Consent Application B002/16

Transcription

1 Consent Application B002/16 Agenda Item: 6 Ward: 2 Prepared By: Lenore Providence Assistant Secretary Treasurer Date of Hearing: Thursday, August 3, 2017 Applicant: Property: Zoning: Purpose: Ralph Palmisano 8399 Kipling Ave Woodbridge ON The subject lands are currently zoned A, Agricultural and OS1, Open Space Conservation Zone and subject to the provisions of Exception 9(1405) under By-law 1-88 as amended. By-law will amend the current zoning designations, however, the appeal period for this by-law has not yet passed. The zoning requirements are based on the new zoning designations proposed in By-law Consent is being requested to convey a parcel of land for residential purposes, approximately * square metres as a LOT ADDITION to be merged on title with the lands to the SOUTH to facilitate the creation of a proposed lot fronting onto Gate House Court. *The existing dwelling located on the severed land is to be demolished and the existing dwelling on the retained land is to remain. Background (previous applications on the subject land): Application No.: Description: MV, OPA and ZBA, Consents Status of Approval: Approved/Refused/Withdrawn/ OMB/Concurrent B035/14 - B038/14 Creation of/additions to lots Approved July 24, 2017 Z Zoning By-law Amendment Approved June 27, 2017 (Last day to Appeal July 27, 2017) For information on the previous approvals listed above please visit To search for a file number, enter it using quotes around it. For example, B001/17. 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: N/A Staff 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 July 19, Revised notice was mailed on July 24, 2017 (*Revised dimension of land and existing structures on subject land). Applicant confirmed posting of signage on July 12, Recommended conditions of approval: That the applicant s solicitor provides the secretary-treasurer with a copy of the prepared draft transfer document to confirm the legal description and PIN of the subject lands. Subject land applies only to the severed parcel, leased land, easement etc. as conditionally approved by the Committee of Adjustment. That the applicant provides two (2) full size copies of the deposited plan of reference of the entire land which conforms substantially with the application as submitted.

2 Staff Report B002/16 Page 2 That the severed parcel be merged on title with the abutting land to the south, municipally fronting on Gate House and that the applicant s solicitor provides an undertaking in writing that this condition will be fulfilled (please obtain standard undertaking form from Committee of Adjustment staff). Please note that Subsection 50 (3) or (5) of the Planning Act, R.S.O, 1990, as amended, applies to any subsequent conveyance of or transaction involving the parcel of land that is subject of this consent. Payment of the Certificate Fee as provided on the City of Vaughan s Committee of Adjustment Fee Schedule. Building Standards (Zoning Review): There are no outstanding Orders on file. The subject lands may be subject to Ontario Regulation 166/06 (TRCA - Toronto Region Conservation Authority). TRCA approval may be required. The proposed consent is for the severance of a parcel of land identified as "Lands of Raffaelle Palmisano" on the attached schedule (submitted by the applicant) and is intended to be merged with the abutting property to the south identified as "Lands of Ontario Inc." The creation of new lots over existing developments may create situations of non-conformity. Existing site conditions on a newly created lot must conform to all applicable provisions of the By-law (i.e. parking, setbacks, landscaping etc.). By-law relief may be required to address any such deficiencies. Site Plan Approval may be required to facilitate any proposed changes to the site. Development Planning: To follow. Development Engineering: The Development Engineering and Infrastructure Planning Department has reviewed the Consent Application B002/16. Road Network: Both the retained lands and conveyed lands currently have the frontage to a municipal road Gate House Court. Municipal Servicing: Both the retained lands and conveyed lands have frontage on the following municipal services on Gate House Court. 150mm diameter watermain 200mm diameter sanitary sewer 300mm diameter storm sewer The Development Engineering and Infrastructure Planning Department does not object to the Consent Application B002/16, subject to the following condition(s): The Owner shall provide conceptual site grading and servicing plan(s) for the lots to the satisfaction of the Development Engineering and Infrastructure Planning Department. The plan(s) should identify all existing and proposed services, existing and proposed elevations, and acceptable access. Parks Development: No response. By-Law and Compliance, Licensing and Permit Services: No response. Development Planning - Heritage: 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 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

