Legal Services Department - Town of Caledon

To: Mayor and Members of Council 

REPORT DP-2012-081 

From: Development Approval & Planning Policy Department 

Meeting: 2012-09-11 

Subject: STATUS REPORT – COUNCIL RESOLUTION 2012-315 

PROPOSED REZONING APPLICATION 

PART OF LOT 4, CONCESSION 6 (ALBION) 

12720-12788 HIGHWAY 50, BOLTON, WARD 5 

APPLICANT: PENRETAIL MANAGEMENT LIMITED 

FILE NO.: RZ 11-07 

RECOMMENDATIONS 

That Report DP-2012-081 regarding Status Report – Council Resolution 2012-315 

proposed rezoning application, Part of Lot 4, Concession 6 (Albion), 12720-12788 

Highway 50, Bolton, Applicant: Penretail Management Limited, File No.: RZ 11-07, be 

received; 

That Report DP-2012-043 regarding Proposed Rezoning Application, Part of Lot 4, 

Concession 6 (Albion) designated as Parts 1 and 2 on Plan 43R-2477, save and except 

Parts 1 and 2 as in RO947247 and Parts 1-6 and 16 on Plan 43R-31705, known 

municipally as 12720-12788 Highway 50, Applicant: Penretail Management Limited, File 

No.: RZ 11-07 be received; 

That no Commercial Impact Assessment be required in accordance with Section 

5.10.4.5.7.15.8 of the Official Plan when considering the Penretail Management Limited 

rezoning application; and 

That Council direct staff to appear at the Ontario Municipal Board (OMB) in support of 

the Penretail Application and By-law 2012-XXX-064, to rezone the subject lands from 

General Commercial – Exception 432 (C-432) to permit the development of a 

supermarket to a maximum of 3,716 sq.m. (40,000 sq.ft.). 

ORIGIN/BACKGROUND 

Commercial Policy Review 

As part of the Town’s South Albion-Bolton Community Plan, a Bolton Commercial Policy 

Review (CPR) was initiated in 2005. The study was conducted to examine the future 

demand in Bolton for additional selected retail/service facilities. The purpose of the 

study was also to analyze and evaluate the retail commercial policies and designations 

in the current Official Plan and recommend any modifications to existing policies and 

Page 1 of 8


designations necessary to accommodate the future retail commercial space needs of the 

Town. A Retail Commercial Demand Study (2007) by Scott Morgan & Associates was 

prepared in support of the Town’s CPR. 

In July 2007, Council adopted OPA 215, the implementing policies for the CPR, which 

contained policies regarding the Penretail site and the North Hill Supermarket that had 

been included in the previous Minutes of Settlement on OPA 214, the Penretail 

amendment. 

Penretail Zoning By-law Amendment Application (DP 2012-043) 

The application for a Zoning By-law Amendment to permit a supermarket on the 

Penretail site was submitted on June 22, 2011, and a recommendation report for this 

application was considered by Council at its June 12, 2012 meeting. The report 

provided background information on the proposal and recommended that the subject 

lands be rezoned from General Commercial – Exception 432 (C-432) to permit the 

development of a supermarket to a maximum of 3,716 sq.m. (40,000 sq.ft.). The draft 

by-law is attached as Schedule ‘D’ of this report. The report further recommended that 

the rezoning be approved on its own planning merits, as a Commercial Impact Study 

was not required pursuant to Section 5.10.4.5.7.15.8 of the Town’s Official Plan. 

Council Resolution 

In a report to Council on June 12, 2012, DP 2012-043 (attached as Scheduled A), and 

subsequent Council Resolution 2012-315 (attached as Schedule B), Council directed 

staff to: 

1. Re-engage Scott Morgan to update the supermarket component of the 

Commercial Policy Review for the Bolton Commercial Area; 

2. Review the Minutes of Settlement that were signed by all parties; and 

3. Explore the possibility of having the OMB revisit the Minutes of Settlement as a 

result of the delay in processing the North Hill boundary adjustment caused by 

challenges to the Town’s provincial policy conformity exercise. 

DISCUSSION 

Commercial Impact Study 

The Official Plan states that Council can enact a zoning by-law to permit a supermarket, 

but a Commercial Impact Study is not required if the application is received before 

March 27, 2014 (Section 5.10.4.5.7.15.8 ii). Therefore, the proposed rezoning is 

consistent with this policy. 

Staff was requested by Council at its meeting on June 12, 2012 to contact the consultant 

for the Bolton Commercial Policy Review regarding the possibility of another 

supermarket potentially locating in the North Hill in Bolton. Initial communications with 

the consultant have revealed that, in order to update the Bolton Commercial Policy 



Review, a new retail survey will have to be conducted. An update to the Bolton 

Commercial Policy Review including a new retail survey would cost the Town between 

$75,000 and $100,000 to complete. 

Given that the update to the Bolton Commercial Policy Review is not a requirement for 

Council to enact the By-law to permit the development of the supermarket; staff does not 

support the Town investing in such a costly study at this time. 

Minutes of Settlement 

The parties to the Minutes of Settlement were: Penretail Management Limited, Town of 

Caledon, Region of Peel, 295319 Ont. Ltd. (United Lumber), Loblaw Properties Ltd., 

Wyndcliffe Developments Ltd., and Northwest Holdings Ltd. (Inman). These parties 

agreed to OPA 214 and OPA 215, the Commercial Policy Review amendment. 

Planning Report DP 2012-043 discussed the Minutes of Settlement between all parties. 

Paragraph 10 of the Minutes states that Penretail will not apply for a zoning by-law 

amendment to implement a supermarket until the earlier of: 

(a) 4 years from the date of execution of the Minutes, and 

(b) 1 year following the issuance of a building permit for a North Hill Supermarket. 

The Minutes were executed by all parties on March and April of 2007. Accordingly, 

Penretail is in a position to apply for a zoning by-law amendment to permit a 

supermarket and, as the March 27, 2012 date has now passed, Council is in a position 

to adopt a zoning by-law amendment to permit a supermarket on the subject lands if it 

chooses. 

Ontario Municipal Board 

The applicant appealed to the Ontario Municipal Board (OMB) on July 13, 2012 on the 

basis of Council's failure to enact the requested amendment within the timelines 

prescribed by the Planning Act. At the time of writing of this report, a hearing date has 

not been set. 

