Executive Committee Meeting Revised Agenda. #12/17 February 9, :30 A.M. Teleconference Conducted from Head Office Members:

Transcription

1 Executive Committee Meeting Revised Agenda #12/17 February 9, :30 A.M. Teleconference Conducted from Head Office Members: Chair Maria Augimeri Vice Chair Jack Heath Jack Ballinger Vincent Crisanti Glenn De Baeremaeker Chris Fonseca Brenda Hogg Jennifer Innis Colleen Jordan Mike Mattos Jennifer McKelvie Anthony Perruzza Pages 1. MINUTES OF MEETING #11/17, HELD ON JANUARY 12, 2018 Minutes Link 2. BUSINESS ARISING FROM THE MINUTES 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. DELEGATIONS 5. PRESENTATIONS

2 6. CORRESPONDENCE 7. SECTION I - ITEMS FOR AUTHORITY ACTION 8. SECTION II - ITEMS FOR EXECUTIVE COMMITTEE ACTION 8.1 ONTARIO MUNICIPAL BOARD 6 Request for Authorization to Appear 9. SECTION III - ITEMS FOR THE INFORMATION OF THE BOARD 10. SECTION IV - ONTARIO REGULATION 166/06, AS AMENDED PERMIT APPLICATIONS 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 infrastructure works, resolution of violations/after the fact permits, trail construction TOWN OF AJAX 28 TOWN OF AJAX To construct, reconstruct, erect or place a building or structure, site grade, temporarily or permanently place, dump or remove any material, originating on the site or elsewhere, interfere with a wetland and alter a watercourse on Lakeview Boulevard from Poplar Avenue to Maple Avenue and within Paradise Park, in the Town of Ajax, Waterfront Watershed as located on the property owned by the Toronto and Region Conservation Authority and the Town of Ajax. The purpose is to revitalize Paradise Park by realigning Lakeview Boulevard between Poplar Avenue and Maple Avenue within Paradise Park, constructing two municipal parking lots, a washroom facility and associated water and sanitary infrastructure, improve local park trail connections, construct a sand volleyball court, construct two new playgrounds, a shade structure and watermains from Poplar Avenue to 75 m east of Poplar Avenue and from 80 m west of Maple Avenue to Maple Avenue. 2

3 10.2 TOWN OF CALEDON CENTREVILLE CREEK ROAD To construct, reconstruct, erect or place a building or structure on Lot 1, 2, Concession 2, Lot 1, Concession 3 East Half Lot 37, Plan 43R-18424, Centreville Creek Road, in the Town of Caledon, Humber River Watershed. The purpose is to recognize the construction of a 6.09 m by m (20 ft by 40 ft) above ground swimming pool at the rear of an existing residential dwelling located within TRCA's Regulated Area of the Humber River Watershed. The described works were initiated without the issuance of a TRCA or municipal building permit. As such, an additional permit application fee of 100% was charged for this "after-the-fact" permit. PERMIT APPLICATIONS EX EX10.7 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 TORONTO (SCARBOROUGH COMMUNITY COUNCIL AREA) 34 GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO 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 on, (1265 Military Trail), in the City of Toronto (Scarborough Community Council Area), Highland Creek Watershed as located on the property owned by Governing Council of the University of Toronto. The purpose is to construct an asphalt surface trail and three sections of elevated boardwalk on the upper valley slope adjacent to the University of Toronto Scarborough Campus. A portion of the slope that is currently over steepened will be engineered CITY OF VAUGHAN 36 MONARCH CASTLEPOINT KIPLING NORTH DEVELOPMENT LIMITED To construct, reconstruct, erect or place a building or structure, site grade, temporarily or permanently place, dump or remove any material, originating on the site or elsewhere, interfere with a wetland and alter a watercourse on Lot 28, 29, Concession 8, (11178 Kipling Avenue), in the City of Vaughan, Humber River Watershed as located on the property owned by Monarch Castlepoint Kipling North Development Limited. The purpose is to allow development, interference with a wetland and the alteration of a watercourse within a Regulated Area of the Humber River Watershed to facilitate the construction of a stormwater management facility (SWM Pond 2) and associated outfall to service a portion of Block 55 East, northwest of Kipling Avenue and Teston Road, in the City of Vaughan. 3

