PRIVATE DOCK DEVELOPMENT GUIDELINES / DND LETTER OF UNDERSTANDING PROGRESS REPORT

PRIVATE DOCK DEVELOPMENT GUIDELINES / DND LETTER OF UNDERSTANDING PROGRESS REPORT

RECOMMENDATIONS:

THAT Committee receive this report for information.

CHIEF ADMINISTRATIVE OFFICER'S COMMENTS:

I concur with the recommendations.

DIRECTOR OF DEVELOPMENT SERVICES' COMMENTS:

I concur with the recommendations.

PURPOSE OF REPORT:

The purpose of this report is to present a progress update for new and existing dock approvals in the federally-controlled portion of Esquimalt Harbour under the Private Dock Development Guidelines and the Letter of Understanding between the Town and CFB Esquimalt.

BACKGROUND:

Town of View Royal Council approved the Private Dock Development Guidelines at the regular meeting of Council on December 4, 2012 as part of the Town's effort to better regulate the development of docks in Esquimalt Harbour.

The ultimate requirement of an applicant to build a dock in Esquimalt Harbour is a License of Occupation issued by CFB Esquimalt. Under the Letter of Understanding between the Town and CFB Esquimalt, signed by Capt. Bob Auchterlonie, Base Commander, CFB Esquimalt on October 9, 2012 and by Mayor Graham Hill on October 26, 2012, the Town now has the authority within the License of Occupation process to consider dock applications in the harbour based on both its Environmental Development Permit Guidelines within the Town's Official Community Plan and the new Private Dock Development Guidelines. DND will now only issue a License of Occupation if the Town approves of the new structure.

As part of the process, Council has issued staff instruction to issue letters of approval for all existing docks for the purpose of obtaining a License of Occupation from CFB Esquimalt.

PROJECT INFORMATION:

This report will provide a brief outline on the new and existing dock applications process.

Existing Dock Process

As of Friday May 10, 26 applications for the approval of existing docks have been forwarded to the Town from CFB Esquimalt for consideration as part of the License of Occupation process. These are docks which have existed before the Town's Development Permit areas were identified (and therefore which are not needing Development Permits in their current state) but which do not have Licenses of Occupation.

As per instruction from Council, staff has been issuing letters of approval to CFB Esquimalt and documenting the condition of existing docks. Existing docks applying for Licenses of Occupation must first obtain Transport Canada and Department of Fisheries and Oceans approval to ensure the seaworthiness, safety and environmental compliance of the structure.

As per the Private Dock Development Guidelines, existing docks can be repaired, maintained and replaced to their current (documented by staff) state without the requirement for a Development Permit. Staff considers the documentation of existing docks an extension of public service as it will reduce the requirement for onerous new DP applications in the future.

Existing Dock Process Success

Staff has been very pleased with this process. The communication between Town staff and DND staff has been excellent; a very good, cordial working relationship has been established between the two agencies and the correspondence is frequent, pleasant and efficient. The establishment of a set process has made a clear path towards dock approvals. The public has also been receptive to the process; existing dock owners have been happy that their existing docks are not threatened, and most understand that the process protects their structures in the future with more certainty than in the past.

New Dock Process

Since the implementation of the Letter of Understanding and the Private Dock Development Guidelines, there have been two new dock applications made to Council. Both applications were very straightforward; the Private Dock Development Guidelines document was very helpful for the applicants in both cases in establishing their expectations and increasing confidence that an application will meet Council's own expectations. Staff is very pleased with the current process, and as with the existing docks, staff communication with CFB Esquimalt has been excellent.

Next Steps

Staff will be continuing to increase the level of service by working on increasing public understanding of the Town and DND processes with an improved web presence and an information sheet available at the front desk.

RECOMMENDATIONS:

THAT Committee receive this report for information.

SUBMITTED BY: J. Davison MCIP RPP, Planner REVIEWED BY: L. Chase MCIP RPP, Director of Development Services