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Home My WebLink AboutWD-45-95 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE f=ile # Date: OCTOBER 2, 1995 fees. # By-Law# Report#: WD-45-95 File #: n.0 . . 30.006 Subject: LOT GRADING CONCERNS, BROWNSTONE CRESCENT, COURTICE, FIELDSTONE SUBDIVISION, PHASE 3, PLAN 40M-1761 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-45-95 be received; 2 . THAT Mr. Andrew Kemp and Mr. Wong Sang be advised of Council's decision and be provided with a copy of Report WD-45-95 . REPORT 1.0 ATTACHMENTS No. 1: Key Map No. 2: Letter from staff dated November 1, 1994 No. 3: Letter from Mr. Kemp dated May 30, 1995 No. 4 : Letter from staff dated June 26, 1995 2.0 BACKGROUND 2. 1 At a meeting held on June 12, 1995, Council passed the following resolution #C-427-95: i "THAT the correspondence dated May 30, 1995 from Andrew Kemp regarding the catch basin located at 113/117 Brownstone Crescent, Courtice, be received; 1015 111iS IS F{litllEU UlfiE CYCLCD PhPCR REPORT NO. : WD-45-95 PAGE 2 THAT the correspondence be referred to the Director of Public Works for review and preparation of a report to the General Purpose and Administration Committee; and THAT Andrew Kemp be advised of Council's decision. " 2 .2 To avoid major drainage and grading conflicts, the Municipality of Clarington (and most other municipalities) require an overall subdivision Grading Plan. This ensures each lot drains according to an overall drainage scheme and will match with any adjacent lots. The Municipality also requires a minimal usable area in the backyard. 2 .3 Individual house siting plans must then conform with the Grading Plan and Municipal guidelines before a building permit is issued. 2 .4 Once the building permit is issued, the Municipality cannot control the workmanship of the final product. The grading and sodding of yards is carried out on private property for the benefit of individual homeowners. The builder is responsible for their product and quality of workmanship. All supervision, surveying and verification of lot grading is carried out by the developer's engineers. 2 .5 To ensure that the intent of the Grading Plan is being followed, the developer's engineer must provide written certification stating that the lots conform to the plan and the Municipality's guidelines. Until this certification is received, the Occupancy Deposit is held by the Municipality. 1016 i REPORT NO. : WD-45-95 PAGE 3 3.0 REVIEW AND COMMENT 3. 1 Regarding this particular complaint, Public Works staff had previous discussions with Mr. Kemp and his neighbour, Mr. Wong Sang of 113 Brownstone Crescent. Their grading was reviewed and was found to conform to the Municipality's grading guidelines. The residents were advised of this by letter dated November 1, 1994 (Attachment No. 2) . 3.2 Mr. Kemp wrote a letter to the Municipality on May 30, 1995, outlining his concerns (Attachment No. 3) . Staff responded on June 26, 1995 (Attachment No. 4) . In an effort to assist the homeowners, the builder was approached by staff to improve the grading and catchbasin alignment. To resolve the conflict, the builder agreed to this request, although the grading was within allowable tolerances. The work was completed promptly and was acceptable to both homeowners. 4.0 CONCLUSIONS AND RECOMMENDATIONS 4 . 1 Public Works staff process a significant number of lot grading inquiries and complaints each year. Each complaint is reviewed by staff to determine whether the grading conforms to the Municipality's guidelines. Due to the approximate nature of lot grading and varying homeowner preferences, yards conforming to the Municipality's guidelines may still not be satisfactory to homeowners. 4 .2 Issues, such as topsoil depth and quality, sod quality, workmanship and grading imperfections, cannot be administered by the Municipality. The Municipality endeavours to assist purchasers by providing guidelines to builders, but cannot control the actual grading and sodding of each lot. 1017 REPORT NO. : WD-45-95 PAGE 4 4 .3 It is recommended that the Municipality continue to provide guidelines to builders and ensure all lots have positive drainage as per the Grading Plan, but that disputes regarding workmanship and detail continue to be resolved directly between the builders and the purchasers. Respectfully submitted, Reviewed by, Stephen A. Vokes, P.Eng. W. H. Stockwell Director of Public Works Chief Administrative Officer NC*ph September 18, 1995 Attachments pc: Mr. Andrew Kemp 117 Brownstone Crescent Courtice, Ontario L1E 2Y3 Mr. Wong Sang 113 Brownstone Crescent Courtice, Ontario ME 2Y3 I I I I i I 1018 #99 O 103 105 107 (,) 109 J 111 m 3.Om storm m 113 easement v N a� L U catchbasin 117 119 121 r ca , 123 m � 0 12 5 (,) 127 ° 129 m L 131 L)�T�)d U LI L—�/, RTIC OVA w u0 O 0 � J Z ora � 10 < LLJ aTRE C:\AITACHS\DARL\1761 GDG,DWG o DRAWN BY: JM DATE: JUNE 1995 J BROWNSTONE CRESCENT ATTACHMENT N0. 