MINUTES
DEVELOPMENT SERVICES PUBLIC MEETING
MARCH 8, 2011 - 7:00 p.m.
Canada
Room
Meeting No. 4
All
Members of Council
Development
Services
Chair: Regional Councillor Jim Jones
Vice-Chair: Councillor Don Hamilton
|
Councillor Alex Chiu
Regrets
|
Jim Baird, Commissioner of
Development Services
Catherine Conrad, Town Solicitor
Sabrina Bardone, Planner II
Linda Irvine, Manager, Parks and
Open Space Planning
Biju Karumanchery, Senior
Development Manager
Richard Kendall, Development
Manager, Central District
Gary Sellars, Senior Planner
Kitty Bavington, Council/Committee
Coordinator
|
The Development Services
Public Meeting convened at 7:05 PM in the Council Chamber with Regional
Councillor Jim Jones in the Chair. Quorum
was lost at 9:00 PM
DISCLOSURE OF PECUNIARY INTEREST - None Declared
1. CASTAN AVENUE (AURELIO
FILICE)
PROPOSED DRAFT PLAN OF
SUBDIVISION
AND IMPLEMENTING SECONDARY
PLAN
AND ZONING BY-LAW AMENDMENTS
TO
FACILITATE RESIDENTIAL
DEVELOPMENT
(6 SINGLES & 15
TOWNHOUSES) SOUTH OF CASTAN AVENUE
EAST OF HARRY COOK DRIVE,
WITHIN SOUTH UNIONVILLE
(SU 10 128366, OP 10 128364
& ZA 10 128365)
(10.7, 10.4 & 10.5)
Report
Attachment
The Committee Clerk advised that 88 notices were mailed on February 16,
2011, and a Public Meeting sign was posted on February 16, 2011. Ten written submissions were received
regarding this proposal.
Biju Karumanchery, Senior Development Manager, advised the subject of
the Public Meeting this date was to consider an application by Castan Avenue
(Aurelio Filice) for proposed Draft Plan of Subdivision, implementing Secondary
Plan and Zoning By-law amendments to facilitate a residential development south
of Castan Avenue, east of Harry Cook Drive (SU 10 128366, OP 10 128364 & ZA
10 1286365). Mr. Filice, applicant, was in attendance.
Staff gave a presentation regarding the proposal, the location,
surrounding uses and outstanding issues.
The Committee discussed parkland issues. Staff explained the existing
and future green space segments of the Master Land Use Plan, and identified the
locations and status of designated and surplus school sites. Staff also described
the components of active and proposed parks such as play equipment, gazebos, and
water play.
Chris Sauer, President of South Unionville Community Association,
referred to the Open Space Master Plan and discussed the associated
recreational amenities that have been lost as a result of changes to the Plan,
such as the surplus school site and the open space on the south side of Cabota
Trail. The community is requesting amenities in a central location, in a timely
manner. Mr. Sauer suggested that the theoretical parklands shown in the Master
Plan are not owned by the Town and are subject to being converted to
residential uses. He discussed options to acquire the subject lands or the land
south of Helen Avenue to address the deficit of community parkland. Staff advised
that they are working with developers on acquiring parklands.
Tom Han questioned the calculations used to determine the required and
existing parkland, and the inclusion of the stormwater pond. Mr. Han suggested
the wider community be notified for this proposal, instead of the standard
notice to residents only within 120 metres.
Staff clarified that the areas around the stormwater pond and the lands
above the storm trap within the westerly parkette are not included in the
parkland calculations; however, the lands are available and will be developed
as usable park space.
Glenn Baron discussed cash-in-lieu payments. Mr. Baron suggested that
the land owners had not objected to the land on the south side of Helen Avenue
being designated as parkland.
Amanda Godfroy expressed concern that the proposed development will increase
the population and the number of children in an area that is already short of
parkland. Ms. Godfroy noted that the plan of subdivision indicates an alleyway
exiting in front of the school which creates a potential hazard.
Staff agreed to review the street plan and the road extension to
complete South Unionville Drive.
Deputy Mayor Jack Heath assumed the Chair to allow Councillor Don
Hamilton, as Ward Councillor, to make a statement acknowledging the concerns of
the community, and a motion.
