Staff Report Summary Item # 21
Ward # 1
File: A081/18
Applicant: Kleinburg North Holdings Ltd.
Address: 10483 Islington Avenue, Kleinburg
Agent: Joe DiGiuseppe
Please note that comments received after the preparation of this Staff Report (up until 12:00 p.m. on the scheduled hearing date) will be provided as an addendum.
Commenting Department Condition(s) Positive Comment Negative Comment Committee of Adjustment Building Standards Building Inspection Development Planning Development Engineering Parks Department By-law & Compliance
Financial Planning & Development Fire Department
TRCA
Ministry of Transportation Region of York Alectra (Formerly PowerStream) Public Correspondence (see Schedule B)
Adjournment History: None
Background History: A098/15 (see next page for details)
Staff Report Prepared By: Lenore Providence Hearing Date: Thursday, July 19, 2018
Staff Report A081/18 Page 2 Minor Variance Agenda Item: 21 Application
A081/18 Ward: 1
Staff Report Prepared By: Lenore Providence, Assistant Secretary Treasurer
Date of Hearing: Thursday, July 19, 2018
Applicant: Kleinburg North Holdings Ltd.
Agent: Joe DiGiuseppe
Property: 10483 Islington Avenue, Kleinburg
Zoning: The subject lands are zoned C11 Mainstreet Commercial, under By-law 1-88 as amended.
OP Designation: VOP 2010: "Mainstreet Commercial" under the Kleinburg Core Area Specific Policy (Volume 2, S. 12.4) and within the Kleinburg-Nashville Heritage Conservation Area.
Related Files: None
Purpose: Relief from the By-law is being requested to accommodate a proposed restaurant.
The following variances are being requested from By-Law 1-88, as amended, to accommodate the above proposal:
By-law Requirement Proposal 1. A minimum of 64 parking spaces are required. 1. To permit a minimum of 15 parking spaces for the Eating Establishment with patio.
2. A cellar/basement shall be used for no other 2. To permit the cellar/basement to be used for purpose than storage, mechanical and/or laundry bathrooms. facilities or parking.
Background (previous applications approved by the Committee on the subject land):
Application No.: Description: Status of Approval: Approved/Refused/Withdrawn/ OMB/Concurrent A098/15 To permit the construction of an one-story addition to APPROVED April 16/15 existing one and two storey commercial building. 1. To permit a minimum front yard setback of 0.0 metres to the porch and steps. 2. To permit a minimum front yard setback of 1.135 metres to the structure. 3. To permit a minimum northerly interior side yard setback of 0.56 metres to the structure. 4. To permit a minimum aisle width of 3.245 metres. 5. To permit a minimum parking space size of 2.7 metres X 5.7 metres. 6. To permit a minimum handicap parking space size of 3.9 metres X 5.7 metres. 7. To permit a driveway width at the property line to be a minimum of 4.645 metres. 8. To permit a minimum landscape strip of 0.425 metres where the northerly boundary abuts a use other than residential and open space. 9. To permit a minimum landscape strip of 0.0 metres along the easterly and southerly lot lines where they abut a residential use. 10. To permit a minimum landscape strip of 0.0 metres along the front lot line where it abuts a street.
Staff Report A081/18 Page 3
For information on the previous approvals listed above please visit www.vaughan.ca. To search for a file number, enter it using quotes around it. For example, “A001/17”.
To search property address, enter street number and street name using quotes. For example, “2141 Major Mackenzie”. Do not include street type (i.e. drive).
Adjournment History:
Hearing Date: Members Absent Status of Reason for Adjournment: from Hearing: Adjournment: (i.e. date/sine die) June 21/18 S. Perrella Adjourned to July Agent requested adjournment to address Planning 19, 2018 and Engineering’s comments and to have opportunity to meet with residents present to discuss the application.
Staff & Agency Comments
Please note that comments received after the preparation of this Staff Report (up until 12:00 p.m. on the scheduled hearing date) will be provided as an addendum.
Committee of Adjustment: Public notice was mailed on June 6, 2018
Applicant confirmed posting of signage on June 4, 2018 and July 5, 2018
Property Information Existing Structures Year Constructed Dwelling 1901, renovated 2017
Applicant has advised that they cannot comply with By-law for the following reason(s): Maximum amount of parking spaces have been provided on the lot. Food storage is best suited in the basement.
Recommended conditions of approval: (Use only those that apply)
Building Standards (Zoning Review): Stop Work Order(s) and Order(s) to Comply: N/A
Building Permit No. 15-003309 R1 for Single Use (Commercial) - Addition, Issue Date: Mar 31, 2016 Building Permit No. 15-003466 for Single Use (Commercial) - Non-Res Demolition, Issue Date: Oct 29, 2015 Building Permit No. 15-003309 for Single Use (Commercial) - Addition, Issue Date: Dec 24, 2015 Building Permit No. 15-003309 R2 for Single Use (Commercial) - Interior Unit Alteration, Issue Date: Oct 07, 2016
Please contact the Development Planning Department at (905)832-8565 to enquire as to whether a site plan approval process is required.
The applicant shall be advised that additional variances may be required upon review of detailed drawing for building permit/site plan approval.
Any lighting facilities illuminating an outdoor patio shall be arranged so as to deflect light away from adjoining properties and streets.
The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations, music concerts and shows, shall not be permitted in areas designated for outdoor patio use.
Building Inspections (Septic): No comments or concerns
Development Planning: VOP 2010: "Mainstreet Commercial" under the Kleinburg Core Area Specific Policy (Volume 2, S. 12.4) and within the Kleinburg-Nashville Heritage Conservation Area.
