Applicant: ONTARIO INC. JOE NUOSCI. MARK MCCONVILLE Humphries Planning Group Inc.

Transcription

1 File: A043/15 Item # 20 Ward #1 Applicant: ONTARIO INC. JOE NUOSCI Address: Agent: 3501 King-Vaughan Road, Woodbridge MARK MCCONVILLE Humphries Planning Group Inc. Adjournment Status: Notes: Comments/Conditions: Commenting Department Comment Condition of Approval Building Standards Development Planning Engineering Building Inspections TRCA PowerStream Ministry of Transportation Other - Legend: - Positive Comment - Negative Comment Prepared By: Pravina Attwala

2 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1 Tel [905] Fax [905] NOTICE OF APPLICATION MINOR VARIANCE FILE NUMBER: A043/15 APPLICANT: PROPERTY: ZONING: PURPOSE: PROPOSAL: BY-LAW REQUIREMENT: BACKGROUND INFORMATION: ONTARIO INC. JOE NUOSCI Part of Lot 35, Concession 5, municipally known as 3501 King-Vaughan Road, Woodbridge. The subject lands are zoned A, Agricultural Zone and subject to the provisions of Exception 9(1383) under By-law 1-88 as amended. To permit the continued construction of an enclosure of an existing concrete mixing plant, as follows: 1. To permit a maximum building height of 26.3 metres for the silo enclosure. 1. A maximum building height of 11.0 metres is permitted. Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Consent Application B11/99 - Approved January 28, right-of-way in favour of the lands to the south for access purposes. 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 12, 2015 TIME: LOCATION: 6:00 PM COMMITTEE ROOM 242/243 (2 nd 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) /Fax: (905) 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) x DATED THIS 28 TH DAY OF JANUARY, 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 Form 9

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5 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 Phone: (905) Fax: (905) FILE NUMBER: A043/15 APPLICANT: ONTARIO INC. JOE NUOSCI Subject Area Municipally known as 3501 King-Vaughan Road, Woodbridge

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19 EXTRACTS FROM THE JANUARY 28, 1999 COMMITTEE OF ADJUSTMENT MINUTES 60. FILE NOS. B11/99 & A45/99 to FRANK OMURA, SHEI OMURA, THOMAS OMURA, GEORGE OMURA 61. LOCATION Part of Lot 35, Concession 5. PROPOSAL B11/99 - The purpose of this application is to request the consent of the Committee of Adjustment to grant a right-of-way over a parcel of land marked "A" on the attached in favour of the lands to the south for access purposes and retain the lands marked B on the attached sketch for agricultural purposes. The subject land is presently vacant. By-law 1-88 zones the subject lands A" Agricultural. A45/99 - By-law 1-88 zones this parcel A" Agricultural Zone. The applicant is requesting a variance to facilitate the consent of application B11/99 to grant a right-of-way in favour of the lands to the south, notwithstanding, an entrance and exit will be provided from the lands to the north rather than the by-law requires all entrances and exits be located on the lot. THAT Application Nos. B11/99, OMURA, BRANDOLINI, ETTORRE, be APPROVED, subject to the following conditions: 1. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the right-of-way in question is in favour of lands to the south. 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 3. That Minor Variance application A45/99, be approved; 4. That the proposed right of way/road must be relocated to the opposite Highway #400 ramp terminal, such a way that road lanes will line up with lanes of the ramp, if required, to the satisfaction of the Ministry of Transportation; 5. That the road is within Highway #400 designated area, therefore, it must be constructed and signed to MTO standards, if required, to the satisfaction of the Ministry of Transportation; 6. That with any future rezoning of the subject lands, MTO will require a traffic report, if required, to the satisfaction of the Ministry of Transportation; 7. That Ministry permits are required due to the work within our R.O.W. (Relocation of the exist road), if required, to the satisfaction of the Ministry of Transportation; 8. That this Consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planing Act shall apply to any subsequent conveyance in respect to the subject lands. 9. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan. 10. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary- Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases. 11. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions. 12. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused. THAT Application No. A45/99, OMURA, BRANDOLINI, ETTORRE, be APPROVED, subject to the following conditions: 1. That Consent application B11/99 be approved; 2. That if the condition listed above are not fulfilled 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. Page 1 of 1

