A White Rock developer says he is gathering legal opinion following a council measure that seeks to re-examine allowable building height and density on lower Johnston Road.
Lady Alexandra owner and proponent Peter Cross confirmed Tuesday that he and his team are “seeking legal advice” following action taken by the newly elected council at a special meeting last Wednesday.
Council approved resolutions to consider amending the OCP for the Lower Town Centre area (south of Thrift Avenue) to limit building heights to between four and six storeys, and proposing zoning bylaw changes to limit height and density for both the Lady Alexandra (at 1310 Johnston Rd.) and Solterra development (1350 Johnston Rd.).
Both projects were already approved by the previous council at 12 storeys and a density-determining floor area ratio of 4.8.
While Cross acknowledged he had expressed anger following the meeting, he declined further comment until legal advice is received.
“What I’ve said is what I’ve said,” Cross noted Tuesday. “But, at this point, it’s best that I receive opinion on how (Lady Alexandra) will proceed – or if it can proceed under these rules.”
Mayor Darryl Walker said after the meeting that the proposed limits, suggested by staff as a way of “hitting the pause button” on the two developments under Section 463 of the provincial Local Government Act – possible because building permits have not yet been applied for – are primarily for study purposes, and that council is not locked into the numbers.
But immediately following the meeting, Cross commented that the limits, as proposed, would necessitate a redesign of the project.
“They’re allowing us the same square footage and height of building that we would have been allowed 20 years ago,” he told Peace Arch News at that time.”It’s backward – what do you see, in any city, which is the same thing you could have done 20 or 25 years ago?”
