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. * * * * *