Discussion on whether the OMB can revisit a previous decision is discussed in the in 

closed Report DP 2012-077. 

North Hill Supermarket 

In February 2007, Wyndcliffe submitted an Official Plan Amendment and Zoning By-law 

Amendment application to permit a 40,000 sq.ft. supermarket store and retail and 

service commercial facilities of up to 60,000 sq.ft. on its site on the North Hill. As this 

site is located outside of the existing Bolton Settlement Boundary a settlement 

expansion would be required. A settlement expansion can only be achieved through a 

municipal comprehensive review as required by the Growth Plan for the Greater Golden 

Horseshoe. 



In the fall of 2008, the South Albion Bolton Employment Land and North Hill supermarket 

Settlement Boundary Expansion study began. The study considered several potential 

sites for the supermarket development. In October 2009, Council held a Public Open 

House on the preferred options for the supermarket boundary expansion. In September 

2010, the Town applied for a Regional Official Plan Amendment (ROPA) for the 

employment and supermarket boundary expansion (ROPA 10-002), based on the 

Wyndcliffe lands providing the North Hill site for the new supermarket. 

As part of the South Albion-Bolton Community Plan process, the Town retained a 

professional consultant to evaluate the retail potential for the South Albion-Bolton area 

as part of the Bolton Commercial Policy Review. In early 2007 a Retail Commercial 

Demand Study was released and the final report recommended Bolton could profitably 

absorb 40,000 square feet of retail grocery use with an additional 20,000 square feet of 

complementary retail development. 

In a report to Council on April 17, 2007, staff were directed to implement the 

recommendations of the Retail Commercial Demand Study and initiate a study to identify 

a site for a supermarket to serve the Bolton North Hill. Within this directive, Council 

passed a recommendation (W-168-2007, attached as Schedule ‘C’) to support the North 

Hill supermarket store. It is within this context, the Town’s Official Plan can support both 

supermarkets to proceed without a Commercial Impact Study. 

Un-used Supermarket Square Footage in Bolton 

At the time of the Bolton Commercial Policy Review Study, the consultant included all 

the potential planning applications in Bolton. One of these applications included a Site 

Plan application on behalf of Loblaw’s to amend the previously approved site plan to 

allow the construction of a 153,145 square feet retail grocery store with a 22,487 square 

feet mezzanine. This application has been inactive for the past five (5) years. A request 

was sent to the applicant regarding closure of the file. 

Based on the Commercial Policy Review Study, and given that the Loblaw’s application 

has no approval status, there is currently 26,000 square feet of un-used supermarket 

space available in Bolton. 

Penretail Application 

The Penretail zoning by-law amendment application was received on June 22, 2011, 

deemed complete on July 15, 2011, with a planning recommendation report on June 12, 

2012. Pursuant to Section 34 (11) of the Planning Act, 120 days of the application has 

expired, and the right to appeal exists. 

At a meeting on June 12, 2012, Town Council considered the zoning application. 

During the meeting, a number of concerns were raised by Wyndcliffe Development Inc.’s 

legal counsel with respect to the proposed North Hill Supermarket and the subject 

application. These concerns included an objection to planning staff’s recommendation 



and review of the application with respect to the Minutes of Settlement, and whether the 

Agreement with all parties should influence Council’s decision making. 

Based on the above matters, Town Council deferred the application in order for staff to 

review these matters. Subsequently, on July 13, 2012, the applicant appealed the zoning 

by-law amendment application to the Ontario Municipal Board (OMB) due to Council’s 

failure to make a decision within the required time frame under the Planning Act. 

Under Section 34 (11) of the Planning Act, if a Council refuses to approve a zoning bylaw 

amendment application or refuses to make a decision within 120 days after the 

application has been received, the proponent may appeal to the Ontario Municipal Board 

(OMB) for a hearing. 

The planning recommendation report (DP 2012-043) notes that the proposed zoning bylaw 

amendment application is consistent with the Town’s Official Plan policies, 

specifically Section 5.10.4.5.7.15.8 ii, which states that: 

Council shall not enact a Zoning By-law amendment to permit a supermarket prior 

to the earlier of: 

I. 18 months following the issuance of a building permit for a 

supermarket of a minimum size specified by the Town in a Zoning Bylaw 

adopted for that purpose, in a location that will be convenient to 

serve Bolton’s North Hill area; or, 

II. March 27, 2012, 

and no Commercial Impact Study will be required pursuant to Section 5.4.3.13.1 to 

pass a by-law implementing the supermarket permission referenced in subsections 

(i) or (ii) above provided the owner of the lands which constitute all or part of the 

Special Area has applied to the Town for an amendment of the Zoning By-law to 

permit a supermarket on this site, prior to March 27, 2014. After that date, a 

Commercial Impact Study will be required, pursuant to Section 5.4.3.13.1. 

The applicant requested that the application proceed after March 27, 2012, therefore 

satisfying the policy above to enact a zoning by-law with no Commercial Impact Study 

requirement. 

The zoning by-law application is consistent with the Town’s Comprehensive Zoning Bylaw 

2006-50, as amended. The zoning by-law amendment is necessary in order to 

facilitate the approval of a supermarket use, as it is not recognized as a permitted use 

‘as of right’ in any of the Town’s Commercial zones. The purpose of the application is to 

modify the existing commercial zoning on the subject lands to add supermarket use. The 

proposal has merit and can be supported for the following reasons: 

� It is consistent with the Provincial Policy Statement and the Places to Grow 

Growth Plan for the Greater Golden Horseshoe, directing growth to built-up areas 

and the efficient use of urban designated lands; 

� It is consistent with the Town’s Official Plan (as discussed above); and 



� The proposal represents good planning, as the proposed use is compatible with 

the surrounding land uses and will maintain the character of the site, as it is 

proposed within an existing building. 

Therefore, Staff is of the opinion that the application is consistent with Comprehensive 

Zoning By-law 2006-50, as amended. 

FINANCIAL IMPLICATIONS 

There are no immediate financial implications resulting from the adoption of this report. 

LEGAL IMPLICATIONS 

Under the Planning Act, once an application for rezoning is deemed complete Council 

has 120 days to make a decision. If Council fails to make a decision, an applicant has a 

right of appeal to the OMB. In this case, Penretail’s application was deemed complete on 

July 15, 2011 and Penretail filed an appeal on July 13, 2012. Once an appeal is filed, the 

Board is required to hear the appeal and dismiss it or, make an order amending the bylaw 

or direct that the Town amend the by-law as it sees fit. Jurisdiction remains with the 

Board until a final decision is made unless the appellant withdraws its appeal. 

