Whitehorse city council could face further court action or even the involvement of the territory's Community Services minister if it rezones four hectares of land near McLean Lake for a concrete batch plant, council heard at its meeting Monday night.

Council was holding a public hearing on the proposed rezoning from future development to quarries.

Skeeter Miller-Wright argued council has ignored significant public input against the development, as well as its own Official Community Plan (OCP).

It would be ignoring a ruling by the Yukon Supreme Court by permitting the rezoning application to go ahead again, he added.

Earlier this year, Yukon Supreme Court Justice Ron Veale ruled Territorial Contracting's proposal for a gravel quarry and concrete batch plant couldn't proceed despite city approval.

The reason was the city didn't comply with the OCP requirement to have more detailed hydrological and hydrogeological assessments done before voting on the zoning change.

The court challenge was led by the McLean Lake Residents Association, with Miller-Wright acting as its representative during the court hearing.

Territorial Contracting is now applying to have the site rezoned for the batch plant only, with no plans for gravel extraction. By not having the gravel extraction as part of the operation, it is not required to have the detailed assessments, it's been argued.

Miller -Wright was among three people to speak out against the rezoning last night along with Karen Baltgailis, theYukon Conservation Society's executive director, and Bob Kuiper, who's been a long-time opponent to the development.

Baltgailis noted that while some may see the opposition as a Not-In-My-Backyard (NIMBY) argument, she noted all Whitehorse residents should be concerned.

'McLean Lake is in all of our backyards,' she said.

The lake is part of what makes Whitehorse a 'wilderness city', she argued. The development would impact the habitat of several birds and wildlife, many of which need several hectares of undisturbed land, she added.

Placing people and wildlife in such a narrow area could mean problems with bears and other issues, she said.

Many people also make use of the area for recreational purposes, Baltgailis told council.

'This is a playground and a sanctuary,' she said.

Coun. Jeanine Myhre asked her if she would favour turning the area into a park. Baltgailis replied she would, with some of the current residential properties grand-fathered in to the park.

The city was praised by Baltgailis and other delegates for the sustainability charette that's underway this week. At the same time though, council was asked to use the same kind of foresight in looking at the rezoning application.

'That process never happened (for this),' Kuiper said.

The charette is being held each day until Thursday to plan for how the city will develop over the next 50 years.

Kuiper argued good land use planning, a priority identified at the charette earlier in the day, means designing around nature.

He also pointed out that most natural areas in the city are on the east side of the Yukon River, with many residential areas not having immediate access to natural areas like McLean Lake.

While Kuiper also argued the area serves as a wilderness area, Coun. Florence Roberts noted there are many people who live near the lake.

'It's not really a wilderness area,' she argued.

As Kuiper pointed out though, many visitors comment on the wilderness there the first time they visit McLean Lake.

Mayor Bev Buckway also pointed to a letter the city received from Ed Kuiper, Bob's father, of Winnipeg.

The letter went into detail about the assessments done on the area, noting his agreement with consultants that there would be no adverse environmental consequences.

'I agree with that conclusion,' Ed wrote. 'This is just a value judgment without scientific underpinnings.

'I cannot see how any further hydrological and hydrogeological studies can reveal information that will throw more light on this issue.'

Also appearing at last night's public hearing was Access Consulting Group's Paul Inglis and Dan Cornett.

Access has been working with Territorial Contracting on its plans for the batch plant.

Inglis argued the project has already gone through a number of assessments and that the rezoning is, in fact, consistant with the OCP.

Displaying a map of the area to council, Inglis noted there are already eight quarry sites nearby.

'This is not an application for gravel extraction,' he reminded council. The court decision saw the plans change so that only the batch plant would be developed.

Operators of other quarries have agreed to supply the plant with gravel, Inglis said.

A report on the public hearing will go to council next week before council votes on the matter.