City council has elected to remove a controversial clause in its proposed green space bylaws.

According to a statement the city released Thursday, a clause stating only developments of more than 30 lots would be subject to a green space planning study has been dropped from one of the bylaws which will either be passed by council June 12 or go to a citywide referendum on June 22.

Bylaw 2006-10, the referendum bylaw, calls for a citywide referendum anytime the city wishes to rezone an area recognized by the city's Official Community Plan (OCP) as green space.

Bylaw 2006-11 calls for a planning study and green space map as part of the preliminary development for any new residential initiative.

According to the release, 'the 30-lot threshold has been dropped.'

The changes follow a public hearing held May 8 on Bylaw 2006-10 and comments from Mayor Ernie Bourassa Monday.

Bourassa said he'd like more clarification on the bylaws so the public would be clear on what they're expected to vote on should the matter go to referendum in June.

' ... (W)e should have very clear bylaws,' Bourassa told Monday's meeting.

At the May 8 public hearing on Bylaw 2006-10, a number of concerns were raised including:

• The bylaw does not meet the petition questions;

• There should not be a 30-lot minimum to trigger a plan;

• The bylaw should apply to development in excess of 150 lots, not 30;

• The bylaw should not apply to private developers;

• The City of Whitehorse should carry out planning studies;

• The planning study should protect trails and green space areas, not just identify them;

• Green spaces should be protected permanently;

• The bylaw should recognize the ecological significance of the area;

• The bylaw does not address the Kwanlin Dun First Nation (KDFN) interests in green space.

According to council documents, Bylaw 2006-10 'has been reviewed by the city solicitor to ensure compliance with the Municipal Act.'

Planning manager Lesley Cabbot told council that requiring private developers to come up with a green space plan was consistent with current city policies.

'The City of Whitehorse, as in other jurisdictions, requires that the developer pay for the cost of development and that development must meet city standards,' Cabott said.

'A planning study would be a cost of development. As with other services, the city may provide the service but would need to charge that back to the developer,' she said.

Cabott also said current policies did not allow the city to protect green space indefinitely but that Bylaw 2006-10, if passed, would adequately address residents' desires to have green space protection.

'There is no mechanism for land designations in perpetuity,' she said.

If the bylaw passes, Cabott said, it would be residents through a referendum, not city council, which would permit the rezoning of green space.

First nations' concerns, according to council documents, have been taken into consideration and future meetings between the KDFN and the city could occur if necessary.