4358 Ross Crescent
December 6, 2019 Update
In response to concerns expressed by neighbours and in consultation with the Mayor, the property owners of 4358 Ross Crescent have decided to withdraw their application from the December 16, 2019 Council agenda and reschedule it for January 13, 2020. Local neighbours expressed concerns regarding the December 16, 2019 Council date due to conflicts with the winter holiday season and to request more time to review the staff report and technical information associated with the Development Variance Permit (DVP) application.
Staff will be scheduling a meeting with neighbours for the week of January 6, 2020 to provide information on the application and associated technical reports. At the meeting, staff and the applicant team and property owners will be present to answer questions and receive feedback. Stay tuned for a date and location for the meeting. Once confirmed, staff will update the project webpage.
On December 16, 2019, Council will consider the Development Variance Permit. Staff Report
The applicant submitted the following arborist reports regarding the existing Grand Fir or "eagle perch tree" to evaluate the potential to retain the existing tree.
On July 15, 2019, Council held a public hearing and concurrent public meeting to hear from the public regarding the proposed rezoning and development variance permit for 4358 Ross Crescent.
Prior to the public hearing, the applicant hosted a public information meeting on July 3, 2019, at 6:30 p.m. at the St. Francis-in-the-Wood Hall, located at 4773 South Piccadilly Road, West Vancouver.
On July 22, 2019, Council adopted the zoning bylaw and instructed staff to seek a second opinion regarding the minimum flood construction level for 4358 Ross Crescent.
An application was submitted on March 15, 2018, to redevelop 4358 Ross Crescent with a new single family house.
The initial application was reviewed by staff and further information was requested based on coastal flood hazard assessment and protection requirements outlined by the province. This request was based on the provincial guidelines (Sections 3.5 & 3.6 of the Flood Hazard Area Land Use Management Guidelines) that deal with climate change and sea level rise projections through by the year 2100. Staff requested information certified by a qualified professional to consider flood construction levels, describing how the land would be constructed safely for the intended use.
On April 4, 2019, the applicant updated their application to include the required engineering report including the proposed flood construction level and corresponding plans proposing construction of a new single-family house and garage.
The proposed house is 2,878 sq. ft. along with basement, garage and storage space.
The rezoning application is proposed to allow rezoning of a portion of the site (1,148 sq. ft.) along the water’s edge from M-1 to RS-4 to amalgamate this portion into the larger site and regularize the zoning across the whole site.
The Development Variance Permit is proposing variances to the combined side yard restriction, the maximum retaining wall height, front yard permeability restriction and for calculation of height relative to the flood construction level determined by an engineering report. The retaining walls and the height calculation based on flood construction level are proposed to accommodate protection of the site against future risk of flooding.
FLOOD CONSTRUCTION LEVEL
With the increased risk of flooding due to climate change and sea level rise, staff are conducting analysis to develop policy and/or regulations to mitigate the risk of flood impacts. Section 524 of the Local Government Act, “the Act”, authorizes the District to designate, as a floodplain, land Council considers may be subject to flooding.
Once the District designates land as a floodplain under section 524 of the Act, the District may also specify what is commonly known as a flood construction level for that land. In addition, or alternatively, the District can regulate development in areas prone to flooding by establishing one or more development permit areas under section 488 of the Local Government Act.
In the absence of a bylaw under section 524 of the Act, or a development permit area designation under section 488, there is no legislated “flood construction level” for any particular property in West Vancouver. However, this does not mean the District is obliged to approve permits for construction on land that might be subject to flooding. In the case of building permits, section 56 of the Community Charter specifically authorizes building inspectors to require “safe use” certifications. In the case of development variance permits, it’s open to Council to require an applicant to provide some evidence, for example in the form of a professional certification, that the proposed construction is safe for the intended use.
The District requires that homes are constructed that are not knowingly predisposed to flooding events and are safe for habitation. Staff requested that the applicant provide materials from a qualified professional using the most up to date guidelines and data (i.e. the amended provincial regulations) to satisfy this requirement.