4 10.5 CITY OF VAUGHAN 38 NASHVILLE 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 Lot 24, Concession 9, (Major Mackenzie Drive and Huntington Road), in the City of Vaughan, Humber River Watershed as located on the property owned by Nashville 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 4B of a draft approved plan of subdivision (19T-15V006) within Block 61 West, northeast of Major Mackenzie Drive and Huntington Road, in the City of Vaughan CITY OF VAUGHAN 40 NASHVILLE 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 Lot 24, Concession 9, (Major Mackenzie Drive and Huntington Road), in the City of Vaughan, Humber River Watershed as located on the property owned by Nashville 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 2 of a draft approved plan of subdivision (19T-16V010) also known as the Mizuno lands within Block 61 West, northeast of Major Mackenzie Drive and Huntington Road, in the City of Vaughan CITY OF VAUGHAN 42 RAVINES OF ISLINGTON ENCORE INC. To construct, reconstruct, erect or place a building or structure, site grade, temporarily or permanently place, dump or remove any material, originating on the site or elsewhere and alter a watercourse on Lot 8, 9, 10, 11, 12, Plan M- 1113, ( Islington Avenue), in the City of Vaughan, Humber River Watershed as located on the property owned by Ravines of Islington Encore Inc. The purpose is to allow development and the alteration of a watercourse within a Regulated Area of the Humber River Watershed to facilitate the construction of 36 townhouse units in 6 blocks with a single driveway, above ground parking, stormwater outfall upgrades, servicing, decks, patios, retaining walls and other landscaping features at Islington Avenue, in the City of Vaughan. 4

5 10.8 STANDARD DELEGATED PERMITS 45 Standard Permits, including Emergency Infrastructure Works permissions, are implemented by Planning and Development Division staff and are received monthly by the Executive Committee. Standard Permits, including Emergency Infrastructure Works permissions, are subject to the authorization of designated staff appointed as Enforcement Officers, as per Authority Res.#A198/13, #A199/13 and #A103/15, respectively. All standard and emergency infrastructure works are non-complex permissions consistent with TRCA approved policies and procedures and issued for a time period of two years or less. PERMIT APPLICATION 10.9 IS A MAJOR APPLICATION - 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 infrastructure works, resolution of violations/after the fact permits, trail construction CITY OF TORONTO (ETOBICOKE YORK COMMUNITY COUNCIL AREA) 63 CITY OF TORONTO To construct, reconstruct, erect or place a building or structure, site grade, temporarily or permanently place, dump or remove any material, originating on the site or elsewhere, and alter a watercourse, along Mimico Creek from Reid Manor Park to The Queensway and Park Lawn Road, in the City of Toronto (Etobicoke York Community Council Area), Mimico Creek Watershed, as located on property owned by the City of Toronto and private landowners with temporary easements obtained. The purpose is to rehabilitate an existing sanitary trunk sewer. Works will involve relining the trunk sewer and construction of access routes to each maintenance chamber. The warm water construction timing window of July 1 to March 31 will apply to this proposal ERRATA UPDATE SHEET NEW BUSINESS NEXT MEETING OF THE EXECUTIVE COMMITTEE #1/18, TO BE HELD ON MARCH 2, 2018 AT 9:30 A.M. AT HEAD OFFICE, 101 EXCHANGE AVENUE, VAUGHAN John MacKenzie, Chief Executive Officer /ks 5

6 Item 8.1 Section II Items for Executive Action TO: FROM: Chair and Members of the Executive Committee Meeting #12/17, Friday, February 09, 2018 Carolyn Woodland, Senior Director, Planning, Greenspace and Communications RE: ONTARIO MUNICIPAL BOARD Request for Authorization to Appear KEY ISSUE Authorization for staff to appear before the Ontario Municipal Board, and if needed, retain legal counsel on appeals within the Toronto and Region Conservation Authority jurisdiction. RECOMMENDATION THAT authorization be given to Toronto and Region Conservation Authority (TRCA) staff to participate in, and if needed, retain legal counsel to protect TRCA's interests before the Ontario Municipal Board (OMB) regarding the appeals described within this staff report; THAT TRCA staff continue to work cooperatively with TRCA's municipal partners and the appellants to ensure TRCA's interests are implemented as part of the OMB process; AND FURTHER THAT the OMB and all parties to the hearings be so advised. BACKGROUND Policy p of The Living City Policies for Planning and Development in the Watersheds of the Toronto and Region Conservation Authority states that, TRCA staff obtain authorization from TRCA s Authority Board/Executive Committee to appear before tribunals on planning and development matters. Staff is seeking authorization to appear before the OMB, and if needed, retain legal counsel on appeals within the TRCA jurisdiction. Currently, TRCA staff has identified 29 Planning Act applications that have been appealed to the OMB for which TRCA's interests are affected. Ten of which are located within the Region of Peel; 14 within the Region of York; and five within the City of Toronto. The majority of these applications (i.e. 67%) were appealed to the OMB based upon the failure of the municipalities to render a decision on the application within the prescribed timeline. The remaining applications (i.e. 33%) are appeals to the decision of the municipality. TRCA staff is seeking either "Party" or Participant status in these appeals because TRCA has an interest from a policy or regulatory perspective, and in many cases is assisting TRCA's municipal partners. "Party" status refers to a person or organization that requests full involvement in the hearing and is recognized by the Board. Parties take part in the hearing by exchanging documents, presenting evidence, questioning witnesses and making submissions to the Board. Parties may also request costs, adjournments or a review of the decision. 6

