Committee of Adjustment Agenda

Transcription

1 Committee of Adjustment Agenda Hearing Date: July 19, 2018 Time: 7:00 p.m. Location: 225 East Beaver Creek Road, 1 st Floor (Council Chambers) Staff reports obtained online do not include hard copy information associated with the file (i.e. key maps, additional correspondence received etc.). For a comprehensive report please contact Committee of Adjustment Staff at or committeeofadjustment@richmondhill.ca. Staff Reports are subject to change. Call to Order Disclosure of Pecuniary Interest Requests for Adjournment /Withdrawals from July 19, 2018 Agenda New Applications Item A: Consent Application B045/18 ( th Avenue) To sever a parcel of land for residential purposes approximately metres (73.22 feet) by metres (99.63 feet), approximately square metres (6, square feet),and retain a parcel of land approximately metres (59.71 feet) by metres ( feet), approximately square metres (64, square feet). The severed land will have frontage onto Heathmont Court and the retained land will have frontage onto 19th Avenue. Item B: Consent Application B046/18 (17 Pearson Avenue) To sever a parcel of land for residential purposes approximately metres (50.00 feet) by irregular, approximately square metres (8, square feet) and retain a parcel of land approximately metres (50.00 feet) by irregular, approximately square metres (8, square feet). The severed and retained land will have frontage onto Pearson Avenue. One single family dwelling is to be demolished. Committee of Adjustment Agenda: July 19, 2018 Page 1

2 Item C: Minor Variance Application A039/18 (8868 Yonge Street) To provide relief form the provisions of By-law 7-16, as amended as follows: to vary the established grade definition to remove geodetic elevation and add average elevation at front wall and to vary Schedule B for a reduced minimum interior side yard (south) setback to Building A tower from 6.25 metres (20.50 feet) to 5.80 metres (19.03 feet), reduced minimum side yard setback (north) Building B tower from metres (38.71 metres (38.71 feet) to 7.66 metres (25.13 feet), a reduced tower separation between Buildings A and B from metres (95.80 feet) to metres (86.94 feet), reduced minimum rear yard setback to Building B Tower from 6.50 metres (21.31 feet) to 5.60 metres (18.37 feet) and to vary the definition of building height as follows: means the vertical distance between the average elevation of the finished surface of the ground at the front of the building. For Building A, the front of the building shall be along Yonge Street and for Building B the front of the building shall be along the interior driveway between Building A & B. Item D: Minor Variance Application A093/17 (41 Garden Avenue) To provide relief from the provisions of By-law 2523, as amended, to permit reduced minimum front yard setback from 9.14 metres (30.00 feet) to 3.81 metres (12.50 feet) to accommodate an existing garage. Other Business Approval of Minutes: June 21, 2018 Motion to Adjourn Committee of Adjustment Agenda: July 19, 2018 Page 2

3 Committee of Adjustment Staff Report Agenda Item: A Hearing Date: July 19, 2018 Time: 7:00 p.m. Location: 225 East Beaver Creek Road, 1 st Floor (Council Chambers) Application Information: Consent Application B045/18 Related Applications: N/A Subject Land: th Avenue Name of Owner: Haixia Cao Name of Agent: Evans Planning Inc. (Paul Tobia) The Request: To sever a parcel of land for residential purposes approximately metres (73.22 feet) by metres (99.63 feet), approximately square metres (6, square feet),and retain a parcel of land approximately metres (59.71 feet) by metres ( feet), approximately square metres (64, square feet). The severed land will have frontage onto Heathmont Court and the retained land will have frontage onto 19th Avenue. Present Designation: Official Plan: Neighbourhood and Natural Core Zoning Classification: Single Detached Six (R6) Zone and Environmental Protection Area Two (EPA2) Zone Zoning By-law: By-law , as amended, By-law Zoning Provisions (R6): Minimum Lot Frontage (Interior): 15 metres (49.21 feet) Minimum Lot Area (Interior): 500 square metres (5, square feet) Maximum Lot Coverage: 40% Minimum Front Yard: 4.5 metres (14.76 feet) Minimum Side Yard: 1.5 metres (4.92 feet) Minimum Rear Yard: 7.5 metres (24.61 feet) Maximum Height: 11 metres (36.1 feet) Committee of Adjustment Agenda: July 19, 2018 Page 3

