CITY OF VANCOUVER

ADMINISTRATIVE REPORT

 

Date:

June 1, 2004

 

Author:

M.G. Thomson

 

Phone No.

873.7328

 

RTS No.:

04307

 

CC File No.:

6007

 

Meeting Date:

June 22, 2004

TO:

Vancouver City Council

FROM:

General Manager of Engineering Services in Consultation with the Director of Current Planning and the Director of Legal Services

SUBJECT:

Proposed Closure of Portions of Unnamed City Streets for VCCEP

RECOMMENDATION

B. THAT Council authorize the City Manager to negotiate and implement an agreement with VCCEP, including reports back to Council as necessary for replacement connections, roads or access points to Burrard Inlet as well as around the VCCEP site, including a waterfront walkway/bikeway and any other things as may be required or deemed necessary by the General Manager of Engineering Services, the Director of Legal Services and the City Manager;

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 Director of Legal Services that she be authorized to execute and deliver such documentation and plans on behalf of the City.

CITY MANAGER'S COMMENTS

The City Manager notes that the exchange of lands at no cost has been done often on projects. In this case, the unnamed City Streets proposed to be closed were to provide for servicing, pedestrian and bike movements. Alternates will be provided along the water side of the new Convention Centre.

Therefore, the City Manager RECOMMENDS approval of A to D.

COUNCIL POLICY

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

On July 23, 2002, at a Public Hearing, Council approved a series of recommendations contained in report dated May 16, 2002 from the Director of Current Planning pertaining to a text amendment to 201 Burrard CD-1 Bylaw and Coal Harbour Official Development Plan permitting a Convention and Exhibition Centre.

On May 28, 2002 Council approved a series of recommendations contained in a report dated May 1, 2002 from the General Manager of Engineering Services pertaining to a reconfiguration of the adjacent road network including the creation of Canada Place and the current properties, Parcel D and Parcel E.

On October 22, 1996 Council approved the following recommendation contained in a report dated September 26, 1996 form the General Manager of Engineering Services:

"THAT Council approve, at no land cost, an exchange of streets and right-of-ways dedicated for the Burrard Landing commercial development rezoning with the new streets and right-of-ways dedicated for a convention centre development rezoning, if approved at public hearing."

SUMMARY

The Vancouver Convention Centre Expansion Project Ltd. ("VCCEP") has been proceeding with design work for a new facility on the lands north of Canada Place, generally between Thurlow Street and Burrard Street.

The design of the facility has expanded such that VCCEP now proposes to incorporate portions of unnamed City streets, north of Canada Place in their design in return for amended arrangements for a waterfront walkway/bikeway around their site and alternative access points to Burrard Inlet. VCCEP has made application to the General Manager of Engineering Services to acquire ownership of these unnamed and un-opened City streets.

It is necessary, to facilitate continued design development of the new Vancouver Convention and Exhibition Centre ("VCEC"), to seek Council authority to close, stop-up and convey the portions of unnamed City streets as shown hatched on Appendix "A". The subject roads were originally acquired, at no cost to the City, as part of a more complex road network to ensure access to the water and waterfront access around an earlier development scheme.

The City has secured, through a covenant, a waterfront walkway/bikeway as part of any development and/or construction over the site.

The City Manager will lead negotiations to ensure an appropriate design and location for replacement connections to Burrard Inlet including waterfront access around the VCCEP site is achieved. The conveyance of the closed roads will not be completed until an agreement between the City and VCCEP is achieved.

PURPOSE

The purpose of this report is to obtain the formal Council authorities to close, stop-up and convey to VCCEP the unnamed City streets shown hatched on Appendix "A".

BACKGROUND

On September 15, 1995 Council approved the rezoning of the Burrard Landing site, generally the lands bounded by Thurlow Street, Burrard Street and West Cordova Street. The street system associated with the rezoning was dedicated to the City on November 22, 1996 upon deposit in the Land Title Office of Plans LMP 29892 and LMP 29895. The dedications included areas for shoreline protection and a waterfront walkway/bikeway system.

In the fall of 1996 discussions were underway to select a site for a new VCEC. Marathon's Burrard Landing Site was one of the identified sites. The proposal included a concept for a new street system, including dedicated street for shoreline protection and a waterfront walkway/bikeway. Marathon sought confirmation from the City that streets and rights-of-way dedicated as part of the 1995/1996 Burrard Landing zoning could be exchanged, at no land cost, with any new streets and right-of-ways dedicated as part of a new VCEC.

