Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Vancouver City Council

FROM:

General Manager of Engineering Services in consultation with the Director of Current Planning, the Director of Cultural Affairs
and the Director of Legal Services

SUBJECT:

Proposed Closure of Portions of Burrard Place and Thurlow Street

 

Link to Appendices A, B, C and D

RECOMMENDATIONS

A. THAT Council close, stop-up and convey to the abutting owner, Canadian Pacific Properties Inc. ("Marathon") all those portions of Burrard Place and Thurlow Street as shown hatched and cross-hatched on the plan attached here-to as Appendix "A" subject to the following conditions:

B. THAT Council accept the conveyance of the 76.4 square metre portion of Proposed Lot A as shown cross-hatched on the plan attached here-to as Appendix "C" subject to the following conditions:

C. THAT Council close , stop-up and convey to the owner of Proposed Lot B all that portion of City street shown cross-hatched on Appendix "D" subject to the following conditions:

D. THAT no legal rights shall arise and no consents, or permissions, are granted hereby and none shall arise or be granted hereafter unless and until all contemplated legal documentation has been executed, delivered by all parties, and registered in the Land Title Office where applicable.

E. THAT once the form of all legal documentation and plans has been approved by the City Engineer, and Director of Legal Services that the Director of Legal Services be authorized to execute and deliver such documentation and plans on behalf of the City.

GENERAL MANAGER'S COMMENTS

The General Manager of Engineering Services RECOMMENDS approval of A to E.

COUNCIL POLICY

The authority for closing and disposing of streets and lanes is set out in the Vancouver Charter.

On March 12, 2002 Council received the report of the Director of Current Planning that contained a number of recommendations related to a City Initiated Rezoning at Burrard Landing to accommodate a new Vancouver Convention and Exhibition Centre.

On September 20, 2001 Council received for Information the report "Vancouver Convention and Exhibition Centre Expansion - Pre-rezoning Design Review".

In February 2001, In Camera, Council approved a series of recommendations with respect to the Arts Complex, reaffirming the Building program, the waterfront site, and the objective of achieving both the Arts Complex and the VCEC on the Burrard Landing sites.

On October 22, 1996 Council approved the following recommendation contained in a report dated September 26, 1996 from the General Manager of Engineering Services:

"THAT Council approve, at no land cost, an exchange of streets and right-of-ways dedicated for the Burrard Landing commercial development rezoning with the new streets and right-of-ways dedicated for a convention centre development rezoning, if approved at public hearing."

SUMMARY

On March 12, 2002 Council approved a City Initiated Rezoning for portions of Burrard Landing so as to facilitate a new expanded Vancouver Convention and Exhibition Centre (VCEC).

It is acknowledged by the land owner and City staff that reconfiguration of the legal property boundaries will be necessary. Of critical importance is the creation of a westerly extension of Canada Place, west of Burrard Street.

It is necessary to seek Council authority to close, stop-up and convey portions of Thurlow Street and Burrard Place for consolidation with Marathon Lands and for consolidation with the Arts Complex Site all in exchange for new road establishments to achieve Canada Place westerly from Burrard Street to Thurlow Street and to "straighten" Thurlow Street between Cordova Street and the new portion of Canada Place.

The new road establishments will be achieved from Marathon Lands, the Arts Complex Site, a minor establishment (185.5 square metres) from the Harbour Green Park Area and a tiny (11 square metres) establishment from the Market Parcel.

Marathon will be responsible for all necessary plans, documents and Land Title Office fees.

PURPOSE

The purpose of this report is to obtain the formal Council authorities as necessary to close, stop-up and convey to Marathon portions of Thurlow Street and Burrard Place and to accept the conveyance of lands necessary to create a westerly extension of Canada Place, from Burrard Street to Thurlow Street and to straighten Thurlow Street, north of Cordova Street.

BACKGROUND

On September 15, 1995 Council approved rezoning of the Burrard Landing site. Council also approved a street system as required to serve the commercial development proposed in the rezoning.

The street system was dedicated to the City on November 22, 1996 upon deposit in the Land Title Office of Plans LMP 29892 and LMP 29895. The dedications included areas for shoreline protection, a waterfront walkway system and most particularly:

1. Cordova Street between Burrard Street and Jervis Street;
2. Burrard Place between the intersection of Canada Place and Burrard Inlet; and
3. Thurlow Street north of Cordova Street.

Plans LMP 29892 and LMP 29895 also created a number of (market) residential properties, commercial properties, the Arts Complex Site and land for Harbour Green Park.

In the fall of 1996 discussions were underway to select a site for an expanded VCEC. Marathon's Burrard Landing Site was one of the identified sites. The proposal included a concept for a new street system, including dedicated street for shoreline protection and waterfront walkway. Marathon sought confirmation from the City that streets and rights-of-way dedicated as part of the 1995/1996 Burrard Landing zoning could be exchanged, at no land cost, with any new streets and right-of-ways dedicated for a new VCEC.

On October 22, 1996, in Camera, Council approved the following recommendation of the General Manager of Engineering Services:

"THAT Council approve, at no land cost, an exchange of the streets and right-of-ways dedicated for the Burrard Landing commercial development rezoning with the new streets and right-of-ways dedicated for a Convention Centre development rezoning, if approved at public hearing."

Recent discussions have confirmed that the Burrard Landing site, a portion of which is represented within the heavy outline on Appendix A is considered an acceptable and desirable site for expansion of the Vancouver Convention and Exhibition Centre for numerous reasons.

