ADMINISTRATIVE REPORT
Date: May 8, 1997
Dept. File No. 000 036
CC File No.: 5753-1
TO: Vancouver City Council
FROM: General Manager of Engineering Services
SUBJECT: Proposed Closure of a Portion of the South Side of Crowley
Drive, East of Gaston Street
RECOMMENDATION
THAT Council close, stop-up and convey to the abutting owner all
that portion of the south side of Crowley Drive, east of Gaston
Street, as shown in the heavy outline on the plan attached as
Appendix A, subject to the following conditions:
1) The conveyance to occur for a nominal fee of $10.00 plus
G.S.T. if applicable, for the 88.7 square metre (955 square
foot) portion of Crowley Drive to be closed;
2) The closed road is to be subdivided with the abutting lands:
a. dedicating for road the 34.2 square metre (368 square
foot) portion of closed road, as shown in heavy outline
on the plan attached as Appendix B; and
b. conveying back to the City for a nominal $10.00 plus
G.S.T. if applicable the 43.4 square metre (467 square
foot) portion of closed road shown hatched on the plan
attached as Appendix B for inclusion within proposed Lot
10;
each to the satisfaction of the Director of Legal Services and
the Approving Officer.
3) The abutting owner to be responsible for any necessary plans,
documents and Land Title Office fees;
4) Any agreements are to be to the satisfaction of the Director
of Legal Services;
5) No legal right or obligation shall be created and none shall
arise hereafter, until the documents are executed.
COUNCIL POLICY
The authority for closing and disposing of streets and lanes is set out
in the Vancouver Charter.
PURPOSE
The purpose of this report is to seek Council authority to close
stop-up, and convey a portion of the south side of Crowley Drive, east
of Gaston Street.
BACKGROUND
The subject area is within Phase III of the Collingwood Village
Development. On August 20, 1996 during Phase II of the said development
Subdivision Plan LMP 29644 was registered which dedicated as road the
entire area that is the subject of this report and is shown in heavy
outline on Appendix A.
At the time of approval of Plan LMP 29644 it was understood that only a
small portion of the subject area would be required by the City for road
purposes. Without the entire subject area being dedicated as road, Plan
LMP 29644 could not have been approved. This is due to the fact that the
subject area would have been left as a very small non-conforming parcel
being a Remainder of Block 1, Plan 12673. This was not supportable
within the Subdivision By-law. The other solution available beyond
dedication, was the consolidation of the subject area with the abutting
Block B, Plan 16130.
This solution was not practical due to complications from a lease on
Block B. Therefore the developer of Collingwood Village, Greystone
Properties Ltd. choose to dedicate the subject area, recognizing that it
would later be necessary to seek the Council Approval sought herein.
DISCUSSION
The majority of the subject area to be closed will, upon registration of
the subdivision plan be re-conveyed back to the City. The 34.2 square
metre (368 square foot) portion shown in heavy outline on Appendix B
will be dedicated as road. The 43.4 square metre (467 square foot)
portion of closed road shown hatched on Appendix B will be conveyed to
the City and consolidated with abutting lands to be used as park. This
is consistent with the overall Collingwood Village plan.
Only an 11.1 square metre (120 square foot) portion of the subject area
to be closed will be retained by the developer. It will be consolidated
with abutting lands to form a development site.
CONCLUSION
This report seeks the formal authorities required to rectify an anomaly
created when the boundaries of the legal lots that makeup the
Collingwood Village Development did not coincide with the boundaries for
various phases. Finalizing this arrangement will result in the various
portions of the subject area being in control of the appropriate
parties, being Engineering Services, the Board of Parks and Recreation
and the Developer. We recommend that all that portion of the south side
of Crowley Drive, east of Gaston Street shown in heavy outline on
Appendix A, be closed, stopped-up and conveyed to the abutting owner,
subject to the conditions set out in this report.
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