District of Nomtfo SaaMcli STAFF REPORT

Transcription

1 District of Nomtfo SaaMcli STAFF REPORT To: RobBuchan Date: October 29,2013 Chief Administrative Officer From: Jamai Schile File: DP Planner Re: Proposed construction of a driveway at subject property: Lot 2, Section 23, Range 3 West, Plan District of North Saanich (478 Lands End Road) RECOMftflENDATION(S): THAT Council approves the draft Development Permit DP to 478 Lands End Road permitting the construction of a driveway on Lot 2, Section 23, Range 3 West, Plan District of North Saanich. PURPOSE: The owner of the subject property on behalf of the Estate located at 478 Lands End Road has submitted a request for a Development Permit to construct a driveway that permits road access to the parcel from Lands End Road. The proposed driveway would transect the adjacent parcel also owned by the applicant and is located within Development Permit Area No. 4 - Steep Slope. If the Development Permit for the proposed driveway were approved then the Construction Permit and an easement registered on title over Lot A in favour of Lot 2 would follow. LOCATION MAP: (Subject property highlighted in red).

2 Page 2 STRATEGIC PLAN IMPLICATIONS: This application may have implications with regards to one of the strategic priorities: Strategic Priority #4: Build a strong and vibrant community SITE PARTICULARS: Owner: Robert Lieberman on behalf of the Estate of Eliot Lieberman Applicant: Phil Buchanan Civic Address: 478 Lands End Road Legal Description: Lot 2, Section 23, Range 3 West, Plan District of North Saanich Parcel Identifier (PID): Existing Lot Size: 0.52 acres Existing Zoning: R-2 Single Family Residential Surrounding Land Uses: East: R-2 Single Family Residential South: RA -1 Rural Agricultural West: R-2 Single Family Residential North: M-6 Marine Non-Commercial Current Land Use: woodland - undeveloped lands BACKGROUND: The site property is located in the Deep Cove Neighbourhood, nestled in the north-east corner of the peninsula. The subject property is located along the natural boundary of Satellite Channel, bound to the south by Lands End Road, and to the east and west by single family residential properties. The property is approximately 85m in length and 24m in width. The site is currently undeveloped and consists of vegetation with mainly mature trees and bushes and a few bedrock outcroppings. The proposed driveway will be approximately 90m in length and sloped at 15 percent (15%) at the steepest, generally extend parallel to the south of the existing driveway at 488 Lands End Road (Schedule A). The property is currently listed for sale and the owner/ estate would like to build a driveway to enable road access to the site and to promote the future development of the site as a single family residence.

3 Page 3 Topography Map: Aerial View with 0.5m Contours and DP No. 4 Steep Slope Areas ^ «A t% J] * - " \^ t' / y j - /V > i, k, i 1 ', -v -- -r=- - : - f. - : -. v _- L. f"7 "'"S3. DISCUSSION: Staff notes the following consideration: 1. Official Community Plan {Bylaw 1130) Development Permit Area No.4 - Steep Slope; 2. Land Use Bylaw (Bylaw 1250); 1. OCP- DPA Guidelines No.4 Staff has considered the relevant DPA Guidelines and reviewed the requested Geotechnical Report. Staff found that to attain the desired driveway site modifications are required including: rock blasting, moderate steep slope cut and fill, tree removal and localized stabilization and/ or retaining walls may need to be constructed. While, there appears to be less risk of tree removal affecting slope stability, the potential for these activities to contribute to sediment entering the aquatic habitat, specifically Satellite Channel, is more likely. Thus, silt migration measures will be required, especially if construction where to commence as proposed during the rainy season. The proposed grade of the driveway 15 percent (15%) exceeds the DPA guidelines of 10 percent (10%) for new developments required to accommodate fire protection vehicles (s ). The report confirms that the variance in slope is feasible for this site from a geotechnical prospective. However, the grade of the slope can limit the ability of emergency vehicles to access properties as well as interfere with the function of the pumps. The owner/ estate and the Fire Chief have agreed to test out the grade once the drive way is "roughedin" to determine if the proposed 15% grade is satisfactory for emergency vehicles before the drive way is completed. If the grade fails the test then the owner/ agent will be required to compile with the 10% grade. Table 1 summarizes the proposed variance. 003

