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Meeting #7/10 INDEX TO EXECUTIVE COMMITTEE MEETING #7/10 Friday, September 10, 2010 MINUTES Minutes of Meeting #6/10, held on August 6, 2010 373 HEARING REPORT Ontario Khalsa Darbar Inc., 7080 Dixie Road, City of Mississauga 374 GREENLANDS ACQUISITION PROJECT FOR 2006-2010 Flood Plain and Conservation Component, Don River Watershed Thornhill Ravines Development Corporation 382 GREENLANDS ACQUISITION PROJECT FOR 2006-2010 Flood Plain and Conservation Component, Don River Watershed E. Manson Investments Limited and Zureit Holdings Limited 385 GREENLANDS ACQUISITION PROJECT FOR 2006-2010 Meadowcliffe Drive Erosion Control Project 388 REQUEST FOR DISPOSAL OF TORONTO AND REGION CONSERVATION AUTHORITY-OWNED LAND West side of Weston Road, north of Highway No. 401, City of Toronto 392 TOWN OF CALEDON Request for a permanent easement for a stormwater management facility and purchase of property located north of Mayfield Road and east of Highway 10, Town of Caledon and City of Brampton, Region of Peel 395 CITY OF TORONTO Conveyance of Land for Beechgrove Drive, south of Lawrence Avenue East, City of Toronto (Scarborough Community Council Area), Highland Creek Watershed 399 CITY OF TORONTO Conveyance of Land for the Construction of a Cul-de-sac as Part of the Partial Closure of Kirkhams Road, City of Toronto (Scarborough Community Council Area), Rouge River Watershed 402 HYDROLOGIC STUDY OF IMPACTS OF FLOOD FLOWS AND MITIGATION Future Development in the Humber River Watershed 405 EAST DON TRAIL - ASPHALT PAVING Tender RSD #10-35 407 APPOINTMENT OF ENFORCEMENT OFFICER Suzanne Bevan 409 ONTARIO REGULATION 166/06 10 Plymbridge Road 415 10 Davies Crescent 418 108 Curtis Crescent 450 11 East Drive 425 110 Thompson Avenue 413 12 Reidmount Avenue 446 121 Baby Point Road 412 1231674 Ontario Inc. 419 12715 Jane Street 426 130 Ferris Road 447 1338480 Ontario Limited 449 138 Glen Albert Drive 418 14 Berry Creek Drive 414 14 Spring Valley Court 443 14685 10th Concession 450 150 Varsity Road 444 16 Madras Avenue 450 174 Elmwood Avenue 455 18 Nattress Street 419 181 Ellis Avenue 444 188 Humbervale Boulevard 429 19 Proctor Avenue 448 20 True Davidson Drive 446 2039564 Ontario Inc. and Bikramjeet Rakhra 448 21 Crimson Forest Drive 448 2109179 Ontario Ltd. 454 216 Owen Boulevard 430 217 Riverside Drive 414 221 Old Humber Crescent 422 23 Woodland Heights 444 23 Crimson Forest Drive 447 25 Mill Cove 428 26 Trail Ridge Lane 449 267 Rosedale Heights Drive 453 27 Kingsbury Crescent 416 27 Crimson Forest Drive 448 27 Beckett Avenue 412 2705 9th Concession 443 ONTARIO REGULATION 166/06 Cont'd 29 Crimson Forest Drive 447 3 Fenwood Heights 445 30 York Valley Crescent 415 30 Majesty Court 421 32 Glenview Avenue 415 33 Edgehill Road 413 35 Green Valley Road 416 36 Chaya Sara Gardens 447 3627 King Street 423 38 Francesca Court 447 39 Edinborough Court 445 46 Oakfield Drive 413 4783 Beech Grove Sideroad 449 5250 Sideline #4, RR1 428 55 Millersgrove Drive 445 55 Grandvista Crescent 422 56 Main Street 454 591 North Lake Road 455 7140 17th Sideroad 450 74 South Kingsway 443 75 Bow Valley Drive 417 8 Hampton Park Crescent 446 8015 16th Side Road 456 81 Highland Crescent 416 89 Clarence Street 430 9 East Drive 423 Amexon Holdings Inc., City of Toronto and Metrolinx 412 Apostolic Pentecostal Church 411 Bell Canada 427, 436, 437, 438, 439, 440 Belmont Properties (Weston) Inc. 419, 420 Brampton, City of 411 Carstone Financial Inc. 446 Cogeco Data Services LP 414 Enbridge Pipelines Inc. 432 Fernbrook Homes 431 Glorco Holdings Inc. 431 Hornepayne Investments Ltd. 454 Huntington Landowners Group 421 Hydro One Telecom 435 King, Township of 427 Markham, Town of 455 Mattamy (Clarkway) Limited 451 Maxim Group Building Restoration Inc. 426 Metroplitan Toronto Condominium Corporation No. 1189 444 Molise Kleinburg Estates Inc. 422 MTS Allstream 433 ONTARIO REGULATION 166/06 Cont'd Times Group Corporation 432 Toronto, City of 418, 428, 430 Parks Forestry and Recreation 429 Toronto Transit Commission 451 City of Toronto 417, 452, 453 Uxbridge, Township of 442 Vaughan, City of 420 York, Regional Municipality of 424, 425, 433, 434, 435, 437, 441, 442 YRSCC 1069: Terraces on the Green 423 MEETING OF THE EXECUTIVE COMMITTEE #7/10 September 10, 2010 The Executive Committee Meeting #7/10, was held in the Victoria Room, Black Creek Pioneer Village, on Friday, September 10, 2010. The Chair Gerri Lynn O'Connor, called the meeting to order at 9:40 a.m. PRESENT Maria Augimeri Vice Chair Gay Cowbourne Member Suzan Hall Member Jack Heath Member Ron Moeser Member Gerri Lynn O'Connor Member Anthony Perruzza Member Richard Whitehead Member ABSENT David Barrow Member Glenn De Baeremaeker Member Colleen Jordan Member Maja Prentice Member RES.#B93/10 - MINUTES Moved by: Richard Whitehead Seconded by: Gay Cowbourne THAT the Minutes of Meeting #6/10, held on August 6, 2010, be approved. CARRIED _________________________________________ 373 HEARINGS PURSUANT TO ONTARIO REGULATION 166/06 HEARING REPORT - ONTARIO KHALSA DARBAR INC., 7080 DIXIE ROAD, CITY OF MISSISSAUGA RES.