Applicant: LCT INVESTMENT GROUP LIMITED Kipling Avenue, Woodbridge. Masongsong Associates Engineering Limited

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1 File: A285/12 Item # 25 Ward #2 Applicant: LCT INVESTMENT GROUP LIMITED Address: Agent: Kipling Avenue, Woodbridge ANDREW IP Masongsong Associates Engineering Limited Adjournment Status: PREVIOUSLY ADJOURNED FROM THE NOV 8, 2012 MEETING. At the Committee of Adjustment meeting of Thursday, NOV 8, 2012, the Committee agreed to ADJOURN the above-mentioned application, to allow time for the Development Planning and Engineering Departments to review and provide comments on the submitted Parking Study. PREVIOUSLY ADJOURNED FROM THE OCT 11, 2012 MEETING. At the Committee of Adjustment meeting of Thursday, OCT 11, 2012, the Committee agreed to ADJOURN the above-mentioned application, to allow time to provide the requested parking study requested by the Development Planning and Engineering Departments. PREVIOUSLY ADJOURNED FROM THE SEPT 20, 2012 MEETING. At the Committee of Adjustment meeting of Thursday, SEPT 20, 2012, the Committee agreed to ADJOURN the above-mentioned application, to allow time for a Parking Study to be submitted as requested by the Development Planning and Engineering Departments. Comments/Conditions: Commenting Department Comment Condition of Approval Building Standards Development Planning - requested adjournment (new) Engineering - requested adjournment (new) TRCA PowerStream Other - Other - Legend: - Positive Comment - Negative Comment Prepared By: Lenore Providence

2 Providence, Lenore Subject: FW: A285/12 - Request Adjournment From: Andrew Ip [mailto:andrewi@maeng.ca] Sent: Thursday, November 01, :03 AM To: Providence, Lenore Cc: Porukova, Nadia; Antoine, Mark; Coles, Todd Subject: RE: A285/12 - Request Adjournment Lenore, we are requesting a further adjournment of application A285/12 to the November 22 hearing. The parking study data count was completed just yesterday, and a draft report won t be available until tomorrow. If we file the report with staff on Monday, it will unlikely be sufficient time for them to review it prior to November 8. Therefore a further adjournment to the November 22 hearing should accommodate everyone s review of the report. Thank you in advance, Andrew Andrew Ip, P.Eng Principal Masongsong Associates Engineering Limited 7800 Kennedy Road, Suite 201 Markham, Ontario L3R 2C7 T: x 238 F: From: Providence, Lenore [mailto:lenore.providence@vaughan.ca] Sent: Wednesday, October 31, :14 PM To: Andrew Ip Cc: Porukova, Nadia; Antoine, Mark; Coles, Todd Subject: RE: A285/12 - Staus??? Hello Andrew, I m looking to see where we are with this application. Last I heard you were adjourning to the November 8, 2012 meeting in order to provide the parking study. I haven t seen it, have you submitted this study to Engineering? What is the status. Will you require further adjournment? Let me know. Lenore Providence Assistant to the Secretary-Treasurer <lenore.providence@vaughan.ca> Tel [905] ext Fax [905]

3 Providence, Lenore Subject: FW: A285/12 - Confirmation of the adjournment RECEIVED OCTOBER 2, 2012 Committee of Adjustment From: Andrew Ip [mailto:andrewi@maeng.ca] Sent: Tuesday, October 02, :48 AM To: Providence, Lenore Cc: Porukova, Nadia; Antoine, Mark; Alkenbrack, Laurie Subject: RE: A285/12 - Confirmation of the adjournment Lenore, we are kindly requesting a further adjournment of application A285/12 to the November 8 hearing. The type of parking study that staff has requested cannot be completed in the timeline to meet the October dates. We hope to have a report by mid October, such that staff can have a chance to review it before the November 8 Committee. Regards, Andrew Andrew Ip, P.Eng Principal Masongsong Associates Engineering Limited 7800 Kennedy Road, Suite 201 Markham, Ontario L3R 2C7 T: x 238 F:

4 EXTRACTS FROM THE NOVEMBER 8, 2012 COMMITTEE OF ADJUSTMENT MINUTES ADJOURNMENTS AND/OR DEFERRALS On November 8, 2012 an was received from Gerry Borean representing the owner Alex Pizzimenti, requesting that item 6, File No. A296/12 ALEX PIZZIMENTI, be ADJOURNED to the meeting of November 22, 2012, to allow time to address the Planning Department comments. On October 31, 2012 an was received from Colin Ruskin, the agent, requesting that item 19, File No. A260/12 GAIL RUSKIN, be further ADJOURNED to the meeting of December 6, 2012, to allow time for the Planning Department to review the woodlot study. On November 1, 2012 an was received from Andrew Ip, the agent, requesting that item 22, File No. A285/12 LCT INVESTMENT GROUP LIMITED, be further ADJOURNED to the meeting of November 22, 2012, to allow time for staff to review the recently submitted parking study. MOVED by A. Perrella Seconded by H. Zheng That items 6, File No. A296/12 ALEX PIZZIMENTI, be ADJOURNED to the meeting of November 22, That item 19, File No. A260/12 GAIL RUSKIN, be further ADJOURNED to the meeting of December 6, That item 22, File No. A285/12 LCT INVESTMENT GROUP LIMITED, be further ADJOURNED to the meeting of November 22, 2012, CARRIED. Page 1 of 1

5 EXTRACTS FROM THE OCTOBER 11, 2012 COMMITTEE OF ADJUSTMENT MINUTES ADJOURNMENTS AND/OR DEFERRALS On October 10, 2012 an was received from Aldo Salerno, the applicant, requesting that Item 11, File No. A292/12 ALDO SALERNO, be ADJOURNED to the October 25, 2012, meeting, to allow time for the applicant to accommodate the Development Planning Department s request; On October 10, 2012 an was received from Joe Calderone, the agent, requesting that Item 40, File No. A224/12 MARCO DE LUCA LTD., be further ADJOURNED to the October 25, 2012, meeting, as they are still trying to resolve the parking study issues with Planning and Engineering Departments; On October 10, 2012 a letter was received from Frank Ottaviani, the applicant, requesting that Item 41, File No. A247/12 FRANK & MARY OTTAVIANI, be further ADJOURNED to the October 25, 2012, meeting, as his agent will not be able to attend the hearing to represent the applicants; On October 5, 2012 an was received from Colin Ruskin, the agent, requesting that Item 42, File No. A260/12 GAIL RUSKIN, be further ADJOURNED to the November 8, 2012, meeting, to allow more time for discussions with the Planning Department; On October 2, 2012 an was received from Andrew Ip, the agent, requesting that Item 43, File No. A285/12 LCT INVESTMENT GROUP LIMITED, be further ADJOURNED to the November 8, 2012 meeting, to allow time to provide the requested parking study requested by the Development Planning and Engineering Departments. MOVED by A. Perrella Seconded by L. Fluxgold THAT Item 11, File No. A292/12 ALDO SALERNO, be ADJOURNED to the October 25, 2012, meeting. THAT Item 40, File No. A224/12 MARCO DE LUCA LTD., be further ADJOURNED to the October 25, 2012, meeting. THAT Item 41, File No. A247/12 FRANK & MARY OTTAVIANI, be further ADJOURNED to the October 25, 2012, meeting. THAT Item 42, File No. A260/12 GAIL RUSKIN, be further ADJOURNED to the November 8, 2012, meeting. THAT Item 43, File No. A285/12 LCT INVESTMENT GROUP LIMITED, be further ADJOURNED to the November 8, 2012 meeting. CARRIED. On October 11, 2012 an was received from Gerry Fumo, the agent, requesting that Item 20, File No. A303/12 ALENA KHARLIP, be further ADJOURNED to the November 8, 2012, meeting, to allow time for the application to be re-circulated and new notice of hearing to be sent out; MOVED by A. Perrella Seconded by L. Fluxgold THAT Item 20, File No. A303/12 ALENA KHARLIP, be further ADJOURNED to the November 8, 2012, meeting. CARRIED. On October 11, 2012 an was received from Gerry Fumo, the agent, requesting that Item 19, File No. A302/12 TRIBECCA DEVELOPMENT CORPORATION, be HEARD FIRST, due to a family emergency. MOVED by A. Perrella Seconded by L. Fluxgold THAT Item 19, File No. A302/12 TRIBECCA DEVELOPMENT CORPORATION, be HEARD FIRST. CARRIED. On October 11, 2012 an was received from Davide Pellegrini, the agent, requesting that Item 33, File No. A316/12 CONDOR PROPERTIES LTD., be HEARD LAST, as he has a prior engagement and trust he will be able to make the hearing if the item is put to the end of the agenda. MOVED by L. Fluxgold Seconded by A. Perrella THAT Item 19, File No. A302/12 CONDOR PROPERTIES LTD., be HEARD LAST. CARRIED. Page 1 of 1

