Report to: Development Services Committee Report Date: March 24, 2009

SUBJECT: RECOMMENDATION REPORT

A site plan application submitted by the Catholic Cemeteries Archdiocese of Toronto to permit an addition (Phase 3) to a mausoleum at Holy Cross Cemetery.

8361 Yonge Street

File No: SC 08 128503

PREPARED BY: Teema Kanji, ext. 4480 - West Development District

RECOMMENDATION:

That the site plan application (SC 08 128503) submitted by the Catholic Cemeteries Archdiocese of Toronto to permit an addition (Phase 3) to a mausoleum at Holy Cross Cemetery at 8361 Yonge Street, be endorsed in principle, subject to the conditions in Appendix ‘A’;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7.Engage^21st 8. Affected Units 9. Attachment(s)

The purpose of this report is to review and endorse an application for Site Plan Approval for a proposed Phase 3 mausoleum addition at 8361 Yonge Street.

BACKGROUND:

The Holy Cross Catholic Cemetery is located on the east side of Yonge Street, south of Highway 407, municipally known as 8361 Yonge Street (Figure 1). There is an existing 10,400 m² (111,960 ft²) mausoleum on the property, which was constructed in two phases.

The property 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 subject lands are zoned Special Use (O2) by By-law 2150, as amended, which permits cemeteries and hospitals.

There is an existing 10,400 m² (111,960 ft²) mausoleum on the property which was constructed in two phases. The applicant is proposing to add a 2,600 m² (27,960 ft²) addition to the mausoleum, which is the third and final phase for this mausoleum. The proposed mausoleum addition will be situated at the northwest end of the existing building and will have building materials and façade treatments that are identical to those in the existing building (Figure 5).

OPTIONS/ DISCUSSION:

Cemeteries Act established procedures for increasing the capacity of a cemetery.

A proposal to increase the capacity of a cemetery, including the establishment of a mausoleum, requires approval from the Registrar of the Ministry of Consumer and Business Services, under the Cemeteries Act (Revised). Prior to applying for consent from the Registrar, the owner is required to first obtain approval from the Town. Once a decision has been reached, the Act requires that the municipality publish a “Notice of Decision”, with respect to the approval of the mausoleum to increase the capacity of the cemetery in a local newspaper.

An appeal to the Ontario Municipal Board (OMB) may be made within 15 days after publication of the “Notice of Decision”. The applicant, Registrar appointed under the Cemeteries Act (Revised), or any person with an interest in the matter may appeal the decision to the OMB.

Urban Design Staff are satisfied with proposed mausoleum addition (Phase 3)

The proposed mausoleum addition is to be built in a similar architectural style as the existing mausoleum. 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 third phase will be constructed to the same height as the existing building and will be identical to phase two in terms of building materials and façade treatments.

Minor variances approved by Committee of Adjustment

The Committee of Adjustment recently approved minor variances (A/133/08) for building height and reduction in the number of overall parking spaces. The applicant applied for a variance to permit a height of 57 ft (17.4 m), whereas the By-law permits a maximum height of 40 ft (12.2 m). The height variance was required in order to accommodate the peaked portion of the concrete parapet, which is an architectural feature situated at the primary entrance of the proposed building (north elevation).

The applicant also requested a variance to permit a reduction in the minimum number of parking spaces from 171 (for all three phases) to 106 parking spaces for the overall project. The parking variance was allowed because additional parking can be accommodated along the private roads within the cemetery lands that are provided for internal traffic circulation. Parking along these private roads will ensure that overflow parking is maintained entirely within the subject lands, and there will be no negative impacts on abutting properties.

Similar variances for height and overall parking reductions were previously approved for the first phase (1999) and second phase (2006) by the Committee of Adjustment.

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 (Phase 3) then written notice of this decision will be published in a local newspaper as per the requirements of Section 5 of the Cemeteries Act (Revised).

FINANCIAL TEMPLATE (external link):

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

ACCESSIBILITY CONSIDERATIONS:

The site plan identifies ten handicapped parking spaces and a barrier free main entrance to the proposed mausoleum addition.

ALIGNMENT WITH STRATEGIC PRIORITIES:

Not Applicable.

BUSINESS UNITS CONSULTED AND AFFECTED:

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

RECOMMENDED

BY:

__________________________ ________________________

Biju Karumanchery, M.C.I.P, R.P.P Jim Baird, M.C.I.P, R.P.P

Senior Development Manger Commissioner, Development

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Air Photo

Figure 3 – Area Context and Zoning

Figure 4 – Site Plan

Figure 5 - Elevations

Augusta National Inc. Tel: (905) 944-9709

c/o Mike Everard Fax: (905) 944-9710

34 Melchior Cr.

Markham, On L3R 9A4

File path: Amanda\File 08 128503\Documents\Recommendation Report

APPENDIX ‘A’

That site plan approval be delegated to the Director of Planning & Urban Design or his/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 but not limited to the following:

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

b) Provision for satisfying all requirements of the Town’s Departments and external agencies, including the Regional Municipality of York Transportation and Works Department;

c) The Owner shall covenant and agree to obtain permission from the Town of Markham for the right to utilize Essex Avenue as a temporary construction access, to the satisfaction of the Operations Department; and

d) The Owner shall covenant and agree to post a letter of credit to cover the cost of any damage or subsequent repairs required for Essex Avenue, as a result of utilizing this road for construction access purposes.

That endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing March 24, 2009, 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:

a) Submit an updated storm water management brief, 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;

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

c) 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 the requirements of the Cemeteries Act (Revised).

Council authorize the Town Clerk, subsequent to Council’s endorsement of the proposal to publish a notice of decision in a local newspaper as per the requirements of the Cemeteries Act (Revised).