INDEX TO EXECUTIVE COMMITTEE MEETING #7/13. Friday, September 13, 2013

Transcription

1 INDEX TO EXECUTIVE COMMITTEE MEETING #7/13 Friday, September 13, 2013 MINUTES Minutes of Meeting #6/13, held on August 9, GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Rouge River Watershed Glen Rouge Homes (Boydwood) CFN GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Don River Watershed King Jane Developments Inc. CFN GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Mimico Creek Watershed Life Construction Inc. CFN CITY OF TORONTO Request for a Land Conveyance for Meadowvale Road Rouge River Watershed, City of Toronto CFN MIMICO WATERFRONT LINEAR PARK Appraisal Work CFN GEOTECHNICAL REVIEW OF SLOPE STABILITY Contract RSD13-116: For 5 Old Yonge Street West Don River (Ward 25), 139 Whitburn Crescent Black Creek (Ward 9) and 24 Bennington Heights Drive Mud Creek (Ward 26), City of Toronto 395 ONTARIO MUNICIPAL BOARD HEARING Harbour View Investments Limited, Town of Caledon, Region of Peel 398

2 ONTARIO MUNICIPAL BOARD HEARING Barntendale Development Limited, Town of Caledon, Region of Peel 401 ONTARIO MUNICIPAL BOARD HEARING Vaughan Official Plan, City of Vaughan, Region of York 404 CANADIAN TIRE WAREHOUSE DISTRIBUTION CENTRE, TOWN OF CALEDON, REGION OF PEEL 409 ONTARIO REGULATION 166/06 CITY OF TORONTO 420 CITY OF TORONTO 421 TOWN OF AJAX 421 MAIDENSTONE DEVELOPMENTS INC DOVE LANE MAIN STREET UNIONVILLE STATION LANE 423 SANDRINGHAM HOLDINGS 423 YORK DOWNS GOLF & COUNTRY CLUB DUNDAS HOLDINGS INC. 424 CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE CENTRE-SUD (CSDCCS) BEAUCOURT ROAD COE HILL DRIVE DUNCAN MILL ROAD SANDRINGHAM DRIVE 425 CEDAR BRAE GOLF AND COUNTRY CLUB EASTERN AVENUE TREELAWN BOULEVARD 426 SMARTCENTRES SADOT COURT NIGHTFALL COURT WILLIS ROAD CASTLEDERG SIDEROAD OLD CHURCH ROAD AUBREY AVENUE WALMER ROAD BERNARD AVENUE NOTTINGHAM DRIVE WILDERNESS TRAIL SHALOM STREET 430 TOWN OF WHITCHURCH-STOUFFVILLE ABBOTSFORD ROAD MANITOU DRIVE LYNWOOD CRESCENT 431 TOWNSHIP OF KING CRANBERRY LANE CAVERN COURT RIVERSIDE CRESCENT DACRE CRESCENT 433 DONALDA CLUB 433

3 ONTARIO REGULATION 166/06 15 SUNNYDENE CRESCENT GREEN VALLEY ROAD PLYMBRIDGE ROAD CAMPBELL CRESCENT FRANKLIN AVENUE REVCOE DRIVE MINTO STREET MINTO STREET BARBARA CRESCENT MINTO STREET MINTO STREET 437 BEAVERBROOK HOMES (KLEINBURG) INC. 438 BEAVERBROOK HOMES (KLEINBURG) INC PINE VALLEY CRESCENT 438 FIRST HUNGARIAN BAPTIST CHURCH HONEY LOCUST COURT 439 BOLTONWAY FORMING INC 439 AUTUMN GROVE BUILDERS LTD SOUTH ROAD 440 CITY OF MARKHAM 441 ENBRIDGE GAS DISTRIBUTION INC. 441 CITY OF TORONTO 441 CITY OF TORONTO 442 CITY OF TORONTO 442 ENBRIDGE GAS DISTRIBUTION INC. 442 ENBRIDGE GAS DISTRIBUTION INC. 443 ENBRIDGE GAS DISTRIBUTION INC. 443 POWERSTREAM INC. 443 REGIONAL MUNICIPALITY OF YORK 444 ENBRIDGE GAS DISTRIBUTION INC. 444 TOWN OF RICHMOND HILL 444 ENBRIDGE GAS DISTRIBUTION INC. 445 ENBRIDGE GAS DISTRIBUTION INC. 445 TOWNSHIP OF UXBRIDGE SOUTHCREST COURT RYCKMAN LANE SAINT HUBERT DRIVE MIDSUMMER DRIVE KENPARK AVENUE RICHLAND CRESCENT MAIN STREET UNIONVILLE BRONTE ROAD CEDARTREE CRESCENT BRULE GARDENS GROVETREE ROAD WARREN CRESCENT KING GEORGES DRIVE EDEN VALLEY DRIVE PARKCHESTER ROAD WESTBURY CRESCENT 450

4 ONTARIO REGULATION 166/06 70 GLENVIEW AVENUE WEST BLUE FOREST DRIVE THREE VALLEYS DRIVE SYLVAN AVENUE 451 TORONTO DISTRICT SCHOOL BOARD INGLEWOOD DRIVE 451 H. BAUR INVESTMENTS LTD ST. CLAIR AVENUE EAST ROSE PARK CRESCENT HAWMAN AVENUE JULIA VALENTINA AVENUE MEADOW RIDGE COURT SALAMANDER COURT SALAMANDER COURT CEDAR ALLAN PLACE MATSON DRIVE CENTREVILLE CREEK ROAD GENTLE FOX DRIVE TENTONE COURT JAMES RATCLIFF AVENUE BAYBERRY STREET 455 CITY OF TORONTO 456 METROLINX 456 ANGUS GLEN DEVELOPMENTS LTD. 457 TOWN OF CALEDON 457 TOWN OF RICHMOND HILL 457 BLACK CREEK CHANNEL DREDGING 458

