Committee of Adjustment Hearing
Thursday, June 9, 2016 at 7 p.m.
225 East Beaver Creek Road, Richmond Hill, ON
1st Floor (Council Chambers)
Call to Order
Disclosure of Pecuniary Interest
Requests for Adjournments/Withdrawals
New Applications
Other Business
A B007/16
Whitehorn Investments Limited, Harold Lederman Limited, 891566 Ontario Ltd, Stephen-Mitchell
Realty Limited
9301-9335 Yonge Street
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land approximately 115.13 metres (377.72 feet) by irregular, approximately 18,180 square metres
(195,687.89 square feet), together with an easement for access purposes (easement described below) while retaining a
parcel of land approximately 204.16 metres (669.81 feet) by irregular, approximately 74,855 square metres (805.732.51
square feet). Consent is being requested for mortgage purposes.
The access easement over the retained land is shown as Part 18 on the draft reference plan submitted with application.
B B008/16
Whitehorn Investments Limited, Harold Lederman Limited, 891566 Ontario Ltd, Stephen-Mitchell
Realty Limited
9301-9335 Yonge Street
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land approximately 125.69 metres (412.36 feet) by irregular, approximately 12,490 square metres
(134,441.24 square feet), together with an easement for access purposes (easement described below) while retaining a
parcel of land approximately 204.16 metres (669.81 feet) by irregular, approximately 62,365 square metres (671,291.27
square feet). Consent is being requested for mortgage purposes.
The access easement over the retained land is shown as Part 16 & 18 on the draft reference plan submitted with
application.
Applications B007/16 & B008/16 will be dealt with concurrently.
June 9, 2016
C B009/16
Page 2
SB Developments Inc.
75 Douglas Road
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 7.75 metres (25.42 feet) by 40.20 metres (131.88 feet),
approximately 312.00 square metres (3,358.34 square feet) as a lot addition to be merged on title with the property to the
east (municipally known as 81 Douglas Road) and retain a parcel of land approximately 15.30 metres (50.19 feet) by
40.20 metres (131.88 feet) approximately 615.00 square metres (6,619.80 square feet). The retained land will have
frontage onto Douglas Road and the existing single family dwelling is to be demolished.
D B010/16
SB Developments Inc.
81 Douglas Road
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 15.30 metres (50.19 feet) by irregular, approximately
623.00 square metres (6,705.91 square feet) and retain a parcel of land approximately 15.30 metres (50.19 feet) by
irregular, approximately 679.00 square metres (7,308.69 square feet). The severed and retained lands will have frontage
onto Douglas Road and the existing single family dwelling is to be demolished.
Applications B009/16 & B010/16 will be dealt with concurrently.
E B011/16
2460963 Ontario Limited
0 Madison Avenue (Lots 744 – 747, Plan 133)
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 15.24 metres (50.00 feet) by 30.51 metres (100.00 feet),
approximately 465.00 square metres (5,005.21 square feet) and retain a parcel of land approximately 15.24 metres (50.00
feet) by 30.51 metres (100.00 feet), approximately 465.00 square metres (5,005.21 square feet). The severed and
retained lands will have frontage onto Madision Avenue and are currently vacant.
F B012/16
Vahid Dianat
41 Moray Avneue
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 7.62 metres (25.00 feet) by irregular, approximately
344.80 square metres (3,711.39 square feet) as a lot addition to be merged on title with the property to the south
(municipally known as 35 Moray Avenue) and retain a parcel of land approximately 17.48 metres (57.34 feet) by irregular,
approximately 790.70 square metres (8,511.02 square feet). The retained land will have frontage onto Moray Avenue and
the attached garage is to be demolished.
June 9, 2016
G B013/16
Page 3
2453045 Ontario Inc.
131 Douglas Road & 123 Douglas Road (Merged Parcels)
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 15.24 metres (50.00 feet) by 73.15 metres (240.00
square feet), approximately 1,114.80 square metres (11,999.60 square feet) and retain a parcel of land approximately
33.52 metres (109.97 feet) by 73.15 metres (240.00 square feet) approximately 2,451.99 square metres (26,393.00
square feet). The severed and retained lands will have frontage onto Douglas Road and the existing single family dwelling
is to be demolished.
H B014/16
2453045 Ontario Inc.
131 Douglas Road & 123 Douglas Road (Merged Parcels)
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 15.24 metres (50.00 feet) by 73.15 metres (240.00
square feet), approximately 1,114.80 square metres (11,999.60 square feet) and retain a parcel of land approximately
18.29 metres (60.00 feet) by 73.15 metres (240.00 square feet) approximately 1,337.90 square metres (14,401.03 square
feet). The severed and retained lands will have frontage onto Douglas Road and the existing single family dwelling is to be
demolished.
Applications B013/16 & B014/16 will be dealt with concurrently.
I A044/16
2505274 Ontario Inc.
66 Marbrook Street
Town of Richmond Hill
To provide relief from the provisions of By-law 2523, as amended, to permit reduced minimum interior side yard setbacks
(east and west), increased maximum encroachment into rear yard (deck) and increased maximum lot coverage to
accommodate the construction of a proposed two storey single family dwelling.
Maximum Lot Coverage
Minimum Sideyard Setback - East
Minimum Sideyard Setback - West
Rear Yard Encroachment
J A046/16
By-Law
Requirement
30%
1.52 m (5.00 ft)
1.52 m (5.00 ft)
0.9144 m (3.00 ft)
Proposed
40%
1.20 m ( 3.94 ft)
1.20 m ( 3.94 ft)
2.40 m (7.87 ft)
Difference
10%
0.32 m ( 1.06 ft)
0.32 m ( 1.06 ft)
1.48 m (4.87 ft)
Carlo Tozzi, Rodolfo & Marco Luccesi
72 Naughton Drive
Town of Richmond Hill
To permit the expansion of a legal non-conforming use to accommodate the reconstruction of the existing single family
dwelling on the same building footprint as the original dwelling.
June 9, 2016
K A047/16
Page 4
Armin Mohammadi
84 Westwood Lane
Town of Richmond Hill
To provide relief from the provisions of By-law 2523, as amended, to permit increased maximum lot coverage to
accommodate the construction of a two storey single family dwelling. Relief is also being sought to recognize the existing
(deficient) lot frontage.
Maximum Lot Coverage
Minimum Frontage
L A048/16
By-Law
Requirement
20%
30.48 m ( 100.00 ft)
Proposed
23.13%
30.45 m ( 99.90 ft)
Difference
3.13%
0.03 m ( 0.10 ft)
Giuliano Sperini (Beneficial Owner)
34 Mackay Drive
Town of Richmond Hill
To provide relief from the provisions of By-law 2523, as amended, to permit increased maximum lot coverage to
accommodate the construction of a proposed single family dwelling.
Maximum Lot Coverage
M A049/16
By-Law
Requirement
30%
Proposed
34.9%
Difference
4.9%
1885124 Ontario Inc.
90 Performance Drive
Town of Richmond Hill
To provide relief from the provisions of By-law 150-80, as amended, to permit a reduced number of parking spaces and an
increased percentage of non-accessory office use to accommodate a second floor addition within the existing building that
will be used as office space.
% Non-Accessory Offices
Parking Spaces
N A056/16
By-Law
Requirement
15%
99 spaces
Proposed
16.8%
88 spaces
Difference
1.8%
11 spaces
Dexter Road Development Corporation
97 Pemberton Road
Town of Richmond Hill
To provide relief from the provisions of By-law 2523, as amended, to vary the definition of a lot to permit Block 20 on Plan
65M-4492 and the severed land (B039/15) to be jointly defined as a single "lot" under the By-law.
OTHER BUSINESS
B039/15 - Change in Condition
June 9, 2016
Page 5
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
CONSENT STAFF REPORT
A
APPLICATION:
B007/16
RELATED FILES: B008/16
DATE:
JUNE 9, 2016
NAME OF OWNER:
WHITEHORN INVESTMENTS LIMITED, HAROLD LEDERMAN LIMITED, 891566 ONTARIO
LTD, STEPHEN-MITCHELL REALTY LIMITED
NAME OF AGENT:
SMART REIT (CHRISTIAN KIELLER)
STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990
THE PROPERTY:
9301-9335 Yonge Street
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land approximately 115.13 metres (377.72 feet) by irregular, approximately 18,180 square metres
(195,687.89 square feet), together with an easement for access purposes (easement described below) while retaining a
parcel of land approximately 204.16 metres (669.81 feet) by irregular, approximately 74,855 square metres (805.732.51
square feet). Consent is being requested for mortgage purposes.
The access easement over the retained land is shown as Part 18 on the draft reference plan submitted with
application.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Key Development Area
“Community Commercial (CC) Zone” as amended by
By-Law 108-85
2325-68, as amended
ZONING PROVISIONS:
Minimum Building Setback to Yonge Street:
Minimum Setback From any Lot Line that is not a Street Line:
Minimum Setback From an “R-Row” Zone:
Maximum Gross Floor Area:
Maximum Height:
14 metres (45.93 feet) from the Street Line
12 metres (39.37 feet)
2 metres (6.56 feet)
29,000m2 (312,163.61 ft2)
11 metres (36.08 feet)
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.
June 9, 2016
Page 6
SITE CONDITIONS:
The subject lands currently support a multi-unit commercial plaza. The existing buildings are proposed to remain on the
subject lands.
ADJACENT LAND CONDITIONS:
North:
Residential and Open Space
South:
16th Avenue
East:
Canadian National Railway
West:
Yonge Street
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on May 12, 2016.
Public notice was mailed on May 26, 2016.
Applicant confirmed posting of signage on May 26, 2016.
Planning & Regulatory Services - Building/Zoning:
The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law.
Planning & Regulatory Services - Planning:
The subject consent applications propose to sever two parcels from the subject lands for mortgage purposes. One parcel
is to have a size of approximately 18,180 square metres (195,687.89 square feet) and the other is to have a size of
approximately 12,490 square metres (134,441.24 square feet). The retained lands will have an area of 62,365 square
metres (671,291.27 square feet). Access easements are proposed over the retained lands.
Staff notes that the proposed consents will not negatively affect the existing development located on the subject lands, and
that Zoning staff has indicated that the proposed consent applications will not create areas of noncompliance. In light of the
preceding, staff has no objections to the approval of consent applications B007/16 and B008/16.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services - Parks & Natural Heritage:
No comments.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
1. Payment of all current and outstanding taxes to date of consent.
2. Other Comments: Easement & Mortgage purposes.
PowerStream Inc.:
No objections (comments attached)
Enbridge Gas Distribution Inc.:
No objections (comments attached)
June 9, 2016
Page 7
Bell Canada:
Bell Canada requires a minimum 3 metre strip easement for the buried installation, to be measured 1.5 metres on either
side of the installation. It will be necessary to arrange a cable locate in order to establish the exact dimensions and ensure
that the existing buried cable is located in the middle of the proposed easement. The applicant should contact Cindy
Pridham, Right of Way Associate, at (705) 722-2636 to confirm process and costs associated with the transaction.
Bell Canada comments attached.
York Region - Transportation & Community Planning Department:
The Regional Municipality of York has reviewed the Regional conditions on Consent Applications (B028/13 and B029/13)
which previously lapsed.
This is to confirm the Conditions issued in the December 19, 2013 staff report are still applicable to the property located at
9301-9335 Yonge Street and the new Consent Applications (B007/16 and B008/16).
1.
2.
3.
