Council Report: ENVIRONMENTAL DEVELOPMENT PERMIT 2020/06 DOCK APPLICATION - 275 KERWOOD ST

TOWN OF VIEW ROYAL COUNCIL REPORT

TO: Committee DATE: September 10, 2020 FROM: J. Davison, MCIP RPP, Community Planner MEETING DATE: September 15, 2020 FILE NO.: 3060-20-2020-06

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ENVIRONMENTAL DEVELOPMENT PERMIT 2020/06

DOCK APPLICATION

SHORELINE AND NATURAL WATERCOURSE DEVELOPMENT PERMIT AREA

275 KERWOOD ST

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RECOMMENDATION

THAT the report dated September 10, 2020 from the Community Planner titled “Environmental Development Permit 2020/06– Dock Application - Shoreline and Natural Watercourse Development Permit Area – 275 Kerwood Street” be received for information.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS

I concur with the recommendation.

PURPOSE OF REPORT

The purpose of this report is to present a new application for an Environmental Development Permit with variances to permit the construction of a ramp and float attached to the existing platform and within the foreshore at 275 Kerwood St.

BACKGROUND

In the past the Town had issued a letter of compliance for an existing regularized ramp and float at this property. There is currently no such structure on the property, and there has not been for many years.

PROJECT INFORMATION

The applicant has made application to build a ramp and float attached to the existing platform.

The applicant has included the following in support of their application:

1. Letter to Mayor and Council – May 6, 2020
2. Esquimalt Harbour Small Project Screening Report and Marine Environmental Assessment – Applicant and Corvidae Environmental Consulting – November 2019
3. Transport Canada Residential Dock Approval – December 11, 2019
4. 275 Kerwood Waterlot License – CFB Esquimalt – October 3, 2018

Requested Variances

The application requires a variance to the setback from the natural boundary to the sea from 15m to 0m.

Private Dock Development Guidelines

The application should meet the Town’s Private Dock Development Guidelines or provide rationale on why it does not.

2.0 GUIDELINES

Private docks and associated structures should:

1. consist of only one dock per property. Sharing a dock with adjoining waterfront properties is permitted.
2. be intended for private moorage purposes.
3. be oriented in a logical and unobtrusive manner which takes into account shoreline navigation, prevailing wind, tidal action, water depth and shoreline topography.
4. remain sensitive to views and impacts on neighbours and public viewpoints such as parks and roadways.
5. not obstruct or impede pedestrian access along the foreshore unless reasonable alternative means of passage are made available (e.g. stairs over a dock or ramp).
6. not unduly interfere with the navigation of the foreshore or of deep-water channels, particularly in coves and other narrow water bodies.
7. be constructed and maintained to current best practices for marine structures.
8. be lit with appropriate, directional lighting where lighting is required, which does not impact the character of the neighbourhood or unduly affect the use and enjoyment of adjacent properties or of the foreshore.
9. have ramps up to 1.6min width and floats up to 12m in length that together extend not more than 25m from the natural boundary, only varying with careful consideration of the scale and shoreline conditions of the property they serve.
10. be allowed small storage structures/benches upon a ramp/float for the storage of safety gear, fenders etc. up to 1.2m high.

The proposed application has two options for Council to consider. Option A is the preferred, and staff believes it is the most logical. Option B could be considered by Council but staff does not see any substantial benefit in it.

The only potential issue for Council is that the dock does extend in a straight line from the natural boundary more than 25m to approximately 27-28m. Staff does not see this as being a reason to deny the application, considering the dock must reach deep water.

Environment

All proposed structures will be new construction; the existing creosote pilings will be removed.

The DND Environmental Review states the following:

DND has reviewed the project to be undertaken as presented in this report. On the basis of this report, it has been determined that the proposed project is not likely to cause significant adverse environmental effects. Therefore, the project can proceed with application of the mitigation measures specified in Section 8 of this report. If the proponent chooses to not implement the mitigation measures as described in this report, of if the scope of the project changes in any way, the project, as reviewed by DND will be considered different from this review under Section 67 of CEAA 2012 and the determination related to this project will no longer be valid and will need to be re-evaluated.

The provided Marine Environmental Assessment provides the following conclusion:

During the shoreline enhancements, boathouse repairs and dock installation, implementation of the mitigation measures recommended in this report, including measures to protect fish and fish habitat (Fisheries and Oceans Canada 2019), will minimize the potential impacts on the marine environment and will ensure compliance with the Fisheries Act(2019). Due to the small project footprint, limited duration, working during the least risk timing windows and replacement of existing pilings, the project impacts are expected to be low, providing these recommendations are followed.

When this item comes to Council the recommendations within the Marine Environmental Assessment concerning fish timing windows, marine-associated wildlife species, erosion and sediment control and spill control will be explicitly written into the Development Permit conditions.

DISCUSSION

The proposed meets the spirit of the Town’s Private Dock Development Guidelines and has received positive recommendations from CFB Esquimalt Environmental. The Environmental Assessment indicates that impacts of the project are to be low.

Staff is supportive of the application.

RECOMMENDATION

THAT the report dated September 10, 2020 from the Community Planner titled “Environmental Development Permit 2020/06– Shoreline and Natural Watercourse Development Permit Area – 275 Kerwood Street” be received for information.

SUBMITTED BY: J. Davison, MCIP RPP, Planner

REVIEWED BY: L. Chase, MCIP RPP, Director of Development Services

ATTACHMENTS:

1. Subject Property Map
2. Letter to Mayor and Council – May 6, 2020
3. Esquimalt Harbour Small Project Screening Report and Marine Environmental Assessment – Applicant and Corvidae Environmental Consulting – November 2019
4. Transport Canada Residential Dock Approval – December 11, 2019
5. 275 Kerwood Waterlot License – CFB Esquimalt – October 3, 2018