DocumentsStaff ReportJul 15, 2019Pages 124–127
Staff Report - 733 Goldstream Ave Strata Title Conversion
Planning staff report concerning a strata title conversion proposal at 733 Goldstream Avenue including assessment of policy, tenant impacts and recommended approvals/conditions.
Key facts
- Address: 733 Goldstream Ave
- Issue: Strata title conversion application and review of impacts to tenants and neighbourhood
- Staff recommendations and conditions for approval
Staff Report - 733 Goldstream Ave Strata Title Conversion
Date: July 15, 2019
Department: Land Development
Subject: Strata Title Conversion of the Existing Apartment at 733 Goldstream Avenue
Background
Bill Beadle of Westwind Plaza JV Properties Ltd. has applied to strata-title the existing apartment building located at 733 Goldstream Avenue (Figure 1). This 60-unit apartment building was recently constructed and is occupied. The property is legally described as Lot B, Section 72, Esquimalt District, Plan EPP67837.
Commentary
In January of 2017 a Development Permit (DP16-0075) was issued for this site to allow for the construction of a 60-unit apartment building. The building permit (BLD17-0137) was issued in July of 2017.
Prior to issuing the building permit a covenant was registered that states the building would be an apartment for a minimum of 10-years which allowed the developer to qualify for reduced City fees. The covenant states that if the apartment were to be converted to individual strata units within 10-years of receiving occupancy the applicant would then be required to pay back those fees that were reduced. Occupancy was issued in March of 2018.
Within this existing covenant that states this building will remain as a rental apartment for 10-years, there is a clause that allows for a strata-title conversion without paying back the City fees that were reduced as long as a ‘no-separate sale’ covenant is registered. A no-separate sale covenant states that no individual unit may be sold on its own, but must be sold collectively with all the other units and associated common property of the strata. In essence it ensures the building remains as rental units and not individual condos. The applicant wishes to strata-title this building and register the ‘no-separate sale’ covenant.
The proposed strata plan that the applicant has presented shows all the parking as common property as opposed to having the parking stalls legally tied to individual units. If Council wishes to have parking assigned to individual units they may wish to require the strata plan to be revised to tie individual parking stall to units, which would leave only the visitor parking and drive aisle as common property.
Financial Implications
There are no known financial implications associated with strata-titling this apartment building.
Legal Implications
There are no known legal implications associated with strata-titling this apartment building.
Options
Option 1
That Council:
- Endorse the strata-title conversion of the apartment building at 733 Goldstream Avenue as presented;
AND
- Require that either all the reduced City fees are paid back or that a no-separate sale covenant is registered on title for the remaining time of the original agreed upon 10-years of rental units.
OR
Option 2
That Council:
- Endorse the strata-title conversion of the apartment building at 733 Goldstream Avenue;
AND
- Require that either all the reduced City fees are paid back or that a no-separate sale covenant is registered on title for the remaining time of the original agreed upon 10-years of rental units;
AND
- Require the strata plan be amended by tying individual parking stalls to strata units prior to approval.
OR
Option 3
That Council:
- Take no action at this time with respect strata-titling the apartment at 733 Goldstream Avenue.
Respectfully submitted,
Submitted by:
Robert Dykstra, MCIP, RPP Land Development Planner
Concurrence:
Adriana Proton, Manager of Legislative Services
Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning
Concurrence:
Cory Manton, Manager of Parks and Recreation
Concurrence:
George Henshall, Deputy Director of Engineering
Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning
Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence:
Braden Hutchins, Director of Corporate Services
Concurrence:
Darren Kiedyk, Chief Administrative Officer
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