REQUEST FOR DECISION
DATE: December 13, 2021 Report No. DEV-21-087
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Council Consent to Wind Up and Cancel Strata Plan VIS4828 (610 & 612 Lampson Street)
End
RECOMMENDATION:
Recommendation
That Council, by simple majority of the members present, resolves that it has no objection to cancellation of Bare Land Strata Plan VIS4828 (610 & 612 Lampson Street) pursuant to the relevant statutes and regulations of the Province of British Columbia, and authorizes the Corporate Officer to advise the legal counsel for Lampson Corner Nominee Ltd., being the registered owner of the two strata lots that comprise the strata plan, accordingly.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Local Government Act
Strata Property Act
Bare Land Strata Plan Cancellation Regulation
Declaration of Climate Emergency
Subdivision and Development Control Bylaw, 1997, No. 2175
STRATEGIC RELEVANCE:
Healthy, Livable and Diverse Community: Support community growth, housing, and development consistent with our Official Community Plan.
BACKGROUND:
Appendix “A” - Key Map showing location of subject site
Appendix “B” - Form BL-A (notice)
Appendix “C” - Section 219 covenant registered on title that includes a requirement to consolidate lots.
Staff have received notice from the lawyer acting for Lampson Corner Nominee Ltd., the owners of Strata Lots 1 and 2 which comprise Strata Plan VIS4828, that the owners wish to wind up the strata and cancel the bare land strata plan (Appendix “B”). The notice is provided pursuant to Section 2.1 of the Bare Land Strata Plan Cancellation Regulation which states:
2.1 (1) An application under section 274 of the Act may not be made in relation to a bare land strata plan unless written notice is given, at least 90 days before the date of the application,
(a) if any land within the strata plan is within the jurisdiction of a local government, to the local government, and
(b) if any land within the strata plan is outside the jurisdiction of a local government, to the applicable approving officer under the Land Title Act <https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96250_00>.
(2) A notice under subsection (1) must be in Form BL-A and must
(a) state whether the owners intend to apply for subdivision of the land within the strata plan, and
(b) if the owners intend to apply for subdivision of the land within the strata plan, include a list of any common property or common assets that the owners propose to dispose to a local government or the Province.
The subject site is part of an aggregation of 5-lots that will be consolidated into a single parcel and then developed into an 89-unit townhouse/multi-family residential building. The development permit for this project was approved by Council on November 1, 2021. The consolidation of the five lots is a requirement of the Section 219 Covenant registered on each title for the two lots created by Strata Plan VIS4828 (Appendix “C”).
The purpose of the notice is to identify any services that may be transferred to the Township. In this case, there are no services being transferred.
Context
Applicant: Kristil Hammer (Associate Counsel)
Owner: Lampson Corner Nominee Ltd.
Total Property Size: 1062.8 m2
OCP Present Land Use Designation: Low density residential
OCP Proposed Land Use Designation: Medium Density Residential
Zone: Comprehensive Development District No.131 [CD-131]
Existing Land Use: Two Detached Dwellings
Proposed Land Use: Townhouse/Multiple Family Residential [6 Storeys]
Surrounding Land Uses:
North: Townhouse
South: Three Detached Dwellings
East: Wordsley Street
West: Detached Dwelling
Chronology
November 1, 2021, Development Permit Approved by Council
November 25, 2021, Notice of intention to Cancel Strata Plan VIS4828 received by Development Services.
Comments from other departments.
Engineering: No concerns
Financial Services: No concerns
ISSUES:
1. Rationale for Selected Option
The cancellation of strata plan VIS4828 is required to consolidate the 5-lots that comprise the proposed development parcel.
2. Organizational Implications
There are no organizational implications.
3. Financial Implications
There are no financial implications.
4. Sustainability & Environmental Implications
There are no direct sustainability or environmental implications.
5. Communication & Engagement
There is no requirement of public consultation related to the cancellation of a strata plan.
ALTERNATIVES:
1. That Council, by simple majority of the members present, resolves that it has no objection to cancellation of Bare Land Strata Plan VIS4828 (610 & 612 Lampson Street) pursuant to the relevant statutes and regulations of the Province of British Columbia, and authorizes the Corporate Officer to advise the legal counsel for Lampson Corner Nominee Ltd., being the registered owner of the two strata lots that comprise the strata plan, accordingly.
2. That Council objects to the cancellation of Plan VIS4828.