Moved by: Councillor Don Hamilton
Seconded by Councillor Alan Ho
1) That the Development Services Commission report dated
February 1, 2011, entitled “Preliminary Report, Castan Avenue (Aurelio Filice),
Proposed Draft Plan of Subdivision and implementing Secondary Plan and Zoning
By-law amendments to facilitate a residential development (6 singles & 15
townhouses) south of Castan Avenue, east of Harry Cook Drive,” be received;
and,
2) That the Record of the Public Meeting held on March 8, 2011
with respect to the proposed Draft Plan of Subdivision and implementing
Secondary Plan and Zoning By-law amendments, be received; and,
3) That the applications by Castan Avenue (Aurelio Filice) for
a proposed Draft Plan of Subdivision (SU 10 128366) and implementing Secondary
Plan and Zoning By-law amendments (OP 10 128364 & ZA 10 1286365), be
referred back to staff for a report and a recommendation; and,
4)
That a
Working Group be formed to address the parkland issue, consisting of residents,
the South Unionville Community Association, Town staff, and Ward Councillor Don
Hamilton; and
5) That the proposal be deferred until
early June 2011, to allow the parkland issue to be resolved; and further,
6) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
2. 378
STEELES AVENUE EAST
APPLICATIONS BY FUNG LOY KOK
INSTITUTE
FOR ZONING BY-LAW AMENDMENT
AND
SITE PLAN APPROVAL TO PERMIT A
PLACE OF WORSHIP AT 378
STEELES AVENUE EAST
(ZA.08-125376 &
SC.08-125397) (10.5, 10.6)
Report
The Chair advised that if Quorum is lost during this Public Meeting,
comments will continue to be heard and recorded on this date, and a continuance
of the statutory Public Meeting will be held at a future date. A sign-in sheet
was circulated to request notice of the Public Meeting.
The Committee Clerk advised that 101 notices were mailed on February
16, 2011, and a Public Meeting sign was posted on February 1, 2011. A notice
was also sent from the Ward Councillor’s office. Thirty-six written submissions
were received regarding this proposal, and two submissions were received during
the Public Meeting.
Gary Sellars, Senior Planner, advised the subject of the Public Meeting
this date was to consider an application submitted by Fung Loy Kok Institute of
Taoism for a Zoning By-lay Amendment and Site Plan Approval to permit a place
of worship, 378 Steeles Avenue, west of Laureleaf Road (ZA 08 125376 and SC 08
125397).
Staff gave a presentation regarding the proposal, the location,
surrounding uses and outstanding issues. A concern has been raised by the
residents that the use will be as a health and fitness facility rather than a
place of worship. In this regard, staff advised that the applicant is registered
as a charitable religious organization by the Canada Revenue Agency (CRA), and
uses will be in accordance with registration, for Taoist religious purposes. The
original proposal was to renovate the existing dwelling and the revised
proposal will demolish the existing building and construct a new 3272 ft2,
two-storey building.
The following issues were discussed by the Committee:
-
Parking requirements for places of
worship are generally high in relation to other uses and are higher than a
health and fitness facility. This proposal includes 30 parking spots which meets
the by-law requirement. The Committee
requested that staff report back on parking regulations.
-
Maximum capacity of the building
under the Fire Code has not yet been determined
-
The size of the elevated terrace
was questioned with respect to activities that may occur outside.
-
Traffic issues will be reviewed
further
-
The building design needs to fit
in with the local character.
-
By-law infractions had occurred on
the property involved renovations without approvals and permits.
-
Questions regarding the proposed
use for a place of worship or Tai Chi classes.
Moved by: Councillor Alex Chiu
Seconded by: Councillor Logan Kanapathi
1) That the Development Services Commission report dated March
8, 2011, entitled, “Preliminary Report – Update, Fung Loy Kok Institute of
Taoism, 378 Steeles Avenue, West of Laureleaf Road, Applications for a Zoning
By-law Amendment and Site Plan Approval to permit a place of worship, File No.:
ZA 08 125376 and SC 08 125397”, be received; and,
2) That the Record of the Public Meeting
held on March 8, 2011, with respect to the application by Fung Loy Kok
Institute of Taoism for an amendment to Zoning By-law 1767, as amended, be
received.
CARRIED
A Quorum was lost at 9:00 p.m., and the Development Services Committee
Public Meeting adjourned. The meeting continued as a Community Public
Information Meeting with Councillor Valerie Burke as Chair.
Adam Brown, solicitor for the applicant spoke on behalf of, and in
consultation with, the applicant’s team of representatives. Mr. Brown displayed
an area map and discussed the context of uses in the area, suggesting the
environmentally sustainable building would be modest in size, massing and
height, with generous setbacks, and would be appropriate for the streetscape. No
cooking facilities are included, and sufficient parking is provided on-site to
avoid on-street parking, but the number of spots can be revised as necessary. The
terrace will be used for normal activities and will not be used for Tai Chi or
other practices. It is intended that between 15 and 20 people will be practicing
at any time, and there are no peak religious or after hours events such as are
experienced in other places of worship. Buffering landscape enhancements will
be provided.
