DEVELOPMENT SERVICES COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning & Urban Design
	PREPARED BY:	Laurie Wheeler, Senior Policy Planner
	DATE OF MEETING:	2003-June-17
	SUBJECT:	Recommendations of the Places of Worship Study: Future Policy Directions Report

RECOMMENDATION:

That the report, dated June 17, 2003 entitled “Recommendations of the Places of Worship Study: Future Policy Directions Report”, be received;

And that the report prepared by Macaulay Shiomi Howson Ltd. in association with iTrans Consulting Inc., entitled “Places of Worship Study: Future Policy Directions Report”, dated June 2003, be received and the recommendations endorsed;

And that Staff be directed to prepare the necessary amendments to the Official Plan and Zoning (parking) Bylaw to give effect to the recommendations in the Places of Worship Study;

And that a Public Meeting be scheduled for September 2003 to consider the proposed amendments to the Official Plan and Zoning (parking) Bylaw;

And that the definitions and development standards for places of worship in the Town’s zoning bylaws be updated through the ongoing Zoning Bylaw Review, and the findings of the Places of Worship Study be considered in that review;

And that Council approve the new Site Reservation Policy for Place of Worship Sites, set out in Appendix ‘A’ of the June 17, 2003 report entitled “Recommendations of the Places of Worship Study: Future Policy Directions Report”;

And that staff work with the Box Grove developers group to ensure that a place of worship site is identified in the Community Design and Development Phasing Plans for Box Grove, and that the site is reserved in accordance with the new site reservation policy;

And that staff ensure that through the update of the Cornell Master Plan, which is currently underway, three additional place of worship sites are identified and that these sites are reserved in accordance with the new site reservation policy;

And that staff continue to work with developers in Markham Centre to establish appropriate and innovative ways to reserve four place of worship sites in Markham Centre;

And that staff continue to work with the Berczy and Greensborough developers’ groups to ensure that the Council policy regarding the provision of place of worship sites is met.

PURPOSE:

The purpose of this report is to provide a summary and discussion of the key recommendations arising from the Places of Worship Study.

EXECUTIVE SUMMARY:

Background

Council authorized the Places of Worship Study in July 2001. Council received the background report discussing issues and identifying policy options (Options Report) in June 2002. The subsequent public and staff review of the Options Report focussed on three key areas of concern: Official Plan policy, parking standards, and the Town’s places of worship site reservation policy. Staff has worked closely with the consultants in developing the Study recommendations in each of these three areas, and the recommendations are discussed in this report. In addition, this report includes a discussion relating to the provision of sites in OPA No. 5 areas.

A. Official Plan Policy

Minor modifications to the existing Official Plan permissions are recommended, including deleting Places of Worship as a permitted use in the INDUSTRIAL (Business Park Area) designation. Detailed criteria are recommended for the location and evaluation of future applications for new or expanded places of worship.

B. Parking Requirements

The principal concern regarding places of worship has historically been the provision of insufficient on-site parking. In summary, the consultant recommends that the parking standard for places of worship be the sum of:

1. for worship and accessory uses: 1 space per 4 person capacity of the worship area or 1 space per 9 sq. m. net floor area of the place of worship, whichever is greater;
2. for accessory residences: residential parking standards; and
3. for auxiliary uses: current Town standards for those uses.

Worship area is to be defined as set out in this report, and includes all aggregate areas used for the observance of religious functions. Person capacity figures for the worship area will be provided by the project architect, and shall be based on one fixed seat per person (0.5m bench space per person) or 0.75 sq m per person in non-fixed seating areas, and shall exclude the capacity of any areas used primarily by the worship group leader.

Additional recommendations of the parking consultant include:

• The new parking standard will be applied only to new construction, and only to new additions for existing buildings (i.e. existing space will be “grand-fathered”);
• A parking study would be required to justify any application for relief from the recommended parking standards. The parking study would address, among other things, the capacity of the place of worship, any formal agreements to share parking with nearby uses, usage of the place of worship, accessory and auxiliary space;

· A special parking assessment for places of worship is required for Markham Centre.

In addition, any variances granted for relief from the parking requirements should be conditional on the property remaining in the same ownership.

C. Site Reservation Policy

The Town’s current site reservation policy is dated. The consultant has recommended a revised site reservation policy, as outlined in Appendix ‘A’ to this report. Key elements of the policy include:

• reservation through the subdivision agreement of appropriate place of worship sites in residential communities for five years from the date of approval of the Secondary Plan identifying the site, or three years from the date of registration of a subdivision agreement, whichever is greater;
• placing the reserve sites in a “holding” zone;
• purchase and sale agreements to be arranged directly between the developer and the purchaser utilizing a guideline price not to exceed the land price established for school sites in the Education Development Charge, as updated; and
• publicizing the availability of sites on the Town’s web site.

D. Provision of Place of Worship Sites Within OPA No. 5 Areas

The current site reservation policy and the low land price in the policy have been deterrents to setting sites aside within OPA No. 5. Staff will continue to use existing planning processes to ensure that the appropriate number of sites are set aside in Markham Centre, Box Grove and Cornell Secondary Plan areas. Staff will also continue to work with the Greensborough and Berczy Village developers groups to ensure that the Council policy regarding the provision of place of worship sites is met.

BACKGROUND:

In July 2001, Council authorized Macaulay Shiomi Howson Ltd. and associated sub-consultants to undertake the Places of Worship Study. The approved Terms of Reference for the Study included identification of issues and trends relating to places of worship, and a comprehensive review of the Town’s policies including parking standards relating to places of worship.

The Places of Worship Study was undertaken in two phases: completion of a research and background report discussing issues and identifying policy options, and a second phase of developing a recommended policy approach. In June 2002, Development Services Committee received the “Town of Markham Places of Worship Study - Background Issues and Options Report” (Options Report) prepared by the consultants. That report summarized the background research, analyzed the implications of that information with respect to policy directions, and outlined possible policy options with respect to places of worship. At that time, the Development Services Committee authorized staff to initiate the next phase of public consultation, and to bring forward a report regarding the results of the consultation, and the recommended policy approach for the Town with respect to places of worship. The public consultation, including a second Public Open House and a series of meetings with representatives of worship groups and developers, was completed in October 2002.

