HomeMy WebLinkAboutFCS-12-127 - Encroachment Agreement Request - 205 Springmount PREPORT TO:
Committee of the Whole
DATE OF MEETING:
June 25, 2012
SUBMITTED BY:
Jennifer Sheryer, Assistant City Solicitor x2265
PREPARED BY: Sherry Handsor, Legal Assistant x2856
WARD(S) INVOLVED:
2
DATE OF REPORT:
June 19, 2012
REPORT NO.: FCS-12-127
SUBJECT: ENCROACHMENT AGREEMENT REQUEST – EXISTING
WATERFALL, BROOK, POND AND LANDSCAPING AT
205 SPRINGMOUNT PL. ON CITY PARKLAND
RECOMMENDATION:
“That, subject to the property owners providing a sketch to the City, the Mayor and Clerk
be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor,
with the property owners and any mortgagee(s) of the property municipally known as 205
Springmount Pl. (PIN 22729-0210) to legalize an existing waterfall, brook, pond and
landscaping which encroach approximately 30 square metres, more or less, on City
parkland.”
BACKGROUND:
In 2000, the owners of 205 Springmount Pl. installed a pond, brook, waterfall and landscaping at
the rear of their property. A portion of these items are encroaching over City parkland known as
Springmount Park Natural Area.
REPORT:
The owners of 205 Springmount Pl. would like to legalize an existing waterfall, brook, pond and
landscaping which encroach approximately 30 square metres onto Springmount Park Natural
Area.
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Environmental Policy Planning staff has advised that the subject property is zoned R-3
(Residential) with a small portion of their rear lot being regulated by the Grand River
Conservation Authority (Reg. 150/06) as it is adjacent to a tributary of Idlewood Creek and its
associated flood plain. It should be noted that the regulated area extends beyond the rear yard
of the subject property and includes the lands between the rear lot and the creek. The tributary
and associated flood plain are contained within the Springmount Park Natural Area.
The Federal Fisheries Act as well as specific provincial requirements serve as the basis for
conservation of fish and fish habitat. The Ministry of Natural Resources (MNR) and conservation
authorities have a lead role in supporting the City of Kitchener in carrying out the responsibilities
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to identify, characterize, and protect fish and fish habitat. Idlewood Creek has been identified as
a cold water creek which affords it the greatest level of fish habitat protection. The current
recommended buffer to cold water fisheries is a 30 metre vegetation protection zone measured
from each edge of the water feature or where applicable the stable top-of-bank. In this case
due to the age of the development, the existing buffer to the tributary of Idlewood Creek in this
particular area ranges from approximately 10 to 15 metres (measured between the creek and
rear lot lines). However, GRCA has reviewed this matter and has no objection to the
encroachment request. Based on GRCA’s consent, City Environmental Policy Planning staff is
not opposed to this encroachment.
Standard conditions of the encroachment agreement cover off liability issues and require the
owners to provide insurance. Additional conditions to the standard encroachment agreement
would be included to ensure continued public access. The area which contains the
encroachments is a public area and as such the area must remain accessible and fencing of the
City’s property will be prohibited. The agreement will also require that the waterfall, brook and
pond shall be kept free of water that is malodorous or that provides a breeding place for
mosquitoes in accordance with Chapter 665 (Property Standards).
The annual encroachment fee as set out in the Schedule of Fees and Charges is applicable as
this encroachment is over parkland.
The owners of 205 Springmount Pl. believe that their landscaping has enhanced the
appearance of the area to the benefit of the public. They have mentioned that they do not
intend their landscaping to exclude any members of the public from enjoying the area and that
passersby and neighbours have commented that they enjoy what they see. They have also
said that wildlife including deer, birds, snakes, and frogs make use of the water feature that they
have created.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Efficient and Effective Government – Customer Service
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
Community engagement is not necessary for this process. Internal staff and GRCA are
circulated for their comments and/or approval.
CONCLUSION:
All appropriate staff and GRCA approvals have been obtained, therefore, it would be in order to
authorize the execution of an encroachment agreement with the property owners and any
mortgagee(s) of 205 Springmount Pl.
ACKNOWLEDGED BY:
Dan Chapman, Deputy CAO, Finance and Corporate Services
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