Application for Permit to Remove Trees

(Ward 15 - Scarborough City Centre)

The Scarborough Community Council recommends the adoption of the following report (January 4, 2000) from the Commissioner of Economic Development, Culture and Tourism:

Recorded vote on approval:

Yeas: Councillors Altobello, Ashton, Berardinetti, Cho, Duguid, Kelly, Soknacki -7

Nays: Councillors Balkissoon, Mahood, Tzekas -3

Decided in the affirmative by a majority of 4.

Purpose:

To inform, in accordance with By-Law No. 25150, being the By-Law for Protection and Conservation of Trees, adopted by the former City of Scarborough of the Proposal to remove trees at south-west corner of McCowan Road and Town Centre Court, Part of Block A, Registered Plan M-1410.

Financial Implications and Impact Statement:

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

Recommendations:

It is recommended that if Scarborough Community Council approves the request for the removal of 42 trees at the south-west corner of McCowan Road and Town Centre Court to permit residential development, such approval be conditional on:

(1) the trees in question not being removed until permitted construction related activities in accordance with plans approved under this application commence which warrant the destruction of the trees; and

(2) the applicant planting a minimum of one hundred and thirty-five (135) deciduous and fifty-five (55) coniferous trees in accordance with the landscape plans submitted and on file with the Commissioner of Urban Planning and Development Services.

Background:

On June 24, 1997, the former City of Scarborough Council passed the Tree Protection and Conservation By-Law No. 25150 to help preserve significant trees on private property. Under the By-Law, a Permit is required to injure, destroy or otherwise cause damage to any tree having a diameter of 30 centimetres or more, measured at 1.4 metres above ground level.

In 1987 and 1988, the T. Eaton Company and Wembley Green Estates (Tridel) submitted applications to the City of Scarborough to develop three (3) sites for residential purposes, as follows:

(a) the north-east corner of Brimley Road and Ellesmere Road;

(b) the south-east corner of Brimley Road and Triton Road; and

(c) the south-west corner of McCowan Road and Town Centre Court

(the subject site).

The applications coincided with the comprehensive property exchange, property conveyance and property purchase, resulting in the present City ownership of the majority of the City Centre woodlot.

At that time the Developer entered into a Section 36 Agreement with the City to provide, by either cash contributions or Letter of Credit, a range of Works or Facilities. A status of each follows:

Items Status

A pedestrian walkway structure over Completed

McCowan Road to the RT station

A pedestrian walkway through the City Exists currently; remains in natural state

woodlot from the McCowan and Ellesmere no surfacing to be done so that tree roots

intersection, to Borough Drive are protected

Street trees along Borough Drive, Brimley Trees planted on Ellesmere; remaining

Road, under and McCowan Road, and tree trees under implementation

planting in centre boulevard or Ellesmere Road

Daycare facilities for at least 50 children on Squirrels Nest Daycare - Completed

City-owned land within the southern part of the

City Centre.

On September 6, 1988, Scarborough Council granted Concept Approval to a Site Plan Control Application for all three (3) parcels. The approved Site Plan concept involved the removal of woodlot trees from the Tridel property at McCowan Road and Town Centre Court.

To this point in time, only the first phase of development on Brimley Road and Ellesmere Road site has occurred. The Site Plan Control Application for the McCowan Road and Town Centre Court site has been submitted and the Applicant has prepared a Tree Inventory Plan and A Tree Preservation Plan.

Comments:

We are in receipt of a request that the City consider the removal of forty-eight (48) trees with diameters of 30 centimetres at 1.4 metres above ground. Six (6) of those trees are in hazardous condition and exempt from Protection under the Provision of By-Law No. 25150 and no permit is required for their removal. In order to proceed with proposed development, the Applicant will have to remove thirty-four (34) additional trees, two of which are hazardous, with diameter of less than 30 centimetres at 1.4 metres above ground level. They are not protected by By-Law No. 25150.

The woodlot contains a mix of native hardwood species including sugar maple, oak and beech. It is the last remaining remnant of hardwood forest in this area in good condition considering the pressures it faces from abutting lands. This application concerns approximately 5 per cent of this woodlot.

The Applicant has submitted a Tree Preservation Plan indicating the establishment of a 6-metre buffer zone along the south boundary of the proposed development where eight (8) trees with the diameter of 30 centimetres and existing vegetation will remain undisturbed.

Prior to occupancy of the building, a 1.5 metre high chain link fence is scheduled to be constructed along the southern property line, to restrict access to the adjacent woodlot.

As required under Section 5.B of By-Law No. 25150, a "Notice" of Application Sign was posted on subject property on November 15, 1999, for the required minimum 14-day posting period, in order to notify the neighbourhood and provide an opportunity for objection to the Application. Six (6) written objections with eight (8) signatures were received in response to posting of the "Notice". Copies of these letters are attached.

The Applicant has submitted a Planting Plan indicating the planting of one hundred and thirty-five (135) deciduous and fifty-five (55) coniferous trees

Conclusions:

That this request for removal of forty-two (42) trees protected by By-Law No. 25150 and situated on private property is in accordance with the conceptual Site Plan approval granted by Scarborough Council on September 6, 1988 and should be approved.

Contact:

Tom Tusek

Manager

Technical Services and Urban Forestry, East District

Tel : 396-7377

Fax : 396-4248

e-mail : tusek@toronto.ca

_________

A copy of the six written objections referred to in the aforementioned report was provided to all Members of the Scarborough Community Council and a copy thereof is on file in the Office of the City Clerk, Scarborough Civic Centre.

_________

Mr. Carl Januszczak, representing Ostra Investment Inc., appeared before the Community Council in connection with the foregoing matter.