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HomeMy WebLinkAboutDSD-19-029 - Kitchener Funeral Homes and Crematorium - 3 Forwell RoadREPORT TO:Council DATE OF MEETING: January 29, 2019 SUBMITTED BY:Alain Pinard, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY:Della Ross, Manager of Development Review ext. 7327 WARD(S) INVOLVED:Ward 1 DATE OF REPORT:January 21, 2019 REPORT NO.: DSD-19-029 SUBJECT:Kitchener Funeral Homes and Crematorium Inc.– 3 Forwell Road RECOMMENDATION: That Council give approval under Section 83(3) of the Funeral, Burial and Cremation Services Act, toestablish aCrematorium proposed at 3 Forwell Road, owned by Kitchener Funeral Homes and CrematoriumInc; and That under Section 84(4) of the Funeral, Burial and Cremation Services Act, staff be directed to send a copy of the Council decision to the Provincial registrar and the owner, and that staff also be directed to publish notice of the decision in the Record. REPORT: In April2018, Planning staff provided a zoning occupancy certificate for a funeral home and crematorium at 3 ForwellRoad. The property is located in the Service Industrial Zone (M-3), conforms to the zoning by-law and was subsequently issued a building permit. ecently it came to staff’s attention that under the Funeral, Burial and Cremation Services Act, R there is a requirement for the municipality to give approval to establisha crematorium, before the Province can issue a license for the crematorium.This approval is above and beyond all other municipal requirements. As part of the approval, the municipality mustgive consideration as to whether the crematorium is in the public interest. Once the municipality has made a decision, there is a requirement to send a copy of that decision, and the reasons for it, to the Provincial registrar and to publish a notice of the decision in a local newspaper. There is the ability for the applicant, registrar or any person to appeal the decision of Council to the Local Planning Appeal Tribunal. Staff have reviewed the request for a crematorium at this location and are of the opinion that it is in the public interest and are recommending that Council give its approval as required under the Funeral, Burial and Cremation Services Act. The reasons for staff’s recommendation are as follows. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 10 - 1 1)The crematorium is located in a ServiceIndustrial Zone (M-3). This zone permits a funeral homeuse. While there is no specific definition of funeral home under Zoning By-law 85-1, a crematorium is considered an accessory use to a funeral home. The Service Industrial Zone permits a long listofuses, including manufacturing uses,which could have appliances that operate and require approvals from the Ministry of the Environment Conservation and Parks (MOECP) similar to a crematorium. In staff’s opinion, there is an understanding that crematorium use needs to be considered in the City of Kitchener and that the M-3 zone is an appropriate zone for such use. 2)While there is no specific locational criteria prescribed in the Funeral, Burial and Cremation Services Act, the crematorium is 250 metres from the nearest proposed residential zone and 350 metresfrom any existing residential use.Planning staff are of the opinion that this is an appropriateseparation distance. 3)Approval has been given by the Environmental Commissioner of Ontario (MOECP). The Environmental Registry indicates that an Environmental Compliance Approval (Air and Noise) has been issued to Kitchener Funeral Homes & Crematorium Inc., for operating a crematorium in Kitchener, Ontario. The approval includes one crematorium unit. There was a 45 day public consultation period and the Ministry received 0 comments. It is staff’s understanding that there isrigourous requirements through the MOECP approval for emissions, noise and operations. Both the environmental approval andthe municipal approval are required prior to a licence being issued by the Provincial registrar for the crematorium. 4)A building permit was issued in May 2018 and the construction of the funeral home, including the installation of the crematorium, is nearing completion.Discussions with building staff confirm that the crematorium is situated in its own room and with appropriate fire separation, venting and clearances as per building code requirements. There is a viewing area that is sufficiently separated from the crematorium by fire proof glass. Building staff also mentioned there isfurther testing required by MOECP as part of the operation of the crematorium. Building staff have no concerns at this time with the proposed crematorium and final permit approval is expected in the next 3 to 4 weeks. 5)Fire staff are also aware of the crematorium and areinvolved in the building permit process. This includes ensuring appropriate separations and appliance evaluation. Appropriate fire alarm systems will be in place and inspections prior to occupancy will include a fire safety plan for both operators and visitors to the crematorium. Fire staff indicated they have no concerns with the proposed crematorium. 6)The applicant erected a sign notifying the public that a crematorium isproposed on the site. The signis located on the front of the property on Victoria Street and is of a size that it is clear to neighbouring property owners and the general public that a crematorium is proposed. Staff have had no inquiries from the public. 10 - 2 7)While the Funeral, Burial andCremation Services Act does not require a public meeting, the Council meeting thatthis report is being consideredatis a public meeting. The report and notice of the meeting will beavailable on the City’s website. For thereasons cited above, staffare of the opinionthat there has been sufficient review for the safety and operation of the crematorium by our building and fire staff as part of the building permit process. Also MOECP approval has been given with respect to noise and emissions for thecrematorium. The site is located in an industrial zone with a goodseparationdistance from any adjacent residential uses. There has been sufficient public notificationand opportunity for input,through the MOECP process and signage on the property, with noinquiriesreceived. The Council decision will be made at a public meeting. Based on these criteria, along with a thorough and thoughtful review, staff are of the opinion that the public interest is being met and the crematorium is an appropriate use in this location. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city’s strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: This approval is being considered under Section 83(3) of the Funeral, Burial and Cremation Services Act. As part of the licence requirementMOECP approval was obtained which has a public consultation component. There is clear signage on the property of the intent to operate a crematorium. The council meeting where this report is being considered is a public meeting that will be advertisedalong withthe report on the City’s website. A copy of the City’s decision will be posted in the Record. CONCLUSION: Based on thereview of the criteria noted above, staff are of the opinion that the public interest has been considered and is beingmet,andrecommend that Council give their approval for the crematorium proposed at 3 Forwell Road. REVIEWED BY:Larry Tansley, Assistant City Solicitor ACKNOWLEDGED BY: Justin Readman - General Manager, Development Services 10 - 3