Mr. Brown stated that a charitable health institute does not exist under
the CRA criteria and accessory uses will only involve the teaching functions of
the religion. The Committee questioned the funding of the organization, and was
advised that it is funded by memberships to the Society, similar to other religious
institutions. Tai Chi classes at this location form part of the physical and
spiritual teachings of the religion, and cannot be taken by members of the
public who wish to pay just for the classes. Mr. Brown referred to the definition
and history of the Taoist religion: to cultivate the body and mind.
Louis Koutsaris, local developer and area resident, spoke in
opposition. He stated that he is a recent member of the Toronto Tai Chi
Society, and it is his understanding that he can attend classes at any Tai Chi
outlet. Mr. Koutsaris discussed the rigorous standards for developments in the
area to ensure they are of a quality and character that is acceptable to the neighbourhood.
He expressed concerns for the reduction of the side yard area to accommodate
the parking area, the impact on the view from his property which is to the west
of the subject property, the exclusion of the terrace in the required parking
calculations, and the higher grade level that may be required for storm water
management purposes.
Kwan Tsui spoke in opposition, citing concerns for parking, potential odours
from incense-burning and potential noise from chanting that may occur outdoors,
and requested assurances that the neighbourhood won’t be adversely impacted. He
provided a copy of his presentation and photos of another Fung Loy Kok location
that has a display of flag streamers.
Ralph Levine spoke in opposition to the potential impacts to the neighbourhhood.
Mr. Levine discussed environmental issues, the prospective business nature of
the proposal, and the tax-exempt status. He noted that most of the people that
would use the facility live farther than one kilometer away, resulting in increased
traffic and emissions. He considered the terrace to be inappropriately large
and noted the difficulty for traffic turning at the intersection.
Laurie Finer spoke in opposition to the proposal, stating that the
parking area will be in close proximity to her back yard and she is concerned
about the impacts from noise, pollution, and cars idling.
Dino Dimonte spoke in opposition to the proposal, stating that traffic
problems already exist on Laureleaf Drive and numerous accidents have occurred
at the intersection. Mr. Dimonte suggested the use will be business related
more than religious, and that the property values in the area will be adversely
affected.
Cham Sheung Wong, whose residence is south of Steeles Avenue, in
Toronto, stated opposition to the proposal. Ms. Wong participates in Tai Chi
classes and has found that they can be very large, which may result in traffic
problems at this location.
Evelin Ellison, representing the Ward One Thornhill Residents
Association, spoke in opposition to the proposal and the precedent that it may
set for other similar uses to be established. Ms. Ellison spoke of her
experience living close to other places of worship, suggesting they can expand
to be quite large, creating traffic and parking problems. Ms. Ellison displayed
a photograph illustrating the potential height of a one storey building.
Brian Finer spoke in opposition to the proposal, stating that the area
is a stable residential area. He discussed the parking report that indicates a typical
Tai Chi class operates as a business, often located in a strip mall, and noted
that accessory uses are included. Mr. Finer advised that CRA documents for the Fung
Loy Kok Institute indicate that no income is derived from memberships.
Toinette Bezant, representing the Bayview Glen Residents Association, spoke
in opposition to the proposal with respect to the restriction that Tai Chi
classes are only available to those who are Taoist, and questioned the
religious and accessory and ancillary uses. Ms. Bezant discussed regulatory
issues and CRA documentation that suggests the Taoist Society is a separate entity,
and also that the Dickson Hill facility, owned by the same organization, is a
non-religious organization open to the public. Ms. Bezant requested that the Fung
Loy Kok Institute be required to resubmit their application identifying both
entities and their purposes. A package of documentation was provided that
includes Ms. Bezant’s presentation, Official Plan excerpts, OMB decisions, and
photographs of the subject property and overflow parking on Poinsetta Drive.
William Mongrel stated a question regarding membership and was advised
by Mr. Brown that he would be eligible to join this religion and receive
instruction.
Mr. Brown responded to comments and advised that no incense-burning,
chanting, or similar activities will take place on the terrace, and that the
incidents of flag displays at another location would have been for a particular
celebration, but will not be used at this location.
The Committee and staff continued discussions regarding inclusiveness,
privacy, building design with respect to calculation of lot coverage, overflow parking,
traffic issues, and the nature of the operations for the proposed place of
worship. Mr. Brown advised that that at 378 Steeles Avenue, members will be
paying to join the society, not to just take classes. He could not comment on
how other locations operate. Mr. Brown disputed the interpretation and
relevance of the CRA status.
Staff confirmed to the Committee that if denied, the applicant could
appeal Council’s decision to the Ontario Municipal Board, and if approved, the
use continues with the property if it is sold.
The Committee thanked the members of the public for their comments, and
advised that a further meeting will be held.
ADJOURNMENT
The Community Public Information Meeting adjourned at 11:08 PM.
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