File: A044/14 Applicant: FLORIA CREEK ESTATES INC. Address: 2839 Rutherford Road, Concord Agent: TINA ARRUDA
Trinistar Corporation Comments/Conditions:
Approval Building Standards Development Planning Engineering TRCA PowerStream Ministry of Transportation Cultural Services
Legend: - Positive Comment - Negative Comment
Item # 15 Ward #4
Form 9
COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1
Tel [905] 832-2281 Fax [905] 832-8535
FILE NUMBER: A044/14 APPLICANT: FLORIA CREEK ESTATES INC. PROPERTY: Part of Lot 15, Concession 4 (Part 1, Registered Plan No. 65R-27174 municipally
known as 2839 Rutherford Road, Concord) ZONING: The subject lands are zoned EM1, Prestige Employment Area Zone and subject to the
provisions of Exception 9(1190) under By-law 1-88 as amended. PURPOSE: To permit the construction of new office and banquet hall areas within the
existing building. PROPOSAL: 1. To permit 353 parking spaces. BY-LAW REQUIREMENT:
1. A minimum of 368 parking spaces are required.
BACKGROUND INFORMATION:
Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Zoning By-Law Amendment File Z.03.036 - Adopted by Council April 26, 2004. Site Development File DA.04.014 Adopted by Council April 26, 2004. By-Law 148-2004 Passed by Council May 25, 2004. Minor Variance Application A136/05 - APPROVED June 9 2005 - For 350 parking spaces. A246/04 - APPROVED August 19, 2004 – For 287 parking spaces.
A sketch is attached illustrating the request. This application will be heard by the Committee of Adjustment on the date and time shown below.
DATE: THURSDAY, FEBRUARY 27, 2014
TIME: 6:00 PM
LOCATION: COMMITTEE ROOM 242/243 (2nd Floor) VAUGHAN CITY HALL 2141 MAJOR MACKENZIE DRIVE VAUGHAN, ONTARIO L6A 1T1
You are invited to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. If you do not attend at the hearing it may proceed in your absence and, except as otherwise provided in the Planning Act, you will not be entitled to any further notice of the proceedings. If you wish to be notified of the decision of the Committee of Adjustment with respect to this application, you must complete the attached “Request for Decision” form and submit it to the Secretary-Treasurer. Additional information is available from the Committee of Adjustment staff between 8:30 a.m. and 4:30 p.m. Monday to Friday at the Committee of Adjustment, Clerks Department: Tel:(905) 832-8585/Fax: (905) 832-8535. If you wish to make written comments on this application they may be forwarded to the Secretary - Treasurer of the Committee of Adjustment PRIOR TO THE MEETING. Your comments are collected under the legal authority of the Planning Act, R.S.O. 1990,Chapter c. P.13, as amended. Your comments in respect to this application becomes the property of the City of Vaughan and will become part of the decision making process of the application as noted on this form. Pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended, public feedback to planning proposals is considered to be a public record and will be disclosed to any individual (including being posted on the internet) upon request in accordance with Section 27 of the Municipal Freedom of Information and Protection Privacy Act, R.S.O. 1990, c. M.56, as amended. Questions about this collection should be directed to the Secretary-Treasurer, Vaughan Committee of Adjustment, Clerk’s Department, 2141 Major Mackenzie Drive, Vaughan, Ontario; L6A 1T1 (905) 832-8585 x.8332. DATED THIS 12th DAY OF FEBRUARY, 2014. Todd Coles, BES, MCIP, RPP
Manager of Development Services and Secretary-Treasurer to Committee of Adjustment
Agenda packages will be available prior to the hearing at: Vaughan.ca/CofA
NOTICE OF APPLICATION MINOR VARIANCE
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Subject Area Municipally known as 2839 Rutherford Road, Concord
COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1
Phone: (905)832-8585 Fax: (905)832-8535
N
* Comments are based on the review of documentation supplied with this application.
2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) 832-2281
To: Committee of Adjustment From: Francesco Morea, Building Standards Department Date: February 7, 2014 REVISED Name of Owner: Floria Creek Estates Inc. Location: 2839 Rutherford Road Part of Lot 15, Concession 4 File No.(s): A044/14 Zoning Classification:
The subject lands are zoned EM1, Prestige Employment Area Zone and subject to the provisions of Exception 9(1190) under By-law 1-88 as amended.
Proposal:
1. To permit 353 parking spaces. By-Law Requirements:
1. A minimum of 368 parking spaces are required. Staff Comments: Stop Work Orders and Orders to Comply: There are no outstanding Orders on file.