7 Item 8.1 "Participant" status refers to a person or organization that participates by making a statement to the Board on some or all of the issues at a hearing. A Participant may attend all or only part of the proceedings. Participants are not required to make submissions to council before becoming involved in an OMB matter. When making a statement to the Board, Participants must swear to tell the truth. They may be questioned by the Board and other parties. Participants generally do not question witnesses and cannot ask for costs, adjournments or request a review of the decision. In most cases, TRCA staff alone represents the interests of TRCA during the OMB process. However, in certain circumstances, TRCA staff retains legal counsel to ensure TRCA's interests are protected and addressed during the course of the OMB proceedings. Instances where staff would require legal counsel include bringing forward a motion to the Board for consideration, when the hearing enters into formal adjudication, when TRCA needs to cross-examine experts representing other Parties, or when the appeal is complex involving legal matters where staff requires guidance. In all cases, TRCA staff and retained legal counsel continue to work with the Parties and Participants to the hearing in an attempt to resolve TRCA's issues, scope TRCA's involvement and to reduce legal fees to the greatest extent possible. RATIONALE Attachment 1 includes summaries of each appeal, which are organized by municipality, and whether they are site-specific or pertain to new municipal official plans or secondary plans. The appeals are at various stages in the OMB process, and some have hearing dates set for as early as February and March of As such, staff is requesting authorization to appear before the Board for these appeals and will continue to bring forward future requests as per the direction within The Living City Policies. FINANCIAL DETAILS Account Code has been established to provide for TRCA s legal services fees related to Planning and Development matters. DETAILS OF WORK TO BE DONE Staff will continue to represent the interests of TRCA during any mediation and scoping processes. Should the need arise, TRCA staff is requesting authorization of the Executive Committee to retain legal counsel to ensure TRCA's interests, as identified above, are protected and addressed. TRCA staff and retained legal counsel will continue to work with the parties and participants to the hearing in an attempt to resolve TRCA's issues, and to reduce legal fees to the greatest extent possible. Report prepared by: Leilani Lee-Yates, extension s: llee-yates@trca.on.ca For Information contact: Leilani Lee-Yates, extension s: llee-yates@trca.on.ca Date: January 26, 2018 Attachments: 1 7

8 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB Attachment 1 No. File Information Applicant and Appellant(s) SITE-SPECIFIC APPEALS Region of Peel 1. Municipality: Town of Caledon OMB Case No.: PL TRCA Staff Contact: Adam Miller and Quentin Hanchard TRCA CFN: Proponent and Appellant: John Downey Description of Application The subject property is located at Heart Lake Road, located on the east side of Heart Lake Road, between King Street and Old School Road, and is legally described as Lot 25, Concession 3, Town of Caledon, Region of Peel. Within the Humber River watershed and is regulated by TRCA. The applicant is seeking to obtain consent in order to sever the parcel of land having a total area of 1.3 acres. Town staff recommended refusal of the application; however, the Town Committee of Adjustment (COA) approved the application. Through Council Resolution, the COA decision was appealed to the OMB by Town staff. Subject property and proposed new lot is located within the Regulatory Floodplain. The PPS and TRCA s The Living City Policies (LCP) do not support new development within the Regulatory Floodplain. Under the Provincial Policy Statement (PPS) and TRCA s LCP, the creation of a new lot is considered to be new development. Status The OMB Hearing scheduled for January 7, 2017, has been adjourned to no fixed date in order to allow the parties to continue settlement discussions. As no Prehearing Conference was arranged, TRCA presently has no status in the hearing. Staff will monitor the settlement discussions. It may be necessary for TRCA to schedule a motion for a hearing of the TRCA s request for Party Status in this matter. Tentatively, a motion hearing to request Party Status is scheduled for March 12, Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 8

