HomeMy WebLinkAboutINS-15-077 - Activa Drainage Petition
REPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: September 21, 2015
SUBMITTED BY: Linda Cooper, Manager Development Engineering, ext.7974
PREPARED BY: Eric Riek, Project Manager Development Engineering, ext.7136
WARD(S) INVOLVED: 5
DATE OF REPORT: August 31, 2015
REPORT NO.: INS-15-077
SUBJECT:Activa Drainage Petition
Susannah Street Site- Activa Weiss
___________________________________________________________________________
RECOMMENDATION:
That the Engineering Report for the Gravel Ridge Drain (Activa Drainage Petition),
prepared by K. Smart Associates Ltd., dated August 31, 2015, be received and
approved; and further
That the Engineering Report for the Gravel Ridge Drain be adopted by by-law (in
the prescribed form specified by the Drainage Act) to formally establish the
Gravel Ridge Drain as a municipal drain.
EXECUTIVE SUMMARY:
In August 2014, the City of Kitchener received a Petition for Drainage Works by Owners
under the Drainage Act, R.S.O. 1990, c. D.17. The petition was submitted by Activa
Holdings Inc. in order to secure an outlet for a planned stormwater management (SWM)
facility to service a proposed residential development south of Ottawa Street with
access from Gravel Ridge Trail, (Part Lot 130, German Company Tract, 58R-3628 Part
6, City of Kitchener).
K. Smart Associates Ltd. was appointed by the City of Kitchener on December 18,
2014, in accordance with Section 8 of the Drainage Act, to prepare an Engineer’s
Report to address the Petition. Two public meetings were conducted. Meeting notices
were sent to the landowners and agencies affected by the proposed drain, including the
Grand River Conservation Authority. Based on discussions at the public meetings, as
well as surveys, site visits and office work, the consultant has finalized their
recommendations for establishing the drain.
The report recommends incorporating approximately 174 metres of existing
watercourse and constructing approximately 18m of swale. There will be a few small
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
3 - 1
trees that will need to be removed as a result of the swale construction. Access for the
above work will be from the Activa property.
BACKGROUND:
On August 22, 2014, Activa submitted (to the City) a “Petition for Drainage Works by
Owners” under Section 4 of the Drainage Act RSO 1990 c.D.17. The petition relates to
lands located in the Laurentian West community owned by Activa Holdings Inc.
(“Activa”). The lands front onto Gravel Ridge Trail in the Eby Estates subdivision and
are legally described as Part Lot 130, Part 6 of Reference Plan 58R-3628, German
Company Tract, City of Kitchener. The intent of the petition is to secure a storm outlet
for the stormwater management (SWM) facility proposed to service a multiple
residential development on the subject lands.
Activa submitted a Zone Change and Site Plan application to the City of Kitchener in
December, 2008 for the development of 48 condominium townhouse units. The
stormwater run-off from the lands under both existing and future development passes
through adjacent private lands as overland sheet flow to the Laurentian West wetland
complex. The development includes the standard SWM strategy to match pre to post
development runoff volumes to mitigate impact on downstream lands.
Prior to tabling a report to Committee and Council on the proposed Zone Change
application, Planning staff advised in a post circulation letter dated January 17, 2011
that a “legal outlet” may be required from the adjacent land owner. Activa was unable to
reach an agreement with the adjacent property owner. Activa consulted an engineering
consultant experienced with the Drainage Act and were advised that the Drainage Act
process may be used to secure an outlet when adjacent landowners cannot agree on a
solution to a drainage issue.
REPORT:
In August 2014, the City of Kitchener received a Petition for Drainage Works by Owners
under the Drainage Act, R.S.O. 1990, c. D.17. The petition was submitted by Activa
Holdings Inc. in order to secure an outlet for a planned stormwater management (SWM)
facility to service a proposed residential development south of Ottawa Street with
access from Gravel Ridge Trail, (Part Lot 130, German Company Tract, 58R-3628 Part
6, City of Kitchener).
K. Smart Associates Ltd. was appointed by the City of Kitchener on December 18,
2014, in accordance with Section 8 of the Drainage Act, to prepare an Engineer’s
Report to address the Petition. Two public meetings were conducted. Meeting notices
were sent to the landowners and agencies affected by the proposed drain, including the
Grand River Conservation Authority. Based on discussions at the public meetings, as
well as surveys, site visits and office work, the consultant has finalized their
recommendations for establishing the drain.
