Executive Committee Meeting #8/14

Transcription

1 Executive Committee Meeting #8/14 Chair: Vice Chair: Members: Gerri Lynn O'Connor Maria Augimeri Ben Cachola Ronald Chopowick Glenn De Baeremaeker Michael Di Biase Jack Heath Colleen Jordan Gloria Lindsay Luby Mike Mattos Jim Tovey Richard Whitehead October 10, :30 A.M. WESTON ROOM B, BLACK CREEK PIONEER VILLAGE AGENDA EX1. MINUTES OF MEETING #7/14, HELD ON SEPTEMBER 5, 2014 ( ) EX2. EX3. EX4. EX5. EX6. BUSINESS ARISING FROM THE MINUTES DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF DELEGATIONS PRESENTATIONS CORRESPONDENCE 1

2 EX7. SECTION I - ITEMS FOR AUTHORITY ACTION EX7.1 GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Mimico Creek Watershed City of Toronto, Queenscorp Group ( Ontario Inc.) CFN EX7.2 GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Duffins Creek Watershed Whitshed Limited, CFN EX7.3 MINISTRY OF TRANSPORTATION Request for Conveyance of Lands for Required Highway 427 Extension CFN EX8. SECTION II - ITEMS FOR EXECUTIVE ACTION EX8.1 EX8.2 AMBERLEA CREEK EROSION CONTROL PROJECT CONSTRUCTION Request for Tender # Aggregate 15 AMBERLEA CREEK EROSION CONTROL PROJECT Contract # for Engineering Services 18 EX9. SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD EX10. ONTARIO REGULATION 166/06 PERMIT APPLICATIONS EX10.1 -EX10.6 ARE MAJOR APPLICATIONS - REGULAR Applications that involved a more complex suite of technical studies to demonstrate consistency with policies; applications that cover a significant geographic area (e.g. subdivisions, stormwater management ponds), extensive modifications to the landscape, major infrastructure projects, emergency works, resolution of violations/after the fact permits, trail construction CITY OF BRAMPTON EX10.1 NAURA INVESTMENTS LIMITED C/O CITY PETROLEUM To construct, reconstruct, erect or place a building or structure and site grade on Lot 3-4, Part Block C, Plan 581, (176 Main Street South), in the City of Brampton, Etobicoke Creek Watershed as located on the property owned by Naura Investments Limited c/o City Petroleum. The purpose is to undertake works within a TRCA Regulated Area of the Etobicoke Creek Watershed in order to facilitate the reconstruction of a new gas bar associated with a municipal site plan application, minor variance application and building permit application. 20 2

3 CITY OF MISSISSAUGA EX ONTARIO INC. To construct, reconstruct, erect or place a building or structure on Part Lot 13, Concession 5, (7550 Torbram Road), in the City of Mississauga, Mimico Creek Watershed as located on the property owned by Ontario Incorporated. The purpose is to undertake works within a TRCA Regulated Area of the Mimico Creek Watershed in order to facilitate the construction of an industrial addition associated with a municipal site plan application and building permit application. 23 CITY OF TORONTO [ETOBICOKE YORK COMMUNITY COUNCIL AREA] EX VALECREST DRIVE To construct, reconstruct, erect or place a building or structure, change a building or structure so that it alters its use or potential use, increases its size or increases the number of dwelling units, site grade and temporarily or permanently place, dump or remove any material, originating on the site or elsewhere on Lot 31, Plan 4103, (87 Valecrest Drive), in the City of Toronto (Etobicoke York Community Council Area), Humber River Watershed. The purpose is to replace an existing timber wood retaining wall with a new geoweb wall system and slope remediation in the rear yard of the existing dwelling at 87 Valecrest Drive in the City of Toronto (Etobicoke York). The described works were carried out without the benefit of any TRCA or municipal permits. As such, an additional 100% of the regular permit fee was charged to the applicant for this permit "after-the-fact". Also proposed is a backyard fence with a support base of galvanized steel beams connected to helical pile foundation caps. 26 CITY OF VAUGHAN EX WAYMAR HEIGHTS BOULEVARD To site grade and temporarily or permanently place, dump or remove any material, originating on the site or elsewhere on Lot 17, Plan 4134, Lot 6, Plan M-1597, (85 Waymar Heights Boulevard), in the City of Vaughan, Humber River Watershed. The purpose is to allow development within a Regulated Area of the Humber River Watershed to facilitate grading and slope restoration works at 85 Waymar Heights Boulevard, in the City of Vaughan. These works are in response to the placement of fill on the valley slope prior to written approval from the TRCA. 28 3

4 EX10.5 PINESTAFF DEVELOPMENTS INC. To site grade, temporarily or permanently place, dump or remove any material, originating on the site or elsewhere and alter a watercourse on Part Lot 24, Concession 9, (Huntington Road between Major Mackenzie Drive and Nashville Road), in the City of Vaughan, Humber River Watershed as located on the property owned by Pinestaff Developments Inc. The purpose is to allow development and the alteration of a watercourse within a Regulated Area of the Humber River Watershed to facilitate topsoil stripping and the installation of sediment and erosion control measures in Phase 1 of a draft approved plan of subdivision (19T-10V005) within Block 61 West, east side of Huntington Road between Major Mackenzie Drive and Nashville Road, in the City of Vaughan. 31 TOWNSHIP OF KING EX KINGSCROSS DRIVE To construct, reconstruct, erect or place a building or structure and temporarily or permanently place, dump or remove any material, originating on the site or elsewhere on Lot 5, Plan M-1458, (170 Kingscross Drive), in the Township of King, Humber River Watershed. The purpose is to undertake works within the TRCA Regulated Area of the Humber River Watershed to recognize the construction of a retaining wall at rear of an existing residential dwelling. These works were started the prior to written approval from the TRCA. 33 PERMIT APPLICATIONS EX EX10.9 ARE MAJOR APPLICATIONS - ERRATA Applications that involved a more complex suite of technical studies to demonstrate consistency with policies; applications that cover a significant geographic area (e.g. subdivisions, stormwater management ponds), extensive modifications to the landscape, major infrastructure projects, emergency works, resolution of violations/after the fact permits, trail construction CITY OF BRAMPTON EX10.7 CLAIREVILLE HEIGHTS LIMITED To construct, reconstruct, erect or place a building or structure and site grade on Lot 6, 7, Concession 8, N.D.S., (55 Yorkland Boulevard), in the City of Brampton, Humber River Watershed as located on the property owned by Claireville Heights Limited. The purpose is to undertake works within a TRCA Regulated Area of the Humber River Watershed in order to facilitate the construction of a high-rise apartment building with an underground parking garage associated with a municipal official plan amendment application, zoning by-law amendment application, site plan application and municipal building permit application. 35 4

