ENVIRONMENTAL DEVELOPMENT PERMIT NO. 2021/15 - 335 STEWART AVENUE

ENVIRONMENTAL DEVELOPMENT PERMIT NO. 2021/15 - 335 STEWART AVENUE

RECOMMENDATION

THAT Council approve Development Permit 2021/15;

AND THAT Development Permit 2021/15 include the following variance:

• 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 introduce a new application for an Environmental Development Permit with variance to permit the construction of a new dock piling. There is also a proposed piling replacement.

BACKGROUND

The property has an existing dock with one creosote piling (which the applicant is proposing to replace).

PROJECT INFORMATION

The owners have been concerned that one piling is not enough to withstand the stresses of tides and storms. The plan is to replace the one deteriorating creosote piling with a 12” galvanized (note: not stainless as was previously stated) piling and add one additional 12” galvanized piling.

The additional piling requires a variance to the setback from the natural boundary to the sea.

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

1. Letter to Mayor and Council – Applicant – Undated
2. Esquimalt Harbour Small Project Environmental Screening Report (approved by CFB Esquimalt) – Applicant – August 18, 2012
3. Natural Watercourse and Shoreline Development Permit Area Review – Swell Environmental Consulting - April 14, 2021 (completed with addendum)
4. Piling Placement Proposal – Applicant – October 11, 2020
5. Best Management Practices for Pile Driving and Related Operations - Department of Fisheries and Oceans Canada – undated.
6. Guidance for implementation of pile replacement – Department of Fisheries and Oceans Canada – December 18, 2020

The application has been vetted and approved for construction by CFB Esquimalt and the Department of Fisheries and Oceans. DFO has identified the least-risk construction window as far as fish and fish habitat impact, is from December 1 to February 15 and again from July 1 to October 1.

Requested Variances

The application requires the following variance:

1. A variance to the setback from the natural boundary to the sea from 15m to 0m for the placement of a dock piling.

Environment

The Environmental Assessment from Swell Environmental concludes that it is not expected to cause negative impacts to the Development Permit Area provided that the DFO Best Management Practices are followed.

OCP Policy – Natural Watercourse and Shoreline DP Area

Policy direction around pilings within the OCP indicate that pilings are a preferred dock construction method, and creosote pilings are strongly discouraged. Galvanized pilings, as the applicant is proposing, is what the OCP policy asks for in dock construction.

vii. Piers and pilings and floating docks are preferred over solid-core piers.

viii. Docks should be constructed of stable materials that will not degrade over time. The use of unenclosed plastic foam or the use of creosote treated pilings is strongly discouraged.

DISCUSSION

There are two issues for Council to consider:

• The impact of the proposal on the environment.
• The impact of the variance on the use and enjoyment of adjacent properties.

Impact on Environment

Given the responses from DFO, CFB Esquimalt and Swell Environmental Consulting, there is little risk to the environment from the proposal.

Impact on Use and Enjoyment of Neighbouring Properties

Given the location of the dock, staff is of the opinion that the visual impacts of an additional piling on neighbouring properties will be essentially zero.

Staff is supportive of the application.

RECOMMENDATION

THAT Council approve Development Permit 2021/15;

AND THAT Development Permit 2021/15 include the following variance:

• A variance to the setback from the natural boundary to the sea from 15m to 0m.

ATTACHMENTS:

1. Subject Property Map
2. Letter to Mayor and Council – Applicant – Undated
3. Esquimalt Harbour Small Project Environmental Screening Report (approved by CFB Esquimalt) – Applicant – August 18, 2012
4. Natural Watercourse and Shoreline Development Permit Area Review – Swell Environmental Consulting - April 14, 2021 (completed with addendum)
5. Piling Placement Proposal – Applicant – October 11, 2020
6. Best Management Practices for Pile Driving and Related Operations - Department of Fisheries and Oceans Canada – undated.
7. Guidance for implementation of pile replacement – Department of Fisheries and Oceans Canada – December 18, 2020