Vancouver City Council |
ADMINISTRATIVE REPORT
Date: November 13, 2003
Author/Local:MG Thomson/7328
RTS No. 03724
CC File No. 5753
Meeting Date: December 2, 2003
TO:
Vancouver City Council
FROM:
General Manager of Engineering Services in Consultation with the Director of Real Estate Services and the Director of Legal Services
SUBJECT:
Closure of a Portion of the Lane South of 6th Avenue,
East of Cambie StreetRECOMMENDATION
A. THAT Council close, stop-up and convey to the abutting owners:
1. all that portion of the lane south of 6th Avenue, east of Cambie Street; and
2. all that portion of the south side of 6th Avenue, east of Cambie Street;
the same as both are shown hatched on the plan attached hereto as Appendix "A", subject to the terms and conditions as contained in Appendix "B".
B. THAT Council close, stop-up and convey to the abutting owners:
1. That Part of Lot 9 in Reference Plan 9380, Block 17, District Lot 302, Plan 5832;
2. That Part of Lot D in Explanatory Plan 18244, Block 17, District Lot 302, Plan 19777; and
3. That West 10 feet of the North ½ of Lot 1, Block 17, District Lot 302, Plan 5832;
each shown in bold outline on the sketch attached hereto as Appendix "C", all subject to their dedication back to the City as road as part of the subdivision plan as required as a condition of Recommendation "A". (see Appendix "B".)
C. 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.
D. THAT once the form of all legal documentation and plans has been approved by the General Manager of Engineering Services 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.
E. THAT the $75,000 sale proceeds are to be credited to the Property Endowment Fund (the "PEF") as per Council policy.
COUNCIL POLICY
The authority for closing and disposing of streets and lanes is set out in the Vancouver Charter.
Proceeds of the sale of surplus property, including City streets and lanes no longer required, are credited to the Property Endowment Fund.
SUMMARY
Canadian Tire proposes to construct a new, larger retail outlet at 2290 Cambie Street (6th Avenue - 7th Avenue). The new store will encompass the majority of the block. The development proposal requires the closure of the lane, south of 6th Avenue, east of Cambie Street. The closed lane will be exchanged for a new lane outlet to 6th Avenue, completion of the widening along Cambie Street and a widening of 7th Avenue for the bikeway. Canadian Tire will be responsible for all construction costs related to City infrastructure surrounding the site.
PURPOSE
The purpose of this report is to obtain Council authority to close, stop-up and convey a portion of the lane south of 6th Avenue, east of Cambie Street and a portion of the south side of 6th Avenue, east of Cambie Street.
BACKGROUND
Canadian Tire currently owns and occupies a store at 2290 Cambie Street, located on Lot D, except Part in Explanatory Plan 18244, Block 17, District Lot 302, Plan 19777. Canadian Tire has made a development application, under DE407204 to provide a new, substantially larger store. The proposal includes a three-level commercial building, with roof top and one level of below grade parking for 279 vehicles. The proposal includes 149,000 square feet of retail space. The application was heard by and granted approval by the Development Permit Board, subject to conditions on September 15, 2003.
Canadian Tire has made application to the General Manager of Engineering Services to purchase a portion of the lane south of 6th Avenue, east of Cambie Street, in Block 17 District Lot 302. The purchase is a prior-to condition of the development permit application.
On April 21st, 1925 William H. Powell, B.C.L.S. completed a survey prepared pursuant to the Special Survey Act of a significant portion of District Lot 302. The plan was registered in the Land Title Office on the 3rd of August, 1927 under Plan 5832.
Plan 5832 dedicated a 20-foot wide lane in Block 17 between Cambie Street and Yukon Street.
The City has acquired a number of street and lane widenings in Block 17, over subsequent years as follows:
a) The West 10 feet of the North ½ of Lot 1, Block 17, District Lot 302, Plan 5832 was acquired for widening of Cambie Street in June, 1946 and established as road by document filed 42424. It is still required for road purposes.
b) The North 7 feet, except the West 10 feet, of the North ½ of Lot 1, Block 17, District Lot 302, Plan 5832 was acquired for widening of 6th Avenue in June, 1946 and established as road by document filed 42424. Only a portion of it is still required for road purposes.
c) The North 7 feet of the North ½ of Lot 2, Block 17, District Lot 302, Plan 5832 was acquired for widening of 6th Avenue in June, 1946 and established as road by document filed 42424. It is no longer required for road purposes.
d) That Part of Lot 9 in Reference Plan 9380 Block 17, District Lot 302, Plan 5832 was acquired for widening of Yukon Street in June, 1967 and established as road by document 553939L. It is still required for road purposes.
e) That Part of Lot D in Explanatory Plan 18244 Block 17 District Lot 302, Plan 19777 was acquired for widening of 7th Avenue in October, 1986 and established as road by document P97424. It is still required for road purposes.
