Prepared By: Lenore Providence

File: A202/15 Applicant: EMBEE PROPERTIES LTD. Address: 9930, 9940, 9950-9980 Dufferin Street,

Maple. Agent: NONE NOTE: At the time of preparing the agenda package, Planning

Department comments were not received. Comments/Conditions:

Commenting Department Comment Condition of

Approval Building Standards Development Planning Engineering TRCA PowerStream York Region Planning and Economic Development Branch Parking Study

Legend: - Positive Comment - Negative Comment

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Form 9

COMMITTEE OF ADJUSTMENT2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1

Tel [905] 832-2281 Fax [905] 832-8535

FILE NUMBER: A202/15 APPLICANT: EMBEE PROPERTIES LTD. PROPERTY: Part of Lot 20, Concession 3 (Part of Block 210, Registered Plan 65M-3932)

municipally known as 9930, 9940, 9950-9980 Dufferin Street, Maple. ZONING: The subject lands are zoned C4, Neighbourhood Commercial Zone and subject to the

provisions of Exception 9(1229) under By-law 1-88 as amended. PURPOSE: To permit the construction of a proposed one-storey commercial building. PROPOSAL: 1. To permit a minimum exterior side yard setback of 6.27 metres from Freedom Trail

to Building ‘A’. 2. To permit a maximum building height of 14.06 metres. 3. To permit a maximum gross floor area of 10,812.76 m2. 4. To permit a total of 477 parking spaces.

BY-LAW REQUIREMENT:

1. A minimum exterior side yard setback of 11.0 metres is required from Freedom Trail.

2. A maximum building height of 11.0 metres is permitted. 3. A maximum gross floor area of 7,000 m2. 4. A minimum of 649 parking spaces are required (10,812.76 m2 @ 6.0 spaces per

100 m2). 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: MINOR VARIANCE APPLICATION: A057/08 - APPROVED Mar 13/08 (setbacks, height, gross floor area, landscape strips, parking

space ratio, loading spaces and drive thru requirements. SITE PLAN APPLICATION: DA.07.047 APPROVED March 31, 2008 without amendment by the Council of the City of

Vaughan. DA.15.024 Status unknown (for the Highland Farms (Bldg "A"))

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, JULY 9, 2015 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 JUNE 24, 2015.

Todd Coles, BES, MCIP, RPP Manager of Development Services and

Secretary-Treasurer to Committee of AdjustmentAgenda packages will be available prior to hearing at: Vaughan.ca/CofA

NOTICE OF APPLICATION MINOR VARIANCE

Form 9

FILE NUMBER: A202/15

APPLICANT: EMBEE PROPERTIES LTD.

Subject Area Municipally known as 9930, 9940, 9950-9980 Dufferin Street, Maple.

COMMITTEE OF ADJUSTMENT2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1

Phone: (905)832-8585 Fax: (905)832-8535

EXTRACTS FROM THE MARCH 13, 2008 COMMITTEE OF ADJUSTMENT MINUTES

MINOR VARIANCE PUBLIC HEARING: No. 8.

FILE NO. A057/08

APPLICANT: EMBEE PROPERTIES LIMITED PROPERTY: Part of Lot 20, Concession 3, (Block 210, Registered Plan 65M-3932, municipally

known as 9980 Dufferin Street, Maple). ZONING: The subject lands are zoned C4, Neighbourhood Commercial, subject to Exception

9(1229) under By-law 1-88, as amended. PURPOSE: To permit the construction of a proposed shopping centre, consisting of six, one-storey

commercial buildings.

Proposal: By-Law Requirements: 1. Minimum front yard setback (Dufferin St.) to Building F

of 5.32m. 2. Minimum rear yard setback (Laramie Cres.) to Buildings

A,B,C of 6.00m. 3. Minimum exterior sideyard setback (Major Mackenzie

Drive) to Building C of 6.00 m and to Building D of 0.55m.

4. Maximum building height of 11.60 m. – Building A 5. Maximum gross floor area of 9844.08 sq.m. 6. Minimum setback to “R” zone of 6.00 m. 7. Minimum landscape strips – 0.55 m. Building D (Major

Mackenzie Drive), 5.32 m. Building F (Dufferin St.), 4.98 m. Building A (Freedom Trail).

8. Drive thru for a financial institution with stacking lanes for 4 cars – Buildings E and F.

9. Parking space ratio at 5/100 sq. m. 10. Loading spaces between a building and a street –

Building A (Freedom Trail), Building C (Dufferin St.), Building D (Freedom Trail).

1. Minimum front yard setback of 11.00m. 2. Minimum rear yard setback of 15.00m. 3. Minimum exterior sideyard setback of

11.00m. 4. Maximum building height of 11.00 m. 5. Maximum gross floor area of 7000 sq. m. 6. Minimum setback to “R” zone of 22.5 m. 7. Minimum landscape strip of 6.00 m. 8. Drive thru for an eating establishment only

with stacking lanes to accommodate a minimum of 8 cars.

