Agenda Index City of Vancouver

POLICY REPORT
DEVELOPMENT AND BUILDING

TO:

Vancouver City Council

FROM:

Director of City Plans

SUBJECT:

CD-1 Rezoning - 1402 and 1420 Kingsway and 4050 Knight Street

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

The Kensington-Cedar Cottage (KCC) Community Vision (July 1998) includes a number of Council-adopted Vision Directions related to the Kingsway and Knight area and this site which can be paraphrased as follows:

PURPOSE AND SUMMARY

This report outlines why the existing C-2 zoning on the site at Kingsway and Knight is unsuitable; and recommends that the Director of City Plans apply to rezone the site from C-2 to CD-1, and that this application be referred to Public Hearing. The proposed CD-1 would permit continued use of the existing building on the site for most of the uses permitted under C-2.

The report also recommends that the City be prepared to consider a future amendment to the CD-1 zoning for a redevelopment proposal that better meets adopted KCC Community Vision policy, and better suits the particularities of this site.

BACKGROUND

Site Description
1402 and 1420 Kingsway, and 4050 Knight Street is the site of a former Safeway and parking lot. When Safeway vacated, they placed a restrictive covenant on the site which lastsuntil 2013, and forbids the site's use for a supermarket or grocery store of more than 3500 sq. ft. Currently a "Liquidators' Flea Market" operates out of the old Safeway building.

The site is large (.88 ha, or 2.2 acres), and bounded by three major arterials: Kingsway, Knight Street, and King Edward Avenue. It is an awkward, irregular shape, with acute angles. It is located on a height of land, which provides excellent views to the north shore mountains, and south over the adjacent Kingcrest Park.

The site is zoned C-2, which permits either:

History of Development Initiatives
Since 1993 there have been three development applications on this site. The first application in 1993 was for a mixed use residential/commercial development. The applicant sought to achieve the maximum discretionary density under C-2. Despite a long negotiation process, a proposal supportable by staff and the community was not able to be achieved, and the application was withdrawn prior to a decision.

In 1997 a development application was approved for about three/quarters of the site for a multi-level, internalised retail and office mall. The commercial units were to be strata-titled. The use and density were outright, with height relaxation to six storeys for part of the building being required to achieve the density. The applicant was willing to enter into an agreement with the Vancouver Public Library for the use of some space for a relocated Kensington Library. However, the development did not proceed, and the approval lapsed after several years.

In 2000, an application was processed on the portion of the site south of the lane for large Baptist church. The application was supported by the community, but the church congregation decided not to proceed, and the application was withdrawn prior to a decision.

In 2001, staff handled a development inquiry for the part of the site south of the lane. The proposal was mainly residential, with a small amount of commercial on the Knight Street frontage. The proponent met several times with the community, but decided not to proceed.

DISCUSSION

KCC Community Vision Policy and Current Zoning
As noted above under Council Policy, the KCC Community Vision identifies this site as a very important part of a future neighbourhood centre. In the next few months, staff will report to Council with a proposed "Neighbourhood Centre Delivery Program". The program will be aimed at implementing the Vision Directions related to shopping areas and new housing types, and the Kingsway and Knight area will the first to be planned.

Staff are concerned that various forms of development possible under the current C-2 zoning on this site are incompatible with the Vision, and a future neighbourhood centre. For example, the zoning allows a very large big box store or indoor-oriented retail mall, on an outright basis with no design review. It also permits an outright all-office development. These are incompatible with the future of the area as a pedestrian-friendly shopping street. In addition, they do not provide additional housing. Even if another conditional mixed use/residential application were made, staff's experience with previous proposals is that the densities and regulations in C-2 do not result in supportable schemes on this site.

Rezoning to CD-1
Because redevelopment under C-2 zoning is inappropriate to adopted City policy in the KCC Vision, and to the unusual size and shape of this site, staff recommend Council rezone the site to CD-1 as outlined in Appendix A. This would permit the existing building to be used for all the uses permitted in C-2, other than automobile-oriented ones.

Any new development proposal would be considered by way of an application to amend the CD-1 zoning. This would allow for a development whose use, form and density are customized for this site. It would also provide an opportunity for an appropriate level of public review and input. The City would be prepared to consider such a future CD-1 at any time.

Precedents
City Council has acted a number of times in the past to rezone sites whose existing zoning would permit development that was inappropriate. Examples are:
· 2000 Rezoning of Jericho Lands from RS-1 to CD-1 which would permit reuse of existing buildings, while major additions or new development would require further zoning amendment. This was done because development under existing RS zoning and subdivision regulations for single family dwellings would conflict with adopted CityPlan policy.
· 1998 Rezoning of former Safeway site at Victoria Drive and E. 41st Avenue from C-2 to CD-1, to permit use of the old Safeway building only. Subsequently the CD-1 zoning was amended for the full redevelopment of the site to mixed use.
· 1988 Rezoning of 3 block Robson Square Complex at 800 Robson Street from DD to CD-1, to maintain the existing form of development and uses.
· 1984 Rezoning the 2 block Pacific GMC site at Broadway and Nanaimo from C-2 to CD-1, to prevent outright commercial development inappropriate to the site. Subsequently the CD-1 rezoning was amended for full redevelopment of the site to mainly housing.
· 1984 Rezoning the large "bus barns" site at Cambie and W. 16th Avenue from

Charter Authority for Withholding

Under Section 570 (2) of the Vancouver Charter, Council is empowered to withhold development applications submitted under existing zoning, where approval of the application would allow development in conflict with a rezoning or zoning by-law amendment "in the course of preparation". If a development application is filed that would be in conflict with the proposed CD-1, staff would report it to Council for a decision on whether to withhold.

CONCLUSION

Due to the important location, large size, and unusual configuration of the site, and concerns that its redevelopment under the existing C-2 zoning would conflict with City policy as adopted in the KCC Community Vision, it is recommended that Council instruct the Director of City Plans to make application to rezone this site at 1402 and 1420 Kingsway and 4050 Knight Street to CD-1, generally as outlined in Appendix A, and refer the application to Public Hearing. Should the rezoning be approved, the City would be prepared to consider future development proposals by way of amendment to the CD-1.

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DRAFT CD-1 BY-LAW PROVISIONS

Use

Density

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ag020122.htm

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