Heritage Revitalization. 1.1 The parties agree that the Heritage Lands have heritage value, deserving of protection and conservation and the Owner specifically agrees to maintain, preserve and protect the heritage character of the existing building known as the “Xxxxxx-Games House” located on the Heritage Lands in accordance with this agreement.
1.2 The parties agree that the Heritage Lands may, notwithstanding the provisions of City of Kelowna Bylaw requirements related to the existing RU1 – Large Lot Housing zoning on the Heritage Lands, be used for and developed in the following manner, and in accordance with the further provisions of this agreement:
a) Lot A may be subdivided to create two lots, in accordance with Appendix “A” attached to this agreement, each of which will retain the RU1-Large Lot Housing zoning designation.
b) A maximum of one Single Detached House will be permitted per newly created lot.
c) The Xxxxxx-Games House will be relocated to Lot 1, as shown on Appendix “A”.
d) A Single Detached House will be constructed on Lot 2, as shown on Appendix “A”, and generally in accordance with the plans and design outlined in Appendix “B” attached to this agreement.
e) The Owner will apply for formal designation of the Xxxxxx-Games House as a protected heritage property pursuant to the City of Kelowna Heritage Procedures Bylaw No. 7776 and Section 967 of the Local Government Act. (collectively, the “Development”)
1.3 The parties agree that, except as varied or supplemented by the provisions of this agreement, all bylaws and regulations of the City and all laws of any authority having jurisdiction shall apply to the Heritage Lands.
1.4 The parties agree that variances to the following subsections of Section 13 – Urban Residential Zones of City of Kelowna Zoning Bylaw No. 8000 are granted through this agreement:
Heritage Revitalization. 1.1 The parties agree that the Heritage Lands has heritage value, deserving of protection and conservation and the Owner specifically agrees to maintain, preserve and protect the heritage character of the building located on the Heritage Lands.
1.2 The parties agree that the Heritage Lands may, notwithstanding the RU1-Large Lot Housing zoning on the Heritage Lands, be used for the following permitted uses on the identified Heritage Lands:
(a) The applicant wishes to use the subject property for the development of two single unit residences in separate dwellings, as if the property was zoned RU6 – Two Dwelling Housing zone as noted in City of Kelowna Zoning Bylaw 8000, as amended.
Heritage Revitalization. 1.1 The parties agree that the Heritage Lands has heritage value, deserving of protection and conservation and the Owner specifically agrees to restore, maintain, preserve and protect the heritage character of the buildings located on the Heritage Lands in accordance with attached schedules “A”, “B”, and “C”.
1.2 The parties agree that the Heritage Lands may, notwithstanding the RU1 – Large Lot Housing zoning on the Heritage Lands, be used for the following permitted uses within the Heritage Building on the identified Heritage Lands:
(a) Five residential units as shown in Schedule “A”;
(b) The residential units will be limited ot the following sizes: Unit 1: 86.2m2 Unit 2: 71m2 Unit 3: 111m2 Unit 4: 75m2 Unit 5: 51.6m2
(c) No dwelling units shall be developed in the existing basement area without an application to amend this agreement.
(d) The owner agrees to the designation of the property under Section 967 of the Local Government Act has a Heritage Property
1.3 The parties agree that, except as varied or supplemented by the provisions of this agreement, all bylaws and regulations of the City and all laws of any authority having jurisdiction shall apply to the Heritage Lands.
Heritage Revitalization. 1.1 The parties agree that the Heritage Lands has heritage value, deserving of protection and conservation and the Owner specifically agrees to restore, maintain, preserve and protect the heritage character of the heritage buildings located on the Heritage Lands in accordance with attached Schedules “A”, “B1”, “B2” “C” “D1”, “D2” and “E”.
1.2 The parties agree that the Heritage Lands may, notwithstanding the RU6 – Two Dwelling Housing zoning on the Heritage Lands, be used for the following permitted uses within the Heritage Building on the identified Heritage Lands:
(a) One Residential Unit.
(b) Advertising/Design Office Provided that:
(i) one residential dwelling unit is provided.
(ii) the number of staff operating from the Heritage Building is limited to a maximum of 6.
(iii) the house will be divided into office areas as shown on Schedule “B1” & “B2”;
(iv) the business use is limited to opening hours between 8:00am to 5:00pm, Monday through Friday, inclusive.
(v) one freestanding sign not exceeding 0.23m2 (2.5 ft2) be permitted in accordance with Schedule “E”.
