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'Lawsuit high-rise' going back to Kelowna council

Appelt Properties has filed two lawsuits in connection with the city's rescinding of development permit
350doyle-nov19
Appelt Properties and Wexford Developments have submitted a revised application for the 25-storey tower at 350 Doyle Avenue.

A proposed downtown Kelowna high-rise, at the centre of a legal dispute between its developer and the city, has been resubmitted for a development permit.

On Nov. 15, 2024, Appelt Properties and Wexford Developments submitted a revised application for the 25-storey tower at 350 Doyle Avenue. This follows a on Aug. 14, 2023, after concerns arose over the involvement of speakers at a who had allegedly been paid a per diem to support the project.

The original proposal was for a 13-storey mixed-use building, but after discussions with city staff, the developer revised the design to a taller, narrower tower in June 2022.

Appelt Properties has filed two lawsuits in connection with the city's actions. The first was filed on , and the second, on , which named both the city and Mayor Tom Dyas. In a , the city stated, "None of 350 Doyle Avenue Holdings' allegations have been proven in court."

At a Nov. 21, 2022 meeting, for the development, which would have set aside 10 per cent of the 259 units (26 studio apartments) at an "attainable rental rate." The developer proposed a monthly rent of $2,050, based on a median annual income of $82,000. However, council deemed these figures unrealistic and voted unanimously to reject the agreement, asking the developer to reconsider.

The future of the 350 Doyle Avenue site, formerly home to the RCMP detachment, has been contentious since the city issued a call for development proposals in 2019. The Kelowna Legacy Group (KLG), formed in October 2019, has been a vocal  for the site and .

Mayor Dyas was formerly involved with KLG, which was addressed in an April 8, 2024 court filing by the city -- an amended response to the developer's amended petition.

"Although Mayor Dyas was involved with the Kelowna Legacy Group prior to being elected to council in October 2023, there is no evidence his participation and vote on the decision to rescind the DP (development permit) and DVP (development variance permit) was based on the Improper Motivations alleged by the Developer," the court filing states in part.



About the Author: Gary Barnes

Journalist and broadcaster for three decades.
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