The recommendation of the Gravel Ridge Drain report is to incorporate the existing
watercourse across the Kellner property as a municipal drain with status under the
3 - 2
Drainage Act. The watercourse outlets into the wetland area on the Church parcel (refer
to Figure 1). Due to wetland designation on this property, this point of discharge
satisfies the Drainage Act’s requirement for a municipal drain to have a sufficient outlet,
that is, flow discharged from a municipal drain must not cause additional damage to
downstream lands or roads. If Land Use designation on the Church parcel changes in
the future, the Gravel Ridge Drain can be extended downstream under the Drainage
Act. The report also establishes a corridor along the alignment of the drain to provide
access for future maintenance.
To connect the Activa parcel with the watercourse on the Kellner parcel, the report
recommends approximately 18m of swale excavation (150mm deep, 2m wide) with
excavated material placed to the east of the swale to prevent overflow (refer to Figure
2). There will be a few small trees that will need to be removed as a result of this work.
Access for the above work will be from the Activa property.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The Gravel Ridge Drain is aligned with the City of Kitchener Strategic Plan (refer to
Strategic Plan document), Community Vision, Community Priorities – Environment,
Development, as well as Efficient and effective government.)
FINANCIAL IMPLICATIONS:
The total cost of the Gravel Ridge Drain is $27,575 exclusive of net HST. The cost of
the Gravel Ridge Drain includes engineering, construction, report processing costs and
allowances paid to landowners for right-of-way along the route of the drain. In
accordance with Sections 22, 23 and 74 of the Drainage Act, the initial cost to establish
the Gravel Ridge Drain and any future maintenance costs are assessed to the lands in
the watershed using the schedules included in the Engineering Report.
Based on an agreement between the City and Activa Holdings Inc., all costs of the
drainage petition (including staff time) will be paid for by Activa. Including staff time, the
total cost is $36,143.00. The City will front-end the cost out of Engineering Studies to be
reimbursed at the end of the study. The agreement for Activa to pay all costs is
unrelated to the content/recommendations/process of the Drainage Act report.
COMMUNITY ENGAGEMENT:
INFORM – Two stakeholder meetings were held with City staff, GRCA and affected
landowners and landowners within the watershed.
COLLABORATE – A stakeholder committee was formed to assess the alternatives
including staff from Engineering, GRCA as well as all affected landowners and
landowners within the watershed.
CONCLUSION:
In accordance with the Drainage Act requirements, K. Smart Associates Ltd. has
finalized their recommendations to establish a legal outlet for the subject lands.
3 - 3
In conclusion, Staff recommends that the Engineering Report for the Gravel Ridge
Drain, prepared by K. Smart and Associates Ltd. be received and approved.
Following approval by committee, and provided that the petition remains valid at the
conclusion of the meeting, a Bylaw must be passed by Council to formally establish the
Gravel Ridge Drain.
ACKNOWLEDGED BY:
Dev Tyagi, Deputy CAO, Infrastructure Services Department
3 - 4
3 - 5
3 - 6
ENGINEERING REPORT
GRAVEL RIDGE DRAIN
City of Kitchener
Region of Waterloo
August 31, 2015
File No. 15-041
K. SMART ASSOCIATES LIMITED
85 McIntyre Drive, Kitchener, ON, N2R 1H6
\\server\data\2015\15-041\Engineering\Report\15-08-31 Gravel Ridge Drain Report.doc
3 - 7
3 - 8
K. SMART ASSOCIATES LIMITED
CONSULTING ENGINEERS AND PLANNERS
85 McIntyre Drive, Kitchener, ON N2R 1H6519-748-1199
August 31, 2015 File No. 15-041
GRAVEL RIDGE DRAIN
City of Kitchener
UMMARY
S
In August 2014 the City of Kitchener received a Petition for Drainage Works by Owners under Section
4(1) of the Drainage Act, R.S.O. 1990, c. D.17. The Petition was submitted by Activa Holdings Inc. to
secure a drainageoutlet for their property south of Ottawa Street and north of Gravel Ridge Trail, (Part
Lot 130, German Company Tract, 58R-3628 Part 6) in the City of Kitchener.On March 9, 2015 the City
of Kitchener appointed K. Smart Associates Limited to prepare a drainage report on the petition received.