The Owner is currently revising the proposed Parking Study in accordance with comments provided by Transportation Engineering, who are not in support of the original proposal. As such, the Development Planning Department recommends that the application be adjourned until such time that the revised Parking Study has been provided and Transportation Engineering staff have had the opportunity to review the revised proposal.
Staff Report A081/18 Page 4
Development Engineering: The Development Engineering (DE) Department has reviewed variance application A081/18. Following our Transportation Division review of the provided parking study, Transportation offers the following comment(s) listed below in addition to the provided memorandum saved under attachments:
1. Table 1 of the report shows development’s GFA (excluding patio area) as 288.24 m2, whereas previous study shows total GFA 363.24 m2 (excluding patio area). Study should include a drawing to verify development’s GFA (Figure 2 of the report is not readable). Furthermore reduction in total GFA from 400.24 m2 to 288.24 m2 to be verified by the Planning Department/Building Standard Department, City of Vaughan.
2. The recommended parking ratio i.e. 8 spaces/100 m2 is based on the IBI Study. We acknowledged that draft parking standards report prepared by IBI Group for the City of Vaughan is endorsed by the City Council, however by-law to implement the study has not been approved by the City Council. Therefore, in the absence of new City by-law, we recommend that analysis/survey of at least two similar type of facilities should be included in the report to verify the recommended parking ratio; at least two survey data is required and survey to be done during busy periods. Furthermore on-street parking accumulation should also be recorded during the study and data should be included in the report. Please note, parking estimated in the previous study for the proxy site at 10512 Islington Avenue is not acceptable as it does not represent the parking demand of a typical restaurant. Furthermore restaurant’s patrons on-street parking data is also missing. Please note, parking lot was observed full occupied during Saturday’s peak period.
3. The cash-in-Lieu cost estimation as shown on Table 2 of the report to be verified by the Planning Department, City of Vaughan.
4. Additional comments have been marked on the attached reliance letter/report
Parks Development: No comments or concerns
By-Law and Compliance, Licensing and Permit Services: No Response.
Financial Planning and Development Finance: That the payment of the City Development Charge is payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and City-wide Development Charge By-law in effect at time of payment.
That the payment of Region of York Development Charge is payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and Regional Development Charges By- laws in effect at time of payment.
That the payment of Education Development Charge is payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and York Region District School Board and York Catholic District School Board Development Charges By-laws in effect at time of payment
That the payment of applicable Special Area Development Charges are payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and Special Area Development Charge By-laws in effect at time of payment.
Fire Department: No Response.
Schedule A – Plans & Sketches
Schedule B – Public Correspondence Letter of Objection (June 7, 2018) – K. Angus - Kleinburg and Area Ratepayer Association Letter of Objection (June 19, 2018)– N. & R. Dickinson, 133 Donhill Crescent Letter of Objection (June 20, 2018) – Anonymus Letter of Objection (June 21, 2018)– J. & P. Cutler, 437 Westridge Drive Letter of Objection (July 10, 2018) – K. Angus - Kleinburg and Area Ratepayer Association
Schedule C - Agency Comments MTO – Located outside of MTO permit control area Alectra (Formerly PowerStream) – No concerns or objections Region of York – No concerns or objections Development Engineering - Reliance letter/report
Schedule D - Previous Approvals (Notice of Decision) Minor Variance A098/15
Staff Report A081/18 Page 5
Staff Recommendations: Staff and outside agencies (i.e. TRCA) act as advisory bodies to the Committee of Adjustment. Comments received are provided in the form of recommendations to assist the Committee.
The Planning Act sets the criteria for authorizing minor variances to the City of Vaughan’s Zoning By-law. Accordingly, review of the application considers the following:
That the general intent and purpose of the by-law will be maintained.
That the general intent and purpose of the official plan will be maintained.
That the requested variance(s) is/are acceptable for the appropriate development of the subject lands.
That the requested variance(s) is/are minor in nature.
Please Note:
Relief granted from the City’s Zoning By-law is determined to be the building envelope considered and approved by the Committee of Adjustment.
Development outside of the approved building envelope (subject to this application) must comply with the provisions of the City’s Zoning By-law or additional variances may be required.
Conditions
It is the responsibility of the owner/applicant and/or authorized agent to obtain and provide a clearance letter from respective department and/or agency. This letter must be provided to the Secretary-Treasurer to be finalized. All conditions must be cleared prior to the issuance of a Building Permit.
Notice to the Applicant – Development Charges
That the payment of the Regional Development Charge, if required, is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment.
That the payment of the City Development Charge, if required, is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment.
That the payment of the Education Development Charge if required, is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment
That the payment of Special Area Development charge, if required, is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and The City's Development Charge By-law in effect at the time of Building permit issuance to the satisfaction of the Reserves/Capital Department;
Staff Report A081/18 Page 6 Notice to Public
WRITTEN SUBMISSIONS: Any person who supports or opposes this application, but is unable to attend the hearing, may make a written submission, together with reasons for support or opposition, which must be delivered no later than 12:00 p.m. on the scheduled public hearing date.
Written submissions can be mailed and/or emailed to:
City of Vaughan Committee of Adjustment 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 [email protected]
ORAL SUBMISSIONS: If you wish to attend the meeting you will be given an opportunity to make an oral submission. Presentations to the Committee are generally limited to 5 minutes in length. Please note that Committee of Adjustment meetings are audio recorded. Your name, address comments and any other personal information will form part of the public record pertaining to this application.