The consultant has completed the second phase report entitled “Places of Worship Study: Future Policy Directions Report” (Directions Report), dated June 2003. The executive summary of the Directions Report is attached as Appendix ‘B’ to this report. The full Directions Report has been made available to Committee members under separate cover, and will be made available to the public upon Committee receipt.

DISCUSSION:

A. OFFICIAL PLAN POLICY

The Town’s current Official Plan policy, providing for places of worship throughout the majority of land use designations within the urban area, but not in the rural area, is appropriate.

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

• The range of site needs, including places of worship which serve a regional function, can be met in the urban area;
• No significant growth is expected in the rural area, so new places of worship are not required to serve the rural community;

· 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;

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

The Study recommends that expansion of existing places of worship within the Agriculture designation should be restricted to any expansion which may be permitted under the existing zoning bylaws.

A report on the applications by Al Hussain Foundation for Official Plan amendment and rezoning to permit a place of worship in the rural area, at 10992 Kennedy Road, is provided separately on the Development Services Committee agenda.

Places of worship should continue to be permitted in the URBAN RESIDENTIAL and COMMERCIAL (Community Amenity Area) designations, subject to certain criteria.

The consultant has recommended that place of worship sites continue to be permitted in the URBAN RESIDENTIAL and COMMERCIAL (Community Amenity Area) designations, subject to certain criteria to be outlined in Section 2.16 of the Official Plan, including the following:

a. Place of worship sites on Arterial Roads, at the periphery of residential communities:

· shall require zoning and site plan approval;

· shall be located at an intersection;

· shall require an Official Plan amendment if greater than 2.5 ha in size;

a. Place of worship sites internal to residential communities:

· Shall require zoning and site plan approval;

· shall be located on Major Collector roads at an intersection with another Collector or Arterial Road;

· shall be in proximity to other institutional, commercial, mixed use or higher density residential uses;

· shall continue to require an Official plan Amendment if greater than 2 hectares, unless they are otherwise identified in a secondary plan as a large place of worship site; and,

b. Sites set aside in accordance with the Town’s site reservation policy will be identified on Secondary Plan schedules with a “Place of Worship” symbol and zoned utilizing a “hold” symbol. These sites will require hold removal and site plan approval.

Places of worship should continue to be permitted in most INDUSTRIAL, COMMERCIAL, HAMLET AND INSITUTIONAL designations, with certain exceptions.

The consultant has recommended that:

a. Places of worship should be prohibited from locating in the INDUSTRIAL (Business Park Area) designation to ensure that the planned function of these areas is met and maintained;

b. All new places of worship and expansions of existing facilities in the COMMERCIAL (Heritage Main Street Area) and HAMLET designations will require zoning and site plan approval and should be designed to complement adjacent heritage features. Sites over 2 ha in size will continue to require an Official Plan amendment;

c. Places of worship will continue to be prohibited in the INSTITUTIONAL (Cemetery) designation;

d. Places of worship in the INDUSTRIAL (Business Corridor) designation may continue to be permitted as-of-right in Business Corridor (BC) zones. Site plan approval shall be required. Sites over 2.5 ha shall require an Official Plan amendment; and,

e. All other sites not addressed above within the INDUSTRIAL, INSTITUTIONAL and COMMERCIAL, designations will require zoning and site plan approval. In these designations, places of worship will only be permitted on a Provincial Highway or an Arterial or Major Collector Road, with the exception that such uses may be permitted on a Minor Collector or Local Road in areas designated INDUSTRIAL (General Industrial). Sites over 2.5 ha will require an Official Plan amendment.

Additional development criteria need to be established in the Official Plan for the review and evaluation of development proposals for places of worship.

The Town’s current Official Plan does not have policies specific to the evaluation of development proposals for places of worship. Table 2 of the consultants report (included in the Executive Summary in Appendix ‘B’) lists a series of criteria to be considered in the review of applications for places of worship, including: land use designation, location in terms of adjoining road(s), impacts on the surrounding area, access, traffic, parking, landscaping, buffering, site and building design. The proposed policies also identify the type of studies typically required, where relevant, to fully evaluate proposals for places of worship.

The proposed policies specify the type of assistance available to worship groups in Markham.

The Town of Markham has long recognized the significance of places of worship to its residents, and the need to provide appropriate place of worship sites within the community. The consultant report recommends that the Official Plan specifically make reference to the Town’s commitment to continue to work with faith communities to develop places of worship through various means including:

a. Identification of place of worship sites in new Secondary Plans, and prezoning;

b. Implementation of a site reservation policy for places of worship in new residential communities; and,

c. Rental of Town facilities to worship groups.

The consultant recommends that the definition of places of worship be clarified to distinguish between auxiliary and accessory uses.

In response to community needs, places of worship are becoming larger, and incorporating a wider range of non-worship functions. It is important to ensure that places of worship be, by definition, used primarily for worship. For parking and zoning purposes, applications for uses that are not accessory to the primary worship function need to be separately assessed.

The difference between accessory and auxiliary uses is discussed further below in the section on Parking Requirements.

Markham Centre requires special consideration.

Markham Centre is Markham’s planned downtown, and is intended to be a regional centre with a mix of uses, including social and cultural facilities. As such, it is appropriate to provide for places of worship within Markham Centre. During the public consultation, the development industry expressed concern that sites with large areas of at-grade parking would not be consistent with the unique planning and urban design objectives of this Regional Centre. To ensure an appropriate site design and building form for places of worship in Markham Centre, exceptions are required from the general guidelines and locational recommendations, as follows:

· Places of worship may be located on an Arterial, Collector or Local Road within Markham Centre;

· Urban design guidelines should be developed for places of worship in Markham Centre. These guidelines should address the possibility of places of worship as either freestanding buildings or part of a mixed use development;

· An Official Plan amendment should be required for any freestanding place of worship site in Markham Centre that exceeds 0.8 ha;

· A separate parking assessment should be carried out to establish appropriate parking provisions for places of worship in Markham Centre (including provisions for shared or structured parking);

· Development standards should be established for places of worship in Markham Centre zoning bylaws.

