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Authority Meeting #11/16 Was Held at TRCA Head Office, on Friday, January 27, 2017

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Authority Meeting #11/16 Was Held at TRCA Head Office, on Friday, January 27, 2017 Authority Meeting #11/16 was held at TRCA Head Office, on Friday, January 27, 2017. The Chair Maria Augimeri, called the meeting to order at 9:31 a.m. PRESENT Kevin Ashe Member Maria Augimeri Chair Jack Ballinger Member Ronald Chopowick Member Vincent Crisanti Member Glenn De Baeremaeker Member Michael Di Biase Vice Chair Jennifer Drake Member Michael Ford Member Jack Heath Member Jennifer Innis Member Colleen Jordan Member Jim Karygiannis Member Maria Kelleher Member Matt Mahoney Member Glenn Mason Member Mike Mattos Member Jennifer McKelvie Member Ron Moeser Member Linda Pabst Member Anthony Perruzza Member Gino Rosati Member Jim Tovey Member ABSENT David Barrow Member Paula Fletcher Member Chris Fonseca Member Giorgio Mammoliti Member John Sprovieri Member RES.#A215/16 - MINUTES Moved by: Michael Di Biase Seconded by: Jim Tovey THAT the Minutes of Meeting #10/16, held on January 6, 2017, be approved. CARRIED ______________________________ 640 DELEGATIONS 4.1 A delegation by John Zipay, Agent, in regard to item 7.2 - Ontario Municipal Board Participation. 4.2 A delegation by Glenn Lucas, Planner, Dufferin Vistas Ltd., in regard to item 7.3 - OMB Participation Draft Plan of Subdivision & Zoning By-Law Amendment. 4.3 A delegation by Anne Sabourin, Associate, Donnelly Law, in regard to item 7.3 - OMB Participation Draft Plan of Subdivision & Zoning By-Law Amendment. RES.#A216/16 - DELEGATIONS Moved by: Michael Ford Seconded by: Glenn De Baeremaeker THAT above-noted delegations 4.2 and 4.3 be added to the agenda. CARRIED RES.#A217/16 - DELEGATIONS Moved by: Ronald Chopowick Seconded by: Mike Mattos THAT above-noted delegation 4.1 be received. CARRIED RES.#A218/16 - DELEGATIONS Moved by: Ronald Chopowick Seconded by: Michael Ford THAT above-noted delegations 4.2 and 4.3 be received. CARRIED ______________________________ PRESENTATIONS 5.1 A presentation by John Tracogna, Chief Executive Officer and Robin Hale, Chief Operating Officer, Toronto Zoo, in regard to item 7.8 - Toronto Zoo. RES.#A219/16 - PRESENTATIONS Moved by: Colleen Jordan Seconded by: Jack Heath THAT above-noted presentation 5.1 be received. CARRIED ______________________________ 641 CORRESPONDENCE 6.1 A letter dated January 25, 2017 from David Bronskill, solicitor, Goodmans LLP, in regard to item 7.3 - OMB Participation Draft Plan of Subdivision & Zoning By-Law Amendment. Attachment 6.2 A letter dated January 26, 2017 from David R. Donnelly, solicitor, Donnelly Law, in regard to item 7.3 - OMB Participation Draft Plan of Subdivision & Zoning By-Law Amendment. RES.#A220/16 - CORRESPONDENCE Moved by: Jack Ballinger Seconded by: Vincent Crisanti THAT above-noted correspondence 6.1 and 6.2 be received. CARRIED 642 Correspondence 6.1 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 Correspondence 6.2 David R. Donnelly, MES LLB [email protected] January 26, 2017 Via e-mail to [email protected] Jonathan Wigley Gardiner Roberts LLP Bay Adelaid Centre – East Tower 22 Adelaide Street West, Suite 3600 Toronto, ON M5H 4E3 Dear Mr. Wigley, Re: OMB File No. PL160978, Dufferin Vistas Residential Development Appeal TRCA Meeting January 27, 2017 Donnelly Law represents residents concerned with the above-referenced development applications. We are in the process of incorporating the residents as a not-for-profit corporation that will represent their interests and request party status in the above- noted matter. We write in advance of the Toronto and Region Conservation Authority’s (“TRCA”) meeting tomorrow with several requests for the meeting that will be the subject of our client’s deputation. Land Purchase or Exchange At its October 14, 2016 meeting, TRCA passed a unanimous motion to ask the City of Vaughan to consider purchasing 230 Grand Trunk Avenue and/or a land exchange to protect the ecological health of the site. Will there be a report at the meeting on Vaughan’s response? Will TRCA direct Staff to work with Vaughan on securing the land purchase or exchange? TRCA Position on Phase 1 and 2 Lands We have reviewed the agenda materials and TRCA’s Preliminary Issues List. Do TRCA’s issues apply to both the Phase 1 (Low Rise Residential) and Phase 2 (Low Rise Residential – Special Study Area) lands? Further, does TRCA’s review of the application consider the impact of Phase 1 development on Phase 2 lands? Location of Proposed Grand Trunk Road Extension TRCA Preliminary Issues 6 and 7 address the proposed alignment of the Grand Trunk extension. What are TRCA’s specific concerns with the alignment and are alternative alignments feasible? t. 416 572 0464 f. 416 572 0465 276 