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Kits Point Residents Association takes the city to court over Senakw services agreement

The association says it is not opposed to the development, but is concerned with the "size, density, heights of towers and the affect the neighbouring residential area."

Aerial view of the proposed Senakw development in Kitsilano.
Aerial view of the proposed Senakw development in Kitsilano. PNG

The Kits Point Residents Association wants a services agreement struck between the City of Vancouver and the Squamish Nation to manage utilities, fire and policing at the Senakw development declared null and void.

The association is seeking a Supreme Court of B.C. judicial review of the way the service agreement was reached – hoping it will be declared unlawful, unreasonable and in breach of the Vancouver Charter.

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The Senakw development comprises 11 residential towers on a 10.5 acre anchor-shaped parcel of land belonging to the Squamish Nation. The towers, of varying sizes up to 54 storeys, will contain 6,000 rental units and be built near the Burrard Bridge adjacent to Kits Point, Vanier Park and close to Granville Island.

According to the Squamish Nation, the services agreement creates a framework to guide the city’s relationship with the First Nation and ensures the development has access to municipal services, amenities and infrastructure.

The agreement was reached during an in camera meeting with no public input on May 25, 2022 and was released a month later.

Squamish Nation Council Chairperson Khelsilem and Vancouver Mayor Kennedy Stewart announce details of the Senakw development, at a press conference at the Museum of Vancouver Wednesday, May 25, 2022. Pictured, left to right, Vancouver councillor Michael Wiebe, Squamish nation councillor and spokesperson Syexwaliya (Ann Whonnock), Khelsilem and Mayor Kennedy Stewart at the announcement.
Squamish Nation Council Chairperson Khelsilem and Vancouver Mayor Kennedy Stewart announce details of the Senakw development, at a press conference at the Museum of Vancouver Wednesday, May 25, 2022. Pictured, left to right, Vancouver councillor Michael Wiebe, Squamish nation councillor and spokesperson Syexwaliya (Ann Whonnock), Khelsilem and Mayor Kennedy Stewart at the announcement. Photo by Jason Payne /PNG

The Kits Point Residents Association filed its petition on Wednesday and wants the court to declare the city breached its duty of procedural fairness by not providing residents impacted by the development a chance to be heard and make representations to council.

Because the land is owned by the Squamish Nation it is not governed by the city and can do as it wishes on the land and is not obliged to consult outside its own community.

The project is supported by the provincial and federal governments – with Prime Minister Justin Trudeau on Sept. 6 announcing in person that the federal government would provide a $1.4 billion loan to ensure the project will go ahead. This is the largest Canada Mortgage Housing Corporation loan in Canadian history.

Sḵwx̱wú7mesh Úxwumixw Council Chairperson Khelsilem chats with Prime Minister Justin Trudeau at an announcement for Squamish Nation’s Sen̓áḵw development in Kitsilano on Tuesday, Sept. 6. The federal government announced a $1.4 billion low-interest construction loan for the project.
Sḵwx̱wú7mesh Úxwumixw Council Chairperson Khelsilem chats with Prime Minister Justin Trudeau at an announcement for Squamish Nation’s Sen̓áḵw development in Kitsilano on Tuesday, Sept. 6. The federal government announced a $1.4 billion low-interest construction loan for the project. Photo by NICK PROCAYLO /PNG

The residents association states in its petition that while it is not opposed to the development, it is concerned with the “size, density, heights of towers and the affect on the neighbouring residential area.”

The project, built on Squamish Nation land, will be half owned by the band, with developer Westbank holding 30 per cent and the OP Trust (Ontario government pension funds) 20 per cent. If each unit rents for an average of $2,500 a month then the gross earnings will be $15 million a month.

dcarrigg@postmedia.com