The property represented on the petition (Roll No. 011-06400), referred to herein as the Activa parcel,is
situated south of Ottawa Street and west of David Bergey Drivewith access from Gravel Ridge Trail.
The objective of this report is toprovide a drainage outlet for the Activa parcel.
This objective will be achieved by:
Incorporating an existingwatercourse as a drain under the Drainage Act (commonly referred to as
amunicipal drain) northeasterly from the northeast corner of the Activa parcel to an outlet into a
wetland area on the south side of Ottawa Street.
Improvement is required to the existing watercourse for 18m northeasterly from the northeast
corner of the Activa parcel.
Establishing a corridor along the drainto provide access for the City of Kitchener to conduct
future maintenance work as required.
The new drain will be known as the Gravel Ridge Drain.
A summary of the proposed Gravel Ridge Drainis as follows:
192m of watercourse to be incorporated
including one culvert and 18m of watercourse improvement
The total estimated cost of the work is $28,000
The total drainage area affected is 6.9hectares (17.1 acres)
Schedule A shows the assessment of the total estimated costto the affected lands.
Schedule B will be used for prorating future maintenance cost on the Gravel Ridge Drain
Schedule C, which will be used to levy the final cost of the drain, indicates estimated net assessments
after deducting grants and allowances where applicable.
DRAINAGE HISTORY
There is no record of any drainage works previously constructed under the Drainage Act withinthe
watershed of the proposed Gravel Ridge Drain.
3 - 9
Gravel Ridge Drain- 2 - August 31, 2015
City of Kitchener
ON-SITE MEETING
On April 28, 2015 an on-site meeting was conductedfor the Activa Petition. All owners affected by the
area requiring drainage on the Activaproperty werenotified along with the Grand River Conservation
Authority, the Region of Waterloo and the City of Kitchener. The following is a summary of the on-site
meeting discussion:
Activa Holdings Inc. - (Roll 011-06400)
Jennifer Voss noted that current parcel is used for agriculture but is proposed for future residential
development. Approval of the zone change application is contingent on theavailability of a legal outlet
for the proposedstormwater management facility for the development. The stormwater management
facility is designed to ensure that peak runoff levels after development match pre-development
agricultural runoff conditions. The stormwater management facility will also be designed to recreate the
current surface drainage flow toward the northeast corner of the property.
Kellner – (Roll No. 012-10900)
WilliKellner noted that his property, except for his residence, is a wood lot under the Managed Forest
Tax Incentive Program. He noted that the 450mm concrete pipe culvert in the watercourse is
approximately 40 years old. He installed the culvert for a woodlot trail through his property. He
currently does not have any specific concerns with the watercourse or the culvert on his property.
Central Baptist Church – (Roll No. 012-10801)
CraigPolach, representing the Church parcel, inquired about the wetland designation on much of the
church property and the stormwater management plan for the future development on the Activa parcel.
Grand River Conservation Authority
Robert Messier and KaitlynSmith, GRCA staff, explained the designation of lands as wetland and the
regulation limit for the wetland that was established under the Conservation Authorities Act. GRCA staff
noted no concerns with the proposed drain if no major work was proposed on the existing watercourse.
SITE EXAMINATION AND SURVEY
Following the on-site meeting the Engineer and meeting attendees examined the watercourse from the
Church parcel to the Activa parcel. Additional site examination and survey occurred during May and
June 2015.
Watercourseand Downstream Wetlands
From the Activa parcel the land generally slopes northeast through a wooded area with surface runoff
gathering in a definedwatercourse.The watercourse transitions from a defined channel into a wetland
area at the property boundary between the W. Kellner parcel (Roll No. 012-10900) and the Central
Baptist Church parcel (Roll No. 012-10801). The GRCA regulated wetland area is located in the
northwest part of the Church parcel on the south side of Ottawa Street and to the west of David Bergey
Drive. The wetland is an open area with marsh type vegetation such as cattails. Flow from this wetland
area continueseasterly along the south side of Ottawa Street to an open water wetland area on a parcel
(Roll No. 012-10800) located at the corner of Ottawa Street and David Bergey Drive. Overflow from this
wetland area, which is also a regulated wetland on GRCA mapping, entersthe storm drainage system on
David Bergey Drive before flowinginto the largeopen water area of theLaurentian Wetlandson the east
side of David Bergey Drive.
