ADMINISTRATIVE REPORT

Date: February 4, 2000
Author/Local: N.E. Peters/7328
RTS No. 00946
CC File No. 5753

Council: February 22, 2000

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	Proposed Closure of the Lane East of Knight Street Between King Edward Avenue and the Lane North of King Edward Avenue

RECOMMENDATION

THAT Council close, stop up and convey to the abutting owners all that portion of the lane east of Knight Street between King Edward Avenue and the lane north of King Edward Avenue, shown hatched on Appendix "A", subject to the following conditions:

1. The portion of Lot 1, Blocks 1 & 3, District Lot 352, Plan 38952, shown cross hatched on Appendix "A", is dedicated for lane, subject to the City paying the abutting owners $ 210,786.00 as value for the portion of Lot 1 so dedicated. The source of funding to be The Property Endowment Fund (PEF) property sales (Cost Centre 800040);

2. The closed lane to be consolidated with the abutting lands to the satisfaction of the Approving Officer.

COUNCIL POLICY

The authority for closing and disposing of streets and lanes is set out in the Vancouver Charter.

PURPOSE

This report is to advise Council that the owners of the site at the southeast corner of KnightStreet and Kingsway have served notice, in accordance with the agreement they have with the City, that they wish to reconvey, to the City, the portion of the lane south of Kingsway east of Knight Street, which they acquired from the City in 1998. This lane was acquired by the owners for the assembly of a site for a commercial development. In addition, in accordance with the terms of the agreement, the City can convey back to the abutting owners the portion of lane that was dedicated at the time the above mentioned lane was closed, in order to provide alternate lane routing around the consolidated site.

BACKGROUND

On April 7, 1998 Council approved a report from the General Manager of Engineering Services which recommended the closure of a portion of the lane south of Kingsway east of Knight Street subject to a number of conditions. The applicant was to dedicate land for a new lane outlet along the easterly side of the proposed development, diverting lane traffic to King Edward Avenue. In addition, the applicant was to pay the City $210,786.00 for the closed lane. As part of the lane closure and related to the proposed redevelopment of the site, the applicant was required to make provision for a neighbourhood library in the new development being proposed. To ensure that the library amenity was obtained, provision was made for an option to purchase the portion of the site formerly lane, in the event the development did not proceed. This option for the City to re-acquire the lane could be triggered by either the City or the owner.

We have now received a request from the owners that the City purchase the portion of their site, formerly lane, because they do not wish to proceed with the development. Under the terms of the agreement with the City, the City may choose to convey the land which the owners dedicated as a new lane outlet or retain this lane outlet and pay the owners $219,214.00 as value for this land. As there is no need for this lane outlet if the original lane remains, there is no need to retain this land and we are therefore recommending that this lane be conveyed back to the abutting owners.

DISCUSSION

The City wished to ensure that if the redevelopment of the assembled site did not take place within a reasonable period of time, the City got the lane back. This was mainly due to the concerns the City and the neighbours had about the provision of the neighbourhood library. As the owners have now decided that they will not be proceeding with the development, it is appropriate that we take steps to get the original lane back and return the payment made to the City of $210,786.00.

There has been no money expended on the construction of the new lane, the physical closure of the old lane, or the relocation of utilities.

CONCLUSION

The development of the assembled site at the southeast corner of Knight Street and Kingsway will not be proceeding and the owners have requested that the City purchase the former lane in accordance with their agreement with the City. We are recommending that the City re-acquire the land for the lane south of Kingsway and return the lane dedicated by the owners for the alternate lane, which is now not required.

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(c) 1998 City of Vancouver