9. Parking space ratio at 6/100 sq. m. 10. Loading and unloading shall not be

permitted between a building and a street.

BACKGROUND: The land which is subject to this application was also the subject of another

application under the Planning Act: Site Plan Application: File # DA.07.047 Recommended by staff for

Approval to Committee of the Whole

Bruce Thom, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the requests.

There was no one in attendance either in support of or in opposition to the request. The Building Department made the following written comments: “Loading spaces must be a minimum of 9.0 m. long, 3.5 m. wide and have a vertical clearance of not less than 4.2 m.” There were no other comments/objections from any Departments or Agencies.

The Committee is of the opinion that the variances sought, can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by M. S. Panicali Seconded by L. Fluxgold THAT Application No. A057/08 – EMBEE PROPERTIES LIMITED, be APPROVED, in accordance with the sketches attached. CARRIED.

MemorandumTO:

Jonathan Rubin, M.Sc.Pl. MCIP RPPDirector, Planning & DevelopmentEmbee Properties Limited88 Sheppard Avenue West, Suite 200Toronto, ON M2N 1M5Tel: (416) 250-5858 x34

FROM:John E. Barrington, Senior AssociateJoshua T. Butcher, Planner

PROJECT:7192-07Highland Farms – 9930-9980Dufferin Street

DATE:June 24, 2015

SUBJECT: 9930-9980 DUFFERIN STREETPROPOSED HIGHLAND FARMS SUPERMARKETPARKING UTILIZATION STUDY ADDENDUM 1

This letter provides an Addendum to the Parking Utilization Study report prepared by BA Group and dated April 10, 2015 for the proposed stand-alone food store in the commercial plaza at 9930-9980 Dufferin Street.

We understand that, the total gross floor area of the development was reduced and 2 less parking spaces are proposed in order to accommodate the new OBC requirement for Type A and Type B parking spaces. As a result, 477 parking spaces will be provided. The April 10, 2015 Parking Study was based on 479 parking spaces being provided.

As shown on Table 1, considering the adjusted parking demand rate of 3.75 spaces per 100m2 of GFA for the existing buildings on-site, as well as the as-of-right site specific parking rate of 5.00 per 100m2 for the proposed Highland Farms supermarket in ‘Building A’, a total of 471 parking spaces are required for the subject development (or 4.36 spaces per 100 m2). Therefore, the proposed parking supply of 477 spaces can reasonably accommodate both the existing and future parking demands of the expanded subject site.

We have concluded that the proposed parking supply of 477 parking spaces is sufficient to accommodate the peak parking requirements for the existing / proposed uses at 9980 Dufferin Street. Such a supply accounts for existing on-site parking demands that have been conservatively adjusted upwards by 36%, while applying the prevailing site parking rate of 5.00 spaces per 100 m2 to both the existing vacant units, as well as proposed new Highland Farms supermarket building. As a result, it is our opinion that the requested parking variance is appropriate, minor in nature and should be approved by the Committee.

JUNE 24, 2015

A202/15

MOVEMENTIN URBANENVIRONMENTS BAGROUP.COM 2

TABLE 1 PROPOSED PARKING STANDARD (EXISTING BUILDINGS + PROPOSED SUPERMARKET)

Building/Units Area (m2) Parking Rate No. Parking Spaces

All Existing Buildings 5,586.19 3.75 per 100 m2

(Adjusted Peak Parking Rate) 210 spaces

Proposed ‘Building A’ 5,215.28 5.00 spaces per 100m2

(Prevailing site specific rate) 261 spaces

Existing Buildings + Proposed ‘Building A’ 10,801.47 4.36 spaces per 100m2 471 spaces

Sincerely,BA Consulting Group Ltd.

Joshua T. Butcher, John E. BarringtonTransportation Planner Senior Associate

* 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: June 18, 2015 Name of Owner: Embee Properties Limited Location: 9940 Dufferin Street

65M-3932, Block 210 Part of Lot 20, Concession 3

File No.(s): A202/15 Zoning Classification:

The subject lands are zoned C4, Neighbourhood Commercial Zone and subject to the provisions of Exception 9(1229) under By-law 1-88 as amended.

Proposal:

1. To permit a minimum exterior side yard setback of 6.27 metres from Freedom Trail to Building ‘A’.

2. To permit a maximum building height of 14.06 metres. 3. To permit a maximum gross floor area of 10,812.76 m2. 4. To permit a total of 477 parking spaces.