6 EXTRACTS FROM THE SEPTEMBER 20, 2012 COMMITTEE OF ADJUSTMENT MINUTES ADJOURNMENTS AND/OR DEFERRALS On September 14, 2012 an was received from Brian Taub, the applicant, requesting that item 10, File No. A274/12 BRIAN TAUB AND DEBRA FELDMAN, be ADJOURNED to the November 8, 2012 meeting, to allow time to address Engineering and Planning Department comments. On September 18, 2012 an was received from Andrew Ip, the agent, requesting that item 21, File No. A285/12 LCT INVESTMENT GROUP LIMITED, be ADJOURNED to the October 11, 2012 meeting, to allow time to submit a parking study requested by the Engineering Department. On September 20, 2012 an was received from Nino Rico, the agent, requesting that item 22, File No. A286/ ONTARIO LTD., be ADJOURNED to the November 8, 2012 meeting, to allow time to submit a parking study requested by the Engineering Department. Item 28, File No. A224/12 MARCO DELUCA LTD., be further ADJOURNED to the October 11, 2012 meeting, to allow time to submit a parking study requested by the Engineering Department. On September 17, 2012 a letter was received from Fabrizio Cichella, the applicant, requesting that item 29, File No. A243/12 CARLA & FABRIZIO CICHELLA, be ADJOURNED SINE DIE to allow for finance issues to be rectified, submission of revised drawings requested by the Building Standards Department and provide additional information requested by the Engineering Department. On September 18, 2012 letter was received from Antonio Figliomeni, the applicant, requesting that item 30, File No. A257/12 ANTONIO FIGLIOMENI, be further ADJOURNED to the November 8, 2012 meeting, to allow for re-circulation of a new notice as the application has been amended. On September 20, 2012 an was received from Colin Ruskin, the agent, requesting that Item 31, File No. A260/12 GAIL RUSKIN, be further ADJOURNED to the October 11, 2012 meeting, to allow time for discussion with the Planning Department regarding the Woodlot Study submitted. Item 32 File No. A264/12 MARIA DIBIASE, be further ADJOURNED to the November 8, 2012 meeting, to allow for re-circulation of a new notice as the application has been amended. MOVED by A. Perrella Seconded by H. Zheng That item 10, File No. A274/12 BRIAN TAUB AND DEBRA FELDMAN, be ADJOURNED to the November 8, 2012 meeting. That item 21, File No. A285/12 LCT INVESTMENT GROUP LIMITED, be ADJOURNED to the October 11, 2012 meeting. That item 22, File No. A286/ ONTARIO LTD., be ADJOURNED to the November 8, 2012 meeting. That item 28, File No. A224/12 MARCO DELUCA LTD., be further ADJOURNED to the October 11, 2012 meeting. That item 29, File No. A243/12 CARLA & FABRIZIO CICHELLA, be ADJOURNED SINE DIE. That item 30, File No. A257/12 ANTONIO FIGLIOMENI, be further ADJOURNED to the November 8, 2012 meeting. That Item 31, File No. A260/12 GAIL RUSKIN, be further ADJOURNED to the October 11, 2012 meeting. That item 32 File No. A264/12 MARIA DIBIASE, be further ADJOURNED to the November 8, 2012 meeting. CARRIED. Page 1 of 1

7 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1 Tel [905] Fax [905] NOTICE OF APPLICATION MINOR VARIANCES November 9, 2012 LCT Investment Group Limited Attention of Gary Tsang 8204 Kipling Avenue Woodbridge, ON L4L 2A4 Dear LCT INVESTMENT GROUP LIMITED Re: FILE NUMBER: A285/12 APPLICANT: PROPERTY: LCT INVESTMENT GROUP LIMITED Part of Lot 9, Concession 8, (municipally known as 8158, 8196, & 8204 Kipling Avenue, Woodbridge). Please be advised that at the Committee of Adjustment meeting of Thursday, November 8, 2012, the Committee agreed to ADJOURN the above-mentioned application, to allow the Development Planning Department time to review and comment on the parking study that was submitted. The new hearing was re-scheduled for NOVEMBER 22, 2012 at 6:00 p.m. in the 2 ND FLOOR COMMITTEE ROOMS 242/243. Your and/or your agent s attendance will be required at that time. There will be no formal notification to remind you of your meeting. This letter has also been copied to the interested parties listed below. PLEASE CHANGE THE SIGNAGE ON THE PROPERTY TO READ NOVEMBER 22, 2012, MEETING. A SIGNED FAX OR CAN BE SENT TO NOTIFY THIS OFFICE THAT THE CHANGE HAS BEEN DONE. If amendments are required to your application, please notify our office as soon as possible. If you have any questions regarding the above, please do not hesitate to contact the writer. Sincerely, Lenore Providence Assistant to the Secretary-Treasurer to Committee of Adjustment City of Vaughan cc: Masongsong Assoc. Engineering Ltd, Attn: Andrew Ip, 7800 Kennedy Rd., Ste. 201, Markham, ON L3R 2C7 (Agent) Nadia Porukova, Development /Transporation Engineering Department Mark Antoine, Planner 1, Development Planning Department Laurie Alkenbrack, Zoning Supervisor, Building Standards Department

