TOWN OF VIEW ROYAL COUNCIL REPORT - ENVIRONMENTAL DEVELOPMENT PERMIT NO. 2021/14 - 333A STEWART AVENUE

ENVIRONMENTAL DEVELOPMENT PERMIT NO. 2021/14 - 333A STEWART AVENUE

RECOMMENDATION

THAT Council approve Development Permit 2021/14;

AND THAT Development Permit 2021/14 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 two new dock pilings for an existing dock.

BACKGROUND

The property has an existing dock with no pilings.

PROJECT INFORMATION

The owners have been concerned that pilings are needed to withstand the stresses of tides and storms. The plan is to add two galvanized 12” pilings (note: not stainless steel as previously stated) to the dock.

The additional pilings require 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, 2021
3. Natural Watercourse and Shoreline Development Permit Area Review – Swell Environmental Consulting – May 7, 2021
4. Piling Placement Proposal – Applicant – March 31, 2021
5. Guidance for implementation of pile replacement – Department of Fisheries and Oceans Canada – June 10, 2021

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.

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 two additional pilings on neighbouring properties will be minimal.

Staff is supportive of the application.

RECOMMENDATION

THAT Council approve Development Permit 2021/14;

AND THAT Development Permit 2021/14 include the following variance:

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

SUBMITTED BY: J. Davison, MCIP RPP, Planner

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

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, 2021
4. Natural Watercourse and Shoreline Development Permit Area Review – Swell Environmental Consulting – May 7, 2021
5. Piling Placement Proposal – Applicant – March 31, 2021
6. Guidance for implementation of pile replacement – Department of Fisheries and Oceans Canada – June 10, 2021