DISCUSSION
The General Manager of Engineering Services has determined that the subject portion of lane can be closed for inclusion in the new development, subject to provision of a new lane outlet to 6th Avenue, and a number of other terms and conditions described herein.
Additionally, the 7-foot widening of the south side of 6th Avenue, established in June, 1946 is no longer required for road purposes and can be closed, stopped-up and conveyed.
The lane south of 6th Avenue east of Cambie Street, contains a number of utilities including City sewers and B.C. Hydro, Telus and Terasen Gas infrastructure. These utilities will have to be relocated at the expense of Canadian Tire. This work is considerable. In addition, Canadian Tire will be responsible for all costs to decommission the existing lane and for construction of the new lane outlet, and road improvements adjacent to the development.
The new lane outlet to 6th Avenue as shown on Appendix "A" includes a wide turning radius in anticipation of the vehicles intended to serve the new development. An important consideration for supporting the lane closure is a confirmation that the new development contains no on-street loading or manoeuvring for delivery vehicles. Further Parcel 1, (see BJ186646) Block 17, District Lot 302, Plan 5832 at 2215 Yukon Street is occupied by a Canada Post facility. The trucks loading to the rear of this facility will require the larger turning radius in the lane. Additionally, they currently require a portion of said Lot D, except Part in Explanatory Plan 18244, Block 17 Plan 19777 for manoeuvring. Therefore as part of the exchange, the City seeks a 5-foot wide surface, statutory right-of-way as shown on Appendix A to provide for the extra manoeuvring room for the trucks loading to the Canada Post facility at 2215 Yukon Street.
In reviewing the application to close, stop-up and convey the lane, three additional dedications were identified, so as to improve the road network adjacent to the development. Each as shown on Appendix A, they are:
a) a 1253 square foot portion of said Lot D, Plan 19777 for widening of 7th Avenue. At this location 7th Avenue forms part of the City bike routes and this widening will improve safety at the intersection of 7th Avenue and Cambie Street;
b) a 610 square foot portion of Lot A (see 505145L) of Lots 1 and 2, Block 17, District Lot 302, Plan 5832 to achieve a 10-foot widening of Cambie Street. This dedication will complete the widening of Cambie Street in this block and provide a consistent Cambie Street frontage;
c) a 75 square foot (3.5 metres [11.48 feet] east-west by 4.0 metres [13.12 feet] north-south) corner-cut at the corner of 6th Avenue and Cambie Street. This corner-cut is required for the large trucks serving the new development to manoeuver around this corner.
The lane and road closures will be consolidated with the abutting lands to form a single parcel, generally as shown within the heavy outline on Appendix "A". The consolidation will be achieved through a subdivision plan which will dedicate as road the portions of private lands described herein as required for municipal street and lane.
The subdivision will also achieve dedication back to the City, as road, of three parcels of City land, which are currently "established as road", and as shown on Appendix C. This is a formal technicality, required merely to "clean-up"City-owned titles through the Land Title Office.
The subdivision will require application to and approval of the Approving Officer.
The Director of Real Estate Services has negotiated an exchange agreement such that Canadian Tire will pay $75,000 plus G.S.T. if applicable, for the portions of lane and road to be closed in excess of those lands to be dedicated as road and lane. Canadian Tire will complete the street and lane dedications required herein and will complete the street and utilities work as necessary.
Canadian Tire will be responsible for all plans, documents and Land Title Office fees to complete the closures, conveyances and dedications back to the City. All documents will be to the satisfaction of the Director of Legal Services.
Proceeds from the sale will be credited to the PEF as per Council policy.
CONCLUSION
The General Manager of Engineering Services in consultation with the Director of Real Estate Services, RECOMMENDS approval of the Recommendations A to E contained herein, so as to facilitate the development of a new Canadian Tire store on the east side of Cambie Street, between 6th Avenue and 7th Avenue.
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APPENDIX "B"
Terms and Conditions of Conveyance of Closed Road and Lane
A. The abutting owners ("Canadian Tire") to pay $75,000 plus G.S.T. if applicable, for the 5042 square feet of lane and the 623 square feet of road, each to be closed in accordance with the recommendation of the Director of Real Estate Services;
2. The closed lane and closed road are to be subdivided with:
a) Lot A (see 505145L) of Lots 1 and 2, Block 17, District Lot 302, Plan 5832;
b) Lot B (see 505145L) of Lots 1 and 2, Block 17, District Lot 302, Plan 5832;
c) Lot A of Lots 3 and 4, Block 17, District Lot 302, Plan 5832;
d) Lot B of Lots 3 and 4, Block 17, District Lot 302, Plan 5832;
e) Lot C of Lots 3 and 4, Block 17, District Lot 302, Plan 5832;
f) Lot 5, Block 17, District Lot 302, Plan 5832;
g) Lot 6, Block 17, District Lot 302, Plan 5832; and
h) Lot D, except Part in Explanatory Plan 18244, Block 17, District Lot 302, Plan 19777;to form a single parcel, the same as shown on Appendix "A". The subdivision to be to the satisfaction of the Approving Officer and the Director of Legal Services, and to include the dedication:
1. as lane of the 3341 square-foot portion of said Lot 6, Plan 5832;
B. as road of the 610 square-foot portion of said Lot A (see 505145L) Plan 5832; and
C. as road of the 1253 square-foot portion of said Lot D, Plan 19777.each as shown cross-hatched on the plan attached hereto as Appendix "A"; and further:
iv.) as road of a 3.5 metre east-west by 4.0 metre north-south (75 square feet) corner-cut at the corner of 6th Avenue and Cambie Street as shown shaded on the plan attached as Appendix "A".