9 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) 2. Municipality: Town of Caledon OMB Case No.: PL TRCA Staff Contact: Leilani Lee-Yates and Quentin Hanchard TRCA CFN: Municipality: City of Brampton OMB Case No.: PL TRCA Staff Contact: Adam Miller and Quentin Hanchard TRCA CFN: Proponent and Appellant: Carolos and Mary Ann Pacheco Proponent and Appellant: Ontario Limited Description of Application The subject property is located at 40 Diamondwood Dr. in Palgrave. Within the Humber River watershed on the Oak Ridges Moraine and is regulated by TRCA (i.e. within a wetland area of interference). Through the approved Draft Plan of Subdivision (DPS), building envelopes were established for each lot. The areas outside of the building envelope form part of the overall reforestation and restoration area and development is prohibited in these areas. The applicant submitted a Minor Variance application to amend the building envelope to facilitate the construction of a pool and related amenity uses. TRCA did not support the application, and the Town of Caledon Committee of Adjustment denied the application. The subject property is located at 9124 Dixie Road, located on the west side of Dixie Road, north of Queen Street, and is legally described as Part East 1/2 Lot 6, Concession 3, City of Brampton, Region of Peel. Within the Etobicoke Creek watershed and is partially regulated by TRCA. The applicant is proposing an Offical Plan Amendment (OPA), Zoning By-law Amendment (ZBA), DPS, and Draft Plan of Condominium (DPC) to facilitate the development of 11 residential units Status A hearing date is set for February 27, TRCA is seeking Party Status to the hearing. A Prehearing Conference was held on September 27, 2016, and January 24, TRCA staff attended both prehearings and obtained Party Status. A 3 rd Prehearing Conference is scheduled for February 26, 2018 to provide an update to the Board on the progress of the review. The Board has adjourned the hearing at this time and has yet to set a date. Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 9

10 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) 4. Municipality: Brampton OMB Case No.: PL17081 TRCA Staff Contact: Anant Patel and Adam Miller TRCA CFN: Proponent and Appellant: Wam Kennedy Road LP Description of Application consisting of 3 townhouses and 4 pairs of semi-detached dwellings to be developed as a freehold residential development fronting on a common element roadway. The applications were appealed to the OMB by the applicant, because Council has not made a decision within the prescribed time period under the Planning Act. A tributary of the Etobicoke Creek is adjacent to the property to the south. Natural heritage features, natural hazards and buffers have not been delineated to the satisfaction of TRCA. The subject property is located at 174 Kennedy Road South, located on the east side of Kennedy Road South, north of Steeles Avenue East, in the City of Brampton. Within the Etobicoke Creek watershed and is partially regulated by TRCA. The applicant is proposing ZBA and Site Plan Approval applications to facilitate the construction of an industrial warehouse. City of Brampton Council denied the application as the approval. As such, the applicant has appealed Council s decision to the OMB. TRCA staff has identified a concern with the potential feature bisecting the property that would be fragmented with the proposed development. Status Hearing date set for February 21, 2018 TRCA participation / Party Status to be determined. Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 10

11 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) 5. Municipality: City of Brampton OMB Case No.: PL TRCA Staff Contact: Adam Miller TRCA CFN: Municipality: City of Brampton OMB Case No.: PL Proponent and Appellant: Treasure Hill Homes / Flintshire Building Group Corporation Proponent and Appellant: National Homes (Goreway) Incorporated Description of Application The subject property is located at 3255 Countryside Drive, located on the south side of Countryside Drive and east of Airport Road, City of Brampton, Region of Peel. Within the Humber River watershed and is regulated by TRCA. The applicant is proposing an OPA, ZBA, and DPS to facilitate the development of 67 detached residential dwellings. The applications were appealed to the OMB by the applicant, because Council has not made a decision within the prescribed time period under the Planning Act. A tributary of the West Humber River bisects the subject property, which is the former Castlemore Golf Course. The majority of natural heritage features have been assessed, studied and delineated to the satisfaction of TRCA. Outstanding environmental, functional servicing, stormwater management (SWM), geotechnical engineering and hydrogeology related concerns are being reviewed as a component of the appellant s recent resubmission received on November 1, The subject property is located at 9149 Goreway Drive, north of Queen Street East, east of Goreway Drive, City of Brampton, Region of Peel. Status A Prehearing Conference meeting was held on October 11, TRCA staff attended and was granted Party Status. The Board set a second Prehearing Conference for March 8, A Hearing is scheduled for July 9, 2018 and to continue for eight days. The parties have agreed to establish a series of working meetings in an effort to address and scope issues in advance of finalizing the Procedural Order and Issues List. No Prehearing and/or Hearing has been scheduled to date. TRCA intends to request Party Status. Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 11

