Drafting Zoning By-law - 350 Russell Hill Road

(304 Lonsdale Road) (Midtown)

The Toronto Community Council recommends that:

(1)the draft by-law attached to the report (September 10, 1999) of the City Solicitor be approved and that authority be granted to introduce the necessary Bill in Council, substantially in the form of the Draft By-law to give effect thereto; and

(2)the report (June 3, 1999) from the Commissioner, Urban Planning and Development Services be adopted.

The Toronto Community Council reports, for the information of Council, that notice of the public meeting was given in accordance with the Planning Act. The public meeting was held on September 14, 1999, and Mr. John Chipman, Columbarium Committee, addressed the Toronto Community Council.

The Toronto Community Council submits the following report (September 10, 1999) from the City Solicitor:

Purpose:

This report provides the necessary draft by-law amendments to permit the establishment of a Columbarium on the lands municipally known as 350 Russell Hill and 304 Lonsdale Road.

Funding Sources, Financial Implications and Impact Statement:

The enactment of the Draft By-law has no financial implications or impact for the City. It requires no funding.

Recommendations:

It is recommended that:

(1)the Toronto Community Council hold a public meeting in respect of the Draft By-law in accordance with the provisions of the Planning Act.

Following the public meeting and in the event the Toronto Community Council wishes to approve the Draft By-law, it could recommend:

(2)the Draft By-law attached to the report (September 10, 1999) of the City Solicitor be approved and that authority be granted to introduce the necessary Bill in Council, substantially in the form of the Draft By-law to give effect thereto.

Council Reference/Background/History:

The Toronto Community Council at its meeting of September 14, 1999 will have before it the recommendations contained in the Final Report of the Commissioner Urban Planning and Development Services (June 3, 1999) concerning the above-noted subject. This report recommends a Zoning By-law Amendment which will permit the establishment of a Columbarium within Grace Church-on-the-Hill on the lands municipally known as 350 Russell Hill and 304 Lonsdale Road.

Comments and/or Discussion and/or Justification:

This report contains the necessary Draft By-law, which, if enacted, will give effect to the Planning Report.

Conclusions:

N/A

Contact Name:

Marc Kemerer

Solicitor, Planning and Administrative Tribunal Law

Telephone: (416) 392-1228

Fax: (416) 397-4420

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Authority:Toronto Community Council Report No. , Clause No. ,

as adopted by Council on , 1999

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1999

To amend Zoning By-law No. 438-86, as amended, of the former City of Toronto,

with respect to the lands municipally known in 1998 as

350 Russell Hill Road and 304 Lonsdale Road

The Council of the City of Toronto HEREBY ENACTS as follows:

1.By-law 438-86, being "A By-law to regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended, is further amended as follows:

(1) Section 12(1) is amended by adding the following exception:

"___" to prevent the erection and use of a columbarium as defined by the Cemeteries Act (Revised) wholly within the place of worship existing in 1998 on the lands outlined by heavy lines on the following map, provided:

(i)no major exterior alteration of the front elevation of the building is made; and

(ii)the non-residential gross floor area used for the purposes of the columbarium does not exceed 12.5 square metres.

(Map to be inserted)

ENACTED AND PASSED this day of , A.D. 1999.

Mayor City Clerk

The Toronto Community Council also submits the report (June 3, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To permit the establishment of a columbarium under the Cemeteries Act (Revised) and construction of approximately 300 niches within the existing church building located at 350 Russell Hill Road.

Source of Funds:

Not applicable.

Recommendations:

It is recommended that:

1.Council approve the establishment of a columbarium at 350 Russell Hill Road (304 Lonsdale Road) for the following reasons:

-no impact on the adjacent residential neighbourhood has been identified;

-there is no increase in the gross floor area or exterior alterations to the church building; and

-the proposal will not generate any additional traffic.

2.The City Solicitor be requested to prepare a Notice of Decision indicating Council's decision on this matter and submit it to the City Clerk for publication in the current local paper.

3.The City Solicitor be requested to bring forward a site specific zoning by-law amendment to permit a columbarium within the existing church building at 350 Russell Hill Road.

4.The Commissioner of Urban Planning and Development Services be requested to report further on permitting a columbarium as an accessory use within places of worship as-of-right in the former City of Toronto and across the new city.