4 Page 4 [able 1: Variance Summary Development Permit Area No A. Guideline 14,6.2 "...New development will be required to provide access for fire protection vehicles at a grade not more than 10 percent". Item Proposed Variance Not more than 15 percent 5 percent 2. Land Use Bylaw Staff have considered the relevant District of North Saanich Zoning Bylaw (No. 1255) and the proposed driveway conforms with current zoning. OPTIONS: 1. Approve the draft Development Permit DP to 478 Lands End Road permitting the construction of a driveway on Lot 2, Section 23, Range 3 West, Plan District of North Saanich. 2. Council to advise applicant how the Development Permit guidelines can be met. FINANCIAL IMPLICATIONS: N/A LEGAL IMPLICATIONS: N/A CONSULTATIONS: A sign has been posted in accordance to the District's policy. INTERDEPARTMENTAL INVOLVEMENT/IMPLICATIONS: A Construction Permit issued by the District with a damage deposit will be required prior to any construction commences. REFERRALS: District of North Saanich Fire Chief regarding grade and emergency vehicle access. Staff have considered the environmental implications of this proposal and have not referred this application to the Environmental Advisory Commission (EAC) because proposed activities are considered minor and the environmental considerations identified by the engineer and the planner's site visit have been addressed in the draft Development Permit (Appendix A). SUMMARY/CONCLUSION: A District of North Saanich review of the subject area and the site plan designs for the proposed driveway to permit access to Lands End Road is within the permitted uses of the current R-2 Single Family Residential zoning. The Geotechnical Report confirms that the proposed driveway with a 15 percent (15%) grade at its steepest is feasible for this site. The proposed grade 004

5 Page 5 exceeds the Development Permit Area No. 4 guidelines and as such a variance has been included in the draft permit subject to the approval of the District's Fire Chief. Site plan sketches and grade profiles are attached in Schedule A and Schedule B. As previously stated the owner/estate has listed the property for sale and wishes to provide road access to the property to attract future development of a single family resident on the site. Staff have no concerns and recommends approval of the proposed driveway on the subject property. RECOMMENDATION(S): THAT Council: approves the draft Development Permit DP to 478 Lands End Road permitting the construction of a driveway on Lot 2, Section 23, Range 3 West, Plan District of North Saanich. Appendix: A. Draft Development Permit with Schedules Respectfully submitted, Planner Chief Administrative Officer Mark Brodick Director of planning and Community Services Director of Infrastructure Services Theresa Flynn Director of Financial Services Manager of Corporate Services 0

6 Page 6 DRAFT APPENDIX A DISTRICT OF NORTH SAANICH DEVELOPMENT PERMIT DP (Section 920 Local Government Act) DATE: XXXXXXXX, 2013 To: Robert Lieberman on behalf of the Estate of Eliot Lieberman Address: 475 Nelson Road North Saanich, B.C V82 4B7 This Development Permit is hereby issued by the Council of the District of North Saanich to Phil Buchanan for construction of a driveway on south boundary of subject property in Development Permit Area No.4 - Steep Slope, on Lot 2, Section 23, Range 3 West, Plan District of North Saanich (478 Lands End Road) subject to the following terms and conditions: 1. Schedules: This Permit has the effect of authorizing the following requirements are imposed under sections 920 (7) and (7.1) of the Local Government Act Development of the site shall be in substantial compliance with the attached drawings and documents: a. Site Plan - Submitted September 12, 2013 (Schedule "A") b. Driveway specifications and design - August 14, 2013 (Schedule "B") 2. Conditions: As provided for under sections 920 (7) and (7.1) of the Local Government Act, the following conditions must be adhered to: a) For clarity, the only development (construction and/or alteration of land/vegetation) permitted under this Permit is that which is necessary to satisfy the conditions listed below and referenced in the attached schedules; b) No further construction activity with respect to the driveway, steep slope cut and fill, tree removal and localizes stabilization/ retaining walls is permitted without first obtaining all necessary municipal permits; c) A geotechnical engineer must monitor the works and sign-off on the structural stability of the driveway, slope and any retaining walls that may be required when completed; d) Use, inspect and maintain appropriate silt mitigation measures, such as sediment traps and silt fences to retain sediment on-site; g) Where possible, vegetation shall be introduced into exposed portions of the cut slope and shall consist of native and non-invasive species; h) All equipment must be in good working order with no leaks; 0C6

