STAFF REPORT

January 7, 2000

To: Etobicoke Community Council

From: Director, Community Planning, West District

Subject: Zoning Code Amendment

1385521 Ontario Limited

North/East Corner of Evans and Horner Avenue (Ontario Hospital Cemetery)

File No: Z-2267

Lakeshore-Queensway

Purpose:

To consider an application under the Planning Act and Cemeteries Act (Revised) to amend the (POS) Private Open Space zoning of a site located at the north/east corner of Evans and Horner Avenue to permit a crematorium and columbarium in conjunction with the existing Ontario Hospital Cemetery.

Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendations:

(1) It is recommended that the application by 1385521 Ontario Limited on behalf of the Ontario Realty Corporation be approved, subject to a public meeting to obtain the views of interested parties and the fulfilment of conditions outlined in this report, and further; that a concurrent public meeting under the Cemeteries Act be held in conjunction with the public meeting for the related zoning application.

(2) Subject to the conditions set out in this report, that a by-law to implement a zoning amendment to permit the proposed development be introduced at Council.

Background:

The Ontario Hospital Cemetery, which is devoid of any structures, occupies 1.33 ha (3.29 acres) of land located at the northeast corner of Evans Avenue and Horner Avenue. This cemetery was established in 1891 to accommodate the burials of indigent patients from the Lakeshore Psychiatric Hospital. The most recent burial is recorded as having taken place June 29, 1973. The remains of approximately 1500 people are located in this cemetery, although grave markers are not generally visible, due to overgrowth of weeds, and earth over the years. Burials are concentrated on the southerly portion of the property, with approximately one third of the northerly portion of the site remaining vacant, and with no recorded graves.

On April 13, 1998, an initial application was submitted for rezoning and Cemeteries Act (Revised) to permit a one-storey crematorium and columbarium, with associated uses on the northerly vacant parcel of the existing cemetery. A revised site plan in conjunction with this submission was recently submitted, which provides for a two-storey crematorium structure, and access along the east property line where the applicant has acquired an additional 7.6 m (25 ft.) strip of land for access purposes. (Attachment No. 2)

Proposal:

The applicant proposes to construct a two-storey crematorium and columbarium on the northerly vacant portion of the site abutting the Gardiner Expressway. The first floor would accommodate the crematorium containing two retorts, two chapels/gathering rooms containing 50 seats, and 30 seats respectively, and other associated office and storage use. The second floor would contain columbarium niches, up to a maximum of 10,000 niches. Driveway access to the site is proposed along the east property line, where the applicant has recently acquired additional lands for this purpose. This would permit the retention of existing mature vegetation and would permit a better location for the driveway entrance, as far removed as possible from the Evans/Horner Avenue interchange. Parking for 43 cars is proposed along the exterior boundary of the site adjacent to the crematorium, buffered from the abutting Gardiner Expressway, Horner Avenue and vacant industrial site by a 3.0 metre landscaped area.

As part of this application, the Province of Ontario will retain the ownership to the existing burials. The applicant has agreed to preserve the existing cemetery, including the restoration of existing grave markers, as well as enhancing the landscaping of the existing cemetery.

Attachment No. 1 is a map showing the location of the subject property and surrounding zoning. Attachment Nos. 2, 3, 4 and 5 are reductions of the site plan, elevations and floor plans respectively. A summary of the information provided by the applicant is listed below on Table No. 1.

Table No. 1

* As per traffic study

Comments:

Official Plan:

The property is designated for Open Space purposes in the Official Plan, which permits cemeteries and related ancillary uses. As a result the continued use of this property as a cemetery, including the proposed crematorium and columbarium would conform to the Official Plan.

Zoning Code:

The subject site is designated Private Open Space (POS) in the Etobicoke Zoning Code. The permitted uses include institutional uses such as the existing cemetery but specifically preclude crematoria, mausolea and columbarium. Therefore, an amendment to the Zoning Code would be required to permit the proposed crematoria and columbarium use.