Background:

Grace Anglican Church on-the-Hill has applied to the City to establish a columbarium containing approximately 300 niches within the existing church building at 350 Russell Hill Road. City Council approval is required under the Cemeteries Act, and a zoning by-law amendment is required to permit this use at this location.

Comments:

Project:

To permit the construction and establishment of a columbarium with approximately 300 niches. The project involves the conversion of a small nave area approximately 12.5 m2 in size within the church sanctuary.

Location:

The property is located on the northwest corner of Russell Hill Road and Lonsdale Road.

Site:

The site contains a church and the administration offices of Grace-on-the-Hill Anglican Church. It falls within the Old Forest Hill neighbourhood and is surrounded by a stable residential area.

Public Meeting:

A public meeting was held in the community to discuss this application on May 17, 1999, with approximately 15 residents in attendance. No concerns were raised at the time.

Planning Considerations:

The Cemeteries Act requires an applicant to obtain Council's approval and the consent of the Ministry of Consumer and Commercial Relations, in order to establish a new columbarium. The decision of Council on this matter is required to be advertised in the local paper. In addition, a Zoning By-law amendment is required to permit this use within the church building.

In an R district a place of worship and associated accessary uses are permitted as-of-right. Traditionally, columbarium uses have been included in churches and may also be part of cemetery uses. The Zoning By-law, however, identifies a columbarium as a permitted use only in the existing ten cemeteries in the former City of Toronto. It is my opinion that a Zoning By-law amendment is required to permit a columbarium in a place of worship in an R zone, where the Zoning By-law is silent on the use.

This application has been reviewed by City staff and reviewed by the neighbourhood at the public meeting on May 17, 1999. One letter of objection was received and is attached in Appendix A of this report. The issue raised concerns traffic generation in the immediate area. It is important to note that funerals are currently conducted on site and occur during the week or on the weekend. This activity will not change. The introduction of a columbarium within the church building will not change the existing situation or increase the number of funerals presently held there. A memorial service is also a periodic activity that may be held with the placing of the urn into the niche. No increase in traffic generation is anticipated from the introduction of the 300 niche columbarium proposed for this location. No other issues or concerns have been identified.

Other Matters

Section 12(1)313 in the Zoning By-law only permits columbarium as defined by the Cemeteries Act in the 10 cemeteries in the former City of Toronto. However, church and cemetery uses co-exist in many situations throughout the new City. I intend to bring forward a report dealing with this issue for the former City of Toronto area in the summer. I will be reporting back on the city-wide zoning by-law issues and an appropriate approach to take in the future.

Conclusions:

Grace Church on-the-Hill has submitted an application for a rezoning and consent to construct a columbarium within the existing church building located at 350 Russell Hill Road. No impact has been identified or issues raised with respect to this application that would cause any concern. I am, therefore, recommending that Council approve this proposal and permit a columbarium at 350 Lonsdale Road. I am recommending that the City Solicitor bring forward a by-law to permit this use at this location. I will be reporting further on the issue of columbaria as a permitted use in places of worship in the former City of Toronto and city-wide in the future.

Contact Name:

Denise Graham

Community Planning, East Section

Telephone:392-0871

E-Mail:dgraham1@toronto.ca

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Application Data Sheet

Confirmed Municipal Address:350 Russell Hill Road

Planning Controls (For verification refer to Chief Building Official)

Official Plan Designation:	LDRA	Site Specific Provision:	No
Zoning District:	R1 Z0.35	Historical Status:	No
Height Limit (m):	11.0	Site Plan Control:	Yes

Project Information

Site Area:	3651.6 m2		Height:	Storeys:
Frontage:				Metres:
Depth:
				Indoor		Outdoor
Ground Floor:			Parking Spaces:
Residential GFA:			Loading Docks:
Non-Residential GFA:			(number, type)
Total GFA:

Density
Residential Density:	Non-Residential Density:	Total Density:

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Appendix A

Letter from Barbara Hennick, 164 Warren Road, Toronto, Ontario, M4V2S5, dated May 6, 1999.

This letter is to express that I am vehemently opposed to the construction of a columbarium within Grace Church on-the-Hill. Our residential area is already overcome by the volume of traffic and parking congestion that the nearby schools (Bishop Strachan & UCC) and churches (Grace Church and Timothy Eaton) already impose both during the week and on weekends. I will therefore not support any bylaw amendments which will create further activity in the area.

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Russell Hill Road

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Russell Hill Road