Castanet – Jan 12, 2026
I think the City of Kelowna’s planning department thinks it doesn’t have to follow the rules and city council is OK with that.
For example, planning department staff recently approved a project in the Abbott Heritage Conservation area which, according to both zoning and the Official Community Plan, is not allowed
The area runs along Okanagan Lake, between Harvey Avenue and Kelowna General Hospital. It was one of the first residential areas established before the city was incorporated in 1905 and was designated as such because of the residences of former prominent citizens of Kelowna, such as (former mayor) Dick Parkinson, whom the Parkinson Recreation Centre is named after. Many of the homes have signs in front describing the architecture of the house and the early residents.
The Abbott Heritage Conservation is zoned RU1 Large Lot Housing, which includes specific housing types to meet the four units per lot mandated by the province. Recently, city planning staff approved a project stating there were no variances to the zoning and that they followed the recently revised heritage guidelines.
The project looks like a mini apartment building, three storeys high. The housing type is called a “stacked townhouse”. A review of zoning Bylaw 12375, indicates stacked townhouses do not fall into RU1 zone but into the MF-Multi Dwelling zone.
What that indicates is the planning staff did not follow the zoning regulations and approved a use that is not permitted. The act of not following the zoning regulations is a violation of zoning Bylaw 12375. There are very serious penalties for violating that bylaw. Section 3.4: states: “Every person who violates a provision of this bylaw commits an offence and is liable on summary conviction to a penalty not exceeding fifty thousand dollars ($50,000.00) and the costs of prosecution. Each day a violation of the provisions of this bylaw exists or is permitted to exist shall constitute a separate offence.”
The zoning regulations are governed by the B.C. Local Government Act.
Will city council penalize or discipline the planning staff involved in the approval of this project? In my opinion, no.
Stacked townhouses are also discussed in the 2040 Official Community Plan. It states on page 33: “Stacked townhouses and low-rise apartments are supported adjacent to transit supportive corridors.” The subject property is not (adjacent to transit supportive corridors). Policy 5.3.3: Strategic Density states the property must be one hectare or larger. This property is not (one hectare in size).
The 2040 OCP also indicates that stacked townhouses are not permitted at this property. This, to me, is a major egregious decision by the planning staff to not follow the zoning regulations and not follow the 2040 OCP, including Policy 5.3.3.
A new complication has now entered the fray. At the last Kelowna council meeting of 2025 (Dec. 8), planning staff brought forward a list of 17 recommendations for miscellaneous changes to the zoning bylaw, one of which was to include stacked townhouses in the RU1zone. Did planning staff tell council they had already approved a stacked townhouse and inclusion in the RU1 zoning would trigger an OCP change and a public hearing? No.
Based on the actions of the planning department to disregard the zoning regulations and the 2040 OCP, it is obvious to me planning staff has too much latitude. Will council take back jurisdiction from the planning staff? I can only hope.
Council voted on Dec. 8 for the amendment to include stacked townhouses in the RU1 zone without getting all the information. Council has it now. Will it reject this at the final vote? I can only hope that, too. This will have a major impact on the heritage conservation area.
This kind of thing can happen in your neighbourhood. Keep an eye on the city staff and council. I don’t think they can be trusted.
Susan Ames, Kelowna
https://www.castanet.net/news/Letters/593717/Doesnt-trust-city-planners
