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HomeMy WebLinkAboutPD-138-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: QUANTUM.GPA °� REPOR 9: General Purpose and Administration Committee Meeting: i ti p File Date: Monday, October 6, 1997 Res. # Report #: PD- 138 -97 File #: DEV 95 -074 By -law # Subject: QUANTUM HOMES (1988) LIMITED STORMWATER MANAGEMENT REQUIREMENTS PART LOT 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 95 -074 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 138 -97 be received for information; and 2. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1.1 Mr. Wayne Bolahood appeared as a delegation before the General Purpose and Administration Committee on September 8, 1997, on behalf of Quantum Homes (1988) Limited. In addition to his verbal presentation, Mr. Bolahood provided Committee members with a letter summarizing his issues and request of Committee and Council, Attachment No. 1. 1.2 Quantum Homes is the owner of an irregularly shaped, 7.52 ha (18.58 acres) parcel of land on the south side of Highway 2 in Courtice. Approximately 3.9 ha (9.63 acres) of the parcel are designated and zoned Environmental Protection, and therefore cannot be developed. A small tributary to the Farewell Creek passes through the site, conveying stormwater from Highway 2 to the Farewell Creek. Furthermore, the property is encumbered by a sanitary trunk sewer easement (Attachment No. 2). L. 0 REPORT NO. PD- 138 -97 PAGE 2 1.3 In 1987 applications for Official Plan Amendment and Rezoning were submitted to permit a high density, 333 unit development spread over 4 buildings along with limited commercial floor space. The applications were approved in the summer of 1988. A site plan application was filed in October 1995 for a 95 suite retirement home, as phase 1 to the development. No activity has occurred on s application since February 1996. However, in response to a letter from staff in December 1966, the applicant has requested that the file remain open. 2. ISSUE 2.1 The small tributary to the Farewell Creek which crosses the Quantum Homes property conveys stormwater from Highway 2 and ultimately from other properties, to the north and west fronting on Highway 2, to the Farewell Creek. In the late 1980's and early 1990's, as a result of site plan applications for commercial development along Highway 2 in Courtice, it became known to the Conservation Authority, the Municipality and the Ministry of Transportation (the road authority at the time), of potential concerns with runoff through the Highway 2 storm sewer system. It was determined that the system discharged across private lands (Quantum Homes) prior to entering Farewell Creek, and that an erosion problem existed that could be aggravated by development proceeding. 2.2 A study completed in 1992 determined that erosion was occurring along the watercourse, and that with development, stormwater volumes and flows would increase, resulting in increased erosion along the tributary. An option for addressing the erosion issue was prepared at the cost of three landowners: Quantum Homes, Rosebridge - Newcastle, and Aloise Construction (see Attachment No. 3). The solution, which was agreed upon by Conservation Authority Staff, was to pipe the watercourse through the Quantum Homes lands, at the west limits of the property. The required works were to be completed in association with the first development to proceed which drained through the tributary. REPORT NO. PD- 138 -97 PAGE 3 2.3 Since 1992 when the erosion solution was accepted, development interests in the area waned, and the works have not been constructed. In 1995, Quantum Homes, through their site plan submission, was advised they would have to address the watercourse erosion issue as part of its development proposal. However, as noted above, this development application has not been active for the last 18 months, 2.4 In 1996, CLOCA staff in responding to a circulation for rezoning for Birchdale Investments Ltd., provided no objection to the principle of rezoning the site. However, they advised of erosion problems down stream which needed to be addressed prior to site plan approval. Based on this comment, staff recommended approval of the zoning change. The zoning by -law amendment was approved in January 1997 with a holding (H) symbol. This allowed the applicant to proceed with detailed site plan design issues, including the submission of plans and drawings to the Conservation Authority for approval prior to the removal of the holding symbol. 2.5 Mr. Bolahood appealed the Birchdale zoning by -law amendment, as approved by Council to the O.M.B. alleging that the stormwater management issue had not been dealt with through the rezoning. The Board hearing was held in July 1997. Prior to the Board hearing, Birchdale Investments Ltd. engineering consultant, approached the Conservation Authority about other options for addressing the erosion issue. The solution presented involves controlling the stormwater entering the Highway 2 storm sewer system, through the use of controls on the subject site, Highway 2 and the former Rosebridge - Newcastle lands. Although the Authority prefers the initial option for piping the watercourse and providing a centralized pond, the Birchdale solution was approved by the Authority, subject to agreement from the Region of Durham, the road authority, and Rosebridge- Newcastle, for all works to be constructed on their respective properties, prior to final approval of the Birchdale site plan. 6J0 REPORT • .D PAGE M 2.6 At the OMB hearing Birchdale's stormwater management consultant provided testimony indicating that the proposal would not have any negative impacts on Mr. Bolahood's property. The Board member in reaching a decision stated: "The Board appreciates Mr. Bolahood's frustration and his belief for a coordinated solution is to be admired but in the face of a solution that is acceptable to the appropriate authority, and is based on good engineering - - - concepts, it questions if it has the jurisdiction to force the Municipality to impose a by -law that binds other property owners to use a system which now appears to be open to alternatives and one would expect, accessible as an option to Mr Bolahood." The appeal was denied. 