This application is subject to York Region’s development applications processing fees identified in Bylaw No. A-03802006-049. The fee for consent application review is $790.00 for the first lot and $150.00 for each additional
lot. The fee must be submitted so we can proceed with the review. Please forward a certified cheque in the amount
of $790.00 in addition to any applicable fee for each additional lot, payable to “The Regional Municipality of York”, to
the attention of the Development Review Coordinator, Community Planning and Development Services.
Please be advised the Region is protecting a 45.0 metre right-of-way for this section of Yonge Street and a 43.0
metre right-of-way for this section of 16th Avenue. As such, we request that all municipal setbacks be referenced
from a point 22.5 metres from the centreline of construction of Yonge Street and 21.5 metres from the centreline of
16th Avenue.
The Owner shall convey the following lands for public highway purposes, along the entire frontage of the subject
lands (the lands to be severed) adjacent to Yonge Street, to The Regional Municipality of York, free of costs and
encumbrances:
•
sufficient property to provide 22.5 metres from the centreline of construction of Yonge Street
4.
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 the Regional Municipality of York. Alternatively, the Owner
shall submit documentation to York Region confirming that the existing street line represents the required right-of-way
in accordance with York Region’s Official Plan. It appears the existing right-of-way along the 16th Avenue frontage of
the severed lands is sufficient.
5.
If lands are to be conveyed to the Region, the Regional Municipality of York requires the Owner to submit to it, in
accordance with the requirements of the Environmental Protection Act and O. Reg. 153/04 Records of Site Condition
Part XV.1 of the Act (as amended), a Phase I environmental site assessment prepared and signed by a qualified
professional, of the Owner’s lands and more specifically of the lands to be conveyed to the Regional Municipality of
York (the “Assessment”). Based on the findings and results of the Assessment, the Region may require further
study, investigation, assessment and delineation to determine whether any remedial or other action is required. The
Assessment and any subsequent environmental reports or other documentation prepared in respect of the
environmental condition of the lands to be conveyed must be addressed to the Region, and contain wording to the
effect that the Region shall be entitled to rely on such reports or documentation in their entirety, and such reports or
documentation shall be satisfactory to the Regional Municipality of York.
6.
If lands are to be conveyed to the Region, the Owner shall also certify, prior to the execution of the site plan
agreement, in wording satisfactory to the Region’s Transportation Services Department, that no contaminant,
pollutant, waste of any nature, hazardous substance, toxic substance, dangerous good, or other substance or
material defined or regulated under applicable environmental laws is present at, on, in or under all lands to be
conveyed to the Regional Municipality of York (including soils, substrata, surface water and groundwater, as
June 9, 2016
Page 8
applicable): (i) at a level or concentration that exceeds the Environmental Protection Act O. Reg. 153/04 full depth
generic site condition standards applicable to the intended use that such lands will be put by the Region at the time of
conveyance or any other remediation standards published or administered by governmental authorities applicable to
the intended land use; and (ii) in such a manner, condition or emanating from such lands in such a way, that would
result in liability under applicable environmental laws. The Assessment, any subsequent environmental reports or
other documentation and the Owner’s certification shall be done at no cost to the Regional Municipality of York.
7.
That the applicant agrees to allow a Temporary Limited Interest Easement (TLI) as identified on the Viva Y2.1
Property Plate 48 for the purposes of the construction of the Rapidco transitway along this section of Yonge Street.
York Region District School Board:
No response.
York Region Separate School Board:
No response.
TRCA:
TRCA staff recommend conditional approval of the above noted application as currently submitted, subject to the following
condition:
1. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
*TRCA correspondence has been attached.
CN Rail:
No objections.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Located outside jurisdiction.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
A013/00 – Parking; Approved
A093/13 – Landscape Strip; Approved
A094/13 – Landscape Strip; Approved
B028/13 – New Lot; Lapsed
B029/13 – New Lot; Lapsed
B008/16 – Concurrent Application
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following conditions are recommended:
CORPORATE & FINANCIAL SERVICES
1. Payment of all current and outstanding taxes to date of consent.
BELL CANADA
2. Bell Canada requires a minimum 3 metre strip easement for the buried installation, to be measured 1.5 metres on
either side of the installation. It will be necessary to arrange a cable locate in order to establish the exact dimensions
and ensure that the existing buried cable is located in the middle of the proposed easement. The applicant should
June 9, 2016
Page 9
contact Cindy Pridham, Right of Way Associate, at (705) 722-2636 to confirm process and costs associated with the
transaction.
TRCA
3. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
REGION OF YORK
4. This application is subject to York Region’s development applications processing fees identified in Bylaw No. A-03802006-049. The fee for consent application review is $790.00 for the first lot and $150.00 for each additional lot.
The fee must be submitted so we can proceed with the review. Please forward a certified cheque in the amount of
$790.00 in addition to any applicable fee for each additional lot, payable to “The Regional Municipality of York”, to the
attention of the Development Review Coordinator, Community Planning and Development Services.
5. Please be advised the Region is protecting a 45.0 metre right-of-way for this section of Yonge Street and a 43.0
metre right-of-way for this section of 16th Avenue. As such, we request that all municipal setbacks be referenced
from a point 22.5 metres from the centreline of construction of Yonge Street and 21.5 metres from the centreline of
16th Avenue.
6. The Owner shall convey the following lands for public highway purposes, along the entire frontage of the subject
lands (the lands to be severed) adjacent to Yonge Street, to The Regional Municipality of York, free of costs and
encumbrances:
•
sufficient property to provide 22.5 metres from the centreline of construction of Yonge Street
7.
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 the Regional Municipality of York. Alternatively, the Owner
shall submit documentation to York Region confirming that the existing street line represents the required right-of-way
in accordance with York Region’s Official Plan. It appears the existing right-of-way along the 16th Avenue frontage of
the severed lands is sufficient.
8.
If lands are to be conveyed to the Region, the Regional Municipality of York requires the Owner to submit to it, in
accordance with the requirements of the Environmental Protection Act and O. Reg. 153/04 Records of Site Condition
Part XV.1 of the Act (as amended), a Phase I environmental site assessment prepared and signed by a qualified
professional, of the Owner’s lands and more specifically of the lands to be conveyed to the Regional Municipality of
York (the “Assessment”). Based on the findings and results of the Assessment, the Region may require further
study, investigation, assessment and delineation to determine whether any remedial or other action is required. The
Assessment and any subsequent environmental reports or other documentation prepared in respect of the
environmental condition of the lands to be conveyed must be addressed to the Region, and contain wording to the
effect that the Region shall be entitled to rely on such reports or documentation in their entirety, and such reports or
documentation shall be satisfactory to the Regional Municipality of York.
9.
If lands are to be conveyed to the Region, the Owner shall also certify, prior to the execution of the site plan
agreement, in wording satisfactory to the Region’s Transportation Services Department, that no contaminant,
pollutant, waste of any nature, hazardous substance, toxic substance, dangerous good, or other substance or
material defined or regulated under applicable environmental laws is present at, on, in or under all lands to be
conveyed to the Regional Municipality of York (including soils, substrata, surface water and groundwater, as
applicable): (i) at a level or concentration that exceeds the Environmental Protection Act O. Reg. 153/04 full depth
generic site condition standards applicable to the intended use that such lands will be put by the Region at the time of
conveyance or any other remediation standards published or administered by governmental authorities applicable to
the intended land use; and (ii) in such a manner, condition or emanating from such lands in such a way, that would
result in liability under applicable environmental laws. The Assessment, any subsequent environmental reports or
other documentation and the Owner’s certification shall be done at no cost to the Regional Municipality of York.
10. That the applicant agrees to allow a Temporary Limited Interest Easement (TLI) as identified on the Viva Y2.1
Property Plate 48 for the purposes of the construction of the Rapidco transitway along this section of Yonge Street.
June 9, 2016
Page 10
COMMITTEE OF ADJUSTMENT:
11. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the
severed land (easement), for use for the issuance of the certificate of consent.
12. 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.
WARNING:
ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which
this application shall thereupon be deemed to be refused.
Section 53(41), The Planning Act R.S.O., 1990
FINANCE/REGIONAL AND MUNICIPAL NOTICE:
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.
The Town will require land to be conveyed for park or other public recreation purposes or, at its 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).
Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance
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 the Demolition Permit.)
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
June 9, 2016
Page 11
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
CONSENT STAFF REPORT
B
APPLICATION:
B008/16
RELATED FILES: B007/16
DATE:
JUNE 9, 2016
NAME OF OWNER:
WHITEHORN INVESTMENTS LIMITED, HAROLD LEDERMAN LIMITED, 891566 ONTARIO
LTD, STEPHEN-MITCHELL REALTY LIMITED
NAME OF AGENT:
SMART REIT (CHRISTIAN KIELLER)
STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990
THE PROPERTY:
9301-9335 Yonge Street
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land approximately 125.69 metres (412.36 feet) by irregular, approximately 12,490 square metres
(134,441.24 square feet), together with an easement for access purposes (easement described below) while retaining a
parcel of land approximately 204.16 metres (669.81 feet) by irregular, approximately 62,365 square metres (671,291.27
square feet). Consent is being requested for mortgage purposes.
The access easement over the retained land is shown as Part 16 & 18 on the draft reference plan submitted with
application.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Key Development Area
“Community Commercial (CC) Zone” as amended by
By-Law 108-85
2325-68, as amended
ZONING PROVISIONS:
Minimum Building Setback to Yonge Street:
Minimum Setback From any Lot Line that is not a Street Line:
Minimum Setback From an “R-Row” Zone:
Maximum Gross Floor Area:
Maximum Height:
14 metres (45.93 feet) from the Street Line
12 metres (39.37 feet)
2 metres (6.56 feet)
29,000m2 (312,163.61 ft2)
11 metres (36.08 feet)
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.
June 9, 2016
Page 12
SITE CONDITIONS:
The subject lands currently support a multi-unit commercial plaza. The existing buildings are proposed to remain on the
subject lands.
ADJACENT LAND CONDITIONS:
North:
Residential and Open Space
South:
16th Avenue
East:
Canadian National Railway
West:
Yonge Street
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on May 12, 2016.
Public notice was mailed on May 26, 2016.
Applicant confirmed posting of signage on May 26, 2016.
Planning & Regulatory Services - Building/Zoning:
The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law.
Planning & Regulatory Services - Planning:
The subject consent applications propose to sever two parcels from the subject lands for mortgage purposes. One parcel
is to have a size of approximately 18,180 square metres (195,687.89 square feet) and the other is to have a size of
approximately 12,490 square metres (134,441.24 square feet). The retained lands will have an area of 62,365 square
metres (671,291.27 square feet). Access easements are proposed over the retained lands.
Staff notes that the proposed consents will not negatively affect the existing development located on the subject lands, and
that Zoning staff has indicated that the proposed consent applications will not create areas of noncompliance. In light of the
preceding, staff has no objections to the approval of consent applications B007/16 and B008/16.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services - Parks & Natural Heritage:
No comments.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
1. Payment of all current and outstanding taxes to date of consent.
2. Other Comments: Easement & Mortgage purposes.
PowerStream Inc.:
No objections (comments attached)
Enbridge Gas Distribution Inc.:
No objections (comments attached)
June 9, 2016
Bell Canada:
Page 13
No concerns or objections.
York Region - Transportation & Community Planning Department:
The Regional Municipality of York has reviewed the Regional conditions on Consent Applications (B028/13 and B029/13)
which previously lapsed.
This is to confirm the Conditions issued in the December 19, 2013 staff report are still applicable to the property located at
9301-9335 Yonge Street and the new Consent Applications (B007/16 and B008/16).
1.
2.
3.
