TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: October 21, 2024 Report No. EPW-24-024
TO: Committee of the Whole
FROM: Joel Clary, Director of Engineering & Public Works
SUBJECT: Boulevard Alteration Permit Review
RECOMMENDATION:
Recommendation
That the Committee of the Whole recommends that Council direct staff to remove the Boulevard Alteration Permit process from the Township’s Guide to Boulevard Modifications and the Boulevard Maintenance Bylaw No. 2860 to allow acceptable boulevard modifications to be completed by residents without Boulevard Alteration Permits, as described in Staff Report EPW-24-024.
Body
EXECUTIVE SUMMARY:
The Township Guide to Boulevard Modifications (Guide) is the guiding document for residents to alter boulevard space in front of their property that resides on municipal property. To receive a Boulevard Alteration Permit to alter the boulevard according to the Guide, a resident must provide a planting plan, proof of neighbourhood support, insurance, and a deposit. This report provides the Committee of the Whole with an alternate option from Vancouver and Victoria that does not require a permit to be issued before modifications to the boulevard can occur. Staff are seeking direction and feedback from the Committee on if staff should make changes to the Guide and corresponding bylaws to reflect this approach.
BACKGROUND:
The Township Guide to Boulevard Modifications (Guide) and Boulevard Maintenance Bylaw No. 2860 (Bylaw) were established in 2015. According to Staff Report No. EPW-15-006 from the February 2, 2015 Council meeting, the need for the Guide was due to issues created by modification in the boulevard, including:
• Disruption of sightlines for vehicular movements
• Encroachment of vegetation on sidewalks so that it is difficult to walk on the sidewalk
• Visually unpleasing street furniture
• Violation of the Streets and Traffic Bylaw by parking on the boulevard
• Removal of the modifications due to utility services removal, replacement, upgrade or new construction
• Disputes between neighbors
Subsequent changes were made to the Guide in 2019 and 2020 (for further details, see staff Report EPW-19-034 from the November 25, 2019 Council meeting).
Since the Guide’s implementation in 2015, the Guide has served as a document that provides a fair and consistent approach to boulevard alterations. The Guide does this by describing modifications that are allowed (examples: grass, plants, flowers, and vegetable beds) and not allowed (examples: hardscape, rocks, structures, and parking), and requiring certain criteria to be met, including:
• Planting plan detailing the type and location of plants
• Survey 90% of homes within the sphere of influence (determined by staff)
• Approval of 80% of homes surveyed
• $500 deposit
• Sign an indemnification and release form
• Proof of property damage and public liability insurance, showing Township of Esquimalt as an additional named insured, in the minimum amount of two million dollars ($2,000,000)
If the application for a Boulevard Alteration Permit (Permit) meets the above criteria and is an allowable modification, staff approve the Permit. For applications that do not meet the criteria, direction from Council is requested. Typically, this is for direction on modifications that aren’t allowed in the Guide (example: deer fence).
Recently, staff received feedback that the process is onerous for someone trying to improve the boulevard space. Based on this feedback, staff have taken a cursory review of alternative approaches to managing boulevards. This search identified an option being used in Victoria and Vancouver that outlines similar criteria as the Township’s Guide but does not require a permit process in order for residents to complete modifications identified in the guidelines. Detailed information can be found in the guidelines on the municipal websites at the following locations:
• vancouver.ca/files/cov/boulevard-gardening-guidelines.pdf
• victoria.ca/media/file/boulevard-gardening-guidelines
Staff are seeking direction and feedback from the Committee on if staff should explore changes to the Township’s Guide and Bylaw to reflect the approach in Vancouver and Victoria.
ANALYSIS:
Staff recommend making changes to the Guide and Bylaw to remove the Boulevard Alteration Permit process from the Guide and Bylaw to allow acceptable boulevard modifications to be completed by residents without Boulevard Alteration Permits. Similar to the Guide, the guidelines from Vancouver and Victoria provide the public with information they need to make modifications to the boulevard but without requiring a permit and the requirements that come with the application process (example: canvassing neighbours).
Staff do not expect this change to have a significant impact on the amount of boulevard improvements, but it will make the process easier for residents considering improvements. If these changes are made, it is expected to reduce staff time processing applications; however, the impact is minimal as staff typically process less than ten applications per year.