The restrictions on the type of use within cemeteries was introduced through By-law 1978-21, primarily as a result of concerns raised at the time with respect to potential impacts on adjacent residential areas resulting from significant intensification of existing cemetery sites in Etobicoke. It was determined that such uses would be more appropriately considered on a site specific basis after detailed review and analysis, based on the individual condition and land use context of the particular site (cemetery). Subsequently, staff completed a study of cemeteries, resulting in the adoption of established guidelines by Council, which are to be taken into consideration when reviewing applications for mausoleum, columbarium or crematoria.

Cemetery Study:

The cemetery study established nine (9) criteria which should be taken into consideration when reviewing plans to construct mausolea, columbaria, crematoria. The subject application would compare as follows:

1. Size of Cemetery

The Ontario Hospital Cemetery at 1.33 ha (3.29 acres) is in the mid size range of former Etobicoke Cemeteries with 6 cemeteries being smaller and 7 larger. It is however, among the most isolated in relation to its separation from nearby residential communities. (ie 500 m).

The area of the cemetery allows for adequate setbacks, from the abutting property line, and suitable orientation of the building, parking and landscaped area.

2. The opportunity to provide landscaping, fencing, and/or berming

This cemetery, given its age, contains a significant amount of mature vegetation, around the perimeter of the site, which will serve as an adequate buffer from adjoining uses. Staff would recommend, however, that the proposed landscaped setback, along the west, and north boundaries of the proposed building be increased to 4.5 metres (15 ft.), (from the 3.0 metres currently proposed) to permit augmentation and enhancement of this area. A significant stand of mature trees along the east side of the property should be retained and new fencing introduced to provide adequate screening/separation from the abutting vacant industrial land to the east of the site.

3. Traffic generation and adequacy of on site parking

In response to concerns raised at the community meeting and at the request of the Transportation Division of Works and Emergency Services, a traffic study has been completed by Read Voorhees and Associates Limited. It is noted that the Etobicoke Zoning Code does not include parking standards for crematorium or columbariam uses. Traffic generation characteristics of a typical crematorium and columbarium were researched by the applicant, and accepted by the Ontario Municipal Board with respect to a proposal to establish similar use by the applicant in their Vaughan location. The traffic study concluded that the proposed crematorium and columbariam will generate negligible traffic during peak hours, and no impact or change in level of service on the Evans Avenue and Horner Avenue intersection will result. The parking supply of a minimum of 36 spaces will accommodate the demand generated by both the crematorium and columbariam, and the proposed driveway location (approximately 85 metres east of Horner) is sufficiently far removed from the intersection to avoid any conflict with queues on Evans Avenue back from the traffic signal.

The traffic study noted that most cremations in Ontario do not involve any type of service at the crematorium. Funeral services are typically held elsewhere, with only the funeral directors' vehicles for each cremation, which in this case would be about twelve a day. It was acknowledged that based upon similar crematoriums in Ontario, about 10% of cremations held would involve a committal service (funeral). However, even as a worst case scenario with both chapels in full use simultaneously, there would be negligible impact on the abutting intersection, and the parking supply exceeds that required to accommodate the use.

4. Massing, layout, height and design of the structure

The proposed building is low profile with a maximum height of 6.0 metres (20 ft.), and relatively small 1514m² (16,300 sq.ft.) in total gross floor area. The building has been designed to complement the low profile office and industrial buildings in the surrounding area, and the stacks from the two retorts will be screened behind the parapet wall of the structure. Given the building's location at the north end of the site, well set-back from the public street frontage (Evans Avenue) and with the introduction of enhanced landscaping, no off-site visual impacts are anticipated. As part of the Site Plan Approval process, special attention to the architectural treatment of the facade, and massing of the structure will be undertaken to ensure the building complements the surrounding commercial/industrial area.

5. Orientation of the crypt facades

In this instance, all of the niches are proposed to be located inside the building, and there will be no crypt facades. Therefore, this guideline is not applicable.

