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CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF FEBRUARY 16, 2016 Item 1, Report No. 8, of the Committee of the Whole (Public Hearing), which was adopted, as amended, by the Council of the City of Vaughan on February 16, 2016, as follows: By receiving the following Communications: C1. C2. C3. C4.

John & Paulette Cutler, Westridge Drive, Vaughan, dated February 2, 2016; Ms. Ann-Marie Hawryshkewich, Rushworth Crescent, Kleinburg, dated February 2, 2016; Ms. Joan DiMichino, Treelawn Boulevard, Kleinburg, dated February 3, 2016; and Ms. Liberata Aquino, Napier Street, Vaughan, dated January 12, 2016.

OFFICIAL PLAN AMENDMENT FILE OP.15.006 ZONING BY-LAW AMENDMENT FILE Z.15.025 KLEINBURG VILLAGE DEVELOPMENT CORP. WARD 1 - VICINITY OF STEGMAN’S MILL ROAD AND ISLINGTON AVENUE

1

The Committee of the Whole (Public Hearing) recommends: 1)

That the recommendation contained in the following report of the Deputy City Manager, Planning & Growth Management, Director of Development Planning, and Senior Manager of Development Planning, dated February 2, 2016 be approved;

2)

That a community meeting be organized by the local Ward Councillor with the applicant, representatives of the Kleinburg and Area Ratepayers’ Association, residents, appropriate City staff and Regional Councillors to address issues raised;

3)

That the following deputations and Communications be received: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

4)

Mr. Ryan Mino-Leahan, KLM Planning Partners Inc., Jardin Drive, Vaughan, on behalf of the applicant; Mr. Alfredo Cadati, Rafael & Bigauskas Architects, Sheppard Avenue West, Toronto, on behalf of the applicant; Ms. Nitika Jagtiani, Keele Street, Vaughan, on behalf of M & J Zuccaro, Stegman’s Mill Road, and Communication C10, dated January 20, 2016; Ms. Suzi Recine, Hazelridge Court, Kleinburg; Mr. Sam Gagliardi, Cardish Street, Kleinburg; Mr. Richard Lorello, Treelawn Boulevard, Kleinburg; Mr. Roger Dickinson, Donhill Crescent, Kleinburg; Ms. Mary Anne Arthur, representing the Kleinburg & Area Ratepayers’ Association, Kleinburg, and Communication C51, dated January 31, 2016; Mr. Robert Klein, Daleview Court, Kleinburg; Ms. Phu-My Gep, Old Humber Crescent, Kleinburg; Mr. Frank Fallico, Kellam Street, Kleinburg; Mr. Frank Greco, representing Heritage Hill Developments (II) Corporation, Kleinburg; and Mr. Iain Craig, Stegman’s Mill Road, Kleinburg; and

That the following Communications be received: C40 C41 C44 C45 C48

Ms. Amy Reeves, Napier Street, Kleinburg, dated January 29, 2016; Mr. Jeff Reeves, Napier Street, Kleinburg, dated January 29, 2016; Mr. Ken Schwenger, President, Kleinburg & Area Ratepayers’ Association, Kleinburg, dated January 29, 2016; Ms. Lisa Ferri, Napier Street, Kleinburg, dated January 31, 2016; Mr. Stan Kalkiewicz, Wishing Well Court, Kleinburg, dated January 31, 2016; …/2

CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF FEBRUARY 16, 2016 Item 1, CW(PH) Report No. 8 – Page 2 C50 C55 C56 C58 C59 C60 C61 C62 C63 C65 C66 C67 C69 C70 C71 C72 C73 C74 C75 C76 C77

Mr. Dave Blakemore, dated January 31, 2016; Ms. Jillian Stambolich, Cardish Street, Kleinburg, dated February 1, 2016; Ms. Jennifer Gabaudan, dated February 1, 2016; Ms. Natalia Smolskaia, Fairlane Crescent, Woodbridge, dated February 1, 2016; Mr. Joe Caponio, John Street, Vaughan, dated February 1, 2016; Bob and Helen Wilson, Art Drive, Kleinburg, dated February 1, 2016; Mr. Swaroop Chari, dated February 1, 2016; Ms. Gina Hartly, dated February 2, 2016; Mr. Zaeem Masood, Via Borghese, Woodbridge, dated February 2, 2016; Ms. Grazina Matukas, Camlaren Crescent, Kleinburg, dated February 2, 2016; Mr. Nel vanGeest, Woodbridge, dated February 2, 2016; Ms. Carla Falcone, Napier Street, Kleinburg, dated February 1, 2016; Mariola and Dan Andrusky, Kellam Street, Kleinburg, dated January 12, 2016; Roy and Muriel Chittick, Treelawn Boulevard, Kleinburg, dated February 1, 2016; Ms. Anta Nicholls, Woodbridge, dated February 1, 2016; Ms. Marsha Lomis, Nashville Road, Kleinburg, dated February 1, 2016; Ms. Radana Mickovsky, Colton Crescent South, Woodbridge, dated February 2, 2016; Ms. Tertia Ferdinandusz, Beechnut Road, Vaughan, dated February 2, 2016; Mr. Dane Mugford, dated February 2, 2016; Mr. Mauro Di Lauro, Hazelridge Court, Kleinburg, dated February 2, 2016; and Ms. Helen Peacock, John Kline Lane, Kleinburg, dated February 2, 2016.

Recommendation The Deputy City Manager, Planning & Growth Management, Director of Development Planning, and Senior Manager of Development Planning recommend: 1.

THAT the Public Hearing report for Files OP.15.006 and Z.15.025 (Kleinburg Village Development Corp.) BE RECEIVED; and, that any issues identified be addressed by the Vaughan Development Planning Department in a comprehensive report to the Committee of the Whole.

Contribution to Sustainability The contribution to sustainability such as site and building design initiatives will be determined when the technical report is considered. Economic Impact This will be addressed when the technical report is completed. Communications Plan a)

Date the Notice of Public Hearing was circulated: January 8, 2016. The Notice of Public Hearing was also posted on the City’s web-site at www.vaughan.ca and a Notice Sign was installed on the property in accordance with the City’s Notice Sign Procedures and Protocol.

b)

Circulation Area: 150 m, and to the Kleinburg and Area Ratepayers Association

c)

Comments Received:

…/3

CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF FEBRUARY 16, 2016 Item 1, CW(PH) Report No. 8 – Page 3 Any written comments received will be forwarded to the Office of the City Clerk to be distributed to the Committee of the Whole as a Communication. All written comments that are received will be reviewed by the Vaughan Development Planning Department as input in the application review process and will be addressed in a technical report to be considered at a future Committee of the Whole meeting. Purpose To receive comments from the public and the Committee of the Whole on the following applications for the subject lands shown on Attachments #1 and #2, to facilitate a standard condominium development consisting of 30, three-storey single detached dwellings that are connected to, and accessed by, condominium common elements owned and operated by a condominium corporation, consisting of exterior building facades, an underground parking area entering from Stegman’s Mill Road, five visitor parking spaces, an above-grade pedestrian promenade and internal driveway for emergency vehicles, a secondary driveway access to facilitate garbage and loading, and common landscaped amenity areas, as shown on Attachments #3 to #6: 1.

Official Plan Amendment File OP.15.006 to amend the policies in Volume 2 of VOP 2010 (The Kleinburg Core), specifically Section 12.4 respecting the design and compatibility criteria for new development within the “Village Residential” designation, including lot configuration and size, built form, scale and physical character of the surrounding developments, together with the following exceptions: VOP 2010 Official Plan Policy a.

Section 12.4.40.22 states, in part: “Redevelopment of existing sites in the Kleinburg Core shall generally not exceed a maximum height of 9.5 m above finished grade.”

b.

The “Village Residential” designation (Section 12.4.6.2) permits detached residential dwellings, defined in Section 9.2.3.1 (in part) as: “A low-rise residential building up to three storeys in height, situated on a single lot and not attached to any other residential building.”

2.

Proposed Amendment Notwithstanding Section 12.4.40.22, the maximum building height for the subject lands shall be 11 m (3-storeys) above finished grade.

Notwithstanding Sections 9.2.3.1 and 12.4.6.2, a detached residential dwelling shall be defined as a building containing only one (1) dwelling unit that is separated from any other dwelling unit above finished grade, but may be connected to another dwelling unit or parking structure below finished grade.

Zoning By-law Amendment File Z.15.025 to rezone the subject lands from R1 Residential Zone (single detached dwellings on lots with a minimum frontage of 18 m and lot area of 2 540 m ) to R5 Residential Zone (30 single detached dwellings connected to, and accessed by, an underground parking area that will form part of the common elements to be owned and maintained by a future condominium corporation) and OS1 Open Space Conservation Zone (valleyland and buffers), as shown on Attachment #3, together with the following site-specific zoning exceptions to the R5 Zone standards of Zoning By-law 1-88: …/4

CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF FEBRUARY 16, 2016 Item 1, CW(PH) Report No. 8 – Page 4

Zoning By-law 1-88 Standard

a.

Definition of “Lot”

b.

Definition of “Single Family Detached Dwelling”

c.

Permitted Uses

R5 Residential Zone Requirements

Proposed Exceptions to the R5 Residential Zone Requirements

A parcel of land fronting on a street separate from any abutting land to the extent that a consent contemplated by Section 49 of the Planning Act would not be required for its conveyance.

The subject lands shall be deemed one lot, regardless of the number of buildings constructed on the lot, the creation of any new lot by plan of condominium, partlot control, consent, and any easements or restrictions that are given.

A separate containing only dwelling unit.

A building containing only one (1) dwelling unit that is separated from any other dwelling unit above finished grade, but may be connected to another dwelling unit or parking structure below finished grade.

building one (1)

i) Single Family Detached Dwelling

Permit a maximum of 30 Single Family Detached Dwellings on one lot

ii) Semi-detached Dwelling

d.

Minimum Number of Parking Spaces

e.

Minimum Building Setbacks: i. ii.

3.0 parking spaces per dwelling unit for lots greater than 11 m frontage, and 2.0 parking spaces per dwelling unit for lots less than and equal to 11 m frontage.

i. 4.5 m ii. 7.5 m

Residential Dwelling Unit – 2.0 parking spaces / unit Residential Visitor Parking 0.25 spaces / unit (Note: this standard is consistent with condominium projects including apartments and townhouses)

i. 3 m (Stegman’s Mill Road) ii. 3 m

Front Yard Setback Rear Yard Setback

…/5

CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF FEBRUARY 16, 2016 Item 1, CW(PH) Report No. 8 – Page 5

f.

Minimum Distance Separation Between Dwellings

g.

Minimum Joint Ingress/Egress Driveway Width

h.

Minimum Landscaped Strip Width (Stegman’s Mill Road)

i.

Permitted Yard Encroachments

j.

Minimum Setback to Portions of Buildings Below Grade (Underground Parking Garage)

Zoning By-law 1-88 does not include a minimum distance separation between dwellings.

i.

The minimum distance between the side elevations of any two dwelling units shall be 3.0 m

ii.

The minimum distance between the front elevations of any two dwelling units shall be 11.5 m

7.5 m

6m (Minimum for fire route)

6m

1 m, and shall not prevent the provision of access driveways, intake shafts and access stairs across the said strip.

i.

Exterior stairways shall be permitted in the rear yard only except that an exterior stairway not exceeding one-half storey in height shall be permitted in any yard.

i.

All exterior stairs, porches (enclosed or unenclosed), balconies and retaining walls may be permitted to exceed one-half storey in height in any yard.

ii.

Exterior stairways, porches, balconies and a bay window may extend into a required interior side yard to a maximum of 1.8 m.

ii.

Exterior stairways, porches, balconies and retaining walls may extend into a required front or rear yard to a maximum of 1.8 m.

1.8 m

0m

…/6

CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF FEBRUARY 16, 2016 Item 1, CW(PH) Report No. 8 – Page 6

k.

Minimum Setback to Access Stairs for Underground Parking Area

Subject to the setback requirements of the R5 Zone:

Access stairs for an underground parking area shall have a 0 m setback to any lot line.

i. Front - 4.5 m ii. Rear - 7.5 m iii. Interior Side - 1.2 m Additional zoning exceptions may be identified through the detailed review of the applications and will be considered in a technical report to a future Committee of the Whole meeting. Background - Analysis and Options

Location





Official Plan Designation

357, 365 and 375 Stegman’s Mill Road, located east of Islington Avenue, on the south side of Stegman’s Mill Road, shown as “Subject Lands” on Attachments #1 and #2. The subject site consists of Lots 22, 23 and 24 on Registered Plan of Subdivision 11. 57, 365 and 375



The subject lands are designated "Village Residential" by Section 12.4 in Volume 2 of VOP 2010 (Kleinburg Core). The designation permits detached dwelling units with a maximum permitted building height of 9.5 m, and there is no maximum density requirement.



The subject lands are located within the Kleinburg-Nashville Heritage Conservation District Plan, and are subject to Section 12.2.1.1a (“Heritage Conservation Districts”) in Volume 2 of VOP 2010.



Section 12.4 in Volume 2 of VOP 2010 (Kleinburg Core) identifies compatibility criterion that directs new development to respect and reinforce the physical character of the Kleinburg Core. In addition, residential infilling in the Kleinburg Core shall be compatible with, and complementary to, the local lot pattern, size and configuration of adjacent developments.



As the proposed development is located in the Kleinburg Core and in proximity to an existing single detached subdivision comprising larger lots, the proposal does not address the compatibility criteria for new development, which is designed to respect and reinforce the existing physical character and uses of the surrounding area as they relate to lot configuration and size, built form and physical character. Therefore, the proposal does not conform to the Official Plan and an amendment to VOP 2010 is required.

…/7

CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF FEBRUARY 16, 2016 Item 1, CW(PH) Report No. 8 – Page 7

Zoning

Surrounding Land Uses



As the proposed development is located in the Kleinburg Core and in proximity to an existing single detached subdivision comprising larger lots, the proposal does not address the compatibility criteria for new development, which is designed to respect and reinforce the existing physical character and uses of the surrounding area as they relate to lot configuration and size, built form and physical character. Therefore, the proposal does not conform to the Official Plan and an amendment to VOP 2010 is required.



The Owner has submitted an Official Plan Amendment Application to permit the proposed development in response to the compatibility criteria, height and permitted use requirements in the Official Plan.



Section 37 contributions are not required for the proposal as the subject lands are located outside of an intensification area where single detached dwellings are a permitted use and there is no maximum density requirement for this lowrise building form.



The subject lands are zoned R1 Residential Zone, which permits single detached dwellings on lots with a minimum 2 frontage of 18 m and lot area of 540 m .



The Owner is proposing to rezone the subject lands from R1 Residential Zone to R5 Residential Zone to permit 30 detached dwellings connected to, and accessed by, an underground parking area that will form part of the common elements to be owned and maintained by a future condominium corporation, together with the site-specific zoning exceptions to the R5 Zone identified in the Purpose section of this report.



The Owner has submitted a Zoning By-law Amendment Application to implement the proposed zoning to facilitate the proposed standard condominium development.



Shown on Attachment #2.

Preliminary Review Following a preliminary review of the applications, the Vaughan Development Planning Department has identified the following matters to be reviewed in greater detail:

…/8

CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF FEBRUARY 16, 2016 Item 1, CW(PH) Report No. 8 – Page 8 MATTERS TO BE REVIEWED

COMMENT(S)

a.

Conformity with Provincial policies, Regional and City Official Plans

 The applications will be reviewed in consideration of the applicable Provincial policies and the Regional and City Official Plan policies, particularly the policies in Section 12.4, Volume 2, of VOP 2010 respecting the design and compatibility criteria for new development in the “Kleinburg Core”, and with respect to the proposed height increase from 9.5 m to 11 m in light of adjacent development heights, grades, and Heritage Conservation District policies.

b.

Appropriateness of the Proposed Rezoning and SiteSpecific Zoning Exceptions

 The appropriateness of the proposed rezoning to facilitate the development of the subject lands as shown on Attachments #3 to #6, will be reviewed in consideration of the existing and planned surrounding land uses, with particular consideration given to land use, lot size and configuration, transition, built form compatibility, building setbacks, height and traffic impact.

c.

Kleinburg-Nashville Heritage Conservation District Plan

 The existing buildings located at 357, 365 and 375 Stegman’s Mill Road are designated under Part V of the Ontario Heritage Act, and are listed in the Vaughan Heritage Inventory given its location within the Kleinburg-Nashville Heritage Conservation District Plan (HCDP). The proposal must be reviewed by the Vaughan Development Planning Department – Urban Design and Cultural Heritage Division and the Heritage Vaughan Committee.  The Owner has submitted a Heritage Conservation District Conformity Report that assesses conformity to the HCDP, which must be approved by the Vaughan Development Planning Department.

d.

Studies and Reports

 The Owner has submitted the following studies and reports in support of the applications, which must be approved to the satisfaction of the City or respective public approval authority: -

Planning Justification Report Functional Servicing and Stormwater Management Report Geotechnical and Soils Report Stage 1 and Stage 2 Archaeological Assessment Arborist Report Environmental Noise Feasibility Study Urban Design and Sustainability Brief

…/9

CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF FEBRUARY 16, 2016 Item 1, CW(PH) Report No. 8 – Page 9

e.

