REPORT TO DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning and Urban Design

 

 

 

 

 

 

PREPARED BY:

Laurie Wheeler, Senior Policy Planner

 

 

 

 

 

 

DATE OF MEETING:

2003-June-17

 

 

 

 

 

 

SUBJECT:

Al Hussain Foundation

10992 Kennedy Road

 

 

Applications to amend the Official Plan, Zoning By-law and Minister’s Zoning Order (Airport) to permit a place of worship in addition to the existing permitted cemetery

File Nos. OPA. 96-005, Z0.96-029 & ZA01118321

 

 

 

RECOMMENDATION:

That the report, dated June 17, 2003 entitled Al Hussain Foundation 10992 Kennedy Road Applications to amend the Official Plan, Zoning By-law and Minister’s Zoning Order (Airport) to permit a place of worship in addition to the existing permitted cemetery, be received;

 

And that Council approve, in principle, the conversion of the existing funeral prayer chapel to a place of worship, in addition to the permitted cemetery, subject to:

i)    the place of worship use being confined to the existing building (600 sq. m.) plus any necessary minor additions which serve to improve the functionality of the existing structure for use as a place of worship, but do not increase the person capacity of the worship area;

ii)       clarification from an architect, as to the person capacity of the worship area, as defined by the Places of Worship Study;

iii)     provision of sufficient parking on the site to meet or exceed the new parking standard for places of worship recommended by the Places of Worship Study;

iv)     submission of a traffic impact study, acceptable to the Town and the Region;

v)      confirmation that the proposed private sewage and water services are adequate for the proposed place of worship use and will not have any significant negative impact on surrounding land uses; 

iv)     submission of a site plan application for a place of worship within the existing building, including landscaping, and elevation drawings; and,

v)      submission of an application to the Region of York for amendment to the Regional Official Plan to permit the conversion of the existing building to a place of worship, in addition to the permitted cemetery use.

 

And that following submission of the required applications for Regional Official Plan amendment and Site Plan approval, and supporting studies and drawings, staff report back to Development Services Committee regarding the revised applications by Al Hussain Foundation to amend the Official Plan and Zoning By-law and Minister’s Zoning Order (Airport) to permit a place of worship within the existing building, in addition to the existing cemetery, at 10992 Kennedy Road.

 

PURPOSE:

The Purpose of this report is to:

·        Provide Development Services Committee with the recommendations of the consultant for the Places of Worship Study, as they relate to the Al Hussain Foundation applications; and,

·        Provide a staff evaluation and recommendations relating to the Al Hussain Foundation applications to permit the expansion and conversion of the existing 600sq. m. funeral prayer chapel at 10992 Kennedy Road to a 1658 sq. m. place of worship (half of which would be below grade).  

 

EXECUTIVE SUMMARY:

As requested by Council, the Town’s consultant, Macaulay Shiomi Howson Ltd.,  has completed both the Places of Worship Study and a review of the Al Hussain Applications for expansion and conversion of the existing funeral prayer chapel to permit a place of worship.  Staff and the consultant have concluded that:

·        There is no justification for a change to the current policy of restricting the development of new places of worship to the urban area, except in very unique circumstances; 

·        The characteristics of 10992 Kennedy Road demonstrate a unique circumstance.  The lands have already been taken out of agriculture use, and designated for institutional use, including an approved building intended for a funeral prayer chapel;

·        The use of the existing chapel for a place of worship, if not significantly expanded, will not significantly increase the impacts on the surrounding area, provided that technical issues relating to traffic, parking and servicing can be addressed; and, 

·        An amendment to the Regional Official Plan is required.

 

Upon submission of the required Site Plan and Regional Official Plan amendment applications and supporting studies relating to the possible conversion of the existing building to a place of worship, staff will report back to Development Services Committee.

 

BACKGROUND:

In 1997 Council approved a cemetery and accessory funeral prayer chapel on the subject lands.  The application for a 2500 sq. m. place of worship was deferred at that time.

