INDEX TO EXECUTIVE COMMITTEE MEETING #1/11. Friday, February 4, 2011

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1 INDEX TO EXECUTIVE COMMITTEE MEETING #1/11 Friday, February 4, 2011 MINUTES Minutes of Meeting #11/10, held on January 14, PRESENTATIONS 2 HEARING REPORT Application #0846/10/TOR to construct, reconstruct, erect or place a building or structure within a Regulated Area of the Humber River watershed Maria and Louis Louro Jr., 100 Old Mill Road, City of Toronto 2 GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Duffins Creek Watershed Chieftan Development Corporation 12 GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Petticoat Creek Watershed Ontario Realty Corporation 15 SOURCE PROTECTION PLANNING ONTARIO INC. (HARTMAN HEIGHTS) Ontario Municipal Board Hearing 23 ONTARIO REGULATION 166/06 1 Governors Road Chine Drive Melrose Avenue Moray Avenue Brooke Street Ridgewood Road Ontario Ltd Ontario Limited (Fandor Homes) Lakeland Crescent & 26 Temperance Street Glencrest Boulevard 44

2 ONTARIO REGULATION 166/06 Cont'd 250 Riverside Drive Grenadier Heights Alamosa Drive East Drive 30 3 Appleby Court Fallingbrook Crescent Hi Mount Drive Lake Promenade Van Dusen Boulevard David Street Cornelius Parkway 30 7 Bridgeview Road 42 8 Ivor Road 38 Conundrum Commercial Management Corp. 27 Durham, Regional Municipality of 41 Eldin Homes Limited 33, 34 Enbridge Gas Distribution Inc. 37 Franline Investments Limited 33 Markham, Town of 35 Moscorp Vii Development Inc. 44 Peel Plastic Products Limited 27 Peel, Regional Municipality of 42 The Donalda Club 31 The Granite Club 31 Toronto, City of 31 York, Regional Municipality of 28, 29, 34

3 MEETING OF THE EXECUTIVE COMMITTEE #1/11 February 4, 2011 The Executive Committee Meeting #1/11, was held in the Victoria Room, Black Creek Pioneer Village, on Friday, February 4, The Chair Gerri Lynn O'Connor, called the meeting to order at 9:40 a.m. PRESENT Maria Augimeri Bryan Bertie Gay Cowbourne Vincent Crisanti Glenn De Baeremaeker Michael Di Biase Jack Heath Colleen Jordan Gerri Lynn O'Connor Anthony Perruzza Jim Tovey Richard Whitehead Vice Chair Member Member Member Member Member Member Member Chair Member Member Member RES.#B1/11 - Moved by: Seconded by: MINUTES Gay Cowbourne Richard Whitehead THAT the Minutes of Meeting #11/10, held on January 14, 2011, be approved. CARRIED COMMITTEE OF THE WHOLE RES.#B2/11 Moved by: Seconded by: Richard Whitehead Colleen Jordan 1

4 THAT the committee move into closed session to hear presentation EX5.1, as it pertains to legal matters. CARRIED ARISE AND REPORT RES.#B3/11 Moved by: Seconded by: Bryan Bertie Colleen Jordan THAT the committee arise and report from closed session. PRESENTATIONS CARRIED (a) Confidential - As it pertains to legal matters. RES.#B4/11 - Moved by: Seconded by: PRESENTATIONS Bryan Bertie Vincent Crisanti THAT above-noted presentation (a) be heard and received. CARRIED HEARINGS PURSUANT TO ONTARIO REGULATION 166/06 HEARING REPORT - MARIA AND LOUIS LOURO JR., 100 OLD MILL ROAD, CITY OF TORONTO RES.#B5/11 Moved by: Seconded by: Glenn De Baeremaeker Jim Tovey THAT the committee sit as a Hearing Board. MEMBERS PRESENT FOR HEARING Maria Augimeri Bryan Bertie Gay Cowbourne Vincent Crisanti Glenn De Baeremaeker Michael Di Biase Jack Heath Colleen Jordan Gerri Lynn O'Connor Anthony Perruzza Jim Tovey Richard Whitehead 2 CARRIED Vice Chair Member Member Member Member Member Member Member Chair Member Member Member

