November 12, 2013
Most of the below come from Megan Carvell Davis affidavit in . She had already stated the issue in a comment on the bike lane vs the park post, but then unaware of the covenant exact terms, I have no commented on that before. The below is under the light of this covenant attached in :
Some historical context
The land known now as Hadden park (originally given to CPR as a provincial crown grant in 1886) was promised to be a harbour, according to the CPR wishes:
The CPR always had some development plans for this Kitsilano area, and those encountered opposition at the time (“already many nimby there!”): Even the park board objected to see this area (the land east of Chestnut, was also slated to be an indian reserve by the federal government), to be turned into a major facility for shipping, this in July 1919 . The area was then looking like below:
“According to the 1933 journal of Major J.S. Matthews, Vancouver’s first city archivist, on his final trip to Vancouver in 1928,
Mr Harvey Hadden, a real estate business man from London, expressed the view that he would “like to do something for Vancouver which had done so well for him-in his real estate investments”. Hadden accepted the proposal of his former architect and friend, Mr S. M. Eveleigh that there should be a waterfront park connecting the Kitsilano Indian Reserve to Kitsilan Beach.” 
In October 1928, Mr Hadden, gave for a $1 and subject to a covenant, to the city of Vancouver, the properties he had just purchased from the CPR. That is block 136 and 137 (DL 526), then valued at $41,000, are shown below:
The city accepted the gift, and the covenant.
Hadden park, as we know today, consists of
- Block 136 and 137 (DL 526) as donated by Mr Harvey Hadden
- “Closed road” Maple and Cypress, North of Ogden, on April 27, 1931
- “water lots” 5780 and 5781 granted by the Province of british columbia, on June 12, 1935
- The Centennial Totem pole erected in October 1958, is in the Cypress ROW north of Ogden
- Part of those land has been filled up, noticeabily to erect the maritime museum in 1958, and the unleashed dog area is also on this area
The term of the Hadden Trust are that Hadden Park (that is stricto senso applying to block 136 and block 137 as illustrated above)
- “shall be used as and for a Public Park or recreation ground and not for any other purpose whatsoever”
- “shall be improved and put in shape as a public park or recreation ground, but in carrying out such improvements the Board of Park Commissioners shall keep the property as near as possible in its present state of nature subject to such alterations or changes as may be reasonable necessary for its preservation and for the safety and enjoyment of the public. it being the desire of the grantor that those using the Park shall as far as reasonably may be enjoy the same in its natural state and condition”
The maritime museum
In the 1950’s, the city had acquired the St Roch vessel and was looking for a place to moor and preserve it.
After much controversy, a decision was made to house the St Roch into a new building: the maritime museum. This will be built circa 1958, on land granted by the Province in 1935: The “water lots” 5780 and 5781 have been partially filled for that purpose, and that has been considered at one point as not violating the covenant by the city . The fact that the blocks 136 and 137, have lost de facto, their waterfront status, is considered as a violation of the riparian right of the said blocks, this, according to the Hadden park conservators .
The dog off-leash area
The covenant, stipulates that “the grantee shall use and maintain the properties for park purposes and the beach for bathing more especially for women and children”. In 1998, the park board approved Hadden Park Beach as an off-leash dog area, while that dogs are not allowed on bathing beaches, according to the park bylaws .
The enforcement of the covenant in that matter per-suppose, that the blocks 136 and 137 have riparian right, but the city viewpoint could be that:
Mr Hadden rights did not extend below high water mark as he did not hold title to the water lot which was at that time in the name of the crown. He therefore had no power to convey any rights with respect to bathing on the beach .