4 Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the north side of 19 th Avenue, west of Jefferson Forest Drive and have a total lot area of hectares (1.63 acres). Currently, the subject lands support a single detached dwelling which has frontage on both 19 th Avenue and Heathmont Court with access from 19 th Avenue. The subject lands are traversed by the valley corridor of a tributary of the Rouge River, are partially within the Regulatory Flood Plain and also contain a man-made pond. The lands abut residential uses to the north and east, environmental lands to the west, and 19 th Avenue to the south. Municipal servicing currently runs through the existing lot, necessitating registered easements through the lands. Committee of Adjustment: This application was circulated to the commenting departments and agencies on June 19, Public notice was mailed on July 5, The applicant confirmed posting of public notice sign in accordance with the Planning Act on July 4, Previous and/or Concurrent applications on the subject lands: D Zoning By-law Amendment Note: Future Development of the subject land may occur in accordance with the provisions of the Town s Zoning By-law. Architectural design as shown on any elevation drawings and floor plans is provided for information purposes only and does not form part of the Committee s decision. Planning & Regulatory Services Department Building / Zoning: The proposed consent application will not create areas of non-compliance with respect to the Zoning By-law. Planning: The applicant is seeking approval to sever a parcel of land for residential purposes approximately metres (73.22 feet) by metres (99.63 feet), approximately square metres (6, square feet), and retain a parcel of land approximately metres (59.71 feet) by metres ( feet), approximately 5, square metres (64, square feet). The severed land will have frontage onto Heathmont Court and the retained land will have frontage onto 19 th Avenue. A Zoning By-law Amendment application (Town File D ) was approved in May 2018 to rezone the subject lands from Rural Residential One (RR1) Zone under By-law , as amended, to Single Detached Six (R6) Zone and Environmental Protection Committee of Adjustment Agenda: July 19, 2018 Page 4

5 Two (EPA2) Zone under By-law , as amended, in order to permit the creation of one additional building lot for single detached residential purposes. Through approval of the Zoning By-law Amendment application, staff noted that through the Consent approval stage the lands zoned EPA2 are to be dedicated to a public authority and appropriate tree replanting will be implemented and securities will be required for the tree restoration works. Further, an access easement in favour of the owner will be required for the existing driveway over the future Town owned land zoned EPA2. It was also noted that any future redevelopment of the retained lot shall provide access from Heathmont Court and the existing driveway with access from 19 th Avenue shall be removed. Planning staff has reviewed the consent application and conclude that the proposed severance is in line with the provisions of the Zoning By-law Amendment application. Based on the aforementioned, Planning staff is satisfied that the proposed consent complies with the criteria listed under subsection 51(24) of the Planning Act; therefore, it is recommended that Consent application B045/18 be approved. Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: The Development Engineering Section has reviewed the subject application and based the materials submitted and our findings we have no concerns or objections, at this time. Applicants are encouraged to make submissions to satisfy the following conditions expeditiously following the receipt of a Notice of No Appeal. This is to ensure ample processing time in consideration of other applications in the processing queue and related staff workloads. Applicants are advised that some of these conditions involve lengthy processing times. Please do not wait until the end of the one year period to make submission and face possible lapsing of these conditions. Grading Condition That the applicant: Reference # Condition Description 1. Submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the severed and retained lands along with the adjoining lands; 2. Obtain the Town's approval of the grading plan referred to in (1); 3. Enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii) grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town Solicitor deems to be an encumbrance or claim; and Committee of Adjustment Agenda: July 19, 2018 Page 5

6 Reference # Condition Description 4. Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim. Further Grading Related Information Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be directed to Mike Ayers, Development Engineering Technologist, Development Engineering Division, The Town's current fees for such services are as per the currently amended Tariff of Fees By-law Fee Description: Fee: Plan Review $ HST Agreement Preparation $ or $2, HST Registration/Admin. $ Install Catchbasin $ 3, HST Survey Layout $ HST C.C.T.V. Scan $ HST x 2 = $1, Install 250 mm Catchbasin Lead $ per metre + HST Install Cleanout $ HST Decommission Catchbasin $ HST Service Connection Condition The applicant arrange for the installation of service connections to render the severed parcel fully serviced. As the severed parcel fronts a municipal road forming part of an unassumed subdivision (19T(R)-97010), it is the responsibility of the applicant to make arrangement with the subdivision developer Heathmont Estates Inc. for the installation of Storm, Sanitary and Water services. Upon the completion of service installation, a letter of certification from the developer s engineer will be required indicating compliance with the overall subdivision design. In addition, while not a condition of consent, consideration should be given to the installation of service connections to render the retained parcel fully serviced in place of the privately owned and operated well and septic system. Arrangements and payment for service connections can be made through: Matt Wong Urbantech Consulting th Avenue, Suite 301 Markham ON L3R 3T7 TEL: Ext mwong@urbantech.com Registered Plans That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions. Committee of Adjustment Agenda: July 19, 2018 Page 6

