Legal Services Department - Town of Caledon

REPORT DP-2012-081
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
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