If Council supports the rezoning application, they may direct staff to appear before the 

OMB to express Council’s support and provide evidence regarding the planning merits of 

the application. Although the final decision will be made by the Board, Council’s position 

as expressed by staff will be taken into consideration. 

At the present time the only parties to the litigation are the Town and Penretail. Unless 

additional parties request status before the Board, it is likely that the rezoning will be 

approved based on a joint submission. If however additional parties are granted status, 

the matter will likely proceed to a full hearing on the merits if a settlement is not reached. 

NEXT STEPS 

� Staff will appear before the OMB in support of the Penretail rezoning application 

as directed by Council. 

COMMUNITY BASED STRATEGIC PLAN 

Goal 2: Complete our Community of Communities 

Facilitate development of a safe, beautiful, connected and vibrant community of 

communities based on sound planning principles. 

� Strategic Objective 2D: Manage Growth and Use Land Wisely 

Promote land use planning decisions that are rooted in innovative and sound 

planning principles and ensure: 

� Caledon’s urban rural character is maintained; 

� Growth does not compromise the character and stability of existing residential 

neighbourhoods; and 

� Growth is in keeping with Caledon’s ability to provide and maintain 

appropriate infrastructure. 



Goal 5: Cultivate a Diverse and Prosperous Economy 

Foster a diverse, prosperous economy by attracting and retaining employment and 

providing the required environment for businesses to thrive. 

Strategic Objective 5A: Meet Employment Needs 

� Ensure business has the necessary infrastructure, services and opportunities 

required to succeed. 

Strategic Objective 5B: Retain Existing Business 

� Ensure businesses remain and thrive in Caledon where a supportive business 

environment is provided. 

POLICIES/LEGISLATION 

The Planning Act 

The Provincial Policy Statement, 2005 

The Places To Grow Act, and the Growth Plan for the Greater Golden Horseshoe 

Region of Peel Official Plan 

Town of Caledon Official Plan 

Comprehensive Zoning By-law 2006-50, as amended 

CONSULTATIONS 

Staff consulted with legal counsel and Scott Morgan, author of the Town’s Commercial 

Impact Study. 

ATTACHMENTS 

Schedule “A”, DP 2012-043 

Schedule “B”, Council Resolution 2012-315 

Schedule “C”, Council Resolution 168-2007 

Schedule “D”, By-law 2012-XXX-064 

CONCLUSION 

The applicant has appealed the zoning by-law amendment application to the Ontario 

Municipal Board (OMB) on the basis that Council has not made a decision within the 

required time frame. A date for the OMB hearing has not yet been scheduled. 

The Development Approval and Planning Policy Department has reviewed the proposed 

zoning by-law amendment in conjunction with external agencies and internal 

departments and is of the opinion that the proposed rezoning application is consistent 

with provincial, regional and local policy documents. As such, planning staff requests 

Council direction in attending the pending OMB hearing. 

Prepared by: Lalita Paray 


Approver (L1): Casey Blakely 

Approver (L2): Mary Hall 

Approver (L3): Douglas Barnes 

Approver (L4): 




Schedule 'A' to Development Approval & Planning Policy Report DP-2012-081 

Page 1 of 17 

To: Mayor and Members of Council 


From: Development Approval & Planning Policy Department 

Meeting: 2012-06-12 

Subject: PROPOSED REZONING APPLICATION 

PART OF LOT 4, CONCESSION 6 (ALBION) DESIGNATED AS PARTS 1 

AND 2 ON PLAN 43R-2477, SAVE AND EXCEPT PARTS 1 AND 2 AS IN 

RO947247 AND PARTS 1-6 AND 16 ON PLAN 43R-31705 

12720-12788 HIGHWAY 50, BOLTON 

APPLICANT: PENRETAIL MANAGEMENT LIMITED 

WARD: 5 

FILE NO.: RZ 11-07 

RECOMMENDATIONS 

That Report DP-2012-043 regarding Proposed Rezoning Application, Part of Lot 4, 

Concession 6 (Albion) designated as Parts 1 and 2 on Plan 43R-2477, save and except 

Parts 1 and 2 as in RO947247 and Parts 1-6 and 16 on Plan 43R-31705, known 

municipally as 12720-12788 Highway 50, Applicant: Penretail Management Limited, 

Ward 5, File No.: RZ 11-07 be received; and 

That Council enact a By-law to rezone the subject lands from General Commercial – 

Exception 432 (C-432) to permit the development of a supermarket to a maximum of 

3,716 sq.m. (40,000 sq.ft.). 

ORIGIN/BACKGROUND 

Proposal 

An application was submitted on June 22, 2011 by Penretail Management Limited. The 

purpose of the application is to add a supermarket with a maximum gross floor area not 

to exceed 3,716 sq.m. (40,000 sq.ft.) as a permitted use on the property. The proposed 

supermarket would be accommodated by refitting one of the existing buildings on the 

site. No additional buildings or site alterations are proposed. 

Commercial Policy Review 

As part of the Town’s South Albion-Bolton Community Plan, the Bolton Commercial 

Review Policy (CPR) was initiated in 2005. A Retail Commercial Demand Study (2007) 

by Scott Morgan & Associates was prepared in support of the Town’s CPR. The study 

was conducted to examine the future demand in Bolton for additional selected 

retail/service facilities. The purpose of the study was also to analyze and evaluate the 

retail commercial policies and designations in the current Official Plan and recommend 

any modifications to existing policies and designations necessary to accommodate the 

future retail commercial space needs of the Bolton. A Planning Analysis was undertaken 

by the Town as part of the CPR to assess all of the commercial and potential 

commercial sites in Bolton from a land use planning perspective. 





While the CPR was underway, a number of proposals and applications for new and 

expanded commercial development were made for lands in the vicinity of the Bolton 

Community Shopping Centre Commercial Area and to the north of Bolton. 

The applications included an application for an Official Plan Amendment (OPA) and a 

Zoning By-law Amendment (ZBA) by 287187 Ontario Ltd. (Penretail) on June 1, 2005. 

