FURTHER TO EXECUTIVE COMMITTEE #3/05 To be held Friday, May 6, 2005

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1 FURTHER TO EXECUTIVE COMMITTEE #3/05 To be held Friday, May 6, 2005 Pages 7. SECTION I - ITEMS FOR AUTHORITY ACTION LISTED ON AGENDA AS REPORT TO FOLLOW 7.12 LAKE ONTARIO RESOURCES IMPROVEMENT OPPORTUNITY ASSESSMENT SECTION II - ITEMS FOR EXECUTIVE ACTION 8.1 ERRATA UPDATE SHEET WITHDRAWN THE REGIONAL MUNICIPALITY OF PEEL NEW PERMITS CITY OF PICKERING GAZAREK REALTY HOLDINGS LTD. To construct in a flood plain, place fill within a regulated area on Lot 18, Concession 1, (1800 Kingston Road), in the City of Pickering, Duffins Creek Watershed as located on the property owned by Gazarek Realty Holdings Ltd TOWN OF MARKHAM TOWN OF MARKHAM To construct in a flood plain, place fill within a regulated area (east of Kennedy Road, north of Highway 7 and south of Austin Drive), in the Town of Markham, Rouge River Watershed as located on the property owned by Town of Markham ITEM NEW ITEM 8.6 TOP OF RIDGE AND TOWN OF CALEDON Ontario Municipal Board Hearing

2 TO: FROM: Chair and Members of the Executive Committee Meeting #3/05, May 6, 2005 Adele Freeman, Director, Watershed Management RE: LAKE ONTARIO RESOURCES IMPROVEMENT OPPORTUNITY ASSESSMENT KEY ISSUE Approval to enter into an agreement with the Natural Heritage Institute to participate in the Lake Ontario Resources Improvement Opportunity Assessment Project funded by the Great Lakes Protection Fund. RECOMMENDATION THAT the Toronto and Region Conservation Authority (TRCA) participate in the Lake Ontario Resources Improvement Opportunity Assessment project led by the Natural Heritage Institute; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to execute the agreement, including all necessary documentation required. BACKGROUND In the fall of 2004, TRCA staff was contacted by the Natural Heritage Institute (NHI) and requested to participate in a project to assist in the development of a template for identifying and implementing the most feasible and ecologically beneficial "improvement opportunities" within the Lake Ontario sub-basin. The approach involves the further development and application of a hydroecological planning tool developed by Cornell University, augmented by an interactive process for factoring into consideration the socio-economic constraints, for selecting readily implementable and efficacious improvement projects. This initiative was conceived in part as a response to the Great Lakes Charter Annex which envisions that ecosystem improvement actions will accompany future water uses, but goes further to identify improvement opportunities that can be required or implemented by a full range of stakeholders in the basin including permitting agencies at the national, state/provincial and local community level. The identification of opportunities would be of value to permit applicants needing to mitigate project impacts; and conservation organizations and local communities wishing to undertake ecological restoration activities. In the United States context, this approach may eventually provide a tool for mitigation bankers seeking to invest in projects that can satisfy permit or regulatory requirements. This project is designed to identify the best opportunities for such improvement projects in two ways: i) it will illuminate the projects most likely to yield the desired ecological outcomes; and, ii) it will provide a basis for determining which can be achieved most cost-effectively, in other words, those that will yield the most robust result per unit of expenditure - a shared objective of permitting agencies, permittees, conservation initiators and mitigation bankers alike. 109

