Committee of Adjustment Notice of Hearing Consent

COMMITTEE OF ADJUSTMENT

NOTICE OF HEARING CONSENT APPLICATION

WEDNESDAY SEPTEMBER 16, 2020

File No.: B 014-20

Location of Subject Property: 12130 Albion Vaughan Road (12180 Albion Vaughan Road)

Property Owner:): 1938590 ONTARIO INC. (2033665 ONTARIO LTD.) (Agent: Corbett Land Strategies Inc.)

Purpose and Effect of Consent: The applicant is requesting to sever a property having approximately 45.2hectares. The effect of the application is to sever approximately 5,546m2 with a lot frontage of approximately 90.77m between the existing Kia car dealership and Car Wash.

You are receiving this Notice as you are either the applicant, an owner of land within 60 metres of the subject land, or a person or public body who has requested to be notified.

Due to continuing efforts to contain the spread of COVID-19 and to protect individuals, Town Hall will not be open to the public to attend Committee of Adjustment Hearings until further notice.

Applicants The applicant or any authorized person acting on behalf of the applicant may participate in the hearing through the electronic method provided by the Secretary-Treasurer/Legislative Services.

Public Members of the public may access the meeting details on the above noted hearing date and time on the Town’s website at https://calendar.caledon.ca/meetings or by telephone at 416-216-5643 Canada Toll (Toronto) Meeting Access Code: 132 550 8427 #

Delegations If you wish to speak to an application referenced on the agenda package, please visit the Town’s website (CofA page) to submit the online delegation request form. https://forms.caledon.ca/do.aspx?interviewID=E000005_PublicParticipationInElectronicEvents&lan g=en&AppName=E000005_PublicParticipationInElectronicEvents

Written Comments In accordance with Ontario Regulation 197/96, written comments may be sent to the Secretary-Treasurer of the Committee of Adjustment by regular mail or e-mail prior to the above-noted hearing date. Such written comments will form part of the public record.

Additional Information Additional information regarding the application can be obtained by contacting the Secretary- Treasurer(s) of the Committee of Adjustment. Staff Reports can be made available on the Friday before the hearing date.

If you wish to be notified of the Decision of the Committee of Adjustment in respect of the proposed consent, you must make a written request to the Secretary-Treasurer, Committee of Adjustment by mail or email to [email protected].

If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submission to the Committee of Adjustment before it approves or refuses to give a provisional consent, the Local Planning Appeal Tribunal may dismiss the appeal. Local Planning Appeal Tribunal The applicant, the Minister or any other person or public body who has an interest in the matter may, within TWENTY DAYS (20) of the making of the decision appeal to the Tribunal against the decision of the committee by filing with the Secretary-Treasurer of the committee a Notice of Appeal setting out the objection to the decision and the reasons in support of the objection accompanied by payment to the Secretary-Treasurer of the fee charged by the Tribunal under the Local Planning Appeal Tribunal Act, 207, as payable on an appeal from a committee of adjustment to the Tribunal. For more information on the prescribed fee and to obtain a copy of the appeal from, please visit the LPAT website at http://elto.gov.on.ca. Staff note a cheque is required to be submitted payable to the Town of Caledon for$209 for the preparation of the file materials to be forwarded to LPAT. The land which is the subject of the application is also the subject of an application under the Planning Act for:

Official Plan Amendment: Not Applicable Zoning By-law Amendment: Not Applicable Consent: B 015-20 Minor Variance: A 024-20 and A 025-20

DATED AT THE TOWN OF CALEDON THIS 1st DAY OF SEPTEMBER, 2020. Additional information regarding this notice may be obtained between 8:30 a.m. to 4:30 p.m. Monday to Friday by calling 905-584-2272 ext. 4265 or [email protected]. KI RB Y RD

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Consent LOCATION MAP B 014-20 2033665 Ontario Limited (Agent): Corbett Land Strategies Inc. Date: June 26, 2020 12130 Albion Vaughan Road File No.: B 014-20 Lot 1, Concession 7 (Albion) TOWN OF CALEDON PLANNING RECEIVED June 26, 2020

COMMITTEE OF ADJUSTMENT – CONSENT APPLICATION

CONSENT PROCESS HAS CHANGED

CONSENT APPLICATIONS WILL NOT BE PLACED ON A HEARING DATE AT THE TIME OF SUBMISSION.

CONSENT APPLICATIONS AND PAYMENT WILL BE ACCEPTED. APPLICATIONS WILL BE CIRCULATED TO INTERNAL AND EXTERNAL AGENCIES. AFTER COMMENTS HAVE BEEN RECEIVED THE SECRETARY-TREASURER WILL FORWARD COMMENTS TO THE APPLICATION/AGENT.

If any revisions or further information is required the Secretary-Treasurer will advise. At that time the Applicant/Agent will be advised of the next deadline and Hearing Date.

K:\CommunityServices\Planning\CoA\D - Development and Planning\D10 - Consents\D10 - Applications\Consent Application Form December 17, 2019.doc TOWN OF CALEDON PLANNING RECEIVED June 26, 2020

CONSENT APPLICATION - GENERAL INFORMATION

This application form must be completed in its entirety prior to submission to the Town for consideration.

Pursuant to subsection 53(2) of the Planning Act, the applicant shall provide the Committee of Adjustment such information or materials as the Committee may require. Personal information on this form is collected under the legal authority of the Planning Act, R.S.O. 1990, C.p. 13 as amended.

A complete and accurate submission is required to ensure that the file can be properly processed. Incomplete or inaccurate applications will not be accepted. Except for required signature(s), the application shall 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 maybe.

If you have questions regarding the application or Committee process, please contact the Secretary-Treasurer to the Committee of Adjustment at 905-584-2272 ext. 4265/4291 or email at [email protected].

CONSENT APPLICATION CHECKLIST

BEFORE SUBMITTING AN APPLICATION, PLEASE ENSURE THE FOLLOWING IS COMPLETED:

Fully complete the entire application form.

Sign the application form in all appropriate locations and obtain the signed authorization of the owner if not the property owner. Original signatures must be submitted. If the applicant is a Corporation, the signing officer must place the Corporate seal over the signature(s).

Attached the applicable fees as per the Town of Caledon Fee By-law. Payment can be made by cash, Pay Pass, Visa, Mastercard, debit or cheque made payable to “Treasurer, Town of Caledon” Conservation Authority Comment fee: Please refer to the attached Fee Schedule for the Toronto Region Conservation or the Credit Valley Conservation. Development Approval and Planning Policy staff or Secretary-Treasurer will review to determine if a fee is required. If it is determined that a fee is required please make cheque payable to either the “Toronto & Region Conservation Authority” or the “Credit Valley Conservation”. This fee must be submitted at time of submission. NOTE: The Toronto Region Conservation Authority (TRCA) or the Credit Valley Conservation (CVC) will contact the owner to advise if a further fee is required for their application.

Attach 1 copy of sketches, plans or any required drawings in accordance with the requirements outlined in the application. Please refer to Site Plan requirements.

Attach 1 copy of all studies and reports to be submitted with your application. Please refer to studies and report requirements.

Attach 1 copy of any correspondence or permits from other agencies relevant to your submission.

It is recommended that all applicants communicate with their neighbours regarding the proposal.

Page 2 of 15 TOWN OF CALEDON PLANNING RECEIVED June 26, 2020

Outline of the Consent Application Review and Approval Process

The following is a brief description of the Committee of Adjustment Consent Application process:

Step 1 Application Pre-consultation All applicants are encouraged to arrange a pre-consult meeting with the Committee of Adjustment Secretary-Treasurer, which will include Planning & Development staff. Preliminary Meeting is not mandatory, but does assist the applicant in making the appropriate submission. During the preliminary meeting applicants will be provided with relevant information including the policies and requirements of the municipality and how they may impact the proposal. Applicants will also be advised with regard to related approvals, and other agencies that could be consulted for further information.

