Applicant: VILLA ROYALE SHOPPING CENTRE INC Weston Road, Woodbridge. SANDRO SOSCIA Soscia Professional Engineers

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1 File: A161/14 Item # 14 Ward #3 Applicant: VILLA ROYALE SHOPPING CENTRE INC. Address: Agent: 9750 Weston Road, Woodbridge. SANDRO SOSCIA Soscia Professional Engineers 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: 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: A161/14 APPLICANT: PROPERTY: ZONING: PURPOSE: PROPOSAL: BY-LAW REQUIREMENT: BACKGROUND INFORMATION: VILLA ROYALE SHOPPING CENTRE INC. Part of Lot 19, Concession 6, (Block 102, Registered Plan 65M-3476, municipally known as 9750 Weston Road, Woodbridge). The subject lands are zoned C3 Commercial, and subject to the provisions of Exception 9(1041) under By-law 1-88 as amended. To permit the construction of a proposed division of an existing commerical unit into two separate units with one unit having a second floor office space. 1. To permit a total number of 159 parking spaces. 2. To permit a maximum gross floor area of 3,073.68m2. 1. A minimum of 185 parking spaces are permitted. 2. A maximum gross floor area of 2,787.00m2 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: MINOR VARIANCE APPLICATIONS: A277/01 - APPROVED OCT 4, min. parking spaces =157, min. setback to residential=14.0m, min ext sideyard setback=13.8m, min. landscape strip on commercial lands that abuts a residential zone=1.5m & min. lot area=10,862m2, A134/01 APPROVED JUNE 14, 2001, However, site plan revised to two buildings, amending parking spaces and adding landscape strip, resulting in re-submission. 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 26, 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 11TH DAY OF JUNE, 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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6 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 Phone: (905) Fax: (905) FILE NUMBER: A161/14 APPLICANT: VILLA ROYALE SHOPPING CENTRE INC. Subject Area Municipally known as 9750 Weston Road, Woodbridge. Form 9

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14 May 28, 2014 Mr. John Defilippis Villa Royale Homes 3300 Highway 7, Suite 350 Vaughan, ON L4K 4M3 4261A14Highway7East,Suite489 Markham,ON,L3R9W6 Phone: Fax: NexTransIncorporated Re: Parking Justification Study Minor Variance Application 9750 Weston Road (Villa Royale Plaza) City of Vaughan Our Project No. NT INTRODUCTION NexTrans Engineering was retained by Villa Royale Homes to prepare this Parking Justification Study in support of the above noted development proposal. The subject property is located in the north-west quadrant of the Weston Road and Villa Royale Avenue intersection municipally known as 9750 Weston Road in the City of Vaughan. The location of the subject property is illustrated in Figure 1-1 Figure 1-1 Subject Site Location TransportationPlanning TrafficImpactAssessment ParkingJustification&Design SiteAccessDesign&Review OMBTestimony

15 Parking Justification Study The subject site is currently occupied by two (2) stand alone one-storey mixed-use commercial / retail buildings (denoted as Building A and Building B ) with approximately 2,768.30m² (29,797.83ft²) of total gross floor area (GFA). Based on the information received from the Owner, the development proposal is to construct a partial second floor addition to Building B as office space with a GFA of approximately m² (3,084.51ft²) 1.It is our understanding that the proposed office component is intended to support the day-to-day operations for Villa Royal Homes (the Owner ) with an estimated capacity of 5 full-time staff. Moreover, the existing parking supply of 159 spaces will be maintained to continue supporting the parking demand generated from the subject property. The proposed site plan is provided in Figure 1-2. Figure 1-2 Proposed Site Plan 1 Theproposedadditionrepresentsapproximately10%increaseintotalGFA. NT (9750 Weston Road) May 2014 / Page 2 of 7