The proposed OPA was to permit commercial uses including a supermarket on the 

northwest corner of site which was then designated Prestige Industrial. Penretail 

appealed its OPA and ZBA applications to the Ontario Municipal Board (OMB) on 

January 2006 due to the absence of a decision by the Town within the time limit 

prescribed by the Planning Act. A decision was considered premature by the Town due 

to the on-going CPR. 

The Retail Commercial Demand Study concluded that the Bolton area could 

accommodate 40,000 sq. ft. of additional supermarket space, and that priority should be 

given to locating Bolton’s next supermarket in the North Hill to serve that area. 

It was with this finding in mind that the Town agreed to a Settlement with Penretail and 

other commercial development interests that were parties to the OMB hearing, which 

provided a window of opportunity, expiring four years from the date of execution of the 

Minute of Settlement to develop a supermarket and 10,000 sq.ft. of non-food store retail 

space on the North Hill. The provisions of the Settlement were contained in OPA 214, 

the Penretail Amendment. Council agreed to the Settlement and supported the approval 

of OPA 214 by the OMB on April 17, 2007 (PD 2007-17). 

In July 2007, Council adopted OPA 215, implementing policies for the CPR. OPA 215 

contained policies that had been included in the provisions of the Settlement and OPA 

214 regarding Penretail and the North Hill supermarket. These included new a General 

Commercial Policy Section 5.10.4.5.3.2 which states: 

“A major new policy objective of this Plan is to provide for a supermarket of up to 

3,716 m 2 (40,000 ft 2 ) in size with limited ancillary commercial uses in a location 

that can offer convenient service to residents within the North Hill community. 

The Town intends to undertake the necessary studies to identify an appropriate 

site for this commercial use. An amendment to the settlement area boundary will 

be required, including an amendment to the Regional Official Plan. The purpose 

of this amendment to the settlement area boundary will be to accommodate only 

the supermarket and limited ancillary commercial uses. The amendment flows 

from the Commercial Policy Review sub-component of the South Albion-Bolton 

Community Planning process and the Commercial Policy Review constitutes a 

municipal comprehensive review with respect to commercial matters in the South 

Albion-Bolton area.” 

OPA 215 also included new policies for the Bolton Community Shopping Centre 

Commercial Area including policies for Precinct H (the Penretail site). Section 

5.10.4.5.7.15.8 states: 

“This precinct shall be developed as an unenclosed shopping centre having a 

maximum gross floor area of 18,110 m 2 (194,900 ft 2 ) comprised of a grouping of 

buildings designed to function as a co-ordinated and integrated centre and may 

include: 

…a supermarket with a maximum gross floor area of 3,716 m 2 (40,000 ft 2 ) 




subject to the following: 


Council shall not enact a Zoning By-law amendment to permit a supermarket 

prior to the earlier of: 

North Hill Supermarket 

i. 18 months following the issuance of a building permit for a 

supermarket of a minimum size specified by the Town in a Zoning Bylaw 

adopted for that purpose, in a location that will be convenient to 

serve Bolton’s North Hill area; or, 

ii. March 27, 2012, 

and no Commercial Impact Study will be required pursuant to Section 

5.4.3.13.1 to pass a by-law implementing the supermarket permission 

referenced in subsections (i) or (ii) above provided the owner of the 

lands which constitute all or part of the Special Area has applied to 

the Town for an amendment of the Zoning By-law to permit a 

supermarket on this site, prior to March 27, 2014. After that date, a 

Commercial Impact Study will be required, pursuant to Section 

5.4.3.13.1. 

In February 2007, Wyndcliffe submitted an Official Plan Amendment and Zoning By-law 

Amendment application to permit a 40,000 sq.ft. supermarket store and retail and 

service commercial facilities of up to 60,000 sq.ft. on its site on the North Hill. As this 

site is located outside of the existing Bolton Settlement Boundary a settlement 

expansion would be required. A settlement expansion can only be achieved through a 

municipal comprehensive review as required by the Growth Plan for the Greater Golden 

Horseshoe. 

In fall of 2008, the South Albion Bolton Employment Land and North Hill supermarket 

Settlement Boundary Expansion study began. The study considered several potential 

sites for the supermarket development. 

In October 2009, Council held a Public Open House on the preferred options for the 

supermarket boundary expansion. 

In September 2010, the Town applied for a Regional Official Plan Amendment (ROPA) 

for the employment and supermarket boundary expansion (ROPA 10-002), based on the 

Wyndcliffe lands providing the North Hill site for the new supermarket. 

Penretail 

Application (RZ 11-07) was processed with respect to Planning Act requirements, and 

was circulated to the Region of Peel and to internal departments. A Public Information 

Meeting was held on January 25, 2012 in accordance with the Planning Act. 

In April 2012, a letter from Penretail was received by the Town requesting that the 

rezoning application for the South Hill supermarket site be resumed, that the priority for 

the North Hill supermarket had lapsed on March 2012, according to the policy noted 




above. 

DISCUSSION 



The subject property is designated Rural Service Centre as identified on Schedule D, 

Regional Structure, in the Region of Peel Official Plan. The Rural Commercial Centres 

policies (Section 5.4.3.2.1) identifies Rural Service Centres as providing a range and mix 

of residential, commercial, residential and institutional land uses to residents living within 

the Rural System. Commercial use of the subject lands is consistent with this 

designation. The Region of Peel has advised that they have no objection to the approval 

of the subject rezoning application. 


The subject property is designated Bolton Community Shopping Centre Commercial 

Area on Schedule “C-6” (A sub schedule to Schedule “C”) - Precinct H in the Town of 

Caledon Official Plan. The Community Shopping Centre Commercial Area designation 

permits the development of a home improvement store, non-food retail store and other 

commercial uses. The development of commercial uses is subject to site plan control. 

As noted above, the policies for the Precinct H in Section 5.10.4.5.3.2 do not allow a 

rezoning to permit a supermarket on the site until after March 27, 2012. That date has 

now passed. 

Staff is of the opinion that the rezoning application is consistent with Town’s Official Plan 

policies. 


A supermarket is not recognized as a permitted use ‘as of right’ in any of the Town’s 

Commercial zones and the approval of an application to amend the Town’s 

Comprehensive Zoning By-law is required before such use can be established. 

The subject property is currently zoned General Commercial – Exception 432 (C-432). 