Step 2 Submission of Application and Initial Review APPLICATIONS WILL NOT BE OFFICIALLY ACCEPTED UNTIL THEY ARE DEEMED COMPLETE. It is required that one (1) copy of the application be filed with the Secretary-Treasurer of the Committee of Adjustment. When an application has been submitted, the file will then be reviewed to ensure that it is complete and that all of the relevant information and fees have been submitted. The application must be accompanied by a complete plan as prescribed in the application. If the subject property has joint ownership, signatures of all joint owners are required on the application.

Step 3 Comprehensive Review Following the initial review, and on the determination that the application is complete and accurate, the application will be circulated for comments. Material as filed will be reviewed by all relevant municipal departments and may also be reviewed by the Town Solicitor. During this process, the application will also be circulated to other review agencies as applicable including the Region of Peel, Toronto Region Conservation Authority, Credit Valley Conservation, Ministry of Transportation, etc. As this process takes place, applicants may be advised of additional submission requirements to address any issues that may arise.

Once the above circulation process has been completed, the applicant will be advised of a Hearing Date and applicants will be required to post a sign on the property. This sign will be prepared by the Town and applicants will be contacted when it is available for posting.

Under the requirements of the Planning Act, the applicant shall post a sign indicating that a consent application has been filed with the Town for the subject property. This sign must be posted by the applicant/agent on the property at a height of approximately 1.0m- 1.5m (3.28 – 5 feet) in a conspicuous place or in accordance with the instructions given by the Secretary-Treasurer and that the sign stays in place for the required posting period. Failure to do so will require that this process be repeated resulting in unnecessary delays to the processing of this application and the applicant will incur the cost of the deferral fee in accordance with the Town Fees By-law.

 THE APPLICANT IS RESPONSIBLE TO SUBMIT A PHOTO OF THE POSTED SIGN TO THE SECRETARY-TREASURER

 THE APPLICANT IS RESPONSIBLE TO CHANGE THE DATE ON THE SIGN TO REFLECT A REVISED MEETING DATE, WHERE REQUESTED BY THE SECRETARY-TREASURER

 THE SIGN SHALL NOT BE REMOVED UNTIL THE COMMITTEE MAKES A DECISION.

The Town Planning and Development Department will prepare a report for the Committee of Adjustment with a recommendation on the proposed consent.

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Step 4 Committee of Adjustment Meeting and Application Decision Following any necessary public consultation and the preparation of staff comments and report, the Committee of Adjustment will make a decision regarding the application. It is advised that the applicant be present at the meeting in order to answer any questions of the Committee or public.

Following the Committee’s decision, a notice of decision and notice of appeal period will be circulated. If the application is approved, applicants will be informed of the approval and any conditions imposed by the Committee. If the application is denied, applicants will be informed of the decision and the reasons for the decision, as well as information on the appeal process.

All decisions regarding the application are subject to an appeal period of 20 days during which an appeal may be filed by applicants, agencies, interest groups and/or the public to the Local Planning Appeal Tribunal (LPAT). If a decision is appealed, applicants will receive a Notice of Appeal from the Secretary- Treasurer.

Site Plan Requirements:

One (1) copy of a scaled site plan (metric), on 8 1/2" x 11" paper. If the plan is a larger size please provide two copies of the larger size as well. Two (2) full-sized Site Plans are required for Industrial, Commercial, Institutional, and Recreational Applications. The plan shall clearly indicate the following information (see attached example):

a. The boundaries and dimensions of any land abutting the subject land owned by the owner of the subject land; b. The approximate distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing; c. The boundaries and dimensions of the subject land, the part that is intended to be severed (shown in double hatch lines XXXX) and the part that is intended to be retained (shown in single hatch lines ////), d. The location of all land previously severed from the parcel originally acquired by the current owner of the subject land, e. The approximate location of all natural and artificial features (for example, buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wood areas, wells and septic tanks) that, (i) are located on the subject land and on land that is adjacent to it, and (ii) in the applicant’s opinion, may affect the application: f. The current uses of land that is adjacent to the subject land (for example, residential, agricultural or commercial); g. The location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way; h. If access to the subject land will be by water only, the location of the parking and boat docking facilities to be used; and i. The location and nature of any easement affecting the subject land.

Studies and Reports Requirements

In accordance with the Planning Act, R.S.O. 1990 53(3) and in accordance with Section 6.2.1.6.1 and 6.2.1.6.2 of the Town Official Plan, the following studies, reports and plans may be required to deem this application complete:

a) survey plan and/ or scalable concept plan b) plan of subdivision, plan of condominium, draft Official Plan amendment, or draft Zoning By-law amendment, as applicable c) planning justification report d) storm water management report e) environmental impact study and management plan f) comprehensive broader scale environmental study

Page 4 of 15 TOWN OF CALEDON PLANNING RECEIVED June 26, 2020

g) phase 1 environmental site assessment h) grading and drainage plan i) agricultural impact assessment j) sanitary sewer and water servicing study/functional servicing report k) transportation study or traffic impact study l) hydrogeological impact assessment/water resources study/water balance/ budget analysis m) soil stability or geotechnical report n) noise and vibration study o) air quality assessment p) landform conservation plan q) vegetation analysis/tree preservation plan r) demarcation of physical and stable top of bank s) demarcation of limits of natural heritage systems, ecosystem components, natural hazards and/or areas regulated by a conservation authority t) architectural design plan and/or guidelines or urban design brief u) neighbourhood concept plan v) visual impact report w) park/ open space concept plan or facility fit plan x) on-street parking analysis/ utilization plan y) cultural heritage survey z) cultural heritage impact statement aa) built heritage and cultural heritage landscape assessments bb) archaeological heritage resource assessment cc) aggregate resource impact study dd) rehabilitation plan ee) commercial impact study ff) housing distribution assessment gg) fiscal impact analysis/market study hh) sustainability design brief; and ii) health background study.

APPROVAL GIVEN SUBJECT TO CERTAIN CONDITIONS

If an application is approved, it maybe approved subject to certain conditions. These conditions must be fulfilled within one year of the mailing date of the Notice of Approval. The following are standard conditions which could be included:

 Certificate fee;  preparation of the reference plan;  cash-in-lieu of parkland;  provisions of adequate services (Region of Peel);  gratuitous conveyance of land for road widening (legal fees) (Town of Caledon, Roads & Fleet);  approval and fee payment from the appropriate Conservation Authority;  approval from the Niagara Escarpment Commission;  Approval from Town of Caledon, Corporate Services, Legal Services that a certified cheque has been submitted for legal fees and disbursements in respect of title search, document preparation and registration (if applicable).  approval from Town of Caledon, Finance and Infrastructure Services, Finance (outstanding financial obligations);  approval of a driveway location (Town of Caledon, Finance & Infrastructure Services, Transportation);  Approval from Town of Caledon, Community Services, Planning and Development regarding the submission of a satisfactory grading plan; and,  compliance with the Zoning By-law.

The above information related to conditions is general. Should you wish more specific information, please contact the Secretary-Treasurer as noted below.

Page 5 of 15 TOWN OF CALEDON PLANNING RECEIVED June 26, 2020

Note: Upon approval of a consent application, both the severed and retained portions of land are considered new lots and they will not meet the definition of “existing” under the Zoning By-law. Non-conforming or non-complying standards do not apply to new lots.