This application is subject to York Region’s development applications processing fees identified in Bylaw No. A-03802006-049. The fee for consent application review is $790.00 for the first lot and $150.00 for each additional
lot. The fee must be submitted so we can proceed with the review. Please forward a certified cheque in the amount
of $790.00 in addition to any applicable fee for each additional lot, payable to “The Regional Municipality of York”, to
the attention of the Development Review Coordinator, Community Planning and Development Services.
Please be advised the Region is protecting a 45.0 metre right-of-way for this section of Yonge Street and a 43.0
metre right-of-way for this section of 16th Avenue. As such, we request that all municipal setbacks be referenced
from a point 22.5 metres from the centreline of construction of Yonge Street and 21.5 metres from the centreline of
16th Avenue.
The Owner shall convey the following lands for public highway purposes, along the entire frontage of the subject
lands (the lands to be severed) adjacent to Yonge Street, to The Regional Municipality of York, free of costs and
encumbrances:
•
sufficient property to provide 22.5 metres from the centreline of construction of Yonge Street
4.
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 the Regional Municipality of York. Alternatively, the Owner
shall submit documentation to York Region confirming that the existing street line represents the required right-of-way
in accordance with York Region’s Official Plan. It appears the existing right-of-way along the 16th Avenue frontage of
the severed lands is sufficient.
5.
If lands are to be conveyed to the Region, the Regional Municipality of York requires the Owner to submit to it, in
accordance with the requirements of the Environmental Protection Act and O. Reg. 153/04 Records of Site Condition
Part XV.1 of the Act (as amended), a Phase I environmental site assessment prepared and signed by a qualified
professional, of the Owner’s lands and more specifically of the lands to be conveyed to the Regional Municipality of
York (the “Assessment”). Based on the findings and results of the Assessment, the Region may require further
study, investigation, assessment and delineation to determine whether any remedial or other action is required. The
Assessment and any subsequent environmental reports or other documentation prepared in respect of the
environmental condition of the lands to be conveyed must be addressed to the Region, and contain wording to the
effect that the Region shall be entitled to rely on such reports or documentation in their entirety, and such reports or
documentation shall be satisfactory to the Regional Municipality of York.
6.
If lands are to be conveyed to the Region, the Owner shall also certify, prior to the execution of the site plan
agreement, in wording satisfactory to the Region’s Transportation Services Department, that no contaminant,
pollutant, waste of any nature, hazardous substance, toxic substance, dangerous good, or other substance or
material defined or regulated under applicable environmental laws is present at, on, in or under all lands to be
conveyed to the Regional Municipality of York (including soils, substrata, surface water and groundwater, as
applicable): (i) at a level or concentration that exceeds the Environmental Protection Act O. Reg. 153/04 full depth
generic site condition standards applicable to the intended use that such lands will be put by the Region at the time of
conveyance or any other remediation standards published or administered by governmental authorities applicable to
the intended land use; and (ii) in such a manner, condition or emanating from such lands in such a way, that would
result in liability under applicable environmental laws. The Assessment, any subsequent environmental reports or
other documentation and the Owner’s certification shall be done at no cost to the Regional Municipality of York.
June 9, 2016
7.
Page 14
That the applicant agrees to allow a Temporary Limited Interest Easement (TLI) as identified on the Viva Y2.1
Property Plate 48 for the purposes of the construction of the Rapidco transitway along this section of Yonge Street.
York Region District School Board:
No response.
York Region Separate School Board:
No response.
TRCA:
TRCA staff recommend conditional approval of the above noted application as currently submitted, subject to the following
condition:
1. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
*TRCA correspondence has been attached.
CN Rail:
No objections.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
A013/00 – Parking; Approved
A093/13 – Landscape Strip; Approved
A094/13 – Landscape Strip; Approved
B028/13 – New Lot; Lapsed
B029/13 – New Lot; Lapsed
B007/16 – Concurrent Application
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following conditions are recommended:
CORPORATE & FINANCIAL SERVICES
1. Payment of all current and outstanding taxes to date of consent.
TRCA
2. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
REGION OF YORK
3. This application is subject to York Region’s development applications processing fees identified in Bylaw No. A-03802006-049. The fee for consent application review is $790.00 for the first lot and $150.00 for each additional lot.
The fee must be submitted so we can proceed with the review. Please forward a certified cheque in the amount of
$790.00 in addition to any applicable fee for each additional lot, payable to “The Regional Municipality of York”, to the
attention of the Development Review Coordinator, Community Planning and Development Services.
4. Please be advised the Region is protecting a 45.0 metre right-of-way for this section of Yonge Street and a 43.0
metre right-of-way for this section of 16th Avenue. As such, we request that all municipal setbacks be referenced
June 9, 2016
Page 15
5.
from a point 22.5 metres from the centreline of construction of Yonge Street and 21.5 metres from the centreline of
16th Avenue.
The Owner shall convey the following lands for public highway purposes, along the entire frontage of the subject
lands (the lands to be severed) adjacent to Yonge Street, to The Regional Municipality of York, free of costs and
encumbrances:
•
sufficient property to provide 22.5 metres from the centreline of construction of Yonge Street
6.
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 the Regional Municipality of York. Alternatively, the Owner
shall submit documentation to York Region confirming that the existing street line represents the required right-of-way
in accordance with York Region’s Official Plan. It appears the existing right-of-way along the 16th Avenue frontage of
the severed lands is sufficient.
7.
If lands are to be conveyed to the Region, the Regional Municipality of York requires the Owner to submit to it, in
accordance with the requirements of the Environmental Protection Act and O. Reg. 153/04 Records of Site Condition
Part XV.1 of the Act (as amended), a Phase I environmental site assessment prepared and signed by a qualified
professional, of the Owner’s lands and more specifically of the lands to be conveyed to the Regional Municipality of
York (the “Assessment”). Based on the findings and results of the Assessment, the Region may require further
study, investigation, assessment and delineation to determine whether any remedial or other action is required. The
Assessment and any subsequent environmental reports or other documentation prepared in respect of the
environmental condition of the lands to be conveyed must be addressed to the Region, and contain wording to the
effect that the Region shall be entitled to rely on such reports or documentation in their entirety, and such reports or
documentation shall be satisfactory to the Regional Municipality of York.
8.
If lands are to be conveyed to the Region, the Owner shall also certify, prior to the execution of the site plan
agreement, in wording satisfactory to the Region’s Transportation Services Department, that no contaminant,
pollutant, waste of any nature, hazardous substance, toxic substance, dangerous good, or other substance or
material defined or regulated under applicable environmental laws is present at, on, in or under all lands to be
conveyed to the Regional Municipality of York (including soils, substrata, surface water and groundwater, as
applicable): (i) at a level or concentration that exceeds the Environmental Protection Act O. Reg. 153/04 full depth
generic site condition standards applicable to the intended use that such lands will be put by the Region at the time of
conveyance or any other remediation standards published or administered by governmental authorities applicable to
the intended land use; and (ii) in such a manner, condition or emanating from such lands in such a way, that would
result in liability under applicable environmental laws. The Assessment, any subsequent environmental reports or
other documentation and the Owner’s certification shall be done at no cost to the Regional Municipality of York.
9.
That the applicant agrees to allow a Temporary Limited Interest Easement (TLI) as identified on the Viva Y2.1
Property Plate 48 for the purposes of the construction of the Rapidco transitway along this section of Yonge Street.
COMMITTEE OF ADJUSTMENT:
10. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the
severed land (easement), for use for the issuance of the certificate of consent.
11. 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.
WARNING:
ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which
this application shall thereupon be deemed to be refused.
Section 53(41), The Planning Act R.S.O., 1990
June 9, 2016
Page 16
FINANCE/REGIONAL AND MUNICIPAL NOTICE:
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.
The Town will require land to be conveyed for park or other public recreation purposes or, at its 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).
Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance
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 the Demolition Permit.)
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
June 9, 2016
Page 17
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
CONSENT STAFF REPORT
APPLICATION:
B009/16
DATE:
JUNE 9, 2016
NAME OF OWNER:
SB DEVELOPMENTS INC.
NAME OF AGENT:
EVANS PLANNING INC.
C
RELATED FILES: B010/16, D02-15029 (Zoning By-law)
STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990
THE PROPERTY:
75 Douglas Road
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 7.75 metres (25.42 feet) by 40.20 metres (131.88 feet),
approximately 312.00 square metres (3,358.34 square feet) as a lot addition to be merged on title with the property to the
east (municipally known as 81 Douglas Road) and retain a parcel of land approximately 15.30 metres (50.19 feet) by
40.20 metres (131.88 feet) approximately 615.00 square metres (6,619.80 square feet). The retained land will have
frontage onto Douglas Road and the existing single family dwelling is to be demolished.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
Richmond Hill Official Plan
R6 – 313-96, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
15 metres (50 feet)
500 square metres (5381.96 square feet)
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 comprised of two lots and currently support one single detached dwelling per lot. The two
dwellings are proposed to be demolished. No new dwellings are proposed at this time.
ADJACENT LAND CONDITIONS:
North:
Douglas Road
South:
Residential
East:
Residential
West:
Residential
June 9, 2016
Page 18
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on May 12, 2016.
Public notice was mailed on May 26, 2016.
Applicant confirmed posting of signage May 26, 2016.
Planning & Regulatory Services - Building/Zoning:
The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law, subject to the
following comments:
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. 15-90 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 & Regulatory Services - Planning:
The subject lands are comprised of two lots. A recent Zoning By-law Amendment was approved by Council on April 11,
2016 (Town File No. D02-15029), and the appeal period expired on May 11, 2016, with no appeals. Subsequently, the
resulting Zoning By-law Amendment, By-law No. 36-16 is now in effect. The approved Zoning By-law Amendment rezoned
the subject lands to R6 under Zoning By-law No. 313-96, as amended, to facilitate the future creation of one additional lot
for a total of three lots. The result of the two proposed consent applications will be three building lots. The proposed lots
are in keeping with the current lot fabric in the surrounding area. It should be noted that the subject lands are subject to
Site Plan Control, however no Site Plan applications have been proposed at this time.
Staff notes that the proposed consent applications are in keeping with the approved Zoning By-law Amendment and
therefore has no objections to the approval of B009/16 and B010/16.
Planning & Regulatory Services - Development Engineering:
The Development Engineering Division has reviewed the above noted application and recommend the inclusion of
provisional conditions of consent as indicated herein:
MERGE CLAUSE
That the severed parcel merge on title with the property to the east municipally known as 81 Douglas Road.
Planning & Regulatory Services - Parks & Natural Heritage:
Parks staff has no comments on the application.
Comments for the applicant – applicable to future applications
• The property is subject to Tree Preservation By-law No. 41-07 as it applies. Injury or destruction of any tree equal to
or greater than 20 cm DBH on the subject property or any adjacent properties requires permission from the Town,
prior to undertaking the works.
• Ensure the future development and grading plan considers and protects the tree protection zone of neighbouring
trees. Please see Town of Richmond Hill Fact Sheet 5.0 – Guidelines for Construction Near Trees for more
information on this matter.
• Please be advised that a tree replacement plan will be required to offset removals. Replacement with native species
is recommended.
• Parks staff will continue to comment on the related zoning application, as required.
June 9, 2016
Page 19
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
1. No cash-in-lieu is required as a result of this severance because no additional parcel of land is being created.
2. Payment of all current and outstanding taxes to date of consent.
3. Other Comments: Lot addition.
PowerStream Inc.:
No objections (comments attached)
Enbridge Gas Distribution Inc.:
No objections (comments attached)
Bell Canada:
No concerns or objections.