In 1996, the Al Hussain Foundation submitted applications to amend the Official Plan (Revised 1987) and Zoning By-law 304-87, as amended, to permit a 2500 sq. m. place of worship and a cemetery on 4 hectares of land at 10992 Kennedy Road.  Council partially approved those applications, as follows:

 

a.       Official Plan Amendment No. 53, approved May 26, 1999, re-designated 1.9 ha of land at the southeast corner of the property municipally known as 10992 Kennedy Road from “Agriculture- A1” to “Institutional – Cemetery” to permit a cemetery;

b.      Zoning By-law 238-98 was passed by Council to permit a cemetery and an accessory funeral prayer chapel and storage building not exceeding 600 sq. m. on the subject property. The building was restricted to a maximum of one storey not exceeding 300 sq. m. ground floor area, with the remainder of the floor area below grade; 

c.       That portion of the Al Hussain Foundation applications for Official Plan amendment and rezoning seeking approval to permit a place of worship on the subject property was deferred by Council in 1997 pending a review of the Town’s place of worship policies; and,

d.      A site plan control agreement for a cemetery and funeral prayer chapel was registered in June 2000.

 

Other necessary approvals for the cemetery and construction of an accessory funeral prayer chapel were obtained.

A Regional Official Plan amendment, required to permit the cemetery, was approved in April 1999.  It added a site-specific exception to permit a cemetery and accessory building on 1.9 ha of land in the “Agriculture Policy Area” designation in the Regional Official Plan.

 

A  Minister’s Zoning  (Airport) amendment was approved in March 1999, permitting a cemetery together with an accessory prayer chapel and storage shed, subject to a maximum height of 1 storey, a maximum gross floor area of 600 sq. m., a maximum ground floor area of 300 sq. m., and minimum front and side yard requirements. 

 

In February 2001, the owner requested the Town reconsider the deferral of the applications to permit a place of worship on the site.  The size of the proposed place of worship was reduced from the original proposal (2,500 sq. m.) to 1658 sq. m. The applicant submitted a study to justify the proposed use.

The applicant’s revised proposal was to construct a 1058 sq. m. addition to the north, west and south sides of the existing 600 sq. m. funeral prayer chapel, and reconfigure the building to a 1658 sq. m.  place of worship, half of which would be below grade.  The proposed uses within the expanded building included a lobby, prayer hall, office, and funeral chapel on the ground floor, and a second prayer hall, kitchen, washrooms, library, and storage area on the basement floor.  The proposed building would have a height of 20m for the dome, and 25.5m for two minarets.  In support of the revised applications, the applicant submitted:

  1. A conceptual site plan illustrating a 1658 sq. m. place of worship and 98 parking spaces;
  2. A draft Official Plan amendment proposing a redesignation of the site from “Institutional – Cemetery” to “Institutional – Place of Worship”;
  3. A Justification Report for the proposal which included:

a.       Planning analysis (February 2001);

b.      Agricultural Assessment (March 1997);

c.       Traffic Analysis (June 1997);

d.      Functional Servicing Analysis (June1997); and,

e.       Hydrogeologic Review (March 1997).

 

In October 2001, the applicant submitted an application to the Ministry of Municipal Affairs and Housing to amend the Minister’s Zoning Order (Airport) to permit the expansion and conversion of the existing funeral chapel to a 1658 sq. m. place of worship. The Province is awaiting the Town’s comments.  To date, no decision has been made by the Minister on that application.

 

A statutory public meeting was held in October 2001.

On October 2, 2001 a statutory public meeting was held to consider the applications for Official Plan amendment and rezoning to permit an expansion and conversion of the existing 600 sq m building to a 1658 sq. m. place of worship.   Development Services Committee referred the applications back to staff and the consultant for the Places of Worship Study for a report and recommendation following the Places of Worship Study open house.  The Open House was held on September 5, 2002.

 

Revised drawings showing a larger (2011 sq. m.) place of worship were submitted in 2002.

In February 2002, the applicant submitted revised drawings illustrating a 2011 sq. m. place of worship, with a capacity of 511 persons in the ground floor prayer hall, and 116 parking spaces (the proposed east elevation, site plan and site statistics are attached as Figures 4,5 and 6).  On September 19, 2002 these plans were presented at a public information meeting arranged by the Ward Councillor.

 

The concerns expressed by the public regarding the proposal relate primarily to the impact of the proposal on the surrounding area

Concerns expressed through the public process included traffic congestion, the capacity of the building, adequacy of on-site parking, preservation of the rural atmosphere, noise, impact on agricultural operations, precedent for further urban development in the rural area, the impact of the proposed development and associated septic system on surrounding wells and tile drainage, the relationship between the proposal and the Places of Worship Study, and the visual impact, including lighting, massing and colour of the building.

