Prepared By: Lenore Providence

File: A027/13 Applicant: JOSEPH AND WOLF LEBOVIC

JEWISH COMMUNITY CAMPUS Address: 9600 Bathurst Street, Thornhill Agent: MARK MALINOWICZ Comments/Conditions:

Commenting Department Comment Condition of

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

Legend: - Positive Comment - Negative Comment

Item # 20 Ward #4

Form 9

COMMITTEE OF ADJUSTMENT2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1

Tel [905] 832-2281 Fax [905] 832-8535

FILE NUMBER: A027/13 APPLICANT: JOSEPH AND WOLF LEBOVIC JEWISH COMMUNITY CAMPUS PROPERTY: Part of Lot 18, Concession 2 (municipally know as 9600 Bathurst Street and 49

Lebovic Campus Drive, Thornhill). ZONING: The subject lands are zoned A, Agricultural Zone, under By-law 1-88, as amended. PURPOSE: To permit the continued interior construction of the Community Centre. PROPOSAL: 1. To permit a retail pharmacy, accessory to the on site medical offices, to be

located on the ground floor with a maximum area of 328 m2. 2. To permit the facility to be used for religious and fund raising functions, accessory

to the institutional uses, where food and alcohol may be provided and licensing from the AGCO is required.

3. To permit a maximum of 2980.5 m2 (10% of GFA) to be used for various business office uses.

BY-LAW REQUIREMENT:

1. A retail pharmacy is not a permitted use in an Agricultural Zone. 2. A licensed banquet facility is not a permitted use in an Agricultural Zone. 3. Business offices are not a permitted use in an Agricultural Zone.

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.03.042 Approved by The Committee of the Whole on June 21, 2004. Council

APPROVED Committee of the Whole recommendations on June 28/04 MINOR VARIANCE APPLICATION: A060/06 APPROVED - Feb 23/06 (min.setback to day-light triangle 9.91m NE side

and min. ext. side yard of 11.11m NE side) A210/04 APPROVED – Jul 22/04 (Variances to setbacks, driveway width, landscape

strip, loading spaces, building height, lot coverage and parking spaces) A sketch is attached illustrating the request. This application will be heard by the Committee of Adjustment on the date and time shown below.

DATE: THURSDAY, JANUARY 31, 2013 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 16TH DAY OF JANUARY, 2013.

Todd Coles, BES, MCIP, RPP Manager of Development Services and

Secretary-Treasurer to Committee of Adjustment

NOTICE OF APPLICATION MINOR VARIANCE

FILE NUMBER: A027/13

APPLICANT: JOSEPH AND WOLF LEBOVIC JEWISH COMMUNITY CAMPUS

Subject Area Municipally known as 9600 Bathurst Street, Thornhill

COMMITTEE OF ADJUSTMENT2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1

Phone: (905)832-8585 Fax: (905)832-8535

9600

49

V-1 OF 11 Revised March, 2011

A027/13

FORM 1 PLANNING ACT, R.S.O. 1990, C.P. 13

SECTION 45 (1) or (2) APPLICATION FOR MINOR VARIANCE OR PERMISSION

Pursuant to Subsection 45 of the Planning Act, and Ontario Regulation 200/96, the applicant shall provide the Committee of Adjustment with such information or material as the Committee of Adjustment may require. The Committee of Adjustment may refuse to accept or further consider the application until the prescribed information, material and the required fee are received. Personal information on this form is collected under the legal authority of the Planning Act, R.S.O. 1990, C.P.13 as amended. This information will be used to process an application for a minor variance or permission for the Committee of Adjustment. Information on this application and any documentation submitted in support of or in opposition, becomes the property of the City of Vaughan. This information is collected and maintained for the purpose of creating a record that is available to the general public pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, C.M. 56, as amended. Questions about this collection should be directed to the Secretary-Treasurer, City of Vaughan Committee of Adjustment, at the above noted address. Note: Except for required signature(s), answers must be typed or neatly printed in dark ink, suitable for reproduction. All sections must be completed, or marked "n/a" (not applicable), as the case may be. This application is being made under the following section of the Planning Act, R.S.O. 1990, Chapter P. 13:

Section 45(1) – Relates to a change to a by-law standard (e.g. setbacks, frontage, height, etc.)