York Region - Transportation & Community Planning Department:
No response.
York Region District School Board:
No response.
York Region Separate School Board:
No response.
TRCA:
TRCA staff recommend conditional approval of the above noted application as currently submitted, subject to the following
condition:
1. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
*TRCA correspondence has been attached.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
N/A
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following conditions are recommended:
PLANNING & REGULATORY SERVICES – BUILDING/ZONING
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. 15-90 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.
June 9, 2016
Page 20
CORPORATE & FINANCIAL SERVICES
2. Payment of all current and outstanding taxes to date of consent.
TRCA
3. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
COMMITTEE OF ADJUSTMENT:
4. That the severed parcel be merged on title with the abutting land to the east, municipally known as 81 Douglas Road,
and the applicant’s solicitor provide an undertaking in writing that this condition will be fulfilled. (Subsection 50 (3 or 5)
of the Planning Act, R.S.O. 1990, as amended, applies to any subsequent conveyance of or transaction involving the
parcel of land that is the subject of this consent.).
5. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the
severed land (easement), for use for the issuance of the certificate of consent.
6. 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.
WARNING:
ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which
this application shall thereupon be deemed to be refused.
Section 53(41), The Planning Act R.S.O., 1990
FINANCE/REGIONAL AND MUNICIPAL NOTICE:
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.
The Town will require land to be conveyed for park or other public recreation purposes or, at its 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).
Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance
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 the Demolition Permit.)
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
June 9, 2016
Page 21
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
CONSENT STAFF REPORT
APPLICATION:
B010/16
DATE:
JUNE 9, 2016
NAME OF OWNER:
SB DEVELOPMENTS INC.
NAME OF AGENT:
EVANS PLANNING INC.
D
RELATED FILES: B009/16, D02-15029 (Zoning By-law)
STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990
THE PROPERTY:
81 Douglas Road
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 15.30 metres (50.19 feet) by irregular, approximately
623.00 square metres (6,705.91 square feet) and retain a parcel of land approximately 15.30 metres (50.19 feet) by
irregular, approximately 679.00 square metres (7,308.69 square feet). The severed and retained lands will have frontage
onto Douglas Road and the existing single family dwelling is to be demolished.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
Richmond Hill Official Plan
R6 – 313-96, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
15 metres (50 feet)
500 square metres (5381.96 square feet)
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 comprised of two lots and currently support one single detached dwelling per lot. The two
dwellings are proposed to be demolished. No new dwellings are proposed at this time.
ADJACENT LAND CONDITIONS:
North:
Douglas Road
South:
Residential
East:
Residential
West:
Residential
June 9, 2016
Page 22
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on May 12, 2016.
Public notice was mailed on May 26, 2016.
Applicant confirmed posting of signage May 26, 2016.
Planning & Regulatory Services - Building/Zoning:
The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law, subject to the
following comments:
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. 15-90 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 & Regulatory Services - Planning:
The subject lands are comprised of two lots. A recent Zoning By-law Amendment was approved by Council on April 11,
2016 (Town File No. D02-15029), and the appeal period expired on May 11, 2016, with no appeals. Subsequently, the
resulting Zoning By-law Amendment, By-law No. 36-16 is now in effect. The approved Zoning By-law Amendment rezoned
the subject lands to R6 under Zoning By-law No. 313-96, as amended, to facilitate the future creation of one additional lot
for a total of three lots. The result of the two proposed consent applications will be three building lots. The proposed lots
are in keeping with the current lot fabric in the surrounding area. It should be noted that the subject lands are subject to
Site Plan Control, however no Site Plan applications have been proposed at this time.
Staff notes that the proposed consent applications are in keeping with the approved Zoning By-law Amendment and
therefore has no objections to the approval of B009/16 and B010/16.
Planning & Regulatory Services - Development Engineering:
The Development Engineering Division has reviewed the above noted application and recommends the inclusion of
provisional conditions of consent as indicated herein:
We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units
created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation
reserve.
1. GRADING CONDITION
"That the applicant:
(a)
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;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) 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
June 9, 2016
Page 23
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) 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 Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
2. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same trench)
+ HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
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: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
3. 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.
Planning & Regulatory Services - Parks & Natural Heritage:
Parks staff has no comments on the application.
June 9, 2016
Page 24
Comments for the applicant – applicable to future applications
• The property is subject to Tree Preservation By-law No. 41-07 as it applies. Injury or destruction of any tree equal
to or greater than 20 cm DBH on the subject property or any adjacent properties requires permission from the
Town, prior to undertaking the works.
• Ensure the future development and grading plan considers and protects the tree protection zone of neighbouring
trees. Please see Town of Richmond Hill Fact Sheet 5.0 – Guidelines for Construction Near Trees for more
information on this matter.
• Please be advised that a tree replacement plan will be required to offset removals. Replacement with native
species is recommended.
• Parks staff will continue to comment on the related zoning application, as required.
•
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
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 $112.00 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.
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.)
6. The applicant/owner must enter into an agreement providing for payment of Area Specific Development Charges at
the time of the execution of the Agreement.
PowerStream Inc.:
No objections (comments attached)
Enbridge Gas Distribution Inc.:
No objections (comments attached)
Bell Canada:
No concerns or objections.
York Region - Transportation & Community Planning Department:
No response.
York Region District School Board:
No response.
York Region Separate School Board:
No response.
June 9, 2016
Page 25
TRCA:
TRCA staff recommend conditional approval of the above noted application as currently submitted, subject to the following
condition:
1. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
*TRCA correspondence has been attached.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
N/A
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following conditions are recommended:
PLANNING & REGULATORY SERVICES – BUILDING/ZONING
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. 15-90 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 & REGULATORY SERVICES - DEVELOPMENT ENGINEERING
2. GRADING CONDITION
"That the applicant:
(a)
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;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) 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
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) 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."
June 9, 2016
Page 26
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 Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
3. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same trench)
+ HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
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: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
4. 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.
CORPORATE & FINANCIAL SERVICES
5. That the applicant enters into an agreement acknowledging that the Town will require land to be conveyed to it for park
or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land, pursuant to
Section 42 of the Planning Act, prior to the issuance of a building permit. Such 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 $112.00
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.).
6. Payment of all current and outstanding taxes to date of consent.
7. The applicant/owner must enter into an agreement providing for payment of Area Specific Development Charges at
the time of the execution of the Agreement.
June 9, 2016
Page 27
TRCA
8. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
COMMITTEE OF ADJUSTMENT:
9. That application B009/14 receive final certification of the secretary-treasurer and be registered on title prior to
completion of this application.
10. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the
severed land (easement), for use for the issuance of the certificate of consent.
11. 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.
WARNING:
ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which
this application shall thereupon be deemed to be refused.
Section 53(41), The Planning Act R.S.O., 1990
FINANCE/REGIONAL AND MUNICIPAL NOTICE:
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.
The Town will require land to be conveyed for park or other public recreation purposes or, at its 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).
Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance
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 the Demolition Permit.)
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
June 9, 2016
Page 28
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
CONSENT STAFF REPORT
APPLICATION:
B011/16
DATE:
JUNE 9, 2016
NAME OF OWNER:
2460963 ONTARIO LIMITED.
NAME OF AGENT:
EVANS PLANNING INC.
E
RELATED FILES: D02-15026 (Zoning By-law)
STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990
THE PROPERTY:
0 Madison Avenue (Lots 744 – 747, Plan 133)
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 15.24 metres (50.00 feet) by 30.51 metres (100.00 feet),
approximately 465.00 square metres (5,005.21 square feet) and retain a parcel of land approximately 15.24 metres (50.00
feet) by 30.51 metres (100.00 feet), approximately 465.00 square metres (5,005.21 square feet). The severed and
retained lands will have frontage onto Madision Avenue and are currently vacant.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
Single Detached Six (R6) Zone
By-law 313-96, as amended by By-law 43-16
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Lot Coverage:
Maximum Building Height:
15.0 m. (49.21 ft.)
500.0 sq. m. (5,381.96 sq. ft.)
4.5 m. (14.76 ft.)
1.5 m. (4.92 ft.)
7.5 m. (54.61 ft.)
40%
11.0 m. (36.09 ft.)
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 properties are currently vacant in an established low density residential area.
June 9, 2016
Page 29
ADJACENT LAND CONDITIONS:
North:
Madison Avenue, Residential
South:
Vacant
East:
Vacant
West:
Vacant
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on May 12, 2016.
Public notice was mailed on May 26, 2016.
Applicant confirmed posting of signage on May 26, 2016.
Planning & Regulatory Services - Building/Zoning:
The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law.
Please note: By-law 43-16 will rezone the subject property to the R6 zone category in By-law 313-96. The appeal period
for this By-law expires on May 25, 2016.
Planning & Regulatory Services - Planning:
Consent application B011/16 seeks approval to sever a parcel of land for residential purposes. The subject lands were
subject to a Zoning By-law application (Town File #: D02-15026); Zoning By-law No. 43-16 was passed by Council on April
25, 2016 to facilitate the establishment of two (2) building lots with site specific development standards.
The applicant is seeking approval for consent to sever a parcel of land approximately 15.24 m. (50.0 ft.) by 30.51 m.
(100.0 ft.), having an area of approximately 465.0 sq. m. (5,005.21 sq. ft.) and retain a parcel of land approximately 15.24
m. (50.0 ft.) by 30.51 m. (100.0 ft.), having an area of approximately 465.0 sq. m. (5,005.21 sq. ft.). Both the severed and
retained parcels will have frontage onto Madison Avenue.
The requested severance is considered to be appropriate in light of the surrounding land use context and transitional lot
patterns. The subject lands were subject to a Zoning By-law application to facilitate the development of two future singledetached dwellings with site specific development standards, which would require the severance of the lands to create two
building lots. The proposed lot frontages of 15.24 metres (50.0 feet) and lot area of 465.0 sq. m. (5,005.21 sq. ft.) are
consistent the transitional character of the street and conform to the approved Zoning By-law on the subject lands.
On the basis of the preceding, Planning staff has reviewed Consent application B011/16 and is satisfied that the proposed
consent complies with the criteria listed under subsection 51(24) of the Planning Act. As such, Planning staff recommends
that consent application B011/16 be approved.
Planning & Regulatory Services - Development Engineering:
The Development Engineering Division has reviewed the above noted application and recommends the inclusion of
provisional conditions of consent as indicated herein:
We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units
created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation
reserve.
June 9, 2016
1.
Page 30
GRADING CONDITION
"That the applicant:
(a)
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;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) 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
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) 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 Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
2. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same trench)
+ HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
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: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
June 9, 2016
Page 31
3. 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.
4. SERVICING AGREEMENT CONDITION
That the applicant enter into an agreement with the municipality, to provide the municipal servicing required for the
subject lands through a servicing agreement. Through this agreement the owner of the lands will be responsible for
the installation of the required municipal services to the Town’s standards and acceptance as per the terms of the
agreement, and also be responsible for securing with the Town the cost of installing the subject services, (through
either a cash deposit, or a letter of credit). Upon execution of this agreement, an authorizing By-law is required from
Town Council and subsequent registration of the Agreement on title for the subject lands, prior to the satisfaction of
this condition.
Planning & Regulatory Services - Parks & Natural Heritage:
Parks staff has no comments on the application.
Comments for the applicant – applicable to future applications
• The property is subject to Tree Preservation By-law No. 41-07 as it applies. Injury or destruction of any tree equal to
or greater than 20 cm DBH on the subject property or any adjacent properties requires permission from the Town,
prior to undertaking the works.
