P2
                                                        POLICY REPORT
                           BUILDING AND DEVELOPMENT

                                           Date: March 12, 1997
                                           Dept. File No. 96013 PM
                                           C.C. File: 5304-1

   TO:       Vancouver City Council

   FROM:     Director of Land Use and Development

   SUBJECT:  Proposed Rezoning of 1762 Davie Street (including Transfer of
             Heritage Density from 750 Burrard Street)


   RECOMMENDATION

        THAT the application by Baker McGarva Hart Architects Inc. to
        rezone the site at 1762 Davie Street (Lot 12 E´ and W´, Block 62,
        D.L. 185, Plan 92) from C-5 to CD-1, to permit a mixed-use
        development consisting of commercial uses at grade and six storeys
        of dwelling use above, be referred to a Public Hearing, together
        with:

        i)   revised plans received February 24, 1997;

        ii)  draft CD-1 By-law provisions, generally as contained in
             Appendix A, which would allow an increase in the maximum floor
             space ratio from 2.2 to 3.4 in conjunction with a transfer of
             heritage density from 750 Burrard Street; and

        iii) the recommendation of the Director of Land Use and Development
             to approve the application, subject to conditions contained in
             Appendix B.

        FURTHER THAT the Director of Land Use and Development make
        application to amend CD-1 By-law No. 7246 for 750 Burrard Street,
        to reduce the maximum floor space ratio from 13.17 to 12.76, and
        this application be referred to a Public Hearing.

        FURTHER THAT the Director of Land Use and Development make
        application to amend the Sign By-law to establish sign regulations
        for this CD-1 site in accordance with Schedule B (C-5).

        AND FURTHER THAT the Director of Legal Services be instructed to
        prepare the necessary by-laws for consideration at the  Public
        Hearing.

   GENERAL MANAGER'S COMMENTS

        The General Manager of Community Services RECOMMENDS approval of
        the foregoing.

   COUNCIL POLICY

   Relevant Council policies for this site include the following:

       The Transfer of Density Policy and Procedure (adopted January 25,
        1985 and subsequently amended) makes provision for the transfer of
        density from heritage sites in the Central Area to other sites in
        the Central Area.

       The Central Area Plan (adopted December 3, 1991) identifies the
        West End as a well-established residential neighbourhood in which
        restaurant, retail and entertainment uses should be limited to
        ensure commercial uses will be compatible with housing (Policy
        4.4);  the Plan focuses retail use where it will reinforce existing
        and desired retail districts and pedestrian routes and will be
        compatible with adjacent residential uses (Policy 5.2) [Note:
        Streets where continuous at-grade retail use is required include
        the 1600-1700 blocks of Davie Street (Map H)].

       The C-5 and C-6 Zoning Districts are intended "to provide for
        retail and service uses and forms of development which are
        compatible with the primarily residential character of the West End
        ... and to provide for dwelling units designed compatibly with
        commercial uses.  Emphasis is placed on requiring the external
        design of buildings to be oriented to the pedestrian in terms of
        scale and functional considerations".

        Section 4.7.5 of the C-5 and C-6 Districts Schedule enables the
        Development Permit Board to permit an increase in FSR, where the
        increase results from a transfer of heritage floor space, to a
        maximum of 10 percent over the total permitted FSR.

   PURPOSE AND SUMMARY

   This report assesses an application to rezone the site at 1762 Davie
   Street from C-5 to CD-1.  The application requests an increase in the
   maximum floor space ratio (FSR) from 2.2 to 3.4 for a mixed-use
   development having one storey of commercial uses at grade and six
   storeys of dwelling use above.  (See additional information in Appendix
   C, plans in Appendix E and statistics in Appendix F.)
   A transfer of heritage density of 963.9 m2 (10,375 sq. ft.) to the site
   is proposed, equivalent to the requested increase of 1.2 in the maximum
   FSR.  The proposed donor site is 750 Burrard Street which holds
   transferrable density that was granted as a heritage density bonus in
   exchange for the preservation and re-use of the former Vancouver Public
   Library.































