Item - 2023.PH8.6

The Planning and Housing Committee recommends that:

1. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks Forestry and Recreation to review the Official Plan policies with respect to protection of existing trees and expansion of tree canopy when permitting infill housing and report back to the Planning and Housing Committee on potential updates to the Official Plan policies by the fourth quarter of 2024.

2. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks Forestry and Recreation, to review the city-wide Zoning By-law 569-2013 for opportunities to further support, protect, and enhance growing space for tree growth, including a review of the definitions of landscaping and soft landscaping and landscaping regulations in low-rise residential zones, and report back to the Planning and Housing Committee on opportunities to update the Zoning By-law by the fourth quarter of 2024.

3. City Council amend its previous direction 2018.PE25.1 respecting the requirements for a complete Committee of Adjustment application, by removing the site plan outlining the "as-of-right" footprint requirement, and only require applicants to submit:

a. a completed tree declaration form;

b. up-to-date colour photos showing the entire front and rear yard of the site regardless of if there are trees, and up-to-date colour photos of all By-law protected trees located on the site and within 6m of the site (12m with Ravine and Natural Feature Protected Areas); and

c. plans showing the location of all By-law protected trees and tree protection zones, with species and diameter of each By-law protected tree at breast height indicated.

4. City Council request the Chief Planner and Executive Director, City Planning and the General Manager, Parks Forestry and Recreation in consultation with the Chief Building Official, Toronto Building and the City Solicitor to complete a review of Committee of Adjustment application requirements, as well as the review and commenting practices in order to enhance tree protection and enhancement of growing space for trees and report back to the Planning and Housing Committee by the fourth quarter of 2024.

5. City Council request the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Parks, Forestry and Recreation, to continue to monitor for tree impacts resulting from laneway suites, garden suites, multiplex dwellings and other residential building types permitted as part of the monitoring programs for the Expanding Housing Options in Neighbourhoods initiative.

6. City Council request the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, to review whether amendments to existing policies or by-laws or a new policy or municipal by-law may be recommended in addition to the review arising from Recommendations 1 and 2 above pursuant to Section 212(1)9 of the City of Toronto Act, 2006.

7. City Council request the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation to consult with relevant stakeholders in responding to the recommendations of the report (November 15, 2023) from the Chief Planner and Executive Director, City Planning and the Acting Manager, Parks, Forestry and Recreation.

8. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation, to investigate the comparative impacts of other low-rise, as-of-right development on the city’s tree canopy and include this information in the report back in the fourth quarter of 2024.
 

9. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation, as part of report-back on the monitoring of laneway suites, garden suites, multiplex, and other Expanding Housing Options in Neighbourhoods (EHON) development types, to examine the extent to which the need for permits from Urban Forestry may have prevented building permit applications from moving forward.
 

10. City Council request the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation, undertake best efforts to coordinate the report back on Expanding Housing Options in Neighbourhoods (EHON) monitoring outcomes and the report back on strategies to protect and enhance the city’s tree canopy so that the Committee might consider these reports together.

This report responds to a Council direction to identify potential strategies to protect and enhance the city's tree canopy and growing space for trees, while also supporting infill housing growth in Toronto's low-rise neighbourhoods.

Trees are a critically important asset to address the climate and biodiversity crisis and concurrently contribute to provide the development of attractive and desirable neighbourhoods. New infill housing will help address Toronto's current housing challenges but has the potential to negatively impact the tree canopy and reduce the amount of suitable growing space for trees if proactive solutions are not implemented.

The City has been proactive in its requirements for protection of trees and growing space. Toronto has one of the strongest suites of tree protection by-laws in North America and has comprehensively addressed tree protection in the Official Plan amendments related to provision of garden suites, laneway suites and multiplex housing. The City must continue to be proactive and innovative in supporting and expanding its tree canopy and growing space while supporting opportunities for infill residential development, as both are critical in responding to the current climate emergency.

This report highlights the existing policy and regulatory framework, past studies and proactive solutions underway. It also identifies proposed strategies related to protection and enhancement of tree canopy and growing space under the City's Official Plan and Zoning By-law; practices in administering Committee of Adjustment applications and tree by-laws; and monitoring of impacts to trees from infill housing development enabled by the City's Expanding Housing Options in Neighbourhoods (EHON) initiative. Specifically, these strategies include:

i. review of Official Plan policies with respect to protection of existing trees and expansion of tree canopy when permitting infill housing;

ii. review of the city-wide Zoning By-law for opportunities to further support protection and enhancement of growing space for trees, including a review of the definitions of landscaping and soft landscaping and landscaping regulations in low-rise residential zones;

iii. review and modification of Committee of Adjustment existing minor variance and consent to sever application requirements to support tree protection;

iv. comprehensive evaluation of internal review and commenting practices for Committee of Adjustment minor variance and consent applications, with specific regard to tree protection and canopy enhancement, with process improvements to follow;

v. continued monitoring of tree impacts resulting from Expanding Housing Options in Neighbourhoods (EHON) related development;

vi. follow-up inspections when a tree permit has been issued; and

vii. enhanced enforcement of tree by-laws.