5 CITY OF PICKERING EX10.8 REGIONAL MUNICIPALITY OF DURHAM To construct, reconstruct, erect or place a building or structure, site grade and temporarily or permanently place, dump or remove any material, originating on the site or elsewhere near Liverpool Road and Kingston Road/Highway 2 in the City of Pickering, Frenchman's Bay Watershed, as located on property owned by the Regional Municipality of Durham. The purpose is to reconstruct Kingston Road/Highway 2 near Liverpool Road as part of Durham Region's plans for improved transit services. The warmwater fisheries timing window will be applied to this work, unless otherwise specified in writing by the Ministry of Natural Resources (MNR). Through review of the information provided, TRCA is of the opinion that the project and implementation as proposed will not cause serious harm to fish. 38 TOWN OF CALEDON EX MAYFIELD ROAD To construct, reconstruct, erect or place a building or structure and site grade on Lot 1, Concession 5, (8242 Mayfield Road), in the Town of Caledon, Humber River Watershed. The purpose is to undertake works within a TRCA Regulated Area of the Humber River Watershed in order to facilitate the construction of a vehicular bridge structure spanning a tributary of the West Humber River at 8242 Mayfield Road, in the Town of Caledon. 40 EX10.10 STANDARD DELEGATED PERMITS 42 Standard Permits are implemented by Planning and Development Division staff and are received monthly by the Executive Committee. Standard permits are subject to the authorization of designated staff appointed as Enforcement Officers, as per Authority Res.#A199/13. Standard permits are non-complex permissions consistent with TRCA approved policies and procedures and issued for a time period of two years or less. EX11. NEW BUSINESS NEXT MEETING OF THE EXECUTIVE COMMITTEE #9/14, TO BE HELD ON NOVEMBER AT 9:30 A.M. IN WESTON ROOM B, BLACK CREEK PIONEER VILLAGE Brian Denney Chief Administrative Officer /jr 5

6 TO: FROM: Chair and Members of the Executive Committee Meeting #8/14, October 10, 2014 Mike Fenning, Senior Manager, Property Services Item EX7.1 RE: GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Mimico Creek Watershed City of Toronto Queenscorp Group ( Ontario Inc.) CFN KEY ISSUE Acquisition of property located to the rear of 150 Park Lawn Road, City of Toronto, under the "Greenlands Acquisition Project for ", Flood Plain and Conservation Component, Mimico Creek watershed. RECOMMENDATION THE EXECUTIVE COMMITTEE RECOMMENDS THAT hectares (0.040 acres), more or less, of vacant land, being part of Lots 288, 289 and 290, Registered Plan M R-27610, City of Toronto, located to the rear of 150 Park Lawn Road, in the City of Toronto, be purchased from Queenscorp Group ( Ontario Inc.); THAT the purchase price be $2.00; THAT Toronto and Region Conservation Authority (TRCA) receive conveyance of the lands free from encumbrance, subject to existing service easements; THAT Gardiner Roberts LLP, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs, and disbursements are to be paid; AND FURTHER THAT authorized TRCA officials be directed to take the necessary action to finalize the transaction including obtaining any necessary approvals and signing and execution of documents. RATIONALE Resolution #A94/10 at Authority Meeting #5/10, held on June 25, 2010, approved the Greenlands Acquisition Project for Negotiations have been conducted with Ed Warankie, Vice President, Land Development at Queenscorp Group ( Ontario Inc.). 6

7 As part of a previous acquisition at this location, TRCA acquired an access easement to the lands through the southern most portion of Queenscorp Group ( Ontario Inc.) lands which front onto Park Lawn Road. Attached is a plan showing the location of the subject lands. RATIONALE The subject property falls within TRCA's approved master plan for acquisition for the Mimico Creek watershed as outlined in the Greenlands Acquisition Project for Through the review of site plan approval application # , dated May 9, 2014, TRCA Planning and Development staff established the limits of the open space land which is situated partially within the Regional Storm Flood Plain and the valley corridor of Mimico Creek at this location. TAXES AND MAINTENANCE It is proposed that the lands be turned over to the City of Toronto for management. FINANCIAL DETAILS Funds for the costs related to his purchase are available in the TRCA land acquisition capital account. Report prepared by: Joseph Nickerson, extension s: jnickerson@trca.on.ca For Information contact: Joseph Nickerson, extension 5620 Jae R. Truesdell, extension s: jnickerson@trca.on.ca, jtruesdell@trca.on.ca Date: September 23, 2014 Attachments: 1 7

