HomeMy WebLinkAboutDTS-06-093 - Servicing Agreement, Municipal Plan Amendment MPA 02/08/H/BS, Zone Change App ZC 02/06/H/BS1
KITCHEaR
Development &
Technical Services
REPORT
Report To: Chair Weylie and Members of the Development and Technical
Services Committee
Date of Meeting: June 12, 2006
Submitted By:
Robert Shamess
Fiona McCrea
Prepared By:
Robert Shamess
Fiona McCrea
Ward(s) Involved:
Ward 3
Date of Report: May 23, 2006
Report No.: DTS -06 -093
Subject: SERVICING AGREEMENT
MUNICIPAL PLAN AMENDMENT MPA 02 /08 /H /BS
ZONE CHANGE ZC 02 /06 /H /BS
HOMER WATSON BOULEVARD AND BLOCK LINE ROAD
DGF INVESTMENTS LTD.
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute an agreement between the City of Kitchener
and D.G.F. Investments Ltd. /Highland West Shopping Centres Limited, and Drewlo Holdings
Inc., to the satisfaction of the City Solicitor, providing for acceptable arrangements for the
required sanitary servicing capacity.
EXECUTIVE SUMMARY:
Drewlo Holdings Inc. appealed to the Ontario Municipal Board with respect to the Municipal Plan
Amendment and Zone Change for lands located at Homer Watson Blvd. and Block Line Road
owned by DGF Investments Ltd. The proposed Agreement effects a satisfactory resolution to
the servicing issue raised in the appeal.
REPORT:
In late 2003 DGF Investments Ltd. applied for a Municipal Plan Amendment and a Zone
Change for property they owned at the intersection of Homer Watson Boulevard and Block Line
Road. During the process a capacity concern was identified with respect to a section of the
existing sanitary sewer. In January of 2005 a number of meetings were held with the 2 affected
parties and their consultants in order to resolve the matter. During that time it was agreed that
the concern was largely theoretical in nature and that given variations in peaks from the
contributing properties to the pipe in question that the issue could be mitigated. The issue was
brought before Council when the Municipal Plan Amendment and Zone Change applications
were brought to Committee and Council for consideration and decision in December, 2004 and
January, 2005.
Council's approval of the Municipal Plan Amendment and the Zoning By -law Amendment were
appealed to the Ontario Municipal Board. The sanitary servicing was one of the grounds of
appeal. As negotiations proceeded a draft agreement was developed which identified the flows
allowed to be discharged from the lands owned by the 2 affected parties. A review of the flows
and the capacities of the system indicate that there should be sufficient capacity for the affected
lands and the other lands draining to the section of pipe in question. The proposed agreement
represents a satisfactory resolution of the servicing issue in the appeal. Council approval of this
Agreement is required. Other issues in the appeals have been resolved between the parties
and through appropriate subdivision conditions on adjacent lands.
Staff is of the opinion that the proposed agreement is the best resolution of the servicing issue.
FINANCIAL IMPLICATIONS:
N/A
COMMUNICATIONS:
N/A
CONCLUSION:
The agreement as presented is a good resolution of the servicing issue.
Robert Shamess, P. Eng.
Director of Engineering
Fiona McCrea
Assistant City Solicitor