The applicant is proposing General Commercial (C) uses including a site-specific 

provision in the by-law which will allow a supermarket store not exceeding a maximum 

gross floor area of 3,716 sq. m. (40,000 sq.ft.) as an additional permitted use to the 

current General Commercial – Exception 432 (C-432) zoning on the prop erty. Staff is of 

the opinion that the application is consistent with Comprehensive Zoning By-law 2006- 

50, as amended. 

Site Plan Approval 

The applicant has submitted a revised site plan application that shows a supermarket in 

an existing building (former Sportchek store) and parking adjustments to reflect the 

Town’s Accessibility By-law. Surface parking and landscaping will be provided in 

accordance with By-law requirements at a ratio of 1:21, totaling 892 parking spaces. 

Through the site plan review process, the application will be reviewed with regard to 

access, stormwater management, fire route, internal circulation, landscaping, parking as 

well as other elements. The draft site plan is attached as Schedule B of this report. 




FINANCIAL IMPLICATIONS 


The property is currently assessed as Shopping Centre Occupied/Vacant and 

Commercial Occupied/Vacant with an overall total assessment of $33,269,000. The 

Town’s share of taxes levied, based on the market value assessment, is approximately 

$153,734 and as at May 22, 2012 the tax account is current. 

If the rezoning were to proceed as proposed the taxable assessment value of the subject 

properties would change to reflect the change in usage and the redevelopment that 

occurs. 

The development charges pertaining to Building ‘F’ were paid on 8Feb08 BA/07/0608 

(BA/07/0409). Since the applicant is not proposing any increase in existing floor area 

and the building is remaining non-residential/non-industrial, no further development 

charges would be payable with respect to this application. 

Any future development would be subject to Town of Caledon development charges as 

per By-law No. 2009-090, currently $48.13/m2 non- residential. 

Region of Peel development charges, currently $93.28/m2 non-res/non-industrial; and 

Education development charges currently $5.71/m2 for non-residential would also be 

applicable should any future development occur. All development charges are payable 

prior to issuance of a building permit. 

LEGAL IMPLICATIONS 

In 2006, Penretail’s predecessor, 287187 Ontario Limited appealed Council’s absence of 

decision to amend the Town’s Official Plan to redesignate lands at the southwest corner 

of Healey Road and Regional Road 50. Penretail purchased the property and, therefore, 

became the appellant. As a result of a Board-assisted mediation, the OMB allowed the 

appeal in part and the resulting decision was the amendment to the Official Plan (OPA 

214) as outlined in the Origin/Background section of this report. The March 27, 2012 

date, precluding the rezoning and establishment of a supermarket on the Penretail site, 

has now passed. 

In addition, the Town, the Region, Penretail, Loblaw Properties Limited and Loblaw Inc. 

295319 Ontario Limited (i.e. United Lumber), Wyndcliffe Developments Inc. and 

Northwest Holdings Limited entered into Minutes of Settlement (the “Minutes”). 

Paragraph 10 of the Minutes states that Penretail will not apply for a zoning bylaw 

amendment to implement a supermarket until the earlier of: 

(a) 4 years from the date of execution of the Minutes, and 

(b) 1 year following the issuance of a building permit for a North Hill supermarket. 

The Minutes were executed by all parties in March and April of 2007. Accordingly, 

Penretail is in a position to apply for a Zoning By-law amendment to permit a 

supermarket and, as the March 27, 2012 date has now passed, Council is in a position 

to adopt a Zoning By-law Amendment to permit a supermarket on the subject lands if it 

so chooses. 

NEXT STEPS 

� Administration staff will provide Notice of Council’s decision in accordance with 





the requirements in the Planning Act. 

� Administration staff will monitor for any appeals that may be received during the 

following twenty day appeal period. 

� Administration staff will issue an affidavit, provided no appeals have been 

received. 

COMMUNITY BASED STRATEGIC PLAN 

Goal 5: Cultivate a Diverse and Prosperous Economy 

Strategic Objective 5A: Meet employment needs by ensuring businesses have the 

necessary infrastructure, services and opportunities required to succeed. 

Strategic Objective 5B: Retain existing business thrive in Caledon by providing a 

supportive business environment. 

Strategic Objective 5C: Attract new business and grow the knowledge based economy in 

Caledon by investing in priority growth sectors. 

POLICIES/LEGISLATION 

Planning Act 




CONSULTATIONS 

The subject application was circulated to external agencies and internal departments. 

There were no concerns with the approval of the proposed zoning by-law amendment. 

See Schedule “C” attached for comments. 

A statutory Public Information Meeting in accordance with the requirements of the 

Planning Act was held on January 25, 2012. Property owners within 120 metres of the 

subject lands were advised of the Public Information Meeting by direct mail as required 

under the Planning Act and an advertisement was placed in the Caledon Enterprise. 

ATTACHMENTS 

Schedule “A”, Location Map 

Schedule “B”, Draft Site Plan 

Schedule “C”, Comment Sheet 

CONCLUSION 

The Development Approval and Planning Policy Department has reviewed the proposed 

Zoning By-law Amendment in conjunction with external agencies and internal 

departments and is of the opinion that the proposed Rezoning application is consistent 

with provincial, regional and local policy documents. As such, planning staff 

recommends the proposed Zoning By-law Amendment be approved. 

Prepared by: Lalita Paray 




Approver (L1): Sylvia Kirkwood 

Approver (L2): Mary Hall 

Approver (L3): Doug Barnes 





Schedule 'A' to Development Approval Schedule & Planning 'A' Policy to Development Report DP-2012-081 Approval & Planning Policy Report DP-2012-043 



COLERAINE DR 

WHEELER DR 

Subject 

Lands 

PARR BLVD 

MARCONI CRT 

SIMPSON RD 

SIMPSON RD 

MCEWAN DR W 

NIXON RD 

GEORGE BOLTON PKY 

SIMONA DR 

MAYFIELD RD 

HEALEY RD 

LORING DR 

PILLSWORTH RD 

HARDWICK RD 

HOPCROFT RD 

Proposed Zoning By-law Amendment 

RZ 11-07 

Penretail Management Ltd. 

