Item - 2015.PE8.5
Tracking Status
- City Council adopted this item on December 9, 2015 with amendments.
- This item was considered by the Parks and Environment Committee on November 23, 2015 and adopted without amendment. It will be considered by City Council on December 9, 2015.
- See also By-laws 1327-2015, 99-2016
PE8.5 - Revisions to the Tree By-laws
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on December 9 and 10, 2015, adopted the following:
1. City Council direct that the revisions to Municipal Code, Chapter 813, Trees Article II, Trees on City Streets, ensure that the existing process for Councillor consultation is maintained.
2. City Council authorize the City Solicitor to introduce Bills amending Chapter 813, Trees and Chapter 658, Ravine and Natural Feature Protection, of the City of Toronto Municipal Code, substantially in accordance with the report and Attachment 1 (November 3, 2015) from the General Manager, Parks, Forestry and Recreation including such technical and stylistic amendments as may be deemed necessary by the City Solicitor, as amended by Part 1 above.
3. City Council request the General Manager, Parks, Forestry and Recreation to recommend conditions of approval to provide appropriate tree protection for all Committee of Adjustment applications prior to the Committee hearing dates and when this is not possible, to continue the practice of requesting that the Committee make its decision conditional on Urban Forestry approval.
4. City Council request the General Manager, Parks, Forestry and Recreation to report back in 2017 on the impact of the revisions to the Tree By-laws; such report to include the impact on permit wait times, on enforcement actions and the integration of tree removal requests with the planning process and to include recommendations on improvements to Urban Forestry service standards.
5. City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Chief Planner and Executive Director, City Planning and the Chief Building Official and Executive Director, Toronto Building, to develop and implement a plan to better integrate tree protection into the development review process and building permit review process; such plan to include, among other things:
a. specific recommendations to directly incorporate tree by-law-related considerations into the development review process empowered through the Planning Act, including minor variance, consent and site plan applications, zoning by-law and Official Plan amendments and the building permit review process empowered by the Ontario Building Code and Zoning By-law; and
b. a detailed communication strategy to help the public to navigate the tree by-laws and the relationship between the tree by-laws and the development review process; the building permit review process, in particular the criteria upon which permits to injure or destroy trees may be issued or refused; and the public notice of application process.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2015/pe/bgrd/backgroundfile-86018.pdf
(November 3, 2015) Report and Attachment 1 from the General Manager, Parks, Forestry and Recreation on Revisions to the Tree By-laws
https://www.toronto.ca/legdocs/mmis/2015/pe/bgrd/backgroundfile-85540.pdf
Communications (Committee)
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57623.pdf
(December 3, 2015) Letter from David Fleming, Executive Secretary, Swansea Area Ratepayers' Group (SARG) and on behalf of the Swansea Area Ratepayers' Association (SARA) (CC.Supp.PE8.5.3)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57642.pdf
(December 6, 2015) Letter from Timothy Dobson, Chair, Lakeshore Planning Council Corp. (CC.Supp.PE8.5.4)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57665.pdf
(December 6, 2015) E-mail from Ted Mann (CC.Supp.PE8.5.5)
(December 6, 2015) E-mail from Jim Baker, President, Avenue Road Eglinton Community Association (ARECA) (CC.Supp.PE8.5.6)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57667.pdf
(December 7, 2015) Letter from Polly Wells, Chair, Parks and Trees Committee, Annex Residents Association (CC.Supp.PE8.5.7)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57655.pdf
(December 4, 2015) Letter from Monty McDonald, Bayview Village Association, Environmental Committee Chair (CC.Supp.PE8.5.8)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57656.pdf
(December 7, 2015) E-mail from John Cary, President, Mimico Residents Association (CC.Supp.PE8.5.9)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57677.pdf
(December 7, 2015) Letter from Pauline Noonan, Director - Beautification, West Lansing Homeowners Association (CC.Supp.PE8.5.10)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57678.pdf
(December 7, 2015) E-mail from Frumie Diamon, on behalf of Palmerston Area Residents Association (CC.Supp.PE8.5.11)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57679.pdf
(December 7, 2015) E-mail from T. J. D. West, President, Don Mills Residents Inc. (CC.Supp.PE8.5.12)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57680.pdf
(December 7, 2015) Letter from Geoff Kettel and Carol Burtin Fripp, Co-Presidents, Leaside Property Owners Association Incorporated (CC.Supp.PE8.5.13)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57681.pdf
(December 8, 2015) E-mail from John Garrett (CC.New.PE8.5.14)
(December 8, 2015) Letter from Eileen Denny, President and Hilde Reis-Smart, Secretary, Teddington Park Residents Association Inc. (CC.New.PE8.5.15)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57738.pdf
(December 9, 2015) Letter from E. L. Cramp (CC.New.PE8.5.16)
(December 9, 2015) Letter from John Caliendo and Ian Carmichael, Co-presidents, ABC Residents Association (ABCRA) (CC.New.PE8.5.17)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57799.pdf
(December 9, 2015) E-mail from Mary and Michael Korda (CC.New.PE8.5.18)
Motions (City Council)
That:
1. City Council request the General Manager, Parks, Forestry and Recreation to recommend conditions of approval to provide appropriate tree protection for all Committee of Adjustment applications prior to the Committee hearing dates and when this is not possible, to continue the practice of requesting that the Committee make its decision conditional on Urban Forestry approval.