PUBLIC RECORD: Personal information is collected under the authority of the Municipal Act, the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the Planning Act and all other relevant legislation, and will be used to assist in deciding on this matter. All personal information (as defined by MFIPPA), including (but not limited to) names, addresses, opinions and comments collected will become property of the City of Vaughan, will be made available for public disclosure (including being posted on the internet) and will be used to assist the Committee of Adjustment and staff to process this application.
NOTICE OF DECISION: If you wish to be notified of the decision in respect to this application or a related Local Planning Appeal Tribunal (LPAT) hearing you must complete a Request for Decision form and submit to the Secretary Treasurer (ask staff for details). In the absence of a written request to be notified of the Committee’s decision you will not receive notice.
For further information please contact the City of Vaughan, Committee of Adjustment
T 905 832 8585 Extension 8394 E [email protected]
Staff Report A081/18 Page 7 Schedule A: Plans & Sketches
Please note that the correspondence listed in Schedule A is not comprehensive. Plans & sketches received after the preparation of this staff report will be provided as an addendum. Correspondence will only be accepted until 12:00 p.m. on the date of the scheduled hearing.
Location Map Sketches
Map Information: Title: NOTIFICATION MAP - A081/18
Scale: 1: 2,257 10483 ISLINGTON AVENUE, KLEINBURG 0km0.04
Created By: Projection: Disclaimer: Infrastructure Delivery NAD 83 Every reasonable effort has been made to ensure that the information appearing on this map is accurate and current. We believe the information to be reliable, however the City of Vaughan assumes no UTM Zone responsibility or liability due to errors or omissions. Please report any discrepancies to Infrastructure Programming. Department July 11, 2018 5:58 PM 17N This drawing, as an instrument of service, is provided by and is the property of Graziani + Corazza Architects Inc. The contractor must verify and accept responsibility for all dimensions and conditions on site and must notify Graziani + Corazza Architects Inc. of any variations from the supplied information. Graziani + Corazza Architects Inc. is not responsible for the accuracy of survey, structural, mechanical, electrical, etc., engineering information shown on this drawing. Refer to the appropriate engineering drawings before proceeding with the work. Construction must conform to all applicable codes and requirements of the authorities having jurisdiction. Unless otherwise noted, no investigation has been undertaken or reported on by this office in regards to the environmental condition of this site.
This drawing is not to be scaled. All architectural symbols indicated on this drawing are graphic representations only.
Conditions for electronic information transfer
Electronic information is supplied to the other associated firms to assist them in the execution of their work/review. The recipient firms must determine the completeness/appropriateness/relevance of the information in respect to their particular responsibility.
Graziani + Corazza Architects Inc. shall not be responsible for: 1. Errors, omissions, incompleteness due to loss of information in whole or part when information is transferred. 2. Transmission of any virus or damage to the receiving electronic system when information is transferred.
01. SEP.18.2017 ISSUED FOR TENANT IMPROVEMENT __
02. APRIL.19.2018 RE-ISSUED FOR TENANT IMPROVEMENT __
issued for revisions
1320 Shawson Drive, Suite 100 Mississauga Ontario L4W 1C3 Phone. 905.795.2601 Fax.905.795.2844 www.gc-architects.com
project type AMERICANO BAR 10483 Islington Avenue Kleinburg Ontario Project Architect: ___ Assistant Designer: ___ Drawn By: MANI Checked By: ___ Plot Date: Apr. 19, 2018 Job # 1562.17 SITE PLAN
1:100 A101
TITLEBLOCK SIZE: 610 x 900
This drawing, as an instrument of service, is provided by and is the property of Graziani + Corazza Architects Inc. The contractor must verify and accept responsibility for all dimensions and conditions on site and must notify Graziani + Corazza Architects Inc. of any variations from the supplied information. Graziani + Corazza Architects Inc. is not responsible for the accuracy of survey, structural, mechanical, electrical, etc., engineering information shown on this drawing. Refer to the appropriate engineering drawings before proceeding with the work. Construction must conform to all applicable codes and requirements of the authorities having jurisdiction. Unless otherwise noted, no investigation has been undertaken or reported on by this office in regards to the environmental condition of this site.
This drawing is not to be scaled. All architectural symbols indicated on this drawing are graphic representations only.
Conditions for electronic information transfer
Electronic information is supplied to the other associated firms to assist them in the execution of their work/review. The recipient firms must determine the completeness/appropriateness/relevance of the information in respect to their particular responsibility.
Graziani + Corazza Architects Inc. shall not be responsible for: 1. Errors, omissions, incompleteness due to loss of information in whole or part when information is transferred. 2. Transmission of any virus or damage to the receiving electronic system when information is transferred.
01. SEP.18.2017 ISSUED FOR TENANT IMPROVEMENT __
02. APRIL.19.2018 RE-ISSUED FOR TENANT IMPROVEMENT __
issued for revisions
1320 Shawson Drive, Suite 100 Mississauga Ontario L4W 1C3 Phone. 905.795.2601 Fax.905.795.2844 www.gc-architects.com
project type AMERICANO BAR 10483 Islington Avenue Kleinburg Ontario Project Architect: ___ Assistant Designer: ___ Drawn By: MANI Checked By: ___ Plot Date: Apr. 19, 2018 Job # 1562.17 GROUND FLOOR PLAN
1:50 A302
TITLEBLOCK SIZE: 610 x 900 This drawing, as an instrument of service, is provided by and is the property of Graziani + Corazza Architects Inc. The contractor must verify and accept responsibility for all dimensions and conditions on site and must notify Graziani + Corazza Architects Inc. of any variations from the supplied information. Graziani + Corazza Architects Inc. is not responsible for the accuracy of survey, structural, mechanical, electrical, etc., engineering information shown on this drawing. Refer to the appropriate engineering drawings before proceeding with the work. Construction must conform to all applicable codes and requirements of the authorities having jurisdiction. Unless otherwise noted, no investigation has been undertaken or reported on by this office in regards to the environmental condition of this site.