   Staff have assessed the potential impacts of the proposed density
   transfer on the recipient site at 1762 Davie Street and concluded that
   the proposed form of development generally meets applicable policies and
   guidelines.  Staff therefore recommend that the application be referred
   to a Public Hearing and approved subject to conditions.  It is also
   recommended that the application be accompanied by an application from
   the Director of Land Use and Development to reduce the heritage density
   available for transfer at 750 Burrard Street by an amount corresponding
   to the proposed transfer to 1762 Davie Street.

   DISCUSSION

   Transfer of Heritage Density:  The site is proposed to be a recipient
   site for a transfer of density from a donor heritage site.  A rezoning
   is requested because the amount of heritage density proposed to be
   transferred exceeds the 10 percent increase in maximum (FSR) which can
   be approved for this purpose in a development application in the C-5
   District.

   The Transfer of Density Policy enables a transfer of density from a
   heritage site to be considered if it assists in achieving one or more of
   six public objectives listed in the policy.  The density transfer
   requested in this application will assist the objective "to preserve a
   heritage building".  The proposed donor site is 750 Burrard Street (the
   site of the former Vancouver Public Library).  Residual density held on
   this site is available to be transferred to a recipient site elsewhere
   in the Central Area.  A total of 9,789.42 m2 (105,375.9 sq. ft.) is
   available for transfer.  The proposed heritage density transfer would
   reduce the "banked" development potential by 963.9 m2 (10,375.2 sq. ft.)
   to  8,825.57 m2 (95,000.7 sq. ft.).  The maximum FSR would be
   correspondingly reduced from 13.17 to 12.76. (See additional information
   on the Donor Site in Appendix C, pages 2-3.)

   The density transfer requested in this application will also secondarily
   assist the objective "to facilitate development in an area with
   mixed-use zoning".  The recipient site is located in the C-5 District
   which permits a wide range of uses including residential and commercial. 
   However, the high-rise apartment buildings abutting both sides of the
   site do not conform to present C-5 regulations, particularly the
   requirement for shopping continuity at grade.  This lack of shopping
   continuity on the south side of the 1700-block Davie Street may be a
   factor in the difficulty the property owner has experienced in
   attracting and retaining commercial tenants on the site.  In such a
   context the viability of commercial uses at grade on the site, which are
   required by C-5 zoning, is uncertain but could be mitigated or
   "subsidized" by additional residential development potential.

   The application respects three of four relevant limitations of the
   Transfer of Density Policy.  The three it respects are:

   1.   heritage density should be transferred from a site within the
        Central Area to another site in the Central Area;

   2.   the proposed development should further the intent of the
        regulations and policies for the area surrounding the site (see
        Proposed Form of Development below); and

   3.   the aggregate development potential (FSR) for the donor and
        recipient sites combined should remain unchanged by the transfer.

   The one limitation which is not respected is:

   4.   the aggregate development potential (FSR) for specific uses should
        remain unchanged by the transfer.

        The "banked" density at 750 Burrard Street is for commercial uses
        while the requested density at 1762 Davie Street is for dwelling
        uses.  Staff do not believe that replacing commercial potential by
        residential potential is a major issue, because Council has
        approved several measures in recent years, including amendments to
        the Central Area Plan and the C-1 and C-2 Schedules, to replace
        commercial development potential with residential potential.

   Proposed Form of Development:  With advice from the Urban Design Panel,
   staff have concluded that the revised application demonstrates a
   reasonable form of development for the recipient site.  It satisfies the
   relevant policies of the Central Area Plan and, except for maximum FSR,
   it generally complies with most C-5 zoning regulations, including its
   external design regulations.  (See Further Discussion in Appendix C,
   pages 3-6.)

   Unlike previous 15- and 8-storey proposals for this site, the proposed
   7-storey development would not exceed the maximum height permitted in
   the C-5 District, and therefore view access for residents in surrounding
   developments both near and far would be affected no more than if the
   site was developed according to C-5 regulations.  However, proposed
   development exceeds the building envelope prescribed in the C-5 District
   by not stepping back (terracing) the upper storeys as much as required. 
   Nevertheless, compared to development which could be approved under C-5
   zoning, the additional impact on sunlight access for the Davie Street
   pedestrian environment is minimal.

