10465 Islilngton Avenue, Woodbridge. Weston Consulting

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1 File: A162/15 Item # 15 Ward #1 Applicant: B AND A INC. Address: Agent: Islilngton Avenue, Woodbridge TIM JESSOP Weston Consulting Comments/Conditions: Commenting Department Comment Condition of Approval Building Standards Development Planning Engineering TRCA PowerStream York Region Other - Legend: - Positive Comment - Negative Comment Prepared By: Lenore Providence

2 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1 Tel [905] Fax [905] NOTICE OF APPLICATION MINOR VARIANCE FILE NUMBER: A162/15 APPLICANT: B AND A INC. PROPERTY: Part of Lot 24, Concession 8, (Lot 2, and Part of Lot 13, of Reference Plan 11), municipally known as Islilngton Avenue, Woodbridge. ZONING: PURPOSE: PROPOSAL: BY-LAW REQUIREMENT: BACKGROUND INFORMATION: The subject lands are zoned C11, Mainstreet Commercial Zone and subject to the provisions of Exception 9(775) under By-law 1-88 as amended. To permit the construction of a registered health professional office within an existing two-storey commercial buidling. 1. To permit a minimum of 6 parking spaces. 1. A minimum of 10 parking spaces are required (5 parking spaces per practitioner). Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Zoning Amendment Application: Z March 26, Council Approved Site Plan Application: DA March 1, Council Approved 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, JUNE 11, 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 MAY 27, Todd Coles, BES, MCIP, RPP Manager of Development Services and Secretary-Treasurer to Committee of Adjustment Agenda packages will be available prior to hearing at: Vaughan.ca/CofA Form 9

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4 FILE NUMBER: A162/15 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 Phone: (905) Fax: (905) APPLICANT: B AND A INC. Subject Area Municipally known as Islilngton Avenue, Woodbridge Form 9

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36 May 19, 2015 Dr. Ian Braverman Napa Valley Dental Centre Islington Avenue Kleinburg, ON L0J 1C0 4261A14Highway7East,Suite489 Markham,ON,L3R9W6 Phone: Fax: NexTransIncorporated Re: Reliance Parking Letter Proposed Dental Office Minor Variance Application (A162/15) Islington Avenue City of Vaughan Our Project No. NT INTRODUCTION NexTrans Engineering was retained by B and A Inc ( Owner ) to prepare this Reliance Parking Letter in support of a Minor Variance Application for the proposed dental office. The subject property is located in the north-east quadrant of the Islington Avenue and Stegman s Mill Road intersection, municipally known as Islington Avenue, in the City of Vaughan. The purpose of the minor variance application is to obtain relief from the parking requirements for a Regulated Health Professional Office or Clinic per Section 3.8 of the City s Zoning By-law. The owner is opening his dental practice in an existing two storey building on the property previously used for a photography studio. The proposed dental office will be located on the main floor with a total gross floor area of 191 m² (2,056 ft²). The second floor and basement will be used for storage purposes only. As advised by the Owner, the proposed dental office will be serviced by a single dentist. The business will operate 6-days a week and will be strictly appointment based (i.e. no walk-in) with very minimal overlapping between patients. A total of six (6) parking spaces will be provided to accommodate the proposed dental office. The property was previously developed in accordance with this site plan by the previous owner. The owner only requires interior renovations to accommodate the proposed dental office. The subject site is illustrated in Figure 1-1 and a copy of the existing site plan approved by the City is provided in Figure 1-2 TransportationPlanning TrafficImpactAssessment ParkingJustification&Design SiteAccessDesign&Review OMBTestimony

37 Parking Reliance Letter Figure 1-1: Site Location Figure 1-2: Proposed Site Plan NT (10465 Islington Avenue) May 2015 / Page 2 of 6