3 Staff Report B002/16 Page 3 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. The following conditions are applicable: The owner shall pay all property taxes as levied. Payment is to be made by certified cheque, to the satisfaction of the City of Vaughan Financial Planning and Development Finance Department (contact Nelson Pereira to have this condition cleared). No cash-in-lieu payment is required for the following reason(s): an addition Schedule A Agency Comments: PowerStream, Toronto and Region Conservation Authority, MTO Schedule B Public Correspondence Received: Letter of Opposition - Daniel Guido, Dante Guido, Alessio Guido (31 Gate House Court) Schedule C Plans & Sketches Schedule D Comment Summary 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 standard to which provincial interests, provincial and local policies and goals are implemented. Accordingly, to recommend a proposal for approval, the application must: Conform to Section 51(24) as required by Section 53(12) of the Planning Act. Conform to the City of Vaughan Official Plan. Conform to the Provincial Policy Statements as required by Section 3(1) of the Planning Act. Should the Committee find it appropriate to approve this application, the following conditions have been recommended: Department/Agency 1 Committee of Adjustment Christine Vigneault x 8332 christine.vigneault@vaugan.ca Condition 1. That the applicant s solicitor provides the secretary-treasurer with a copy of the prepared draft transfer document to confirm the legal description and PIN of the subject lands. Subject land applies only to the severed parcel, leased land, easement etc. as conditionally approved by the Committee of Adjustment. 2. That the applicant provides two (2) full size copies of the deposited plan of reference of the entire land which conforms substantially with the application as submitted. 3. That the severed parcel be merged on title with the abutting land to the south, municipally fronting on Gate House and that the applicant s solicitor provides an undertaking in writing that this condition will be fulfilled (please obtain standard undertaking form from Committee of Adjustment staff). Please note that Subsection 50 (3) or (5) of the Planning Act, R.S.O, 1990, as amended, applies to any subsequent conveyance of or transaction involving the parcel of land that is subject of this consent. 4. Payment of the Certificate Fee as provided on the City of Vaughan s Committee of Adjustment Fee Schedule. 2 Building Standards Moira Coughlan x moira.coughlan@vaughan.ca 1. That by-law be in full force and effect. 2. A Surveyor's Certificate of Lot Areas and Lot Frontages as per the definitions in Section 2.0 of by-law 1-88 a.a is submitted to and approved by the Building Standards Department. 3. That a demolition permit be obtained for the existing "1/2 storey stucco dwelling to be demolished" located on the conveyed lands

4 Staff Report B002/16 Page 4 and that said dwelling be demolished to the satisfaction of the Building Standards Department. 3 Development Engineering Steve Lysecki x steve.lysecki@vaughan.ca The Owner shall provide conceptual site grading and servicing plan(s) for the lots to the satisfaction of the Development Engineering and Infrastructure Planning Department. The plan(s) should identify all existing and proposed services, existing and proposed elevations, and acceptable access. 4 Development Finance Nelson Pereira x nelson.pereira@vaughan.ca 5 TRCA Polina Bam The owner shall pay all property taxes as levied. Payment is to be made by certified cheque, to the satisfaction of the City of Vaughan Financial Planning and Development Finance Department (contact Nelson Pereira to have this condition cleared). TRCA staff thanks the applicant for the payment of the $2, review fee for this application X5256 Polina.bam@trca.on.ca Warning: Conditions must be fulfilled within one year from the date of the giving of the Notice of Decision, failing which this application shall thereupon be deemed to be refused. No extension to the last day for fulfilling conditions is permissible. 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; For more information please contact the City of Vaughan, Committee of Adjustment T Extension 8394 E CofA@vaughan.ca

5 Staff Report B002/16 Page 5 Schedule A: Agency Comments Please note that the correspondence listed in Schedule A 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. PowerStream Toronto and Region Conservation Authority MTO