• Ensure the future development and grading plan considers and protects the tree protection zone of neighbouring
trees. Please see Town of Richmond Hill Fact Sheet 5.0 – Guidelines for Construction Near Trees for more
information on this matter.
• Please be advised that a tree replacement plan will be required to offset removals. Replacement with native species
is recommended.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
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 $112.00 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.
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.)
June 9, 2016
Page 32
6. The applicant/owner must enter into an agreement providing for payment of Area Specific Development Charges at
the time of the execution of the Agreement.
PowerStream Inc.:
No objections (comments attached)
Enbridge Gas Distribution Inc.:
No objections (comments attached)
Bell Canada:
No concerns or objections.
York Region - Transportation & Community Planning Department:
No response.
York Region District School Board:
No response.
York Region Separate School Board:
No response.
TRCA:
TRCA staff recommend conditional approval of the above noted application as currently submitted, subject to the following
condition:
1. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
*TRCA correspondence has been attached.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
N/A
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following conditions are recommended:
PLANNING & REGULATORY SERVICES - DEVELOPMENT ENGINEERING
1. GRADING CONDITION
"That the applicant:
(a)
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;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) 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
June 9, 2016
Page 33
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) 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 Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
2. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same trench)
+ HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
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: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
3. 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.
4. SERVICING AGREEMENT CONDITION
That the applicant enter into an agreement with the municipality, to provide the municipal servicing required for the
subject lands through a servicing agreement. Through this agreement the owner of the lands will be responsible for
the installation of the required municipal services to the Town’s standards and acceptance as per the terms of the
agreement, and also be responsible for securing with the Town the cost of installing the subject services, (through
either a cash deposit, or a letter of credit). Upon execution of this agreement, an authorizing By-law is required from
Town Council and subsequent registration of the Agreement on title for the subject lands, prior to the satisfaction of
this condition.
June 9, 2016
Page 34
CORPORATE & FINANCIAL SERVICES
5. That the applicant enters into an agreement acknowledging that the Town will require land to be conveyed to it for park
or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land, pursuant to
Section 42 of the Planning Act, prior to the issuance of a building permit. Such 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 $112.00
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.).
6. Payment of all current and outstanding taxes to date of consent.
7. The applicant/owner must enter into an agreement providing for payment of Area Specific Development Charges at
the time of the execution of the Agreement.
TRCA
8. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
COMMITTEE OF ADJUSTMENT:
9. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the
severed land (easement), for use for the issuance of the certificate of consent.
10. 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.
WARNING:
ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which
this application shall thereupon be deemed to be refused.
Section 53(41), The Planning Act R.S.O., 1990
FINANCE/REGIONAL AND MUNICIPAL NOTICE:
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.
The Town will require land to be conveyed for park or other public recreation purposes or, at its 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).
Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance
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 the Demolition Permit.)
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
June 9, 2016
Page 35
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
CONSENT STAFF REPORT
APPLICATION:
B012/16
DATE:
JUNE 9, 2016
NAME OF OWNER:
VAHID DIANAT
NAME OF AGENT:
NIMA NIKSERESHT
F
STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990
THE PROPERTY:
41 Moray Avenue
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 7.62 metres (25.00 feet) by irregular, approximately
344.80 square metres (3,711.39 square feet) as a lot addition to be merged on title with the property to the south
(municipally known as 35 Moray Avenue) and retain a parcel of land approximately 17.48 metres (57.34 feet) by irregular,
approximately 790.70 square metres (8,511.02 square feet). The retained land will have frontage onto Moray Avenue and
the attached garage is to be demolished.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
Residential Single Family Six (R6) Zone
By-law No. 256-88, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Building Height:
Maximum Lot Coverage:
15.0 metres (49.21 feet)
502.0 square metres (5,403.48 square feet)
4.50 metres (14.76 feet)*
1.40 metres (4.59 feet)
7.50 metres (24.61 feet)
11 metres (36.09 feet)
40%
*Or Established Building Line, if applicable.
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.
June 9, 2016
Page 36
SITE CONDITIONS:
The subject lands are located on the east side of Moray Avenue, north of North Lake Road, and support an existing twostorey detached dwelling that is proposed to remain. The attached garage, which encroaches onto the lands to be
severed, is proposed to be demolished. The character of Moray Avenue is representative of a range in architectural styles
and a high degree of variability with respect to lot size.
ADJACENT LAND CONDITIONS:
North:
Residential
South:
Residential
East:
Residential
West:
Moray Avenue
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on May 12, 2016.
Public notice was mailed on May 26, 2016.
Applicant confirmed posting of signage on May 25, 2016.
Planning & Regulatory Services - Building/Zoning:
The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law, subject to the
following comments:
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. 15-90 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 & Regulatory Services - Planning:
The applicant is seeking approval to sever the southern portion of the subject lands and to allow the severed parcel to be
merged on title with the lands to the south (municipally known as 35 Moray Avenue). In support of this proposal, the
following is requested:
•
•
to sever a parcel of land for residential purposes approximately 7.62 metres (25.00 feet) by irregular and
approximately 344.80 square metres (3,711.39 square feet) as a lot addition to be merged on title with the property to
the south (municipally known as 35 Moray Avenue); and,
to retain a parcel of land for residential purposes approximately 17.48 metres (57.34 feet) by irregular and
approximately 790.70 square metres (8,511.02 square feet).
The lands at 35 Moray Avenue, located adjacent to the subject lands, have an existing lot area of approximately 345.1
square metres (3,714.63 square feet) and a lot frontage of approximately 7.62 metres (25.00 feet). The proposed lot
addition would allow the lands at 35 Moray Avenue to comply with the lot area and lot frontage requirements of the “R6”
Zone under By-law No. 256-88, as amended. The proposed lot addition will not result in areas of noncompliance with
respect to the retained parcel (municipally known as 41 Moray Avenue). Planning staff has reviewed the request and
concludes that the proposed lot addition will result in greater consistency in lot size and is appropriate for the future
development of the adjacent lands.
On the basis of the preceding, Planning staff recommends that consent application B012/16 be approved. In addition, it is
recommended that the existing attached garage located at 41 Moray be demolished as a condition of consent approval.
June 9, 2016
Page 37
Planning & Regulatory Services - Development Engineering:
The Development Engineering Division has reviewed the above noted application and recommends the inclusion of
provisional conditions of consent as indicated herein:
We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units
created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation
reserve.
1. GRADING CONDITION
"That the applicant:
(a)
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;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) 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
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) 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 Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
2. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same trench)
+ HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
June 9, 2016
Page 38
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: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
3. 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.
Planning & Regulatory Services - Parks & Natural Heritage:
Parks staff has no comments on the application.
Comments for the applicant – for information purposes
The property is subject to Tree Preservation By-law No. 41-07 as it applies. Injury or destruction of any tree equal to or
greater than 20 cm DBH on the subject property or any adjacent properties requires permission from the Town, prior to
undertaking the works.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
1. No cash-in-lieu is required as a result of this severance because no additional parcel of land is being created.
2. Payment of all current and outstanding taxes to date of consent.
3. Other Comments: Lot addition.
PowerStream Inc.:
No objections (comments attached)
Enbridge Gas Distribution Inc.:
No objections (comments attached)
Bell Canada:
No concerns or objections.
York Region - Transportation & Community Planning Department:
No response.
York Region District School Board:
No response.
York Region Separate School Board:
No response.
TRCA:
TRCA staff recommend conditional approval of the above noted application as currently submitted, subject to the following
condition:
1. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
*TRCA correspondence has been attached.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
June 9, 2016
Page 39
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
N/A
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following conditions are recommended:
PLANNING & REGULATORY SERVICES – BUILDING/ZONING
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. 15-90 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 & REGULATORY SERVICES - DEVELOPMENT ENGINEERING
2. GRADING CONDITION
"That the applicant:
(a)
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;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) 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
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) 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 Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
June 9, 2016
3. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
Page 40
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same trench)
+ HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
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: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
4. 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.
CORPORATE & FINANCIAL SERVICES
5. Payment of all current and outstanding taxes to date of consent.
TRCA
6. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
COMMITTEE OF ADJUSTMENT:
7. That the severed parcel be merged on title with the abutting land to the south, municipally known as 35 Moray Avenue,
and the applicant’s solicitor provide an undertaking in writing that this condition will be fulfilled. (Subsection 50 (3 or 5)
of the Planning Act, R.S.O. 1990, as amended, applies to any subsequent conveyance of or transaction involving the
parcel of land that is the subject of this consent.).
8. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the
severed land (easement), for use for the issuance of the certificate of consent.
9. 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.
WARNING:
ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which
this application shall thereupon be deemed to be refused.
Section 53(41), The Planning Act R.S.O., 1990
June 9, 2016
Page 41
FINANCE/REGIONAL AND MUNICIPAL NOTICE:
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.
The Town will require land to be conveyed for park or other public recreation purposes or, at its 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).
Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance
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 the Demolition Permit.)
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
June 9, 2016
Page 42
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
CONSENT STAFF REPORT
APPLICATION:
Application)
B013/16
DATE:
JUNE 9, 2016
NAME OF OWNER:
2453045 ONTARIO INC
NAME OF AGENT:
KLM PLANNING INC.
G
RELATED FILES: B014/16 & D02/15023 (Re-Zoning
STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990
THE PROPERTY:
131 Douglas Road & 123 Douglas Road (Merged Parcels)
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 15.24 metres (50.00 feet) by 73.15 metres (240.00
square feet), approximately 1,114.80 square metres (11,999.60 square feet) and retain a parcel of land approximately
33.52 metres (109.97 feet) by 73.15 metres (240.00 square feet) approximately 2,451.99 square metres (26,393.00
square feet). The severed and retained lands will have frontage onto Douglas Road and the existing single family dwelling
is to be demolished.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
Single Detached Six (R6) Zone
By-law No. 313-96, as amended by By-law 23-16
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Building Height:
Maximum Lot Coverage:
15.0 metres (49.21 feet)
500.0 square metres (5,381.96 square feet)
4.50 metres (14.76 feet)
1.3 metres (4.27 feet) and 1.40 metres (4.59 feet)*
7.50 metres (24.61 feet)
11 metres (36.09 feet)
40%
*Refer to By-law No. 23-16
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.
June 9, 2016
Page 43
SITE CONDITIONS:
The subject lands are located on the south side of Douglas Road, west of Dunn Drive and east of Yonge Street and are
situated within the Douglas Road Neighbourhood Infill Study Area. In this regard, the character of the surrounding
neighbourhood is representative of small-scale infill development and the reconstruction of older dwellings. The subject
lands support one single detached dwelling, to be demolished, on each original building lot.
A Zoning By-law Amendment to rezone the subject lands to “Single Detached Six (R6) Zone” under By-law 313-96, as
amended, received final approval on May 12th, 2016.
ADJACENT LAND CONDITIONS:
North:
Douglas Road
South:
Residential
East:
Drainage Swale
West:
Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on May 12, 2016.
Public notice was mailed on May 26, 2016.
Applicant confirmed posting of signage on May 19, 2016.
Planning & Regulatory Services - Building/Zoning:
The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law, subject to the
following comments:
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. 15-90 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 & Regulatory Services - Planning:
The applicant is seeking approval of two severance applications to facilitate the creation of two additional building lots with
frontage on Douglas Road. In support of this proposal, the following is requested:
•
•
•
to sever a parcel of land for residential purposes approximately 15.24 metres (50.0 feet) by 73.15 metres (240.0 feet)
and approximately 1,114.80 square metres (11,999.60 square feet);
to sever a parcel of land for residential purposes approximately 15.24 metres (50.0 feet) by 73.15 metres (240.0
square feet) and approximately 1,114.80 square metres (11,999.60 square feet); and,
to retain a parcel of land for residential purposes approximately 18.29 metres (60.0 feet) by 73.15 metres (240.0 feet)
and approximately 1,337.90 square metres (14,401.03 square feet).