8 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1 Tel [905] Fax [905] NOTICE OF APPLICATION MINOR VARIANCES September 27, 2012 LCT Investment Group Limited Attention of Gary Tsang 8204 Kipling Avenue Woodbridge, ON L4L 2A4 Dear LCT INVESTMENT GROUP LIMITED Re: FILE NUMBER: A285/12 APPLICANT: PROPERTY: LCT INVESTMENT GROUP LIMITED Part of Lot 9, Concession 8, (municipally known as 8158, 8196, & 8204 Kipling Avenue, Woodbridge). Please be advised that at the Committee of Adjustment meeting of Thursday, September 20, 2012, the Committee agreed to ADJOURN the above-mentioned application, to allow time to conduct a parking study as per the Development Planning Department comments. The new hearing was re-scheduled for OCTOBER 11, 2012 at 6:00 p.m. in the 2 ND FLOOR COMMITTEE ROOMS 242/243. Your and/or your agent s attendance will be required at that time. There will be no formal notification to remind you of your meeting. This letter has also been copied to the interested parties listed below. PLEASE CHANGE THE SIGNAGE ON THE PROPERTY TO READ OCTOBER 11, 2012, MEETING. A SIGNED FAX OR CAN BE SENT TO NOTIFY THIS OFFICE THAT THE CHANGE HAS BEEN DONE. If amendments are required to your application, please notify our office as soon as possible. If you have any questions regarding the above, please do not hesitate to contact the writer. Sincerely, Lenore Providence Assistant to the Secretary-Treasurer to Committee of Adjustment City of Vaughan cc: Masongsong Assoc. Engineering Ltd, Attn: Andrew Ip, 7800 Kennedy Rd., Ste. 201, Markham, ON L3R 2C7 (Agent) Nadia Porukova, Development /Transporation Engineering Department Mark Antoine, Planner 1, Development Planning Department Laurie Alkenbrack, Zoning Supervisor, Building Standards Department

9 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1 Tel [905] Fax [905] NOTICE OF APPLICATION MINOR VARIANCE FILE NUMBER: A285/12 APPLICANT: PROPERTY: ZONING: PURPOSE: PROPOSAL: BY-LAW REQUIREMENT: BACKGROUND INFORMATION: LCT INVESTMENT GROUP LIMITED Part of Lot 9, Concession 8, (municipally known as 8158, 8196, & 8204 Kipling Avenue, Woodbridge). The subject lands are zoned C1, Restricted Commercial Zone and subject to the provisions of Exception Number 9(1247) under By-Law 1-88 as amended. To permit the construction of live/work units and commercial business and professional offices. 1) To permit a minimum of 197 parking spaces for the site. 1) A minimum of 216 parking spaces are required for the site. (OMB Decision PL110055). Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Site Plan Application: DA (By-law ) passed on June 23, Site Plan approved based on site specific zoning by-law amendment. Minor Variance Application: A243/09 Appr. Nov. 12/09 (35 live/work units, 161 parking spaces). File will lapse on Dec. 2/10 A291/10 Appr. As amended Dec. Nov. 12/09 (35 live/work units, 161 parking spaces). File will lapse on Dec. 16/10 (35 live/work units, 181 parking spaces, 3 storey live/work units, 44 commercial units for business and professional offices, located within Blocks B1 and B2) OMB- PL11005 APPROVED Nov. 18/11 (34 live work units and one heritage unit subject to 216 parking spaces (177 spaces; 5 handicapped spaces and 34 spaces with garages) and max. 11m height). A185/11 Appr. Dec 8/11 (max bldg height of 11.55m (measured to the mid point of a pitched roof); min aisle width of 4.1m; min parking space of 3.0m by 5.79m (garage); max driveway width of 9.5m (Kipling Avenue access). A sketch is attached illustrating the request. This application will be heard by the Committee of Adjustment on the date and time shown below. DATE: THURSDAY, SEPTEMBER 20, 2012 TIME: LOCATION: 6:00 PM COMMITTEE ROOM 242/243 (2 nd Floor) VAUGHAN CITY HALL 2141 MAJOR MACKENZIE DRIVE VAUGHAN, ONTARIO L6A 1T1 You are invited to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. If you do not attend at the hearing it may proceed in your absence and, except as otherwise provided in the Planning Act, you will not be entitled to any further notice of the proceedings. If you wish to be notified of the decision of the Committee of Adjustment with respect to this application, you must complete the attached Request for Decision form and submit it to the Secretary-Treasurer. Additional information is available from the Committee of Adjustment staff between 8:30 a.m. and 4:30 p.m. Monday to Friday at the Committee of Adjustment, Clerks Department: Tel:(905) /Fax: (905) If you wish to make written comments on this application they may be forwarded to the Secretary - Treasurer of the Committee of Adjustment PRIOR TO THE MEETING. Your comments are collected under the legal authority of the Planning Act, R.S.O. 1990,Chapter c. P.13, as amended. Your comments in respect to this application becomes the property of the City of Vaughan and will become part of the decision making process of the application as noted on this form. Pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended, public feedback to planning proposals is considered to be a public record and may be disclosed to any individual upon request in accordance with Section 27 of the Municipal Freedom of Information and Protection Privacy Act, R.S.O. 1990, c. M.56, as amended. Questions about this collection should be directed to the Secretary-Treasurer, Vaughan Committee of Adjustment, Clerk s Department, 2141 Major Mackenzie Drive, Vaughan, Ontario; L6A 1T1 (905) x Todd Coles, BES, MCIP, RPP Manager of Development Services and DATED THIS 5 TH DAY OF SEPTEMBER, Secretary-Treasurer to Committee of Adjustment Form 9

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11 8158 COMMITTEE OF ADJUSTMENT File No.: A285/12 Applicants: LCT INVESTMENT GROUP LTD. SUBJECT LANDS: 8158, 8196 & 8204 KIPLING AVE., WOODBRIDGE Form 9

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32 ISSUE DATE: November 18, 2011 PL Ontario Municipal Board Commission des affaires municipales de l Ontario IN THE MATTER OF subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Canuck Properties Ltd. Applicant: Ontario Ltd Subject: Minor Variance Variance from By-law No.: 1-88 Property Address/Description: 8158, 8196 and 8204 Kipling Avenue Municipality: City of Vaughan Municipal File No.: A-291/10 OMB Case No.: PL OMB File No.: PL APPEARANCES: Parties Canuck Properties Limited City of Vaughan LRT Investment Group Ltd. Counsel*/Agent Sara Hickey* Claudia Storto* Keith Ly and Albert Yerushalmi MEMORANDUM OF ORAL DECISION DELIVERED BY J. E. SNIEZEK ON NOVEMBER 4, 2011 AND ORDER OF THE BOARD Ontario Ltd. applied for four variances to By-law 1-88 as amended subject to special exception 9 (1247) and the variances were approved. The variances were appealed by Canuck Properties Ltd. (the Appellant). LRT Investment Group Ltd. (the Developer) purchased the property and has finalized negotiations with the Appellant calling for 34 live-work units (previously limited to 24 units) having a maximum height of eleven metres (previously three storeys) and one heritage property with the provision of 216 parking spaces parking spaces, 5 handicapped parking spaces and 34 car parking spaces within garages (previously 181 parking spaces). These parking provisions exceed the zoning requirement of 101 spaces. In addition, 21 onstreet parking spaces are shown on the site plan. These spaces may not be permanent given the fact that they are located on a regional road and future traffic improvements might necessitate their reduction or removal. The revised site plan has been filed with the City of Vaughan (the City) and the Developer and the Appellant are satisfied with the site plan as submitted. The final details with respect to landscaping have yet to be finalized but the concept has been accepted. The Parties ask that the appeal be allowed in part and the variances to By-law 1-88 be granted to permit 34 live work units on the site and one heritage unit subject to the provision of 216 parking spaces and subject to the height of the live work units not to exceed 11 m.

