Item - 2012.LS17.2
Tracking Status
- City Council adopted this item on November 27, 28 and 29, 2012 with amendments.
- This item was considered by Licensing and Standards Committee on November 16, 2012 and was adopted with amendments. It will be considered by City Council on November 27, 28 and 29, 2012.
- See also By-laws 238-2013, 582-2013
LS17.2 - Natural Garden Exemption
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on November 27, 28 and 29, 2012, adopted the following:
1. City Council adopt the amendments contained in Appendix “A” to the report (November 2, 2012) from the Executive Director, Municipal Licensing and Standards, to amend the Toronto Municipal Code, Chapter 489, Grass and Weeds, with the following additional amendment:
a. Section (12) be amended by deleting the words "at the expense of the applicant", so that it reads:
"(12) A Community Council under delegated authority or Council may require, as a condition of approval, that City staff monitor the natural garden."
2. City Council adopt the amendment to Toronto Municipal Code Chapter 489, Grass and Weeds, in accordance with Appendix “A” to the report (November 2, 2012) from the Executive Director, Municipal Licensing and Standards, to delegate the authority to grant exemptions to the Executive Director, Municipal Licensing and Standards, subject to any applications for review of exemptions by Community Council.
3. City Council adopt the amendments to the Toronto Municipal Code, Chapter 441 Fees and Charges to recover administrative costs for a final appeal.
4. City Council request the Executive Director, Municipal Licensing and Standards, to ensure a process for review of natural gardens that includes an inspection and recommendation by a horticulturalist prior to circulating to the Ward Councillor.
5. City Council request the Executive Director, Municipal Licensing and Standards to develop a communications plan to explain the new process for Natural Garden Exemptions, including information that no fees will apply for gardens deemed compliant through the staff review process.
6. City Council direct the City Solicitor to prepare the necessary bill(s) to make such by-law amendments as may be required to give effect to Council's decision and to make any necessary minor substantive or stylistic refinements as may be identified by the Executive Director of Municipal Licensing and Standards or the City Solicitor.
Public Notice Given
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2012/ls/bgrd/backgroundfile-51975.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-52457.pdf
Communications (Committee)
(November 14, 2012) E-mail from Sharon Lovett (LS.New.LS17.2.2)
Communications (City Council)
(November 25, 2012) E-mail from Jocelyn Bilodeau and Brian Rideout (CC.Supp.LS17.2.4)
(November 26, 2012) E-mail from Sharon Lovett (CC.Supp.LS17.2.5)
(November 26, 2012) E-mail from Heidi Eisenhauer (CC.Supp.LS17.2.6)
(November 21, 2012) E-mail from Katie Wolk (CC.Supp.LS17.2.7)
(November 26, 2012) E-mail from Harold B. Smith (CC.Supp.LS17.2.8)
(November 26, 2012) E-mail from Deborah Dale (CC.New.LS17.2.9)
(November 26, 2012) E-mail from Linda Read (CC.New.LS17.2.10)
(November 26, 2012) E-mail from Nellie Sue Potter (CC.New.LS17.2.11)
(November 26, 2012) E-mail from Miriam Henriques (CC.New.LS17.2.12)
(November 26, 2012) E-mail from Janet Harrison (CC.New.LS17.2.13)
(November 27, 2012) E-mail from Vytautas Bruzga (CC.New.LS17.2.14)
(November 27, 2012) E-mail from Joyelle Jolie (CC.New.LS17.2.15)
(November 23, 2012) E-mail from Karen Yukich (CC.New.LS17.2.16)
Motions (City Council)
That City Council request the Executive Director, Municipal Licensing and Standards to develop a communications plan to explain the new process for Natural Garden Exemptions, including information that no fees will apply for gardens deemed compliant through the staff review process.
Vote (Amend Item (Additional)) Nov-29-2012 9:58 AM
| Result: Carried | Majority Required - LS17.2 - Davis - motion 1 |
|---|---|
| Total members that voted Yes: 33 | Members that voted Yes are Paul Ainslie, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Jaye Robinson, Karen Stintz, Adam Vaughan |
| Total members that voted No: 1 | Members that voted No are Michael Thompson |
| Total members that were Absent: 11 | Members that were absent are Maria Augimeri, Gary Crawford, John Filion, Doug Ford, Rob Ford, Mark Grimes, Giorgio Mammoliti, Ron Moeser, Anthony Perruzza, David Shiner, Kristyn Wong-Tam |
Vote (Adopt Item as Amended) Nov-29-2012 9:59 AM
| Result: Carried | Majority Required - LS17.2 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 32 | Members that voted Yes are Paul Ainslie, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Paula Fletcher, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Jaye Robinson, Karen Stintz, Adam Vaughan |
| Total members that voted No: 2 | Members that voted No are Sarah Doucette, Michael Thompson |
| Total members that were Absent: 11 | Members that were absent are Maria Augimeri, Gary Crawford, John Filion, Doug Ford, Rob Ford, Mark Grimes, Giorgio Mammoliti, Ron Moeser, Anthony Perruzza, David Shiner, Kristyn Wong-Tam |
LS17.2 - Natural Garden Exemption
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Public Notice Given
Committee Recommendations
The Licensing and Standards Committee recommends that:
1. City Council adopt the amendments contained in Appendix “A” to the report (November 2, 2012) from the Executive Director, Municipal Licensing and Standards, to amend the Toronto Municipal Code, Chapter 489, Grass and Weeds, with the following additional amendment:
a. Section (12) be amended by deleting the words "at the expense of the applicant", so that it reads:
"(12) A Community Council under delegated authority or Council may require, as a condition of approval, that City staff monitor the natural garden."
2. City Council adopt the amendment to Toronto Municipal Code Chapter 489, Grass and Weeds, in accordance with Appendix “A” to the report (November 2, 2012) from the Executive Director, Municipal Licensing and Standards, to delegate the authority to grant exemptions to the Executive Director, Municipal Licensing and Standards, subject to any applications for review of exemptions by Community Council.
3. City Council adopt the amendments to the Toronto Municipal Code, Chapter 441 Fees and Charges to recover administrative costs for a final appeal.
4. City Council request the Executive Director, Municipal Licensing and Standards, to ensure a process for review of natural gardens that includes an inspection and recommendation by a horticulturalist prior to circulating to the Ward Councillor.
5. City Council direct the City Solicitor to prepare the necessary bill(s) to make such by-law amendments as may be required to give effect to the recommendations in the report (November 2, 2012) from the Executive Director, Municipal Licensing and Standards, and to make any necessary minor substantive or stylistic refinements as may be identified by the Executive Director of Municipal Licensing and Standards or the City Solicitor.
Decision Advice and Other Information
The Licensing and Standards Committee requested the Executive Director, Municipal Licensing and Standards, to submit a report to City Council on November 27, 2012, on Section 2(a) VI to ensure fairness on how the fee is applied.
Origin
Summary
The purpose of this report is to respond to requests from City Council and the Licensing and Standards Committee regarding the natural garden exemption process. This report examines changes to the by-law and exemption process, the feasibility of notifying area residents regarding applications, revisions to the natural garden inspection fees and the feasibility of amending the by-law to add a time constraint for natural garden exemptions based on change of property ownership.
The requirements for natural gardens are outlined in The Toronto Municipal Code, Chapter 489, Grass and Weeds. This report recommends amendments to the Toronto Municipal Code, Chapter 489 to provide delegated authority to the Executive Director of Municipal Licensing and Standards to approve natural garden exemptions.
The proposed amendments contained within this report, will assist in streamlining the approval process for those properties lawfully conforming with the Natural Garden Exemption contained within the by-law, while also providing improved notice to the Ward Councillor upon application, and continuing to permit an appeal process for all.
Staff from Parks, Forestry and Recreation (PF&R), Transportation Services Right of Way Management (ROW) and Legal Services were consulted in the preparation of this report.
Background Information
https://www.toronto.ca/legdocs/mmis/2012/ls/bgrd/backgroundfile-51975.pdf
Communications
(November 14, 2012) E-mail from Sharon Lovett (LS.New.LS17.2.2)
Speakers
Lorraine Johnson
Councillor Janet Davis
Motions
City Council request the Executive Director, Municipal Licensing and Standards, to ensure a process for review of natural gardens that includes an inspection and recommendation by a horticulturalist prior to circulating to the Ward Councillor.
That:
1. Section (12) be amended by deleting the words "at the expense of the applicant".
2. The Executive Director, Municipal Licensing and Standards be requested to submit a report to Council on the Section 2(a) VI to ensure fairness on how the fee is applied.