Vancouver City Council
DEVELOPMENT AND BUILDING
Date: June 9, 2003
RTS No. 03430
CC File No. 5305
Meeting Date: June 24, 2003
Vancouver City Council
Director of Current Planning, in consultation with the Director of City Plans
CD-1 Rezoning - 1402-1436 Kingsway and 4050 Knight Street
A. THAT the application by Rositch Hemphill and Associates Architects, to rezone 1402-1436 Kingsway and 4050 Knight Street (Lots 1-4, Blk 1 & 3, DL 352, Plan LMP45824 and Lot B, Blk 1 & 3, DL 352, Plan LMP45560) from C-2 (Commercial District) to CD-1 (Comprehensive Development), to permit a mixed use development, be referred to a Public Hearing, subject to prior confirmation from Vancouver Public Library Board that the branch library proposal is acceptable, and together with:
(i) plans received December 20, 2002;
(ii) draft CD-1 By-law provisions, generally as contained in Appendix A; and
(iii) the recommendation of the Director of Current Planning to approve, subject to conditions contained in Appendix B.
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law, generally in accordance with Appendix A, for consideration at Public Hearing, including a consequential amendment to the Sign By-law to establish regulations for this CD-1 in accordance with Schedule "B" (C-2).
B. THAT, subject to approval of the rezoning at a Public Hearing, the Noise Control By-law be amended to include this CD District in Schedule "A";
FURTHER THAT the Director of Legal Services be instructed to bring forward the amendment to the Noise Control By-law at the time of enactment of the CD By-law.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
Relevant Council Policies for this site include:
· Kensington Cedar Cottage (KCC) Community Vision, adopted by Council in July 1998, which contains directions to:
- improve Kingsway near Knight Street as the neighbourhood's major shopping area;
- ensure the redevelopment of the former Safeway site as an important opportunity to contribute to the shopping area directions; and
- replace the current Kensington Branch Library with a larger branch, ideally on this site.
· Interim City-wide Community Amenity Contribution (CAC) Policy, approved by Council in January 28, 1999, which applies to all private rezoning applications received as of December 8, 1998, and provides funds for additional community amenities needed for new residents.
· CityPlan, approved by Council in June 1995, which provides for the development and reinforcing of neighbourhood centres, a diverse economy and jobs close to home.
· Public Art Program, approved by Council in October 1990, and Public Art Policies and Guidelines, approved by Council in June and November 1994, which apply to rezonings with a floor area of 15 000 m² (161,463 sq. ft.) or greater.
PURPOSE AND SUMMARY
This report assesses an application to rezone the site shown on the map on page 3 from C-2 Commercial District to CD-1 Comprehensive Development District. The application proposes a mixed use development which would include:
· 330 market (rental and possibly some strata) dwelling units (including 10 townhouse dwellings) in two residential towers and low to mid-rise base buildings;
· 10 624 m² (114,360 sq. ft.) of commercial floor area including space for a grocery store and at least one other anchor tenant; and
· a 690.8 m² (7,436 sq. ft.) Neighbourhood Branch Library - rent free for ten years.
Over the past ten years, this former Safeway site has been the subject of a number of development proposals, none of which have proceeded due to difficulties associated with developing the site under its existing C-2 zoning. In 2002, Council approved a staff-initiated rezoning of the site to CD-1 to lock in the existing form of development (the former Safeway building) until an appropriate redevelopment concept is proposed as a rezoning. At the property owner's request, Council accepted as a temporary alternative - a "no development covenant" that prevents new development on the site, instead of enacting the approved rezoning.
This site falls within the KCC community whose Community Vision identifies this site as a very important part of the main shopping area. Vision Directions provide the framework for the proposed rezoning. The site is included in the first Neighbourhood Centres Delivery Program which is implementing improvements to the shopping area as well as new housing around it.
Staff consider this rezoning proposal a good response to the KCC Community Vision and one that will make a significant contribution to the success of this neighbourhood centre. Public response to the proposal has also been very supportive. The density and form of development in the rezoning application is somewhat larger than staff support and therefore a reduced floor space ratio (FSR) and design development conditions are recommended.
Staff recommend that the application be referred to a Public Hearing and be approved subject to conditions, with the further recommendation that the Public Hearing not be held until the Vancouver Public Library Board has confirmed that the Neighbourhood Branch Library included in the proposal is acceptable. Staff and public support for this application is tied to securing a replacement facility for the Kensington Branch Library. It appears as if the developer's proposal of rent free space for ten years will be acceptable to the Vancouver Public Library Board, but if it is not, then staff recommend that this application should not proceed to a Public Hearing and staff will report back to Council.
Background: Most of the site was a former Safeway grocery store and parking lot. When Safeway vacated and sold the property in 1993, they placed a restrictive covenant on the site until 2013 which forbids use of the property for a supermarket or grocery store of more than 325 m² (3,500 sq. ft.) or a drugstore of more than 557 m² (6,000 sq. ft.). Currently a flea market operates out of the old Safeway building.
During the last 10 years, there have been a number of development proposals for the site under the C-2 zoning, including a residential project, a shopping mall and a regional church. When none of these proceeded, it was evident that C-2 presented difficulties for development of a site of this unusual size and shape. C-2 also permits "outright" some uses and densities that would conflict with the KCC Community Vision. In early 2002, staff initiated a rezoning to CD-1 as a measure to control future development. Council approved the rezoning in principle but did not enact it. At the property owner's request and as an interim measure, Council approved a "no development covenant" that prevents new development on the site without a rezoning.
