Prepared By: Mark Chiovitti

File: B001/13 Applicant: RIZMI HOLDINGS LIMITED Address: 44 Uplands Avenue, Thornhill Agent: David Matthews - Matthews Planning &

Management Ltd. Adjournment Status: Notes: Comments/Conditions:

Commenting Department Comment Condition of

Approval Building Standards Development Planning Engineering TRCA PowerStream Other – Real Estate Other – Finance Other – York Region

Legend: - Positive Comment - Negative Comment

Item # 6 Ward #5

Form 9

FILE NUMBER: B001/13 APPLICANT: RIZMI HOLDINGS LIMITED

PROPERTY: Lot 33, Concession 1(Lot 29, Registered Plan No. M-1279 municipally known as 44 Uplands Ave, Thornhill)

ZONING: The subject lands are zoned R1V, Rural Residential, under By-law 1-88, as amended.

PURPOSE:

The purpose of this application is to request the consent of the Committee of Adjustment to convey the parcel of land for the CREATION of a NEW LOT for residential purposes, together with all required easements and right-of-ways, if required, and retain land for residential purposes. Currently there exist a single family detached dwelling on the retained land that extends over the subject land. There also exist a garage on the retained lands. This dwelling will be demolished.

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 A171/03, A195/03 and Consent Application B055/03 were Rejected

by the Committee, however the appeal was approved by the Ontario Municipal Board November 10, 2003 in Decision No. 1508.

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, JANUARY 17, 2013 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 may be disclosed to any individual 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 20TH, DAY OF DECEMBER, 2012. Todd Coles, BES, MCIP, RPP

Manager of Development Services and Secretary-Treasurer to Committee of Adjustment

Agenda packages will be available prior to hearing at:

http://bit.ly/VaughanCofA

COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1

Tel [905] 832-8585 Fax [905] 832-8535

NOTICE OF APPLICATION CONSENTS

FILE NUMBER: B001/13 APPLICANT: RIZMI HOLDINGS LIMITED

Subject Area Municipally known as 44 Uplands Avenue, Thornhill

COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1

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

To: Committee of Adjustment From: Susan Okom, Building Standards Department Date: November 26, 2012 Name of Owner: Rizmi Holdings Limited Location: Plan M-1279 Lot 29 44 Uplands Avenue File No. B001/13 Zoning Classification: The subject lands are zoned R1V, Rural Residential, under By-law 1-88, as amended. By-Law Requirements:

The conveyed lands do not have the required lot frontage and have the required lot area. A minimum lot frontage of 30 m is required whereas 22.53 m is proposed.

The retained lands do not have the required lot frontage and have the required lot area. A minimum lot frontage of 30 m is required whereas 24.59 m is proposed.

Stop Work Orders and Orders to Comply:

None

Building Permits Issued: We have no record of a building permit for the existing dwelling. The proposal is to demolish the existing dwelling.

Comments: This application was approved by the Ontario Municipal Board Decision No. 1508 dated November 10, 2003. Conditions of Approval: None Please note: These comments are based on a review of the documentation supplied with this application. Upon submission of detailed drawings for building/site plan approval, additional variances may be identified.

RECEIVED December 5, 2012

VAUGHAN COMMITTEE OF ADJUSTMENT

Page 1 of 2

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:

January 9, 2013

TO:

Todd Coles, Committee of Adjustment

FROM:

Grant Uyeyama, Director of Development Planning Development Planning Department

MEETING DATE:

January 17, 2013

OWNER: Rizmi Holdings Limited FILE(S): B001/13 Location:

44 Uplands Avenue, Thornhill Ward 5, Vicinity of Highway #407 and Yonge Street

Proposal:

The Owner is requesting permission to create a new residential lot. The severed and retained lands comply with the minimum lot area requirement of 845m2. The severed and retained lands comply with the minimum lot frontage requirement of 22.53m and 24.59m through Minor Variance Applications A171/03 and A195/03, respectively.

Official Plan:

The subject lands are designated “Low Density Residential” by in-effect OPA #210 (Thornhill Community Plan) as amended by in-effect OPA #589. The subject lands are also designated “Low-Rise Residential” by the new City of Vaughan Official Plan 2010, which is subject to approval from the Ontario Municipal Board. The proposal conforms to the policies of the Official Plan.

Comments:

The subject lands were previously part of an identical proposal to create a new residential lot (Consent Application #B055/03) with associated variances for the retained and severed lot, as follows: A171/03 Minimum lot frontage of 22.53m for the severed

lands, whereas by-law 1-88 requires 30m.