Section 45(2) – Relates to a change to, or expansion of, an existing legal non-conforming use. 1.0 OWNER/APPLICANT INFORMATION

1.1 Name of Owner: JOSEPH & WOLF LEBOVIC JEWISH COMMUNITY CAMPUS (THIS MUST BE THE NAME(S) REGISTERED ON TITLE) Telephone Number: 416-631-5696 Fax 416-631-5696 Address: Attention of Ron Eliath, CFO, 9600 Bathurst Street,

Town/City, Province: Thornhill, ON Postal Code: L6A 3Z8

E-mail: rmmalinowicz@ujafed.org

2.0 AGENT/SOLICITOR/CONSULTANT

2.1 Name of Agent: Mark Malinowicz

Telephone Number: 416-631-5696 Fax:

Address: 9600 Bathurst Street, Town/City, Province: Thornhill, ON Postal Code: L6A 3Z8 E-mail: mmalinowicz@ujafed.org

NOTE: Unless otherwise requested, all communications will be sent to the agent.

ON JANUARY 9/13, MR. MALINOWICZ, THE AGENT, AMENDED THE APPLICATION TO CONCUR WITH THE WORDING IN THE BUIDLING. DEPT. COMMENTS.

COMMITTEE OF ADJUSTMENT2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1

Tel [905] 832-2281 Fax [905] 832-8535

APPLICATION FOR MINOR VARIANCE OR PERMISSION

File No.

V-2 OF 11 Revised March, 2011

3.0 MORTGAGEES, HOLDERS OF CHARGES OR OTHER ENCUMBRANCES

3.1 Name:

Address:

Town/City, Province: Postal Code:

4.0 PURPOSE OF THE APPLICATION

4.1 What is the purpose of the application? Please select the appropriate type:

To permit the construction of

To permit the maintenance of two existing sheds

To permit the continued construction of a three-storey Community Centre

To facilitate the severance of the total lands. This variance pertains to the:

SUBJECT lands.

RETAINED lands.

5.0 BY-LAW REQUIREMENTS/PROPOSED CHANGES

5.1 What are the By-law requirements:

5.2 Proposed changes to the By-law requirements:

5.3 Why is it not possible to comply with the provisions of the By-law?:

6.0 DESCRIPTION OF SUBJECT LANDS

6.1 Legal description of the subject lands: Ward #: 4

Municipal Address: 9600 Bathurst Street, Thornhill Block Map #: 11 Lot(s)/Block(s) #: Registered Plan #:

Part of Lot(s): LOT 18 Concession: 2 Other legal description, if applicable:

ON JANUARY 9/13, MR. MALINOWICZ, THE AGENT, AMENDED THE APPLICATION TO CONCUR WITH THE WORDING IN THE BUIDLING. DEPT. COMMENTS.

1. To permit a retail pharmacy, accessory to the on site medical offices, to be located on the ground floor with a maximum area of 328 m

2. To permit the facility to be used for religious and fund raising functions, accessory to the institutional uses, where food and alcohol may be provided andlicensing from the AGCO is required.

3. To permit a maximum of 2980.5 m2 (10% of GFA) to be used for various business office uses.

1. A retail pharmacy is not a permitted use in an Agricultural Zone. 2. A licensed banquet facility is not a permitted use in an Agricultural Zone. 3. Business offices are not a permitted use in an Agricultural Zone.