The site falls within the Kensington Cedar Cottage (KCC) community which prepared a Community Vision (adopted by City Council in 1998) that identifies this site as a very important part of a future neighbourhood centre and potential branch library location. The KCC Community Vision includes a number of Directions which have helped provide the framework for considering the rezoning proposal. (See Appendix C)
This neighbourhood centre is currently being implemented as the pilot project of the Neighbourhood Centres Delivery Program (NCDP) which is moving forward with Vision Directions for improving the key shopping area and introducing new housing types. When Council approved this Program last year, it acknowledged that rezoning and redevelopment of this significant site could proceed while the NCDP was underway.
Use: The mixed use development would include residential and commercial (retail, office and service) uses and a branch library. Approximately 330 dwelling units are proposed. Ten units would be located in townhouses at the southeast end of the site. The remainder of the units would be in the 3rd to 7th floors of the mid-rise portions of the development and in two high-rise towers. At this point the mix of unit types (studio, one-bedroom, etc.) has not been determined.
The ground, second and a small portion of the third floors would be used primarily for retail, office and some service uses (i.e., restaurant, dry cleaners, etc.). Space has been designed at the corner of Knight Street and King Edward Avenue for two major anchor retail stores, and the developer would like to include a grocery store in one of these spaces when the restrictive covenant expires, if not sooner. The development also includes space for a 690 m² (7,436 sq. ft.) Neighbourhood Branch Library which would allow relocation of the Kensington Branch Library presently in a small storefront on the west side of Knight Street.
Staff support the increase in residential uses which will contribute to the vitality of this emerging neighbourhood centre. The remainder of the proposed uses conform to the types of uses normally permitted in a commercial area. Staff support this broad range of uses, but propose that uses which have no pedestrian interest be prohibited from locating along the grade level frontages of Kingsway and Knight Street. Staff also propose external design regulations to ensure that the grade level is designed to offer pedestrian interest.
Density and Form of Development: The current C-2 zoning which runs along Kingsway permits a maximum floor space ratio (FSR) of 3.0 and a height of 12.2 m (40 ft.). This FSR can be achieved with all-commercial development, but for mixed use developments including residential, the maximum density achieved is usually less.
The application proposes a maximum density of 4.11 FSR, with 1.09 in commercial uses and 3.02 in residential uses. The project includes low-rise, mid-rise and high-rise building forms. Height of the 7-8 storey mid-rise portion is about 21.0 m (70 ft.), and the towers are about 51.0 m (168 ft.) for the north tower and 38.0 m (125 ft.) for the south tower. The plans are shown in Appendix D. Livability is addressed through the tower forms, amenities and project configuration.
Although staff support the general configuration of the development which responds well to the site's unusual and challenging shape and includes public open space in the centre of the project, we have concerns about:
· ensuring potential phasing for the project;
· the proposal's overall "mega-project" appearance;
· the success of the lane environment for pedestrians; and
· the scale and character of the distinct project components.
To address these concerns, we recommend a reduced maximum density of 3.80 FSR. Staff also propose the following three areas for urban design refinement which are embodied in the design development conditions (Appendix B) which would apply at the development permit stage of the process. Normally, staff would work with the applicant during the rezoning process to revise the form of development before the application is referred to Public Hearing. However, in response to the need to meet a key purchase agreement deadline, the strong community desire for the project to proceed, and the relatively minor nature of the design changes, staff support deferring revisions to the form of development until the development permit stage.
(i) Ensure phasability of the project and avoid a "mega-project" appearance.
Due to the scale of this project which includes over 300 dwelling units and more than 10 000 m² of commercial space, it will likely be necessary for the developer to proceed with a phased project. The current proposal has been connected with multi-level bridging sections between each component tending to give it a mega-project appearance. It also has underground parking that is shared across the entire site. Staff do not consider the current proposal conducive to phased development. Therefore, we recommend that some bridging be eliminated, that three or four distinct project components be expressed, and that parking generally be positioned within the separate components.
(ii) Create a usable and functional lane environment.
The site is bisected by a lane that runs from Knight Street to King Edward Avenue. There are commercial properties along Kingsway that will continue to be served by this lane following redevelopment of this site. The proposal uses the lane for access and circulation and creates a lane-oriented commercial "mews" along the west end and a residential mews to the east. The commercial mews is linked to internalized public open space which would offer a sunny, neighbourhood destination away from the noise of Knight Street. Vehicular access to the site is also proposed from Kingsway and from a second entry along King Edward Avenue.
Staff appreciate the requirement for vehicular access and utilities but want to ensure better organization of the traffic, loading, and pedestrian routes (such as creating distinct traffic, loading and pedestrian zones, and adjusting access points accordingly). Staff also want to ensure that the "mews" and related plaza become an attractive and usable physical environment. This could be achieved by providing landscape buffers and locating the plaza for optimal solar exposure.
(iii) Reduce the apparent scale of distinct project components.
The lower density recommended by staff will help reduce the scale of the development. The tower at the corner of Kingsway and Knight Street has floorplates of about 635 m² (6,825 sq. ft.) that significantly exceed the maximum floorplates permitted for residential towers in downtown locations (e.g., Downtown South would limit floor plates to about 510 m² [5,500 sq. ft.]). Staff recommend a reduced tower floorplate size to help reduce the visual bulk.