Building Permits Issued:
A building permit has not been issued. The Ontario Building Code requires a building permit for structures that exceed 10m2.
Other Comments:
The lot coverage calculation for the building, including the proposed canopy, has not been provided. Lot coverage shall be calculated in accordance with the definition of Lot Coverage in Section 2.0, and the provisions of Subsection 7.2.3 of By-law 1-88 as amended. An additional variance may be required. Changing the definition of gross floor area as it relates to the calculation of required parking spaces is not customary when seeking variances for a reduction in parking. It is therefore recommended that a reduction in parking is based on a reduced parking requirement (as provided above). The parking requirements for a Health Centre and a Banquet Hall under Subsection 3.8 a) of By-law 1-88 as amended are equal – 11.0 parking spaces per 100 square metres of gross floor area. The applicant shall be advised that additional variances may be required upon review of detailed drawings for building permit/site plan approval. The subject lands may be subject to Ontario Regulation 166/06 (TRCA – Toronto Region Conservation Authority).
Conditions of Approval:
If the committee finds merit in the application, the following conditions of approval are recommended. None
RECEIVED
OF ADJUSTMENT
* Comments are based on the review of documentation supplied with this application.
2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) 832-2281
To: Committee of Adjustment From: Francesco Morea, Building Standards Department Date: February 3, 2014 Name of Owner: Floria Creek Estates Inc. Location: 2839 Rutherford Road Part of Lot 15, Concession 4 File No.(s): A044/14 Zoning Classification:
The subject lands are zoned EM1, Prestige Employment Area Zone and subject to the provisions of Exception 9(1190) under By-law 1-88 as amended.
Proposal:
1. To permit 353 parking spaces. By-Law Requirements:
1. A minimum of 368 parking spaces are required. Staff Comments: Stop Work Orders and Orders to Comply: There are no outstanding Orders on file.
Building Permits Issued:
A building permit has not been issued. The Ontario Building Code requires a building permit for structures that exceed 10m2.
Other Comments:
Changing the definition of gross floor area as it relates to the calculation of required parking spaces is not customary when seeking variances for a reduction in parking. It is therefore recommended that a reduction in parking is based on a reduced parking requirement (as provided above). The parking requirements for a Health Centre and a Banquet Hall under Subsection 3.8 a) of By-law 1-88 as amended are equal – 11.0 parking spaces per 100 square metres of gross floor area. The applicant shall be advised that additional variances may be required upon review of detailed drawings for building permit/site plan approval. The subject lands may be subject to Ontario Regulation 166/06 (TRCA – Toronto Region Conservation Authority).
Conditions of Approval:
If the committee finds merit in the application, the following conditions of approval are recommended. None
RECEIVED
OF ADJUSTMENT
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Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1
T: 905.832.8585 I F: 905.832.6080 I www.vaughan.ca
DATE:
FROM:
MEETING DATE:
OWNER: Floria Creek Estates Inc. FILE(S): A044/14 Location:
2839 Rutherford Road Ward 4, Vicinity of Rutherford Road and Jane Street
Proposal:
The Owner is requesting permission to construct new office and banquet hall areas within an existing building with 353 parking spaces, whereas By-law 1-88 requires 368 parking spaces.
Official Plan:
The subject lands are designated “Prestige Area” by in-effect OPA #450 (Employment Area), and “Prestige Employment” by the new City of Vaughan Official Plan 2010, which was approved, in part, by the Ontario Municipal Board on July 23, 2013, December 2, 2013, and February 3, 2014. The proposal conforms to the policies of the Official Plan.
Comments:
The Development Planning Department is of the opinion that the proposal is minor in nature, meets the intent of the Zoning By-law, and is desirable for the appropriate development of the land.
Recommendation:
Condition(s):
None.
Report Prepared By: Gillian McGinnis, Planner 1 Christina Napoli, Senior Planner
RECEIVED
OF ADJUSTMENT
FROM: Otello Santini, Development/Transportation Engineering MEETING DATE: February 27, 2014 OWNER: FLORIA CREEK ESTATES INC. FILE(S): Minor Variance Applications A044/14
Location: Part of Lot 15, Concession 4 (Part 1, Registered Plan No. 65R-
27174 municipally known as 2839 Rutherford Road). Proposal
1. To permit 353 parking spaces. By-Law Requirements:
1. A minimum of 368 parking spaces are required.
Comments: A parking study is not required as the deficiency in parking spaces
observed is less than 10%, (i.e. 15 parking spaces or 4.1%) and the minimum number of parking spots proposed will not adversely impact the subject site. Accordingly, the Development Transportation/Engineering Department has no further comments or objection to Minor Variance Application A044/14.