The letter and the spirit of the covenant
The spirit of the covenant could not have been respected that well, but so far the letter of the covenant has been relatively well respected (neither the maritime museum, nor the totem pole are on properties donated by Hadden). Basically, the only alteration the properties has seen since 1928, has been the installation of benches (already there circa ~1940), and can be considered, as a reasonnable alteration forward a better enjoyment of the park. The construction of a bike path, directly on block 136-137 could certainly set a major precedent:
Main source is the lawsuit filled by Megan Carvell Davis 
 lawsuit filled by Megan-Carvell-Davis-vs-City-of-Vancouver, on Nov 4th, 2013
 park by laws City of Vancouver, Jan 1st, 2008.
 Corporation counsel letter to city, November 20th, 1957, as attached in 
October 28, 2013
Some people ask,
Many parks have bike paths, or scenic drives. Some have even a train, what is the problem with Kits beach?
The problem is one of geometry:
- A park needs to be accessible
- The smaller is the park, the more a new infrastructure impacts it
- The larger a park is, the more it needs to have access infrastructure, if one want to see it “used”.
According to what is measured, the impact of a bike path along Kits beach (around 1.1km) is between 2.5% of the total park area to 10% of the effective green space (vegetation):
In comparison, John Hendry park (Trout lake) is 27Ha and has a ~900m bike path. Kits beach a 50% smaller park, could have a bike path 40% longer than John Hendry park. The Trout lake bike path occupies roughly 1% of the park area. A number order of magnitude lower than in the Kitsilano Beach case
- Some shapes are better than other
Comparing surfaces area disregarding their shapes is missing the most critical informations on the quality of the space
Kitsilano is a narrow “strip park”, which usuability can be quickly compromised, if it can’t offer swaths of grass of sufficient size for spontaneous activities, usually occuring on grass that is ball games but not only; spontaneous activities typically occur on space with non defined use.
A good picnic site, in addition of a good view, also requires an agreable environment able to maintain a minimun of “social distance”, with other people and activities…what requires a certain size, too
One of the problem with a bike path into Kitsilano park, as initially approved by the park board , is that it will impact other activities justifying a park in the first place. If the park board proceeds as it wants, there is no doubt, the bike path will be successful, but that also means, that our seaside will become increasingly homogeneous, geared toward the enjoyment of cycling only, instead to offer a wide and diverse range of recreational activities
Fortunately, it is possible to provide a safe and scenic ride to cyclists, with minimal impact to the park, and its current usages, as we have seen here and in more detail, there. The question rest, does the Park board will finally listen?
 twitter user neil21
 Seaside Greenway Improvements,Vancouver Park Board, Oct 1st, 2013
 flickr user keepitsurreal
October 16, 2013
…Or should a bike lane be built at any price…
The Vancouver park board, seems to believe that the public consulation on the Cornwall-Point Grey bike lane, makes a similar public engagement redundant when comes the time to design a seaside bikelane at Kitsilano Beach. Instead, an intercept survey was chosen: the following question was asked to 370 “park users” :
|Our goal is to make walking and cycling in and through the parks safer, more convenient, and more comfortable – without compromising the many ways, people use the park. Do you support this goal?|
95% naturally supported this laudable goal…but does that give license to the park board to aprove anything, as long as it is called a bike lane, as it has done on October 7th by approving a $2.2 million path bisecting the Kitsilano park?
The need for a bike lane
There is no question that Kitsilano park is very well used: bikes and pedestrians cohabitation on the current seaside path is problematic. In an effort to reduce conflicts, cyclists are asked to dismount on the stretch along the beach itself on busy days… Some cyclists comply….
There is no question either that cyclists are here overwhelmingly on a leisure trip, looking at a seaside experience:
- the fact that a route thru Kits point is unconvenient to commuter cyclist is a reason why it has not been pursued by the Cornwall-Point Grey team 
- The selected route, York, didn’t remove the need to improve cycling facilities for recreational user looking at a seaside experience.
This was recognized in the Cornwall-Point Grey consultation, deferring improvment to the existing seaside greenway between Balsam and Burrard to further consultation with park users ….
Instead of “improvments” to the existing path, the park board is preferring to build a new one, albeit a reasonnable option…but which is proceeding without consultation:
…That is the most detailled map provided by the Park board staff ….it was considered good enough by the Vancouver park board to approve the project on October 7,2013.