Other changes recommended by staff to reduce the scale of development include:
- lowering the height of the streetwall components to 4-6 storeys with penthouse;
- relocating the south tower to the east end of the lane to better separate the higher building forms; and
- introducing varying approaches to the architectural expression of the distinct components within a general overall framework.
Parking, Access and Circulation: The proposal includes 879 underground parking spaces of which 464 are for the commercial uses and 415 are for the residents. Staff recommend that parking, loading, bicycle and passenger spaces be provided in accordance with the Parking By-law, except that the minimum residential parking requirements be based on the reduced standard commonly used for recent rezonings for market multiple residences on the east side of the city, and that provisions be made for residential loading. The recommended parking would require fewer spaces than are proposed but would still result in sufficient parking to serve the site and its neighbouring shopping area and would be consistent with the KCC Vision Direction that parking in shopping areas be retained or replaced when there is redevelopment.
Access to the development's parking and loading areas are proposed from each of the three adjacent streets (Kingsway, Knight Street and King Edward Avenue). Staff recognize the need for a number of access points to a project of this scale. However, there are concerns about the location and width of some entries, and how they will interact with the traffic along the adjacent streets. To address these concerns, staff recommend that the Kingsway vehicular access be relocated to the east end of the site, further away from the Kingsway and Knight Street intersection and bus stop. A pedestrian access from Kingsway should remain where now proposed. Slight relocation to the west of the King Edward Avenue access is also recommended to facilitate phasing by balancing the parcel sizes, and to create a better alignment for a more efficient loading and access precinct. Staff also recommend dedication of land for "corner cuts" at the entry to the lane at Knight Street and at King Edward Avenue to enable deliveries by the larger trucks anticipated for this development.
Staff are also interested in resolving the on-site circulation which currently has car and trucktraffic travelling through the central portion of the site which is intended to provide a pedestrian environment and public open space. Staff recommend that functionality of vehicle and pedestrian precincts be refined and that access to underground parking be moved away from the central public open space.
Project's Response to KCC Community Vision: The KCC Vision includes a number of Directions that are relevant to this site, and to a large extent the proposal responds to the Vision Directions. Appendix C lists the applicable Vision Directions and indicates how the project addresses each item.
Community Amenity Contribution [CAC]: On January 28, 1999, Council approved an Interim City-wide CAC Policy which applies to private rezoning applications. CACs provide funds for the additional community amenities needed for new residents and are based on the net increase in permitted density on a site.
This rezoning application is subject to a flat rate CAC because the site is less than 4.05 ha (10 ac.) The CAC would be charged on the net increase in allowed floor area at a rate of $32.29 per m² ($3.00 per sq. ft.). At an FSR of 3.80, the net floor area increase would be 7 783.47 m² (83,783 sq. ft.) which would equate to a CAC of $251,328.24.
The KCC Community Vision identifies this site as a highly desirable location for a replacement branch library, and the developer has included space for a new Kensington Branch Library in this development. The community has identified this amenity as a significant public benefit of this project. The developer has offered to provide the library with rent-free space for a period of ten years and then continue providing the space with renewable options (4 times at 5 years each) at market rents. The developer has also agreed to finish the space to the library's specification, with the library repaying the improvement costs over the initial ten-year period.
The Vancouver Public Library Board has not yet decided whether the developer's proposal is acceptable. (A decision is anticipated at the VPL Board meeting on June 25th.) Because inclusion of the library has been identified as an important community objective, staff recommend that the Public Hearing for this application not occur until the VPL Board has concluded that the proposal is acceptable. If the VPL Board considers the proposal acceptable, then staff recommend that the CAC be waived in exchange for the rent-free space which is valued at approximately $1.2 m which far exceeds the CAC requirement. If the VPL Board does not consider the proposal acceptable, then staff recommend that the application should not proceed to a Public Hearing and would report back to Council.
Community Response: Both residents and the business community are very supportive of the proposed rezoning as determined from meetings and surveys both before and after submission of the rezoning application. (See Appendix C - Public Input)
Staff support this rezoning application for a mixed use development on a significant site in the KCC community. Overall, the proposal responds well to the KCC Community Vision and will make an important contribution to the success of the Kingsway and Knight Neighbourhood Centre. Staff recommend somewhat less density than the application proposes, with design development conditions to reduce the scale of the project and avoid a "mega-project" appearance.
The Director of Current Planning recommends that the application be referred to Public Hearing and approved, subject to conditions if the branch library proposal is acceptable to the VPL Board. If the proposal is not acceptable to the VPL Board then referral to Public Hearing is not recommended and staff would report back to Council.
- - - - -
DRAFT CD-1 BY-LAW PROVISIONS
Note: A by-law will be prepared generally in accordance with the provisions listed below, subject to change and refinement prior to posting.
· Multiple Dwelling.
· Dwellings units in conjunction with any of the uses listed in this by-law.
· Residential Unit with Artist Studio.
· Cultural and Recreational Uses but not including Arcade, Bingo Hall, Casino, Golf Course or Driving Range, Marina, Park or Playground, Riding Ring, Stadium or Arena, and Zoo or Botanical Garden.
· Institutional Uses but not including Ambulance Station, Detoxification Centre, and Hospital.