5 Following the roll call, a hearing was held re: Application #0846/10/TOR to develop within a Regulated Area of the Humber River watershed to facilitate construction of a deck on the valley wall at the property described as 100 Old Mill Road, City of Toronto (Etobicoke York Community Council Area). The applicants propose to construct, reconstruct, erect or place a building or structure within a Regulated Area of the Humber River watershed, Maria and Louis Louro Jr., 100 Old Mill Road, City of Toronto. The owners of 100 Old Mill Road have applied to Toronto and Region Conservation Authority (TRCA), under Ontario Regulation 166/06, to to develop within a Regulated Area to facilitate construction of a deck over the top of bank of a well defined valley. The works were completed prior to application for an Ontario Regulation 166/06 permit. Staff do not support the application on the basis that the development has impacts to the control of both erosion and the conservation of land. RES.#B6/11 Moved by: Seconded by: Glenn De Baeremaeker Jim Tovey THAT Mr. Louro be allowed an extra five minutes to complete his presentation. CARRIED A presentation was made by Mr. Louis Louro Jr., owner of 100 Old Mill Road. A written staff report was submitted and a presentation made by Mr. Steven Heuchert, Manger, Development, Planning and Regulation, Planning and Development Division. The Hearing Board asked questions of staff and the applicant/representative. RES.#B7/11 Moved by: Seconded by: Richard Whitehead Jim Tovey THAT the Hearing Board consider this matter in closed session. DECISION OF THE HEARING BOARD RES.#B8/11 CARRIED Moved by: Seconded by: Maria Augimeri Glenn De Baeremaeker THAT Application #0846/10/TOR to develop within a Regulated Area of the Humber River watershed to facilitate construction of a deck on the valley wall at the property described as 100 Old Mill Road, City of Toronto (Etobicoke York Community Council Area) be refused as the development has impacts to the control of both erosion and the conservation of land. 3

6 RES.#B9/11 Moved by: Seconded by: Gay Cowbourne Maria Augimeri THAT the Hearing Board arise and Report from closed session. MOTION TO RECONVENE RES.#B10/11 CARRIED Moved by: Seconded by: Gay Cowbourne Richard Whitehead THAT Executive Committee Meeting #1/11 reconvene. MOTION TO RATIFY RES.#B11/11 CARRIED Moved by: Seconded by: Maria Augimeri Glenn De Baeremaeker THAT the Executive Committee ratify the Decision of the Hearing Board that Application #0846/10/TOR to develop within a Regulated Area of the Humber River watershed to facilitate construction of a deck on the valley wall at the property described as 100 Old Mill Road, City of Toronto (Etobicoke York Community Council Area) be refused as the development has impacts to the control of both erosion and the conservation of land. CARRIED PROPERTY LOCATION AND DESCRIPTION The subject property is located on the north side of Old Mill Road, adjacent to the top of the Humber River valley and Home Smith Park. Old Mill Road is located in a residential neighborhood west of Jane Street, north of Bloor Street West, in the City of Toronto's Etobicoke York Community Council Area. There is an existing single family dwelling, and existing in-ground pool and cabana on the property. 4

7 THE PROPOSAL The proposal is to receive permission to acknowledge the development of a previously constructed cantilevered deck within the Toronto and Region Conservation Authority (TRCA) Regulated Area of the Humber River watershed (Attachment 1). The deck is built on a vegetated portion of the valley wall and is located below the long term stable top of bank of the valley (aka. the erosion hazard limit). The long term stable top of bank extends a minimum of six (6) metres inland from the top of bank - lands located between the long term stable top of bank and the base of the valley are considered a hazard under provincial policy. The deck is approximately 9 metres x 8 metres, curved at one end, with an area of approximately 65 square metres. The structure cantilevers approximately 6 metres beyond the existing physical top of bank. The works are not located within the Regional Storm floodplain. TRCA JURISDICTION The subject property is partially located within a TRCA Regulated Area of the Humber River watershed. Pursuant to Ontario Regulation 166/06, a permit is required from TRCA prior to any development, if in the opinion of TRCA, the control of flooding, erosion, dynamic beaches or pollution or the conservation of land may be affected by the development. Development is defined as: i. the construction, reconstruction, erection or placing of a building or structure of any kind, ii. any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure, iii. site grading, iv. the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere. 5

8 The deck meets the definition of development. An Ontario Regulation 166/06 permit must be applied for and obtained before construction can start. The site is also subject to other layers of municipal regulation, including the need for a municipal building permit and a permit under the City's Ravine and Natural Protection By-law. The TRCA permit must be issued before the municipal building permit can be issued, under the applicable law. In the case of 100 Old Mill Road, an application for an Ontario Regulation 166/06 permit was submitted to TRCA after substantial completion of the deck. A building permit has not been obtained. It should be noted that TRCA reviews all permitting requirements in concert with our Valley and Stream Corridor Management Program (VSCMP, 2004) policies. VSCMP integrates TRCA's public safety responsibilities and reaffirms its commitment to ecosystem planning at a watershed level. VSCMP outlines policies for new development, including property improvements and ancillary structures, within highly urbanized areas such as the area surrounding and including the subject property. TRCA staff concludes that this application impacts the control of erosion and the conservation of land. For an application to be refused, Section 28(12) of the Conservation Authorities Act requires that the applicant be given the opportunity for a hearing. HISTORY OF THE APPLICATION The permit application was submitted for the approval of works after they were constructed. The proposal asks for permission to, in effect, "regularize" the construction of the deck cantilevering over and into the valley. In September 2008, TRCA Enforcement staff inspected the property after being informed of a sunroom being constructed possibly in violation of TRCA s Regulation. Upon inspection, the sunroom was determined to be located outside TRCA s Regulated Area. The owner advised Enforcement staff at the time that he was contemplating a cantilevered deck at the rear of his property. Enforcement staff advised the owner that he would require a TRCA permit and that approval of a cantilevered structure would likely be very difficult to obtain as the location of the deck over top of bank would not meet TRCA policy. On September 30, 2009, TRCA Enforcement staff inspected the property in response to a complaint of the deck being constructed. The on-going construction of the deck was observed without the benefit of any TRCA and/or municipal permits. During this inspection the owner was advised that the works were in violation of the Conservation Authorities Act. Upon further inquiry, the owner was advised that he has the right to apply to TRCA under Ontario Regulation 166/06 to resolve the violation but that the current works do not meet TRCA policy. Construction continued on the project until the deck reached the point of substantial completion. 6

