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HomeMy WebLinkAboutWD-03-99 ~ .... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Res.#GPR-4c-91 Meeting: JANUARY 18, 1999 Report No.: WD-03-99 File #: B.02.09.001 By-Law # Snbject: STORMWATER RUNOFF CONCERNS OF MR. GEORGE BELLMAN 247 MEARNS AVENUE, BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-03-99 be received; 2. THAT staff meet with the owner of the Mearns II subdivision, (plan 18T-89064) and resolve Mr. Bellman's stormwater runoff concerns by the owner installing interim remedial stormwater management works to control the rate of runoff from their lands; and 3. THAT a copy of Report WD-03-99 be forwarded to Mr. George Bellman, to the Central Lake Ontario Conservation Authority, and to the owner of the Mearns II subdivision lands (plan 18T-89064), and that Mr. Bellman be advised of Council's decision in writing. REPORT 1.0 ATTACHMENTS No.1: Key Map No.2: Correspondence dated October 23,1998, from Mr. George Bellman to Mayor Hamre 11 j 6 . ~. REPORT NO.: WD-03-99 PAGE 2 2.0 BACKGROUND 2.1 At a regular meeting held on November 9, 1998, Council passed the following Resolution #C-812-98: "THAT Correspondence Item D-12 be referred to the Public Works Department for review and preparation of a report to the General Purpose and Administration Committee. n 3.0 REVIEW AND COMMENT 3.1 Mr. Bellman has requested the Municipality's assistance in resolving stormwater runoff concerns at his property at 247 Mearns Avenue (see Attachment No.1). He has requested that this issue be addressed immediately, in order that a solution can be implemented prior to the spring of 1999, at which time he believes this problem may recur. 3.2 Mr. Bellman states that he is experiencing seasonal flooding of his property, which causes problerus with his farming activities. These concerus have previously been expressed to the Public Works Department, and most recently in a letter to Mayor Hamre dated October 23, 1998 (see Attachment No.2). 3.3 Mr. Bellman's property lies dowustrearn of the Northeast Bowmanville Stormwater Management Facility (see Attachment No. I), which was constructed to control runoff from the subdivision to the north. This facility is operating properly and is not contributing to Mr. Bellman's concems. 3.4 However, between the stormwater pond and Mr. Bellman's property, additional stormwater runoffis entering from lands to the west, known as Mearns IT subdivision (plan 18T-89064) (see Attachment No.1). These lands were cleared and re-graded in the summer of 1992, in anticipation of the development proceeding. The clearing and re-grading works have increased the rate of runoff entering onto Mr. Bellman's property. The owner has, to date, not entered into a development agreement with the Municipality for the development and servicing of the lands. 1117 ~ REPORT NO.: WD-03-99 PAGE 3 3.5 When the Mearns II plan of subdivision is developed, the 8101111 drainage design will collect and convey the 8101111water nmoff by means of a st01111 sewer system, to outfall into the Northeast Bowmanville Sto1111water Management Facility, where it will be detained and will exit the facility at a pre-development control rate. 3.6 Staff have contacted the Central Lake Ontario Conservation Authority, and were advised that the Conservation Authority will pursue this issue with the owner of the Mearns II plan of subdivision (plan 18T-89064) and the permit issued by them for the clearing and re- grading works done in 1992. Until the servicing of the development proceeds, the assistance that the Municipality can provide to Mr. Bellman may be limited to encouraging the owner to expedite the development of the Mearns II plan of subdivision (plan 18T- 89064) or to install interim remedial sto1111water management works. 4.0 RECOMMENDATIONS AND CONCLUSIONS 4.1 It is recommended that staff meet with the developer of the Mearns II subdivision (plan 18T-89064) and resolve Mr. Bellman's concerns by either of the following solutions: i) The developer entering into a development agreement with the Municipality and proceeding with the st01111 drainage servicing and development of the lands. ii) The developer installing interim remedial 8101111 drainage works to control the nmoff from their lands to pre-development rates. Regardless of the solution selected, these works should be installed at the earliest possible date in this year's construction seas()n. Realistically, the timing is such that the developer cannot likely enter into a development agreement prior to Summer, 1999. With this in mind, it is recommended that staff work with the developer to install the above-mentioned interim remedial st01111 drainage works. 