ADMINISTRATIVE REPORT

Date: October 27, 1998

Author/Local: R.Louie/7156

RTS No. 233

CC File No. 5807

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services, in consultation with the Director of Legal Services
SUBJECT:	Pacific Place Holdings Ltd. Area 1B - Beach Neighbourhood Shoreline Licence for Occupation of Crown Lands - Bed of False Creek

RECOMMENDATION

A.THAT Council authorize Pacific Place Holdings Ltd. (formerly Concord Pacific Holdings Ltd.) to apply on behalf of the City of Vancouver to the Province of British Columbia for a Licence to occupy the Licensed Area for the purposes of access, construction and the existence of Shoreline Protection Works on the Licensed Area.

B.THAT , upon completion of the Shoreline Protection Works on the Licensed Area, Council authorize Pacific Place Holdings Ltd. to apply on behalf of the City of Vancouver to the Province of British Columbia to obtain the necessary Statutory Right-of-Way to replace the Licence to occupy.

C.THAT Council authorize the Director of Legal Services to execute all documentation necessary to apply for the Licence and Statutory Right-of-Way and to execute such Licence and Statutory Right-of-Way on terms and conditions satisfactory to the City Engineer and the Director of Legal Services.

COUNCIL POLICY

At a Public Hearing on April 2, 1996, City Council approved a rezoning of the Beach Neighbourhood East - Area 1B site from BCPED to CD-1. As a condition of this rezoning, the applicant was required to enter into a Shoreline Protection Works Agreement to secure the construction of such works.

PURPOSE

The purpose of this report is to seek Council approval to enter into a Licence Agreement to be followed by a Statutory Right-of-Way for the construction and maintenance of certain Shoreline Works on those portions of the bed of False Creek as shown cross-hatched in Appendix A (the "Licensed Area").

DISCUSSION

As a condition of the CD-1 Rezoning for the Beach Neighbourhood East lands, Pacific Place Holdings Ltd. was required to enter into the Shoreline Protection Works Agreement. This agreement obligates Pacific Place Holdings Ltd. to design and construct the Shoreline Protection Works within the dedicated road along the Area 1B shoreline, but also allows portions of the works to encroach onto Crown Lands, provided that Pacific Place Holdings Ltd. obtains the necessary Licence from the Province on behalf of the City. The Licence would be granted in favour of the City, as owners of the Shoreline Works, and access for construction would be assigned to Pacific Place Holdings Ltd. by the City.

Pacific Place Holdings Ltd. has submitted a preliminary design for the Area 1B shoreline which is currently under staff review. Upon completion of this design process, staff will report back to Council for approval of the final design of the shoreline walkways, seawall, and slope improvements. However, it is clear from the preliminary design that Shoreline Protection Works will be encroaching onto Crown Lands. Pacific Place Holdings Ltd. has applied on behalf of the City to the Province of British Columbia for the issuance of a Licence for the Licensed Area and the Province has now required that the City of Vancouver authorize Pacific Place Holdings Ltd. by way of resolution to apply on behalf of the City for this Licence.

As part of Pacific Place Holdings Ltd.'s obligations under the Shoreline Protection Works Agreement, they are required to submit a survey confirming the limits of the Shoreline Works upon completion of construction. If any of the Shoreline Works are contained within the Licensed Area, Pacific Place Holdings Ltd. is also obligated to obtain from the Province of British Columbia a Statutory Right-of-Way for those portions of the Licensed Area which contain the Shoreline Works.

In order to proceed with the design and construction of the Shoreline Works, staff seek Council approval to authorize Pacific Place Holdings Ltd. to apply for the Licence Agreement and any necessary Statutory Right-of-Way from the Province of British Columbia for the Licensed Area and for Council approval for the Director of Legal Services to execute such Licence Agreement and Statutory Right-of-Way on terms and conditions satisfactory to the Director of Legal Services and the General Manager of Engineering Services.

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(c) 1998 City of Vancouver