2. City Council direct that the proposed revisions to the Street Tree By-law, Municipal Code, Chapter 813, Article II, ensure that the existing process for Councillor consultation is maintained.
Vote (Amend Item) Dec-10-2015 6:21 PM
| Result: Carried | Majority Required - PE8.5 - Filion - motion 1 |
|---|---|
| Total members that voted Yes: 36 | Members that voted Yes are Paul Ainslie, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Karygiannis, Norman Kelly, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 1 | Members that voted No are Stephen Holyday |
| Total members that were Absent: 8 | Members that were absent are Maria Augimeri, Ana Bailão, Michelle Berardinetti, Gary Crawford, Rob Ford, Mike Layton, Giorgio Mammoliti, James Pasternak |
That City Council request the General Manager, Parks, Forestry and Recreation to report back to Council through the Parks and Environment Committee by the third quarter of 2016 on the feasibility, merits and risks of modifying the private tree by-law in a manner consistent with the policy of the City of Mississauga, which permits the removal of 1 or 2 trees per year by a homeowner.
Vote (Amend Item (Additional)) Dec-10-2015 6:22 PM
| Result: Lost | Majority Required - PE8.5 - Holyday - motion 2 |
|---|---|
| Total members that voted Yes: 8 | Members that voted Yes are Christin Carmichael Greb, Vincent Crisanti, Frank Di Giorgio, Stephen Holyday, Jim Karygiannis, Denzil Minnan-Wong, Frances Nunziata (Chair), Kristyn Wong-Tam |
| Total members that voted No: 29 | Members that voted No are Paul Ainslie, Jon Burnside, John Campbell, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory |
| Total members that were Absent: 8 | Members that were absent are Maria Augimeri, Ana Bailão, Michelle Berardinetti, Gary Crawford, Rob Ford, Mike Layton, Giorgio Mammoliti, James Pasternak |
Vote (Amend Item (Additional)) Dec-10-2015 6:23 PM
| Result: Lost | Majority Required - PE8.5 - Holyday - motion 2 - REVOTE |
|---|---|
| Total members that voted Yes: 7 | Members that voted Yes are Christin Carmichael Greb, Vincent Crisanti, Frank Di Giorgio, Stephen Holyday, Jim Karygiannis, Denzil Minnan-Wong, Frances Nunziata (Chair) |
| Total members that voted No: 30 | Members that voted No are Paul Ainslie, Jon Burnside, John Campbell, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that were Absent: 8 | Members that were absent are Maria Augimeri, Ana Bailão, Michelle Berardinetti, Gary Crawford, Rob Ford, Mike Layton, Giorgio Mammoliti, James Pasternak |
That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 2 by Councillor Holyday.
That City Council request the General Manager, Parks, Forestry and Recreation to report back in 2017 on the impact of the revisions to the Tree By-laws; such report to include the impact on permit wait times, on enforcement actions and the integration of tree removal requests with the planning process and to include recommendations on improvements to Urban Forestry service standards.
Vote (Amend Item (Additional)) Dec-10-2015 6:24 PM
| Result: Carried | Majority Required - PE8.5 - McMahon - motion 3 |
|---|---|
| Total members that voted Yes: 37 | Members that voted Yes are Paul Ainslie, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 8 | Members that were absent are Maria Augimeri, Ana Bailão, Michelle Berardinetti, Gary Crawford, Rob Ford, Mike Layton, Giorgio Mammoliti, James Pasternak |
That City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Chief Planner and Executive Director, City Planning and the Chief Building Official and Executive Director, Toronto Building, to develop and implement a plan to better integrate tree protection into the development review process and building permit review process; such plan to include, among other things:
a. specific recommendations to directly incorporate tree by-law-related considerations into the development review process empowered through the Planning Act, including minor variance, consent and site plan applications, zoning by-law and Official Plan amendments and the building permit review process empowered by the Ontario Building Code and Zoning By-law; and
b. a detailed communication strategy to help the public to navigate the tree by-laws and the relationship between the tree by-laws and the development review process; the building permit review process, in particular the criteria upon which permits to injure or destroy trees may be issued or refused; and the public notice of application process.
Vote (Amend Item) Dec-10-2015 6:25 PM
| Result: Carried | Majority Required - PE8.5 - Robinson - motion 4 |
|---|---|
| Total members that voted Yes: 36 | Members that voted Yes are Paul Ainslie, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 1 | Members that voted No are Denzil Minnan-Wong |
| Total members that were Absent: 8 | Members that were absent are Maria Augimeri, Ana Bailão, Michelle Berardinetti, Gary Crawford, Rob Ford, Mike Layton, Giorgio Mammoliti, James Pasternak |
PE8.5 - Revisions to the Tree By-laws
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Committee Recommendations
The Parks and Environment Committee recommends that:
1. City Council authorize the City Solicitor to introduce Bills amending Chapter 813, Trees and Chapter 658, Ravine and Natural Feature Protection, of the City of Toronto Municipal Code, substantially in accordance with the report and Attachment 1 (November 3, 2015) from the General Manager, Parks, Forestry and Recreation including such technical and stylistic amendments as may be deemed necessary by the City Solicitor.
Origin
Summary
City of Toronto Municipal Code, Chapter 813, Trees, provides for the protection of City-owned street trees of all diameters and trees on private property having a diameter of 30 cm or greater. City of Toronto Municipal Code, Chapter 658, Ravine and Natural Feature Protection, provides for the protection of all trees and natural features in designated areas of the city, collectively referred to as the tree by-laws.
Revisions to the tree by-laws were last approved by City Council at its meeting on November 29, 30 and December 1, 2011, and included new and revised definitions, harmonization of language between by-laws and process clarification. Since 2013, City Council and the Parks and Environment Committee have requested a review of various aspects of the tree by-laws including; options to incorporate evidence-based decision making, improvements to enforcement and transparency and information on the feasibility of excluding certain land types from by-law exception categories. In addition, a recent review of tree by-law administration has identified areas where refinement is needed to improve by-law effectiveness, allow for better customer service and reduce service delays.
This report presents proposed amendments to the tree by-laws and responds to the various City Council and Committee requests for information. Proposed by-law amendments will enhance enforcement, facilitate the issuance of permits, include new procedures related to boundary trees, clarify processes and add new and revised definitions. It is expected that the proposed amendments, identified in this report, will strengthen the by-laws and provide mechanisms to improve customer service, improve response times and enhance enforcement and transparency.
The report also presents a discussion of items that were considered in accordance with various City Council and Committee requests. These discussions are provided for information and have not resulted in any proposed by-law amendments.
Background Information
https://www.toronto.ca/legdocs/mmis/2015/pe/bgrd/backgroundfile-86018.pdf
(November 3, 2015) Report and Attachment 1 from the General Manager, Parks, Forestry and Recreation on Revisions to the Tree By-laws
https://www.toronto.ca/legdocs/mmis/2015/pe/bgrd/backgroundfile-85540.pdf
Communications
Speakers
Councillor Jaye Robinson