ADMINISTRATIVE REPORT

Date: May 15, 2001
Author/Local:M.G. Thomson/7328

RTS No. 02072

CC File No. 5753

Council: June 12, 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 a Portion of the South Side of Terminal Avenue, East of Station Street

RECOMMENDATION

A. THAT Council close, stop-up and convey to the abutting owner, Canadian National Railway Company Limited ("CN") all those portions of the south side of Terminal Avenue, east of Station Street as shown hatched on the plan attached hereto as Appendix "A" subject to the following conditions:

1. The conveyance to occur for a nominal sum of $10.00;

2. The subject portions of road to be closed are to be subdivided with the adjacent Parcel 1 District Lot 2037 Plan LMP 39747 to the satisfaction of the Approving Officer (the "CN Lands Subdivision") including:

a. the provision of a 20 foot wide lane at the rear of proposed Lots 1, 3, 4 and 6 to the satisfaction of the General Manager of Engineering Services; and

b. the provision of a 15 foot wide temporary greenway from Station Street to Cottrell Street to the satisfaction of the Director of Current Planning and the General Manager of Engineering Services,

as each is shown on the plan attached as Appendix "A"; and

c. dedication of (Phase I) streets through Parcel 1 consistentwith the False Creek Structures Plan to the satisfaction of the Approving Officer.

3. All such other terms and conditions as may be required or deemed necessary by the General Manager of Engineering Services, Director of Legal Services or the City Manager.

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 the 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 27, 2001 Council authorized the City Manager to enter into negotiations with CN for a property transfer involving an exchange of a 7.62 m (25 ft) wide strip of Terminal Avenue, for certain interests in land that will provide a future greenway and road through the CN site as set out in the report from the Director of Current Planning dated March 20, 2001 and on terms and conditions satisfactory to the City Manager, the General Manager of Engineering and the Director of Legal Services.

PURPOSE

The purpose of this report is to obtain Council authority to close, stop-up and convey all those portions of the south side of Terminal Avenue, east of Station Street, as shown hatched on Appendix "A" to CN as owner of the adjacent Parcel 1 for inclusion in the CN Lands Subdivision.

BACKGROUND

Canadian National Railway Company is the largest landowner in the Flats. It is currently in the process of rationalizing its rail operations. In the Main Yard, between Terminal and Industrial Avenues, CN is proposing to reduce rail operations into a narrow width of track and free up the remaining property for sale or redevelopment. This requires subdivision ofan approximate 40 acre parcel; the largest parcel of land in the Flats.

In March 2000, the Approving Officer received a preliminary proposal from CN to subdivide their central yard (Parcel 1) into five parcels (Appendix A). Parcel 1 fronts on Terminal and Industrial Avenues, Station and Cottrell Streets, and is a total area of 16.05 ha (39.66 ac).

Details of the subdivision were reported to Council in March, 2001 and in April, 2001. Those reports required a number of agreements to be negotiated and reported back.

DISCUSSION

On March 27, 2001 Council authorized the City Manager to enter into negotiations with CN for a property transfer involving an exchange of a 7.62 m (25 ft) wide strip of Terminal Avenue, for certain interests in land that will provide a future greenway and road through the CN site as set out in the report from the Director of Current Planning dated March 20, 2001 and on terms and conditions satisfactory to the City Manager, the General Manager of Engineering and the Director of Legal Services.

CN has now agreed to provide a 20 foot dedicated lane at the rear of proposed Lots 1, 3, 4 and 6, and to provide for and construct a 15 foot wide temporary greenway from Station Street to Cottrell Street in exchange for a 25 foot wide strip of Terminal Avenue.

The General Manager of Engineering Services has determined that the 25 foot wide strip of Terminal Avenue is surplus to the City's road needs and can be closed, stopped-up and conveyed to CN. The acquisition of the lane and temporary greenway are critical to the realization of the CN Flats portion of the False Creek Structures Plan. The temporary greenway will facilitate pedestrian and bicycle access across the 1 km site from Station Street to Cottrell Street. As outlined in the structure plan the temporary greenway will eventually be replaced with CN providing and constructing a wide (80 to 100 feet) boulevard including the permanent greenway aligned diagonally across the site.

Inclusion of this 25-foot strip in the new lots will allow a greater lot depth, thereby increasing development potential by permitting the larger floorplates desired by high-tech businesses and by optimizing the layout of the underground parking. There will be further urban design benefits for Terminal Avenue in that the new buildings can be located closer to the street, creating a better defined, and more urban, edge condition.

As such the City Manager has negotiated an exchange of the 25 foot wide strip for the lane dedication and for construction of a temporary greenway such that the portion of Terminal Avenue to be closed and stopped-up will be conveyed for a nominal $10.00.

The closed road will be included within the CN Lands Subdivision dedicating back to theCity the portions of Terminal Avenue required for an ALRT Electrical Substation and an existing sewer pump station.

Additionally the City will acquire road dedications, sewer rights-of-way and options to purchase for future road dedications as necessary to realize the CN Flats portion of the False Creek Structures Plan. The subdivision will be to the satisfaction of the Approving Officer.

CONCLUSION

The General Manager of Engineering Services in consultation with the Director of Legal Services and the City Manager recommend approval of Recommendations A, B and C so as to achieve the conveyance of a 25 foot wide strip of the south side of Terminal Avenue to CN for inclusion in the CN Lands Subdivision.

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(c) 1998 City of Vancouver