Second hearing forced for development

By Richard Rolke - Vernon Morning Star Published: October 28,

Vernon city hall has been forced to go back to the public after a controversial development became an election issue. Council was poised to give third reading to a rezoning bylaw for a property on Okanagan Avenue Monday. But, instead, a decision was made to defer the matter and hold a new public hearing Dec. 8 because the development was the focus of questions at an all-candidates’ forum Oct. 23. “The new council can hear it and this way there is no challenge of possible influence,” said Mayor Wayne Lippert.The rezoning application had been the focus of a public hearing Oct. 14, and under provincial legislation, civic officials cannot receive any information on an application between the close of a hearing and the bylaw going before council for consideration.

City staff believe that some residents raising the issue at the all-candidates’ forum may have infringed on legislation. “The bylaw becomes challengeable,” said Leon Gous, chief administrative officer. “The act is clear that once a hearing is closed, you can’t receive any information whether it’s new or old.” That’s also Lippert’s interpretation of legislation that governs how municipalities operate. “There’s not supposed to be any other information and not all parties were there (at the forum),” he said.

However, Coun. Barry Beardsell pushed for third reading of the rezoning bylaw to proceed. “I question at the forum whether there was any input. There was no new information received,” he said. “We should deal with the bylaw and reject it.” A representative for the developer says council had no choice but to defer the matter and hold a second public hearing. “It shouldn’t have been discussed at the public forum,” said Wilf Lunde, a local architect. Opponents to the development also welcome the deferral, saying any decision should rest with the new council elected Nov. 15. “I hope they will be more open to public input. Current council says it listens to the public and then does what it wants,” said Vickie Urich, who lives next to the property.

The developer wants to rezone the 6.49-acre vacant site from mobile home residential to four-plex residential. Under current zoning, 52 mobile homes would be allowed while the developer is proposing 63 single-family, duplex and four-plex units. Nearby residents are opposed to the proposed density, construction in a wetland area and they claim their properties will be flooded because there is high water table and preloading will be needed. In a related matter, council instructed city staff Monday to investigate flooding that has occurred on the south side of Okanagan Landing Road, by Okanagan Avenue.