3. As a condition of the required subdivision, the dedication as road of three (3) existing titles for portions of "established" City street on the perimeter of Block 17. They are:
A. That Part of Lot 9 in Reference Plan 9380, Block 17, District Lot 302, Plan 5832;
B. That part of Lot D in Explanatory Plan 18244, Block 17, District Lot 302, Plan 19777; and
C. The West 10 feet of the North ½ of Lot 1, Block 17, District Lot 302, Plan 5832.and are as shown in bold outline on the sketch attached hereto as Appendix "C".
4. A development permit for the new Canadian Tire store receives approval, subject to conditions from the Development Permit Board. The development proposal to containno on-street loading or maneuvering;
5. Registration of a right-of-way for all public utilities and/or access purposes over the area of lane to be closed, the right-of-way to be drawn to the satisfaction of the Director of Legal Services and the General Manager of Engineering Services and to remain in place until the building permit for the new Canadian Tire Store is issued, construction has begun and all utilities have been relocated as described herein;
6. Canadian Tire to be responsible for:
a) the construction and/or reconstruction of the curbs, gutters, sidewalks, boulevards, street lighting, pedestrian amenities including seating, crossings, and remarking (line painting) the perimeter roads as necessary;
b) confirmation that there are no utilities within the portion of 6th Avenue to be closed. In particular, there is a fire hydrant on this corner that we seek to confirm is not in the area to be closed. If any utilities are in the area to be closed, they will have to be relocated at Canadian Tire's cost;
c) Canadian Tire to make arrangements with (and provide copies of consents from) all affected public utility companies to relocate existing services. This will include, at a minimum, B.C. Hydro, Telus and B.C. Gas;
d) removal of any redundant lane entrances and restoration of the area with new curbs, sidewalks and grass boulevard;
e) the cost of opening and paving the new lane outlet;
all to the satisfaction of the General Manager of Engineering Services.
7. Storm and Sanitary Sewer Matters:
a) Canadian Tire shall pay for all construction costs associated with the proposed sewer modification work in the lane south of 6th Avenue, including any inspection costs incurred by the City and provide the City with a construction schedule. The City may complete a portion of this work depending upon the nature and extent of the proposed modifications;
b) All onsite storm drainage for the proposed consolidated lot shall be directed to one new storm sewer connection location. This location has yet to be determined and shall require field investigations by City forces. Canadian Tire shall pay for all investigations as required by the City;
c) Canadian Tire shall pay for any offsite storm sewer modifications that may be required to service the site. We cannot determine if modifications are required until we complete our field investigations to locate the storm sewer connection. The Cityreserves the option to complete this work at the expense of Canadian Tire;d) All onsite sanitary drainage for the proposed consolidated lot shall be directed to one new sanitary sewer connection location. The new sanitary sewer connection shall be located in the lane south of 6th Avenue;
e) Canadian Tire shall pay for the new storm and sanitary sewer connections;
f) Canadian Tire shall provide the City with design drawings showing proposed modifications to our sewer system. All drawings and construction documents are subject to review and acceptance by the General Manager of Engineering Services;
g) Canadian Tire shall pay for all inspections as required by the City to determine the acceptability of the proposed changes;
h) Storm runoff on the proposed lane dedication, from the lane south of 6th Avenue to 6th Avenue, must be controlled and directed to the City sewer system on 6th Avenue. Canadian Tire shall pay for any offsite storm sewer modifications that may be required. The City reserves the option to complete this work at the expense of the developer.
8. Registration of a Statutory Right-of-Way for access be registered over an approximate 5 foot-wide portion of the consolidated lot for the width of Parcel 1, the same as shown on Appendix A. No above-grade structures will be allowed within this area.
All documents to be drawn to the satisfaction of the Director of Legal Services in consultation with the General Manager of Engineering Services.
9. Confirmation by a Professional Engineer that the existing westerly wall of the building on Parcel 1 (see BJ186646), Block 17, District Lot 302, Plan 5832 at 2215 Yukon Street is capable of supporting a commercial lane load or to provide new structural support for the lane as required.
10. The abutting owner to be responsible for any necessary plans, documents and Land Title Office fees.
11. Any agreements are to be to the satisfaction of the Director of Legal Services.
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