Metro Vancouver launched a legal petition earlier this month against the city of Port Moody, alleging its new official community plan (OCP) is "invalid."
In its action, filed Nov. 13 at BC Supreme Court in Vancouver - two days before the city election - Metro Vancouver claims the OCP that Port Moody council adopted 5-2 a month earlier is contrary to provincial legislation.
According to the Metro court filing, Section 866 of the Local Government Act states that all 21 municipalities must have a regional context statement (RCS) accepted by the Metro board in its OCP.
Since Port Moody's doesn't, it says, its blueprint for growth effectively does not meet statutory content: "Until such time the new OCP meets the required content required by Section 866 of the Local Government Act, the new OCP is not in force and effect," the petition states.
Metro Vancouver officials and Port Coquitlam Mayor Greg Moore, who chairs the regional board, which voted in camera to pursue legal action against Port Moody, declined to comment while the case is before the courts.
"We're looking for a way to resolve it," Metro spokesperson Bill Morrell said.
Port Moody Mayor Mike Clay said the legal challenge by Metro was expected.
On Monday, he told The Tri-City News the city had been discussing the land use matter with Metro for some time. In the spring, when the city took its proposed OCP to Metro for comment, Clay said Metro suggested the city make four changes, of which two were later approved and two denied. Those two concerned the Mill and Timber (Flavelle mill) site next to Rocky Point Park and the former Andrés Winery.
Clay said Metro insisted those sites be moved from industrial to general urban use - something the city did not want to do because there was no immediate plan to develop them.
Clay said Metro then reversed its decision, denying Port Moody a change from industrial to general urban. "We said, 'We're OK with that because they're industrial sites with a special-study area overlay,'" Clay said, adding, "This is why we've gotten where we've gotten, because there's basically a disagreement with the semantics of what they're doing. They told us what to do then voted against it."
Clay said Port Moody has sent a letter to Metro that it won't be responding to the petition within the required 21-day period because of the city council and Metro board change-over after the Nov. 15 civic election.
But he and city staff hope to meet with Metro officials early in the new year, when Clay said he believes there will likely be a change to the city's RCS. "We will meet their conditions. We will just file an amended one... It's literally changing the colour on a map."
Meanwhile, a look at Metro Vancouver's agenda for July 11 provides some information as to the reasons for the regional body's reticence at agreeing to PoMo's changes.
At the time, Metro Vancouver staff recommended the board decline the new designations from industrial to general urban. In the case of the Andres wines site, a staff report said the location does not seem appropriate for some of the highest densities in the city, given that it is located at the end of the central part of Port Moody and not close to a confirmed rapid transit station or other amenities, and reducing the supply of industrial lands should only be considered in unique cases based on a strong planning rational. It suggests that until more study is done, which PoMo is planning to do, the amendment "seems premature."
In the case of the Mill and Timber property, the report states that while the OCP does elaborate on the future mix of residential, commercial, marina, light industrial, institutional and public open space, and PoMo plans to do more study, redesignation seems premature given that there is a working mill on the site.
- Tri-City News files
