Editor:
Re: City-owned Burnaby forest shouldn't be sold off for luxury condos, NOW letters, April 25
It is truly unfortunate when the author misstates that “Burnabyites can have a say before this land is sold.” What is really being asked for here is for Council to fundamentally misuse its quasi-judicial authority to make fair and independent land-uses decisions, as specified by provincial legislation and extensive case law. Instead, the demand here is the City should renege on a contractually binding land sale transaction for outright political purposes, and worse, change the Edmond Official Community Plan by stealth and without wider public consultation.
And we really should start from the beginning, as the development application coming to Tuesday’s Public Hearing, is all part of the Edmond’s OCP from way back in 1996. Did the author protest the inclusion of these lands for medium-density housing some 23 years ago? Even if yes, the Council of the day determined this land-use designation was the best way forward. It is worth noting the developer, Polygon Homes, has requested NO change to the Edmond’s OCP to accommodate this multi-family project despite the sea-change in development practices from a generation ago. Strikes me as kudos are due to the Council and community way back when for getting this right.
Even more remarkable is the project proposal requests NO major Zoning Bylaw variances. With a complex site, that will accommodate streamside protections, a public pedestrian pathway, and other community features such as exceptional building design, the developer made this all work without need for Council approved shortcuts.
And let’s be clear about the Public Hearing process as mandated by the province. The author advances issues here that are NOT legitimate for consideration at a Public Hearing like whether the City should sell land. That decision was made by the previous Council and cannot be revisited by way of abuse of land-use determination laws. Another non-relevant issue is whether the City has sufficient reserves, again, that is not a proper consideration in a land-use decision. And this site is not a park, and Councils over the past two-decades did not see fit to make this change in the OCP, which can only be done through engaged public consultation. And if we understand carefully the objections to this project is the City should instead embark on the use of these lands for some other housing form. Well, Council rejected that idea at First Reading. So let’s hear what the community has to say about this merits and dis-merits of this specific proposal, not some other idea that appears to have little in the way of Council support.
Why is this author, apparently well-meaning, choosing now to engage when it is time for construction approvals? Instead, in 2017, did the author publicly challenge the Council decision to sell these lands that involved a public bidding process? And will the author admit that Burnaby taxpayers will get financially hammered if Council makes a decision to collapse this land sale without first demonstrating that the development proposal itself is materially flawed.
What happens at Tuesday’s Public Hearing and subsequent Council meetings when Final development approvals will be considered are to be carefully watched, especially if you work in the City’s Legal departments and may need to deal with the fall-out of improper consideration by Council in making this land-use decision.
Fellow Burnabyites, only one question is before Council on Tuesday – does the Polygon Home’s proposal generally comply with the OCP and Zoning Bylaw? While Council must ultimately makes this decision in light of the long-term obligations to all Burnaby citizens, I strongly urge Council to support this application that will move towards completion of the highly successful Edmonds OCP.
Joe Sulmona, Burnaby