7 Page 7 i) Spill kits must be kept on hand; 3. Variance: The Development Permit varies Section of the Development Permit Area No. 4 Steep Slope Guidelines to allow a maximum grade of 15 percent (15%) at the steepest for the new driveway. This variance is subject to testing of access and function of emergency vehicles prior to the completion of the driveway and requires the approval of the District of North Saanich's Fire Chief to proceed to completion. Registration: Notice of this Permit shall be filed in the Land Titles Office at Victoria, B.C. under s.927 of the Local Government Act, and upon such filing, the terms of this Permit (DP ) or any amendments hereto shall be binding upon all persons who acquire an interest in the affected Lands affected by this Permit. Permit Expiry: If the Permittee does not substantially start any construction permitted by this Permit within two years of the date of this Permit as established by the authorizing resolution date, this Permit shall lapse. The plans and specifications attached to this Permit are an integral part of the Permit. Other Permits: Despite issuances of this Permit, construction may not start without a Building Permit, a Construction Permit, an Access Permit or other necessary permits. It is the owner's responsibility to determine whether such permits are required. AUTHORIZING RESOLUTION PASSED BY THE COUNCIL OF THE DISTRICT OF NORTH SAANICH ON THE XX DAY OF XXXXX, Approved by Council Resolution No. Date: XXXXXXXXXXXXX, ?

8 EXISTING GROUND AT-v PROPOSED DRIVEWAY \ i5 2S~-- - ^ ^ ^--^--^ - " 0.00% % ^FIN SHED GRADE AT PROPOSED DRIVEWAY $ 490 3? d S O "i to J IO + h i: CO cn ( CO o "3 g to O n DO 1"- f- T> ^ "* of/- -M ) V DENOTES EXISTING TREE DENOTES TREE TO BE REMOVED (SUBJECT TO REVIEW BY THE PROJECT ARBOCST) AsfN SPK. J.E. ANDERSON IRll S. ASSOCIATES SURVEYORS - ENGINEERS KAWFQRD AVE. WJTOFdA. BC. VSJZ4B7 m. r^ FAX: 2SO >MAL; fcitoepbsndsraon.ewti DRAWN; SNL SCALE: t:250 DATE: AUGUST 14, 2013 LEGAL DESCRIPTION-: LOT 2, SECTION 23, RANGE 3 1BT, NORTH SAANICH EMSTCICT, PLAM C U E N T PROJECT MR. ROBERT PROPOSED LIEBERMAN DISTRICT OF MCRTH SAANICH DRIVEV/AY ACCESS LOT 2 PLAN LANDS END RD C1 SHEET 1 OF 4 ENG:

9 o TOP OF BANK No. 0 SPECIES MU r) SPECIES Hi, ft SPECIES FIR SI FIR E0 FIR FIR FIR ARBUTUS FIR FIR FIR O0O CEDAR FIR FJK 6C FIR D FIR C0 F?R FIR CEDAR FIR FIR FIR FIR S FIR FIR RR DEC FIR FIR FIR FIR FIR FIR FIR FIR FIR G0 FIR CEDAR FIR FIR FIR CEDAR CEDAR FIR CEDAR FIR ARBUTUS CEDAR FIR FIR C FIR ARBUTUS CEDAR BO CEDAR ARBUTUS FIR CEDAR ARBUTUS FIR CEDAR FIR CEDAR CEDAR FIR FIR CEDAR FIR CEDAR CEDAR FIR FIR ES CEDAR FIR CEDAR CEDAR FIR CEDAR 61 H 230 CEDAR FIR FIR CEDAR FIR IR FIR FIR FIR ARBUTUS 61B8 270 ARQUTUS 6119 too FIR FIR NOTE: ALL TREE DIAMETERS AND SPECIES ARE APPROXIMATE. TO BE CONFIRMED BY ARBORIST. SITE TOPQQ.RAPH 1? PUN H 1:500 M9f ]3ia HLHH J.E, ANDERSON G. ASSOCIATES SURVEYORS - ENGtMEEfE 4?1Z raanfobo AVE. vcrorio, EC. VB EL:2ED FJW: 2ETJ SS EMU.: Ho0jeandarowi.com DRAWN: SL SCALE: 1:500 DATE: AUGUST 14, 2013 LEGAL DESCRIPTION: LOT 2, SECTION 23. RANGE 3 WEST, NORTH SAANICH DISTRICT, PLAN a o T PROJECT SHEET 2 OF 4 ENG: MR. ROBERT LIEBERMAN DISTRICT OF WORTH SAANICH PROPOSED DRIVEWAY ACCESS SITE TOPOGRAPHIC PLAN C2