DECISION REQUEST REPORT Governance & Priorities Standing Committee

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1 DECISION REQUEST REPORT Gvernance & Pririties Standing Cmmittee DATE: Octber 26, 2012 PREPARED BY: ENDORSED BY: Ian Sctt, Senir Planner, Develpment Services Deb Day, Directr, Planning and Develpment SUBJECT: Retaining Walls and Assciated Alteratin f Lt Tpgraphy Executive Summary The purpse f this reprt is t prvide Cuncil with infrmatin, analysis and recmmendatins regarding the pssibility f intrducing new regulatins in the Zning Regulatin Bylaw that wuld limit retaining walls t a maximum height f 1.22 m. This is the secnd f fur reprts n a series f tpics that relate t grade, landscaping and perceptin f building height n slped sites. There are currently n regulatins that limit retaining wall height r the degree t which the grade f the land arund a building may be altered. In the many slped areas f Victria, recent develpment trends have resulted in significant alteratin f the tpgraphy as well as cnstructin f large retaining walls. Sme f these develpments have caused cncern due t their perceived visual impact n the public realm and neighburs, lss f privacy fr adjacent neighburs, shadwing f neighburing prperties, altered drainage patterns and safety risks. Staff have analyzed these issues as they relate t retaining walls and assciated alteratin f the lt tpgraphy, examined appraches used in ther municipalities and recmmend the fllwing amendments t the Zning Regulatin Bylaw: adding a definitin fr retaining wall and tiered retaining walls intrducing a maximum retaining wall height limit f 1.22 m (4 ft) with the prvisin fr taller retaining walls adjacent t driveways and in sunken stairwells and windw wells intrducing a maximum slpe f a 1 t 1.5 rati (66.7%) fr any tiered retaining walls with a minimum f 0.6 m (2 ft) f planted landscaping between the tiers. These recmmended changes will result in cnstructin f lwer-height retaining walls in setback areas that mre clsely fllw the existing slpe f the lt and mre mdest entrance features. The recmmended changes may make it mre challenging and cstly t build n sme sites, but will help ensure that buildings n slped sites d nt have an undue impact n the public realm r neighburs. There will remain the ptin fr site-specific cnsideratin f unique slutins thrugh a variance applicatin. Since these prpsed changes are significant, staff recmmend that public engagement ccur.

2 Gvernance and Pririties Standing Cmmittee Octber 26, 2012 Retaining Walls and Assciated Alteratin f Lt Tpgraphy Page 2 f 10 Recmmendatins 1. That Cuncil direct staff t undertake public engagement related t prpsed amendments t lw density residential znes f the Zning Regulatin Bylaw that wuld: (a) (b) (c) add definitins fr retaining wall and tiered retaining walls t establish the meaning f these terms; intrduce a maximum retaining wall height limit (1.22 m) with the prvisin fr taller retaining walls adjacent t driveways and in sunken stairwells and windw wells; intrduce a maximum slpe f a 1 t 1.5 rati (66.7%) fr any tiered retaining walls with a minimum f 0.6 m f planted landscaping between the tiers. 2. That staff reprt the results f the public engagement t the Gvernance and Pririties Standing Cmmittee fr cnsideratin and further directin. Respectfully submitted, Ian Sctt Deb Day Peter Sparanese Senir Planner Directr General Manager Develpment Services Planning and Develpment Operatins Reprt accepted and recmmended by the City Manager: Gail Stephens IS:aw W:\Zning Bylaw\Zning Bylaw Review\Phase 2\Reprts\GPC Reprt 2 - Retaining Walls- Octber 26.dc