5 MEETING OF THE EXECUTIVE COMMITTEE #7/13 September 13, 2013 The Executive Committee Meeting #7/13, was held in the Victoria Room, Black Creek Pioneer Village, on Friday, September 13, The Chair Gerri Lynn O'Connor, called the meeting to order at 9:33 a.m. PRESENT Maria Augimeri Ben Cachola Ronald Chopowick Michael Di Biase Jack Heath Colleen Jordan Gloria Lindsay Luby Mike Mattos Gerri Lynn O'Connor Richard Whitehead ABSENT Glenn De Baeremaeker Jim Tovey Vice Chair Member Member Member Member Member Member Member Chair Member Member Member RES.#B103/13 - Moved by: Seconded by: MINUTES Gloria Lindsay Luby Ronald Chopowick THAT the Minutes of Meeting #6/13, held on August 9, 2013, be approved. CARRIED 381

6 SECTION I - ITEMS FOR AUTHORITY ACTION RES.#B104/13 - GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Rouge River Watershed Glen Rouge Homes (Boydwood), CFN Purchase of property located at the rear of 33 Boydwood Lane, City of Toronto - Scarborough Community Council Area, under the "Greenlands Acquisition Project for ", Flood Plain and Conservation Component, Rouge River watershed. Moved by: Seconded by: Jack Heath Ben Cachola THE EXECUTIVE COMMITTEE RECOMMENDS THAT 1.45 hectares (3.59 acres), more or less, of vacant land being Part of Lot 2, Concession 2 and designated as Block 8 on a Draft Plan of Subdivision prepared by J. D. Barnes Ltd., Land Information Specialists, under their Reference No MP318, dated February 26, 2013, City of Toronto - Scarborough Community Council Area, located at the rear of 33 Boydwood Lane, be purchased from Glen Rouge Homes (Boydwood); THAT the purchase price be $2.00; THAT Toronto and Region Conservation Authority (TRCA) receive conveyance of the lands free from encumbrance, subject to existing service easements; THAT Gardiner Roberts LLP, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs, and disbursements are to be paid; AND FURTHER THAT authorized TRCA officials be directed to take the necessary action to finalize the transaction including obtaining needed approvals and signing and execution of documents. CARRIED BACKGROUND Resolution #A94/10 at Authority Meeting #5/10, held on June 25, 2010, approved the Greenlands Acquisition Project for Negotiations have been conducted with Mr. Jason Cheng, Project Manager, of Glen Rouge Homes. Access will be achieved through the adjoining TRCA-owned valleylands. Attached is a plan showing the location of the subject lands. 382

7 RATIONALE The subject property falls within TRCA's approved master plan for acquisition for the Rouge River watershed as outlined in the approved Greenlands Acquisition Project for Through the review of Subdivision Application ESC 44 SB for residential development, TRCA staff established the limits of the open space land (i.e. Block 8 on Draft Plan of Subdivision) which is located partially within the Regional Storm flood plain and Regulated Area of the Rouge River valley corridor at this location. TAXES AND MAINTENANCE It is proposed that the lands be turned over to the City of Toronto for management. FINANCIAL DETAILS Funds for the costs related to this purchase are available in the TRCA land acquisition capital account. Report prepared by: George Leja, extension s: gleja@trca.on.ca For Information contact: George Leja, extension 5342, Mike Fenning, extension s: gleja@trca.on.ca, mfenning@trca.on.ca Date: August 14, 2013 Attachments: 1 383

8 Attachment 1 384

9 RES.#B105/13 - GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Don River Watershed King Jane Developments Inc., CFN Purchase of property located south of Major Mackenzie Drive, east of Dufferin Street, City of Vaughan, Regional Municipality of York, under the "Greenlands Acquisition Project for ", Flood Plain and Conservation Component, Don River watershed. Moved by: Seconded by: Jack Heath Ben Cachola THE EXECUTIVE COMMITTEE RECOMMENDS THAT 5.28 hectares (13.06 acres), more or less, of vacant land being Part of Lot 20, Concession 2 and designated as Parts 3, 5, 6, 7, 8, 9 and 10 on a Draft Plan of Survey prepared by Rady-Pentek & Edward Surveying Ltd., under their Job No , dated June 17, 2013, City of Vaughan, Regional Municipality of York, located south of Major Mackenzie Drive, east of Dufferin Street, be purchased from King Jane Developments Inc.; THAT the purchase price be $2.00; THAT Toronto and Region Conservation Authority (TRCA) receive conveyance of the lands free from encumbrance, subject to existing service easements; THAT Gardiner Roberts LLP, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs, and disbursements are to be paid; AND FURTHER THAT authorized TRCA officials be directed to take the necessary action to finalize the transaction including obtaining needed approvals and signing and execution of documents. CARRIED BACKGROUND Resolution #A94/10 at Authority Meeting #5/10, held on June 25, 2010, approved the Greenlands Acquisition Project for Negotiations have been conducted with Mr. Randy Griffin of King Jane Developments Inc. Attached is a plan showing the location of the subject lands. RATIONALE The subject property falls within TRCA's approved master plan for acquisition for the Don River watershed as outlined in the approved Greenlands Acquisition Project for Through the review of Site Plan Application DA for row townhouse residential development, TRCA staff established the limits of the open space lands (i.e. Parts 3, 5, 6, 7, 8, 9 and 10 on Draft Plan of Survey) which are situated partially within the regulated area and Regional Storm Flood Plain of a headwater tributary of the East Don River at this location. 385

10 TAXES AND MAINTENANCE Based on TRCA's preliminary review of the environmental criteria for lands that are eligible to receive a property tax exemption under the provincial Conservation Land Tax Incentive Program, it would appear that all of the subject property would be eligible for exemption for the 2014 taxation year. The addition of the subject parcel of land will not significantly impact TRCA's maintenance costs at this location. FINANCIAL DETAILS Funds for the costs related to this purchase are available in the TRCA land acquisition capital account. Report prepared by: George Leja, extension s: gleja@trca.on.ca For Information contact: George Leja, extension 5342, Mike Fenning, extension s: gleja@trca.on.ca, mfenning@trca.on.ca Date: August 9, 2013 Attachments: 1 386