3 This project will apply and build upon the Cornell Hydroecological Tool to identify hydrologic impairments and predict the benefits of alternative restoration actions in watersheds of Lake Ontario. The design and field testing phases of this project will involve the direct participation of potential customers. The project has been broken into a number of specific tasks: Task 1 - initial customer outreach, target watershed identification and inventory of initial restoration opportunities; Task 2 - enhancing and expanding Cornell's hydroecology and conservation mapping tool; Task 3 - identify most promising improvement opportunities within the selected watersheds and calibrate system; Task 4 - workshops to identify on-hydrologic factors impacting success; Task 5 - disseminated results; Task 6 - propagate results, methods and process to the entire Great Lakes Basin; Task 7 - project coordination, administration and reporting. Outcomes and Evaluation The principal outcomes of this work will result in a predictive tool and effective methodology that will enable relevant stakeholders to identify restoration opportunities in the target watersheds of the Lake Ontario Basin in a manner that takes into consideration not only the importance of the individual site, but also the potential comprehensive impact of various restoration activities. These restoration opportunities will be based on the input of relevant stakeholders and will represent both multi-organization prioritization opportunities and a refinement of those priorities across their breadth to focus attention on those restoration opportunities with the largest potential ecosystem impacts. Secondly, the inclusive and far reaching customer inclusion process implemented by the project will help establish ownership by the individual parties and will focus attention across these multiple organizations on the restoration opportunities with the largest potential impact. Project Team In addition to TRCA, the project team will be composed of: Natural Heritage Institute - Since NHI's founding in 1989, they have been a leader in crafting innovative solutions that are based on scientific investigation and economic and policy analysis. They apply a wide array of tools in pursuit of their mission; advocate before judicial, administrative and legislative bodies; serve as technical and policy advisors to the ultimate governmental decision makers; plan and implement new resource management programs; design and apply state-of-the-science decision support systems; and, represent conservation interests in complex, multi-party negotiations over the allocation of natural resources. Center for the Environment, Cornell - The Center for the Environment specializes in crafting interdisciplinary collaborations among scientists and professors drawn from throughout Cornell and collaborating institutions. The center also works to apply new knowledge to environmental problems, and to promote Cornell's new methods and information for environmental stewardship needs around the world. 110

4 The Nature Conservancy - Founded in 1951, The Nature Conservancy is an international science-based tax-exempt conservation organization committed to working in partnership with local communities to achieve conservation results. The conservancy's mission is to preserve plants, animals and natural communities that represent the diversity of life on Earth by protecting the lands and waters they need to survive. The conservancy has offices in all 50 states and operates in Canada, the Pacific, the Caribbean and Latin America. FINANCIAL DETAILS The total project cost funded by the Great Lakes Protection Fund is $543,619 US. TRCA has been allocated $117,116 US to carry out its part of the project which includes the identification of 4-5 target watersheds within the Province of Ontario, including at least 1 of TRCA's watersheds; provision of georeferenced information in a format for the modelling; outreach to stakeholders in the province including workshops facilitation; and, identification of the most promising improvements. DETAILS OF WORK TO BE DONE Staff will develop a work plan in conjunction with the other team members. Adele Freeman will attend the project initiation meeting in Chicago in May 24, Report prepared by: Adele Freeman, extension 5238 For Information contact: Adele Freeman, extension 5238 Date: May 3,