3 Gvernance and Pririties Standing Cmmittee Octber 26, 2012 Retaining Walls and Assciated Alteratin f Lt Tpgraphy Page 3 f Purpse The purpse f this reprt is t prvide Cuncil with infrmatin, analysis and recmmendatins regarding the pssibility f adding new regulatins t the Zning Regulatin Bylaw (ZRB) that wuld limit retaining walls t a maximum height f 1.22 m. This is the secnd f fur reprts n a series f tpics that relate t grade, landscaping and perceptin f building height n slped sites. 2. Backgrund This reprt addresses issues related t the Phase 2 Zning Regulatin Bylaw Imprvement Prject, fcused n Grade Calculatins in Lw Density Residential Areas. Thrugh this wrk, a number f interrelated issues, including issues pertaining t the cnstructin f retaining walls and assciated alteratins f lt tpgraphy, were identified. On slped sites, significant alteratin f land, facilitated with the cnstructin f retaining walls, ccurs fr a variety f reasns including: prviding utdr living and gardening space prviding access t basement areas prviding pedestrian circulatin frm the building t the street r frm the building t ther areas f the lt prviding raised side yard access t upper flrs accmmdating required driveway slpe grades and basement garage access. At present, the ZRB des nt regulate the size r lcatin f retaining walls. As a result, retaining walls are nt subject t building setback r height regulatins. Currently, the City s Building Bylaw requires a building permit fr retaining walls 1.0 m r higher. Despite this existing Bylaw requirement, many retaining walls in the City f Victria have been cnstructed withut permit. Nnetheless, the building permit requirement addresses nly structural issues and des nt include any siting r height limitatins. 3.0 Issues The issues assciated with retaining walls and assciated alteratin f lt tpgraphy include: retaining wall height and siting retaining wall definitin retaining wall safety and drainage issues. 4.0 Analysis 4.1 Retaining Wall Height and Siting There are currently n ZRB regulatins which limit the maximum height f retaining walls r limit where n a lt they may be sited. As a result, the cnstructin f large retaining walls has ccurred withut any evaluatin as t the impact they may have n the public realm r adjacent prperties. In sme circumstances, retaining walls have facilitated extensive excavatin and in ther circumstances extensive berming. Nt nly can the retaining wall have an impact itself, but the cnstructin f a retaining wall can raise the elevatin f a lt s tpgraphy which can prvide increased pprtunity fr verlk frm any raised areas.

4 Gvernance and Pririties Standing Cmmittee Retaining Walls and Assciated Alteratin f Lt Tpgraphy Octber 26, 2012 Page 4 f 10 As demnstrated in the cmpendium reprt n Grade Calculatin in Lw Density Areas, neither berming nr excavatin can be used t increase permitted building height. Nevertheless, cnstructin f a new building that meets zning height and setback requirements can have bth visual impacts and create verlk issues. In this cntext, the questin fr analysis is t what degree the lack f regulatins related t the siting and height f retaining walls in required yards creates additinal issues that shuld be addressed. Anther study tpic included in the Phase 2 - Zning Regulatin Bylaw Imprvement Prject list, that Cuncil apprved, was Sil Depsitin and Remval Regulatins. The pwer fr a municipality t regulate sil depsit and remval is prvided by the Cmmunity Charter. Sil depsit and remval regulatins are typically applied by municipalities t prperties that are nt assciated with new building develpment. These regulatins als typically deal with the vlume f material that is added r remved frm a site and these vlume-based restrictins are nt well-suited t addressing the issues f the final cnfiguratin f a lt after sil depsit r remval. If Cuncil cnsiders that it is advisable t regulate the degree t which the yards f lw-density develpment sites can be raised r lwered, regulating the height f retaining walls is the mst straightfrward methd fr ding s. The apprach t regulating retaining walls in ther municipalities ranged frm n regulatins t regulatins that permit retaining wall heights up t 3.0 m high, depending n the siting and inclusin f landscaped screening. Based n this review, it is recmmended that the public and develpment industry be cnsulted n the fllwing new retaining wall height limits: 1.22 m (4 ft) retaining wall height limit as measured frm natural grade and finished grade, with n siting restrictins and with the fllwing exemptins 2.0 m (6.6 ft) height limit t finished grade fr a retaining wall parallel t a driveway and within 3.0 m (9.8 ft) f a building face n height limit fr a retaining wall facing a sunken stairwell r windw well an verall slpe rati f 1 t 1.5 (66.7% r 36 7/8 ) fr tiered retaining walls, with a minimum 0.6 m landscaping strip between tiers. There wuld be n restrictin n the siting f retaining walls that meet these prpsed height restrictins. These recmmended retaining wall regulatins are designed t prvide fr sme cnsistency with ther ZRB regulatins and industry practices including: 1.22 m (4 ft) retaining wall is an industry standard fr pre-fabricated systems 1.22 m (4 ft) is the current height limit fr fences erected in a frnt yard

