218 Hart Road Development Permit

"THAT Council authorize the issuance of Environmental Development Permit No. 01/08 which would have the effect of: a) relaxing the minimum allowable setback for buildings and structures from the natural boundary of Esquimalt Harbour required under Section 36 (2) (Special Setbacks) of Land Use Bylaw, 1990, No. 35, from 15.0 metres (49.2 feet) to 5 metres (16.4 feet) for a storm water drain as shown in the site plan labelled 'Schedule 1' attached to the staff report dated February 28, 2008; and b) regulating development within the environmental management area of the property in accordance with Section 5.2.10 (Hart Waterfront) of the Official Community Plan, Bylaw No. 361, 1999 to allow: the construction of a single family dwelling on Proposed Lot 2, adjacent to a decommissioned septic field; the construction of a proposed permeable surface access driveway to both proposed lots, due to the closure of the Mellor Road access; the provision of a 100mm sanitary sewer line and other utilities beneath the driveway within a 5m easement from the new lot to Hart Road; The construction of a 1.2m high retaining wall to protect existing trees adjacent to an historic trail leading to the foreshore; and the provision of a 100mm storm drain from the existing lot, daylighting near to an outfall on Esquimalt Harbour. as shown in the site plan labelled 'Schedule 1' attached to the staff report dated February 28, 2008; for the property described as Lot 'A', Section 98, Esquimalt District, Plan VIP78558 (218 Hart Road), SUBJECT TO the following terms and conditions: 1. Any works within the 15 metre leavestrip shall be monitored by a Registered Professional Biologist (R.P. Bio.). 2. As many trees as possible to be retained on the site to reduce impacts on the local ecosystem. 3. Archaeological monitoring is required within the entire construction area of the property for the installation / construction of all proposed works. A Heritage Conservation Act site alteration permit will be required. 4. The stone retaining wall will be constructed using clean blasted rock / clean backfill and will not involve the use of mortar or cement. A dry-stacking technique is to be employed, using a mini-excavator with rubber track for minimal surface impact. 5. Noisy construction activities to be scheduled outside of the bird-breeding season (April through June). A biologist to visit the site pre-construction to locate any nesting birds on the property and to recommend appropriate measures be taken to mitigate any adverse effects. 6. Use of Best Management Practices for any required blasting work to reduce impacts on wildlife (e.g. minimal effective charge, shock matting, the use of hydraulic versus air drills etc."