12 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) TRCA Staff Contact: Anant Patel TRCA CFN: CFN Municipality: City of Brampton OMB Case No.: PL TRCA Staff Contact: Adam Miller TRCA CFN: Proponent and Appellant: Treasure Hill Homes / Flintshire Building Group Corporation Description of Application Within the Humber River watershed and is regulated by TRCA. The site is adjacent to Claireville Conservation Area. The applicant is proposing an OPA, ZBA, and DPS to facilitate the development 168 residential townhouse units. The applications were appealed to the OMB by the applicant, because Council has not made a decision within the prescribed time period under the Planning Act. A tributary of the Humber River watershed bisects the subject property. Outstanding environmental, functional servicing, SWM, and floodplain related concerns have been identified and remain outstanding. The subject property is located at 3255 Countryside Drive, located on the south side of Countryside Drive and east of Airport Road, City of Brampton, Region of Peel. Within the Humber River watershed and is regulated by TRCA. The applicant is proposing an OPA, ZBA, and DPS (DPS) to facilitate the development of 67 detached residential dwellings. The applications were appealed to the OMB by the applicant, because Council has not made a decision within the prescribed time period under the Status A Prehearing Conference meeting was held on October 11, TRCA staff attended and was granted Party Status. The Board set a second Prehearing Conference for March 8, A Hearing is scheduled for July 9, 2018 and to continue for eight days. The parties have agreed to establish a series of working meetings in an effort to address and scope issues in advance of finalizing the Procedural Order and Issues List. Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 12

13 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) 8. Municipality: City of Brampton OMB Case No.: PL TRCA Staff Contact: Leilani Lee-Yates and Quentin Hanchard TRCA CFN: Proponent and Appellant: Burnt Log Management Inc. Description of Application Planning Act. A tributary of the West Humber River bisects the subject property, which is the former Castlemore Golf Course. The majority of natural heritage features have been assessed, studied and delineated to the satisfaction of TRCA. Outstanding environmental, functional servicing, SWM, geotechnical engineering and hydrogeology related concerns are being reviewed as a component of the appellant s recent resubmission received on November 1, The proponent is proposing to develop an ha property (46.32 ac) at the southeast corner of Countryside Dr. and Heart Lake Rd, in the City of Brampton. The proposed condominium development consists of 479 residential units (subject to final calculations); internal condominium roads; one municipal road; and environmental protection blocks. The subject property contains three Provincially Significant Wetlands (PSW) within the Heart Lake Wetland Complex, two Woodlots, and one Tributary of the Etobicoke Creek watershed. The PSWs and Tributary are identified as Core Areas of the Region of Peel Greenlands System within the Region of Peel Official Plan (ROP). The Status A Pre-hearing Conference was held on November 9, 2017, at which time TRCA staff was granted Party Status to the hearing. TRCA is meeting with City of Brampton staff and the appellant to scope and resolve our issues. A hearing date has not been set. Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 13

14 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) 9. Municipality: City of Mississauga OMB Case No.: PL16128 TRCA Staff Contact: Adam Miller and Quentin Hanchard TRCA CFN: Proponent and Appellant: Queen Frederica Incorporated Description of Application Woodlot features are less than 4 ha in size, but are contiguous to the PSWs and Tributary, and as such are Natural Area and Corridors (NACs) within the Region of Peel Greenlands System. The natural heritage features and areas are further designated as PSWs, Valleyland/Watercourse Corridor and Woodland on Schedule D of the City of Brampton Official Plan (OP). TRCA regulates development 120 m from PSWs, and 15 m from the greater of the natural hazard limit associated with the Tributary. Draft Plan of Condominium application has been appealed to the OMB by the applicant, because Council has not made a decision within the prescribed time period under the Planning Act. The subject property is located at 3085 Queen Frederica Drive, located on the west side of Dixie Road, north of Dundas Street, south of Little Etobicoke Creek, and is legally described as Part Block F, Registered Plan 784, City of Mississauga, Region of Peel. Within the Etobicoke Creek watershed and is regulated by TRCA. The applicant is proposing a draft plan of condominium to covert the existing 11-storey apartment building (73 units) to a 73 residential unit condominium. The entire site is located within the Regulatory Floodplain and hydraulic floodway of the Little Etobicoke Creek, Status A Prehearing Conference meeting was held August 21, TRCA staff attended and was granted Party Status. A Hearing is scheduled for February 28, 2018 and to continue for four days. Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 14