11 Attachment 1 387

12 RES.#B106/13 - GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Mimico Creek Watershed Life Construction Inc., CFN Acquisition of property located at 36 Park Lawn Road in the City of Toronto (formerly the City of Etobicoke), under the 'Greenlands Acquisition Project for ', Flood Plain and Conservation Component, Mimico Creek watershed. Moved by: Seconded by: Jack Heath Colleen Jordan THE EXECUTIVE COMMITTEE RECOMMENDS THAT hectares (0.366 acres), more or less, of vacant land, being Part of Lot 7, Registered Plan 83, and designated as Part 4 on Plan 65R-26543, City of Toronto (formerly the City of Etobicoke), be purchased from Life Construction Inc.; THAT the purchase price be $2.00; THAT Toronto and Region Conservation Authority (TRCA) receive conveyance of the land free from encumbrance, subject to existing service easements; THAT the firm of Gardiner Roberts LLP, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs, and disbursements are to be paid; AND FURTHER THAT authorized TRCA officials be directed to take the necessary action to finalize the transaction including obtaining needed approvals and signing and execution of documents. CARRIED BACKGROUND Resolution #A94/10 at Authority Meeting #5/10, held on June 25, 2010, approved the Greenlands Acquisition Project for As a condition of site plan application, Life Construction Inc. is to transfer the valleylands to TRCA for a nominal consideration of $2.00. Negotiations have been conducted with Tony Ma from Life Construction Inc. Attached is a plan showing the location of the subject lands. RATIONALE The subject property falls within TRCA s approved master plan for acquisition for the Mimico Creek watershed as outlined in the approved Greenlands Acquisition Project for Through the review of a site plan for a proposed residential development of this site, TRCA staff established the limits of the open space lands (i.e. Part 4 on Plan 65R-26543) which is comprised of the valleylands. TAXES AND MAINTENANCE It is proposed that the lands be turned over to the City of Toronto for management. 388

13 FINANCIAL DETAILS Funds for the costs related to this purchase are available in the TRCA land acquisition capital account. Report prepared by: Edlyn Wong, extension s: For Information contact: Edlyn Wong, extension 5711 or Mike Fenning, extension s: or Date: August 9, 2013 Attachments: 1 389

14 Attachment 1 390

15 RES.#B107/13 - Moved by: Seconded by: CITY OF TORONTO Request for a Land Conveyance for Meadowvale Road Rouge River Watershed, City of Toronto, CFN Receipt of a request from the City of Toronto for a conveyance of lands for Meadowvale Road. Gloria Lindsay Luby Ben Cachola THE EXECUTIVE COMMITTEE RECOMMENDS THAT WHEREAS Toronto and Region Conservation Authority (TRCA) is in receipt of a request from the City of Toronto to convey certain lands for Meadowvale Road, between Sheppard Avenue and Old Finch Avenue; AND WHEREAS it is the opinion of TRCA that it is in the best interest of TRCA in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to cooperate with the City of Toronto in this instance; THEREFORE LET IT BE RESOLVED THAT TRCA owned lands, containing 2.35 hectares (5.81 acres), more or less, being Part of Lots 4 and 5, Concession 3 and designated as Part 4 on Plan 66R and Parts 1-16 on Plan 66R-26701, City of Toronto, be conveyed to the City of Toronto for Meadowvale Road; THAT consideration is to be the nominal sum of $2.00; THAT the City of Toronto be responsible for all legal, survey and other costs related to the land conveyance; THAT the City of Toronto is to fully indemnify and save harmless TRCA from any and all claims for injuries, damages or loss of any nature resulting in any way either directly or indirectly from this sale; THAT said conveyance is subject to the approval of the Minister of Natural Resources in accordance with Section 21(2) of the Conservation Authorities Act, R.S.O. 1990, Chapter C.27 as amended; AND FURTHER THAT authorized TRCA officials be directed to take whatever action may be required to implement the conveyance agreement, including the obtaining of necessary approvals and the signing and execution of any documents. CARRIED 391

16 BACKGROUND The widening of Meadowvale Road was completed in 1974 to service the opening of the Toronto Zoo. At that time TRCA exchanged land with the then Municipality of Metropolitan Toronto (now City of Toronto) for the Meadowvale Road widening. The ramps in and out of the Toronto Zoo were not included in the land exchange with City of Toronto. However, the ramps were included in the licence agreement with the Toronto Zoo. With discussions underway for the transfer of land to Parks Canada for the Rouge National Urban Park, the City of Toronto is reviewing all of its infrastructure within the proposed national park boundaries to ensure they have protected the necessary property interests for operation and maintenance of this infrastructure. The City of Toronto has formerly requested the conveyance of 2.35 hectares (5.81 acres) of TRCA property to accommodate the existing ramps to the Toronto Zoo. The City of Toronto has no plans to widen Meadowvale Road. Rouge Park staff and Parks Canada staff are in agreement and have no concerns with the transfer of these lands to the City of Toronto. The subject lands form part of a larger acreage purchased by TRCA from Skigan Ltd. on December 28, 1962, Marian V. Laidlaw on May 25, 1970, Municipality of Metropolitan Toronto on October 4, 1983, and Glen-Rouge Parks Ltd. on January 26, 1968 and February 20, 1968 for Rouge River Flood Plain Lands Component of the Land Acquisition Project. RATIONALE The City of Toronto has conveyed lands to TRCA over the years for a nominal consideration of $2.00 and has requested that these lands be conveyed for the nominal consideration of $2.00. FINANCIAL DETAILS The City of Toronto has agreed to assume all legal, survey and other costs involved in completing this transaction. Report prepared by: Edlyn Wong, extension s: ewong@trca.on.ca For Information contact: Edlyn Wong, extension 5711, Mike Fenning, extension s: ewong@trca.on.ca and mfenning@trca.on.ca Date: August 16, 2013 Attachments: 1 392