As noted above, the subject lands are situated within the Douglas Road Neighbourhood Infill Study Area, which
recommends a minimum lot frontage of 15.0 metres (50.0 feet) for new lots located on existing streets. In accordance with
Official Plan Policy 4.9.1.1.3, development must be in conformity with the applicable Infill Study approved by Council for
the area. Planning staff has reviewed the application and concludes that the proposed consent application aligns with the
recommendations of the applicable Infill Study and is in keeping with the established patterns of redevelopment occurring
within the Douglas Road Neighbourhood.
June 9, 2016
Page 44
On the basis of the preceding, Planning staff recommends that consent applications B013/16 and B014/16 be approved. In
addition, it is recommended that all existing buildings and structures located on the original building lots be demolished as
a condition of consent approval.
Planning & Regulatory Services - Development Engineering:
The Development Engineering Division has reviewed the above noted application and recommends the inclusion of
provisional conditions of consent as indicated herein:
We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units
created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation
reserve.
1.
GRADING CONDITION
"That the applicant:
(a)
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;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) 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
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) 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 Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
2. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
June 9, 2016
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
Page 45
$ 1,544.40 per metre (if applicable and if in same trench)
+ HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
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: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
3. 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.
Planning & Regulatory Services - Parks & Natural Heritage:
Parks staff has no comments on the application.
Comments for the applicant – for information purposes
• The property is subject to Tree Preservation By-law No. 41-07 as it applies. Injury or destruction of any tree equal to
or greater than 20 cm DBH on the subject property or any adjacent properties requires permission from the Town,
prior to undertaking the works.
• Ensure the future development and grading plan considers and protects the tree protection zone of neighbouring
trees. Please see Town of Richmond Hill Fact Sheet 5.0 – Guidelines for Construction Near Trees for more
information on this matter.
• Please be advised that a tree replacement plan will be required to offset removals. Replacement with native species
is recommended.
• Parks staff will continue to comment on the related zoning application, as required.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
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 retained parcel for the purpose of
notice. Further the applicant shall be required to pay the sum of $112.00 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, on retained land.
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 severed lands unless the Finance Department receives documentation that parkland was given
June 9, 2016
Page 46
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.)
6. Other Comments: This application is in conjunction with B014/16.
PowerStream Inc.:
No objections (comments attached)
Enbridge Gas Distribution Inc.:
No objections (comments attached)
Bell Canada:
No concerns or objections.
York Region - Transportation & Community Planning Department:
No response.
York Region District School Board:
No response.
York Region Separate School Board:
No response.
TRCA:
TRCA staff recommend conditional approval of the above noted application as currently submitted, subject to the following
condition:
1. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
*TRCA correspondence has been attached.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
B014/16 – Concurrent Application
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following conditions are recommended:
PLANNING & REGULATORY SERVICES – BUILDING/ZONING
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. 15-90 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.
June 9, 2016
Page 47
PLANNING & REGULATORY SERVICES - DEVELOPMENT ENGINEERING
2. GRADING CONDITION
"That the applicant:
(a)
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;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) 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
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) 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 Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
3. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same trench)
+ HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
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: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
June 9, 2016
Page 48
4. 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.
CORPORATE & FINANCIAL SERVICES
5. That the applicant enters into an agreement acknowledging that the Town will require land to be conveyed to it for park
or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land, pursuant to
Section 42 of the Planning Act, prior to the issuance of a building permit. Such agreement must be registered on title to
the RETAINED PARCEL for the purpose of notice. Further, the applicant shall be required to pay the sum of $112.00
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.).
6. Payment of all current and outstanding taxes to date of consent.
TRCA
7. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
COMMITTEE OF ADJUSTMENT:
8. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the
severed land (easement), for use for the issuance of the certificate of consent.
9. 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.
WARNING:
ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which
this application shall thereupon be deemed to be refused.
Section 53(41), The Planning Act R.S.O., 1990
FINANCE/REGIONAL AND MUNICIPAL NOTICE:
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.
The Town will require land to be conveyed for park or other public recreation purposes or, at its 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).
Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance
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 the Demolition Permit.)
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
June 9, 2016
Page 49
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
CONSENT STAFF REPORT
APPLICATION:
B014/16
DATE:
JUNE 9, 2016
NAME OF OWNER:
2453045 ONTARIO INC
NAME OF AGENT:
KLM PLANNING INC.
H
RELATED FILES: B013/16 & D02/15023 (Re-Zoning Application)
STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990
THE PROPERTY:
131 Douglas Road & 123 Douglas Road (Merged Parcels)
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 15.24 metres (50.00 feet) by 73.15 metres (240.00
square feet), approximately 1,114.80 square metres (11,999.60 square feet) and retain a parcel of land approximately
18.29 metres (60.00 feet) by 73.15 metres (240.00 square feet) approximately 1,337.90 square metres (14,401.03 square
feet). The severed and retained lands will have frontage onto Douglas Road and the existing single family dwelling is to be
demolished.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
Single Detached Six (R6) Zone
By-law No. 313-96, as amended by By-law 23-16
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Building Height:
Maximum Lot Coverage:
15.0 metres (49.21 feet)
500.0 square metres (5,381.96 square feet)
4.50 metres (14.76 feet)
1.3 metres (4.27 feet) and 1.40 metres (4.59 feet)*
7.50 metres (24.61 feet)
11 metres (36.09 feet)
40%
*Refer to By-law No. 23-16
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.
June 9, 2016
Page 50
SITE CONDITIONS:
The subject lands are located on the south side of Douglas Road, west of Dunn Drive and east of Yonge Street and are
situated within the Douglas Road Neighbourhood Infill Study Area. In this regard, the character of the surrounding
neighbourhood is representative of small-scale infill development and the reconstruction of older dwellings. The subject
lands support one single detached dwelling, to be demolished, on each original building lot.
A Zoning By-law Amendment to rezone the subject lands to “Single Detached Six (R6) Zone” under By-law 313-96, as
amended, received final approval on May 12th, 2016.
ADJACENT LAND CONDITIONS:
North:
Douglas Road
South:
Residential
East:
Drainage Swale
West:
Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on May 12, 2016.
Public notice was mailed on May 26, 2016.
Applicant confirmed posting of signage on May 19, 2016.
Planning & Regulatory Services - Building/Zoning:
The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law, subject to the
following comments:
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. 15-90 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 & Regulatory Services - Planning:
The applicant is seeking approval of two severance applications to facilitate the creation of two additional building lots with
frontage on Douglas Road. In support of this proposal, the following is requested:
•
•
•
to sever a parcel of land for residential purposes approximately 15.24 metres (50.0 feet) by 73.15 metres (240.0 feet)
and approximately 1,114.80 square metres (11,999.60 square feet);
to sever a parcel of land for residential purposes approximately 15.24 metres (50.0 feet) by 73.15 metres (240.0
square feet) and approximately 1,114.80 square metres (11,999.60 square feet); and,
to retain a parcel of land for residential purposes approximately 18.29 metres (60.0 feet) by 73.15 metres (240.0 feet)
and approximately 1,337.90 square metres (14,401.03 square feet).
As noted above, the subject lands are situated within the Douglas Road Neighbourhood Infill Study Area, which
recommends a minimum lot frontage of 15.0 metres (50.0 feet) for new lots located on existing streets. In accordance with
Official Plan Policy 4.9.1.1.3, development must be in conformity with the applicable Infill Study approved by Council for
the area. Planning staff has reviewed the application and concludes that the proposed consent application aligns with the
recommendations of the applicable Infill Study and is in keeping with the established patterns of redevelopment occurring
within the Douglas Road Neighbourhood.
June 9, 2016
Page 51
On the basis of the preceding, Planning staff recommends that consent applications B013/16 and B014/16 be approved. In
addition, it is recommended that all existing buildings and structures located on the original building lots be demolished as
a condition of consent approval.
Planning & Regulatory Services - Development Engineering:
The Development Engineering Division has reviewed the above noted application and recommends the inclusion of
provisional conditions of consent as indicated herein:
We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units
created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation
reserve.
1. GRADING CONDITION
"That the applicant:
(a)
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;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) 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
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) 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 Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
2. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
June 9, 2016
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
Page 52
$ 1,544.40 per metre (if applicable and if in same trench)
+ HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
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: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
3. 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.
Planning & Regulatory Services - Parks & Natural Heritage:
Parks staff has no comments on the application.
Comments for the applicant – for information purposes
• The property is subject to Tree Preservation By-law No. 41-07 as it applies. Injury or destruction of any tree equal to
or greater than 20 cm DBH on the subject property or any adjacent properties requires permission from the Town,
prior to undertaking the works.
• Ensure the future development and grading plan considers and protects the tree protection zone of neighbouring
trees. Please see Town of Richmond Hill Fact Sheet 5.0 – Guidelines for Construction Near Trees for more
information on this matter.
• Please be advised that a tree replacement plan will be required to offset removals. Replacement with native species
is recommended.
• Parks staff will continue to comment on the related zoning application, as required.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
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 $112.00 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.
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
June 9, 2016
Page 53
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.)
6. The applicant/owner must enter into an agreement providing for payment of Area Specific Development Charges at
the time of the execution of the Agreement.
PowerStream Inc.:
No objections (comments attached)
Enbridge Gas Distribution Inc.:
No objections (comments attached)
Bell Canada:
No concerns or objections.
York Region - Transportation & Community Planning Department:
No response.
York Region District School Board:
No response.
York Region Separate School Board:
No response.
TRCA:
TRCA staff recommend conditional approval of the above noted application as currently submitted, subject to the following
condition:
1. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
*TRCA correspondence has been attached.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
B014/16 – Concurrent Application
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following conditions are recommended:
PLANNING & REGULATORY SERVICES – BUILDING/ZONING
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. 15-90 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.
June 9, 2016
Page 54
PLANNING & REGULATORY SERVICES - DEVELOPMENT ENGINEERING
2. GRADING CONDITION
"That the applicant:
(a)
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;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) 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
(e) ensure that any easements required to be provided pursuant to the agreement referred to in (c) 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 Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
3. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same trench)
+ HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
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: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
June 9, 2016
Page 55
4. 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.
CORPORATE & FINANCIAL SERVICES
5. That the applicant enters into an agreement acknowledging that the Town will require land to be conveyed to it for park
or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land, pursuant to
Section 42 of the Planning Act, prior to the issuance of a building permit. Such agreement must be registered on title to
the RETAINED PARCEL for the purpose of notice. Further, the applicant shall be required to pay the sum of $112.00
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.).
6. Payment of all current and outstanding taxes to date of consent.
7. The applicant/owner must enter into an agreement providing for payment of Area Specific Development Charges at
the time of the execution of the Agreement.
TRCA
8. That the applicant remits the outstanding TRCA Planning Services review fee of $1,325.00.
COMMITTEE OF ADJUSTMENT:
9. That application B013/14 receive final certification of the secretary-treasurer and be registered on title prior to
completion of this application.
10. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the
severed land (easement), for use for the issuance of the certificate of consent.
11. 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.
WARNING:
ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which
this application shall thereupon be deemed to be refused.
Section 53(41), The Planning Act R.S.O., 1990
FINANCE/REGIONAL AND MUNICIPAL NOTICE:
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.
The Town will require land to be conveyed for park or other public recreation purposes or, at its 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).
Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance
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 the Demolition Permit.)
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
June 9, 2016
Page 56
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A044/16
DATE:
JUNE 9, 2016
NAME OF OWNER:
2505274 ONTARIO INC.
NAME OF AGENT:
N/A
I
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
66 Marbrook Street
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 2523, as amended, to permit reduced minimum interior side yard setbacks
(east and west), increased maximum encroachment into rear yard (deck) and increased maximum lot coverage to
accommodate the construction of a proposed two storey single family dwelling.
Maximum Lot Coverage
Minimum Sideyard Setback - East
Minimum Sideyard Setback - West
Rear Yard Encroachment
By-Law
Requirement
30%
1.52 m (5.00 ft)
1.52 m (5.00 ft)
0.9144 m (3.00 ft)
Proposed
40%
1.20 m ( 3.94 ft)
1.20 m ( 3.94 ft)
2.40 m (7.87 ft)
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
Third Density Residential Zone (R3) Zone
By-law No. 2523, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Lot Coverage:
Maximum Height:
15.24 metres (50 feet)
557.4 square metres (6000 square feet)
7.62 metres (25 feet)
1.52 metres (5 feet)
7.62 metres (25 feet)
30%
10.67 metres (35 feet)
Difference
10%
0.32 m ( 1.06 ft)
0.32 m ( 1.06 ft)
1.48 m (4.87 ft)
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.
June 9, 2016
Page 57
SITE CONDITIONS:
The subject lands are located on the north side of Marbrook Street, south of Elgin Mills Road West and west of Regent
Street. The subject lot was created through a previous Consent Application (B005/09). The lands are currently vacant, but
are situated within a recently rezoned (D02-10027) and newly created subdivision (D03-10004). The subdivision is zoned
“Single Family Seven” (R7) Zone under By-law 2523, as amended, and largely consists of two-storey single detached
dwellings.
ADJACENT LAND CONDITIONS:
North:
Residential
South:
Marbrook Street
East:
Residential
West:
Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on May 12, 2016.
Public notice was mailed on May 26, 2016.
The applicant has not confirmed posting of public notice sign.
Planning & Regulatory Services - Building/Zoning:
The requested variance is correct.
Planning & Regulatory Services - Planning:
The applicant is requesting relief from By-law 2523, as amended, in order to permit increased maximum lot coverage,
reduced minimum side yard setbacks (east and west), and increased maximum rear yard (deck) encroachment to
accommodate the construction of a proposed two-storey single family dwelling. In support of this request, the following
variances are proposed:
•
•
•
•
Increased Maximum Lot Coverage from 30%, as required, to 40% as proposed;
Decreased Minimum Side Yard Setback (east) from 1.52 metres (5.00 feet) as required, to 1.20 metres (3.94 feet) as
proposed;
Decreased Minimum Side Yard Setback (west) from 1.52 metres (5.00 feet) as required, to 1.20 metres (3.94 feet) as
proposed; and,
Increased Rear Yard Encroachment from 0.9114 metres (3.00 feet) as required, to 2.40 metres (7.87 feet) as
proposed.
Planning staff have reviewed the application and conclude that the requested variances are considered appropriate within
the context of the existing neighbourhood. As a result of the previous Consent Application (B005/09), the subject lot is
aligned with the lots created through the recent rezoning (D02-10027) and subdivision (D03-10004) applications. The
zoning requirements under the R7 designation are as follows:
ZONING PROVISIONS (R7):
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Interior Side Yard Setback:
Maximum Read Yard Encroachment:
Maximum Lot Coverage:
12.2 metres (40.03 feet)
408.00 square metres (4391.68 square feet)
1.20 metres (3.94 feet)
2.00 metres (6.56 feet)
45%
June 9, 2016
Page 58
Considering this, the proposed variances are largely aligned with the standards permitted under the R7 designation. It
should be noted that the subject lot exceeds the requirements under the R7 designation in terms of lot frontage and lot
area, with an existing frontage of 16.15 metres (52.99 feet) and a lot area of 566.58 square metres (6098.62 square feet).
Therefore, any potential negative impacts of the requested variances on the lot fabric and character of the existing
neighbourhood will be further mitigated. The proposed lot coverage, side yard setbacks, and rear yard encroachment are
therefore considered appropriate within the context of the surrounding neighbourhood.
On the basis of the preceding, the proposal meets the four (4) conditions described under Section 45(1) of the Planning
Act for the evaluation of minor variance proposals. In this regard, the requested relief from the by-law, as proposed, is
minor in nature, is desirable for the development of the land, and meets the general intent of the applicable zoning by-law
and of the Town’s Official Plan. Planning staff recommends that minor variance application A044/16 be approved.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application.
Comments for the applicant – applicable to future applications
• The property is subject to Tree Preservation By-law No. 41-07 as it applies. Injury or destruction of any tree equal to
or greater than 20 cm DBH on the subject property or any adjacent properties requires permission from the Town,
prior to undertaking the works.
• Ensure the future development and grading plan considers and protects the tree protection zone of retained
neighbouring trees. Please see Town of Richmond Hill Fact Sheet 5.0 – Guidelines for Construction Near Trees for
more information on this matter as there is a 70 cm diameter at breast height tree 3 metres from the property line.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No concerns.
TRCA:
TRCA staff recommend conditional approval of the above noted application as currently submitted, subject to the following
condition:
1. That the applicant remits the outstanding TRCA Planning Services review fee of $100.00.
*TRCA correspondence has been attached.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
June 9, 2016
Page 59
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
N/A
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
3. That the applicant remits the outstanding TRCA Planning Services review fee of $100.00.
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
June 9, 2016
Page 60
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A046/16
DATE:
JUNE 9, 2016
NAME OF OWNER:
CARLO TOZZI, RODOLFO & MARCO LUCCHESI
NAME OF AGENT:
NADA SUNDARAM
J
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
72 Naughton Drive
Town of Richmond Hill
THE REQUEST:
To permit the expansion of a legal non-conforming use to accommodate the reconstruction of the existing single family
dwelling on the same building footprint as the original dwelling.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood, Natural Core and Hazardous Lands
Residential Single Family Six (R6) Zone and Flood Zone (F)
190-87, as amended
ZONING PROVISIONS (R6):
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Lot Coverage:
Maximum Height:
17 metres (55.77 feet)
502.00 square metres (5403. 48 square feet)
4.5 metres (14.76 feet)
1.50 metres (4.92 feet)
7.5 metres (24.60 feet)
40%
11 metres (36.09 feet)
ZONING PROVISIONS (F):
Permitted Uses:
• Conservation
• Forestry
• Agriculture
• Horticultural Nursery
• Recreational Uses
• Private Park
Special Provision Number (1) for Flood Zone:
Buildings and structures shall not be permitted except where they are intended for flood and erosion control.
June 9, 2016
Page 61
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 lands are located on the north side of Naughton Drive, north of Canyon Hill Avenue, south of Brookside Road, and
west of Yonge Street. The lands currently support the original foundations of the demolished single detached dwelling built
in 1978 previously located on the subject lands. A portion of the German Mills Creek and its associated flood plain is also
contained within the subject lands.
ADJACENT LAND CONDITIONS:
North:
Residential/ German Mills Creek
South:
Naughton Drive
East:
Residential
West:
Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on May 12, 2016.
Public notice was mailed on May 26, 2016.
The applicant confirmed posting of public notice sign on May 24, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variance is correct.
Planning & Regulatory Services - Planning:
The subject lands are partially zoned “Flood Zone” under Zoning By-law 190-87. The area affected by the proposed
construction is partially located within the Flood Zone. Specifically, the rear portion of the proposed dwelling is located
within the Flood Zone. In accordance with By-law No. 190-87, buildings and structures shall not be permitted except where
they are intended for flood and erosion control within the Flood Zone. However, given that the residential structure was
lawfully in existence on March 8, 1988 (the date that By-law No. 190-87 consider as “existing”), the use and structure are
considered to be legal non-conforming. Applications to the Committee that deal with legal non-conforming use are subject
to subsection 45(2) of the Planning Act. Unlike applications that are subject to subsection 45(1) of the Planning Act,
applications that are subject subsection 45(2) do not require to satisfy “the four tests of minor variance”.
In accordance with subsection 45(2)(a) of the Planning Act, the Committee of Adjustment may permit the following:
i)
enlargement or extension of buildings or structures if the use of the building or structure on the day the bylaw was passed continued to the date of the application to the Committee, and
ii)
the use of the land, building or structure, in the opinion of the Committee, is similar to the purpose for which it
was used on the day the by-law was passed.
The proposed single detached dwelling is anticipated to be rebuilt on the foundations of the previous dwelling, indicating
that the use of the structure for residential purposes is intended to continue for the same purposes as it was on the day the
by-law passed until the date of the application to the Committee of Adjustment.
Staff has no objections to the proposed reconstruction and enlargement of the single detached dwelling on the subject
lands for the following reasons:
June 9, 2016
•
•
•
•
Page 62
the use of the structure remains the same;
the proposed dwelling is to be built on the foundations of the original dwelling;
the only enlargement of the dwelling is in regards to building height; and,
the use of the dwelling for residential purposes was established in 1978 and the day By-law No. 190-87 was
passed.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application.
Comments for the applicant – applicable to future applications
The property is subject to Tree Preservation By-law No. 41-07 as it applies. Injury or destruction of any tree equal to or
greater than 20 cm DBH on the subject property or any adjacent properties requires permission from the Town, prior to
undertaking the works.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No concerns.
York Region - Transportation & Community Planning Department:
No response.
TRCA:
TRCA staff recommend conditional approval of the above noted application as currently submitted, subject to the following
condition:
1. That the applicant remits the outstanding TRCA Planning Services review fee of $550.00.
*TRCA correspondence has been attached.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
N/A
June 9, 2016
Page 63
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the expansion pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch submitted with the application.
3. That the applicant remits the outstanding TRCA Planning Services review fee of $550.00.
FOR THE FOLLOWING REASONS:
5. The general intent and purpose of the by-law will be maintained.
6. The general intent and purpose of the official plan will be maintained
7. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
8. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
June 9, 2016
Page 64
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A047/16
DATE:
JUNE 9, 2016
NAME OF OWNER:
ARMIN MOHAMMADI
NAME OF AGENT:
RAYMOND FLOYD
K
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
84 Westwood Lane
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 2523, as amended, to permit increased maximum lot coverage to
accommodate the construction of a two storey single family dwelling. Relief is also being sought to recognize the existing
(deficient) lot frontage.
Maximum Lot Coverage
Minimum Frontage
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
By-Law
Requirement
20%
30.48 m ( 100.00 ft)
Proposed
23.13%
30.45 m ( 99.90 ft)
Difference
3.13%
0.03 m ( 0.10 ft)
Neighbourhood
First Density Residential “S” (R1(S)) Zone
By-law No. 2523, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Building Height:
Maximum Lot Coverage
30.48 metres (100.0 feet)
1,393.55 square metres (15,000.0 square feet)
9.14 metres (30.0 feet)
1.52 metres (5.0 feet)
7.62 metres (25.0 feet)
10.67 metres (35.0 feet)
20%
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.
June 9, 2016
Page 65
SITE CONDITIONS:
The subject lands are located on the north side of Westwood Lane, north-west of Denham Drive, south of Bryson Drive,
and east of Maryvale Crescent. The lands are currently vacant but are situated within an established residential area,
largely consisting of large, two-storey single family dwellings.
ADJACENT LAND CONDITIONS:
North:
Residential
South:
Westwood Lane
East:
Residential
West:
Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on May 12, 2016.