5 Gvernance and Pririties Standing Cmmittee Octber 26, 2012 Retaining Walls and Assciated Alteratin f Lt Tpgraphy Page 5 f m (4 ft) is the maximum height established by many municipal zning bylaws 1.22 m (4 ft) high retaining wall is a height f retaining wall which is recgnized t nt require structural engineering a slpe rati f 1 t 1:5 (66.7%) is used as the rati fr tiered retaining wall systems in ther municipalities, including Oak Bay. Figure 1: Illustratin f tiered retaining walls and prpsed maximum slpe f rati 1 (vertical) t 1.5 (hrizntal). The prpsed limits n retaining wall heights will require that huse and landscape designers alter sme f their practices. This will include cnsideratins fr the design f driveways fr basement garages; f stairs and walkways t side drs; f utdr spaces; stairs and walkways t frnt drs n slping lts. Optins still available include nt siting the building right up t the setback line t prvide space t build raised stairs utside the building; building smaller ftprint hmes; cnstructing detached rather than attached garages; and fcusing n pedestrian circulatin within buildings rather than prviding mre external pedestrian circulatin ptins. Staff have cnsidered that part f the need fr external circulatin is t prvide entrances t secndary suites, which are ften in the basement r lwest level f a hme. With the previusly implemented changes t the ZRB that requires basement ceiling height t be n mre than 1.2 m abve average grade, it is inevitable that retaining walls will be necessary n many lts t prvide direct access t these basement living spaces. One f the utcmes f the prpsed new regulatins may be increased sil and rck remval related t side and rear entrances (see Figure 2). This may be the case because the recmmended regulatins make it mre difficult than under existing regulatins t build access t upper-flr levels (e.g. with raised stairs and walkways), but will permit excavatin t allw lwer flr entrances.

6 Gvernance and Pririties Standing Cmmittee Retaining Walls and Assciated Alteratin f Lt Tpgraphy Octber 26, 2012 Page 6 f 10 Figure 2: Illustratin f raised and partially sunken entrances. 4.2 Retaining Wall Definitin Part f the issue is that walls are smetimes being cnstructed t raise the grade f the prperty and cnstruct new built structures adjacent t buildings (e.g. raised patis) rather than truly retaining slpes. As such, staff is recmmending a definitin f retaining wall and tiered retaining walls (e.g. a series f retaining walls). These definitins wuld clarify that at least part f the area behind a retaining wall r at the tp tiered retaining walls wuld need t be at r belw natural grade (see Figure 3). This wuld exclude circumstances where a wall is used t raise the grade f land arund a building t cnstruct a raised pati r walkway. As such, whether it is a raised pati, raised walkway, deck r raised wden stairway, these circumstances will be treated equally and need t meet ZRB setback requirements. Figure 3: Illustratin f definitin f what cnstitutes a retaining wall r tiered retaining walls as cmpared t using walls as a methd build extensins t buildings. Tiered Retaining Walls: Retaining Wall:

