West Kelowna  

Council gives initial approval for Lower Glenrosa development

Dispute could halt project

A development some on West Kelowna council believe may never be built has been advanced to a public hearing.

The project in question is a townhouse development proposed for Lower Glenrosa Road, one which council has seen, and rejected on more than one previous occasion.

However, following a narrow 4-3 vote Tuesday, council gave first two readings to a rezoning amendment despite the fact a dispute between the developer and a neighbour shows no signs of getting resolved.

At issue, according to planning manager Brent Magnan, is a right of way needed through the neighbouring property for management of stormwater.

"There is an open channel that comes through the site, goes into a piece of private property and into the applicants property," Magnan reminded council.

"Historically there has been flooding in those areas."

Magnan says a piped stormwater system was installed through the site and the neighbouring property without any permits or approvals.

"The problem exists because the neighbour did something without a permit."

Magnan says that channel needs to be dealt with and opened up before any development can go forward.

Council was split as to whether to move forward. It appeared the vote would go 5-2 the other way with some feeling the dispute needed to be settled first before giving initial consideration.

Magnan, however, told council an agreement between the developer and the neighbour wouldn't be required until final adoption while also reminding council the matter at hand is strictly land use and whether the site in question is suitable for townhouses.

"We would go through the public hearing and third reading and by third reading it would be clear whether we are going to have this agreement in place.

"At that point council can make some other decisions as to whether to continue with or without an agreement.

"But that doesn't preclude council from giving first and second reading."

That prompted both councillors Stephen Johnston and Tasha DaSilva to support initial consideration.

Both did make it clear that without an agreement between the applicant and the neighbour they would not vote for adoption.

Councillors De Jong, Millsap and Zanon voted against moving forward.

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