Staff Report Summary Item #23

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1 File: A329/17 Staff Report Summary Item #23 Ward #5 Applicant: Address: Agent: Ontario Ltd. (Gerry Battaglia) 81 Aviva Park Dr. Woodbridge Sam Nestico - Nestico Architect Inc. 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 Committee of Adjustment Building Standards Development Planning Development Engineering Parks Department By-law & Compliance Financial Planning & Development Fire Department TRCA Region of York Alectra (Formerly PowerStream) Public Correspondence (see Schedule B) Adjournment History: None Background History: None. Positive Comment Negative Comment Condition(s) Staff Report Prepared By: Lenore Providence

2 Agenda Report A329/17 Page 2 Minor Variance Application A329/17 Agenda Item: 23 Ward: 5 Staff Report Prepared By: Lenore Providence Assistant Secretary Treasurer Date of Hearing: Thursday, December 7, 2017 Applicant: Agent: Property: Zoning: OP Designation: Related Files: Purpose: Ontario Ltd. (Gerry Battaglia) Sam Nestico - Nestico Architect Inc 81 Aviva Park Dr. Woodbridge The subject lands are zoned PBM7 and subject to the provisions of Exception 9(653) and 9(653A) under By-law 1-88 as amended. VOP 2010: General Employment None. Relief from the by-law is being requested to permit the construction of a proposed two storey addition to the existing one storey warehouse facility. The following variances are being requested from By-Law 1-88, as amended, to accommodate the above proposal: By-law Requirement Proposal 1- A maximum 40% lot coverage is permitted. 1- To permit a building with maximum 47.3% lot coverage. 2- The total parking spaces of 187 is required. 2- To permit the total parking spaces of 154. Background (previous applications approved by the Committee on the subject land): None. For information on the previous approvals listed above please visit 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: None. 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 November 22, 2017 Applicant confirmed posting of signage on November 21, 2017 Property Information Existing Structures Building 1996 Year Constructed Applicant has advised that they cannot comply with By-law for the following reason(s): The parking requirements cannot be accommodated above ground or within the structure. Building Standards (Zoning Review): Stop Work Order(s) and Order(s) to Comply: None. Building Permit No for Retail Store Unit - Interior Unit Alteration, Issue Date: Nov 23, Building Permit No for Single Use (Industrial) - Interior Unit Alteration, Issue Date: Jul 31, 2017.

3 Staff Report A329/17 Page 3 Other Comments: The applicant shall be advised that additional variances may be required upon review of detailed drawing for building permit/site plan approval. The subject lands may be subject to Ontario Regulation 166/06 (TRCA - Toronto and Region Conservation Authority. The subject lands may be subject to the Oak Ridges Moraine Conservation Act, RSO Please note as of January 1, 2015 Accessible Parking Spaces are subject to the provisions of Ontario Regulation - O.Reg.413/12, Subsections through 80.39, which supersede the current by-law requirements in By-law 1-88 as amended. Development Planning: The Owner is requesting to permit the construction of an addition to an existing industrial building with the above-noted variances. Development Engineering has reviewed a parking report, dated November 23, 2017, provided in support of the application and has no objections. Accordingly, Development Planning has no objections to the proposed parking supply and additional lot coverage. The Development Planning Department has reviewed the proposal, and is of the opinion that it is minor in nature, maintains the general intent and purpose of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land. The Development Planning Department recommends approval of the application. Development Engineering & Infrastructure Planning (DEIP: The Development Engineering Department (DE does not object to variance application A324/17. A parking study was prepared and submitted on November 23, Transportation Engineering has reviewed the submitted parking study and concluded the study was acceptable and that they have no further comments. Parks Development: No Response. By-Law and Compliance, Licensing and Permit Services: No concerns or objections. 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 Bylaws 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 Location Map Sketches Schedule B Public Correspondence - Letter from Applicant (included as part of Traffic Study) Schedule C - Agency Comments Alectra (Formerly PowerStream) No concerns or objections Region of York No concerns or objections Schedule D - Previous Approvals (Notice of Decision) None.

