OMB hearing for 510 Erbsville Rd. Re-zoning, Waterloo

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Update for OMB Phase 1 and an appeal to Ontario Superior Court of Justice Divisional Court

1. At the OMB prehearing on January 25, 2018, WWCA appeal case is scheduled to be heard in two phases:  

Phase 1 Hearing: Issues with the spiritual use of the existing buildings on site.  WWCA has reached a settlement with the Muslim Association of Canada (MAC), the City of Waterloo, and the Region of Waterloo. 

Phase 2 Hearing: Holding Provisions on the rezoning of the land at 510 Erbsville Rd

2. OMB granted permission of a motion brought by Muslim Association of Canada (MAC) and WWCA is ordered by OMB  

......to provide forthwith a complete list of the names and addresses of its current and former members to MAC

.....to provide the complete list of names and addresses of any future members, on an ongoing basis, to MAC

WWCA has appealed to Ontario Superior Court of Justice Divisional Court for MAC's Motion

Please be assured that WWCA with our legal team, shall prepare for the Phase 2 hearing and fight to protect information collected from each and every member.   

At this stage, your active involvement and close attention is always welcome and appreciated. For more details, please contact 510objection@gmail.com 

Further, your financial support is believed to help make every advance in our legal battle toward building a more reasonable and sustainable community life.

How to make a donation to WWCA:

A. Branch Deposit to the WWCA Bank Account: 

Bank: TD
Account Name: Waterloo West Community Association
Account Number: 3659 5222299

B. E-transfer: 

Email Address: fund510objection@ gmail.com


Statement of the Waterloo West Community Association (WWCA): 2018-04-24


The Waterloo West Community Association (WWCA) has reached a settlement with the Muslim Association of Canada (MAC), the City of Waterloo, and the Region of Waterloo for Phase 1 of the OMB hearing regarding the re-zoning application at 510 Erbsville Road to permit the spiritual use within the existing buildings on site.


We are making this statement because of misinformation that has been spread within the community, including attributing our objections to the MAC’s proposed use of the existing buildings as being racially or religiously based. Our objections are grounded in and limited to the land use planning merits of the applications.


Originally, our concerns in regard to the use of the existing buildings for spiritual uses included the potential impacts on the Regional road system, the adequacy of parking, the adequacy of the proposed septic system, the effects of intrusive car lights on the adjacent residents, and protection of the natural areas from clear-cutting of trees.


We have acted responsibly and respectfully in pursuing these concerns. We retained leading legal, planning, and traffic experts who gave advice that the Region will ensure that the proposed septic system will be adequate and traffic impacts of the users of the existing buildings on the road system will not be detrimental.


The experts filed planning and parking evidence for the hearing in support of the WWCA concerns in regard to the adequacy of parking and the adverse effect of car lights from the site.  As a result, the settlement calls for the number of parking spaces to be provided on the site to be increased from 25 to 34 spaces and buffers (vegetative or fencing) to be provided to screen the parking area from the adjacent residential uses.


Furthermore, the settlement requires that the MAC enter into a Conservation Easement Agreement with the City to protect the natural areas on the property. The settlement also requires them to comply with the Regional Tree Cutting By-law.


The settlement ensures the WWCA’s right to pursue, in Phase 2 of the OMB hearing process, our strongly held, legitimate land use planning concerns that the holding provision by-law permits the expansion of the spiritual use (and other possible uses) on the property without going through a full rezoning process, with full participation of the neighbours and a right of appeal.  

 

Stop the Institutional Re-Zoning Application in WATERLOO at 510 Erbsville Road

We who have signed this petition oppose the request made to the City of Waterloo by  IBI Group on behalf of the property Owner/Applicant to rezone the property located at 510 Erbsville Road in Waterloo.  We object to the Application to amend the zoning from Agricultural to Institutional and express our concern due to the vagueness and inconsistencies in the information included in the Zone Change Application.

http://www.waterloo.ca/en/business/510_erbsville_road.asp

.   The Application proposes to amend the City’s Zoning By-law No. 1418 by rezoning the lands from Agriculture (A) to Institutional (I) and Green One (G1) to permit the use of the existing building for small-scale community purposes (including spiritual uses). It is clearly stated in the Applicant’s Planning Justification Report that the Applicant has indicated the intention to potentially build a multi-purpose community centre and therefore has applied to have this property zoned Institutional.  The application is vague, inconsistent and does not provide full details of the future development.

