New information that raised questions about public safety sent a restaurant rezoning application on agricultural land back to first reading Tuesday evening.
Hillcrest Farms was scheduled to have a public hearing in Kelowna council chambers to approve an amendment to zoning bylaws that would permit it to legalize an operating restaurant on the property.
However, the hearing was deferred when new information was brought forward about inadequate water pressure on the property to meet fire safety requirements. Council voted to send the application back to first reading.
City staff will bring a report to council June 15 with information about current fire flow and fire suppression capacity on the property at 700 Highway 33 East.
“The deferral was done to give the applicant and staff adequate time to assess the new information and what the planning implications are for the commercial development on the property,” said Todd Cashin, subdivision, agriculture and environmental services manager.
Black Mountain Irrigation District informed the City of Kelowna on May 22 that the water flow in the area serving Hillcrest Farms does not currently meet fire flow requirements. Given this new information, the Kelowna Fire Department will be reviewing life safety requirements for the property.
City officials say they are continuing to work “cooperatively” with the applicant, owner Chancal Bal, to ensure the property meets proper safety and building code requirements.
The restaurant has been operating illegally, without a business licence, for the last three years. During that time, the city has taken measures to address the illegal operation of the restaurant.
The city took Bal to court where he was convicted on five charges related to the illegal operation of the restaurant, as well as failure to obtain the required permit for a large sign, which has since been removed, as wells not getting an occupancy permit for the restaurant or the proper permit for plumbing work.
In total, Ball was fined $8,000 by the court and has has until the end of July to pay the fines, said Cashin.
Bal’s son, Sukpaul, in public comments since the issue returned to council earlier this month, has appeared to justify the family’s action concerning the restaurant by saying it’s not fair that wineries can have restaurants but farm operations, such as his family’s, cannot.
The Agricultural Land Commission has said the restaurant can operate on agricultural land but has expressed concern about the way the issue has been handled by the restaurant’s owners.
The city has said the original plans its was presented for what was to be built at the farm did no show the restaurant as it now exists.
