PRESENT Maria Augimeri Anthony Perruzza. Vincent Crisanti Glenn De Baeremaeker. Jennifer McKelvie

Transcription

1 Executive Committee Meeting #12/17 was held at TRCA Head Office, on Friday, February 9, The Chair Maria Augimeri, called the meeting to order at 9:32 a.m. PRESENT Maria Augimeri Anthony Perruzza PRESENT VIA TELECONFERENCE Jack Heath Jack Ballinger Vincent Crisanti Glenn De Baeremaeker Chris Fonseca Brenda Hogg Jennifer Innis Colleen Jordan Mike Mattos Jennifer McKelvie Chair Member Vice Chair Member Member Member Member Member Member Member Member Member RES.#B132/17 - MINUTES Moved by: Anthony Perruzza Seconded by: Colleen Jordan THAT the Minutes of Meeting #11/17, held on January 12, 2018, be approved. CARRIED CONFLICT OF INTEREST Jennifer McKelvie declared a conflict in regard to item 10.3 Governing Council of the University of Toronto, as she sits on the University of Toronto Scarborough Campus Council. 673

2 Section II Items for Executive Action RES.#B133/17 - Moved by: Seconded by: ONTARIO MUNICIPAL BOARD Request for Authorization to Appear. 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. Jack Ballinger Colleen Jordan 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. CARRIED 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. "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. 674

3 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: 1 675

4 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 PL Adam Miller and Quentin Hanchard 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) 676

5 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 PL Leilani Lee-Yates and Quentin Hanchard Municipality: City of Brampton PL Adam Miller and Quentin Hanchard Carolos and Mary Ann Pacheco 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) 677

6 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) 4. Municipality: Brampton PL17081 Anant Patel and Adam Miller 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) 678

7 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 PL Adam Miller Municipality: City of Brampton PL Treasure Hill Homes / Flintshire Building Group Corporation 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) 679

8 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) Anant Patel CFN Municipality: City of Brampton PL Adam Miller 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) 680

9 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 PL Leilani Lee-Yates and Quentin Hanchard 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) 681

10 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 PL16128 Adam Miller and Quentin Hanchard 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) 682

11 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 PL Jackie Burkart and June Little 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) 683

12 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 TBD Colleen Bonner and June Little Municipality: Township of King PL Mansions of King 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) 684

13 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) Coreena Smith and Mark Andrews Municipality: City of Vaughan PL and PL Mark Andrews & June Little 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) 685

14 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 PL Doris Cheng and Quentin Hanchard Municipality: City of Markham PL Doris Cheng and Quentin Hanchard Villarmark / Villarboit 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) 686

15 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 Municipality: City of Markham TBD Anthony Sun and Doris Cheng 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 Municipality: City of Markham PL Doris Cheng and Quentin Hanchard 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) 687

16 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 PL Anthony Sun and Doris Cheng Municipality: Town of Richmond Hill PL Anthony Sun and Doris Cheng Municipality: City of Markham PL Anthony Sun and Doris Cheng th Avenue (Unionville) Inc. Yonge MCD Inc. 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) 688

17 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) Municipality: Town of Richmond Hill PL (reactivated case file) Doris Cheng 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) 689

18 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 PL Anthony Sun 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 Municipality: Town of Richmond Hill PL Anthony Sun and City of Toronto 24. Municipality: City of Toronto (Scarborough Community Council Area) OMB File No.: PL Mark Rapus and Steve Heuchert Ontario Inc. - Zen Homes D (SUB), D (COND), D (SP), D (ZBA) and D 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) 690

19 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB No. File Information Applicant and Appellant(s) Municipality: City of Toronto (Scarborough Community Council Area) OMB File No.: PL Steve Heuchert 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) 691

20 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB 26. Municipality: City of Toronto (Scarborough Community Council Area) OMB File No.: PL Steve Heuchert A, B & C Ontario Inc. and Ontario Inc. The subject sites at 250 Lawrence Avenue West and 219 Glengarry Avenue in the City of Toronto (North York Community Council Area) are located on the north side of Lawrence Avenue West and east of Avenue Road. The property is legally described as Lot 1037, Part Lots 1038, 1041, 1042 and Part Glen Garry Avenue, Registered Plan The site adjoins a remnant ravine identified as the Douglas Greenbelt and is within the Regulated Area of the Don River watershed. The valley slope is steep and contains a watercourse that is identified as being part of the City s Bedford Glen Storm Sewer that ultimately connects to Burke Brook downstream. The properties contain a 3-storey medical office building with a large surface parking lot and a 2.5-storey triplex building fronting onto Glengarry Avenue. The applicant is proposing an OPA and ZBA to construct a 12-storey residential condominium building with 3-storeys of below grade parking, and two semi-detached dwellings with walkout basement parking. 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. A Pre-Hearing Conference was held on May 25, 2017, and TRCA was granted Party Status. A Hearing has been scheduled for May 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) 692

