HomeMy WebLinkAboutDSD-2024-518 - New Dundee Road - local Improvement - Petition Participation
Development Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: December 2, 2024
SUBMITTED BY: Chris Spere, Director, Engineering, 519-783-8897
PREPARED BY: Chris Spere, Director, Engineering, 519-783-8897
Katherine Hughes, Assistant City Solicitor, 519-783-8979
Dianna Saunderson, Manager, Council/Committee Services and
Deputy Clerk, 519-904-1410
WARD(S) INVOLVED: 4
DATE OF REPORT: November 8, 2024
REPORT NO.: DSD-2024-518
SUBJECT: New Dundee Road - Local Improvement - Petition Participation
RECOMMENDATION:
That the General Manager, Infrastructure Services, be authorized to sign a local
improvement petition, specifically related to a city owned property municipally
addressed as 32 Ridgemount Street, which is a stormwater facility owned by the City
of Kitchener and within the identified local improvement boundary, to allow staff to
continue to review the feasibility of the local improvement request, as outlined in
Development Services Department report DSD-2024-518.
REPORT HIGHLIGHTS:
The purpose of this report is to grant authority to the General Manager, Infrastructure
Services to sign a local improvement petition on behalf of the City of Kitchener for the
stormwater management facility located within the petition boundary.
Ontario Regulation 586/06 Local Improvement Charges Property Lien Status allows
for residents to petition the municipality to request for new or replacement municipal
infrastructure intended to upgrade or improve certain conditions within residential,
commercial, and industrial areas of the municipality.
A petition request was received from Klondike Homes for an unserviced area located
on New Dundee Road
The petition will still need to be evaluated by staff for feasibility, if determined if the
project is able to proceed through the local improvement process.
This report supports the delivery of core services.
BACKGROUND:
Local Improvements are a request for new or replacement municipal infrastructure intended
to upgrade or improve certain conditions within residential, commercial, and industrial areas
of the municipality. This process is not applicable to infrastructure in new developments. A
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Local Improvement may be requested by property owners through a petition-based process.
When a Local Improvement is approved, costs are shared by all property owners who benefit
from this project and the City. Local Improvement works can include noise barriers,
watermains, roads, sidewalks, sanitary sewers, storm sewers, and ditch alteration (where
applicable).
REPORT:
On August 20, 2024, MHBC Planning on behalf of Klondike Investments Inc. submitted a
formal request to Legislated Services to initiate a Local Improvement under Ontario
Regulation 586/06 - Local Improvement Charges - Property Lien Status for the purposes of
extending a local sanitary sewer and water to service all the lands in the area, and for this
Dundee Road from Pinnacle Drive to Robert Ferrie Drive, in 2025.
Staff will be undertaking a review of the Local Improvement request to determine if it is
technically, administratively, and economically feasible, based on the following:
a. The City will determine feasibility based on catchment wide analysis and ensure that
there are no detrimental impacts to public or private property.
b. A determination of economic feasibility will include an assessment of the economic
efficiency of the project, as well as a determination of whether there is adequate
funding available to complete the project.
c. The City will determine the logical project limits (based on the system design
requirements, cost benefits (entire street/sector, etc.), and this may go beyond the
proposed scope, or may take a different route than what was identified the requester
or that will immediately benefit the affected property owners.
d. The feasibility should consider the number of properties that will be affected one-
off properties or groups of less than 3 distinct properties should not be considered.
e. Where applicable, the City will circulate the Region (where regional roads are
impacted) or other affected public bodies (i.e. Province, GRCA) to ensure that the
City can obtain the authority to undertake the work and to assess the feasibility.
f. The City will reserve the right to deny a local improvement it is not technically,
economically or administratively feasible due to a variety of factors (i.e. topography,
physical limitations, excessive cost or cost inefficiencies, authority to do the work
within the road, etc.). Additionally, if there are less than three distinct properties that
will benefit, then the project may not be considered.
g. The City will consider a local improvement for an area where the proposal will be cost
efficient, minimizes disruption, and provides consistent levels of service to adjacent
properties.
The City has been identified as a property owner within the identified local improvement
boundary, for the property municipally addressed as 32 Ridgemount Street, Kitchener,
which is a stormwater facility. As a property owner, the City would be one of the affected
property owners and to support final determination of the petition is being requested to sign
it to confirm whether the petition receives at least 2/3 of the affected properties and
representing at least ½ of the assessed property value. With the Local Improvement request
being resident led, it will be the responsibility of Klondike Investments Inc. to approach all of
office within the prescribe timeline.
If the petition is successful and determined by Engineering to be feasible, staff will be
required to report back to Council to approve the project and pass a local improvement
charge by-law.Through that report, staff will provide further information related to timing and
any financial impacts that may be borne on to the municipality. At this time, staff are only
requesting the process be allowed to continue to move forward, which will provide greater
clarity related to feasibility.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Operating Budget The recommendation has no impact on the Operating Budget. If the
Local Improvement is feasible and able to proceed, staff will be reporting back with any
financial impacts at that time.
Generally, all benefiting property owners will share the costs borne by the City, including the
engineering design and construction costs. The City would initially pay the cost of the Local
Improvement work and then recover the required funding from the benefiting property
owners based on the selected payment option, which can be over multiple years.
COMMUNITY ENGAGEMENT:
INFORM ith the agenda in advance of
the council / committee meeting.
CONSULT Property owners within the Local Improvement boundary area.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
Municipal Act, 2001
O.Reg. 586/06
APPROVED BY: Justin Readman, General Manager, Development Services