ENVIRONMENTAL DEVELOPMENT PERMIT - NATURAL WATERCOURSE AND SHORELINE ENVIRONMENTAL DEVELOPMENT PERMIT AREA - 49 TOVEY CRESCENT

ENVIRONMENTAL DEVELOPMENT PERMIT - NATURAL WATERCOURSE AND SHORELINE ENVIRONMENTAL DEVELOPMENT PERMIT AREA - 49 TOVEY CRESCENT

RECOMMENDATION

THAT the report dated April 8, 2020 from the Community Planner titled “Environmental Development Permit – Natural Watercourse and Shoreline Environmental Development Permit Area – 49 Tovey Crescent” be received for information.

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 an application for an Environmental Development Permit with variances to permit construction of what is an already-completed set of retaining walls within the 15m setback to the natural boundary to the sea within the Natural Watercourse and Shoreline Development Permit Area.

BACKGROUND

The property is 1223m2 and zoned R-1: Detached Residential (Large Lot) and is adjacent to Esquimalt Harbour. There were (and still are) existing lawfully non-conforming structures on the property prior to the current proposal and partial (unauthorized) works, including set of retaining walls (the high westernmost walls) and stairs to the water. Through a site visit all have been determined to be significantly older than the Town’s regulations (and thus lawfully non-conforming) with the exception of the proposed new walls. These new walls were discovered during a Building Permit submission and subsequent site visit. The building permit was for a wooden deck structure which does not project into the 15m setback, but which will be supported by the level surface created by the existing retaining wall and hard landscaping surface behind it.

PROJECT INFORMATION

The application is requesting approval of the existing constructed retaining walls.

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

1. Applicant Letter – February 24, 2020
2. Plans – Flintstones Construction – February 20, 2019
3. Environmental Assessment – Aquatex Scientific Consulting Ltd – February 5, 2020
4. Geotechnical Field Review / Site Instruction – Ryzuk Geotechnical – December 6, 2019

ISSUES AND ANALYSIS

Environment

The submitted Environmental Assessment speaks largely to the requirement for removal of invasive species from the Development Permit area. This will be written as a condition of the Development Permit.

Staff recommends that a detailed landscape planting plan (replacing the invasive species) be submitted before the item returns to Council.

Geotechnical

The Ryzuk Geotechnical Field Assessment / Site Instruction states that they consider the proposed construction to be suitable for the residential purpose, but that the property and the walls are susceptible to further surficial creep, retaining wall cracking and seismic instability in the future. These do not appear to be written as critical issues given that the report states that the construction is ‘generally conformant’ with the DP guidelines within the Town’s OCP.

Variances requested

• Variance to the setback from the natural boundary to the sea from 15m to 10m
• Variance to the prohibition of retaining walls within the Development Permit Area.
• Variance to the height of a retailing wall from 1.2m to 1.5m

DISCUSSION

There are three issues here for Council to consider:

• The impact of the addition (and its construction) on the stability of the slope
• The environmental impact of removing invasive species and planting native species
• The impact of the variance on the use and enjoyment of adjacent properties

The requested variances for the retaining walls (largely replacing existing walls) 10m from the natural boundary does not appear to have a significant impact on either the adjacent properties or the environment. Council does have the option of requiring further investigation into the slope stability on the property, but it does not appear to be of critical concern for the engineer.

The recommended removal of invasive species within the DP area (including the bamboo and other non-native species) and the planting of native species will improve the condition of the DP area. Staff is recommending a landscape planting plan before the item returns to Council.

ALTERNATE RECOMMENDATION

Given the comments within the geotechnical report, Council could require a more detailed set of recommendations from an engineer and proposed measures to address some of the non-critical concerns in the geotechnical report either in advance of the application coming forward for approval, or as a condition of the Development Permit.

Council could also not approve the retaining walls; in which case they must be removed. The removal would require alternate recommendations for Council to consider. Should this be the option Council wishes to take, the property owner would be required to address slope retention issues and the feasibility of removing retaining walls entirely from that location.

RECOMMENDATION

THAT the report dated April 8, 2020 from the Community Planner titled “Environmental Development Permit – Natural Watercourse and Shoreline Environmental Development Permit Area – 49 Tovey Crescent” be received for information.

SUBMITTED BY: J. Davison, MCIP RPP, Planner

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

ATTACHMENTS

1. Applicant Letter – February 24, 2020
2. Plans – Flintstones Construction – February 20, 2019
3. Environmental Assessment – Aquatex Scientific Consulting Ltd – February 5, 2020
4. Geotechnical Field Review / Site Instruction – Ryzuk Geotechnical – December 6, 2019