COUNCIL REPORT: 9 ERSKINE LANE – SOIL REMOVAL
Staff report recommending approval of a soil removal permit for preparation of a rental building site prior to building permit approval.
TOWN OF VIEW ROYAL COUNCIL REPORT
TO: Council DATE: October 13, 2021 FROM: J. Davison, MCIP RPP, Community Planner MEETING DATE: October 19, 2021 FILE NO.: 2021-01
9 ERSKINE LANE – SOIL REMOVAL
RECOMMENDATION
THAT Council approve Soil Removal Permit No. 2021/01 as per the report from the Community Planner dated October 12, 2021.
AND THAT a condition of Soil Removal Permit No. 2021/01 be the receipt of securities totalling 120% of an estimate to return the site to its existing grades, to the satisfaction of the Director of Development Services.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS
I concur with the recommendation.
DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS
I concur with the recommendation.
DIRECTOR OF ENGINEERING’S COMMENTS
I concur with the recommendation.
PURPOSE OF REPORT
The purpose of the report is to present a request for a soil removal permit for 9 Erskine Lane. Any excavation over 500 m³ in volume requires approval from Council in the absence of an approved Building Permit.
BACKGROUND
The project is the subject of the existing, recently-approved Form and Character Development Permit 2021/06, permitting the construction of four attached purpose-build rental buildings containing 336 units. The applicant submitted a Building Permit application this summer, which contained enough disparity between it and the Development Permit that a Development Permit amendment is required. The applicant has yet to submit an amendment application.
Typically, tree removal and soil removal is managed in conjunction with a Building Permit such that no separate permits are required. In this case the applicant has no Building Permit in place but wishes to prepare the site. They have a tree removal permit in hand (secured by a 120% landscape deposit) and wish to begin excavation of the site with a Soil Removal application.
PROJECT INFORMATION
The applicant proposes to remove a total of 22,889 m³ of material from the site.
The applicant includes the following in support of their application:
- Proposed volumes per building – Applicant - Undated
- Topographic survey of natural grade - Undated
- Tree management plan – Lazzarin Svisdahl – May 10, 2020
- Landscape Plan – Buildings A-B and C-D – Lazzarin Svisdahl – May 10, 2020
- Excavation Permit Application Notes – Drainage Control, Site Access, Stages of Excavation – Don Mann Excavating Ltd. – October 1, 2021
- Existing Site Features – Applicant – October 4, 2021
DISCUSSION
The proposed removal is consistent with the approved Development Permit. The difference is that the applicant is performing this excavation without a Building Permit in hand. That said, the Soil Deposit/Removal Bylaw was not drafted with a removal of this scale and may need to be amended in the future to increase what is currently a $10,000 limit on security for deposit or removal activities. Should removal of material at this scale be permitted by Council moving forward, the Town must be able to take securities commensurate with these activities.
To remove the Town’s risk, staff recommends that the permit carry condition that the Town receive security for 120% of an estimate to return the site to its existing grades. The estimate must be acceptable to the Director of Engineering. This would enable work to continue on-site and ensure that the Town is protected regardless of outcome.
RECOMMENDATION
THAT Council approve Soil Removal Permit No. 2021/01 as per the report from the Community Planner dated October 12, 2021.
AND THAT a condition of Soil Removal Permit No. 2021/01 be the receipt of securities totalling 120% of an estimate to return the site to its existing grades, to the satisfaction of the Director of Development Services.
SUBMITTED BY: J. Davison, MCIP RPP, Planner
REVIEWED BY: L. Chase, MCIP RPP, Director of Development Services
ATTACHMENTS:
- Subject Property Map
- Proposed volumes per building – Applicant - Undated
- Topographic survey of natural grade - Undated
- Tree management plan – Lazzarin Svisdahl – May 10, 2020
- Landscape Plan – Buildings A-B and C-D – Lazzarin Svisdahl – May 10, 2020
- Excavation Permit Application Notes – Drainage Control, Site Access, Stages of Excavation – Don Mann Excavating Ltd. – October 1, 2021
- Existing Site Features – Applicant – October 4, 2021
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