A B.C. Supreme Court judge has dismissed a petition filed by a Mount Pleasant residents’ group against a large development near the southwest corner of Kingsway and East Broadway.

According to a memo written by city solicitor Frances Connell, Justice Kenneth Affleck accepted the city’s position that “the Development Permit Board did not act outside its jurisdiction” when it approved Rize Alliance’s decision to increase the number of housing units.

“When the design was refined by Rize (at the suggestion of Council) it did result in an alteration from what was contemplated during the public hearing and the result was a building containing more dwelling units and storeys, but within the zoning parameters of maximum height and density set out in the draft CD-1 by-law approved by Council,” Connell wrote.

The number of units increased from 241 to 258 without any additional floor-space ratio in the $140-million mixed-use project after council had granted approval to Rize Alliance’s rezoning application.

Coincidentally, the court ruling came on November 25, the same day that council voted to amend the city’s zoning and development bylaw to allow the project to be built.

Prior to the vote, Green councillor Adriane Carr introduced a motion at the council meeting to defer approval until after the court ruling was issued. Only one other councillor, the NPA’s George Affleck, voted in favour of her motion.

During the debate in the council chamber, Carr asked the general manager of planning and development, Brian Jackson, if the changes meant that the project would be higher than 65.53 metres, which was the maximum permitted in the rezoning application approved by council.

“It’s exactly the same,” Jackson replied.

Affleck later asked Jackson if it was common for developers to change the number of housing units after council had approved a rezoning application. “It’s very common,” Jackson responded.

He explained that the city focuses on total density and square footage when issuing a development permit, but the applicant is free to adjust the distance between floors to increase the number of housing units. After hearing this, Affleck joined NPA councillor Elizabeth Ball and the Vision Vancouver caucus in voting to allow the project to proceed. Carr, however, said she was voting against amending the zoning and development bylaw because she felt that the vote should be delayed until after the court ruling.

Connell’s memo pointed out that the residents’ petition was “dismissed in its entirety”.

“I hope this will reassure Council in regard to the concerns expressed by Councillor Carr in Council,” she wrote.

B.C. Supreme Court officials had not posted Justice Affleck’s reasons for judgement on its website by the time the Georgia Straight went to print.