Carolyn Woodland, Senior Director, Planning, Greenspace and Communications

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1 Section I Items for Authority Action TO: FROM: Chair and Members of the Authority Meeting #4/16, Friday, May 27, 2016 Carolyn Woodland, Senior Director, Planning, Greenspace and Communications RE: HURONTARIO-MAIN STREET LIGHT RAIL TRANSIT (LRT) Proposed Etobicoke Creek Valley Alignment KEY ISSUE Request from Brampton City Council for a TRCA Authority opinion on a proposed alignment of the Hurontario-Main Street Light Rail Transit (LRT) system through the Etobicoke Creek valley from just north of Nanwood Drive to Queen Street and the Brampton Downtown GO Station. RECOMMENDATIONS THAT the City of Brampton letter (attached) requesting the TRCA Authority provide formal response to Brampton City Council s proposal of locating a section of the proposed Hurontario-Main Light Rail Transit (LRT) within the Etobicoke Creek Valley Corridor, be received; THAT TRCA staff recommend to the Authority that an LRT alignment through the Etobicoke Creek Valley not be supported based on TRCA s policies, permitting requirements under Ontario Regulation 166/06, our delegated role to represent the provincial interest on natural hazards, previously approved work with the Province and City of Brampton on risk reduction within Downtown Brampton and the increased risk to life, property and infrastructure that an LRT would pose within the valley; THAT TRCA does not support an LRT within the Etobicoke Creek valley, on land which is owned by TRCA, which is subject to significant risk from flooding and erosion, and which provides one of the few contiguous natural heritage corridors within the City; THAT should the City of Brampton proceed with further investigations for an LRT alignment through Etobicoke Creek Valley, despite TRCA s recommendations to the contrary, an Individual Environmental Assessment (IEA) be completed due to the scope and level of work that will need to take place to ensure an integrated study between this transit initiative, flood remediation efforts, hazard risks and land use planning/growth implications, and that the IEA be subject to approval by the Minister of Environment and Climate Change as is provided for in the legislation; AND FURTHER THAT the City of Brampton, Minister of Natural Resources and Forestry, Minister of Municipal Affairs and Housing, Minister of the Environment and Climate Change, Minister of Transportation, and the Chair of Metrolinx, be so advised. 8

2 BACKGROUND In 2008, the City of Mississauga and City of Brampton, in consultation with TRCA staff and other interested stakeholders, initiated the Master Plan for the future proposed Light Rail Transit (LRT) system from Port Credit in the City of Mississauga to the Downtown GO Station in the City of Brampton. The Master Plan recommended a Light Rail Transit (LRT) system along Hurontario-Main Street between downtown Brampton and the Port Credit waterfront. The recommendation included a one way loop in Downtown Brampton that would turn west on Wellington Street then north on George Street and pass through a new tunnel under the CN rail corridor/go tracks to the downtown Brampton GO station. The LRT would then turn south on Main Street north of the rail corridor and continue south on Main-Hurontario Street into Mississauga. A new LRT maintenance and storage facility was also identified on the southeast corner of Hurontario Street and Highway 407 in the City of Brampton. In 2014, the City of Mississauga, City of Brampton and Metrolinx in consultation with TRCA staff and other interested stakeholders completed an Environmental Assessment (EA) through the Transit Project Assessment Process (TPAP). Through further refinement of the 2008 alignment, the TPAP identified the preferred LRT alignment along Hurontario-Main Street to the downtown Brampton GO station. A Notice to Proceed was issued by the Minister of the Environment and Climate Change on August 25, 2014 allowing the Hurontario-Main Street LRT to proceed to the implementation phase of work from Port Credit GO to Brampton GO. Prior to TPAP approval, Brampton City Council advised that it had concerns with the option of the LRT along Hurontario-Main Street north of Steeles Avenue, and asked City of Brampton staff to develop their own assessment of possible alignments including investigation of an alignment through the Etobicoke Valley Corridor. During 2014 and 2015, TRCA staff provided detailed comments on the considerable deviation of this option from our policies, permitting requirements under Ontario Regulation 166/06, our delegated role to represent the provincial interest on natural hazards and previously approved work with the Province and City of Brampton on risk reduction within Downtown Brampton. In addition, TRCA staff advised that construction of an LRT within the flood plain, paralleling the main Etobicoke Creek would increase risk to life, property and infrastructure as outlined in this report, to both staff and council, including a presentation to council on July 8, On October 27, 2015, Brampton City Council only approved the Hurontario-Main LRT from Brampton s southern boundary to the Gateway Terminal at Steeles Avenue, and permanently removed the LRT surface alignment on Main Street from further consideration north of Etobicoke Creek through Downtown Brampton. On March 9, 2016, Brampton City Council directed Brampton staff to examine three alternatives, including the Etobicoke Valley option (Route 3), with the purpose of the study being to recommend to Council a route that will provide the most intensification opportunities in the central area and the most economic benefit to the City of Brampton. Council also directed Brampton staff to work with Toronto Region Conservation staff to come to an agreement on Route 3 Etobicoke Creek Valley, and if an agreement cannot be reached, the matter be brought forward to the Toronto Region Conservation Board of Directors. TRCA and City of Brampton staff met on April 28, 2016 to further discuss a potential alignment through the valley. On May 5, 2016, TRCA staff received a request from the City of Brampton to proceed with a report to the TRCA Authority for a formal position on the Etobicoke Creek valley alignment. 9

