Report to: Development Services Committee Date of Meeting: May 2, 2006

SUBJECT: RECOMMENDATION REPORT

Application to amend an existing site plan agreement to permit a mausoleum addition at Holy Cross Cemetery

8361 Yonge Street, Thornhill

SC 05 026882

PREPARED BY: Sabrina Bordone, West District Planner, ext. 8230

RECOMMENDATION:

THAT the site plan application (SC 05 026882) submitted by the Catholic Cemeteries Archdiocese of Toronto for a three-storey mausoleum addition at 8361 Yonge Street, be endorsed in principle, subject to the general and specific conditions in Appendix ‘A’.

The applicant has submitted a site plan control application to permit the construction of the second phase of a mausoleum at Holy Cross Catholic Cemetery situated at 8361 Yonge Street, which is located on the east side of Yonge Street south of Highway 407. Access to the existing mausoleum is situated off an internal roadway on the west side of Langstaff Road (Figure 1).

The site of the proposed second phase mausoleum addition is bounded by the GO Rail Line to the west, Bayview Avenue to the east, rural industrial properties to the north, and residential properties to the south (Figure 2).

Official Plan and Zoning

The subject lands are designated Institutional-Cemetery in the Thornhill Secondary Plan. This designation is intended for lands which are used, or intended to be used, for cemetery purposes customarily associated with the internment of the dead, including mausolea, columbaria and crematoria. The applicant is proposing to construct the second phase of an existing mausoleum situated on the subject lands.

The subject lands are zoned Special Use (O2) by By-law 2150, as amended, which permits cemeteries and hospitals. Development standards established in the Special Use zone include front and rear yard depth, side yard width, coverage and height. Parking requirements for the Special Use zone are established in the Town’s Parking Standards By-law 28-97, as amended (Figure 3).

Proposal

The applicant is proposing a three-storey, 2600 m² (27, 987 ft²), second phase mausoleum addition to an existing three-storey, 7800 m² (83, 961 ft²) first phase mausoleum at the Holy Cross Cemetery (Figure 4). The proposed mausoleum addition will be situated at the southwest end of the existing first phase and will visually emulate the existing mausoleum in terms of building material and façade treatments (Figure 5). A third phase to the mausoleum is intended to be built at some point in the future.

Cemeteries Act establishes procedure for increasing the capacity of a cemetery

The Cemeteries Act stipulates that no person shall increase the capacity of a cemetery without the consent of the Registrar in the Cemeteries Division of the Ministry of Consumer & Business Services. However, before applying for the consent of the Registrar, the applicant must obtain approval of the proposal from the appropriate municipality. Section 5 of the Cemeteries Act stipulates that in receiving a request for approval, a municipality shall give, or refuse to give, the approval within a reasonable amount of time and that the public interest shall be the principal factor in considering a request for approval. Upon arriving at a decision on an application, a municipality shall then send a copy of the decision to the Registrar, as well as the applicant, and shall also publish notice of the decision in a local newspaper. The applicant, Registrar, or any person with an interest may then, within 15 days after publication of the notice of the decision, refer the decision to the Ontario Municipal Board for a hearing. This report provides background information relating to the proposed development and to recommend approval of the proposed second phase mausoleum addition.

Urban Design Staff are satisfied with proposed mausoleum addition

Urban Design staff have reviewed the proposal and are satisfied with the siting of the proposed addition, as well as the building materials and architectural features being proposed. The first and second phases will be constructed to the same height and will be identical in terms of building materials and façade treatments. Maintaining the consistent image between the first phase and the second phase is important to the applicant and is also a feature supported by the Town’s Urban Design Staff.

Minor Variances approved for increase in building height and reduction in the number of required parking spaces

During the preliminary site plan review, it was identified that the proposed mausoleum addition exceeded the maximum height permitted in By-law 2150, as amended. The applicant applied for approval of this variance, requesting relief from the requirements of the by-law to permit a height of 57 ft; whereas, the By-law permits a maximum building height of 40 ft. The applicant was able to justify this increase by advising that the proposed height variance is only for a small portion of the concrete parapet, the peaked portion over the main entrance of the building (south elevation). The variance was approved at the February 8, 2006 Committee of Adjustment Hearing.

In addition to the increase in maximum permitted building height, the applicant also applied for a minor variance to permit a reduction in the minimum number of required parking spaces from 136 parking spaces to 88 parking spaces. The applicant was able to demonstrate that additional parking could be accommodated along the internal private roads that are provided on-site. This variance was also approved at the February 8, 2006 Committee of Adjustment hearing.

CONCLUSION:

Staff are satisfied with the proposal and recommend that it be endorsed, subject to the conditions outlined in this report. If Committee approves the proposed mausoleum addition, then written notice of this decision will be published in a local newspaper as per the requirements of Section 5 of the Cemeteries Act.

The proposal has been circulated to other Town Departments and public agencies and their comments have been incorporated into this report and the approved conditions.

RECOMMENDED BY:

________________________ ________________________

Valerie Shuttleworth Jim Baird

Director of Planning & Urban Design Commissioner of Development Services

DOCUMENT FILE PATH:

Q:\Development\Planning\APPL\SITEPLAN\05 026882 - Catholic Cemeteries Archdiocese of Toronto\Report to Council.doc

Figure 1 – Owner/Agent and Location Map

Figure 2 – Air Photo, 2002

Figure 3 – Area Context and Zoning

Figure 4 – Site Plan

Figure 5 – Elevations

AGENT:

David J. Hine

Hine Reichard Tomlin Inc.

335 Renfrew Drive, Suite 101

Markham, ON L3R 9S9

Tel. (905) 479-2350, ext. 25

Fax (905) 479-2445

APPENDIX ‘A’

THAT site plan approval be delegated to the Director of Planning & Urban Design or her designate, to be issued following execution of a site plan agreement. Site plan approval shall be issued only when the Director has signed the site plan “approved”.

That the owner will enter into a site plan agreement with the Town of Markham containing all standard provisions and requirements of the Town and public agencies, including:

Provision for payment by the applicant of all applicable fees, recoveries, and development charges;

Provisions for satisfying all requirements of the Town’s Departments and external agencies, including the Regional Municipality of York Transportation and Works Department.

That endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing May 16, 2006, in the event that the site plan agreement is not executed within that period;

THAT prior to approval of the site plan, the applicant shall:

Submit an updated storm water management report, to the satisfaction of the Director of Engineering, addressing how the on-site drainage system will comply with the master drainage plan entitled “Stormwater Management Final Design Brief for Holy Cross Cemetery” prepared by Higgins Engineering Limited;

Submit site servicing drawings, grading drawings, and a storm water management report, to the satisfaction of the Director of Engineering, which are to be prepared and stamped by a Professional Engineer with a Certificate of Authorization from P.E.O. and is experienced and pre-qualified by the Town in the preparation of such.

Obtain all necessary approvals from the Regional Municipality of York (Transportation and Works Department).

AND THAT following the issuance of site plan “approval”, notice of the decision be sent to the Registrar in the Cemeteries Division of the Ministry of Consumer & Business Services and published in a local newspaper as per Section 5 of the Cemeteries Act.