Agenda Index City of Vancouver

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

FEBRUARY 19, 2002

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, February 19, 2002, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider proposed amendments to the Zoning and Development and Sign By-laws.

COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke
SECONDED by Councillor Bass

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider proposed amendments to the Zoning and Development and Sign By-laws.

CARRIED UNANIMOUSLY

1. Rezoning: 1402-1420 Kingsway and 4050 Knight Street

An application by the Director of City Plans was considered as follows:

Summary: To rezone the properties from C-2 to CD-1 to permit most uses included in the C-2 District Schedule and establish the form of development as approved by DE 29811. Also amend the Sign By-law to assign Schedule B(C-2) to the site.

Applicant: Director of City Plans

Recommended Approval: By the Director of City Plans

Staff Opening Comments

Trish French, Senior Planner, reviewed the application. If approved, the proposed CD-1 would permit continued use of the existing building for most uses allowed under the existing C-2 zoning. Some forms of development possible under C-2 would not be in keeping with the Vision Directions for the area, and a future neighbourhood centre.. The history of previous failed applications for the site was reviewed. Ms. French noted which uses would be excluded under the CD-1. The proposed CD-1 rezoning is intended as a measure to protect the Vision; the CD-1 may be modified or a different rezoning approved at a future Public Hearing.

Ms. French advised that since this referral, the owner has offered to enter into a restrictive covenant as an alternative to the CD-1. Staff have not had an opportunity to review this in detail, but on quick examination, it appears that a time-limited, restrictive covenant on the property title may achieve the same ends. Should Council wish to consider this option, Council should refer its decision to a future meeting and ask staff to report back with an analysis of the option. Owner's comments would also be provided.

Owner Opening Comments

Patrick Ho, New World Projects Ltd., stated that the property owners are willing to work with the City and neighbours to reach a solution satisfactory to Council, owners and the neighbourhood. Mr. Ho protested lack of consultation prior to referral, and asked for more time to work with staff to accomplish a resolution in near future.

Charles Brook, Brook Development Planning Inc., represented the owners. Mr. Brook stated that the owners are not at odds with the Vision and urban design objectives as understood to date, and are willing to rezone the site to some compatible zoning. However, if the site were down-zoned now as proposed in this application, and then up-zoned, Mr. Brook explained the potential financial penalty to the owners. As an alternative, the owners are prepared to place a restrictive covenant on the site prohibiting development under the current C-2 zoning, and begin a cooperative rezoning process to meet the aspirations of neighbours, owners and the City.

Summary of Correspondence

Council received the following correspondence on this application:
· one letter of support for the application;
· one letter of opposition proposing an alternative.

Speakers

Council heard from twelve speakers supporting the proposed rezoning to CD-1:

Ann Roberts, KCC CityPlan Committee
John Buckberrough
Mary Boulanger
Gerald Longson
Dennis St. Aubin, Dickens Community Crime Watch
Elisabeth Jang
Barbara McGeough, Glen Park Neighbours
Heather Imrie
Brian King, Mountainview Neighbourhood Group
Ken Baker, Cedar Cottage Neighbourhood Association (CECONA)
Uli Rasehorn

Following are some of the comments made by the supporting speakers:
· this site, historically known as Kingcrest, is a very high priority for the neighbourhood and should become a neighbourhood centre;
· the current C-2 zoning could permit outright development incompatible with the area Vision;
· previous applications to develop the site were not without their merits, but contained major concerns for the community;
· the community had hoped the City would buy the site, but was advised the site does not meet the guidelines for purchase by the Property Endowment Fund;
· the neighbourhood is concerned that the site will be sold off piecemeal with no overall plan;
· site-specific CD-1 zoning would provide more flexibility and creativity in dealing with the site;
· the proposed rezoning is a necessary first step toward achieving the neighbourhood vision;
· the City's initiative to rezone this site CD-1 is a positive indication that the City supports the eventual implementation of the Vision;
· the site has been dormant for too long;
· neighbourhood amenities need to be provided when the site is redeveloped;
· Knight Street exacts a major toll on the neighbourhood and deserves special treatment;
· several speakers indicated they could support a restrictive covenant if it provides the same protection against inappropriate development of the site, but others indicated a preference

Alastair Ferguson did not support down-zoning the site. Many dormant sites in the City are sites which have been down-zoned and thereby lost their value to developers. A short-term restrictive covenant would be the preferred option from a commercial real estate point of view.

Ms. French responded to questions about the protection offered by restrictive covenants, potential for implementation of the Vision, and why the City would not purchase the site.

The Mayor called for any further speakers, and none came forward.

Owner Final Comments

Mr. Brook felt the site would be more likely to be redeveloped in a Vision-compatible manner if it were rezoned to an appropriate zoning than if it were down-zoned. Mr. Brooke reiterated that a restrictive covenant would provide sufficient protection in the interim.

Staff Final Summation

Ms. French noted that apparently everyone would like to see improved zoning for the site to fit the Vision and encourage compatible development. Should Council wish to consider the option of a restrictive covenant, it should conclude hearing from the public and ask staff to provide further information.

Council Decision

MOVED by Councillor Clarke

THAT Council refer its decision on the rezoning application for 1402-1420 Kingsway and 4050 Knight Street to a future meeting of Council on March 5, 7 or 12, 2002, and that staff provide further information on a restrictive covenant as an alternative to the recommended CD-1 rezoning.

CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke
SECONDED by Councillor Bass

THAT the report of the Committee of the Whole be adopted.

CARRIED UNANIMOUSLY

The Special Council adjourned at 9:55 p.m.

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