6. Terrain of cemetery

The site, as well as the surrounding area, is relatively level. In view of the low profile of the building (max. 2 storey), and generous setbacks, particularly from the main public street frontage, the building should not appear as an overly prominent structure, and should complement the character and profile of the adjacent lands/building.

7. Adjacent Land Use and Sight Lines:

The site is located in an industrial/commercial area, well buffered from adjoining areas as it is bordered by public roads on three frontages; the Gardiner, the Kipling Avenue offramp, and Evans Avenue. The site maintains an extensive separation of 500 metres from any residential area, and in addition is separated by a major highway (QEW), and arterial road (Islington Avenue) from the nearest residential community. Other than Glendale Memorial Gardens, located at the northwest corner of Highway 27 and Albion Road, the Ontario Hospital Cemetery is the most isolated cemetery relative to existing residential communities in the entire former City of Etobicoke.

8. Air Filtration Systems where necessary:

The applicant has retained the air quality consultant Agra Simons, experts in air quality assessment, to assess the air quality impacts of the proposed two retort crematorium. They have concluded in their report that this facility will exceed all Ministry of the Environment design and operational requirements, as well as air quality standards specified in Ontario regulation 346. Ultimately, the operation of the crematorium is subject to obtaining a Certificate of Approval for the retorts from the Ministry of the Environment. It is noted a similar analysis was conducted by the applicant's environmental consultant with respect to a site in Vaughan (north/east corner of Jane Street and Steeles Avenue). The proposal was subject to detailed scrutiny by the Ministry of Environment and the Ontario Municipal Board, which found the proposal and analysis to be acceptable.

9. Load bearing capacity of the soil

There are no further burials proposed, and therefore load bearing capacity of the soil is not an issue.

Other Planning Considerations:

Cemeteries Act (Revised)

As required by the Act, an application has been filed with the municipality pursuant to section 3(2) of the Cemeteries Act (Revised). RSO 1990, c. C4, to permit the alteration of the Ontario Hospital cemetery to allow for the introduction of a crematorium and columbarium on the property. The Cemeteries Act (Revised) requires, among other matters, the following:

- that a crematorium be located on cemetery land;

- that the establishment of a cemetery or crematorium or the alteration of an existing cemetery must be consented to by the Registrar (for the Cemeteries Act (Revised), and owned by an owner licensed under the Act;

- that the interment of human remains, including the placing of cremated human remains in a columbarium niche, be done only in a cemetery consented to by the Registrar, and owned by a licensed owner;

- that if a cemetery or crematorium is proposed to be established in an area with municipal organization, the applicant before applying for the consent of the Registrar, must obtain the approval of the proposal from the area municipality. The principal factor in considering such a request for approval shall be the public interest.

- the area municipality shall upon arriving at a decision:

1. send a copy of the decision together with reasons for it to the Registrar and to

the applicant, and;

2. publish notice of the decision in a local newspaper (the applicant, Registrar, or any person with an interest therein may refer the decision of the area municipality to the Ontario Municipal Board, within 15 days after publication of the notice of decision).

As noted, the principal factor in considering an application under the Act is 'public interest'. In this instance the projects compliance with the Official Plan for the City, as well as the specific performance criteria established to facilitate such uses, assist in addressing the public interest. In addition, an opportunity exists to enhance and upgrade the existing cemetery in a manner which is reflective of its historic origin as a potters field and burial ground for indigent patients at the former Lakeshore Psychiatric Hospital. Although there is no statutory requirement under the Cemeteries Act (Revised) to hold a public meeting, given the noted community interest, staff feel that a public meeting is appropriate and propose that it be held in conjunction with the Community Council public meeting.

Agency Comments/Department Circulation:

Traffic Planning staff of the Works and Emergency Services Department have reviewed the findings of the consultants retained by the applicant to review the development proposal from a transportation planning perspective. The study determined that the proposed development would have no significant impact on the level-of-service of the surrounding road network. Traffic Planning staff of the Works & Emergency Services Department concurs with the consultant's findings.

Access to the site is proposed from a new, full-movement driveway from Evans Avenue located along the site's easterly lot line. This driveway must be located so that it aligns centreline to centreline, with the existing driveway on the south side of Evans Avenue.

