ADMINISTRATIVE REPORT
Date: February 6, 1996
Dept. File No. 120 573
TO: Vancouver City Council
FROM: General Manager of Engineering Services
SUBJECT: Burrard Landing - Proposed Closure of Portions of Unnamed
Roads North of Hastings Street and West of Burrard Street
RECOMMENDATION
A. THAT, once dedicated, all those portions of road shown hatched
on the attached plan in Appendix A be closed, stopped up and
leased to the abutting property owner, Marathon Realty Company
Ltd., at a nominal rate for interim uses.
No legal right or obligation is created hereby and none shall
arise thereafter until the lease is executed. The lease
agreement must be satisfactory to the Director of Legal
Services and the City Engineer.
B. THAT, once dedicated, all those portions of road shown hatched
on the attached plan in Appendix B be closed, stopped up and
leased to the abutting property owner, Marathon Realty Company
Ltd., at a nominal rate for marina uses, subject to the
conditions listed in Appendix C.
COUNCIL POLICY
Authority for closing and disposing of streets and lanes is set out in
the Vancouver Charter.
PURPOSE
This report requests Council approval to close, stop up and lease to the
abutting property owner, Marathon Realty Ltd., portions of road north of
Hastings Street and west of Burrard Street, once dedicated, for interim
use until construction of the infra-structure commences and for long
term use related to the marina operation for roads covered by water.
BACKGROUND
Upon enactment of the zoning for Burrard Landing, the roads in this
phase of the development will be dedicated to the City. Since the
developer has tenants occupying the land to be dedicated as road, and
would like the ability to continue the tenant's leases until
construction begins on the infrastructure, a condition was included in
the Burrard Landing referral report to accommodate interim uses. At
the public hearing on September 15, 1994, Council approved the rezoning
of 201 Burrard Street (Burrard Landing) subject to a number of
conditions including:
"THAT Council permit, at the discretion of the City Engineer,
either the lease back to Marathon, at a nominal rate of $100, or
the granting of an encroachment agreement (which, at the City
Engineer's discretion, may be for a nominal rate and for a fixed
term) of portions of the street dedication, including the
waterfront walkway, until required for construction of
infrastructure, the terms of the lease or the encroachment
agreement, as the case may be, to be to the satisfaction of the
Director of Legal Services and the City Engineer."
One of the requirements of subdivision for Burrard Landing is the
dedication of the extension of 'Burrard Place' to the harbour headline.
This dedication occurs in the waterlot where marina development is
permitted. The developer would like to lease back the water area over
the dedicated road for marina use.
A similar situation occurred in the first phase of Marathon's
development in Coal Harbour, the Marina Neighbourhood. On July 27,
1993, Council approved the use of the water area over dedicated road in
the Marina Neighbourhood development in Coal Harbour at a nominal fee
for marina operations. Subsequent to this, on September 14, 1993,
Council approved the closure and lease of portions of these dedicated
roads in the Marina Neighbourhood development to the abutting property
owner, subject to a number of conditions.
DISCUSSION
Marathon is presently finalizing the subdivision plan for Burrard
Landing and will be dedicating roads to the City. In order to lease
these roads back to Marathon, the roads, once dedicated, must be closed
and stopped up.
The portions of the road to be leased to Marathon on a temporary basis
until the roads are needed for construction of the infrastructure are
shown in Appendix A. As approved by Council at the public hearing, the
terms of the lease will be to the satisfaction of the City Engineer and
the Director of Legal Services.
The portions of the road to be leased to the developer for marina uses
are shown in Appendix B. The terms of the lease, listed in Appendix C,
are similar to the existing lease for the Marina Neighbourhood. As with
the Marina Neighbourhood, staff recommend that the road be leased back
to the developer at a nominal rate as the land will be dedicated to the
City by Marathon.
CONCLUSION
As approved by Council at the Burrard Landing public hearing for interim
uses and similar to the Marina Neighbourhood for marina uses, staff
recommend that portions of the road, once dedicated, be closed, stopped
up and leased to the abutting property owner, Marathon Realty Company
Ltd., at a nominal rate.
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