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HomeMy WebLinkAbout1997-02-05ENVY1997-02-05 FEBRUARY 5, 1997 ENVIRONMENTAL COMMITTEE MINUTES CITY OF KITCHENER The Environmental Committee met this date commencing at 4:00 p.m. under Councillor T. Galloway, Chair, with the following members present: Councillors C. Weylie, J. Ziegler and Jake Smola, Ms. A. Coffey, Ms. D. Hartman, Mrs. J. Haalboom, Mr. P. Kay and Mr. B. Harper Officials Present: Ms. J. Dean and Messrs. B. Stanley, T. Clancy, L. Masseo, B. Page, M. Mahaffey, D. Daly, and L.W. Neil. ENVIRONMENTAL IMPACT STATEMENT (ELS) AND ENVIRONMENTAL ASSESSMENT (EA) - HURON NATURAL AREA WESTERN BOUNDARY Mr. B. Stanley indicated that he would like to bring the Committee up-to-date on revised timing and process respecting the ElS and the EA for the Huron Natural Area. He advised that at the Committee's last two meetings the issue of the Huron Natural Area Western Boundary was discussed. Mr. Stanley pointed out that Mr. J. Kay had referred to certain concerns to which a co- ordinated response should be required. He then itemized the various groups with an interest in this matter and noted that the Board of the Huron Natural Area has indicated it will provide a co- ordinated response but needs an additional month to do so. This means pushing the matter into the month of May to get a draft response from staff. Mr. Stanley stated that responses have been received from developer's / land owners but the response of various sub-committees of the Huron Natural Area Board will not come in for at least one month. Staff will then review and address all responses about mid April and will bring the matter to the Environmental Committee for consideration at its May meeting. Councillor T. Galloway commented that establishing and defining the Western Boundary of the Huron Natural Area was a crucial element in the development of the Park. BILL 163 -TREE DESTRUCTION/SITE ALTERATIONS BY-LAW The Committee continued its consideration of Staff Report PD 96/96 dealing with provisions of Bill 163 as they relate to authority for municipalities to adopt a Tree Cutting By-law and/or Site Alterations By-law, commencing at Item No. 7 in the Staff Report. Ms. Julie Dean reviewed the following issues dealing with "Injury or Destruction to Trees" as listed in Item No. 7 of the Staff Report which include: A) Trees and Woodlots Prior to Development B) Activities by new property owners and/or builders C) Removal of individual trees on private property (In support of some regulation of tree removal) · Policy Support for the Protection of Trees · Maximizing the Environmental Benefit of Trees · Maintenance of a healthier, long term urban forest · Responses to current inquiries · Public involvement in the decision to remove · Flexibility in application (In support of not regulating tree removal) · Overall level of intrusion of government in landowners affairs · City cost for operations D) Widening of driveways E) Boulevard street trees Mr. B. Stanley pointed out that the Environmental Committee was the vehicle for input from the public on this matter which must also be considered by the City's Management Committee prior to any recommendation being made to the Planning and Economic Development Committee. A general discussion of the above issues in the Staff Report then took place. Councillor J. Ziegler stated that he supports the by-law and in reference to Item 7A, recommended that it applied to Woodlot Areas greater than half acre rather than two acres. Mr. T. Clancy commented that past policy on tree preservation was very clear in terms of public or private ENVIRONMENTAL MINUTES FEBRUARY 5, 1997 COMMITFEE -~- CITY OF KITCHENER ownership and what was required under the new legislation was a balanced approach. Councillor Ziegler suggested staff identify significant woodlots that they would like BILL 163 - TREE DESTRUCTION / SITE ALTERATIONS BY-LAW (CONT'D) to see preserved and then invite the community to also assist in identification. Mr. Clancy stated that the prerequisite should be that the trees be high quality. Mr. B. Page noted that the Region's by-law encourages harvesting of woodlots. Councillor Ziegler pointed out that a process to deal with cutting by a developer has to be established which Mr. M. Mahaffey stated would have to be in accordance with the by-law. Councillor T. Galloway indicated that staff were looking for Committee support of the approach in 7A. On motion by Councillor J. Ziegler - it was resolved: "That the Legal Department prepare a draft by-law in respect to Tree Cutting and/or Site Alterations in accordance with the approach expressed in Planning and Development Staff Report PD 96/96, particularly those concerns outlined in Clause 7 A. Further that planning staff be directed to develop a method of identifying any lots to be preserved and/or any significant trees located on undeveloped lands, with such by-law containing some penalty for dealing with pre-cutting of trees prior to development of lands having Plan of Subdivision approval, and further, That the Ministry of Natural Resources be approached and requested to revise their policies that allow harvesting of woodlots prior to land owners/developers submitting applications for development so as to prevent the loss of trees through preapplication logging and clearing consistent with the approach referred to in report PD 96/96." The Committee then addressed Item 7B. In response to Councillor J. Ziegler, Mr. B. Page advised that new development agreements have a process to require replacement of trees that were improperly removed. Mr. P. Kay suggested development of an education package, monitoring and the measuring of its effectiveness. Mr. D. Daly advised that some of the education process was already done last summer and staff were working on a report in this regard. He stated that one recommendation will be to continue developing a package of information for home owners who back on to forest