We recently reported “Regionwide fallout from Supreme Court decision? North Vancouver watchdog spotlights 161 East Keith Rd rezoning (16-storeys).” This relates to a rezoning Public Hearing January 17, 2015, for a 16-storey tower (depicted on left), at the location (below right).
Today North Van City Voices, a citizens’ watchdog in the City of North Vancouver, has published the text of a letter to North Vancouver City Hall by a lawyer with law firm Borden Ladner Gervais (see “Possible legal challenge to Keith Rd Bylaws?” 8-Feb-2015).
The letter, written on behalf of Middlegate Developments Ltd…
- advises the City of North Vancouver of significant concerns with the planned development,
- says “density calculation and reporting was at best opaque, and perhaps more properly, misleading,”
- says “the City failed to discharge its statutory disclosure obligations in advance of the public hearing, and should have provided a more transparent package to affected parties,”
- asserts that underlying agreements between the City and developer regarding density transfer and bonus density were not fully disclosed to the public and should have been,
- refers to the recent decision of Mr. Justice McEwan in Community Association of New Yaletown v. The City of Vancouver, 2015 BCSC 117 as a relevant case,
- calls for a new disclosure package to be distributed, and a new public hearing,
- and indicates that the party might challenge the re-zoning bylaw in the courts.
Here, CityHallWatch wonders again what this new case could mean. If the assertions regarding the municipal government’s conduct in the rezoning process are proven true, is this another isolated case? Or could the problems we have witnessed rezonings in New Yaletown in Vancouver and now in North Vancouver be systemic, across the industry and across municipal governments in the whole region. And if so, how long has this been going on? More public attention is needed on these matters.
Reference: The Public Hearing documents for this rezoning are available in PDF from the City of North Vancouver website here (warning of large file size – 48 MB, 75 pages): 161 E Keith – Public Hearing January 19, 2015.