· Manufacturing Uses limited to Jewellery Manufacturing and Printing or Publishing.
· Office Uses.
· Retail Uses limited to Furniture or Appliance Store, Grocery or Drug Store, Liquor Store, Retail Store, and Secondhand Store.
· Service Uses but not including Body-rub Parlour, Drive-through Service, Funeral Home, Laboratory, Laundry or Cleaning Plant, Motor Vehicle Repair Shop, Motor Vehicle Wash, Production or Rehearsal Studio, Repair Shop - Class A, Restaurant - Drive-in, and Work Shop.
· Utility and Communication Uses limited to Public Utility and Radiocommunication Station.
· Wholesale Uses limited to Wholesaling - Class A and Wholesaling - Class B.
· Accessory Uses.
· Interim Parking Use.
Conditions of Use
· The following uses are not permitted at grade on the Kingsway or Knight Street frontage, except for entranceways: Bowling Alley, Fitness Centre, Hall, Rink, Swimming Pool, Club, Dwelling Uses, School - Elementary or Secondary, School - University or College, Special Needs Residential Facility, General Office except for insurance, travel agency or real estate office, Auction Hall, Bed and Breakfast Accommodation, Cabaret, School - Arts or Self-Improvement, School - Business, School - Vocational or Trade.
· Maximum floor space ratio of 3.80, based on calculation provisions of the C-2 District Schedule.
· A maximum of 51.0 m (168 ft.) or 16 storeys.
· Height exclusion for mechanical appurtenances such as elevator machine rooms.
Parking, Loading, Bicycle and Passenger Spaces
Parking, loading, bicycle and passenger spaces are to be provided and maintained as per the Vancouver Parking By-law except that:
· For multiple-residential use where dwelling units are less than 80 m² GFA in size, a minimum of one parking space per 70 m² GFA shall be provided; and, for dwelling units equal to or greater than 80 m² GFA in size, a minimum of 0.85 parking space shall be provided for every dwelling unit and one additional space for each 250 m² of Gross Floor Area except that no more than 2.0 parking spaces for every dwelling unit need be provided.
· Residential Loading is to be provided as follows:
- Less than or equal to 99 dwelling units, no requirement
- 100-299 dwelling units, a minimum of 1 Class B loading space is required
- 300 or more dwelling units, a minimum of 2 Class B loading spaces are required.
· Where more than one commercial Class B loading space is required, the Class B loading spaces including necessary access and manoeuvring aisles shall be of a minimum 3.8 metre unobstructed vertical clearance.
The exemption and relaxation provisions of the Parking By-Law shall be available.
· Per C-2 District Schedule for dwelling units.
· Grade-level uses fronting on to Kingsway and Knight Street must provide any one or a combination of display windows, individualized tenancy unit design, building articulation, pedestrian entrance definition via a recess or projecting canopy or any other architectural features which facilitate pedestrian interest.
· Direct pedestrian access at the fronting street (Kingsway and Knight Street) must be provided at or near grade level to each individual commercial occupancy which abuts those fronting streets.
· Dwelling uses must have a pedestrian access separate from access to other uses.
PROPOSED CONDITIONS OF APPROVAL
Note: Recommended approval conditions will be prepared generally in accordance with the draft conditions listed below, subject to change and refinement prior to finalization of the agenda for the Public Hearing.
(a) That the proposed form of development be approved by Council in principle, generally as prepared by Rositch Hemphill and Associates Architects, and stamped "Received City Planning Department", December 20, 2002, provided that the Director of Planning may allow alterations to this form of development when approving the detailed scheme of development as outlined in (b) below.
(b) That, prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following:
(i) Design development to improve the visual scale of the overall development by:
(1) reducing the typical floorplate sizes, while internalising balconies, for the North Block West residential tower to approximately 560 m² (6,000 sq. ft.);
(2) expressing the North Block West residential tower down to grade at the corner;
(3) re-distributing massing, and refining related articulation, associated with distinct lower street fronting forms to achieve a pre-dominant 4-6 storey plus penthouse streetwall expression fronting Kingsway and Knight Street, and a 3-5 storey plus penthouse streetwall expression fronting King Edward Avenue, recognizing higher floor to floor heights for all commercial tenancies;
(4) reducing the typical floorplate size for the South Block East residential tower to approximately 465 m² (5,000 sq. ft.);
(5) relocating South Block East tower to east of the King Edward access and expressing the tower down to grade at the King Edward Avenue and lane corner;
(6) reducing the width and height of bridged openings into the centralised "Mews";
(7) clarifying phasing/ownership strategy and related opportunities for varying architectural expression to distinguish phases.
(ii) Design development to improve the usability, and utility, of the centralised "Mews", and related lane environment, by:
(1) utilising the current lane alignment and the Knight Street and King Edward Avenue crossing locations;
(2) relocating of the Kingsway crossing to underground parking at the easterly edge of the site for future shared access with the adjacent property;
(3) providing public open space north of the lane and adjacent to the North Block West residential tower;
(4) introducing pedestrian only access from the Kingsway frontage to the "Mews";
(5) relocating the new King Edward Avenue crossing further west (to allow (i) (5) above);
(6) creating a clearly distinguished zone for parking access, loading requirements and utilities that maximises manoeuvring requirements (including opportunities to overlap turning), screens this activity from the "Mews" to the west, and is safer for vehicles and pedestrians;
(7) creating opportunities for ground-oriented housing, and improved public realm, for proposed and future lane-fronting development at the easterly end;
(8) including limited parking and passenger drop-off opportunities where possible along the lane;
(9) providing a landscape plan that confirms general design intent for ground surface treatment(s), landscaping, benches and lighting to achieve a high quality lane/"Mews" environment as well as for related street frontages.
