One more chance to stop tourist centre
Editor: Over the next 30 years, Tourism Kelowna’s proposed building in Kerry Park will require public assets worth at least $15 million, including land assessed at $7.5 million; engineering, environmental and landscaping work costing $4.5 million; and a building costing $3 million.
A number of other long-term public costs of the project have not been disclosed. First, the building will block a million-dollar view of the lake.
Second, Tourism Kelowna failed to respect the Simpson covenant protecting public lands adjacent to their commercial building site. To maximize the building size, Tourism Kelowna proposes using covenant lands for the front-yard setback and roof overhang.
The BC Supreme Court has recognized the covenant protects the land boundaries from commercial uses. It can be argued the setback and roof overhang violate the court’s ruling.
The building design contradicts Tourism Kelowna’s commitment to respect the covenant. Council has ignored the public loss and project costs of allowing covenant lands to be used for setbacks and overhangs.
Third, Tourism Kelowna has also ignored federal requirements to establish and enhance a 15-metre-wide vegetated riparian zone to protect the aquatic environment along the shoreline surrounding the building site.
Tourism Kelowna and the city have no federal authorization to build the building or to install boardwalks and patios inside this riparian zone. The plans contradict Tourism Kelowna’s commitment to respect the 15-metre riparian protection zone surrounding the site.
Fourth, the building is located on an old industrial site with a history of sawmill and log booming uses that contributed large deposits of toxic woody debris onto the lake bed. In the early 1950s, this debris was covered with fill materials to create a ferry jetty.
The nature and extent of soil contaminants and toxic materials at this site have not been identified and disclosed by Tourism Kelowna or the city. It’s unknown how the two partners plan to manage toxic chemicals from leaching into the lake or how they plan to share environmental costs to protect the water.
Fifth, the city has an agreement with Fisheries and Oceans Canada to comply with federal laws, regulations, guidelines and best management practices and to protect Okanagan Lake when considering new development projects along the shoreline. The terms of this agreement have been amended into Kelowna’s OCP policies, but are being ignored. The city failed to request a federal review of Tourism Kelowna’s project and cannot confirm it complies with federal requirements.
Lastly, the project still has not shown to be a matter of public necessity that serves the long-term best interests of Kelowna’s residents and taxpayers. Rather, it benefits Tourism Kelowna’s 300 business members.
At 6 p.m. on Tuesday, council will consider giving final approvals for Tourism Kelowna’s land use, zoning, development permit and setback variance permit. Taxpayers are urged to attend and voice their concerns. This project can be stopped if enough people show up and speak out against it. Otherwise, our land, money and environment will be given away by a council that has deep ties to Tourism Kelowna.
Richard Drinnan, Kelowna