Dispute between developer, car share operator puts council in bind

Photo: MQN Architects

Pacific Avenue

Kelowna city council found itself between a rock and a hard place when it was asked to pivot on the zoning of two rental apartments already underway.

Okanagan Opportunity, the developer of both 1145 Pacific Avenue and 599 Clement Avenue, had received a variance from the city in February of last year for reduced parking at both sites.

Instead of providing cash-in-lieu for the reduced stalls, the developer instead stated they would provide car share options on-site for residents.

However, city planner Adam Cseke said the car share option has fallen through.

"There have since been, during construction, ongoing issues between the applicant and the car share operator on where, how and other issues related to those car shares," said Cseke.

"This has been an ongoing struggle with staff over the last few months, where certain commitments are made, and then expectations of probability and number of users are used as reasons for not providing (car share) at the time of occupancy permit. They will provide car share as soon as "X" number of people are using the site, but that's not allowed in the zoning bylaws."

In order to get around the parking requirement, Cseke said staff recommended the developer apply instead for the rental sub-zone, which would allow for a 20 per cent parking reduction.

He says that reduction matches the proposed parking on both sites.

"This put us in a really awkward position," said Coun. Gail Given, "because we made a decision based on a commitment required of a third-party operator, so the developer has the benefit of reduced parking.

"This is all very untenable at the moment."

Coun. Luke Stack wondered whether the developer believe they can run their property with less parking.

"I don't want to create loopholes to people so they can squeak through and create a huge headache for the whole street," he said.

"I think at the time (public hearing), I would ask the question to the applicant, does your parking plan work for your designated building, and for your tenants?"

The two apartments will provide a combined 89 units of rental accommodation once complete and, while he understood the concerns of council, Mayor Colin Basran says it was a "messy way to get there," but he's OK with the zoning change.

"The way I'm looking at it is if this had been a fresh application, I appreciate it's not, but if it had, I think we would probably be thrilled that somebody had come in with rental only zoning to protect rental housing in perpetuity.

"The fact is that under our parking requirements of rental in perpetuity, this meets our parking requirements."