7 Reserve Block - Reference Plan Condition That the applicant prepares and deposits a reference plan detailing the portion of the existing reserve block bounding the subject lands and the existing municipal right of way, as a separate part. For the applicant s information, and to allow adequate processing time, this reference plan must be submitted a minimum of two months prior to the applicants anticipated completion of the severance. This is due to the need for an authorizing By-Law to be enacted prior to the lifting of the subject portion of the reserve block, providing access for the severed or retained lands of municipal services and the right of way. The existing reserve adjacent to the road allowance is to be: Dedicated as a public highway. The necessary By-Law must be enacted prior to satisfaction of the condition. Transferred to the abutting property owner. This transfer shall be completed prior to satisfaction of the condition. Parks & Natural Heritage: Comments to the Committee: The severance sketch contains 3 parcels: the Lands to be Severed, Lands to be Retained and Lands to be Conveyed to a Public Authority. Parks staff requires the following conditions of approval: The Lands to be Conveyed to a Public Authority shown on the Severance Sketch be dedicated to the Town of Richmond Hill. A temporary access easement shall be registered benefitting the lands to be retained. The temporary easement shall expire upon development or redevelopment of the lands to be retained, and shall require the restoration of the easement lands upon expiry. 10 trees be planted in accordance with the replanting plan in the Arborist Report and Tree Preservation Plan prepared by Maple Hill Tree services revised on October 3, The trees must be planted before the winter and survive over wintering to the satisfaction of Town staff. Comments to the applicant, for future reference: The Town will require access to the retained parcel be via Heathmont Court when development or redevelopment occurs. The Arborist Report recommends removal of trees to construct a house on the severed lot. While tree replacement requirements will be dealt with at the time of the building permit, please note the Town would not oppose replanting the trees on the Lands to be Conveyed to a Public Authority. The property is subject to Tree Preservation By-law No Cutting and injuring trees greater than 20 centimetres DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Any retained trees should be protected in accordance with Town standards. Committee of Adjustment Agenda: July 19, 2018 Page 7

8 By-law Enforcement: No response. Heritage: Corporate & Financial Services: 1. No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the forgoing, which agreement must be registered on title to the severed parcel for the purpose of notice. Further the applicant shall be required to pay the sum of $ to reimburse the Town for the cost of registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department). 2. Payment of all current and outstanding taxes to date of consent: 3. Please note that the Town, Regional and Educational Development Charges are payable prior to building permit issuance. Water meter and tree charges are also applicable at that time. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: No response. Bell Canada: No objections. York Region Transportation & Community Planning Department: York Region has reviewed Consent Application B045/18. With respect to this application, the Region requires that the following conditions of approval be satisfied (comments attached): 1. Prior to final approval, the Owner shall convey the following lands to York Region for public highway purposes free of all costs and encumbrances, to the satisfaction of the Regional Solicitor: a. A widening across the full frontage of the site where it abuts 19 th Avenue of sufficient width to provide a minimum of 21.5 metre(s) from the centre line of construction of 19 th Avenue. 2. The Owner shall provide a solicitor s certificate of title in a form satisfactory to the Regional Solicitor, at no cost to the Region, with respect to the conveyance of these lands to York Region. Committee of Adjustment Agenda: July 19, 2018 Page 8

