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Crumpit Woods developer warn district of legal action against rezoning

staff report
July 31, 2020 12:51pm

Crumpit Woods developer are exploring legal options as the district plans to rezone their land that would disallow single-family subdivision in the area.

District of Squamish is planning to rezone the land from RS-1 to RM-5, a zoning change that would only allow a low-rise apartment dwelling, and a minimum lot area of one hectare.

The current zoning, RS-1, allows single-family homes with a secondary suite and a carriage home.

In a letter to the district, Clark Wilson, the counsel for Diamond Head Land Company, says if the zoning proceeds, the land owner could only build either a neighbourhood commercial building or 12 large apartments which would make the development unfeasible.

The company has been in contact with the district over the past several months, expressing concerns about the proposed rezoning and attempting to find an alternative solution that would address the district’s concerns in a more effective and practical way.

Despite that the district went ahead and gave first two readings of the Bylaws on July 7, 2020, the counsel wrote, noting that the proposed rezoning was not consistent with the OCP.

“It appears that the purpose of the rezoning is simply to eliminate the possibility of a single family subdivision being approved for the Lands.”

“The proposed rezoning for the Lands will not allow the District to integrate medium to higher density residential uses into the Lands. On the contrary, the development potential of the Lands will be stifled, as the RM-5 zone only allows for one residential use as opposed to the current three,” the counsel noted.

In his letter, Wilson also said the company was concerned that there appeared to be little discussion or understanding of the particulars involved with the newly proposed RM-5 zoning and inadequate public participation.

“In the event that council proceeds with enacting the rezoning bylaw 2722 (which is clearly inconsistent with the OCP), our client intends to explore its other legal options in order to protect its rights with respect to the land,” Wilson wrote.

Read the legal counsel’s full letter here, alongwith letters written by others against the rezoning.

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