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West Kelowna mobile home park rezoned, last 4 tenants have 1 year to vacate

After about nine months of back and forth, a West Kelowna mobile home park has officially been rezoned to allow for industrial uses.

After being deferred twice this year, West Kelowna councillors were satisfied that four remaining residents of Shady Acres Mobile Home Park would be given adequate notice to move out and access to compensation from the developer, Kerr Properties.

This rezoning application was before West Kelowna councillors for the third time on Tuesday.

When the application was deferred for a second time in July, West Kelowna councillors wanted confirmation that the rules and guidelines under the Manufactured Home Park Tenancy Act were being followed.

“Kerr Properties has always, and will continue to follow all Provincial Acts, Provincial Regulations, and Municipal Bylaws,” said a letter submitted to the city by Patrick Kerr, president of the company.

Kerr said the tenants can pursue compensation through that Act or from the developer.

Brent Magnan, director of development approvals, said that once the zoning bylaw amendment is adopted, that will trigger the 12 month notice period for tenants to vacate as well as the $20,000 compensation for their homes.

“The owners would be eligible for additional compensation up to the assessed value based on that residential tenancy branch review and the process outlined in those matters,” Magnan said.

“Essentially, they’ve met council’s last request. We have received confirmation.”

Coun. Jason Friesen was happy with the confirmation that residents would be treated and compensated fairly.

“I was one of the councillors at the last meeting that wanted to make sure that all tenants were treated fairly, equitably and I can appreciate the fact that the owner and developer has now come forward and done that and met that requirement,” he said.

“That was my only outstanding requirement last time so therefore, I’m happy to support the third reading today.”

Coun. Tasha Da Silva asked for confirmation that all four tenants, including one who sought out legal representation for help with this relocation plan, were being considered owners, not tenants, and would benefit from the homeowner compensation.

Magnan confirmed this was the case, adding that he has had discussions with the applicant and their representatives.

Staff also confirmed that they were looking at a review of the manufactured home-related policies. Coun. Da Silva said that review was necessary to protect vulnerable residents if other mobile home parks are redeveloped.

“I’m very happy to see the resolution here and I do applaud the developer for hearing council and coming to the table with this solution,” said coun. Stephen Johnston.

Those thoughts were echoed by coun. Carol Zanon and mayor Gord Milsom, who was also happy to see tenants being treated fairly.

Next steps will see Kerr Properties bring forward a development permit application for the two proposed industrial buildings that will be going up at 2355 Marshall Road.



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