I think the City of Kelowna Planning Department thinks it doesn’t have to follow the rules and Council doesn’t care. For example, the City Planning Department Staff recently approved a project in the Abbott Heritage Conservation Area (HCA) which according to both zoning and the Official Community Plan (OCP), was not allowed.
The HCA is zoned RU1 Large Lot Housing which includes specific housing types to meet the 4 units per lot mandated by the province. Recently, city Planning staff approved a stacked housing project stating that there were no variances to the zoning. A review of the Zoning Bylaw No.12375, indicated stacked townhouses did not fall into RU1 zone but in the MF-Multi- Dwelling zone.
What this indicates is that Planning staff did not follow the zoning regulations and approved a use that was not permitted. The act of not following the zoning regulations is a violation of Zoning Bylaw No. 12375 for which there are serious penalties under Section 3.4:
“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.”
Stacked townhouses are also discussed in the 2040 Official Community Plan (OCP). It states (Page 33):
“Stacked townhouses and low-rise apartments are supported adjacent to Transit Supportive Corridors.” The subject property is not. If not, Policy 5.3.3: Strategic Density states the property must be 1 hectare (2.47 acres) or larger. This property is not.
Therefore, the 2040 OCP also indicates that stacked townhouses are not permitted at this property.
A new complication entered the fray. At the last Kelowna council meeting of the year on Dec. 8, 2025, the 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 with no mention that they already permitted this and its inclusion should trigger a public hearing.
Staff weren’t disciplined and council, except Councillors Cannan, Hodge, and Lovegrove, approved inserting stacked townhouses in RU1 on January 12, 2026 knowing the facts. If the mayor and councillors can’t ensure city staff play within the rules, then what good are they? It is time for the mayor and most councillors to go.