Carlaw Ave Suite 203 Toronto Ontario M4M 3L1 P 692 A G E In particular, it seems the March 22, 2017 OMB hearing will deal with these issues and so far, no studies of any kind have been provided to our clients. Has TRCA received updated environmental studies? TRCA Site Visit of January 25, 2017 We understand Staff visited the subject lands on January 25, 2017. Can TRCA confirm whether or not key natural heritage features and sensitive hydrological features exist on the Phase 1 lands? Will a report of the site visit be provided at the meeting? We note the Ontario Municipal Board decision in Scianella v. Vaughan (City), [2003] O.M.B.D. No. 1163 found at paragraph 9: Based on mapping provided by the Province, the City passed OPA 604, to bring their Official Plan into conformity with the ORMCP. On Schedule 24 of OPA 604, the woodlot on Mr. Iacobelli’s property is shown as a significant woodlot. That Official Plan Amendment and an accompanying zoning by- law, the Oak Ridges Moraine By-law No. 242-2003 which zones the woodlot as OS-5, have been forwarded to the Minister for approval. Our client would like to know TRCA’s position: is there a significant woodlot on the subject lands? If not, did TRCA consider restoration instead of development before entering into this agreement? It may be the habit of some municipalities to embrace the “it is easier to obtain forgiveness than it is permission” principle in land use planning: surely this is not the policy of TRCA? Why then is the destroyed regenerating woodland on the subject lands not given the opportunity to be restored as part of the woodland network? We are aware of evidence of blatant and wilful destruction of the replanted forest. What is TRCA doing to ensure this reforestation takes precedence over development? Has TRCA requested a section 47 Minister’s Zoning Order to ensure ecological destruction is never a successful strategy for obtaining approval of a land use planning application. TRCA Position on Timing of Hearing Do Staff anticipate being able to complete their review of the Phase 1 lands in time for the March 22, 2017 hearing? Residents advise notice was provided on January 24, 2017. Given that TRCA has identified concerns with the proposed alignment, design and location of Grand Trunk, do Staff consider the hearing on Phase 1 zoning and plan of subdivision to be premature? Archaeological Assessment A request to the developer’s counsel for an archaeological assessment of the subject property has not been answered. t. 416 572 0464 f. 416 572 0465 276 Carlaw Ave Suite 203 Toronto Ontario M4M 3L1 P 693 A G E We note that in the new draft of the Oak Ridges Moraine Conservation Plan, it is the position of the Government of Ontario that: The Plan supports the identification, conservation, use and wise management of cultural heritage resources, including archaeological resources, to support the social, economic and cultural well-being of all communities, including First Nations and Métis communities. Notwithstanding this clear direction regarding the identification of archaeological resources on the Moraine, the City and TRCA are bound to follow Policy 2.6 of the 2014 Provincial Policy Statement, which states: 2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved. 2.6.2 Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved. All of us, including the City of Vaughan, TRCA and local residents bear a responsibility for protecting archaeological resources and ancient First Nation’s sites. This cannot be done when properties are developed without proper study. TRCA recognizes the area’s rich heritage and potential: Recognizing the heritage value of the archaeological resources on its lands, the TRCA has prepared an Archaeological Master Plan that documents archaeological sites and makes recommendations for the proper management of these resources. New sites and other cultural heritage landscapes continue to be found every year, and along with that, new educational opportunities offered to enhance local knowledge.1 With this letter, we copy the representatives of all First Nations that occupied the Toronto area. Local residents have long been told there is a village site and possible burial located on the subject lands. Did consultation with First Nations regarding the subject property? If so, no doubt the TRCA and City of Vaughan will disclose the consultation record with First Nations (if one exists) before proceeding to the scheduled March 22, 2017 OMB hearing to confirm the Minutes of Settlement, dated June 23, 2015 and brought to light by Global TV. 1 https://trca.ca/conservation/archaeology/ t. 416 572 0464 f. 416 572 0465 276 Carlaw Ave Suite 203 Toronto Ontario M4M 3L1 P 694 A G E One note: it is our legal opinion consultation is to occur with First Nations before a settlement is reached.
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