Resolution To Appeal COA Decision re LTC at Marylake Monastery

May 14, 2023 | Developments, Policies, Masterplans, The Issues, Uncategorized | 3 comments

On May 15 Council agenda my resolution, seconded by Councillor Anesty, to appeal the Committee of Adjustment  (COA)decision to approve the minor variances requested to permit the 160 bed longterm care  (LTC) beds at the Marylake Monastery will be considered and voted.  The primary basis for my decision, despite my acknowledgment of the need for LTC, is that there is not compliance with the regulations of the Oak Ridges Moraine Conservation Plan (ORMCP).  Further below I elaborate on this.  I believe that non compliance is a serious issue not only for the impact on the ecology of the immediate area but also on the integrity of the whole ORM. See the resolution on the Council agenda, item 14.1.

When the proposal first came to Council February 8, 2021 I questioned whether there was compliance for  the two criteria in the ORMCP, namely existence of use prior to November 2, 2001 and continued use since then.  I was not satisfied with the evidence provided in the Staff report.  Over the last two years my concern has only deepened:  at COA hearing April 19 a deputant presented a different picture of “use” during the last 13 years than presented in the Staff report; information released in FOI’s initiated by residents and subsequently shared with me did not provide any new evidence; and legal opinions commissioned by concerned residents shared with me supported my concerns.

My unease about the project is certainly influenced about the political reality today whereby elected officials and citizens have less control over how their communities develop.   Bill 23 restricts appeal rights of COA to proponent and municipality; previously 3rd parties i.e. residents could appeal.  Bill 109 assigns approval authority for site plan approval to Director of Growth Management Services; previously King Council had assigned that authority to the Director with the exception of this project i.e. it would be Council who would decide in a public process.

To clarify status of project:  COA decision made 26; an appeal needs to be registered May 16 as that is 20 days after the decision; if no appeal, site plan yet to be approved

As readers know Council approved new procedural bylaw for our Council meetings on March 20.  It included an additional way for a resolution to be tabled and debated:  submit it 7 days before a council meeting.  Another change is that the public can make deputations on it.  (The latter permission also now exists for resolutions done in traditional manner:  i.e. tabled at one meeting and debated at next Council.)  If you wish to make a deputation and/or provide your comments in an email you need to register (or send that email) by noon May 15 to clerks@king.ca.  To clarify, to make a deputation you need to register whether you will do in person at the Municipal Centre or by phone.  I am also interested to hear comments directly by making a comment on my blog or contacting me directly.

3 Comments

  1. Nancy Hopkinson

    Oh, I am delighted to hear this news.

    The Committee of Adjustment relied on a Feb. 2021 Committee of a Whole meeting where the elected officials officially received the planning report. The Committee of Adjustment seemed to feel that this meant that the Council had endorsed the planning report. However later when a new Rural By-law came before Council in 2022, although the Marylake area was mentioned as special area for a Place of Worship and a Place of Retreat, this area was not approved for a Long Term Care facility (LTC). So this indicates that the Council, indeed, had not given approval for Marylake to be an LTC.

    During the hearing, it was mentioned that the current septic tank for the Monastery is leaking, causing problems with drinking the water from the kettle lake and that the Monastery had some boil water advisories. I am shocked that this situation was not immediately remedied.

    Building a large LTC will bring all sorts of impurities into the area during construction. The salt in the winter to maintain the large parking lots clear of ice and snow will degrade the water in the moraine.

    This important matter is not a “minor variance” and should never have been at the Committee of Adjustment for them to decide.

    I am pleased that the Council will make the decision and not the Committee of Adjustment. I am eager to see if all members of Council vote to protect the Oak Ridges Moraine.

    Reply
  2. Rosalind M Elson

    Good for you, Debbie. You are leading this fight but there are many hundreds of people behind you who support your efforts.

    Reply
  3. Cathy Wellesley

    Thank You Debbie for making a Resolution to appeal the CoA decision re: an LTC facility at Marylake. While the final outcome was disappointing, I believe the incredible investment of your time and your due diligence to get to the facts will serve well going forward. Your questions and comments were impressive at Council last night; always professional. Thank You for standing up for our precious Oak Ridges Moraine. Your leadership and integrity give me hope.

    Reply

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