FOR FURTHER INFORMATION CONTACT:

Cindy Pillsworth, Zoning Administrator/Secretary-Treasurer, Committee of Adjustment Community Services Planning and Development Phone: 905-584-2272 Extension 4265 E-mail: [email protected]

Rob Hughes, Manager of Development West Community Services Planning and Development Phone 905-584-2272 ext.4246 E-mail: [email protected]

DEVELOPMENT CHARGES MAY BE PAYABLE BEFORE THE ISSUANCE OF A BUILDING PERMIT.

WARNING

CONDITIONS MUST BE FULFILLED WITHIN ONE YEAR OF THE DATE OF THE GIVING OF THE NOTICE OF DECISION, FAILING WHICH THIS APPLICATION SHALL THEREOUPON BE DEEMED TO BE REFUSED.

Section 53(41), The Planning Act R.S.O., 1990

Page 6 of 15 TOWN OF CALEDON PLANNING RECEIVED June 26, 2020

270m

Location of river

Retained

Agricultural Use

Agricultural Use Barn

372m

Distance Highway

90m

Bearings and Severed Dimensions (Legal 45m Survey) Proposed driveway Septic bed/well

Existing lot

house

Existing Existing lot Driveway

Highway

Severed Land Total Area = Retained Land Total Area = ac(ha) ac(ha)

Distance

Page 7 of 15 TOWN OF CALEDON PLANNING RECEIVED June 26, 2020

Personal information on this form is collected pursuant to the Planning Act and will be used in the processing of the application. Applicants are advised that the Committee of Adjustment is a public process in which all material provided may be considered public information and may be made available upon request. Questions should be forwarded to the Municipal Freedom of Information Coordinator at 905-584-2272.

Note: Pursuant to subsection 53(2) of the PLANNING ACT, 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(s) are received.

File Number: B _____-____

TAX ASSESSMENT ROLL NUMBER:

1. NAME OF OWNER NAME OF AUTHORIZED AGENT 2033665 Ontario Limited John Corbett , President Corbett Land Strategies Inc. STREET & NUMBER STREET & NUMBER 12130 Albion Vaughan Road 483 Dundas Street West, Unit 212 CITY POSTAL CODE CITY POSTAL CODE Caledon L7E 1S7 Oakville L6M 1L9 TELEPHONE E-MAIL TELEPHONE E-MAIL [email protected] 416-806-5164 [email protected]

2. The type and the purpose of the proposed transaction, such as: a transfer for the creation of a new lot; a lot addition; an easement; a charge; a lease or a correction of title. Please specify:

Consent to sever. Please see enclosed Justification Brief for further information.

3. If known, the name of the person to whom the land or an interest in the land is to be transferred, charged or leased.

N/A

4. LEGAL DESCRIPTION - Lot ______1 Concession ___7______Former Township ____Albion______OR Lot ______Registered Plan ______

Page 8 of 15 TOWN OF CALEDON PLANNING RECEIVED June 26, 2020

5. Are there any easements or restrictive covenants affecting the subject land?

Yes X No

Specify: ______Servicing easements/ vehicular easements as per B012-10, B006-12, B002-10. Also YR1548263 and YR1549670. Justification Brief provides further information.

6. DESCRIPTION OF LAND TO BE SEVERED: Dimensions of land (metric units):

Frontage: ______90.77m Depth: ______78.5m Area: ______5,546.0 m2 Existing Use: Proposed Use: Car Dealership Car Dealership Number and use of buildings and structures (both existing and proposed) on the land to be severed: (existing) 1 (proposed)

Access will be by: Existing Proposed Existing Proposed Regional Provincial Highway Road Municipal Road – Maintained Seasonal X all year Road Private Other Public Road Right-of- way Water If access is by water only, what parking and docking facilities will be used and what is the approximate distance of these facilities from the subject land and the nearest public road? N/A

Water supply will be by: Existing Proposed Existing Proposed Privately owned and Publicly owned and operated X operated water system individual or communal well Other Lake or other water body (specify)

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Sewage disposal will be by: Existing Proposed Existing Proposed Privately owned and Publicly owned and operated operated sanitary sewage X individual system or communal septic system Other Privy (Specify)

7. DESCRIPTION OF LAND TO BE RETAINED: Dimensions of land (metric units):

Frontage: ______30.4 Depth: ______56.7m Area: ______3,567.4m2 Existing Use: Proposed Use: Car Wash Car Wash Number and use of buildings and structures (both existing and proposed) on the land to be retained: (existing) 1 (proposed)

Water supply will be by: Existing Proposed Existing Proposed Privately owned and Publicly owned and operated operated water system X individual or communal well Other Lake or other water body (specify)

Page 10 of 15 TOWN OF CALEDON PLANNING RECEIVED June 26, 2020

8. What is the current designation of the land in any applicable zoning by-law and official plan? Land to be Severed Land to be Retained Zoning: CHB-185 Bolton Highway Commercial CHB-185 Bolton Highway Commercial

Official Plan Designations:

Town of Caledon Highway 50 Commercial Area

Region of Peel Bolton Rural Service Centre

9. Has the subject land ever been the subject of an application for approval of a plan of subdivision under section 51 of the Planning Act, or consent under section 53 of the Act? No X Yes If yes and if known, please provide the file number of the application and the decision on the application.

File # ______B 011-18 Decision: ______Approved

10. Has any land been severed from the parcel originally acquired by the owner of the subject land? No X Yes If yes, provide date of transfer: ______B009-17 & B008-17 Land Use: ______Self Storage

Name of Transferee: ______2033665 Ontario Limited

11. Is the subject land consistent with the Provincial Policy Statement? Yes X No 

If NO, please explain

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Application Fee (as per Town of Caledon Fee By-law) Fees may be paid by cash, cheque, Visa, Mastercard or debit card. If the fee is being paid by cheque, the cheque must be made payable to the Treasurer, Town of Caledon.

Application Form (all sections must be complete)

Conservation Authority Comment fee made payable to the appropriate Conservation Authority. The Conservation Authority will advise the owner/agent if the application is considered major and will request further payment

Appointment and Authorization Form, (if someone other than the owner of the property is submitting the application

Permission to Enter Form

Posting of Advisory Sign Form

The applicant must submit two (2) copies of a scaled sketch plan (metric) 81/2” x 11” paper. Full size plans greater than 81/2 x 11 can be submitted. Two (2) full-sized Site Plans are required for Industrial, Commercial, Institutional, and Recreational Applications. A Site Plan Application maybe required for Residential. The plan shall clearly indicate the following information:

The boundaries and dimensions of any land abutting the subject land owner by the owner of the subject land;

The approximate distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing;

The boundaries and dimensions of the subject land, the part that is intended to be severed is shown in double hatch lines XXXX) and the part that is intended to be retained (shown in single hatch lines ////);

The location of all land previously severed from the parcel originally acquired by the current owner of the subject land;

The approximate location of all natural and artificial features (for example, buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wood areas, wells and septic tanks) that, are located on the subject land and on land that is adjacent to it, and in the applicant’s opinion, may affect the application;

The current uses of land that is adjacent to the subject land (for example, residential, agricultural or commercial);

The location, width and name of any roads within or abutting the subject land, indicating whether it is an opened road allowance, a public travelled road, a private road or a right of way;

If access to the subject land will be by water only, the location of the parking and boat docking facilities to be used; and

The location of and nature of any easement affecting the subject land.

A Key Map indicating the general location of the subject property.

Discuss the Application with surrounding property owners.

