HomeMy WebLinkAboutINS-14-086 - Activa Holdings Inc Drainage Petition Staff Rep►�►r
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REPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: December 8th, 2014
SUBMITTED BY: Hans Gross, Director of Engineering 519-741-2200 ext.
7410
PREPARED BY: Linda Cooper, Manager Development Engineering 519-741-
2200 ext. 7812
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: October 28, 2014
REPORT NO.: INS-14-086
SUBJECT: DRAINAGE PETITION FOR ACTIVA LANDS
RECOMMENDATION:
THAT Council give approval to proceed with and process Activa's Drainage
Petition; and further
THAT the Drainage Petition and notice of Council's decision be sent to the Grand
River Conservation Authority; and further
THAT an Engineering Consultant be retained to complete the third party
engineer's report for a legal outlet for stormwater per the requirements of the
Ontario Drainage Act.
BACKGROUND:
In 2008, the City of Kitchener received a zone change application for land located
immediately north of the Susannah Street extension in the Eby Estate Subdivision 30T-
05201, as highlighted on figure 1. The subject property is currently vacant, and the
developer is proposing to develop the land to contain 48 townhomes. Because the land
is currently zoned Al (Agricultural), the proposal necessitates a zone change to R6
(Residential) and P2 (Open Space) designations.
As part of the zone change application review, the City requires that a legal drainage
outlet be created in which an agreement is required with the adjacent property owners
for a right of conveyance given that no riparian watercourse currently exists. To date no
agreement has been reached between the developer of the subject lands and the
adjacent property owners.
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Figure 1 -Subject lands
REPORT:
The storm water run-off from the subject land under both existing and proposed
conditions will pass through adjacent private lands as over land sheet flow and outlet to
the Laurentian West wetland complex. The proposed development will require a private
stormwater management pond that will treat the water for quality and will match pre to
post development runoff volumes.
On August 22, 2014, the City received a petition for drainage to secure a legal outlet for
stormwater management for the subject lands. This is a legal procedure as outlined in
the Drainage Act. As a requirement of the Drainage Act, the City must respond to the
petition within 30 days. The City can ultimately choose not to proceed with the petition,
in which case each petitioner must be notified. The petitioner then has the right to
appeal the decision to the Minister at a tribunal. Alternatively, the City can decide to
process the application, at which point it has 60 days to appoint an engineer to make an
examination of the area requiring drainage as described in the petition and to prepare a
corresponding report. The engineer's report will make recommendation on the
proposed outlet to convey the overland flow and the City will take ownership of the
outlet as a municipal drain.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This project aligns with the City of Kitchener Strategic Plan (refer to Strategic Plan
document, Development, point 22). Further, this project is also one of the priority
projects identified in the Kitchener Growth Management Plan, as it provides service to
lands identified as Priority A.
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FINANCIAL IMPLICATIONS:
Under the Drainage Act, all costs associated with completing the process including the
engineer's report, legal easements and any construction work are shared between the
benefitting landowners. In this matter, the developer has agreed to be responsible for all costs.
The City will bear no costs for this project.
COMMUNITY ENGAGEMENT:
The City hosted a meeting with all affected land owners on September 11th, 2014 to
explain the drainage petition process, outlining what is included in the process and how
it may impact their property in the future. The affected land owners have been advised
of the date that this report is being considered by this committee. The findings of the
engineers report will also be presented to the affected land owners.
CONCLUSION:
To satisfy the City's condition for a legal outlet as part of the zone change process, it is
recommended that the City proceed with and process the Drainage Petition in
accordance with the requirements of the Drainage Act.
ACKNOWLEGED BY: Jim Witmer, Interim DCAO,
Infrastructure Services Department
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