7815 Dufferin St. & 30 Belfield Court, Thornhill

Transcription

1 File: B060/14 Item # 6 Ward #5 Applicant: ROBERTO DI FLAVIANO Address: Agent: 7815 Dufferin St. & 30 Belfield Court, Thornhill NONE Comments/Conditions: Commenting Department Comment Condition of Approval Finance Real Estate Development Planning Building Standards - Engineering - TRCA PowerStream 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 CONSENTS FILE NUMBER: B060/14 APPLICANT: PROPERTY: ROBERTO DI FLAVIANO Part of Lot 6, Concession 2 (Part of Lots 59 and 60, of Registered Plan 3541 and Part of Block 7 of Registered Plan 65M-2904, municipally known as 7815 Dufferin Street and 20 Belfield Court, Thornhill). ZONING: The subject lands are zoned R1, Residential (7815 Dufferin Street) under By-law 1-88 as amended and R3, Residential subject to Exception 9(641) under By-law 1-88 as amended. PURPOSE: To request the consent of the Committee of Adjustment to grant a CORRECTION OF TITLE of the parcel of land marked "A" on the sketch attached for residential purposes and retain the lands marked "B" for residential purposes. Currently both the subject and the retained lands have a single family detached dwelling. BACKGROUND INFORMATION: Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Consent Applications: B062/92, B063/92, B064/92 & B065/92 - APPROVED OCT 29/92 - Creation of new lots. (Deeds Stamped Jun. 2/93) 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, NOVEMBER 6, 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 22ND DAY OF OCTOBER, 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: B060/14 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 Phone: (905) Fax: (905) APPLICANT: ROBERTO DI FLAVIANO Subject Area Municipally known as 7815 Dufferin St. & 30 Belfield Court, Thornhill

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15 Providence, Lenore Subject: FW: B060/14 - REQUEST FOR COMMENTS - City of Vaughan Committee of Adjustment RECEIVED SEPTEMBER 26, 2014 Committee of Adjustment From: Liuni, Terry On Behalf Of Development Finance Sent: Friday, September 26, :34 AM To: Attwala, Pravina; Chiovitti, Mark; Coles, Todd; Providence, Lenore Subject: RE: B060/14 - REQUEST FOR COMMENTS - City of Vaughan Committee of Adjustment Conditions: 1. The owner shall pay all taxes as levied, if required. Payment is to be made by certified cheque, to the satisfaction of the City of Vaughan Development Finance and Investments Department (contact Terry Liuni to have this condition cleared). Please Note: Terry 1. That the payment of the City Development Charge is payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and City-wide Development Charge By-law in effect at time of payment. 2. That the payment of Region of York Development Charge is payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and Regional Development Charges By-laws in effect at time of payment. 3. That the payment of Education Development Charge is payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and York Region District School Board and York Catholic District School Board Development Charges By-laws in effect at time of payment 1

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17 DATE: October 28, 2014 RECEIVED October 28, 2014 VAUGHAN COMMITTEE OF ADJUSTMENT Page 1 of 3 TO: FROM: Todd Coles, Committee of Adjustment Grant Uyeyama, Director of Development Planning MEETING DATE: November 6, 2014 OWNER: Roberto DeFlaviano FILE(S): B060/14 Location: Proposal: Official Plan: 7815 Dufferin Street and 30 Belfield Court Ward 5, Vicinity of Dufferin Street and Centre Street The Owner is requesting permission for a Correction of Title. The east subject lands, 30 Belfield Court, are designated Low Rise Residential by the new City of Vaughan Official Plan 2010 (VOP 2010), which was approved, in part, by the Ontario Municipal Board on February 3, The west subject lands, 7815 Dufferin Street, are designated General Commercial by in-effect OPA #210 (Thornhill- Vaughan Community Plan), as amended by OPA #671. The subject lands are also designated Community Commercial Mixed Use by the new City of Vaughan Official Plan 2010 (VOP 2010), and further identified as an area requiring a secondary plan Dufferin Street and Centre Street, which is not yet completed, and also designated Commercial Mixed Use Area C by the Centre Street Corridor Area Specific Plan, which was adopted by Vaughan Council on April , but has not yet been approved. The proposal conforms to the policies of the in-effect Official Plan. Cultural Heritage Division Comments: 1) Cultural Services does not have any objection to the subject Committee of Adjustment application. 2) Notwithstanding the above, the subject parcel of land lies in an area identified as a being of high archaeological potential in the City s database of archaeological resources. Cultural Heritage does not have any record indicating an archaeological assessment has been completed for the proposed property. The owner and applicant are to be informed that in the event that a future development be proposed, an archaeological assessment and clearance of conditions may be required of any future development on the subject lands as follows: 1. The proponent shall at their expense carry out an archaeological assessment of the entire development property, and mitigate through preservation or resource removal and documentation all adverse impacts to any significant archaeological resources found. 2. No demolition, grading or other soil disturbances shall take place on the subject property prior to the approval authority confirming that all archaeological resource concerns have met resource conservation requirements. Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

18 Page 2 of 3 3. The property will be assessed by a consultant archaeologist, licensed by the Ministry of Tourism, Culture and Sport under the provisions of the Ontario Heritage Act (R.S.O. 1990); and any significant sites found will be properly mitigated (avoided or excavated), prior to the initiation of construction, servicing, landscaping or other land disturbances. 4. The consultant archaeologist will submit 1) 1:10,000 scale mapping that clearly outlines the limits of the property subject to assessment and the locations of any new archaeological site locations; and 2) a copy of the relevant assessment report(s) all to the Cultural Services Department, in accordance with the Ministry of Tourism, Culture and Sport Standards and Guidelines for Consultant Archaeologists, The applicant is also to be made aware that as of January 2011, consultation with First Nations communities is mandatory for archaeological assessments that meet certain criteria, including but not limited to all Stage 3 to Stage 4 assessments. More information regarding consultation with First Nations communities can be found in the living document Engaging Aboriginal Communities in Archaeology, 2010 available on the Ministry of Tourism, Culture and Sport website. 6. Areas deemed to have no remaining archaeological integrity by a licensed consultant archaeologist will be excluded from the zone of archaeological potential. 7. In areas where there is no identified archaeological potential, the following standard clauses apply for lands being disturbed for development/construction, as required by the Ministry of Tourism, Culture and Sport: 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, Urban Design and Cultural Heritage Section 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. 8. The land owner should be aware that areas deemed to be of high archaeological significance by a licensed archaeologist, including but not limited to First Nations village and ossuary sites, shall be excluded from the calculation of developable area of a property, and may be included as a part of open space land dedications. 9. Prior to final approval of any Development Planning or Building Permit application, the owner shall agree that no development or grading shall occur on any site identified as Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

19 Page 3 of 3 being archaeologically significant as a result of the archaeological evaluation carried out on the property, until such time as protective and measures of all significant archaeological sites have been fulfilled to the satisfaction of the Ministry of Tourism, Culture and Sport (Archaeology Unit) and the municipality. Development Planning Division Comments: The lands were previously subject to Consent Application B65/92. The Applicant advises that the lands were not correctly registered with the Land Registry Office and were subsequently merged on title. The subject application is to recognize the original approval for severance. The Planning Department is of the opinion that the proposal meets the intent of the Official Plan and the consent criteria stipulated in Section 51(24) of the Planning Act. Recommendation: Condition(s): The Planning Department supports Consent Application B060/14. None. Report Prepared By: Gillian McGinnis, Planner 1 Cecilia Nin-Hernandez, Cultural Heritage Coordinator Christina Napoli, Senior Planner Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

20 Building Standards Department RECEIVED September 25, 2014 VAUGHAN COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) To: Committee of Adjustment From: Marie Kennedy, Building Standards Department Date: September 25, 2014 Name of Owner: Roberto DeFlaviano Location: 7815 Dufferin Street & 30 Belfield Court RP 3541, Part Lots 59 and 60 File No.(s): B060/14 Zoning Classification of the Subject Lands: The subject lands are zoned R1, Residential (7815 Dufferin Street) under By-law 1-88 as amended and R3, Residential subject to Exception 9(641) under By-law 1-88 as amended. Staff Comments: The purpose of this application is for the Correction of Title only. Stop Work Orders and Orders to Comply: None Comments for Committee of Adjustment Staff and Applicant: None Conditions of Approval: None Please note: These comments are based on a review of the documentation supplied with this application.

21 DATE: October 28, 2014 TO: FROM: Todd Coles, Committee of Adjustment Otello Santini, Development/Transportation Engineering MEETING DATE: November 6, 2014 OWNER: ROBERTO DI FLAVIANO FILE(S): B060/14 Location: Part of Lot 6, Concession 2, Part of Lots 59 and 60, of Reference Plan 3541 and Part of Block 7 of Registered Plan 65M-2904, municipally known as 7815 Dufferin Street and 20 Belfield Court. Proposal: The Owner is requesting permission through the subject consent application for the purpose of the Correction of Title of the subject lands. General Description: The subject lands are located on Belfield Court, east of Dufferin Street and north of Centre Street. Comments: The Development/Transportation Engineering Department has no comments or objection to Consent Application B060/14. Condition(s): None.

22 Date: October 15, 2014 Attention: Lenore Providence RE: Request for Comments File No. B060/14 Related Files: Applicant: Location: Roberto Di Flaviano 7815 Dufferin Street and 20 Belfield Court, Thornhill COMMENTS: (BY ONLY) We have reviewed the proposed Consent Application and have no comments or objections to its approval. X We have reviewed the proposed Consent Application and have no objections to its approval, subject to the following comments (attached below). We have reviewed the proposed Consent Application and have the following concerns (attached below). PowerStream has received and reviewed the proposed Consent Application. This review, however, does not imply any approval of the project or plan. All proposed billboards, signs, and other structures associated with the project or plan must maintain minimum clearances to the existing overhead or underground electrical distribution system as specified by the applicable standards, codes and acts referenced. In the event that construction commences, and the clearance between any component of the work/structure and the adjacent existing overhead and underground electrical distribution system violates the Occupational Health and Safety Act, the customer will be responsible for 100% of the costs associated with 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