This drawing is not to be scaled. All architectural symbols indicated on this drawing are graphic representations only.
Conditions for electronic information transfer
Electronic information is supplied to the other associated firms to assist them in the execution of their work/review. The recipient firms must determine the completeness/appropriateness/relevance of the information in respect to their particular responsibility.
Graziani + Corazza Architects Inc. shall not be responsible for: 1. Errors, omissions, incompleteness due to loss of information in whole or part when information is transferred. 2. Transmission of any virus or damage to the receiving electronic system when information is transferred.
01. SEP.18.2017 ISSUED FOR TENANT IMPROVEMENT __
02. APRIL.19.2018 RE-ISSUED FOR TENANT IMPROVEMENT __
issued for revisions
1320 Shawson Drive, Suite 100 Mississauga Ontario L4W 1C3 Phone. 905.795.2601 Fax.905.795.2844 www.gc-architects.com
project type AMERICANO BAR 10483 Islington Avenue Kleinburg Ontario Project Architect: ___ Assistant Designer: ___ Drawn By: MANI Checked By: ___ Plot Date: Apr. 19, 2018 Job # 1562.17 MEZZANINE FLOOR PLAN
1:50 A303
TITLEBLOCK SIZE: 610 x 900 Staff Report A081/18 Page 8
Schedule B: Public Correspondence Received
Please note that the correspondence listed in Schedule B is not comprehensive. Written submissions received after the preparation of this staff report will be provided as an addendum. Written submissions from the public will only be accepted / processed until 12:00 p.m. on the date of the scheduled hearing.
Letter of Objection (June 7, 2018) – K. Angus - Kleinburg and Area Ratepayer Association Letter of Objection (June 19, 2018)– N. & R. Dickinson, 133 Donhill Crescent Letter of Objection (June 20, 2018) – Anonymus Letter of Objection (June 21, 2018)– J. & P. Cutler, 437 Westridge Drive Letter of Objection (July 10, 2018) – K. Angus - Kleinburg and Area Ratepayer Association
Sent Via Email From KARA Kleinburg Area Ratepayer’s Association
Mayor and Members of Council Committee of Adjustment Members Heritage Vaughan Committee 2141 Major Mackenzie Drive Vaughan, Ontario L6A 1P7
RE: Committee of Adjustment – File A-081/18 10483 Islington Avenue, City of Vaughan
Dear Mayor Bevilacqua, Members of Council and Interested Parties:
The Kleinburg Area Ratepayer’s Association (KARA) would like to express our concerns regarding the proposed “Adjustments” to the above noted property.
After reviewing the proposal, we have two specific objections to the application as it undermines important By-Laws and OP requirements for the Village of Kleinburg and the Kleinburg-Nashville Heritage Conservation District. KARA cannot support the proposed “Adjustments” in their current form.
First, the applicant did receive approval from Heritage Vaughan in 2016, with the proviso stipulated below as taken from the Heritage Vaughan Report dated April 20, 2016.
“In accordance with Zoning By-law 1-88, the proposed second floor deck will only be used in association with the second floor residential use and not the ground floor commercial use. Any proposed changes to this will trigger a Zoning By-law Amendment and Site Plan Approval and will be required to return to Heritage Vaughan for review and approval.”
The applicant is proposing a second floor rooftop patio and inside dining area with a capacity of 60 seats and 48 seats respectively. This is in addition to a main floor dining area of 88 seats for a total capacity of 196 patrons.
Second, KARA does not support any proposal with a parking deficiency. In this application parking is 80% deficient and the parking spots are smaller than By- law dimensions. The proposal only provides 15 parking spaces for the eating establishment and roof top patio vs a minimum requirement of 75 parking spaces.
KARA continues to assert that the lack of parking in the Kleinburg core is creating a negative and lasting impact on the safety and viability of the area.
KARA respectfully requests that the applicant be asked to reconsider and amend the current application, adhering to the applicable By-laws and seeking re- approval from Heritage Vaughan given the proposed use of the second floor.
Respectfully, Kleinburg Area Ratepayer’s Association
Providence, Lenore
Subject: A081/18 - 10483 Islington Avenue, Kleinburg
From: Nina.S. & Roger Dickinson [mailto:[email protected]] Sent: Tuesday, June 19, 2018 5:42 PM To: Council
I am advised that the Committee of Adjustment will meet at 6:00 pm on Thursday June 21, 2018 to consider whether the 10483 Islington Avenue, Kleinburg should be permitted a minimum of 15 parking spaces for the eating establishment and rooftop patio.
I am also advised that the city by‐law requires a minimum of 75 parking spaces for the proposed restaurant and rooftop patio.
Kleinburg already has a deficit of parking spaces and it is essential that the deficit is not increased.
10483 Islington Avenue should only be permitted the number of parking spaces that can be accommodated within the property while complying with all regulations.
The owners/developers of the property have chosen to proceed to develop the establishment with no regard to their limitations for parking matching the requirements and they must be seen to be responsible for their own foolishness.
