The city is denying a Riverdale resident a petition for referendum.

"Last Friday, we were presented with a request by a Riverdale resident to pursue a petition to hold a referendum on infill development proposed in Riverdale in the draft 2010 Official Community Plan (OCP),” acting city manager Rob Fendrick said Monday afternoon.

"Recent case law obligates the city to turn down the request, as it has been deemed illegal to hold referendums on municipal planning issues.”

Last August, the B.C./Yukon Court of Appeal ruled in the city's favour, finding the OCP, which acts as a guiding document in city planning, cannot be changed by a petition for referendum.

The city had challenged an earlier ruling by Yukon Supreme Court Justice Ron Veale in favour of Marianne Darragh, who had taken all the necessary steps for a city-wide referendum.

She had proposed voters be asked whether they support the protection of the area within 500 metres of the McLean Lake shore, but was challenged by the city.

The appeal court decision, city officials pointed out Monday, stated: "The adoption of an OCP is a collective process that focuses on the broadly-based interests of the community as a whole.

"It does not involve planning by individually-based interests that are more narrowly focused. In the result, I agree that the (Municipal) Act does not permit the city to amend the OCP by a petition for referendum.”

Fendrick would not say who submitted the question for a referendum on the Riverdale situation, except that the person is a resident of the neighbourhood. It is up to the individual to come forward if he or she chooses, he added.

As Fendrick explained, the proponent for the referendum was still in the very early stages where the question is first cleared with the city before the proponent begins collecting the required signatures to hold the referendum.

"It was a preliminary document,” he said.

The question that would have been put to voters, had it gone ahead, was: "Should infill development proceed on public land in Riverdale, as per the potential residential infill areas identified in the City of Whitehorse draft 2010 Official Community Plan?”

One of the bigger controversies during the consultation for the proposed revised OCP was the suggestion for infill between Boswell Street and Firth Road.

A number of residents wrote letters and spoke about their opposition to the plan to permit homes to potentially be built in what is currently zoned as recreational space and heavily used by pedestrians and as a spot to feed birds, squirrels and other wildlife.

The OCP identifies potential sites for infill development. City planners also pointed out, however, that there would have to be a zoning amendment and/or other processes before it could go ahead.

City officials received the question last Friday, but held onto it over the weekend, waiting for word from their legal counsel. Lawyers confirmed the question couldn't go ahead based on the previous court ruling.

A letter was then delivered Monday to the proponent explaining why the petition for referendum was turned down.

Fendrick said there was no immediate indication as to how the resident plans to proceed. The resident simply received the letter and said thank-you, he said.

Questioned whether there was any way the resident could re-word what he or she is asking so it could go to referendum, Fendrick responded: "I don't think so,” adding that in any case, it would be a planning question which cannot be put to referendum.

Rather, he said, the way to make residents' views known is through the public hearing set for June 28 at council's 7:30 p.m. meeting at city hall.

By passing first reading of the bylaw for the revised OCP late last month, council moved forward to host the public hearing which is required before second reading.

After the public hearing, a report and possibly further changes to the OCP could come forward before second reading is voted on.

Between second and third readings, a ministerial review at the territorial level will be required. Once that's granted, council will vote on third reading.

The OCP is adopted once it passes third reading, which is expected in September.

In the meantime, the city is continuing to operate under its current OCP, adopted in 2002.