8 Attachment 1 8

9 TO: FROM: Chair and Members of the Executive Committee Meeting #8/14, October 10, 2014 Mike Fenning, Senior Manager, Property Services Item EX7.2 RE: GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Duffins Creek Watershed Whitshed Limited CFN KEY ISSUE Acquisition of a lease agreement for an 11 year term on a property located to the east of Brock Road and south of Albright Road in the Township of Uxbridge, Regional Municipality of Durham, for the purpose of parking lot and trail connection development under the Flood Plain and Conservation Component, Duffins Creek watershed. RECOMMENDATION THE EXECUTIVE COMMITTEE RECOMMENDS THAT Toronto and Region Conservation Authority (TRCA) enter into a lease agreement with Whitshed Limited to operate and manage a parking lot and trail connection on lands owned by Whitshed Limited, being Part of Lot 5, Concession 8, containing approximately 3.36 hectares (8.30 acres), located in the Township of Uxbridge, Regional Municipality of Durham; THAT the term of the lease agreement be for eleven (11) years; THAT the consideration be a nominal sum of $2.00 per annum; THAT the final terms and conditions of the agreement be satisfactory to TRCA staff and solicitors; AND FURTHER THAT the authorized TRCA officials be directed to take whatever actions may be required to give effect thereto including obtaining any necessary approvals and signing and execution of documents. BACKGROUND Resolution #A94/10 at Authority Meeting #5/10, held on June 25, 2010, approved the Greenlands Acquisition Project for In 2006, TRCA acquired 142 acres from Judith and William Wilder (Wilder Tract). This acquisition was a partial donation and a partial purchase. William and Judith Wilder, later transferred the remainder of their holding in this location to Whitshed Limited, a family holding company. 9

10 In 2013, negotiations began with the Wilder family to allow for a public parking facility and trail entrance to be developed on their property to provide access to the Wilder Tract from Brock Road. Negotiations have been conducted with Andy Wilder, acting as agent for Whitshed Limited. General Terms and Conditions of the Lease The following are the key terms and conditions of the lease: TERM: The term of the lease shall be for approximately 11 years from the date of execution. CONSIDERATION: Consideration shall be the nominal sum of Two dollars ($2.00) per annum. COSTS: The costs to develop and operate a public parking facility and trail entrance will be borne by TRCA. Staff feel that it is reasonable to assume these costs to achieve a trail connection. USE: TRCA may develop and operate a public parking facility and trail entrance for the duration of the term. No other developments will be permitted. RATIONALE Entering into the lease agreement would allow for access to the Wilder Tract trail network located to the southeast of the subject property. FINANCIAL DETAILS As noted above, TRCA will bear the cost to develop and operate a public parking facility, as well as to establish and maintain a trail connection. The cost for parking facility and trail construction will be provided in part by the Green Durham Association and in part by the Durham Trails capital account from the Region of Durham. Legal costs related to agreement negotiations are provided for in the TRCA land acquisition capital account. Report prepared by: Jae R. Truesdell, extension s: jtruesdell@trca.on.ca For Information contact: Jae R. Truesdell, extension 5247 Mike Fenning, extension s: jtruesdell@trca.on.ca, mfenning@trca.on.ca Date: September 26, 2014 Attachments: 1 10

11 Attachment 1 11

12 TO: FROM: Chair and Members of the Executive Committee Meeting #8/14, October 10, 2014 Mike Fenning, Senior Manager, Property Services Item EX7.3 RE: MINISTRY OF TRANSPORTATION Request for Conveyance of Lands for Required Highway 427 Extension CFN KEY ISSUE Conveyance of lands required for the construction of the extension of Highway 427, located north of Zenway Boulevard and East of Regional Road 27, City of Vaughan, Regional Municipality of York, Humber River Watershed. RECOMMENDATION THE EXECUTIVE COMMITTEE RECOMMENDS THAT WHEREAS the Toronto and Region Conservation Authority (TRCA) is in receipt of a request from the Ministry of Transportation (MTO) to convey certain lands for the extension of Highway 427 to Major Mackenzie Drive in the City of Vaughan, Regional Municipality of York; WHEREAS it is in the opinion of TRCA that it is in the best interest of TRCA in furthering its objectives as set out in Section 20 of the Conservation Authorities Act to cooperate with MTO in this instance; THEREFORE LET IT BE RESOLVED THAT TRCA-owned lands containing hectares (3.896 acres), more or less, be conveyed to MTO for the extension of Highway 427, said lands being Part of Block 17, Registered Plan 65M-3966, City of Vaughan, Regional Municipality of York, designated as Part 1 on Registered Plan 65R-34775; THAT consideration be $40, in addition to TRCA's reasonable legal fees and other costs to be paid by MTO; AND FURTHER THAT the authorized TRCA officials be directed to take the necessary action to finalize the transaction including obtaining any necessary approvals and signing and execution of documents. BACKGROUND The subject lands are described as Part 1 on Registered Plan 65R and contain hectares (3.896 acres) in the City of Vaughan, Regional Municipality of York. The subject lands form part of a larger parcel acquired by TRCA from Ontario Limited on April 18, 2007 under the Humber River Flood Plain Component of the Greenlands Acquisition Project

13 MTO has identified a need to acquire the subject lands for the proposed 6.6 kilometre Highway 427 extension which is bounded by Regional Road 7 at the south to Major Mackenzie Drive to the north, in the City of Vaughan. The Minister of the Environment, with approval of Cabinet, made the decision to allow the proposed undertaking to proceed on October 21, On May 16, 2013, the Office of the Premier announced that it has included the project in its 2013 budget and construction of the highway is anticipated to begin in 2016/17. Staff has carried out negotiations with Dan Daniel Spalvieri, Real Estate Officer for MTO. MTO's approval to expropriate the subject lands was initiated on July 9, The purchase price is market value based on a appraisal report prepared by Antec Appraisal Group. Attached is a plan showing the location of the subject lands. FINANCIAL DETAILS It is proposed that the compensation obtained from this sale be utilized for the purchase of priority properties under the Greenlands Acquisition Project Report prepared by: Dan O'Donohue, extension s: do'donohue@trca.on.ca For Information contact: Jae R. Truesdell, extension 5247, Dan O'Donohue, extension s: jtruesdell@trca.on.ca, do'donohue@trca.on.ca Date: September 15, 2014 Attachments: 1 13