Page 15 of 15 TOWN OF CALEDON PLANNING RECEIVED June 26, 2020

Wednesday, March 25th, 2020

Town of Caledon Committee of Adjustment Development Approval and Planning Policy 6311 Old Church Road Caledon, ON, L7C 1J6

Attention: Cindy Pillsworth, Zoning Administrator/ Secretary-Treasurer

RE: Justification Brief – Consent and Minor Variance Applications – 12130 Albion Vaughan Rd, Caledon 2033665 Ontario Limited

Dear Cindy Pillsworth,

Corbett Land Strategies Inc. (CLS), on behalf of 2033665 Ontario Limited (Client), is pleased to submit the attached Consent and Minor Variance applications for 12130 Albion Vaughan Road. CLS is the authorized agent for this application and will serve as the primary contact throughout this application.

A preliminary meeting was held on October 9th, 2019 to discuss the proposed severance and to determine what other applications would be necessary. It was determined that multiple consent and minor variance applications would be necessary. CLS has reviewed the information and revised the Concept Plan accordingly, to illustrate the proposed retained and severed lands.

The application is to permit the severance of the subject lands, to allow the continued operations of the existing Car Wash and Kia Car Dealership under separate properties. As a result, consent applications, for the severance and an easement, and minor variances applications, to address the zoning deficiencies of the proposed retained and severed lands, are required. Specifically, the proposed applications are requesting the following: 1. Consent Application – Severance 2. Consent Application – Easement (Allowing access for retained lands through severed lands, onto Albion Vaughan Road) 3. Minor Variance Application – Retained Lands (Car Wash – 12130 Albion Vaughan Rd) a. Landscaping Area – 15.5% is proposed, whereas 20% is required; b. Planting Strip Width – b. 7.75m is proposed, whereas 9.0m is required; 4. Minor Variance Application – Severed Lands (Kia Dealership – 12080 Albion Vaughan Rd) a. Landscaping Area – 19.6% is proposed, whereas 20% is required; b. Planting Strip Width – b.8.92m is proposed, whereas 9.0m is required; c. Parking Space Setback – 0.0m is proposed, whereas 1.5m is required;

______483 Dundas Street West, Suite 212 Oakville, Ontario L6M 1L9

Our Client would like to sever the subject lands for the purposes of utilizing the existing businesses on separate properties. The existing businesses will remain in operation for the foreseeable future. In the event of a new development proposed for the retained or severed lands, if the development were to differ in any respect from the existing development, new and separate planning applications would be required and would be reviewed at such time to ensure conformance.

The following materials are enclosed with this submission: • Concept Plan • Easement Plan; • Consent Application (Completed, Authorized); 1. Severance 2. Easement • Minor Variance Applications (Completed, Authorized); 1. Retained Lands 2. Severed Lands • Justification Brief; and, • Survey; and, • Application Fee

CLS would like to thank the Town of Caledon for the opportunity to the submit to the necessary applications in order to enhance the business operations of the subject lands.

Respectfully submitted,

Candice Hood John Corbett ______Candice Hood, BA, CPT John B. Corbett, MCIP, RPP Senior Planning Technician President Corbett Land Strategies Inc. Corbett Land Strategies Inc. 289-725-0121 416-806-5164 [email protected] [email protected]

Page 2 of 2

TOWN OF CALEDON PLANNING RECEIVED June 26, 2020

Friday, March 19th, 2020 Town of Caledon Committee of Adjustment Development Approval and Planning Policy 6311 Old Church Road Caledon, ON, L7C 1J6

Attention: Adam Wendland, Zoning Administrator/ Secretary-Treasurer Cindy Pillsworth, Secretary-Treasurer RE: Justification Brief – Consent and Minor Variance Applications – 12130 Albion Vaughan Rd, Caledon 2033665 Ontario Limited

Dear Cindy Pillsworth,

The application is to permit the severance of the subject lands, between the existing Car Wash and Kia Car Dealership. As a result of the consent application, an easement and several minor variances are required for approval. Specifically, the proposed applications are requesting the following:

1. Consent Application – Severance 2. Consent Application – Easement (Allowing shared pedestrian and vehicular access for retained lands onto severed lands and onto Albion Vaughan Road) 3. Minor Variance Application – Retained Lands (Car Wash) a. Landscaping Area – 15.5% is proposed, whereas 20% is required; b. Planting Strip Width (Front Lot Line) - 7.75m is proposed, whereas 9.0m is required; 4. Minor Variance Application – Severed Lands (Kia Dealership) a. Landscaping Area – 19.6% is proposed, whereas 20% is required; b. Planting Strip Width (Front Lot Line) 8.92m is proposed, whereas 9.0m is required; c. Parking Space Setback – 0.0m is proposed, whereas 1.5m is required;

The proposed severance, easements and minor variances have been requested to allow the continued operation of the existing buildings and uses only.

______483 Dundas Street West, Suite 212 Oakville, Ontario L6M 1L9

1.0 BACKGROUND

1.1 SUBJECT LANDS

The subject lands are located at 12130 Albion Vaughan Road and 12080 Albion Vaughan Road and consist of an irregularly shaped parcel divided into two parcels, identified as Lot 2 and Lot 3.

Please note, Lot 1 was severed, as identified above, and is currently under construction to build the approved Self-Storage Facility. Lot 2 contains the existing Car Wash and Lot 3 contains the Kia Car Dealership (See enclosed Concept Plan). The existing area of the subject lands is approximately 0.91. hectares (2.24 Acres) in size. The existing frontage is 121.2m and the existing depth is 74.06m. The car wash lands contain a one storey building with an approximate GFA of 450m2. The Kia Dealership contains a one storey building which includes 4 attached service bays and with an approximate GFA of 572.1m2 in area.

The subject lands including the Self-Storage and Toyota Dealership are party to several existing easements, as detailed above. The easements represent legal instruments which have been registered on title and allow for the following across all properties: • Shared servicing; • Shared vehicular access; • Shared pedestrian; and, • Shared parking.

1.2 CONSENT EASEMENT AND MINOR VARIANCE HISTORY

The subject lands are identified as Lots 2 and Lots 3 in Concession 7 in the former Geographic Township of Albion and Vaughan, in the Town of Caledon and the Regional Municipality of Peel (See enclosed plan). Lots 2 and 3, have been subject to numerous consent applications over the years to add other commercial and industrial uses as well as enhance business operations. CLS has identified these consent applications in the chart below to provide a historical background. All of the recorded consents below have been approved by the Town of Caledon. See following table for a summary of applicable consent and minor variance applications which includes their date and purposes.

Please note, Lot 1 is a separate property, under separate ownership, and is currently under construction for the purposes of a 4-storey self-storage facility. This facility was subject to a Zoning By-law Amendment (RZ-16-05) as well as a Site Plan Approval process (SPA 16-27). A Minor Variance Application (A 022-17) and two Consent Applications (B 008-17 & B 009-17) were filed and approved in 2018.

Figure 1: Consent Applications for 12130 Albion Vaughan Rd APPLICATION APPLICATION YEAR PURPOSE TYPE NO. Grant an easement for the adjacent property to the north Consent April 14th 2010 B 002-10 for access, parking and pedestrian movement except

where any buildings are located. Requested an easement for access, egress and internal June 16th 2010 Consent B012-10 servicing to be shared between the applicant’s lands and lands owned by 2033665 Ontario Limited.

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Request consent to a Conveyance, Part 1, Concession 2, March 7th 2012 Consent B 006-12 in the Town of Caledon, Region of Peel. To remove the required 6m planting strip along the interior April 17th, 2017 MV A 022-17 side yard, reduce the interior side yard setback to 6.5m and remove the parking space setback requirement. Sever 6,362m2 together with easements for vehicular and April 19th, 2017 Consent B 008-17 pedestrian access and servicing. Needed to satisfy the requested made through the MV 2017 Consent B 009-17 submission. September 19, 2018 Consent B 011-18 Easements for Servicing with Peel, Caledon & Vaughan.

