Os '~A ABBOTSFORD

COUNCIL REPORT

Report No.: PDS 041-2015 March 23, 2015

Executive Committee

File No: 3320-20/S15-014

To: From: Subject:

Mayor and Council Christine Batchelar, Planner Strata Conversion application for the property, located at 30475 Cardinal Avenue (Owner: 0838724 BC Ltd. Director: K. Saini)

RECOMMENDATIONS

1. THAT the Strata Conversion application 3020-20/S 15-014, for the property located at 30475 Cardinal Avenue, be approved in principle, subject to:

a. Council adopting a City initiated text amendment to the Neighbourhood Commercial Zone to amend the permitted Floor Space Ratio to 0.6 (covered under rezoning file ZB15-008); and

b. a time limit of 180 days for the conversion to be completed from the date of Council approval; and

2. THAT the Mayor and Corporate Officer be authorized to execute all documents relating to this matter.

SUMMARY OF THE ISSUE

In 2014 the owner completed construction of two retail office buildings and located his dental business in one of the units on the second floor of Building 2. Since that time the owner has had the remainder of the units in both buildings available to lease, however has not been able to lease them. At this time, he proposes to stratify the retail office units in both buildings to enhance their marketability (see Attachment A). As one of the buildings is currently occupied (by the owners dental practice), Council's approval of this strata conversion is required by the Strata Property Act (Section 242(1 )(a)) (refer to Attachment A).

BACKGROUND

Applicant: Trio Architectural Design Inc. (D. Hall)

Owner: 0838724 BC Ltd. (K. Saini).

Legal Description: Lot B Section 25 Township 13 New Westminster District Plan BCP24838

OCP Designation: Commercial

Zoning:

Site Area:

Description:

Neighbourhood Commercial Zone (C2)

0.50 ha (1.23 acres)

The subject property is located on the north side of Cardinal Avenue and contains two two-storey retail office buildings and associated parking.

Surrounding Uses: N: Multi-family apartments (zoned RML) and single family (zoned RS3) beyond;

S: Cardinal Avenue and industrial (zoned 12) and commercial (zoned C3) beyond;

E: Commercial (zoned C2) and single family (zoned RS3) beyond; and W: Commercial (zoned C2 and CGS) and Mt. Lehman beyond.

Report No. PDS041-2015 Page 2 of 3

ANALYSIS

Official Community Plan (OCP)

1. The Official Community Plan (OCP) places the property within the Commercial land use category. The Commercial category is dominated by business such as offices, retail and commercial services. The Commercial category allows for commercial on the ground floor with other uses permitted above the ground floor. The existing retail office buildings comply with the Commercial land use designation.

Strata Property Act Context

2. The applicant has proposed to create a total of 18 strata units within the existing two buildings. Council's approval of this strata conversion is required by the Strata Property Act (Section 242(1 )(a)) as one of the units is already occupied (refer to Attachment A).

3. The Strata Property Act sets out certain guidelines (Sections 242(5) and 242(6)) that an appropriate authority (Council of a Municipality) must consider when approving strata conversions. In the case of a commercial building, the following items must be considered:

a) whether the building substantially complies with the applicable bylaws of the municipality;

b) whether the building substantially complies with the B.C. Building Code;

c) the life expectancy of the buildings and projected major increases in maintenance costs; and

d) the proposals for the relocation of persons occupying an existing building.

4. On September 15, 2014 Council adopted Abbotsford Zoning Bylaw, 2014. This resulted in the subject property being zoned to C2 with its permitted FSR dropping from 1.3 (permitted under the former Zoning Bylaw) to 0.5. As construction of the subject buildings was completed in 2014, they were permitted the higher density of 1.3. However, the actual density constructed on site between the two buildings is 0.58 FSR. Therefore, the property does not comply with the newly adopted Abbotsford Zoning Bylaw, 2014.

5. Under a separate application, staff is proposing a text amendment to the C2 Zone (ZB008-2015) to increase the permitted density of the C2 Zone from 0.5 to 0.6 FSR. This text amendment will run concurrently with this strata conversion application. If the proposed staff initiated text amendment to the C2 Zone is adopted, the subject property will then be in conformity with all municipal bylaws.

6. The applicant's letter of intent and his response to the remaining above mentioned section of the Strata Property Act are attached to this report as Attachment B.

7. Given that building construction was completed in 2014 in accordance with the 2006 B.C. Building Code (applicable at that time) and that staff is running a concurrent staff initiated text amendment to the C2 Zone to permit the current density (FSR) of the site, staff has no objections to the proposed strata conversion.

Delegation of Authority

8. As per Section 242 (10) (a) and (b) of the Strata Property Act (refer to Attachment A) Council may delegate the powers and performance of the duties of this decision to an Approving Officer (AO) or designate and may impose limits or conditions of the powers delegated by a

L:\S15\815-014\PDS041-2015.docx

Report No. PDS041-2015 Page 3 of 3

resolution. However, the City's Delegation of Authority Bylaw does not currently delegate authority for strata conversions to the AO. Staff note that in the past 18 months, the City has seen a noticeable increase in the number of inquiries related to stratifying existing buildings, and from discussions with members of the commercial real estate community, this trend is anticipated to continue into the future. If this trend proves to be accurate, staff may bring forward a policy change that would streamline the approvals process in this regard.

FINANCIAL PLAN IMPLICATION

No financial plan implications are anticipated.