DISCUSSION

On March 12, 2002 Council authorized the Director of Current Planning to proceed with a program leading to a City Initiated Rezoning of the Burrard Landing Site to allow for an expanded VCEC.

Marathon and City staff have reached agreement to proceed with a number of parcel reconfigurations independent of the rezoning process. All acknowledge that a critical aspect of an expanded VCEC is a westerly extension of Canada Place, from Burrard Street to Thurlow Street. This extension will be a viaduct structure, details of which will be subject to a future Council approval.

Marathon and City staff have met and reviewed the process as required to achieve the desired parcel reconfigurations and establishment of new City streets.

Recommendation A seeks Council authority to close, stop-up and convey to the abutting owner (Marathon) all those portions of Burrard Place and Thurlow Street as shown hatched and cross-hatched on Appendix "A" subject to a number of conditions as contained in Recommendation A.

The 5540 square metre portion of Burrard Place and Thurlow Street shown hatched on Appendix "A" is to be consolidated with adjacent Lot 25, Lot 26, Lot 27, Plan LMP 29892 and Lot 3 Plan LMP 51876 to form a single parcel as shown in heavy outline and labelled Proposed Lot A.

Out of Proposed Lot A Marathon will convey to the City the 3673 square metre portion as shown hatched on Appendix B. This portion will be established as road and will provide for the said westerly extension of Canada Place. Proposed Lot A will form the base parcel available for the new expanded VCEC.

The 679 square metre portion of Thurlow Street shown cross-hatched on Appendix A will be consolidated with Lot 24, Plan LMP 29892 to form a single parcel as shown in heavy outline and labelled Proposed Lot B on Appendix "B".

This 679 square metre portion of Thurlow Street is added to the Arts Complex Site to preserve a reasonable amount of street frontage for the Arts Complex. Other actions as described here-in will result in an eventual street frontage for the Arts Complex Site of a comparable nature to the current Lot 24.

Lot 24, the Arts Complex Site, is currently owned by Marathon. While a number of registered agreements are in place to ensure its eventual conveyance to the City, this exchange is anticipated to be completed while Lot 24 is still owned by Marathon.

To achieve the "straightening" of Thurlow Street requires three conveyances as follows:

Firstly, the 151 square metre portion of the Arts Complex Site as shown cross-hatched on Appendix "B". This will contribute to achieving an increased street frontage for the Arts Complex Site.

Secondly, the 185.5 square metre portion of Lot 21, Plan LMP 29892, the Harbour Green Park Area as shown cross-hatched on Appendix "B". Lot 21 is still owned by Marathon and like the Arts Complex Site there are a number of agreements to ensure its conveyance to the City. The establishment from Lot 21 represents less than 1% of Lot 21 and is anticipated to occur prior to its establishment as Park. The very minor loss of future park land has to be weighed against the overall benefits including a much more positive relationship between the Arts Complex and the Harbour Green Park Area. This includes a possible reduction in the underground encroachments into the park that have been anticipated as a result of the build-out of the Arts Complex.

Park Board staff will be reporting this matter to the Park Board. It should be noted, though, that the the subject lands are not currently in the control of the Park Board and full authority on this matter lies with Council.

Thirdly, the 11 square metre portion of Lot 20, Plan LMP 29895 as shown cross-hatched on Appendix "B". Lot 20, the Market Parcel has been sold (under an agreement to sell) by Marathon, however the buyer is required to complete the conveyance as described.

In accordance with the October 22, 1996 Council motion the various conveyances are to be completed for a nominal $10.00 each. The Director of Legal Services will be bringing forward resolutions as required to establish the described conveyances from Marathon to the City as road.

Marathon will be responsible for all necessary plans, documents and Land Title Office fees. Marathon has agreed to participate in a review of all registered charges to ensure appropriate amendments, modifications, deletions or replacements.

It is anticipated that as a result of further design development for the new expanded VCEC, a future subdivision of Proposed Lot A and potentially Proposed Lot B will be required. This anticipated subdivision may result in additional (replacement) roads and access points to Burrard Inlet. A covenant will be registered over the Remainder of Proposed Lot A to ensure this eventuality.

Approval of Recommendations B and C will add an additional 76.4 square metre portion to the Arts Complex Site. This transaction, as agreed to by Marathon is done not to increase the site area but rather to leave the Arts Complex Site with a street frontage (presence and access) comparable to the current configuration.

The net addition of 604.4 square metres should result in a larger Arts Complex site. Arts Complex boundaries may again change to accommodate the VCEC program as it is finalized. Participation in this exchange is to ensure a comparable street frontage.

Once the form of all legal documentation and plans have been agreed to, Recommendation E authorizes the Director of Legal Services to execute such documentation and plans.

While the actions described in this report to complete parcel reconfigurations are part of the facilitation of a new expanded VCEC, they are independent of the rezoning process and can be completed prior to rezoning enactment.

The new street system created by the completion of the actions described herein will provide immediate benefits to the new development on the south side of Canada Place, east of Thurlow Street and as such should be completed with or without regard to the VCEC.

CONCLUSION

The General Manager of Engineering Services in consultation with the Director of Current Planning, and Director of Legal Services recommend approval of Recommendations A to E so as to facilitate the establishment of a new street system in Burrard Landing and in anticipation of an application to rezone the site required for a new Vancouver Convention and Exhibition Centre.

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