A complete list of the corresponding easements has been provided in Appendix A. In summary, the following easements are in existence for the subject lands: • The right of vehicular and pedestrian ingress and egress for Subject Lands to and from Access Storage (Albion Vaughan Rd. • Pedestrian and motor vehicle ingress and egress for Subject Lands to and from Access Property Developments Lands (Hwy 50). • Vehicular and pedestrian access for Subject Lands to and from Toyota Dealership (Hwy 50) • Vehicular and pedestrian access for Subject Lands to and from Toyota Dealership (Albion Vaughan Road) • Permanent Easement with Committee of Adjustment to install and maintain the buried storm water pipe, storm water drainage, watermain and sanitary sewer, shared between Lots 1, 2 and 3 and the Toyota Dealership. • No buildings are to be erected on easement lands except as permitted in easement and right of way agreement. See enclosed Easement Plan for locations of applicable easements.

Through Application ‘A’ 022-17, the following variances were approved which are carried forward for the retained lands: 1. Permit a Planting Strip Width (minimum) along a line abutting the northerly limit of the CHB-185 zone of 0.0 metres; whereas the by-law requires 6 metres; 2. Permit a Parking Space setback (minimum) from any other lot line of 0.0 metres; whereas the by- law requires 1.5 metres; and, 3. Permit an Interior Side Setback from an interior side lot line abutting the northerly limit of the CHB- 185 zone of 6.5 metres; whereas the by-law requires 18.0 metres.

1.3 PRELIMINARY MEETING

CLS met with Town Staff on October 9th, 2019 to discuss the proposed Consent Application for the subject lands located at 12130 Albion Vaughan Road. CLS provided a background on the site and presented the proposed severance application and the process of initiating the anticipated variances. Town Staff advised CLS of several issues and the requirement of multiple applications for both Consent and Minor Variance Applications.

In accordance with the comments received, the proposed severance line has been revised and the list of identified variances has been expanded in the sections below.

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2.0 PROPOSED SEVERANCE AND MINOR VARIANCE APPLICATIONS

As per the above, consent and minor variance applications have been submitted to permit the severance of 12130 Albion Vaughan Road for the purposes of improvements to business operations but without any changes to the existing uses or buildings. The owner of the subject lands is initiating the severance of the property for business operation purposes whereby the lands for the Car Wash will remain under current ownership and the Kia Dealership lands will be sold to the owner and operator of the Kia Dealership. As the current businesses have separate municipal addresses, addressing will be straightforward whereby the car wash parcel can be addressed as 12030 Albion Vaughan Road and the Kia Dealership as 12080 Albion Vaughan Road.

Although the subject lands are party to numerous existing easements, as detailed above, the proposed severance will not impede the operation of these but rather the severed lands will be inserted as a new party. The adjacent properties, including the future self-storage facility, are aware of these applications and are not opposed to their approval.

As mentioned, the existing businesses are to continue operating for the foreseeable future. To resolve any hesitancy regarding future uses or potential sales of the subject lands, it is advised that the proposed severances would not preclude any future planning applications which would still be required should new development ever be proposed. Further, the variances proposed are site-specific and have been specifically designed to allow only the operation of the existing buildings and uses. Finally, existing provisions within each of the existing easements require that changes in ownership will require new owners enter into the terms of the easement as a new party.

2.1 Retained Lands (Car Wash)

The retained lands (Car Wash) are proposed to be approximately 0.35 in ha (0.87 acres) in area. The proposed frontage is 30.4m with a minimum depth of 56.7m. The severed lands are proposed with 24 parking spaces which includes one barrier-free parking space. A loading space is provided to the east of the building.

An existing easement has adopted through the severance for Lot 1 (Access Self Storage) to grant access from Highway 50, onto the subject lands. An easement is proposed to allow shared access from the severed lands (Kia Dealership) to the retained lands from Albion Vaughan Road.

The proposed setbacks are as follows: • Front: 29.35m • Side (east): 6.98m • Side (west): 6.64m • Rear: 15.94m

Waste storage is located to the north of the property and the designated snow storage area is located to the south of the property.

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The proposed retained lands are compliant with the zoning by-law to permit the existing use as well as majority of applicable provisions. The proposed retained lands require relief for the following:

12030 Albion Vaughan Rd – Retained Lands NO. POLICY # PROVISION REQUIRED PROPOSED DEFICIENCY 1 Sec 7.3 Landscaping Area min. 20% 20% 15.5% 4.5% 3 Sec 13.1 Planting Strip Widths (minimum) (b) 9m (b) 7.75m 1.25m

Front Lot Line (b) along any front lot line or exterior side lot line 9m

2.2 Severed Lands (Kia Dealership)

The retained lands (Bolton Kia Dealership) are proposed to be approximately 0.55 hectares (1.38 acres) in area. The proposed frontage is 90.77m. The retained lands are proposed with 63 parking spaces provided including 3 barrier-free parking spaces. A loading space is provided to the east side of the service bays that is easily accessible for larger vehicles.

The proposed setbacks are as follows: • Front: 23.6m • Side (east): 13.4m • Side (west): 25.9m • Rear: 25.4m

Both the waste storage and snow areas are located to the north of the site.

The proposed severed lands are compliant with the zoning by-law to permit the existing use as well as majority of applicable provisions. The proposed retained lands require relief for the following:

12080 Albion Vaughan Rd – Severed Lands NO. POLICY PROVISION REQUIRED PROPOSED DEFICIENCY 1 Sec 7.3 Landscaping Area min. 20% 20% 19.6% 0.4% 2 Sec 7.3 Parking Space setback from any other lot 1.5m 0.0 1.5m line 3 Sec 13.1 Planting Strip Widths (minimum) (b) 9m (b) 8.92m 0.08m (b) along any front lot line or exterior side lot line 9m

2.3 PROPOSED PARKING

The proposed severance line has been designed to ensure compliance with parking standards for both the severed lands (Kia Dealership) and retained lands (Car Wash).

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The proposed parking is as follows:

Required Number of Proposed Number GFA Parking Rate Spaces of Spaces Motor Vehicle uses Otherwise listed: 1 parking space per 20m2 or Retained Lands option thereof of net floor area 3,525m2 23 24 (Car Wash) exclusive of display and storage parking.

3 parking spaces per service bay 4 bays x 3 = 12 spaces 2 Severed Lands plus 1 parking space per 20m or portion thereof of net floor area for 370m2 (rest of building) 2 (Kia 5.585.1m the office and any retail use. = 18.5 63 Dealership) = 31

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3.0 PLANNING POLICY

The subject lands are located within the Region of Peel, in the Town of Caledon as well as the Region of York, in the City of Vaughan. The subject lands are designated as being within the “Bolton Rural Service Centre” within the Region of Peel Official Plan. The existing uses on the subject lands are considered employment related uses and are in compliance with the Regional Official Plan.

Within the Town of Caledon Official Plan, the subject lands are designated as “Highway 50 Commercial Area” on Schedule ‘C’ – Bolton Land Use Plan. The Official Plan states that highway commercial applies to commercial areas within Rural Service Centres such as Bolton, and provides a wide range of service opportunities (Section 5.4.5.1).

Within the Town of Caledon Zoning By-law 2006-60, the subject lands are zoned as CBH-185, “Bolton Highway Commercial”. The zoning exception permits the existing uses. According to the zoning by-law in Section 4 General Provisions, subsection 4.19.1 Lots Divided into More than One Zone, the measurement of the required yards and setbacks shall be from property lines and not zone lines and the zone standards of the zone in which the building or structure is located shall apply. Please see Appendix B for a summary of applicable zoning provisions.