Kellner access culvert
The existing 450mm concrete pipe access culvert installed by Kellner appearedto be in stable condition.
The culvert is functional and adequate for the current landuse on the property.
\\server\data\2015\15-041\Engineering\Report\15-08-31 Gravel Ridge Drain Report.doc
3 - 10
Gravel Ridge Drain- 3 - August 31, 2015
City of Kitchener
Watercourse onA. Cutajarand W. Kellner parcels
The main watercourse on the Kellner property continues westerly near the northeast corner of the Activa
parcel. A defined watercourse was observed in the northeast corner of the Activa parcel which continued
northeasterly across the northwest corner of the Cutajar property (Roll 011-065) and into the main
watercourse on the Kellner property. The watercourse on the Cutajar property was poorly defined and it
appeared from site examination that flow in this watercourse may at times continue easterly across the
north part of the Cutajar property to another watercourse to the east.
AUTHORITY FOR REPORT
As a result of discussion at the on-site meeting and the site examination,the area requiring drainage for
the Activa petitionwas determined to be the northeasterly portion of the Activa parcel where surface
drainage from the parcel currently leaves the property. The signatures on the petition represent all of the
land within the area requiring drainage thus the Activa petition is valid under Section 4(1)(a) or 4(1)(b) of
the Drainage Act.
WATERSHED
Land use in the Gravel Ridge Drain watershed is primarily woodlot except for the Activa parcel where
approximately 80% of the parcel is currently cultivated agricultural land.
The perimeter watershed for the Gravel Ridge Drainwas established by site examination and topographic
information provided by the City of Kitchener, along with preliminary site servicing drawings for the
proposed development. Under present conditions the southeast corner of the Activa parcel flows
southeasterly into the storm drain system for the existing residential development to the south.
Preliminary site servicing drawings indicate this flow pattern will remain after development is completed.
No outlet is required for this area.
DESIGNCONSIDERATIONS
Open Channel
From station 0+221 to 0+395, the existing watercourse has an average slope of 3% (5.6m fall). The
existing watercourse provides adequate capacity for the current runoff from the upstream watershed. As
noted above, future development on the Activa parcel will be required to match existing runoff conditions
therefore the existing watercourse will provide adequate capacity for a post development condition.
From station 0+395 to 0+413the existing watercourse is poorly defined. A 2m wide saucer shaped swale
with 2% grade is to be excavated on this interval. Excavated material is to be leveled on the east bank to
increase the swale depth and prevent overflow to the east.
Culverts
The existing 450mm diameter concrete pipe culvertfor the woodlot access trail on the Kellner property
(Station 0+267 to 0+274) hascapacity for a 10-year storm eventwhich is more than adequate capacity for
the current use of theculvert.
Sufficient Outlet
Sufficient outlet under the Drainage Act is defined as the point at which water can be discharged with no
additional damage to downstream lands or roads. Based on site examinationand survey, the regulated
wetland area on the Central Baptist Church property does provide sufficient outlet for the watercourse to
be incorporated.
Environmental Impact
The proposed Gravel Ridge Drainis the incorporation of an existing watercourse with minor
improvement at the upper end of the existing watercourse. The proposed Gravel Ridge Drain will thus
not have an impact on the local environment. GRCA will be provided a copy of the report for review.
\\server\data\2015\15-041\Engineering\Report\15-08-31 Gravel Ridge Drain Report.doc
3 - 11
Gravel Ridge Drain- 4 - August 31, 2015
City of Kitchener
SECOND SITE MEETING
A secondmeeting was held on August 12, 2015. All landowners in the Gravel Ridge Drainwatershed
were notified for the meeting along with affected agencies and municipal staff. The site investigation and
preliminary recommendations for the Gravel Ridge Drainwere presented at the meeting along with a
review of the preliminary cost estimate and preliminary assessments to the lands in the watershed.
RECOMMENDED WORK
As a result of the discussion at the on-site meeting, the site examination and the design considerations the
following is recommended to provide a drainage outlet for the Activa parcel:
Central Baptist Church (Roll No. 012-10801)
Station 0+000 to 0+221
This interval of the drain survey and profile is through a wetland area on this parcel.
