14 Erskine Lane Strata VIS3076 - Alternatives for compliance with TP2025-29

RE: Alternatives for compliance with Tree Permit TP2025-29

BACKGROUND

14 Erskine Lane Strata VIS3076 (‘The Strata’) consists of 64 units with the first Owners moving into the units in mid 1994. Current ownership consists of 6 original owners and many who have been residents for 20+ years.

Given the site’s location with Craigflower Creek and the CRD right-of-way along the Galloping Goose Trail on one side and the CRD water line right-of way on the other side, the developer tried to design the site retaining as many original trees as possible which explains the high density. In addition, the developer planted numerous trees around the units which after 30+ years have developed into mature trees.

As part of the Strata’s Tree Maintenance program, the Strata had Bartlett Tree Experts (‘Bartlett’) prepare an updated Tree Inventory Report dated August 23, 2022 which listed 130 Tagged trees of which 102 were protected trees. The Tree Inventory does not include any of the untagged trees that are also on the property.

TREE RISK ASSESSMENT REPORT (TRA Report)

In the Spring of 2025, the Strata noticed that the bark of a cluster of 3 Garry Oak trees (Tag # 709, 710 & 711) had pulled away from the base of the tree. The Strata arranged a site visit by a Bartlett arborist to examine the 3 trees after which he recommended that Bartlett conduct a formal risk assessment of the 3 trees and prepare a TRA Report setting out their findings and recommendations. The Strata authorized Bartlett to perform the formal risk assessment and prepare the TRA Report which concluded that the 3 Garry Oak trees should be removed.

TREE REMOVAL PERMIT TP2025-29

From prior Tree Removal Applications to the Town of View Royal, the Strata was aware of the requirement of 2 replacement trees for each tree removed or a cash payment for each replacement tree not planted. The Strata was also aware that as Garry Oaks are defined as ‘Protected’ trees under the Tree Protection Bylaw No 1069, 2022 the replacement trees should be Garry Oak trees. Given the number of trees on the Strata property as outlined above and replacement trees planted for prior removed trees, the Strata had concerns that the property had sufficient suitable sites to plant all 6 Garry Oak trees.

To deal with the risks set out in the TRA Report, the Strata decided to submit a Tree Removal Application to remove the 3 trees and to take necessary steps to determine which sites on the property are suitable for the replacement trees. TP2025-29 for removal of the 3 Garry Oak trees was issued June 2, 2025, with compliance requiring the planting of 6 Garry Oak replacement trees or the payment of $700 per replacement tree in lieu of planting.

BARTLETT TREE EXPERT ARBORIST LETTER

After reviewing potential sites on the Strata’s property where it might be able to plant a tree, the Strata decided it needed professional advice to determine which if any of these sites would meet the requirements for a Garry Oak tree. The Strata engaged Bartlett to assess whether any of these sites might be suitable. Attached is a copy of the letter from the Bartlett arborist. In his letter, he concluded “due to the property layout, the existing infrastructure, and already densely tree populated site, there is limited soil volume to accommodate the six replacement trees”.

TP2025-29 COMPLIANCE ISSUES

1. Limited soil volume to accommodate the six replacement trees As noted in the Bartlett Arborist letter ‘due to the property layout, the existing infrastructure, and already densely tree populated site, there is limited soil volume to accommodate the six replacement trees.’
2. Availability of Garry Oak replacement trees. The Tree Permit requires that the replacement trees have a minimum starting height of 1.5 meters (6 feet) and a trunk caliper of 50 mm (2 inches). In order to budget ‘Tree maintenance costs’ for the 2027 fiscal year of the Strata ending on January 31, 2027, the Strata contacted Island View Nursery inquiring whether or not they stocked Garry Oak trees that met the height and trunk caliper and if so the cost per tree. Island View replied that they had not been able to source any 1.5 meters Garry Oak trees as they are very hard to find. The largest Garry Oak trees that Island View does stock have a maximum height of 4 feet and a very small trunk caliper.
3. Replacement trees need to be planted on the Tree Permit Holder’s property. The Bartlett Arborist letter notes that there is one potential site “planting within the easement north of the property would be a suitable location for these replacement trees. However, this is municipal property and the trees are to be planted onsite.

ALTERNATIVES FOR COMPLIANCE WITH TP2025-29

1. Allow the Strata to plant an alternative for the replacement tree due to non-availability of the required Garry Oak replacement trees. As Garry Oak replacement trees are currently unavailable, allow the Strata to plant an alternative replacement tree such as Paper Bark Maples (Acer griseum) which are available and which the Strata has planted as replacement trees in the past. The Strata confirmed with Island View Nursery that they currently have in stock Paper Bark Maples that have a starting height of 1.5 meters and a trunk caliper of 50mm.
2. Allow the Strata to plant replacement trees on municipal property. If Council allowed the Strata to substitute Acer griseum as a replacement tree instead of the Garry Oak, there still might not be sufficient suitable sites to plant the 6 replacement trees on the Strata’s property. In addition, should any of the remaining protected trees need to be replaced, it may continue to be a problem finding suitable sites to plant any future replacement trees on the Strata’s property. Providing the opportunity to the Strata to plant replacement trees on municipal property adjacent to or located in the immediate environs of the Strata property would allow Owners to enjoy the benefits of the replacement trees. Examples are the easement on the north side of the Strata property or the new park being developed at the Handy Dart site at the corner of Burnside and Watkiss Way or View Royal Park which is across the Trans Canada Highway from the Strata.
3. Reduce tree replacement ratio to one to one from two to one. Reducing the tree replacement ratio to one to one from two to one, thereby reducing the number of replacement trees to 3 in combination with allowing the Strata to substitute Acer griseum for the Garry Oaks, could allow the Strata to plant all 3 replacement trees on its site should the soil availability requirements for Acer griseum be lower than for the Garry Oak trees.

PREFERRED ALTERNATIVE TO COMPLY WITH TP2025-29

The Strata’s preferred alternative to comply with TP2025-20 would be to reduce the replacement tree ratio to one to one and allow the Strata to substitute the Acer griseum for the Garry Oak as this has the greatest potential for the Strata to be able to plant the 3 replacement trees on the Strata’s property.

MEETING WITH COUNCIL

The Strata understands that it does not need to be present at a Council meeting for Council to consider an item. Town staff will advise the Strata when its correspondence is scheduled to appear on a meeting agenda. The Strata Council members signing this letter are prepared, however, to be present at the Council meeting to answer any questions related to the correspondence. Please contact us should Council wish us to attend.

The Strata understands that once Council considers the Strata’s correspondence, it will be advised of the decision made in response to its correspondence.

Thank you
14 Erskine Lane Strata VIS3076

Carol Kitson
President

Robert Lemmon
Building & Grounds Committee