38 Parking Reliance Letter 2.0 PARKING ASSESSMENT 2.1. Existing City of Vaughan Zoning By-law No It is our understanding that Vaughan Building Standards interprets the proposed dental office to be a Regulated Health Professional Office with respect to applicable parking rates per the City of Vaughan Zoning By-law No Based on this interpretation, the applicable parking rate as outlined in this by-law for the proposed use is as follow: Regulated Health Professional Office or Clinic 5 spaces per practitioner Vaughan Building Standards considers any Regulated Health Professional working in the dental office to be a practitioner for the purpose of calculating parking requirements with no differentiation for a regulated health professional that works on a part time basis. The Zoning By-law definition for a Regulated Health Professional is: Means a person registered under the Regulated Health Professions Act, S.O. 1991, C.18, or as a drugless practitioner under the Drugless Practitioners Act, R.S.O. 1990, C.D.18 including: Audiologists, Chiropodists, Chiropractors, Dental Hygienists, Dental Technologists, Denturists, Dentists, Dieticians, Massage Therapists, Medical Laboratory Technologists, Medical Radiation Therapists, Midwives, Naturopaths, Nurses, Occupational Therapists, Opticians, Optometrists, Pharmacists, Physicians, Physiotherapists, Podiatrists, Psychologists, Respiratory Therapists, Speech Language Pathologists. A BODY-RUB PARLOUR may also be permitted as an accessory use to a REGULATED HEALTH PROFESSIONAL office provided such accessory use does not exceed a maximum of 30% of the total gross floor area of the REGULATED HEALTH PROFESSIONAL office, and provided that the main business access shall only be from an entrance in common with the principal REGULATED HEALTH PROFESSIONAL office (emphasis added). Based on the above noted parking rates, the parking requirement for the proposed use with only one (1) dentist working at the office is detailed in Table 2.1. Table 2.1 City of Vaughan Zoning By-law No Parking Requirements Land Use Practitioners GFA Source (By-law / Study) Parking Rates Regulated Health Professional Office or Clinic m² Zoning By-law No spaces per practitioner Parking Requirement 5 spaces Based on the interpretation of the parking provisions outlined in the existing City of Vaughan Zoning By-law No. 1-88, the proposed dental office is required to provide 5 vehicle parking spaces City of Vaughan Proposed Parking Standards The recommended parking rates contained in the IBI March 2010 Study was also reviewed. We understand that this study has yet to be adopted by the City Council and as such it has no official status, however, the recommended parking ratios stipulated in the study represents the direction that the City of Vaughan (the City ) is planning to take and reflects the evolving travel patterns. The study has categorized the City into four (4) different areas, they are: High-Order Transit Hubs, Local Centres, Primary Centres / Primary Intensification Area, and Other Areas. Based on Exhibit 3-4: Map of Vaughan s Planning Geographies which was appended in the aforementioned study, the subject site is located within the Local Centres. The associated parking rates are as follows: NT (10465 Islington Avenue) May 2015 / Page 3 of 6

39 Parking Reliance Letter Medical Office Building minimum 3.0 spaces per 100 m², maximum 4.5 spaces per 100 m². The detailed parking calculations based on the above noted parking rates are summarized in Table 2.2. Table 2.2 City of Vaughan Proposed Parking Requirements Land Use Practitioners GFA Source (By-law / Study) Parking Rates Medical Office Building m² Draft Parking Standards by IBI Group Minimum 3.0 spaces per 100m², maximum 4.5 spaces per 100 m² Parking Requirement spaces Based on the recommended parking rates outlined in the IBI March 2010 Study, the proposed dental office will require a maximum of 5 parking spaces Other Municipalities Parking Standards For comparison purposes, we have reviewed the parking standards for dental / medical office from other comparable municipalities and they are summarized below: City of Toronto: - Medical Office spaces per 100 m², - Requirement: 5 spaces (rounded down as per the by-law) City of Markham: - Medical Office 1.0 spaces per 30 m² - Requirement: 6 spaces Town of Richmond Hill: - Medical Offices and Clinics spaces for the first practitioner - Requirement: 4 spaces Based on a review of other area Municipalities parking rates, the resulting parking requirements for a dental office with a single practitioner and a gross floor area of 191 m² will require between 4 to 6 parking spaces Available On-Street Parking In addition to the proposed on-site parking spaces, there is on-street parking spaces available located within walking distance (illustrated in Figure 2-1) including on Islington Avenue to the north and south of the proposed dental office (steps from the site), public parking on Islington Avenue, and on Napier Street (approximately 250 m). 1 Parkingrateisbasedon allotherareasofthecity 2 Parkingrateisbasedon LocalCentre NT (10465 Islington Avenue) May 2015 / Page 4 of 6