4 Staff Report A329/17 Page 4 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. 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; 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 ed to: City of Vaughan Committee of Adjustment 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 CofA@vaughan.ca 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 Ontario Municipal Board (OMB) 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 Extension 8394 E CofA@vaughan.ca

5 Staff Report A329/17 Page 5 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 Site Plan & Sketches

6 5552 AVIVA PARK DRIVE LEGEND L/A= LANDSCAPE AREA CW= CONCRETE WALKWAY DC= DROPPED CURB EX. PADMOUNT TRANSFORMER ON CONC. PAD EX. GROUND SIGN EX. L/A ' - 11" NEW ' - 8" ' - 0" R R R 9000 DC NEW CW 77 18' - 3" EX. L/A 92 7 CARS X 2700 = M WIDE FIRE ACCESS ROUTE 8 CARS X 2700 = ' - 11" TWO WAY 3 CARS X 2700 = ' - 7" NEW L/A NEW L/A 67 PROPOSED 2 STOREY ANCILLARY OFFICE USE ADDITION FINISHED FLOOR ELEVATION m FINISHED SECOND FLOOR ELEVATION m GROUND FLOOR AREA= 666m2 SECOND FLOOR AREA= 608m2 TOTAL FLOOR AREA= 1274m2 R ' - 11" ' - 11" CARS X 2700 = 8100 R R ' - 11" 82 NEW ' - 3" ' - 10" 11' - 2" ' - 11" EX. CONC. CITY SIDEWALK NEW CW ' - 0" 6 X 0.6m x 2.0m DC BICYCLE PARKING SPACES NEW CW PRINCIPLE ENTRANCE ' - 7" 78 EX. L/A ' - 2" ' - 9" R R R 9000 R R R ' - 0" DC EX. L/A AVIVA PARK DRIVE EX. 2 STOREY PRECAST & STONE BUILDING 28 CARS X 2700 = TWO WAY ' - 9" ' - 11" ' - 10" WIDTH OF BUILDING ' - 0" EXISTING 1-STOREY WAREHOUSE + ACCESSORY RETAIL WAREHOUSE USE BUILDING FFE = m GFA = m2 EX. FIRE DEPT. CONNECTION ' - 7" EX 1830 WIDE CW EXISTING CW NEW CW ' - 8" 19 CARS X 2700 = EX. 6M WIDE FIRE ACCESS ROUTE ' - 8" 25 CARS X 2700 = ' - 8" ' - 10" 41 AVIVA PARK DRIVE VACANT N 13 16'50"W ' - 10" ' - 8" 120 EXISTING LENGTH OF BUILDING ' - 5" NEW LENGTH OF BUILDING EX 1350 WIDE CW ' - 8" 18 CARS X 2700 = ' - 8" ' - 8" CARS X 2700 = CARS X 2700 = ' - 10" 379' - 8" ' - 7" TWO WAY ' - 7" EX. FIRE HYDRANT TWO WAY WIDTH OF BUILDING ' - 11" ' - 3" ' - 8" 49' - 3" ' - 9" TWO WAY ' - 1" SITE PLAN 1 : ' - 11" ' - 11" N Nestico Architect Inc. PROPOSED ADDITION + INTERIOR ALTERATIONS 81 AVIVA PARK DRIVE WOODBRIDGE ONTARIO Langstaff Road VAUGHAN, ON CA L4K 4R7 ISSUED FOR MINOR VARIANCE APPLICATION SITE PLAN Phone: mail@nesticoarchitect.on.ca Website: DATE SCALE REVISION NO. JOB NO. DRAWING NO : 600 R AD 1.2

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8 HWY AVIVA PARK DRIVE AVIVA PARK DRIVE 41 AVIVA PARK DRIVE WESTON ROAD SUBJECT AREA 81 AVIVA PARK DRIVE HYDRO LANDS 1 KEY PLAN N.T.S Nestico Architect Inc Langstaff Road VAUGHAN, ON CA L4K 4R7 Phone: mail@nesticoarchitect.on.ca Website: PROPOSED ADDITION + INTERIOR ALTERATIONS 81 AVIVA PARK DRIVE WOODBRIDGE ONTARIO ISSUED FOR MINOR VARIANCE APPLICATION KEY PLAN DATE SCALE REVISION NO. JOB NO. DRAWING NO N.T.S R AD 1.0