B. PARKING REQUIREMENTS FOR PLACES OF WORSHIP

The Town’s parking standard for Places of Worship is 20 years old and is not generating sufficient parking supply.

The Places of Worship Study found that historically, the principal concern regarding places of worship has been the provision of insufficient parking. The current parking standard for places of worship is:

· 1 space per 17.5 sq m. of gross floor area, or 1 space per 6 seats (50 cm of bench space), whichever is greater;

• If an assembly hall is included, and the number of required parking spaces for the assembly hall (1 parking space per 9 square meters) is greater than that required for the entire building when assessed at the place of worship standard, then the number of parking spaces required for the assembly hall shall be the total parking spaces required on the lot;
• Place of Worship is defined as: “a premises used by a charitable religious group(s) for the practice of religious rites”;

· Assembly hall is defined as: “a premises used for the gathering together of a number of persons for charitable, civic, cultural, educational, fraternal, political, recreational, social or like purposes, and may include facilities for the consumption of food or drink, but not for any commercial purpose”.

This current parking standard was adopted by Council as a guideline in January 1983. Between 1983 and 1997, this Council guideline was incorporated into many site-specific bylaws for places of worship. In 1997, the standard was formally incorporated into the Town’s parking bylaw.

In some instances, places of worship have provided additional parking on their own lands or on vacant nearby lands to accommodate their parking needs. Some recent examples of parking provided greater than the Town’s current parking standard have included:

· Jamatkhana at 350 Apple Creek Blvd has provided additional parking on adjacent hydro lands to accommodate approximately 1 parking space per 1.8 persons capacity or 1 parking space per 4.9 sq m gfa; and,

· Unionville Alliance Church at 4898 16^th Avenue has provided additional parking on vacant lands to accommodate approximately 1 parking space per 2.1 persons capacity, or 1 space per 7.1 sq m gfa.

The deficiency in the Town’s current parking standards was highlighted recently when Blessed Agnes Kouying Tsao Catholic Church advised the Town, prior to opening their new facility at 2130 Rodick Road, that the parking provided on site of 1 space per 4.6 seats, or 1 space per 13.5 sq.m. gfa (in excess of the Town requirements) would not be sufficient to accommodate regular Sunday worship.

The Places of Worship Study determined that there are very few new places of worship that serve only the local community. Most places of worship, both large and small, serve regional-based congregations, which primarily arrive by car. According to iTrans, the Town’s parking consultant for the Places of Worship Study, the Town’s current parking standard of 1 space per 6 seats or 1 space per 17.5 sq m gfa provides, on average, parking for approximately 49% of the capacity of a place of worship. Insufficient parking has resulted in conflicts with neighbouring land uses, especially in residential areas. The Town’s current parking standard is 20 years old and needs to be updated.

The Options Report proposed a new parking standard of 1 space per 4 seats or 1 space per 9 sq. m. net floor area, whichever is greater.

The Options Report proposed a new standard of 1 parking space per 4 seats or 1 parking space per 9 sq. m. net floor area, whichever is greater. A parking study was also recommended for:

· all places of worship requiring over 100 parking spaces, and

· any applicant seeking a reduction in the parking standard.

Public consultation regarding the proposed parking standard provided a variety of comments/concerns.

There was general consensus that the proposed parking standard of 1 space per 4 seats or 1 per 9 sq m. would provide a better supply of parking than the existing standard, however, the following concerns were expressed regarding this proposed parking standard:

• the new standard may still result in insufficient parking for places of worship in residential areas;
• the proposed parking standard may result in insufficient parking for places of worship with no seating;
• the proposed parking standard of 1/9 sq m net floor area may result in an excessive parking requirement for places of worship with large amounts of accessory space that is not used at the same time as worship space;

• accessory space within places of worship (such as foyers and office space) should be considered differently in establishing a parking standard;

· if a place of worship can meet the parking standard, why should a parking study be required?

· what would be the content of required parking studies;

• the requirement for parking studies has the potential to introduce a “variability” into the parking requirement for new place of worship sites and will not provide sufficient “predictability” of site size requirements for either worship groups looking to purchase sites, or the Town/ developers establishing new reserve sites;
• the Region of York concurred that there is a need to assess parking and traffic impacts through studies, in order to minimize impact on regional roads of spillover parking and to address off-site and shared parking options;
• to what extent would the new standard be applied to each of the following:

§ Minor additions to existing places of worship;

§ Site plan approved expansions, or new places of worship, not yet built; and,

§ Vacant zoned place of worship sites.

The parking consultant for the Places of Worship Study recommends some minor fine-tuning of the recommended parking standard for places of worship of 1 space per 4 persons, or one space per 9 sq.m. net floor area (whichever is greater)

The traffic and parking consultant for the places of worship study has reviewed the comments received regarding the proposed parking standard, and has provided revised recommendations outlined below.

That portion of the parking standard relating to the number of parking spaces per seat should be revised to relate to the person capacity of the worship area.

It is important to ensure that parking is provided in relation to the number of persons the place of worship can accommodate for worship purposes, regardless of whether the religious practice is to have those persons seated, standing or kneeling.

Determining the person capacity of a place of worship for its worship function, is challenging due to differences between places of worship relating to the flexibility of total seating in the worship area, occasional use of temporary seating, flexibility in the area(s) used to accommodate seating, the nature of the “seating”, and differences between worship groups regarding where men, women and children worship,

The consultant recommends that “Worship Area” be defined to include all aggregate areas that could be used for worship, as follows:

“Worship area means the aggregate of those areas whether above or below established grade measured between the walls of the sanctuary, hall or meeting room(s) which a religious group, organization or denomination utilizes for the observance of its religious services, including any balcony or area which can be opened on a temporary basis to such sanctuary, hall or meeting room(s) by the removal or opening of any walls or partitions and any choir or musicians area, but excluding any areas intended solely for the use of the worship group leader, such as altar or pulpit areas”

This definition includes all areas, including those outside of the main worship area, that are used for the observance of religious services, including balconies and areas behind flexible walls.

The capacity of the worship area can be determined utilizing:

a. The number of fixed seats, or 0.5m bench space per person, including seating used by any musicians or choir; and,

b. 0.75 sq m per person, where there are no fixed seats (based on the Ontario Building Code)

The project architect will be responsible for providing person capacity figures for the worship area. The area, usually at the front of the worship area, used primarily by the worship group leader and not by congregants, has been excluded from the recommended definition of worship area, to ensure that there is no over-counting of capacity.

Places of Worship function as “assembly halls” in nature. It is therefore appropriate to assess parking requirements for places of worship in a manner similar to assembly halls.

During public consultation, concern was expressed that the proposed parking standard of 1 space per 9 sq.m. net floor area may result in an excessive parking requirement for places of worship with large amounts of accessory space, such as foyers and classrooms.

The role of places of worship is expanding to meet the needs of new congregants, and the needs of the broader community. The Places of Worship Study found that place of worship buildings often provide a range of services and facilities beyond their worship function; some function as recreation centres, cultural centres, and even educational centres for their congregants and the broader community.

Places of worship are similar in function to assembly halls. Under the Town’s parking bylaw, an “assembly hall” is defined as:

“a premises used for the gathering together of a number of persons for charitable, civic, cultural, educational, fraternal, political, recreational, social or like purposes, and may include facilities for the consumption of food or drink, but not for any commercial purpose”.

The Town’s parking requirement for assembly halls (including space accessory to the actual assembly rooms such as kitchens, foyers, storage areas and corridors) is: 1 parking space per 9 sq. m. of net floor area. “Net floor area” is defined in the Town’s bylaws as:

“the aggregate of the floor areas of a building above or below established grade, but excluding car parking areas within the building, stairways, elevator shafts, service/mechanical rooms and penthouses, washrooms, garbage/recycling rooms, staff locker and lunch rooms, loading areas, any space with a floor to ceiling height of less than 1.8 meters and any part of a basement that is unfinished, is used solely for storage purposes and is not accessible to the public”

Typically, the areas of a building excluded from gross floor area to produce the net floor area are around 5 to 10%.

It is appropriate that places of worship, including the space accessory to the worship function, be assessed parking at the assembly hall rate, using the “net floor area” definition which is utilized for other uses throughout the Town. If a place of worship feels that the parking requirements are excessive for the specific mix of worship, accessory and auxiliary uses of their facility, relief may be granted through a minor variance, as discussed below.

Parking for residences accessory to the place of worship should be assessed at the residential parking rate, unless the residences have been converted to other accessory uses.

For clarity, it should be noted that an accessory residence for the faith group leader(s) should be exempt from the net floor area of the place of worship, unless it is converted to other (e.g. office) uses. The consultant recommends that accessory residences be assessed parking at the residential parking rate.

Places of worship, by definition, should be used primarily for worship. Auxiliary uses should be assessed their own parking.

Under the Town’s zoning bylaws, an accessory use means “a use, customarily and normally subordinate to, incidental to and exclusively devoted to a main use of land or building and located on the same lot.” The Places of Worship Study found that virtually all places of worship have, in addition to the worship area, general purpose or classroom space, kitchens, and offices – these are accessory uses. Residences for the worship group leader are another common accessory use. With the exception of the accessory space used for residential purposes, the accessory uses should be assessed parking as part of the place of worship use.

The current trend is towards the construction of larger places of worship, incorporating additional uses such as recreation facilities, private schools, or banquet and convention facilities which are not “customarily and normally subordinate to, or incidental to and exclusively devoted to” the place of worship use. These additional uses are auxiliary rather than accessory to the worship use. The consultant has recommended that the definition of a place of worship be clarified to ensure that uses such as private schools, recreation and convention facilities, and day care centres, are clearly auxiliary (not accessory) uses which would require separate zoning permission and their own parking requirements.

A parking study should be required for any proposed place of worship requesting relief from the Town’s parking standard.

Each place of worship is unique with respect to which additional facilities they provide, the size of those facilities, and the when those facilities are used. The Options report suggested that due to the diversity of place of worship requirements, a parking study be required for any place of worship with more than 100 parking spaces. During the public and internal circulation, it was determined that the implementation and administration of this requirement would be difficult because:

• parking study findings would be difficult to enforce for those sites which meet the parking requirement and have existing zoning permission for a place of worship, and
• there would be uncertainty for places of worship in determining the site size requirements for new facilities.

Based on further analysis, and the revisions to the recommendations outlined above, the consultant has concluded that a parking study should be required only where relief is requested from either:

• the place of worship standard, or
• the requirement to provide additional parking for auxiliary uses.

Place of worship facilities, especially large places of worship, may include a unique mix of accessory and auxiliary uses. A parking study for a specific proposal would help to clarify the usage of the space within the building and the possible sharing of parking between uses operating at different times.

For example, if a worship group proposed the construction of a building which included a large place of worship as well as a large amount of accessory and auxiliary space, including a school, meeting/convention facilities, and recreational facilities, relief from the recommended parking standard might be appropriate if some of the uses could share parking throughout the week. In this case, it would be appropriate to undertake a parking study to carefully assess the parking requirements for each use in the proposal, determine the person capacity of the building for worship (utilizing the definition of worship area recommended by the consultants), as well as the capacity of the building for other uses, the possible sharing of parking facilities between the main and auxiliary uses on site, and any formal agreements to share parking with nearby off-site uses.

The new parking standard should apply to new construction only.

During the public consultation, worship groups expressed concern regarding the application of a new parking standard to minor additions to existing places of worship where minor additions are proposed. The recommended new parking standard would apply only to new construction for which no building permit has yet been issued. Existing structures would be “grand-fathered”. Where relief is requested from the new parking standard, a request may be made to the Committee of Adjustment, based on a parking study for the proposal.

Where granted through the Committee of Adjustment, relief from parking requirements may be limited to the period of time the applicant owns the property.

