- This Ordinance requests City Council approval of financing in an amount up to $30,364,500 consisting of $27,231,500 in Portland Housing Bonds and $3,133,000 in Central Eastside Tax Increment Financing (TIF) funds from fiscal years 2022-25.
- The purpose of the funding is to enable Related Northwest and Centro Cultural to construct 159 new units of affordable housing at 888 SE Alder Street in the Central Eastside/Buckman neighborhood (the Project).
- Approval of the Ordinance will authorize the Interim Director of the Portland Housing Bureau to execute all funding and related documents needed to advance the Project including construction and operation of the development as affordable housing. Given inflation and cost increases, closing expeditiously and adherence to construction timelines are critical; however, the City’s funding will not be increased
Good
Rezoning: 7057–7075 Oak Street and 1015 West 54th Avenue
- This report recommends a plan amendment to the Zoning and Development By-law for 7057-7075 Oak Street and 1015 West 54th Avenue.
- The proposed amendment would rezone the properties from RS-1 (Residential) District to RM-8AN (Residential) District to allow for a townhouse or rowhouse development. The maximum floor space ratio (FSR) for RM-8AN can be up to 1.20.
- Staff have assessed the application and conclude that it meets the intent of the Cambie Corridor Plan (“Plan”).
- Staff recommend that the application be referred to a Public Hearing, with the recommendation of the General Manager of Planning, Urban Design and Sustainability to approve it in principle, subject to the Public Hearing, and conditions contained within Appendix B.
Amend Portland Clean Energy Community Benefits Code to better align with and equitably meet City climate action goals (amend Code Chapter 7.07)
- Portland voters passed the Portland Clean Energy Community Benefits Fund (PCEF) ballot measure in November 2018 to invest in community-originated climate action solutions that advance racial and social justice.
- PCEF was initially projected to generate $44 to $61 million annually and is now projected to generate over $90 million annually.
- Commissioner Rubio proposed this legislation to (1) enable accelerated funding of carbon reduction projects, (2) draw clearer and more relevant connections between PCEF and the City of Portland’s climate action goals, (3) address administrative and operational needs identified by PCEF staff and committee, and (4) address early program audit recommendations.
- The proposal makes improvements that requires the development of a Climate Investment Plan, broadens eligible funding recipients and funding areas and increases the limit on administrative expenses.
- The proposed legislation amends Chapter 7.07 of the Portland City Code.
The Council finds:
- The Bureau of Planning and Sustainability (BPS) shapes Portland’s future and advances climate protection for a more prosperous, healthy, equitable, and resilient city now and for future generations.
- Frontline communities in Portland and worldwide – including Black and Indigenous people, communities of color, immigrants, refugees, low-income individuals, labor and workers, people living with disabilities, youth, and individuals experiencing homelessness – are often the communities least responsible for contributing to climate change, yet frontline communities are disproportionately affected by climate change impacts and will continue to bear a disproportionate burden.
- The City’s historically racist land use policies and discriminatory real estate, planning, and infrastructure investment practices mean communities of color and low-income Black and Native American populations in Portland may experience significantly higher ambient temperatures, higher utility bills, poorer air quality, and greater risk to health than predominantly white or affluent neighborhoods.
- People living in homes with insufficient or no insulation and inefficient heating and cooling systems will incur higher energy bills, and people dependent on gas-powered vehicles may pay more for operation and maintenance, creating additional burdens on low-income households and other frontline communities that can lead to financial instability and displacement.
- Low-income populations and communities of color have been historically underserved by clean energy programs and investments and underrepresented in decision making on climate policy.
- To meet the City’s climate action goals there is an urgent need to fund and accelerate greenhouse gas emissions reductions and sequestration, especially within low-income communities and communities of color.
- In November 2018, Portland voters created the Portland Clean Energy Community Benefits Fund (PCEF) program, which invests in community-originated climate action projects that advance racial and social justice (Ballot Measure 26-201). City Council codified non-taxation elements of Ballot Measure 26-201 in Portland City Code Chapter 7.07.
- Ballot Measure 26-201 is the first time a Portland environmental ballot measure was led by communities on the frontlines of climate change, including low-income communities and communities of color. The ballot initiative’s success was the result of community organizing, frontline advocacy and volunteer efforts throughout Portland.