A195/03 Minimum lot frontage of 24.59m for the retained lands, whereas by-law 1-88 requires 30m.

The Consent and associated Minor Variance Applications were refused by the Committee of Adjustment on July 10, 2003. The Applicant appealed the decision of the Committee of Adjustment to the Ontario Municipal Board. The OMB allowed the appeals and approved the proposal on November 10, 2003 (OMB File PL030718, Decision No. 1508) together with the following conditions: • That the Owner shall enter into an agreement with the City

of Vaughan for the extension of municipal services (and Uplands Avenue if required) to the satisfaction of the Engineering Department; and,

• That the Applicant be responsible for relocating an existing gate further west to accommodate a driveway for the new lot, as the proposed severed lot abuts the Uplands Golf and Ski Centre.

RECEIVED

January 9, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT

Page 2 of 2

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

The original Consent Application lapsed as the conditions for approval were not satisfied within the one year time frame as stipulated by Section 53(41) of the Planning Act. However, the approved Minor Variance Applications for reduction in lot frontage remain in-effect. For Consent Application B001/13, the Owner is requesting permission to create a new residential lot identical to the previous proposal approved by the Ontario Municipal Board. The Development/Transportation Engineering Department has indicated that the above conditions outlined in the OMB decision are still required to facilitate the consent. In addition, the Development/Transportation Engineering Department requires the Applicant to provide a revised plan showing a new driveway access point outside of the daylight triangle for the proposed severed lot. Accordingly, the Development Planning Department is of the opinion that the proposal meets the intent of the Official Plan and the consent criteria stipulated in Section 51(24) of the Planning Act.

Recommendation:

The Development Planning Department supports Consent Application B001/13.

Condition(s):

None.

Report Prepared By: Mark Antoine, Planner I Christina Napoli, Senior Planner

DATE: January 9, 2013

TO: Todd Coles, Committee of Adjustment FROM: Nadia Porukova, Development/Transportation Engineering MEETING DATE: January 17, 2013 OWNER: Rizmi Holdings Limited FILE(S): Consent Application B001/13

Location: 44 Uplands Avenue Proposal: Creation of a new lot Comments: This property was subject to an identical consent application

B55/03. The consent application B55/03 was approved by the Ontario Municipal Board on November 10, 2003 in Decision #1508 subject to conditions.

Condition e) set out in Attachment 1 from the OMB, Decision #1508 is as follows: “That the Owner shall enter into an agreement with the City of Vaughan for the extension of municipal services (and Uplands Avenue if required) to the satisfaction of the Engineering Department”.

Currently, there is no municipal road fronting the severed land. The land was dedicated as public highway with a 20m R.O.W, but built as a driveway to service the Uplands Golf and Ski Centre. The driveway is built with approximately 7m pavement width without curbs, municipal services or utilities.

The applicant is proposing to use the existing driveway for an access point to the proposed new lot. To adequately service the new lot, the existing driveway needs to be upgraded to meet the acceptable standards for a Local Road. The required improvement shall provide for garbage pick-up, snow removing and traffic to the satisfaction of the City.

There are no municipal sanitary sewers and watermains fronting the severed land. Accordingly, the Owner shall enter into an agreement with the City of Vaughan for the extension of the Upland Avenue and the municipal services. The said agreement shall be registered against the lands to which it applies and to the satisfaction of the Development/Transportation Engineering Department. Also, the site plan, dated November 1, 2012 shows that the proposed access for the retained land crosses the City’s daylight triangle at the corner of Riverside Boulevard and Upland Avenue. The plan does not show access for the severed land. Accordingly the plan shall be revised to address these issues to the satisfaction of the Development/Transportation Engineering Department.

Condition(s): The Owner shall enter into an agreement pursuant to Subsection

51(25) of the Planning Act with the City of Vaughan to satisfy all conditions, financial or otherwise, of the City of Vaughan with regard to such matters the municipality may consider necessary including payment of the development levies, the provision of roads and municipal services landscaping and fencing. The said agreement shall be registered against the lands to which it applies and to the satisfaction of the Development/Transportation Engineering Department.

RECEIVED

January 9, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT

The Owner shall revise the plan to show revised access for the retained land and access for the severed land to the satisfaction of the Development/Transportation Engineering Department.

The Owner shall be responsible for relocating the gate farther west, to a location determined by the City, to accommodate the driveway for the new lot.