Page 1 of 2

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:

January 21, 2013

TO:

Todd Coles, Committee of Adjustment

FROM:

Grant Uyeyama, Director of Development Planning Development Planning Department

MEETING DATE:

January 31, 2013

OWNER: Joseph and Wolf Lebovic Jewish Community Centre FILE(S): A027/13 Location:

9600 Bathurst Street, Vaughan Ward 4, Vicinity of Rutherford Road and Bathurst Street

Proposal:

The Owner is requesting to permit a multi-purpose institutional facility with the following variances:

Variance Proposed Required 1 Permitted use

in an A Agricultural Zone

Retail pharmacy accessory to on-site medical offices, to be located on the ground floor with a maximum area of 328 m2

A retail pharmacy is not permitted

2 Permitted use in an A Agricultural Zone

A facility to be used for religious and fund raising functions, accessory to the institutional uses, where food and alcohol may be provided and licensing from the AGCO is required

A licensed banquet facility is not permitted

3 Permitted use in an A Agricultural Zone

A maximum cumulative area of 2980.50 m2 (10% of building GFA) to be used for various business office uses, with no single unit area to exceed 1000 m2

Business offices are not permitted

Official Plan:

The subject lands are designated “Low Density Residential” by in-effect OPA #600 (Carrville Urban Village 2). Section 4.2.1.1 of OPA #600 permits institutional uses as well as “other accessory uses” in the “Low Density Residential” designation. In addition, OPA #600 defines institutional uses as areas that “serve the community’s education, government, health care and religious needs…which promote opportunities for multi-purpose functional buildings” (Section 2.4, in part). 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.

Comments:

On June 28, 2004, Vaughan Council approved Site Development File DA.03.042 to permit the development of 3 multi-purpose institutional buildings with a total GFA of 59,456 m2. The three buildings consist of a multi-purpose Community Services Complex (27,870 m2), Community Services and Special Needs Facility (15,793 m2) and a Secondary School (15,793 m2). For Minor Variance Application A027/13, the Applicant is requesting three additional use permissions accessory to the

RECEIVED

January 22, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT

Page 2 of 2

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

existing institutional uses in the Community Services Complex portion of the facility. The Applicant is requesting a 328m2 Pharmacy accessory to proposed medical offices located on the ground floor of the Community Services Complex (Mount Sinai's Sherman Health & Wellness Centre). A Public or Private Hospital is a permitted use in the A Agricultural Zone; the proposed Pharmacy will represent 1% of the total GFA of the Community Services Complex upon full build-out, and can reasonably be considered an ancillary use to the proposed medical offices. Accordingly, the Development Planning Department has no objections to Variance #1. For Variance #2, the Applicant has indicated by written letter, dated December 11, 2009, that a facility where food and alcohol may be provided is required for religious and fund raising functions only. On this basis, the Development Planning Department has no objections to Variance #2. The proposed business offices for Variance #3 represent 10% of the current total GFA of all buildings located on-site, and will represent 5% of the total GFA of all buildings upon full build-out. Accordingly, the Development Planning Department is of the opinion that the proposed business offices are considered an accessory use to the multi-purpose institutional uses located in the Community Services Complex. The Development Planning Department is of the opinion that the proposal is minor in nature, meets the intent of the Zoning By-law, and is desirable for the appropriate development of the land.

Recommendation:

The Development Planning Department supports Minor Variance Application A027/13.

Condition(s):

None.

Report Prepared By: Mark Antoine, Planner 1 Christina Napoli, Senior Planner

To: Committee of Adjustment From: Susan Okom, Building Standards Department Date: January 16, 2013 Name of Owner: Joseph and Wolf Lebovic Jewish Community Campus Location: Concession 2, Part of Lot 16 9600 Bathurst Street File No. A027/13 REVISED Zoning Classification: The subject lands are zoned A, Agricultural Zone, under By-law 1-88, as amended. Staff Comments:

Proposal: 1. To permit a retail pharmacy, accessory to the on site medical offices, to be

located on the ground floor with a maximum area of 328 m2. 2. To permit the facility to be used for religious and fund raising functions,

accessory to the institutional uses, where food and alcohol may be provided and licensing from the AGCO is required.