3 RATIONALE TRCA staff has significant concerns related to construction of a transit system through a valley corridor. This includes flood plain, flood control and natural heritage management, as well as provincial and TRCA policy implications. Furthermore, as the Downtown Brampton SPA update did not assess the implications of risk to life and property as a result of the introduction of new transit infrastructure through the valley corridor, there are potential limitations to future development and flood remediation opportunities in downtown Brampton. DOWNTOWN BRAMPTON PLANNING INITIATIVES Special Policy Areas Portions of the City of Brampton (Downtown Brampton and Bram East) are located within the flood plain and Special Policy Area (SPA) of the Etobicoke Creek (Figure 1). SPAs are planning mechanisms that recognize the unique circumstances of historic communities that exist within flood vulnerable areas to allow for continued social and economic viability and revitalization of these areas. Any changes to the boundaries or official plan policies of SPAs must be approved by both the Minister of Municipal Affairs and Housing and Minister of Natural Resources and Forestry because they reflect a relaxation of provincial natural hazard policies for flood-related events, where this is deemed appropriate. Downtown Brampton SPA Updates On April 30, 2014, the Minister of Municipal Affairs and Housing and Minister of Natural Resources and Forestry approved the Downtown Brampton Special Policy Area: Comprehensive Flood Risk and Management Analysis. The SPA update was a collaborative effort between the City of Brampton, the Ministry of Municipal Affairs and Housing (MMAH), the Ministry of Natural Resources and Forestry (MNRF) and TRCA. It resulted in updates to the land use permissions, policies and boundary of the Downtown Brampton SPA through amendments to the City of Brampton s Secondary Plan and Zoning By-Law adopted by City of Brampton Council. The TRCA Authority also endorsed the proposed Official Plan Amendment and Zoning By-law Amendment to implement the updated SPA policies and boundaries on January 31, 2014 (RES.#A224/13). These site specific SPA policies are used by TRCA staff to inform and guide TRCA s regulatory permitting responsibilities under Section 28(1) of the Conservation Authorities Act. The comprehensive SPA update was premised on a strategy to reduce the risk to life, property and infrastructure. The following is a summary of some of the key outcomes of the SPA update: a clear vision for the rehabilitation and revitalization of Downtown Brampton a comprehensive analysis of land use and current flood risk characterization based on technical updates by TRCA a reduction in overall risk through strategic planning of new development and strategic redistribution of permitted development to areas with lower flood risk and emergency access a comprehensive set of technical requirements to support flood risk management in conjunction with development approvals no increase in development permissions above what is currently allowed within the SPA no substantial increase to the costs associated with potential flood damages a plan for addressing flood mitigation for the Regulatory Storm 10

