1 1*1*1 Report. Countryside Drive for the purpose of widening Countryside Drive, Ann Pritchard, Manager of Realty Services, Buildings and Property

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1 brampton.cc BRAMPTON Flower City 1 1*1*1 Report City Council The Corporation of the City of Brampton Date: May 7, 2012 File: AR BRAMPTON CITY COUNCIL MAY DATE:. Subject: Expropriation of property interests in certain lands at 3347 Countryside Drive for the purpose of widening Countryside Drive, Ward 10 Contact: Ann Pritchard, Manager of Realty Services, Buildings and Property Management, Overview: At its meeting of March 30, 2011, City Council passed By-law to authorize the commencement of procedures to expropriate a permanent storm water drainage easement and certain lands and easements for the widening of Countryside Drive. All of the Notices required by the Expropriations Act have been sent to those persons with an interest in the lands and the owner served requested a Hearing of Necessity under section 6(2) of the Expropriations Act. A Hearing was conducted to respond to the request of the owner. The Inquiry Officer who conducted the hearing has delivered a report on the inquiry, which is attached for Council's consideration as Schedule "B" to this report. Notwithstanding the concerns raised by the owner, the Inquiry Officer concluded that the proposal meets the test in the Expropriations Act, and finds that the proposed taking by the City of Brampton is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority. Council is now in a position to enact a by-law to approve the expropriation of the lands for the owner who requested a Hearing of Necessity. Recommendations: 1. That the report from Ann Pritchard, Manager of Realty Services, Buildings and Property Management Department, dated May 7, 2012, to the Council meeting of May 23, 2012, entitled "Expropriation of property interests in certain lands at

2 7" 4^M 3347 Countryside Drive for the purpose of widening of Countryside Drive", be received; 2. That Council enact a by-law to approve the expropriation of the property listed in the attached Schedule "A" for the written reasons in the attached Schedule "C"; and 3. That the Mayor and City Clerk, or theirdelegated authority, as the case may be, be authorized to execute all documents, and the Mayorand the City Clerk be authorized to execute, serve and publish on behalf of The Corporation of the City of Brampton, all notices, applications, advertisements and other documents required by the Expropriations Act, RSO 1990, c.e.26, as amended, in order to effect the expropriation or acquisition of the said property rights, based on terms and conditions acceptable to the Commissioner of Works and Transportation, and in a form acceptable to the City Solicitor. Background: At its meetings of March 30, 2011, City Council considered reports authored by Bill Hedger, Senior Real Estate Coordinator, Buildings and Property Management, advising of plans to widen Countryside Drive to four lanes from Torbram Road to 500 meters east of Goreway Drive. As part of the road widening, it was identified that an existing permanent storm water management easement on the Frizza property at 3347 Countryside Drive needed to be widened to complywith the current 100 year storm regulations. By its enactment of By-law , Council authorized staff to initiate expropriation procedures. The notices required by the Expropriations Act were served on the owner and all those persons with an interest in the properties and an advertisement was placed in the Brampton Guardian for three consecutive weeks. The City received a request for a Hearing of Necessity from Mr. and Mrs. Frizza within the time limit prescribed by the Expropriations Act. The Hearing was held on April 17, At the Hearing, the Citywas represented by its legal counsel, Stephen Waque, of Borden Ladner Gervais LLP. The City called one witness, Mr. Harold McColm of the City's consultant, R.V. Anderson Associates. After hearing the evidence called by the City and the submissions made by the landowner's son, the InquiryOfficer found that the proposed taking by the City is fair, sound and reasonably necessary in the achievement of the City's objectives of widening the existing permanent storm drainage easement in connection with the widening of Countryside Drive. The Inquiry Officer found that the landowner had legitimate interests, but that in balancing the landowner's desire to retain their parcel intact with the public