12720-12788 Hwy 50 

Part E Half of Lot 4, Concession. 6 (Albion) 

Town of Caledon 

Region of Peel 

HWY 50 

SHEARDOWN TRAIL 

FRUSTAC TRAIL 

LADY GODIVA DR 

RAIL LINE RR 

MCEWAN DR E 

INDUSTRIAL RD 

ALBION VAUGHAN RD 

PEMBROOK ST 

ROYALTON DR 

WATERBURY ST 

LANDSBRIDGE ST 

TANZINI DR 

EDGAR RD 

LOCATION MAP 

Date: July 2011 

File No.: Location Map RZ 11-07





COMMENT SHEET 

Prepared: May 28, 2012 

Lead Planner: Lalita Paray 

Ext. 4222 

Proposed Zoning By-law Amendment to add a ‘Supermarket‘ as a Permitted Use in the 

General Commercial – Exception 432 (C-432) Zone 


Part of Lot 4, Concession 6 (Albion) 

12720 – 12788 Highway 50, Bolton 

File Number: RZ 11-07 

The following comments were received regarding the above-noted file: 

TOWN OF CALEDON – DEPARTMENT COMMENTS 

Corporate Services – May 22, 2012 

Comments: This property is currently assessed and taxed as follows: 

The property is currently assessed as Shopping Centre Occupied/Vacant and Commercial 

Occupied/Vacant with an overall total assessment of $33,269,000. The Town’s share of taxes 

levied, based on the market value assessment, is approximately $153,734 and as at May 22, 2012 

the tax account is current. 

If the rezoning were to proceed as proposed the taxable assessment value of the subject properties 

would change to reflect the change in usage and the redevelopment that occurs. 

The development charges pertaining to Building ‘F’ were paid on 8Feb08 BA/07/0608 (BA/07/0409). 

Since the applicant is not proposing any increase in existing floor area and the building is remaining 

non-residential/non-industrial, no further development charges would be payable with respect to this 

application. 

Any future development would be subject to Town of Caledon development charges as per By-law 

No. 2009-090, currently $48.13/m2 non- residential. 

Region of Peel development charges, currently $93.28/m2 non-res/non-industrial; and Education 

development charges currently $5.71/m2 for non-residential would also be applicable should any 

future development occur. 

All development charges are payable prior to issuance of a building permit. 

Consultation & Zoning, Zoning – August 22, 2011 

Comments: The formatting of the draft by-law submitted is not consistent with the formatting of Bylaw 

2006-50, as amended. For the applicant's convenience we can forward a draft template 

showing the table format.



The maximum GFA for the supermarket must be listed in the standards column. 

Size and placement of buildings, landscaping etc has been approved through SPA 2007-41. No 

change is proposed in this regard. 

Based on gross floor area provided 814 parking spaces are required; 872 are provided. 

A supermarket is not listed as a permitted use within this zone but is proposed through the draft bylaw 

submitted. 

Based on the size of the supermarket proposed, 2 loading spaces (3.5m X 9m) are required; none 

are provided. It does appear that there is sufficient space to convert the existing delivery spaces 

servicing this building to loading spaces. 

Planning Law – August 12, 2011 

Comments: A search of the title of these lands has been completed and the submitted plans and 

drawings have been reviewed. 

Legal Description: 

PIN: 14350-0602 (LT) being part of Lot 4, Con. 6 (Albion) designated as Parts 1 and2 on Plan 43R- 

2477, save and except Parts 1 and 2 as in RO947247 and Parts 1-6 and 16 on Plan 43R-31705, in 

the Town of Caledon, in the Regional Municipality of Peel. 

Name of Owner: 


Easements: 

1. Instrument No. RO620085 is an easement in favour of The Regional Municipality of Peel for the 

purposes of sanitary sewers over Parts 4 and 5 on Plan 43R-9290. This easement affects the 

subject lands but is not shown on the site plan. Please have the site plan amended to show 

the location of this easement. 

2. Instrument No. PR1421469 is an easement in favour of The Corporation of the Town of Caledon. 

This easement does not affect the lands that are the subject of this application. 

3. Instrument No. PR1346568 is an easement between Dustane and Penretail. This easement does 

not affect the lands that are the subject of this application. 

Design and Engineering, Landscaping – August 9, 2011 

Comments: The rezoning is to permit a change of use to allow the establishment of a supermarket. 

The change in use does not alter the existing landscaping approved as part of SPA 2007-041; 

therefore, there are no concerns with this application. 

There are no urban design related concerns associated with the proposed change of use. 

Building and Support Services – August 12, 2011 

Comments: No concerns 

Design & Engineering, Engineering – August 12, 2011 

Comments: No concerns



Fire and Emergency Services – November 15, 2011 


AGENCY COMMENTS 

Region of Peel – Public Works, Development Services – August 25, 2011 

Comments: 

Development Services Planning - The subject property is located within the Rural Service Centre as 

indicated on Schedule D of the Regional Official Plan. The proposal suggests interior changes to the 

existing structure to allow for a supermarket use as well as converting 2 parking spaces for cart 

corrals. 

Region of Peel Public Works, Development Services Planning staff is in receipt of the above-noted 

rezoning application and has no concerns at this time. 

Development Engineering – The application suggests that there are no new buidings proposed or 

site alterations but it does not specify if there will be changes to their existing services. If there are 

changes to existing servicing to accommodate the proposed use, the Region will require site 

servicing drawings to make the applicant aware of possible requirements. 

Waste Management – On-site waste collection will be required through a private waste hauler.

Schedule 'A' to Development Approval Schedule & Planning 'A' Policy to Development Report DP-2012-081 Approval & Planning Policy Report DP-2012-043 



COLERAINE DR 

WHEELER DR 

Subject 

Lands 

PARR BLVD 

MARCONI CRT 

SIMPSON RD 

SIMPSON RD 

MCEWAN DR W 

NIXON RD 

GEORGE BOLTON PKY 

SIMONA DR 

MAYFIELD RD 

HEALEY RD 

LORING DR 

PILLSWORTH RD 

HARDWICK RD 

HOPCROFT RD 

Proposed Zoning By-law Amendment 

RZ 11-07 


12720-12788 Hwy 50 

Part E Half of Lot 4, Concession. 6 (Albion) 


Region of Peel 

HWY 50 

SHEARDOWN TRAIL 

FRUSTAC TRAIL 

LADY GODIVA DR 

RAIL LINE RR 

MCEWAN DR E 

INDUSTRIAL RD 

ALBION VAUGHAN RD 

PEMBROOK ST 

ROYALTON DR 

WATERBURY ST 


TANZINI DR 

EDGAR RD 

LOCATION MAP 

Date: July 2011 

File No.: Location Map RZ 11-07





COMMENT SHEET 

Prepared: May 28, 2012 

Lead Planner: Lalita Paray 

Ext. 4222 

Proposed Zoning By-law Amendment to add a ‘Supermarket‘ as a Permitted Use in the 

General Commercial – Exception 432 (C-432) Zone 


Part of Lot 4, Concession 6 (Albion) 

12720 – 12788 Highway 50, Bolton 

File Number: RZ 11-07 

The following comments were received regarding the above-noted file: 

TOWN OF CALEDON – DEPARTMENT COMMENTS 

Corporate Services – May 22, 2012 

Comments: This property is currently assessed and taxed as follows: 

The property is currently assessed as Shopping Centre Occupied/Vacant and Commercial 

Occupied/Vacant with an overall total assessment of $33,269,000. The Town’s share of taxes 

levied, based on the market value assessment, is approximately $153,734 and as at May 22, 2012 

the tax account is current. 

If the rezoning were to proceed as proposed the taxable assessment value of the subject properties 

would change to reflect the change in usage and the redevelopment that occurs. 

The development charges pertaining to Building ‘F’ were paid on 8Feb08 BA/07/0608 (BA/07/0409). 

Since the applicant is not proposing any increase in existing floor area and the building is remaining 

non-residential/non-industrial, no further development charges would be payable with respect to this 

application. 

Any future development would be subject to Town of Caledon development charges as per By-law 

No. 2009-090, currently $48.13/m2 non- residential. 

Region of Peel development charges, currently $93.28/m2 non-res/non-industrial; and Education 

development charges currently $5.71/m2 for non-residential would also be applicable should any 

future development occur. 

All development charges are payable prior to issuance of a building permit. 

Consultation & Zoning, Zoning – August 22, 2011 

Comments: The formatting of the draft by-law submitted is not consistent with the formatting of Bylaw 

2006-50, as amended. For the applicant's convenience we can forward a draft template 

showing the table format.



The maximum GFA for the supermarket must be listed in the standards column. 

Size and placement of buildings, landscaping etc has been approved through SPA 2007-41. No 

change is proposed in this regard. 

Based on gross floor area provided 814 parking spaces are required; 872 are provided. 

A supermarket is not listed as a permitted use within this zone but is proposed through the draft bylaw 

submitted. 

Based on the size of the supermarket proposed, 2 loading spaces (3.5m X 9m) are required; none 

are provided. It does appear that there is sufficient space to convert the existing delivery spaces 

servicing this building to loading spaces. 

Planning Law – August 12, 2011 

Comments: A search of the title of these lands has been completed and the submitted plans and 

drawings have been reviewed. 

Legal Description: 

PIN: 14350-0602 (LT) being part of Lot 4, Con. 6 (Albion) designated as Parts 1 and2 on Plan 43R- 

2477, save and except Parts 1 and 2 as in RO947247 and Parts 1-6 and 16 on Plan 43R-31705, in 

the Town of Caledon, in the Regional Municipality of Peel. 

Name of Owner: 


Easements: 

1. Instrument No. RO620085 is an easement in favour of The Regional Municipality of Peel for the 

purposes of sanitary sewers over Parts 4 and 5 on Plan 43R-9290. This easement affects the 

subject lands but is not shown on the site plan. Please have the site plan amended to show 

the location of this easement. 

2. Instrument No. PR1421469 is an easement in favour of The Corporation of the Town of Caledon. 

This easement does not affect the lands that are the subject of this application. 

3. Instrument No. PR1346568 is an easement between Dustane and Penretail. This easement does 

not affect the lands that are the subject of this application. 

Design and Engineering, Landscaping – August 9, 2011 

Comments: The rezoning is to permit a change of use to allow the establishment of a supermarket. 

The change in use does not alter the existing landscaping approved as part of SPA 2007-041; 

therefore, there are no concerns with this application. 

There are no urban design related concerns associated with the proposed change of use. 

Building and Support Services – August 12, 2011 


Design & Engineering, Engineering – August 12, 2011 

Comments: No concerns



Fire and Emergency Services – November 15, 2011 


AGENCY COMMENTS 

Region of Peel – Public Works, Development Services – August 25, 2011 

Comments: 

Development Services Planning - The subject property is located within the Rural Service Centre as 

indicated on Schedule D of the Regional Official Plan. The proposal suggests interior changes to the 

existing structure to allow for a supermarket use as well as converting 2 parking spaces for cart 

corrals. 

Region of Peel Public Works, Development Services Planning staff is in receipt of the above-noted 

rezoning application and has no concerns at this time. 

Development Engineering – The application suggests that there are no new buidings proposed or 

site alterations but it does not specify if there will be changes to their existing services. If there are 

changes to existing servicing to accommodate the proposed use, the Region will require site 

servicing drawings to make the applicant aware of possible requirements. 

Waste Management – On-site waste collection will be required through a private waste hauler.

Schedule 'B' to Development Approval & Planning Policy Report DP-2012-081 


TOWN OF CAlEDON 

Moved by J A O d bY 

v 

J t i 

2012 3 

Date June 12 2012 

That Report DP 2012 043 regarding Proposed Rezoning Application Part of Lot 4 

Concession 6 Albion designated as Parts 1 and 2 on Plan 43R 2477 save and except 

Parts 1 and 2 as in R0947247 and Parts 1 6 and 16 on Plan 43R 31705 known 

municipally as 12720 12788 Highway 50 Applicant Penretail Management Limited 

Ward 5 File No RZ 11 07 be referred to staff and 

That staff be directed to 

1 Re engage Scott Morgan to update the supermarket component 

Commercial Policy Review for the Bolton Commercia area 

2 Review the minutes of settlement that were signed by all parties 

ifI 

of the 

3 Explore the possibility of having the OMS revisit the minutes of settlement as a 

result of the delay in processing the North Hill boundary adjustment caused by 

challenges to the Town s provincial policy conformity exercise 

RECORDED VOTE YES NO CONFLICT ABSENT 

Councillor Beffort 

Councillor deBoer 

Councillor Foley 

Councillor McClure 

Mayor Morrison 

Councillor Paterak 

Councillor Mezzapelli 

Councillor Thompson 

Councillor Whitehead 

TOTAL 

MAYOR 

1v 7 

I CARRIED I LOST I

Schedule 'C' to Development Approval & Planning Policy Report DP-2012-081 


Schedule 'D' to Development Approval & Planning Policy Report DP-2012-081 


THE CORPORATION OF THE TOWN OF CALEDON 

BY-LAW NO. BL-2012-XXX-064 

A by-law to amend Comprehensive Zoning By-law 

2006-50, as amended, with respect to Part of the 

East Half of Lot 4, Concession 6 (Albion), Town of 

Caledon, Regional Municipality of Peel, municipally 

known as 12720 - 12788 Highway 50 

WHEREAS Section 34 of the Planning Act, as amended, permits the councils of local 

municipalities to pass zoning by-laws for prohibiting the use of land or the erecting, 

locating or using of buildings or structures for or except for such purposes as may be set 

out in the by-law; 