The alignment raises several questions:
- it doesn’t connect in any meaningful way with the York Avenue bike lane
- it seems to multiply the zone of conflicts rather than to reduce them between the foot of Yew street and the Boathouse restaurant (this part of the park is heavily used by sun bathers)
- In other part of the park, it “sterilizes” large swath of the park, that is bisecting the park in such way that some part become practically unsuable as illustrated below -where a ~10 meter wide strip is made unavailable for usual park use:
- That could be done at Balsam street on the West side, but more importantly at either Yew street or Arbutus street on the East side
The bike lane could have been put on Arbutus street, a neighborood street in Kits point, but apparently the park board has considered the 66feet wide street too narrow for adding a bike lane:
A similar observation could be done at Hadden park, where cyclist are already separated of the sea by the Maritime musseum, and where a bike path on Ogden avenue could not compromise the seaside experience either:
In both case, it requests to suppress some parking spots. Something the park board seems wary to do, in fact the report mentions :
The parking lot at the foot of McNicholl Street will be reduced but leave twenty spots, including ten with waterfront views. Impact on parking revenues is considered to be negligible.
Should we be relieved that no parking spot with water front view has been endangered by the bike lane?
Beyond the park board, here lies the problem of the party ruling Vancouver: As we have noticed before, their bike lanes agenda, is a single and narrow minded one…it is one consisting of laying down bike lanes at the exclusion of any other considerations and for that, it follows the path of least resistance, instead to make clear choice:
- Reallocating space for cyclits at the expense of the car, and not other vulnerable users
Everything needs to give way to the bike lane.
The connection between Hadden park (Ogdon Avenue) and Kitsilano beach (Arbutus) should have been open to discussion: Does a bend to follow as close as possible the shoreline (like done in the proposal) is really necessary?
- One should weight the benefits of a brief moment of extra scenery for cyclists against the costs of eliminating prime space for picnickers, and constructing a longer and convoluted route (eventually preventing cyclists to spread out further west
Thought that the usual suspects will be against the kitsilano bike lane for the sake to be against a bike lane, they will feel conforted in their battle by being joined by people coming of a quarter which should haven’t been bothered: the defensors of our parks….
One doesn’t need to be against bike lanes, to recognize, once again, tha lack of judgement from the Vancouver park board: Eventually due to lack of proper consultation, this bike lane suffering of lack of though is ill conceived (*).
We already hear the unconditional supporters of bike lanes pointing at the successfully used bike lane to prove us wrong…Exactly same logic could apply whether the park board had elected to build a parking lot instead of a bike lane.
(*) To be sure it is a done deal suffering no discussion 
 Seaside Greenway Improvements,Vancouver Park Board, Oct 1st, 2013
 Seaside Greenway Completion and York Bikeway (Phase 1 of Point Grey-Cornwall Active Transportation Corridor),General Manager of Engineering Services, City of Vancouver, July 16, 2013
 Kits Beach bike path a done deal, Sandra Thomas, Vancouver Courier – October 15, 2013
June 12, 2013
May 21, 2013
…or perceived safety and objective safety of the cycle tracks
Usually, Urban segregated bike lanes (cycle tracsk) are perceived as safer than non segregated one, by many cycle advocates and public alike. Alas most accident statistics say otherwise, and most scientific studies conclude, consistently overtime, that segregated bike lanes impair safety by ~20% ( summarizes and complete previous studies, see also a list of studies at ), some older studies putting this number up to 4 time higher .
Of course, it is possible to find some studies saying otherwise, but usually those studies show significant methodology shortcomings. To focus only on recent Canada centric examples:  draws conclusion on cycle track from a field study conducted in cities not having such infrastructure per sei, as seen in  and obvious selction biais discredit results from  (more critics here and there):
In urban area, most of the cyclist accidents are due to conflict with motor vehicles (85% in French cities according to the OSNIR), and most of them occur at intersection: In Canadian cities, 50% of fatal accidents and 72% of accidents resulting in serious injury occurred at intersections .
