ADMINISTRATIVE REPORT

Date: April 30, 2001
Author/Local: M.G.Thomson/7328 RTS No. 2031
CC File No. 5753

Council: June 5, 2001

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services in consultation with the Director of Legal Services and the City Manager
SUBJECT:	Proposed Closure of Portions of Beatty Street, Smithe Street and Expo Boulevard

RECOMMENDATION

A. THAT Council close, stop-up and convey to the owner of the abutting Lot 237 False Creek Plan LMP 13010 the 61.0 square metre portion of Beatty Street and Smithe Street and the 121.1 square metre portion of Smithe Street and Expo Boulevard each as shown in bold outline on the plan attached hereto as Appendix A subject to the following terms and conditions:

1. The dedication to the City as road of the 77.1 square metre portion of Lot 237 adjacent to Smithe Street and the 203 square metre portion of Lot 237 adjacent to Expo Boulevard each as shown hatched on the plan attached as Appendix "A" such dedications to the satisfaction of the Approving Officer;

2. The consolidation of the portions of road to be closed and stopped-up with the balance of Lot 237 so as to create a single parcel the same as shown in heavy outline on the plan attached as Appendix "B";

3. The conveyance of the closed road to occur for a nominal sum of $10.00;

4. Registration of a temporary right-of-way or other arrangements tothe satisfaction of the City Engineer over the portions of the closed road until such time as the existing roads and services are relocated;

5. Registration of 2.0 metre x 2.0 metre (surface) pedestrian corner-cut rights-of-way at the intersection of Smithe Street and Beatty Street and Smithe Street and Expo Boulevard, the same as generally shown hatched on the plan attached as Appendix "B";

6. Registration of an agreement to the satisfaction of the City Engineer and the Director of Legal Services for provision and maintenance of a bulkhead to ensure continued support of Beatty Street adjacent to the site;

7. A review of all registered and unregistered charges to determine if amendments, modifications, deletions or replacements are required to any charge; and

8. All such other things as may be required or deemed necessary by the City Engineer, City Manager and the Director of Legal Services to complete the land exchange.

B. 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.

C. 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.

COUNCIL POLICY

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

On March 8, 2001 Council approved a Text Amendment for 875 Expo Boulevard (858 Beatty Street) subject to conditions including:

"LAND EXCHANGE (ii) execute an agreement, satisfactory to the City Manager and Director of Legal Services, to complete a land exchange of portions of the site and surrounding roads. The lands will be exchangedwith no cost to either party, except for conveyancing costs".

PURPOSE

The purpose of this report is to seek Council authority to close, stop-up and convey portions of Beatty Street, Smithe Street and Expo Boulevard to the owner of abutting Lot 237, False Creek, Plan LMP 13010.

BACKGROUND

On February 22, 2001 the City Engineer received a proposal to consider closing, stopping-up and conveying to Pacific Place Holdings Ltd. as owner of Lot 237 portions of Beatty Street, Smithe Street and Expo Boulevard, generally as shown in heavy outline on the plan attached hereto as Appendix A (on file in City Clerk's Office).

The proposal includes the dedication of widenings adjacent to Smithe Street and Expo Boulevard generally as shown hatched on Appendix "A". In the proposal there is a net gain in "road" area to the City of approximately 98 square metres.

On March 8, 2001, at Public Hearing Council recommended.:

"THAT the application by Matt Meehan, PCI Properties, and the Director of Current Planning, to amend the existing CD-1-by-law for 875 Expo Boulevard (858 Beatty Street) to replace residential use by commercial uses and to amend the False Creek North Official Development Plan to maintain the balance of residential and commercial uses in False Creek North, be approved subject to" a number of conditions.

Two conditions were:

"LAND EXCHANGE (ii) execute an agreement, satisfactory to the City Manager and Director of Legal Services, to complete a land exchange of portions of the site and surrounding roads. The lands will be exchanged with no cost to either party, except for conveyancing costs. The portions of lands proposed in the land exchange are generally shown" on Appendix A; and

"BEATTY STREET BULKHEAD (iii) execute an agreement, satisfactory to the General Manager of Engineering Services and the Director of Legal Services, for provision and maintenance of a bulkhead to ensure continued support of Beatty Street adjacent to the site".

DISCUSSION

The City Engineer has completed a review of the proposed road closures and can support theproposal subject to a number of conditions identified in Recommendation "A".

Principle to the conditions are that the portions of road to be closed are consolidated with the abutting lands and dedication through a subdivision plan of the widening strips along Smithe Street and Expo Boulevard. An advantage of the proposal is that redundant right turn lanes at the Smithe Street and Beatty Street and the Expo Boulevard and Smithe Street intersections are eliminated and the property lines for the proposed new development are regularized. As per Council's direction at Public Hearing the conveyance of the closed road to the abutting owner will be completed at a nominal fee of $10.00 for the land costs.

The internal review of the proposal identified the need for additional pedestrian rights-of-way at grade at the Smithe Street and Beatty Street, and the Expo Boulevard and the Smithe Street intersections. This will be achieved through registration of an agreement covering 2.0 metre by 2.0 metre corner cuts.

Further we will require a provision for and maintenance of a bulkhead agreement to ensure continued support of Beatty Street. Beatty Street is currently supported by approximately 70 feet of concrete wall, the remains of a building foundation, 65 feet of wood post and plank retaining wall and 170 feet of earth berm. The height of the retaining structures tapers from 10 feet at Smithe Street to 20 feet at Robson Street. The Bulkhead Agreement will protect the City's interests.

Finally, a full review of existing registered and unregistered charges will be required to determine if the exchange necessitates modifications, deletions or replacements.

CONCLUSION

The proposed exchange is consistent with Council's rezoning decision, will provide for the regularization of the street grid at Beatty Street, Smithe Street, and Expo Boulevard and will be accomplished at no cost to the City, with a small net gain of road area. Therefore the General Manger of Engineering Services in consultation with the Director of Legal Services and the City Manager recommends approval of Recommendations A to C.

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(c) 1998 City of Vancouver