March 7, 2000

To: Scarborough Community Council

From: H.W.O. Doyle, City Solicitor

Subject: Tree Removal on Private Property, North Star Developments,

Formerly Known as Reznick Construction, on the North Side

of Lawrence Avenue, West of Megan Avenue

Scarborough Highland Creek

Purpose:

To advise Scarborough Community Council on comments from the Economic Development, Culture & Tourism, Urban Development Services and Works & Emergency Services Departments with respect to recommendations contained in a letter dated February 15, 2000 from William A. Dempsey.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendations:

That this report be received for information.

Background:

The Scarborough Community Council, at its meeting held on February 15, 2000, referred the communication (February 15, 2000) from Mr. William A. Dempsey, Centennial Community and Recreation Association, to the City Solicitor requesting co-ordination of a report containing comments on the following recommendations embodied therein from the Commissioner of Economic Development, Culture and Tourism and the Commissioner of Urban Development Services and submit such report to the Community Council meeting scheduled to be held on March 23, 2000:

"(1) that consideration be given to the designation of a width of uncultivated land beside trees protected from removal by the Tree By-law, particularly along the rear boundaries of relevant properties;

(2) that such uncultivated space be designated "woodland natural preserve"; and

(3) that the uncultivated space remain in the ownership of the lot owner."

Staff from the Urban Forestry Section, the City Planning Division, the Technical Services Division of Works & Emergency Services Department and the Legal Division met to review the recommendations contained in the communication (February 15, 2000) from Mr. William A. Dempsey, Centennial Community & Recreation Association to review the tree preservation plan and to find solutions to preserve the mature trees located along the southerly most limit of the plan of subdivision.

Comments:

The proposed plan of subdivision received draft plan approval on November 27, 1997 and By-law No. 37-2000 enacted by Council at its meeting held on February 1,2 and 3, 2000, zoned the property for residential uses and implements the draft plan of subdivision.Until recently, no action has been taken to fulfill the conditions of draft approval and proceed to subdivision registration. The property has recently been acquired by Frank Dodaro, who intends to develop the property and has been cooperating with staff to preserve the existing trees and minimize the loss of existing trees. The new owner has agreed to implement measures to protect the trees during the construction period and has agreed to plant a minimum of thirty new large caliper trees each with a trunk diameter of 80mm. The owner has agreed to post a letter of credit with the City in the amount of $10,000.00 for a period of up to two years to guarantee performance.

Staff have reviewed the recommendations set out in Mr. Dempsey's communication and are of the opinion that while a new designation of "woodland natural preserve" may have merit, it would not be appropriate in this situation. Scarborough does not have such a designation and to establish such a new designation would require review and may have city-wide implications. Staff have concluded that it should not be applied on an ad-hoc basis in view of the fact that the development lands are zoned and the plan of subdivision has received draft approval. Furthermore, merely designating the lands as "woodland natural preserve" would not serve to protect the trees as the owner of the land could still remove the trees. A designation does not serve to protect trees whereas the tree by-law, by including standards, criteria and enforcement mechanisms serves to protect and conserve the trees. Staff have reviewed the tree preservation plan submitted and note that the mature trees located along the southerly boundary of the development lands appear to be located on adjacent lands known as 4346, 4350 and 4354 Lawrence Avenue East which are not owned by the developer. Accordingly, the developer is limited in actions which he could take to preserve these trees. Staff considered the tools available to the City and the developer to protect and preserve the trees. The following measures will be considered and included in the subdivision agreement, if appropriate

:q the subdivision agreement will require approval of a tree preservation plan and measures designed to protect the trees during the construction process to the satisfaction of the City Forester including the posting of adequate securities to guarantee the protection of the trees.

q the engineering drawings indicate a swale located 6 metres from the rear lot line whereas the usual location for a rear yard swale is one metre from the property line to the centreline of the swale. This swale will serve to protect the trees. Any such uncultivated space may have a direct impact on the ability of the swale to drain standing water from this area

.q since the trees are not located on the subdivision land, the developer will be required to install a chain link fence at the rear of the subdivision to protect the trees from destruction by the individual lot owner to the satisfaction of the City Forester. The fence will hopefully serve to protect the trees from removal by the lot owners and prevent damage by discouraging the installation by the lot owners of a more instrusive form of fencing.

q the Tree Preservation By-law will apply to protect the trees on 4346, 4350 and 4354 Lawrence Avenue East. The property owner must comply with its requirements

.Conclusions:

Staff have reviewed the circumstances and have presented suggestions for preserving the trees. This report was prepared in consultation with staff from the Parks and Recreation's Urban Forestry Section, the Planning Division and Technical Services Division.

Contact: Anna Kinastowski

Director

Planning & Administrative Tribunal Law

Legal Services

Tel: (416) 392-0080

Fax: (416) 397-4420

H.W.O. Doyle

City Solicitor

Legal Services