9 3. The Owner shall arrange for the preparation, review and deposit on title of a reference plan describing the lands to be conveyed to the Region, as described above, to the satisfaction of the Regional Planning and Economic Development Branch. 4. The Region requires the Owner submit a Phase One Environmental Site Assessment ( ESA ) in general accordance with the requirements of the Environmental Protection Act and O. Reg. 153/04 Records of Site Condition, as amended ( O. Reg. 153/04 ). The Phase One ESA must be for the Owner s property that is the subject of the application and include the lands to be conveyed to the Region (the Conveyance Lands ). The Phase One ESA cannot be more than two (2) years old at: (a) the date of submission to the Region; and (b) the date title to the Conveyance Lands is transferred to the Region. If the originally submitted Phase One ESA is or would be more than two (2) years old at the actual date title of the Conveyance Lands is transferred to the Region, the Phase One ESA will need to be either updated or a new Phase One ESA submitted by the Owner. Any update or new Phase One ESA must be prepared to the satisfaction of the Region and in general accordance with the requirements of O. Reg. 153/04. The Region, at its discretion, may require further study, investigation, assessment, delineation and preparation of reports to determine whether any action is required regardless of the findings or conclusions of the submitted Phase One ESA. The further study, investigation, assessment, delineation and subsequent reports or documentation must be prepared to the satisfaction of the Region and in general accordance with the requirements of O. Reg. 153/04. Reliance on the Phase One ESA and any subsequent reports or documentation must be provided to the Region in the Region s standard format and/or contain terms and conditions satisfactory to the Region. The Region requires a certified written statement from the Owner that, as of the date title to the Conveyance Lands is transferred to the Region: (i) there are no contaminants of concern, within the meaning of O. Reg. 153/04, which are present at, in, on, or under the property, or emanating or migrating from the property to the Conveyance Lands at levels that exceed the MOECC full depth site condition standards applicable to the property; (ii) no pollutant, waste of any nature, hazardous substance, toxic substance, dangerous goods, or other substance or material defined or regulated under applicable environmental laws is present at, in, on or under the Conveyance Lands; and (iii) there are no underground or aboveground tanks, related piping, equipment and appurtenances located at, in, on or under the Conveyance Lands. The Owner shall be responsible for all costs associated with the preparation and delivery of the Phase One ESA, any subsequent environmental work, reports or other documentation, reliance and the Owner s certified written statement. 5. These applications are subject to York Region s development applications processing fee in accordance with (By-law ). The review fee for each Consent to Sever is $810. The fee for Review and Approval of the Environmental Site Assessment Report fee is $1,500. These fees are required to proceed with the review. Committee of Adjustment Agenda: July 19, 2018 Page 9

10 The owner shall provide the Region with a cheque made payable to The Regional Municipality of York and forwarded to the Development Review Coordinator, Planning and Economic Development Branch. 6. The lot fronts onto19th Avenue; therefore, the Owner is to be notified that the Regional YDSS Interceptor Sewer is located in the 19th Avenue Right of Way and the integrity of the aforementioned infrastructure is to be maintained at all time during the grading and construction activities of the proposed development. The additional residential development created by this consent requires servicing capacity allocation and a servicing drawing that includes how the new dwelling and the dwelling at th Avenue are serviced by way of wastewater and water. 7. Prior to final approval, the Planning and Economic Development Branch shall certify that Conditions 1-6 have been met to its satisfaction. Toronto & Region Conservation Authority: TRCA staff has no objection to the above noted application as currently submitted, subject to the following condition: 1. The applicant remits the outstanding TRCA Planning Services review fee of $ The lands containing the floodplain and buffer are conveyed to the Town of Richmond Hill: and 3. The Replanting Plan submitted as part of the associated Zoning By-law Amendment application is implemented in fill. *TRCA comments have been attached. CN Rail: TransCanada Pipeline: Abutting Municipality Not circulated Ministry of Transportation: Outside of MTO Permit Area. Infrastructure Ontario: Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended: Committee of Adjustment Agenda: July 19, 2018 Page 10

11 Reference # Department / Agency Contact: 1. Development Engineering: Michael Ayers Condition: 1. Submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the severed and retained lands along with the adjoining lands; 2. Obtain the Town's approval of the grading plan referred to in (1); 3. Enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii) grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town Solicitor deems to be an encumbrance or claim; and 2. Development Engineering: Michael Ayers Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim. That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions Committee of Adjustment Agenda: July 19, 2018 Page 11

12 3. Matt Wong Urbantech Consulting th Avenue, Suite 301 Markham ON L3R 3T7 Telephone: Ext The applicant arrange for the installation of service connections to render the severed parcel fully serviced. As the severed parcel fronts a municipal road forming part of an unassumed subdivision (19T(R)-97010), it is the responsibility of the applicant to make arrangement with the subdivision developer Heathmont Estates Inc. for the installation of Storm, Sanitary and Water services. Upon the completion of service installation, a letter of certification from the developer s engineer will be required indicating compliance with the overall subdivision design. In addition, while not a condition of consent, consideration should be given to the installation of service connections to render the retained parcel fully serviced in place of the privately owned and operated well and septic system. 4. Development Engineering: Michael Ayers That the applicant prepares and deposits a reference plan detailing the portion of the existing reserve block bounding the subject lands and the existing municipal right of way, as a separate part. For the applicant s information, and to allow adequate processing time, this reference plan must be submitted a minimum of two months prior to the applicants anticipated completion of the severance. This is due to the need for an authorizing By-Law to be enacted prior to the lifting of the subject portion of the reserve block, providing access for the severed or retained lands of municipal services and the right of way. The existing reserve adjacent to the road allowance is to be: Dedicated as a public highway. The necessary By- Law must be enacted prior to satisfaction of the condition. Transferred to the abutting property owner. This transfer shall be completed prior to satisfaction of the condition. Committee of Adjustment Agenda: July 19, 2018 Page 12