(iii) Introduction of ground-oriented housing opportunities, and related landscape treatment, into the lane environment east of the central parking access, loading and utility area.
(iv) Design development to private and semi-private open space to:
- integrate open space into the development;
- meet recreational needs of the residents, including families; and
- improve the visual quality of rooftop areas.
(v) Provision of various wall sections that
- confirm design intent for the public realm, including design related landscape, setbacks, entries, weather protection, display, lighting and related signage systems; and
- ensure pedestrian comfort, interest and storefront quality while accommodating a variety of potential tenancies and users.
(vi) Design development to provide adequate sidewalk widths for these highly used pedestrian corridors and the increased pedestrian volumes that this development is expected to generate.
(vii) Design development to the library component to ensure visible entry location. A prominent lane oriented entry, and related drop-off zone, should be considered to contribute to pedestrian activity, visual interest and safety of the "Mews" environment.
(viii) Provision of a landscape amenity at the King Edward Avenue and lane corner in consultation with Planning, Landscape and Engineering staff.
(ix) Provision of a safety and security plan that addresses recommended design changes, with an emphasis on safety and security of underground parking areas and the "Mews" environment.
(x) Confirmation of elevator override requirements, and related enclosure design, to minimise height while attractively integrating into the related building form for both towers and streetwall oriented buildings.
(xi) Design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design), having particularregard for:
- providing secure separation between residential and commercial uses,
- separating the residential parking for north and south blocks,
- reducing opportunities for graffiti and skateboarding, and
- reducing opportunities for mischief in alcoves.
(xii) Design development to provide the fire department access to all above and below grade levels from within the lobby area of the principal entrance;
(xiii) Provision of details of all proposed roof garden planting and of landscaping, paving, urban furniture and light fixtures as per notation on architectural drawing A3.0.1;
(xiv) Illustration of all existing trees 20 cm caliper or greater located on the development site, all existing neighbouring trees 20 cm caliper or greater located within 2.0 m of the property line and all existing street trees located adjacent to the development site;
(xvi) Design development to provide interesting and detailed plaza designs for the entry plazas located at the corners of Knight Street and King Edward and the corner of Kingsway and Knight Street;
(xvii) Continuation of special lane paving behind the "three storey townhouses" in order to connect up with the special paving at the "Corner Park";
(xviii) Provision of street trees adjacent the site where space permits; and
(xix) Provision of loading facilities, access and manoeuvring sufficient to service oversized delivery vehicles i.e., for which a Class B loading space is inadequate, to the satisfaction of the General Manager of Engineering Services.
(c) That, prior to enactment of the CD-1 By-law, the registered owner shall at no cost to the City:
(i) Make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for subdivision of the development site in accordance with the proposed development plans, and including:
(1) consolidation of Lots 1-4, Blocks 1 & 3, D.L. 352, Plan LMP 45824;
(2) dedication of a portion of Lot B, Block 1 & 3, D.L. 352, Plan LMP 45560 shown on statutory right of way Plan LMP 38953 for road (2 parts);
[Note to applicant: Correct the plans to reflect the existing corner cut at the northwest corner of Lot 1.]
(3) dedication of a portion of Lot B for lane purposes. A minimum of 2.0 m on Knight Street by 6.0 m along the south side of the lane and a further dedication at the easterly "point" of the site (where the lane meets King Edward).
[Note to applicant: Deletion of portions of the underground parking structure located within the west part of the statutory right of way Plan 38953 on Lot B and all of the proposed dedication areas. The dedication requirement at the easterly point of the site can only be determined when the King Edward Avenue street design is finalized and the lane configuration is fully developed (lengths of 6.5 m to 7.5 m are estimated for the dedication).]
(ii) Enter into an agreement to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services, to provide for on-site and off-site services, including, but not limited to the following off-site services:
(1) street and traffic signal improvements to existing infrastructure within 150 m approaching the intersections of Knight and Kingsway, Knight and King Edward, and Kingsway and King Edward, and any other street or lane lying within the area bounded by Kingsway, Knight Street and King Edward Avenue, within five years of occupancy of the final phase of the development, subject to Council approval.
[Note to applicant: Where works attendant to a future and separate development within the above described area are required, these shall not be the obligation of this applicant.]
