January 7, 2015 public input by Hazel Mason, MCCA president, timed to not exceed the allowed two minutes per person.
“Following up on correspondence to you …
At council’s meeting last July 22, when then council was considering how to move forward with the OCP given the spectre of litigation, I asked council to improve the plan before adoption – because if that didn’t happen, both the district and residents would be upset.
Some development advocates were at the same July meeting and urged council to move the plan forward and not let MetroVan call the shots. I’m not sure that was appropriate.
The potential for legal trouble has been known for many months.
Despite the legal implications, council of the day approved the controversial plan.
Sure enough, legal action followed, with MetroVan declaring the OCP invalid.
I suggest you rescind the adoption to make the litigation and other problems go away while taking the time necessary to fix the plan. If the plan is rescinded the MetroVan litigation loses its relevance. Until a new improved plan is good to go, the OCP adopted in 2011 would be in effect.
Since the 2011 plan was in effect up until very recently – and the new invalid plan has been stalled pretty much from the time five council members voted in favour – rescinding and fixing should be a viable option.
If concerns are raised about land transactions and liability concerns, I suggest the relevant window of time was very small. Anyone paying attention to public information would know this was a very troubled and unsettled plan with a lawsuit looming. My neighbours knew. I expect larger players knew as well.
[Added: In addition, the zoning bylaw is not updated, which would further reduce risk of liability. We’ve been told many times that development applications must be in accordance with the zoning bylaw which will eventually be updated to reflect the new OCP, even though – if necessary – amendments can happen at any time.]