The wetland area is the outlet for the existing watercourse and is sufficient outlet for the upstream
watercourse to be incorporated.
This interval of the survey and profile is notpart of the Gravel Ridge Drain.
W. Kellner (Roll No. 012-10900)
Station 0+221 to 0+404
Existing watercourse to be incorporated.
6m wide right of way centered on existing watercourse established for access for future maintenance.
Station 0+267 to 0+274
7m length of 450mm diameter concrete pipe access culvert to be incorporated.
Station 0+395 to 0+404
A 2m wide saucer shaped swale with 2% grade is to be excavated on this interval. Excavated material is
to be leveled along one or both sides of the new swale. Excavation and leveling may require the removal
of a few small trees (less than 50mm diameter).
A. Cutajar (Roll No. 011-06500)
Station 0+404 to 0+413
Existing watercourse to be incorporated.
6m wide right of way centered on existing watercourse established foraccess for future maintenance.
A 2m wide saucer shaped swale with 2% grade is to be excavated on this interval. Excavated material is
to be leveled on east side of the new swale. Excavation and leveling may require the removal of a few
small trees (lessthan 50mm diameter).
Activa (Roll No. 011-06400)
Station 0+413 to 0+475
An access route through this property from Gravel Ridge Trail to the northeast corner of the parcel will be
used for construction proposed and for future maintenance.
This interval of the survey and profile is notpart of the Gravel Ridge Drain.
Excavation required on existing watercourse to transition new swale downstream into existing
watercourse on this property. Clearing of brush will be required in the northeast corner to permit
excavation and for access route for downstream work.
Construction Specifications
Further detail on the recommended work is outlined on the Drawings attached to the report. Specific
construction specifications for the above recommended work is outlined on Drawing 5 and on the profile
drawings.
\\server\data\2015\15-041\Engineering\Report\15-08-31 Gravel Ridge Drain Report.doc
3 - 12
Gravel Ridge Drain- 5 - August 31, 2015
City of Kitchener
Construction Scheduling
Construction cannot commence until after the statutory requirements of the Drainage Act have been
satisfied and a bylaw to adopt this report is given third reading. If there are no appeals construction can
usually commence after the Court of Revision, whichis approximately two months after the date of this
report. Appeals under the procedures in the Drainage Act could result in a later starting date as no
construction can take place until all appeals are settled. Once construction commences, if the work is
proceeded with continuously, it should be completed in approximately 1 working day.
The Engineer may inspect the construction of the drain and may conduct at least two meetings with the
contractor and landowners affected by construction at the commencement and completion of construction.
Due to the small scope of construction work it is recommend that the work be completed by hourly
contract.
Permits
The Grand River Conservation Authority does not require a permit under Ontario Regulation 150/06
(Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation)
for drainage work under the Drainage Act.
During the preparation of this report there was no indication that any other permits would be required for
the construction of the recommended drainage work.
DRAIN LOCATION and WATERSHED PLAN
The location of the Gravel Ridge Drainand the affected properties are shown on Drawing 1 included with
this report. The heavy solid line indicatesthe location of thenew drain. The numbers adjacent to the line
are station numbers which indicate in meters the distance along the drain measured from the drain outlet
at station 0+221 on the property line between the Kellner (Roll No. 012-10900) and the Central Baptist
Church (Roll No. 012-10801). The heavy broken line indicates the approximate watershed boundary for
the drain. The plan also shows sub-watersheds, property boundaries, assessment roll numbers, property
owner names and the hectares affected for parcels that are partially in the watershed. Drawing 2 contains
an enlargement of the watercourse to be incorporated. Drawing 4 contains an enlargement of the
upstream end of the drain where the swale improvement is recommended.
PROFILEandSPECIFICATIONS
The profile for the Gravel Ridge Drainis on Drawing 3. Drawing 4 contains an enlarged profile for the
swale improvement at the upstream end of the drain. The profiles show the depth and grade of thedrain
to be constructed. The dashed line on the profile represents the bottom of the existing watercourse. The
lower heavy solidlineindicates the grade for the bottom of the swale improvement to be constructed.
Drawing 5 contains specific and general construction specifications.
