File: A044/14 Applicant: FLORIA CREEK ESTATES INC. Address: 2839
Rutherford Road, Concord Agent: TINA ARRUDA
Trinistar Corporation Comments/Conditions:
Approval Building Standards Development Planning Engineering TRCA
PowerStream Ministry of Transportation Cultural Services
Legend: - Positive Comment - Negative Comment
Item # 15 Ward #4
Form 9
COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan,
Ontario, L6A 1T1
Tel [905] 832-2281 Fax [905] 832-8535
FILE NUMBER: A044/14 APPLICANT: FLORIA CREEK ESTATES INC. PROPERTY:
Part of Lot 15, Concession 4 (Part 1, Registered Plan No. 65R-27174
municipally
known as 2839 Rutherford Road, Concord) ZONING: The subject lands
are zoned EM1, Prestige Employment Area Zone and subject to
the
provisions of Exception 9(1190) under By-law 1-88 as amended.
PURPOSE: To permit the construction of new office and banquet hall
areas within the
existing building. PROPOSAL: 1. To permit 353 parking spaces.
BY-LAW REQUIREMENT:
1. A minimum of 368 parking spaces are required.
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: Zoning By-Law Amendment File Z.03.036 - Adopted
by Council April 26, 2004. Site Development File DA.04.014 Adopted
by Council April 26, 2004. By-Law 148-2004 Passed by Council May
25, 2004. Minor Variance Application A136/05 - APPROVED June 9 2005
- For 350 parking spaces. A246/04 - APPROVED August 19, 2004 – For
287 parking spaces.
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, FEBRUARY 27, 2014
TIME: 6:00 PM
LOCATION: COMMITTEE ROOM 242/243 (2nd 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) 832-8585/Fax: (905) 832-8535. 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) 832-8585 x.8332. DATED THIS 12th DAY OF FEBRUARY, 2014. Todd
Coles, BES, MCIP, RPP
Manager of Development Services and Secretary-Treasurer to
Committee of Adjustment
Agenda packages will be available prior to the hearing at:
Vaughan.ca/CofA
NOTICE OF APPLICATION MINOR VARIANCE
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Subject Area Municipally known as 2839 Rutherford Road,
Concord
COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, ON L6A
1T1
Phone: (905)832-8585 Fax: (905)832-8535
N
* Comments are based on the review of documentation supplied with
this application.
2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel
(905) 832-2281
To: Committee of Adjustment From: Francesco Morea, Building
Standards Department Date: February 7, 2014 REVISED Name of Owner:
Floria Creek Estates Inc. Location: 2839 Rutherford Road Part of
Lot 15, Concession 4 File No.(s): A044/14 Zoning
Classification:
The subject lands are zoned EM1, Prestige Employment Area Zone and
subject to the provisions of Exception 9(1190) under By-law 1-88 as
amended.
Proposal:
1. To permit 353 parking spaces. By-Law Requirements:
1. A minimum of 368 parking spaces are required. Staff Comments:
Stop Work Orders and Orders to Comply: There are no outstanding
Orders on file.
Building Permits Issued:
A building permit has not been issued. The Ontario Building Code
requires a building permit for structures that exceed 10m2.
Other Comments:
The lot coverage calculation for the building, including the
proposed canopy, has not been provided. Lot coverage shall be
calculated in accordance with the definition of Lot Coverage in
Section 2.0, and the provisions of Subsection 7.2.3 of By-law 1-88
as amended. An additional variance may be required. Changing the
definition of gross floor area as it relates to the calculation of
required parking spaces is not customary when seeking variances for
a reduction in parking. It is therefore recommended that a
reduction in parking is based on a reduced parking requirement (as
provided above). The parking requirements for a Health Centre and a
Banquet Hall under Subsection 3.8 a) of By-law 1-88 as amended are
equal – 11.0 parking spaces per 100 square metres of gross floor
area. The applicant shall be advised that additional variances may
be required upon review of detailed drawings for building
permit/site plan approval. The subject lands may be subject to
Ontario Regulation 166/06 (TRCA – Toronto Region Conservation
Authority).
Conditions of Approval:
If the committee finds merit in the application, the following
conditions of approval are recommended. None
RECEIVED
OF ADJUSTMENT
* Comments are based on the review of documentation supplied with
this application.
2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel
(905) 832-2281
To: Committee of Adjustment From: Francesco Morea, Building
Standards Department Date: February 3, 2014 Name of Owner: Floria
Creek Estates Inc. Location: 2839 Rutherford Road Part of Lot 15,
Concession 4 File No.(s): A044/14 Zoning Classification:
The subject lands are zoned EM1, Prestige Employment Area Zone and
subject to the provisions of Exception 9(1190) under By-law 1-88 as
amended.
Proposal:
1. To permit 353 parking spaces. By-Law Requirements:
1. A minimum of 368 parking spaces are required. Staff Comments:
Stop Work Orders and Orders to Comply: There are no outstanding
Orders on file.