40 Parking Reliance Letter Figure 2-1: On-Street Parking (Islington Avenue)* * Source: Google Maps - Street Viewer In reference to the Committee of the Whole dated March 1, 2004, a parking study was previously prepared by Poulos and Chung for the area and it was concluded that the parking standards may be safely reduced given the adequate supply of the parking in the area. It is also our understanding that the previous owner paid $10,000 to the City of Vaughan as a condition of Site Plan Approval towards a Klienburg Parking Levy. The purpose of the Kleinburg Parking Levy is for the City of Vaughan to collect funds to implement projects aimed at alleviating parking issues in the Kleinburg Core. When the proponent of a development is deficient in parking supply, the contribution towards the levy is required to offset the deficiency. It is unclear how many parking spaces were previously offset on the property but I understand it was likely two to four spaces. It is clear from the Site Plan Agreement that this contribution to offset on-site parking requirements carries forward to future uses on the same property. 3.0 CONCLUSIONS The proposed dental office development will be serviced by a single dentist with a total floor area of 191 m². The existing City of Vaughan Zoning By-law No requires a total of 5 parking spaces per practitioner for a Regulated Health Professional Office or Clinic A total of six (6) parking spaces are provided, which complies with the by-law requirement. The Zoning By-Law does not require 5.0 parking spaces for every Regulated Health Professional working in a Regulated Health Professional Office or Clinic. This is an important distinction because the term practitioner is not defined in the Zoning By-Law whereas the term Regulated Health Professional is defined The part-time hygienist is considered a support staff and not a separate practitioner in Dr. Braverman s dental office. A dental hygienist is intended to support the practitioner, the dentist, operating the Regulated Health Professional Office. The dental hygienist in Dr. Braverman s dentistry office is a part-time employee who does not have any of her own staff, equipment and supplies but instead uses Dr. Braverman s staff, equipment and supplies in the course of her work in his dentistry office. Since the dental hygienist is an employee, she would not be carrying on an independent dental hygiene practice and therefore there would not be a need for an additional 5 parking spaces NT (10465 Islington Avenue) May 2015 / Page 5 of 6

41 Parking Reliance Letter because she is not a practitioner in his dentistry office. If you were to calculate parking demand based on the number of Regulated Health Professionals, it would be inconsistent with the recommended approach for the City of Vaughan and how other municipalities deal with this type of use with respect to parking. This means that Dr. Braverman s Dental Office would only require a total of 5 parking spaces. The existing by-law determines the parking requirement based on the number of practitioners. However, based on our review on the City of Vaughan s proposed parking standards, as well as the approaches from other municipalities (for medical / dental office), it is our opinion that parking calculation based on gross floor area is more appropriate for this type of land use. The proposed dental office will operates on an appointment basis with a controlled hourly parking demand. Moreover, the site is located in a pedestrian oriented neighbourhood with sidewalks on both sides of the street. Therefore, it is our opinion that the proposed parking supply of 6 vehicle parking spaces is adequate to support the development proposal. We trust the enclosed sufficiently addresses your needs. Should you have any questions, please do not hesitate to contact the undersigned. Yours truly, NEXTRANS ENGINEERING Richard Pernicky, MITE Principal RP NT (10465 Islington Avenue) May 2015 / Page 6 of 6

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44 DATE: June 2, 2015 RECEIVED June 2, 2015 VAUGHAN COMMITTEE OF ADJUSTMENT Page 1 of 2 TO: FROM: Todd Coles, Committee of Adjustment Grant Uyeyama, Director of Development Planning MEETING DATE: June 11, 2015 OWNER: B and A Inc. FILE(S): A162/15 Location: Proposal: Official Plan: Cultural Heritage Division Comments: Islington Avenue, Kleinburg Ward 1, Vicinity of Nashville Road and Islington Avenue The Owner is requesting to maintain a minimum of 6 parking spaces for a Regulated Health Professional Office use; whereas a minimum of 10 parking spaces is required. The subject lands are subject to a site-specific exception which permits a minimum of 6 parking spaces for a photography studio and storage use. The Regulated Health Professional Office use will accommodate for one dentist and one support staff (dental hygienist) and is a use permitted within the C11 Mainstreet Commercial Zone. The subject lands are designated Main Street Commercial by City of Vaughan Official Plan (VOP 2010), Volume 2, Section 12.4 Kleinburg Core, which was approved by the Ontario Municipal Board on December 2, The proposal conforms to the policies of the Official Plan. Cultural Heritage staff has no objections to this application. The subject property is located in the Kleinburg-Nashville Heritage Conservation District and is therefore Designated Part V under the Ontario Heritage Act. All properties located within Heritage Conservation Districts require the approval of a Heritage Permit with Heritage Vaughan Committee approval, in addition to any other City approvals. The subject parcel of lands lies in an area identified as being of high archaeological potential in the City s database of archaeological resources. An archaeological assessment will not be required, however, the Owner is advised that the following standard clauses apply: 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 and 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. Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