Condition(s): None.
Date: February 10, 2014
To: Todd Coles Via Email Manager of Development Services and Secretary-Treasurer to Committee of Adjustment
From: Daniel Rende Cultural Heritage Coordinator Recreation and Culture Department
Applicant: FLORIA CREEK ESTATES INC.
Location: Part of Lot 15, Concession 4 (Part 1, Registered Plan No. 65R-27174 municipally known as 2839 Rutherford Road, Concord)
File: A044/14
Cultural Services has received the request for comments regarding the above noted application and offers the following comments:
1. Cultural Services has no objection to the above noted application.
2. The subject parcel of land lies in an area identified as a being of high archaeological potential in the City’s database of archaeological resources. No archaeological assessment is required at this time, although future development may warrant an archaeological assessment. The owner is advised that the following standard clauses apply to the entire subject property:
i. Should archaeological resources be found on the property during construction activities, all work must cease and both the Ontario Ministry of Tourism, Culture and Sport, the City of Vaughan’s Policy Planning and Urban Design and Recreation and Culture Departments shall be notified immediately.
ii. In the event that human remains are encountered during construction activities, the proponent must immediately cease all construction activities. The proponent shall contact the York Regional Police Department, the Regional Coroner and the Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Business Services.
Daniel Rende, M.Pl. Cultural Heritage Coordinator Recreation & Culture Department City of Vaughan 905-832-8585 ext.8112 daniel.rende@vaughan.ca
Cc: Angela Palermo, Manager of Cultural Services
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Date: February 5, 2014 Attention: Mark Chiovitti RE: Request for Comments File No. A044/14 Related Files: Applicant: Floria Creek Estates Inc. Location: 2839 Rutherford Road, Concord
COMMENTS: (BY E-MAIL ONLY)
We have reviewed the proposed Variance Application and have no comments or objections to its approval.
We have reviewed the proposed Variance Application and have no objections to its approval, subject to the
following comments (attached below).
We have reviewed the proposed Variance Application and have the following concerns (attached below).
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PowerStream has received and reviewed the proposed Variance Application. This review, however, does not imply any approval of the
project or plan.
All proposed billboards, signs, and other structures associated with the project or plan must maintain minimum clearances to the existing
overhead or underground electrical distribution system as specified by the applicable standards, codes and acts referenced.
In the event that construction commences, and the clearance between any component of the work/structure and the adjacent existing
overhead and underground electrical distribution system violates the Occupational Health and Safety Act, the customer will be responsible
for 100% of the costs associated with PowerStream making the work area safe. All construction work will be required to stop until the
safe limits of approach can be established.
In the event construction is completed, and the clearance between the constructed structure and the adjacent existing overhead and
underground electrical distribution system violates the any of applicable standards, acts or codes referenced, the customer will be
responsible for 100% of PowerStream’s cost for any relocation work.
References:
Ontario Electrical Safety Code, latest edition (Clearance of Conductors from Buildings)
Ontario Health and Safety Act, latest edition (Construction Protection)
Ontario Building Code, latest edition (Clearance to Buildings)
PowerStream (Construction Standard 03-4), attached
Canadian Standards Association, latest edition (Basic Clearances)
If more information is required, please contact either of the following:
Mr. Barry N. Stephens Mr. Stephen Cranley
Commercial & Industrial Services Supervisor Supervisor, Subdivisions & New Services
Phone: 905-417-6900 ext. 5920 705-722-7244 ext. 31297
Fax: 905-532-4401 705-722-9040
E-mail: barry.stephens@powerstream.ca steve.cranley@powerstream.ca
Chiovitti, Mark
   
From: Singh, Christian (MTO) [mailto:Christian.Singh@ontario.ca] Sent: Wednesday, February 05, 2014 11:18 AM To: Chiovitti, Mark Subject: RE: Request for Comments - A044/14 (Committee of Adjustment City of Vaughan) Good Day Mark, After review, the following application A044/14 minor variance for 2839 Rutherford Road does not fall within the Ministry’s permit control. Therefore the Ministry has no comments to provide. Should you have any other questions or concerns please do not hesitate to contact me. Sincerely, Chris Singh Chris Singh Permits Officer Corridor Management Office Ministry of Transportation Central Region 1201 Wilson Ave, Building D, 7th Floor Downsview, Ontario M3M 1J8 Tel: 416-235-4276 Fax: 416-235-4267 Web www.mto.gov.on.ca/english/engineering/management/corridor/index.html
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