Executive Committee Meeting #3/17 was held at TRCA Head Office, on Friday, May 5, 2017. The Chair Maria Augimeri, called the meeting to order at 9:38 a.m. PRESENT Maria Augimeri Chair Jack Heath Vice Chair Jack Ballinger Member Vincent Crisanti Member Michael Di Biase Member Jennifer Innis Member Colleen Jordan Member Mike Mattos Member ABSENT Glenn De Baeremaeker Member Chris Fonseca Member Jennifer McKelvie Member Anthony Perruzza Member RES.#B30/17 - MINUTES Moved by: Michael Di Biase Seconded by: Jack Ballinger THAT the Minutes of Meeting #2/17, held on April 7, 2017, be approved. CARRIED ______________________________ DELEGATIONS 4.1. A delegation by Mr. Saeed Ghias, homeowner, in regard to item 7.1 - Request for Disposal of Toronto and Region Conservation Authority Land, Adjacent to 40 Grovetree Road. RES.#B31/17 - DELEGATIONS Moved by: Jack Heath Seconded by: Colleen Jordan THAT above-noted delegation 4.1 be received. CARRIED ______________________________ 155 Section I – Items for Authority Action RES.#B32/17 - REQUEST FOR DISPOSAL OF TORONTO AND REGION CONSERVATION AUTHORITY-OWNED LAND Adjacent to 40 Grovetree Road, City of Toronto, Humber River Watershed, CFN 56447. Recommendation that the subject TRCA-owned property, located to the rear of 40 Grovetree Road, in the City of Toronto, Humber River watershed, be retained in TRCA ownership for conservation purposes. Moved by: Jack Heath Seconded by: Colleen Jordan THE EXECUTIVE COMMITTEE RECOMMENDS THAT Toronto and Region Conservation Authority (TRCA) owned property located to the rear of 40 Grovetree Road, in the City of Toronto, be retained in TRCA ownership for conservation purposes. CARRIED BACKGROUND A request by email correspondence was received from Mr. Saied Ghias who wishes to purchase a 0.5-acre parcel of TRCA-owned property located to the rear of 40 Grovetree Road, in the City of Toronto. At Executive Committee Meeting #8/16, held on October 14, 2016, Resolution #B98/16 was approved as follows: THAT the potential disposal of a portion of Toronto and Region Conservation Authority (TRCA) owned property located adjacent to 40 Grovetree Road, in the City of Toronto, be referred to TRCA staff for review and discussion in accordance with established TRCA policies; AND FURTHER THAT a report be brought forward to the Executive Committee at a future date recommending further action. The subject TRCA lands are part of a larger parcel acquired from Joseph L. Baril on June 20, 1963, under the Humber River Flood Plain Lands Acquisition Project and are managed by the City of Toronto under a management agreement. Mr. Ghias has indicated that his neighbour at 38 Grovetree Road purchased property from TRCA to increase the backyard area and accordingly, he would also like to purchase TRCA property to extend his backyard. The following is a brief history of 38 Grovetree Road. TRCA staff identified an encroachment on TRCA property behind 38 Grovetree Road in the mid-1970s. The encroachment consisted of a large retaining wall system, backfilled area to contain an in-ground swimming pool, concrete landing, steps and terrazzo patio along with a fenced-in area, maintained as lawn. The total area of encroachment measured 0.05 hectares (0.12 acres). To address this encroachment, TRCA entered into a License of Occupation Agreement with the owner in 1977. 156 In 1993, the owner submitted a request to the then Municipality of Metropolitan Toronto Encroachment Review Committee (ERC), which included representation by TRCA, to purchase the encroached upon TRCA property. The ERC recommended to TRCA to sell the portion of TRCA property which contained the concrete retaining wall and backfilled area (i.e. 0.012 hectares; 0.029 acres), provided that the owner remove the fence west of the wall and return the lawn area to a natural state. The sale was completed on October 7, 1994. The request from 40 Grovetree Road was circulated to TRCA staff and staff at the City of Toronto for review and comment. The following comments have been received: TRCA Planning Staff Comments The subject TRCA lands are located entirely within the natural system, below the top of slope of the Humber River valley corridor, and are heavily vegetated. The lands are located within the Regulated Area of the Humber River. The Provincial Policy Statement (PPS), 2014, states that development shall generally be directed to areas outside of hazardous lands adjacent to river systems which are impacted by flooding and/or erosion hazards. The PPS also provides that natural features and areas shall be protected for the long term. TRCA’s Living City Policies (LCP) set out development guidelines for properties influenced by valley and stream corridors. These policies also guide TRCA’s role as an approval authority under Ontario Regulation 166/06, as amended, and as an advisor to municipalities under the Planning Act with respect to natural heritage and natural hazards. The LCP describes a “Natural System” as being made up of natural features and areas, water resources, natural hazards, potential natural cover and/or buffers. The LCP recommends that development not be permitted within the Natural System and that it be conveyed into public ownership for its long term protection and enhancement. This request for disposal, if approved, would result in severing TRCA-owned lands located entirely within the erosion hazard and natural heritage system. The best way to ensure the long term protection and enhancement of the natural heritage system and to protect hazard lands is through public ownership. Accordingly, staff does not support this request as it is not consistent with provincial and TRCA policies. City of Toronto Park Forestry and Recreation (PR&F) Staff Comments The subject lands are designated as “Natural Areas” in the City of Toronto Official Plan and “Open Space” in the Zoning By-law. The Official Plan policies discourage the sale of land within the Green Space System. Accordingly, PF&R staff strongly discourage the sale of this parcel. Deferral Request At the request of the Executive Committee at Meeting #2/17, held on April 7, 2017, this item was deferred, pending a site meeting with Deputy Mayor Vincent Crisanti, TRCA staff and Mr. Ghias to view the site; the site meeting was held on April 10, 2017. Mr. Ghias expressed concern regarding the condition of the valley slope behind his property and it was recommended that TRCA geotechnical staff visit the site and complete an assessment of the slope condition behind 40 Grovetree Road. A site visit was conducted on April 11, 2017 and the following are the conclusions and recommendations based on the observations at that time: 157 1. There is no suggested risk of deep-seated sliding or rotational failure at this site as per the observations and based on a review of available geotechnical information for the native stratigraphy likely to be encountered at this site. 2. Some localized over steepened areas in close proximity to the slope crest, likely created by previous fill placement and grading, may be susceptible to some surface erosion or very shallow slope movement; however, it is anticipated that the extent of this surface erosion would be very limited. 3. The current stormwater management on the tableland behind the house is not satisfactory and should be improved to avoid run off or concentrated flow towards the slope. The tableland is virtually void of vegetation and the downspout from roof gutters drains uncontrolled over the bare backyard tableland. 4. With respect to slope remediation, it is recommended that those localized over steepened areas, which are likely due to the previous grading, be re-graded to a more stable slope inclination (e.g. 2H:1V) and replanted with suitable native species. 5. It was observed during the site visit that some yard waste and debris has been placed on the slope crest. These materials should be removed due to the detrimental effects to existing vegetation and potential surcharge to the slope; bare areas should be planted with suitable native vegetation. 6. Based on observations at the time of the site visit, retaining walls and/or other retaining systems are not required for this site. 7. It is also recommended that the site be regularly monitored for any changes in slope conditions. Based on staff’s ranking method for erosion control projects, the above prescribed slope works are ranked a low priority and therefore, funding is not available to undertake any work. If through the regular monitoring program, a change in the site conditions is identified, staff will re-evaluate the site ranking. In the interim, staff has suggested that the owner revegetate the backyard area, redirect concentrated roof rainwater runoff away from the valley slope and not place yard waste and debris on the slope crest. Conclusion As noted above, this request for disposal is contrary to provincial, municipal and TRCA policies. With regard to TRCA’s role as a landowner, the sale of the subject lands would create an adverse precedent and increase TRCA’s exposure to similar requests from other landowners. To ensure the long term protection of the natural features in the area, staff recommends that the subject parcel be retained in TRCA ownership for conservation purposes. A plan illustrating the location of the subject lands is attached. Report prepared by: George Leja, extension 5342 Emails: [email protected] For Information contact: George Leja, extension 5342, Jae Truesdell, extension 5247 Emails: [email protected], [email protected] Date: April 24, 2017 Attachments: 1 158 Attachment 1 ALBION RD ISLINGTON AVE G R O V E T R E E R D 40 # SAN DH 38 ILL Subject DR Property R IV E R H E PLAYDELL CRT A D D R B A R F O R D R D Legend DURHAM SubjectProperty YORK Watercourses PEEL !!!!!! Floodline Regulation Limit Regulation SITE F ^TORONTO TRCAProperty Lake Ontario Parcel AssParcel ess ment 0 20 40 80 Meters KeyMap © Queen’s Printer for Ontario and its licensors.