14 Attachment 1 14

15 TO: FROM: Chair and Members of the Executive Committee Meeting #8/14, October 10, 2014 Nick Saccone, Director, Restoration Services Item EX8.1 RE: AMBERLEA CREEK EROSION CONTROL PROJECT CONSTRUCTION Request for Tender # Aggregate KEY ISSUE Award of Contract # for the supply and delivery of approximately 3,100 tonnes of 300 mm mm round stone, in support of the Amberlea Creek Erosion Control Project, City of Pickering, Region of Durham. RECOMMENDATION THAT Contract # for the supply and delivery of approximately 3,100 tonnes of 300 mm 600 mm round stone to the Amberlea Creek Erosion Control Project, in the City of Pickering, be awarded to Glenn Windrem Trucking / Ontario Ltd. for a total unit price of $48.50 per tonne and a total cost not to exceed $150,350.00, plus HST, plus a contingency amount of 20% to be expended as authorized by TRCA staff, it being the lowest bid meeting Toronto and Region Conservation Authority (TRCA) specifications; THAT should staff be unable to achieve an acceptable contract with the awarded suppliers, staff be authorized to enter into and conclude contract negotiations with the other suppliers that submitted tenders, beginning with the next lowest compliant bidder; AND FURTHER THAT authorized TRCA officials be directed to take all necessary actions to implement the foregoing, including the signing and execution of any documents. BACKGROUND In 2012 TRCA assumed the leadership role, in partnership with the City of Pickering, to undertake the planning, detailed design and approvals for the Amberlea Creek Erosion Control Project Class Environmental Assessment (EA). In May of 2014, TRCA was hired by the City of Pickering to undertake the implementation of the Amberlea Creek Erosion Control Project, including the project management and construction or the proposed works. The purpose of this project is to minimize risk to life and property as a result of slope and channel erosion, while protecting and restoring the natural attributes of Amberlea Creek. Various aggregate materials will be required to complete the construction of the erosion control works including round stone which will be used in the construction of riffles during creek restoration works. 15

16 RATIONALE The Request for Tenders for Contract # was publicly advertised on the electronic procurement website Biddingo ( on Wednesday, August 27, Bid invitations were also sent to: Bot Aggregates Ltd.; C.D.R. Young's Aggregates Inc.; Dufferin Aggregates; Glenn Windrem Trucking / Ontario Ltd.; James Dick Construction Ltd.; Miller Paving Ltd.; Natural Stone Source Ontario; Nelson Aggregates Co.; and Strada Aggregates. The Procurement Opening Committee opened the Tenders on Friday, September 5, 2014 with the following results: Contract # for the Supply and Delivery of Approximately 3,100 Tonnes of 300 mm 600 mm Round Stone BIDDERS TOTAL UNIT PRICE PER TONNE (Plus HST) TOTAL VALUE OF CONTRACT (Plus HST) C.D.R Young's Aggregates Inc. No Bid No Bid Dufferin Aggregates No Bid No Bid Glenn Windrem Trucking / Ontario Ltd. $48.50 $150, James Dick Construction Ltd. No Bid No Bid Nelson Aggregates Co. No Bid No Bid Strada Aggregates No Bid No Bid The price quoted by Glenn Windrem Trucking / Ontario Ltd. is in keeping with TRCA staff's estimate, and found by staff to be comparable to similar the contracts recently awarded. In addition, TRCA staff followed-up with suppliers that did not bid on the contract and were informed that suppliers, in some cases, were not able to source the size and quantity of materials requested and therefore did not bid. Based on the bids received, staff recommends that Glenn Windrem Trucking / Ontario Ltd. be awarded Contract # for the supply and delivery of approximately 3,100 tonnes of round stone (300 mm 600 mm) for the unit cost of $48.50 per tonne and a total amount not to exceed $150,350.00, plus HST, plus a contingency of 20% to be expended as authorized by TRCA staff. 16

17 FINANCIAL DETAILS Funds to undertake the construction of the Amberlea Creek Erosion Control Project are 100% recoverable from the City of Pickering, further to the Memorandum of Understanding. Report prepared by: Natalie Seniuk, extension s: For Information contact: Natalie Seniuk, extension s: Date: September 22,

18 TO: FROM: Chair and Members of the Executive Committee Meeting #8/14, October 10, 2014 Nick Saccone, Director, Restoration Services Item EX8.2 RE: AMBERLEA CREEK EROSION CONTROL PROJECT Contract # for Engineering Services KEY ISSUE Award of Preferred Source Contract # for engineering services for site inspections and as-built surveys in support of the Amberlea Creek Erosion Control Project in the City of Pickering, Region of Durham. RECOMMENDATION WHEREAS authorization to undertake the planning, detailed design and approvals for the Amberlea Creek Erosion Control Project was granted to Toronto and Region Conservation Authority (TRCA) by City of Pickering Council on June 18, 2012; AND WHEREAS approval was received for TRCA staff to take the lead role, in partnership with the City of Pickering, to undertake a Class Environmental Assessment (Class EA) for the Amberlea Creek Erosion Control Project, at Authority Meeting #5/12, held on June 22, 2012, under Resolution #A95/12; AND WHEREAS approval was received to retain Aquafor Beech Ltd. to lead a consulting team for the engineering services in support of the Class EA, at Authority Meeting #8/12m held on October 26, 2012, under Resolution #A189/12; AND WHEREAS the Class EA was filed with the Ministry of the Environment for review on August 21, 2013 and approval of the Class EA was received from the Minister's office on February 3, 2014; AND WHEREAS authorization to undertake the construction and restoration of the Amberlea Creek Erosion Control Project was granted to TRCA by City of Pickering Council on May 20, 2014; AND WHEREAS approval was received to enter into a Memorandum of Understanding with City of Pickering to carry out the Project, at Pickering Council Meeting #5/14 under Resolution #93/142; THEREFORE LET IT BE RESOLVED THAT Contract # for the engineering services for site inspections and as-built surveys in support of the Amberlea Creek Erosion Control Project, in the City of Pickering, be awarded to Aquafor Beech Ltd. on a preferred source basis at a total cost not to exceed $54,955.00, plus a contingency allowance of 25% if deemed necessary and as authorized by TRCA staff, plus HST, it being the preferred source consultant; 18

