Applicant: SOBEYS CAPITAL INCORPORATED Huntington Road, Woodbridge

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1 File: A111/14 Item # 11 Ward #2 Applicant: SOBEYS CAPITAL INCORPORATED Address: Agent: 8265 Huntington Road, Woodbridge OZ KEMAL MacNaughton Hermsen Britton Clarkson Planning Limited Adjournment Status: Notes: Comments/Conditions: Commenting Department Comment Condition of Approval Building Standards Development Planning Engineering 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: A111/14 APPLICANT: PROPERTY: ZONING: PURPOSE: PROPOSAL: BY-LAW REQUIREMENT: BACKGROUND INFORMATION: SOBEYS CAPITAL INCORPORATED Part of Lot 9, Concession 9, (Parts 2, 5, 9-13 (65R-30262) & Parts 12, 13, 19 (65R ) municipally known as 8265 Huntington Road, The subject lands are currently zoned EM1 Prestige Employment Area Zone, EM2 General Employment Area Zone, OS1(H) Open Space Conservation Zone with an (H) Holding Symbol, EM1(H) Prestige Employment Area Zone with an (H) Holding Symbol and OS1 Open Space C To permit the construction of a refrigerated distribution warehouse as part of an expansion to the existing distribtuion centre, as follows: 1. To permit minimum 413 parking spaces. 2. To permit a maximum width of 21.5m for a driveway and/or aisle which serve the movement of trucks to and from a loading space. 1. Minimum 738 parking spaces (1.0 parking space/100 m2 GFA - based on GFA of 73,755 m2 ) 2. A driveway and/or aisle which serve the movement of trucks to and from a loading space shall have a maximum width of 13.5m. Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: A141/07 - Approved May 17, parking spaces; loading between a building and street; driveway entrance & aisle width 21.2m. B046/08 - Approved October 30, creation of a lot. Site Plan Approval Application DA in process. 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, MAY 29, 2014 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 14 TH DAY OF MAY, 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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4 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 Phone: (905) Fax: (905) FILE NUMBER: A111/14 APPLICANT: SOBEYS CAPITAL INCORPORATED Subject Area Municipally known as 8265 Huntington Road, Woodbridge

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43 2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) To: Committee of Adjustment From: Moira Coughlan, Building Standards Department Date: April 30, 2014 Name of Owner: Sobeys Capital Incorporated Location: 8265 Huntington Road PLAN 65R29226 Part PLAN 65R29226 Part 19&25 CONC 9 Part of Lot 9 PLAN 65R29226 Part 4 File No.(s): A111/14 RECEIVED April 30, 2014 VAUGHAN COMMITTEE OF ADJUSTMENT Zoning Classification: The subject lands are currently zoned EM1 Prestige Employment Area Zone, EM2 General Employment Area Zone, OS1(H) Open Space Conservation Zone with an (H) Holding Symbol, EM1(H) Prestige Employment Area Zone with an (H) Holding Symbol and OS1 Open Space Conservation Zone, subject to Exception 9(1254) under By-law 1-88 as amended. Proposal: 1. To permit minimum 413 parking spaces. 2. To permit a maximum width of 21.5m for a driveway and/or aisle which serve the movement of trucks to and from a loading space. By-Law Requirements: 1. Minimum 738 parking spaces (1.0 parking space/100 m 2 GFA - based on GFA of 73,755 m 2 ) 2. A driveway and/or aisle which serve the movement of trucks to and from a loading space shall have a maximum width of 13.5m. 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 10m 2. Other Comments: 1. ***Lands zoned EM1(H) Prestige Employment Area Zone with the Holding Symbol (H) shall be used only for the production of field crops or a use legally existing as of the date of the enactment of by-law , until the Holding Symbol (H) is removed; therefore the proposed use is not permitted. *** 2. The lands that the proposed addition is located on were previously severed from the lands that the existing building is located on (B046/08). Applicant must provide documentation indicating that all land parcels have been consolidated. 3. The applicant shall be advised that additional variances may be required upon review of detailed drawings for building permit/site plan approval. 4. The subject lands may be subject to Ontario Regulation 166/06 (TRCA Toronto Region Conservation Authority). 5. This is a Historical significant property; Cultural Department review may be required. 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.