   Commercial Uses at Grade:  Only one individual commercial occupancy at
   grade is proposed rather than two as would be required by C-5
   regulations.  Planning staff agree that a single occupancy at this
   location can provide appropriate pedestrian scale and interest given the
   lack of street-fronting commercial uses on the adjacent sites and given
   the long frontage of the Sands Hotel across the street.  However, staff
   recommend that flexibility be retained for two occupancies by requiring
   the entrance and servicing of the grade-level commercial floor space to
   be provided in a way that can accommodate two occupancies.

   CONCLUSION

   Planning staff conclude that the proposed transfer of heritage density
   to this site, increasing the maximum FSR from 2.2 to 3.4, meets the
   requirements of the Transfer of Density Policy.  The additional density
   proposed on the site has been configured to respect the height, setback,
   external design and other requirements of the present C-5 zoning, except
   for the building envelope.  Planning staff conclude that the potential
   impacts of the requested additional density and proposed form of
   development are minor relative to those which can be anticipated from
   the FSR and form of development presently allowed on the site.

   The Director of Land Use and Development recommends that the application
   be referred to a Public Hearing and approved, subject to conditions.  If
   this application is approved, it is recommended that the heritage
   density available for transfer from the donor site at 750 Burrard Street
   be reduced by a corresponding amount through a text amendment to the
   CD-1 By-law for that site.

                                 *  *  *  *  *
                                                                 APPENDIX A

                         DRAFT CD-1 BY-LAW PROVISIONS
                               1762 Davie Street

   USES:

        Dwelling Uses in conjunction with any of the uses listed here
        provided that no portion of any floor of a dwelling unit except for
        entrances shall be permitted within 2.0 m of street grade along the
        fronting street and provided that no residential amenity area at
        the first storey is provided within a depth of 10.7 m from the
        front property line;

        Office Uses;

        Retail Uses, but not including Adult Retail Store, Liquor Store,
        Pawnshop and Secondhand Store;

        Service Uses, but not including Body-rub Parlour, Cabaret,       Fu
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                                                                         d        Accessory Uses customarily ancillary to the above uses.

   FLOOR SPACE RATIO:

        The maximum floor space ratio will be 3.40, except that the floor
        space ratio for non-dwelling use will not exceed 1.0 and a minimum
        of 0.3 will be provided abutting and within 2.0 m of street grade
        along the fronting street.

   BUILDING HEIGHT:

        The maximum height of a building measured above the base surface is
        18.3 m (60 ft.).

   HORIZONTAL ANGLE OF DAYLIGHT:

        Section 4.10 of the C-5 and C-6 Districts Schedule.

   ACOUSTICS:

        Section 4.15 of the C-5 and C-6 Districts Schedule.

   EXTERNAL DESIGN:

        Section 4.17 of the C-5 and C-6 Districts Schedule.

                                 *   *   *   *
                                                                 APPENDIX B
                                                                Page 1 of 2


                   PROPOSED CONDITIONS OF REZONING APPROVAL
                               1762 Davie Street


   1.   THAT the proposed form of development be approved by Council in
        principle, in revised plans generally as prepared by Baker McGarva
        Hart Architects Inc. and stamped  Received City Planning
        Department, February 24, 1997", provided that the Director of
        Planning may allow minor alterations to this form of development
        when approving the detailed scheme of development as outlined in
        (2) below.

   2.   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)   further design development to improve the character and
              livability of proposed development, including:

              a)  redesign at south-west corner of seventh storey to bring
                  development within the maximum building height allowed,

              b)  more prominent treatment of the residential entrance,

              c)  providing flexibility for greater pedestrian interest at
                  grade by locating the entrance and services of the
                  grade-level commercial floor space in such a way that it
                  can accommodate two occupancies and not just one, and

              d)  consideration of improved treatment of the commercial
                  space, such as  opening  the exposed sides of the
                  building for a pavilion-like effect,

        (ii)  design development according to principles of crime 
                  prevention through environmental design, to reduce
                  opportunities for theft from auto, bicycle theft, break
                  and enter, and mischief such as graffiti and
                  skateboarding; and

        (iii) the advice of the Urban Design Panel on a detailed scheme of
              development.