7 Gvernance and Pririties Standing Cmmittee Octber 26, 2012 Retaining Walls and Assciated Alteratin f Lt Tpgraphy Page 7 f Retaining Wall Safety and Drainage Issues As described abve, the individual retaining wall height limit is a height which des nt require prfessinal engineering. Therefre, individual retaining walls built t be in cmpliance with the prpsed ZRB requirements shuld nt pse any safety issues prvided they are built using nrmal cnstructin methds. The existing Building Bylaw requires that a building permit be btained fr the cnstructin f a retaining wall greater than 1.0 m in height that directly supprts a building, but des nt currently apply t a retaining wall (f any height) that is nt assciated with the building. In the case f tiered retaining walls, retaining walls built within the maximum slpe f 1 t 1.5 prpsed by this reprt are recmmended t be designed by a prfessinal engineer based n engineering best-practices. Hwever, unless the tiered retaining walls are assciated with a building fundatin then the City currently has n building permit requirement. Staff are currently in the prcess f reviewing the Building Bylaw and will be cnsidering hw t mst apprpriately align the City s building regulatins with any ZRB amendments that are implemented by Cuncil. The existing Plumbing Bylaw requires that impervius surfaces drain int a public strm sewer. Hwever, sme exemptins apply fr single family dwelling and duplex lts, including driveway areas nt larger than 40 m 2. The Plumbing Bylaw als specifies that strmwater cannt be directed nt an adjining lt. In additin, where redevelpment ccurs n a lt which is at a lwer elevatin than the adjacent lts, the Plumbing Bylaw requires the installatin f a curtain drain. Where a building permit is required fr a retaining wall r tiered retaining walls then drainage issues wuld be addressed thrugh that prcess. Given the recmmended individual retaining wall height limits and the circumstances in which this size f retaining wall will be cnstructed, the requirements f the Plumbing Bylaw that require a cnnectin t a strmwater system will generally nt apply. 5.0 Public Engagement As the recmmended amendments t the ZRB prpsed in this reprt may have an impact n the public and prperty wners, it is recmmended that members f the public and develpment prfessinals be engaged t review and cmment. The prpsed engagement strategy wuld cnsult mre extensively with thse prfessinals in the cnstructin and renvatin industry wh have experience designing buildings and sites that cmply with the ZRB. Fr members f the public, the strategy wuld be t infrm while prviding pprtunity fr cmment and feedback. Staff recmmends the fllwing engagement activities: 1. Cnsultatin meeting(s) with individuals representing the fllwing grups: Certified BC Land Surveyrs Architects Landscape Architects Getechnical Engineers Huse Designers Hmebuilders

8 Gvernance and Pririties Standing Cmmittee Octber 26, 2012 Retaining Walls and Assciated Alteratin f Lt Tpgraphy Page 8 f 10 Develpers Realtrs. 2. Publicatin n the City s website utlining the prpsed changes and prviding an pprtunity t submit cmments r fill ut a survey nline, in additin t written submissins. 3. Letters t each f the Cmmunity Assciatin Land Use Cmmittees with an explanatin f the prpsed changes and inviting their cmment. 6.0 Optins Optin 1 (staff recmmendatin) 1. That Cuncil direct staff t undertake public engagement related t prpsed amendments t lw-density residential znes f the Zning Regulatin Bylaw that wuld: (a) (b) (c) add definitins fr retaining wall and tiered retaining walls t establish the meaning f these terms; intrduce a maximum retaining wall height limit (1.22 m) with the prvisin fr taller retaining walls adjacent t driveways and in sunken stairwells and windw wells; intrduce a maximum slpe f a 1 t 1.5 rati (66.7%) fr any tiered retaining walls with a minimum f 0.6 m f planted landscaping between the tiers. 2. That staff reprt the results f the public engagement t the Gvernance and Pririties Standing Cmmittee fr cnsideratin and further directin. Optin 2 That Cuncil receive the staff reprt Retaining Walls and Assciated Alteratin f Lt Tpgraphy fr infrmatin and nt prceed with landscape-related amendments t the Zning Regulatin Bylaw. Optin 3 That Cuncil direct staff t prepare Zning Regulatin Bylaw amendments t the lw-density residential znes, and t frward the Zning Regulatin Bylaw amendment bylaw fr cnsideratin at a Public Hearing, that wuld: (a) (b) (c) add definitins fr retaining wall and tiered retaining walls t establish the meaning f these terms; intrduce a maximum retaining wall height limit (1.22 m) with the prvisin fr taller retaining walls adjacent t driveways and in sunken stairwells and windw wells; intrduce a maximum slpe f a 1 t 1.5 rati (66.7%) fr any tiered retaining walls with a minimum f 0.6 m f planted landscaping between the tiers.