5 8.1 APPLICATION FOR PERMITS UNDER ONTARIO REGULATION 158 Fill, Construction and Alteration to Waterways Information has been received and reviewed by staff for the following Scheduled Errata items. The recommendations within the staff reports should be amended to include the following: ENBRIDGE GAS DISTRIBUTION INC. Enbridge Plan, Notes and Details, Drawing No , Sheet No. 2 of 9, prepared by S. Fitzpatrick, dated September 13, 2004, revised February 2, 2002, stamped received by TRCA staff on March 3, CITY OF MISSISSAUGA Letter of Undertaking to provide revisions to engineering, sediment/erosion control, restoration and planting plans to the satisfaction of TRCA; dated April 15, 2005; received April 25, 2005; prepared by the City of Mississauga ENBRIDGE GAS DISTRIBUTION INC. Enbridge Plan, Notes and Details, prepared by P. Garnier, Drawing No , Sheet No. 2 of 2, dated October 21, 2004, revised April 13, 2005, stamped received by TRCA staff on April 21, THE REGIONAL MUNICIPALITY OF PEEL WITHDRAWN CITY OF TORONTO Drawing No. 117-S486-10, Sheet 7, prepared by LEA Consulting Ltd., received on April 1, 2005, Red-lined revised by TRCA staff on May 5, 2005; Drawing No. 117-S486-11, Sheet 8; Drawing No.117-S486-12, Sheet 9; Drawing No. 117-S486-13, Sheet 10; Drawing No. 117-S486-14, Sheet 11; Drawing No. 117-S486-15, Sheet 12; Drawing No. 117-S486-16, Sheet 13; Drawing No. 117-S486-17, Sheet 14; Drawing No. 117-S486-18, Sheet 15, prepared by LEA Consulting Ltd., received on March 1, JAN BIRCH PROPERTIES INC. Drawing No. A1.1, Ground Floor/ Site Plan, revised July 27, 2004, received August 27, 2004, prepared by Roger du Toit Architects Ltd LEWIS STEINBERG Tree Inventory/Preservation Plan, Drawing No. L1, prepared by Janet Rosenberg & Associates Landscape Architects, revised April 18, 2005, received April 19, 2005; Layout and Planting Plan, Drawing No. L2, prepared by Janet Rosenberg & Associates Landscape Architects, revised April 18, 2005, received April 19, 2005; Grading Plan, Drawing No. L3, Janet Rosenberg & Associates Landscape Architects, revised April 18, 2005, received April 19, 2005; Landscape Details, Drawing No. L4, Janet Rosenberg & Associates Landscape Architects, revised April 18, 2005, received April 19, 2005; 112

6 Letter of Undertaking, commitment to address any requests for TRCA revisions to landscape plans, dated April 22, 2005, received April 28, PARVIZ YOUSEFZADFH Drawing No. A-1, Site Plan; Drawing No. A-3, Ground Floor Plan; Drawing A-4, Second Floor Plan; Drawing No. A-5, Front Elevation; Drawing No. A-6, Rear Elevation; Drawing No. A-7, Left Side Elevation; Drawing No. A-8, Right Side Elevation; Drawing No. A-10, Typical Section; Drawing No. A-11, Typical Details and Specifications, prepared by Samuel Barsketis, dated February 5, 2005, received March 21, 2005; Drawing No. A-2, Basement Plan, prepared by Samuel Barsketis, dated February 5, 2005, received March 21, 2005, red-lined revised to indicate glass block windows by TRCA staff on May 4, ONTARIO LTD. Red-Line Revised Servicing and Grading Plan, Drawing No. SP1, prepared by Soscia Engineering Ltd., dated April 5, 2005, received April 26, BLOCK 11 LANDOWNERS GROUP Letter of Undertaking, to address any outstanding TRCA issues with respect to Stormwater Ponds 1A & 1B, prepared by David Ashfield, Schaeffers Consulting Engineers, dated April 22, 2005, received April 26, BLOCK 11 LANDOWNERS GROUP Letter of Undertaking, to address any outstanding TRCA issues with respect to Stormwater Pond 4, prepared by David Ashfield, Schaeffers Consulting Engineers, dated April 22, 2005, received April 26, BLOCK 11 LANDOWNERS GROUP Letter of Undertaking, to address any outstanding TRCA issues with respect to Stormwater Pond 2, prepared by David Ashfield, Schaeffers Consulting Engineers, dated April 22, 2005, received April 26, BLOCK 11 LANDOWNERS GROUP Letter of Undertaking, to address any outstanding TRCA issues with respect to Crossing C, prepared by David Ashfield, Schaeffers Consulting Engineers, dated April 22, 2005, received April 26, BLOCK 11 LANDOWNERS GROUP Letter of Undertaking, to address any outstanding TRCA issues with respect to Crossing E, prepared by David Ashfield, Schaeffers Consulting Engineers, dated April 22, 2005, received April 26,