Thought, that a separated bike lane can remove potential conflicts along a road, and is recognized to reduce risk in such cases, it makes matter worse at intersections: This is mainly due to the fact cyclists, not on the road, tend to be overlooked by other road users, generating conflict at road intersections. The increased risk for cyclist is illustrated below:
Aware of this fact, Some transportation professional organizations don’t recommend separated bike lane: it is the case for the AASHTO in the USA, or the CERTU for urban area in France. A position supported by numeorus cyclist organizations, be in France (FFCT, Fubicy) or Germany (ADFC), which have been at best rather neutral on the development of segregated cycle track, in some case opposed, and consistently advocating against the mandatory use of it. That eventually became the case for most of the french cycle track, circa 2000. For this later purpose a new road sign has been introduced, and Germany is following track:
An issue is that motorists tend to ignore the difference, and harass cyclists not using the cycle tracks
Traffic engineers, on their side, sometimes eager to remove cyclist of the road for their “good”, have worked to increase the safety of separate bike lane:
Reintroduction into general traffic at intersection
Treating cyclist as pedestrian at intersection
Cycling Commuters are generally not impressed by those treatments, which are just slowing down their commute, even when the obligation to walk the bike at intersections (Hong Kong case), is obviously widely disregarded by cyclists using such facilities.
The Copenhagen’s Treatment: Blue cycle crossings
It has been “invented” in Copenhagen in 1981: The basic idea is to mark the area of conflict between motor vehicles and cyclists so road users pay more attention to this conflict and cyclists have a lane marking through the junction area. Alas, while it is found effectively reducing the number of accidents (and injuries) with one line, it increases it with 2 lines or more, according to .
A reason for that is that, it becomes too much solicitation for the motorist than he can process – resulting in an increase of rear ending collisions and red light runnings; and provides a false “sense of safety” to the cyclists, becoming more complacent- not doing head check or using hand signals according to - what is consistent with the “naked street and risk compensation theories.
…and more often that not:
Separated bike lanes come with a panoply of restrictive sign
All, in the name of cycling safety of course…
But at the end, it is sometimes better to give-up
…than to cut the trees:
Should we be Against the separated bike lane?
or…Should we support the helmet law under evidence of greater safety provided by the helmet
Both generate passionate debates, and unfortunately, both generate biased scientific literature too.
Same logic apply to the cycle tracks: there is no need to deny their negative effect on road safety, or to produce biased studies to try to counter evidence, to support them: that is only conductive of complacency with poorly designed cycle tracks which do no good for cycling. Former Vancouver Planning Director, Brent Toderian was able to implicitly recognize the safety issue and supporting it : What is important is to produce evidence that the positive effect they induce outweigh their negative ones
 Traffic safety on bicycle paths – results from a new large scale Danish study, ICTCT workshop Melbourne, 2008
 Signalreglerade korsningars funktion och olycksrisk för oskyddade trafikanter – Delrapport 1: Cyklister. Linderholm, Leif, Institutionen för trafikteknik, LTH: Bulletin 55, Lund 1984
 Risk of injury for bicycling on cycle tracks versus in the street, Anne C Lusk, Peter G Furth, Patrick Morency, Luis F Miranda-Moreno, Walter C Willett and Jack T Dennerlein, Injury Prevention, February 2011. doi:10.1136/ip.2010.028696.
 Route Infrastructure and the Risk of Injuries to Bicyclists: A Case-Crossover Study, Teschke K, Harris MA, Reynolds CC, Winters M, Babul S, Chipman M, Cusimano MD, Brubacher JR, Hunte G, Friedman SM, Monro M, Shen H, Vernich L, Cripton PA., American Journal of Public Health: December 2012, Vol. 102, No. 12, pp. 2336-2343.