On October 22, 1996, in Camera, Council approved the following recommendation of the General Manager of Engineering Services:

"THAT Council approve, at no land cost, an exchange of the streets and right-of-ways dedicated for the Burrard Landing commercial development rezoning with the new streets and right-of-ways dedicated for a Convention Centre development rezoning, if approved at public hearing."

On May 28, 2002 Council approved a series of recommendations contained in a report dated May 1, 2002 from the General Manager of Engineering Services. Those recommendations resulted in the closure of portions of Thurlow Street and Burrard Street that were dedicated in 1996 and their consolidation with the existing lands identified for the VCEC expansion.

The said series of recommendations resulted in the creation of Parcel E of the Public Harbour of Burrard Inlet, Plan BCP 1698 ("Parcel E") and the dedication of Canada Place between Burrard Street and Thurlow Street. When Parcel E was created it was anticipated that the new VCEC would make use of lands beyond the limits of Parcel E. A future subdivision was, and remains, anticipated so that the project will be contained on a single lot. The subdivision will address the issues of access to Burrard Inlet, a waterfront walkway/bikeway and could involve a connection to the existing Canada Place Trade and Convention Centre.

On July 23, 2002 Council approved, at a Public Hearing, a City Initiated Rezoning for portions of Burrard Landing to facilitate a VCEC expansion.

In the last 2 years VCCEP has taken over responsibility for the new facility. Early on, VCCEP identified the need for Parcel D of the Public Harbour of Burrard Inlet, Plan BCP 1698 ("Parcel D"), the former Arts Complex site to be included as part of the lands containing the footprint for the new VCEC. Council in September, 2003, supported the discharge of the City's interest in Parcel D (an option to purchase) subject to terms and conditions acceptable to the City Manager and the Director of Legal Services. The discharge has now taken place.

Recent design development work has resulted in the clear direction that the new VCEC will also occupy portions of Lot 23 of the Public Harbour of Burrard Inlet Plan LMP29892 ("Lot 23") and those portions of unnamed City Streets shown hatched on Appendix "A".

VCCEP has made application to the General Manager of Engineering Services to acquire ownership of the portions of unnamed City streets, at no cost, in return for amended arrangements for a waterfront walkway/bikeway around their site and alternative access points to Burrard Inlet.

DISCUSSION

VCCEP has made its preliminary development permit application and the application is proceeding through the normal review process. The application proposes construction over the unnamed City streets shown hatched on Appendix "A".

These subject roads were originally dedicated, at no cost to the City, for two primary purposes: firstly, to provide access to the water and secondly, to provide public access around the former development parcels through an extension of the City's waterfront walkway/bikeway network. This was to be a walkway/bikeway constructed on land. The current proposal is a pile supported walkway/bikeway over the water.

As part of previous road closures the City has acquired a no development covenant over the VCCEP site until such time as the form of development is approved and any replacement roads and access points around the site are secured, covenanted, established and/or dedicated. We also have a covenant that secures a waterfront walkway/bikeway as part of any development and/or construction over the site. A no development covenant is required to secure replacement access to the Harbour Headline.

The portions of unnamed City streets hatched on Appendix "A" are to be consolidated with Parcel D, Parcel E and Lot 23 to create a single parcel. This current proposal expands on the various road closures dealt with by Council in 2002. In accordance with the October 27, 1996 Council resolution these various conveyances are to be completed for a nominal fee of $10.00.

The program of replacement connections requires significant design development and negotiations with VCCEP. The City Manager will lead the negotiations with VCCEP to secure the required replacement connections, rights of way, establishments, and/or dedications with support from the General Manager of Engineering Services and the Director of Legal Services.

In addition to the closures, a number of elements related to VCCEP will require future Council approvals. This may include granting of various forms of tenure to VCCEP to use portions of Burrard Street for a connection to the existing trade and convention centre. However, the current recommended closures are required to ensure that both design and site preparation work can proceed with minimal delay.

VCCEP will be responsible for the preparation of all necessary plans and Land Title Office registration fees. Once the form of all legal documentation and plans have been agreed to, Recommendation D authorizes the Director of Legal Services to execute such documentation and plans.

While the actions described in this report to complete parcel reconfigurations are part of the facilitation of a new expanded VCEC, they are separate of the required development approvals and can be completed independently and will facilitate processing the preliminary development permit.

CONCLUSION

The General Manager of Engineering Services in consultation with the Director of Current Planning and the Director of Legal Services recommends approval of Recommendations A to D so as to facilitate, for VCCEP, a new expanded Vancouver Convention and Exhibition Centre.

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