Staff Report: Environmental Development Permit with Variance - 2750 Herbate Road

PROJECT INFORMATION

The applicant is proposing constructing an elevated boardwalk, ramp, and floating dock adjacent to and upon Mackenzie Lake, which is a fish-bearing lake within the Craigflower Creek watershed.

This application is very similar to an approved Development Permit from 2016 for a dock at 2670 Herbate Rd, two properties to the south.

As can be seen from the 2019 satellite photo above, the four properties to the south all have docks on the lake. The proposed dock would be consistent with the existing.

In advance of obtaining municipal approval, the applicant has satisfied federal and provincial requirements for dock construction as per the Environmental Assessment:

1. No development is proposed within the Riparian Assessment Area, as defined by the Riparian Area Protection Regulation (RAPR), all work is below the High Water Mark, and a RAPR Report is not applicable for the project and is not required.
2. An application for Notification under Section 11 of the Water Sustainability Act will be submitted to the province simultaneously with the Development Permit Application Submission to the Town of View Royal.
3. The proposed dock meets the requirements for Crown Land Use – General Permission for Private Moorage, and no additional applications are required.
4. The proposed project will meet the Fisheries and Oceans Canada requirements for Measures to protect fish and fish habitat and does not require a project review.

A condition of the Development Permit will be that the applicant receive the Change Approval from the province as per Section 11 of the Water Sustainability Act (point 2 above).

The subject property is subject to a requirement to obtain a Development Permit according to the Shoreline and Natural Watercourse Development Permit Area (DPA). This DPA focuses on the protection of environmentally sensitive areas.

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

1. Applicant’s Statement – March 23, 2020
2. Dock Plan and Elevation – March 5, 2020
3. Swell Environmental Assessment – March 23, 2020

Variance Required

The construction of the dock requires a variance to the setback from the natural boundary of any lake, pond, marsh, or stream from 30m to 0m as described within Zoning Bylaw No. 900, 2014.

ISSUES AND ANALYSIS

The proposed works are within the Natural Watercourse and Shoreline Area and must address the associated Development Permit Guidelines. A table discussing how these Development Permit Guidelines are met by the proposal is attached to this report.

Of specific note is the section on docks and boat launches:

Guidelines – construction of new and replacement of existing docks and boat launch facilities

i) Docks and wharves should ensure that public access along the shore is maintained, and should serve multiple users as much as possible rather that one dock per property. ii) Design, size and location of docks and wharves should not limit opportunities for water access for neighbouring private properties. iii) Private docks and wharves should be designed to provide access to the water and seasonal boating opportunities, rather than sized to facilitate year round moorage of boats. iv) Docks and wharves should be sited to avoid impacts on sensitive ecosystems such as eelgrass beds, fish habitat, and natural processes such as currents and littoral drift. v) Docks should be constructed in a manner that permits the free flow of water beneath. Supports should be located on a hard substrate. vi) Floating docks should not rest on the bottom at any time and a minimal, moveable ramp should be utilized to connect the dock with the shore rather than a fixed wharf or pier. 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.

The proposal meets the guidelines for dock construction.

Proposed Works

The applicant proposes an elevated boardwalk, ramp, and floating dock. The Environmental Assessment recommends that the following best management practises be implemented during the project:

• Work will be completed during:
  • reduced-risk fisheries window - August 15-September 15, 2020
  • a period of forecasted dry weather
• No heavy equipment will be used for the installation, all work will be by hand, including a hand held pile driver
• No excavation or clearing of vegetation is required for installation
• Vegetation trimming will be minimized and limited to slightly wider than the dock and elevated walkway, vegetation will be allowed to regrow.
• No sediment will be permitted to enter McKenzie Lake during installation.
• Environmental monitoring during key phases of the installation:
  • Project start up (pre-construction meeting with contractor)
  • During vegetation trimming
  • Periodically during installation of the dock
  • At completion

The Environmental Assessment goes on to conclude:

In summary, a Natural Watercourse and Shoreline Development Permit and Water Sustainability Act Section 11 Notification for Changes In And About A Stream are required for installation of the dock. This proposal is for a dock to provide access to the lake, with the minimal footprint to suit the purpose, and will be constructed by hand to minimize the impact of the installation. The dock will be installed over a section of invasive, non-native reed canary grass, and some native riparian shrubs will be trimmed for the installation of the dock and will be allowed to regrow.

No sensitive ecosystems or rare species were observed in the area that will be affected by the proposed work, and the work will be conducted during the reduced risk fisheries window. Provided the BMPs are followed during construction, this project is not expected to have any adverse effects on the ecological function of McKenzie Lake.

Staff believes that the proposal meets all the Town’s requirements and provides a very elegant, minimal design. Staff is supportive of the application.

NEXT STEPS

Staff will notify of the variance to properties within 100m of the subject property for a Council meeting in June 2020.

RECOMMENDATION

THAT the report dated May 12, 2020 from the Community Planner titled “Environmental Development Permit with Variance – Natural Watercourse and Shoreline Development Permit Area – 2750 Herbate Road” be received for information.

SUBMITTED BY: J. Davison, MCIP RPP, Planner

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

ATTACHMENTS:

1. Subject Property Map
2. Subject Property Orthophoto
3. Applicant’s Statement – March 23, 2020
4. Dock Plan and Elevation – March 5, 2020
5. Swell Environmental Assessment – March 23, 2020