15 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) Region of York 10. Municipality: Town of Whitchurch-Stoufville OMB Case No.: PL TRCA Staff Contact: Jackie Burkart and June Little TRCA CFN: Proponent and Appellant: Savena Cove Homes Inc. Description of Application and within the Applewood Special Policy Area (SPA). City of Mississauga Council denied the application as the approval would result in redevelopment in the floodplain which is prohibited by the PPS and City OP. As such, the applicant has appealed Council s decision to the OMB. The PPS, City OP and TRCA s LCP do not support new development, which also constitutes redevelopment, within the Regulatory Floodplain. The subject property is located on the east side of Ninth Line north of Bayberry Avenue and south of Bethesda Road in the community of Stouffville and is legally described as Part of Lot 4, Concession 9, Town of Whitchurch-Stouffville in the Regional Municipality of York. These lands are within the OPA137 area. OPA 137 amends the Community of Stouffville Secondary Plan. The applicant is proposing a 145-lot residential plan of subdivision consisting of single family detached homes, a 6.00 hectare School Block, an Open Space Block and a SWM Block. The lands are partially within a flood plain and there is a drainage divide on the property with the western part of the property draining to the Rouge watershed and the eastern part of the Status A Pre-Hearing Conference (PHC) was held on January 24, TRCA attended and was granted Party Status. A second PHC was held June 26, Savena advised to secure permit under Ontario Regulation (O.Reg.) 166/06. The Board set a third pre-hearing conference for March 7, Savena Cove Homes Inc. applied for, and received a permit for wetland enhancement / flood remediation in TRCA has two outstanding concerns with respect to the application for DPS. Settlement is the expected outcome; if not TRCA will likely withdraw from any future hearing. Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 15

16 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) 11. Municipality: Township of King OMB Case No.: TBD TRCA Staff Contact: Colleen Bonner and June Little TRCA CFN: Municipality: Township of King OMB Case No.: PL Proponent and Appellant: Mansions of King Proponent and Appellant: Nobleton Estates Inc. Description of Application property draining to the Duffins Creek watershed. The applications were appealed to the OMB by fur applicants within the OPA 137. The applications were appealed to the OMB by four appellants based on vague wording regarding cost-sharing of services within the secondary plan area King Rd and Jane Street These lands are within the King City Community Plan area. The applicant is proposing 68 single detached residential dwellings and a medium density residential block intended to accommodate approximately 250 residential dwellings in the form of townhouses and low-rise apartments. In addition, a stormwater block, Environmental Protection Areas and buffers. The lands are bisected by the East Humber River valley corridor, three tributaries of the East Humber River, PSWs forming part of the Eaton Hall- Mary Hackett Lake Wetland Complex, estimated and engineered Regional Storm Floodplain and woodlands. Appealed for lack of municipal decision. 46 Ashbridge Circle, Part of Lot 6, Concession 8 To facilitate the development of the 1.21 hectare site with five residential lots, with additional blocks for open Status A Pre-Hearing conference has been scheduled for February 28, TRCA intends to request Party Status. A pre-hearing conference is scheduled for February 9, TRCA staff will be asking for Party Status. Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 16

17 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) TRCA Staff Contact: Coreena Smith and Mark Andrews TRCA CFN: Municipality: City of Vaughan OMB Case No.: PL and PL TRCA Staff Contact: Mark Andrews & June Little TRCA CFN: Proponent and Appellant: Gatehollow Estates Inc. Description of Application space and natural buffer purposes. The proposed development would obtain access from Northcott Way to the north via a block of land dedicated for road purposes. The lots would front onto a new cul-de-sac bulb where lot frontages would range from 10 to 15 metres. The development is predicated on connection to both the municipal water and sanitary sewer systems. The lands are currently designated as Residential in the Nobleton Community Plan (OPA 57, as amended by OPA 570). The subject lands are within the Humber River watershed. Tributaries of the East Humber River are situated east and west-southwest of the subject site. The 1.21 hectares site belongs to a larger 12 hectare parcel, which fronts onto the 8 th Concession Road. Appealed for lack of municipal decision on the OPA/ZBA within 180/120 days. 9681Islington Avenue. Located on a pie-shaped parcel to the west of TRCA s Restoration Services Centre and the Kortright Centre for Conservation and a valley corridor associated with the East Humber River traverses the subject property The purpose of the above noted applications is to permit a mixed-use development consisting of two apartment buildings, ranging from four Status A pre-hearing conference is scheduled for January 17, TRCA staff was granted Party Status. Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 17