Public notice was mailed on May 26, 2016.
The applicant confirmed posting of public notice sign on May 26, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variance is correct, however please note:
Height is measured to the mid-point of a pitched roof. Roof style will be confirmed at time of Building Permit. If the roof is
determined to be flat (no peak) then height will have to be measured to the highest point of the flat roof.
Planning & Regulatory Services - Planning:
The applicant is requesting relief from By-law 2523, as amended, in order to permit increased maximum lot coverage to
accommodate the construction of a proposed two-storey single family dwelling. Relief is also being sought to recognize the
existing (deficient) lot frontage. In support of this request, the following variances are proposed:
•
•
Increased maximum lot coverage from 30.00%, as required, to 34.75%, as proposed; and,
Recognize the existing (deficient) lot frontage of 30.45m (99.90 ft.), where 30.48 m. (100.00 ft.) is required.
Planning staff have reviewed the application and conclude that the requested variances are considered appropriate within
the context of the existing neighbourhood. It should be noted that the proposed front, side, and rear yard setbacks, as well
as building height conform to the requirements of the applicable by-law therefore reducing potential negative impacts of
increased lot coverage and deficient lot frontage on the character and lot pattern of the surrounding neighbourhood. The
proposed lot coverage is considered to be appropriate within the context of the neighbourhood and is consistent with
standards previously approved by the Committee (i.e. File No. A029/14 97 Westwood Lane).
On the basis of the preceding, the proposal meets the four (4) conditions described under Section 45(1) of the Planning
Act for the evaluation of minor variance proposals. In this regard, the requested relief from the by-law, as proposed, is
minor in nature, is desirable for the development of the land, and meets the general intent of the applicable zoning by-law
and of the Town’s Official Plan. Planning staff recommends that minor variance application A047/16 be approved.
Planning & Regulatory Services - Development Engineering:
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application.
No concerns or objections.
June 9, 2016
Page 66
Comments for the applicant – applicable to future applications
• The property is subject to Tree Preservation By-law No. 41-07 as it applies. Injury or destruction of any tree equal to
or greater than 20 cm DBH on the subject property or any adjacent properties requires permission from the Town,
prior to undertaking the works.
• Ensure the future development and grading plan considers and protects the tree protection zone of retained on site
and neighbouring trees. Please see Town of Richmond Hill Fact Sheet 5.0 – Guidelines for Construction Near Trees
for more information on this matter.
• Please be advised that a tree replacement plan will be required to offset removals. Replacement with native species
is recommended.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No concerns.
York Region - Transportation & Community Planning Department:
No response.
TRCA:
No objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
N/A
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
June 9, 2016
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
Page 67
June 9, 2016
Page 68
L
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A048/16
DATE:
JUNE 9, 2016
NAME OF OWNER:
GIULIANO SPERINI (BENEFICIAL OWNER)
NAME OF AGENT:
RAYMOND FLOYD
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
34 Mackay Drive
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 2523, as amended, to permit increased maximum lot coverage to
accommodate the construction of a proposed single family dwelling.
Maximum Lot Coverage
By-Law
Requirement
30%
Proposed
34.9%
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
Third Density Residential Zone (R3) Zone
By-law No. 2523, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Lot Coverage:
Maximum Height:
15.24 metres (50 feet)
557.4 square metres (6000 square feet)
7.62 metres (25 feet)
1.52 metres (5 feet)
7.62 metres (25 feet)
30%
10.67 metres (35 feet)
Difference
4.9%
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.
June 9, 2016
Page 69
SITE CONDITIONS:
The subject lands are located on the north side of Mackay Drive, south of Scott Drive, east of Pearson Avenue, and west
of Yonge Street. The lands currently support a two-storey single detached dwelling, which is proposed to be demolished in
order to construct a new two-storey single detached dwelling. The lands are situated within an established residential area
largely consisting of two-storey single detached dwellings.
ADJACENT LAND CONDITIONS:
North:
Residential
South:
Mackay Drive
East:
Residential
West:
Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on May 12, 2016.
Public notice was mailed on May 26, 2016.
The applicant confirmed posting of public notice sign on May 26, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variance is correct.
Planning & Regulatory Services - Planning:
The applicant is requesting relief from By-law 2523, as amended, in order to permit increased maximum lot coverage to
accommodate the construction of a proposed two-storey single family dwelling. In support of this request, the following
variance is proposed:
•
Increased maximum lot coverage from 30.00%, as required, to 34.9%, as proposed.
Planning staff have reviewed the application and conclude that the requested variances are considered appropriate within
the context of the existing neighbourhood. It should be noted that the proposed front, side, rear yard setbacks, as well as
building height conform to the requirements of the applicable by-law therefore reducing potential negative impacts of
increased lot coverage on the character and lot pattern of the surrounding neighbourhood. The proposed lot coverage is
considered to be appropriate within the context of the neighbourhood and is consistent with standards previously
approved by the Committee (i.e. File No. A086/13, 6 Mackay Drive and File No. A066/05, 30 Mackay Drive).
On the basis of the preceding, the proposal meets the four (4) conditions described under Section 45(1) of the Planning
Act for the evaluation of minor variance proposals. In this regard, the requested relief from the by-law, as proposed, is
minor in nature, is desirable for the development of the land, and meets the general intent of the applicable zoning by-law
and of the Town’s Official Plan. Planning staff recommends that minor variance application A048/16 be approved.
Planning & Regulatory Services - Development Engineering:
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application.
No concerns or objections.
June 9, 2016
Page 70
Comments for the applicant – applicable to future applications
• The property is subject to Tree Preservation By-law No. 41-07 as it applies. Injury or destruction of any tree equal to
or greater than 20 cm DBH on the subject property or any adjacent properties requires permission from the Town,
prior to undertaking the works.
• Ensure the future development and grading plan considers and protects the tree protection zone of retained onsite
and neighbouring trees. Please see Town of Richmond Hill Fact Sheet 5.0 – Guidelines for Construction Near Trees
for more information on this matter.
• Please be advised that a tree replacement plan will be required to offset removals. Replacement with native species
is recommended.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No concerns.
York Region - Transportation & Community Planning Department:
No response.
TRCA:
No objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
N/A
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
June 9, 2016
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
Page 71
June 9, 2016
Page 72
M
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A049/16
DATE:
JUNE 9, 2016
NAME OF OWNER:
1885124 ONTARIO INC.
NAME OF AGENT:
TRIAXIS CONSTRUCTION LTD.
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
90 Performance Drive
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 150-80, as amended, to permit a reduced number of parking spaces and an
increased percentage of non-accessory office use to accommodate a second floor addition within the existing building that
will be used as office space.
% Non-Accessory Offices
Parking Spaces
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Height (Industrial):
Parking Requirement (Industrial):
By-Law
Requirement
15%
99 spaces
Proposed
16.8%
88 spaces
Difference
1.8%
11 spaces
Employment Area
High Performance Industrial (M-1) Zone
By-law 150-80, as amended
30.0 m. (19.69 ft.)
0.8 ha. (1.98 ac.)
12.0 m. (39.37 ft.)
6.0 m. (19.69 ft.)
12.0 m. (39.37 ft.)
14 m. (45.93 ft.)
1 parking space per 42 sq. m. (first 2,800 sq. m. (30,138.95 sq. ft.) or
less of building floor area)
1 parking space per 93 sq. m. (building floor area greater than 2,800 sq.
m. (30,138.95 sq. ft.))
June 9, 2016
Page 73
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 property is currently vacant and is located within the Barker Business Park. A site plan was registered in
February 2016 for a one-storey industrial building.
ADJACENT LAND CONDITIONS:
North:
Vacant
South:
Performance Drive
East:
Via Renzo Drive
West:
Vacant
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on May 12, 2016.
Public notice was mailed on May 26, 2016.
The applicant confirmed posting of public notice sign on May 12, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variance is correct.
Planning & Regulatory Services - Planning:
The proposed variances are requested to facilitate a second floor addition within an approved building on the subject
property that will be used for office space. The property was subject to a Site Plan application (Town File No.: D06-14094)
for an industrial building.
To facilitate the proposed development, the minor variance application is specifically seeking relief from the following
provisions of By-law 150-80, as amended:
•
•
Increase the maximum percentage of non-accessory office space from 15% as required, to 16.8%; and,
Decrease the number of parking spaces from ninety-nine (99) as required, to eighty-eight (88).
The subject property is located within the Barker Business Park, which is intended to support employment uses in the
Town. A site plan was registered in February 2016 for an industrial building on the subject lands; the current application is
required as additional office space is proposed on the second floor, located over existing office space and warehousing on
the ground floor, and as such would increase the overall office space in the building beyond the permitted percentage as
per the By-law. No alterations to the site or exterior of the building are proposed as the additional office space would be
internal to the building.
The increase in the overall office space would necessitate an increase in the amount of parking spaces on site based on
the parking requirements in the applicable By-law. A Parking Study was submitted as part of the application for the
requested variance in parking required on site. The Town’s Development Engineering Division has reviewed the submitted
parking study associated with the proposed increase in office space and has no objections to a parking supply of eightyeight (88) spaces on the subject lands.
June 9, 2016
Page 74
Planning staff has reviewed the proposed minor variances for an increased in non-accessory office space and reduced
parking and believes that the proposal meets the four (4) prescribed tests set out in Section 45.1 of the Planning Act in that
the requested variance is considered to be minor in nature, is desirable for the appropriate development of the subject
land, and maintains the general intent and purpose of the applicable Official Plan and Zoning By-law.
Planning & Regulatory Services - Development Engineering:
The Development Engineering Section has reviewed the subject minor variance application and provides the following
comment:
We reviewed the GFA information associated with the proposed increase in office space along with the parking
requirements for various ITE land use codes and, as a result of the outcome of our review, we have no objections to a
parking supply of 88 spaces.
Planning & Regulatory Services – Parks & Natural Heritage:
No comments.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No concerns.
York Region - Transportation & Community Planning Department:
No response.
TRCA:
No objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
N/A
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1.
That the variances pertain only to the request as submitted with the application.
June 9, 2016
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
Page 75
June 9, 2016
Page 76
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A056/16
DATE:
JUNE 9, 2016
NAME OF OWNER:
DEXTER ROAD DEVELOPMENT CORP.
NAME OF AGENT:
N/A
N
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
97 Pemberton Road
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 2523, as amended, to vary the definition of a lot to permit Block 20 on Plan
65M-4492 and the severed land (B039/15) to be jointly defined as a single "lot" under the By-law.
PRESENT DESIGNATION:
Official Plan:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
Second Density Residential (R2) Zone
By-law 2523, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
18.2 metres (60 feet)
696.75 square metres (7,500 square feet)
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 currently contain a single detached dwelling.
ADJACENT LAND CONDITIONS:
North: Pemberton Road
South: Dexter Road
East: Residential
West: Residential
June 9, 2016
Page 77
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on May 27, 2016.
Public notice was mailed on May 27, 2016.
The applicant confirmed posting of public notice sign on May 27, 2016.
Planning & Regulatory Services - Building/Zoning:
Comments to follow.
Planning & Regulatory Services - Planning:
Comments to follow.
Planning & Regulatory Services - Development Engineering:
Comments to follow.
Planning & Regulatory Services – Parks & Natural Heritage:
Comments to follow.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No concerns.
York Region - Transportation & Community Planning Department:
No response.
TRCA:
No comments or objections (B039/15)
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
B016/16 – Lot Addition; Certificate Issued October 4/13
B039/15 – Lot Addition; Conditionally Approved
June 9, 2016
Page 78
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment