Report to: Development Services Committee Date of Meeting: October 17, 2006

SUBJECT: Preliminary Report

Application for temporary use by-law by the Toronto United Church Council to permit a place of worship at 6910 and 6950 Highway 7 in the Cornell Community

ZA 06-125037

PREPARED BY: Margaret Wouters, Senior Planner, East District

RECOMMENDATION:

That the report dated October 17, 2006 entitled “Preliminary Report. Application for temporary use by-law by the Toronto United Church Council to permit a place of worship at 6910 and 6950 Highway 7 in the Cornell Community” be received;

And that staff be authorized to schedule a Public Meeting to consider the zoning amendment application.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7. Engage ^21st 8. Affected Units 9. Attachment(s)

PURPOSE:

The purpose of this report is to provide preliminary information regarding an application for a temporary use by-law to permit a place of worship on the north side of Highway 7 in the Cornell Community, and to obtain authorization for staff to schedule a Public Meeting to consider the application.

BACKGROUND:

Property and Area Context

The subject lands consist of approximately 7.9 hectares (19.5 acres) of lands on the north side of Highway 7, east of 9^th Line, municipally known as 6910 and 6950 Highway 7. A dwelling and associated outbuilding occupy the lands at 6950 Highway 7. The lands at 6910 Highway 7 are currently vacant. A substantial amount of vegetation, including several rows of trees, is present on the lands. A channel traverses the north portion of the property at 6910 Highway 7 in a north-south direction.

Surrounding land uses include a vacant lot to the west, the Markham-Stouffville Hospital and vacant lands to the north and vacant lands to the east. To the south across Highway 7 are residential properties and vacant lands fronting Highway 7 and a newly constructed residential subdivision (Figures 2 and 3).

Proposal is for a temporary place of worship structure

The proposal is for a temporary 315m² (3,390 sf) place of worship structure within the central portion of the lands, until such time as a permanent place of worship building can be built (Figure 4). The long term development plan for the lands includes the sale of the northern portion of the property (north of the proposed place of worship) to the Markham-Stouffville Hospital and the development of the lands south of the proposed place of worship for residential and mixed commercial uses.

The proposed temporary structure would be constructed of an aluminum substructure covered with an architectural membrane (Figures 5 and 6). An example of a similar temporary structure is provided in Figure 7. Water and sanitary services are proposed to be provided through means of holding tanks. Access is proposed from the existing driveway to the property at 6950 Highway 7.

Cornell Secondary Plan and zoning

Cornell Secondary Plan (1994)

The lands are currently designated Neighbourhood General, Neighbourhood Centre, and Core Residential in the current Cornell Secondary Plan. Places of worship are not permitted within these designations.

Draft Cornell Secondary Plan Update (2006)

An update of the Cornell Secondary Plan was initiated in 2001 in response to a number of changing circumstances affecting the Cornell community, including: changes in Provincial and Region of York policy with respect to intensification; the need for an updated parks and open space plan; and current initiatives such as the Markham-Stouffville Hospital Master Plan, the York Rapid Transit Plan (VIVA) and the objective of establishing business park uses in east Markham.

The subject lands are entirely within the lands described as ‘Cornell Centre’ in the draft Cornell Secondary Plan update, which was released for public comment in March, 2006 (Figure 8). Cornell Centre, encompassing lands on both sides of Highway 7, is intended to function as the central community focus for the Cornell community. Building on the ‘Central Core’ designations in the current Secondary Plan, the Cornell Centre concept provides a wide range of high density residential and mixed-use development.

The lands are designated ‘Institutional’, ‘Residential Neighbhourhood–Cornell Centre’, and ‘Avenue Seven Corridor–Mixed Residential’ in the draft Secondary Plan. A place of worship site is identified within the Residential Neighbourhood designation in the area of the subject lands.

Zoning

The lands are currently zoned Rural Residential Four (RR4) in By-law 304-87. A temporary use zoning by-law to permit the place of worship use is being requested. If approved, the temporary use by-law would be in effect for three years only, after which time Council approval would be required to grant any further extensions of the by-law.