6 Providence, Lenore Subject: FW: B002/16 - REQUEST FOR COMMENTS (City of Vaughan Committee of Adjustment) From: Della Mora, Dan (MTO) [mailto:dan.dellamora@ontario.ca] Sent: July :12 PM To: Providence, Lenore <Lenore.Providence@vaughan.ca> Subject: RE: B002/16 REQUEST FOR COMMENTS (City of Vaughan Committee of Adjustment) Hi Lenore, MTO Highway Corridor Management Section has reviewed the location of the subject land. Please be advised that 8399 Kipling Ave., Woodbridge is located outside of MTO Permit Control Area. As a result, an MTO Permit from this office is not required. If you have any questions, please feel free to contact me. Regards, Dan Dan Della Mora Corridor Management Planner Tel: Fax: Dan.DellaMora@ontario.ca 1

7 Date: July 27 th, 2017 Attention: RE: Todd Coles Request for Comments File No.: B Related Files: Applicant: Location Ralph Palmisano (Ralph Palmisano) 8399 Kipling Ave. Woodbridge 1

8 COMMENTS: Alectra Utilities (formerly PowerStream) has received and reviewed the proposed Consent 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. Stephen Cranley Commercial & Industrial Services Supervisor Supervisor, Subdivisions & New Services Phone: ext Phone: ext Fax: Fax: barry.stephens@alectrautilities.com stephen.cranley@alectrautilities.com 2

9 3

10 4

11

12

13 Staff Report B002/16 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 of Opposition - Daniel Guido, Dante Guido, Alessio Guido (31 Gate House Court)

14 Monica, Daniele, Dante and Alessio Guido 31 Gate House Court Woodbridge Ontario L4L 9A2 Attention: Committee of Adjustment 2141 Major Mackenzie Drive Vaughan ON L6A 1T1 July 24 th, :47am Dear Sir/Madam, I have amended my letter according to the revised document and my amendments in yellow. Regarding B August 3, 2017 Section 53 Planning Act RSO 1990 c.p.13 Application Part 2 on Reference Plan 65R29590 and z (ZBA) Proposal to convey a parcel of land * square meters from Agriculture and OS1 Open Space Conservation to Residential. I write to the committee in connection with the above planning application. I have examined the plans my husband and my two small children (Dante age 9 and Alessio age 7) wish to object strongly to the change in zoning. Before I commence my letter of opposition, I must advise the Committee of Adjustment that the purpose as stated on the NOTICE OF HEARING document had errors. In the very last sentence, it states: Both the subject and retained lands are currently vacant. This is not correct. In fact Mr. Raffaelle Palmisano (applicant) lives in the heritage home and has a tenant living in Part of Lot 10, concession 8 (65R 2950) which is the parcel of land recently approved for re zoning to residential. As a quaint street, we know very well this is the applicant s residence and the formal letter sent to all residents was filed with tremendous error 2. As mentioned in the second footnote from the official revised consent document, I would like to be made aware HOW the 409 square meters facilitate a lot to the south of the subject lands that is deemed residential as of June 27 th that is 13.72m by 32.84m? I am currently living on the parcel of land not labeled on your map which is 15 m by 32.84m and I would like to know how this parcel of land can facilitate my property? The word facilitate is very vague and unclear. 1 Amended under the revised consent application shared on July 24 th at 10:07am 2 Error was corrected and amended on the revised consent application shared on July 24 th at 10:07am however it now states that the 409 square meters is to facilitate the creation of a proposed lot fronting on Gate House Court.

