HomeMy WebLinkAboutFCS-16-140 - Encroachment Agreement - 15-25 Hugo Crescent
REPORT TO: Committee of the Whole
DATE OF MEETING: August 29, 2016
SUBMITTED BY: Erin Mogck, Associate City Solicitor, 519-741-2200 x7060
PREPARED BY: Erin Mogck, Associate City Solicitor, 519-741-2200 x7060
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: August 24, 2016
REPORT NO.: FCS-16-140
SUBJECT: ENCROACHMENT AGREEMENT REQUEST – LOCATION 15-25
HUGO CRESCENT
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RECOMMENDATION:
“That the Mayor and Clerk be authorized to execute an Encroachment Agreement with
the owner of the property, Centurion Property Associates Inc., for a storm sewer and
headwall structure, complete with rip rap at the storm outlet onto Shoemaker Greenway
and Creek, said agreement to be to the satisfaction of the City Solicitor.”
BACKGROUND:
The City of Kitchener owns Shoemaker Greenway. Shoemaker Greenway has a creek and this
area is located adjacent to 15, 19, 25 Hugo Crescent. MTE Consultants Inc., on behalf of the
property owner Centurion Property Associates Inc., has approached the City of Kitchener for
permission to install a 300mm diameter storm sewer and headwall structure, complete with
associated rip rap at the storm outlet encroaching onto Shoemaker Greenway.
REPORT:
The property at 15, 19, 25 Hugo Crescent is owned by 2138432 Ontario Inc. (c/o Centurion
Property Associates Inc.) and there are several apartment buildings on the property that will be
undergoing development. The encroachment is located near the storm outlet, and the storm
sewer would direct stormwater drainage from 15-25 Hugo Crescent into Shoemaker Creek.
MTE Consultants Inc. (MTE) is the engineering firm responsible for the installation of the storm
sewer and rip rap. The 300mm diameter storm sewer extends approximately 10m into City
property. The headwall structure is a small concrete wall next to the creek, and it is about 2.4m
wide, 0.75m high, and 0.3m deep. Rip rap, which is composed of many stones, is 8.5m by 2.4m
(approx. 20.4 square metres). The rip rap treatment is located at the base of the headwall.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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Through the encroachment circulation process, Bell has indicated that there are buried entrance
cables to the buildings and would like to ensure they are not damaged. Bell has confirmed the
location of the existing cables are not an issue for the installation of the storm sewer, provided
MTE takes necessary precautions and ensures their contractor has utility locates before starting
grading work.
Furthermore, Environmental Planning has identified that Shoemaker Creek is currently in a
degraded condition, channelized and concrete-lined in some parts of the stream. It has
therefore been identified as an “Ecological Restoration Area” (ERA) in the Kitchener Official
Plan (KOP). The KOP indicates that site alteration such as this is permitted in such an ERA
provided the undertaking contributes to an optimally restored natural heritage feature. The
installation of an Oil and Grit Separator (OGS) to improve water quality will contribute to an
enhanced Shoemaker Creek and is supported.
In addition, MTE (acting for their client) must ensure that the work complies with federal
legislation that regulates impacts on fish and fish habitat. The City has asked MTE to undergo
the appropriate process to ensure compliance with the Fisheries Act. The City has received the
completed documents from MTE.
Engineering has commented that the current design for the storm sewer and headwall structure
is a functional design, and it has been altered from previous designs at the request of City staff
to reduce the risk of erosion and contribute to improved water quality, and downstream fish
habitat.
Therefore, Engineering staff can support the request an encroachment agreement since the
design has now shown the headwall and rip rap rotated to discharge facing downstream and a
V-shape rip rap to control direction of the water and climate erosion. These measures direct the
water smoothly downstream without obstructing water movement and reduce the risk of erosion.
Furthermore, Operations assessed any possible impact to vegetation according to the proposed
design. In particular, two trees in the vicinity have been identified to be protected and retained
in accordance with the City of Kitchener Tree Conservation Bylaw Chapter 692. Other
vegetation identified by Operations as various multi-stem Manitoba Maple and Buckthorn (of
smaller size) may only be removed as required by the proposed work. This will also form a
condition of the Encroachment Agreement.
In addition to the encroachment agreement process, MTE has made an application under the
site alteration bylaw, and the site alteration permit is contingent on the encroachment
agreement.
Attached are drawings illustrating the location the proposed installation of a storm sewer,
headwall, and rip rap.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the City’s strategic vision
through the delivery of core services.
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FINANCIAL IMPLICATIONS:
Fees are paid in accordance with the City’s Fee Schedule.
COMMUNITY ENGAGEMENT:
INFORM – This report has been posted to the city’s website with the agenda in advance of the
Council meeting.
CONSULT - Internal staff and outside utility companies have been circulated for their comments
and/or approval.
CONCLUSION:
Permission for the installation of the storm sewer, headwall structure, and rip rap has been
received from the appropriate staff. It is in order to authorize the execution of an encroachment
agreement with Centurion Property Inc., once Council support is received.
ACKNOWLEDGED BY:
Dan Chapman, Deputy CAO and City Treasurer, Finance and Corporate Services
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