   3.   THAT, prior to enactment of the CD-1 By-law, and at no cost to the
        City, the registered owner shall:

                                                                 APPENDIX B
                                                                Page 2 of 2



        (i)   make arrangements to the satisfaction of the General Manager
              of Engineering Services for consolidation of the site;

        (ii)  make arrangements to the satisfaction of the General Manager
              of Engineering Services for all electrical and telephone
              services to be underground within and adjacent the site from
              the closest existing suitable service point;

        (iii) make arrangements to the satisfaction of the General Manager
              of Engineering Services and the Director of Legal Services
              for notification of prospective purchasers about the use of
              the Davie Street frontage as a B.C. Transit bus terminus;
              and 

        (iv)  execute a legal agreement, to the satisfaction of the
              Director of Legal Services, to not discriminate against
              families with children in the sale of dwelling units.



                                 *   *   *   *
   ADDITIONAL INFORMATION: SITE, SURROUNDING AREA, PROPOSED DEVELOPMENT AND
   NON-MAJOR ELEMENTS

   Site and Existing Development:  The site is on the south side of Davie
   Street, less than half a block east of Denman Street (see map on page 3
   of the report).  It is comprised of two lots having a total area of
   803.21 m2 (8,646 sq. ft.), a total width of 20.12 m (66 ft.), and a
   depth of 39.93 m (131 ft.).  

   The site was developed in 1985 with a two-storey building approved for
   drive-through restaurant use.  Surface parking occupies the western half
   of the site and has vehicular access from Davie Street.

   Surrounding Zoning and Development:  The site is in the C-5 Commercial
   District.  Many of the properties fronting Davie, Denman and Robson
   Streets, the West End s local-serving commercial streets, are zoned C-5
   and C-6 (C-6 permits Hotel use).  Most of the existing buildings in the
   C-5 District have been developed to a height of one or two storeys.

   The site is unusually situated, being flanked on both sides by apartment
   towers which have some commercial floor space at grade but not the full
   width of their Davie Street frontage (see site plan in Appendix E,
   page 1):

       Located immediately west of the site, at 1770 Davie Street, is
        Berkeley Tower.  Constructed in 1958, this 16-storey mixed-used
        development has commercial uses at grade and dwelling units above
        (60 units), an FSR of 3.3, and a height of 46.6 m (153 ft.).

       Located immediately east of the site, at 1750 Davie Street, is
        English Bay Towers.  Constructed in 1964, this 12-storey mixed-used
        development has office uses at grade and dwelling use above
        (88 units), an estimated FSR of 3.1, and a height of 41.1 m
        (135 ft.).

   Located immediately across the street from the site, at 1755 Davie
   Street, is the Sands Hotel.  Constructed in 1959, this 6-storey building
   has an estimated FSR of 2.4 and a frontage of 61 m (198 ft.).

   South of the lane adjacent the site is an RM-5A District.  Located
   across the lane to the south-east of the site, at 1255 Bidwell Street,
   is Imperial Towers.  Constructed in 1962, this 28-storey apartment
   building has an FSR of 3.36 and 270 dwelling units.

   Previous Proposals:  A rezoning application on this site submitted in
   November 1995 proposed a height of 16 storeys and an FSR of 5.0.  Many
   neighbouring residents immediately raised concerns about the impacts of
   building height on views and sunlight access.  In February 1996 the
   applicant withdrew the application and indicated that the neighbourhood
   would be consulted in preparation of a revised proposal.

   A new application was submitted on April 17, 1996 which proposed a
   height of eight storeys and an FSR of 3.7.  Twelve letters of concern
   were subsequently received about this.  The Urban Design Panel reviewed
   the application on May 22, 1996 and did not support it.  A revised
   proposal, which reduced the proposed height and FSR as reviewed in this
   report, was submitted on July 8, 1996.  This revised proposal was
   supported by the Urban Design Panel on September 11, 1996.

   Proposed Development:  The application proposes a seven-storey,
   mixed-use development containing commercial uses at grade and dwelling
   uses in six storeys above.  29 dwellings units are proposed.  (See plans
   in Appendix E and site and development statistics in Appendix F.)

   A transfer of heritage density of 963.9 m2 (10,375 sq. ft.) to the site
   is proposed, equivalent to the requested increase in FSR of 1.2.  The
   proposed donor site is 750 Burrard Street (former Vancouver Public
   Library).

   Proposed development would replace a two-storey building and surface
   parking on the site which has accommodated a variety of uses since its
   construction, particularly auto-oriented and drive-through uses. 
   Vehicular access to the site by means of a curb-cut on Davie Street
   would be removed.

