CITY CLERK. Removal and Injury of Private Trees - 8 Spadina Road (Trinity-Spadina, Ward 20)

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1 CITY CLERK Clause embodied in Report No. 1 of the, as adopted by the Council of the City of Toronto at its meeting held on January 30, 31 and February 1, Removal and Injury of Private s - 8 Spadina Road (Trinity-Spadina, Ward 20) (City Council at its meeting held on January 30, 31 and February 1, 2001, adopted the following recommendations: It is recommended that Recommendation No. (1) embodied the report dated December 1, 2000, from the Commissioner of Economic Development, Culture and Tourism, as embodied in the Clause, be adopted subject to the following: (1) saving two White Elms by adhering to establishing the maximum tree protection zone, without any change to the site plan; (2) replacing three Honey Locusts with three Silver Maples; (3) replacing 15 Norway Maples with 10 Silver Maples; and (4) planting Red Maples, instead of the Pear s proposed, within the courtyard and at the west property line of the site. ) The submits this matter to Council without recommendation. The reports, for the information of Council, having requested the Commissioner of Economic Development, Culture and Tourism, in consultation with the City s Advocate, to report directly to Council on: (1) how to ensure the two white elm trees are not seriously injured, including an assurance of their survival; (2) the possibility of planting full canopy trees instead of the columnar Norway Maple, Pear and Honey Lotus; and (3) the possibility of planting larger trees, if feasible. The submits the following report (December 1, 2000) from the Commissioner, Economic Development, Culture and Tourism:

2 2 Purpose: A request has been filed under the provisions of City of Toronto Municipal Code, Chapter 331, s, Article III, for permission to remove four trees and injure two trees situated on private property. The request has been received in connection with Site Plan Approval Application No The request has been filed by Ms. Belinda Morale, Brown, Dryer, Karol, Barristers & Solicitors, 5075 Yonge Street, Suite 900, Toronto, M2N 6C6, agent for the owner of the subject property, Mr. Marty Schmerz, Exeter Developments, 70 East Beaver Creek Road, Unit 2, Richmond Hill, Ontario L4B 1G6. Financial Implications and Impact Statement: There are no financial implications resulting from the adoption of this report. Recommendations: It is recommended that: (1) if tree removal and injury is approved, it should be conditional on: (a) (b) (c) the trees in question not being removed until permitted construction and/or demolition related activities in accordance with plans approved under Site Plan Approval Application No commence which warrant the destruction of the trees; the applicant planting replacement trees to the satisfaction of the Commissioner Economic Development, Culture and Tourism; the applicant furnishing a two year renewable guarantee for the proposed tree plantings. OR (2) deny the request for tree removal and tree injury. Background: This request for tree removal has been received in connection with Site Plan Approval Application No which is a proposal to facilitate the development of twenty-four town homes. Comments: We are in receipt of a request from Ms. Belinda Morale, Brown, Dryer, Karol, Barristers & Solicitors, 5075 Yonge Street, Suite 900, Toronto, M2N 6C6, agent for the owner of the subject property, that the City consider the removal of four privately owned trees, and injury to two privately owned trees.

3 3 Protected s That Will Be Injured By Proposed Development Species Diameter Condition 1. White elm (located on private property of 8 Spadina Road) 37 Fair 2. White elm (located on private property of 8 Spadina Road) 30 Fair Protected s Requiring Removal for Proposed Development Species Diameter Condition 3. Mulberry (located on private property of 8 Spadina Road) 33 Fair 4. Ailanthus (located on private property of 14 Spadina Road) 38 Fair 5. Mulberry (located on private property of 10 Spadina Road) 68 Fair 6. Mulberry (located on private property of 10 Spadina Road) 59 Fair The removal of the privately owned trees and injury to the privately owned trees requires the approval of City Council. The proposed development in its present form precludes the retention of tree s #3, 4, 5 and 6 and will result in injury to tree s #1 and 2. The construction of the town home proposed for the southwest corner of the site will significantly impact the health of two privately owned white elm trees. In order to adequately protect the two elm trees during construction, the unit proposed for the southwest corner of the site would have to be eliminated to allow for the creation of a tree protection zone. This information was relayed to the applicant s agent prior to the submission of the application for injury and destruction of trees on private property. The excavation required for the north row of town homes combined with the crown pruning required to provide clearance for the above ground portion of the proposed town homes is in direct conflict with tree s #3, 4, 5 and 6. The removal of tree s #3, 4, 5 and 6 is required to accommodate the development in its present form. The landscape plan, which has been filed with the development application for this site, indicates the planting of fifteen columnar Norway maples and four red oaks along the southern property line of the site. Two Crimson Sentry Norway maples are proposed for planting near the Spadina flank of the property along with numerous ornamental plantings. The applicant has indicated that they are negotiating with adjacent property owners with respect to planting five honey locust trees and four red maple trees on the private property of these adjacent properties. At the time this report was written, the results of the negotiations had not been received by Forestry Services staff. As required under Section B. of Municipal Code Chapter 331, Article III, a Notice of application sign was posted on the subject property for the required minimum fourteen day posting period, in order to notify the neighbourhood and provide an opportunity for objection to the application. Five letters of objection and two petitions (Attachments No. 1 to 6), one with one hundred and fifty-five signatures, the other with seventy-three signatures, were received in response to the application to remove the private trees in question. Copies of these letters have been forwarded to the Community Council Secretary for the Community Council to review.

4 4 Conclusions: If recommends that the request to remove and injure the trees in question be approved, such approval should meet the conditions as set out in the recommendations. Healthy trees are valuable assets to the quality of life in a community, and all neighbourhoods residents have a stake in their preservation. Contact: Andrew Pickett Urban Forestry Planner Tel: Fax: apickett@city.toronto.on.ca (Copies of Attachments 1 7, referred to in the foregoing report, were forwarded to all Members of the with the agenda for its meeting on January 16, 2001, and a copy thereof is on file in the office of the City Clerk.) The following persons appeared before the Toronto Community Council in connection with the foregoing matter: - Ms. Fanny Patterson, Toronto; - Ms. Katja Mucks, Toronto; - Mr. David Hudon, Toronto; and - Mr. Adam Brown, Brown, Dryer, Karol, Barristers and Solicitors, obo the applicant. (City Council on January 30, 31 and February 1, 2001, had before it, during consideration of the foregoing Clause, the following report (January 26, 2001) from the Commissioner of Economic Development, Culture and Tourism: Purpose: The, at their meeting of January 16, 2001, considered a report from the Commissioner, Economic Development, Culture and Tourism, regarding the removal and injury of private trees at 8 Spadina Road. requested that the Commissioner of Economic Development, Culture and Tourism report directly to Council on the requirements for protecting two privately owned white elm trees, and the possibility of planting full canopy and larger replacement trees. Financial Implications and Impact Statement: There are no financial implications resulting from the adoption of this report.

5 5 Recommendations: It is recommended that this report be received for information. Background: This request for tree removal and injury has been received in connection with Site Plan Approval Application No which is a proposal to facilitate the development of twenty-four town homes. The, at their meeting of January 16, 2001, considered a report from the Commissioner, Economic Development, Culture and Tourism, regarding the removal and injury of private trees at 8 Spadina Road. The matter was submitted to City Council without recommendation and the Commissioner of Economic Development, Culture and Tourism, was requested to report directly to City Council in consultation with the City's Advocate on: (a) (b) (c) how to ensure the two white elm trees are not seriously injured, including an assurance of their survival; the possibility of planting full canopy trees instead of the columnar Norway maple, pear and honey locust; and the possibility of planting larger trees, if feasible Comments: Protection: Located near the southwest portion of 8 Spadina Road are two privately owned white elm trees that are 30 and 37 centimetres in diameter. In order to ensure that the two elm trees are not seriously injured during construction, a tree protection zone would need to be established to protect their crowns and root systems. A minimum tree protection zone would require the installation of a plywood hoarding fence around the trees to create a no work zone. The fence would need to be 2.4 metres in height and constructed at a distance of 2.4 metres away from the trees in the north, east and southerly directions. All construction activity including grade change, surface treatment or excavation would be prohibited within the tree protection zone. To assure the survival of the two elm trees, the tree protection zone must remain undisturbed at all times. It is important to note that establishment of a tree protection zone as described above would require the elimination of one housing unit at the southwest corner of the site. Planting: The opportunity exists for planting of more full canopied trees instead of the Columnar Norway maple, pear and honey locust trees currently proposed by the developer. It is my understanding that the honey locust trees proposed for planting on the properties to the north of 8 Spadina Road were requested by persons associated with the Toronto Library Board and therefore

6 6 changes to the proposed trees species would be subject to the approval of the adjacent property owners. The applicant is also proposing to plant 4 red maple trees on the private property to the west of the subject site. The developer has proposed to plant 4 red oak trees and 15 columnar Norway maple trees along the south property line of the subject site. If the columnar Norway maples are eliminated, the site could accommodate 6 large growing shade trees (e.g. silver or red maple), in addition to the 4 red oak trees. In total, 10 large growing, full canopy trees could be planted along the south property line of the site. A reduction in the total number of trees from 19 to 10 is reflective of the existing site limitations, and the area that is required to enable the trees to achieve full crown development and their natural form. The landscaping proposed for the Spadina flank of the development includes 2 Crimson Sentry Norway maple trees, 4 Chanticleer pear trees and numerous ornamental planting. The 4 proposed pear trees could be replaced with 4 large growing, full canopy shade trees (e.g. ash, oak or red maple). Size of s: It would be possible to plant larger caliper trees (e.g. 100 mm or larger) on the Spadina flank and along the south property line of the subject site. The existing site conditions and access constraints would not allow for larger caliper trees to be planted on the adjacent properties to the north and west of the subject site. Conclusions: Survival of the two white elm trees can be assured if the tree protection zone as described above is implemented and remains in place for the duration of all construction. Establishment of the tree protection zone would result in elimination of one housing unit at the southwest corner of the site. The possibility exists for the planting of large growing, full canopy trees both on the site and on adjacent properties provided the owners of those properties agree to the planting. Larger caliper trees can also be accommodated on the Spadina flank and the south property line of the development site. A legal undertaking should be entered into with the developer and the City to ensure that all newly planted trees will remain until they attain a size that warrants their protection under the City s private tree bylaw. The undertaking would also require any newly planted trees to be replaced if they become unhealthy and require removal. Contact: Richard Ubbens, R.P.F City Forester Tel: Fax: rubbens@city.toronto.on.ca)