- The purpose of PCEF is to provide a consistent long-term funding source and oversight structure to invest in climate action projects, in alignment with the City’s climate action goals, that support environmental justice and environmental, social, and economic benefits for all Portlanders, including the development of a diverse and well-trained workforce and contractor pool to perform work that reduces or sequesters greenhouse gases.
- In 2020, City Council declared that a human-made climate emergency threatens our city, our region, our state, our nation, humanity, and the natural world, and that such an emergency calls for an immediate mobilization effort initiating greater action, resources, and collaboration that prioritizes frontline communities to restore a safe climate (Resolution No. 37494).
- In 2020, City Council resolved to advance climate justice and climate action initiatives that are led by the community, especially frontline communities and youth from frontline communities, and accelerate investments in projects that benefit these communities in ways that are restorative, reparative, and build present and future well-being and wealth.
- In 2022, the United Nations Intergovernmental Panel on Climate Change (IPCC) concluded that humanity must make immediate and deep carbon emissions reductions to limit global warming to 1.5 degrees Celsius to avert the direst consequences of climate change (Summary for Policymakers of the IPCC Working Group III Report, Climate Change 2022: Mitigation of Climate Change).
- In 2022, carbon emissions from the transportation sector accounted for the largest share of emissions in Multnomah County.
- Increases to the length of the summer season have a direct and immediate impact on trees by causing stress to species like Western Red Cedar, which undermines the ability of Portland’s tree canopy to provide critical habitat, urban cooling, and other green infrastructure services.
- The PCEF program was initially projected to generate $44 to $61 million annually and is now projected to generate over $90 million annually.
- PCEF presents an opportunity to take bold climate action, across all sectors, in every corner of the city in a in ways that are restorative, reparative, and build present and future well-being and wealth.
- Through October 2022, the PCEF program has allocated over $130 million in grants to nonprofit organizations for projects that reduce carbon emissions, advance resiliency, and promote equity for all Portlanders, with a focus on low-income communities and communities of color.
- In March 2022, the City Auditor released audit findings related to the PCEF program’s start-up phase and suggested that the program needed guidance on climate goals, capacity-building, and oversight elements, as well as clarification on the limits of administrative expenses. The audit noted that PCEF had made progress with some elements, but others were not yet fully implemented or needed direction from City Council.
- In March 2022, Commissioner Rubio, the PCEF Committee, and PCEF staff responded to the audit with commitments to define performance metrics, establish performance goals, develop recommendations to Council offering clearer strategic direction on climate goals, outline options to amend program budgeting requirements and PCEF’s limit on administrative expenses, and continue to assess the Committee’s governance structure.
- In April 2022, PCEF staff shared four objectives for reviewing opportunities for program structural improvements with the PCEF Committee. They included (1) identify changes to enable accelerated funding of carbon reduction projects; (2) draw clearer and more relevant connections between PCEF and the City’s carbon reduction goals; (3) address administrative and operational needs identified by staff and committee; and (4) address audit recommendations.
- In June 2022, the PCEF Committee approved performance metrics to report program outcomes to the public.
- Between January and August 2022, Commissioner Rubio held several discussions with community leaders on potential code amendments to strengthen and streamline the PCEF program in a manner consistent with the intent of Ballot Measure 26-201.
- On September 15, 2022, Commissioner Rubio shared with the PCEF Committee and the public a proposal (Exhibit C: PCEF Program Structural Updates) to strengthen and streamline the PCEF program based on insight from early program implementation and audit recommendations. The proposal broadens eligible funding recipients and funding areas and increases the limit on administrative expenses. The proposal also creates a five-year Climate Investment Plan, with measurable goals and outcomes, that will guide PCEF’s investments in community-responsive grants as well as new strategic initiatives.
- Minor housekeeping changes to Chapter 7.07 will also strengthen the PCEF program and it is in the City’s interest to include them in this Ordinance.
Privately-Owned Tree Management Strategy
The following are key points for consideration with respect to this report:
There are four components of the Privately-Owned Tree Management Strategy (Strategy) as appended to this report:
The Strategy Document
- Appendix A – Explore Background Report
- Appendix B – Engage Background Report
- Appendix C – example of a private tree bylaw framework.