   Donor Site for Proposed Transfer of Density:  At Public Hearing on
   November 9, 1993, City Council approved a rezoning of the site at 750
   Burrard Street, as follows:

       approval of CD-1 # 322 (By-law No. 7235 enacted on November 30,
        1993) permitting a maximum FSR of 13.17.  The FSR included a
        heritage bonus of 4.17 FSR for the preservation and re-use of the
        former Vancouver Public Library;

       municipal heritage designation of the former Vancouver Public
        Library; and

       a legal agreement limiting development on the site to 9.0 (as
        permitted in area  A  of the Downtown District).

   Through the foregoing, commercial development potential of 9,789.42 m2
   (105,375.9 sq. ft.) was  banked  for future sale and transfer to
   recipient sites elsewhere in the Central Area.  As and when any of this
   banked heritage density is sold and transferred to a recipient site, the
   heritage density available for transfer at 750 Burrard Street is to be
   reduced by a corresponding amount through an amendment of the CD-1
   By-law for that site.

   Further Discussion of Proposed Development:  The principal issue raised
   by this rezoning is whether or not the increased density proposed on the
   site results in a form of development which is consistent with City
   objectives for the surrounding area.  It is concluded from the following
   assessment that potential impacts are minor relative to the impacts of
   the density and form of development presently allowed under C-5 zoning.

   (1)  Land Use:  The application proposes 2 490 m2 (26,803 sq. ft.), an
   FSR of 3.1, for dwelling uses (29 units).  The application also proposes
   241 m2 (2,594 sq. ft.), an FSR of 0.3, for commercial uses (office,
   retail and service) at grade.  Commercial space would comprise 8.8
   percent of the total floor area.

   These uses are generally permitted in the C-5 District and are supported
   by staff.  However, as required in the C-5 District, staff recommend
   that no residential use be permitted within 2.0 m of street grade along
   the fronting street.  In addition, to prevent uses which are likely to
   be incompatible with nearby residential uses, Planning staff recommend
   that the permitted Retail Uses not include Adult Retail Store, Liquor
   Store, Pawnshop and Secondhand Store, and that the Service Uses not
   include Body-rub Parlour, Cabaret, Funeral Home, Hotel, Neighbourhood
   Public House, Production or Rehearsal Studio and Restaurant - Class 2
   (see Draft CD-1 By-law Provisions, Appendix A).

   Staff note that the amount of commercial space proposed on the site is
   small (FSR 0.3 as compared to the maximum of 1.2 which is permitted by
   C-5 zoning).  This probably reflects the property owner s difficult
   experience attracting tenants to the site in recent years.  At some
   future date however, it is possible there will be greater commercial
   interest in this location, particularly if one- or two-storey
   pedestrian-oriented commercial space is developed fronting Davie Street
   on one or both abutting sites.  To provide flexibility in such
   circumstances, staff have identified additional space on the ground
   floor and the north part of the second floor which could be altered to
   accommodate commercial rather than residential uses.  A maximum FSR of
   1.0 for commercial uses is recommended for this purpose, rather than 0.3
   requested by the applicant (see Draft CD-1 By-law Provisions, Appendix
   A).

   Correspondingly, staff also believe it is necessary to ensure that
   commercial space at grade is in fact provided.  It is therefore
   recommended that a minimum of 0.3 FSR commercial space be provided, to
   prevent commercial space at grade and abutting the fronting street from
   being replaced by amenity area for building residents, and thereby
   diminishing pedestrian interest at grade (see Draft CD-1 By-law
   Provisions, Appendix A).

   On a related topic, and also arising from the property owner s
   experience noted above, the applicant requests that individual
   commercial occupancies at grade not be restricted to a maximum frontage
   of 7.7 m (25 ft.) as required by C-5 regulations.  On this 20.1 m (66
   ft.) wide site, after providing a residential entrance 4.6 m (15.1 ft.)
   in width, two individual occupancies would be required.  Planning staff
   agree that a single occupancy at this location can provide appropriate
   pedestrian scale and interest given the lack of street-fronting
   commercial uses on the adjacent sites and given the 61 m (198 ft.)
   frontage of the Sands Hotel across the street.  However, staff recommend
   that flexibility be retained for two occupancies by requiring the
   entrance and servicing of the grade-level commercial floor space to be
   provided in a way that can accommodate two occupancies [see condition
   2(i)(c) in Appendix B].

