The virtual special council meeting on Tuesday evening included a public meeting under the Planning Act, to hear the Official Plan and Zoning By-law amendment applications filed by Naeem Farooqi of Ahmadiyya Muslim Jama’at (AMJ) Canada, regarding a proposed cemetery at 3999 Sideroad 10.
The applicant is seeking to re-designate and rezone a portion of the 19.65 hectare property at the southeast corner of Sideroad 10 and Line 12 BWG, owned by the AMJ, to permit a 6.03 hectare (14.9 acre) cemetery, 929 sq. m (1,000 sq. ft.) one-storey building to be used as a visitation centre, two funeral supply and equipment storage sheds (totalling 334.46 sq. m), and accommodation for two cemetery caretakers (389.52 sq. m).
The subject lands are outside of the Bradford Urban Area and are currently designated Agricultural in the Official Plan, and zoned Agricultural/Deferral Area D2, in recognition of an earlier application that was deferred until the completion of the County of Simcoe Official Plan. The lands also fall within a Waste Disposal Assessment Area.
Under the current Official Plan and by-law, a cemetery is not a permitted use.
The applicant has applied for an amendment to the County of Simcoe Official Plan that would re-designate the lands from “Rural and Agricultural” to “Agricultural Exception,” and an amendment to the Town of Bradford West Gwillimbury Official Plan to identify the lands as a Special Policy area, and rezone from Deferral D2 to Rural (RU).
A report from staff identified some concerns:
The Town of BWG Clerks Department expressed concern about the size of the accessible parking spaces. Although the plan proposes more than the miinimum number of spaces, the dimensions need to be changed to meet AODA (Accessibility for Ontarians with Disabilities Act) standards.
The town’s engineering department did not support the application due to concerns over the functional servicing of the site, stormwater management, and traffic.
The BWG fire department commented on accessible routes and the need to ensure adequate water supply for fighting fires.
Comments from the public were mixed.
Several residents had concerns about living in close proximity to a cemetery and the impact on their real estate values. Others worried about excessive noise, traffic and impact on water supply as well as well as the loss of agricultural land.
Bradford resident, James Walker called in to the virtual meeting to show him and his wife's support for the application. He made reference to country singer Merle Haggard's album, “The Land of Many Churches” saying Bradford, and in particular 10th Sideroad, is just that, a piece of land with many churches.
"When you look at the town of Bradford... we have many churches and now we are faced with different religious communities along the 10th Line and we need that just as we need more cemeteries," Walker observed.
“This town has a number of dedicated cemeteries already,” he said, pointing out that other faiths in town have their own cemeteries, including Anglicans, Presbyterians and Roman Catholics. “Why not the Muslims?”
He added, “They (The Muslim community) are as meaningful to us as anyone else in this community. I think they should be given our support. We have to show love and respect for them, as they show love and respect for us.”
Jamil Ahmad, President of AMJ Bradford, also spoke in the virtual meeting in support of the application.
He noted that the AMJ Muslim community is one of the fastest growing communities in Bradford. Five years ago, there were fewer than 60 members; now the community numbers close to 1,000. He predicted it will grow to 2,000 by 2022 - and as it grows, there is a need for a cemetery.
“It would be great if we could pay our last homage to our brothers and sisters in faith at one place,” Ahmad said, thanking council for considering the application.
Director of Corporate Services for the town, Rebecca Murphy noted the municipality had received many emails expressing support for the application as well.
Coun. Raj Sandhu thanked the staff, the applicants and members of the public for their comments.
He brought up one letter received that opposed the application, stating that they did not want people from the GTA or Toronto visiting Bradford to have their funerals.
“I think we need to look at this with an open mind and see the need,” Sandhu said, noting the population of Bradford is projected to reach 50,000 by 2031.
“In principle I do support it - this is required,” he said, but questioned the proposed home for caretakers at the site. "Why do we need a caretaker?" he asked.
“I explore cemeteries all the time, because I’m kind of a genealogist and I’ve been to lots of them and I find that the historical significance is extremely valuable,” said Coun. Gary Lamb, supporting cemeteries in general.
Lamb did raise the issue of traffic in the area. “It’s pretty busy now and it could get busier,” he said. “It’s something that needs to be addressed, but I thank the community for coming forward.”
Deputy Mayor James Leduc said everyone should have a right to a proper burial, but also questioned the need for a caretaker dwelling.
“We are a very diverse community,” Leduc said, noting that the AMJ community has contributed to the community for many years, and deserve a burial ground. “I am going to support the application as it stands right now and wait for the comments to come back from planning staff,” he said.
Coun. Ron Orr said that as a progressive town, “we have to look at the needs of the people of the town.”
Coun. Peter Ferragine claimed that the emails received in support of the proposal were from members of the AMJ community, while those opposed to the plan were from residents who lived in the area, and he shared their concern over the loss of agricultural lands.
“I’m of the opinion that we need to protect our agricultural land,” he said, asking what the proper zoning would be for cemeteries.
Planner for the town Thomas Dysart responded that the zoning of places of worship would be Rural - in some situations only permitted if they existed prior to the current by-law.
“To me, it doesn't feel like it fits the area,” said Ferragine, noting that utilities and infrastructure are not in place for the type of buildings being proposed.
He also worried about setting a precedent for zoning changes on agricultural lands. “As soon as you open that flood gate, it won’t stop,” he warned, noting there have been many other applications sent in requesting for development which have been turned down.
Staff noted that at the time the AMJ purchased the lands in 2005, the zoning did permit cemeteries on the property, and the community was under the impression that they could utilize the land for that purpose. The Muslim community came forward when the town brought in a new zoning by-law, changing the allowed uses.
In 2009-2010, the zoning by-law amendment for the property was deferred, as was a similar application filed by the Catholic Archdiocese for a property on the other side of 10 Sideroad. The applications remain before the county.
Coun. Gary Baynes wondered how many funerals would be held per day.
David McKay, representing the applicant, said that on average there are approximately five to eight deaths per month in the community, and funerals are held on Fridays with approximately 50 guests attending.
Coun. Baynes then questioned the size of the cemetery. "It seems extra huge," he said.
McKay noted it was designed to address the long-term needs of the community.
Mayor Rob Keffer agreed members of the community should be able to bury loved ones close by. “There is a cultural need to be able to go and visit your ancestors, your loved ones of your family and friends, and we all realize as members of council, members of our community do deserve this,” he said.
The mayor acknowledged the challenges of the application, noting, “It will be up to our staff and Mr.McKay to wrestle with the restrictions that we do have.”
The comments were referred to staff for review, and a future report and recommendation will come back to council at a later date.