- Current legislation, regulations and policies have influenced and provided direction in developing the Strategy
Mapping developed through this Strategy has established a baseline of the tree canopy cover in Halton Hills. Extensive community and council engagement throughout the development of the Strategy has provided an understanding of community values and needs, ideas, to develop a made-in-Halton Hills strategy to managing trees on privately-owned land. The resources and administrative implications associated with preferred Privately-Owned Tree Canopy Management Tools are identified in the Strategy. The Strategy will be implemented with support from the Town’s Tree Canopy Management Program and its subcommittee.
*Authorize applications to the U.S. Department of Transportation and U.S. Department of Energy for two grants to support transportation decarbonization not to exceed $5.5 million
The purpose of this ordinance is to have City Council approve application for two federal grants with funding from the Bipartisan Infrastructure Law and the US Department of Energy to support transportation electrification.
The Council finds:
- That, as recognized in the Climate Emergency Declaration [Resolution No. 37494], “there is a human-made climate emergency that threatens our city, our region, our state, our nation, humanity and the natural world, and that such an emergency calls for an immediate mobilization effort initiating greater action, resources, collaboration and new approaches to restore a safe climate.”
- The climate emergency is urgent, but Portland has an opportunity to act by reducing harmful greenhouse gas emissions and can make significant quality of life improvements for many Portlanders by centering the needs and priorities of Black and Indigenous communities, people experiencing low income, and community members who are more at-risk and vulnerable to the impacts of climate change.
- The Climate Emergency Workplan [Resolution 37585] includes the following actions that these grants support:
- Action No. T-1: Make low-carbon travel options safe, accessible, and convenient for all
- Action No. T-7: Make it easier to use electric vehicles if you can’t charge at home
- Action No. T-8: Make freight cleaner
- The Portland City Council adopted the Electric Vehicle Strategy [Resolution No. 37255] which directed PBOT staff to develop right-of-way priorities and policies to enable the installation of publicly accessible electric vehicle chargers in strategic locations and provide clear guidelines for public and private parties. PBOT staff have been working on code updates to accomplish this directive.
- As a result of the Biden Administration’s historic Bipartisan Infrastructure Law and the focus on addressing the climate crisis, $7.5 billion in federal funding has been invested in EV charging and additional funding is available to make advances on other aspects of transportation electrification and decarbonization.
- Although there is a significant increase in funding at the federal level, Portland will see limited resources allocated to local projects and face enormous competition from other jurisdictions.
- The projects identified accelerate transportation electrification and advance citywide goals on equity. Both projects involve public-private partnerships with key local partners to help leverage resources and expertise and ensure project success:
- Park and Charge – “Park and Charge: Leveraging Utility Pole-Mounted Chargers to Increase Access to Overnight EV Charging in Portland, Oregon” provides an opportunity to develop a utility pole-mounted EV charging network focused on filling private sector gaps and providing access to affordable and reliable overnight charging to communities that lack access to home charging. Led by an innovative partnership between the City and local utilities, this project will build upon successful pilots and projects in other municipalities and will address access to and affordability of EV charging, which is an obstacle to EV ownership for renters and residents without garages or driveways.
- SMART Grant – Strengthening Mobility and Revolutionizing Transportation (SMART) Grant provides an opportunity to demonstrate novel approaches to freight electrification as identified in the 2040 Portland Freight Plan process. This grant will enable the City to build internal capacity and technology systems to digitize curb rules, better monitor curb usage, and pilot curb management strategies and innovative technologies to combat dirty diesel and make freight cleaner.
- For the Park and Charge grant, local matching funds of no less than $750,000 will be provided from private-sector partners, including but not limited to Portland General Electric and PacifiCorps.
- The SMART grant does not require match funds.
Contract award for supply and delivery of traffic control services
- The City issued an RFP PS20220002 on March 9, 2022 for the Supply and Delivery of Traffic Control Services. The RFP was advertised on the City of Vancouver website and the work was called in accordance with the terms and condition of the City’s Procurement Policy ADMIN-008.
- City staff on the RFP evaluation committee and, subsequently, Bid Committee have considered the responses received, and on that basis recommend that the City negotiate and if such negotiations are successful enter into a contract as describe above with Ansan Industries Ltd.
Contract Award for Supply and Delivery of Traffic Control Services
- The City issued an RFP PS20220002 on March 9, 2022 for the Supply and Delivery of Traffic Control Services. The RFP was advertised on the City of Vancouver website and the work was called in accordance with the terms and condition of the City’s Procurement Policy ADMIN-008.
