Inspection of Trees Close to Building at 1504B Glentana Road, 24 and 26 Falstaff Place

150 Island Highway - Environmental Development Permit No. 2013/01

1. Report dated April 10, 2013 from the Planner (Continued from Page 26)

Environmental Considerations

The proposed pump station, while necessary for the community's wastewater infrastructure, is situated within the provincial foreshore, an environmentally sensitive area. A comprehensive Environmental Impact Assessment (EIA) was submitted as part of the Development Permit application. The EIA identifies potential impacts primarily related to construction activities, including temporary disturbance to marine habitat, potential for increased turbidity, and minor alteration of the shoreline profile.

Mitigation measures proposed by the applicant and reviewed by staff include:

Implementation of a strict Environmental Management Plan (EMP) during construction.
Use of best management practices to prevent sediment and pollution runoff into the marine environment.
Timing of construction activities to avoid critical fish spawning periods.
Restoration of disturbed areas with native vegetation and habitat features following construction.
Ongoing monitoring of water quality and ecological recovery.

Staff have consulted with relevant provincial agencies, including the Ministry of Forests, Lands and Natural Resource Operations (FLNR) and the Ministry of Environment, who have reviewed the submitted documentation and provided feedback. Their comments have been incorporated into the proposed conditions for the Development Permit. The project is also subject to federal DFO (Department of Fisheries and Oceans) review and approval processes.

Bylaw and Official Community Plan (OCP) Compliance

The subject property at 150 Island Highway is designated 'Marine Environment' in the Official Community Plan (OCP) Bylaw No. 800, 2008. The OCP policies for Marine Environments emphasize the protection of marine ecosystems, shoreline integrity, and public access to the foreshore where appropriate. The OCP also acknowledges the need for essential public infrastructure within these areas, provided environmental impacts are minimized and mitigation measures are implemented.

The proposed pump station is consistent with the OCP's intent to provide necessary infrastructure while safeguarding environmental values, especially with the proposed mitigation measures.

The property is zoned 'Public Institution (P-1)' under the Town's Land Use Bylaw No. 35, 1990. The P-1 zone permits uses such as public utilities, which includes pump stations.

Development Permit Area No. 1 – Marine Environment

The property falls within Development Permit Area No. 1 – Marine Environment, as outlined in Section 10.1 of the OCP. The guidelines for this DPA require:

Protection and enhancement of marine habitat.
Minimizing disruption to foreshore processes.
Visual impact assessment.
Consideration of climate change impacts (e.g., sea-level rise).
Requirements for environmental assessments and qualified professional reports (e.g., marine biologist, geotechnical engineer).

The applicant has submitted the required professional reports, including a marine environmental impact assessment and a geotechnical report addressing shoreline stability. The design of the pump station, including its size and placement, has been reviewed for visual impacts, and efforts have been made to minimize its footprint within the foreshore.

Variance Request

The application includes a request for a variance to the setback from the natural boundary of the sea. The Land Use Bylaw requires a minimum setback of 15m for structures from the natural boundary of the sea. Due to the functional requirements for locating the pump station at the water's edge to facilitate wastewater transfer, a 0m setback is proposed.

Staff's analysis of the variance request considered the following:

Operational Necessity: The pump station's function to manage sewage discharge requires direct access to the foreshore for intake/outflow infrastructure, making the standard setback impractical.
Environmental Impact: The EIA indicates that with the proposed mitigation, the localized environmental impact of a 0m setback is manageable and will be offset by the overall environmental benefits of improved wastewater management.
Precedent: Other critical infrastructure projects in coastal areas often require similar variances due to their unique operational needs.
Public Access: The proposed location and design aim to maintain public access along the foreshore as much as reasonably possible during and after construction.

It is staff's opinion that the variance is justified given the specific nature and operational requirements of the public utility infrastructure and that the environmental impacts will be appropriately mitigated through the conditions of the Development Permit.

Conclusion

The proposed pump station at 150 Island Highway is an essential piece of infrastructure that addresses critical community needs for wastewater management. While its location within the environmentally sensitive foreshore necessitates careful review, the applicant has demonstrated a commitment to environmental protection through comprehensive assessments and proposed mitigation strategies. The variance to the setback from the natural boundary is deemed necessary and appropriate given the operational demands of the facility.

Staff recommend approval of the Environmental Development Permit with conditions that ensure the implementation of all proposed mitigation measures and adherence to environmental best practices.

Staff Recommendation:

THAT Council approve Development Permit No. 2013/01 to permit the construction of a Pump Station at the property within the provincial foreshore referred to as 150 Island Highway;