21 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB 27. Municipality: City of Toronto (Scarborough Community Council Area) OMB File No.: PL Steve Heuchert Graywood Development Ltd. The subject sites include various properties within the City of Toronto (Toronto and East York Community Council Area) in the Lower Don SPA along the Eastern Avenue corridor east of the Don River. These include 462 Eastern Avenue (PL150240) and 21 Broadview Avenue, 459 Eastern Avenue, 54 Logan Avenue, 21 Don Roadway and 30 Booth Avenue, and Eastern Avenue (all under PL140860). The sites are located within the Don River watershed and are regulated by TRCA due to the presence of a floodplain on the sites. The City of Toronto adopted OPA 231 which deals with Employment Lands policies and applies to all of the sites. The Ministry of Municipal Affairs withheld the decision on those sites located within the SPA due to their jurisdiction over the decision as per the Provincial Policy Statement. The owner of 462 Eastern Avenue also applied for a site specific OPA to change the land use designation from Employment to Mixed Use in order to allow for the reuse of an old factory building and the construction of residential condominiums. OPA 231 was appealed to the OMB by over 170 landowners because they had concerns with the policies and land use designations approved by the City. The owner of 462 Eastern Avenue appealed to the OMB as Council has TRCA staff is monitoring the Ministry of Municipal Affairs efforts to defend ministerial jurisdiction over the proposed land use and policy changes within the SPA. A Pre-Hearing Conference meeting was held on November 14, TRCA staff requested and received Party Status which was confirmed in an OMB Order issued December 6, The OPA 231 appeals within the Lower Don SPA were consolidated with the site specific appeal of 462 Eastern Avenue, and those appeals were extracted out of the wider OPA 231 hearing. TRCA has retained legal counsel and they along with staff are currently participating in meetings and providing technical and planning advice in an effort to resolve the jurisdictional matter. Staff will work to ensure legal costs will be minimized to the greatest extent possible. 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) 693

22 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB 28. Municipality: City of Toronto PL Anna Lim and Mark Rapus Janet Minas not made a decision within the prescribed time period under the Planning Act. The subject sites are located within a Regional Storm Floodplain and within a SPA. TRCA staff has concerns with some of the site specific applications as they may not meet the natural hazard policies of the PPS.\ The subject site at 20 Sandringham Drive in the City of Toronto (North York Community Council Area) is located on the east side of Sandringham Drive. The property is legally described as Part Block A, Plan 2395 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 applicant is seeking to obtain consent in order to sever the existing residential lot. City staff recommended refusal of the application. Subject property is partially located within the erosion hazard. The application was appealed to the OMB by the applicant because the Committee of Adjustment refused their application on March 22, TRCA staff will be requesting Party Status. TRCA staff is meeting with the Agent prior to the OMB hearing. OMB Hearing is scheduled for January 30, 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) 694

23 Ontario Municipal Board (OMB) Hearings 2018 Requests for Authorization to Appear Before the OMB APPEALS TO NEW OFFICIAL PLANS AND SECONDARY PLANS Region of Peel 29. Municipality: Town of Caledon Applicant: Region of Peel PL Leilani Lee-Yates and Quentin Hanchard Appellants: Bolton North Hill Landowners Group Inc. Bolton Option 3 Landowners Group Bolton Residential Option 4 & 5 Landowners Group Inc.; and others On December 8, 2016, Region of Peel Council adopted Regional OPA (ROPA) 30, to expand the Bolton Rural Service Centre in order to accommodate planned Caledon and Region of Peel growth to 2031; and create a Study Area Boundary surrounding the Bolton Rural Service Centre within which additional growth for Bolton beyond the 2031 population target is anticipated to occur. The Town of Caledon, Ministry of Municipal Affairs and Housing (MMAH), and several landowner groups appealed to the OMB. A pre-hearing conference was held on September 25, TRCA staff requested Party Status to assist the Region of Peel with technical environmental issues as per our Memorandum of Understanding with the Region of Peel; and to protect our interests related to natural heritage and natural hazards. Another pre-hearing conference is scheduled for March 9, 2017, and will make a decision on the various Party requests at that time. 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) 695

24 Section IV Ontario Regulation 166/06, As Amended RES.#B134/17 - APPLICATIONS FOR PERMITS PURSUANT TO ONTARIO REGULATION 166/06, AS AMENDED Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. Pursuant to Ontario Regulation 166/06, as amended, 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. Moved by: Seconded by: Colleen Jordan Jennifer Innis THAT permits be granted in accordance with Ontario Regulation 166/06, as amended, for the applications , which are listed below. CARRIED RES.#B135/17 - Moved by: Seconded by: APPLICATIONS FOR PERMITS PURSUANT TO ONTARIO REGULATION 166/06, AS AMENDED Glenn De Baeremaeker Vincent Crisanti THAT a permit be granted in accordance with Ontario Regulation 166/06, as amended, for application 10.9 which is listed below. CARRIED 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. 696

25 TOWN OF AJAX 10.1 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. CFN: Application #: 1150/17/AJAX Report Prepared by: Sharon Lingertat 5717 slingertat@trca.on.ca For information contact: Sharon Lingertat 5717 slingertat@trca.on.ca Date: January 29, 2018 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. CFN: Application #: 1233/17/CAL Report Prepared by: Andrea Terella 5657 andrea.terella@trca.on.ca For information contact: Andrea Terella 5657 andrea.terella@trca.on.ca Date: January 30, 2018 RES.#B136/17 - Moved by: Seconded by: APPLICATIONS FOR PERMITS PURSUANT TO ONTARIO REGULATION 166/06, AS AMENDED ERRATA APPLICATIONS Glenn De Baeremaeker Vincent Crisanti THAT permits be granted in accordance with Ontario Regulation 166/06, as amended, for applications , inclusive, that had been scheduled on the agenda as errata applications, for which all the required information was received and finalized. CARRIED 697