Staff Report - Request for Licence to Occupy – Echo Valley Drive (2309)

Staff Report to Council

Date: September 6, 2016
Department: Land Development
Subject: Request for Licence to Occupy – Echo Valley Drive - 2309

Background

The lands located at 2309 Echo Valley Drive are being considered for a residential development which is comprised of 47 townhouse units developed as a building strata (likely phased). See Attachment 1 for a property location.

The lands are presently zoned CD20 and have applied for a development permit to authorize clearing and grubbing of the site in preparation for development.

Sewer service has been enabled to the lands from Echo Valley Drive. As the land slopes away from Echo Valley drive (from a west to east direction), sewer to this point of sanitary connection would require a pump system; either individual or a strata pump station.

This report requests Council consideration in granting the developer (Ron Coutre) a “Licence to Occupy” a portion of the lands to the east for the purpose of strata sewer connection.

Commentary

The lands abutting 2309 Echo Valley Drive are (see Attachment 2):

The developer has requested City consideration in permitting a Licence to Occupy a 3.0m width of land as shown in Attachment 3 & 4, which crosses through lands the City owns (891 Bear Mtn. Parkway, and 2320 Setchfield Ave) and the stream channel that has been “returned to crown”.

The City has considered the ability to enable a licence to occupy for several projects, including development lands along Luxton (sewer licence to occupy) and Jenkins (storm drainage structures).

• Westshore Environmental Services has no objection to the service route.
• Engineering does not object to the service route.
• Planning does not object to the service route and note that prior to works occurring a Development Permit is to be applied for and issued and that the requirements of that Develoment Permit be met.
• Parks does not object to the service route, however as the route impacts lands that are City owned and forested, have asked for Council consideration in regards to the following conditions that Council may require to enabling the licence to occupy;

1. That any / all trees within the service route (and adjacent to) be surveyed and assessed by an arborist prior to removal consideration
2. That the developer replant trees (and shrubs) as per the replacement ratio recommended by the project biologist and to the Manager of Parks satisfaction
3. That the developer irrigate any newly planted trees and shrubs (2 summer periods minimum) – install irrigation to the Parks Manager satisfaction and pay all costs
4. That the developer (or eventual strata) be responsible for the maintenance of the works contained within the “licence to occupy” area to a point that has been mutually determined by Westshore Environmental Services and the Dir. Of Engineering as the demarcation point between private and public works
5. The developer Install works as approved by the Director of Engineering under the supervision of a Civil Engineer
6. The developer re-instate the pedestrian pathway located along Setchfield Ave from the intersection of Shaw Ave to the trail bollard (located to the intersection’s north along Setchfield Ave) as asphalt to the satisfaction of the Parks Manager
7. The developer remove invasive plants (broom and blackberry) along the trail frontage along Setchfield Ave (for approx. 30m)

The developer must cross a stream channel as part of these works. The Ministry of Environment will need to be engaged with and approve the creek crossing and may impose conditions that the City is not aware of at this time (or may reject the consideration). It is likely that all works will need to be supervised by a registered professional biologist (R.P. Bio).

Council may wish to note that the land areas for which this Licence to Occupy is proposed for are lands that were developed by the same developer (Ron Coutre) during the development of Eagle Ridge phase 1-4, and were given to the City by that developer concurrent with the development of the lands. He provided extensive trail works (which is heavily used) and was responsible for invasive species removal. Both formed part of that land requirement prior to initial acceptance by the City. Council may wish to consider this as being met by the developers past actions (item 8 on the above list).

Financial Implications

There are no financial implications to the City with this Licence to Occupy

Legal Implications

A licence to occupy is proposed to enable sewer connection to the lands for development purpose. Sanitary service is a mandatory requirement to home occupancy, and once established, will not be able to be rescinded. The licence to occupy is therefore permanent in intent.

Options

That Council;

1. Direct staff to draft a “Licence to Occupy” agreement over portions of 891 Bear Mountain Parkway (Lot A, EPP39499; PID 029-321-832) and 2320 Setchfield Ave (Lot 47, VIP74179; No PID) as shown on Attachment 4 to this report for the purpose of sewer service to 2309 Echo Valley Drive (Lot 3, EPP36433; PID 029-221-714),
   AND

2. Enter into a 3.0m Licence to Occupy over portions of 891 Bear Mountain Parkway (Lot A, EPP39499; PID 029-321-832) and 2320 Setchfield Ave (Lot 47, VIP74179; No PID) as shown on Attachment 4 to this report for the purpose of sewer service to 2309 Echo Valley Drive (Lot 3, EPP36433; PID 029-221-714), provided that
   a. A Development Permit has been considered and issued
   b. The developer obtain approval to cross the stream channel by the Ministry of Environment
   AND

3. That as a condition of that Licence to Occupy portions of 891 Bear Mountain Parkway (Lot A, EPP39499; PID 029-321-832) and 2320 Setchfield Ave (Lot 47, VIP74179; No PID) as shown on Attachment 4 to this report for the purpose of sewer service to 2309 Echo Valley Drive (Lot 3, EPP36433; PID 029-221-714), that Council requires;
   a. That any / all trees within the service route (and adjacent to) be surveyed and assessed by an arborist prior to removal consideration,
   b. That the developer replant tree’s (and shrubs) as per the replacement ratio recommended by the project biologist and to the Manager of Parks satisfaction,
   c. That the developer irrigate any newly planted trees and shrubs (2 summer periods minimum) – install irrigation to the Parks Manager satisfaction and pay all costs,
   d. That the developer (or eventual strata) be responsible for the maintenance of the works contained within the “licence to occupy” area to a point that has been mutually determined by Westshore Environmental Services and the Dir. Of Engineering as the demarcation point between private and public works,
   e. The developer Install works as approved by the Director of Engineering under the supervision of a Civil Engineer.
   AND
   f. The developer re-instate the pedestrian pathway located along Setchfield Ave from the intersection of Shaw Ave to the trail bollard (located to the intersection’s north along Setchfield Ave) as asphalt to the satisfaction of the Parks Manager.
   AND
   g. The developer remove invasive plants (broom and blackberry) along the trail frontage along Setchfield Ave (for approx. 30m).
   OR

4. That Council not agree to enter into a Licence to Occupy portions of 891 Bear Mountain Parkway (Lot A, EPP39499; PID 029-321-832) and 2320 Setchfield Ave (Lot 47, VIP74179; No PID) as shown on Attachment 4 to this report for the purpose of sewer service to 2309 Echo Valley Drive (Lot 3, EPP36433; PID 029-221-714).

Respectfully Submitted

Submitted by:
Brent Molnar

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning
Concurrence:
Lorne Fletcher, Manager of Community Safety and Municipal Enforcement
Concurrence:
Mike Leskiw, Parks and Recreation Manager
Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
Concurrence:
Brent Molnar, Manager of Land Development
Concurrence:
Steve Ternent, Director of Finance
Concurrence:
Jim Bowden, Chief Administrative Officer

:BM

Attachment(s)
1 – Subject Lands
2 – Adjacent land use
3 – Plan of Intent to Occupy
4 – Land Requirements