Please note that the Drawings included with the report have been reduced from the original scale
drawings to fit on the standard page size in this report. If anyone would like a copy of the report drawings
printed at original scale please contact the Cityor the Engineer.
COST ESTIMATE
The cost estimate on this project consists of the allowances to owners,the construction cost including
contingency items, the engineering cost and the non-administrative cost incurred by the municipality.
The cost estimate is set out in detail in the following sections:
\\server\data\2015\15-041\Engineering\Report\15-08-31 Gravel Ridge Drain Report.doc
3 - 13
Gravel Ridge Drain- 6 - August 31, 2015
City of Kitchener
Allowances
Section 29of the Drainage Act provides for the payment of a right of way allowanceto landowners who
have a portion of a new drain on their property. The right of way on this drain is a 6m width centered on
the watercourse to be incorporated.
Section 29 allowances are based on the following rateestablished by 2014MPAC values for the area:
Type of Land Area Land Value
Forest or Farm$20,000/ha
Section 30of the Drainage Act provides for the payment of allowances to landowners along the drain for
damages caused to lands and crops by the construction of the drainand access to the drain working area.
Since no construction is proposed on cultivated agricultural land, therefore there is no allowance under
Section 30.
Section 31 of the Drainage Act provides for payment of an allowance to an owner for the value of an
existing drain to be incorporated as part of new drain. This allowance would only apply where an owner
has previously constructed the drain to be incorporated. No previous construction was evident on the
existing watercourse to be incorporated. The only evidence of previous construction activity was the
existing culvert on the Kellner property (Roll 012-10800). The value of this culvert was set at $500.
Section 33 of the Drainage Act provides for payment of an allowance to an owner for loss of access
where the construction of a ditch cuts off access to a portion of a property and no culvert is provided for
an access. This allowance would only apply to the Kellner property (Roll 012-10800). No allowance is
required since the existing access culvert is to be incorporated.
In accordance with Section 62(3) of the Drainage Act RSO 1990, the allowances shown may be deducted
from the final assessment levied. Payment to the owner would only be made when the allowance is
greater than the final assessment. The allowances are a fixed amount and are not adjusted at the
conclusion of construction. Allowances can only be changed if the report is modified prior to adoption
of the report by bylaw or in accordance with the paragraph in this report that deals with changing the
scope of work after the bylaw is passed.
The allowances payable to the owners entitled thereto on this project are as follows:
German Company TractRight of wayExisting drain
LotRoll No.Owner(Sec29)(Sec31)Total
Pt 130011-06400Activa Holdings Inc.1000100
Pt 130011-06500A. Cutajar1000100
Pt 46012-10900W. Kellner2,2005002,700
TOTAL ALLOWANCES:2,4005002,900
Construction Cost Estimate
The estimated cost to construct the proposed drain is outlined in the following section.
The Contractor is to supply all labour, equipment and materials to construct the following:
18m of swale excavation including levelling spoil, seeding spoil and swale, minor clearing and grubbing
Subtotal Construction$1,000
Net HST (1.76%) $ 20
Total ConstructionCost Estimate:$1,020
\\server\data\2015\15-041\Engineering\Report\15-08-31 Gravel Ridge Drain Report.doc
3 - 14
Gravel Ridge Drain- 7 - August 31, 2015
City of Kitchener
Engineering Cost Estimate
Report Preparation
Background Review (set up file, prepare for & attend on-site meeting), Field Survey (site examination
and survey, review watershed), Office Design (prepare plan & profile drawings, cost estimates and
assessments, prepare for and attend second meeting, complete drawings and assessments), and Report
Preparation (write and submit report).
Total ReportPreparation: $ 20,000
Meetings
Prepare for and attend consideration of report and court of revision meetings $ 1,600
Construction Phase Services
Attend pre-construction meeting, periodic construction inspection and final inspection,
assist with the final cost levy and grant application$ 1,400
Subtotal Engineering$23,000
Net HST (1.76%) $ 405
Total Engineering Cost Estimate:$23,405
The cost for report preparation is usually not altered at the conclusion of a project unless the report is
referred back or the report is appealed to the Drainage Tribunal.The final cost for meetingswill vary as
per the actual time and expenses preparing for and attending the meetings. The final cost for construction
phase services may vary as per the actual time spent during and following construction.