 Safe Cycling: How Do Risk Perceptions Compare With Observed Risk?, Meghan Winters, Shelina Babul, H.J.E.H. (Jack) Becker, Jeffery R. Brubacher, Mary Chipman, Peter Cripton, Michael D. Cusimano, Steven M. Friedman, M. Anne Harris, Garth Hunte, Melody Monro, Conor C.O. Reynolds, Hui Shen, Kay Teschke, Injury Prevention, Canadian Journal of Public Health , Vol 103, No 9, 2012
 Bicycle Quaterly
 Gary James
 Conclusion of both  and  are drawn from a study carried from May 2008 to Nov 2009 in Toronto and Vancouver. To the bets of our knowledge, it was no “cycle track” in Toronto, and the only ones able to qualify in Vancouver, were an experiment started on July 2009 on Burrard Bridge, with no intersection along the ~1km cycle track segment, and a ~300m segment in one direction on a quiet street (Carral street) with ~300 cars at peak hour with only one very quiet intersection (Keefer street) featuring ~120 car at peak hour (From City of Vancouver’s 2006 traffic count) what is barely representative of a typical cycle track: The result provided for the cycle tracks is hence certainly irrelevant, and that is the reason it stands as an outlier.
 Bicycle Infrastructure Studies review by Ian Brett Cooper
 Bicycle Guidelines and Crash Rates on Cycle Tracks in the United States, Anne C. Lusk, Patrick Morency, Luis F. Miranda-Moreno, Walter C. Willett, Jack T. Dennerlein, American Journal of Public Health, July 2013
  draws conclusion by comparing current crash rate on some cycle tracks with some numbers collected, sometimes in specific situation- like a study on Boston’s bike messengers- more than 10 years ago, without correcting them of external factors, like significant general crashes reduction rate in the last decade, and well documented safety in number effect affecting more particularly the cyclists. Furthermore, one could argue that the “crash rate” is a very poor, if not uncorrelated, proxy, to qualify the safety of a road infrastructure: Roundabout are well-known to increase the rate of crashes, vs a signaled intersection, but they are also well recognized to reduce the risk of serious injuries, most of the crashes being limited to fender-bender type. In other word, a crash rate ratio is not representative of the safety social cost of an infrastructure…what ultimately matter. More awkward  suggests that “The AASHTO recommendations may have been influenced by the predominantly male composition (more than 90%) of the report’s authors” without being able to substantiate this assertion, showing that we have here more a opinion paper: attacking the gender of authors to disqualify their works, seems pretty petty at best!
 Vulnerable Road User Safety: A Global Concern, Transport Canada, 2004.
 Safety effects of blue cycle crossings: A before-after study, Søren Underlien Jensen, Accident Analysis & Prevention, Volume 40, Issue 2, March 2008
 Evaluation of Blue Bike-Lane Treatment in Portland, Oregon. Hunter,W.W., Harkey, D.L., Stewart, J.R., Birk, M.L., Transportation Research Record 1705, 2000
 The finding of  seems in fact to suggest that the increase in accident and injuries are mainly among motorists, and eventually moped: so that in fact the blue line could effectively be not than “unsafe” for cyclists. Unfortunately, the paper doesn’t provide detailed break down of the injuries according to the transport mode. In any case, the measured global effect is a negative one
 Vancouver Embraces Bikes, Adds Lanes, Tim Newcomb, Planning;, Vol. 77 Issue 2, Feb2011
April 25, 2011
Interesting picture since it highlights how “dull” can be the architecture standard in Vancouver, but Denman street is still a great street (by Vancouver Standard) in a well desired neighborhood.
That illustrates more than perfectly the thesis that what is important is not how high or architecturally interesting is a building, but how it meets the people where they are-on the ground…Thesis defended by architect Jack Diamond at a city of Vancouver sponsored event last Tuesday night …and a reason explaining the success of Vancouver urbanism (somewhat termed vancouverism) , in despite of somewhat bland architecture to speak the least.