13 5. Finance: Anna Romano Finance: Anna Romano Region of York Gabrielle Hurst Ext Region of York Gabrielle Hurst Ext Region of York Gabrielle Hurst Ext No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the forgoing, which agreement must be registered on title to the severed parcel for the purpose of notice. Further the applicant shall be required to pay the sum of $ to reimburse the Town for the cost of registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department). Payment of all current and outstanding taxes to date of consent. Prior to final approval, the Owner shall convey the following lands to York Region for public highway purposes free of all costs and encumbrances, to the satisfaction of the Regional Solicitor: a. A widening across the full frontage of the site where it abuts 19 th Avenue of sufficient width to provide a minimum of 21.5 metre(s) from the centre line of construction of 19 th Avenue. The Owner shall provide a solicitor s certificate of title in a form satisfactory to the Regional Solicitor, at no cost to the Region, with respect to the conveyance of these lands to York Region. The Owner shall arrange for the preparation, review and deposit on title of a reference plan describing the lands to be conveyed to the Region, as described above, to the satisfaction of the Regional Planning and Economic Development Branch. Committee of Adjustment Agenda: July 19, 2018 Page 13

14 10. Region of York Gabrielle Hurst Ext The Region requires the Owner submit a Phase One Environmental Site Assessment ( ESA ) in general accordance with the requirements of the Environmental Protection Act and O. Reg. 153/04 Records of Site Condition, as amended ( O. Reg. 153/04 ). The Phase One ESA must be for the Owner s property that is the subject of the application and include the lands to be conveyed to the Region (the Conveyance Lands ). The Phase One ESA cannot be more than two (2) years old at: (a) the date of submission to the Region; and (b) the date title to the Conveyance Lands is transferred to the Region. If the originally submitted Phase One ESA is or would be more than two (2) years old at the actual date title of the Conveyance Lands is transferred to the Region, the Phase One ESA will need to be either updated or a new Phase One ESA submitted by the Owner. Any update or new Phase One ESA must be prepared to the satisfaction of the Region and in general accordance with the requirements of O. Reg. 153/04. The Region, at its discretion, may require further study, investigation, assessment, delineation and preparation of reports to determine whether any action is required regardless of the findings or conclusions of the submitted Phase One ESA. The further study, investigation, assessment, delineation and subsequent reports or documentation must be prepared to the satisfaction of the Region and in general accordance with the requirements of O. Reg. 153/04. Reliance on the Phase One ESA and any subsequent reports or documentation must be provided to the Region in the Region s standard format and/or contain terms and conditions satisfactory to the Region. Committee of Adjustment Agenda: July 19, 2018 Page 14

15 The Region requires a certified written statement from the Owner that, as of the date title to the Conveyance Lands is transferred to the Region: (i) there are no contaminants of concern, within the meaning of O. Reg. 153/04, which are present at, in, on, or under the property, or emanating or migrating from the property to the Conveyance Lands at levels that exceed the MOECC full depth site condition standards applicable to the property; (ii) no pollutant, waste of any nature, hazardous substance, toxic substance, dangerous goods, or other substance or material defined or regulated under applicable environmental laws is present at, in, on or under the Conveyance Lands; and (iii) there are no underground or aboveground tanks, related piping, equipment and appurtenances located at, in, on or under the Conveyance Lands. The Owner shall be responsible for all costs associated with the preparation and delivery of the Phase One ESA, any subsequent environmental work, reports or other documentation, reliance and the Owner s certified written statement. 11. Region of York Gabrielle Hurst Ext These applications are subject to York Region s development applications processing fee in accordance with (By-law ). The review fee for each Consent to Sever is $810. The fee for Review and Approval of the Environmental Site Assessment Report fee is $1,500. These fees are required to proceed with the review. The owner shall provide the Region with a cheque made payable to The Regional Municipality of York and forwarded to the Development Review Coordinator, Planning and Economic Development Branch. 12. Region of York Gabrielle Hurst Ext The lot fronts onto19th Avenue; therefore, the Owner is to be notified that the Regional YDSS Interceptor Sewer is located in the 19th Avenue Right of Way and the integrity of the aforementioned infrastructure is to be maintained at all time during the grading and construction activities of the proposed development. The additional residential development created by this consent requires servicing capacity allocation and a servicing drawing that includes how the new dwelling and the dwelling at th Avenue are serviced by way of wastewater and water. Committee of Adjustment Agenda: July 19, 2018 Page 15