9 Gvernance and Pririties Standing Cmmittee Octber 26, 2012 Retaining Walls and Assciated Alteratin f Lt Tpgraphy Page 9 f Resurce Impacts It is expected that, if implemented, the prpsed changes t the ZRB will have the fllwing resurce impacts: Impact n the public: Owners and develpers will need t wrk mre within the natural grade levels f a prperty. On sme sites this may increase develpment csts. Requirement fr mre cmplete site grading and retaining wall infrmatin will add t the cst f preparing building permit applicatins in terms f survey csts and prductin f grading plans. Currently, grading issues are typically nt an element that is cnsidered in much detail until later in the cnstructin prcess. Sme prperty wners and develpers may have t make a variance applicatin. Impact n City staff time: Review f building permits and assciated grading plans will require mre staff time. Validatin f wrks n-site t ensure cmpliance with bylaws and plans will require staff t cnduct mre frequent site visits. There are apprximately 30 applicatins per year fr new single-family and duplex hmes, which wuld be the primary fcus f these new regulatins. Hwever, fr the majrity f these applicatins, the existing site tpgraphy means that the new regulatins will have minimal impact. Fr sme applicatins, the new regulatins may lead t slightly lnger permit prcessing perids. Over the past few years, staff has had t spend a large amunt f time n a few files due t issues related t grade and height calculatins and alteratin f lt tpgraphy. Staff expects that the prcess f requiring cncept grading plans at the building permit stage will lead t identificatin f grading issues earlier in the building prcess, which will result in reduced demands n staff time in the lng run. 8.0 Cnclusins The alteratin f land is a required cmpnent f new building cnstructin. This reprt identifies that the ZRB des nt limit the height f retaining walls, which has resulted in the cnstructin f sme large retaining walls, causing cncern. Retaining wall height limits are a feature in many B.C. municipalities and staff recmmends the implementatin f similar retaining wall height limits in the City s ZRB. This reprt als recmmends a definitin f retaining wall and tiered retaining walls that will ensure that retaining walls are assciated with retaining slpes and nt used as a technique t avid building setback regulatins. The prpsed new regulatins will be a significant change when cmpared t hw sme recent prjects have been cnstructed, and will require designers and builders t wrk mre with the existing tpgraphy f the lt. Huse and landscape designers may need t alter sme f their practices fr designing driveways, side and rear dr entrances, utdr living spaces and frnt dr access. Hwever, many ptins are still available. Where unique circumstances exist, an applicatin fr a variance is als an ptin.

10 Gvernance and Pririties Standing Cmmittee Octber 26, 2012 Retaining Walls and Assciated Alteratin f Lt Tpgraphy Page 10 f Recmmendatins 1. That Cuncil direct staff t undertake public engagement related t prpsed amendments t lw-density residential znes f the Zning Regulatin Bylaw that wuld: (a) (b) (c) add definitins fr retaining wall and tiered retaining walls t establish the meaning f these terms; intrduce a maximum retaining wall height limit (1.22 m) with the prvisin fr taller retaining walls adjacent t driveways and in sunken stairwells and windw wells; intrduce a maximum slpe f a 1 t 1.5 rati (66.7%) fr any tiered retaining walls with a minimum f 0.6 m f planted landscaping between the tiers. 2. That staff reprt the results f the public engagement t the Gvernance and Pririties Standing Cmmittee fr cnsideratin and further directin.

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