1\18 c' REPORT NO:: WD-03-99 PAGE 4 Respectfully submitted, Reviewed by, ~,v4-J Stephen A. Vokes, P. Eng., Director of Public Works dr-~-~ Franklin Wu, Chief Administrative Officer ASC*SA V*ce 12/01/99 Pc: Mr. George Bellman 247 Mearns Avenue Bowmanville, ON LIC 31<5 Central Lake Ontario Conservation Authority 100 Whiting Avenue Oshawa, ON LIH 3T3 Hyperion Group Limited ATTN: Mr. Alex Artuchov, President Suite 500 789 Don Mills Road Don Mills, ON M3C IT5 1 '119 < 1-- ! ~~="l!' .~.\~ ~ . \ \ i ortheast Bow miille FacIlity I ! / l i / "---, \ / ' \/ / '>>.,-..'" >>, ..<<""."q----.... ;;;;;;;;;;;;<;;;;;;';;;;; p \---- ;~::;~:r:::<:::~:>::::: . \" ~ /,.,'.......','.',..'..,.,.,',. .......,....................... ~~ ...'.',..,..,..."...../.',' "\ i. /'0,~ ~ ...,."........................~if~ 5i '~~>/ 1 /' " '-",'." I, \, /,~"".". \: /' S0' /~~ /\~!!~ ". \\\~>:~ ". \t=~ I >~ ~~ ~.~~~~ '(~///~// l-~ / ~! "I / ,I ,h -, _// ' / I ' , ,! ' ". '/'/. , u~ I 1/ / <</'\ -'<0</// /'_. '-~ --=-_..,,--...----r ,---,--.---r--,----,-r-~ _ '-:"___ ! ...~ I! '~ -=~~~1::~ _, ,I --. .... -~~- ~j~.Jilr-;;l:=rnll'''''.,'r 1<0-.0371' , ~ ,~-~ "I-c../ ~_____ 'i' L':rl~J - P /' / ''--'''I' \-1i ~. J[ I, /' ~ ~~ ! I ii5 " ~ -r=::-: / ;g I , '..!o, ~ \ -...., IX / _,'I ~ Q) \ ,,' 1l / \:~,\ ~~~AI :3' I, ) i ! ) \\\ ~ \;.-----p .--. ~ ---./ ic..f>-j ~.hJL "I \ " 1',,< ,1<- ~-~ j !!~~I[]d-:~." ;~~~ !. ! SUBJECT gIJPJ~B~; nJ~T7~l~ \\ SIrE --,' lJ'JE5(,,,. c==1 LJo I J r- Ih' --- i\ ~~(iFII 1~5-~~~~c~=I~t:~~~r'a KE: M~P ",",'UH' ...,.,.,v......,.,. .....>.'_.~_..'...'.' M", ----I--~ r -~~ , +'-+--+-~"~~ ..-----:<:>~-- , ~~ - ~~ ---__J__~- culvert -,-- -i , ! \, , / drainage flow , , , I I , " '- \ -. '7 ~--r- 'I \ \ ...... f/'i .// i /' " / ~J I i, \, -~" -------------------. 'I t' ..' \---' _/ (/ / / // /// ,I Ii ___I /Ii w~e s DRAWN BY. J,RM DATE; JAN, 1999 1 REPORT WD-03-99 1 ATTACHMENT NO.1 l ILO "\ . COUNCIL DIRECTION D-12 Diane Hamre Mayor of Clarington ,~,~ if'?j p. :;~;!~,;_1 4 03 PHI~\. lllIIirCIBnWlll1J) I 10 OCT 2 6 1996 October 23. 1998 MUNJGIPf,UTY OF CLARINGTON MAYOR'S OFFICE Re: Storm Water Runoff - 247 Mearns Ave, Bowmanville, L 1 C 3K5 Dear Honorable Worship: During the past 8 years, I have had several verbal conversations with elected officials and engineering staff in the municipality regarding a serious storm water runoff situation onto my property. This problem surfaced in 1990 and has not been resolved. Given the severity ofthe problem, especially in the spring, I am formally requesting assistance from the municipality to develop/arrange a reasonable resolution prior to the spring of 1999. I provide the following information/thoughts as some history on this situation. In my opinion, the problem occurred following the sale of an adjacent acreage (to the northwest) and the owner's subsequent removal ofthe topsoil in 1990. As a result, this barren "stripped" property is unable to properly retain moisture and the water flows east, along the railroad tracks, under Mearns Ave, through a culvert under the railroad tracks and onto my property. It is the volume ofthe water which has resulted in areas of my land being unable to farm and dangerous for my animals to graze. In my opinion, an owner is responsible for their property and any problems/issues that arise as a result ofthelr action in the use their property. I see this similar to any . requirements/restrictions placed on development plans for properties. Counsellor Troy Young, and engineer Stephen Vokes, have been aware ofthis problem for some time. On one occasion, Mr. Vokes verbally provided a reasonable solution and he envisioned it would easily take place when a developer (at that time) was preparing to purchase the neighbouring property in question, implementing a development. While I recognise this would be the simplest win-win solution, given the long period (8 years) since this problem was created and identified, I am not prepared to wait any longer, including the promise of an obliging future developer. I feel the existing property owner should be "encouraged" through the local municipality to correct this problem. I am formally requesting that you use your powers of the elected office in the municipality to correct this problem or, if necessary, enforce the current owners to make reasonable alterations to the property. Let me be,clear in stating that I did not create this problem or assist in its creation..ln addition, I feel I have demonstrated edrem.e patience to allow your professional staff to work a solution into any proposed plans for the property, not incurring any additional cost to the municip!,lity. . If you of any. of yours. taff. w. ould .like to..d. isc. uSs thisfurth:e. r p. lease. feel.freeto 0,,11 m.e a.t.62.&-~.~ ...._.. l'Nouid appreoiatl3 a .....~itten response, outul}ing possible solutions and. a.completlon.date ~ November 23. 1998. . . '-"-~'-"" ..,,-".;' Yours truly _ ) ~.Ly- /CJL~~ George Bellman ~.. , . . .. . . -,'.- .-.-,.:1- ...:_,....u .f\'l ..A'. . _ .f.A.JI8JI~.. ATTACHMENT NO.: 2 REPORT NO.: "\Vri:03-99 -.,---,.-' iLl . {~-----; e.-01. .c;____.