ADMINISTRATIVE REPORT Date: November 8, 1995 Dept. File No.2122-30 TO: Vancouver City Council FROM: General Manager of Engineering Services SUBJECT: GM Place - Office Area Encroachment RECOMMENDATION THAT Council grant permission for the change in building use for portions of GM Place offices encroaching on City streets, and that the annual charge required under Section 10(1) of the encroachment by-law (#4243) be waived. COUNCIL POLICY On October 7, 1993, Council granted permission for portions of the Arena development encroaching on City streets and waived the annual charge required under the encroachment by-law. PURPOSE This report recommends approval of a change in use for building area encroachments, on newly dedicated streets, and waiving of the annual charge required under By-law #4243 for encroachments on City streets. BACKGROUND The proposed form of development for the Arena included a system of walkways, bridges, and stairways and areaways (with storage and mechanical spaces below) for pedestrian circulation around the arena. Because the walkway system provides important pedestrian linkages between the False Creek grade and the downtown grade, and were on land being dedicated to the City at no cost. Council granted permission on October 7, 1993 for the portions of the Arena development encroaching on existing and future City streets and waived the annual charge required under the encroachment by-law. On October 19, 1993, Council enacted the zoning for the Arena site after Northwest Arena Corporation fulfilled the zoning conditions. The conditions included dedication of the area under the Dunsmuir and Georgia Viaducts as City street and entering into a legal agreement with the City outlining the conditions of their encroachment, including such things as viaduct maintenance provisions for the City and removal of encroachments. Since October 1993, the form of development has changed to incorporate the deletion of the office tower component and the addition of the Grizzlies basketball organization. The changes include the use of the space below the stairways and areaways on City streets for approximately 100 square meters of offices related to the building operation, in addition to storage and mechanical equipment. DISCUSSION Prior to the Arena site rezoning, the viaducts were permitted on the site by a right-of-way which limited the use to bridge related purposes only and which gave the owner the right to build under the bridges. The area under the viaducts are now dedicated as street, giving the City control over their use. Council has approved the building encroachments and waiving of the encroachment fee for the walkways, mechanical and storage areas, and ticket areas. To incorporate additional arena uses, the building use has changed from ticket areas to offices related to the building operation. Staff recommend that the change in use to office area be permitted within the previous approval of a nominal encroachment fee for the building portion on newly dedicated streets. * * * * *