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28 RECEIVED January 19, 2015 VAUGHAN COMMITTEE OF ADJUSTMENT To: Committee of Adjustment From: Francesco Morea, Building Standards Department Date: January 16, 2015 Name of Owner: Ontario Inc. Location: 3501 King Vaughan Road Part of Lot 34, Concession Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) File No.(s): A043/15 Zoning Classification: Proposal: The subject lands are zoned A, Agricultural Zone and A, Agricultural Zone subject to the provisions of Exception 9(1383) under By-law 1-88 as amended. 1. To permit a maximum building height of 26.3 metres for the silo enclosure. By-Law Requirements: 1. A maximum building height of 11.0 metres is permitted. Staff Comments: Stop Work Orders and Orders to Comply: Order-to-Comply # is currently active. Building Permits Issued: A building permit has not been issued. The Ontario Building Code requires a building permit for structures that exceed 10m 2. Other Comments: 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). The subject lands appear to be located within the Greenbelt. The subject property does not front onto a public street and therefore is currently land locked. The applicant shall provide documentation indicating that legal access has been established through the property to the north. Conditions of Approval: If the committee finds merit in the application, the following conditions of approval are recommended. None * Comments are based on the review of documentation supplied with this application.

29 DATE: February 4, 2015 RECEIVED February 4, 2015 Page 1 of 3 VAUGHAN COMMITTEE OF ADJUSTMENT TO: FROM: Todd Coles, Committee of Adjustment Grant Uyeyama, Director of Development Planning MEETING DATE: February 12, 2015 OWNER: Ontario Inc. FILE(S): A043/15 Location: 3501 King-Vaughan Road Ward 1, Vicinity of Highway No. 400 and King-Vaughan Road Proposal: The Owner is requesting permission to continue the construction of an enclosure of an existing concrete mixing plant, with the following variances: Variance Proposed Required 1 Maximum Building 26.3m 11.0m Height Official Plan: Cultural Heritage Division Comments: The subject lands are located within the Highway 400 North Employment Lands Secondary Plan in Section 11.4 of Volume 2 of the Vaughan Official Plan 2010 (also known as Official Plan Amendment # 637), approved by the Ontario Municipal Board on November 21, The subject lands are designated Prestige Areas- Office/Business Campus, Greenbelt Natural System Area, and are located within the GTA West Transportation Corridor Protection Area. Notwithstanding the subject land s designations, the Secondary Plan permits temporary use of land, building and structure that is temporary in nature and can be easily terminated when the temporary zoning by-law expires. The proposal maintains the general intent of the Official Plan. Cultural Heritage staff has no objection to the above noted application. 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. The owner and applicant are to be informed that an archaeological assessment may be required in the future if development is proposed on the subject lands. The following are the requirements for an archaeological assessment: 1. The proponent shall at their expense carry out an archaeological assessment of the entire development property, and mitigate through preservation or resource removal and documentation all adverse impacts to any significant archaeological resources found. 2. No demolition, grading or other soil disturbances shall take place on the subject property prior to the approval authority confirming that all archaeological resource concerns have met resource conservation Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