If the permit process is removed, staff will review the Bylaw and other bylaws including the Maintenance of Property and Nuisance Regulation, Streets and Traffic Regulation, and Tree Protection Bylaws to ensure violations of any approved guidelines can be enforced by bylaw. Before staff explore the necessary changes to these bylaws, staff are seeking feedback from the Committee on if they are interested in removing the permit process from the Guide and Bylaw.
Should the Committee consider changes to the Guide and Bylaw, additional feedback on allowable and non-allowable modifications should be considered. The allowable modifications in the Guide are the installation of grass, flowers, plants, and vegetable beds. Size and locations restrictions on these installations are provided in the Guide.
The Guide lists examples of non-allowable modifications as:
• Large items (i.e. boulders, driftwood)
• graveled or river rock
• surface treatments hard surface treatments (i.e. concrete, pavers, asphalt)
• boulevards modified to become parking areas
• structures (i.e. fences, sheds, retaining walls, posts)
• fountains or water features
• street furniture (i.e. benches, swings, chairs)
• address signs or holders
• private mailboxes
• a continuous feature along the entire frontage of the property
• community library structures
The above list of allowable and non-allowable modifications from the Guide closely align with the guidelines provided by Vancouver and Victoria. Slight variations occur between the two guidelines and the Township’s Guide, including:
• stones are permitted but can’t exceed 10% of the boulevard area
• ornaments are allowed if movable and don't interfere with access/visibility
• artificial turf is not permitted
• recommended plant list provided
The guidelines from Vancouver and Victoria and the Township’s Guide all focus on environmental benefits in the allowable and non-allowable modifications, except for use of ornaments. Staff recommend continuing this practice of prioritizing environmental benefits and including the variations listed above, except for the use of ornaments, in any update to the Guide. The recommended plant list would be provided by the Parks Department.
Staff feel this solution addresses the resident concerns regarding the onerous process while also preserving the original intent of the Guide. Note that the resident feedback described trees as part of the addition to the boulevard, but this is not a permitted part of resident driven boulevard modifications as trees are municipal assets that are maintained by the Parks Department. Acceptance of trees in the boulevard as part of developments will be considered through the development review process.
Environmental Impact
The City of Vancouver’s Guidelines describe the benefits as:
Boulevard gardens can create more beautiful, interesting and diverse streets, add character to neighbourhoods and increase feelings of community pride. They can also support environmental benefits such as increasing ecological diversity and providing bird, butterfly and pollinator habitats.
By removing the permit process from boulevard modifications, it will be easier for residents to implement improvements and see the community and environmental benefits described above.
OPTIONS:
1. That the Committee of the Whole recommends that Council direct staff to remove the Boulevard Alteration Permit process from the Township’s Guide to Boulevard Modifications and the Boulevard Maintenance Bylaw No. 2860 to allow acceptable boulevard modifications to be completed by residents without Boulevard Alteration Permits, as described in Staff Report EPW-24-024.
2. That the Committee of the Whole recommends to Council to not change the Township’s Guide to Boulevard Modifications or the Boulevard Maintenance Bylaw No. 2860.
3. That the Committee of the Whole provide alternative direction to staff.
4. That the Committee of the Whole request further information from staff.
COUNCIL PRIORITY:
Climate Resilience & Environmental Stewardship
FINANCIAL IMPACT:
There is minimal financial impact with making changes to the Guide and Bylaw. Staff may require legal services on any bylaw changes. The costs of these services will be managed within existing operating budget.
COMMUNICATIONS/ENGAGEMENT:
No public communications or engagement has been completed at this time. Any future changes made to the Guide and Bylaw will be communicated to the public through social media, newsletters, and website updates.
TIMELINES & NEXT STEPS:
If Council directs staff to make changes to the Guide and Bylaw, staff will utilize the existing Guide and guidelines from Vancouver and Victoria, along with the feedback provided by the Committee to inform the changes. Staff time is expected to be low, and staff do not expect this change to be significant enough to warrant an Impact Assessment. Should the staff time exceed these expectations as staff explore the changes, staff will bring an Impact Assessment to Council for Council’s consideration.
Once the necessary documents have been updated, staff will bring a report to Council for review and approval before implementation. Staff expect this to occur in Q1 2025.
REPORT REVIEWED BY:
1. Ian Irvine, Director of Finance, Reviewed
2. Sarah Holloway, Deputy Corporate Officer, Reviewed
3. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Attachment 1 - Township Guide to Boulevard Modifications
2. Attachment 2 - Boulevard Maintenance Bylaw 2860