4 These updates allow Brampton Council to approve development applications that conform to the revised Secondary Plan and Zoning By-law without the need for further Provincial review and approval within the SPA. The update does not allow for increased intensification above what is already permitted within the revised Secondary Plan and will not allow further intensification until such time as studies to further reduce the flood risk have been completed. Further, the update incorporates the City s original Transportation Master Plan which does not recognize the valley as a key transit spine and intensification corridor, but rather Queen Street and Hurontario-Main Street. It also did not assess the implications of risk to life and property with the introduction of new transit infrastructure through the valley corridor. Bram East SPA Comprehensive Update The City of Brampton is currently undertaking a similar comprehensive update to the Bram East SPA (Figure 1) in collaboration with MMAH, MNRF and TRCA. As per provincial requirements, all opportunities to reduce the risk to life, property and infrastructure will need to be explored through this review process. Flood Remediation Work and Future Intensification TRCA is working with the City of Brampton on Phase 2: Integrated Riverine and Urban Flood Risk Analysis and Urban Drainage Study, which was informed by the SPA update and is a technical review of flood remediation alternatives for the Downtown Brampton SPA. The City's long term vision for revitalization and intensification of the historic downtown hinges on engineering studies already undertaken through the SPA update which did not account for an LRT within the valley, and potential uninterrupted conveyance of flows through the Etobicoke Creek valley. The Downtown Etobicoke Creek Flood Mitigation and Revitalization project is a major initiative in the City of Brampton to provide long term solutions to flooding issues while creating new public space and amenities and enable revitalization of a designated urban growth centre. An LRT through this corridor may limit the viability and flood remediation options currently being studied to further reduce the flood risk from adjacent lands within Downtown Brampton. TRCA AND PROVINCIAL POLICIES The Conservation Authorities Act provides the legal basis for TRCA s mandate to undertake watershed planning and management programs that prevent, eliminate, or reduce the risk to life and property from flood hazards and erosion hazards, as well as encourage the conservation and restoration of natural resources. TRCA also has a delegated responsibility to represent the provincial interest on natural hazards under Section 3.1 of the Provincial Policy Statement (PPS) An LRT through the Etobicoke Creek valley contradicts TRCA s infrastructure policies as identified within TRCA s The Living City Policies, as approved by the TRCA Authority on November 28, 2014 (RES #A186/14). In addition, provincial and TRCA policies for natural hazards do not allow for new development and site alteration within a floodway. Construction of an LRT through the Etobicoke Creek valley would be contrary to TRCA policies and the tests under Ontario Regulation 166/06 for natural hazards, intrusion into and losses to the natural heritage system and safety standards relating to flood depths, velocities and emergency access into the valley during times of natural hazards. 11

5 TRCA is a commenting agency under both the Planning Act and the Environmental Assessment Act, and a regulatory agency under the Conservation Authorities Act. In cases where land use approvals under the Planning Act require coordination with infrastructure approvals under the Environmental Assessment Act, an integration of the planning processes and approvals under both Acts may take place, provided the intent and requirements of both Acts are met as identified in the Provincial Policy Statement (PPS). TRCA also has a responsibility as a regulatory agency to provide comments to agencies in the planning and EA process where it involves a TRCA regulated area, given that development, infrastructure and site alteration within regulated areas requires a TRCA permit. Should an LRT through the valley be pursued, an integrated approach will be required in order to ensure that both the land use planning and infrastructure approvals meet Provincial and TRCA policies and requirements as noted above. EXISTING FLOOD CONTROL INFRASTRUCTURE There are currently two (2) critical pieces of flood control infrastructure within the City: the Brampton by-pass channel (Etobicoke Creek) and the Brampton flood protection berm located in the Bram East SPA and within the Etobicoke Creek valley. The by-pass channel is a major flood conveyance system which has the capacity to convey flows for up to the 350-year storm event. Preliminary assessment of the flood protection berm located downstream of Downtown Brampton, but within the Bram East SPA and valley indicates that it serves to hold back flood waters close to the 350 year storm event. Currently, as part of on-going flood remediation work, TRCA and City staff are completing engineering studies on the function of the berm. Not only would an LRT within this system present an increased risk to human life, but it would also put any existing or new infrastructure at risk due to significant flood and erosion hazards. As the owner and operator of the LRT, the City would in part be held accountable for any damage to life, property or infrastructure occurring as a result of these hazards. The PPS and TRCA s Living City Policies both identify climate change as a potential increased risk associated with natural hazards. The severity and frequency of storm events within the Greater Toronto Area should not be overlooked but rather incorporated into development and infrastructure planning to reduce risks to life and property associated with these types of natural hazards. Given our experience with adverse impacts to historic infrastructure within valley corridors through flooding, erosion and risk to human life, the City should be examining ways to reduce these risks rather than bringing people and infrastructure into a major flood conveyance channel, particularly when there are alternate locations for an LRT system. TRCA LANDS AND THE NATURAL HERITAGE SYSTEM The valley system associated with this subject area is a part of TRCA s Terrestrial Natural Heritage System and is recognized as a significant valleyland/watercourse corridor within the City of Brampton. This land is owned by TRCA, under management agreement with the City of Brampton, and provides one of the few contiguous natural heritage corridors within the City. Construction of an LRT would not only result in degradation to the ecological function of this system, but also undermine public investments in community-based restoration projects that are established and/or planned within this valley system. As identified in the City of Brampton s Official Plan (Section Valleylands and Watercourse Corridors): It is the responsibility of the City, in consultation with the Region of Peel and the area Conservation Authorities to ensure that the natural heritage features, functions, linkages and hazards associated with the valleylands and watercourse corridors are respected. 12

6 It is also noted that: Public ownership of the valleylands and watercourse corridors will permit the long term protection of these important components of the natural heritage system to ensure environmental, economic and social values that will improve the quality of life in the City and that Lands designated as Valleylands/Watercourses Corridors are intended primarily for the preservation and conservation of the natural features, functions and linkages. Public ownership of these valley systems ensures that they are protected over the long-term, restored and enhanced and available for conveyance of flood waters during storm events to protect development areas. These lands are also made available to the public to foster the inter-dependent relationship between humans and the natural environment and are integral in forming complete communities. Construction of an LRT through this valley system and parkland will have an impact to public enjoyment of the parkland and cannot be constructed without disturbance to natural features and ecological functions within the valley corridor. TRCA POSITION Revitalization of the Downtown Etobicoke Creek is a major initiative in the City of Brampton to provide long-term solutions to flooding issues while creating new public space and amenities, and enable revitalization of a designated Urban Growth Centre. An LRT through this corridor may limit the viability and flood remediation options currently being studied to further reduce the flood risk from adjacent lands within Downtown Brampton. The SPA update and resultant Comprehensive Flood Risk and Management Analysis introduces policies that refine the distribution of growth strategically to reduce risk to life, property and infrastructure and fulfill the City s vision for residential and employment growth contributing to a vibrant downtown, as identified in the City of Brampton s Official Plan. The City of Brampton is one of the first municipalities to receive Provincial approval of modifications to its SPA since the new Provincial guidelines were released in There has been a significant level of work already completed by the City, Province and TRCA to study the downtown core, update the SPA and develop a revitalization and risk management strategy. The decision to move forward with a study to locate an LRT within the Etobicoke Creek Valley would be contrary to previous approvals and investment both in time and money from the City, Province and TRCA. In addition, because the SPA update did not include the presence of an LRT within the valley, significant additional engineering work would be required to reassess the impacts to Downtown Brampton, flooding in current neighbourhoods, and the extent of potential changes to all of the previous provincially, TRCA and City-approved studies. TRCA is not supportive of an LRT route through the Etobicoke Creek Valley for all of the reasons noted above. Should the City of Brampton decide to move forward with further studies for an LRT alignment through Etobicoke Creek Valley, despite our recommendations to the contrary, it is suggested that: an Individual Environmental Assessment (IEA) be completed due to the scope and scale of work that will need to be completed the IEA integrates the land use planning needs as it relates to flood risk, emergency management, flood remediation, redevelopment and intensification objectives of the City the City incorporates and updates as part of the study the land use permissions, policies, boundary of the Downtown Brampton SPA and amendments to the City of Brampton s Secondary Plan and Zoning By-Law, as adopted by City of Brampton Council, based on the implications of the proposed LRT 13

7 The Minister of the Environment and Climate Change is required to approve the Terms of Reference for any IEA. Should the Minister approve the Terms of Reference, the development of an IEA is a lengthy and expensive process, requiring detailed technical studies and extensive public consultation generally involving a technical advisory committee and a separate stakeholder advisory committee. An IEA would require a comprehensive review of public policy issues and would need to involve a number of provincial ministries to obtain their feedback regarding their opinion and support for this alignment. As such, the Ministries of Natural Resources and Forestry (as related to provincial hazard management policies, SPA designations and natural heritage); Municipal Affairs and Housing (as related to SPA and secondary plan designations), Environment and Climate Change (as related to the environmental assessment process), Ministry of Transportation (as related to provincial transportation policies), and Metrolinx (as related to provincial transit policies), will need to be engaged. Once the IEA document is complete, it is submitted for approval by the Minister. The Minister has options to approve, approve with conditions or refuse the IEA. The Minister may also make the decision to refer the IEA to mediation or to the Environmental Review Tribunal for a hearing. TRCA staff is concerned that the level of effort and funding required to both study this option, and provide opportunity for meaningful consultation with the public, as well as provincial agencies and TRCA, has been thoroughly considered. It is TRCA staff opinion that the required studies must be done as part of an integrated approach to planning through provisions in both the Environmental Assessment Act and the Planning Act, that an update to the Downtown SPA will be required and that current strategies for growth in the downtown core will require re-examination. Consideration should also be given to the fact that approval under Ontario Regulation 166/06 under the Conservation Authorities Act must be obtained, and it must be recognized that this project is not supported by TRCA. NEXT STEPS This report will be provided to City of Brampton staff, City of Brampton Council, the Minister of the Environment and Climate Change, the Minister of Natural Resources and Forestry, the Minister of Municipal Affairs and Housing, the Minister of Transportation, and the Chair of Metrolinx. Report prepared by: Sharon Lingertat, extension s: slingertat@trca.on.ca For Information contact: Beth Williston, extension s: bwilliston@trca.on.ca Date: May 17, 2016 Attachments: 2 14

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