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:
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"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.
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