3 / ^ / interest in having adequate and safe transportation, the private interest should be subordinate to the public interest. Accordingly, Council is now in a position to enact a by-law to approve the expropriation of property interests in the required lands set out in Schedule "A". Current Situation: The owner of 3347 Countryside Drive requested a Hearing of Necessity. The Hearing was held and the Inquiry Officer issued a report favourable to the City's expropriation of property rights from the subject property. The Inquiry Officer concluded that the proposed expropriation is fair, sound and reasonably necessary, which conclusion is contained in a written report dated May 2, 2012 attached to this report as Schedule "B". City Council has received and reviewed the said report of the Inquiry Officer. The City of Brampton had been unable to reach a consensual agreement with the owner of the Land to convey the necessary interests required to meet the objectives of the City. This report seeks Council's approval to proceed with the expropriation of the permanent storm water drainage easement rights from 3347 Countryside Drive. Corporate Implications: Works and Transportation is in agreement with obtaining approval to expropriate the property interests listed in Schedule "A". Corporate Services - Legal Services is in agreement with this report Finance previously advised in the staff report to City Council on March 30, 2011 that funding required for the negotiated or expropriated acquisition for the Countryside Drive widening project is to be provided from Works and Transportation Approved Capital Project - Land Acquisitions. Conclusion: Approval to expropriate from the owner of 3347 Countryside Drive is recommended. Original Signed By Original Signed By AnnPritchard Manager, Realty Services Buildings and Property Management Commissionei Buildings and roperty Management

4 .^ TPr Appendices: Schedule A - Summary of property interests to be expropriated in connection with the Countryside Drive Road Widening Project from Torbram Road to 500 meters east of Goreway Drive Schedule B - Inquiry Officer's Report Schedule C - Reasons for the Decision to Approve the Expropriation Report authored by: Bill Hedger, Sr. Real Estate Coordinator,

5 11*1'*' SCHEDULE "A" Summary of property interests to be expropriated In connection with the Countryside Drive road widening project From Torbram Road to 500 meters east of Goreway Drive Property Owner Property Description Property Rights Part(s) and Home and Mailing (Address/Location, PIN, Required Reference Plan Address Legal Description) Number Renato Frizza and 3347 Countryside Drive Perm. Storm Parts 3 & 4 Elizabetta Frizza Water 43R Countryside Drainage Drive Brampton, ON L6P 0T6 Lot 15, PlanM-90 Easement

6 Schedule *b {n// /n^u^y 0 fice.pk Re.potf H+L Law Offices of DAVID R. VINE, Q. C. Tel: (416) Fax:(416) drvine@on.aibn.com 80 RICHMOND STREET WEST Suite 1604 TORONTO, ONTARIO, M5H2A4 hw X, 2012 BY REGULAR MAIL Stephen Waque % Borden Ladner Gervais LLP Scotia Plaza, 40 King Street West Toronto ON M5H 3Y4 Dear Mr. Waque: Re: Hearing of Necessity City ofbrampton - Countryside Drive Expropriation Partof PIN (LT); PartofParcel 15-1, Section M90 being Part of Lot 15 Plan M90 Owner: Renato Frizza and Elisabetta Frizza Enclosed, please find Report for the above captioned Hearing of Necessity. I understand that you will arrange to serve the property owners, Renato and Elisabetta Frizza. Should you have any question or comment, Iwould be pleased to assist in moving this matter forward. Yours very truly, David R. Vine DRVira End.

7 7 7-/'"/ INQUIRY HEARING APPLICATION by The City of Brampton for approval to expropriate land being composed of Part of PIN (LT); Part of Parcel 15 1, Section M90, being Part of Lot 15 Plan M90, designated as Parts 3 and 4 on Reference Plan No. 43R in the City of Brampton in connection with the widening and improvement ofcountryside Drive from Torbram Road to 500 meters east of Goreway Drive in the City of Brampton for the purpose of entering on and occupying the land with all necessary vehicles, machinery, workmen, equipment, and other material required to grade and facilitate the construction, enlargement, reconstruction, maintenance, repair, replacement, operation and improvement of the existing drainage and storm water management system and works ancillary thereto in accordance with the requirements under the Expropriations Act THE ONTARIO COURT OF JUSTICE COURT ROOM NO. B6 PROVINCIAL OFFENCES OFFICE 5 RAY LAWSON BOULEVARD BRAMPTON, ONTARIO, L6Y 5L8 17*APRIL,2012, at 10:00 a.m.

8 xi+y IN THE MATTER OF THE EXPROPRIATIONS ACT AND INTHE MATTER OF a hearing ofnecessity requested by the Corporation ofthe City of Brampton to expropriate a permanent easement interest in the lands described as being Part of PIN (LT); Part of Parcel 15-1, Section M90, being Part of Lot 15 Plan M90, designated asparts 3and 4 on Reference Plan No. 43R inthe City ofbrampton TUESDAY, APRIL 17,2012 AT THE HOUR OF 10 O'CLOCK IN THE FORENOON AT THE ONTARIO PROVINCIAL OFFENCES OFFICE, COURT ROOM NO. B6, 5 RAY LAWSON BOULEVARD, BRAMPTON, ONTARIO, L6Y 5L8. INQUffiY HEARING INQIHRY OFFICER: DAVTOR.VINEQ.C. 80 Richmond Street West Suite 1604 Toronto, Ontario M5H2A4 Representing the Corporation of the City of Brampton MR STEPHEN WAQUE % Borden Ladner Gervais LLP Scotia Plaza 40 King Street West Toronto ON M5H 3Y4 The Property Owners in Person RENATO FRIZZA ELISABETTA FRIZZA 3347 CountrysideDrive BramptonON L6P0T6