   (2)  Density: The application proposes an FSR of 3.4.  This exceeds the
   maximum of 2.2 permitted in the C-5 district by 54.5 percent.  The C-5
   Schedule allows a 10 percent increase over the current maximum FSR to
   accommodate a transfer of heritage floor space.  This is an additional
   FSR of 0.22 FSR, for a total of 2.42.  The requested FSR thus exceeds
   the maximum which can be achieved under C-5 zoning by 40 percent.  As
   discussed below, staff assessment of the proposed form of development
   indicates that the impacts on views, sunlight access and privacy of
   increased density are not significantly greater than those of
   development presently allowed on the site by C-5 zoning.

   (3)  Height:  Unlike the previous 15- and 8-storey proposals, the height
   of the present 7-storey proposal is generally within the 18.3 m (60 ft.)
   maximum height permitted outright in the C-5 district, and also in the
   abutting RM-5A District. [Note: C-5 zoning allows maximum building
   height to be increased to 64.0 m (210 ft.).]  Mechanical appurtenances
   are proposed, including roof access and elevator machine room, but these
   are normally excluded from building height calculations.  However, a
   plan-check has revealed that proposed development would marginally
   exceed the maximum building height at the south-west corner of the
   seventh storey.  Staff recommend redesign at the development application
   stage to bring development within the maximum building height [see
   condition 2(i)(a) in Appendix B].

   The proposed building mass exceeds the building envelope illustrated and
   described in Figure 1 of the C-5 and C-6 Districts Schedule (Section
   4.3.1).  The upper two storeys on the south side and upper three storeys
   on the north side are not stepped back  (terraced) as much as would be
   necessary.  However, compared to development which can now be approved
   on the site, the additional impact on sunlight access for the Davie
   Street pedestrian environment is limited.  (Note: This was assessed in
   terms of spring/autumn equinox shadow diagrams which indicate no shadows
   on the sidewalk on the north side of Davie street at 10:00 and
   12:00 a.m., and 2:00 and 3:00 p.m.)

   Several residents in the building at 1251 Cardero Street, located south
   of the lane a block and a half to the east, have a view down the lane
   south of the site to English Bay and they have expressed concern about
   the impact on that view of proposed development at the rear of the site. 
   They request a rear yard setback of at least 9.1 m (30 ft.) rather than
   the 4.6 m (15.1 ft.) which is proposed.  Staff do not support this
   request as the proposed setback is the same as what is required in the
   C-5 District.  Staff also note that the C-5 zoning also allows
   all-commercial development to have no rear setback whatsoever and,
   within the prescribed height envelope, such development could reach a
   height of 11.0 m (36 ft.) at the rear property line.

   (4)  Form of Development:  The proposed building mass has been sculpted
   in a way that will provide livability for the proposed dwelling units on
   the site and maintain it for the existing dwellings on abutting sites. 
   Front yard and side yard setbacks, which are not permitted on the ground
   plan in the C-5 District, are required and proposed on the upper
   residential stories: a setback from the Davie Street property line of
   4.6 m (15.1 ft.), a similar rear setback, and partial side yard setbacks
   of 3.0 m (9.8 ft.).  The proposed form of development meets the
   horizontal angle of daylight  requirement for habitable rooms.  Proposed
   development at the second storey would have a  site coverage  of 54
   percent, which is very close to the maximum of 50 percent in the
   adjoining RM-5A District.

   The proposed form of development has been configured in a way that   minimizes blank party walls that would otherwise be prominently visible
   in this context (see West Elevation in the plans, Appendix E, page 4). 
   However, the Urban Design Panel has advised that the sides of the
   commercial element fronting Davie Street should be redesigned, such as
    opening  the exposed sides of the building at grade for a pavilion-like
   effect.  Because the abutting yards are fenced and the yard to the east
   contains an outdoor swimming pool and the yard to the west has surface
   parking, it may not be desirable to provide openings to these areas. 
   Staff therefore recommend this advice for consideration only rather than
   as a requirement (see conditions of approval, 2(d), in Appendix B).