1 i IL KEY MAP WD-45-95 119 MUNICIPALITY OF Irarrington - ONTARIO [Ply November 1, 1994 Mr. Andrew Kemp 117 Brownstone Crescent Courtice, ON L1E 2Y3 Dear Sir: RE: DRAINAGE AND GRADING CONCERN PLANS 40M-1761, ; BLOCK 19 UNIT 8 117 BROWNSTONE CRESCENT, COURTICE Further to your telephone enquiry with the Public Works Department Staff on October 31, 1994, I wish to clarify this department' s position with respect to the above-noted. Following the receipt of your concern in early October, this department-had requested the developer' s consulting engineer, D.G. - Biddle and Associates Limited to conduct a survey within the 10M- 1761. development to verify that the as-constructed grades correspond to the design grades . The results of the survey indicate that the as-constructed grades conform to the approved master grading plan within an acceptable tolerance level and are in conformance with the Mu_ nicipality' s design criteria and standard drawings . It should be pointed out that these lot grades including the rear yard drainage swale have always been included in the design of this development. The final lot grading design had been approved on April 11, 1994 . In addition, there is a storm sewer easement registered in favour of the Municipality of Clarington which is 1 . 5m wide and runs parallel to the north property line. It is also our understanding that you are concerned with the workmanship of the work that was performed within the back yards which may not be desirable. The as-constructed grades meet the general intent of the approved master grading plan. Please be advised that quality of workmanship and aesthetics within private properties remain in the developer' s/builder' s care. Further, having presented your concerns to the developer' s consulting engineer, they are working toward improving the aesthetics by raising the rear yard catchbasin elevation 2 ATTAChMENT N0. 2 WD-45-95 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET • BOWMANVILLE -ONTARIO L1C 3A6 • (905) 623.3379 • FAX 623-4169 RECYC_ED GAGER 1020 2 on the adjacent property to the north and shifting the catchbasin cover back as much as possible and adjusting the immediate sloping and swale within the rear yards while maintaining a sufficient grade for upstream drainage. They have advised that these works will take place within the next two weeks . We hope that we have been of assistance to you in this matter, however, should you require further information regarding the above-mentioned, please contact the undersigned at your convenience. Yours truly, David Hager Engineering Technician DH pc: _A—S . Cannella, C.E.T. , Manager of Engineering L. Tracey, D.G. Biddle and Associates Limited i i 1021 COUNCIL DIRECTION D-13 To : Municipality of Clarington May 30 , 1995 Mayor 's Office attention Ms Diane Hamre 40 Temperance Street Bowmanville , Ontario L 1 C 3 A 6 From : Andrew Kemp 117 Brownstone Cres . J�� _ �g95 Courtice, Ontario L1E 2Y3 TEL : res . 432-8994 Bus . (416) 438-6320 MUNICIPALITY OFCLARINGTOh` MAYOR'S OFFICE Dear Mayor, I am Forwarding to you a copy of correspondence addressed to Mr . Cannella of the Municipalities Works Department . I am sending this to you to ensure that an effort is made by the Municipality to convince its residents that this Municipality works for the taxpayers and not for the local developers . I have lived in your municipality for less than a year . I can tell you that my experience with Municipal employees has not been good one . MY Municipalily has failed to hear the concerns of the people who live near and around the catchbasin located at 113/117 Brownstone Cres . Employees of the municipality have disregarded the safety, health and the values of its residents . My experience with the municipality, has shown me that it is not approachable, and nor does the Municipality care for its residents . I ask you, is this the type of municipality that you represent? Copies to : CTV News Goldhawk Fight Back Clarington This Week Coutice News Toronto Star . And all residents living on Brownstone Cres . } ATTAChMENT NO. 3 WD-45-95 I ' 1022 To : Mr . A.S. Cannella Date May 30 , 95 Municipality of Clarington Works Department 40 Temperance Street Bowmanville , Ontario LIC 3A6 From: Andrew Kemp 117 Brownstone Cres . Courtice , Ontario LIE 2Y3 Tel : res . 