One possible way forward to resolve the problem would be for the owners/developers to establish a parking lot outside Kleinburg and arrange valet parking for the customers who don’t find a space on the premises.
I regret that I am unable to attend the meeting due to a prior commitment and request that the above be included in the discussion and that I be copied with the minutes and future considerations.
Yours sincerely,
Roger Dickinson
133 Donhill Crescent Kleinburg ON L0J 1C0
1 RECEIVED JUNE 20/18 ADDENDUM AGENDA ITEM ʹͳͶͳ 9 COMMITTEE OF ADJUSTMENT ǡͳ ǣ ͳͲͶͺ͵ ǡ ǣ ǡ Ǥ ǡ ǣ ͳǤProposedRooftopPatioǣ x x ǣ x Ǥ x ǣ ǡ Ǥ x Ǥ ʹǤ x Parkinglotǣ ǡ ǡ ǡ ǡ x x ǡ ǡ x ǡ Ǥ ͵Ǥ x Garbageǣ ǡ Ǥ x Ƭ ǡ Ǥ ͶǤ Loiteringǣ ǡ ͷǤ DeliveryƬ Ǧ ͳͺ Ǥ Ǥ TheVentilationsystemǣ Ǥ ǣ x ǡ ǡ Ǥ x ǡǯ ǡ Ǥ x ǡ Ȁ x x ǣ x CommercialVentilationSystem ǣ ǣ Ǧ ǡ Ǥ Ǧ Ǥǡ Ǧ ǤǤ x ǣ Ǧ ǡ Littering: Ǧ GarbagecollectionsȋͻǦͷȌ Ǧ ǡ ǡ Ǧ ǦHoursofoperation ͳͲ Ǥȋ Ȍ Ǧ Deliveries ͻǦͷ Ǥ Providence, Lenore
Subject: A081/18 - letter of Objection re 10483 Islington Ave
From: John CUTLER [mailto:[email protected]]
Sent: June‐21‐18 11:21 AM To: Committee of Adjustment
On June 21/18 there is a COA session to consider a minor !!! variance application for property located at 10483 Islington Avenue in Kleinburg. I would be VERY STRONGLY opposed to granting any relief from the existing bylaws. The large deficiency in parking spaces ( 75% ) will worsen an already very serious parking and traffic situation in the town. In addition the owner / developer has been quite obvious in NOT adhering to the bylaws / NOT adhering to the OP & K-N Heritage Conservation District and NOT being upfront with the city on the size and scope of the restaurant. For these reasons I request the COA NOT approve the requested variances.
Sincerely John & Paulette Cutler 437 Westridge Dr / Kleinburg.
1 Providence, Lenore
From: Kathryn Angus
Good Morning Mayor Bevilacqua, Members of Council, Members of Committee of Adjustment and Mr. Schmidt‐ Shoukri:
Attached please find a letter from the Kleinburg & Area Ratepayers’ Association with regards to 10483 Islington Avenue, noting our very serious concerns. With thanks for your attention to this document.
Regards
Kathryn Angus President, Kleinburg & Area Ratepayers’ Association
1
Staff Report A081/18 Page 9 Schedule C: Agency Comments
Please note that the correspondence listed in Schedule C is not comprehensive. Comments received after the preparation of this staff report will be provided as an addendum. Correspondence will only be accepted until 12:00 p.m. on the date of the scheduled hearing.
MTO – Located outside of MTO permit control area Alectra (Formerly PowerStream) – No concerns or objections Region of York – No concerns or objections Development Engineering - Reliance letter/report
Providence, Lenore
Subject: FW: Request for Comments - Minor Variances
From: Nunes, Paul (MTO) [mailto:[email protected]]
Sent: May‐08‐18 1:15 PM To: Vigneault, Christine
Hello Christine,
MTO Highway Corridor Management Section has reviewed the locations of the following Applications for Minor Variance:
A373/17 - 8470 Keele St Vaughan ON A060/18 - 80 Orico Ct Kleinburg A078/18 - 201 Upper Post Rd Maple ON A068/18 - 59 Deerchase Crcl Woodbridge ON A081/18 - 10483 Islington Ave Vaughan A080/18 - 8099 Weston Road, Unit 25, Woodbridge
The properties listed above appear to be located outside of the MTO Permit Control Area, and therefore an MTO Building & Land Use Permit from this office is not required. At this time, this office has no further comments.
Please do not hesitate to contact me if you have any further questions.
Thank you,
Paul Nunes | Corridor Management Officer Ministry of Transportation | Corridor Management Section | York Region 159 Sir William Hearst Avenue, 7th floor Building D, Downsview, ON M3M 0B7 (416) 235-5559 | [email protected]
Confidentiality Warning: This message and any attachments may contain PRIVILEGED and CONFIDENTIAL INFORMATION and is intended only for the use of the recipient(s). If you are not the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, copying, circulation or other use of this message and any attachments is strictly prohibited. If you have received this message in error, please immediately notify the sender by return e-mail, and delete this message and any attachments from your system. Thank you.
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COMMENTS:
Alectra Utilities (formerly 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 Alectra 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 Alectra’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 03-1, 03-4), attached Canadian Standards Association, latest edition (Basic Clearances)
If more information is required, please contact either of the following:
Mr. Stephen Cranley, C.E.T Mr. Tony D’Onofrio Supervisor, Distribution Design, ICI Supervisor, Subdivisions & New Services Phone: 1-877-963-6900 ext. 31297 Phone: 1-877-963-6900 ext. 24419 Fax: 905-532-4401 Fax: 905-532-4401 E-mail: [email protected] Email: [email protected]
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Providence, Lenore
Subject: FW: A081/18 - REQUEST FOR REVISED COMMENTS Attachments: A081-18 - CIRCULATION-REVISED JUNE 6-2018.pdf
From: Hurst, Gabrielle [mailto:[email protected]] Sent: June‐07‐18 9:07 AM To: Attwala, Pravina
Good Morning Pravina, The Regional Municipality of York has completed its review of the Revised Minor Variance application and has no comments.