Members of Council have expressed concern that relief from the parking standard, granted by way of a study undertaken for a specific worship group, may not be appropriate for another worship group should the structure change ownership.

The Town Solicitor has advised that, pursuant to S45 (9) of the Planning Act, a variance can be subject to a condition that limits the relief granted to a period of time. The OMB has interpreted that power to include conditions limiting the variance to the period of time during which an applicant is the owner of the property. Therefore, relief from parking requirements could be subject to the property remaining in the current ownership.

Relief from parking requirements granted through rezoning cannot be similarly tied to ownership. Parking relief provided through a site-specific zoning bylaw should, however, be tied to the maximum occupancy of the building.

A separate parking assessment should be undertaken for places of worship in Markham Centre to establish appropriate parking provisions reflecting the unique character of Markham Centre.

Markham Centre is intended to be a unique mixed use community with the potential for high levels of transit service and policies to encourage non-auto usage. A separate assessment needs to be undertaken with respect to the parking needs of places of worship in Markham Centre to reflect its unique character, and to encourage shared parking, structured parking, and transit usage.

In summary, staff concur with the consultant’s recommendations regarding parking for places of worship, as outlined in the Places of Worship Study: Future Policy Directions Report.

The current parking standard is out of date. A new parking standard is required which reflects the needs of today’s places of worship. The new parking standard should be based on the capacity of the building for worship and accessory uses. Auxiliary uses should be separately assessed for their parking requirements. In summary, the consultant recommends that the parking standard for places of worship be the sum of:

• for worship and accessory uses: 1 space per 4 person capacity of the worship area or 1 space per 9 sq. m. net floor area of the place of worship, whichever is greater;

• for accessory residences: residential parking standards; and,
• for auxiliary uses: current Town standards for those uses.

Worship area is to be defined as set out in this report, and includes all aggregate areas used for the observance of religious functions. The person capacity of the worship area is to be provided by the project architect, and shall be based on:

1. one fixed seat per person;
2. 0.5 bench space per person; and
3. 0.75 sq m per person in non-fixed seating areas; and,

shall exclude the capacity of any areas used primarily by the worship group leader.

The new parking standard will be applied only to new construction, including any additions to existing places of worship.

A parking study would be required to justify relief from the recommended parking standards. The parking study would address, among other things, the capacity of the place of worship, any formal agreements to share parking with nearby uses, usage of the place of worship, accessory and auxiliary space.

Any minor variances granted for relief from the parking requirements could be conditional on the property remaining in the same ownership.

A special parking assessment for places of worship is required for Markham Centre.

C. THE TOWN’S SITE RESERVATION POLICY

Markham Council has a unique policy of identifying place of worship sites in residential communities and holding them in escrow for acquisition by worship groups for a period of 5 years.

Since 1977, there has been a Council policy that directs an administrative process to set aside and zone lands for places of worship within developing residential areas. The 1977 policy required that where place of worship sites were identified in Secondary Plans, those lands would be zoned and set aside for acquisition as place of worship sites, for a period of five years. That policy remains essentially the same today, although there have been some modifications. The Places of Worship Study found that the Town’s site reservation policy was relatively unique. Only one other municipality in the GTA has a similar policy.

Council adopted the current site acquisition policy in 1988, following a report from the Task Force on Places of Worship (established in 1987), and based on a staff report dated November 22 1988 entitled “Planning Director’s Review of the Report of the Task Force on Places of Worship”. In summary, this policy is as follows:

1. Number and Size of Sites in Secondary Plans

· Secondary Plans shall designate 1 site of at least 0.8 ha for up to5000 persons of planned population and 1 additional site of at least 0.8 ha for up to each additional 6000 persons of planned population;

· One of every four place of worship sites in a Secondary Plan area, or contiguous area, shall have a minimum area of at least 2 ha, and shall be used solely for a place of worship and accessory uses thereto. A day care centre may also be permitted.

2. Site Reservation Process

· Sites identified in Secondary Plans shall be held in escrow, through subdivision agreements, for a period of 5 years for purchase by a worship group;

· Council shall ensure appropriate public notification in advance of the end of the escrow period;

· Council shall determine the means of notification;

· In the event that all of a 2 ha is not required for a place of worship, Council may consider and give preference to use any or all of the site for: a daycare centre, residential uses previously approved by Council, institutional uses serving the wider community, or high density non-profit seniors housing.

3. Site Price

· Council shall establish the price of the first 0.8 ha (In 1986 the price was established as $150,000/acre); and,

· There shall be no servicing charges, inflation clauses or interest.

The site acquisition policy has assisted worship groups in finding sites for places of worship; however, the policy needs to be updated.

Between 1979 and 2001, 22 sites were identified in Secondary Plans, and reserved for five years for place of worship use. Of these, 13 were approved for the development of places of worship. (Three remain in escrow, two are on plans of subdivision that are not yet registered; and others were ultimately developed for residential uses) The site acquisition policy has provided approximately one-third of the sites for new places of worship established over the last 20 years. The remaining two-thirds were acquired through direct market transactions.

Through the public consultation process associated with the Places of Worship Study, the worship groups advised that:

· The site acquisition policy has been helpful in providing worship groups with the opportunity to acquire sites;

· Prezoning of sites is especially helpful;

· It is useful to have sites identified early in the development process to provide sufficient time to allow worship groups to grow in membership and resources;

· Price is a key factor in the acquisition of sites by worship groups; commercially zoned property values are too high for worship groups;

· The diverse needs of worship groups cannot all be satisfied through the process; some groups will continue to seek sites through direct market transactions;

· Worship groups need to be made more aware of the town’s site reservation policy; and,

· The municipality could assist worship groups by providing a centralized source of information regarding available sites.

The comments received from a subcommittee of the Developers Roundtable regarding places of worship included:

· Developers recognize the responsibility of the Town to address the need for place of worship sites to serve the community;

· Developers are prepared to work cooperatively with the Town and the faith communities in the provision of sites, provided the policy is updated;

· The current outdated land price is unfair to the development community;

· It is inappropriate for the Town to establish the price of land; however, if the Town does establish a price, the developers would support tying the price to the land values established for school sites in the York Region School Boards’ Education development Charge Bylaw;

· Suggestions for elements of a new policy included:

o Identification of sites in the Secondary Plans rather than Development Phasing Plans;

o The Town should not reserve the sites in escrow; but rather through the subdivision agreement, and a “Hold” provision appended to the zoning;

o Sites should be registered as a block; however, the alternate site use should be an underlying permission in the zoning;

o Sites should be set aside for less than five years from the date of registration of the plan of subdivision;

o Developers should identify sites and their alternate uses in their sales office display drawings;

o A registry of sites should be placed on the Markham web site to assist in the sale of sites;

o Developers Group agreements could address the provision of worship sites (similar to school and park provisions).

In addition, the former Town Solicitor advised that the practice of holding sites in escrow, negotiating the sale of sites, and advertising at the end of the escrow period, has been cumbersome and difficult.

After consideration of the input from the consultation process, staff and the consultant recommend changes to the site reservation process and price policy.

The recommended site reservation policy is summarized in Appendix ‘A’ to this report. It is recommended that 1 site continue to be set aside for each 6000 persons of planned population in new residential areas. The minimum site size should be increased to 1 ha, and a variety of site sizes should be encouraged. In recognition of the unique character of development in Markham Centre, the minimum site size would not be applicable in that area.

The key concerns in the revision to the policy have been to ensure that sites are set aside for an appropriate period of time, at a fair price, and the role of the Town in worship site provision and ensuring that information and assistance is provided to worship groups. Each of these concerns is discussed further below.

The land price should be based on the land value established by the York Region School Board’s Education Development Charges Bylaw.

Price is a key factor in the acquisition of sites by worship groups; however, two-thirds of new worship sites established in Markham over the last 20 years have been the result of private market purchases, outside of the Town’s site acquisition policy.

The existing price established in the Council policy (in 1986) is well below market value. That price restriction has met significant resistance in the development community and has resulted in fewer sites being set aside, to date, in the OPA No. 5 areas, than recommended by the policy.

Tying the maximum price of place of worship sites to the land price in the York Region School Boards’ Education Development Charge (EDC) Bylaw has several advantages:

o The price is fair:

o It is based on the fair market value of serviced low density residential (not commercial) land;

o The price is indexed every year; and,

o The price is reviewed every five years through a public process;

o The price appears to be acceptable to the development industry; and,

o It removes the Town from the process of establishing and updating the price on a yearly basis.

In addition, the Town policy should also require that the sites be graded, serviced, grassed and appropriately fenced to limit the costs to the worship group that acquires it.

The role of the Town will be to ensure that appropriate sites are identified in Secondary Plans, the sites are reserved in subdivision agreements to be sold at or below the EDC land price, and that appropriate zoning is established.

The sale of the sites to worship groups would be privately arranged between the developer and the worship group purchaser; the Town would no longer be involved in holding sites in escrow.

Through the planning process, the Town can implement the recommended site reservation process by ensuring that:

· Appropriate sites are identified in new Secondary Plans;

· Subdivision agreements (or a site plan agreement or other agreement where there is no subdivision agreement) include:

o Identification of each site as a block on the subdivision plan;

o Provisions requiring that sites be set aside for the minimum reserve period (see below);

o A guideline with respect to price, based on the EDC;

· The block is dual zoned using “hold” provisions; and,

· The site is appropriate for the zoned alternative uses.

Removal of a hold would be tied to execution of a site plan agreement for a place of worship use, or expiration of the site reservation period and execution of a subdivision or site plan agreement for the alternative use.

To encourage the early identification of potential place of worship sites, sites should be set aside for five years from the date of approval of the Secondary Plan in which the site is identified, or three years from the date of registration of the subdivision agreement, whichever is longer.

Worship groups indicated that it is important to identify sites early in the development process. The current practice of identifying the sites in the development phasing plan has not been effectively implemented. Reverting to the previous practice of identifying the sites in the Secondary Plans would be more successful in ensuring that sites are identified early in the process. Once the sites are identified in an approved Secondary Plan, the sites could be listed on a web site registry with developer contact names, to allow worship groups to begin negotiations for suitable sites. It is also recommended that the Secondary Plans include a policy that allows flexibility in site location, provided that the new location is consistent with Official Plan policy and the structural and other objectives of the Secondary Plan continue to be met. This policy would be similar to the current policy for school sites.

The existing Town policy requires that sites be held in escrow for a period of 5 years from the date of registration of the subdivision agreement. Developers requested that the Town consider reducing this time. Worship groups indicated that a long lead time is required for their planning and financing programs. If sites are listed in a web site registry from the date of Secondary Plan approval, then worship groups will become aware of sites earlier in the process. It is recommended that sites be reserved, through the subdivision or other agreement with the developer, for a minimum of five years from the date of approval of the Secondary Plan identifying the site, or three years from the date of registration of the subdivision agreement, whichever is longer. In this way, sites are still available to the worship groups for a minimum of five years; however, the initiation of the five years begins from date of approval of the Secondary Plan identifying the site; sites shall be set aside for a minimum of 3 years from the date of registration of the agreement (rather than 5 years).

Minor revisions will be required to the Official plan to recognize the new policy. Many existing Secondary Plans refer to the former requirement to reserve sites for places of worship for a minimum of 5 years from the date of registration of a subdivision agreement. The Official Plan amendment for Places of Worship policy must include a provision to ensure that notwithstanding any place of worship policies in existing Secondary Plans to the contrary, new place of worship sites shall be reserved for a minimum period of five years in accordance with the updated site reservation policy.

The site reservation policy and process will continue to provide significant assistance to Worship Groups.

The Town of Markham has long recognized the significance of places of worship to its residents and their importance in the creation of a healthy and diverse community. The purpose of Markham’s site reservation policy has been to assist worship groups in the identification and acquisition of appropriate place of worship sites within the residential community. The new recommended policy will continue this tradition by:

o Identifying sites early in the planning process;

o Ensuring that appropriate sites are set aside for at least five years for acquisition by a worship group;

o Publicizing the availability of sites on the Town’s web site;

o Ensuring that the price for worship sites is fair to both the developer and the worship group; and,

o Prezoning place of worship sites.