432-8994 Bus . (416) 438-6320 Dear Sir , I am writing this letter to you in a attempt to have a problem corrected . I currently live at 117 Brownstone Cres . Courtice . The Grading in my back yard is not acceptable to me . Attempts to have the grading corrected by the developer have failed . The developer refers to the grading as being acceptable to the municipality. Previous attempts to have the municipality resolve this issue with the developer have also failed . Representatives of the municipality have been rude, and have treated this as being no great concern . I ask once again for the municipality to review the grading in my backyard. I further ask that the municipality provide me with _ the specifications with regards to the grading . Then what is the actual grading. Once the specifications and actual are co-mpared; I will also ask that the municipality to define Tolerances. My Grievances are as follows: 1) The mininum requirement for a backyard is 6m of usable space, to which I do not have . 2) The Swale consumes over 30% of my backyard space. 3) The Swale has high and low points, where water accumulates. 4) The Catchbasin near my property is located in the wrong location . 5) The catchbasin's cover is dangerous and ' has cause injury tp one small child . Is it to by my understanding that the municipality of Clarington considers these points as acceptable? I also would like to ask, why when many people have inquired , has the municipality relied upon the original engineering firm to varify the acceptance . Please respond to all of the above and list any actions being taken by the municipality. Copies to : The Mayor ' s office , Diane Hamre CTV News Goldhawk Fights Back Clarington This Week Courtice News Toronto Star 1023 +�. -�, MUNICIPALITY OF f ~ sarin ton ONTARIO June 26, 1995 Mr. Andrew Kemp 117 Brownstone Crescent Courtice, Ontario LIE 2Y3 ATTENTION: Mr. A. Kemp Dear Sir: . RE: GRADING CONCERNS AT 113 BROWNSTONE CRES. FIELDSTONE SUBDIVISION, PHASE 3, PLAN 40M-1761 This office is in receipt of your letter dated May 30,1995, and a previous letter from your neighbours, Mr. and Mrs. Gong Sang, regarding backyard grading. This response will also be copied to Mr. and Mrs. Wong Sang. Regarding the style of catchbasin grate in the rear yard, we have attached a copy of two (2) rear yard catchbasin grates commonly used. While both styles incorporate a raised grate (necessary to prevent clogging due to leaves and grass) , one is much taller than the other. Approximately. 5 years ago, Clarington switched to the lower, smoother 'beehive' style to balance efficiency -with safety. We have also attached a copy of our Lot Grading Design Guidelines (Section 3) and our Lot Grading Certification Guidelines (Section 7) , as per your request. Due to the difficulty of grading lots precisely, there is a tolerance of up to 150mm or 6 inches permitted by the Municipality, provided the lot has positive drainage. Regarding the verification of backyard grading, most municipalities do not verify the grading of individual lots. This is due to the time consuming work involved. Instead, they require confirmation from the engineers that the grading generally conforms to the plans/guidelines within the allowable tolerances . Unfortunately, slopes, swales and catchbasins are common grading necessities which further complicate the grading of yards . If grading complaints are received by the Municipality, the specific lot is investigated. Although the grading review may show that yard meets the Municipality's guidelines, it may not be ideally graded and may not meet the homeowner's expectations . . I ATfACM9ENT N0. 4 CORPORATION OF THE MUNICIPALITY Wb z4&L%RINGTON 40 TEMPERANCE STREET • BOWMANVILLE -ONTARIO 110 6 • (905) 623-3379 - FAX 623-4169 �n Mr. A. Kemp -2- June 26, 1995 As advised to you in our letter of November 1, 1994, the Municipality cannot control the issue of workmanship. This issue is between the builder and the homeowner. Regardless of the above, in order to assist both homeowners in this matter, we have asked the builder to improve the grading of your backyards. The work will include shifting the catchbasin lid to the east (maximum adjustment is about 6 inches) and regrading the rear corners of the two yards. We feel this is a reasonable compromise to address your concerns . The builder has agreed to complete this work during the next week. We hope we . have assisted you in this matter. Should you require further information or assistance, please contact the undersigned. Yours truly, Norman A. Clark, C.E.T. Engineering Services Supervisor enclosures pc: Mr. and Mrs. Anthony Wong Sang 113 Brownstone Crescent Courtice, Ontario ME 2Y3 1025