 

Council authorized the Places of Worship Study to include an evaluation of the Al Hussain Foundation Applications.

In July 2001, Council authorized that Macauley Shiomi Howson Ltd. and associated sub-consultants be retained to undertake the Places of Worship Study.  The approved Terms of Reference for the Places of Worship study included identification of issues and trends relating to places of worship, a comprehensive review of the Town’s policies relating to places of worship including parking standards, as well as a review of the Al Hussain Foundation applications for Official Plan amendment and rezoning to permit a place of worship at 10992 Kennedy Road.

 

In June 2002, Development Services Committee received the “Town of Markham Places of Worship Study –Background Issues and Options Report” prepared by the consultants, which identified the broad policy issues relating to places of worship.  At that time, staff was authorized to:

 

The public consultation, including a public open house and meetings with representatives of worship groups and developers groups, was completed in October 2002.

 

The consultant’s report regarding the Al Hussain Foundation application has been completed and is attached (Appendix A).  The consultant’s Places of Worship Study:  Future Policy Directions Report has been provided to Development Services Committee under separate cover.

 

DISCUSSION:

Macaulay Shiomi Howson has completed a review of the applicant’s Justification Report. 

The review of the applicant’s justification report by Macaulay Shiomi Howson concludes that:

 

The Places of Worship Study concluded that the Town’s current planning policies for new places of worship in the rural area are appropriate.

The Places of Worship Study concluded that there appears to be no need or justification for a change to the current policy of restricting the development of new places of worship to the urban area, except in unique circumstances.  The rationale for these conclusions included:

·        The policy direction at the Provincial, Regional and Town levels directs that the rural area be “the focus of resource activity, resource-based recreational activity and other rural land uses”, and not uses which have the option of locating in the Urban Area; and,

·        The financial situation of worship groups is not sufficient justification for permitting places of worship in the rural area.

 

The consultant’s study concluded that the Al Hussain proposal for a place of worship is a unique circumstance in which a place of worship could be permitted within the existing building with minimal impacts on the surrounding area, provided that certain technical issues can be addressed.

The property at 10992 Kennedy Road demonstrates a unique circumstance:

·        the lands have already been taken out of agriculture use;

·        the lands have been designated for institutional use, including an approved building intended for funeral prayers and preparation; and,

 

The consultant concludes that the key impacts from the proposed expansion and conversion of the building to a place of worship are the additional visual impact and the impact of the expanded activity at the site on the rural area.  Restricting the place of worship use to the existing building could minimize each of these impacts, provided that technical issues relating to traffic, parking and servicing can be addressed. 

 

Staff and the consultant do not support the conversion and expansion of the building to permit a 1658 sq m place of worship.  In recognition of the unique circumstance presented by the existing cemetery and funeral prayer chapel, and the fact that the 1.9 ha site has already been redesignated and taken out of the “Agriculture” designation, staff and the consultant recommend that Council consider permitting the existing building to be converted to a place of worship, without any significant increase in size or any increase in the person capacity of the worship area. 

 

Additional technical information, and an application for site plan approval are required to support a possible place of worship within the existing building.

Although a place of worship in the existing building is supported, in principle, additional information is required prior to finalizing an Official Plan amendment or zoning bylaw to permit such a use. 

 

An application for site plan approval for a place of worship within the existing building is required.  This application may include any necessary minor additions which serve to make the building functional as a place of worship (e.g. elevator or foyer) , but which do not increase the person capacity of the worship area.  The plan should ensure that the visual and other impacts on surrounding land uses in the area are minimized.  The applicant’s architect must clearly identify the person capacity of the worship area, as defined by the Places of Worship Study, and all supporting drawings and studies must reflect this capacity.

 

In support of the application, the applicant submitted a “Traffic Impact Study” prepared in 1997 for a proposed 2500 sq m mosque with a significantly different site layout than the current proposal and assuming an attendance level of 300 persons at regular services.  A peer review of the traffic study, undertaken by the Region in 1999, concluded that whereas the traffic study was adequate to justify the proposed cemetery, the study would not satisfy Regional requirements for


a traffic impact study to support a mosque on the site.  The peer review concluded that:  “At such time when additional uses on the subject lands are proposed, such as the development of the Mosque, the preparation of a detailed Traffic Impact Study will likely be justified”.  The Town’s consultant, in reviewing the current application, also concluded that the traffic study undertaken for the site in 1997 was not adequate.  The applicant has been advised of these comments and that a traffic impact study addressing Regional and Town requirements is required, however, no further analysis has been submitted.  A traffic impact study, acceptable to the Town and the Region, will be required prior to approval of an Official Plan Amendment for any change in use.

