While a first application for a gravel quarry at McLean Lake did not succeed, the owners of Territorial Contracting are now try, trying again.

City council heard a new application at Monday evening's standing committee meeting to rezone four hectares of land on McLean Lake Road to develop a concrete batch plant.

'The application area is designated Natural Resource Extraction in the OCP (Official Community Plan),' said city planner Mike Gau, reading from a prepared statement.

'This designation allows for the extraction, crushing and hauling of gravel or minerals.'

This is not the first time city council has heard an application from Territorial Contracting.

The company, represented by owner Ron Newsome, originally applied for a 14-hectare piece of land to use as a gravel quarry and concrete batch plant.

Last Feb. 12, the city gave this application a third reading, passing it.

The bylaw was subsequently debated by the McLean Lake Residents' Association in April, on the grounds the proposed development did not conform with OCP guidelines for a full hydrological and hydrogeological study.

The OCP provides guidelines for how city land is to be used in accordance with residents' wishes, city growth, and resource availability.

In August, Yukon Supreme Court Justice Ron Veale agreed with the residents' association, ruling the rezoning bylaw invalid on the grounds it contravened the OCP.

Territorial Contracting is now pressing forward with a whole new bylaw approval process, this time for less land, and leaving out the gravel extraction aspect, negating the need for any hydrological or hydrogeological studies.

Section 8.2.1 of the OCP says, 'The purpose of this designation is to allow resource extraction and related activities away from existing and future residential neighbourhoods.'

City councillors at the meeting pointed out that this section's wording is vague, and may leave room for a judge to interpret the clause one way and the city another.

'This policy 8.2.1, there are existing residents there and plans for future residential development,' said Coun. Dave Stockdale. 'We don't know how a judge will interpret the away from' part of this policy.'

Gau answered that there is a 300m buffer zone between the proposed development site and the neighbourhood, which would qualify the site as 'away from' the nearest neighbour, who happens to be Newsome.

This bylaw rezoning application will have to go through the bylaw process, which includes three readings by city council, a public hearing, newspaper advertisements and a report to committee. If the application goes as scheduled, it will see a third and final reading on Nov. 13.

Outside council chambers following Monday's meeting, Newsome said the downgraded application does not mean Territorial Contracting is abandoning its plans for gravel extraction.

'It's going to take some years to get set up,' he said. 'This'll allow us to get started.'

He said he will take things one step at a time, and revisit the idea of a hydrological and hydrogeological study, in accordance with Justice Veale's August ruling, at a later time.

He said the McLean Lake site is the most viable location for his work, which is now running a site on Ear Lake Road.

Skeeter Miller-Wright, an executive member of the McLean Lake Residents' Association, he said Territorial Contracting should stay away from McLean Lake.

'We are very distressed that council would consider going against what we understand to be the intent of the court ruling,' he said in an interview this morning.

He said the association will approach council to oppose the bylaw, and will pair with the Friends of McLean Lake Society to file a petition to protect the lake and the area immediately surrounding it.

Miller-Wright represented the association in the court processes relating to the original bylaw rezoning earlier this year.