3. To permit a maximum cumulative area of 2980.5 m2 (10% of GFA) to be used for various business office uses with no single unit area to exceed 1000 m2.

By-Law Requirements:

1. A retail pharmacy is not a permitted use in an Agricultural Zone. 2. A licensed banquet facility is not a permitted use in an Agricultural Zone. 3. Business offices are not a permitted use in an Agricultural Zone.

Stop Work Orders and Orders to Comply:

None Building Permits Issued: Building Permit Application # 12-4340 has been received for a retail pharmacy. Comments: None Conditions of Approval: None

Please note: These comments are based on a review of the documentation supplied with this application. Upon submission of detailed drawings for building/site plan approval, additional variances may be identified.

RECEIVED

January 16, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT

To: Committee of Adjustment From: Susan Okom, Building Standards Department Date: January 7, 2013 Name of Owner: Joseph and Wolf Lebovic Jewish Community Campus Location: Concession 2, Part of Lot 16 9600 Bathurst Street File No. A027/13 Zoning Classification: The subject lands are zoned A, Agricultural Zone, under By-law 1-88, as amended. Staff Comments:

Proposal: 1. To permit a retail pharmacy, accessory to the on site medical offices, to be

located on the ground floor with a maximum area of 328 m2. 2. To permit the facility to be used for religious and fund raising functions,

accessory to the institutional uses, where food and alcohol may be provided and licensing from the AGCO is required.

3. To permit a maximum of 2980.5 m2 (10% of GFA) to be used for various business office uses.

By-Law Requirements:

1. A retail pharmacy is not a permitted use in an Agricultural Zone. 2. A licensed banquet facility is not a permitted use in an Agricultural Zone. 3. Business offices are not a permitted use in an Agricultural Zone.

Stop Work Orders and Orders to Comply:

None Building Permits Issued: Building Permit Application # 12-4340 has been received for a retail pharmacy. Comments: None Conditions of Approval: None

Please note: These comments are based on a review of the documentation supplied with this application. Upon submission of detailed drawings for building/site plan approval, additional variances may be identified.

RECEIVED

January 7, 2013 VAUGHAN COMMITTEE OF

ADJUSTMENT

O:\Committee of Adjustment - Development Services\00 Electronic Documents\Building Comments\A027 13 Engineering Comments.doc

DATE: January 18, 2013

TO: Todd Coles, Committee of Adjustment FROM: Nadia Porukova, Development/Transportation Engineering MEETING DATE: January 31, 2013 OWNER: Joseph and Wolf Lebovic Jewish Community Campus FILE(S): Minor Variance Application A027/13

Location: 9600 Bathurst Street Proposal: 1. To permit a retail pharmacy, accessory to the on site medical

offices, to be located on the ground floor with a maximum area of 328m2.

2. To permit the facility to be used for religious and fund raising functions, accessory to the institutional uses, where food and alcohol may be provided and licensing from the AGCO is required. 3. To permit a maximum of 2980.5 m2 (10% of GFA) to be used for various business office uses.

By-Law : 1. A retail pharmacy is not a permitted use in an Agricultural Zone. 2. A licensed banquet facility is not a permitted use in an

Agricultural Zone. 3. Business offices are not a permitted use in an Agricultural

Zone. Comments: The proposed retail pharmacy is within the existing community

complex. No new structure is proposed. Accordingly, the Development/Transportation Engineering Department has no objection to the above-noted application.

Conditions: None.

RECEIVED

January 22, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT

Date: January 16, 2013 Attention: Todd Coles, Secretary Treasurer to the Committee of Adjustment File No’s.: A027/13 Applicant: Joseph and Wolf Lebovic Jewish Community Campus Location: 9600 Bathurst Street, Thornhill

COMMENTS: (Via Email) Powerstream has reviewed the submitted plan. It is the responsibility of the owner or his agent to contact our office and discuss the above project for servicing. Please contact: New Connections: 905-417-6900 ext. 25713; Request Service Design Toll Free # 1-877-963-6900

RECEIVED

January 16, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT