Item - 2018.PE25.1

Tracking Status

  • City Council adopted this item on March 26, 2018 without amendments.
  • This item was considered by Parks and Environment Committee on February 23, 2018 and was adopted with amendments. It will be considered by City Council on March 26, 2018.

PE25.1 - Tree Protection through the Committee of Adjustment Process

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on March 26 and 27, 2018, adopted the following:

 

1.  City Council direct the Chief Planner and Executive Director, City Planning to ensure that members of the Committee of Adjustment and the Toronto Local Appeal Body are provided with the most up-to-date Council policies, such as Council's new front yard parking pad restrictions, to ensure that members of these quasi-judicial bodies are aware of the decisions of City Council regarding tree and forestry issues.

­­

2.  City Council amend the criteria of Committee of Adjustment and Toronto Local Appeal Body Panels to include knowledge of, and/or background in, urban forestry and environmental planning.

 

3.  City Council request the General Manager, Parks, Forestry and Recreation to provide annual training to Committee of Adjustment and Toronto Local Appeal Body members on tree By-law issues related to the Committee of Adjustment application process, and forestry issues to ensure that the members are educated regarding potential tree impacts with proposed front yard parking.

 

4.  City Council direct that, as part of the requirements for a complete Committee of Adjustment application, applicants must submit a completed tree declaration form and include preliminary up-to-date coloured photos, a site plan outlining the "as-of-right" footprint, and tree details (diameter at breast height, tree species, and location) of all By-law protected trees located on site and within 6 metres of the site as part of the Committee of Adjustment application. All trees and tree protection zones must be identified on plans.

 

5.  City Council require applicants, if approval has been granted for replacement trees, to provide photographic evidence of the replacement tree(s), two years post planting to the General Manager, Parks, Forestry and Recreation.

 

6.  City Council direct that City staff conducting site visits to sites with tree protection barriers be provided with an information sheet summarizing the types of tree stressors (including, but not limited to, bark damage, exposed roots, pruning, and prohibition of building materials within the tree protection zone), and that City staff conducting site visits report any activity within the tree protection zones of By-law protected trees in a timely manner to 311 for follow up by Urban Forestry Enforcement and Compliance Staff.

 

7.  City Council direct that 311 Toronto contact on-duty Parks, Forestry and Recreation staff when residents report damage to a tree that is occurring in progress, including tree protection barriers with urgent status.

 

8.  City Council direct that the City of Toronto's "Tree and Ravine Protection Permits" website be updated to include information relating to tree replacement, such as Parks, Forestry and Recreation's Tree Planting Brochure.

Background Information (Committee)

(December 13, 2017) Report from the General Manager, Parks, Forestry and Recreation on Tree Protection through the Committee of Adjustment Process
https://www.toronto.ca/legdocs/mmis/2018/pe/bgrd/backgroundfile-111717.pdf
(February 23, 2018) Presentation from the General Manager, Parks, Forestry and Recreation on Tree Protection through the Committee of Adjustment Process
https://www.toronto.ca/legdocs/mmis/2018/pe/bgrd/backgroundfile-112920.pdf

Motions (City Council)

Motion to End Debate moved by Councillor Mike Layton (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item PE25.1 and take the vote immediately.

Vote (End Debate) Mar-27-2018 9:41 PM

Result: Carried Two-Thirds Required - PE25.1 - Layton - End debate
Total members that voted Yes: 30 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Joe Cressy, Janet Davis, Frank Di Giorgio, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Hart, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Glenn De Baeremaeker, Michael Ford, Stephen Holyday, Josh Matlow, Anthony Perruzza
Total members that were Absent: 10 Members that were absent are Ana Bail„o, Gary Crawford, Vincent Crisanti, Justin J. Di Ciano, Sarah Doucette, Michelle Holland, Giorgio Mammoliti, Denzil Minnan-Wong, Cesar Palacio, Neethan Shan

Motion to Adopt Item (Carried)

Adoption of Parks and Environment Committee Recommendation 4:

 

4.  City Council direct that, as part of the requirements for a complete Committee of Adjustment application, applicants must submit a completed tree declaration form and include preliminary up-to-date coloured photos, a site plan outlining the "as-of-right" footprint, and tree details (diameter at breast height, tree species, and location) of all By-law protected trees located on site and within 6 metres of the site as part of the Committee of Adjustment application. All trees and tree protection zones must be identified on plans.

Vote (Adopt Item) Mar-27-2018 9:43 PM

Result: Carried Majority Required - PE25.1 - Adoption of Parks and Environment Committee Recommendation 4 only
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Shelley Carroll, Joe Cressy, Janet Davis, Glenn De Baeremaeker, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Hart, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Jaye Robinson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 11 Members that voted No are Christin Carmichael Greb, Josh Colle, Frank Di Giorgio, Michael Ford, Stephen Holyday, Jim Karygiannis, Norman Kelly, James Pasternak, Anthony Perruzza, David Shiner, Michael Thompson
Total members that were Absent: 10 Members that were absent are Ana Bail„o, Gary Crawford, Vincent Crisanti, Justin J. Di Ciano, Sarah Doucette, Michelle Holland, Giorgio Mammoliti, Denzil Minnan-Wong, Cesar Palacio, Neethan Shan

Motion to Adopt Item (Carried)

Adoption of the balance of the Item.

Vote (Adopt Item) Mar-27-2018 9:44 PM

Result: Carried Majority Required - PE25.1 - Adoption of the balance of the Item
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Michael Ford, James Pasternak, David Shiner
Total members that were Absent: 10 Members that were absent are Ana Bail„o, Gary Crawford, Vincent Crisanti, Justin J. Di Ciano, Sarah Doucette, Michelle Holland, Giorgio Mammoliti, Denzil Minnan-Wong, Cesar Palacio, Neethan Shan

PE25.1 - Tree Protection through the Committee of Adjustment Process

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Parks and Environment Committee recommends that:

 

1.  City Council direct the Acting Chief Planner and Executive Director, City Planning to ensure that members of the Committee of Adjustment and the Toronto Local Appeal Body are provided with the most up-to-date Council policies, such as Council's new front yard parking pad restrictions, to ensure that members of these quasi-judicial bodies are aware of the decisions of City Council regarding tree and forestry issues.

­­

2.  City Council amend the criteria of Committee of Adjustment and Toronto Local Appeal Body Panels to include knowledge of, and/or background in, urban forestry and environmental planning.

 

3.  City Council request the General Manager, Parks, Forestry and Recreation to provide annual training to Committee of Adjustment and Toronto Local Appeal Body members on tree By-law issues related to the Committee of Adjustment application process, and forestry issues to ensure that the members are educated regarding potential tree impacts with proposed front yard parking.

 

4.  City Council direct that, as part of the requirements for a complete Committee of Adjustment application, applicants must submit a completed tree declaration form and include preliminary up-to-date coloured photos, a site plan outlining the "as-of-right" footprint, and tree details (diameter at breast height, tree species, and location) of all By-law protected trees located on site and within 6 metres of the site as part of the Committee of Adjustment application. All trees and tree protection zones must be identified on plans.

 

5.  City Council require applicants, if approval has been granted for replacement trees, to provide photographic evidence of the replacement tree(s), two years post planting to the General Manager, Parks, Forestry and Recreation.

 

6.  City Council direct that City staff conducting site visits to sites with tree protection barriers be provided with an information sheet summarizing the types of tree stressors (including, but not limited to, bark damage, exposed roots, pruning, and prohibition of building materials within the tree protection zone), and that City staff conducting site visits report any activity within the tree protection zones of By-law protected trees in a timely manner to 311 for follow up by Urban Forestry Enforcement and Compliance Staff.

 

7.  City Council direct that 311 Toronto contact on-duty Parks, Forestry and Recreation staff when residents report damage to a tree that is occurring in progress, including tree protection barriers with urgent status.

 

8.  City Council direct that the City of Toronto's "Tree and Ravine Protection Permits" website be updated to include information relating to tree replacement, such as Parks, Forestry and Recreation's Tree Planting Brochure.

Decision Advice and Other Information

The Director, Urban Forestry, the Manager, Tree Protection and Plan Review, and the Acting Manager, Urban Forestry Policy and Planning, gave a presentation on Tree Protection through the Committee of Adjustment Process.

Origin

(December 13, 2017) Report from the General Manager, Parks, Forestry and Recreation

Summary

The purpose of this report is to provide a response to the motion adopted by City Council at its December 13, 14, and 15, 2016 meeting, requesting that the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, the Chief Building Official and Executive Director, Toronto Building, and the Chief Planner and Executive Director, City Planning, undertake a review of the Committee of Adjustment consent and minor variance review process as it relates to tree protection.

 

This report will comment on the existing processes Urban Forestry undertakes to review and comment on Committee of Adjustment applications, highlight potential process improvements concerning development impacts to trees, outline how tree protection is addressed through the Ontario Building Code permit review and issuance process, and provide information on training and education for City staff administering the City's tree protection By-laws and the Committee of Adjustment review process.

Background Information

(December 13, 2017) Report from the General Manager, Parks, Forestry and Recreation on Tree Protection through the Committee of Adjustment Process
https://www.toronto.ca/legdocs/mmis/2018/pe/bgrd/backgroundfile-111717.pdf
(February 23, 2018) Presentation from the General Manager, Parks, Forestry and Recreation on Tree Protection through the Committee of Adjustment Process
https://www.toronto.ca/legdocs/mmis/2018/pe/bgrd/backgroundfile-112920.pdf

Speakers

Councillor Paula Fletcher

Motions

Motion to Amend Item moved by Councillor Sarah Doucette (Carried)

1.  That City Council direct the Acting Chief Planner and Executive Director, City Planning to ensure that members of the Committee of Adjustment and the Toronto Local Appeal Body are provided with the most up-to-date Council policies, such as Council's new front yard parking pad restrictions, to ensure that members of these quasi-judicial bodies are aware of the decisions of City Council regarding tree and forestry issues.

­­

2.  That City Council amend the criteria of Committee of Adjustment and Toronto Local Appeal Body Panels to include knowledge of, and/or background in, urban forestry and environmental planning.

 

3.  That City Council request the General Manager, Parks, Forestry and Recreation to provide annual training to Committee of Adjustment and Toronto Local Appeal Body members on tree By-law issues related to the Committee of Adjustment application process, and forestry issues to ensure that the members are educated regarding potential tree impacts with proposed front yard parking.

 

4.  That City Council direct that, as part of the requirements for a complete Committee of Adjustment application, applicants must submit a completed tree declaration form and include preliminary up-to-date coloured photos, a site plan outlining the "as-of-right" footprint, and tree details (diameter at breast height, tree species, and location) of all By-law protected trees located on site and within 6 metres of the site as part of the Committee of Adjustment application. All trees and tree protection zones must be identified on plans.

 

5.  That City Council require applicants, if approval has been granted for replacement trees, to provide photographic evidence of the replacement tree(s), two years post planting to the General Manager, Parks, Forestry and Recreation.

 

6.  That City Council direct that City staff conducting site visits to sites with tree protection barriers be provided with an information sheet summarizing the types of tree stressors (including, but not limited to, bark damage, exposed roots, pruning, and prohibition of building materials within the tree protection zone), and that City staff conducting site visits report any activity within the tree protection zones of By-law protected trees in a timely manner to 311 for follow up by Urban Forestry Enforcement and Compliance Staff.

 

7.  That City Council direct that 311 Toronto contact on-duty Parks, Forestry and Recreation staff when residents report damage to a tree that is occurring in progress, including tree protection barriers with urgent status.

 

8.  That City Council direct that the City of Toronto's "Tree and Ravine Protection Permits" website be updated to include information relating to tree replacement, such as Parks, Forestry and Recreation's Tree Planting Brochure.

Source: Toronto City Clerk at www.toronto.ca/council