15 The 45.2 corrected to square meters is a parcel of land that is home to the Humber River, a spectacular heritage home that resembles a castle from another period of history (of which the applicant actively resides) and home to many species of birds and wildlife including beautiful deer we see roaming often at dawn. My children have a bird house and often admire the beauty nature brings so closely to our home. This development proposal should be considered very carefully because the intent of this rezoning is to destroy the beauty we admire every single day from our home. It will greatly damage the character of our street, the heritage home and nature. Since we moved into 31 Gate House Court on December 15, 2015, we heard the rumblings from neighbours of the past disputes and trials to protect this very land (the square meters). We were welcomed into the neighbourhood as one of three homes because the construction of these three homes enhanced the flow and character of the street, filling in a gap of land with families and children playing. The construction of my home and the two beside me also protected the open space better protecting wildlife and deterring the wild from going on to main roads. Our homes thus protected the parcel of land we all enjoy from a safe distance. In fact we did not oppose for part one of this process Z (ZBA) approved June 27, 2017 because it clearly states it was only one piece of land converting to residential. The document did not ever allude to a part 2 which was abruptly noted in the letter sent to all residents with the date of hearing for August 3 rd, As part of history, I wish to advise the committee that the parcel that was approved June 27 th, 2017 was for sale in 2016 (without proper protocol) and supposedly sold conditional as per the realtor Vito Montesano. It is our understanding that the applicant only wishes to add the square meters to the 13.2m by 32.84m parcel (recently approved) for development so he can sell it all for development. I will not allow that to happen to my neighbourhood nor will I allow my children to watch the city of Vaughan approve this amendment and destroy the nature we all admire every minute we live in our home. As a Master of Environmental Studies Alumni at York University and Government executive I will do everything I possibly can to oppose the change from agriculture and open space conservation to residential for the public benefit. I believe that if you approve this adjustment you will empower the applicant to merely sell his land and destroy the wildlife habitat we strive to protect. My children have seen deer, rabbits, fox, turtles, and many species of birds in our very backyard. I plead with you to protect our environmentally sensitive areas and the Humber River habitats and decline the applicant s request. Since we are new to Gate House Court, we have already encountered the downfall of massive development on Kipling Avenue with construction of low rise and high density homes on a road that is not meant for this much traffic and experiencing a lot of congestion. In fact, the traffic on Kipling has become a great issue. The police sit on our street often and enforce speeding and failure to stop at the stop sign due to aggressive drivers frustrated with the City not ensuring the roads can handle the high numbers of new inhabitants. Allowing this parcel of land to be developed in a residential capacity would be detrimental to the safety of the people walking in OUR neighbourhood and attempting to cross the street which my children have to do to get onto their school bus. The proposed amendment is particularly ill considered. It would diminish wild life and nature we protect in the centre of my very backyard. The historic character and beauty of the heritage home will be removed and the sentiment of its strong historic character destroyed!

16 Please include this letter to be showcased at the hearing on August 3 rd at 6pm as unfortunately I am unable to attend. I feel very passionately against this proposal and I thank you for taking the time to review my points and my submission as I am passionately recommending the decline of the application. Regards, The Guido Family Written by Monica Guido and supported by: Daniele Guido Dante Guido Alessio Guido

17 Staff Report B002/16 Page 7 Schedule C: Plans & Sketches Please note that the correspondence listed in Schedule C 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.

18 Location Map - B002/ KIPLING AVENUE, WOODBRIDGE. ± City of Vaughan Kilometers The City of Vaughan makes every effort to ensure that this map is free of errors but does not warrant that the map or its features are spatially, tabularly, or temporally accurate or fit for a particular use. This map is provided by the City of Vaughan witthout warranties of any kind, either expressed or implied.

19 B002/16 B A B A B

20 Staff Report B002/16 Page 8 Schedule D: Comment Summary Please note that Schedule D is not comprehensive. Comments received after the preparation of this staff report have not been included in the chart below. Commenting Department Comment Status P = Positive Comment N = Negative Comment NR= No Response A = Adjournment Recommended Condition(s) of Approval Y = Yes N = No Building Standards P Y Development Planning To follow. Development Engineering P Y Parks Development By-Law and Compliance, Urban Design & Heritage NR NR NR Financial Planning & Development P N Real Estate P N TRCA P Y Region of York P N PowerStream P N MTO P N