Vaughan Design Review Panel (DRP)

 The proposal must be considered by the DRP and the Owner must satisfactorily address the DRP’s comments.

f.

Conceptual Site Plan / Future Site Development Application

 A future Site Development Application is required to facilitate the proposed development shown on Attachments #3 to #6, should the subject applications be approved. The following matters, but not limited to, will be considered through the review of the Site Development Application and will also be considered through the review of the Conceptual Site Plan provided with the subject applications as shown on Attachment #3:  pedestrian and barrier free accessibility;  proper vehicular (including service vehicles such as fire and garbage trucks) turning movements on the proposed private road and underground parking area;  appropriate site design and building materials, orientation of units and upgraded elevations for units facing Stegman’s Mill Road and visible flankage elevations, landscaping, amenity area, snow storage, environmental sustainability, stormwater management, and servicing and grading;  accessibility and location of the proposed underground parking area and residential visitor parking spaces; and,  the relationship of the proposed built form, building setbacks and design with the immediate neighbourhood and site.

g.

Future Draft Plan of Condominium Application

 A future Standard Draft Plan of Condominium Application will be required to create a Condominium Corporation to address the tenure of the common elements (ie. exterior building façades, private driveway access and above-grade pedestrian promenades, underground parking garage, visitor parking, and landscaped areas), if approved.

h.

Sustainable Development

 Opportunities for sustainable design, including CPTED (Crime Prevention Through Environmental Design), LEEDS (Leadership in Energy and Environmental Design), permeable pavers, bio-swales, drought tolerant landscaping, energy efficient lighting, reduction in pavement etc., will be reviewed and implemented through the site plan approval process, if approved.

…/10

CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF FEBRUARY 16, 2016 Item 1, CW(PH) Report No. 8 – Page 10  The Owner will be required to pay to the City of Vaughan, cash-in-lieu of the dedication of parkland, prior to the issuance of a Building Permit, in accordance with the Planning Act and the City of Vaughan’s Cash-in-lieu Policy, should the applications be approved. The final value of the cash-in-lieu of parkland dedication will be determined by the Office of the City Solicitor, Real Estate Department.

i.

Cash-in-Lieu of Parkland

j.

Allocation and Servicing

k.

Phase 1 ESA

 The Vaughan Development Engineering and Infrastructure Planning Department must review and approve the Phase 1 ESA (Environmental Site Assessment) in support of the applications.

l.

Toronto and Region Conservation Authority (TRCA)

 The subject lands are located within the the Toronto and Region Conservation Authority (TRCA) Regulated Area under Ontario Regulation 166/06. The applications, including the proposed development limits, must be reviewed by the TRCA, and the Owner will be required to satisfy all conditions of the TRCA.



The availability of water and sanitary servicing capacity for the proposed development must be identified and allocated by Vaughan Council, if the proposed development is approved. If servicing is unavailable, the lands will be zoned with a Holding Symbol “(H)”, which will be removed once servicing capacity is identified and allocated to the lands by Vaughan Council.

Relationship to Term of Council Service Excellence Strategy Map (2014-2018) The applicability of these applications to the Term of Council Service Excellence Strategy Map (2014-2018) will be determined when the technical report is considered. Regional Implications The applications have been circulated to the York Region Transportation and Community Planning Department for review and comment. Any issues will be addressed when the technical report is considered. Conclusion The preliminary issues identified in this report and any other issues identified through the processing of the applications will be considered in the technical review of the applications, together with comments from the public and Vaughan Council expressed at the Public Hearing or in writing, and will be addressed in a comprehensive report to a future Committee of the Whole meeting.

…/11

CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF FEBRUARY 16, 2016 Item 1, CW(PH) Report No. 8 – Page 11 Attachments 1. 2. 3. 4. 5. 6.

Context Location Map Location Map Conceptual Site Plan & Proposed Zoning Underground Parking Plan Landscape Master Plan Typical Elevations (Interior Streetscape)

Report prepared by: Mark Antoine, Planner, ext. 8212 Carmela Marrelli, Senior Planner, ext. 8791 (A copy of the attachments referred to in the foregoing have been forwarded to each Member of Council and a copy thereof is also on file in the office of the City Clerk.)

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the City of Vaughan

CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF FEBRUARY 16, 2016 Item 1, Report No. 8, of the Committee of the Whole (Public Hearing), which ...

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