montebelo suit 

Montebello owners threaten legal action over zoning changes By Andy Stonehouse A group of property owners at the Montebello development are considering legal action against developer Park Georgia in light of proposed zoning changes at the adjacent Whistler Racquet and Golf Resort. Todd Kerr, the owner of one of the first phases of properties along Blackcomb Way, said he and fellow owners are concerned with zoning concessions apparently being granted to the developer in exchange for the protection of some controversial forest lands adjacent to their homes. "I bought this property two years ago when it was en empty lot, and I was told it was going to be all residential, with no rentals," he said. "Most of us bought in on the representation that it was going to be residential only." As part of an agreement worked out between the municipality and Park Georgia, the developer has applied to rezone the second phase of the Montebello townhouse project to allow both residential and temporary/tourist accommodation. Kerr said he and others purchased their property on the promise that further tennis courts would be built at the racquet and golf resort and that the golf driving range would be completed. Whistler council will be meeting on Aug. 24 to consider third reading to the agreement, part of a larger package of changes designed to save the stand of alluvial forest. Kerr said he understands the environmental objections to the driving range project but feels that the deal reached between the developer and the municipality, protecting the lands, goes against the conditions of his sale. "Park Georgia is giving away a lot of the stuff we bought into, with no concessions to the owners. They're also giving no representation to us — we've asked for a public hearing, and now we're getting dumped upon." Kerr said he and fellow owners met with Montebello's strata council and have arranged a meeting for Aug. 30 at the tennis club to discuss their options. He said many have discussed hiring lawyers and threatening legal action if the changes go ahead. A 425 unit, eight storey Hyatt hotel is planned as part of the final work at the site, as well as agreements to modify the strata title at properties throughout the development.

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