ADMINISTRATIVE REPORT

Date: August 21, 2002
Author/Local: M.G. Thomson/7328

RTS No. 02911

CC File No. 8104/1203

Council: October 22, 2002

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	Woodward's Building Redevelopment - Encroachment Agreement for Existing Canopies

RECOMMENDATION

A. THAT Council waive all annual fees for the existing canopies from the "Woodward's Building" at 101 West Hastings Street, that encroach onto Hastings Street, Abbott Street and Cordova Street, generally in the location as shown within the heavy outline on Appendix "A"; and

B. THAT Council approval of Recommendation A be subject to registration of a standard Encroachment Agreement for the canopies to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services.

COUNCIL POLICY

Encroachment By-law No. 4243 establishes the annual fees for building encroachments onto City street and lane.

PURPOSE

The purpose of this report is to seek Council's authority to waive all annual fees under the Encroachment Bylaw for existing canopies from the municipally designated heritage building at 101 West Hastings Street.

BACKGROUND

On October 20, 1997, the Development Permit Board approved Development Application 217797. The approval permits significant renovations and additions to the former Woodward's Building at 101 West Hastings Street. The new development will contain retail/commercial uses and 417 market dwelling units and two sleeping units.

The proposal has been dormant for a number of years, although Council has considered and approved the recommendations contained in reports related to the development including:

1. On September 8, 1998, a report dated August 5, 1998 dealing with the closure of a small portion of the lane east of Cambie Street, south from Cordova Street;

2. On January 7, 1999, a report dated November 30, 1998 dealing with construction of a new pedestrian bridge over Cordova Street;

3. On January 7, 1999, a report dated December 1, 1998 dealing with existing encroachments including the old pedestrian overpass, the underground tunnel, the existing areaways and volumetric easements; and

4. On March 8, 2001 a report dated February 21, 2001 dealing with the underground tunnel and existing areaways.

A new proponent, who has an option to purchase the building, has sought to reactivate the development permit. There remain a number of conditions, placed on the development approval, that need to be satisfied. Included in these, is a condition to resolve matters related to existing encroachments including existing canopies.

DISCUSSION

The Woodward's Building occupies Lot E, Block 4, Old Granville Townsite, Plan LMP40092. There is an existing system of weather protection elements, ostensibly a series of canopies, that wrap around the building, such system encroaching onto Hastings Street, Abbott Street and Cordova Street.

As can be seen in Appendix A, this canopy system covers an area of 7180 square feet (667 square metres), and encroaches 7 feet 2 inches (2.20 metres) with additional elements encroaching a further 5 feet (1.50 metres) for a total encroachment of 12 feet 2 inches (3.70 metres). These elements:

a. are not demountable;
b. are not drained into the internal building drainage system;
c. do not always meet the established minimum height clearance of 9 feet. The portions below 9 feet are minimal.

These elements:

d. are part of the original building;
e. were built as canopies providing pedestrian weather protection and, are but for the City's standard definition canopies;
f. are considered heritage elements with retention desired by Heritage staff.

The General Manager of Engineering Services can support the retention subject to these canopies being included within an encroachment agreement. The proponent is agreeable, except they seek exemption from the annual fees.

The owner will be entering into standard encroachment agreement(s) including the provisions of annual fees, indemnities and termination provisions, in accordance with the Encroachment Bylaw for all existing building encroachments, including cornices, sills, sign bands, other minor architectural appertanences, and canopies, as described in this report.

Under the Encroachment Bylaw, canopies do not generate an annual fee. An application for canopies must however be approved by the General Manager of Engineering Services. In general, canopies must meet certain established criteria to be approvable. These include:

1. they must be fully demountable;

2. they must be drained internally into the building drainage system; and

3. they must meet a minimum clearance between the sidewalk grade and the lowest point of the canopy of 9 feet (2.74 metres).

If these criteria and other minor concerns are met, the canopies are approved, and no formal agreement is registered on title, rather the Encroachment Bylaw is applied.

Where the above criteria cannot be met, the canopies are not approved, or they may be approved, such as the case of the Woodward's canopies, subject to the registration of an agreement prepared pursuant to the Encroachment Bylaw.

At 7180 square feet the Encroachment Bylaw would dictate an annual fee of $21,205.00. This is calculated as $115 for the first 150 square feet, then $3 per square foot thereafter.

(i.e. [7180 - 150] x $3 + $115.00 = $21,205.00)

The proponent argues that the canopies are a pre-existing condition, the annual fee appears excessive given that the applicant is required to provide a pedestrian weather protection system; and that "heritage" goals are driving the retention of the current canopies.

Although this would represent a precedent, in this case staff support the waiving of annual fees, subject to the completion of an otherwise standard encroachment agreement.

CONCLUSION

The General Manager of Engineering Services RECOMMENDS Council approve Recommendations A and B, thereby further facilitating the Woodward's Building redevelopment.

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(c) 1998 City of Vancouver