By-Law Requirements:

1. A minimum exterior side yard setback of 11.0 metres is required from Freedom Trail.

2. A maximum building height of 11.0 metres is permitted. 3. A maximum gross floor area of 7,000 m2. 4. A minimum of 649 parking spaces are required (10,812.76 m2 @ 6.0

spaces per 100 m2). 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 applicant shall be advised that additional variances may be required upon review of detailed drawings for building permit/site plan approval. Previous minor variance application A057/08 approved a maximum building height of 11.60 metres. Previous minor variance application A057/08 approved a maximum gross floor area of 9,844.08 m2

Previous minor variance application A057/08 approved a reduced parking ratio of 5.0spaces /100 m2 of GFA. Based on this ratio a minimum of 541 parking spaces are required (10,812.76 m2 @ 5.0/100 m2 of GFA = 541 spaces). Please note as of January 1, 2015 Accessible Parking Spaces are subject to the provisions of Ontario Regulation - O. Reg. 413/12, Subsections 80.32 through 80.39, which supersede the current by-law requirements in By-law 1-88 as amended.

Conditions of Approval:

None

RECEIVED

June 18, 2015 VAUGHAN COMMITTEE

OF ADJUSTMENT

DATE: June 29, 2015

TO: Todd Coles, Committee of Adjustment FROM: Steve Lysecki

Development Engineering & Infrastructure Planning Services MEETING DATE: July 9, 2015 OWNER: EMBEE PROPERTIES LIMITED FILE(S): A202/15

Location: Part of Lot 20, Concession 3 (Part of Block 210, Registered Plan 65M-3932) municipally known as 9930, 9940, 9950-9980 Dufferin Street, Maple.

Proposal:

1. To permit a minimum exterior side yard setback of 6.27 metres from Freedom Trail to Building ‘A’. 2. To permit a maximum building height of 14.06 metres. 3. To permit a maximum gross floor area of 10,812.76 m2. 4. To permit a total of 477 parking spaces.

By-Law Requirements:

1. A minimum exterior side yard setback of 11.0 metres is required from Freedom Trail.

2. A maximum building height of 11.0 metres is permitted. 3. A maximum gross floor area of 7,000 m2. 4. A minimum of 649 parking spaces are required (10,812.76 m2

@ 6.0 spaces per 100 m2).

Comments:

The reduced exterior side yard setback to 6.27m from Freedom Trail in support of the proposed Highland Farms grocery store (DA15-024) does not impact the functionality of the proposed drainage for the parcel. Grade differential can be adequately addressed via 3:1 sloping and proposed stairs for pedestrian / consumer access. The proposed parking supply reduction to 477 spaces was adequately justified in addendum letter (dated June 24, 2015) to the Parking Utilization Study report prepared by BA Group dated April 10, 2015. Accordingly, the Development Engineering and Infrastructure Planning Services Department does not object to Variance Application A202/15.

Conditions: None.

1

Providence, Lenore

Subject: FW: A202/15 - REQUEST FOR COMMENTS (City of Vaughan Committee of Adjustment)Attachments: A202-15 - Circulation.pdf

  

RECEIVED

JUNE 24, 2015 Committee of Adjustment 

 

From: Lysecki, Steve Sent: Wednesday, June 24, 2015 11:00 AM To: Wong, Natalie; Providence, Lenore Subject: FW: A202/15 - REQUEST FOR COMMENTS (City of Vaughan Committee of Adjustment) Hi Natalie / Lenore,  Please note that this variance application is tied to DA15‐024.  Per the parking study completed for this Development Application, 479 spaces was approved, not 477.  Is this an error in the application?  If not, I will request that the parking study be updated for variance 202/15.  Thanks,   

Steve Lysecki Development Engineering & Infrastructure Planning Services Department The Corporation of the City of Vaughan 2141 Major Mackenzie Drive Vaughan, ON L6A 1T1 Phone: 905-832-8585, ext. 8731 Fax: 905-832-6145 Email: steve.lysecki@vaughan.ca

Date: June 22, 2015 Attention: Lenore Providence

RE: Request for Comments File No. A202/15 Related Files: Applicant: Embee Properties Ltd. Location: 9930, 9940, 9950-9980 Dufferin Street, Maple

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).

X

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. Tony D’Onofrio

Commercial & Industrial Services Supervisor Supervisor, Subdivisions & New Services

Phone: 1-877-963-6900 ext. 4425 Phone: 1-877-963-6900 ext. 24419

Fax: 905-532-4401 Fax: 905-532-4401

E-mail: barry.stephens@powerstream.ca E-mail: steve.cranley@powerstream.ca

1

Providence, Lenore

Subject: FW: A202/15 - REQUEST FOR COMMENTS (City of Vaughan Committee of Adjustment)

  

RECEIVED

JUNE 24, 2015 Committee of Adjustment 

  

From: Hurst, Gabrielle [mailto:Gabrielle.Hurst@york.ca] Sent: Wednesday, June 24, 2015 2:07 PM To: Providence, Lenore; Attwala, Pravina; Coles, Todd Subject: RE: A202/15 - REQUEST FOR COMMENTS (City of Vaughan Committee of Adjustment) Good Afternoon,  The Region of York has completed its review of the above Minor Variance application and has no objection. Please contact me if you require additional information.  Regards,  Gabrielle  

Gabrielle Hurst, MCIP. RPP. C.Tech | Programs and Process Improvement 905-830-4444 ext. 71538 | gabrielle.hurst@york.ca