111 Alexander Street - February 19, 2002

ADMINISTRATIVE REPORT

Date: January 31, 2002
Author/Local: Yin Lee/7409

RTS No. 2468

CC File No. 5807

Council: February 19, 2002

TO:

Vancouver City Council

FROM:

Director of Real Estate Services in consultation with the General Manager of Engineering Services, the Director of Legal Services and the Director of Current Planning

SUBJECT:

A New Statutory Right of Way in favour of the Greater Vancouver Sewerage & Drainage District at 111 Alexander Street

RECOMMENDATION

A. That Council authorize the Director of Legal Services to grant the Greater Vancouver Sewerage and Drainage District ("GVS&DD") a new Statutory Right of Way to replace the existing Statutory Right of Way registered as BF369531. The new right of way to be registered over Lots 20 to 25, except Part in the Right of Way of the Canadian Pacific Railway Company and Part in Reference Plan 10341, Block 1, District Lot 196, Plan 184, the same as generally shown within the bold outline on the plan attached hereto as Appendix "A", to allow for the construction of a new underground sewerage pump station with an above ground building to house the electrical components of the new pump station ( the "New Structure") and operation thereof, subject to the following terms and conditions:

1. Upon registration of the subject Statutory Right of Way, the GVS&DD to release the existing Statutory Right of Way registered as BF369531 from the titles to Lots 20, 21, 22 and 23, Except Part in the Right of Way of the Canadian Pacific Railway Company, Block 1, District Lot 196, Plan 184.

2. The New Structure is to be constructed easterly of the northerly production of the easterly limit of Columbia Street.

3. The design of the New Structure to be to the satisfaction of the City Engineer.

4. GVS&DD will be required to obtain the necessary approval by the Minister of Community, Aboriginal and Women's Services (the "Minister"), as specified under the Heritage Conservation Act for the demolition of the existing building and the construction of the New Structure.

5. A nominal fee of $10.00 is chargeable for the granting of the new Statutory Right of Way.

6. The GVS&DD to be responsible for any necessary plans and Land Title Office registration fees.

7. The Statutory Right of Way is to be drawn to the satisfaction of the Director of Legal Services. No legal right is hereby created and none shall arise until the new right of way document is executed and registered.

B. That Council approve the transfer of the property from the Property Endowment Fund ("PEF") to Capital Asset ("CA").

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

There is no applicable Council policy.

PURPOSE

The purpose of this report is firstly, to seek Council's authorization to grant a new Statutory Right of Way to GVS&DD to allow for the construction and operation of the New Structure and secondly, to seek Council approval for staff to transfer the property from PEF to CA.

BACKGROUND

The City-owned property at 111 Alexander Street, legally known as Lots 20 to 25, except Part in the Right of Way of the Canadian Pacific Railway Company and Part in Reference Plan 10341, Block 1, District Lot 196, Plan 184 (see Appendix "A") is located in the HA-2 (Gastown Historic District) zoning. It has a one storey building of approximately 440 sq. ft. The property is a Provincially designated heritage site. A portion of the property (the building and approximately 580 sq. ft. of patio space) had been rented out to different tenants as restaurant. The last tenant served the City notice to terminate the lease in 1999. At that time, the GVRD, representing the GVS&DD notified staff that they have plans to expand the capacity of the existing underground pumping facility by replacing it with a New Structure. The New Structure will have the ability to pump directly into a trunk sewer rather than to another GVS&DD pumping station, thereby avoiding the cost of double pumping. It will also have additional capacity to accommodate development growth in the area. The City will benefit from the operational efficiencies (the City paying for the majority of the operating expenses through City contributions to the GVRD), improved service reliability and capacity for future development growth in the area. Upon notification of the plan, the building has been kept vacant pending the outcome of the proposed expansion.

DISCUSSION

The GVRD has had preliminary discussions with the City's Heritage Planner on the demolition of the existing building and redevelopment of the site. Since the property is Provincially designated as part of the Gastown historic site, and owned by the City, the Director of Planning does not have the delegated authority to issue alteration permits. The GVRD must obtain approval from the Minister for any alterations to the site, in accordance with the Heritage Conservation Act. In past instances where direct Ministerial approval was required, the Province has required confirmation that the project has been approved by the Director of Planning through the development application process. City staff have also advised the GVRD to consult with the Gastown Historic Area Planning Committee concerning the demolition of the existing building and the construction of the New Structure.

The property is presently encumbered by a right of way in favour of the City over Lots 20 to 25, registered on June 16, 1989 in the Vancouver/New Westminster Land Title Office as GC80168, and a right of way in favour of GVS&DD over a portion of Lots 20, 21, 22 and 23, registered on September 29, 1992 in the Vancouver/New Westminster Land Title Office as BF369531. The property generated a rental revenue of $625.00 per month including property taxes as if levied. Once permit approvals are obtained and the new Right of Way document is executed and registered, the existing building will be demolished and the property will no longer generate any revenue. The property will not meet the mandate of the PEF; therefore, it should be transferred from PEF to CA.

CONCLUSION

The City will benefit from the New Structure. Therefore, staff recommend a new Statutory Right of Way be granted to GVS&DD, subject to the terms and conditions contained in this report. The property is not generating revenue and should be transferred from PEF to CA.

APPENDIX A

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TO:	Vancouver City Council
FROM:	Director of Real Estate Services in consultation with the General Manager of Engineering Services, the Director of Legal Services and the Director of Current Planning
SUBJECT:	A New Statutory Right of Way in favour of the Greater Vancouver Sewerage & Drainage District at 111 Alexander Street