9 / j'l-f RECOMMENDATIONS After considering the evidence presented and the materials filed, I find that the permanent easement interest in the land described as being Part of PIN (LT); Part of Parcel 15-1, Section M90, being Part of Lot 15 Plan M90, designated as Parts 3 and 4 on Reference Plan No. 43R in the City of Brampton for the purpose ofproviding a 100-year storm runoff is fair, sound, and reasonably necessary in the achievement of the objectives of the expropriating authority. Exhibit 3to this inquiry has been submitted to indicate that subject tothe right of the owner to request of the expropriating authority a modification, including reduction in net area, if upon a future development application, the appropriate authority approve a watercourse alteration, including channelization, while still accommodating a 100-year storm. It is also agreed that the modification has been made to move the storm water management system in accordance with an agreement between the approving authority and the owners.

10 ri<h' PURPOSE The purpose ofthis Expropriation is to provide a necessary easement to provide a storm water facility inthe subject area asdescribed inthe material filed. PRELIMINARY FILINGS Mr. Waqu<5, on behalf ofthe expropriating authority, presented and had marked as Exhibit 1the affidavit of Reynaldo Velasco, setting out the steps taken by the municipality in order to bring this matter forward. This affidavit with its nine exhibits was served on allparties, andwasavailable forreview. The copy ofthe affidavit with exhibits attached was tendered and marked as Exhibit 1to these proceedings and is attachedto this,my report. The affidavit reviewed the Bylaw No passed on March 30,2011 by the Corporation of the City ofbrampton ("the City") confirmed the instructions to staffand ratified the action taken by staff to initiate the expropriation process to acquire the permanent easement interest in the lands herein described. In response to the notices published, the owners ofthe property notified the Municipality by letter dated December 21,2011,requesting a hearing which is convened fortoday. As a result of their request for hearing, the Chief Inquiry Officer appointed the Writer as the Inquiry Officer, and I, in turn, served acopy ofthe Notice ofhearing for today's date. On April 9,2012, the owners ofthe property and the Inquiry Officer were served with a Notice of Grounds, which was attached to the affidavit

11 r''/'/-" 5 APPROVAL OF PROCEEDINGS Mr. Waqu6, on behalfof the expropriating authority, asked that on the basis ofthe material filed asexhibit 1thattheproceedings be declared properly constituted andi so find. EVTOENCE OF T. HAROLD MCCOLM On behalf of the Municipality, Mr. Waqu6 introduced Mr. T. Harold McColm, who is a Civil Engineer graduating from the University ofwaterloo, and registered asa Professional Engineer in the Province of Ontario. The witness isa Senior Project Manager ofthe firm ofr. V. Anderson Associates Limited, with over 31 years of experience with transportation projects, including extensive experience in the Class PA Process. EXHIBIT 2 Counsel provided a Brief of Documents oft. Harold McColm, which was marked as Exhibit 2 to this application, which set forth at Tab 1 the extensive experience of the witness and at the request ofcounsel for the Municipality, he was declared tobe anexpert witness and able to give opinion evidence on the mattersat hand. EVTOENCE OF T. HAROLD MCCOLM Mr. McColm referred to Exhibit 2 at Tab 7, which is a "Stormwater Management Study" prepared concerning Ponds 3 & 4 of Valleygore Developments Inc., a Residential Subdivision located on the north side ofcountryside Drive. This report addresses stormwater management for Ponds 3 &4, located within the Highlands of Castlemore Executive Residential Community. The subject ponds, which will be constructed as part ofthe subdivision servicing for the Valleygore Developments Inc. Residential Subdivision, provides stormwater management forfoursubdivisions.

