COUNCIL REPORT: ENVIROMNENTAL DEVELOPMENT PERMIT – 283 Kerwood St

RECOMMENDATION:

THAT Council approve Development Permit 2013/07 to permit a dock within the Environmental Development Permit area at 283 Kerwood St;

AND THAT the Development Permit include a variance to the setback from the natural boundary to the sea from 15m to 0m.

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 the application for an Environmental Development Permit with variance for 283 Kerwood to allow the construction of a dock (float, piling and ramp). The variance is for the reduction of the setback to the natural boundary to the sea from 15m to 0m.

BACKGROUND:

The applicant is intending to build a new dock and resurface an existing, old and unsafe deck/platform to which the dock's ramp will be attached. The dock's ramp straddles the uplands/foreshore and a variance is required for the new portion of the construction.

The repair of the existing decking and stairs is a Development Permit exemption as identified in the Development Permit Guidelines and should not be considered as part of this Development Permit.

The work is being done in conjunction with construction on the uplands portion of the property, which includes landscaping and a new house construction.

CFB Esquimalt has processed the application and it has passed their initial screening. It has been referred to the Town to be considered for an Environmental Development Permit. As part of the Town's agreement with DND, the Town will also be considering the dock based upon the new Private Dock Development Guidelines (as attached).

PROJECT INFORMATION:

Proposal

The subject property is subject to requirement to obtain a Development Permit according to the Natural Watercourse and Shoreline Development Permit Area (DPA). This DPA focuses on the protection of environmentally sensitive areas. The application is also to be considered in the context of the Private Dock Development Guidelines as per agreement with CFB Esquimalt.

The applicant has submitted the following information in support of their application:

• Applicant's Statement – February 27, 2013
• Foundation Plan – Island Land Surveying – February 13 2012
• Site Plan, Plan and Cross Section – Java Designs – Feb 20, 2013
• Photos - Applicant
• Current Title

The proposed Development Permit addresses the following aspects:

• Construction of a dock (float, ramp and pilings) within the Development Permit Area.
• A variance to the setback from the natural boundary to the sea from 15m to 0m.

Issues and Analysis

The impact within the DP area for the construction of this dock should be minimal if done as described. The new works subject to the DP requirements do not touch the ground at any point other than the steel pilings positioned at the head of the float – well within deep water.

Private Dock Development Guidelines

The dock extends just under 25m from the surveyed natural boundary to the sea. It meets all of the Private Dock Development Guidelines and matches the adjacent dock at 281 Kerwood for scale and construction method. The foreshore portion of the shoreline at that point is very steep, especially to the north, and it is not expected that foot traffic would be able to traverse that portion of the shoreline.

Variance for the ramp

The walkway structure will extend over the surveyed natural boundary from Plan 1688. Conservatively, a variance is being requested for the ramp.

CONCLUSION

Staff has no objections to the works as proposed. The application is concurrently being reviewed by Transport Canada and the Department of Fisheries and Oceans.

RECOMMENDATION:

THAT Council approve Development Permit 2013/07 to permit a dock within the Environmental Development Permit area at 283 Kerwood St;

AND THAT the Development Permit include a variance to the setback from the natural boundary to the sea from 15m to 0m.

SUBMITTED BY:
J. Davison, MCIP, Planning Technician

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

ATTACHMENTS:

1. Subject Property Map
2. Context Orthophoto
3. Applicant's Statement – February 27, 2013
4. Foundation Plan – Island Land Surveying – February 13 2012
5. Site Plan, Plan and Cross Section – Java Designs – Feb 20, 2013
6. Photos – Applicant
7. Private Dock Development Guidelines – Town of View Royal