IMPACTS ON COUNCIL POLICIES, STRATEGIC PLAN AND/OR COUNCIL DIRECTION

The proposed strata conversion is consistent with the policies of the OCP.

COMMUNICATION PLAN

Public consultation is not required with this strata conversion application.

SUBSTANTIATION OF RECOMMENDATION

Staff have no objections to this application to stratify the existing retail office development given that the building complies with BCBC, and if a concurrent staff initiated text amendment application to the C2 zone to increase the FSR to 0.6 is approved, the strata conversion proposal will comply with all City bylaws and therefore comply with the Strata Property Act.

Prepar d by: Christine Batchelar Planner

Department Head Approval: Siri Bertelsen

~ ~ Reviewed by: Darren Braun Director of Development Planning

General Manager of Planning and Development Services

Attachments:

Figure 1 Figure 2 Figure 3

Location Proposed Strata Units Building One Proposed Strata Units Building Two

Attachment A Section 242 of the Strata Property Act Attachment B Applicant's Stratification Letter of Intent and Existing Condition of Buildings

(dated: June 3, 2013)

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FIGURE 1 LOCATION ADDRESS: APPLICANT:

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30475 Cardinal Avenue Quality Awning and Signs K. Ergang - Contact

Planning and Development Services

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March 30, 2015

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Planning and Development Services

FILE NO.

3020-20 I 012-014

March 30, 2015

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3020-20 I 012-014 ADDRESS: APPLICANT:

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30475 Cardinal Avenue Quality Awning and Signs K. Ergang - Contact

Planning and Development Services

March 6, 2015

Strata Property Act

ATTACHMENT A

Approval for conversion of previously occupied buildings

242 (1) For the purposes of this section, "approving authority" means

(a) the municipal council of the municipality if the land is

located in a municipality,

(b) the regional board of the regional district if the land is located in a regional district but not in a municipality and is

neither Nisga'a Lands nor treaty lands of a treaty first nation,

(c) the Nisga'a Village Government if the land is located within Nisga'a Village Lands,

(d) the Nisg_a'a Lisims Government if the land is Nisga'a Lands

other than Nisga'a Village Lands, or

(e) the governing body of the treaty first nation if the land is

located within the treaty lands of that treaty first nation.

(2) If a person applying to deposit a strata plan wishes to include in the strata plan a previously occupied building, the person must submit the

proposed strata plan to the approving authority.

(3) The approving authority may

(a) approve the strata plan, or approve the strata plan subject to terms and conditions, or

(b) refuse to approve the strata plan, or refuse to approve the

strata plan until terms and conditions imposed by the approving authority are met.

(4) The decision of the approving authority under subsection (3) is final

and may not be appealed.

(5) The approving authority must not approve the strata plan unless the

building substantially complies with the following:

(a) the applicable bylaws of the municipality or regional district;

(b) applicable Nisga'a Government laws;

(b.1) the applicable laws of the treaty first nation;

(c) the British Columbia Building Code referred to in the

Building Regulations of British Columbia, except in relation to a treaty first nation that has entered into an agreement described

in section 692 (5) of the Local Government Act and only to the

http://www.bclaws.ca/civix/document/LOC/complete/statreg/--%20S%20--/Strata%20Prope ... 3/5/2015

Strata Property Act Page 2 of2

extent that the agreement authorizes different standards from the British Columbia Building Code.

(6) In making its decision, the approving authority must consider

(a) the priority of rental accommodation over privately owned housing in the area,

(b) any proposals for the relocation of persons occupying a

residential building,

(c) the life expectancy of the building,

(d) projected major increases in maintenance costs due to the

condition of the building, and

( e) any other matters that, in its opinion, are relevant.

(7) If the approving authority approves the strata plan without terms and

conditions, an authorized signatory of the approving authority must

endorse the plan in accordance with the regulations.

(8) If the approving authority approves the strata plan subject to terms

and conditions, an authorized signatory of the approving authority must

endorse the plan in accordance with the regulations once the terms and conditions have been met.

(9) The endorsement must be dated not more than 180 days before the

date the strata plan is tendered for deposit.

(10) The approving authority may, by resolution, with respect to a

specified type of previously occupied building,

(a) delegate to an approving officer or other person designated in the resolution the exercise of the powers and performance of

the duties of the approving authority under this section, and

(b) impose limits or conditions on the exercise of the powers and performance of the duties delegated by the resolution.

(11) This section does not apply to a strata plan that includes a previously

occupied building if the person applying to deposit the strata plan is the government or the Crown in right of Canada.

http://www.bclaws.ca/civix/document/LOC/cornplete/statreg/--%20S%20--/Strata%20Prope ... 3/5/2015

ATTACHMENT B

Trio Architectural Design Inc. 3242 Beverly Cres

Abbotsford,B.C V2S-4Af5

Office:(604)854-3740 Fax:(604)854-3125

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February 24, 2015 Project: 30485 Cardinal Street Re: Building Strata

Christine,

;-:. RECEIVED ~ o FEB 2 5 2015 o

Pianning & Development services Department

Attached are the documents to change the above mentioned building into a strata, the building was completed about 8 months ago and there is only one tenant in the building on the second floor and it is the owner's dental clinic. As it has been difficult to lease the building and there has been much more interest in purchasing units he has decided to strata the building. The building was designed to meet the 2006 BC Building code and all of the permits required by the city of Abbotsford were applied for and all of the required engineers and architect have issued their respective schedule C-B and the C-A. since this is a new building there is a long life\~xb~~~cv1f9r the building. Please contact our office if you have any questions

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