Please note, CLS has confirmed through City of Vaughan Staff that the Consent Application is to be submitted to the Town of Caledon and that they will act as a commenting agency. Please see Appendix D for correspondence from the City of Vaughan

Figure 1: Town of Caledon Zoning Jurisdiction

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4.0 JUSTIFICATION

4.1 CONSENT APPLICATION

The proposed development is seeking the approval of an application to sever the subject lands and an application to allow an easement for access from the proposed retained lands to Albion Vaughan Road, over the proposed lands to be severed. In accordance with Official Plan Sec. 6.2.10, the following has been prepared to offer justification for the requested consent applications:

1. (Sec. 6.2.10.2) Applications are to have regard for the provisions of the Planning Act, the Region of Peel Official Plan, the Town of Caledon Official Plan, provisions of the Zoning By-law, Niagara Escarpment Plan and Oak Ridges Moraine Conservation Plan, where applicable?

The subject lands are not located within the Niagara Escarpment Plan nor the Oak Ridges Moraine Conservation Plan. The proposed consent application will not result in any changes to the existing buildings or uses which are permitted in accordance with Region of Peel and Town of Caledon Official Plan policies.

2. (Sec. 6.2.10.3) If Zoning By-law Amendment or minor variance is required, it shall be a condition of approval for the consent.

Noted.

3. (Sec. 6.2.10.4) That the Committee shall have regard for any comments provided by agencies, municipal departments and the public regarding the effect of the proposed consent and development upon their plans, programs and property.

The applicant agrees that the Committee shall have regard for any comments received.

4. (Sec. 6.2.10.5) That the Committee may impose conditions.

The applicant accepts that the Committee can impose conditions in accordance with the Planning Act.

5. (Sec. 6.2.10.6) That an application for consent on lands located in the ORMCPA be subject to additional requirements, to be considered.

Not applicable. The subject lands are not located in the ORMCPA.

6. (Sec. 6.2.10.7)) Shall meet the requirements of Sec. 6.2.1.6, including Sec. 6.2.1.6.8 which details that a completed application form, information prescribed by statute, all complete application required by the Town, documentation in accordance to signage requirements and fees must be submitted for a complete application.

The applicant agrees that the application is to be submitted as part of a complete application. All materials requested in accordance with Sec. 6.2.1.6.8 have been provided.

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7. (Sec. 6.2.10.8) That Pre-Consultation with the Town occur prior to the submission of an application for Consent.

A pre-consultation meeting was held with Town staff on October 9th, 2019.

The proposed severance of the Car Wash and existing Kia Dealership is minor as no changes to the structures of the existing buildings are proposed. Access on the severed lands will continue as existing, whereas access for the retained lands will occur through an existing easement arrangement to Highway 50 and the proposed easement to Albion Vaughan Road (as per the above). Existing easements are also in place for both the severed and retained lands which allows shared parking, servicing and pedestrian accessibility.

The proposed severance will not require new municipal addressing as both the Car Wash and Kia Dealership are already addressed. Both retained and severed lands maintain separate and existing locations for waste and snow storage. Both the proposed retained and severed parcels are in conformance to the Zoning By-law for the existing uses as well as the existing parking, loading and barrier free parking provided on site. The proposed severed and retained lots are only deficient in a few zoning by-law standards, which have been requested through concurrent Minor Variance applications and responded to in the following section.

Please note, if the severance were to be approved, any future development proposed for the retained lands would be required to proceed through future development approval applications as the variances and severance has been designed for the existing building and uses only. However, no such development is proposed or is envisioned for the retained lands in the foreseeable future.

The proposed easement will result in a legal instrument intended to allow pedestrian and vehicular use between the retained and severed lands as well as allow the retained lands to utilize the existing access onto Albion Vaughan Road. If approved, the easement will ensure future access through the lands to be severed, even in the event of a change in ownership.

4.2 MINOR VARIANCE APPLICATION

The following offers justification for the proposed variances, in accordance with the four tests of a minor variance, as per Sec. 45(1) of the Ontario Planning Act. The following variances have been requested:

VARIANCE’S #1 & #3: Landscaping Area & Landscaping Plant Strip Widths

1) The variances are minor in nature:

Landscaping Area (Retained Lands and Severed Lands):

The proposed variances are minor in nature as the variances will not affect the day to day operations of either business and no changes are proposed to the building or use of the buildings. The landscaping area for the proposed retained lands is proposed to be 595.1m2 which is approximately 15.5% of the proposed

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area. The landscaping area for the severed lands is proposed to be 1,079.4m2 which is approximately 19.4% of the proposed area. As the Zoning By-law requirement is 20%, the deficiency will be 4.5% (retained lands) and 0.6%. (severed lands). The requested relief is therefore minor as the deficiency is negligible and is existing.

Plant Strip Width – Front Lot Line (Retained and Severed Lands)

The front lot line landscape plant strip is proposed to be 7.75m for the retained lands and 8.92m for the severed lands, whereas the zoning by-law requires 9.0m be provided. As such, the retained lands is deficiency by 1.5m and the severed lands is deficiency by 0.08m. The reduction in landscape strip will be minor as both retained lands and severed lands have existing landscape strips which are to remain. Additionally, the existing planting strips widths are variable and at several locations provide for widths of 8m to 9m. For both variances these deficiencies are minor particularly as the site layout is existing and adequate landscaping is already provided along the frontages of Albion Vaughan and Highway 50.

Please note, relief was granted to address the planting strip width along the northerly limits of the CHB-185 zone of 0.0, through the approval of Minor Variance application A-022-17.

2) The variances are desirable for the appropriate development of the property:

These landscaping variances are desirable as the existing landscaping is not proposed to change and already provides for considerable buffering and green space for the existing commercial/ industrial uses. The proposed landscaping area reductions are appropriate as they based on existing conditions which have resulted through the multiple severances which have occurred over the years. Additionally, the existing landscape area will continue to provide sufficient screening for both the retained and severed lands. As no changes are proposed to the existing buildings, no additional lands are available to utilize for landscaping without compromising parking or other provisions of the zoning by-law.

As planting strips are existing along Albion Vaughan and Highway 50 frontages, the intent of screening traffic is maintained. In addition, the existing conditions of the subject lands include both the retained and severed lands set higher in elevation than north Highway 50 and Albion Vaughan Road, this grade difference allows for further screening from both roads.

3) The variance is in keeping with the general intent of the Zoning By-law 2006-50:

The proposed variances are in keeping with the general intent of the zoning by-law as they will not result in any changes to the existing buildings which are currently occupied by permitted uses. The variances are not requesting that 0% landscaping area and 0.0m landscaping strips be permitted, rather, the variances are only requesting minor reductions. The proposed variances are 15.5% (retained lands) and 19.6% (severed lands) which is a reduction of 4.5% and 0.04% respectively which will maintain the intent of the zoning by-law. Further, the proposed landscape strip variance are 7.75m (retained lands) and 8.92m (severed), which will be a reduction 1.25m and 0.08m respectively, which will maintain the intent of the zoning by-law.

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4) The variance is in keeping with the general intent and purpose of the Official Plan:

The proposed variances follow the general intent of the Official Plan as the existing uses are permitted in Section 5.4.5.2 Bolton Highway 50 Commercial designation. Additionally, existing landscaping area and landscaping strips are provided through the existing site which provide considerable assistance help improve air quality and recognize the importance of the environment, as detailed in the Official Plan.

VARIANCE # 2: Parking Space Setback

1) The variances are minor in nature:

The proposed variance is minor as the severance line was created to ensure the retained and severed lands maintain the applicable zoning by-law provisions for parking. As the proposed severance line travels through several parking areas the variance is necessary. Therefore, a 0.0m parking space setback is proposed to ensure the site is compliant with the parking that is proposed for the severed and retained lands and that each business will continue to function without any changes.

