TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: September 23, 2024 Report No. EPW-24-023
TO: Council
FROM: Joel Clary, Director of Engineering & Public Works
SUBJECT: Encroachment Easement on Head Street for Private Drain Infrastructure for 899 Esquimalt Road
RECOMMENDATION:
Recommendation
That Council authorize the Mayor and Chief Administrative Officer to execute the necessary documents to permit an Encroachment Easement on Head Street, attached to Staff Report EPW-24-023, in order to allow the owner(s) of 899 Esquimalt Road to install, operate, use, and maintain private drain infrastructure on Head Street to provide drainage for their driveways and entrances on Head Street.
Body
EXECUTIVE SUMMARY:
The purpose of this report is to provide Council with the necessary details about a proposed Encroachment Easement on Head Street adjacent to 899 Esquimalt Road to accommodate private drainage works, and for Council to provide direction on the execution of the agreement.
BACKGROUND:
In order to facilitate the access requirements of the development at 899 Esquimalt Road, (Lot A, Section 11, Esquimalt District, Plan EPP69557), multiple driveway accesses were established along Head Street. The driveway locations were identified during the rezoning process and later confirmed at the building permit stage. In July 2023, staff identified grading and drainage concerns within the roadway and boulevard portion of Head Street created by the elevation of the driveway entrances at the property line. These concerns were communicated to the developer and changes were requested to meet the standards in Township bylaws.
Through an engineering analysis and discussions with the developer, it was determined that the addition of a trench drain combined with grading changes along the proposed entrances of the building would minimize the risk of drainage concerns between the municipal road right-of-way and the development site. Due to these concerns being identified after foundation construction had commenced, the most cost-effective way to service these drains is to install private trench drains and a drain main within the Township’s right-of-way along Head Street before connecting to the building’s drain service connection further downstream on Wollaston Street.
ANALYSIS:
It is necessary to register an Encroachment Easement (Attachment 1) on the portion of Head Street where the private drain infrastructure will be located (Attachment 2). The purpose of the proposed Encroachment Easement is to allow the owner(s), both present and future, of 899 Esquimalt Road to: “install, operate, use and maintain the drain infrastructure” that will be located on Head Street.
An Encroachment Easement is required to allow a private entity access to this infrastructure that is located under a public road. The proposed Encroachment Easement recognizes that from time to time there will need to be disturbances to the road and boulevard - for example, to maintain, install or repair the private drain main. The proposed Encroachment Easement also spells out the strict conditions under which such disturbances can occur and the measures necessary to minimize the impacts of such disturbances. Since the proposed Encroachment Easement represents a disposition of an interest in public road, a Notice of Disposition was published on September 9, 2024 (Attachment 3).
In disposing of rights in land, a local government must obtain compensation. In this case the compensation is receipt of $1,000.00. The proposed Encroachment Easement represents a practical solution to providing storm water mitigation for both the Township and the development site. Except for a period of time when the drain infrastructure is installed and subsequent repairs to the service which are likely to be infrequent, Head Street will remain a fully functional public road. The only permanent physical manifestation of the proposed Encroachment Easement on the road surface of Head Street will be the trench drains adjacent to the property line. This solution represents a cost-effective approach with no significant negative impacts.
OPTIONS:
1. That Council authorize the Mayor and Chief Administrative Officer to execute the necessary documents to allow an Encroachment Easement on Head Street, attached to Staff Report EPW-24-023, in order to permit the owner(s) of 899 Esquimalt Road to install, operate, use and maintain private drain infrastructure on Head Street to provide drainage for their driveways and entrances on Head Street.
2. That Council provide alternative direction to staff.
3. That Council request further information from staff.
COUNCIL PRIORITY:
Housing
FINANCIAL IMPACT:
There are no significant financial implications. The developer is responsible for all costs associated with providing drain infrastructure to the site.
COMMUNICATIONS/ENGAGEMENT:
Pursuant to Section 26 of the Community Charter, a notice of disposition (Attachment 3) was published on the Township website on September 9, 2024. The notices stated that Council would be considering this matter at its September 23, 2024 meeting.
TIMELINES & NEXT STEPS:
If Council directs staff to execute the agreement, the next step will be registration of the Encroachment Easement. Once registered, the developer will be able to apply for road permits to complete this work.
REPORT REVIEWED BY:
1. Ian Irvine, Director of Financial Services and Information Technology
2. Deb Hopkins, Director of Corporate Services, Reviewed
3. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Attachment 1 - Encroachment Easement - Drain
2. Attachment 2 - Plan EPP135402
3. Attachment 3 - Notice of Disposition