Our Concerns
This is a Bad Deal for Whistler
The Developer is making a huge profit but providing the community very little in return.
Re-zoning is a privilege, not a right.
The Council & Mayor should be asking for more benefits for our community.
Let’s consider the facts:
The re-zoning of 5298 Alta Lake Rd. will add tremendous value to this parcel of land and make the developer a handsome profit, estimated to be nearly $30 million. This land is currently zoned for a wilderness retreat with a site-sensitive eco-lodge and small cabins, always with the intention of maintaining the existing natural setting — but the developer is seeking re-zoning for an entirely new concept: big market townhomes with some employee housing. The Council is in the driver’s seat when it comes to this request for new zoning and should be able to find a more creative solution that provides for employee housing without increasing density on the lake. They still can. To be clear, with a re-zoning, council does not have to rely on the existing zoning, which is now obsolete as a baseline for the current development. Any rezoning ought to meet the current needs of the community. Whistler residents should insist that the Mayor and Council ensure that we get the right type of zoning for this parcel of land; they need to protect the best interests of all Whistler residents, not just the profits of the developer.
What benefits is the community of Whistler getting in exchange for this rezoning? Very little and not enough.
Let’s be clear. With the current zoning, the developer (like the owners before them) is already required to:
Build a Valley Trail extension
Refurbish the historic Hillman cabin and barn
Provide a minimum of 800m2 of Employee Housing
What are they providing?
A new bridge across Gebhart Creek to RMOW Valley Trail Standards (already mandated by the existing covenants on the property).
A public park, but this gift is not as generous as it seems: recent regulations do not allow building on the “riparian zones” and setbacks where the “donated” park will be located. In addition, as it is at the top of a very steep hill and without parking facilities it is unclear how much use and enjoyment Whistler residents will get out of it.
Lands for future development of employee housing at the RMOW’s expense: 1.3 acres. The developer frames this as a generous offer, but this is the steepest and most difficult part of the site. The developer is simply offloading land that would never be profitable to build on.
A marginal increase of 1200m2 of Employee Housing — in exchange for an increase of 2300m2 of market housing. This ratio of 2:1 Market to Employee housing is not a good deal for Whistler.
Why is this such a bad deal?In virtually all similar re-zonings that involve both market accommodation and employee housing, the massing or density ratio has always been at 1:1 or better in favour of the employee housing (e.g. Lorimer Ridge, Brio, Millar’s Pond, Barnfield and Nita Lake Estates)
In this case the developer started out with a proposal for 22 large 220m2 market townhomes (4840m2 total) but only 7 small 106m2 employee housing units (a mere 742m2): a ratio of 6.5:1. In subsequent negotiations with the municipality the number of employee housing units was increased to 20 but nothing was done to reduce the number of market townhouses (the cash crop!), leaving the square-footage at a ratio of 2:1.
The market townhouses are assumed to be very similar to this developer’s earlier project and sale of 40 townhouses in Baxter Creek above Rainbow, where individual units are selling for over $2.6 million. This suggests that this new proposed development could reasonably be expected to achieve a gross selling price of anywhere between $44 million and $57.2 million.
Land title records show that in 2003, the property was purchased by 36063 Yukon Inc. (later renamed the Empire Club) for $3.9 million. The land was refinanced in 2018 with a $5 million mortgage from the Toronto Dominion Bank. Rumour has it that the controlling shares of the corporation were purchased by the company’s current principal and his associates for $5 million. Unfortunately, the cost of the shares cannot be included as part of the project development costs; in any case this developer stands to make an enormous amount of profit in the name of “public housing”.
The notion that the developer is being granted bonus density in exchange for a gift of land for future development as employee housing is simply a raw deal for the RMOW. Given the terrain, slope and geology of this “gift”, the area is simply not financially developable (and presumably the developer/”donor” knows this!) This is undoubtedly a throwaway and ethically questionable.
What they are offering to the community is just not good enough!
What is the developer getting in return?
Rezoning of the property for a completely new and much more profitable purpose, far in excess of its current zoning.
An increase of 2300m2 of market townhomes above and beyond what is permitted in the current TA17 zoning.
An increase in density of 275% on the land through both zoning and an increase to the FSR (Floor Space Ratio) on only a small and exceptionally visible parcel of the property.
Let’s reiterate, without rezoning, the developer would not be able to build anything like this on this property. Whistler residents should not have to deal with the consequences of a developer who seeks a huge profit at the expense of one of Whistler’s precious Lakesides, just because the proposal is cloaked in an offer to build a relatively small number of employee homes. While this may provide a marginal short-term gain to EH, it will come with massive, irreversible and long-term consequences to the gem that is Nita Lake.
Why should we bail out a developer for a bad land purchase? The developer assumed all risk when purchasing the property and knew the limits of what could be built. It is not the Council’s job to protect this purchaser, but instead their duty to ensure Whistler gets the right development, one that protects our environment, brings benefits to our community and maintains its health and long-term sustainability.
Why is this a bad deal for Whistler?
Substantial clear-cutting of at least 5 acres of this very sensitive lakeside area is unavoidable.
Destroying the appearance of Nita Lake with the clear cutting required for the development and to meet Firesmart regulations. Don’t forget: this is the same developer that failed to save any trees at Baxter Creek.
Creating another “Rainbow South”
Not enough Employee Housing for the increase in Market Zoning. This is one of the first proposals under the Guidelines for Private Developers, which are based on the basic principal that a project “optimize the amount of employee housing within the proposed development.” These guidelines allow for “limited amounts of new unrestricted market accommodation to support project viability”; even though council is desperate for additional employee housing, the principles of the guidelines still have to be applied. The developer appears to have got this backwards by optimizing the for-profit market development and limiting the employee housing.
Inadequate community benefits in exchange for the rezoning.
An insufficient solution to a big problem: Currently 100 units of employee housing on Blackcomb are in the review process and another 100 units at Cheakamus Crossing. Compared to these two impressive projects, the Empire Group proposal for 20 employee units falls far short of meeting the needs of the community.
Increased traffic: at least 72 more cars traveling through the current Nita Lake neighbourhood, adding to the existing traffic south of the village and causing long lines at the intersection of Highway 99 and Alta Road Road. The current proposal fails to provide for adequate parking for residents, their guests and nightly rentals.
A short term boost to Employee Housing with irreversible consequences to our community and the beauty and appearance of Nita Lake.
Impacts on the health of our Whistler wildlife and ecosystems put at risk, along with the future of tourism, and the health and well-being of future generations
The citizens of Whistler deserve to have its elected Council Members negotiate the best deal for Whistler through the rezoning process, one which will protect our most precious assets – the natural beauty of the Lake and views of the lake - and hold any lakeside development to the highest standards.
Re-zoning is a privilege, not a right; the Council & Mayor should ask for a great deal more to benefit our community. Write to council at corporate@whistler.ca and let them know this is a BAD Deal for Whistler and that we need to GET IT RIGHT!