Developer takes Kelowna to court again over controversial highrise project | iNFOnews | Thompson-Okanagan's News Source
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Developer takes Kelowna to court again over controversial highrise project

This is a rendering of the proposed highrise at 350 Doyle Ave. in Kelowna.
Image Credit: SUBMITTED/Appelt Properties

A developer has been trying to get the redevelopment of the old Kelowna RCMP site off the ground for years, and after yet another rejection it’s taking the city back to court.

Appelt Properties filed a petition to the Supreme Court arguing that the City of Kelowna’s denial of its variance application back in May was unfair, unreasonable and asked the court to reject the city’s decision. The petition was officially filed by Centurion Appelt Limited Partnership.

Councillors’ main concern was that the city’s policy limits the building height to 15 storeys, and the developer’s request was to allow the building to be 25 storeys, which was the most significant part of its variance application.

“I think this proposal meets some of the city's policies and the design is actually quite appealing, but I think the development variances are more generous than what the community benefits are being offered in return. So what I've heard tonight, it's clear and the community believes we can do better,” councillor Ron Cannan said at a council meeting, May 13. "We should take a pause and turn down this application, reconsider the height."

The petition alleges that the city had already decided to vote down the development before it officially considered the developer’s application.

Appelt’s petition also said that the city didn’t tell the developer that it was going to consider building height or use. Building height and use are regularly considered by the city when council discusses new developments.

This is yet another case between the developer and the city since it has been working on a plan to build a highrise at 350 Doyle for years.

READ MORE: Developer trying again to get controversial highrise built in downtown Kelowna

In 2023, the developer filed a lawsuit against the city and a lawsuit against Mayor Tom Dyas for political interference for what it claimed was unfair opposition to the plan.

The developer was also caught giving university students $250 to speak at a public hearing, which led to the city cancelling the project in April 2023.

Appelt initially designed a 13-storey building, but after receiving feedback from the city it redesigned it into a slimmer 25-storey building. Council approved the 25-storey plan in July 2022 before it was shut down following Dyas’ election as mayor.

The developer resubmitted its plan for the building in October and its request for a development variance permit went in front of council in May. The city council shot the plan down yet again.

Appelt and its subsidiary formed specifically for this project have spent $10 million over the past four years to get the development off the ground.


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