In summary, staff recommends approval of a new site reservation policy as set out in Appendix A.

The recommended site reservation policy for places of worship will provide significant benefits to the worship group community, while at the same time ensuring that a fair price is paid for the land, and appropriate sites are set aside.

D. IMPLEMENTATION OF THE TOWN’S SITE RESERVATION POLICY IN OPA No. 5 AREAS

Staff will continue to work with developers in the OPA No. 5 area to ensure that sites for places of worship are provided to meet the 1 per 6000 persons standard.

Most of the OPA NO. 5 Secondary Plans include policies requiring place of worship sites to be identified in Development Phasing Plans, and include a reference to the Town’s site reservation policy for places of worship. Unfortunately, the Development Phasing Plans have not always identified place of worship sites. The development industry has indicated a willingness to provide place of worship sites, provided an appropriate price can be obtained for the land. The current policy and the low land price within the policy have been deterrents to setting sites aside.

Based on a standard of 1 place of worship site per 6000 persons of planned population, the Secondary Plan areas within OPA No. 5 which require additional sites are listed in Table 1 below.

Table 1: Place of worship requirements based on 1/6000 formula

Secondary Plan Area	# of Sites required Based on 1/6000 Formula	# of new Sites required by Secondary Plan	Existing Places of worship	# of Additional sites required per Council policy
Berczy Village	3	3	1	2
Greensborough/Swan Lake	3	0	1 site	1
Cornell	4-5	4	1 site	3
Box Grove (not yet approved)	2	1	1	1
Central Area (Markham Centre)	5	5	1	4

Staff has been working with developers to identify potential sites on plans not yet registered, and in development phasing and precinct plans not yet approved. In order to accommodate the required additional sites, staff recommends the following:

1. Box Grove.

There is one existing place of worship in the Box Grove community. The Box Grove Secondary Plan (not yet approved) requires one new site within the planning district. The policies indicate that the location of the required site will be addressed in the Community Design Plan and Development Phasing Plan. Staff will work with the Box Grove developers group to ensure that one additional site is provided through these processes.

2. Cornell

The Cornell Secondary Plan indicates that: “ At least four Place of Worship sites shall be provided within the urban portion of the Secondary Plan Area”. The Catholic Church has acquired one site at the corner of Bur Oak and White’s Hill Avenues. Three additional sites are required to meet the Council policy. An update to the Master Plan for Cornell is currently underway. Three additional place of worship sites should be identified through this process, and set aside in accordance with the new policy.

3. Greensborough and Swan Lake

In January 2003, a site was set aside for a place of worship at the northwest corner of Williamson Road and 16^th Avenue (the Karvon site) in the Swan Lake Secondary Plan Area. The conditions of draft approval for this site state:

“The Owner shall covenant and agree in the subdivision agreement to secure Block 25 as a place of worship, to the satisfaction of the Town (Commissioner of Development Services). The lands have been zoned with a holding provision, to permit only a place of worship, subject to a site plan agreement.”

It is recommended that this site be subject to Council’s new policies for place of worship sites (with the exception that any alternate use would require a full public review through a rezoning process). Since the site has not been identified in an approved Secondary Plan or listed on a Town web site registry, the site should be reserved through the subdivision agreement for a minimum of 5 years from the date of registration of the plan of subdivision.

Two additional sites are required in Greensborough to fulfill the Council policy. Both the development phasing plan and the Secondary Plan for Greensborough are silent with respect to requiring place of worship sites. Two additional sites could be secured through either:

a. Ongoing negotiation with the developers in Greensborough to identify and reserve two additional sites; or,

b. Amendment to the development phasing agreement between the Town and the Developers Group to include a requirement to provide two additional sites, failing which the Town could initiate an amendment to the Secondary Plan to identify two appropriate sites.

Staff will continue to work with the Greensborough developers group to ensure that the Council policy regarding the provision of place of worship sites is met.

4. Berczy Village

There is one existing place of worship within Berczy Village. The Secondary Plan states, “at least three new Place of Worship sites, each having a minimum area of 0.8 ha shall be provided within the urban portion of the Secondary Plan”. At the rate of 1 site per 6000 persons of planned population, 2 new sites would be required, in addition to the existing Unionville Alliance Church.

Advanced development commitments make it difficult to set aside two additional sites within Berczy Village. The only portions of Berczy Village not yet draft approved are the 80 ha parcel in the southwest corner and the 23 ha parcel in the northeast corner of the Planning Area.

Most of the vacant parcel at the northeast corner of the Planning Area is a Provincially significant wetland. There is a long narrow parcel at the top of bank adjacent to McCowan Road that is designated as URBAN RESIDENTIAL – Medium Density in the Secondary Plan. Studies would be required to determine if this would be an appropriate site for a place of worship.

The opportunity for development of new places of worship on the 80 ha parcel in the southwest corner of the Planning Area can be pursued at the time of a Development Phasing Plan or Draft Approval for these lands.

The Unionville Alliance Church currently owns a 4 ha parcel which is adjacent to the vacant 80 ha parcel. The Unionville Alliance Church lands are designated INSTITUTIONAL (Place of Worship) on the front 2.5 ha and URBAN RESIDENTIAL (Low density) on the rear 1.5 ha. The front of the site is used for their place of worship. The Secondary Plan permits a place of public assembly, a private school, a day care centre and a maximum of 12 residential units on the lands to the rear, subject to rezoning and site plan approval. The whole 4 ha parcel is currently zoned RR4 (Rural Residential) with an exception to permit a place of worship. It is the intention of Unionville Alliance to expand their place of worship use to the north on their own site, and also to the west onto a portion of the 80ha undeveloped parcel, once those lands become available for purchase.