Building Permits Issued:
A building permit has not been issued. The Ontario Building Code
requires a building permit for structures that exceed 10m2.
Other Comments:
Changing the definition of gross floor area as it relates to the
calculation of required parking spaces is not customary when
seeking variances for a reduction in parking. It is therefore
recommended that a reduction in parking is based on a reduced
parking requirement (as provided above). The parking requirements
for a Health Centre and a Banquet Hall under Subsection 3.8 a) of
By-law 1-88 as amended are equal – 11.0 parking spaces per 100
square metres of gross floor area. The applicant shall be advised
that additional variances may be required upon review of detailed
drawings for building permit/site plan approval. The subject lands
may be subject to Ontario Regulation 166/06 (TRCA – Toronto Region
Conservation Authority).
Conditions of Approval:
If the committee finds merit in the application, the following
conditions of approval are recommended. None
RECEIVED
OF ADJUSTMENT
Page 1 of 1
Development Planning Department I City of Vaughan I 2141 Major
Mackenzie Drive I Vaughan, ON L6A 1T1
T: 905.832.8585 I F: 905.832.6080 I www.vaughan.ca
DATE:
FROM:
MEETING DATE:
OWNER: Floria Creek Estates Inc. FILE(S): A044/14 Location:
2839 Rutherford Road Ward 4, Vicinity of Rutherford Road and Jane
Street
Proposal:
The Owner is requesting permission to construct new office and
banquet hall areas within an existing building with 353 parking
spaces, whereas By-law 1-88 requires 368 parking spaces.
Official Plan:
The subject lands are designated “Prestige Area” by in-effect OPA
#450 (Employment Area), and “Prestige Employment” by the new City
of Vaughan Official Plan 2010, which was approved, in part, by the
Ontario Municipal Board on July 23, 2013, December 2, 2013, and
February 3, 2014. The proposal conforms to the policies of the
Official Plan.
Comments:
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:
Condition(s):
None.
Report Prepared By: Gillian McGinnis, Planner 1 Christina Napoli,
Senior Planner
RECEIVED
OF ADJUSTMENT
FROM: Otello Santini, Development/Transportation Engineering
MEETING DATE: February 27, 2014 OWNER: FLORIA CREEK ESTATES INC.
FILE(S): Minor Variance Applications A044/14
Location: Part of Lot 15, Concession 4 (Part 1, Registered Plan No.
65R-
27174 municipally known as 2839 Rutherford Road). Proposal
1. To permit 353 parking spaces. By-Law Requirements:
1. A minimum of 368 parking spaces are required.
Comments: A parking study is not required as the deficiency in
parking spaces
observed is less than 10%, (i.e. 15 parking spaces or 4.1%) and the
minimum number of parking spots proposed will not adversely impact
the subject site. Accordingly, the Development
Transportation/Engineering Department has no further comments or
objection to Minor Variance Application A044/14.
Condition(s): None.
Date: February 10, 2014
To: Todd Coles Via Email Manager of Development Services and
Secretary-Treasurer to Committee of Adjustment
From: Daniel Rende Cultural Heritage Coordinator Recreation and
Culture Department
Applicant: FLORIA CREEK ESTATES INC.
Location: Part of Lot 15, Concession 4 (Part 1, Registered Plan No.
65R-27174 municipally known as 2839 Rutherford Road, Concord)
File: A044/14
Cultural Services has received the request for comments regarding
the above noted application and offers the following
comments:
1. Cultural Services has no objection to the above noted
application.
2. 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. No archaeological assessment is required
at this time, although future development may warrant an
archaeological assessment. The owner is advised that the following
standard clauses apply to the entire subject property:
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, the City of Vaughan’s
Policy Planning and Urban Design and Recreation and Culture
Departments 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.
Daniel Rende, M.Pl. Cultural Heritage Coordinator Recreation &
Culture Department City of Vaughan 905-832-8585 ext.8112
[email protected]
Cc: Angela Palermo, Manager of Cultural Services
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Typewritten Text
Date: February 5, 2014 Attention: Mark Chiovitti RE: Request for
Comments File No. A044/14 Related Files: Applicant: Floria Creek
Estates Inc. Location: 2839 Rutherford Road, Concord
COMMENTS: (BY E-MAIL ONLY)
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).
X
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: 905-417-6900 ext. 5920 705-722-7244 ext. 31297
Fax: 905-532-4401 705-722-9040
E-mail:
[email protected]
[email protected]
Chiovitti, Mark
From: Singh, Christian (MTO) [mailto:
[email protected]]
Sent: Wednesday, February 05, 2014 11:18 AM To: Chiovitti, Mark
Subject: RE: Request for Comments - A044/14 (Committee of
Adjustment City of Vaughan) Good Day Mark, After review, the
following application A044/14 minor variance for 2839 Rutherford
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:
416-235-4276 Fax: 416-235-4267 Web
www.mto.gov.on.ca/english/engineering/management/corridor/index.html
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