45 Page 2 of 2 Development Planning Division Comments: Through the approval of related Zoning By-law Application Z and Site Development Application DA , a minimum of 6 parking spaces were permitted for a photography studio and storage area. The Owner has submitted a Reliance Letter for the proposed dental office which provides a parking assessment for reduced parking. The Development Engineering and Infrastructure Planning Services Department has indicated no objection to the reduced parking. Accordingly, the Planning Department has no objection to the requested variance. 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: None. The Planning Department supports Minor Variance Application File A162/15. Report Prepared By: Natalie Wong, Planner 1 Daniel Rende, Cultural Heritage Coordinator 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

46 RECEIVED May 13, 2015 VAUGHAN COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) To: Committee of Adjustment From: Brandon Correia, Building Standards Department Date: 05/13/2015 Name of Owner: B & A Inc. Location: Islington Avenue; Lot 2, Part of Lot 3, Plan-M11 File No: A162/15 Zoning Classification: Proposal: The subject lands are zoned C11, Mainstreet Commercial Zone and subject to the provisions of Exception 9(775) under By-law 1-88 as amended. 1. To permit a minimum of 6 parking spaces. By-Law Requirements: 1. A minimum of 10 parking spaces are required (5 parking spaces per practitioner). Staff Comments: Stop Work Orders and Orders to Comply: There are no outstanding Orders on file. Building Permits Issued: The Ontario Building Code requires a building permit for structures that exceed 10m 2. Other Comments: In order to provide clarification, site specific exception 9(775) previously permitted a minimum of 6 parking spaces specifically for a Studio and storage Use. The change of use to a Regulated Health Professional requires relief to the parking standards as applied for and noted above. Please be advised that any building additions or future site changes to the subject lands would require the land owners to comply with 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. 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.

47 DATE: June 1, 2015 TO: FROM: Todd Coles, Committee of Adjustment Tak Yin Chan Development Engineering & Infrastructure Planning Services MEETING DATE: June 11, 2015 OWNER: B AND A INC. FILE(S): A162/15 Location: Proposal: Part of Lot 24, Concession 8, (Lot 2, and Part of Lot 13, of Reference Plan 11), municipally known as Islilngton Avenue, Woodbridge. 1. To permit a minimum of 6 parking spaces. By-Law Requirement: 1. A minimum of 10 parking spaces are required (5 parking spaces per practitioner). Comments: The Development Engineering and Infrastructure Planning Services Department has no objection to Minor Variance Application A162/15. Conditions: None.

48 Date: May 19, 2015 Attention: Lenore Providence RE: Request for Comments File No. A162/15 Related Files: Applicant: Location: B and A Inc Islington Avenue, 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

49 Providence, Lenore Subject: FW: A162/15 Request for Comments - City of Vaughan Variance RECEIVED MAY 25, 2015 Committee of Adjustment From: Coles, Todd Sent: Monday, May 25, :31 PM To: Committee of Adjustment Subject: FW: A162/15 Request for Comments - City of Vaughan Variance From: Hurst, Gabrielle [mailto:gabrielle.hurst@york.ca] Sent: Monday, May 25, :30 AM To: Coles, Todd Cc: Catherwood, Trevor; Mallette, Michael; Bilkhu, Vick Subject: A162/15 Request for Comments - City of Vaughan Variance Good Afternoon Todd, York Region, Planning and Economic Development has reviewed the above noted Variance application and has no objections. Please feel free to contact me if you require any additional information. Regards, Gabrielle Hurst, MCIP. RPP. C.Tech Associate Planner Integrated Community Planning Section of the Planning and Economic Development Branch Corporate Services The Regional Municipality of York Yonge Street Newmarket, ON L3Y 6Z1 O: ext gabrielle.hurst@york.ca Our Values: Integrity, Commitment, Accountability, Respect, Excellence Please consider the environment before printing this . 1