12 From this data, the total flow to be conveyed bythe easement was utilized to simulate the 100 r qj-'i In general, the paper discusses the minor system (storm sewers), which is designed for a10-year storm event and amajor system (overland flow). The combination ofthese systems is designed toaccommodate the 100-year return storm without flooding private properties. The report discusses in detail how the design is based on The City's minimum standard. Tab 8 of Exhibit 2 is a report by letter authored by the witness and directed to the City of Brampton, dated April 3, 2012, and deals with the specific problem of the Frizza Property Drainage Easement. As set out in that report, the City of Brampton is currently undertaking a road widening of Countryside Drive from approximately Torbram Road to Goreway Drive. This report outlines the method used to calculate the 100-year event using material taken from the report referred to astab 8of Exhibit 2, and calculating further from data taken from that report. The report went on to discuss the runoff, which was calculated using the "Rational Method," which was found to be a valid method fordetermining the 100-yearevent Thirdly, it was necessary to calculate the contributing flow from the Countryside Drive right of way. year event It was then possible to determine the 100-year flood lines by reviewing the cross-section showing anewly calculated 100-year event and transferring this information to scale onto aplan view ofdrawing. The report also indicates that at the request of the property owner, the proposed storm sewer outlet on the south side of Countryside Drive was shifted approximately 10 meters east, further away from his house.

13 tt'l-1* EXHIBIT 2. TAB 8. FIGURE 1 The witness then reviewed a large scale drawing of Figure 1, which is attached to the report referred to and illustrates theexisting watercourse asit crosses Countryside Drive and proceeds southerly with the watercourse itself shown in blue. Attached totab 8isadrawing illustrating the cross-section ofthecreek as shown, and indicating the boundaries of the existing boundaries, and shown in a broken line proposed 100-year easement required. Itis proposed that when Countryside Drive isimproved from 2 to 4 lanes with ditches, et cetera, the actual water flow will be less. Itisto be noted,that the proposed 100-year easement in fact does not appear totake into account the present meandering watercourse, which is under review. Submitted and entered at Tab 9 of Exhibit 2 is the plan for the drainage area well shown on the small plan provided, showing the existing drainage easement, the center line of the existing watercourse, the proposed 100-year flood line, and proposed 100-year easement concerning the Frizza property. Tab 11 of Exhibit 2 shows the present condition ofthe road, where hydro and water have already been moved back to permit the widening of the road, and also, the change and the nature of the 100-year storm provisions to clear the ditches. The photographs clearly illustrate the nature of the grounds in the area requested to be taken. At Tab 13, the witness submitted a report by the Toronto and Region Conservation Authority dated July 27,2010, discussing the improvement being sought for Countryside Drive widening going from two lanes toa four-lane urban cross-section with six lanes at major intersections and sidewalks on both sides ofthe road. Although given the opportunity to examine the witness, the landowners declined.

14 H'l'i** Mr. Waqu6 on behalf of the Expropriating Authority then reviewed the evidence given by the witness indicating thatthe municipality had agreed to move the outlet 10meters east, thateven now it was not following thepath as predicted, and that since lands being crossed aregrasslands, there was in fact no adverse effect on the "lawn," which was involved in the taking 40 feet was to be preferredto taking more. Mr. Waqu6 also introduced as Exhibit 3 the Certificate of Approval and ensured the Inquiry that this had been changed to "SUBJECT TO THE RIGHT OF THE OWNER TO REQUEST OF THE EXPROPRIATING AUTHORITY A MODIFICATION, INCLUDING REDUCTION IN THAT AREA IF UPON A FUTURE DEVELOPMENT APPLICATION, THE APPROPRIATE AUTHORITIES APPROVE A WATERCOURSE ALTERATION, INCLUDING CHANNELIZATION WHILE STILL ACCOMMODATING A 100 YEAR STORM." This addition to thecertificate of the Approval was consented to onbehalf ofthemayor and city clerk forthemunicipality, andwas approved forregistration purposes as proposed. EVIDENCE BY THE LANDOWNERS The landowners submitted, and it was marked as Exhibit 4, a number of photographs indicating the presentsituationon the ground. These photographs were marked asexhibits 4-1 to4-13, and show asfollows: Exhibit 4-1 shows a culvert outlet as shown in photographs 4-1, 4-2 and 4-3, showing the approximate size of the culvert. Exhibit4-5 showsthe bed ofthe stream, whichat this time of the year is, to all intents,dry. Exhibit 4-6 indicates a small amount ofwater in this watercourse. Exhibit4-7 is a furtherpictureofthe pipe crossing the road. Exhibit4-8 is the watercourseas it is a few days prior to this inquiry. Exhibit4-9 is the minimal amount ofwater actuallycontainedat the moment

15 j>/-^ Exhibit 4-10indicates the wateris approximately 10inches in width. Exhibit 4-11 isa further picture oftheculvert as itruns into theroad. Exhibit 4-12 is a picture of the storm water pond, which is a preliminary line of defence with regards to the 100-year storm, and at the moment, is shown inexhibit 4-13, including the area serviced by this pond. FINDINGS OF FACT FOR THIS INQUIRY I find as a fact that themunicipality is bound bythe Conservation Authority to take into account the "100-year storm" and therefore, without having a proposal before it, and simply dealing with adjacent lands, has asked for a permanent easement, as shown in the Certificate of Approval (Exhibit 3), being the only course open with no change or upgrade proposed by the landowner, nor change ofuse oflands herein. Areview ofexhibit 3 has given the owner the opportunity to make application to the approving authority to change the nature ofthe watercourse with approval inreviewing the entire project, which would be done at that time. ALL OF WHICH IS RESPECTFULLY SUBMITTED. DATED AT TORONTO THIS \0 DAY OF APRIL, 2012 cj)j^ David R Vine Q.C. Inquiry Officer

16 1 f\,\j<, SCHEDULE "C" Reasons for the Decision to Approve the Expropriation After considering the decision of InquiryOfficer David R. Vine dated May 2, 2012 from the inquiry relating to the proposed taking, the Council of the The Corporation of the City of Brampton agrees that the expropriation of property interests in the Inquiry Land set out in Schedule "A" is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority for the following reasons: 1. The property interests in lands to be taken are required for or in connection with the following objectives: (a) to widen existing drainage easement by deed No. LT89002 registered August 25, 1976; (b) to implement the approved Environmental Study Report prepared in November 2005 in respect of the project (the "ESR") and the study/report by R.V. Anderson Associates Limited, dated April 3, 2012; (c) to implement the 100 year flood regulations by the Toronto and Region Conservation Authority; (d) to implement Toronto and Region Conservation Authority regulations and recommendations; (e) to prevent flooding in the community and surrounding areas; (f) to promote flood control and erosion programs; (g) to maintain the natural flow direction of surface water run-off; (h) to protect public safety; (i) to comply with current engineering standards and regulations changes; (j) to implement the City's Official Plan and related Policies and the Provincial Growth Plan; (k) to address infrastructure requirements of the City in a planned and organized manner; 2. The required lands best achieve the above objectives, including minimizing and mitigating damage by way of injurious affection, business loss and disturbance damage. In that connection: (a) The existing drainage easement does not have sufficient capacity to accommodate 100 year flood plan by the Toronto and Region Conservation Authority; (b) Widening the existing drainage easement would avoid disturbance of the channel of the watercourse; (c) The existing 600mm culvert will be replaced by extending 955mm culvert by

17 1'4* /< // 1535mm sewer from stormwater management across Countryside Drive; (d) Relocation or piping of this watercourse are not options supported by Toronto and Region Conservation Authority as this feature has been identified as a watercourse and therefore fish habitat; (e) Diversion of the flow from this feature is also not supported by Toronto and Region Conservation Authorityas flow should stay within respective watercourse/tributaries to allow for continued supply to each feature; (f) The area of the proposed additional easement taking and the works necessary to construct outfall represent a minimal intrusion to the lands; (g) Improvements to City infrastructure, improved roadways and stormwater management system are needed to support municipal land use and development objectives.

18 I1d1r THE CORPORATION OF THE CITY OF BRAMPTON BY-LAW Sumber To approve the expropriation of property interests in certain lands at 3347 Countryside Drive for the purpose of widening of Countryside Drive WHEREAS the Council of The Corporation of the City of Brampton, atits meeting of March 30,2011, enacted By-law to authorize the expropriation of property interests in certain lands for the reconstruction of Countryside Drive from Torbram Road to 500 meters eastof Goreway Drive; AND WHEREAS notice of Council's intention to expropriate the said property interests in lands were served on all persons with an interest in the lands and in accordance with the provisions of the Expropriations Act. Rs O 1990 c.e26, as amended; AND WHEREAS a Hearing of Necessity was held onapril 17,2012 for the owner identified in Schedule "A" to this by-law. The Inquiry Officer's report found that the landowner has legitimate interests, but that in balancing the landowner's desire to retain their parcel intact with the public interest in having adequate and safe transportation, the private interest should be subordinate to the public interest. The Inquiry Officer concluded that the proposed expropriation isfair, sound and reasonably necessary, which conclusion iscontained in a written' report dated May 2,2012. AND WHEREAS Council has received and reviewed the said report ofthe InquiryOfficer. AND WHEREAS the City of Brampton has been unable to reach an agreement with the owner ofthe Lands to convey the necessary interests required to meet the objectives of the expropriating authority. NOW THEREFORE the Council of The Corporation ofthe City ofbrampton ENACTS ASFOLLOWS: P 1. That Council enact a by-law to approve the expropriation of property interests in the lands described inschedule "A" for the written reasons attached hereto as Schedule "B" to this by-law. 2. That the Mayor and City Clerk, or their delegated authority, as the case may be, be authorized to execute all documents, and the Mayor and the City Clerk be authorized to execute, serve and publish on behalf of The Corporation of the City of Brampton, all notices, applications, advertisements and other documents required by the Expropriations Act. R.S , c.e.26, as amended, in order to effect the expropriation or acquisition ofthe said property rights, based onterms and conditions acceptable to the Commissioner ofworks andtransportation, andin a form acceptableto the City Solicitor.

19 71-I'll READ a FIRST, SECOND and THIRD TIME and PASSED in Open Council this23rdday of May, Approved as to form Approved as to content BPMDept. SUSAN FENNELL MAYOR 11 MM'/I PETER FAY CLERK tfuyjy. /*

20 Tl'l'ft SCHEDULE"A" Summary of property interests to be expropriated In connection with the reconstruction of Countryside Drive from Torbram Road to 500 meters east of GorewayDrive Property Owner Home and Mailing Address Renato Frizza and Elizabetta Frizza 3347 Countryside Drive Brampton, ON L6P 0T6 Property Description Property Part(s) and (Address/Location, PIN, Rights Reference Legal Description) Required Plan Number 3347 Countryside Drive Perm. Storm Parts 3 & 4 Water 43R Drainage Easement Lot 15, PlanM-90

21 11'MI SCHEDULE"B" IN THE MATTER OF AN APPLICATION FOR APPROVAL TO EXPROPRIATE LAND BEING THE LANDS DESCRIBED IN SCHEDULE "A" TO THIS BYLAW Reasons for the Decision to Approve the Expropriation After considering the decision of Inquiry Officer David R. Vine dated May 2,2012 from the inquiry relating to the proposed taking, the Council ofthe The Corporation of the City of Brampton agrees that the expropriation of property interests in the Inquiry Land setout in Schedule "A" is fair, sound and reasonably necessary in theachievement ofthe objectives ofthe expropriating authority for the following reasons: 1. The property interests inlandsto be takenare required foror in connection with the following objectives: (a) towiden existing drainage easement by deed No. LT89002 registered August 25,1976; (b) to implement the approved Environmental StudyReport preparedin November 2005 in respect ofthe project (the"esr") and the study/report by R.V. Anderson Associates Limited, dated April 3,2012; (c) to implement the 100 year flood regulations by the Toronto and Region Conservation Authority; (d) to implement Toronto and Region Conservation Authority regulations and recommendations; (e)to prevent flooding in thecommunity and surrounding areas; (f) to promote flood control and erosion programs; (g) to maintain the naturalflow direction of surface water run-off; (h) to protect publicsafety; (i) tocomply with current engineering standards and regulations changes; 0) to implement the City's Official Plan and related Policies and the Provincial Growth Plan; (k) to address infrastructure requirements of the City ina planned and organized manner; 2.The required property interests in thelands bestachieve the above objectives, including minimizing and mitigating damage byway of injurious affection, business loss and disturbance damage. In that connection: (a) The existing drainage easement doesnot have sufficient capacity to accommodate 100yearflood plan bythe Toronto and Region Conservation Authority; (b) Widening the existing drainage easement would avoid disturbance of the channel of the watercourse; (c) The existing 600mm culvert will be replaced by extending 955mm culvert by 1535mm sewer from stormwater management across Countryside Drive; (d) Relocation orpiping of this watercourse are not options supported by Toronto and Region Conservation Authority as thisfeature has been identified as a watercourse and therefore fish habitat; (e) Diversion of the flow from this feature is also not supported by Toronto and Region Conservation Authority as flow should staywithin respective watercourse/tributaries to allow for continued supply to each feature; (f) Thearea ofthe proposed additional easement taking and the works necessary to construct outfall represent a minimal intrusion to the lands; (g) Improvements tocity infrastructure, improved roadways and stormwater management system are needed to support municipal land use and development objectives.