SUPPORTS ITEM NO. 3
P&E COMMITTEE AGENDA
JUNE 27, 1996
ADMINISTRATIVE REPORT
Date: May 16, 1996
Dept. File No. AMH
TO: Standing Committee on Planning & Environment
FROM: Director of Land Use & Development
SUBJECT: Strata Title in Southlands
INFORMATION
The General Manager of Community Services submits this report for
INFORMATION.
COUNCIL POLICY
1. Council Policy is reflected in the City's Strata Title and
Cooperative Conversion Guidelines, which outline factors which
Council will consider when reviewing applications for converting
previously-occupied buildings to strata title or cooperative
ownership.
2. The Southlands Plan, adopted by Council on March 8, 1988, states as
follows:
"Section 6
Equestrian and Limited Agricultural Uses
3. Permit stables as a second principal building on a site thus
enabling the leasing or subsequent strata titling of stable
operations.
4. Permit small infill one-family dwellings on sites 2.25 acres
and over which have medium to large stable operations, thus
allowing the separate strata titling of infill units on sites
which provide significant equestrian facilities."
The Southlands Plan also references in several sections the
acceptability of nurseries and this continues to be listed as an
outright approval use in the RA-1 District.
PURPOSE
The intent of this report is to address the questions raised by Council
when considering the application to convert the previously-occupied
premises at 3152 and 3178 West 49th Avenue and 6550 Balaclava Street, to
strata title ownership.
BACKGROUND
The following information has been requested by Council:
1. the background of this site and previous Council dealings with it;
2. the impact of approval of this application for strata title
conversion on the neighbourhood; and
3. the impact of strata title on the Southlands Plan.
Council requested that the report addressing these questions be referred
to the Standing Committee on Planning and Environment and that
neighbours be notified of the Committee meeting. The City Clerk's
Office has carried out a notification for this purpose.
DISCUSSION
1. Background of the site at 3152 and 3178 West 49th Avenue and 6550
Balaclava Street.
Attached as Appendices A and B, are:
- the report to Council regarding the heritage designation of
the former "Gardner House" at 3152 West 49th Avenue, and
accompanying minutes; and
- supplementary information provided to Council regarding that
application, respectively.
On March 10, 1994, Council approved the recommendation to designate
the Gardner House as a municipal heritage site. Designation was a
prerequisite for a by-law relaxation by the Director of Planning,
under the heritage relaxations provision of the by-law (S.3.2.5) to
permit more than one principal building on this site. The Gardner
House is 81.000 m2 (872.00 sq. ft.) larger than permitted for an
infill dwelling but the combined floor area of the Gardner House
and the new principal dwelling is 281.000 m2 (3,024.00 sq. ft.)
less than permitted.
2. Impact of approval of this application for strata title conversion
on the neighbourhood.
As strata titling only relates to ownership and not to use, it is a
matter of speculation as to the impact of strata plan approval on
the continued operation of the commercial nursery on this site,
and on the two principal dwellings. If the application for strata
title were refused, the nursery could continue to operate under a
long term lease, as it does now, and Gardner House could be
occupied as rental accommodation. If the strata plan is approved,
the Gardner House could be sold as a strata lot or continue to be
occupied on a rental basis. Likewise, the nursery could continue
on a leasehold basis or it could be sold. Sale of the nursery
strata lot, either to the current lessee or another party, may or
may not assist in its continued operation.
Strata title does not convey any special privileges or
opportunities under the zoning, as pursuant to Section 2 of the
Zoning and Development By-law, the definition of "site", does not
include a strata lot. Therefore, future development or
redevelopment of this site, and any other that has been strata
titled, can only be considered in the context of the whole parcel,
and not on the basis of it being individual "sites". Consequently,
without future rezoning approval by Council and concurrent approval
by the Agricultural Land Commission, the future strata lot
containing the nursery operation could only continue in its present
use or be developed as part of the total site per the current RA-1
zoning. It could not be developed for residential purposes but
could be developed for equestrian purposes, per the RA-1
regulations.
3. Impact of approval of this application for strata title conversion
on the Southlands Plan.
As noted above, the Southlands Plan contains only two explicit
references to strata title. They both relate to permitting
additional development on sites in order to encourage equestrian
facilities (i.e., as an incentive). The Plan neither speaks for or
against strata title approval in other situations, such as a
property with a dwelling and a nursery. The Plan does not address
strata titling of a property with a nursery and two principal
dwellings because this situation, permitted under a Zoning By-law
relaxation for heritage purposes, was not contemplated during
preparation of the Plan.
The absence of any policy direction on this matter in the
Southlands Plan is by no means a deficiency in the Plan. Apart
from issues such as traffic and environment, the Plan's focus was
on land use, not tenure.
Since 1988, Council has approved seven applications for strata
title conversion in Southlands. The Approving Officer has approved
two "phased" strata applications. There are currently two
applications being processed by staff, including the application
before Council at this time. A description of these properties is
attached as Appendix C. A map showing the location of both the
registered strata plans and the two applications in process, is
attached as Appendix D.
Of the nine strata plans that have been registered, at least four
have contained a significant equestrian facility as a separate
strata lot, thereby enabling it to be operated as a separate
commercial entity, which meets the intent of the Plan. Some of
these facilities are no longer in operation, for reasons believed
to be unrelated to the strata title. Although the remaining strata
plans show their barns and equestrian facilities as being part of a
strata lot containing either the principal or infill dwelling, many
of these barns are also run as commercial enterprises, with owners
leasing stalls to other horse owners.
CONCLUSION
In summary, Council has approved the retention of the Gardner House as a
second principal dwelling on this site. The uses on the remainder of
the site - the principal dwelling and the commercial nursery operation -
also comply with the RA-1 zoning. Strata titling the site at 3152 and
3178 West 49th Avenue and 6550 Balaclava Street, would be consistent
with Council's past decisions on applications for strata title
conversion in the Southlands neighbourhood. Strata titling will not
afford the owner of the existing parcel, or the future strata lot
owners, with additional development potential.
Staff believe that the matter of changing the ownership of this site to
strata title will not impact the neighbourhood or the intent of the
Southlands Plan.
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