Council Report - 233 Anya Lane - Environmental Development Permit

COUNCIL REPORT

TO: Council DATE: February 14, 2013 FROM: J. Davison, MCIP, Planning Technician MEETING DATE: February 19, 2012 FILE NO: 3060-20-2013/05

233 ANYA LANE – ENVIRONMENTAL DEVELOPMENT PERMIT

RECOMMENDATION

THAT Council approve Development Permit 2013/05 for landscape improvements within the 15m setback from the natural boundary to the sea.

AND THAT the work be supervised by a Registered Professional Biologist (RPBio).

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 DP2013/02 to permit the planting of native vegetation within the 15m setback from the natural boundary to the sea. The planting is being done by the Habitat Acquisition Trust.

PROJECT INFORMATION

The applicant Linda Allen is the owner of 233 Anya Lane. The proposed works will make landscaping improvements within the shoreline Development Permit area and within an area under a privately-held Covenant for Environmental protection. The Victoria-based non-profit land trust Habitat Acquisition Trust (HAT) is performing the work.

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

1. Applicant’s Statement – Linda Allen – undated
2. Detailed Planting Plan – Todd Carnahan of HAT – undated
3. Concept Plan – unknown – undated
4. Title and Covenant FB138916

Proposal

The proposed works are plantings of native plants within the area as described within the submitted plans. The area is subject to a private covenant for environmental protection between the Grantor (owner of Strata Lots 22 & 23) and the Grantee (owner of Strata Lot 24).

The property in question is also within a Natural Watercourse and Shoreline Development Permit area (15m above the natural boundary to the sea). This area is adjacent to waterfront park property (Town owned) which is below the extent of downstream fresh water. There are no riparian considerations along this portion of Millstream Creek.

The Development Permit conditions do not allow plantings in the DP area without a Development Permit. A Development Permit is therefore required to plant in the area.

Issues and Analysis

Staff believes that the planting will provide a net benefit to the area. The land is adjacent to a Town-owned park and staff believes this will have no negative impact on adjacent properties. Invasive species will be removed on the property as part of this planting activity.

Staff has no position on whether this activity will violate the terms of Covenant FB138916. Staff strongly urges the Grantor and the Grantee to come to agreement over the use of the property for this activity in advance of the work being performed.

Staff also strongly urges the applicant to become familiar with the terms of the Heritage Conservation Act with regard to any potential archaeological artifacts which may be present on the property. Should any artifacts be uncovered during work on the site, the applicant is encouraged to cease all work and contact the Province's Archaeology Branch.

RECOMMENDATION

THAT Council approve Development Permit 2013/05 for landscape improvements within the 15m setback from the natural boundary to the sea.

AND THAT the work be supervised by a Registered Professional Biologist (RPBio).

ALTERNATE RECOMMENDATION

An alternative would be that Council refuse the application.

SUBMITTED BY

J. Davison, MCIP, Planning Technician