   (5)  Parking:  The proposed provision of parking, loading, passenger
   loading and bicycle spaces meets Parking By-law requirements.

   Sign By-law Amendment:  If the application is approved at Public
   Hearing, an amendment to the Sign By-law will be required to establish
   sign regulations for this CD-1 site in accordance with Schedule B (C-5). 
   Until recently, Sign By-law amendments were simply brought forward for
   enactment by Council at the time it enacted the CD-1 By-law for a site.

   On February 25, 1997, Council approved a Sign By-law amendment which
   requires the payment of fees for privately-initiated Sign By-law
   amendments, including a nominal fee for adding CD-1 sites to Schedule B. 
   Henceforth, CD-1 rezoning applicants will be required to make
   application and pay a fee for amending the Sign By-law to establish sign
   regulations for a CD-1 site.

   As this rezoning application was made prior to February 25, 1997, staff
   recommend that the required Sign By-law be undertaken as near as
   possible to the usual manner, i.e. through an application by the
   Director of Land Use and Development.

   Environmental Implications:  The proposed rezoning will neither detract
   from nor contribute to the City s objective of reducing atmospheric
   pollution.  However, increasing city housing capacity is best achieved
   on sites like this one which is in a pedestrian-oriented environment and
   which is well-served by public transit.  

   Social Implications:  The proposed rezoning has no implications with
   respect to the City s Children s Policy and the Statement of Children s
   Rights.  As a condition of rezoning approval, a legal agreement will be
   registered on property title preventing discrimination against families
   with children in the sale of dwelling units.

                                 *   *   *   *
                                                                 APPENDIX D
                                                                Page 1 of 2

   COMMENTS FROM REVIEWING AGENCIES, THE PUBLIC AND THE APPLICANT

   Engineering Services:  The General Manager of Engineering Services
   advises that Engineering has no objection to the proposed rezoning
   provided that conditions of approval, listed in Appendix B, are
   addressed prior to CD-1 By-law enactment.

   Health Department:  Environmental Health staff indicate that acoustical
   criteria should form part of the CD-1 By-law, including a requirement
   for an acoustical consultant s report which assesses noise impacts on
   the site and recommends noise mitigation measures. 

   Fire Department:  The Fire Prevention Engineer advises that there are
   some Building By-law issues with the proposed form of development, but
   that these can be addressed at the development application stage.

   Police Department:  Crime Prevention staff advise that the site is
   located in a medium-to-high crime impact environment.  Environmental
   design is recommended at the development application stage to reduce
   opportunities for theft from auto, bicycle theft, break and enter, and
   mischief such as graffiti and skateboarding [incorporated in conditions
   of approval, 2(ii), Appendix B.]

   Urban Design Panel:  The Urban Design Panel reviewed the application on
   May 22, 1996 and did not support it (2-6).  The current revised proposal
   which addressed Panel and Planning staff concerns, submitted on
   July 8, 1996 and reviewed in this report, was supported by the Panel on
   September 11, 1996 (8-0).  Panel advice has been incorporated in
   recommended conditions of approval [see 2(i) and (iii) in Appendix B],
   including a wish to review and advise on a detailed scheme of
   development at the development application stage in view of the lack of
   detail shown on the plans submitted with the rezoning application. 

   Public Input:  A previous rezoning application on this site  submitted
   in November 1995 proposed a height of 16 storeys and an FSR of 5.0. 
   After being informed of that application, many neighbouring residents
   immediately raised concerns about the impacts of building height on
   views and sunlight access.  At the advice of staff, the applicant
   invited surrounding neighbours and the general public to an open house
   on December 12, 1995.  In February 1996 the applicant withdrew the
   application and proposed to consult the neighbourhood in the preparation
   of a revised proposal.

   In February 1996, the applicant held two workshops with a group of
   residents representing various community interests.  Meetings were also
   held with the owners of the adjoining apartment buildings, Berkley Tower
   and English Bay Towers, and also the owners of the Sands Hotel across
   the street from the site.
                                                                 APPENDIX D
                                                                Page 2 of 2



   The present application was submitted on April 17, 1996.  By letter
   dated April 26, 1996, staff informed surrounding property owners (373)
   of the new application.  Ten letters were subsequently received which
   opposed any increases in height and FSR above what is permitted in the
   C-5 District.  The Urban Design Panel reviewed the application on
   May 22, 1996 and did not support it.  