17 Attachment 1 393

18 SECTION II - ITEMS FOR EXECUTIVE ACTION RES.#B108/13 - Moved by: Seconded by: MIMICO WATERFRONT LINEAR PARK Appraisal Work, CFN Award of contract for appraisal services relating to determination of compensation for lands expropriated from Vinen Atlantic S.A. for the Mimico Waterfront Linear Park. Colleen Jordan Ronald Chopowick THAT the contract for appraisal services relating to determination of compensation for lands expropriated from Vinen Atlantic S.A. for the Mimico Waterfront Linear Park be awarded to Integris Real Estate Counsellors at a total cost not to exceed $120,000.00, plus disbursements, plus HST. CARRIED BACKGROUND The Mimico Waterfront Linear Park project stretches from Humber Bay West Park in the east to Norris Crescent in the west along the Lake Ontario shoreline. It was necessary to acquire either land, water lots or riparian rights from 13 private properties in this area for the project to proceed. Agreements were reached with all but two owners which owned three properties. At Authority Meeting #10/09, held on January 8, 2010 under Resolution #A237/09, staff was directed to proceed with the expropriation of the remaining lands required for the Mimico Waterfront Linear Park and hire the firm of Chappell Partners LLP as legal counsel. One of the expropriations has been settled leaving the determination of compensation for the expropriation of the Vinen Atlantic S.A. properties to be finalized. RATIONALE This appraisal work will be managed by David Atlin for Integris Real Estate Counsellors. David Atlin prepared the appraisal reports which supported the two offers to the owner under Section 25 of the Expropriations Act. David Atlin is a very experienced real estate appraiser who has acted on several occasions on behalf of Toronto and Region Conservation Authority (TRCA) where it has been necessary to expropriate land. He is capable of providing opinion evidence with respect to complex real estate matters like TRCA s partial takings from the two Vinen properties. Mr. Atlin has had a great deal of experience appearing as an expert witness at hearings. Paul Henry of Chappell Partners LLP is recommending that TRCA continue to retain and use David Atlin to provide advise at the Board of Negotiation and before the Ontario Municipal Board relating to the Vinen expropriations. Therefore TRCA staff recommends awarding the contract on a preferred source basis as per Section of TRCA Purchasing Policy as follows: The required goods and services are to be supplied by a particular vendor or supplier having special knowledge, skills, expertise or experience that cannot be provided by any other supplier. 394

19 FINANCIAL DETAILS It is very difficult to determine precise costs for preparation and attendance at the Board of Negotiations and the Ontario Municipal Board, however, Integris Real Estate Counsellors have provided some general guidance as to their fees for this work based on past experience. Staff is of the opinion that Integris' fees represents good value for the work requested. Funds for this work are available in the Mimico Waterfront Linear Park budget, through the Eligible Recipient Agreement with the Toronto Waterfront Revitalization Corporation account Report prepared by: Mike Fenning, extension s: For Information contact: Mike Fenning, extension s: Date: August 27, 2013 RES.#B109/13 - Moved by: Seconded by: GEOTECHNICAL REVIEW OF SLOPE STABILITY Contract RSD13-116: For 5 Old Yonge Street West Don River (Ward 25), 139 Whitburn Crescent Black Creek (Ward 9) and 24 Bennington Heights Drive Mud Creek (Ward 26), City of Toronto. Award of contract for completion of detailed slope stability and erosion risk assessments of three properties identified as at critical risk following the July 8th storm event at three sites that experienced significant slope failures. Colleen Jordan Ronald Chopowick WHEREAS the significant rainfall event of July 8, 2013 caused very high flows and resulting erosion damages along a number of river systems, creating new sites where existing development and infrastructure is endangered, particularly within the City of Toronto; AND WHEREAS Terraprobe Inc. was requested by Toronto and Region Conservation Authority (TRCA) on an emergency basis to complete preliminary slope stability and erosion risk assessments of critical and high priority sites as documented in a final report by Terraprobe Inc. dated July 25, 2013; AND WHEREAS the preliminary assessment process identified three critical sites at 5 Old Yonge Street, 139 Whitburn Crescent and 24 Bennington Heights Drive in the City of Toronto as requiring detailed geotechnical investigations to confirm the full extent of risk; AND WHEREAS Terraprobe Inc. has provided professional, timely and cost-effective geotechnical services for TRCA for more than 25 years; 395

20 THEREFORE LET IT BE RESOLVED THAT the slope stability assessments for 5 Old Yonge Street, 139 Whitburn Crescent and 24 Bennington Heights Drive, City of Toronto, be awarded to Terraprobe Inc. at a total cost not to exceed $55, plus HST; THAT a contingency allowance of $6, plus HST be approved for the expansion of the proposed works, as authorized by staff; AND FURTHER THAT authorized TRCA officials be directed to take such actions as is necessary to implement the contract including the signing and execution of documents. CARRIED BACKGROUND In the early evening hours of July 8th, 2013, a severe thunderstorm activity rolled through the Toronto area, bringing large amounts of rainfall over the span of a few hours to the west end and downtown areas of the Toronto region. This intense (downpour of) precipitation not only resulted in extensive flooding of major roadways and transit infrastructure, but also caused significant damage to the river and valley systems, the park amenities found within them, the water infrastructure buried beneath them and many of the older neighbourhoods that border them. Beginning on the morning of July 9 th, 2013, TRCA staff began receiving s and telephone calls from private landowners, park users and City of Toronto staff about various types of damage sustained during the storm event. These calls ranged from reports of minor damage to asphalt park paths, to debris blockages, to landslides and backyards collapsing. Calls were vetted through senior Restoration Services staff and prioritized for inspection based on information at hand, then added to a storm damage inventory list in TRCA s existing erosion management database before inspectors were dispatched to complete preliminary site assessments. Staff was also preparing to inspect known areas of erosion currently ranking high in the current list of known sites. By the end of the first week of inspections on July 12 th, 2013, six properties were flagged as critical priority, 20 were flagged as high priority, 33 were flagged as medium priority, 66 as low priority and 16 sites with a priority of none, the latter being primarily recently completed TRCA erosion control sites where no appreciable damage was observed following the storm event. Senior TRCA staff subsequently inspected all sites flagged critical or high priority sites on Monday, July 15 th to confirm the preliminary priority ranking and review conditions first-hand to determine the appropriate course of action. Following these inspections staff recommended that these sites (26 in total) be assessed, at a preliminary level, by a third-party geotechnical engineer to provide a professional opinion on the potential cause(s) of the failure/instability and confirm TRCA's initial priority rankings for potential remedial action. 396