.   The Applicant presented an Environmental Study Stage 1 and confirmed that it does not include the plans for the second phase of the development that will include a multi-purpose community center. Without providing the complete future development plan there is no assurance that the Applicant and the City will ensure that a Phase 2 Environmental Impact Report will be completed, accepted and implemented. During the Informal Public Meeting on May 9, the Applicant was not able to confirm when Stage 2 of the future potential development, described as a multi-purpose community centre, will begin construction, nor a description or presentation of proper development planning or a defined building envelope. The risk of authorizing a change of zoning without the full knowledge of the proposed development and the proper zoning application could lead to adverse consequences to the surrounding land and the community.

.   The Applicant’s Justification Report states that the Applicant’s request to change the existing zoning to an Institutional Zoning is consistent with the City of Waterloo Official Plan’s “Low Density Residential” land use designation applicable to the site which will allow a (first stage) small-scale community use and (second stage) multi-purpose community centre…. clearly this is not the case. An Institutional building on this property, that allows up to a 6 story (10 meters high) building with 3 parking spaces for every 100 square meters of building floor area is not within the context of the existing Class A -  Agricultural Zoning and Low Density Residential Land Use is the current City's Official Plan. The application only details as immediate neighborhoods the residential is not within the context of the existing Class A – Agricultural zoning and Low Density Residential land use in the current City’s Official Planning north, east and west of the referred property but does not include the residential areas located on the south side including the repercussions to all the north-west side of our City. Regarding the purpose of use, there are no details or plans describing the type of development to be executed in each stage even considering that since 2013 the Owner initiated a fundraising campaign for this new development

www.islamiccentrewaterloo.com

.   There is not adequate evaluation in the Application to verify that the Applicant has considered that the property provides sufficient area, frontage, depth, protection of the natural heritage, safe access, proper municipal servicing, traffic volume and topography to justify a change to Institutional zoning.

.   The Application does not address the effect that a zone change and the unknown future development of a multi-use community centre will have on the environment and the surrounding properties including Old Oak Park. It is stated a change of zoning to Green One will prevent the potential harm of an institutional building and protect the natural heritage features. However, it is known that the Applicant has removed a considerable amount of trees on the property without any remediation to the environment that should benefit the 22 bird species the EIS study mentions in the vicinity of the site.  It is also clear in the EIS report that no amphibian surveys were completed. The Application servicing report proposes, as a first option, to connect the institutional zoning building to the City’s sewage system at Old Oak Drive through an environmentally sensitive Green One Zone using a trench system. There is no consideration as to how parking, traffic, lights and noise will affect the existing wildlife. All the above will have a direct environmental impact to the daily wildlife movement corridor in Old Oak Park that includes families of deer, wild turkeys, squirrels, raccoon, foxes, reptiles, migratory birds and others.  Lighting on the new site could potentially extend into wetland and woodland natural areas in Old Oak Park. The City of Waterloo’s Official Plan designates this property as Agricultural until 2035 so it is not clear how rezoning to Institutional will protect the natural heritage of the neighborhood.

.    The Application does not contemplate or explain how the existing and future development will control surface water runoff from the site. The property is of concern because its elevation is much higher (more than 10 meters) than the surrounding area including the immediate residential area at the east side of the property.  A large parking lot may result in flooding and erosion as well as other detrimental environmental impacts. This includes the implications of erosion and run off (salt water in winter) on surrounding green spaces and properties. None of this is detailed or clarified in the Stage 1 - small-scale community use and Stage 2 - multi-purpose community centre.

.   The City of Waterloo Official Plan states that this property is within a Low Density Residential land use designation and a Class – Agricultural zoning to be enforced until the year 2035. This plan demonstrates a great vision by the City of Waterloo in terms of urban residential planning. The request for rezoning by the Applicant is not in line with that vision.

.   The City of Waterloo Zoning Plan states that the property is within the class Zone A - AGRICULTURE under bylaw 1418 and can only be used for the purpose of a farm, a single detached dwelling, class A group home, Bed and Breakfast, and a public park, playground, recreation or conservation area. Based on this classification, Applicant needs to honour the investment vision and property value for all of us who bought in this neighborhood.

.    If the Application is approved, the risk exists to the neighborhood that other zoning amendments could be awarded for large developments when deciding upon new applications. This will be a very slippery slope if this one property owner obtains permission to rezone.



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