16 Parking Justification Study The detailed land use breakdown and the associated GFA are summarized in Table 1.1: Table 1.1 Site Statistic Summary Status Unit Tenant Land Use Existing Proposed GFA m² ft² 1 Everlasting Nails Retail / Commercial Stupid Burger - take out 2 Eating Establishment Vacant (assumed Eating Establishment ) Beauty Supply Outlet Retail / Commercial Vellore Dry Cleaners Retail / Commercial Vacant (assumed Eating Establishment ) Veterinary Clinic Medical Office Villa Convenience Retail / Commercial Gallo Chicken Restaurant - take out Eating Establishment Black Belt World - Woodbridge Retail / Commercial Pizza Nova Eating Establishment Shoe Store / Medical Centre Retail / Commercial Nishi Sushi - take out Eating Establishment Novita Bakery Retail / Commercial Vellore Dentistry Medical Office Villa Royale Pharmacy Retail / Commercial Vietnamese Restaurant Eating Establishment Existing Total m² ft² Building B 2 nd Floor Proposed Office Use Proposed Total m² ft² Combined Total m² ft² As summarized above, approximately m² (5,691.00ft²) of GFA are currently vacant (i.e., non operating during days of parking utilization surveys) 3. For the purpose of this analysis, the existing vacant units will be assumed to operate as Eating Establishment Take Out in order to remain a conservative approach as these units can be leased as General Retail uses (i.e. generate lower parking demand). The objective of this study is to review the sufficiency of the existing parking supply to accommodate the above captioned development proposal. 2.0 PARKING ASSESSMENT 2.1. Existing City of Vaughan Zoning By-law No We have reviewed the existing City of Vaughan Zoning By-law No and the applicable parking rates as outlined in this by-law for the development proposal (plus all existing vacant units) are as follows: Existing Component: - Unit # 2 (leased as Eating Establishment - Take Out use) 10.0 spaces per 100m² 2 Unit#2(StupidBurger)isleasedbutcurrentlyunderrenovation(i.e.notoperational). 3 The existing vacant units are: Unit 2 (105.74m² / 1,138.20ft²), Unit 3 (105.74m² / 1,138.20ft²) and Unit 68 (317.23m²/3,414.60ft²). NT (9750 Weston Road) May 2014 / Page 3 of 7

17 Parking Justification Study - Unit # 3 (currently vacant, assumed Eating Establishment - Take Out use) 10.0 spaces per 100m² - Unit # 6-8 (currently vacant, assumed Eating Establishment - Take Out use) 10.0 spaces per 100m² Proposed Component: - Partial second level on Building B (proposed office use) 3.5 spaces per 100m² Based on the above noted parking rates, the parking requirement for the proposed development and the existing vacant units are detailed in Table 2.1. Table 2.1 City of Vaughan Zoning By-law No Parking Requirements Land Use GFA (m²) Source (By-law / Study) Parking Rates Parking Requirement Eating Establishment, Take-Out m² City of Vaughan Zoning By-law 10.0 spaces per 100m² 53 Office Building m² No spaces per 100m² 10 Total 63 spaces In accordance with the parking provisions outlined in the existing City of Vaughan Zoning By-law No. 1-88, the subject site is required to provide 63 spaces for the proposed second floor addition and the existing vacant units City of Vaughan Proposed Parking Standards We have also reviewed the recommended parking rates contained in the IBI March 2010 Study 4. 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 Primary Centres / Primary Intensification Area. The associated parking rates are as follows: Existing Component: - Unit # 2 (leased as Eating Establishment - Take Out use) 4.0 spaces per 100m² - Unit # 3 (currently vacant, assumed Eating Establishment - Take Out use) 4.0 spaces per 100m² - Unit # 6-8 (currently vacant, assumed Eating Establishment - Take Out use) 4.0 spaces per 100m² Proposed Component: - Partial second level on Building B (proposed office use) 2.0 spaces per 100m² The detailed parking calculations based on the above noted parking rates are summarized in Table Review of Parking Standards Contained Within The City Of Vaughan s Comprehensive Zoning Bylaw, dated March2010. NT (9750 Weston Road) May 2014 / Page 4 of 7

18 Parking Justification Study Table 2.2 City of Vaughan Proposed Parking Rate Parking Requirements Land Use GFA (m²) Source (By-law / Study) Parking Rates Parking Requirement Eating Establishment, Take-Out m² Draft Parking Standards by IBI 4.0 spaces per 100m² 21 Office Building m² Group (Primary Centres / Primary Intensification Areas) 2.0 spaces per 100m² 6 Total 27 spaces Based on the recommended parking rates outlined in the IBI March 2010 Study, the proposed development as well as the existing vacant units will require a total of 27 parking spaces Parking Utilization Survey To review the existing parking demand at the subject site, parking utilization surveys were undertaken by NexTrans Engineering on Friday, May 23, 2014 (between 10:00 a.m. to 7:30 p.m.) and Saturday, May 24, 2014 (between 11:00 a.m. to 3:00 p.m.) in 30 minutes intervals. The selected survey methodologies (i.e. date and duration) were selected to reflect the anticipated peak operational time for the existing land uses. Detailed information are provided in Table 2.3. Table 2.3 Parking Utilization Survey Survey Date: Friday, May 23, 2014 Survey Date: Saturday, May 24, 2014 Time Period Parking Demand Time Period Parking Demand (starting) Number Rate (per 100m²) (starting) Number Rate (per 100m²) GFA (m²) m² GFA (m²) m² 10:00 a.m :00 a.m : : : :00 p.m : : :00 p.m : : : : : : : : :00 p.m : Maximum 4.11 spaces per 100m² 3: Average 3.24 spaces per 100m² 3: : : : : : : : :30 p.m Maximum 3.66 spaces per 100m² Average 2.79 spaces per 100m² NT (9750 Weston Road) May 2014 / Page 5 of 7