The opportunity for the expansion of Unionville Alliance Church, or the development of a place of worship elsewhere within the lands at the southwest corner of the Planning Area, will be examined at the time of a Development Phasing Plan update or Official Plan Amendment for those lands. Council may wish to consider any expansion of the Unionville Alliance site as, in whole or in part, fulfilling the policy to require two additional place of worship sites within the Secondary Plan area.

The only other option within Berczy to reserve a site for five years for a place of worship would be to renegotiate an existing draft approved plan, for example, by revising the conditions of draft approval for a plan of subdivision to require a block to be reserved as a place of worship for five years, and ensuring that appropriate zoning is applied to the site.

Staff will continue to work with the Berczy developers group to ensure that the Council policy regarding the provision of place of worship sites is met.

5. Markham Centre

It is appropriate to provide for places of worship within Markham Centre, which is intended to be a regional centre with a mix of uses, including social and cultural facilities. Places of worship are currently permitted in Markham Centre in all land use designations except HAZARD LANDS and OPEN SPACE (unless jointly developed with other institutional uses). The recommendations of the Places of Worship Study will remove places of worship as a permitted use within the INDUSTRIAL (Business Park Area) designation, however, the broad land use permissions in the COMMERCIAL (Community Amenity Area) designation continue to permit places of worship. Places of worship are also permitted in the INSTITUTIONAL designation.

The Secondary Plan for the Central Area Planning District refers to the requirement to provide places of worship in accordance with Council adopted policy. Four additional sites are required to meet the Town’s policy as it would apply to Markham Centre.

There are opportunities to reserve a minimum of one site in each of four areas in Markham Centre: East Precinct, Centre West District, Centre North District and on Town-owned lands in the Civic Centre District. Sites reserved for Places of worship in Markham Centre could be accommodated either within freestanding structures, or mixed-use developments. Freestanding sites should not exceed 0.8 ha.

Four sites should be identified and set aside for a minimum of five years for worship group acquisition, through the precinct plans and other approval processes. Provision should be made to allow the site locations to be flexible should alternative locations emerge.

Staff will continue to work with developers in Markham Centre to establish appropriate and innovative ways to reserve place of worship sites in Markham Centre.

FINANCIAL CONSIDERATIONS:

None.

BUSINESS UNITS CONSULTED AND AFFECTED:

This report was prepared by the Planning Department. Other departments and agencies were circulated the Places of Worship Study: Background Issues and Options Report for review. Their comments have been considered in the preparation of this staff report and the consultants report. The Town Legal Department has been consulted regarding changes to the Site Reservation Policy and possible variances from parking requirements.

ATTACHMENTS: Appendix ‘A’: Summary of Recommendations regarding the Town of Markham Site Reservation Policy for Places of Worship Sites – June 2003

Appendix ‘B’: Executive Summary, “Places of Worship Study: Future Policy Directions Report”, dated June 2003

(Note: The complete “Places of Worship Study: Future Policy Directions Report”, dated June 2003 has been provided to Development Services Committee under separate cover.)

q:\development\planning\misc\mi441\reports and resols\dsc june 17 03.doc

Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Planning & Urban Design

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

Appendix ‘A’:

Summary of Recommendations regarding the

Town of Markham Site Reservation Policy

for Place of Worship Sites

June 2003

1. Number and size of Sites in Secondary Plans

• Appropriate Place of Worship reserve sites will be identified in new Secondary Plans at the rate of 1 place of worship site per 6000 persons of planned population in a Secondary Plan area, or contiguous Secondary Plan areas;
• Existing sites within or abutting the Secondary Plan area may be included in the total number of place of worship sites to be set aside. Consideration should be given to the enlargement of existing sites in the Secondary Plan area to accommodate anticipated growth, and appropriate parking requirements;
• The provision of a variety of site sizes shall be encouraged, with a minimum site size of 1.0 ha for new sites;
• Site locations would be required to meet the locational requirements specified in the Official Plan;
• New Secondary Plans should include policies which allow identified place of worship sites to be relocated to the satisfaction of the Town, without further amendment to the Secondary Plan, provided the new location is consistent with Official Plan policy and the structural and other objectives of the Secondary Plan (similar to school site policies);
• Notwithstanding the above, staff will continue to work with developers in Markham Centre to establish appropriate and innovative ways to provide place of worship sites in Markham Centre. Sites in Markham Centre may be either freestanding sites not exceeding 0.8 ha, or part of a mixed use proposal.

2. Site Reservation Process

• A listing of place of worship reserve sites will be placed on the Town’s web site;
• Place of Worship sites will be listed on the web site registry as soon as they are identified in approved Secondary Plans;
• Sites should be reserved for places of worship through the subdivision agreement. Where there is no subdivision agreement, the sites shall be reserved through a site plan or other agreement;
• Sites shall be reserved for acquisition by a faith group for a place of worship for a minimum of five years from the date of approval of the Secondary Plan identifying the site, or three years from the date of registration of the agreement (a minimum of 5 years total), whichever is longer;
• Developers should be required to identify place of worship sites and alternative uses on their sales office display drawings to inform purchasers;
• Sites within plans of subdivision should be registered as a “block”, however, prior to approval the developer should satisfy the Town with respect to how the land could be used for alternative uses;
• Place of worship reserve sites would be pre-zoned, with a holding prefix to permit a place of worship, accessory uses and appropriate alternate uses, if not acquired for a place of worship;

• Removal of the hold on a dual zoned place of worship site should be tied to:

a) execution of a site plan agreement for a place of worship use, or

b) expiration of site reservation period and execution of site plan agreement for alternative use.

[It may be desirable to remove the hold only for the final use, and keep the hold in place for the other permitted use(s). The permission for uses not ultimately developed on the site could later be removed through a technical amendment to the zoning by-law.]

3. Site Price

• New Sites would not be held in escrow by the Town; sales of sites will be privately arranged by vendors and purchasers;
• A guideline should be established in the subdivision agreement with respect to the maximum price; and,
• That guideline should reflect the land price established in the York Region School Boards’ Education Development Charge (EDC) by-law.
• It should be required that the site be graded, serviced, grassed and fenced as appropriate to limit the costs to the place of worship which acquires it.