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Council Meeting/Documents/2319 CHILCO ROAD TREE PERMIT
Staff Report

2319 CHILCO ROAD TREE PERMIT

March 4, 2025Pages 309–3162 sections

Staff report addressing an appeal from a Strata regarding tree replanting requirements at 2319 Chilco Road due to poor soil conditions.

1 CALL TO ORDER
January 30, 2025 dateOwner requested 1:1 replacement ratio and $500/tree cash in lieu7 trees identified for initial removal14 replacement trees normally required by bylaw

TOWN OF VIEW ROYAL COUNCIL REPORT

TO: Council
DATE: January 30, 2025
FROM: Ivan Leung, P.Eng, Director of Engineering
MEETING DATE: March 4, 2025

2319 CHILCO ROAD TREE PERMIT

RECOMMENDATION:

THAT the owner of 2319 Chilco Road be required to replant up to 14 replacement trees in suitable areas on the site or provide a combination of cash in lieu at $500 per tree and tree replacement in accordance with the Town’s Tree Protection Bylaw in effect at the time of the original permit application in 2022.

ALTERNATIVE OPTIONS:

Option #2: THAT Council vary the Tree Protection Bylaw for the 2319 Chilco Road tree permit, in accordance with the 2319 Chilco Road strata’s original variance request of:

  • reducing the tree replacement ratio to a 1:1 replacement; and
  • accepting a $500/tree cash in lieu for all replacement trees.

Option #3: THAT Council vary the Tree Protection Bylaw for the 2319 Chilco Road tree permit, by

  • requiring the strata to plant up to 14 tree saplings or young trees within the Strata’s greenspace areas of suitable size and species to maximize survivability;
  • accepting a $500/tree cash in lieu for each sapling / young tree not planted if the total 14 trees cannot be achieved; and
  • requiring the Strata to maintain the tree saplings or young trees for an establishment period of 3 years.

PURPOSE:

The purpose of this report is to respond to Council’s motion C-134-24 from the October 1, 2024 Council meeting:

“THAT the email dated September 5, 2024 from C. Smith, President, Stonecliffe Strata Council, Re: Reconsideration of Tree Replanting be tabled pending the receipt of additional information.”

Per the Tree Protection Bylaw, the Strata has a right to appeal decisions made in accordance with the Bylaw. With the additional information provided in this report, staff is seeking a decision from Council on how to move forward with the 2319 Chilco Road tree permit file.

BACKGROUND:

The driver behind the Strata’s request (Attachment 1) for a variance was included in their letter regarding the “unacceptable location values” of the trees that were planted at the time of development (circa 2011). The Strata’s position was that the tree replacement requirement was unfair to the Strata as the tree species installed at the time of development were not appropriate and they should not be responsible to bear the results of this.

The planted trees that were deemed to have unacceptable location values were located within close proximity of the building envelope. These locations provide little room for root growth given the species of trees that were planted. While seven trees were identified now as requiring removal, the Strata states that several more trees in the same vicinity may need to be removed in the future for the same reasons.

Figure 1 identifies the general location of the seven trees requested for removal in the original Tree Permit, identified as having poor location values or dead:

Aerial map identifying locations of trees numbered 27, 40, 45, 46, 47, 49, and 51 requested for removal
Aerial map identifying locations of trees numbered 27, 40, 45, 46, 47, 49, and 51 requested for removal

Figure 1: 7 Trees to be removed per initial Tree Permit

Additional tree information is described in Table 1:

Tree ID Common Name Reason DBH (cm) Root Zone Infringement Tree Asset Value
45 Western White Pine Poor Location Value 11 >75% $59.89
46 Japanese Cryptomeria Poor Location Value 4 >75% $7.92
47 Colorado Blue Spruce Poor Location Value 7 51-75% $19.06
49 Western White Pine Poor Location Value 12 51-75% $71.28
51 Western White Pine Poor Location Value 7 >75% $17.32
40 Norway Maple Poor Location Value 13 >75% $448.13
27 Arbutus Dead 63 N/A $9,822.80

Table 1: Tree Inventory (Bartlett Tree Experts (June 2020). 2319 Chilco Road Tree Inventory and Management Plan).

Photograph of Tree #45 showing its close proximity to the building wall and limited space for growth
Photograph of Tree #45 showing its close proximity to the building wall and limited space for growth

Figure 2: Tree #45 – Example of Poor Location Value

The Strata’s original variance request was the following:

  • That Council reconsider applying the Bylaw so rigorously and that a 1:1 tree replacement be amenable instead of the Bylaw’s 2:1 tree replacement requirement;
  • That Council accept cash in lieu of the 1:1 replacement ratio, at $500 per tree; and
  • That Council send an arborist to review the naturally regenerated trees along the border of their property to consider them being suitable and acceptable replacement trees.

Additional Site Visit (October 18, 2024)

Staff and the Town’s contracted arborist attended the site with the Strata and their arborist to review the site for potential replanting areas. Staff observations were as follows:

  • Overall, the grassy lawn areas were noted to not have enough soil to plant trees that would be conducive to long term health. This was confirmed by the Strata’s arborist; and
  • Some regrowth trees (from saplings to small, young trees) appeared to be growing healthily in the natural greenspaces throughout the property. Species included Arbutus, False Cypress, Douglas / Grand Fir, Maple, Hemlock and Cedar.
Photograph showing insufficient ground cover in the southwest corner of the lawn area
Photograph showing insufficient ground cover in the southwest corner of the lawn area
Photograph showing insufficient ground cover in the lawn area near the entrance
Photograph showing insufficient ground cover in the lawn area near the entrance