19 AND FURTHER THAT authorized officials be directed to take such actions as is necessary to implement the contract including the signing and execution of documents. BACKGROUND During the Class EA process for the Amberlea Creek Erosion Control Project, TRCA required a consultant team to provide professional engineering services for: the completion of a detailed review and analysis of the fluvial geomorphological conditions of Amberlea Creek; the development of alternative long-term remedial solutions; and, the completion of the detailed design for the remedial works. TRCA staff undertook an open bidding process for procurement of a consultant to provide professional engineering services, and Aquafor Beech Ltd. was awarded the contract, it being the highest ranked proposal. In support of the construction of the Amberlea Creek Erosion Control Project, a consultant is required to provide professional engineering services in order to undertake site inspections and complete post-construction as-built surveys and analysis, to verify that the remedial works are being constructed as designed. The consultant will be acting as a third party, providing direction and input to both City of Pickering and TRCA throughout the duration of construction. RATIONALE Given Aquafor Beech's familiarity with project through their involvement in the Class EA process and their design of the remedial works, staff recommend awarding the contract for site inspections and as-built surveys to Aquafor Beech Ltd. on a preferred source basis, as the cost proposal submitted by Aquafor Beech Ltd. provides fair value for their services. This approach is in compliance with TRCA's Purchasing Policy requirements under Section which states: The required goods and services are to be supplied by a vendor or supplier having specialized knowledge, skills, expertise or experience that cannot be reasonably provided by any other supplier. Therefore, staff recommend that Contract # engineering services for site inspections and as-built surveys, be awarded to Aquafor Beech Ltd. at a total cost not to exceed $54,955.00, plus a contingency allowance of 25% as authorized by staff, plus HST, it being the preferred source consultant. FINANCIAL DETAILS The upset limit for Contract # is $54,955.00, plus a contingency allowance of 25%, plus HST. Funding for the construction of the Amberlea Creek Erosion Control Project is 100% recoverable from the City of Pickering, further to the Memorandum of Understanding. Report prepared by: Natalie Seniuk, extension s: nseniuk@trca.on.ca For Information contact: Natalie Seniuk, extension s: nseniuk@trca.on.ca Date: September 26,

20 TO: FROM: Chair and Members of the Executive Committee Meeting #8/14, October 10, 2014 Carolyn Woodland, Director, Planning and Development Item EX10.1 RE: APPLICATIONS FOR PERMITS PURSUANT TO ONTARIO REGULATION 166/06 Development, Interference with Wetlands and Alterations to Shorelines and Watercourses KEY ISSUE Pursuant to Ontario Regulation 166/06, written permission from the Authority is required for: a) straightening, changing, diverting or interfering in any way with the existing channel of a river, creek, stream or watercourse, or for changing or interfering in any way with a wetland; b) development, if in the opinion of the authority, the control of flooding, erosion, dynamic beaches or pollution or the conservation of land may be affected by the development. A permit may be refused through a Hearing Process, if in the opinion of the Authority, the control of flooding, erosion, dynamic beaches, pollution or the conservation of land is affected. RECOMMENDATION THAT permits be granted in accordance with Ontario Regulation 166/06 for the applications which are listed below: PERMIT APPLICATIONS EX10.1 -EX10.6 ARE MAJOR APPLICATIONS - REGULAR Applications that involved a more complex suite of technical studies to demonstrate consistency with policies; applications that cover a significant geographic area (e.g. subdivisions, stormwater management ponds), extensive modifications to the landscape, major infrastructure projects, emergency works, resolution of violations/after the fact permits, trail construction CITY OF BRAMPTON EX10.1 NAURA INVESTMENTS LIMITED C/O CITY PETROLEUM To construct, reconstruct, erect or place a building or structure and site grade on Lot 3-4, Part Block C, Plan 581, (176 Main Street South), in the City of Brampton, Etobicoke Creek Watershed as located on the property owned by Naura Investments Limited c/o City Petroleum. The purpose is to undertake works within a TRCA Regulated Area of the Etobicoke Creek Watershed in order to facilitate the reconstruction of a new gas bar associated with a municipal site plan application, minor variance application and building permit application. 20