9 I COMPREHENSIVE ZONING BY-LAW 1-88 BY-LAW ZONING BY-LAW MATRIX COMPLIANCE BY-LAW REFERENCE PROPOSED CHANGE TOTAL REQUIREMENTS EXISTING ZONING: PBM7 PARKWAY BELT INDUSTRIAL ZONE SCHEDULE 'A' 13768m² m² 3000m² LOT AREA SCHEDULE 'A' m² +666m² m² N/A BUILDING AREA GROUND FLOOR C.1 INDUSTRIAL USE GFA (WAREHOUSING) 0.4 TIMES LOT AREA= m m² m² m² (53.7% OF GFA) EXCEPTION-9(653)(bi) C.2 ANCILLARY OFFICE USE GFA 0.4 TIMES LOT AREA = m m² 666m² (9.4% OF GFA) EXCEPTION-9(653A)(bi) C.3 ACCESSORY RETAIL WAREHOUSE USE GFA 30% MAX OF GFA (ITEM F) 1900m² m² m² (28.4% OF GFA) EXCEPTION-9(653A) SECTION 2.0 DEFINITIONS MEZZANINE (8% OF FLOOR AREA BELOW) (ITEM B) 519m²/ m²/ m² (11.3% OF OPEN FLOOR AREA BELOW) +20m² (REFER TO BLD PERMIT # ) 499m² D.1 WAREHOUSE USE (CLOSED TO SPACE BELOW) m² 0 D.2 WAREHOUSE USE (OPEN TO SPACE BELOW) - - SECOND FLOOR- ACCESSORY OFFICE USE (PROPOSED) m² 608m² SECTION 2.0 DEFINITIONS Nestico Architect Inc. A B C D Langstaff Road VAUGHAN, ON CA L4K 4R7 E SECTION 2.0 DEFINITIONS m² (ITEM B + C.2 + E) 1274m² (ITEM C.2 + E) m² (ITEM B) - SCHEDULE 'A' m 35m G.F.A OF THE ENTIRE UNIT DEVOTED TO THE INDUSTRIAL USE LOT FRONTAGE F m NO CHANGE G NO EXCEPTION-9(653)(bi) m²/13768m² (47.3%) 666m² m² 40% OF LOT AREA LOT COVERAGE H SCHEDULE 'A' m 12.44m m 9m FRONT YARD SETBACK SCHEDULE 'A' 6m (EAST) m (WEST) NO CHANGE 6m (EAST) m (WEST) 6m INTERIOR SIDE YARD SETBACK J SCHEDULE 'A' m NO CHANGE m 15m REAR YARD SETBACK K EXCEPTION-9(653A) 9.20m +1.0m 8.20m 11m BUILDING HEIGHT L OFFICE USE= 2 STOREYS EXCEPTION-9(653)(bi) INDUSTRIAL USE= 1 STOREY EXCEPTION-9(653)(bi) ANCILLARY OFFICE USE= 2 STOREYS INDUSTRIAL USE= NO CHANGE ANCILLARY OFFICE USE= N/A INDUSTRIAL USE= 1 STOREY MAX BUILDING HEIGHT ANCILLARY OFFICE USE= 4 STOREYS INDUSTRIAL USE= 1 STOREY M NO REFER TO BLDG PERMIT # CARS 114 CARS PARKING CALCULATIONS N NO CHANGE SECTION 3.8-WAREHOUSING (SINGLE USE) SECTION 3.8- RETAIL WAREHOUSING SECTION 3.8- INDUSTRIAL USES OTHER THAN WAREHOUSING (BUILDING WITH GREATER 154 CARS THAN 3700m2 GFA) CAR / 100m² x = 38.3 CARS 6 CARS / 100m² x = CARS 2 CARS/ 100m² x 1274 = CARS MIN. PARKING SPACE SIZE (2.70m X 6.0m) INDUSTRIAL USE (WAREHOUSE) (ITEM C.1) ACCESSORY RETAIL WAREHOUSE USE (ITEM C.3) ANCILLARY OFFICE USE (ITEM C.2) CARS 186 CARS TOTAL PARKING 6m - 6m 6m DRIVEWAYS + AISLES WIDTH (MIN.) SECTION 3.8(d) HC PARKING SPACES C/W 1.5m AISLE (O.REG 413/12) LANDSCAPE REQUIREMENTS 3.0m WIDTH, ALONG FRONT LOT LINE 3m - 3m SECTION (a) PROPOSED ADDITION + INTERIOR ALTERATIONS 81 AVIVA PARK DRIVE WOODBRIDGE ONTARIO O P ISSUED FOR MINOR VARIANCE APPLICATION ZONING BY-LAW Q SECTION (c) 936.6m² (6.8%) % 693m² (5%) 5% LANDSCAPE AREA R SECTION MIN. LOADING SPACES (3.5 x 9.0 m) VERTICAL CLEARANCE 4.2m S m² (45.8%) m² 7226m² N/A TOTAL PAVED AREA T 1 ZONING BY-LAW N.T.S Phone: mail@nesticoarchitect.on.ca Website: DATE SCALE REVISION NO. JOB NO. DRAWING NO N.T.S R AD 1.1