7 NEAMSBY INVESTMENTS INC. Enterprise Boulevard Drawing No. P4, Project No , Prepared by Masongsong Associates Engineering Limited, as received on March 14th, 2005; Enterprise Boulevard Drawing No. DE5, Project No , Prepared by Masongsong Associates Engineering Limited as received on March 14th, 2005; Letter of Undertaking confirming the extent of works being approved as part of Permit Drawings P4 and DE5 as prepared by Masongsong Associates Engineering Limited dated April 27th, REGIONAL MUNICIPALITY OF YORK Letter of Undertaking from York Region to provide engineering drawings to the satisfaction of TRCA staff, dated April 27, 2005; received April 28, ROBERT WHITE Proposed Addition to the White Residence, Drawing No.: SP-1, prepared by The Gregory Design Group, dated April 2005, revised May 3, 2005; Proposed Addition to the White Residence, Dwg. No. : A-1, Dwg. No.: A-2, Dwg. No. A-3, Dwg. No. A-4, prepared by The Gregory Design Group, dated April SANDRA PAGE Drawing number D-01-01, entitled, The Page Residence, date received April 15, 2005, prepared by Stojanovic Land Surveying Red-lined to include required silt fencing, April 25, 2005; Drawing number A-1, entitled, Proposed Renovations to the Page Residence 27 Billy Joel Crescent Town of Markham, date received April 19, 2005; Drawing number A-2, entitled, Proposed Renovations to the Page Residence, date received April 19, 2005; Drawing number A-3, entitled, Proposed Renovations to the Page Residence, date received April 19, 2005; Drawing number A-4, entitled, Proposed Renovations to the Page Residence, date received April 19, 2005; Drawing number A-5, entitled, Proposed Renovations to the Page Residence, date received April 19, 2005; Drawing number A-6, entitled, Proposed Renovations to the Page Residence 27 Billy Joel Crescent Town of Markham, date received April 19, 2005; Drawing number A-7, entitled, Proposed Renovations to the Page Residence, date received April 19, 2005; Drawing number A-8, entitled, The Page Residence, date received April 19, 2005; General Landscape Drawing, entitled, The Page Residence, date received May 4, 2005, prepared by The Gregory Design Group REGIONAL MUNICIPALITY OF YORK North Don Collector Sewer Rehabilitation and Bank Stabilization, Dwg No. AC-1, prepared by MacViro and York Region, dated October 2004, received March 2,

8 CITY OF PICKERING GAZAREK REALTY HOLDINGS LTD. To construct in a flood plain, place fill within a regulated area on Lot 18, Concession 1, (1800 Kingston Road), in the City of Pickering, Duffins Creek Watershed as located on the property owned by Gazarek Realty Holdings Ltd. The purpose is to construct in the Regional Storm Floodplain of Duffins Creek and excavate and place fill within a Fill Regulated Area in order to facilitate the construction of an addition to the existing car dealership within the Pickering Town Centre Special Policy Area. LOCATION MAP: 1800 Kingston Road The permit will be issued for the period of May 6, 2005 to May 5, 2007 in accordance with the following documents and plans which form part of this permit: Site Grading & Servicing Plan, Dwg. No. S-1, prepared by Landscape Planning Limited, dated April 14, 2004, revised March 8, 2005 RATIONALE The application was reviewed by staff on the basis of the following information: Proposal: The purpose of this proposal is to construct in the Regional Storm Floodplain of Duffins Creek and excavate and place fill within a Fill Regulated Area in order to facilitate the construction of a service drive thru, a new car showroom, and a new service shop to the existing car dealership on the subject property. The subject property is located on the north side of Kingston Road, east of Brock Road, within the Pickering Town Centre Special Policy Area (SPA). The site is located entirely within the SPA and is separated from the watercourse by Finch Avenue to the north. 115

9 Control of Flooding: The subject property is located within the Regional Storm Floodplain of Duffins Creek, and the applicant has taken the necessary steps to ensure that the building will withstand the depths of flooding associated with a Regional Storm. Given that the building addition will match the existing structure, the applicant is proposing active floodproofing for this commercial space. TRCA water management staff are satisfied that there will be no impacts on the storage or conveyance of flood waters as a result of the proposed development. Pollution: Sediment and erosion control fencing will be erected around the work site in order to contain all construction-generated sediment. Conservation of Land: There are no geotechnical/slope stability or fisheries resources concerns related to this proposal. As the proposed addition is within an existing parking area, there are no natural heritage features on the site which may be negatively impacted by the proposed development. Plantings As no vegetation removals are required to accommodate the proposed development, no additional plantings are required. Policy Guidelines: This proposal is consistent with Section B) - Development Guidelines for Development/Redevelopment within Designated Two Zone Areas or Special Policy Areas - of the Authority's Valley and Stream Corridor Management Program. CFN: Application #: 087/05/PICK Report Prepared by: Carla Pierini, extension 5314 For information contact: Russel White, extension 5306 Date: March 14, 2005 TOWN OF MARKHAM TOWN OF MARKHAM To construct in a flood plain, place fill within a regulated area (east of Kennedy Road, north of Highway 7 and south of Austin Drive), in the Town of Markham, Rouge River Watershed as located on the property owned by Town of Markham. The purpose is to excavate and place fill within a Fill Regulated Area, and construct within the floodplain of the Rouge River in order to retrofit the existing outlet structure and channel for the Unionville Stormwater Management Pond B-3 located on the north side of Highway 7, east of Kennedy Road in the Town of Markham. 116

10 LOCATION MAP: east of Kennedy Road, north of Highway 7 and south of Austin Drive The permit will be issued for the period of May 6, 2005 to May 5, 2007 in accordance with the following documents and plans which form part of this permit: Letter of Undertaking, prepared by Gina Gammarano of the Town of Markham, dated May 4, 2005, to address any outstanding engineering comments prior to release of the permit. RATIONALE The application was reviewed by staff on the basis of the following information: Proposal: The purpose is to excavate and place fill within a Fill Regulated Area and construct within the Regional Storm Floodplain of the Rouge River in order to facilitate the retrofit an existing outfall from the Unionville Stormwater Management Pond B-3 located on the north side of Highway 7, east of Kennedy Road in the Town of Markham. In February 1999, the TRCA and the Town of Markham completed a Stormwater Retrofit Study, which has been used to support a long-term plan to improve stormwater quality and erosion controls within the Town. Based on this study, the Unionville SWM Pond B-3 was identified as requiring retrofitting. The proposed works include modifications to the existing outlet structure and channel. The outfall will not interfere with the low flow channel of the abutting watercourse. Control of Flooding: The proposed works are located within the Regional Storm Floodplain, but will not impact the storage or conveyance of flood waters. Pollution: A silt fence will be erected around the work site, and a temporary silt trap will be installed in order to contain all construction-generated sediment. 117

11 Conservation of Land: There are no geotechnical/slope stability issues or fisheries resources concerns related to this proposal. All disturbed areas are to be restored. Plantings All disturbed areas are to be restored to existing condition. Policy Guidelines: This proposal is consistent with Section Infrastructure and Servicing - of the Authority's Valley and Stream Corridor Management Program. CFN: Application #: 068/05/MARK Report Prepared by: Carla Pierini, extension 5314 For information contact: Russel White, extension 5306 Date: March 3,

