Report to: Development Services Committee                            Report Date: May 18, 2010

 

 

SUBJECT:                         Information Report

                                            Memorial Gardens Canada Limited

                                            Application for Official Plan Amendment to permit a cemetery and related uses at 6278 19th Avenue

                                            Near the northeast corner of Dickson Hill Road and 19th Avenue

                                            File No. OP 07 134061

 

PREPARED BY:              Marg Wouters, Manager of Development – East District,

                                            Ext. 2758

 

 

 

RECOMMENDATION:

1)                  That the information report titled “Memorial Gardens Canada Limited. Application for Official Plan Amendment to permit a cemetery and related uses at 6278 19th Avenue, Dickson Hill, File No. OP 07 134061” dated May 18, 2010, be received.

 

 

EXECUTIVE SUMMARY:

Not applicable.

 

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

 

5. Others (HR, Strategic, Affected Units)                                   6. Attachment(s)

 

PURPOSE:

The purpose of the report is to provide an update to the April 2008 preliminary report for the application that will be considered at the Public Meeting on May 18, 2010.

 

 

BACKGROUND:

On April 22, 2008, Committee received a preliminary Report for the application by Memorial Gardens Canada Limited to amend the Official Plan to permit a cemetery and related uses at the 40.5 hectare property at 6278 19th Avenue.   The lands are east of Dickson Hill Road, between 19th Avenue and the Town limits.  The report, which provides background information on the application, is attached as Appendix ‘A’.

 

The majority of the lands are designated Oak Ridges Moraine-Countryside Area and Oak Ridges Moraine-Natural Link Area in the Oak Ridges Moraine Secondary Plan (OPA 117).  These lands are subject to the Provincial Oak Ridges Moraine Conservation Plan and the Provincial Greenbelt Plan.  The remainder of the lands are designated ‘Agriculture (A1)’, ‘Hamlet’ and ‘Hazard Lands’ in the Official Plan (Revised 1987), as amended.  None of the designations provide for the large scale cemetery being proposed.

 

The April, 2008 preliminary report indicates that the municipality cannot make planning decisions contrary to the Oak Ridges Moraine Conservation Plan (ORMCP).  The ORMCP provides for “small scale institutional uses” on lands designated ‘Countryside Area’, but prohibits such uses in prime agricultural areas and areas designated primarily for agricultural uses.  The subject lands are considered by the Town and the Region to be prime agricultural lands and therefore, in accordance with the ORMCP, even small scale institutional uses would not be permitted.   The report concluded that the ORMCP does not permit the proposed cemetery use, and that the remainder of the subject lands which were not subject to the ORMCP, were not sufficient to accommodate the proposed uses.  However, staff recommended that a Public Meeting be held prior to Council making a decision on the application.   In advance of the Public Meeting, a planning justification report and other supporting studies were required to be submitted.

 

 

OPTIONS/ DISCUSSION:

In December, 2009 the applicant submitted a planning justification report and supporting studies to the Town and the Region, as follows:

·         Agricultural Impact Assessment

·         Environmental Impact Study

·         Traffic Impact Study

·         Cemetery Demand Analysis

·         Environmental Site Assessment

·         Soil Investigation for Proposed Cemetery Use

 

Town staff have undertaken a preliminary review of the Agricultural Impact Assessment and the Environmental Impact Study and have identified a number of areas which required further information or clarification, including the methodology used to determine whether the subject lands are ‘prime’ agricultural.

 

Application to amend the Region of York Official Plan has also been submitted

The applicant has also submitted an application amend the Region of York Official Plan to permit the proposed use.   In June, 2008, Regional Council considered a Regional staff report, attached in Appendix ‘B’ which recommended that the proposed Regional and Local Official Plan amendments not be supported in principle, on the basis that the proposed cemetery use and related uses do not conform with Provincial, Regional and Town policies.   The report further recommended that if the applicant wished to proceed, a Public Meeting would be held prior to a Council decision on the application.

 

A Public Meeting to consider the Regional Official Plan Amendment is scheduled for May 5, 2010.  The Region’s staff report prepared in advance of the meeting is attached as Appendix ‘B’.  The report provided a preliminary analysis of the justification report and a peer review of the Agricultural Assessment report.  The report concludes that the peer review did not support the conclusions of the Agricultural Assessment, and that the proposed cemetery and accessory uses do not conform to Provincial, Regional and Town policies.  The report recommended that Regional staff prepare a recommendation report following the Regional Public Meeting on May 5, 2010.

 

 

 

Outstanding legal matter regarding the heritage buildings on site

The buildings on the property include the John Ramer House and Barn.  Both of the structures are in the process of being designated under the Ontario Heritage Act on the basis of their cultural heritage value.  Heritage Markham recommended the designation and Council supported the designation, which resulted in a hearing before the Conservation Review Board.  The Board’s findings were in support of Council’s position to designate the structures.  On June 24, 2008, Council refused an application by Memorial Gardens to demolish the Ramer House and Barn and a shed.  In September 2008, the property designation and the demolition permit issues were referred back to staff by Council for further discussions with Memorial Gardens.  Staff and Memorial Gardens have agreed to defer consideration of the demolition and designation issues until such time as Council makes a decision on the Official Plan amendment application.

 

Conclusion

Staff will continue to review the documents and provide comments to the applicant.  It is recommended that a recommendation report be prepared by Town staff following the Town Public Meeting on May 18th.   The Region has indicated that it is the approval authority for the application to amend the Town’s Official Plan.

 

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable.

 

HUMAN RESOURCES CONSIDERATIONS:

Not applicable.

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposal must be considered within the context of the Growth Management and Environment areas of strategic focus.

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to various Town Departments and external agencies including the Toronto and Region Conservation Authority and the Region of York and is currently under review.   The applicant has also submitted an application to amend the Region’s Official Plan and the Region will circulate the application to the Ministry of Municipal Affairs and Housing for comments.  Requirements of the Town and external agencies will be reflected in the final report, if required.

 

RECOMMENDED BY:

 

__________________________                                ________________________

Biju Karumanchery, MCIP, RPP                                Jim Baird, MCIP, RPP

Senior Development Manager                                      Commissioner of Development Services

 

 

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Air Photo (2009)

 

Appendix ‘A’ – April, 2008 Preliminary Report

Appendix ‘B’ – June, 2008 and May, 2010 Region of York staff reports

 

AGENT:

Michael Larkin

Larkin + Associates Planning Consultants Inc

1168 Kingdale Road

Newmarket ON L3Y 4W1

Tel: 1-905-895-0554

Fax: 1-905-895-1817

 

 

File path: Amanda\File 07 134061\Documents\General Report