#B94/10 Moved by: Suzan Hall Seconded by: Gay Cowbourne THAT the committee sit as a Hearing Board. CARRIED MEMBERS PRESENT FOR HEARING Maria Augimeri Vice Chair Gay Cowbourne Member Suzan Hall Member Jack Heath Member Ron Moeser Member Gerri Lynn O'Connor Chair Richard Whitehead Member Following the roll call, a hearing was held re: Application #0465/10/MISS to develop within a Regulated Area of the Etobicoke Creek watershed to recognize the recent placement of 10,360 cubic metres of fill at the property municipally known as 7080 Dixie Road, in the City of Mississauga. The applicants propose to temporarily or permanently place, dump or remove any material originating on the site or elsewhere within a Regulated Area of the Etobicoke Creek Watershed Ontario Khalsa Darbar Inc., 7080 Dixie Road, City of Mississauga. The owners of 7080 Dixie Road have applied to Toronto and Region Conservation Authority (TRCA), under Ontario Regulation 166/06, to develop within a Regulated Area to recognize the unauthorized placement of approximately 10,360 cubic metres of fill. The works were completed without obtaining approval under Ontario Regulation 166/06. Staff do not support the application on the basis that it adversley impacts the control of flooding. A presentation was made by Mr. Mahadeo Singh, P.Eng., M P S Engineering Inc., representative for Ontario Khalsa Darbar Inc. A written staff report was submitted and a presentation made by Mr. Quentin Hanchard, Planner I, Planning and Development Division. The Hearing Board asked questions of staff and the applicant/representative. RES.#B95/10 Moved by: Suzan Hall Seconded by: Richard Whitehead 374 THAT the Hearing Board consider this matter in closed session. CARRIED DECISION OF THE HEARING BOARD RES.#B96/10 Moved by: Maria Augimeri Seconded by: Richard Whitehead THAT Application #0465/10/MISS to develop within a Regulated Area of the Etobicoke Creek watershed to recognize the recent placement of 10,360 cubic metres of fill at the property municipally known as 7080 Dixie Road, in the City of Mississauga be refused as it adversely impacts the control of flooding. CARRIED RES.#B97/10 Moved by: Jack Heath Seconded by: Gay Cowbourne THAT the Hearing Board arise and Report from closed session. CARRIED MOTION TO RECONVENE RES.#B98/10 Moved by: Maria Augimeri Seconded by: Gay Cowbourne THAT Executive Committee Meeting #7/10 reconvene. CARRIED MOTION TO RATIFY RES.#B99/10 Moved by: Maria Augimeri Seconded by: Richard Whitehead THAT the Executive Committee ratify the Decision of the Hearing Board that Application #0465/10/MISS to develop within a Regulated Area of the Etobicoke Creek watershed to recognize the recent placement of 10,360 cubic metres of fill at the property municipally known as 7080 Dixie Road, in the City of Mississauga be refused as it adversely impacts the control of flooding. CARRIED BACKGROUND This application has been submitted for approval of works after-the-fact. The applicant is presently seeking permission to retain the fill (approximately 10,360 cubic metres of fill) that has recently been placed on the subject property within the Regulatory Floodplain of Etobicoke Creek 375 TRCA Enforcement staff observed the filling on the subject property, adjacent to the Etobicoke Creek on October 13, 2009. TRCA Enforcement staff subsequently issued a notice of violation on October 16, 2009, as the required permits (pursuant to Ontario Regulation 166/06) had not been attained from TRCA. The owners were subsequently charged under the Conservation Authorities Act for the unlawful placement of fill without attaining a permit from TRCA, and legal proceedings in the form of charges before District Court commenced August 24, 2010. This matter is anticipated to be proceeding through the courts in the fall of 2010. Violation notices and charges under the Conservation Authorities Act have previously been issued on this property to the same owners as a result of previous filling activity and watercourse alterations in another section of the river corridor on the property. Following the enforcement notices, TRCA staff received a permit application and associated materials on January 14, 2010 to regularize the prior placement of approximately 10,360 cubic metres of fill on the site. As a result of the adverse impacts to the control of flooding (detailed further below) TRCA staff cannot support this permit application. In the case of the proposal for approval of works after-the-fact for 7080 Dixie Road, TRCA staff concludes that the control of flooding has been adversely affected. Before refusing permission, TRCA must hold a Hearing to which the applicant and other interested persons are a party (Conservation Authorities Act, R.S.O. 1990, c. C.27 - 28(12)). The applicants have requested such a hearing before the TRCA Hearing Board.
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