The future purchaser shall be acknowledged that the new lot abuts the parking lot of the Uplands Golf and Ski Centre, which is a busy City facility.

DATE: January 8, 2013

TO: Todd Coles, Committee of Adjustment FROM: Nadia Porukova, Development/Transportation Engineering MEETING DATE: January 17, 2013 OWNER: Rizmi Holdings Limited FILE(S): Consent Application B001/13

Location: 44 Uplands Avenue Proposal: Creation of a new lot Comments: This property was subject to an identical consent application

B55/03. The consent application B55/03 was approved by the Ontario Municipal Board on November 10, 2003 in Decision #1508 subject to conditions. Condition e) set out in Attachment 1 from the OMB, Decision #1508 is as follows: “That the Owner shall enter into an agreement with the City of Vaughan for the extension of municipal services (and Uplands Avenue if required) to the satisfaction of the Engineering Department”.

Currently, there is no municipal street fronting the severed land. The existing driveway abutting the severed land needs to be improved to meet the city’s standards that shall include but not limited to garbage pick-up, snow removing and traffic control. There are no municipal sanitary sewers and watermains fronting the severed land. Accordingly, the Owner shall enter into an agreement with the City of Vaughan for the extension of the Upland Avenue and the municipal services. The said agreement shall be registered against the lands to which it applies and to the satisfaction of the Development/Transportation Engineering Department. Also, the site plan, dated November 1, 2012 shows that the proposed access for the retained land crosses the City’s daylight triangle at the corner of Riverside Boulevard and Upland Avenue. The plan does not show access for the severed land. Accordingly the plan shall be revised to address these issues to the satisfaction of the Development/Transportation Engineering Department.

Condition(s): The Owner shall enter into an agreement pursuant to Subsection

51(25) of the Planning Act with the City of Vaughan to satisfy all conditions, financial or otherwise, of the City of Vaughan with regard to such matters the municipality may consider necessary including payment of the development levies, the provision of roads and municipal services landscaping and fencing. The said agreement shall be registered against the lands to which it applies and to the satisfaction of the Development/Transportation Engineering Department.

The Owner shall revise the plan to show revised access for the retained land and access for the severed land to the satisfaction of the Development/Transportation Engineering Department.

The Owner shall be responsible for relocating the gate farther west, to a location determined by the City, to accommodate the driveway for the new lot.

The future purchaser shall be acknowledged that the new lot abuts the parking lot of the Uplands Golf and Ski Centre, which is a busy City facility.

RECEIVED

January 9, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT

1

Chiovitti, Mark

Subject: FW: REQUEST FOR COMMENTS - B001/13 (Committee of Adjustment City of Vaughan)

From: Liuni, Terry Sent: Wednesday, December 05, 2012 2:09 PM To: Attwala, Pravina; Chiovitti, Mark; Coles, Todd; Providence, Lenore Subject: RE: REQUEST FOR COMMENTS - B001/13 (Committee of Adjustment City of Vaughan) Conditions: 3A - Tree Fee 25 - Payment of Taxes - certified cheque P1 - Payment of Regional Development Charge P2 - Payment of City Development Charge P3 - Payment of Education Development Charge P4 - Payment of Special Area Development Charge   

Terry Liuni Development Finance Supervisor ▪ Development Finance & Investments ▪ City of Vaughan ▪ T (905) 832-8585 X8354▪ F (905) 832-8509  

1

Chiovitti, Mark

Subject: FW: REQUEST FOR COMMENTS - B001/13 (Committee of Adjustment City of Vaughan)

From: Bilkhu, Vick [mailto:Vick.Bilkhu@york.ca] Sent: Wednesday, December 05, 2012 10:59 AM To: Chiovitti, Mark Subject: RE: REQUEST FOR COMMENTS - B001/13 (Committee of Adjustment City of Vaughan) No comment   Thanks   Vick Bilkhu Regional Municipality of York

Date: December 12, 2012 Attention: Mark Chiovitti File No’s.: 44 Uplands Ave, Lot 29, 65M-1279 B001/13

COMMENTS: (Via Email) We have reviewed the submitted request and have no objection to the proposal. It is the responsibility of the owner or his agent to contact our office and discuss all aspects of the above project. Please contact the below noted. Engineering Services # 905-417-6900 Toll Free # 1-877-963-6900

RECEIVED December 12, 2012 VAUGHAN COMMITTEE

OF ADJUSTMENT