The proposed driveway is illustrated with a width of 7.6m and corner radii of 3.0m. The applicant must revise these dimensions to provide a minimum width of 7.2m with 8.0m corner radii.

In addition, the applicant is financially responsible for the removal and relocation of all above and below-grade utilities as a result of the new Evans Avenue driveway, as well as the restoration of existing curb and boulevard sections that are proposed to be closed on Evans Avenue.

The Traffic department is in agreement with the proposed parking ratio of one stall for every 2.5 persons design capacity.

The Technical Services Division of the Works and Emergency Services Department have advised that watermain, storm and sanitary are available on Evans Avenue to serve this project. The developer will be financially responsible for all work within the road allowance and will be required to apply for service connections. Prior to the issuance of a building permit, the applicant would be required to submit a lot grading plan showing existing and proposed evaluations. In addition, proposed driveways and sidewalks are to be constructed in accordance with City standards.

Toronto Fire Services have advised that the site plan include a fire access route with 12 metre centreline turning radius, a signed access route, and that fire hydrants be installed in accordance with Ontario building code requirements.

Toronto Hydro Services have no objection and request the following requirements be included in Conditions of Approval prior to the issuance for a building permit. It will be necessary to install an underground electrical distribution system at the Applicant's expense. Relocation of existing Toronto Hydro plant to accommodate this project will be at the Applicant's expense. Services to buildings shall be underground at the owner's expense. Concrete-encased ducts will be required for an underground service. The owner will be required to have provision for a padmounted transformer on private property to Toronto Hydro's specifications, at the owner's expense.

The Etobicoke Historical Board/LACAC has recommended that some archaeological excavation be undertaken on the site prior to construction, that signage be provided to recognize that the undeveloped portion of the site contains a historical cemetery, and that the building facade be enhanced in some manner to alleviate the institutional appearance.

The other circulated agencies either did not object or did not comment on the proposal.

Community Meeting:

On June 29, 1998, a community meeting was attended by approximately 75 people. As the prime consideration was environmental/health matters, and no environmental person was available, a second followup meeting was held to specifically address the emission/environmental issues. That meeting was held on November 30, 1999, and attended by approximately 60 people.

The residents who attended the meeting remain firmly opposed to this facility, with their concerns broadly grouped under Environmental/ Air Emissions, Ground Burial Issues, and Land Use/traffic concerns. The prime concern identified was the potential for off-site air quality/odour impacts which could effect local business and residents, and the potential for faulty operation and, breakdown of equipment or human error, resulting in unforeseen impacts. The applicant has undertaken an air quality assessment of the proposed crematorium which has concluded that "Emission from this facility will result in air quality concentrations well below Ministry of Environment air quality criteria at this location". There are no visible smoke or odour emissions under normal operating conditions.

Concerns were expressed about smoke and odour emissions that might arise under poor operating conditions, especially older units. The applicant's consultant has indicated that the approval to construct a crematorium would be subject to the issuance of a Certificate of Approval by the Ministry of the Environment, which is expected to specify training and operational safeguards to minimize impacts as a result of equipment or human error. In addition to these requirements, a continuous carbon monoxide monitor, a continuous oxygen monitor and a smoke detector will be used in the crematoria stack. These will be automatically linked with the combustion controls of the unit, to ensure that optimal combustion occurs. This will eliminate the opportunity for operator error leading to smoke or odour emissions in older units.

There were also concerns raised with respect to the potential for disturbing existing graves where the crematorium is proposed to be built. This concern was also noted by the Etobicoke Historical Society. As a result staff have required that prior to issuance of a building permit, the applicant confirm plot locations, and/or undertake if necessary an archaeological analysis to determine the extent (if any) of burials in this location. Finally, in response to the traffic concern, the applicant's consultant has completed a traffic analysis, agreed to by the Transportation Division which has concluded that parking supply is sufficient and that no off site impacts are anticipated.

Implementing Zoning:

It would be appropriate for the implementing zoning by-law to tie down the details of the current proposal including use, number of retorts (2), heights, and landscaped setbacks and general foot print of the building. It would also be appropriate for a more detailed version of the site plan to be submitted illustrating a more generous landscaped setback from 3.0 to 4.5 metre along the north and west property boundaries and enhanced landscaping along the southern property boundary, a preliminary landscaped plan including enhanced landscape treatment of the existing cemetery, and proposed location and concept for the inclusion of a historical plaque/monument with respect to the historic significance of this cemetery.

The applicant will also need to confirm the vacant status of the lands required for the crematorium, via existing cemetery records and/or archaeological analysis.

Conclusions:

The application is in accordance with the Etobicoke Official Plan, and meets the policies adopted by Council in the Etobicoke Cemetery Study for the introduction of crematoria and calumbaria uses. The primary purpose of By-law 1978-21, in prohibiting construction of mausolea, crematoria and columbaria was to prevent conflict with adjoining residential areas, and allow for detailed review in each case. In this instance, Ontario Hospital cemetery is located in an industrial area, more than 500 metres from the nearest residential communities. The proposed building will be adequately buffered from the immediately surrounding industrial area, by virtue of the buildings location at the rear of the cemetery, adjacent to the Gardiner and well removed from the public street frontage on Evans Avenue. Enhanced landscaping and screening of the boundaries of the site will also improve the buffer from adjacent industrial and commercial uses and the Gardiner Expressway exposure. Finally this proposal would serve to facilitate upgrading of the existing cemetery and guarantee long-term stewardship, and preserve the historic origin of this cemetery.

It is recommended that the application be approved, subject to fulfilment of the following conditions:

1. Prior to the enactment of an amending by-law:

(i) Submission of a revised site plan, showing additional landscaped set-backs (4.5 metres) around the building, redesign of the access drive and parking area to accommodate a fire route and relocation of handicapped parking.

(ii) Submission of a preliminary landscape plan showing enhanced landscape treatment of the existing cemetery and along the southern property boundary, and the proposed location and concept plan for the inclusion of a historical plaque/monument with respect to the historic significance of this cemetery.

3. The Amending By-law shall confirm the existing Private Open Space (POS) zoning of the site and permit a crematorium/columbarium with associated facilities subject to the following conditions:

(i) The site shall be restricted to a crematorium and columbarium only in association with the existing cemetery use. A maximum of 2 retorts shall be permitted.

(ii) Landscape buffer around the building, setbacks, height, gross floor area, in accordance with the revised site plan.

3. That with the adoption of a by-law, the Ministry of Consumer and Commercial Relations be advised that the City of Toronto has no objection to the proposed development of the existing cemetery to include crematorium and columbarium uses only, and associated gathering rooms (chapels) and offices.

4. Further detailed consideration of the proposed development under Site Plan Control provisions to include, interalia, the signing of a site control agreement including securing long term maintenance of the cemetery grounds, submission of finalized site and landscape plans, including, berming, signage, screening, lighting, street trees and resolution of plans for the location of a permanent commemoration plaque/memorial to the satisfaction of the Historical Board/LACAC and the Staff Advisory Committee on Development Control.

5. Prior to building permit issuance:

(i) Granting of a Certificate of Approval by the Ministry of Environment;

(ii) Satisfaction of consent requirements pursuant to the Cemeteries Act

(iii) Appropriate confirmation of burial location on the undeveloped portion of the cemetery via existing records and/or archaeological analysis and assessment (if required) to ensure that human remains will not be disturbed as part of the construction of the new building.

Contact:

Michael McCart, Senior Planner

Community Planning, West District

Tel: 394-8228

Fax: 394-6063

Email: mmccart@toronto.ca

Gary Wright, MCIP

Director, Community Planning

West District

MMc/nt

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List of Attachments:

Attachment No. 1 - Zoning Map

Attachment No. 2 - Site Plan

Attachment No. 3 - Building Elevations

Attachment No. 4 - First Floor Plan

Attachment No. 5 - Second Floor Plan