2.7 One of the issues Mr Bolahood raised in his September 5, 1997, letter is, why was the Birchdale stormwater management proposal accepted as opposed to the initial solution? Following Council's referral of this matter to staff on September 15, staff have had discussions with CLOCA staff. This issue was specifically dealt with by Authority Staff in a report to a CLOCA Board meeting of September 15, 1997. The report states: "Although the solution for piping the watercourse and providing a centralized pond is a preferred solution, given the apparent inability to carry out the works which have been proposed in the 1992 study, as evidenced by the lack of progress to date, and in consideration of the Authority's original request having only specified that the erosion be addressed in some manner, and as the Authority had already entertained a new option (Quantum Homes, 1995), we felt it incumbent upon us to consider additional options if requested." 2.8 At the September 15, 1997, CLOCA Board meeting both Mr. Bolahood and Mr. Jeffery appeared as delegations with respect to this issue. The Authority Board confirmed the CLOCA staff position with respect to allowing the Birchadale solution, and further withdrew the condition previously imposed on the Birchdale solution. REPORT NO. PD- 138 -97 PAGE 5 3. CONCLUSION 3.1 In summary, the passing of a zoning by -law amendment to allow Birchdale Investments to proceed was proper and was based on supportive comments by CLOCA. Staff have no reason to question the Authority's comments, nor to question why it changed its position as the issue of stormwater management is under the jurisdiction of the Conservation Authority.- Furthermore, the matter was recently reviewed by the CLOCA Board, which also accepted the CLOCA staff position. In this regard and also in consideration of the decision of the O.M.B., it would be appropriate for Council not to get involved in this matter. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development CP *FW *cc Attachment # 1 - Attachment # 2 - Attachment # 3 - September 26, 1997 Reviewed by, W. H. Stockwell Chief Administrative Officer Letter from Mr. Bolahood Site Plan Property Location Map Interested parties to be notified of Council and Committee's decision: Wayne Bolahood Quantum Homes (1988) Ltd. 10 Mary Street South Suite 201 Oshawa, Ontario L1 H 8M3 ATTACHMENT NO. I QUANTUM HOMES (1989) LIMITED 420 King St. W. Suite #205 Oshawa ON, L I J 2K8 Ph (905)434 -2443 Fax (905)'; 28 -8092 Sept 5, 1997 Mayor and Members of Council Municipality of Claringtion 40 Temperance St. Bowmanville Ontario Dear Mayor and Members of Council: SUBJECT: Stormwater Management Requirements, Quantum Homes Lands, Lot 34; Concession H, Municipality of Clarington (former Darlington) Background I am the owner of the Quantum Homes lands noted above. I have had a long history in dealing with the development of these lands which I have been pursuing since 1988. The attached map identifies the location of the property. The most recent development proposal (1996) involved the construction of a 95 unit retirement community on the table land portion of the property. A small tributary of Farewell Creek passes through my lands. The tributary receives drainage from a number of properties along the Hwy. #2 corridor. The tributary was realigned a number of years ago, before I purchased the property, by the Ministry of Transportation when they reconstructed Hwy #2. I understand that the main valley of Farewell Creek in this area has been identified as possessing the highest level of environmental sensitivity by the Authority. It is shown as environmentally sensitive in both the regional and local official plans. Of course, downstream the creek drains into the provincially significant Second Marsh. At least since 1992, authority staff have been encouraging a coordinated approach for dealing with storm drainage in this area. In March of 1992 a report was prepared by D.G. Biddle and Associates on behalf of Quantum Homes and two other property owners to respond to the concerns of the conservation authority. The report recommended enclosure of the tributary on the Quantum Homes lands in a storm sewer with an outfall to Farewell Creek. The preferred alignment was along the western boundary of the Quantum Homes property. The intent was to provide an easement over the alignment to allow for maintenance of the sewer by a public body (at that time either the municipality or the Ministry of Transportation). The costs of these works on the Quantum Homes lands were to be shared by the benefitting upstream property owners. 633 The development of the retirement community on the Quantum Homes lands was pursued into the early part of 1996. Throughout this entire time the conservation authority required the coordinated approach for dealing with storm drainage. This position is defined in the letter dated December 21, 1995 from the conservation authority (attached). This letter discusses the extent of the drainage area to be included in the storm drainage system. It should also be rioted that the conservation authority was encouraging an end of pipe facility on the Quantum Homes lands for water quality treatment of stormwater for the entire drainage area. We were fully prepared to implement the stormwater works which had been defined and were prepared to pay 100% of the cost of the stormwater treatment and would attempt to recover portions from future development. The coordinated system was promoted as that which would be the most efficient way of dealing with stormwater and also would provide the maximum protection for the environmental features in the area. There were several applications for development in this area during the period 1990 to 1995. Quantum Homes made an application in 1990, there were applications by Aloise and Rosebridge, and then Quantum Homes made another application in 1995. In all of these cases the approach was consistent. A coordinated approach