19 Parking Justification Study Based on the parking utilization surveys summarized in Table 2.3, it indicates a peak parking demand of 92 spaces (or approximately 4.11 spaces per 100m²) which occurred on Saturday, May 24, 2014 at 11:30 a.m. To reiterate, the existing parking supply of 159 spaces will be maintained, resulting in a parking surplus of no less than 67 spaces. The sufficiency of the available parking supply 5 to accommodate the proposed partial second storey addition (for office use) plus the existing vacant units has been reviewed and it is detailed below: Under Existing City of Vaughan Zoning By-law No. 1-88: - A total of 63 spaces are required (derived from Table 2.1) resulting in a parking surplus of 4 spaces 6. Under City of Vaughan Proposed Parking Rates: - A total of 27 spaces are required (derived from Table 2.2) resulting in a parking surplus of 40 spaces 7. As summarized above, it is our opinion that the residual parking supply at the subject site can sufficiently accommodate the parking demand generated from the proposed development as well as the parking requirements required to support the existing vacant units. 3.0 CONCLUSIONS / RECOMENDATIONS The subject property located at 9750 Weston Road is currently occupied by a multi-tenants mixed-use commercial / retail plaza. In reference to the information received from the Owner, the development proposal is to construct a partial second storey on Building B for office use with a proposed GFA of approximately m² (3,084.51ft²). The existing parking supply of 159 spaces will be maintained and the associated parking rates are described as follows: Existing Condition: - 2,768.30m² with 159 parking spaces 5.74 spaces per 100m². Proposed Condition: - 3,054.86m² with 159 parking spaces 5.20 spaces per 100m² - Comparison to existing condition: reduction of 0.54 spaces per 100m² or less than 10%. In reference to the existing City of Vaughan Zoning By-law No and the proposed parking rates contained in the IBI March 2010 Study, the associated parking requirements for the development proposal plus the existing vacant units are 4 spaces and 40 spaces, respectively. It is important to note that the calculated parking requirement represents a conservative approach by assuming Unit # 3 and Unit # 6-8 as Eating Establishment Take Out. Based on the results derived from the parking utilization surveys, the recorded peak parking demand under the existing condition is 92 spaces or approximately 4.11 spaces per 100m², resulting in 67 spaces (or more than 40% of the total supply) being unoccupied. In summary, the existing parking supply is underutilized. Therefore, as documented in this letter it is our opinion that the anticipated parking demand generated from the proposed development can be sufficiently accommodated with the existing parking supply. 5 The available parking supply is derived from the existing parking supply (159 spaces) subtracting the peak observedparkingdemand(92spaces). 6 67spaces( Available supply) 63spaces(ZBLrequirement)=4spaces(totalsurplus). 7 67spaces( Available supply) 27spaces(proposedstandardsrequirement)=40spaces(totalsurplus). NT (9750 Weston Road) May 2014 / Page 6 of 7

20 Parking Justification Study 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, CET, MITE Senior Project Manager Partner RP/rp NT (9750 Weston Road) May 2014 / Page 7 of 7