33 - 2 - PL Based upon the Committee of Adjustments previous decision and the letter from the Planning Department of the City of Vaughan, the Board finds that the four tests of 45(1) of the Planning Act are satisfied. THE BOARD having been asked to consider an amended application with respect to the number of parking spaces and the height of the live work units from the original application, and the Board having determined as provided for in subsection 45(18.1.1) of the Planning Act that no further notice is required; AND THE BOARD ORDERS that the appeal is allowed in part and the variance to By-law 1-88 as amended and further subject to exception 9 (1247) increasing the number of live work units from 24 to 34 live work units and one heritage unit subject to the following conditions: 1. the provision of 216 parking spaces ( 177 spaces, 5 handicapped spaces and 34 spaces with garages); and 2. a height limitation of 11 metres. So Orders the Board. J. E. Sniezek J. E. SNIEZEK MEMBER

34 ~'VAUGHAN COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1 Tel [905] Fax [905] NOTICE OF DECISION FILE NUMBER: APPLICANT: PROPERTY: ZONING: PURPOSE: PROPOSAL: BY-LAW REQUIREMENTS: A291/ ONTARIO LIMITED Part of Lots 8 & 9, Concession 8, (municipally known as 8158, 8196, & 8204 Kipling Avenue, Woodbridge). The subject lands are zoned C1, Restricted Commercial under By-Law 1-88 as amended and further subject to exception 9(1247). The applicant is requesting variances to permit the construction of live/work units and commercial business and professional offices as follows: live work units within blocks F, G & A on schedule E-1375 (Blocks C, D & A on attached sketch)~ I 'a' 2. A ~i~imum of +64 to!:1 arki~aces are required by exception 9(1247) for the exlstmg uses.. '/t', 3. Maximum 3 storey liv ork units are proposed. 4. To permit a maximum of 44 commercial units to be used only for business and professional offices, to be located within Blocks B1 and Blocks B2 as shown on the attached schedule live work units within blocks F & G on schedule E-1375 (Blocks C & D on attached sketch). 2. A minimum of 232 total parking spaces to be provided for existing uses and additional live work units. 3. Maximum 2 storey live-work units are permitted. 4. A maximum of 44 commercial units in Block's A, B, C, D, E and H as shown on Schedule "E-1374" used for business and professional uses only BACKGROUND INFORMATION: Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Site Plan Application: DA (By-law ) passed on June 23,2008. Site Plan approved based on site specific zoning by-law amendment. Minor Variance Application: A243/09 Appr. Nov. 12/09 (35 live/work units, 161 parking spaces). File will lapse on Dec. 2/10 Sketches are attached illustrating the request. MOVED BY: SECONDED BY: THAT the Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the Bylaw and the Official Plan will be maintained. OS Qmended mryl THAT Application No. A291/ ONTARIO LIMITED, be APPROVEDl\in accordance with the sketches attached,

35 COMMITTEE OF ADJUSTMENT VARIANCE A291/10 THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. CARRIED. CHAIR: Signed by all members present who concur in this decision: - ~ Chair ~~ S Krcmar, Member /tyl~ M. Mautl, Member /fy7jj, CERTIFICATION I hereby certify this to be a true copy of the decision of the Committee of Adjustment, and this decision was concurred in by a majority of the members who heard this application.~ ---I. ~ Todd Coles, BES, MCIP, RPP Manager of Development Services and Secretary-Treasurer to Committee of Adjustment APPEALS APPEALS MUST BE RECEIVED BY THIS OFFICE NO LA TER THAN 4:30 P.M. ON THE LAST DATE OF APPEAL NOTEDABOV Should you decide to appeal this decision to the Ontario Municipal Board, a copy of an appeal form is available for download in Microsoft Word and Adobe Acrobat versions from the Ontario Municipal Board website at If you do not have Internet access, these forms can be picked up at the City of Vaughan, Committee of Adjustment offices. Please fill out Form A 1 and follow the instructions as provided by the Ontario Municipal Board and submit your appeal to the City of Vaughan, Committee of Adjustment on or before the date stated above. You must enclose the completed form with the $ processing fee, paid by certified cheque or money order, to the "TREASURER, CITY OF VAUGHAN" and the appeal fee of $ for each application appealed, paid by certified cheque or money order, made payable to the "ONTARIO MINISTER OF FINANCE". NOTE: The Planning Act provides for appeals to be filed by "persons". As groups or associations, such as residents or ratepayers groups which do not have incorporated status, may not be considered "persons" for the purposes of the Act, groups wishing to appeal this decision should do so in the name of individual group members, and not in the name of the group. CONDITIONS IF ANY CONDITIONS ARE IMPOSED ON THIS APPLICATION, THE FINAL DATE FOR FULFILLING THEM IS: JANUARY 5, 2012 Form 12 Page 2 of 2

36 ),,/,/ // ", -', \,,,/'1\ / \ ' ~o,.1~""/" \, ~,v \ ', \ \ \/\/, CITY OF VAUGHAN 1:300 Dote: NOV Project No a ~ \ Dto""by: KH Checktlcl'by. RE Dra... gnd- SK-1» ~ '-S\ -'" -- o SITE STATISTICC: ZONIHG SITE AR A LOT FRONTAGE LOT DEPTI-I BUIlDING /JII. A LOT COVERAGE I.(, sqrn 232 m rn 4,149.5 sqrn PARKING! 163 PROVIO[D (INCL 5 HDCP. SPACES) BUILDING STATISTICS RESIDENTAIL TOTAl. GFA: 4,833 sqrn COMMERCIAl.. TOTAl. GFA: 6,590 sqm TOTAL GFA: ",423 sqm BUILDING HEIGHT MAX. HlEGHT AllOWED: 11 m UVE/WORK BUILDINGS: 10m TO MID Of SLOPED ROOf COMMERCIAl BUILDINGS: 12m TO FINISHED ROOF c:=j CONCRETE WAlKWAYS EXISTING GRADE 0 BUILDING ACCESS/EGRESS POINTS fire. ROUTE CATCH BASIN "'" 6 LIGHTING POLE OFH FIRE HYDRANT 1--. I SOD OR SOfT LANDSCAPING... FIRE ROUTE SIGN c:=j ASPHAlT - HEAVY DUTY c:ch.c. HANDICAPPED PMKJNG SIGN AS PER VAUGHAN BY-LAW 1-96 c:=j ASPHAlT - MEDIUM DUTY... STOP SIGN ~ CONCRETE CURBS ~MM"'i PAlNTm~ S = PAINTED ARROWS ~\'e( o.c Lwe.. IDe" U«,\ \; :: Maximum of 44 commercial units to be used only for business and professional offices, to be located within Blocks B1 and Blocks B2 l'\~ \::.d o.q. '.j ':>~~ "" ~ AU.IlRAWlNGSAHDRElAlEDDOCUUDfTSARE'IM( CCPYRIGHT PRa'ERlY Of ICOt AROITEClS INC. AND liustbereturnedlf04reouest. REPROOUClIONOFDAA'MNGSOOR LA1EDDOCUUENlS IN 'Ml0lEUfINPART ISfORBIDO N'II11HOUT VIRITlENPERMlSSIOfOFICONAROfIlEClSINC. DO NOT SCAtEORA'MNGS. I ---~---- / / /.~~-.~--: -~- KIPLING AVENUE /' residential"\ /' I~... =:C=':'='1:=.lf":::-"";'::'::: :.. =:,!!"'"':'=:-:r''':: -- MOO PtojKI: I SITE PLAN PROPOSED COMIIIERCIAL DEVELOPIIENf I2GOKIPUNGAveHUE. ICON Architect. -.,---. Inc. m --~