to stormwater management was required, and the developer that began first was responsible for implementing the works. Birchdale Application In January of 1997 an application was approved by Clarington for the rezoning of the Birchdale Lands located on the north side of Hwy 92. The application simply permits a different kind of commercial use than that which was previously permitted on the site. Since the Birchdale lands drain through the Quantum Homes property, comments by the conservation authority on the rezoning application identified the requirement for the stormwater works on the Quantum Homes lands, the need for Birchdale to participate in these works and also encouraged an end of pipe water quality facility to deal with all of the upstream area. As late as January of 1997, the position of the conservation authority on the Birchdale application was still the same. The report on the rezoning application by the municipality describes the conservation authority's position as follows: " Stormwater from the subject lands discharge into Farewell Creek through an existing stormwater outfall at Highway 2. Increased stormwater flows from development on the subject lands will cause further erosion of the stormwater outfall and surrounding area into Farewell Creek. An engineering study should be prepared detailing the required stormwater outfall works required to alleviate the erosion problems. The new outfall should be funded by the benefitting property owners and constructed prior to development proceeding on the subject lands...." 6-A After the rezoning application was approved, Quantum Homes learned that the position of the conservation authority had changed. With respect to the Birchdale lands the authority would be prepared to consider stormwater controls that would deal only with that property. Apparently it no longer was a requirement that there be a coordinated approach for dealing either with stormwater quantity or quality issues. After this change in position was discovered, a letter of appeal was forwarded by Quantum Homes to the municipality. Issues There are a number of potential difficulties with the change in the conservation authority's position. These issues formed the basis of our appeal to the OMB. 1. If the coordinated approach to protect Farewell Creek had been promoted for so many years as the best approach, regardless of the cost, then why was this changed? Should the agencies not promote the system which is most efficient and best protects the environment? Where is the proof that any different approach will be effective? 2. While on site stormwater controls can be demonstrated to reduce flows, they are only effective in the long term if they are maintained. Since maintenance is the responsibility of individual property owners, there is no assurance that they will be maintained, in fact there is a likelihood that they will not. The critical components of the coordinated stormwater system were to be on municipal easements with maintenance responsibility in the hands of the municipality. What storm drainage requirements will now be applied to the Quantum Homes lands? Is the intent to still require consideration of the upstream drainage, to pipe the watercourse, to provide water quality treatment for upstream properties? These requirements have not been defined, but could be onerous for one property owner. 4. From the perspective of Quantum Homes and the planning that has occurred over the past nine years it is difficult to understand this change in position. Responsible planning has taken place for nine years on this issue. If in the blink of an eye we slip and allow a crack in this approach, the environment pays forever. How is this responsible? Furthermore, the public depends on the accuracy of comments in planning reports to define the positions of agencies. Quantum Homes did not participate in the public meeting on the Birchdale application because it depended on the comments of the conservation authority to accurately reflect the position of that agency. How can the public have confidence in the planning process if the intent of the comments are changed without any sort of further notice? Quantum Homes would not have known of the change in position if there had been no conversation with authority OJJ staff. If this new position is dependent upon the view of particular staff, what will prevent the position from changing again as a result of staffing changes? Conclusion While the OMB did not allow my appeal, part of the rationale was that the Board "questions if it has the jurisdiction to force the Municipality to impose a by -law that binds other property owners to use a system which now appears to be open to alternatives and one would expect, accessible as an option to W. Bolahood." this would lead one to assume that the Authority and other responsible agencies will now implement a new policy for dealing with development and stormwater management in this area. However, in order to protect my interests in my land, I need to be assured that the same rules that apply to Birchdale will apply to my lands, so that I am not burdened with implementing the expensive requirements of the coordinated stormwater approach solely on my own. I also, need to be assured that stormwater controls will be imposed on other lands which drain through my property, and that the controls on private and public lands will be properly maintained. If this is not done, there could be substantial damage to my property and to the environment in general, specifically Farewell Creek. I would like to thank Council for considering my position, and I look forward to hearing from you in the near future regarding this matter. Yours truly, Wayne Bolahood President 6 j SUBJECT PROPERTY LOT 34 LOT 33 HIGHWAY 2 I Gsl ROAD EP `ice Z 0 V) V) Lij Ld LLI ry C) V) z Iz- 0 kq o EP !z COURTICE D EV. 95-074 KEY MAP ATTACHMENT NO. 2 6J/ MANNA ..................... no M A 1111111111= "'���� '����'� �° mm m no &Oo , % r3 all ■ 'WA 1111 ONE J � Sol i0ff IN, WE A EME ENNIIIII IL INNS I- INS ���1 1111 � 1 �= � S� \ \ \,�� /��c � r\ ■111111111 ' 1 m 4 WON ATTACHMENT NO. 3