Vancouver City Council |
ADMINISTRATIVE REPORT
Date: January 30, 2003
Author/Local: K Morgan/604-873-7760
RTS No. 03177
CC File No. 2604P&E: February 27, 2003
TO:
Standing Committee on Planning and Environment
FROM:
Chief Building Official, in consultation with the Director of City Plans
SUBJECT:
2900 East Broadway
Request for extension of Building Permit No. BU414224CONSIDERATION
THAT Council consider the request for an extension of Building Permit No. BU414224 for 2900 East Broadway and either:
A. approve an extension until July 15, 2003
OR
B. refuse the request for an extension and require the applicant to submit a new application for a Building Permit.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services submits the choice of A or B for Council's CONSIDERATION.
COUNCIL POLICY
Article 1A.7.5.1 of the Building By-law addresses actions the City can take when an applicant, who has received a Building Permit, is not proceeding with active work under the permit. The Building By-law prohibits the Chief Building Official from granting more than one extension to a Building Permit. Any further extensions can only be approved by Council.
On January 28, 2000, the interim city-wide Vancouver Development Cost Levy By-law was enacted. On November 5, 2002, Council enacted a DCL By-law for the Grandview-Boundary Industrial Area which requires payment of a layered DCL in addition to the Vancouver DCL for a total of $3.00 per square foot for sites in the Grandview-Boundary Area.PURPOSE AND SUMMARY
This report seeks Council's direction on the extension of a Building Permit for 2900 East Broadway (Broadway Tech Centre). A Building Permit was issued on January 27, 2000 for the first phase of work on this site which includes the construction of three buildings with a common underground parking garage. As work had not commenced within six months, the applicant requested and received a permit extension on July 24, 2000 from the Chief Building Official. Work commenced in August, 2000 and two buildings were completed along with approximately two-thirds of the underground parking. Work on the site was suspended in mid-July 2002. The applicant is seeking a second extension of the Building Permit which requires Council approval.
The extension is complicated by changes to City By-laws with respect to Development Cost Levies. The Building Permit was approved prior to implementation of the City Interim Development Cost Levy and the Grandview-Boundary Development Cost Levy. As such, no DCLs were required.
Previous Council actions with respect to requests for extensions of Building Permits issued prior to the DCL levy were dealt with in two ways. In January 2001, one year after the DCL By-law was enacted, two requests for extensions were approved by Council. In July 2001, Council rejected a request for a third extension of one of these. The discussion at that time focussed on the amount of lapsed time since the DCL By-law came into effect.
This report puts forward two options for Council's consideration. Council could choose to approve a six month extension on the grounds that two other applicants had received this consideration. On the other hand, Council could conclude that, as with the July 2001 request, given the lapsed time since the DCL By-law was enacted, an extension not be granted.
BACKGROUND
The issue before Council involves a site at 2900 East Broadway. The site, called Broadway Tech Centre, responds to the City's initiative to encourage high technology uses to stay in the city and to locate adjacent to rapid transit. Several sites, including 2900 East Broadway, were rezoned to a new I-3 High Technology District Zoning Schedule in July 1999. On completion of "prior to conditions", the I-3 zoning was enacted for 2900 East Broadway on November 30, 1999. As a city-initiated rezoning, the site was not subject to a Community Amenity Contribution. The development proposal for 2900 East Broadway includes new construction of high technology office-type space and reuse of the old Eatons warehouse.
The following provides information on the City Building By-Law and charges on new development as a context for the request for an extension to Building Permit BU414224.
In accordance with the Vancouver Building By-law, a Building Permit expires if the work is not commenced within 6 months of issuance, the work although commenced is not continuously and actively carried out thereafter, or work has been substantially discontinued for a period of six months.
Separate legislation establishes development cost levies. These levies are to assist in financing capital costs associated with servicing new development in the city. On January 28, 1999, Council approved an interim city-wide Community Amenity Contribution (CAC) for all future rezonings and an interim city-wide Development Cost Levy (DCL) for enactment on January 28, 2000. This one year grace period for DCLs was to allow time for applicants who already had applications for permits in process to get through the system.
In July of 2000, the Chief Building Official granted several extensions of Building Permits which were issued prior to the city-wide DCL enactment and where no construction activity had commenced within six months. In January of 2001, two requests for second extensions of Building Permits where construction had still not commenced were referred to Council and were approved. In July of 2001, a request for a third extension of one of these was referred to Council and was refused.
DISCUSSION
Building Permit No. BU414224 was issued on January 27, 2000 for the project at 2900 East Broadway which included the construction of three office-type buildings above a common three level parking garage. As work had not commenced within six months, the applicant applied for an extension and it was approved by the Chief Building Official. Work commenced in August of 2000 and two of the office-type buildings have been completed with Occupancy Permits being issued in 2001.
The District Building Inspector estimates that construction for the parking garage and site work is approximately two-thirds complete and excludes all work directly below the proposed third building. He advises that work has not progressed since mid-July, 2002. Since there has been no construction activity for six months, unless extended, the Building Permit will expire and be filed as "partially complete". The applicant has requested an extension to the Permit. As noted, the Building By-Law requires further extensions be referred to Council.
As the project Building Permit was issued prior to the Vancouver Development Cost Levy By-law enactment, a DCL was not paid for this project and will not be required if the permit is extended and work commences within the extension period.
If Building Permit No. BU414224 is not extended, the applicant would be required to submit a new application for a Building Permit for the third building and the uncompleted portions of the site work and the parking garage. This new application would be subject to all required permit fees plus Development Cost Levies in the amount of $356,820.00. Future phases for this site will also be subject to payment of DCLs.
Related Development Permit No. DE404308 was also issued on January 27, 2000 and is valid as long as this Building Permit is active. If the Building Permit is not extended, it would be necessary for the applicant to apply to the Director of Planning to consider renewal of the Development Permit as it pertains to the third building.
CONCLUSION
As there is no clear Council policy on extensions to Building Permits issued before the enactment of DCLs, this matter is put forward for consideration. Council could choose to treat this request in a similar manner to the two requests in January 2001and approve a one time extension. Alternatively, Council could treat this request in a similar manner to the request in July 2001 and refuse to grant an extension.
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