16 13. Region of York Gabrielle Hurst Ext Parks and Natural Heritage 15. Parks and Natural Heritage 16. Parks and Natural Heritage 17. TRCA Nicholas Cascone ext TRCA Nicholas Cascone ext TRCA Nicholas Cascone ext Committee of Adjustment: Committee of Adjustment: Prior to final approval, the Planning and Economic Development Branch shall certify that Conditions 1-6 have been met to its satisfaction. The Lands to be Conveyed to a Public Authority shown on the Severance Sketch be dedicated to the Town of Richmond Hill. A temporary access easement shall be registered benefitting the lands to be retained. The temporary easement shall expire upon development or redevelopment of the lands to be retained, and shall require the restoration of the easement lands upon expiry. 10 trees be planted in accordance with the replanting plan in the Arborist Report and Tree Preservation Plan prepared by Maple Hill Tree services revised on October 3, The trees must be planted before the winter and survive over wintering to the satisfaction of Town staff. That the applicant remits the outstanding TRCA Planning Services review fee of $ The lands containing the floodplain and buffer are conveyed to the Town of Richmond Hill: The Replanting Plan submitted as part of the associated Zoning By-law Amendment application is implemented in fill. That the applicant provides the secretary-treasurer with the legal description of the severed land in the form of a letter or draft transfer prepared by the applicant s solicitor. That the applicant provides one white print of a deposited plan of reference of the entire land which conforms substantially with the application as submitted. Reasons for approval: 1. The proposal conforms to Section 51(24) as required of the Planning Act. 2. The proposal conforms to the Town of Richmond Hill Official Plan. 3. The proposal conforms to the Provincial Policy Statements as required by Section 3(1) of the Planning Act. Committee of Adjustment Agenda: July 19, 2018 Page 16

17 Questions regarding this Staff Report can be directed to: Town of Richmond Hill Committee of Adjustment 225 East Beaver Creek Road, 4 th Floor Richmond Hill, ON L4B 3P4 committeeofadjustment@richmondhill.ca Telephone: If you wish to obtain a copy of the Committee s Decision with respect to this application you must make a written request and provide your full name and mailing address to Committee of Adjustment staff. Committee of Adjustment Agenda: July 19, 2018 Page 17

18 Committee of Adjustment Staff Report Agenda Item: B Hearing Date: July 19, 2018 Time: 7:00 p.m. Location: 225 East Beaver Creek Road, 1 st Floor (Council Chambers) Application Information: Consent Application B046/18 Related Applications: N/A Subject Land: 17 Pearson Avenue Name of Owner: Ya Xi Lu Name of Applicant: PMP Design Group Name of Agent: Design Plan Services Inc. (TJ Cieciura) The Request: To sever a parcel of land for residential purposes approximately metres (50.00 feet) by irregular, approximately square metres (8, square feet) and retain a parcel of land approximately metres (50.00 feet) by irregular, approximately square metres (8, square feet). The severed and retained land will have frontage onto Pearson Avenue. One single family dwelling is to be demolished. Present Designation: Official Plan: Neighbourhood Zoning Classification: Third Density Residential (R3) Zone Zoning By-law: By-law 2523, as amended, By-law Zoning Provisions: Minimum Lot Frontage (Interior): metres (50 feet) Minimum Lot Area (Interior): square metres (6,000 square feet) Maximum Lot Coverage: 30% Minimum Front Yard: 9.5 metres (31.17 feet) Minimum Interior Side Yard: 1.52 metres (4.99 feet) Minimum Rear Yard: 7.62 metres (25 feet) Maximum Height: metres (35 feet) Front Yard Encroachment: 2 metres (6.56 feet) (unenclosed and/or uncovered porches) Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the Committee of Adjustment Agenda: July 19, 2018 Page 18