(c) The structure and form and character of the house will remain as shown on the site plan attached as Schedule “A” and photographs attached as Schedule “D”;
1.3 The parties agree that, except as varied or supplemented by the provisions of this agreement, all bylaws and regulations of the City and all laws of any authority having jurisdiction shall apply to the Heritage Lands.
Heritage Revitalization. 1.1 The parties agree that the Heritage Lands have heritage value, deserving of protection and conservation and the Owner specifically agrees to restore, maintain, preserve and protect the heritage character of the heritage buildings located on the Heritage Lands in accordance with attached Schedules “A”, “B” & “C”.
1.2 The parties agree that the Heritage Lands may, notwithstanding the RM5 – Medium Density Multiple Dwelling Housing zoning on the Heritage Lands, be used for the following permitted uses within the Heritage Building on the identified Heritage Lands:
Heritage Revitalization. 1.1 The parties agree that the Heritage Lands has heritage value, deserving of protection and conservation and the Owner specifically agrees to maintain, preserve and protect the heritage character of the building located on the Heritage Lands.
1.2 The parties agree that the Heritage Lands may, notwithstanding the RU1 – Large Lot Housing zoning on the Heritage Lands, be used for the following permitted uses within the Heritage Building on the identified Heritage Lands:
(a) One residential unit;
(b) Medical Office Space Provided that:
(i) one residential unit is provided,
(ii) The number of doctors operating from the Heritage Building is limited to a maximum of three;
Heritage Revitalization. 1.1 The parties agree that the Heritage Lands has heritage value, deserving of protection and conservation and the Owner specifically agrees to maintain, preserve and protect the heritage character of the building located on the Heritage Lands.
1.2 The parties agree that the Heritage Lands may, notwithstanding the RU1-Large Lot Housing zoning on the Heritage Lands, be used for the following permitted uses within the Heritage Building on the identified Heritage Lands: A counselling and care facility for individuals suffering from mental conditions such as eating disorders and depression, provided that;
(a) Hours of Operation - The hours of operation would be Monday through Friday, 8:00 am to 7:00 pm, (b) Number of Staff and Clients - No more that 25 clients will be on the premises at a time. In addition there will be no more that five (5) staff persons on the premises at any given time. The proposed facility will provide no overnight service to its client base,
Heritage Revitalization. 1.1 The parties agree that the Heritage Property has heritage value, deserving of protection and conservation and the Owner specifically agrees to maintain, preserve and protect the heritage character of the building located on the heritage property.
1.2 The parties agree that the Heritage Property, notwithstanding the C10 – Heritage Cultural zoning on the Heritage Property, may be used for the following permitted uses within the Heritage Building on the identified Heritage Property:
(a) One professional office, consisting of two work areas, a reception area, an administration area and a Board Room, provided that
(i) one residential unit is provided on the entire second floor of the house;
(ii) the number of professionals and support staff operating from the Heritage Building is limited to a maximum of five total;
(iii) the use is limited to between 8:00a.m. and 6:00p.m. Monday through Friday, inclusive.
(b) The maximum floor area of the professional office be limited to the main floor, totalling 107m″.
(c) A section of the basement, limited to 40m″, be used for ancillary office uses, such as storage and printing.
(d) An artist studio in the existing accessory building.
(e) Display and sale of artwork in the reception area of the professional office, in the rear yard and in the artist studio.
(f) Five parking spaces located in the rear of the lot, as per Schedule 1 – “Site Plan” attached hereto and forming part of this this agreement.
1.3 The parties agree that, except as varied or supplemented by the provisions of this agreement, all bylaws and regulations of the City and all laws of any authority having jurisdiction shall apply to the heritage property.
1.4 Variance to the following section of City of Kelowna Sign Bylaw No. 8235 be granted through this agreement:
Heritage Revitalization. 2.1 The parties agree that the Heritage Property has heritage value, deserving of protection and conservation and the Owners specifically agree to maintain, preserve and protect the heritage character of the buildings located on the Heritage Property.
Heritage Revitalization. Section 610 of the Local Government Act (LGA) permits a local government to enter into an Heritage Revitalization Agreement to preserve heritage property. OCP Policy (Chapter 11) states: The HRA essentially serves as a stand-alone development approval outside the Zoning Bylaw regulations (though the existing underlying RS1 Single-Detached Residential zoning remains in place). The HRA may provide incentives above and beyond standard zoning for such a form of development by varying aspects such as use, density, lot size, and siting regulations.