18 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) 14. Municipality: City of Markham OMB Case No.: PL TRCA Staff Contact: Doris Cheng and Quentin Hanchard TRCA CFN: Municipality: City of Markham OMB Case No.: PL TRCA Staff Contact: Doris Cheng and Quentin Hanchard Proponent and Appellant: Villarmark / Villarboit Proponent and Appellant: CF/OT Buttonville Description of Application to seven storeys in height (Building A ) and three to 10 storeys in height (Building B ). The proposed development contains a total of 228 residential dwelling units and 232 m 2 of retail and commercial uses on the ground floor of Building B with a gross Floor Space Index of 2.43 times the area of the lot. A total of 363 parking spaces are proposed in a three-level underground parking garage, and vehicular access for parking and loading is proposed via a consolidated driveway from Islington Avenue. Appealed for lack of municipal decision on the OPA/ZBA within 180/120 days Highway 48 Draft block plan of subdivision, Zoning and site plan The applications were appealed to the OMB by the applicant because City Council failed to make a decision on the applications within the required timeframe pursuant to the Planning Act. Redevelopment of the Buttonville Airport. The application was appealed because the municipality did not make a decision within the prescribed timeline. Status Multiple prehearings. TRCA is a Party. Hearings deferred until violation of TRCA O. Reg. and floodplain issues have been addressed. Permit issued to contain 4 ha of floodplain on a 12 ha site within a restored channel of Exhibition Creek within 1 ha. Lands sold. Prehearing with new owners December 18 th. Awaiting resubmission. TRCA was a Party and entered into minutes of settlement with respect to groundwater, and slope stability. Recently, settlement discussions with the City and the Region have failed. TRCA needs to investigate status from the OMB and may need to re-engage. Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 18

19 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) Description of Application Status TRCA CFN: Municipality: City of Markham OMB Case No.: TBD TRCA Staff Contact: Anthony Sun and Doris Cheng Proponent and Appellant: Garden Homes, 3 Townhouse Blocks Subdivision and Site plan, located north of Highway 407 and north of the Rouge River (73 Main Street). Townhouse redevelopment. The application was appealed because the municipality did not make a decision within the prescribed timeline. Slope stability and long term stable issues. Contacting the OMB for more information. Anticipated need for Party Status. No hearing date has yet to be scheduled. TRCA CFN: Municipality: City of Markham OMB Case No.: PL TRCA Staff Contact: Doris Cheng and Quentin Hanchard TRCA CFN: Proponent and Appellant: Sixteenth Land Holdings Inc th Avenue, north side of 16 th Avenue, between Warden Avenue and Kennedy Road Master Environmental Servicing Plan (MESP), Secondary Plan Amendment, Zoning Amendments and two draft plans of subdivision. To develop hectares of land to permit 2,421 residential units, school blocks, park blocks, road network, natural heritage system blocks, and mixed use blocks. Bruce and Berczy creeks bisect the properties and associated floodplains. PSW s also on site and high groundwater. The applications were appealed to the OMB by the applicant because City Council failed to make a decision on the applications within the required timeframe pursuant to the Planning Act. Prehearing conference held November 7, Second Prehearing scheduled in TRCA was granted Party Status. Currently reviewing 2 nd submission. Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 19

20 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) 18. Municipality: City of Markham OMB Case No.: PL TRCA Staff Contact: Anthony Sun and Doris Cheng TRCA CFN: Municipality: Town of Richmond Hill OMB Case No.: PL TRCA Staff Contact: Anthony Sun and Doris Cheng TRCA CFN: Municipality: City of Markham OMB Case No.: PL TRCA Staff Contact: Anthony Sun and Doris Cheng Proponent and Appellant: th Avenue (Unionville) Inc. Proponent and Appellant: Yonge MCD Inc. Proponent and Appellant: National Homes (Castlemore Ave.) Inc. Description of Application The subject property is th Avenue in the City of Markham. The applications were appealed to the OMB by the applicant because City Council failed to make a decision on the applications (OPA & ZBA) within the required timeframe pursuant to the Planning Act. The proposal is an infill subdivision located adjacent to the Bercy Creek valley system. A wetland is also located with the valley system. The subject property is 59 Brookside Dr. (formerly 47, 59 Brookside, Yonge St., 12 Naughton Dr., now all merged together) in the Town of Richmond Hill. The applications were appealed to the OMB by the applicant because City Council failed to make a decision on the applications (OPA & ZBA) within the required timeframe pursuant to the Planning Act. The proposal is a large infill mid-rise and high-rise application, the site is traversed by the valley corridor of a tributary of the Rouge River. Proposal is a mid and high-rise residential proposal. Site is located adjacent to buried watercourse but remains partially within or in very close proximity to the regulatory flood plain due to upstream issues. Status TRCA staff attended the pre-hearing conference and requested Participant Status on the basis that TRCA comments appear to have been addressed; however, staff wishes to ensure TRCA interests are protected. A second pre-hearing conference has been scheduled for March A pre-hearing conference has been scheduled for January 16, Based upon the last submissions (received in late 2016) TRCA staff will likely seek Party Status as acceptable development limits have not yet been established. Correspondence from applicant s lawyer was provided to the City stating appeal has been submitted to the Board. First submission is currently still under review. Prehearing not yet scheduled. Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 20