10 NEW ' - 8" PROPOSED 2 STOREY ANCILLARY OFFICE USE ADDITION FINISHED GROUND FLOOR ELEVATION m GROUND FLOOR AREA= 666m ' - 0" 31' - 4" EXISTING LENGTH OF BUILDING NEW ' - 5" 34' - 3" PRINCIPLE ENTRANCE N ' - 3" ' - 6" WIDTH OF BUILDING ' - 0" ' - 3" EXISTING 1-STOREY WAREHOUSE + ACCESSORY RETAIL WAREHOUSE USE BUILDING FFE = m GFA = m2 NEW LENGTH OF BUILDING ' - 8" WIDTH OF BUILDING ' - 11" 1 GROUND FLOOR PLAN 1 : 400 Nestico Architect Inc Langstaff Road VAUGHAN, ON CA L4K 4R7 Phone: mail@nesticoarchitect.on.ca Website: PROPOSED ADDITION + INTERIOR ALTERATIONS 81 AVIVA PARK DRIVE WOODBRIDGE ONTARIO ISSUED FOR MINOR VARIANCE APPLICATION GROUND FLOOR PLAN DATE SCALE REVISION NO. JOB NO. DRAWING NO : 400 R AD 1.3

11 PROPOSED 2 STOREY ANCILLARY OFFICE USE ADDITION FINISHED SECOND FLOOR ELEVATION m SECOND FLOOR AREA= 608m2 NEW ' - 0" ' - 8" ' - 4" 34' - 3" N ' - 6" ' - 0" ' - 6" WIDTH OF BUILDING ' - 0" EXISTING CLOSED MEZZANINE FINISHED MEZZANINE ELEVATION m EXISTING 1-STOREY WAREHOUSE + ACCESSORY RETAIL WAREHOUSE USE BUILDING BELOW FFE = m GFA = m2 EXISTING CLOSED MEZZANINE FINISHED MEZZANINE ELEVATION m EXISTING LENGTH OF BUILDING ' - 5" NEW LENGTH OF BUILDING ' - 8" EXISTING CLOSED MEZZANINE FINISHED MEZZANINE ELEVATION m PROPOSED OPEN MEZZANINE FINISHED MEZZANINE ELEVATION m NEW MEZZANINE AREA= 227.6m ' - 11" ' - 4" WIDTH OF BUILDING ' - 11" 1 SECOND FLOOR & MEZZANINE FLOOR PLAN 1 : 400 Nestico Architect Inc Langstaff Road VAUGHAN, ON CA L4K 4R7 PROPOSED ADDITION + INTERIOR ALTERATIONS 81 AVIVA PARK DRIVE WOODBRIDGE ONTARIO ISSUED FOR MINOR VARIANCE APPLICATION SECOND FLOOR AND MAZZANINE FLOOR PLAN Phone: mail@nesticoarchitect.on.ca Website: DATE SCALE REVISION NO. JOB NO. DRAWING NO : 400 R AD 1.4

12 Staff Report A329/17 Page 6 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 from Applicant (included as part of Traffic Study)

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14 Staff Report A329/17 Page 7 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. Alectra (Formerly PowerStream) No concerns or objections Region of York No concerns or objections

15 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. Barry N. Stephens Mr. Tony D Onofrio Commercial & Industrial Services Supervisor Supervisor, Subdivisions & New Services Phone: ext Phone: ext Fax: Fax: barry.stephens@alectrautilities.com tony.donofrio@alectrautilities.com 2

16 Providence, Lenore Subject: Attachments: FW: A329/17-81 Aviva Park Drive Minor Variance, Vaughan A Circulation.pdf From: Hurst, Gabrielle [mailto:gabrielle.hurst@york.ca] Sent: November :19 PM To: Providence, Lenore <Lenore.Providence@vaughan.ca>; Attwala, Pravina <Pravina.Attwala@vaughan.ca>; MacPherson, Adriana <Adriana.MacPherson@vaughan.ca> Subject: FW: A329/17 81 Aviva Park Drive Minor Variance, Vaughan Good Afternoon Lenore, The Regional Municipality of York has completed its review of the above Minor Variance application and has no objection. Regards, 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 Yonge Street I Newmarket, ON L3Y 6Z1 O ext I gabrielle.hurst@york.ca I Our Values: Integrity, Commitment, Accountablity, Respect, Excellence 1

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