 

The applicant will also need to:

·        Provide sufficient parking on the site to meet the new recommended parking standard for places of worship, or a parking study acceptable to the Town justifying any reduction in the required parking;

·        Confirm that the proposed private sewage and water services are adequate for the proposed place of worship use and will not have any significant negative impact on surrounding land uses.

 

Amendment to the Regional Official Plan is also required to permit a place of worship.

Permitting urban uses in the near-urban area is contrary to the Regional Official Plan.  Regional Planning staff has advised the Province that the proposal for a 1658 sq m place of worship on the property “is contrary to the Regional Official Plan and is not supported”.  No formal comments have been received from the Region on the possibility of converting the existing structure to a place of worship.

 

The Regional Official Plan identifies this area as an “Agriculture Policy Area” which prohibits non-farm development unless there is an amendment to the Regional Plan, evaluated in accordance with criteria which include: whether the proposal will reduce or impede surrounding farm operations; whether suitable alternative locations in urban areas have been considered; the suitability of the site chosen, the reasons for its choice, and the amount of land needed.  There are no provisions in the Regional Plan allowing places of worship in “near urban areas”, nor is the current Regional Official Plan review considering this significant change to the Regional policies. 

 

The applicant has been advised that an amendment to the Regional Official Plan will be required to permit a place of worship on the site, however no application has yet been submitted to the Region.   An application for Official Plan amendment should be filed with the Region to permit a place of worship within the existing building.  Without an application to amend the Regional Official Plan, Markham Council is in the position of considering an amendment to the Town’s Official Plan that is contrary to the Regional Official Plan.   Markham’s Plan is required to be in compliance with the Regional Official Plan.  If an amendment is passed by the Town that is contrary to the Regional Official Plan, the Town’s amendment would have no status until an amendment to the Regional Official Plan permitting a place of worship comes into effect.

 

Staff should report back to Development Services Committee upon submission of the required information and applications.

Following submission of applications for Site Plan approval and Regional Official Plan amendment, and supporting studies and drawings, staff should report back to Development Services Committee regarding the revised applications by Al Hussain Foundation to amend the Official Plan, Zoning By-law and Minister’s Zoning Order (Airport) to permit a place of worship within the existing building in addition to the existing cemetery, at 10992 Kennedy Road. 

 

At that time, Development Services Committee may wish to consider the need for a further public meeting to consider the revised proposal.   A statutory public meeting was held in October 2001 on applications for a 1658 sq m place of worship in addition to a cemetery on the subject property;  although not required, Committee may wish to hold an additional public meeting on the proposal to permit a smaller place of worship, within the existing building.

 

FINANCIAL CONSIDERATIONS

None

 

BUSINESS UNITS CONSULTED AND AFFECTED

This report was prepared by the Planning Department.  Other departments and agencies have been circulated the applications for amendment to the Official Plan and Zoning By-law for comment and their comments are reflected in this staff report.

 

 

 

 

 

____________________________               _________________________

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

Director of Planning and Urban Design            Commissioner of Development Services

                                                                       FIGURE 1

DOCUMENT:             q:\development\planning\appl\opapps\opa96005\dscreptjune1703.doc

 

ATTACHMENTS:       Figure 1 –  Applicant/Agent/Location Map

Figure 2 – Approved Site Plan

Figure 3 - Air Photo

Figure 4 - Proposed Elevation – East Face (Feb 2002)

Figure 5 – Proposed Site Plan (Feb 2002)

Figure 6 – Proposed Plan Statistics (Feb 2002)

 

Appendix ‘A’ – Memorandum to Jim Baird from Elizabeth Howson, dated June 3, 2003 regarding Al Hussain Foundation, 10992 Kennedy Road, Applications to amend the Official Plan and Zoning By-law to permit a place of worship in addition to the existing permitted cemetery

 

Applicant/Agent: Brutto Consulting

                                    Attention:  Mr. Claudio Brutto

                                    668 Millway Avenue, Unit 11

                                    Vaughan, ON          L4K  3V2

                                    Tel:  905-760-9957

                                    Fax:  905-760-1494