- City staff on the RFP evaluation committee and, subsequently, Bid Committee have considered the responses received, and on that basis recommend that the City negotiate and if such negotiations are successful enter into a contract as describe above with Ansan Industries Ltd
Council’s Strategic Plan Status Update
The following are key points for consideration with respect to this report:
- Council’s Strategic Plan sets out Council’s mission, vision, values and establishes priorities and focus areas for its four-year term of office.
- The Strategic Planning Framework ensures annual business plans, budgets, long range financial plans and approved strategies and master plans are considered.
- This report provides the final update on highlights and achievements of the Strategic Plan for this term of Council. Updated information will be made available on the Town of Halton Hills website.
- The development of Council’s 2023-2026 Strategic Plan will begin after the municipal election and build on successes and lessons from the previous process.
Public tree removal report – 31, 33 & 35 Fairwood Pl. W
- The subject property is located along Fairwood Pl. W. (See Figure 1). An application for consolidated pre-building permit has been submitted to redevelop all three lots.
- Prior to obtaining their consolidated pre-building permit process, council approval must be obtained in order to facilitate the issuance of a tree removal permit for the public trees.
- In accordance with the City of Burlington’s Public Tree By-law 68-2013, Section 1.19 states, “The City Arborist shall not issue a Tree Permit for Trees located on Public Property immediately abutting Private Property for which a development application has been submitted, until such time as the development application has been approved and Council has also approved the removal of these trees”.
Public tree removal report 2082 James St (535-007-20)
- The subject property is located at the southwest corner James St. and Martha St. which will be developed into a single condominium (See Fig. 1).
- An application for Site Plan (File No. 535-007-20) has been submitted to redevelop the subject property.
- As part of a condition to satisfy their Site Plan, council approval to proceed with issuance of a tree permit must be obtained in order to facilitate the removal of public trees.
- In accordance with the City of Burlington’s Public Tree By-law 68-2013, Section 1.19 states, “The City Arborist shall not issue a Tree Permit for Trees located on Public Property immediately abutting Private Property for which a development application has been submitted, until such time as the development application has been approved and Council has also approved the removal of these trees”.
Improving pedestrian linkages to schools during the winter season – disposition of staff directions SD-27-21 and SD-28-21
- This report has been provided to update council on discussions with both school boards and confirm the authorization to proceed with the service agreements established for the seasonal maintenance of various pedestrian linkages to schools during the winter season, as well as to address the outstanding related staff directions.
Municipal Accommodation Tax (MAT)
- The Province of Ontario has granted municipalities the authority to implement a tax on accommodations. This tax could generate an estimated $450,000 to $700,000 annually to start and $750,000 to $1,000,000 annually post-pandemic, to support tourism initiatives and increase economic benefit within the City of Burlington.
- In November 2019 Council considered the implementation of a Municipal Accommodation Tax (MAT) and the following recommendation was approved: Table report CM-23-19 regarding the establishment of a Municipal Accommodation Tax in Burlington and report back to Committee in early 2020 to provide recommendations related to implementation and the associated bylaw.
- A follow up report was planned for Q1 2020. This report was paused due to the start of the pandemic and concerns for the potential impact this additional fee could have on the tourism industry due to the pandemic.
- The initial MAT report (CM-23-19) highlighted the legislation, revenue sharing formulas, collection options, and inclusion of short-term rentals. It outlined options for Council’s consideration; ranging from not approving MAT for Burlington to implementing MAT and using these funds for tourism or municipal purposes. The report recommended further investigating options 2 and 3 as outlined in report CM-23-19.
- Since the discussion in November 2019, 40 municipalities are now collecting or are in the process of collecting MAT. Oakville, Mississauga, Toronto, Vaughan, Waterloo, and Prince Edward County are collecting MAT in our immediate area.
- Hamilton and Niagara Falls are still collecting their existing Destination Marketing Funds; however, they are both in talks with the municipalities for the implementation of MAT. After two long years of an economic downturn due to the global pandemic, the businesses in Burlington are facing a long road to recovery.
- This coupled with the discontinuation of Destination Marketing Funds several years ago has put us at a competitive disadvantage with adjacent communities.
- The implementation of MAT is crucial to bringing awareness to Burlington as a travel destination, developing products for residents and visitors to enjoy, and executing the City of Burlington’s Vision to Focus and Tourism Burlington’s Strategic Plan.