44 RECEIVED May 21, 2014 VAUGHAN COMMITTEE OF ADJUSTMENT Page 1 of 1 DATE: May 15, 2014 TO: FROM: Todd Coles, Committee of Adjustment Grant Uyeyama, Interim Director of Planning and Director of Development Planning MEETING DATE: May 29, 2014 OWNER: Sobeys Capital Incorporated FILE(S): A111/14 Location: Proposal: 8265 Huntington Road Ward 2, Vicinity of Highway 427 and Langstaff Road The Owner is requesting permission to construct a parking lot with the following variances. Variance Proposed Required 1 Minimum number of parking spaces 413 spaces 738 spaces 2 Maximum driveway and aisle width 21.5 m 13.5 m Official Plan: Comments: The subject lands are designated General Employment by the new City of Vaughan Official Plan 2010 (VOP 2010), which was approved, in part, by the Ontario Municipal Board on February 3, The proposal conforms to the policies of the Official Plan. Committee of Adjustment File A141/07 was approved, final and binding for the first phase of development on the western portion of 8265 Huntington Road, permitting reduced parking requirements and a maximum driveway width of 21.2 metres for the existing Sobey s building. File A111/14 seeks similar variances for the development of the remainder of the lands. The related site development file DA is scheduled to proceed to the June 17, 2014 Committee of the Whole for approval. The Applicant has submitted a parking study to support the proposed reduction in parking and the increased maximum driveway and isle width respectively. The Development/Transportation Engineering Department has reviewed the parking study and has no objections to the proposal. The Vaughan Planning Department supports the application. 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. Recommendation: Condition(s): The Planning Department recommends approval of Minor Variance Application A111/14. None. Report Prepared By: Brandon Correia, Planner 1 Carmela Marrelli, Senior Planner Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

45 RECEIVED May 21, 2014 VAUGHAN COMMITTEE OF ADJUSTMENT DATE: May 21, 2014 TO: FROM: Todd Coles, Committee of Adjustment Nadia Porukova, Development/Transportation Engineering MEETING DATE: May 29, 2014 OWNER: SOBEYS CAPITAL INCORPORATED FILE(S): Minor Variance Application A111/14 (Related file DA14-002) Location: Proposal: By-Law Requirements: Part of Lot 9, Concession 9, (Parts 2, 5, 9-13 (65R-30262) & Parts 12, 13, 19 (65R-29226) municipally known as 8265 Huntington Road, Woodbridge 1. To permit minimum 413 parking spaces. 2. To permit a maximum width of 21.5m for a driveway and/or aisle which serve the movement of trucks to and from a loading space. 1. Minimum 738 parking spaces (1.0 parking space/100 m2 GFA - based on GFA of 73,755 m2). 2. A driveway and/or aisle which serve the movement of trucks to and from a loading space shall have a maximum width of 13.5m. Comments: The Owner has provided a Parking Study dated, April 24, 2014 prepared by GHD. The study concludes that the proposed parking supply of 413 spaces would be sufficient for development s specific requirements. This conclusion is substantiated by parking utilization study/survey conducted by the traffic consultant on the existing facility. The estimated parking is also found appropriate based on the preliminary findings of City of Vaughan s Draft Parking Standards completed by IBI Group. Since City of Vaughan New Official Plan (VOP2010) would promote a non-auto modal splits to encourage more sustainable travel; therefore, the Development/Transportation Engineering Department has no objection with the reduction of parking supply. The report prepared by GHD indicates that the internal roadways have been designed to facilitate the WB-20 trucks. Accordingly, the driveway/aisle width of 21.5 m is found appropriate and the Development Transportation /Engineering Department has no objection to this application. Condition(s): None

46 Attwala, Pravina Subject: FW: Sobeys DA From: Mikolajczak, Margaret (MTO) Sent: Wednesday, April 09, :41 PM To: Fera, Eugene Cc: Firmani, Adrian (MTO); Singh, Christian (MTO) Subject: RE: Sobeys DA Thank you very much Eugene, it looks like the property that needs the H designation to be lifted, is just the small triangle as marked by you in the attached drawing. We have no objections to the H designation being lifted for this triangle. Hope this is satisfactory. Regards Margaret Mikolajczak, CET Senior Project Manager Corridor Management Section 7th Floor, Building "D" 1201 Wilson Avenue Ministry of Transportation Engineering Office, Central Region Downsview, Ontario M3M 1J8 Phone: Fax:

47 PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 1 OF 1 REGISTRY PREPARED FOR bmcintyr OFFICE # (LT) ON 2014/04/15 AT 09:58:45 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * PROPERTY DESCRIPTION: PT LOT 9, CON 9(VGN), PTS 1 & 8, PL 65R30262; PTS 2, 5, 9, 10, 11, 12 & 13, PL 65R30262 & PTS 12, 13 & 19, PL 65R29226; SUBJECT TO AN EASEMENT IN GROSS OVER PT 19, PL 65R29226, AS IN YR987892; CITY OF VAUGHAN REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO YR /06/30 TRANSFER $28,883,195 TERRA SPERANZA DEVELOPMENTS LTD. SOBEYS CAPITAL INCORPORATED C REMARKS: PLANNING ACT STATEMENTS 65R /07/12 PLAN REFERENCE C YR /05/18 TRANSFER EASEMENT $2 SOBEYS CAPITAL INCORPORATED THE CORPORATION OF THE CITY OF VAUGHAN C 65R /08/30 PLAN REFERENCE C YR /09/28 NOTICE THE CORPORATION OF THE CITY OF VAUGHAN SOBEY S CAPITAL INCORPORATED C REMARKS: DEVELOPMENT AGREEMENT YR /10/27 TRANSFER $2 SOBEYS CAPITAL INCORPORATED SOBEYS CAPITAL INCORPORATED C 65R /02/18 PLAN REFERENCE C YR /04/02 APL CONSOLIDATE SOBEYS CAPITAL INCORPORATED C NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. C CERT/ CHKD PROPERTY REMARKS: FOR THE PURPOSE OF THE QUALIFIER THE DATE OF REGISTRATION OF ABSOLUTE TITLE IS 2006/06/19. ESTATE/QUALIFIER: RECENTLY: PIN CREATION DATE: FEE SIMPLE CONSOLIDATION FROM /04/09 LT ABSOLUTE PLUS OWNERS NAMES CAPACITY SHARE SOBEYS CAPITAL INCORPORATED ** PRINTOUT INCLUDES ALL DOCUMENT TYPES (DELETED INSTRUMENTS NOT INCLUDED) ** **SUBJECT TO SUBSECTION 44(1) OF THE LAND TITLES ACT, EXCEPT PARAGRAPHS 3 AND 14 AND * ** PROVINCIAL SUCCESSION DUTIES AND EXCEPT PARAGRAPH 11 AND ESCHEATS OR FORFEITURE ** ** TO THE CROWN UP TO THE DATE OF REGISTRATION WITH AN ABSOLUTE TITLE. ** YR /07/05 APL (GENERAL) HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO REMARKS: SEE DOCUMENT FOR LAND RE: ORDER IN COUNCIL YR

48 Date: May 6, 2014 Attention: Pravina Attwala RE: Request for Comments File No. A111/14 Related Files: Applicant: Location: Sobey s Capital Incorporated 8265 Huntington Road, Woodbridge COMMENTS: (BY ONLY) X 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). PowerStream has received and reviewed the proposed Variance Application. This review, however, does not imply any approval of the project or plan. All proposed billboards, signs, and other structures associated with the project or plan must maintain minimum clearances to the existing overhead or underground electrical distribution system as specified by the applicable standards, codes and acts referenced. In the event that construction commences, and the clearance between any component of the work/structure and the adjacent existing overhead and underground electrical distribution system violates the Occupational Health and Safety Act, the customer will be responsible for 100% of the costs associated with PowerStream making the work area safe. All construction work will be required to stop until the safe limits of approach can be established. In the event construction is completed, and the clearance between the constructed structure and the adjacent existing overhead and underground electrical distribution system violates the any of applicable standards, acts or codes referenced, the customer will be responsible for 100% of PowerStream s cost for any relocation work. References: Ontario Electrical Safety Code, latest edition (Clearance of Conductors from Buildings) Ontario Health and Safety Act, latest edition (Construction Protection) Ontario Building Code, latest edition (Clearance to Buildings) PowerStream (Construction Standard 03-4), attached Canadian Standards Association, latest edition (Basic Clearances) If more information is required, please contact either of the following: Mr. Barry N. Stephens Mr. Stephen Cranley Commercial & Industrial Services Supervisor Supervisor, Subdivisions & New Services Phone: ext ext Fax: barry.stephens@powerstream.ca steve.cranley@powerstream.ca

49 Attwala, Pravina Subject: FW: A111/14 - REQUEST FOR COMMENTS RECEIVED From: Singh, Christian (MTO) [mailto:christian.singh@ontario.ca] Sent: Monday, May 12, :15 PM To: Attwala, Pravina Subject: RE: A111/14 - REQUEST FOR COMMENTS Good Day Pravina, After review, the following application A111/14 minor variance for 8625 Huntington Road does fall within the Ministry s permit control. The Ministry s comments that no essential parking to the operation of the business be placed within the 14m setback of Highway 427 extension. The Ministry has no objects to the reduction of parking spaces. Should you have any other questions or concerns please do not hesitate to contact me. Sincerely, Chris Singh May 12, 2014 VAUGHAN COMMITTEE OF ADJUSTMENT Chris Singh Permits Officer Corridor Management Office Ministry of Transportation Central Region 1201 Wilson Ave, Building D, 7th Floor Downsview, Ontario M3M 1J8 Tel: Fax: Web 1

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