21 The permit will be issued for the period of October 10, 2014 to October 9, 2016 in accordance with the following documents and plans which form part of this permit: Existing Floor Plan, Drawing No. A.01, prepared by J & B Engineering Incorporated, dated June 17, 2013, stamped received by TRCA Planning and Development September 4, 2014; Proposed Floor Plan, Drawing No. A.02, prepared by J & B Engineering Incorporated, dated June 17, 2013, last revised September 24, 2013, stamped received by TRCA Planning and Development September 4, 2014; Proposed Building Elevations: Option 3, Drawing No. A.03, prepared by J & B Engineering Incorporated, dated June 17, 2013, last revised September 23, 2013, stamped received by TRCA Planning and Development September 4, 2014; Existing Building Elevations, Drawing No. A.04, prepared by J & B Engineering Incorporated, dated June 17, 2013, stamped received by TRCA Planning and Development September 4, 2014; Proposed Canopy Plan and Elevations, Drawing No. CA2.01, prepared by J & B Engineering Incorporated, dated April 9, 2012, last revised July 18, 2013, stamped received by TRCA Planning and Development September 4, 2014; Masonry Single Garbage Enclosure Details, Drawing No. P-104, prepared by J & B Engineering Incorporated, dated May 8, 2013, last revised July 17, 2013, stamped received by TRCA Planning and Development September 4, 2014; Proposed Site Plan, Drawing No. P-200, prepared by J & B Engineering Incorporated, dated April 9, 2012, last revised September 16, 2013, stamped received by TRCA Planning and Development September 4, 2014; Proposed Grading Plan, Drawing No. P-300, prepared by J & B Engineering Incorporated, dated May 7, 2012, last revised September 18, 2013, stamped received by TRCA Planning and Development September 4, 2014; 21

22 Proposed Services Plan, Drawing No. P-301, prepared by J & B Engineering Incorporated, dated May 7, 2012, last revised August 7, 2013, stamped received by TRCA Planning and Development September 4, 2014; Proposed Landscape Plan, Drawing No. L-01, prepared by D.W. Kerr, DWK & Associates Limited, dated September 19, 2013, stamped received by TRCA Planning and Development September 4, 2014; Proposed Landscape Details & Construction Notes, Drawing No. L-02, prepared by D.W. Kerr, DWK & Associates, dated September 19, 2013, stamped received by TRCA Planning and Development September 4, 2014; Proposed Landscape Details & Construction Notes, Drawing No. L-03, prepared by D.W. Kerr, DWK & Associates, dated September 19, 2013, stamped received by TRCA Planning and Development September 4, RATIONALE The application was reviewed by staff on the basis of the following information: Proposal: The purpose of the application is to undertake works within a TRCA Regulated Area of the Etobicoke Creek Watershed in order to facilitate the reconstruction of a new gas bar associated with a Site Plan Application (City File #SP ), Minor Variance Application (City File #A11-260) and municipal building permit application at 176 Main Street South, in the City of Brampton. As part of TRCA's review for the related Minor Variance Application, TRCA staff supported conditional approval of the requested variances to permit the reconstruction of the new gas bar subject to the applicant obtaining a TRCA permit pursuant to Ontario Regulation 166/06. A subsequent Site Plan approval was granted by the City of Brampton without TRCA comments. However, the Site Plan Agreement will not be executed and the approved drawings will not be released until a TRCA permit has been issued. During the Regulatory Storm event, flood waters from the nearby Etobicoke Creek spill into the subject site. As such, the subject property is located within the Regulatory Floodplain, which has been designated by the Province as a Special Policy Area (i.e. Bram East SPA). While the SPA designation approved for this area allows form some limited development and redevelopment to occur on the subject property, it only permits a limited suite of uses to be located within the floodplain. We understand the proposed development is a permitted use under both the Bram East Secondary Plan (District Commercial) and Zoning By-law (Highway Commercial One), and no amendments are required to the Official Plan and/or Zoning By-law. Flood depths within the majority of the site are relatively shallow. Based on our review, the proposed development is adequately flood proofed in accordance with TRCA and SPA policy. Fee and Permit Timing: The applicant initiated works in advance of a permit pursuant to Ontario Regulation 166/06, as amended, being issued. The works have stopped until such time that the TRCA permit is issued. The applicant has paid the application fee and an additional 100% of the permit fee to resolve the violation. 22

23 Control of Flooding: The proposed works are located within the Regulatory Floodplain. However, the proposed works are located outside of the hydraulic floodway, in an area of shallow flood depths. The proposed redevelopment is flood proofed in accordance with TRCA and SPA policy. No impacts to the storage and/or conveyance of flood waters are anticipated. Pollution: Appropriate erosion and sediment controls have been installed to stabilize the current site conditions and will be installed and maintained throughout all remaining phases of construction. Dynamic Beaches: Not applicable. Erosion: There are no geotechnical and/or slope stability concerns associated with this proposal. Conservation of Land: No significant vegetation will be removed as a result of construction. Plantings As no significant vegetation will be removed, plantings are not required as a component of this application. Policy Guidelines: The proposal is consistent with Section (B) - Existing Development - Development Guidelines for Development/Redevelopment within Designated Two Zone Areas or Special Policy Areas - of the Authority's Valley and Stream Corridor Management Program (VSCMP). CFN: Application #: 0686/14/BRAM Report Prepared by: Adam Miller, extension 5244 For information contact: Adam Miller, extension 5244 Date: September 30, 2014 CITY OF MISSISSAUGA EX ONTARIO INC. To construct, reconstruct, erect or place a building or structure on Part Lot 13, Concession 5, (7550 Torbram Road), in the City of Mississauga, Mimico Creek Watershed as located on the property owned by Ontario Incorporated. The purpose is to undertake works within a TRCA Regulated Area of the Mimico Creek Watershed in order to facilitate the construction of an industrial addition associated with a municipal site plan application and building permit application. 23