Figure 3: Insufficient Ground Cover in Lawn Area (Left: SW corner of lot, Right: near entrance)

Photograph of naturally occurring regrowth including Arbutus and Fir
Photograph of naturally occurring regrowth including Arbutus and Fir
Photograph of naturally occurring regrowth including 2 Firs
Photograph of naturally occurring regrowth including 2 Firs

Figure 4: Naturally Occurring Regrowth – Arbutus and Fir (left), 2 Firs (right)

Photograph of naturally occurring regrowth including 4 Firs
Photograph of naturally occurring regrowth including 4 Firs

Figure 5: Naturally Occurring Regrowth – 4 Firs (left), 1 Maple (right)

DISCUSSION:

Town staff agree that the existing open space and lawn areas are not a suitable space for replacement trees unless soil volumes are increased by either importing topsoil or excavating the area and refilling with topsoil: both options are relatively costly for the Strata given the rock and fill conditions of the site.

The Strata has confirmed that the trees within the boulevard and strata road areas are irrigated on a private system. While additional trees in these boulevard areas may be possible, it would be relatively costly for the same reasons noted above.

While unfortunate that trees are removed due to poor location values, these trees would not have matured to provide significant shade benefits, would have limited improvements to the tree canopy, and are located in regions that are generally inaccessible. Replanting with similar species in the same locations of the removed trees will likely result in a similar fate. Therefore, Development Services confirm that even though the replacement of these trees with the same tree species is not a requirement, it is recommended that these areas be replanted with some sort of vegetation that is suitable for the space and provides a softscape buffer that reduces impervious surface areas.

Page 309–316

However, staff would be remiss to state that there are no opportunities to replant trees at all. Upon completion of the site visit, staff and their arborist believe that there are places within the existing greenspaces where efforts can be made to plant native trees where many Arbutus, Firs and other trees are growing / regrowing. Of particular interest are replanting in the lower area of the Strata that backs towards the properties on De Goutiere Place and an area on the northwest corner of the site. The Strata has previously stated to Council that these areas are abundant with tree regrowth (see Attachment 2), and staff believe that this observation is sufficient to confirm that some additional native tree species would have a good chance of survival in these locations.

OPTIONS:

The recommendation in this report reflects staff’s need to administer the Tree Protection Bylaw. However, Council has the ability to make variances and are empowered to do so through the Bylaw. Variances may be precedent setting and future grievances to the bylaw may occur for future applications. Therefore, the following alternatives are ideas for Council’s consideration, based on practical and realistic means and methods to protect and enhance the urban forest in the isolated area:

Description How it Varies from Bylaw Pros / Cons
Plant smaller trees (younger trees, 3-4’ tall) within the healthy greenspace areas Replacement trees are stipulated to be minimum 5cm caliper or 2.0m tall. • Cheaper cost (a fraction of the cost of the $500 per tree cash in lieu), yet not significantly discounted from the tree asset value of the removed trees
• Higher chance of survival
• Additional establishment work required.
Honour Strata’s request for $500/tree cash in lieu for any deficit in replacement quantity. The Bylaw was changed to a $700 per tree cash in lieu value. • $500 is currently substandard. However, staff are accepting a grandfather clause to allow the old replacement tree rate.
Require the Strata to maintain the young trees for three years to ensure long term survivability of the tree. The maintenance period in the Bylaw is 1 year. • Smaller trees require more care in order to be self sustaining. Best practices for Town landscaping projects is a 3 year establishment period.
• The Town can offer tree watering bags to the Strata for them to be able to irrigate the trees during the dry period.
• Tree bags offer a few days of irrigation to trees, so regular top ups would still be required during peak heat.
Honour the Strata’s variance request (1:1 replacement ratio, 100% cash in lieu) Replacement ratio is 2:1. • Net loss in tree canopy
• Cost savings to the Strata: at 43 units, a 1:1 cash in lieu ratio would amount to an $81 cost per unit to pay the in lieu. If the Bylaw was enacted in full, then the contribution would be $163 per unit.
• Less available trees in the Town’s resident tree planting program.

Table 2: Option Pros and Cons

ANALYSIS:

Impacts and implications can be summarized as follows:

Impact Category Analysis
Community Impact: Decisions made on this matter may be precedent setting, creating similar variance requests by others.
Financial Implication: While the variance requested by the Strata may result in approximately and up to $82 in cost savings per unit in the Strata, the revenue shortage may impact the Town’s resident tree planting program.

ALIGNMENT:

The recommended option aligns with the Town’s following core guiding documents as follows:

  • Strategic Plan: N/A
  • Official Community Plan: N/A
  • Other Policy Documents: Tree Protection Bylaw 1069, 2022.

PUBLIC PARTICIPATION GOAL:

No public participation was conducted regarding the issues described in this report. However, Council’s level of participation in the decision to be made in this staff report is “empower”:

☐ Inform ☐ Consult ☐ Involve ☐ Collaborate ☐ Empower ☒ N/A

TIME CRITICAL:

While not time critical, any replanting should be done in the wet season to improve the chances of establishment and reduce watering efforts.

CONCURRENCE:

CONCURRENCE: Initials Comments
Chief Administrative Officer SS I concur with the recommendation.

REVIEWED BY:

REVIEWED BY: Initials
Director of Corporate Administration/Deputy CAO N/A
Director of Finance & Technology N/A
Director of Development Services LT
Director of Engineering IL
Director of Protective Services N/A

ATTACHMENTS:

  1. Strata Correspondence – October 1, 2024 Council Meeting
  2. Tree Regrowth Area – Strata Provided
Page 309–316
Extracted from: 2025 03 04 Council Agenda - Agenda - Pdf