Non-Administration Cost Estimate
Section 73 of the Drainage Act directs that the administrative cost incurred by the municipality in
carrying out the Drainage Act process shall not form part of the final cost of the drain. However, Section
73(1) outlines that the following non-administrative costs incurred by the municipality can be included in
the cost of the drain: cost of any application, reference or appeal and the cost of temporary financing.
The non-administration cost estimate is included to cover items listed in Section 73 of the Drainage Act
as eligible drain costs.
Appeals
The estimate does not include an amount for legal or engineering fees incurred by the municipality should
the project be appealed beyond the Court of Revision though such costs will form part of the final drain
costif there are appeals.
Printing and postage
The OMAFRA Agricultural Drainage Infrastructure Program policy for the 1/3 grant indicates that
municipal cost for photo-copying and mailing required to carry out the required procedures under the
Drainage Act can be included as a non-administrative cost on a drain. Theestimate includes an amount
for the above municipal costs.
Total Non-AdministrativeCost Estimate:$ 675
ESTIMATED COST SUMMARY
Allowances$ 2,900
Construction $ 1,020
Engineering $23,405
Non-Administrative $ 675
TOTAL ESTIMATED COST:$28,000
\\server\data\2015\15-041\Engineering\Report\15-08-31 Gravel Ridge Drain Report.doc
3 - 15
Gravel Ridge Drain- 8 - August 31, 2015
City of Kitchener
ASSESSMENTS
The Drainage Act requires that the total estimated cost be assessed to the affected lands and roads under
the categories of Benefit (Section 22), Outlet Liability (Section 23), Injuring Liability (Section 23),
Special Benefits (Section 24), and Special Assessment (Section 26). On this project Benefitand Outlet
Liability Assessmentsare used.
The first step in the assessment calculation is to determine the benefit assessment to the parcels that
derive benefit from the drain. Next the total benefit assessmentissubtracted from the total estimated
cost. The remaining balanceis then assessed as outlet liability on a per hectare basis to all upstream lands
and roads in the watershed. As noted, the hectares affected are adjusted prior to calculating the outlet
liabilityassessment. The basis for this adjustment is 1 hectare of cleared agricultural land.Areas which
generate less runoff such as woodlots are decreased by a factor of 0.5. Areas which generate greater
runoff would be increased by a factor. The runoff factors used are illustrated in Schedule A.
Benefit assessments were determined as follows:
Activa Holdings Inc. (Roll No. 011-06400)
$22,000 for improved direct outlet
A. Cutajar (Roll No. 011-06500)
$100 for improved drainage along new swale -cut-off flow to east
W. Kellner (Roll No. 012-10900)
$500 for improvement provided by incorporating existing watercourse and culvert - future maintenance
cost on watercourse and culvert to be prorated to lands in the upstream watershed.
Assessment Summary
The assessments against the affected lands are summarized in Schedule A. In Schedule A, each parcel of
land assessed has been identified by the Assessment Roll Number using assessment information provided
by the City of Kitchener at the time this reportwas prepared. For convenience only, each parcel is further
identified by the owner's name listed in parcel data provided by the City of Kitchener.The size of each
parcel was established using the assessment information.
FINAL COST
Final assessments are not levied until after the work is certified complete by the engineer. The final
assessments will thus be levied to the owner of the identified parcel at the time that the final cost is levied.
Schedule C will be used to levy the final cost of the drain which may vary, depending on final
construction and engineering costs.
GRANTS
In accordance with the provisions of Section 85 of the Drainage Act, a grant not exceeding 1/3 may be
available on the assessments against privately owned parcels of land which are used for agricultural
purposes. Current OMAFRA policy states that lands can be designated as agricultural and thus eligible
for the 1/3 grant provided the current assessment roll information for the municipality identifies that the
assessed parcel area has the Farm Property Tax Class. Based on current assessment roll information the
Activa parcel (Roll 011-06400) has the Farm Property Tax Class and is used for agriculture. This parcel
is thus eligible for the 1/3 grant at this time. Section 88 of the Drainage Act provides for the municipality
to apply for this grant upon certification of completion of the drain provided for in this report.The
municipalitymust confirm that the Farm Property Tax Class is still in effect on the parcelat the time the
grant application is completed and forwarded to OMAFRA.Please be advised that OMAFRA retains the
final right to determine eligibility under the grant program, regardless of designation herein.
