October 26, 1998

To:Scarborough Community Council

From:Gary Stoner, Director, East Region Parks and Recreation Department

Subject:Private Tree Removal - Reznick Construction, Draft Plan Of Subdivision T84021, North Side Of Lawrence Avenue East, West Of Megan Avenue

Purpose:

An application for a permit to remove thirty-one trees 30 centimetres in diameter on private property has been filed by Mr. Samuel Reznick, owner of the north side of Lawrence Avenue, west of Megan Avenue, Scarborough, Ontario under Draft Plan of Subdivision Application T84021, to allow for the construction of a new subdivision. Under the provisions of the City of Scarborough Tree Protection and Conservation By-Law No. 25150, a permit is required to remove trees 30 centimetres in diameter or greater, generally in good condition, on private property.

Funding Sources, Financial Implications and Impact Statement:

There is no funding required.

Recommendations:

It is recommended that City Council:

(1) refuse to issue a permit to remove the subject trees;

(2)defer the decision to issue or deny a permit for the removal of trees until such time that the grading plans have been reviewed in concert with the tree preservation plan; or

(3)issue the permit to remove the subject trees conditional on the trees in question not being removed until permitted construction-related activities in accordance with plans approved commence, and subject to compensation being provided in the form of thirty-one 80 millimetre caliper trees planted on the site.

Council Reference/Background/History:

On September 16, 1997, Scarborough Council adopted the report prepared by the Commissioner of Planning and Buildings recommending the approval of Proposed Draft Plan of Subdivision T84021, Reznick Construction Limited subject to twelve conditions. Condition 9 reads as follows:

"9. Prior to the registration of the plan and lot grading, the owner shall submit

a final tree inventory report identifying all trees within the plan of subdivision

which can be preserved and the methods for protecting same, for the approval

of the Director of Community Planning, East District, in consultation with the

Toronto Recreation, Parks and Culture Department."

A tree inventory was submitted by Strybos Associates, identifying those trees on the site which met the criteria of the Tree Protection and Conservation By-Law # 25150. Other conditions require Toronto and Region Conservation Authority and City Works approval of grading plans. The consulting engineer advises that "first submission" has been made to City Works and received comments. Documents have not been filed with the Toronto Region Conservation Authority.

The thirty-one trees in question include Sugar Maple, Black Cherry, Norway Spruce, White Spruce, and White Birch and are thirty centimetres in diameter or greater, in generally good condition. All thirty-one trees require a permit and the consent of City Council for removal. The plan submitted by Strybos Associates on behalf of Reznick Construction, indicates that the trees must be removed in order to facilitate construction of the new subdivision. The trees in question are too large to permit relocation.

Conclusion:

As required under the provisions of the City of Scarborough Tree Protection and Conservation By-Law # 25150, a notice of application sign was posted on the property for the required fourteen day posting period, in order to provide the community with an opportunity to object to the removal of trees. At the time of this report, there were two submissions objecting to the removal of trees received in response to the notice of application (attached).

Under the provisions of the Scarborough Tree By-Law # 25150, Section 6 (E) "where an objection is received, the Commissioner shall refuse to issue a permit and shall prepare and forward a report to the next...committee meeting."

Should Community Council recommend that the request to remove the subject trees be granted, such approval should meet the conditions outlined in the above recommendations.

Contact Name:

Victoria Jeffery

Telephone:(416) 396-8733

Facsimile:(416) 396-5399

e-mail:jefferyv@city.toronto.on.ca

Joe Halstead

Commissioner

Economic Development, Culture and Tourism