2) The variances are desirable for the appropriate development of the property:

The proposed variance is appropriate as the 0.0m parking setback respects the existing conditions of the site. This is appropriate as it ensures that the other requirements of the Zoning By-law are maintained including parking.

3) The variance is in keeping with the general intent of the Zoning By-law 2006-50:

The proposed variance is in keeping with the general intent of the Zoning by-law as no changes are proposed to the existing buildings of the severed and retained lands and the current uses are permitted. The proposed variance ensures that the retained and severed lands are able to provide Zoning By-law compliant parking, both in terms of number of spaces and location of parking area.

4) The variance is in keeping with the general intent and purpose of the Official Plan:

The variance is in keeping with the general intent and purpose of the Official Plan as no changes are proposed for the existing facility, which are currently occupied by permitted uses. Additionally, the proposed variance ensures that the retained and severed lands remain in compliance with the required barrier-free spaces which are necessary to ensure the subject lands remain accessible for all visitors, which is a requirement included in the Official Plan.

CONCLUSION

This justification brief indicates that the proposed severances and variances are appropriate and technically supportable through the four tests. Formerly approved development applications and easements have been granted to increase the functionality and accessibility of the site. Therefore, the following consent and minor variance applications are appropriate and should be considered for approval.

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Appendix A Subject Lands Easement Summary

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Instrument Registration Servient Lands Owner(s) of Servient Dominant Lands Owner(s) of Dominant Purpose No. Date (Easement Lands) Lands Lands

PR1892379* 2010/09/16 Part of PIN 14351-2139 (LT) - Part 2033665 Ontario Limited Pt Lot 29, Con 11 Vaughan & Pt Rd 1938590 Ontario Inc. Right of vehicular and pedestrian ingress LRO #43 Lot 1, Con 7 Albion, Caledon Allowance btwn Twps of Albion and egress to and from Albion Vaughan Parts 22 and 23, Plan 43R37913 and Vaughan, designated as Road designated as Parts 5, 7, 8, 10, 15, Parts 11, 12, 13, 14, 16, 65R-32548 16 & 19, 43R33446 PIN 03321-0204 (LT) No parking or other obstruction within *NOTE: PR1892379 is not abstracted the actual access route being Parts 7, 10, in the legal description or on the 16, 19, 43R33446 parcel register for PIN 03321-0204 (LT) because instrument was Note: This easement also provides an registered in Peel LRO and dominant ingress and egress route to Hwy. 50 lands are in York Region LRO

PR3312660 2018/04/20 Firstly: 2033665 Ontario Limited Pt Lt 1, Con 7 Albion, Caledon 2602453 Ontario Inc. Installation on or under the Servient LRO #43 Part of PIN 14351-2139 (LT) - Pt Parts 18, 19, 20, 21, 26, 43R37913 Lands storm sewers, sanitary sewers, Lot 1, Con 7 Albion, Caledon, PIN 14351-2140 (LT) water mains and all related facilities (the Part 22, Plan 43R37913 “Facilities”), and to maintain, repair, Pt Lot 1, Con 7 Albion, Caledon, replace, operate, etc., and to connect the Secondly: ** Part 31, 43R33446 Facilities to any existing pipes or water Part of PIN 03321-0228 (LT) PIN 14351-2135 (LT) mains on the Servient Lands - Pt Lots 29 & 30, Con 11 Vaughan & Pt Rd Allowance btwn Twps of Pt Rd Allowance btwn Twps of Albion and Vaughan, Part 6, Albion and Vaughan, now Plan 65R37423 Caledon, Part 1, 65R37423 PIN 03321-0208 (LT)

Pt Rd Allowance btwn Twps of Albion and Vaughan, now Caledon, Part 2, 65R37423 PIN 03321-0229 (LT)

2033665 Ontario Limited = Owner of Kia Dealership/Bolton Car Wash Lands 2602453 Ontario Inc. = Owner of Access Storage Lands 1938590 Ontario Inc. = Owner of Bolton Toyota Lands

{L1715222.1} Page 2 of 7

Instrument Registration Servient Lands Owner(s) of Servient Dominant Lands Owner(s) of Dominant Purpose No. Date (Easement Lands) Lands Lands

PR3312623 2018/04/20 PIN 14351-2140 (LT) - Pt Lot 1, 2602453 Ontario Inc. Firstly: 2033665 Ontario Limited Pedestrian and motor vehicle ingress and LRO #43 Con 7 Albion, Caledon, Parts 18, Pt Lot 1, Con 7 Albion, Caledon, egress to and from Hwy #50 across the 19, 20, 21 & 26, Plan 43R37913 Parts 22, 23, 24, 25, 27, 43R37913 Servient Lands to and from the Dominant PIN 14351-2139 (LT) Lands

Secondly: Pt Lots 29 & 30, Con 11 Vaughan & Pt Rd Allowance btwn Twps of Albion and Vaughan, Parts 3-8, 65R37423 - PIN 03321-0228 (LT)

YR1549670 2010/09/16 Part of PIN 03321-0204 (LT) 1938590 Ontario Inc. PIN 03321-0201 (LT) - Pt Lots 29 & 2602453 Ontario Inc. Vehicular and pedestrian ingress and LRO #65 - (Pt Lot 29, Con 11 Vaughan and) 30, Con 11 Vaughan & Pt Rd (LRO #65) - PIN 03321-0208 egress Pt Rd Allowance btwn Twps Albion Allowance btwn Twps of Albion (LT) as to Part 1, 65R32548 & Vaughan, Parts 11, 12 & 13, Plan and Vaughan, Parts 1, 2, 3, 5, 6, 7, (now Part 1, 65R37423) No parking or other obstruction within 65R32548 8, 9, 65R32548 and PIN 03321-0229 (LT) as the actual access route being Part 11, to part of Part 2, 65R32548 Plan 65R32548 now described as Part 2, PIN 14351-0059 Pt Lot 1, Con 7 65R37423 Albion, Pts 1, 3, 5-13, 15-22, 43R33446 2033665 Ontario Limited (LRO #65) PIN 03321-0228 as to part of Part 2 and Parts 3, 5, 6, 7, 8, 9, 65R32548 now described as Parts 3-8, 65R37423

2602453 Ontario Inc. (LRO #43) PIN 14351-2135 (LT) as to Part 1, 43R33446, now described as Part 31, 43R37913, and PIN 14351-

2033665 Ontario Limited = Owner of Kia Dealership/Bolton Car Wash Lands 2602453 Ontario Inc. = Owner of Access Storage Lands 1938590 Ontario Inc. = Owner of Bolton Toyota Lands

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Instrument Registration Servient Lands Owner(s) of Servient Dominant Lands Owner(s) of Dominant Purpose No. Date (Easement Lands) Lands Lands

2140 (LT) as to part of Parts 5, 7, 8, Parts 9, 10, 12 now described as Parts 18, 19, 20, 21, 26 & 31, 43R37913

2033665 Ontario Limited (LRO #43) PIN 14351-2139 as to part of Parts 5, 7, 8, and Parts 6, 15-18, 43R33446 now described as Parts 22-25 & 27, 43R37913