Gabrielle Hurst, MCIP.RPP. C.Tech Programs and Process Improvement I Planning and Economic Development Branch I Corporate Services The Regional Municipality of York I 17250 Yonge Street I Newmarket, ON L3Y 6Z1 O 1‐877‐464‐9675 ext. 71538 I [email protected] I Our Values: Integrity, Commitment, Accountablity, Respect, Excellence
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CONSULTING ENGINEERS A Division of NextEng Consulting Group Inc.
June 18th, 2018 Mr. Joe Di Giuseppe 10519 Islington Avenue Kleinberg, ON L0J 1C0 Is it proposed or renovation to an existing Re: Engineering Service – Reliance Letter restaurant? 10483 Islington Avenue Proposed Commercial Restaurant Renovation City of Vaughan Our Project No. NT-17-101
NexTrans Consulting (A Division of NextEng Consulting Group Inc.) acknowledges receipt of the City of Vaughan Development/Transportation Engineering Division comments dated May 31st, 2018, with respect to our Parking Justification Study, dated May 22nd, 2018 regarding the minor variance application submitted by Mr. Joe Di Giuseppe (the ‘Owner’). The intention of this reliance letter is to address the City’s transportation comments attached in Appendix A. A figure displaying the location of the existing site is included below in Figure 1. Figure 1: Site Location
The development plan is to renovate an existing vacant house, creating an eating establishment with a GFA of 400.24 m2 or GFA of 288.24 m2 not including outdoor patio and a seating capacity of 197 including outdoor patio. The proposed site plan for the subject site is included below in Figure 2 as well as full scale in Appendix B.
NT-17-101 Page 1 10483 Islington Avenue June 18, 2018 Parking Supply & TDM Study
Figure 2: Proposed Site Plan
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Accessible parking as per AODA Act to be verified by building standard department The transportation-related minor variances and comments are repeated below in italic and our responses have been provided underneath.
1. The estimated parking must reflect the recommendation of Kleinburg Economic Development Strategy Study (KEDS study, adopted by the City Council) that specifically indicates that “on a practical basis moving forward the KEDS study encourage the adoption and application of the recently recommended (IBI Report, March 2010) parking supply rate requirements for development applications within the Kleinburg Village Mainstreet and Core areas in advance of Council approval.” How? Response: Acknowledged, although conservative IBI parking standards have been recognized as appropriate for approval of the subject site and are summarized below in Table 1.
Table 1: IBI 2010 Proposed Parking Requirements To be verified by Unit of PlanningParking Land Usage Parking Rates Measurement RequirementDepartment Eating Establishment 288.24 m2 GFA 8.0 spaces per 100 m² GFA 23 Within a Local Centre Total Required 23 Total Provided 15 Difference -8
In accordance with the City of Vaughan’s recommended parking provisions outlined in the IBI March 2010 Study, this site requires 23 parking spaces resulting in a technical deficiency of 8 vehicle parking spaces.
NT-17-101 Page 2 10483 Islington Avenue June 18, 2018 Parking Supply & TDM Study
2. Staff acknowledges that KEDS study sought to permit the use of publicly available on- street parking for the commercial development. However, we know through our observations/site statistics that there is a parking shortage on City Streets in the vicinity of the subject site. Therefore, street parking could not be considered in parking estimation/calculation. Table 4-3 of the report has also recorded a very high parking demand on City Streets during peak hours
Response: Acknowledged, street parking usage is high in the vicinity of the subject site. However, please note the public parking lot located at 10418 Islington Avenue which when opened later this summer of 2018 will increase public parking supply in the vicinity of the subject site by approximately 42%.
3. The proposed development should accommodate its parking demand on-site with limited reliance on public parking, whereas subject development is proposing its majority of parking supply off-site i.e. on City Streets (80% street parking considering by-law 1-88 and 50% street parking considering IBI Study. Please note, Cash-in-Lieu Policy would apply to the proposed development as it is located within Kleinburg Community.
Response: Acknowledged, the owner is agreeable to pay cash-in-lieu of parking for the fifteen (15) parking space deficiency as approval to satisfy City requirements. The cost of these cash-in-lieu parking spaces is detailed within page 112 of the IBI 2010 Report attached in Appendix C, and is summarized below: Table 2: IBI 2010 Cash-in-Lieu Approximate Cost Spaces Cash-in-Lieu Land Usage Cash-in-Lieu Rates Deficient Requirement Eating Establishment 8 spaces $3174 per parking space $25,392 Within a Local Centre
Suggestions/Report Revision Comments:
4. Parking estimation/calculation should not be based on a single site survey i.e. at 10512 Islington Avenue. The estimated parking ratio of 2.4 spaces per 100 m2 or 1 spaces per 13.5 seats is not acceptable, as it does not represent the parking demand of a typical restaurant/eating establishment. The estimated parking ratio must be supported by a comprehensive parking study of the Local Centres, as proposed development would be in Local Centres. Please note, IBI Parking Study recommends a parking ratio of 8 spaces/100 m2 for the eating establishment located in Local Centres/Kleinburg Nashville.
Response: Acknowledged, see above response to comment one (1).
