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HomeMy WebLinkAboutPSD-055-16Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 12, 2016 Report Number: PSD-055-16 Resolution: File Number: PLN 17.1.10 By-law Number: Report Subject: Tree Protection and Planning Applications in Urban Areas Recommendations: 1.That Report PSD-055-16 be received for information; and 2.That all interested parties listed in Report PSD-055-16 and any delegations be advised of Council’s decision. Municipality of Clarington Report PSD-055-16 Page 2 Report Overview Council received CLD-013-16 a report on Regulation of Tree Preservation in Clarington. This report outlines how tree preservation on private property in urban areas is addressed as part of Planning Applications. Council has already directed staff to include funding for an urban forest strategy in the 2017 budget, there are protocols that should be addressed as part of the urban forest strategy study. In addition an evaluation of the necessary resources to implement an urban forest strategy should be outlined and also what resources would be necessary if it were to include individual trees on private property. 1. Background Resolution #PD-116-16 directed staff to provide a report in September, 2016 as to how Clarington can preserve individual trees that are not part of a woodlot during a planning application process. Regulation of Tree Preservation in Clarington Report CLD-013-16 outlined the way in which tree protection is addressed by the various layers of legislation and regulations for the rural and urban areas of Clarington. Tree preservation is addressed for the most part by policies in the Official Plan regarding the natural heritage system and enforcement is carried out through a combination of the Ministry of Natural Resources (e.g. for wetlands), the Conservation Authorities (e.g. in valleylands), by the Durham Region Tree By-law (for woodlots larger than 1 hectare) and Clarington’s Tree By-law (for woodlots between 1 hectare and 0.2 hectares). These various policies and enforcement tools are to protect the natural heritage system where the municipality has authority to do so. Projects proceeding under Environmental Assessments such as Highway 407 and 418, the widening of Highway 401, the Clarington Hydro Transformer, Darlington Nuclear Refurbishment and the Port Granby Project are proceeding under their approvals from the Ministry of Environment and Climate Change. For areas smaller than 0.2 ha tree protection may be carried out as part of the applicable Planning Act applications. Individual trees are not regulated or protected on either public or private lands. Infrastructure Projects by the Region and Clarington Capital projects initiated by the Region or Clarington for items such as road relocation or widening, sanitary and water main projects are carried out in conformity with the Environmental Assessment Act and are not planning applications. Engineering Services advises that every effort is made to preserve and/or minimize damage to existing trees. Further, where impact to trees is unavoidable mitigation and compensation plans should be developed to ensure and equal or improved tree canopy is present in the future. Municipality of Clarington Report PSD-055-16 Page 3 Urban Forest Strategy An urban forest strategy is a plan that is intended to provide direction on the protection, maintenance and enhancement of the urban tree canopy. It considers all trees within an urban area, including trees in private yards, street trees, parks, greenspaces and woodlands. As part of CLD-013-16 recommendations, funding for an urban forest strategy is to be included in the 2017 budget for Council’s consideration. To carry out the urban forest strategy the inventory of street trees (noted below) will need to be updated and expanded to include parks, greenspaces and woodlands in municipal ownership. Street Trees and Trees on Public Property An inventory of street trees on boulevards in urban areas and hamlets was completed in 2012 at which time there were 17,913 trees; 2,466 of which were ash. Information that was collected included; location (includes both street number and name, and GPS co- ordinates), species, size (diameter at breast height), condition, and comments (such as maintenance need and priority, proximity to utility lines, traffic signals and signs, insect and disease problems). For trees on public property including street trees the analysis of when a tree should be removed or retained is carried out as part of the Operations and Engineering Services Department mandates. Some highly urbanized municipalities have municipal policies and procedures for tree removal and replacement which relate to street trees, parks and open space areas that are publicly owned; typically they also include ways of obtaining compensation for damage to trees on public property (e.g. insurance claims for car accidents). Trees on Private Property With regard to individual trees, some highly urban municipalities have tree by-laws that protect individual trees and some municipalities have designated heritage trees. Clarington has some trees noted as part of the heritage conservation district; however individual heritage tree designation has not occurred. Clarington does not have individual tree protection as part of the Tree By-law. To carry out individual tree protection on private lands can be onerous. It would require additional staff resources trained in the appropriate areas to inspect, arbitrate, issue tree cutting permits and provide enforcement as appropriate. As part of the urban forest strategy, a Study Phase could be added to determine if the Municipality wishes to be involved with private trees in urban areas and what the impact on staffing resources would be; this would be a new service delivery area for the Municipality. Municipality of Clarington Report PSD-055-16 Page 4 2. Planning Act Applications Clarington has strong policies in our Official Plan to protect and enhance the natural heritage system and its ecological integrity. The 1996 Official Plan set a new standard for the protection of natural heritage features in Southern Ontario. The proposed Official Plan policies continue to protect Clarington’s natural heritage system from incompatible development. While only minor policy modifications are recommended, the supporting mapping that accompanies the policies is now of a much improved standard and has been developed in co-ordination with the Conservation Authorities using the most recent aerial photography. Subdivision, Rezoning and Site Plan For projects proceeding through Subdivision and Site Plan Planning approval includes a rigorous process for the determination