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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
November 7, 2003 | |
Author: |
Kathy Morgan | |
Phone No.: |
604-873-7760 | |
RTS No.: |
03750 | |
CC File No.: |
2604 | |
Meeting Date: |
December 4, 2003 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
Chief Building Official, in consultation with the Director of City Plans |
SUBJECT: |
3600 Cornett Road
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CONSIDERATION
THAT Council consider the request for an extension of Building Permit No. BU421464 for 3600 Cornett Road and either:
A. Approve an extension until May 14, 2004
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 Vancouver 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 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
This report seeks Council's direction on the extension of a Building Permit for 3600 Cornett Road (Vancouver Film Studios). A Building Permit was issued on November 5, 2002 for the construction of three production studios and adjoining service facility. As work had not commenced within six months, the applicant requested and received a permit extension from the Chief Building Official. Work has still not commenced and 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 (DCLs). The Building Permit was approved prior to implementation of the Grandview-Boundary DCL. As such, no layered DCL was required.
BACKGROUND
Previous Council actions with respect to requests for extensions of Building Permits issued prior to the Vancouver DCL were dealt with in two ways. In January 2001, one year after the Vancouver 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.
In February 2003, Council refused a request for an extension of a permit where two of three buildings on a site had been constructed and one had not. In that case, no Vancouver DCL had been paid for the project and three years had passed. The project was also in the Grandview-Boundary DCL area and no layered DCL had been paid.
It should be noted that it has been approximately one year since the layered, area-specific, Grandview-Boundary DCL By-law was enacted.
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 and February 2003 requests, an extension not be granted.
DISCUSSION
If Building Permit No. BU421464 is not extended, the applicant would be required to submit a new application for a Building Permit. The new application would be subject to all required permit fees plus Development Cost Levies at the rates in effect at the time of permit issuance.
Related Development Permit No. DE406522 was also issued on November 5, 2002 and is valid as long as Building Permit No. BU421464 is active. If Building Permit No. BU421464 is not extended, it would be necessary for the applicant to apply to the Director of Planning to consider renewal of Development Permit No. DE406522.
FINANCIAL IMPLICATIONS
Prior to issuance of the Building Permit, the Vancouver DCL was paid at $1.00 per square foot for a total of $53,862.00. As the Building Permit was issued prior to the Grandview-Boundary DCL enactment, the layered DCL was not paid for this project and will not be required if the permit is extended and work commences within the extension period. The layered DCL for this project, at $2.00 per square foot, would be $107,724.00.
Effective February 1, 2004, the Vancouver DCL rates will be increasing to $2.40 per square foot for projects in industrial zoning. The Vancouver DCL for this project would be $129,268.80, being an increase of $75,406.80. The total combined DCL, at $4.40 per square foot, would be $236,992.80.
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 2001 and approve a one time extension. Alternatively, Council could treat this request in a similar manner to the requests in July 2001 and February 2003 and refuse to grant an extension.
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