21 In light of the need to complete these assessments in a timely manner and Terraprobe's excellent service to TRCA over the past 25 years with geotechnical investigations, Terraprobe Inc. was retained as a preferred source on an emergency basis to complete the preliminary assessments of 26 properties, documenting their findings and recommendations in a final report dated July 25, In the report, three residential properties at 5 Old Yonge, 139 Whitburn Crescent and 24 Bennington Heights Drive were recommended to undergo a detailed geotechnical investigation, along with 24 others. TRCA has responded to this recommendation with a Request for Proposals from five experienced and reputable geotechnical engineering firms to complete the detailed studies, however given the high degree of risk to the three aforementioned properties, the detailed geotechnical investigations for these properties is being recommended to follow an expedited process with Terraprobe Inc. as the consulting engineer. RATIONALE TRCA has a long-standing Erosion Management Program funded by its municipal partners to monitor erosion and instability prone areas, and implement stabilization works on a priority basis to the limit of availability of funding each year. While the majority of funding is applied towards the maintenance of existing erosion control structures that protect the park systems and municipal infrastructure, this program is extended to private properties in extreme cases where homes have been deemed as at risk by erosion or instability. Since the homes at these three properties are potentially at imminent risk, the detailed geotechnical investigations for these properties are recommended to be completed immediately, therefore staff recommend award of the contract to Terraprobe Inc. on a preferred source basis as per Section of TRCA's Purchasing Policy as follows: The goods and services are required as a result of an emergency, which would not reasonably permit the use of the regular procurement methods. Through the completion of this contract, Terraprobe Inc. will complete detailed slope stability and erosion risk assessments for the three properties, with additional design work at 24 Bennington Heights Drive to address an undermined support column. The proposal by Terraprobe Inc. has been reviewed by senior staff, and it has been determined that the proposed work, schedule and pricing are fair and reasonable. FINANCIAL DETAILS The upset limit for this contract is $61, including the recommended contingency, plus HST. Funding for the completion of this contract is available through TRCA capital funding from the City of Toronto under account # Report prepared by: Matthew Johnston, s: mjohnston@trca.on.ca For Information contact: Moranne McDonnell, s: mmcdonnell@trca.on.ca Date: August 9,

22 RES.#B110/13 - Moved by: Seconded by: ONTARIO MUNICIPAL BOARD HEARING Harbour View Investments Limited, Town of Caledon, Region of Peel. Authorization to retain legal counsel at the Ontario Municipal Board on appeals to the Harbour View Investments Limited Zoning By-law Amendment and Draft Plan of Subdivision Application, in Palgrave, Town of Caledon. Colleen Jordan Ronald Chopowick THAT authorization be given to Toronto and Region Conservation Authority (TRCA) staff to retain legal counsel to protect TRCA's interests before the Ontario Municipal Board (OMB) regarding the Harbour View Investments Limited Zoning By-law Amendment and Draft Plan of Subdivision application, in Palgrave, Town of Caledon; 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 hearing be so advised. CARRIED BACKGROUND The subject property is located at the southeast quadrant of Mount Pleasant Road and Old Church Road in the Palgrave Estate Residential Community, and is legally described as Part of Lot 20, Concession 9 (Geographic Township of Albion) (Attachment 1). The proponent is proposing a 13-lot estate residential subdivision on a site approximately 19.5 ha (47.9 ac) in size and located in the rural residential area of Palgrave. Although the original application was submitted and received by the Town of Caledon prior to the enactment of the Oak Ridges Moraine Conservation Plan, 2001, (ORMCP), the current application is being reviewed to ensure conformity with the ORMCP policies and technical papers. The proposed Zoning By-law Amendment and Draft Plan of Subdivision applications to facilitate the estate residential subdivision have been appealed to the Ontario Municipal Board (OMB) by the applicant, because Council has not made a decision within the prescribed time period under the Planning Act. TRCA has been working with the Town and the proponent for several years to complete the technical field work and studies that are required in support of the proposed residential development in Palgrave. The west side of the subject property is traversed by a tributary of the Humber River, known as Cold Creek West. Historical unauthorized fill has altered the alignment of the Creek. Three Provincially Significant Wetlands (PSWs) that form part of the Mount Wolfe PSW Complex are also located on the site. These features are also Key Natural Heritage Features (KNHFs) and Hydrologically Sensitive Features (HSFs) under the ORMCP and the relevant Plan policies apply. Furthermore, the subject lands are designated both Natural Linkage Area and Palgrave Estates Residential Community, which is a component of the Countryside Area designation, under the ORMCP. A portion of the subject lands are located within the TRCA Regulated Area of the Humber River watershed and are subject to Ontario Regulation (O. Reg.) 166/06 (as amended), and the policies within TRCA s Valley and Stream Corridor Management Program (VSCMP). Permits from TRCA will be required for the proposed development. 398