lands. Mrs. J. Haalboom suggested staff work with the school boards and the public library on the education issue. Councillor T. Galloway indicated that it appears the Committee accepts the approach in Item 7B and questioned if a Plan would be developed by the time the Committee deals with the issue. Mr. B. Stanley responded that it was under way and that a co-ordinated approach by a number of departments should be considered. Referring to Item 7C, Ms. A. Coffey recommended that promotion be undertaken to encourage property owners to call and inquire before digging to remove trees. This would be similar to the caution given to residents to encourage them to call before they dig where utility lines might be buried. Mr. M. Mahaffey pointed out that under Item 7C, the City would plant on private property but have a by-law to protect the tree planting. Such planting would be an improvement over the current practice of planting in boulevards which is subject to a 20% loss rate. Councillor T. Galloway advised that staff receive many inquiries respecting concerns over tree removal. Ms. J. Dean commented that different people had different views on how much the municipality should be involved in private property matters. Councillor J. Ziegler noted that any involvement should be limited to specific criteria that would deal only with unique situations. Mr. P. Kay pointed out that the matter also relates to a broader issue of viewscape and the public benefit arising from existing trees. Councillor T. Galloway summarized that what Councillor Ziegler was suggesting was a permit be required for the cutting of certain trees under certain conditions. Ms. A. Coffey stated that the City would be going too far to prohibit tree cutting on private property. Mrs. J. Haalboom favoured establishment of some rules that deal with rare trees. Councillor Galloway questioned how often a problem occurs and Mr. T. Clancy indicated not very often. He pointed out that the issue of tree removal often boils down to practical use of the land by private interests; however, any removal of a stand of trees pending development was another matter. ENVIRONMENTAL MINUTES FEBRUARY 5, 1997 COMMITFEE -7- CITY OF KITCHENER BILL 163 - TREE DESTRUCTION / SITE ALTERATIONS BY-LAW (CONT'D) Councillor J. Ziegler recommended development of an inventory of significant trees and that home owners be informd and be encouraged to take care of them. Mr. B. Stanley suggested that public feedback be obtained on Item 7C. Accordingly, an inventory of significant trees, education and voluntary designation was supported rather than a permit approach governed by by-law. No comments were advanced on the text of Item 7D dealing with the widening of driveways. However, Mrs. J. Haalboom brought up the matter of decimation of trees during work to clear branches adjacent to hydro lines. On motion by Mrs. J. Haalboom - it was resolved: "That the Hydro Electric Commission of Kitchener-Wilmot be requested to consider contracting out to the local municipality (City of Kitchener) work required in connection with the cutting and clearing of tree branches from hydro lines since qualified municipal staff are already engaged in tree pruning maintenance and have the necessary equipment to do both jobs simultaneously thereby eliminating existing duplication of service as well as saving trees through proper cutting that promotes beautification of the street scape, and further, That for information purposes, a copy of this resolution be sent to the Association of Municipalities of Ontario." Item 7E respecting boulevard street trees was then considered. Mrs. J. Haalboom questioned the effect of salt use on trees and boulevards and Councillor T. Galloway noted that application of salt was now computerized to minimize unnecessary spreading and that City policy could be placed on a future agenda for the Committee's review. On motion by Councillor J. Ziegler - it was resolved: (a) "That the issues and opportunities set out in Planning and Development Staff Report PD 96/96, regarding a Tree Cutting and/or Site Alterations By-law be received by the Environmental Committee and that the staff recommendations within the report be used to prepare: a draft by-law, an estimate of the implementation cost and required staff resources for consideration by Management Committee, which shall then refer the matter back to the Environmental Committee for public input, following which the Environmental Committee will forward a recommendation to the Planning and Economic Development Committee. (b) That staff of the Departments of Public Works, Parks & Recreation, and Planning & Development be instructed to proceed with a detailed review of the City of Kitchener practice of planting trees in boulevards." DOON SOUTH COMMUNITY PLAN (INCLUDES SCENIC ROADS STUDY AND GREENSPACE MANAGEMENT PLAN) A motion by Councillor J. Ziegler to defer discussion of the Doon South Community Plan to the Committee's March 5th meeting was agreed to. Mr. L. Masseo pointed out that comments of the Committee would be directed to the Planning and Economic Development Committee. Councillor T. Galloway noted that any member with a concern should contact Mr. L. Masseo directly. It was clarified that the draft report would be sent to anyone who signed in requesting it and that the matter was scheduled for consideration by the Planning and Economic Development Committee at its March 17th meeting. 4. SOFT DRINK CONTAINERS-DEPOSIT/RETURN SYSTEM VS. RECYCLABLE APPROACH ENVIRONMENTAL COMMII-FEE MINUTES FEBRUARY 5, 1997 -8- CITY OF KITCHENER This issue was deferred at the Committee's last meeting and Mr. B. Stanley distributed a news article regarding the possible scrapping of existing provincial regulations respecting refillable glass bottles. On motion it was agreed to defer this matter to the Committee's March 5th meeting. 5. ADJOURNMENT On motion, the meeting adjourned at 6:00 p.m. L. W. Neil, AMCT Assistant City Clerk