5. Maximize on-site parking through the use of Valet Parking services if possible.
Response: Acknowledged. Valet parking will be provided, and staff will be encouraged to park away from the subject site or utilize alternative means of transportation.
6. Optimize the shared parking characteristics through shared agreement if possible
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Response: Acknowledged. Shared agreements have been considered on an unofficial basis, however due to the rapid rate of redevelopment within the Kleinburg Local Centre property owners are reluctant to register agreements on title.
We trust the enclosed sufficiently addresses your needs. Should you have any questions, please do not hesitate to contact the undersigned.
Yours truly, Nextrans Consulting Engineers A Division of NextEng Consulting Group Inc.
Richard Pernicky, CET, MITE Principal
NT-17-101 Page 4 10483 Islington Avenue June 18, 2018
Appendix A: City of Vaughan Transportation Comments
Appendix B: Proposed Site Plan
Appendix C: IBI Report Cash-in-Lieu Section
IBI GROUP FINAL REPORT CITY OF VAUGHAN REVIEW OF PARKING STANDARDS CONTAINED WITHIN THE CITY OF VAUGHAN'S COMPREHENSIVE ZONING BY-LAW: FINAL REPORT
frozen until parking deficiencies occur. Without restrictions, funds raised from multiple areas can be used in areas of most need, such as those with parking deficiencies62.
Well utilized parking supply: If there is sufficient or an oversupply of parking in an area, requiring a payment for additional parking may not be justified since it is likely unnecessary to invest in increasing parking supply.
Avoidance of Contradictory Parking Policies: There is a tension between reducing parking requirements and developing a successful cash in lieu program. Partial or full parking exemptions will reduce potential for collecting in lieu funds, while overly high parking requirements may be viewed as a cash grab by the City.
Cost per Stall: The cash in lieu per stall should be set based on the cost of land and the cost per stall of the type of parking facility to be developed as well as the portion of operating and capital costs that each municipality wants to recover. The typical discounted rate for a cash in lieu payment is discounted at 50% of the actual cost of providing parking to encourage developers to participate, and recognize that the contributor does not obtain ownership in the parking facility and that there will be a delay between contribution and parking provision.63.
A key challenge to cash in lieu programs is that there may be a long delay between when a developer provides funds in lieu and the time that a municipality or parking authority raises sufficient funds to construct a parking facility. Cash in lieu does not typically generate sufficient funds on its own to construct parking, as discussed below in the examples from other jurisdictions.
Existing Kleinburg Cash in Lieu By-Law In 2006, the City of Vaughan implemented a Cash in Lieu of Parking policy64 for the community of Kleinburg-Nashville. The by-law applies to properties designated as “Mainstreet Commercial”, in accordance with the Official Plan Amendment 60165, and areas permitted for commercial uses. Key elements of the by-law include:
Application requires the property owner’s justification of their inability to provide and/or maintain the parking spaces required;
Collected revenue will go to the Kleinburg Parking Reserve Fund and will be dedicated to managing existing public parking resources and/or establishing new parking facilities (in Kleinburg); and
The cash in lieu required per space is $31,746 for new construction or building additions, although this amount is reduced to $3,174 if an owner proposes to reuse an existing building. The intent of this is to encourage adaptive reuse of buildings, which may have heritage value.
Clearly, the by-law strongly favours adaptive reuse of buildings. The Kleinburg cash in lieu by-law has been applied on several occasions and there may be an opportunity to use some of these funds to develop public parking.
Examples in Other Jurisdictions Cash in lieu exists in Toronto and is also prevalent in other cities in Ontario and across Canada, though the extent to which it has successfully generated revenues for parking is limited.
62 Stantec. 63 BA Group. (October 2005). Parking Strategy for Markham Centre – Final Report: Appendix A 64 City of Vaughan By-law 159-2006 65 Kleinburg – Nashville Community Plan
March 2010 Page 112 Staff Report A081/18 Page 10
Schedule D: Previous Approvals (Notice of Decision)
Minor Variance Application A098/15
COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario. L6A 1T1 ~~,.VAUGHAN Tel [905] 832-2281 Fax [905] 832-8535 NOTICE OF DECISION MINOR VARIANCES FILE NUMBER: A098/15
APPLICANT: KLIENBURG NORTH HOLDINGS LTD.
PROPERTY: Part of Lot 24, Concession 8 (Lot 5, Registered Plan No. 11) municipally known as 10483 Islington Avenue, Kleinburg
ZONING: The subject lands are zoned C11 Mainstreet Commercial, under By-law 1-88 as amended.
PURPOSE: To permit the construction of an one-story addition to existing one and two storey comerical building.
PROPOSAL: 1. To permit a minimum front yard setback of 0.0 metres to the porch and steps. 2. To permit a minimum front yard setback of 1.135 metres to the structure. 3. To permit a minimum northerly interior side yard setback of 0.56 metres to the structure. 4. To permit a minimum aisle width of 3.245 metres. 5. To permit a minimum parking space size of 2.7 metres X 5.7 metres. 6. To permit a minimum handicap parking space size of 3.9 metres X 5.7 metres. 7. To permit a driveway width at the property line to be a minimum of 4.645 metres. 8. To permit a minimum landscape strip of 0.425 metres where the northerly boundary abuts a use other than residential and open space. 9. To permit a minimum landscape strip of 0.0 metres along the easterly and southerly lot lines where they abut a residential use. 10. To permit a minimum landscape strip of 0.0 metres along the front lot line where it abuts a street.