Brownfield Redevelopment Community Improvement Plan (CIP) application submitted by 1762643 Ontario Inc. for 669 Tuscarora Street (Ward 4)
Brownfield Redevelopment Community Improvement Plan (CIP)
- Brownfield sites are properties that may be contaminated due to previous industrial or commercial uses such as a manufacturing facility or gas station.
- City Council approved a Brownfield Redevelopment CIP at its April 19, 2010 meeting for the purpose of encouraging the study, clean-up, and redevelopment of contaminated properties.
- The approval of the CIP was the result of nearly five years of study and consultation, which began in October 2005.
Importance of Brownfield Redevelopment
- In 2009 the City’s Planning Department identified 137 brownfield properties (i.e. 226 hectares or 559 acres) that are candidates for redevelopment. While the inventory is not exhaustive, it illustrates the significance of Windsor’s brownfield stock and the need to work with land owners to put these properties back into productive use.
- Based on approvals to date under the Brownfield CIP approximately 50 hectares (123 acres) or 22% of the inventory has been or is planned to be redeveloped.
- Historically, there has been little interest in redeveloping brownfield sites due to the uncertainty surrounding the extent of contamination and the potential cost of clean-up.
- The Brownfield Redevelopment CIP provides financial incentives to undertake the necessary studies and remedial work necessary to redevelop brownfield sites and reduce the potential negative impacts to the City’s environment and neighbourhoods.
- The benefits associated with brownfield redevelopment go far beyond the boundaries of the property. For example, they are often strategically located within existing built up areas of the City where services and other infrastructure, such as roads, schools, community facilities and public transit are already available, therefore additional infrastructure costs are not incurred to service these areas.
- The redevelopment of these sites also remove the negative stigma often associated with brownfield properties, which increases the value of the subject property and adjacent properties.
- Brownfield sites also represent a significant underutilization of the land base. According to the National Round Table on the Environment and the Economy (2003), every hectare redeveloped through a brownfield project saves up to an estimated 4.5 hectares of greenfield land from being developed (i.e. agricultural land on the edge of the City); and for every dollar invested in a brownfield redevelopment, it is estimated that $3.80 is invested in the economy.
New Burlington Official Plan recommended modifications for ROPA 48 conformity
- To report back to Council on public input received during the engagement period for the proposed modifications to the Burlington Official Plan, 2020, to resolve certain matters of non-conformity to Regional Official Plan Amendment No. 48 (ROPA 48), and to request that Council endorse the recommended modifications attached as Appendix B, to this report, and direct staff to advance the recommended modifications through the Ontario Land Tribunal’s (OLT) consideration of the appeals to Burlington Official Plan, 2020 (case number OLT-22-002219/ legacy case number PL210040).
City of Burlington Housing Strategy – former school site reuse analysis
The purpose of this report is to present the findings of the Supplemental Technical Memo – Acquisition and Re-Use of Surplus School Sites prepared by Dillon Consulting and SHS Consulting (Appendix A).
On October 6, 2021, at Corporate Services, Strategy, Risk and Accountability Committee staff report CM-22-21 titled “Burlington Lands Partnership update 1” was considered. In addition to the recommendations of the report, staff received the following Staff Direction:
- Direct the City Manager to report back by Q1 2022 with a proposed strategic lands strategy for the acquisition and community use of current and potential surplus school sites that includes the following elements:
- a current practise review of former school site uses in other municipalities, including opportunities for attainable housing;
- a complete review of existing federal and provincial housing support programs, in coordination with the work underway via the housing strategy;
- opportunities for housing, parkland and community uses on these sites, in partnership with other agencies, non-profit organizations and levels of government, including Halton Region, and coordinated with the work of the Burlington Lands Partnership;
- budgetary implications for known and potential sites that may come available;
- a community engagement strategy on potential uses for these sites; and
- communication to the four school boards (English public and catholic, French public and catholic) that the city has an interest in considering any school sites that may become available, and requests regular communication from all boards about their long-term plans. (SD-29-21).
- In February 2022, Council considered Corporate Strategy report CS-04-22 Streamline Development Approval Fund. The Streamline Development Approval Fund initiative saw Ontario’s 39 largest municipalities each receive an allocation from the province to help modernize, streamline, and accelerate processes for managing and approving housing applications.