12 TO: FROM: Chair and Members of the Executive Committee Meeting #3/05, May 6, 2005 Carolyn Woodland, Director, Development Services RE: TOP OF RIDGE AND TOWN OF CALEDON Ontario Municipal Board Hearing KEY ISSUE Authorization for party status before the Ontario Municipal Board on referrals related to a zoning amendment and site plan application to permit the development of approximately thirty-two (32) townhouse dwellings on the subject property. RECOMMENDATION THAT authorization be given to Toronto and Region Conservation Authority (TRCA) staff to obtain party status before the Ontario Municipal Board (OMB) regarding proposed modifications to the current site plan previously approved by the OMB that are not in conformity with the Valley and Stream Corridor Management Program; THAT staff continue to work cooperatively with our municipal partners and appellants to ensure that the requirements of the Valley and Stream Corridor Management Program are met; THAT staff be authorized to retain legal counsel to pursue this appeal before the Ontario Municipal Board; AND FURTHER THAT the Ontario Municipal Board and all parties and participants to the hearing be so advised. BACKGROUND The subject property is approximately 4.1 hectares (10.2 acres) in size and is located adjacent to the southwest quadrant of the King Street/Queen Street intersection, more specifically southeast of the King Street/Station Road intersection (accessed by way of Rolling Hills Lane), in the Village of Bolton, Town of Caledon. The property is comprised of a significant valley feature (3.9 hectares) associated with the Main Branch of the Humber River and a tableland area (1.2 hectares). The valleylands are zoned Open Space and the tableland portion of the property is zoned townhouse residential. The majority of the property is located within the TRCA Fill Regulated Area. The OMB previously ordered the approval of a zoning by-law amendment (Zoning By-law No ) and site plan (SPA 93/06) for a townhouse development on the subject property in In this regard, TRCA supported the proposed development applications and subsequently issued a TRCA fill permit (C ). As such, the TRCA was not a party to the 1996 OMB hearing(s) referred to above. 119

13 The current Planning Act application for the subject property is to amend the OMB approved site plan (SPA 93/06) in order to facilitate the redesign of the proposed development (reorient the location of townhouse units and landscaping). The applicant is requesting a reduction to the structural setback from the valleylands from approximately 5 metres to approximately 2 metres to facilitate the proposed revision(s). No buffer lands beyond top of bank are being proposed. Although TRCA staff have no geotechnical, floodplain and/or fisheries related concerns with the proposed revisions, it has been determined that the potential impacts of the setback reduction will have short and long term negative influences on the existing (and/or proposed) vegetation located along the slopes. RATIONALE The OMB hearing is scheduled for June 28, No pre-hearing is scheduled for this application. Upon discussions with the Town of Caledon legal staff, TRCA staff has been advised that it is in the best interest of the Town of Caledon and the TRCA to obtain separate council to represent our respective interests in these matters. The Town of Caledon staff has not yet rendered a decision on the subject application, however, it is TRCA staff's understanding that the town may also object to the approval of the noted revisions based on similar concerns as well as additional municipal planning related issues (i.e. lack of amenity space, landscaping and other infrastructure related matters). In support of the initial zoning by-law amendment and site plan applications, TRCA staff had previously reviewed and approved all associated supporting technical studies as required (i.e. geotechnical and slope stability analyses, environmental impact assessment and stormwater management report). TRCA did not object to the approval of the original site plan and subsequently issued a TRCA fill permit for the proposed development. Through the original approval of these applications a minimum setback of approximately 5 metres from the valleylands was established. It was deemed that the approved setback referred to above adequately addressed all outstanding geotechnical and/or ecology related concerns. As described, the tableland portion of the subject property is well defined and the valley slopes are well vegetated. The vegetation on the slopes is characterized by an intermediate hardwood forest (northern and southern portions of the property) and a succeeding shrubland/grassland complex (eastern portion of property). Further to additional investigation, TRCA staff feels that the proposed 2 metre setback will not provide an adequate buffer between the proposed development and the valleylands. TRCA staff feels that the proposed development will have both short and long term negative effects on the valleylands in this area such as the removal of significant vegetation, the loss of edge habitat, the potential for surface erosion on the adjacent slope, and the need for future maintenance to manage the forested slope edge (i.e. remove invasive species, hazard trees and control slope erosion). In order to ensure that the TRCA s interests in this matter are adequately represented, TRCA staff is requesting approval to seek party status at the upcoming OMB hearing. 120

14 DETAILS OF WORK TO BE DONE Staff is requesting the authorization to retain legal counsel to ensure that TRCA interests are protected and addressed at the OMB hearing. TRCA staff will continue to work with all parties and participants to the hearing to try to resolve the outstanding issues noted above prior to the OMB hearing. Report prepared by: Quentin Hanchard, extension 5324 For Information contact: Quentin Hanchard, extension 5324 Date: May 04, 2005 Attachments:1 121

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