Prepared By: Mark Chiovitti

File: B028/12 Applicant: MAJORWEST COMMERCIAL II INC. Address: 3737 Major Mackenzie Drive,

Woodbrige Agent: STEVE BLIMKIE/ PAT CHANDLER

Fasken Martineau DuMoulin LLP. Adjournment Status: Notes: Comments/Conditions:

Commenting Department Comment Condition of

Approval Building Standards Development Planning Engineering TRCA PowerStream Other - ___Real Estate______ Other - _______________________

Legend: - Positive Comment - Negative Comment

Item # 6 Ward #3

Form 9

FILE NUMBER: B028/12 APPLICANT: MAJORWEST COMMERCIAL II INC.

PROPERTY: Part of Lot 20, Concession 5 (Parts 2-6, Registered Plan 65R-25645 municipally known as 3737 Major Mackenzie Drive, Vaughan)

ZONING: The subject lands are zoned C5, Community Commercial subject to Exception 9(1019A) under By-law 1-88 as amended.

PURPOSE:

The purpose of this application is to request the consent of the Committee of Adjustment to grant a LEASE in excess of twenty-one years (Bank), for the parcel of land marked "A" on the attached sketch for commercial plaza purposes and retain the lands marked “B” on the attached sketch for commercial plaza purposes. The lands subject to the lease have one (1) commercial bank including drive thru automated banking machine. There are four (4) existing buildings and four (4) proposed buildings for the commercial plaza.

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: Minor Variance Application A159/08 - Outdoor Patio (Starbucks) - Approved July 3, 2008

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, DECEMBER 6, 2012 TIME: 6:00 PM LOCATION: COMMITTEE ROOM 242/243 (2nd Floor)

VAUGHAN CITY HALL 2141 MAJOR MACKENZIE DRIVE VAUGHAN, ONTARIO L6A 1T1

You are invited to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. If you do not attend at the hearing it may proceed in your absence and, except as otherwise provided in the Planning Act, you will not be entitled to any further notice of the proceedings. If you wish to be notified of the decision of the Committee of Adjustment with respect to this application, you must complete the attached “Request for Decision” form and submit it to the Secretary-Treasurer.

Additional information is available from the Committee of Adjustment staff between 8:30 a.m. and 4:30 p.m. Monday to Friday at the Committee of Adjustment, Clerks Department: Tel:(905) 832-8585/Fax: (905) 832-8535. If you wish to make written comments on this application they may be forwarded to the Secretary - Treasurer of the Committee of Adjustment PRIOR TO THE MEETING.

Your comments are collected under the legal authority of the Planning Act, R.S.O. 1990,Chapter c. P.13, as amended. Your comments in respect to this application becomes the property of the City of Vaughan and will become part of the decision making process of the application as noted on this form. Pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended, public feedback to planning proposals is considered to be a public record and 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) 832-8585 x.8332.

DATED THIS 21st , DAY OF NOVEMBER, 2012. Todd Coles, BES, MCIP, RPP

Manager of Development Services and Secretary-Treasurer to Committee of Adjustment

Agenda packages will be available prior to hearing at:

http://bit.ly/VaughanCofA

COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1

Tel [905] 832-8585 Fax [905] 832-8535

NOTICE OF APPLICATION CONSENTS

COMMITTEE OF ADJUSTMENT File No.: B028/12

Applicants: MAJORWEST COMMERICAL II INC.

SUBJECT LANDS: 3737 MAJOR MACKENZIE DRIVE, WOODBRIDGE

Page 1 of 1

EXTRACTS FROM THE JULY 3, 2008 COMMITTEE OF ADJUSTMENT MINUTES FILE NUMBER: A159/08 APPLICANT: MAJORWEST COMMERCIAL II INC. PROPERTY: Part of Lot 20, Concession 5, (Municipally known as 3737 Major Mackenzie Drive,

Woodbridge). ZONING: The subject lands are zoned C5, Community Commercial under By-Law 1-88 as

amended and further subject to Exception 9(1019A). PURPOSE: To permit the continued construction of an outdoor patio for Building “B”

(Starbucks). PROPOSAL: 1. To be exempt from section 5.1.6. (h) as per access from interior only. BY-LAW REQUIREMENTS:

1. The outdoor patio shall be completely enclosed by a physical barrier with access only from the interior of the eating establishment with the exception of at least one (1) exit to be used only in cases of emergency and which is not from the interior of the main building.

Matthew West appeared as the agent on behalf of the applicant. ( Lauren Bailey, the authorized agent was in attendance). Ben Adamo, 10871 Jane Street, Maple, Ontario, L6A 1S1, appeared in support of the request. There was no else in attendance either in support of or in opposition to the request. A request for decision form was received from Ben Adamo, 10871 Jane Street, Maple, Ontario, L6A 1S1. There were no comments/objections from any Departments or Agencies. THAT the Committee is of the opinion that the variance sought, can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by M. S. Panicali Seconded by J. Cesario THAT Application No. A159/08, MAJORWEST COMMERCIAL II INC., be APPROVED, in accordance with the sketches attached. CARRIED.

Building Standards Department

* Comments are based on the review of documentation supplied with this application.

2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1

Tel (905) 832-2281

To: Committee of Adjustment From: Francesco Morea, Building Standards Department Date: Movember 14, 2012 Name of Owner: Majorwest Commercial II Inc. Location: 3737 Major Mackenzie Drive

65R-25645, Part 2-6 Part of Lots 20 and 21, Concession 5

File No.(s): B028/12 Zoning Classification:

The subject lands are zoned C5, Community Commercial subject to Exception 9(1019A) under By-law 1-88 as amended.

Proposal:

The subject Consent application is to permit a lease in excess of 21 years on the existing subject lands and therefore the Zoning By-law requirements for Lot Area, Lot Frontage and Lot Depth do not apply.

Staff Comments: Stop Work Orders and Orders to Comply: There are no outstanding Orders on file. Other Comments:

Building Department Staff have no additional comments in respect to this application.

Conditions of Approval:

If the committee finds merit in the application, the following conditions of approval are recommended. None

RECEIVED November 15, 2012 VAUGHAN COMMITTEE

OF ADJUSTMENT

Page 1 of 1

Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1

T: 905.832.8585 I F: 905.832.6080 I www.vaughan.ca

DATE:

November 26, 2012

TO:

Todd Coles, Committee of Adjustment

FROM:

Grant Uyeyama, Director of Development Planning Development Planning Department

MEETING DATE:

December 6, 2012

OWNER: Majorwest Commercial II Inc. FILE(S): B028/12 Location:

3737 Major Mackenzie Drive, Vaughan Ward 3, Vicinity of Major Mackenzie Drive and Weston Road

Proposal:

The applicant has submitted a Consent Application to permit the lease of a 416.3m2 portion of the subject lands for over 21 years for the continued commercial bank use (TD Canada Trust).

Official Plan:

The subject lands are designated “Vellore Village Centre” by in-effect OPA #600 (Vellore Urban Village). The subject lands are also designated “Mid-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.

Comments:

The Development Planning Department is of the opinion that the proposal meets the intent of the Official Plan and the consent criteria stipulated in Section 51(24) of the Planning Act.

Recommendation:

The Development Planning Department has no objection to Consent Application B028/12.

Condition(s):

None.

Report Prepared By: Daniel Woolfson, Planner 1 Carmela Marrelli, Senior Planner

RECEIVED November 27, 2012 VAUGHAN COMMITTEE

OF ADJUSTMENT

DATE: November 26, 2012

TO: Todd Coles, Committee of Adjustment FROM: Otello Santini, Development/Transportation Engineering MEETING DATE: December 6, 2012 OWNER: MAJORWEST COMMERCIAL II INC. FILE(S): Consent Application B028/12 Location: Part of Lot 20, Concession 5 (Parts 2-6, Registered Plan 65R-

25645 municipally known as 3737 Major Mackenzie Drive). Ward 3, Vicinity of Major Mackenzie Drive and Weston Road.

Proposal: The applicant has submitted a Consent Application to permit the

lease of a 416.3m2 portion of the subject lands for over 21 years for the continued commercial bank use (TD Canada Trust).

Comments: The Development/Transportation Engineering Department

supports this application and has no further comments and no objection to Consent Application B028/12.

Condition(s): None.

RECEIVED November 27, 2012 VAUGHAN COMMITTEE

OF ADJUSTMENT