BY-LAW 1. A minimum front yard setback of 2.0 metres is required. REQUIREMENT: 2. A minimum front yard setback of 2.0 metres is required. 3. A minimum interior side yard setback of 1.8 metres is required. 4. A minimum aisle width of 6.0 metres is required. 5. A minimum parking space size of 2.7 metres X 6.0 metres is required. 6. A minimum handicap parking space size of 3.9 metres X 6.0 metres is required. 7. 7.5 metre driveway width at the property line is permitted . 8. A minimum landscape strip of 1.8 metres is required where a boundary abuts a use other than residential and open space. 9. A minimum landscape strip of 2.4 metres is required where a boundary abuts a residential use. 10. A minimum landscape strip of 2.0 metres is required where a boundary abuts a street.
Sketches are attached illustrating the request.
MOVED BY:
SECONDED BY:
THAT the Committee is of the opinion that th variances sought, can be considered minor and are desirable for the appropriate development and e of the land. The general intent and purpose of the By law and the Official Plan will be maintained.
THAT Application No. A098/15, KLIENBURG NORTH HOLDINGS LTD., be APPROVED, in accordance with the sketches attached and subject to the following conditions:
1. That related Site Development File DA.14.065 be approved by the Vaughan Planning Department, if required, to the satisfaction of the Development Planning Department
2. That if the condition(s) listed above is/are not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. (PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.)
Page 1 of 2 COMMITTEE OF ADJUSTMENT VARIANCE A098/15
VERY IMPORTANT: IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT AND/OR AGENT TO OBTAIN A ND PROVIDE A CLEARANCE LETTER FROM EACH AGENCY AND/OR DEPARTMENT LISTED IN THE CONDITIONS WHETHER "IF REQUIRED" APPEARS IN THE CONDITION OR NOT, AND FORWARD THIS CLEARANCE LETTER TO THE SECRETARY-TREASURER AS SOON AS THE CONDITIONS A RE FULFILLED.
FAILURE TO COMPLY WITH THIS PROCEDURE WILL RESULT IN A LETTER BEING FORWA RDED BY THE SECRETARY-TREASURER INDICATING THIS FILE HAS LAPSED AND, THEREFORE, WILL NECESSITATE THAT A NEW APPLICATION BE SUBMITTED TO LEGALIZE THIS PROPERTY.
THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION.
CARRIED.
CHAIR: ~..::~:....L&:..~.d..::::lo.===-==------Signed by all members present who concur in this decision: ~ A. Perrella, R~ Chair Member
:!':.f::t Au .J; Member
CERTIFICATION I hereby certify this to be a true copy of the decision of the Committee of Adjustment, and this decision was concurred in by a majority of the members who heard this application.
Todd Coles, BES, MCIP, RPP Manager of Development Services and Secretary-Treasurer to Committee of Adjustment
Date of Hearing: APRIL 16, 2015
Last Date of Appeal: MAY 6, 2015
APPEALS
APPEALS MUST BE RECEIVED B Y THIS OFFICE NO LATER THAN 4:30 P.M. ON THE LAST DATE OF APPEAL NOTED A BOVE.
Should you decide to appeal this decision to the Ontario Municipal Board, a copy of an appeal form is available for download in Microsoft Word and Adobe Acrobat versions from the Ontario Municipal Board website at www.omb.gov.on.ca. If you do not have Internet access, these forms can be picked up at the City of Vaughan, Committee of Adjustment offices.
Please fill out Form A 1 and follow the instructions as provided by the Ontario Municipal Board and submit your appeal to the City of Vaughan, Committee of Adjustment on or before the date stated above. You must enclose the completed form with the $690.00 processing fee, paid by certified cheque or money order, to the "TREASURER, CITY OF VAUGHAN" and the appeal fee of $125.00 for each application appealed , paid by certified cheque or money order, made payable to the "ONTARIO MINISTER OF FINANCE".
NOTE: The Planning Act provides for appeals to be filed by "persons". As groups or associations, such as residents or ratepayers groups which do not have incorporated status, may not be considered "persons" for the purposes of the Act, groups wishing to appeal this decision should do so in the name of individual group members, and not in the name of the group.
CONDITIONS IF ANY CONDITIONS ARE IMPOSED ON THIS APPLICATION, THE FINAL DATE FOR FULFILLING THEM IS: MAY 6, 2016
Form 12 ~ YVAUGHAN Page 2 of 2 I A098/15 I
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5. To permit a minimum parking space size of 2.7 metres X 5.7 metres 6. To permit a minimum handicap parking s pace size of 3.9 metres X 5.7 metres.
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~ - ~ 2 STOREY 2 STOREY BRICK FRAME & METioL BUILDING BUILDING No. 10489 i No. 10461 FRAME i;i! BUILDING 7. To permit a drive w ay width at the property line to be a ~ minimum of 4.645 m etres 3. To pe rmit a minimum northerly P"" II PORCH interior side yard setback of ..., 0.56 metres to the structure. ~------~~------'3/\'<:/ N Cil.~Nl lSI ...t _
1. To permit a minimum front yard setback ot 2. To permit a minimum front yard setback of 0.0 metres to the porch and steps. 1.135 metres to the structure. 10. To permit a minimum landscape strip of 0.0 metres along the front lot line where it abuts a street. COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, ON L6A 1Tl Phone: (905)832-8585 Fax: (905)832-8535
FILE NUMBER: A098/15
APPLICANT: KLEIN BURG NORTH HOLDINGS L TO. Subject Area Municipally known as 10483 Islington Avenue, Kleinburg