Legal Services Department - Town of Caledon

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