Schedule C illustrates the net assessments after deducting grants from the final assessments.Please note
that Schedule C assumes that all project costs will be eligible for the 1/3 grant and that the identified
properties will retain the Farm Property Tax Class in the future.
\\server\data\2015\15-041\Engineering\Report\15-08-31 Gravel Ridge Drain Report.doc
3 - 16
Gravel Ridge Drain- 9 - August 31, 2015
City of Kitchener
The 13% Harmonized Sales Tax (HST) will apply to most costs on this project. The municipality is
eligible for a 98.24% refund on HST paid. The net 1.76% HST has been included in the cost estimate in
the report.
MAINTENANCE
After completion the Gravel Ridge Drain shall be maintained by the City of Kitchener in accordance with
the provisions of this report. The maintenance cost isto be assessed to lands and roads upstream of the
area of maintenance prorata with the assessments in Schedule B.If the access culvert on the Kellner
property (Roll 012-10900) requires future replacement dueto structural problems 40% of the cost is to be
levied to the Kellner property and 60% prorata with Schedule B.
The assessments shown in Schedule B are based on the assessments in Schedule A. The only change for
the maintenance assessment was to reduce the benefit assessment to the Activa parcel (Roll 011-06400)
by 50%. The percentages shown assist in identifying the share of future maintenance cost to be levied to
a property. For example, an assessment of 30% would indicate a future maintenance assessment of $30
on each $100 of maintenance cost.
If the Activa parcel (Roll 011-06400) is subdivided after development the maintenance assessment can be
reapportioned to the new parcels using Section 65 of the Drainage Act. If the new development has storm
water management it should not be necessary to have a report under Section 65(3) for change in landuse.
All parties affected by the Gravel Ridge Drainare encouraged toperiodically inspect the drain once
constructed and report any visible or suspected problems to the municipality. Repeated inspection and
maintenance of the drain should allow the drain to provide a service for many years. A right-of-way
along the drain as outlined in this report shall be available for future maintenance work.
In accordance with Section 85 of the Drainage Act, a grant not exceeding 1/3 may also be available in the
future on the maintenance assessment against privately owned parcels of land used for agriculture if the
maintenance is done on the recommendation and supervision of the Drainage Superintendent and
provided that the Farm Property Tax class designation is on the property at the time of the grant
application for the maintenance work.
CHANGES TO DRAIN AFTER BYLAW IS PASSED AND BEFORE COST IS LEVIED
Changes, deletions or extensions to the drain which are requested or required after the bylaw is passed
cannot be undertaken unless the report is amended. Exceptions would be minor changes in construction,
if required, in accordance with contract conditions and items listed in the contingency allowance section
of the cost estimate which may exceed the quantities listed and may cause the cost to increase beyond the
construction estimate. The cost of minor changes to the drain and the increased cost from the contingency
items may be prorated against some or all assessments as directed by the Engineer. If any individual or
group of owners require additional work on the proposed drain and are prepared to pay for such, they may
make their own arrangements with aContractor to have such work constructed. The Engineer should pre-
approve such additions. The work added would not form part of the drain for the purpose of future
maintenance.
All of which is respectfully submitted.
K. SMART ASSOCIATES LIMITED
John Kuntze, P. Eng.
\\server\data\2015\15-041\Engineering\Report\15-08-31 Gravel Ridge Drain Report.doc
3 - 17
3 - 18
DRAWINGSand SPECIFICATIONS
for the
Gravel Ridge Drain
City of Kitchener - Waterloo Region
The following drawings outline the location and specifications for the drain:
Drawing 1 of 4 – Watershed Plan
Drawing 2 of 4 – Enlargement Plan
Drawing 3 of 4 – Profile
Drawing 4 of 4 – Detail
Drawing 5 of 5 – Construction Specifications – General and Specific Notes
The above drawings are included with the report. The drawings have been reduced from the
original scale drawings to fit on the standard page size in this report. If anyone would like a
copy of the report drawings printed at original scale please contact the Cityor the Engineer.
August 31, 2015
File No. 15-041
K. SMART ASSOCIATES LIMITED
85 McIntyre Drive, Kitchener,ON, N2R 1H6
3 - 19
3 - 20
3 - 21
3 - 22
3 - 23
3 - 24