(iii) Obtain and submit to the City copies of all soils studies and the consequential Remediation Plan, approved by the Ministry of Environment. Enter into or cause to be entered into agreementssatisfactory to the Director of Legal Services, providing for the remediation of any contaminated soils on the site in accordance with a Remediation Plan approved by the Ministry of Environment and acceptable to the City, providing security satisfactory to the Director of Legal Services for the completion of remediation and indemnifying the City and the Approving Officer against any liability or costs which may be incurred as a result of the presence of contaminated soils on the site;
(iv) Execute an Indemnity Agreement, satisfactory to the Director of Legal Services, providing for security to the satisfaction of the Director of Legal Services, protecting the City and the Approving Officer from all liability or damages arising out of or related to the presence of contaminated soils on the lands comprising the subject site, howsoever occurring, arising during the period commencing immediately following the Public Hearing until such time as the Ministry of Environment issues an approval, in a form satisfactory to the Director of Legal Services and the General Manager of Engineering Services, certifying that the subject site, including all roads, utility corridors and open spaces contained therein, have been remediated to Provincial Standards as defined in such approval;
(v) Shall, as required by the General Manager of Engineering Services and the City's Director of Legal Services in their discretion, do all things and/or enter into such agreements deemed necessary to fulfill the requirements of Section 571(B) of the Vancouver Charter;
(vi) Make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for all new BC Hydro and Telus services to be undergrounded from the closest existing suitable service point including a review of the impact of the new site servicing to determine its effect on the neighbourhood;
(vii) Make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for clarification of all charges registered in the Land Title Office against title to the lands (a charge summary, including copies of all charges, must be provided) and the modification, extension or release of any charges deemed necessary by the Director of Legal Services.
(viii) Execute an agreement, satisfactory to the Directors of Legal Services and the Office of Cultural Affairs for the provision of public art in accordance with the City's Public Art Policy, such agreement to provide for security in a form and amount satisfactory to the aforesaid officials; and provide a preliminary public art plan to the satisfaction of the Director of CulturalAffairs setting out the proposed public art program aims, artist terms of reference, site and artists selection methods, project budget, implementation plan and a schedule;
(ix) Execute legal agreements satisfactory to the Director of Legal Services, the Manager of Real Estate Services and the Vancouver Public Library Board for the provision of a Neighbourhood Branch Library to:
· provide a minimum floor area of 690 m² (7,436 sq. ft.);
· provide the premises to the Vancouver Public Library on a "turn-key" basis in accordance with the Library's specifications for a Neighbourhood Branch Library to the satisfaction of the Vancouver Public Library Board and the Manager of Real Estate Services with improvement costs incurred by the developer to be repaid by Vancouver Public Library over the initial 10-year period following the opening of the Neighbourhood Branch Library for general use by the public; and
· lease the space to the City for a term of up to 10 years at no cost to the City, with four 5-year options to renew, with the rent during the option periods to reflect market rents.
Where the Director of Legal Services deems appropriate, the preceding agreements are to be drawn, not only as personal covenants of the property owner, but also as Covenants pursuant to Section 219 of the Land Title Act.
Such agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances effecting the subject site, as is considered advisable by the Director of Legal Services, and otherwise to the satisfaction of the Director of Legal Services prior to enactment of the by-law; provided, however, the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law
The preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of legal Services.
The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.
Site, Surrounding Zoning and Development The site is comprised of five parcels with a total area of 9 729.34 m² (104,729 sq. ft.) and has frontages of 95.87 m (315 ft.) along Kingsway, 120.9 m (397 ft.) along Knight Street and 121.15 m (397 ft.) along King Edward Avenue. The site is presently zoned C-2 and occupied by a former Safeway store that is operating as a fleamarket, two smaller commercial buildings and a large parking area. There is currently a "no development covenant" on the site, pending approval of an appropriate CD-1 rezoning.
Property to the east, north and west is also zoned C-2 and developed primarily with smaller one or two storey commercial buildings. South of the site is zoned RS-1S and most of the properties fronting on King Edward Avenue are developed with one-family dwellings. Midway along the south block of King Edward Avenue is pedestrian access to Kingcrest Park.
Proposed Development The proposed project is a mixed use development including two levels of commercial uses (retail, office, service) and a library, plus multi-storey residential above in a mix of low-rise (3-storey), mid-rise (7-8 storeys) and high-rise (a 16-storey tower and a 12-storey tower) forms. The development includes space for two retail anchor stores of about 2 300 m² (25,000 sq. ft.) each, with one intended as a future grocery store. The central portion of the site includes "mews" and public open plaza areas to provide an attractive destination for local residents. Significant planting is also proposed to enhance the environment and the pedestrian experience.
Public Input Prior to submitting a rezoning application, the applicant undertook a public process that included several meetings with the Kensington Cedar Cottage CityPlan Committee and the Cedar Cottage Business Group, both of whom supported the project. A public meeting was also held in December 2002 and over 75 people attended. Attendees were asked to complete a survey about the proposal: 96% of the 52 respondents supported redevelopment, and 96% supported the uses. With respect to building height, 75% supported the towers, 12% were neutral and 16% did not support.
After the application was received, a notification letter was sent to over 800 nearby property owners on January 28, 2003 and two rezoning information signs were posted on the site on January 29, 2003. Six phone calls were received from local residents and businesses and three people came to City Hall to view plans. Six letters and emails were received, of which two expressed concern about the density and height of development being proposed. On April 10, 2003, the applicant also attended the annual general meeting of the KCC CityPlan Committee to present the project to over 90 community residents.
Overall the response has been very positive because community members see the project as improving the site, helping the local commercial area, responding well to the Community Vision and providing a new home for the Kensington Branch Library.
Project's Response to KCC Community Vision The following list presents the Vision Directions (in italics) that apply to this site and indicates how the project addresses each item.
Site Specific Rezonings
As with some others topics, the KCC Vision process did not generate a direction concerning a possible site-specific rezoning for this site from C-2 to another form of development. To address these situations, the Vision notes "For . . . topics not included in the Vision directions, the City will still need to consult before major changes are made in the community."
This is the approach that has been taken with this proposal.
Kensington Library should be replaced with a somewhat larger facility, with longer hours.
The proposal includes an increase in space for a Neighbourhood Branch Library from the current 145.4 m² (1,565 sq. ft.) to 690.8 m² (7,436 sq. ft.). The proposed space is significantly larger than the existing facility and will offer a vastly improved service for KCC residents. It has been offered to the Vancouver Public Library (VPL) as rent-free space for ten years. The VPL Board is expected to consider the offer on June 25, 2003. Council should note that an additional $200,000 plus the negotiated fit-up costs (total of approximately $340,000) will need to be allocated for the new Branch to open in approximately two years.
5.1 Major Neighbourhood Shopping Area
The Kingsway/Knight shopping area should be the major neighbourhood shopping area along Kingsway and a community heart. It should be a high priority for a wide range of improvements, to make it into a special community place along Kingsway.
The landmark nature of the proposed development will help make this shopping area the centre of the community. The project's treatment of the public realm includes landscaping, tree planting, pedestrian facilities and other features which will make this a special place.
5.3 Pedestrian Comfort and Improved Appearance
The area should have a better image and improvements such as planting, benches and banners. There should also be better maintenance and more frequent clean up of streets and sidewalks.
Redeveloping this site would make a major contribution to improving its overall appearance. Setbacks will also allow more trees, better separation between pedestrians and traffic, and increased green areas.
5.4 Storefronts, Shops and Services.
Small local shops and services should continue to line the sidewalks - instead of developments with parking lots in the front or buildings without storefronts. A replacement for the local library should be provided. In addition there should be a large grocery store or supermarket.
Currently most of the site's frontage along Kingsway and Knight Street is parking lot. This proposal includes continuous retail/service uses at grade. The project also includes a space that would be suitable for a grocery store when the restrictive covenant expires, and provides a space for the local branch library.
5.5 Former Safeway Site at Kingsway and Knight
Future redevelopment of this site should be used as an important opportunity to contribute to the Vision directions for this area.
The redevelopment proposal does appropriately contribute to the Vision of the area, as described above.
9.1 Parking in Shopping Areas
Enough parking for shoppers should be provided in a variety of ways. There should be on-street parking wherever possible.
The redevelopment of this site provides an important opportunity to meet the needs of shoppers through the provision of public underground parking on site and retaining curb parking on the adjacent streets.
9.3 No Malls and Big Box.
There should not be any additional big box stores or internal shopping malls allowed in KCC or close enough to threaten the economic health of the local shopping areas.
The smaller specialty `big box' (e.g., Winners, Future Shop, etc.) proposed in this specific project would provide an anchor which is expected to be beneficial to the viability of the shopping area by attracting customers to the area. Also, its size, location (2nd floor) and design are considered appropriate for this location.
11.1 Clark/Knight Street
The conditions and safety along Clark/Knight for pedestrians, and transit users should be substantially improved, by:
· adding more trees and other planting and public art.
Although Knight Street will continue to be one of the busiest streets in the city, this proposal includes improvements along the street edge (wider sidewalks, trees and other planting) that would benefit pedestrians and transit users. Public art is also a requirement for this rezoning because of the amount of development being proposed for the site.
Even though Kingsway will remain a primary arterial, pedestrians, transit users and bicyclists should have more priority than now, and the street's image should be improved, by:
· adding more trees and other planting.
This proposal would also result in improvements to the Kingsway streetscape that would include trees and other planting, wider sidewalks, bus shelters, and other street furniture.
24.1 More Greening in Public Spaces
More `greening' should occur in a wide range of public places to improve community appearance; make spaces more pleasant and useable; compensate for the traffic and wide areas of pavement; and promote better air quality and storm water control:
· more and larger trees should be planted on streets and in parks
· more alternatives for lanes besides completely unpaved or completely paved.
This proposal would contribute to greening the area by providing double rows of streets trees, including a large, landscaped central courtyard and using alternative paving materials in the courtyard and lane.
24.7 Public Views
Views to the mountains and water from public places, like parks and major streets, should be protected.
View analysis indicates that although the proposal includes high and mid-rise buildings, public views of the north shore mountains from Kingcrest Park and Knight Street will not be significantly affected.
26.2 Quality of New Construction
New buildings of all types should be better built, using quality materials so that they last well and can be better maintained.
The plans and drawing for this proposal illustrate a development of high quality materials. Staff will continue to require a high level of construction at the development permit stage of the process.
Comments of the General Manager of Engineering Services The General Manager of Engineering Services has no objection to the proposed rezoning, provided that the applicant complies with conditions as shown in Appendix B.
Public Benefit The proposal includes a 690 m² (7,436 sq. ft.) library space which would be provided rent-free for 10 years.
Urban Design Panel Comment An Urban Design Panel Workshop was held on October 16, 2002 to discuss options for the site prior to submission of the rezoning application. On January 8, 2003 the Urban Design Panel reviewed this proposal and supported the proposed use, density and form of development with the following comments:
"The Panel supported this rezoning application and thought the applicant had responded quite well to its earlier comments. There was unanimous support for the proposed uses and mix.
There was support for the residential character of this development with some design development. It was noted the residents of this development will themselves contribute to the success of the commercial retail uses.
With respect to the density, several Panel members were uncomfortable with the proposed 4.11 FSR and suggested something between 3.5 and 4.0 FSR would be more appropriate. There were a number of concerns relating to the distribution of the massing on the site and some Panel members did not believe it was workable in its present form, particularly referencing the second tower. A comment was made that it is unfortunate this developer does not have control of the entire site at this time.
There was unanimous support for the massing at the corner of Knight and Kingsway although some concern with floor plate size. An icon building in this location is very appropriate, and some Panel members suggested it could be higher. One Panel member found the curved glass base of the corner element unsuccessful with the tower component set back from the base and suggested a better integration with the podium.
The Panel had major concerns about the tower element on King Edward Avenue, both its location and form. One comment was that it should be more symmetrical in response to the gateway beneath it. Most Panel members failed to see the rationale for the 12-storey tower on King Edward Avenue and thought there was an uncomfortable relationship between the tower, the portal and the townhouses. The transition to the park and existing single family houses is also an important consideration. Some Panel members thought the townhouses should be deleted in favour of ground oriented units or something that integrates better and makes a stronger portal building. Several Panel members suggested the massing from the 12-storey tower should be redistributed elsewhere on the site, particularly to the tower at Knight/Kingsway.
The Panel agreed that the courtyard retail and restaurant spaces will be a major challenge. A comment was made that the geometry of the courtyard has remained quite strong in its plan but this has not been reflected very strongly in the geometry of the buildings. The Panel agreed the courtyard concept should be retained and liked the intimate urban space it will provide, away from the busy surrounding streets. However, there was concern expressed about the viability of the cafes in this space and the amount of blank wall and loading in this area. One Panel member suggested consideration be given to reducing the size of the courtyard in favour of just a widening in the street if the viability of the retail is in question. Much more work is required to achieve a successful pedestrian environment.
Several Panel members commented on the street elevations. Attention should be given to proportions of openings along Knight Street and Kingsway in terms of the expression of uses, and on Kingsway the architectural vocabulary needs more resolution. One Panel member found the Knight Street elevation to be the most successful. Some members strongly supported the 5 - 7-storey massing and urged that it not be lowered. More effort to reduce the perceived "scale" of the development is required.
A concern was expressed about the proposed fabric awnings which will not be very durable. It was suggested that a project of this size and calibre needs to have a plan for permanent weather protection in the form of substantive canopies, which could also be a means of linking the different elements on the site.
One Panel member was concerned about traffic congestion, particularly at the main parking access off Kingsway. The access to King Edward Avenue was also not understood, with some members questioning whether it will be required, and a suggestion that the project needs a complete traffic analysis.
Attention should be given to the residential entrances and how the buildings are addressed. It might be more appropriate for the main residential tower entry to be off a main street rather than at the rear. As well, some of the other residential entries are very close to commercial entries.
Two Panel members commented on the complexity of constructing the whole project at the same time and recommended some thought be given to a phased development."
Environmental Implications Nearby access to transit and commercial services may reduce dependence on use of automobiles by a concentration of residents in this development.
Social Implications There are no major positive or negative social implications to this proposal. There are no implications with respect to the Vancouver Children's Policy or Statement of Children's Entitlements.
Comments of the Applicant The applicant has been provided with a copy of this report and has provided the following comments:
"We have now had the opportunity to review the Report to Council, herewith, and generally find it meets our expectations with respect to our Rezoning Application.
We have had a long and fruitful relationship with the General Public with strong positive and constructive feedback from a variety of Community Associations and Groups. A great deal of that feedback has been incorporated into the proposal. We have made significant efforts to meet the goals of the Community Visions for this site and that effort is well represented in the report.
In addition we have had a very positive experience working closely with the City of Vancouver Planning Department and Design Panel. Their guidance, constructive criticism and enthusiasm have been invaluable to the progress made in developing a wholly successful solution.
We appreciate the City's recognition of the urgency in completing the rezoning review and approvals process within the time constraints relating to the purchase of the site. In this regard, we are prepared to proceed further with the development of the project on the basis the design and other conditions as described within the report and consider all to be reasonable and do-able.
12 pages of architectural drawings (Under ".PDF" file)
APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION
APPLICANT AND PROPERTY INFORMATION
1402-1436 Kingsway and 4050 Knight Street
Lots 1-4, Blk 1 & 3, DL 352, Plan LMP45824 & Lot B, Blk 1 & 3, DL 352, Plan LMP45560
Keith Hemphill, Rositch Hemphill and Associates Architects
Fung's Properties Ltd.; Christa Vina Investments Ltd. et al
Aquilini Investments Group
9 729.34 m²
(104,729 sq. ft.)
DEVELOPMENT PERMITTED UNDER EXISTING ZONING
DEVELOPMENT (if different than proposed)
Retail, Office, Services, Residential, Cultural and Recreational, Institutional
Retail, Office, Services, Residential, Cultural and Recreational, Institutional
MAX. FLOOR SPACE RATIO
3.00 overall/2.50 for dwelling uses
4.11 (3.09 residential and 1.02 commercial)
12.2 m (40 ft.)
51.0 m (168 ft.)
MAX. NO. OF STOREYS
Market Multiple Dwelling Requirement
KNIGHT STREET SETBACK
2.2 m (7 ft.)
KING EDWARD AVENUE SETBACK
2.7 m (8.8 ft.)
* * * * *
Link to Appendices