24 The permit will be issued for the period of October 10, 2014 to October 9, 2016 in accordance with the following documents and plans which form part of this permit: Proposed Site Plan, Drawing No. A1.0, prepared by W. Surdyka, Wes Surdyka Architect Incorporated, dated June 2012, last revised August 13, 2014, stamped received by TRCA Planning and Development August 14, 2014; Proposed Floor Plans, Drawing No. A3.0, prepared by W. Surdyka, Wes Surdyka Architect Incorporated, dated September 2012, last revised April 2013, stamped received by TRCA Planning and Development August 14, 2014; Proposed Elevations, Drawing No. A4.0, prepared by W. Surdyka, Wes Surdyka Architect Incorporated, dated December 2010, last revised August 13, 2014, stamped received by TRCA Planning and Development August 14, 2014; Site Grading and Servicing Plan, Drawing No. 212-M73, prepared by R.T. Kerkusz, Skira & Associates Limited, dated February 2013, last revised August 12, 2014, stamped received by TRCA Planning and Development August 14, 2014; Landscape Plan, Drawing No. L100, prepared by S. Viola, SBK Landscape Architecture, dated March 2013, last revised August 12, 2014, stamped received by TRCA Planning and Development August 14, 2014; Tree Inventory & Preservation Plan and Arborist Report, Drawing No. V100, dated March 2013, last revised August 12, 2014, stamped received by TRCA Planning and Development August 14, RATIONALE The application was reviewed by staff on the basis of the following information: 24

25 Proposal: The purpose of this application is to undertake works within a TRCA Regulated Area of the Mimico Creek Watershed in order to facilitate a 1,315 square metre addition to an existing 5,486 square metre industrial building at 7550 Torbram Road, City of Mississauga associated with a municipal Site Plan Application (City File #SP13-45) and building permit application. The subject property is located in close proximity to a tributary of the Mimico Creek and a significant portion of the site is located within the Regulatory Floodplain. As such, the subject property will be inundated by flood waters during the Regulatory Storm event including the existing building. However, the proposed industrial expansion is less than 50% of the existing total gross floor area, will be designed to withstand water flows expected during the Regulatory Storm event, and TRCA technical staff have confirmed that the proposed works meet the technical flood proofing requirements (i.e., all window and door openings above the Regulatory Flood elevation). An extensive enhancement planting plan has been submitted with this application to improve the ecological condition of the adjacent stream corridor. Control of Flooding: The proposed works are located within the Regulatory Floodplain. However, the proposed works are located outside of the hydraulic floodway. The proposed development is adequately flood proofed and has been designed to withstand the velocities associated with the Regulatory Storm event. Based on a hydraulic analysis completed by the applicant's consulting engineer, the proposed development will not adversely impact flooding upstream and/or downstream. As such, no impacts to the storage and/or conveyance of flood waters is anticipated. Pollution: Appropriate erosion and sediment controls will be installed and maintained throughout all phases of construction. Dynamic Beaches: Not applicable. Erosion: There are no geotechnical and/or slope stability concerns associated with this project. Conservation of Land: No significant vegetation will be removed as a result of construction. However, an extensive enhancement planting plan has been submitted with this application. Plantings All proposed plantings are native and non-invasive species consistent with TRCA's planting guidelines. Policy Guidelines: This proposal is consistent with Section Minor Additions - of the Authority's Valley and Stream Corridor Management Program (VSCMP). 25

26 CFN: Application #: 0270/13/MISS Report Prepared by: Adam Miller, extension 5244 For information contact: Adam Miller, extension 5244 Date: September 30, 2014 CITY OF TORONTO [ETOBICOKE YORK COMMUNITY COUNCIL AREA] EX VALECREST DRIVE To construct, reconstruct, erect or place a building or structure, change a building or structure so that it alters its use or potential use, increases its size or increases the number of dwelling units, site grade and temporarily or permanently place, dump or remove any material, originating on the site or elsewhere on Lot 31, Plan 4103, (87 Valecrest Drive), in the City of Toronto (Etobicoke York Community Council Area), Humber River Watershed. The purpose is to replace an existing timber wood retaining wall with a new geoweb wall system and slope remediation in the rear yard of the existing dwelling at 87 Valecrest Drive in the City of Toronto (Etobicoke York). The described works were carried out without the benefit of any TRCA or municipal permits. As such, an additional 100% of the regular permit fee was charged to the applicant for this permit "after-the-fact". Also proposed is a backyard fence with a support base of galvanized steel beams connected to helical pile foundation caps. The permit will be issued for the period of October 10, 2014 to April 9, 2015 in accordance with the following documents and plans which form part of this permit: Drawing unnumbered, Landscape Plan, prepared by Central Tree Care Ltd., dated September 12, 2014, received by TRCA staff on September 15, 2014; 26

27 Drawing unnumbered, Grade Level Paverdeck Plan, prepared by Evolution Deck Inc., dated September 9, 2013, received by TRCA staff on September 23, 2014; Drawing No. 1, Slope Sections, prepared by Soil Engineers Ltd. dated September 22, 2014, received on September 23, RATIONALE The application was reviewed by staff on the basis of the following information: Proposal: The purpose of this application is to recognize the recent construction of replacement retaining wall and slope remediation in the rear yard of an existing dwelling within TRCA's Regulated Area of the Humber River watershed. The previously existing railway tie retaining wall was replaced with a geoweb retaining system. This geoweb retaining system is a greener approach to engineered slope retention which supports vegetative growth on the face of the wall. The previously existing timbered retaining wall was tilted outward indicating a lack of support at the top and required replacement or repair. Also proposed is a backyard fence with a support base of galvanized steel beams connected to helical pile foundation cap. The subject property is municipally described as 87 Valecrest Drive and is located north of Bloor Street West and east of Royal York Road in the City of Toronto (Etobicoke York Community Council Area). Fee and Permit Timing: The applicant initiated works in advance of a permit under Ontario Regulation 166/06 being issued, therefore the permit is to be issued "after-the-fact". The applicant has paid the application fee plus 100% as required for a permit "after-the-fact" in association with the violation of the regulation. In addition, the time frame for this permit will be adjusted to reflect that the works have already been completed. Control of Flooding: The site is not located within a Regulatory Flood Plain and the retaining walls will have no impact on the storage or conveyance of floodwaters. Pollution: The works associated with this application have been completed. As such, erosion and sediment controls are not required at this time. Dynamic Beaches: Not applicable. Erosion: Pre- and post-construction geotechnical reports speaking to the retaining wall design and slope remediation have been reviewed and approved by TRCA geotechnical engineering staff. TRCA staff are satisfied that there will be no geotechnical/slope stability issues associated with the completed works. 27

