The Fairfield Plan is in draft form, here is the latest version (.pdf)
So I guess it comes down to whether you believe 1720 Fairfield is close enough to be considered part of the Fairfield Plaza urban centre.
I just can't see a judge looking at these documents and saying a three storey building is explicitly forbidden.
The spirit of both the OCP and Plan hinge on preserving SFD neighbourhoods by densifying urban hubs. A border case like this has a lot of room for interpretation and I don't understand how a court can resolve it.
I suspect his argument will be the Fairfield plan is irrelevant as 1720 Fairfield road is located well into the Gonzales neighbourhood. The original plan was to have a combined neighbourhood plan for Fairfield/Gonzales. But the Gonzales residents were so rabid about absolutely no change, that the City caved and split Gonzales off from Fairfield with the intention of developing a separate plan for that area which they have not made any progress on.
As for the OCP allowing up to 3 storeys on secondary arterial roads this is true but Fairfield is a secondary collector road, not a secondary arterial road so that argument for 3 storeys may be difficult.
Having said all that, Council has the authority to amend the OCP & exercise that authority fairly regularly, so I would bet the lawsuit will fail.
Guess I should have read all the posts before commenting, PPPdev already spotted that the site is in Gonzales!
Edited by IPH, 09 October 2019 - 01:05 PM.