ADMINISTRATIVE REPORT Date: June 25, 1996 Dept. File No. 2122-2 TO: Vancouver City Council FROM: General Manager of Engineering Services SUBJECT: Harbour Green Neighbourhood - Proposed Closure of Portions of Unnamed Roads North of Hastings Street from Jervis Street to Thurlow Street RECOMMENDATION THAT, once dedicated, all those portions of road shown hatched on the attached plan in Appendix A be closed, stopped up and leased to the abutting property owner, Marathon Realty Company Ltd., until commencement of infrastructure construction, at a nominal rate for interim uses. No legal right or obligation is created hereby and none shall arise thereafter until the lease is executed. The lease agreement must be satisfactory to the Director of Legal Services and the City Engineer. COUNCIL POLICY Authority for closing and disposing of streets and lanes is set out in the Vancouver Charter. PURPOSE This report requests Council approval to close, stop up and lease to the abutting property owner, Marathon Realty Ltd., portions of road north of Hastings Street from Jervis Street to Thurlow Street, once dedicated, for interim use until construction of the infra-structure commences. BACKGROUND Upon enactment of the zoning for Harbour Green Neighbourhood, the roads in this phase of the development will be dedicated to the City. The building is listed on the Vancouver Heritage Register in the 'A' category. Since the developer has tenants occupying the land to be dedicated as road, and would like the ability to continue the tenant's leases until construction begins on the infrastructure, a condition was included in the Harbour Green Neighbourhood referral report to accommodate interim uses. At the public hearing on June 29, 1995, Council approved the rezoning of 501 Bute Street (Harbour Green Neighbourhood) subject to a number of conditions including: -2- "THAT Council permit, at the discretion of the City Engineer, either the lease back to the property owner, or the granting of an encroachment agreement (either of which, at the City Engineer's discretion, may be for a nominal rate and for a fixed term) of portions of the street dedication, including the waterfront walkway, until required for construction of infrastructure, the terms of the lease or the encroachment agreement, as the case may be, to be to the satisfaction of the Director of Legal Services and the City Engineer." DISCUSSION Marathon is presently finalizing the subdivision plan for Harbour Green Neighbourhood and will be dedicating roads to the City. In order to lease these roads back to Marathon, the roads, once dedicated, must be closed and stopped up. The portions of the road to be leased to Marathon on a temporary basis until the roads are needed for construction of the infrastructure are shown in Appendix A. As approved by Council at the public hearing, the terms of the lease will be to the satisfaction of the City Engineer and the Director of Legal Services. CONCLUSION As approved by Council at the Harbour Green Neighbourhood public hearing for interim uses, staff recommend that portions of the road, once dedicated, be closed, stopped up and leased to the abutting property owner, Marathon Realty Company Ltd., at a nominal rate. * * * * *