   A revised proposal, with FSR 3.4 and height of 18.3 m (60 ft.) and seven
   storeys, was submitted on July 8, 1996 in response to neighbourhood,
   Planning staff and Urban Design Panel concerns.  A donor site for
   heritage density transfer was also identified at this time.  This
   revised proposal, assessed in this report, was supported by the Urban
   Design Panel on September 11, 1996.

   Applicant s Comments: The applicant has read the report and comments as
   follows: 

         We would like to thank the individuals and groups whom over the
        past 19 months have participated in the formation of this
        application including, neighbourhood residents, adjacent property
        owners, City Planning staff and the Urban Design Panel.  This
        application proposes solutions to issues identified by this
        consultative process while at the same time meeting objectives of
        community repair, support of Heritage Preservation Policy, and
        creation of new housing opportunities in the West End.  We
        respectfully urge City Council to support these aspirations as
        embodied in this application. 





                                 *   *   *   *
                                                                 APPENDIX F

                        APPLICANT, PROPERTY OWNER AND DEVELOPER INFORMATION

       APPLICANT                         Baker McGarva Hart (Architects) Inc. (Jeff Olsen)
       PROPERTY OWNER                    393166 BC Ltd. (contact: Wing Li)

       DEVELOPER                         n/a

                                                   SITE INFORMATION AND STATISTICS

       STREET ADDRESS                    1762 Davie Street

       LEGAL DESCRIPTION                 Lot 12, E HLF & W HLF, Block 62, District Lot 185, Plan 92
       SITE AREA                         803.21 m2 (8,646 sq. ft.)

       WIDTH                             20.12 m (66 ft.)

       DEPTH                             39.93 m (131 ft.)

                                                       DEVELOPMENT STATISTICS

                                         DEVELOPMENT              PROPOSED                  RECOMMENDED
                                         PERMITTED IN             DEVELOPMENT               DEVELOPMENT
                                         C-5 DISTRICT                                       (if different than
                                                                                            proposed)

       LAND USES                         Commercial,              Commercial,
                                         Dwelling Units           Dwelling Units
       DWELLING UNITS                                             29

       MAX. FLOOR SPACE RATIO                                                                   
         Commercial/Other                1.2                      0.3 (  8.8 %)             min. 0.3, max. 1.0
         Residential                     2.2                      3.1 ( 91.2 %)             max. 3.1
         TOTAL                           2.2                      3.4 (100.0 %)             max. 3.4
       FLOOR AREA
         Commercial                       964m2(10,375sq.ft)       241m2 (2,594sq.ft)
         Residential                     1767m2(19,021sq.ft)      2490m2(26,803sq.ft)
         TOTAL                           1767m2(19,021sq.ft)      2731m2(29,396sq.ft)

       MAXIMUM SITE COVERAGE             n/a (50% in RM-3A)       54% (Residential)

       MAXIMUM HEIGHT                                             18.3 m (60 ft.)
         Outright                        18.3 m ( 60 ft.)
         Conditional                     64.0 m (210 ft.)
       MAXIMUM FRONTAGE FOR              7.7 m (25 ft.)           15.5 m (51.9 ft.)
       INDIVIDUAL COMMERCIAL
       OCCUPANCIES

       FRONT YARD/SETBACK                not permitted at         0.0 m at grade;
                                         grade                    4.6 m (15.1 ft.) at
                                                                  2nd storey;
                                                                  7.1 m at 7th storey

       SIDE YARD/SETBACK                 not permitted, but       0.0 m at grade;
                                         horizontal angle of      varies from 3.0 m (9.8
                                         daylight required for    ft.) to 9.5 m (31.2
                                         dwelling use  [min.      ft.) on upper storeys;
                                         3.7 m(20 ft.)            horizontal angle of
                                         unobstructed view]       daylight requirement
                                                                  is met
       REAR YARD/SETBACK                 not required, but        5.0 m (16.4 ft.) at
                                         4.6 m (15.1 ft.)for      grade; 4.6 m (15.1
                                         any residential use      ft.) at 2nd & upper
                                                                  storeys


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