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25 DATE: June 18, 2014 RECEIVED June 18, 2014 VAUGHAN COMMITTEE OF ADJUSTMENT Page 1 of 1 TO: FROM: Todd Coles, Committee of Adjustment Grant Uyeyama, Interim Director of Planning, and Director of Development Planning MEETING DATE: June 26, 2014 OWNER: Villa Royale Shopping Centre Inc FILE(S): A161/14 Location: Proposal: 9750 Weston Road Ward 3, Vicinity of Weston Road and Major Mackenzie Drive The Owner is requesting permission to construct additional 2 nd floor office space ( Building B ) with the following variances: Variance Proposed Required 1 Minimum number of parking spaces 2 Maximum gross floor area 3, m 2 2, m 2 Official Plan: Comments: The subject lands are designated Low-Rise Mixed Use by the 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. The owner is proposing an addition of m² gross floor area to Building B, thereby resulting in a parking deficiency of 26 parking spaces on the site. The Owner has submitted a parking study prepared by Nextrans Engineering to support the proposed reduction in parking. The Development/Transportation Engineering Department has reviewed the parking study and has no objections to the proposal. The Vaughan Planning Department supports the application. Accordingly, the Development 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: The Planning Department supports Minor Variance Application File A161/14. Condition(s): 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

26 RECEIVED May 21, 2014 VAUGHAN COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) To: Committee of Adjustment From: Pia Basilone, Building Standards Department Date: May 21, 2014 Name of Owner: Villa Royale Shopping Centre Inc. Location: 9750 Weston Road Part of Lot 19, Conc. 6 Block 102, 65M-3476 File No.(s): A161/14 Zoning Classification: The subject lands are zoned C3 Commercial, and subject to the provisions of Exception 9(1041) under By-law 1-88 as amended. Proposal: 1. To permit a total number of 159 parking spaces. 2. To permit a maximum gross floor area of 3,073.68m2. By-Law Requirements: 1. A minimum of 185 parking spaces are permitted. 2. A maximum gross floor area of 2,787.00m2 is permitted. Staff Comments: Stop Work Orders and Orders to Comply: There are no outstanding Orders on file. Building Permits Issued: A building permit will be required for the interior alternations of the second floor. Other Comments: Parking spaces have been calculated based on the total gross floor area of Buildings A and B and the addition of the second floor in Building B of m2 which totals 3,073.68m2. The calculation is 6 spaces per 100m2 which equals 185. Please confirm this total and please make sure there are 159 spaces on site. Please note: The site is existing. These comments are solely based on the second floor addition and the requirements thereto. Full detailed drawings with full size site plans and elevations have not been provided; therefore, the applicant shall be advised that additional variances may be required upon review of detailed drawings for building permit. 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.

27 RECEIVED June 5, 2014 DATE: June 5, 2014 VAUGHAN COMMITTEE OF ADJUSTMENT TO: FROM: Todd Coles, Committee of Adjustment Nadia Porukova, Development/Transportation Engineering MEETING DATE: June 26, 2014 OWNER: VILLA ROYALE SHOPPING CENTRE INC. FILE(S): Minor Variance Application A161/14 Location: Part of Lot 19, Concession 6, (Block 102, Registered Plan 65M- 3476, municipally known as 9750 Weston Road, Woodbridge). Proposal: 1. To permit a total number of 159 parking spaces. 2. To permit a maximum gross floor area of 3,073.68m 2. By-Law Requirements: 1. A minimum of 185 parking spaces are permitted. 2. A maximum gross floor area of 2,787.00m 2 is permitted. Comments: Condition(s): The Development /Transportation Engineering Department received a report prepared by Nextrans Engineering, dated May 28, The study accounted for vacant and proposed GFA by applying the existing by-law 1-88 parking rates. The study indicates that, if the site was fully occupied, there would be a total demand of 155 parking spaces. The study concludes that the anticipated parking demand generated from the proposed development can be sufficiently accommodated with the existing parking supply. The Development/Transportation Engineering Department agrees with the methodologies and conclusion of the study and has no objection to the above-noted application. None

28 Date: June 2, 2014 Attention: Lenore Providence RE: Request for Comments File No. A161/14 Related Files: Applicant: Location: Villa Royale Shopping Centre Inc Weston 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

29 Providence, Lenore Subject: FW: A161/14 - REQUEST FOR COMMENTS (City of Vaughan Committee of Adjustment) RECEIVED JUNE 9, 2014 Committee of Adjustment From: Singh, Christian (MTO) [mailto:christian.singh@ontario.ca] Sent: Monday, June 09, :53 AM To: Providence, Lenore Subject: RE: A161/14 - REQUEST FOR COMMENTS (City of Vaughan Committee of Adjustment) Good Day Lenore, After review, the following application A161/14 minor variance for 9750 Weston Road does not fall within the Ministry s permit control. Therefore the Ministry has no comments to provide. Should you have any other questions or concerns please do not hesitate to contact me. Sincerely, Chris Singh 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