37 Scale: Dote: P,.."io=ort 1\1... KIPLING ELEVATION 'J>. ~.--.. BACK ELEVATION -- o 1 :200 SEP. 01/10 1 n 1 n 1 nrn.,'nn "n <;1< "- ) leo N Arc.hltects. tnc~. 201~ Dutfarln Stnllt, Toronto. Ontario M3H 5TS, F:4t1S-C5O-8595 PROPOSED COMMERCIAL DEVELOPMENT 8200 KIPLING AVENUE CITYOF VAUGHAN-

38 File'No: COMMITTEE OF ADJUSTMENT A291/10 Applicant: ONTARIO LIMITED Subject Area: 8158, 8196, & 8204 Kipling Avenue, Woodbridge

39 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1 Tel [905] Fax [905] NOTICE OF DECISION MINOR VARIANCES FILE NUMBER: APPLICANTS: PROPERTY: ZONING: PURPOSE: PROPOSAL: BY-LAW REQUIREMENTS: A185/11 LCT INVESTMENT GROUP LTD. Part of Lots 8 & 9, Concession 8, (municipally known as 8158, 8196, & 8204 Kipling Avenue, Woodbridge). The subject lands are zoned C1, Restricted Commercial Zone and subject to the provisions of Exception Number 9(1247) under By-Law 1-88 as amended. The applicant is requesting variances to permit the construction of live/work units and commercial business and professional offices as follows: 1) To permit a maximum building height of metres (measured to the mid point of a pitched roof). 2) To permit a minimum aisle width of 4.1 metres. 3) To permit a minimum parking space of 3.0 metres by 5.79 metres (garage). 4) To permit a maximum driveway width of 9.5 metres (Kipling Avenue access). 1) A maximum building height of 11.0 metres is permitted. 2) A minimum aisle width of 5.0 metres is required. 3) A minimum parking space of 3.0 metre by 6.0 metres is required. 4) An ingress, egress driveway width shall be 7.5 metres. BACKGROUND: The land which is subject to this application was also the subject of another application under the Planning Act: Site Plan Application DA (By-law ) passed on June 23,2008. Site Plan approved based on site specific zoning by-law amendment. Minor Variance File No. A243/09 - Appr. Nov. 12/09 (35 live/work units, 161 parking spaces). File will lapse on Dec. 2/10 Minor Variance File No. A291/1 0 - Appr. As Amended Dec. 16/10 (35 live/work units, 181 parking spaces, 3 storey live/work units, 44 commercial units for business and professional offices, located within Blocks B1 and B2) A sketch is attached illustrating the request. MOVED BY: SECONDED BY: THAT the Committee is of the opinion that the va iance ought can be considered minor and is desirable for the appropriate development and use of the la d. T e general intent and purpose of the By-law and the Official Plan will be maintained. THAT Application No. A185/11 - LCT INVESTMENT GROUP LTD., be APPROVED, in accordance with the sketch attached, subject to the following conditions: 1. Site Plan drawings for site plan application DA should be revised to address the proposed changes and submitted for review and approval, if required, to the satisfaction of the DevelopmentiTransportation Engineering Department. 2. That the Owner submit a revision to the approved Site Plan (DA ) to the City of Vaughan, if required, to the satisfaction of the Development Planning Department 3. That if the condition(s) listed above is/are not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.(PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.) Page 1 of 3

40 COMMITTEE OF ADJUSTMENT VARIANCE A185/11 VERY IMPORTANT: IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT AND/OR AGENT TO OBTAIN AND PROVIDE A CLEARANCE LETTER FROM EACH AGENCY AND/OR DEPARTMENT LISTED IN THE CONDITIONS WHETHER "IF REQUIRED" APPEARS IN THE CONDITION OR NOT, AND FORWARD THIS CLEARANCE LETTER TO THE SECRETARY-TREASURER AS SOON AS THE CONDITIONS ARE FULFILLED. FAILURE TO COMPLY WITH THIS PROCEDURE WILL RESULT IN A LETTER BEING FORWARDED BY THE SECRETARY-TREASURER INDICATING THIS FILE HAS LAPSED AND, THEREFORE, WILL NECESSITATE THAT A NEW APPLICATION BE SUBMITTED TO LEGALIZE THIS PROPERTY. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. CARRIED. CHAIR: Signed by all members present who concur in this decision: Ihz~ Lk1~ 'M.Mau~, Member. Perrella, Member H. Zheng, Member CERTIFICATION I hereby certify this to be a true copy of the decision of the Committee of Adjustment, and this decision was concurred in by a majority of the members who heard this application. Todd Coles, BES, MCIP, RPP Manager of Development Services and Secretary-Treasurer to Committee of Adjustment Form 12 Page 2 of 3

41 COMMITTEE OF ADJUSTMENT VARIANCE A185/11 APPEALS APPEALS MUST BE RECEIVED BY THIS OFFICE NO LA TER THAN 4:30 P.M. ON THE LAST DA TE OF APPEAL NOTED ABOVE. Should you decide to appeal this decision to the Ontario Municipal Board, a copy of an appeal form is available for download in Microsoft Word and Adobe Acrobat versions from the Ontario Municipal Board website at If you do not have Internet access, these forms can be picked up at the City of Vaughan, Committee of Adjustment offices. Please fill out Form A 1 and follow the instructions as provided by the Ontario Municipal Board and submit your appeal to the City of Vaughan, Committee of Adjustment on or before the date stated above. You must enclose the completed form with the $ processing fee, paid by certified cheque or money order, to the "TREASURER, CITY OF VAUGHAN" and the appeal fee of $ for each application appealed, paid by certified cheque or money order, made payable to the "ONTARIO MINISTER OF FINANCE". NOTE: The Planning Act provides for appeals to be filed by "persons". As groups or associations, such as residents or ratepayers groups which do not have incorporated status, may not be considered "persons" for the purposes of the Act, groups wishing to appeal this decision should do so in the name of individual group members, and not in the name of the group. CONDITIONS IF ANY CONDITIONS ARE IMPOSED ON THIS APPLICATION, THE FINAL DATE FOR FULFILLING THEM IS: DECEMBER 28,2012 Form 12 Page 3 of 3

42

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44 ~VAUGHAN COMMITTEE OF ADJUSTMENT File No.: A185/11 Applicants: LeT INVESTMENT GROUP LTD. - SUBJECT LANDS: 8158,8196 & 8204 KIPLING AVE., WOODBRIDGE

45 Providence, Lenore Subject: Attachments: FW: A285/12 Planning and Engineering Department comments Report.pdf ADDENDUM AGENDA ITEM #22 Vaughan Committee of Adjustment From: Andrew Ip Sent: Friday, November 02, :03 AM To: Porukova, Nadia; Antoine, Mark Cc: Providence, Lenore; Muhammad, Niaz; Santini, Otello Subject: A285/12 Planning and Engineering Department comments Nadia and Mark: Our traffic consultant has completed a detailed parking supply study for this site in support of minor variance application A285/12. In accordance with your memorandum of September 13, 2012, the study includes surveys of 2 other sites in Vaughan of similar use. The study also compares the parking ratios to the 2010 Citywide Review of Parking Standards. In both comparatives (based on survey, and based on the 2010 Review), the parking supply is more than adequate to support the proposed development. Attached is a PDF copy of the report. If you require hardcopies, please advise how many copies and delivered to whom. We had originally deferred the C of A hearing to November 8, However, given the length of the study, we have sought a further adjournment of our hearing until November 22 through Lenore. We kindly ask that you review the report with priority such that we are well aware of the City s approval (or further comments) well in advance of the next hearing in November. Thank you, Andrew Andrew Ip, P.Eng Principal Masongsong Associates Engineering Limited 7800 Kennedy Road, Suite 201 Markham, Ontario L3R 2C7 T: x 238 F:

46 October 31, 2012 Andrew Ip, P.Eng. Principal Masongsong Associates Engineering Limited 7800 Kennedy Road Suite 201 Markham ON L3R 2C7 Re: Parking Study for 8204 Kipling Avenue Woodbridge, City of Vaughan City File: A285-12, Our File Mark Engineering has completed its parking study for the proposed development at 8204 Kipling Avenue in Woodbridge. This study is in support of a minor variance application related to the on-site parking supply. In completing this study, and at the request of City staff, supplementary (actual) traffic count data was collected from two similar livework sites in the City of Vaughan to be used as a comparative model for the subject development. A. Proposed Development The proposed development is to consist of 35 live-work units, which includes the heritage house, and a total commercial floor area of m² gross floor area. The live components will have 3 bedrooms. Each of the live-work units will have a garage. In the future, an additional 10 live-work units may be added to the site. Although these future units do not currently have planning status, this parking supply study assumes the inclusion of these units as a worse-case scenario. These units will not have garages. The total build-out of the site is assumed to be 45 live-work units. The proposed parking supply is 197 spaces, consisting of 34 garages and 163 at grade spaces. The site plan is shown in Figure 1. C:\Documents and Settings\User\My Documents\Business\2012 Projects\21244\21244 Report Text 2.doc

47 Parking Study for 8204 Kipling Avenue, Woodbridge B. By-Law Parking Requirements The current zoning by-law 1-88 requires 2 spaces per residential [townhouse] unit The employment area requirements would be 2.0 spaces/100 m² gross floor area or 3.5 spaces per unit, which ever is greater. It is assumed that one of the residential spaces would be for the residents and one space would be for visitors. Under these requirements, the total parking requirements would be 203 spaces, as shown in Table S1. The City of Vaughan commissioned a "Review or of Parking Standards Contained within the City of Vaughan's Comprehensive Zoning By-Law" by the IBI Group, DATED March The report cites the difficulties in applying strict standards to live-work as this business class was widely varying. Nonetheless, it notes that application of current standard of cumulative requirements for residential and home occupation are high: Section states that the parking requirements could be: Home-based businesses should generally be supported as they encourage mixed use, promote economic development, and generally reduce travel needs of residents. The current parking requirements of 2 spaces for Home Occupation and Cottage Industry land uses, in addition to residential requirements, are high given that such uses may often generate little additional employee or customer parking As such, it is proposed that these three categories be amalgamated into one use with the following parking requirements: Home-based business: 1 parking space in addition to residential requirements, which can be provided as a tandem parking space. Though not proposed as part of the current by-law due to the fact that defining a live-work use definition requires more study given the larger implications, parking requirements that could be applied at a future date could be: Live-work unit with work area < 200 m2 Greater of 1.5 spaces per unit or corresponding residential requirement (whichever is greater). Live-work unit with work area > 200 m2 Sum of required parking for residential and commercial uses based on individual standards. Commercial parking requirement should be calculated based on the floor area dedicated to this use. These standards assume that once the work area goes beyond a certain size, parking for the commercial use dominates over the residential function and generates higher parking demand. Further study is recommended for planning and zoning policy on live-work units. Page 2 of 7

48 Parking Study for 8204 Kipling Avenue, Woodbridge Figure 1 Site Plan (not to scale) Page 3 of 7

49 Parking Study for 8204 Kipling Avenue, Woodbridge Under the proposed Review, the parking supply requirements for this site would be 90 spaces. C. Proxy Surveys To confirm the parking demand trends of live-work units, and as requested by staff, proxy parking usage surveys were done at two sites. The first site is on the north side of Major Mackenzie Drive just west of Keele Street. It consists of 18 live-work units that include an employment area of 660± m². There are 16 parking spaces in garages and 16 parking spaces at-grade. [See Figure 2] The street number range from 2286 to Figure 2 Proxy Site 1 Page 4 of 7

50 Parking Study for 8204 Kipling Avenue, Woodbridge The second site is at 9699 Jane Street south of Avro Road. It consists of 32 live-work units that include an employment area of 4900± m2. All of the parking spaces are located in the parking lot: there are no garages. [See Figure 3] Figure 3 Proxy Site 2 The parking usage at the two sites was surveyed twice. The first survey occurred on Wednesday, October 24, The results are shown in Table S2. The actual usage at Site 1 was probably higher than the survey since it was not possible to record the vehicles that were parking in the garages. For analysis purposes, it was assumed that the garages were fully used. Since Site 1 was a small site and Site 2 was a big site, it was thought that the parking rates for the residential units and the work units could be determined by solving for the coefficients of the parking equations, as shown in the Rate Calculations section of Table Page 5 of 7

51 Parking Study for 8204 Kipling Avenue, Woodbridge S3. Unfortunately, the analysis resulted in a negative coefficient for the residential units, which does not make sense. It is noted that the coefficient for the commercial was 3.66 spaces/100 m² gross floor area, which is a reasonable number. If it is assumed that there was no residential parking, the commercial parking usage rates shown in the Commercial Parking Rates section of Table S3 range from 0.91 spaces/100 m² gross floor area to 2.85 spaces/100 m² gross floor area. The second survey occurred on Tuesday, October 30, The results are shown in Table S4. Since Site 1 was a small site and Site 2 was a big site, it was thought that the parking rates for the residential units and the work units could be determined by solving for the coefficients of the parking equations, as shown in the Rate Calculations section of Table S5. The analysis resulted in a negative coefficient for the residential units, which does not make sense. It is noted that the coefficient for the commercial was 2.68 spaces/100 m² gross floor area, which is a reasonable number. If it is assumes that there was no residential parking, the commercial parking usage rates shown in the Commercial Parking Rates section of Table S3 range from 1.36 spaces/100 m² gross floor area to 2.63 spaces/100 m² gross floor area. The results of the proxy parking surveys are mixed, at best. They do indicate that the parking usage for the commercial is substantially less than the commercial parking requirement in By-Law D. Proposed Parking Requirements Based on the low commercial parking usage rates in the survey data, it is proposed to use parking requirements that are a modification of the By-Law 1-88 requirements. The live component requirements of the units would remain at 2 spaces per unit. The work component would have a requirement of 3.0 space/100 m² gross floor work area. The requirement of 3.5 spaces/unit would not be used. The reasoning is that the majority of the units will have garages that will not be available to the public. With one vehicle parked in the garage, there should be room for 1 other vehicle that is visiting the live component or the work component. The resulting parking requirement would be 115 spaces, which is 82 less than the proposed supply. Page 6 of 7

52 Parking Study for 8204 Kipling Avenue, Woodbridge E. Conclusions The conclusions are: 1. The live-work parking requirements should be 2 spaces per live unit and 3.0 spaces/100 m² gross floor area of the work unit. 2. The proposed parking requirement would then be 115 spaces. 3. The proposed parking supply of 197 spaces should be more than sufficient to serve the expected demand. F. Recommendations The recommendations are: 1. The parking requirements for live-work units should be 2 spaces per live unit and 3.0 spaces/100 m² gross floor area of the work unit. 2. The proposed parking supply of 197 spaces be deemed sufficient to serve the expected parking demand. Respectfully submitted J.M. Mark, P.Eng. Principal Page 7 of 7

53 8204 Kipling Avenue Woodbridge Parking Requirements Land Uses Residential with Garages Residential Without Garages Commercial Totals Size 35 units 10 units 2, sm ByLaw 1 88 Category Street Townhouse Street Townhouse Employment Area Rate 1.0 /unit 1.0 /unit [1] 2.0/100 sm 3.5 /unit Spaces Review of Parking Standards Contained within the City of Vaughan's Comprehensive Zoning By Law Category Street Townhouse Street Townhouse Retail [3] Rate 1.0 /unit 1.0 /unit 3.5/100 sm [2] Spaces Modified By Law 1 88 Category Street Townhouse Street Townhouse Employment Area Rate 2.0 /unit 2.0 /unit 3.5/100 sm Spaces [1] Visitor Spaces included in Employment Area Requirements [2] Visitor Spaces included in Retail Requirements [3] Retail/Shopping Centre, <5,000 m, eating establishments limited to 20% of GTF at this parking rate File: Parking Survey Table S1 Date Printed: 10/31/2012

54 8204 Kipling Avenue Woodbridge Wednesday October 24 Ontario Traffic Inc Parking Counts Date: Wednesday Site 2 Time Site 1 Area A Area B 16:00 to 16: :30 to 17: :00 to 17: :30 to 18: :00 to 18: :30 to 19: :00 to 19: :30 to 20: :00 to 20: :30 to 21: Maximum Total Spaces in Site 1 = 17 Major Mackenzie Drive west of Keele Street Total Spaces in Site 2 (Area A) = 194 Area A 9699 Jane Street Area B Avro Road On Street Parking File: Parking Survey Table S2 Date Printed: 10/31/2012

55 8204 Kipling Avenue Woodbridge Oct. 24 Parking Analysis Site 1 2 Land Uses Residential 8 units 32 units Commercial 660 sm 4990 sm Maximum Parking Usage Rate Calculations R C S [1] [2] [3] = 4 x [1] [4] = [2] [3] [5] = S/C C 0.04 [6] =( [S1] [C1] x [5])/[R1] R 1.27 C = 0.04 spaces/sm 3.66 spaces/sm Commercial Parking Rates Site 1 Max. Commercial Parking 6 Parking/100 sm 0.91 spaces/sm Site 2 Max. Commercial Parking 142 Parking/100 sm 2.85 spaces/sm File: Parking Survey Table S3 Date Printed: 10/31/2012

56 8204 Kipling Avenue Woodbridge Tuesday October 30 Ontario Traffic Inc Parking Counts Date: 10/30/2012 Tuesday Site 2 Time Site 1 Area A Area B 16:00 to 16: :30 to 17: :00 to 17: :30 to 18: :00 to 18: :30 to 19: :00 to 19: :30 to 20: :00 to 20: :30 to 21: Maximum File: Parking Survey Table S4 Date Printed: 10/31/2012

57 8204 Kipling Avenue Woodbridge Oct. 30 Parking Analysis Site 1 2 Land Uses Residential 8 units 32 units Commercial 660 sm 4990 sm Maximum Parking Usage Rate Calculations R C S [1] [2] [3] = 4 x [1] [4] = [2] [3] [5] = S/C C 0.03 [6] =( [S1] [C1] x [5])/[R1] R 0.09 C = 0.03 spaces/sm 2.68 spaces/sm Commercial Parking Rates Site 1 Max. Commercial Parking 9 Parking/100 sm 1.36 spaces/sm Site 2 Max. Commercial Parking 131 Parking/100 sm 2.63 spaces/sm File: Parking Survey Table S5 Date Printed: 10/31/2012

58 RECEIVED November 14, 2012 VAUGHAN COMMITTEE OF ADJUSTMENT Page 1 of 2 DATE: November 14, 2012 TO: FROM: Todd Coles, Committee of Adjustment Grant Uyeyama, Director of Development Planning Development Planning Department MEETING DATE: November 22, 2012 OWNER: LCT Investment Group Ltd. FILE(S): A285/12 Location: Proposal: Official Plan: Comments: 8158, 8196 and 8204 Kipling Avenue, Woodbridge Ward 2, Vicinity of Kipling Avenue and Langstaff Road The Owner is requesting permission to construct 35 live/work units with a minimum of 197 parking spaces, whereas By-law 1-88 requires a minimum of 216 parking spaces (OMB Decision PL110055). The subject lands are designated Mid-Density Mixed Use by in-effect OPA #240 (Woodbridge Community Plan), as amended by in-effect OPA #679 and OPA #695. The subject lands are also designated Low-Rise Mixed-Use by the new City of Vaughan Official Plan 2010, which is subject to approval from the Ontario Municipal Board. The proposal conforms to the policies of the Official Plan. On December 16, 2010, the Committee of Adjustment approved Minor Variance Application A291/10 to permit the following on the subject lands: live/work units, whereas the By-law requires 24 live/work units; 2. A minimum of 181 total parking spaces, whereas the By-law requires 232 parking spaces; 3. A maximum of 3 storey live/work units, whereas the Bylaw requires 2 storey live/work units; and 4. A maximum of 44 commercial units to be used only for business and professional offices to be located within Blocks B1 and B2 (as per the attached sketch), whereas the By-law requires commercial units to be located in Blocks A, B, C, D, E and H, as shown on Schedule E The decision of the Committee of Adjustment was appealed to the Ontario Municipal Board by the Owner of the neighbouring property. On November 18, 2011, the OMB issued a memorandum of an Oral Decision delivered by J.E. Sniezek and the Order of the Board, which allowed the appeal in part to increase the number of live/work units from 24 to 34 units and one heritage unit subject to the provision of 216 parking spaces (177parking spaces, 5 handicapped parking spaces and 34 car parking spaces within garages) and a height limitation of 11.0m. Following the order of the Board, the Owner of the subject Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

59 Page 2 of 2 lands submitted an additional Minor Variance Application (File A185/11) to permit a maximum building height of 11.55m and reductions in driveway width and parking space dimensions. This application was approved by the Committee of Adjustment on December 8, For Minor Variance Application A285/12, the Applicant is requesting a further reduction in parking to 197 spaces, as the Site Plan used as evidence before the OMB contained geometric calculation errors such that 216 parking spaces cannot be achieved. The Applicant submitted a Parking Study prepared by Mark Engineering, dated October 31, The Vaughan Development/Transportation Engineering Department has requested that the Owner revise the submitted Parking Study, and is requesting further adjournment of the application. The Development Planning Department concurs with this request, and recommends that Minor Variance Application A285/12 be adjourned until such time that the Applicant submits a revised parking study for review and approval by the Development/Transportation Engineering Department. Recommendation: The Development Planning Department requests adjournment of Minor Variance Application A285/12, until such time that the Owner submits a revised parking study as per the specifications of the Vaughan Development/Transportation Engineering Department, which shall be reviewed and approved by the Vaughan Development/Transportation Engineering Department. Condition(s): Report Prepared By: None. Mark Antoine, Planner I Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