23 RATIONALE A Pre-Hearing Conference meeting was held on July 8, TRCA staff attended and was granted party status. Several dates have been set by the OMB to scope issues and enter into mediation leading up to a two-week hearing starting March 17, TRCA staff is hopeful that the remaining technical issues such as feature-based and site water balance, restoration plans, stormwater management and natural channel design can be resolved through the scoping and mediation process. In addition, there are broader ORMCP policy conformity issues, for which TRCA staff will provide a supportive role to the Town of Caledon. For the time being, staff level involvement will be required during the scoping and mediation process until such time that staff identify a need to engage legal counsel. TRCA staff considers TRCA's involvement to be critical in this hearing to support the Town of Caledon policies related to the ORMCP, and to ensure the proposed development is consistent with the Provincial Policy Statement, 2005 (PPS) and TRCA's VSCMP policies. DETAILS OF WORK TO BE DONE Staff will continue to represent the interests of TRCA during the mediation and scoping process. 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 would continue to work with the parties and participants to the hearing in an attempt to resolve our issues, and to reduce legal fees to the greatest possible extent. Report prepared by: Leilani Lee-Yates, extension llee-yates@trca.on.ca For Information contact: Leilani Lee-Yates, extension llee-yates@trca.on.ca Date: August 23, 2013 Attachments: 1 399

24 Attachment 1 400

25 RES.#B111/13 - Moved by: Seconded by: ONTARIO MUNICIPAL BOARD HEARING Barntendale Development Limited, Town of Caledon, Region of Peel. Authorization to retain legal counsel at the Ontario Municipal Board on appeals to the Barntendale Developments Limited Consent Application in the Town of Caledon. Colleen Jordan Ronald Chopowick THAT authorization be given to Toronto and Region Conservation Authority (TRCA) staff to retain legal counsel to protect TRCA's interests before the Ontario Municipal Board (OMB) regarding the Barntendale Developments Limited Consent application in the Town of Caledon, Region of Peel; 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 hearing be so advised. CARRIED BACKGROUND The subject property is located east of Duffy's Lane and south of Reddington Drive in the Palgrave Estate Residential Community, and is legally described at Part of Lot 26 and 27, Concession 6 (Geographic Township of Albion) (Attachment 1). The purpose of the application is to request consent in order to create a new parcel approximately 1.26 ha (3.12 ac) within an existing plan of condominium to allow for the future development of six residential homes and retain a parcel to be developed into a fairway as part of the adjacent golf course. The application has been appealed to the Ontario Municipal Board (OMB) by the applicant, because they have issues with the conditions of approval. The subject property is located on the Oak Ridges Moraine and is subject to the Oak Ridges Moraine Conservation Plan (ORMCP). The lands are designated Natural Core under the ORMCP, and contain a woodland feature. The lands on which the fairway is proposed is partially within the TRCA Regulated Area of the Humber River watershed and are subject to Ontario Regulation (O. Reg.) 166/06 (as amended), and the policies within TRCA s Valley and Stream Corridor Management Program (VSCMP). A permit from TRCA will be required for the proposed golf fairway development. RATIONALE The Official Plan and Zoning By-law amendments to implement the plan of condominium were approved by the Ontario Municipal Board in The subject lands fall within the OMB-approved land use designation and zoning. TRCA staff recommended deferral of the Consent application to ensure the proposed severance boundary was in conformity with the ORMCP and the Town of Caledon Official Plan and Zoning By-law. The Town of Caledon Committee of Adjustment conditionally approved the Consent application on April 3, 2013, and included conditions in an effort to resolve TRCA's concerns. It is the understanding of staff that the applicant appealed the Committee's decision, because they have issues with the conditions. 401

26 The Town of Caledon is pursuing a mediation process to try and resolve the issues rather than going straight to a full hearing. TRCA staff wish to participate in the mediation process as technical advisors to the Town of Caledon. For the time being, staff level involvement will be required during the scoping and mediation process until such time that staff identify a need to engage legal counsel. TRCA staff consider TRCA's involvement to be critical in this hearing to support the Town of Caledon policies related to the ORMCP, and to ensure the proposed development is consistent with the Provincial Policy Statement, 2005 (PPS) and TRCA's VSCMP policies. DETAILS OF WORK TO BE DONE Staff will continue to represent the interests of TRCA during the mediation and scoping process. 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 would continue to work with the parties and participants to the hearing in an attempt to resolve our issues, and to reduce legal fees to the greatest possible extent. 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: August 23, 2013 Attachments: 1 402

27 Attachment 1 403

28 RES.#B112/13 - Moved by: Seconded by: ONTARIO MUNICIPAL BOARD HEARING Vaughan Official Plan, City of Vaughan, Region of York. Authorization for continued party status before the Ontario Municipal Board respecting appeals that negatively impact TRCA Regulation and delegated interests respecting the adopted and modified City of Vaughan Official Plan Colleen Jordan Ronald Chopowick THAT Toronto and Region Conservation Authority (TRCA) staff be directed to maintain party status before the Ontario Municipal Board (OMB) and continue to appear on behalf of TRCA for all appeals that affect TRCA s interests; THAT staff be directed to continue to work cooperatively with TRCA s municipal partners and the various appellants and parties to ensure that the requirements of the Valley and Stream Corridor Management Program (VSCMP) and Provincial Policy Statement are maintained; THAT staff be authorized to retain legal counsel as required to pursue the various appeals before the OMB; AND FURTHER THAT the OMB and all parties continue to be advised that TRCA has outstanding issues and interests related to the appeals before the OMB. CARRIED BACKGROUND The Vaughan Official Plan 2010 (VOP 2010) was adopted on September 7, 2010, and was subsequently forwarded to the Region of York for approval. It was then appealed to the OMB for a lack of decision within the Planning Act prescribed timeframe of 180 days. TRCA staff was involved throughout the development of the Plan. Attending Technical Steering Committee meetings and providing technical expertise and background information to develop and support the natural heritage and hazard policies, the Natural Heritage Network and the Woodbridge Special Policy Area. Attachment 1 provides a brief summary of the content of the Official Plan. Subsequently and prior to the adoption of the final modifications (September 27, 2011, and April 17, 2012), discussions took place with TRCA and City staff on matters that remained outstanding. Appropriate modifications were included within the Plan endorsed by the Region for OMB approval on June 28, The OMB process began with the first pre-hearing conference in November Since then four additional hearings and two mediation sessions have been held. At the last pre-hearing conference on July 23, 2013, 122 appeals had been recognized by the OMB, and since then the number of appeal requests has increased to 132. Attachment 2 is a map showing the location of the appellant sites. The purpose of the process to date has been to recognize parties and status and to scope and organize the appeals and settle matters where possible. 404

29 TRCA staff has been working with the City on the scoping exercise. This is continuous and on-going as appellants define their concerns more specifically. To date, seven appeals have been resolved with the City and the OMB has approved the North Kleinberg-Nashville Secondary Plan and those parts of the Plan that have been determined not be subject to appeal. TRCA Interests Of the 122 appeals confirmed by the OMB, TRCA presently has an interest in about 64, however, as mentioned previously, this number does vary as the process evolves. Three of the appeals within which TRCA has an interest have been resolved. Generally speaking, the appeals of interest to TRCA can be summarized as pertaining to the following issues: Implementation of the Black Creek Renewal Environmental Assessment within the Vaughan Metropolitan Centre Secondary Plan and maintenance of other features and functions within the secondary plan area. Sixteen appeals relate to this area. Implementation of the Woodbridge Special Policy Area within the Woodbridge Centre Secondary Plan. Eight appeals relate to this area. Protection of features and functions within the West Vaughan Employment Area Secondary Plan. Four appeals relate to this area which are presently subject to mediation. Site specific protection of features and regulated areas the majority of these sites are familiar to staff as the development proposals have been considered in the past. The staff role will be to monitor these appeals through the OMB process to ensure negotiated or established development limits and buffers are maintained. Thirty-five appeals can be generally characterized this way. Designation of the Block 40 North and Block 47 lands, including consideration of the following specific issues: adequate buffering of features, geotechnical setbacks, impacts on provincially significant wetlands, wildlife habitat and woodlands, and designation of the peninsula lands for development. This is one appeal by a landowners group. The status of the remaining 10 recent appeals has yet to be confirmed by the OMB and reviewed by TRCA. DETAILS OF WORK TO BE DONE Staff will continue to represent the interests of TRCA during the mediation and scoping process. Should the need arise, TRCA is requesting authorization of the Executive Committee to retain legal counsel to ensure TRCA s interests, as identified above, are protected and addressed. It is anticipated that legal counsel will be retained for the Vaughan Metropolitan Centre and other appeals that are complicated and promote conservation principles. TRCA staff and retained legal counsel would continue to work with the City, 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: June Little, extension jlittle@trca.on.ca For Information contact: June Little, extension 5756 Date: September 04, 2013 Attachments: 2 405

30 Attachment 1 Brief Summary of the Content of the Vaughan Official Plan 2010 Region of York, June 28, 2012, with TRCA edits The Vaughan Official Plan, as modified, is a planning policy document to direct growth to The Plan will accommodate 167,300 new residents and 103,900 new jobs and it is consistent with the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, the Green Belt Plan, the Oak Ridges Moraine Conservation Plan and the Regional Official Plan (2010). It is innovative and progressive, and has proceeded through a thorough public consultative process, and represents good planning. TRCA Staff were involved as the Plan was developed and support the document as adopted and modified. These goals will ensure the City of Vaughan protects the stability of existing communities while directing well designed, context sensitive growth. The Plan also contains policies that will protect and enhance the natural areas. In addition to housing its residents, the Plan recognizes the importance of advancing the economic wellbeing of the city. The downtown area of the City, the Vaughan Metropolitan Centre, will be the primary focus of civic activities, business, shopping, entertainment, and living. The Plan also encourages alternative modes of transportation and strives to reduce auto dependency. Another important goal is to ensure growth contributes to beautifying the City through design excellence and creating memorable places. A central theme, that is present throughout the Plan, is Vaughan s greening strategy and sustainability efforts. As Vaughan matures toward the Plan s planning horizon of 2031, an important goal of appropriately scaled and located intensification efforts will be paramount. Vaughan s Council and staff are to be commended on creating a forward thinking and innovative Plan that will ensure Vaughan s prosperity, as a great place to live. The Vaughan Official Plan, Volume 2, contains site specific policies carried forward from the former Official Plan and also contains five new Secondary Plans: The Vaughan Metropolitan Centre Secondary Plan applies to Vaughan s downtown area, envisioned to be the City s most intensive and diverse area of the municipality, and where the Spadina Subway extension from the City of Toronto will terminate. The Yonge Steeles Corridor Secondary Plan applies to the Vaughan side of the two arterial roads. The area is planned to be a significant node, pending approval of the Yonge Subway extension. The Woodbridge Centre Secondary Plan centres on Islington Avenue, mainly north of Highway 7. This secondary plan provides more detailed updated polices to ensure conformity with provincial, Regional, City, and TRCA policies, particularly policies dealing with appropriate intensification, urban design, transportation, sustainable development measures, and the natural environment. The updated Secondary Plan policies within the flood-prone areas known as Special Policy Areas will require approval by the Minister of Municipal Affairs and Housing, and the Minister of Natural Resources. 406

31 The North Kleinburg-Nashville Secondary Plan applies to three smaller areas within the planning area of the Kleinburg-Nashville community. The policies of this secondary plan will ensure that these new areas will integrate into the existing community, while conforming to the newer policy directions from the province, the Region, and the City. The West Vaughan Employment Area Secondary Plan applies to a large area generally located west of Highway 27 and south of Nashville Road. This secondary plan sets out economic development policies for the employment area. These secondary plans contain more detailed area specific policies that advance the principles of sustainable growth management. 407