- The City identified the first phase of the former school site reuse analysis as one of its proposed eligible projects in that it is a study to support new housing opportunities in the City. This report also clarified that this work would be scoped to satisfy several components of the Staff Direction.
- Given the ongoing work of the City’s Housing Strategy an opportunity was identified to address the staff direction in part through a slight broadening of the scope of the Housing Strategy. Staff note that municipalities are required to complete projects funded through the Streamlining Development Applications Fund by February 28, 2023.
- In addition, municipalities are required to provide a final report (posted publicly) in March 2023. This required report back may offer an opportunity to share any progress on building on the information collected through this first phase of work to support the development of a Strategic Land Policy including a municipal policy directive on surplus school sites.
City of Burlington Housing Strategy Inclusionary Zoning Municipal Assessment Report update
- The purpose of this report is to provide an update on the Inclusionary Zoning Municipal Assessment Report which was identified as a key deliverable of the Housing Strategy project in the Housing Strategy Project Terms of Reference and as Action 12 of the Burlington Housing Strategy that was approved by Council on June 21, 2022.
2022 Climate Change Investment Fund Recommendations
The following are key points for consideration with respect to this report:
- This is the second year of the Climate Change Investment Fund (CCIF)
- The maximum amount available per application is $2,000.00
- The total amount of funding available in 2022 is $15,000.00
- Funding in-take is once per year
- Projects are evaluated using the Climate Change Investment Fund Criteria
- Applicants are encouraged to discuss projects with Town staff prior to applying
Recommendation Report for proposed Official Plan and Zoning By-law Amendments to permit a 2-storey, 12-unit affordable community housing building at 47 Maria Street (Acton)
The following are key points for consideration with respect to this report:
- Support House (the Applicant) has proposed Official Plan and Zoning By-law Amendments for the development of a 2-storey residential building containing 12 self-contained, 1-bedroom affordable housing units for individuals with special needs (mental health and addictions) at 47 Maria Street (Acton).
- The Statutory Public Meeting for the applications was held on July 5, 2021. Of the twelve residents that participated, one spoke in support of the proposal and seven raised concerns. One letter of support and six letters identifying concerns were also received from the public. In addition, a residents’ petition in opposition to the proposal was received.
- The concerns raised by the public related to traffic, parking, construction impacts, over-saturation of similar uses in Acton, on-site and community supports for tenants, neighbourhood safety, scale of the development, etc. Staff responses to the identified questions and concerns are included in this report.
- Town and external agency staff have completed their review of the applications and development proposal.
- This report is recommending approval of the Official Plan and Zoning By-law Amendment applications.
ES-22-11 Tender Award, South Service Road Renewal
- The South Service Road Renewal project will replace the existing deteriorated asphalt surface with a new full depth asphalt pavement surface, as well as provide a new concrete sidewalk.
- The storm drainage system will be improved by adding several catchbasins and ditch inlets along the roadway corridor to manage surface water run-off.
- The existing streetlights at the South Service Road and Harvester Road intersection will be replaced with high performance and energy efficient LED Luminaires.
- This project will improve the quality of vehicular transportation and connectivity of the City’s pedestrian network in alignment with the Integrated Mobility Plan.
- Construction is anticipated to start in June and be completed in November 2022.
Public tree removal report – 1770 Abbleby Line (535-005-20)
- The subject property is located at the corner of Appleby Line and Corporate Drive will involve the construction of a new three storey self-storage building at the west limit of the subject property (See Fig. 1).
- An application for Site Plan (File No. 535-005-20) has been submitted to construct a three storey self-storage building on an existing site.
- A total of 27 trees are proposed for preservation on the subject lot that range from 4 – 46 cm DBH.
- In 2020, several trees (8) were removed due to front entrance construction and general maintenance due to their condition, with seven (7) trees subject to the private tree by-law. Seven (7) new trees were replanted as part of their conditions and will not be harmed by the proposed development.
- As part of a condition to satisfy their Site Plan, council approval to proceed with issuance of a tree permit must be obtained in order to facilitate the removal of a public tree. In accordance with the City of Burlington’s Public Tree By-law 68-2013, Section 1.19 states, “The City Arborist shall not issue a Tree Permit for Trees located on Public Property immediately abutting Private Property for which a development application has been submitted, until such time as the development application has been approved and Council has also approved the removal of these trees”.