9 TRCA Violation Notice V-2459 was issued to the owner on October 7, A Notice of Infraction was also issued on November 30, 2009 by the City of Toronto under the Ravine and Natural Features Protection By-Law for unauthorized tree injury and removal in a ravine associated with the deck construction. The owner has worked with the City to resolve the tree issues through additional plantings, however, this does not resolve TRCA's regulatory concern with the development in the valley. In addition, on October 7, 2009 the City of Toronto issued an Order to Comply under the Building Code. If a permit under Ontario Regulation 166/06 is not obtained, then the City of Toronto Buildings Department will not be able to issue a building permit under the applicable law provisions of the Building Code. TRCA staff understands from discussions with the City that failure to obtain a building permit shall require removal of the unauthorized deck. On February 2, 2010, TRCA served a summons to the owner. The litigation process is now underway. After two judicial pre-trial conferences, a trial date is set for September 6-9, On September 10, 2010, 7.5 months after Violation Notice No. V-2459 was issued and one week before the first pre-judicial conference, TRCA staff received an "after-the fact" permit application for the deck. TRCA staff completed their review of the permit submission and provided comments to the applicant on November 1, TRCA s comments stated that staff do not support the approval of the application as it does not meet the TRCA's policies, and that the deck should be removed and the site restored. STAFF REVIEW OF THE PROPOSAL Conservation of Land The proposal impacts the conservation of land as it negatively impacts a portion of the valley corridor and degrades the habitat function of the valley system protected under TRCA's policy and Regulation. TRCA's natural heritage inventory work has shown that the Humber River valley supports several flora and fauna species of concern. While these species may be common in more rural areas, they are of concern in urbanized areas as a result of negative impacts to their habitat associated with urban uses. These impacts include direct loss of habitat as well as light, noise and encroachment from human contact. TRCA's information shows that the area is ecologically functioning at a high level given its urban context. Erosion The deck is also located below the long term stable slope line (erosion hazard limit) as identified by the applicant's geotechnical engineer and confirmed by TRCA s geotechnical engineer in his review of the applicant s geotechnical slope stability study. The long term stable slope line is located inland of the physical top of bank of the valley by a minimum of 6 metres and is considered the point to which the slope is predicted to erode over a 100 year period. The deck is built entirely within this area and is therefore built on an unstable slope. TRCA s VSCMP has policies in place to prevent development in valley corridors. 7

10 Policy C of the Valley and Stream Corridor Management Program states that "alterations of valley corridors through such activities as filling or enclosure shall not be permitted to create additional useable area and/or accommodate development. The construction of the cantilevered deck was clearly designed to create extensive additional usable area at the expense of negatively impacting a portion of the valley corridor. There is inadequate proof that a deck existed on site prior to the new development. Regardless, a replacement deck is unlikely to be supported in the erosion hazard zone. Policy E.2 of the Valley and Stream Corridor Management Program states that "property improvements and ancillary structures such as fencing, decks, stairs and minor alteration to grade/landscaping may be permitted subject to and in compliance with (2) if located on or adjacent to a valley wall (i) will not be permitted within the erosion impact zone (either adjacent to or on the valley wall itself), if the valley wall is unstable.... The cantilevered deck is constructed 6 metres over the unstable portion of the valley wall and 2 metres over the unstable portion of the tableland. CUMULATIVE IMPACTS AND THE PRECEDENT The proposal is not supported because it contributes to the impact created by cumulative loss and degradation of natural areas and biodiversity within the Humber River valley system, and indeed within the City of Toronto and other urban areas in the TRCA jurisdiction. The proposal is also located within the erosion hazard. Permitting this intrusion could be argued by future applicants to have established a precedent which will lead to similar proposals within the TRCA jurisdiction, given the constant pressure for more land use intensification. TRCA's Planning and Development staff receive inquiries for similar works such as amenity structures within the valley corridor where none existed before on a frequent, regular basis. Most inquiries for such works do not progress beyond the inquiry stage in part because staff can fall back on the precedent of TRCA not having permitted similar works in the past. However, unauthorized encroachments of large structures or filling are occurring in many municipalities in TRCA's jurisdiction. In the past number of years, the TRCA Hearing Board has refused a number of permit applications for similar type of development over the top of bank of the valley, including 3 Gibson Avenue, 119R Glen Road and 102 Banbury Road in the City of Toronto. The decision of the Hearing Board was based on the determination that the works had impacted the conservation of land. There is sufficient tableland between the existing house and the long term stable top of bank to construct a deck that would meet TRCA policy (Attachment 1). There is approximately 28 metres of open tableland available and TRCA staff would work with the applicant to facilitate a permit to allow for the relocation of the existing deck. There is no need for a deck of this size to be located on the valley wall or in the erosion hazard at this particular site given the option to relocate the deck above the long term stable top of bank, and the lack of precedent within the area. The applicant has noted that there are existing cantilevered structures on properties in the surrounding area, of which TRCA staff has been unable to confirm and TRCA has no record of issuing permits for such structures. 8