19 responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the east side of Pearson Avenue, south of Westwood Lane, have a total lot area of 0.17 hectares (0.42 acres) and a lot frontage of metres (100 feet). The lands abut existing low density residential dwellings to the north, east and south and Pearson Avenue to the west. The lands currently support a one storey single detached dwelling that is proposed to be demolished. Committee of Adjustment: This application was circulated to the commenting departments and agencies on June 19, Public notice was mailed on July 5, The applicant confirmed posting of public notice sign in accordance with the Planning Act on July 4, Previous and/or Concurrent applications on the subject lands: D Zoning By-law Amendment Note: Future Development of the subject land may occur in accordance with the provisions of the Town s Zoning By-law. Architectural design as shown on any elevation drawings and floor plans is provided for information purposes only and does not form part of the Committee s decision. Planning & Regulatory Services Department Building / Zoning: The proposed consent application will not create areas of non-compliance with respect to the Zoning By-law provided the following clause be added as a condition of consent: 1. That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to Demolition Control By-law No and that the Owner demolish all buildings and/or structures and remove all debris to the satisfaction of the Chief Building Official or; that the Owner make arrangements satisfactory to the Chief Building Official to demolish all buildings and/or structures and remove all debris to his satisfaction. Planning: The applicant is seeking approval to sever a parcel of land for residential purposes, having a lot frontage of metres (50 feet) and a lot area of approximately square metres (8, square feet), and retain a parcel of land for residential purposes, having a lot frontage of metres and a lot area of approximately square metres (8, square feet).the severed and retained lands would both have frontage onto Pearson Avenue. A Zoning By-law Amendment application (Town File D ) was approved in May 2018 to rezone the subject lands from Second Density Residential (R2) Zone under By-law 2523, as amended, to Third Density Residential (R3) Zone under Bylaw 2523, as amended, in order to permit the creation of one additional building lot Committee of Adjustment Agenda: July 19, 2018 Page 19

20 for single detached residential purposes. Planning staff has reviewed the consent application and conclude that the proposed severance is in line with the provisions of the Zoning By-law Amendment application. Based on the aforementioned, Planning staff is satisfied that the proposed consent complies with the criteria listed under subsection 51(24) of the Planning Act; therefore, it is recommended that Consent application B046/18 be approved. Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: The Development Engineering Section has reviewed the subject application and based the materials submitted and our findings we have no concerns or objections, at this time. Applicants are encouraged to make submissions to satisfy the following conditions expeditiously following the receipt of a Notice of No Appeal. This is to ensure ample processing time in consideration of other applications in the processing queue and related staff workloads. Applicants are advised that some of these conditions involve lengthy processing times. Please do not wait until the end of the one year period to make submission and face possible lapsing of these conditions. Conveyance of Lands Condition That the Applicant convey to the Town, free of all costs, objects, structures, and encumbrances, the necessary road widening, determined by a legal survey, to establish: The Town is protecting for a 23 m Road Allowance. A widening through the frontage of Pearson Avenue is required m from the legal centre line of the road is to be Town owned. The deficient amount to be determined by an Ontario Land Surveyor and conveyed to the Town. That the Applicant prepares and deposits a reference plan detailing the road widening and or the daylighting triangle, following the Town s review and acceptance of same. The applicant s surveyor must submit draft reference plans for Town review prior to deposition, to the attention the Development Process Coordinator, Development Engineering Division, (905) / Please provide applicants solicitors contact information upon submission of deposited R-Plan. Grading Condition That the applicant: Reference # Condition Description 1. Submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the severed and retained lands along with the adjoining lands; 2. Obtain the Town's approval of the grading plan referred to in (1); Committee of Adjustment Agenda: July 19, 2018 Page 20

21 Reference # Condition Description 3. Enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii) grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town Solicitor deems to be an encumbrance or claim; and 4. Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim. Further Grading Related Information Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be directed to Mike Ayers, Development Engineering Technologist, Development Engineering Division, The Town's current fees for such services are as per the currently amended Tariff of Fees By-law Fee Description: Fee: Plan Review $ HST Agreement Preparation $ or $2, HST Registration/Admin. $ Install Catchbasin $ 3, HST Survey Layout $ HST C.C.T.V. Scan $ HST x 2 = $1, Install 250 mm Catchbasin Lead $ per metre + HST Install Cleanout $ HST Decommission Catchbasin $ HST Service Connection Condition That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment for the service connections. At time of printing, the Town s fees for standard configuration of services are as follows and may change at any time without notice: Fee Description: Fee: 25 mm water service $1, per metre + HST Combined 25 mm water service with $ per metre + HST storm or sanitary Disconnect Water service $ HST Water disconnect in a combined trench $3, HST 125 sanitary service $1, per metre + HST 150 storm service $1, per metre (if applicable) + HST Combined storm and sanitary service $1, per metre (if applicable and if in same trench) + HST Disconnect Storm or Sanitary $ HST each Committee of Adjustment Agenda: July 19, 2018 Page 21

22 Storm or Sanitary disconnect in a combined trench C.C.T.V. scan $3, HST each $ HST Arrangements and payment for service connections can be made through Mr. Mario Di Salvo, Water Technician, Maintenance & Operations Division, Community Services Department, (905) Registered Plans That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No Cutting and injuring trees (including neighbouring trees) greater than 20 centimetres DBH requires permission (i.e. a permit) from Town staff prior to the undertaking. A tree replacement plan will be a condition of any permit issued. Future development plans should direct development and grading outside of the tree protection zone of retained trees. Trees must be protected in accordance with Town standards prior to undertaking construction or site alteration on the property. By-law Enforcement: No response. Heritage: Corporate & Financial Services: 1. No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the forgoing, which agreement must be registered on title to the severed parcel for the purpose of notice. Further the applicant shall be required to pay the sum of $ to reimburse the Town for the cost of registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department). 2. Payment of all current and outstanding taxes to date of consent. 3. Please note the Town, Regional and Educational Development Charges are payable prior to building permit issuance. Water meter and tree charges are also applicable at that time. Committee of Adjustment Agenda: July 19, 2018 Page 22

23 4. The Town will require land to be conveyed for park or other public recreation purposes or at the option, the Town will require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act for the retained lands unless the Finance Department receives documentation that Parkland was given or cash-in-lieu of parkland was paid on these lands, or that an existing structure is to be demolished. (must build within four years from the date of demolition) 5. Development Charges will also be applicable on the retained lands prior to building permit issuance unless the finance and administration department receives documentation that levies were paid on these lands, or that an existing structure is to be demolished. (must build within four years from the date of demolition) Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: No response. Bell Canada: No objections. York Region Transportation & Community Planning Department: The Regional Municipality of York has completed its review of Consent application B046/18. The Region s conditions are outlined below: Residential development requires servicing capacity allocation prior to final approval. If the Town of Richmond Hill does not grant this development allocation from the existing capacity assignments to date, the development may require additional Regional infrastructure based on conditions of future capacity assignment, which may include: Duffin Creek WPCP Outfall Modification 2021 pending the outcome of the Class EA Other projects as may be identified in future studies. The timing of the above infrastructure is the current estimate and may change as each infrastructure project progresses and is provided for information purposes only. A servicing plan showing how the development is serviced by way of wastewater and water is required. Toronto & Region Conservation Authority: Outside of the TRCA S policy review. CN Rail: TransCanada Pipeline: Committee of Adjustment Agenda: July 19, 2018 Page 23

24 Abutting Municipality Not circulated Ministry of Transportation: Outside of MTO Permit Area. Infrastructure Ontario: Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended: Reference # Department / Agency Contact: 1. Building/Zoning: Cynthia Mackenzie Development Engineering: Development Process Coordinator (905) or (905) Condition: That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to Demolition Control By-law No and that the Owner demolish all buildings and/or structures and remove all debris to the satisfaction of the Chief Building Official or; that the Owner make arrangements satisfactory to the Chief Building Official to demolish all buildings and/or structures and remove all debris to his satisfaction. That the Applicant convey to the Town, free of all costs, objects, structures, and encumbrances, the necessary road widening, determined by a legal survey, to establish: The Town is protecting for a 23 m Road Allowance. A widening through the frontage of Pearson Avenue is required m from the legal centre line of the road is to be Town owned. The deficient amount to be determined by an Ontario Land Surveyor and conveyed to the Town. That the Applicant prepares and deposits a reference plan detailing the road widening and or the daylighting triangle, following the Town s review and acceptance of same. The applicant s surveyor must submit draft reference plans for Town review prior to deposition, to the attention the Development Process Coordinator, Development Engineering Division, (905) / Please provide applicants solicitors contact information upon submission of deposited R-Plan. Committee of Adjustment Agenda: July 19, 2018 Page 24