30 Page 2 of 3 requirements. 3. The property will be assessed by a consultant archaeologist, licensed by the Ministry of Tourism, Culture and Sport under the provisions of the Ontario Heritage Act (R.S.O. 1990); and any significant sites found will be properly mitigated (avoided or excavated), prior to the initiation of construction, servicing, landscaping or other land disturbances. 4. The consultant archaeologist will submit 1) 1:10,000 scale mapping that clearly outlines the limits of the property subject to assessment and the locations of any new archaeological site locations; and 2) a copy of the relevant assessment report(s) all to the Cultural Services Department, in accordance with the Ministry of Tourism, Culture and Sport Standards and Guidelines for Consultant Archaeologists, The applicant is also to be made aware that as of January 2011, consultation with First Nations communities is mandatory for archaeological assessments that meet certain criteria, including but not limited to all Stage 3 to Stage 4 assessments. More information regarding consultation with First Nations communities can be found in the living document Engaging Aboriginal Communities in Archaeology, 2010 available on the Ministry of Tourism, Culture and Sport website. 6. Areas deemed to have no remaining archaeological integrity by a licensed consultant archaeologist will be excluded from the zone of archaeological potential. 7. In areas where there is no identified archaeological potential, the following standard clauses apply for lands being disturbed for development/construction, as required by the Ministry of Tourism, Culture and Sport: 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 Planning Department 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. 8. The land owner should be aware that areas deemed to be of high archaeological significance by a licensed archaeologist, including but not limited to First Nations Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

31 Page 3 of 3 village and ossuary sites, shall be excluded from the calculation of developable area of a property, and may be included as a part of open space land dedications. 9. Prior to final approval of any Development Planning or Building Permit application, the owner shall agree that no development or grading shall occur on any site identified as being archaeologically significant as a result of the archaeological evaluation carried out on the property, until such time as protective and measures of all significant archaeological sites have been fulfilled to the satisfaction of the Ministry of Tourism, Culture and Sport (Archaeology Unit) and the municipality. Development Planning Division Comments: The Planning Department has no objection to proposed variance. The existing concrete mixing plant and accessory office, truck repair and outdoor storage of materials, equipment and machinery use, was approved by the Ontario Municipal Board (OMB) on February 28, 2013, for a temporary maximum period of 3 years. Following the OMB decision, Vaughan Council enacted the implementing By-law on April 23, 2013, which is in effect for a maximum temporary period of three years from the date of enactment; or, upon the date of approval by Vaughan Council of a Block Plan for the OPA #637 Amendment area as applicable to the subject land, whichever occurs first. The Owner has submitted a concurrent Site Development File DA for the enclosure, and has indicated that the enclosure can be disassembled and is temporary in nature. The enclosure which will comprise of steel panels will provide lighting inside the structure to conduct repairs necessary to the mixing plant. The 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. Condition(s): Recommendation: That related Site Development File DA be approved. The Planning Department supports Minor Variance Application A043/15 subject to conditions. Report Prepared By: Kristina Tang, Planner 1 Carmela Marrelli, Senior Planner Daniel Rende, Cultural Heritage Co-ordinator Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

32 DATE: February 2, 2015 TO: FROM: Todd Coles, Committee of Adjustment Steve Lysecki Development Engineering & Infrastructure Planning Services MEETING DATE: February 12, 2015 OWNER: ONTARIO INC. JOE NUOSCI FILE(S): A043/15 Location: Proposal: Part of Lot 35, Concession 5, municipally known as 3501 King- Vaughan Road, Woodbridge. 1. To permit a maximum building height of 26.3 metres for the silo enclosure. By-Law Requirement: 1. A maximum building height of 11.0 metres is permitted. Comments: The Development Engineering and Infrastructure Planning Services Department has no comment or objection to Minor Variance Application A043/15. Conditions: None.

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34 Date: January 23, 2015 Attention: Pravina Attwala RE: Request for Comments File No. A043/15 Related Files: Applicant: Location: Ontario Inc. Joe Nuosci 3501 King-Vaughan Road, Woodbridge COMMENTS: (BY ONLY) We have reviewed the proposed Variance Application and have no comments or objections to its approval. X 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). 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: ext Phone: ext Fax: Fax: barry.stephens@powerstream.ca steve.cranley@powerstream.ca