A private developer is asking the city to amend its Official Community Plan (OCP) to allow for the development of 28 single residential lots in a Porter Creek greenbelt.

The proposed development calls for 28 lots, 30 by 60 metres (100 by 200 feet) in size, in the greenbelt area behind Porter Creek Secondary School and to the east of Holly Street.

According to the developer, Daryl Novakowski, the area was zoned residential in 1962 and held that designation until it was changed in the OCP in 2002.

The land's owner, the Yukon government (YTG), is willing to give the city the land for next to nothing if the city is in turn willing it to sell it to Novakowski to develop, he told council Monday night.

'The YTG is prepared to transfer the land for $1,' he said.

The development, Novakowski informed council in a letter, would hinge on several factors. They include the YTG land transfer, the asking price-per-lot by the city and development financing.

'I'm bringing forward an application for an OCP amendment for rezoning of this area and (its purchase),' he said. 'I feel this is prime area to be developed.'

Leaving little room for interpretation on his feelings, Mayor Ernie Bourassa said he doesn't support the proposal and he believes the public wouldn't either.

'The area is zoned parks and recreation,' he said. 'You know, we have been beaten up for the last eight months for trying to do similar things.

'Do you really recommend that we get beaten up again?' Bourassa asked.

He also told Novakowski he was not in a position to ask for an OCP amendment because he didn't own the land.

'Only a property owner can make an OCP amendment request. Since you don't own the property, you can't request an OCP amendment. Otherwise, I could apply to have (a lot owned by another person) rezoned,' Bourassa said.

Wading into the discussion, Coun. Bev Buckway told Novakowski he is 'a brave man' for proposing the development. She asked whether he had been in contact with the Porter Creek Community Association about his plans, to which Novakowski said that he hand not.

'I'm willing to talk to the public about this,' Novakowski said.

Coun. Dave Stockdale said he agreed with Bourassa that there would be little public support for the proposal.

Stockdale added that when the YTG proposed building the Holy Family Elementary School in the same area in the 1990s, there was a loud public outcry. The school was relocated to its Wann Road location.

'You've either been misled, or someone there (YTG) is new and doesn't know their history,' he said.

'I'm really surprised with the YTG,' Stockdale added.

Responding to a question from Coun. Dave Austin, Robert Fendrick, the city's director of administrative services, said if a greenbelt bylaw was passed following a potential referendum this summer, the decision would be made by city residents.

'Yes ... there would have to be a plebiscite or referendum (if the bylaw was approved),' Fendrick said.

'I will hasten to add that we haven't verified the list yet,' he said.

Last week, members of the Porter Creek Community Association presented council with a referendum petition signed by 2,500 people.

If 2,000 or more signatures are found to be those of registered municipal voters, council will have to draft a greenbelt bylaw calling for an area plebiscite or referendum if there was an attempt to rezone greenspace for development.

The referendum, if it occurs, would likely be held in July, according to city officials.

In an interview this morning, YTG lands branch director Lyle Henderson said while the territorial government had a long-standing policy of transferring government land within cities to municipal governments, he didn't tell Novakowski that the government would do that.

He said the YTG generally sought the advice from the city and expected them to take the lead in these types of matters and forwarded Novakowski's request to the city in November.

In a November 4, 2005 letter from Henderson to city manager Dennis Shewfelt, Henderson explained the government's position on the transfer of the land.

Henderson's letter reads:

'As you are aware ... the area is designated Greenbelt in City of Whitehorse 2002 OCP with the accompanying zoning bylaw being Parks and Recreation.

'Within this area there is a 1963 survey plan with numerous .43 acre lots.

'We would appreciate your confirmation if City of Whitehorse is prepared to or is considering entering into public discussions related to an OCP amendment for Holly Street East for purposes other than Parks and Recreation.'

In a November 10, 2005 response to Henderson's letter, Shewfelt wrote that the city has no current plans for an OCP amendment for the area Novakowski proposes for development.

Shewfelt's letter reads:

'In response to your November 4, 2005 letter the OCP designates the Holly Street East area as Greenbelt.

'The OCP is scheduled for review in 2007. The City of Whitehorse has no plans to enter into a review prior to 2007.'