A6
ADMINISTRATIVE REPORT
Date: October 1, 1996
Dept. File No.000 301
TO: Vancouver City Council
FROM: General Manager of Engineering Services
SUBJECT: Proposed Encroachment of a Pedestrian Bridge
over the Lane for Edith Cavell Hospital
RECOMMENDATION
THAT Council agree to the encroachment of the pedestrian bridge
over the lane south of 12th Avenue, west of Sophia Street subject
to the following conditions:
i) The annual rental to be $1842, subject to review every 5
years, in accordance with the recommendation of the Manager
of Real Estate Services.
ii) Subject to the approval of Council, the encroachment
agreement may be cancelled upon 6 months notice, if the area
is required for municipal purposes.
iii) The agreement to be to the satisfaction of the Director
of Legal Services.
iv) No legal right or obligation shall be created and none shall
arise hereafter, until the documents are executed.
COUNCIL POLICY
There is no Council policy directly related to this matter.
PURPOSE
The purpose of this report is to seek Council's authority for the
rental to be charged for the encroachment of the proposed pedestrian
bridge and to provide for Council authorization, should the City wish
to cancel the agreement prior to the demolition of the bridge. Had it
not been for these two variations from the standard provisions of the
Encroachment By-law, staff could have finalized this agreement without
referral to Council.
BACKGROUND
On June 29, 1995, Council at Public Hearing, agreed to rezone the sites
at 2835 and 2855 Sophia Street to allow the construction of a
'Community Care/Multi-Level Care Facility'. Prior to enactment, the
applicant was to satisfy a number of conditions.
The concept presented to Council involved two building components, one
on either side of the lane, being joined by a multi-level pedestrian
bridge over the lane. One of the conditions to be met, prior to
enactment of the CD-1 By-law, is for arrangements to be made for the
encroachment over the lane. We are proposing validating the bridge
encroachment by an agreement prepared pursuant to the Encroachment
By-law.
DISCUSSION
In order to provide for a rental based on current market rates, we
requested the advice of the Manager of Real Estate Services. The
rental recommended is considerably more than set out in the schedule to
the by-law. It is therefore required that Council authorize the rental
as recommended by the Manager of Real Estate Services.
In addition, the owners of Edith Cavell Hospital have expressed concern
that the City intends to have cancellation provisions in the proposed
agreement. This is a standard provision in these types of agreements,
and is intended to provide Council with the ability to use the streets
and lanes of the City should the need arise in the future. To allay
the concerns of the owners, we propose to provide for cancellation upon
6 months notice, after approval by Council. The owners' representative
has indicated this is satisfactory to them.
CONCLUSION
The General Manager of Engineering Services recommends that the
proposed pedestrian bridge over the lane south of 12th Avenue, west of
Sophia Street, be validated under the provisions of the Encroachment
By-law, subject to the conditions set out in this report.
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