60 RECEIVED September 13, 2012 VAUGHAN COMMITTEE OF ADJUSTMENT Page 1 of 2 DATE: September 12, 2012 TO: FROM: Todd Coles, Committee of Adjustment Grant Uyeyama, Director of Development Planning Development Planning Department MEETING DATE: September 20, 2012 OWNER: LCT Investment Group Ltd. FILE(S): A285/12 Location: Proposal: Official Plan: Comments: 8158, 8196 and 8204 Kipling Avenue, Woodbridge Ward 2, Vicinity of Kipling Avenue and Langstaff Road The Owner is requesting permission to construct 35 live/work units with a minimum of 197 parking spaces, whereas By-law 1-88 requires a minimum of 216 parking spaces (OMB Decision PL110055). The subject lands are designated Mid-Density Mixed Use by ineffect OPA #240 (Woodbridge Community Plan), as amended by in-effect OPA #679 and OPA #695. The subject lands are also designated Low-Rise Mixed-Use by the new City of Vaughan Official Plan 2010, which is subject to approval from the Ontario Municipal Board. The proposal conforms to the policies of the Official Plan. On December 16, 2010, the Committee of Adjustment approved Minor Variance Application A291/10 to permit the following on the subject lands: live/work units, whereas the By-law requires 24 live/work units; 2. A minimum of 181 total parking spaces, whereas the By-law requires 232 parking spaces; 3. A maximum of 3 storey live/work units, whereas the By-law requires 2 storey live/work units; and 4. A maximum of 44 commercial units to be used only for business and professional offices to be located within Blocks B1 and B2 (as per the attached sketch), whereas the By-law requires commercial units to be located in Blocks A, B, C, D, E and H, as shown on Schedule E The decision of the Committee of Adjustment was appealed to the Ontario Municipal Board by the Owner of the neighbouring property. On November 18, 2011, the OMB issued a memorandum of an Oral Decision delivered by J.E. Sniezek and the Order of the Board, which allowed the appeal in part to increase the number of live/work units from 24 to 34 units and one heritage unit subject to the provision of 216 parking spaces (177parking spaces, 5 handicapped parking spaces and 34 car parking spaces within garages) and a height limitation of 11.0m. Following the order of the Board, the Owner of the subject lands submitted an additional Minor Variance Application (File A185/11) to permit a maximum building height of 11.55m and reductions in Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

61 Page 2 of 2 driveway width and parking space dimensions. This application was approved by the Committee of Adjustment on December 8, For Minor Variance Application A285/12, the Applicant is requesting a further reduction in parking to 197 spaces, as the Site Plan used as evidence before the OMB contained geometric calculation errors such that 216 parking spaces cannot be achieved. The Vaughan Development/Transportation Engineering Department has requested that the Owner submit a parking study from a qualified Planning/Transportation Consultant. The Development Planning Department concurs with this request, and recommends that Minor Variance Application A285/12 be adjourned until such time that the Applicant submits a parking study for review and approval by the Development/Transportation Engineering Department. Recommendation: Condition(s): Report Prepared By: The Development Planning Department requests adjournment of Minor Variance Application A285/12, until such time that the Owner submits a parking study as per the specifications of the Vaughan Development/Transportation Engineering Department, which shall be reviewed and approved by the Vaughan Development/Transportation Engineering Department. None. Mark Antoine, Planner I Carmela Marrelli, Senior Planner Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

62 RECEIVED August 28, 2012 VAUGHAN COMMITTEE OF ADJUSTMENT The City of Vaughan 2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) To: Committee of Adjustment From: Gregory Seganfreddo, Building Standards Department Date: August 28, 2012 Name of Owner: LCT Investment Group Ltd. Location: 8158, 8196, 8204 Kipling Ave Concession 8, Part of Lot 9 File No.(s): A Zoning Classification: The subject lands are zoned C1, Restricted Commercial Zone and subject to the provisions of Exception Number 9(1247) under By-Law 1-88 as amended. Proposal: 1) To permit a minimum of 197 parking spaces for the site. By-Law Requirements: 1) A minimum of 216 parking spaces are required for the site. (OMB Decision PL110055). Staff Comments: Stop Work Orders and Orders to Comply: An Order to Comply has not been issued. Other Comments: A building permit has not been issued, but will be required. The lands may be located within the Woodbridge Heritage Conservation District; Cultural Department approval may be required. Conditions of Approval: If the committee finds merit in the application, the following conditions of approval are recommended. none. These comments are based on a review of the documentation supplied with this application. Upon submission of detailed drawings for building permits/site plan approval, additional variances may be identified.

63 DATE: November 13, 2012 RECEIVED November 13, 2012 VAUGHAN COMMITTEE OF ADJUSTMENT TO: FROM: Todd Coles, Committee of Adjustment Nadia Porukova, Development/Transportation Engineering MEETING DATE: November 22, 2012 OWNER: FILE(S): LCT Investment Group Limited Minor Variance Application A285/12 (REVISED) Location: Proposal: 8158, 8196 and 8204 Kipling Avenue 1) To permit a minimum of 197 parking spaces for the site. By-Law Requirements: Comments: Condition(s): 1) A minimum of 216 parking spaces are required for the site. (OMB Decision PL110055). The Development/Transportation Engineering Department has reviewed the Parking Study prepared by Mark Engineering, dated October 31, 2012 for the above mentioned application and provides the following comments: The parking rates for this development have been approved as part of the OMB decision under file PL The minimum required parking spaces as per board decision is 216 spaces. However the total proposed parking supply is 197 spaces. The report concludes that the proposed parking supply would be sufficient for development s specific requirements. This conclusion is substantiated by parking utilization surveys conducted by the traffic consultant on the existing similar facilities. The study should be revised to include more information and address the following comments: 1. The study shall provide more information with regards to the proxy sites. 2. The lay-by parking spaces cannot be counted towards the parking supply for a development. 3. The study shall include existing utilization rates for proxy sites. 4. The study should also include more details on the OMB decision under file PL The Development/Transportation Engineering requests adjournment of Minor Variance Application A285/12, until such time that the Owner submits revised parking study and the parking study is reviewed and approved by the Development/Transportation Engineering Department. None

64 DATE: September 13, 2012 RECEIVED September 13, 2012 VAUGHAN COMMITTEE OF ADJUSTMENT TO: FROM: Todd Coles, Committee of Adjustment Nadia Porukova, Development/Transportation Engineering MEETING DATE: September 20, 2012 OWNER: LCT Investment Group Limited FILE(S): Minor Variance Application A285/12 Location: Proposal: By-Law Requirements: Comments: Condition(s): 8158, 8196 and 8204 Kipling Avenue 1) To permit a minimum of 197 parking spaces for the site. 1) A minimum of 216 parking spaces are required for the site. (OMB Decision PL110055). The Development/Transportation Engineering Department has reviewed the proposed Minor Variance Application A285/12. A detailed parking study including analysis of at least two similar facilities is recommended. The survey should be done during busy periods. The parking deficiency is 9%. However, the initial application to the Committee of Adjustment under file A291/10 sought relief from 232 parking spaces (as per the By-Law), to 181 parking spaces. The Committee Decision was appealed by the adjacent landowner to the OMB. The OMB increased the required parking spaces to 216 spaces under file PL Accordingly, the Development/Transportation Engineering Department requests adjournment of Minor Variance Application A285/12, until such time that the Owner submits a parking study for review and approval by the Development/Transportation Engineering Department. None

65 DATE: September 12, 2012 RECEIVED September 12, 2012 VAUGHAN COMMITTEE OF ADJUSTMENT TO: FROM: Todd Coles, Committee of Adjustment Nadia Porukova, Development/Transportation Engineering MEETING DATE: September 20, 2012 OWNER: LCT Investment Group Limited FILE(S): Minor Variance Application A285/12 Location: Proposal: Comments: Condition(s): 8158, 8196 and 8204 Kipling Avenue 1. To permit a minimum of 197 parking spaces for the site. The Development/Transportation Engineering Department has reviewed the proposed Minor Variance Application A285/12. A detailed parking study including analysis of at least two similar facilities is recommended. The survey should be done during busy periods. None