11 If this application is approved, then staff will have difficulty in opposing other applications for structures and/or fill within the valley corridors, which will result in additional negative impacts to our more urbanized watersheds. Indeed, TRCA's position before the Mining and Lands Commissioner on future appeals will become less defensible, especially given the recent Mining and Lands Commissioner decision regarding 119R Glen Road. This decision resulted in the dismissal of an appeal of TRCA s refusal to issue a permit based, in part, on the following: 1. recognizing that TRCA policy has, as its basis, a concern for the "conservation of land"; 2. accepting that the loss of a piece of the natural heritage system within the valley corridor has an impact on the conservation of land through the effect on the overall ecosystem of the valley corridor; 3. recognizing that new development over the top of bank is prohibited under TRCA's policies; and 4. upholding the ability of TRCA to consider the impacts of a precedent when considering permit applications (Russell v. TRCA, File No. CA , May 27, 2009). This application, in the view of staff, does not have merit and potentially, if approved, could be argued by future applicants to have created a significant and negative precedent for TRCA and undermine the legitimacy of TRCA's policies which have also been upheld by the Mining and Lands Commissioner. CONCLUSION AND RECOMMENDATION In summary, staff recommends that the application be denied for the following reasons: 1. The submission does not comply with the overall objective of TRCA's Valley and Stream Corridor Management Program. Specifically, it does not conform with Sections 4.1, New Development, or E.5., Property Improvements and Ancillary Structures. 2. The submission will affect the conservation of land as it: (i) results in negative impacts to a portion of the Humber River valley corridor for the purpose of creating amenity structures within the undeveloped valley portion of the property; (ii) results in the removal of ground cover, and pushes the urban edge further into the valley, resulting in a loss to overall habitat value; and (iii) has a detrimental impact due to the cumulative loss of natural cover within the City of Toronto. 3. The submission impacts erosion as it is located within an erosion hazard, as defined by the Province of Ontario, within the Humber River Valley. Even if a deck is permitted, it is not necessary to locate it in the valley corridor as the subject property has sufficient tableland to locate a deck in an alternative location or configuration to mitigate the loss of valley lands, therefore reducing the impacts to the environmental features and eliminating the potential for future erosion. 4. The submission could be argued by future applicants to have created a precedent that will: (i) result in future consideration of similar proposals within the City of Toronto and other urbanized areas of the TRCA jurisdiction; 9

12 (ii) undermine TRCA's policies; and (iii) reduce TRCA's ability to defend such policies at the Mining and Lands Commissioner. Report prepared by: Nicole Moxley, extension s: For Information contact: Steve Heuchert, extension s: Date: January 21, 2011 Attachments: 1 10

13 Attachment 1 11

14 SECTION I - ITEMS FOR AUTHORITY ACTION RES.#B12/11 - GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Duffins Creek Watershed Chieftan Development Corporation, CFN Purchase of property located east of Brock Road, south of Rossland Road, City of Pickering, Regional Municipality of Durham, under the "Greenlands Acquisition Project for ", Flood Plain and Conservation Component, Duffins Creek watershed. Moved by: Seconded by: Richard Whitehead Glenn De Baeremaeker THE EXECUTIVE COMMITTEE RECOMMENDS THAT 1.05 hectares (2.60 acres), more or less, of vacant land being Part of Lot 18, Concession 2 and designated as Part 3 on Plan 40R-26825, City of Pickering, Regional Municipality of Durham, located east of Brock Road, south of Rossland Road, be purchased from Chieftan Development Corporation; 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, Barristers & Solicitors, 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 documentation. 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. David Brand of Chieftan Development Corporation. 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 Duffins Creek watershed as outlined in the approved Greenlands Acquisition Project for Through the review of Land Division Application LD 091/2010 and Zoning By-law Amendment Application A05/10 for proposed institutional (i.e. school) development of this site, TRCA staff established the limits of the open space lands (i.e. Part 3 on Plan 40R-26825) which are comprised of an environmental tableland buffer adjacent to the valley corridor of the Ganatsekaigon Creek at this location. 12

15 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 2012 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, Ron Dewell, extension s: gleja@trca.on.ca, rdewell@trca.on.ca Date: January 19, 2011 Attachments: 1 13

16 Attachment 1 14

17 RES.#B13/11 - GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Petticoat Creek Watershed Ontario Realty Corporation, CFN Purchase of property located north and south of Finch Avenue, east and west of Altona Road, City of Pickering, Regional Municipality of Durham, under the "Greenlands Acquisition Project for ", Flood Plain and Conservation Component, Petticoat Creek watershed. Moved by: Seconded by: Richard Whitehead Glenn De Baeremaeker THE EXECUTIVE COMMITTEE RECOMMENDS THAT a total of hectares (34.82 acres), more or less, consisting of five irregular shaped parcels of land in the City of Pickering, Regional Municipality of Durham, be purchased from the Ontario Realty Corporation (ORC), said parcels are more particularly described as follows: Parcel (A) hectares (7.68 acres), improved with a residential dwelling, being Part of Lot 33, Concession 2; Parcel (B) hectares (22.61 acres), improved with a residential dwelling, being Part of Lots 33 and 34, Concession 2; Parcel (C) hectares (0.72 acres), vacant land, being Part of Lot 32, Concession 2; Parcel (D) hectares (0.18 acres), vacant land, together with a five metre temporary access right-of-way, being Part of Lot 31, Concession 2; and Parcel (E) hectares (3.63 acres), vacant land, together with a five metre temporary access right-of-way, being Part of Lot 32, Concession 1; 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, Barristers & Solicitors, 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 documentation. CARRIED BACKGROUND Resolution #A94/10 at Authority Meeting #5/10, held on June 25, 2010, approved the Greenlands Acquisition Project for

18 At Authority Meeting #7/00, held on July 28, 2000, Resolution #A167/00 was approved as follows: THAT the resolution from the City of Pickering on the Rouge Park Neighbourhood Study, dated April 10, 2000, be supported by the TRCA; THAT the City of Pickering, Rouge Park Alliance, ORC, and the Province of Ontario be so advised; AND FURTHER THAT staff be directed to participate in the discussions with the Province of Ontario, the Rouge Park Alliance, and the City of Pickering to negotiate the purchase of various parcels/blocks as they become available, subject to Authority approval. The Rouge Duffins Wildlife Corridor (RDWC) extends east from the City of Pickering / City of Toronto town line to the West Duffins Creek, between the Canadian Pacific Railway line and Finch Avenue. The RDWC has been recognized as an important east-west linkage between the Rouge River, Petticoat Creek and Duffins Creek watersheds. It also links three major environmental features: the Town Line Swamp, the Altona Forest Environmentally Significant Area (ESA) and the Whitevale ESA, as well as connecting three major publicly owned open space areas: the Rouge Park, the Altona Forest, and the West Duffins Creek. Property ownership within the RDWC is a mixture of utilities, provincial lands and private properties; as a result, the corridor is somewhat fragmented. The provincial lands have been identified as surplus and ORC is in the process of disposing of these properties. In 1999, the former Town of Pickering initiated the Rouge Park Neighbourhood Study. The purpose of the study was to ensure that the development of the neighbourhood occurred in an orderly and appropriate manner and that the features and functions of the RDWC were protected. Staff from the Ministry of Natural Resources (MNR), the Rouge Park and TRCA participated in the study. The following resolution was adopted by the City of Pickering Council on April 10, 2000: WHEREAS the City of Pickering has prepared the Rouge Park Neighbourhood Study, which involved public consultation and input from an Advisory Committee; WHEREAS the Rouge Park Neighbourhood Study includes provisions and planning designations to maintain and enhance the protection and preservation of sensitive and important environmental features, functions and, wildlife habitat; and WHEREAS the Rouge Park Neighbourhood Study area comprises some 160 hectares of land, of which 120 hectares is already or proposed by the study to be designated within land use categories of the Pickering Official Plan that prohibit development, including 48 hectares (40% of the 120 hectares), within the Rouge Park; and 16

19 WHEREAS the Ontario Government, through the Ontario Realty Corporation (ORC), owns approximately 50% (or 80 hectares) of the lands in the study area, of which 84% (or 67.2 hectares) have been or are proposed by the study to be designated "Open Space System - Natural Area" and therefore not to be developed, and the remaining ORC lands designated in the Official Plan for development constitute approximately 12.8 hectares (16%); and WHEREAS the Rouge Park Alliance and a number of residents have requested that additional provincially owned lands be protected, in public ownership, to further enhance wildlife habitat and the Rouge Duffins Wildlife Corridor; and NOW THEREFORE the City of Pickering requests that the Ontario Realty Corporation participate in discussions with the City of Pickering, the Rouge Park Alliance, the Toronto and Region Conservation Authority (TRCA), the Rouge River Restoration Committee, and other interested landowners in the Rouge Park Neighbourhood towards protecting the remaining 16% of provincially owned lands that enhance wildlife habitat and corridor functions; and FURTHER that these discussions investigate the opportunity to convey ownership of ORC lands to the TRCA for conservation purposes; and, FURTHER that the City Clerk be directed to provide the Ontario Realty Corporation, the Rouge Park Alliance, the Rouge River Restoration Committee, and the Toronto and Region Conservation Authority with a copy of this resolution and that they provide a response as to their participating in these aforementioned discussions. The Rouge Park Alliance, at Meeting #3/00, adopted a resolution supporting the City of Pickering initiative. Since 2000, ORC, in consultation with TRCA staff, have been determining the development limit of the ORC property. ORC will now be marketing the developable portions of these properties. At the same time as the developable lands are transferred to private owners, the remainder of the parcels will be conveyed to TRCA. Parcels (D) and (E) are land locked and temporary access rights-of-way will be provided until the adjacent sites have been developed and permanent access has been established. Negotiations have been conducted with Mr. Adam Carr, General Manager, Sales & Acquisitions, ORC. Attached is a plan showing the location of the subject lands. 17

20 RATIONALE The subject lands fall within TRCA's approved master plan for acquisition for the Petticoat Creek watershed as outlined in the approved Greenlands Acquisition Project for Staff support the resolution adopted by the City of Pickering to maintain a majority of the provincial lands in public ownership to protect the features and functions of the RDWC. In addition, this provides an opportunity to rationalize and consolidate public ownership in a more meaningful form to enhance the features and functions of the corridor. These are the first parcels of land within the RDWC (i.e. specifically within the Petticoat Creek watershed) to be gratuitously conveyed to TRCA by ORC. 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 2012 taxation year with exception of the two dwellings. The addition of the subject parcel of land will not significantly impact TRCA's maintenance costs at this location. Furthermore, TRCA will not accept the buildings until staff has inspected the structures and are satisfied with their condition. 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 or Ron Dewell, extension s: gleja@trca.on.ca or rdewell@trca.on.ca Attachments: 1 18

21 Attachment 1 19

22 RES.#B14/11 - Moved by: Seconded by: SOURCE PROTECTION PLANNING Extension of sole source contract to Thorpe & Associates to provide professional services for the CTC Source Protection Region in the drinking water source protection planning process and increase in existing purchase order cap due to increased workload related to enactment of the Clean Water Act, 2006 and regulations. Richard Whitehead Glenn De Baeremaeker THE EXECUTIVE COMMITTEE RECOMMENDS THAT the contract with Thorpe & Associates be extended for a period of two years, commencing April 1, 2011, based on annual renewals to provide professional services for the source water protection planning process for the CTC Source Protection Region - Toronto and Region Source Protection Authority (TRSPA), Credit Valley Source Protection Authority (CVSPA) and Central Lake Ontario Source Protection Authority (CLOSPA); THAT funding to Thorpe & Associates be capped at $130, per annum plus an annual cost of living increase based on Statistics Canada, Consumer Price Index, Toronto Area, plus a 10% contingency for fiscal years April 2011 to March 2012 and, April 2012 to March 2013; THAT the contract be subject to termination by Toronto and Region Conservation Authority (TRCA) or Thorpe & Associates, for any reason, upon 30 days notice; THAT this contractual obligation be binding on TRCA acting as lead source protection authority only to the extent that the Province of Ontario continues to provide funding; THAT the contract be reviewed annually by the CTC Management Committee and only continue based on satisfactory performance of the contractor; AND FURTHER THAT TRCA staff be authorized and directed to take such actions as necessary to implement the contract including the execution and signing of documents. CARRIED BACKGROUND At Authority Meeting #3/05, held on April 27, 2005, by Resolution #A92/05, the principle of Thorpe & Associates, Beverley Thorpe, was hired to provide project management services in support of source water protection planning at the CTC Region and TRCA. The initial contract was for one year with annual renewal in April, 2006 and 2007, ending in March, Upon successful completion of the first work assignment, an extension of this contract was authorized by Resolution #A297/07 at Authority Meeting #10/07, held on January 4th 2008, for annual renewal starting in April 2008, ending in March The proclamation of the Clean Water Act, 2006 and promulgation of the regulations imposed legal and timeline requirements on the source protection authorities created by regulation, particularly for the TRSPA as the lead source protection authority within the CTC Source Protection Region. The program has evolved from the 'no regrets' technical work focus to a legally mandated delivery program, including the creation of a source protection committee. The CTC Source Protection Committee (SPC) has been meeting since December 10,

23 Coupled with these legal requirements the Province has been releasing evolving direction on requirements for technical work and source protection plan development which has increased the workload. In 2010 the source protection staff team was restructured to assist the project manager in delivering mandatory communications and public consultation, to support program delivery and provincial reporting requirements. These staff positions are also part of the succession plan for the program as it moves into the next phase after March 31, 2013 when the Province will be introducing a new funding model. It is essential to ensure that the CTC Region has the continuity in program management support in place to guide the work through the development and submission of the first source protection plan and putting in place the reporting, record keeping and governance structure for the program beyond March 31, To date under the direction of Beverley Thorpe we have met our regulatory requirements to submit terms of reference by the CTC SPC to TRSPA, CVSPA and CLOSPA which were subsequently approved by the Minister of the Environment on August 17, 2009; and submitting technical assessment reports for CLOSPA in August 2010 and TRSPA and CVSPA on December 21, Currently technical work is underway to update the assessment reports to deal with Lake Ontario drinking water sources throughout the CTC Region, and detailed water quantity stress assessments in parts of the CVSPA and TRSPA for submission in June This technical work is part of the new technical requirements introduced at the end of At the same time work has begun to develop source protection policies. Source protection plans must be submitted by August All these products require preparation of technical material and communication products, review and endorsement by the SPC, public consultation and review by the respective source protection authorities prior to submission to the Province. Other regulatory deliverables include conducting and reporting on the meetings of the CTC source protection committee and maintaining a website for public access to the work completed and underway. The technical work required in respect of source protection planning under the Clean Water Act, 2006 and associated regulations, including the project management services, is fully funded by the Province through a transfer payment to TRCA as the lead for the CTC Region. A Memorandum of Understanding amongst Credit Valley, Central Lake Ontario and Toronto and Region conservation authorities sets out the basis for cooperative work and transfer of funds to cover costs incurred by the partner authorities. TRCA has also entered into Memoranda of Agreement with several municipal partners to transfer funds to them from the provincially allocated funding, where the municipality is leading a component of technical work. 21

24 RATIONALE Over the contract period to date Ms. Thorpe has successfully executed her responsibilities. Some examples of the services provided include guiding the technical staff from the three participating conservation authorities (CAs) in preparing work plans, completing technical studies (including peer review), representing the CTC Region on the province-wide committee of project managers, providing advice and support to the CTC Management Committee of Chief Administrative Officers, making presentations to the CA boards, local councils and leading a municipal technical advisory committee comprised of representatives from the planning, works and health departments of all the upper, lower and single tier municipalities wholly or partially within the CTC Region. In addition, Ms. Thorpe, at the request of the Province and TRCA, has presented papers on source water issues at a number of conferences and forums and was instrumental in assisting in the development of a near shore study for Lake Ontario. The drinking water source protection process has broken new ground in water management and requires an experienced project manager. Ms. Thorpe has a wealth of experience, a well established network of senior managers within the Province and the project management skills to lead not only the CTC Region activities but also to be a resource for other CA's and source protection committees. The CTC SPC Chair and members greatly appreciate the consistent leadership that Ms. Thorpe has shown and benefit from the historical and technical knowledge that she has available to her. Ms. Thorpe has been and will continue to mentor some of the technical staff over the next two years to allow their professional development to meet the needs of the succession planning process. Senior staff at the CLOCA and CVC are also in support of this contract. Therefore, staff recommend the extension of the contract to Thorpe & Associates as per Section of TRCA's 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. FINANCIAL DETAILS This position is funded completely from allocation by the Province of Ontario for source water protection planning. Report prepared by: Deborah Martin-Downs, extension dmartin-downs@trca.on.ca For Information contact: Deborah Martin-Downs, extension dmartin-downs@trca.on.ca Date: December 10,

25 SECTION II - ITEMS FOR EXECUTIVE ACTION RES.#B15/11 - Moved by: Seconded by: ONTARIO INC. (HARTMAN HEIGHTS) Ontario Municipal Board Hearing. Authorization to appear as a party before the Ontario Municipal Board on referrals related to an Official Plan Amendment application and a Zoning By-law Amendment application to permit the development of a residential building with a maximum building height of seven storeys, 94 units and a Floor Space Index of 1.53 at 8294, 8298 and 8302 Islington Avenue, in the City of Vaughan, Regional Municipality of York. Gay Cowbourne Glenn De Baeremaeker THAT staff be directed to appear on behalf of Toronto and Region Conservation Authority (TRCA) as a party before the Ontario Municipal Board (OMB) in an appeal of an Official Plan Amendment application and a Zoning By-law Amendment application at 8294, 8298 and 8302 Islington Avenue, in the City of Vaughan, Region of York (File Nos. OP and Z ); THAT the OMB be advised that TRCA has outstanding issues relating to the proposed Official Plan Amendment application and Zoning By-law Amendment application; THAT staff be directed to work cooperatively with TRCA's municipal partner and the appellant to ensure that the requirements of the Valley and Stream Corridor Management Program (VSCMP) and Provincial Policy Statement are met; THAT staff be authorized to retain legal counsel to pursue this appeal before the OMB, if required; AND FURTHER THAT the OMB and all parties and participants to the hearing be so advised. CARRIED BACKGROUND Description of the Applications The proponent proposes to amend the Official Plan to redesignate the lands at 8294, 8298 and 8302 Islington Avenue from Medium Density Residential to High Density Residential and to increase the maximum Floor Space Index (FSI) from 1.0 to 1.53 and the maximum permitted building height from 3.5 storeys to 7 storeys in order to facilitate the development of a residential building. The proponent also submitted an application to rezone the lands from R2 Residential Zone to RA3 Apartment Residential Zone. The applications were appealed to the OMB by the proponent based on Council s neglect to enact the proposed Official Plan Amendment and Zoning By-law Amendment, pursuant to the Planning Act. 23

26 The applications were initially circulated to TRCA on August 27, TRCA staff has submitted written comments on the applications to the City of Vaughan and the proponent on numerous occasions (between December 1, 2008 and December 6, 2010 ). These comments were provided upon completion of the review of technical documents and associated re-submissions. TRCA staff has also met with the proponent, its consultants and staff from the City of Vaughan to discuss our interests on the site. TRCA staff attended an OMB pre-hearing for these files on July 16, TRCA staff attended the pre-hearing in order to secure our presence in this matter. This ensured that TRCA had party status. Since that time, staff has been working with the proponent and the City of Vaughan to find an amenable resolution to this matter in order to avoid a hearing. It was the expectation of staff that TRCA's issues would have been settled by this time. We are still working towards a resolution to these issues prior to the commencement of the hearing, which is scheduled to begin on February 7, Description of the Area The Ontario Inc. properties are approximately hectares in total area (1.09 acres) and are located on the west side of Islington Avenue, between Gamble Street and Davidson Drive (north of the Woodbridge settlement), in the City of Vaughan. The three properties are situated within a developed area of the East Humber River valley corridor. Historical development in this area has occurred on the valley floor and on plateau areas within the valley corridor. The three properties are situated, for the most part, on a relatively flat plateau within the larger valley corridor. The flat portions of the site consist of manicured lawns with scattered trees and shrubs. The rear portion of the site is situated at the toe of a well-vegetated valley slope. The slope is greater than 20 metres in height and has a general inclination of three horizontal units to one vertical unit (3H : 1V) or flatter. The slope is covered with a semi-mature deciduous forest community, which extends onto the three properties. TRCA staff staked the limit of the feature and hazard on the site with representatives from the City of Vaughan and the proponent on May 21, The East Humber River is approximately 162 metres (531 feet) from the site, on the east side of Islington Avenue. The properties are not located within the Regulatory Flood Plain. The properties are located within an area regulated by TRCA pursuant to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 166/06) because of their location within the East Humber River valley corridor. A permit is required from TRCA to facilitate development on this site. RATIONALE Based on staff review of the proponent's submissions to date, there are two outstanding issues relating to the Official Plan Amendment and Zoning By-law Amendment applications submitted by Ontario Inc. 24

27 (1) The Proposed Official Plan Amendment The Site Plan submitted in support of the proposed Official Plan Amendment and Zoning By-law Amendment applications shows no development within an area 13.5 metres (44 feet) from the rear lot line with the exception of a four metre (13-foot) wide permeable patio. This setback protects the natural hazard and features on and adjacent to the properties (the well-vegetated valley slope) and provides a buffer to those features. The proponent and TRCA agreed to the 13.5-metre (44-foot) distance through early negotiations on the file However, there is no proposed amendment to the official plan on the three properties to designate the natural heritage features and hazard and their associated buffer into an open space or other suitable environmental protection category. TRCA s VSCMP objectives and policies (Sections 2.2 and 4.1.1) advocate for the long-term protection of valley corridors, stream corridors and natural areas. The protection of these areas through specific land use designations, zoning, public ownership and/or other means ensures, among other things, the public s safety, the protection of the ecological integrity of these areas, and the quality of life of present and future generations. It is the opinion of TRCA staff that the proposed official plan amendment should include an appropriate designation and policies that would protect the recognized natural features and hazards and their associated buffers within and abutting the three properties in order to ensure the long-term protection of these areas and to prevent development from occurring immediately adjacent to the natural hazard. (2) The Proposed Zoning By-law Amendment The draft by-law submitted by the proponent does not propose to re-zone the natural heritage features and hazard and their associated buffer into an open space or other suitable environmental protection category. The 13.5-metre (44-foot) rear yard is proposed to be zoned RA3 Apartment Residential Zone, consistent with the remaining portions of the site. It is the opinion of TRCA staff that the proposed zoning by-law amendment should include an appropriate zone and provisions that would protect the recognized natural features and hazards and their associated buffers. DETAILS OF WORK TO BE DONE Should a resolution not be reached between the parties to this matter, TRCA staff is requesting the authorization of the Executive Committee to attend the OMB hearing to ensure that TRCA interests are protected and addressed. Staff will retain legal counsel for the hearing should it be deemed necessary. Should legal counsel be retained, staff will coordinate with the other parties to ensure our presence at the hearing is shortened (1 to 3 days) and our legal costs are minimized. Report prepared by: Coreena Smith, extension s: csmith@trca.on.ca For Information contact: Coreena Smith, extension s: csmith@trca.on.ca Attachments: 1 25