OPTIONS/ DISCUSSION:

Although a place of worship use is not permitted on the subject lands in the current Cornell Secondary Plan, the Official Plan permits Council to enact a temporary use zoning by-law to allow a use that is not provided for in the Official Plan, provided it meets the conditions identified in Section 7.3 e) as follows:

i) Council may pass by-laws to authorize the temporary use of land, buildings or structures for an appropriate purpose that is not permitted under the land use designation as shown on Schedule ‘A’-LAND USE, for a period of up to three years.

ii) Council, when enacting a Zoning By-law permitting a temporary use, shall require that the proposed use is of a temporary nature and shall not entail any major construction or investment on the part of the owner so that the owner will not experience undue hardship in reverting to the original use upon the termination of the temporary use provisions. Requirements may be made in the By-law for provisions to restore buildings, sites, structures or uses to those in effect before enactment of the By-law.

iii) Council may extend a Zoning By-law permitting a temporary use for further periods of up to three (3) years each, in accordance with the provisions of the Planning Act, R.S.O. 1990, c.P.13, as amended, provided such extension does not jeopardize the long term development intentions for the subject lands/area as specified in this Plan.

The proposed place of worship use, and the long term development plan for the lands, which includes a permanent place of worship site as well as residential and mixed commercial uses, is consistent with the land use designations and policies within the draft Cornell Secondary Plan. The temporary place of worship use is being proposed in the central portion of the properties to be consistent with the long term use of all of the lands within the subject properties, and to not compromise the location of the permanent place of worship building.

The merit of the temporary structure, however, requires further consideration. For the proposed temporary structure to be economically feasible for the congregation, a longer “payback period” may be required than is anticipated by a temporary use by-law (i.e., an initial period of 3 years, renewable every 3 years). It is anticipated that the applicant would be applying for renewal of the temporary use by-law for a number of years. Although the proposed temporary structure may be acceptable in the short term given the relatively isolated location of the structure and the potential for screening the structure with existing vegetation on site, the long term compatibility of the structure with the larger proposed development plan for this part of Cornell is questionable. In addition, the acceptability of servicing the proposed structure with holding tanks for a prolonged period of time needs to be addressed. Agreement with the applicant regarding the terms and timing of removal of the temporary structure would be required prior to any temporary use by-law approval.

Site plan approval of the temporary use is required. Retention of as much vegetation as possible would be required to screen the temporary structure from Highway 7 and Bur Oak Avenue. It is noted that the existing channel would not be affected by the proposed siting of the temporary place of worship structure. The nature and long term treatment of the channel would be addressed during review of the site plan for the permanent place of worship building.

Issues to be resolved:

The following issues/concerns have been identified to date:

• The merit of the proposal requires consideration by Council. The preference would be for a permanent structure.

• The temporary use policies of the Official Plan must be addressed, including conformity with the provisions and intent of the plan.

• A site plan application showing the temporary place of worship as well as the future permanent place of worship is required prior to any approval of a temporary use by-law.

· A tree preservation plan and landscaping plan for the temporary structure and the permanent structure are required.

• The appropriateness of holding tanks for sanitary and water services on a temporary basis remains to be determined.

• The terms and timing of removal of the temporary structure needs to be addressed.

These matters, and any others identified through the circulation and detailed review of the proposal, will be addressed in a final staff report to be presented to Committee at a later date.

Public Meeting is recommended

It is recommended that a Public Meeting be scheduled to consider the zoning amendment application. The applicant is encouraged to submit the site plan application prior to the Public Meeting.

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

Tree preservation and landscape plans are required. The nature and long term treatment of the channel will be addressed during review of the site plan for the permanent place of worship building.

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to all relevant departments and outside agencies. Comments and requirements will be addressed during the review process.

RECOMMENDED BY:

________________________ ________________________

Valerie Shuttleworth, M.C.I.P, R.P.P Jim Baird, M.C.I.P, R.P.P

Director, Planning & Urban Design Commissioner, Development Services

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Air Photo

Figure 3 – Zoning and Area Context

Figure 4 – Conceptual Site Plan

Figures 5 & 6 – Proposed Elevations and Floor Plan

Figure 7 - Example of Proposed Temporary Structure

Figure 8 – draft Cornell Secondary Plan Land Use Schedule (2006)

APPLICANT/AGENT:

Robert Martindale

Martindale Planning Services

23 Elizabeth Street

Ajax, ON L1T 2X1

Tel: 905-427-7574

Fax: 905-4272328

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