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 ne ra l Ho me , Ho te l, Ne ig hb ou rh oo d Pu bl ic Ho us e, Pr od uc ti on or Re he ar sa l St ud io an d Re st au ra nt - Cl as s 2; an 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 R:\CC\REPORTS\COUNCIL\MAR25\P2.