AND WHEREAS the Council of The Corporation of the Town of Caledon considers it 

desirable to pass a zoning by-law to permit the use of Part of the East Half of Lot 4, 

Concession 6 (Albion), Town of Caledon, Regional Municipality of Peel, for supermarket 

purposes. 

NOW THEREFORE the Council of The Corporation of the Town of Caledon enacts that 

By-law 2006-50, as amended, being the Comprehensive Zoning By-law for the Town of 

Caledon, shall be and is hereby amended as follows: 

1. The existing C-432 standards of Table 13.1 are hereby removed and 

replaced with the following: 

Zone Exception 

Prefix Number 

C 432 

(By-law 

2007-53, 

OMB 

Order No 

1400, 

By-law 

2012-XXX) 

Permitted Uses Special Standards 

- Art Gallery 

- Artist Studio and 

Gallery 

- Business Office 

- Clinic 

- Day Nursery 

- Drive-Through 

Service Facility 

- Dry Cleaning or 

Laundry Outlet 

- Financial 

Institution 

- Fitness Centre 

- Home 

Improvement 

Centre 

- Hotel 

- Laundromat 

- Merchandise 

Service Shop 

- Motel 

- Non-Food Store 

Retail 

- Outdoor Seasonal 

Garden Centre, 

Accessory 

- Personal Service 

Shop 

- Pharmacy 

- Place of Assembly 

- Place of 

Entertainment 

- Private Club 

- Restaurant 

- Sales, Service and 

Repair Shop 

Lot Area (minimum) 6.5ha 

Lot Frontage (minimum) 210m 

Building Area (maximum) 30% 

Yards (maximum) 

(a) front 

(adjacent to Regional Road 50) 12m 

(b) Exterior, Side 

(Adjacent to Healey Road) 9m 

(c) Rear 9m 

Building Height (maximum) 

(a) Hotel 18m 

(b) All Other Uses 12m 

Gross Floor Area – All Buildings (maximum) 

(a) before a building permit is 

issued for a Home Improvement 

Centre 9,290 m2 

(b) upon a building permit being 

issued for a Home Improvement 

Centre 18,110 m2 

Gross Floor Area – Home Improvement 

Centre: 

(a) minimum 7,430 m2 

(b) maximum 11,150 m2 

Gross Floor Area – All Non-Food 

Store Retail (maximum) 4,650 m2 

Gross Floor Area – All Specialty 

Food Stores (maximum) 700 m2 

Gross Floor Area – Size Restrictions 

(a) The minimum gross floor area for a Non- 

Food Store Retail establishment shall be 

279 m2, except that for a maximum of 3 

Non-Food Store Retail establishments, 

the minimum gross floor area may be 93 

m2 each; 

(b) The maximum gross floor area for any 

Specialty Food Store shall be 299 m2.



Zone 

Prefix 

Exception 

Number 

Permitted Uses Special Standards 

- Specialty Food 

Store 

- Supermarket 

- Training Facility 

- Video 

Outlet/Rental 

Store 

READ THREE TIMES AND FINALLY 

PASSED IN OPEN COUNCIL 

THIS 29TH DAY OF MAY, 2012. 

(c)The maximum gross floor area for any 

Supermarket shall be 3716 m2 

Outdoor Seasonal Garden Centre, Accessory 

(a) Number of Outdoor Seasonal 

Garden Centres, Accessory per Lot 

which shall only be accessory to a 

Home Improvement Centre 1 

(b) Duration of Operation (maximum) 

180 consecutive calendar days each 

calendar year – shall be consecutive days 

(c) Size (maximum) 929 m2 

(d) Parking – no part of an Outdoor 

Seasonal Garden Centre, Accessory 

shall encroach upon or block any more 

than 45 required parking spaces on the 

lot. 

Landscaping Area (minimum) 15% 

Planting Strip Locations/Width (minimum) 

(a) Adjacent to Regional Road 50 9m 

(b) Adjacent to Healey Road 6m 

(c) Adjacent to Rear Lot Line 6m 

(d) Adjacent to Interior Side Lot Line 2.5m 

Parking Spaces (minimum) 

1 for each 21m2 of Gross Floor Area or 

portion thereof 

Front Lot Line Exception 

Notwithstanding Section 3.2, within any C-432 

Zone, the front lot line shall be deemed to be 

the lot line which abuts Regional Road 50. 

___________________________________ 

Marolyn Morrison, Mayor 

___________________________________ 

Karen Landry, Clerk

SCHEDULE "A" 

ZONING BY-LAW 

No. 2012-xxx 

EDGAR RD 

ROYALTON DR 

STELLA CR 

STELLA CR 


WATERBURY ST 

RUSTIC WY 

PAVIN CR 




Part of the East Half of Lot 4, Concession 6 (Albion) 

12720-12788 Highway 50, Bolton 


Regional Municipality of Peel 

HARDWICK RD 

HEALEY RD 

PIERCEY RD 

LEGEND 

Subject lands rezoned from 

General Commercial- Exception 432 

(C-432) Zone to add a Supermarket Store 

RZ 11-07 

MARCONI CT 

INDUSTRIAL RD 

50 HY 

HOPCROFT RD 

LORING DR 

SIMPSON RD 

MCEWAN DR 

0 35 70 140 210 280 350 

Metres 

WHEELER DR 

³ 

NIXON RD 

Date: April 2012 

GEORGE BOLTON PY 

DRAFT 

location_map rz 11-07 

zoning bylaw v92 

COLERAINE DR

Legal Services Department - Town of Caledon

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