of natural heritage area protection and tree preservation. An applicant attends a pre-consultation meeting where the need for various studies including Environmental Impact Studies (EIS), are set out. Environmental Impact Studies are a requirement used for all types of development applications where the natural heritage system may be impacted. The natural heritage system includes wetlands, woodlands, valleylands, and the Natural Core and Linkage areas of the Oak Ridges Moraine (as set out in the Official Plan). A tree preservation plan, is often a requirement as part of an EIS for a complete application. Tree preservation plans are a standard requirement of draft subdivision approval; these plans are submitted and approved by the Director of Engineering Services. Approvals for Planning Act applications include requirements that address municipal standards. For new development there are standard requirements for the planting of street trees (on the public right of way) and also requirements of landscaping of the private realm. For residential lots the developer is required to provide a tree to each residential lot, commercial development are to generally follow the landscape guidelines which have a ratio of trees and shrubs to landscape area. Once approved, trees are plants as part of the landscaping at the end of the process. Land Division (Severances) Land division applications (severances) are handled by Durham Region. Clarington provides comments to the Regional Land Division Committee which are typically addressed as conditions of approval. The comments provided by Clarington typically address grading, storm drainage, utility relocation, access points and municipal requirements (including street trees), fees, permits, damage deposits, etc. Tree preservation plans may be required as a condition of severance. However, once the conditions are fulfilled and the severance obtained there is no obligation for the lot owner to continue to retain the trees on private property, particularly if they would impede construction of a new home, accessory building or pool. Municipality of Clarington Report PSD-055-16 Page 5 The tree removals that prompted this report have been written up as case studies (Attachment 1) and will be included in the urban forest strategy terms of reference, such that recommendations for process enhancements and additional implementation measures can be addressed as part of the consulting assignment, including the costing of providing this enhanced level of service delivery. Committee of Adjustment (Minor Variance) Minor Variances are Committee of Adjustment Applications, which are adjudicated by the Committee based on the recommendations from staff and the 4 tests set out in the Planning Act. The four tests are: Is the application minor in nature? Is it appropriate and desirable development for the area? Is it in keeping with the purpose and intent of the Zoning By-law? Is it in keeping with the purpose and intent of the Official Plan? Again, the impact on trees is addressed during the granting of the minor variance; although this is not typically a consideration for a minor variance from a zoning regulation; however; a variance is granted there is no obligation for the private property owner to continue to retain individual trees on private property and no enforcement mechanism. Building Permits Building permits for a dwelling, an addition and accessory buildings are submitted to the Building Division, they are reviewed by Planning Services for compliance with zoning, and Engineering Services reviews grading plans for new dwellings in urban areas. To date comments have not be included about tree preservation on private property when a new dwelling, an addition, accessory building or pool is proposed unless the trees being removed are part of a natural heritage feature. Planning Services or Engineering Services staff could provide comments while processing permits, however, this will require development of staff expertise (in tree types, longevity, characteristics) and additional time. It could delay timely permit issuance. Also there is no applicable law that requires the retention of individual trees on private property. 3. Comments Compliance and Enforcement While comments on the various types of applications can be made (although in some situations it would be an additional step) and agreements provide for tree preservation, there is also the practicality about what can be preserved as part of an overall development during construction. The grading of a site greatly affects whether a tree can be protected and also its likelihood of survival. Grading plans for the various planning applications are reviewed and approved by Engineering Services who are concerned with tree preservation but also with the functioning of the storm water management system and other operational aspects. Municipality of Clarington Report PSD-055-16 Page 6 Should Council wish to implement a Tree Preservation By-law for individual trees, it would apply to planning applications and every property in Clarington. Currently Municipal Law Enforcement does not have the staff resources to issue tree cutting permits or carryout the necessary enforcement if an individual does not adhere to the by- law. This will have to be evaluated as part of the urban forest strategy and costing for the necessary expertise, staff and resources determined as part of the study. Communication and Public Engagement A number of departments are involved in how trees are addressed on public and private property. A co-ordinated response to requests for tree removal is necessary to avoid confusion and contradictory recommendations. Having a corporate communications protocol for tree removal will provide better customer service. Infill As the Municipality works to manage growth and increase the density within urban areas there will be additional infill projects. Infill projects by their nature can require the removal of existing hedges or trees often located along an existing property line on larger side or rear yards and when properties are being combined to provide a larger building site. Climate Change Clarington has already experienced the rapid changes to tree canopy that can occur due to the invasion of new pests such as the Emerald Ash Borer. The ice storm of 2015 significantly impacted trees and required removal of dangerous and damaged trees. Both of these issues have a relationship to globalization and climate change. The transport of goods around the world encourages the movement of pests with them. Greater intensity weather events such as ice storms, flash rainstorms, micro-bursts and fluctuating temperatures impact woodlands. Healthy woodlands play an important role in climate resilience, and economic, environmental, social and public health benefits. There is no doubt that there is a relationship between woodlot clearing and ecological function and thus climate change. Protection of individual trees could be a way to take action on climate change adaptation and mitigation; however, the question to be answered is whether individual tree protection on private property would be an effective use of municipal resources given the resources necessary to do so? 4. Concurrence This report has been reviewed by Director of Engineering Services, Director of Operations and Municipal Clerk who concur with the conclusions. Municipality of Clarington Report PSD-055-16 Page 7 5. Conclusion Communication between the various departments with responsibility for trees (e.g. Clerk’s for enforcement, Operations for cutting, clearing and construction, Engineering for capital construction projects and Planning for Planning Act applications should be improved so that when properties with development applications are being processed; requirements are clearly understood by all Departments. The development of a cross- departmental communications protocol would be an initial step in the urban forest strategy. Operations, Engineering and Municipal Law Enforcement should develop clear protocols of when trees on public property can be removed, replacement and compensation requirements. This protocol can be included as an initial phase in the urban forest strategy. That the urban forest strategy, which is to be included in the 2017 budget for Council’s consideration, include phases and options for: i) a cross-departmental communications protocol; ii) a protocol for removal/replacement of trees on public property; and iii) an evaluation of the necessary resources (staff, expertise, etc.) required to include the protection of individual trees on private property. 6. Strategic Plan Application This report should be viewed through different lenses in relationship to the Strategic Plan, specifically Section 1.3 process improvement, Section 2.1 communication and good value for the tax dollar and 3.5 growth management to maintain “small town” feel and Sections. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid@clarington.net Attachment 1 – Case Studies DJC/FL/tg Attachment 1 to Municipality of Clarington Report PSD-055-16 Tree Removal Case Studies 2770 and 2766 Prestonvale, LD 2015-087 The applicant proposed to sever an existing 1,010 square metre residential parcel located at 2770 Prestonvale Road in Courtice to create two separate parcels to allow for each lot to be developed as a semi-detached/link dwelling. The existing single detached dwelling and accessory building were demolished (see Figure 1). Figure 1 - 2015 Aerial of 2770 Prestonvale, existing single family home The Municipality provided comments to Land Division Committee for their August 17, 2015 meeting. The Municipal comments included conditions which were fulfilled to obtain the severance as of June 3, 2016. The conditions included the planting of a street tree (on public property), grading and drainage to the satisfaction of the Director of Engineering Services. There were two trees in the private front yard of the existing single family home, due to the new construction, grading and drainage, these trees were removed. Attachment 1 to PSD-055-16 Page 2 Conditions could have been put in place during the land division to require that a tree preservation plan be prepared and guarantees put in place; however, once land division conditions are complied with there is no longer term mechanism to ensure that the trees on private property remain, also, the new building and grading conditions may affect the ability of whether the tree will survive. 85-87 Townline Road, LD 2015-0027 and ZBA 2015-0007 The applicant proposed to create two urban residential lots on the Townline frontage, to allow for each lot to be developed as a tri-plex building. The rear lands were dedicated to the Municipality as environmental protection lands (part of the valley lands for Harmony Creek). The existing single detached dwelling and accessory building were demolished (Figure 2). Figure 2 - 2015 Aerial of 85 Townline Road North, existing single family home Attachment 1 to PSD-055-16 Page 3 The Municipality provided comments to Land Division Committee for their February 23, 2015 meeting. The land division was tabled until the required zoning of the rear lands was processed. The land division conditions included the requirement for a tree preservation plan, which is how the area of the dedication was determined. In this case, of the remaining trees are mostly at the edges of the property; however 4 of them required removal, 3 because of disease and the 4th because of a conflict with a future driveway. The policies of the Official Plan regarding natural heritage systems required that an Environmental Impact Study be carried out and rezoning for environmental protection lands. It was the presence of a natural heritage feature (valleylands, woodlot) that triggered the requirement for a tree preservation plan. The land division conditions and rezoning required the rear portion of the property has been dedicated to the Municipality. Attachment 1 to PSD-055-16 Page 4 1608 Nash Road LD2015-068 and -069 The applicant proposed to create two additional urban residential lots on the Nash Road frontage and retain the existing house. The rear lands were dedicated to the Municipality as environmental protection lands (part of the valley lands for Harmony Creek). (Figure 3). Figure 3 - 2015 Aerial of 1608 Nash Road, existing single family home The Municipality provided comments to Land Division Committee for their April 18, 2016 meeting. The land division conditions included the requirement for a tree preservation plan, floodline analysis report, lands and restoration plan and grading plan. The rear portion of the lands were dedicated to the Municipality after an area had been cleared and regrading to provide for adequate flood storage. The Floodline Analysis, grading, landscape and restoration plan were approved by Engineering Services and the Conservation Authority. There are numerous trees on this property and it is adjacent to the Harmony valleylands. The policies of the Official regarding natural heritage systems required that an Environmental Impact Study be carried out. However, to obtain the necessary lot area for the homes tree clearing and regrading was carried out to remove private lot area from the floodplain. The rear portion of the property was dedicated to the Municipality, after the works were completed as a requirement of the land division.