21 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) TRCA CFN: Municipality: Town of Richmond Hill OMB Case No.: PL (reactivated case file) TRCA Staff Contact: Doris Cheng TRCA CFN: Proponent and Appellant: Deergate Holdings Inc. Description of Application Application is currently a Site Plan Application. The applications were appealed because City Council failed to make a decision on the applications within the required timeframe pursuant to the Planning Act. The subject property is located on the north side of 19th Avenue, west of Leslie Street and east of Bayview Avenue, in the North Leslie Secondary Plan Area. Municipally known as Leslie Street in the Town of Richmond Hill, Regional Municipality of York. Within the Rough River watershed and is regulated by TRCA. The applicant is proposing a ZBA and DPS to facilitate the creation of a subdivision consisting of 352 single detached dwellings, 113 townhouses, 78 semis, local roads, park blocks, elementary school block, SWM blocks and natural heritage system blocks. The proposal includes the removal of a ±2ha wetland on the site which also is within the Oak Ridges Moraine Conservation Plan Area, which has yet to be evaluated. The applications were appealed to the OMB by the applicant for Council's failure to make a decision on the applications within the prescribed time period under the Planning Act. Status TRCA staff to determine whether they will request Party or Participant Status. TRCA evaluated the wetland and provided the information to the Ministry of Natural Resources and Forestry (MNRF) for determination of wetland status (Significance). OMB motion hearing deferred hearing to end of March/early April. TRCA has been granted Party Status. Consultant has engaged TRCA in without prejudice discussions. Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 21

22 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) 22. Municipality: Town of Richmond Hill OMB Case No.: PL TRCA Staff Contact: Anthony Sun Proponent and Appellant: Vitmont Holdings (Oak Ridges) Inc. OPA Description of Application The proposed project includes an OPA, ZBA, and Site Plan Application to facilitate the construction of a new sixstorey residential structure with 50 residential units, at-grade parking, landscaping, and associated grading. The application was appealed because the municipality did not make a decision within the prescribed timeline. Status Do not anticipate issues as long as they address TRCA comments. Prehearing not yet scheduled. May require participant status. 23. TRCA CFN: Municipality: Town of Richmond Hill OMB Case No.: PL TRCA Staff Contact: Anthony Sun TRCA CFN: and City of Toronto 24. Municipality: City of Toronto (Scarborough Community Council Area) OMB File No.: PL TRCA Staff Contact: Mark Rapus and Steve Heuchert Proponent and Appellant: Ontario Inc. - Zen Homes D (SUB), D (COND), D (SP), D (ZBA) and D Proponent and Appellant: Highland Creek Lofts Inc. Proposal for the construction of 13 residential townhouse units, of which are within the required 10m buffer to a NHS (in this case the Regional floodplain). The application was appealed because the municipality did not make a decision within the prescribed timeline. The subject site at 85 Galloway Road in the City of Toronto (Scarborough Community Council Area) is located at the northeast quadrant of Galloway Road and the Canadian National Railway Corridor, and is legally described as Part of Lot 12, Concession D, City of Toronto. Within the Waterfront watershed and is regulated by TRCA due to the presence Do not anticipate issues as long as they address TRCA comments. TRCA staff worked with applicant to address floodplain issues (backwater). Prehearing not yet scheduled. May require Participant Status. A Pre-Hearing Conference meeting was been scheduled for June 12, TRCA was granted Party Status. Another Pre-Hearing Conference was held November 22, A new Pre-Hearing Conference has been scheduled for October 1, TRCA staff is open to establishing a series of meetings if necessary in an effort to work through the issues and Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 22

23 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) TRCA CFN: Municipality: City of Toronto (Scarborough Community Council Area) OMB File No.: PL TRCA Staff Contact: Steve Heuchert TRCA CFN: Proponent and Appellant: Adventpath Ventures Inc. Description of Application of a wetland on the site. The applicant is proposing a ZBA to facilitate the construction of five detached and two semi-detached dwellings serviced by a private driveway. The application was appealed to the OMB by the applicant, because Council has not made a decision within the prescribed time period under the Planning Act. The subject site at 1255 York Mills Road in the City of Toronto (North York Community Council Area) is located on the south side of York Mills Road and east of the Don Valley Parkway. The property is legally described as Part Lot 10, Concession 4, Plan 66R Within the Don River watershed and is regulated by TRCA as it is within the valley corridor, contains the valley slope and contiguous vegetation. The property contains a decommissioned Toronto Hydro electrical transformer station. The applicant is proposing an OPA and ZBA to construct 11 new residential units with new access roadway and servicing from York Mills Road. The application was appealed to the OMB by the applicant because City Council refused their application on July 12, Status come to a settlement prior to the hearing. A Pre-Hearing Conference was held on May 25, 2017, and TRCA was granted Party Status. A Hearing is set for two weeks starting Oct. 22, Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland (PSW) Stormwater Management (SWM) 23