32 Attachment 2 - Map of Appellant Sites 408

33 SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD RES.#B113/13 - Moved by: Seconded by: CANADIAN TIRE WAREHOUSE DISTRIBUTION CENTRE, TOWN OF CALEDON, REGION OF PEEL Report back to the Executive Committee regarding the final permit approvals to facilitate the new Canadian Tire Warehouse Distribution Centre in the Town of Caledon. Richard Whitehead Jack Heath THAT the staff report on Canadian Tire Warehouse Distribution Centre, Town of Caledon, Region of Peel, be received as an information update as requested at the June 21, 2013, Authority meeting. CARRIED BACKGROUND On June 21, 2013, Toronto and Region Conservation Authority (TRCA) staff brought forward a report related to a proposed Canadian Tire Warehouse Distribution Centre in the Town of Caledon. As this is an important project for the Town of Caledon, the Chief Administrative Officer of the Town requested that TRCA consider expediting the approval of the required permits to facilitate the development, once the necessary planning approvals (i.e. Zoning) was granted for the Canadian Tire Warehouse Distribution Centre. The report to the Authority requested that approval authority for the requisite TRCA permits be delegated to the TRCA Chair and Chief Executive Officer (CEO) to provide for the flexibility to meet the Town's timelines. The Authority approved the delegation of authority to the Chair and CEO on June 21, 2013 through Resolution #A104/13. Authority Members also requested at that time that staff report back on the progress of the approvals for this project. The subject property is located within the northwest quadrant of Coleraine Drive and Healey Road to the southwest of Bolton, is legally described as Part of Lots 5, 6 and 7, Concession 5 (Geographic Township of Albion), and municipally known as 13074, 13218, 13226, 13240, and Coleraine Drive (Attachment 1). Two headwater tributaries of the Clarkway Tributary within the Humber River watershed traverse the subject property on the east and west, merge at the south of the property at Healey Road and continues south past Mayfield Road. These watercourses have associated floodplain and drain to the main Humber River branch in the City of Brampton. As such, a portion of the subject lands are regulated by TRCA under Ontario Regulation (O. Reg.) 166/06, as amended, and are subject to the policies within TRCA s Valley and Stream Corridor Management Program (VSCMP). Canadian Tire is building a large nation-wide commercial distribution centre on a site with an area of approximately 73.1 ha (180.7 ac). The warehouse distribution centre (including an approximately 5,203 m 2 (56,000 ft 2 ) two-storey office component) along with associated buildings and uses has a total gross floor area of approximately 132,201 m 2 (1,423,000 ft 2 ). 409

34 RATIONALE The subject lands are not currently designated as settlement area in either the Region of Peel Official Plan or the Town of Caledon Official Plan. However, the Town has undertaken the required Municipal Comprehensive Review, which included the completion of the Comprehensive Environmental Impact Study and Management Plan to the satisfaction of TRCA, and the Town initiated a Regional Official Plan Amendment (ROPA) application that would designate the subject lands as settlement area. It is the position of the Town of Caledon staff that the proposed Canadian Tire Warehouse Distribution Centre is an important economic opportunity. Canadian Tire has selected the subject site partially because it provides for an efficient use of transportation systems. It is forecasted that the proposed development will provide Full-time Equivalent (FTE) employment of approximately 1,220 employees based on a Fiscal Impact Assessment. The ROPA to designate the subject lands, as well as the surrounding lands within the employment lands expansion area, was appealed to the Ontario Municipal Board (OMB), and is still before the OMB. The approval of this amendment, as well as associated amendments to the Town's Official Plan would have been required prior to the Town being in a position to approve the required site-specific planning approvals for the development of the proposed Canadian Tire facility on this site. Due to the importance of this project to the Town of Caledon, a Minister's Zoning Order - which would allow for development on this site to proceed in advance of the higher level planning approvals, was considered for this site. The timing of the Minister's Zoning Order, if it would be issued, was unknown at that time, and the request for the delegation of authority for the issuance of TRCA permits was to allow for the issuance of the requisite TRCA permits to be expedited, should the Order be issued. DETAILS OF WORK COMPLETED On July 18, 2013, the Minister of Municipal Affairs and Housing passed a Minister's Zoning Order (MZO) through Ontario Regulation (O. Reg) 210/13 to facilitate the development of the warehouse distribution centre outside of the designated settlement area. A copy of O. Reg. 210/13 is available in Attachment 2. The MZO identifies a Prestige Industrial Area, Service Industrial Area, Stormwater Management Facility Area and Environmental Protection Area (i.e. for the realigned natural channels and associated buffers). The Town of Caledon approved the Site Plan application and TRCA approved and issued permits on July 18, The TRCA permits facilitate topsoil stripping, the natural channel realignment and the construction of the stormwater management pond. Works have begun on the subject lands. The Town of Caledon and Canadian Tire have recognized the efforts of TRCA staff to work collaboratively throughout the planning and permit process to bring the project to fruition. 410

35 The proponent has committed to a long-term monitoring program (i.e. 10 years) for the realigned tributaries, and the Town of Caledon is holding securities for the works and monitoring. Furthermore, the consultant team worked closely with TRCA staff to design a Regional Storm stormwater management control facility for the subject site, which includes a conventional stormwater management pond in conjunction with parking lot and rooftop storage. The approach to stormwater management for the site has achieved the required Regional Storm control while providing sufficient developable surface area for the proposed distribution centre. Low Impact Development (LID) measures are also proposed for water quality management and on-site water retention, which contributes to the treatment train approach for the site. Over the past couple of years, TRCA and Town of Caledon staff have been negotiating with the proponent the implementation of LID measures to improve the sustainable design of the site. In addition to the parking lot and rooftop surface water storage, successes include permeable pavers within the employee parking lot, underground infiltration, and the re-use of rooftop water for washing trucks and landscape irrigation. Although a greenroof would have been ideal for this type of large industrial warehouse building, it was not feasible because of the need to maximize the water storage to meet the stormwater management and water balance targets. Furthermore, in accordance with the direction from the Authority Members at the June 21, 2013 meeting, TRCA staff has worked with staff from the Town, the proponent and their consultant team to maximize the amount of plantings within the natural channel and stormwater management blocks. The plantings meet the TRCA guidelines for post-construction restoration plantings, and staff was successful in gaining additional plantings elsewhere within the site. Report prepared by: Leilani Lee-Yates, extension 5370 For Information contact: Leilani Lee-Yates, extension s: llee-yates@trca.on.ca Date: August 23, 2013 Attachments: 2 411

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