Denman has all the ingredients to be a great street:
- It is properly oriented to benefit of sunlight most of the day, while still offering interesting lighting condition changes during the day
- It Connects the south and north shore of the peninsula, with great vantage viewpoint at both end, and inviting perspective on English bay
- Stanley park, the beaches, the seawall, all provide a great deal of pedestrian traffic to capitalize on
- It is a human scale short stretch street making a consistent beautification project of it very doable
That said, Denman suffers of some flaws to become a “great” street: it doesn’t capitalize on its natural strengths but tends to ignore it.
After touring the Stanley park, riding the seawall, or lazying on the beaches, the natural prolongation of those hedonist moments is to enjoy some more urban time at a sidewalk cafe…
Sure, Denman, doesn’t lack of cheap food joint, and also has some patio restaurants, but does it offer what we are expecting in such location?
On Denman, there is no sidewalk cafe allowing you to enjoy, while still contributing to, the street-life (what could epitomize the “european style sidewalk cafe” experience). Since Denman street is a very short street which is experienced by virtually 100% of Vancouver tourists the lack of proper treatment of it by a city so pride of its image is for the least, curious.
Why there is no European style sidewalk cafe here ? Is it due to a cultural difference or a poor treatment of the street, which call for lack of inviting experience? is it a fatality Denman street has to resign to ?
Since sidewalk cafe experience can be found in numerous place in North america, and in less extend in Yaletown, Cultural differences fail to explain why Denman shouldn’t be able to offer such an experience.
- There is no lack of people, and potential customers, but the street is not designed for enjoyment…sidewalk are too narrow and crowded, and clearly not sized to allow sidewalk cafes.
- In despite of lack of bike lanes, cyclists are numerous, but bike rack are at a premium,
- vehicular traffic is heavy on Denman, but in fact of the 4 lanes dedicated to vehicular traffic, one is used for parking most of the time, and erratic movement on traffic lanes, like left turns, cyclists, bus stops, jaywalkers, directional lane at Robson….make the street not having much more throughput capacity that a reasonably designed 2 traffic lanes street.
Reduction of Denman to 2 traffic lanes + a median lane is a necessary step to a greater street.
- The median lane can be used to avoid slower traffic like cyclists, bus stopping, right turning vehicle or as “storage” lane for left turning
- the median lane can also encourage “responsible” jay walking what is good in heavy traffic area, since it relieve congestion at designated sidewalk crossing, and contribute to make the street a more “shared space”
- The sidewalk should be the main beneficiary of the space reallocation. benches should be installed and sidewalk patio should be encouraged.
The inspiring model could be “cappucino strip” (south terrace) in Fremantle, Australia:
Denman is on the notoriously slow number 5 route. There is little reason to think that the alteration of the street as suggested above should affect this route. That said this route has considerable flaw as illustrated below:
The problem, is not that much the driver giving an insanely circuitous route, the problem is that the transit system is designed in such a way that the driver answer is a correct one!
The Translink route map extract below shows why:
The Vancouver centric view of the transit network, make the transit option from North-Shore to the Westend not necessarily appealing. Thought that the Georgia bus stop is a mere 350 meters away of Robson, it can be a pain to have to walk that distance either under the rain or in the cold. To add to the frustration, people using the route 6, will have to spend extra time at the time point at Davie and Denman.
All that can be corrected easily:
- Extend both routes 5 and 6 to Denman North to provide direct seamless connection at Georgia street with the countless bus routes using this later corridor.
That extension adding less than 1km to each bus trip, could have limited effect on operating cost, but could make the system much more comprehensive in the area.
That is: there are lot of reasons to revisit the street space allocation and transit in the Denman area
 Gordon Price
 Exploring Denman street- From English bay to Cola Harbour Dana Lynch, Inside Vancouver, June 16, 2009
 Achieving new height in archiecture excellence, April 19, 2011