28 Conservation of Land: The location of the constructed works are within the footprint of a previously existing structure. There are no other significant natural features on, or adjacent to, the site that were negatively impacted by the project. Plantings Native plantings will be provided as per City of Toronto Urban Forestry Ravine Protection Services Guidelines. Policy Guidelines: This proposal is consistent with Section (D) - Development Guidelines for Replacement Structures within Non-Established/Highly Urbanized Areas of the TRCA's Valley and Stream Corridor Management Program. CFN: Application #: 0766/14/TOR Report Prepared by: Nicole Moxley, extension 5743 For information contact: Steve Heuchert, extension 5311 Date: September 30, 2014 CITY OF VAUGHAN EX WAYMAR HEIGHTS BOULEVARD To site grade and temporarily or permanently place, dump or remove any material, originating on the site or elsewhere on Lot 17, Plan 4134, Lot 6, Plan M-1597, (85 Waymar Heights Boulevard), in the City of Vaughan, Humber River Watershed. The purpose is to allow development within a Regulated Area of the Humber River Watershed to facilitate grading and slope restoration works at 85 Waymar Heights Boulevard, in the City of Vaughan. These works are in response to the placement of fill on the valley slope prior to written approval from the TRCA. 28

29 The permit will be issued for the period of October 10, 2014 to August 9, 2015 in accordance with the following documents and plans which form part of this permit: 1. Slope Remediation Plan; prepared by Guido Papa Surveying; dated September 5, 2014; received by TRCA on September 8, 2014; AND MUST COMPLY WITH THE FOLLOWING CONDITIONS IMPOSED BY THE EXECUTIVE COMMITTEE: 1. Access to the property is granted to the TRCA, its employees, or other persons as required by the TRCA for the purpose of compliance inspections, obtaining information, and/or monitoring all works, activities and/or construction pursuant to the approved drawings, reports and conditions specified herein. 2. There is strict adherence to the approved design drawings, reports and conditions. All proposed revisions to the design of this project must be submitted for the review and approval of the TRCA prior to implementation of the redesigned works. 3. Grading and earth moving works are to be completed by December 31, 2014 to the satisfaction of the TRCA unless an alternative date has been agreed to in writing by the TRCA. If an alternative schedule is required, a formal written request including justification for an extension must be submitted by the owner to the TRCA a minimum of 15 days prior to the deadline. Furthermore, all disturbed areas are to be stabilized within 30 days of the date the areas become inactive to the satisfaction of the TRCA. 4. Following the completion of construction all disturbed areas are to be permanently restored (planted) by July 1, 2014 to the satisfaction of the TRCA and sediment controls removed/disposed of from the site unless an alternative date has been agreed to in writing by the TRCA. If an alternative schedule is required, a formal written request including justification for an extension must be submitted by the owner to TRCA a minimum of 15 days prior to the deadline. 5. The TRCA must be notified 48 hours prior to the commencement of works and within 48 hours of the completion of works. 6. Effective erosion and sediment control measures are to be installed prior to the commencement of works and such measures are to be maintained in good working order throughout all phases of development to the satisfaction of the TRCA. 7. The erosion and sediment control strategies outlined on the approved drawings are not static and may need to be upgraded and amended as site conditions change to prevent sediment releases to the natural environment to the satisfaction of the TRCA. 8. Any breaches of the erosion and sediment control measures must be repaired within 48 hours to the satisfaction of the TRCA. 29

30 9. The Owner is solely responsible for repairing on and off-site erosion and/or sediment damage resulting from ineffective and/or failed erosion and/or sediment control measures. The repairs must be conducted to the satisfaction of the TRCA. 10. The TRCA reserves the right to request additional fees for staff time allocated to the project regarding issues of non-compliance and/or additional technical review, consultation and site visits beyond the TRCA s standard compliance inspections. RATIONALE The application was reviewed by staff on the basis of the following information: Proposal: The purpose of this application is to permit slope restoration works within a Regulated Area of the Humber River Watershed. These works are to remediate the placement of fill on the valley wall that has resulted in an unstable slope configuration. The valley wall of the Main Humber River is located at the rear of the subject property. The majority of the slope is vegetated, with a small portion at the top being manicured lawn. Previously, up to 1.5m of fill was placed over top of bank, totaling an area of approximately 264 square meters. This resulted in an unstable slope configuration that was showing active signs of erosion during site visits conducted by TRCA staff in March and April of The proposed remediation works consist of the removal of portions of the previously placed fill and the re-grading of the slope to a more stable slope configuration of 2.2:1. The reconfigured slope is to be terraseeded and planted with shrubs upon the completion of works. Fee and Permit Timing: The applicant initiated the placement of fill in advance of a permit pursuant to Ontario Regulation 166/06 being issued, therefore the permit is to be issued "after the fact". The applicant has paid the application fee plus 100% in association with the violation. In addition, the time frame for this permit will be adjusted to reflect that the works have already been completed. Conditional Approval: TRCA staff recommends that this permit be approved with conditions, which are listed in the documents section above. These conditions have again been agreed to by the owner. Control of Flooding: The subject property is located outside the Regional Storm Floodplain and impacts to the storage or conveyance of flood waters is not anticipated. Pollution: Standard erosion and sediment controls (e.g. sediment fence) will be installed prior to construction and maintained for the duration of works to prevent the release of construction generated sediment into the natural environment. These measures are to be installed in accordance with TRCA's Erosion and Sediment Control Guidelines. Dynamic Beaches: Not applicable. 30