YR1549677 2010/09/16 PIN 03321-0201 (LT) - Pt Lots 29 & 2033665 Ontario Limited PIN 03321-0204 (LT) - Pt Lot 29, 1938590 Ontario Inc. Vehicular and pedestrian ingress and LRO #65 30, Con 11 Vaughan and Pt Rd as to PIN 03321-0228 (LT) Con 11 Vaughan and) Pt Rd egress to and from Albion Vaughan Road Allowance btwn Twps Albion & (pt Pt 2, Pts 5, 7, 8, 9, Allowance btwn Twps Albion & Vaughan, Parts 2, 5, 7, 8 & 9, Plan 65R32548) Vaughan, Parts 11, 12, 13, 14 & No parking or other obstruction within 65R32548 16, 65R32548 the actual access route being Part 7, Plan NOW Part of PIN 03321-0228 (LT) 2602453 Ontario Inc. 65R32548 (pt Pt 2, Pts 5, 7, 8, 9) and PIN as to PIN 03321-0229 (LT) 03321-0229 (LT) (pt Pt 2) (pt Pt 2, 65R32548)

2033665 Ontario Limited = Owner of Kia Dealership/Bolton Car Wash Lands 2602453 Ontario Inc. = Owner of Access Storage Lands 1938590 Ontario Inc. = Owner of Bolton Toyota Lands

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Instrument Registration Servient Lands Owner(s) of Servient Dominant Lands Owner(s) of Dominant Purpose No. Date (Easement Lands) Lands Lands

YR1549667 2010/06/16 PIN 03321-0202 (LT) Now Part of 1938590 Ontario Inc. PIN 03321-0201 (LT) - Pt Lots 29 & 2602453 Ontario Inc. To install, maintain, etc., buried storm LRO #65 PIN 03321-0204 (LT) - Pt Lot 29, 30, Con 11 Vaughan & Pt Rd (LRO #65) PIN 03321-0208 water pipe, storm water drainage, Con 11 Vaughan and Pt Rd Allowance btwn Twps of Albion (LT) as to Part 1, 65R32548 watermain, sanitary sewer Allowance btwn Twps Albion & and Vaughan, Parts 1, 2, 3, 5, 6, 7, now described as Part 1, Vaughan, Parts 11 & 12, Plan 8, 9, 65R32548 65R37423 and PIN 03321- 65R32548 0229 (LT) as to part of Part PIN 14351-0059 (LT) - Pt Lot 1, 2, 65R32548 now described as Part 2, 65R37423 Con 7 Albion, Pts 1, 3, 5-13, 15-22,

(Note: This is the old watermain Plan 43R33446 2033665 Ontario Limited easement which should be (LRO #65) PIN 03321-0228 released as it has been replaced (LT) as to part of Part 2 and with a new watermain easement) Parts 3, 5, 6, 7, 8, 9, 65R32548 now described as Parts 3-8, 65R37423

2602453 Ontario Inc. (LRO #43) PIN 14351-2135 (LT) Part 1, 43R33446, now described as Part 31, 43R37913, and PIN 14351- 2140 (LT) as to part of Parts 5, 7, 8, Parts 9, 10, 12 now described as Parts 18, 19, 20, 21, 26 & 31, 43R37913

2033665 Ontario Limited (LRO #43) PIN 14351-2139 (LT) as to part of Parts 5, 7, 8, and Parts 6, 15-18, 43R33446 now described as Parts 22-25 & 27, 43R37913

2033665 Ontario Limited = Owner of Kia Dealership/Bolton Car Wash Lands 2602453 Ontario Inc. = Owner of Access Storage Lands 1938590 Ontario Inc. = Owner of Bolton Toyota Lands

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Instrument Registration Servient Lands Owner(s) of Servient Dominant Lands Owner(s) of Dominant Purpose No. Date (Easement Lands) Lands Lands

YR2818426 2018/04/20 PIN 03321-0207 (LT) now PIN 2602453 Ontario Inc. Firstly: 2033665 Ontario Limited Pedestrian and motor vehicle ingress and LRO #65 03321-0229 (LT) - Pt Rd Allowance PIN 03321-0228 (LT) - Pt Lots 29 & egress to and from Hwy 50 [and Albion btwn Twps Albion & Vaughan, 30, Con 11 Vaughan & Pt Rd Vaughan Road] Part 2, Plan 65R37423 Allowance btwn Twps of Albion and Vaughan, Parts 3-8, 65R37423 No buildings to be erected on easement PIN 03321-0208 (LT) - Pt Rd (thumbnail description for PIN 03321- lands except as permitted in easement Allowance btwn Twps Albion & 0228 does not reference Part 1, and right of way agreement dated April Vaughan, Part 1, Plan 65R37423 65R37423 easement) 20, 2018

Secondly: PIN 14351-2139 (LT) - Pt Lot 1, Con 7 Albion, Caledon, Parts 22, 23, 24, 25, 27, 43R37913

**YR2818432 2018/04/20 PIN 03321-0207 (LT) now Part of 2033665 Ontario Limited PIN 14351-2140 (LT) - Pt Lot 1, 2602453 Ontario Inc. Installation on or under the Servient PIN 03321-0228 (LT) - Firstly: Pt Con 7 Albion, Caledon, Parts 18-21 Lands storm sewers, sanitary sewers, Rd Allowance btwn Twps of Albion & 26, 43R37913 water mains and all related facilities (the and Vaughan, Part 6, Plan “Facilities”), and to maintain, repair, 65R37423 PIN 14351-2135 (LT) - Pt Lot 1, replace, operate, etc., and to connect the Con 7 Albion, Caledon, Part 31, Facilities to any existing pipes or water Secondly: PIN 14351-1872 (LT) 43R37913 mains on the Servient Lands now Part of PIN 03321-2139 (LT) - Pt Lot 1, Con 7 Albion, Caledon, PIN 03321-0208 (LT) - Pt Rd Part 22, Plan 43R37913 Allowance btwn Twps of Albion and Vaughan, Part 1, 65R37423

PIN 03321-0229 (LT) - Pt Rd Allowance btwn Twps of Albion and Vaughan, Part 2, 65R37423

2033665 Ontario Limited = Owner of Kia Dealership/Bolton Car Wash Lands 2602453 Ontario Inc. = Owner of Access Storage Lands 1938590 Ontario Inc. = Owner of Bolton Toyota Lands

{L1715222.1} Page 6 of 7

Instrument Registration Servient Lands Owner(s) of Servient Dominant Lands Owner(s) of Dominant Purpose No. Date (Easement Lands) Lands Lands

YR2858656 2018/08/07 PIN 03321-0204 (LT) - Pt Lot 29, 1938590 Ontario Inc. Firstly: PIN 14351-2135 (LT) - Pt 2602453 Ontario Inc. Temporary Easement - 21 years less a day Con 11 Vaughan and Pt Rd Lot 1, Con 7 Albion, Caledon, as to Firstly, Secondly, - to install, maintain, re-construct, etc., Allowance btwn Twps Albion & Part 31, 43R37913 Thirdly and Fourthly buried storm water pipe, storm water Vaughan, Parts 1, 2 & 3, Plan Dominant Lands drainage, waterman, sanitary sewer 65R37763 Secondly: PIN 14351-2140 (LT) - Pt main, etc. Lot 1, Con 7 Albion, Caledon, 2033665 Ontario Limited Parts 18-21 & 26, 43R37913 as to Fifthly and Sixthly (Note: This easement should be released as a Dominant Lands permanent easement with Committee of Thirdly: PIN 03321-0208 (LT) - Pt Adjustment Consent has now been registered) Rd Allowance btwn Twps of Albion and Vaughan, Part 1, 65R37423

Fourthly: PIN 03321-0229 (LT) - Pt Rd Allowance btwn Twps of Albion and Vaughan, Part 2, 65R37423

Fifthly: PIN 14351-2139 (LT) - Pt Lot 1, Con 7 Albion, Caledon, Parts 22, 23, 24, 25 & 27, 43R37913

Sixthly: PIN 03321-0228 (LT) - Pt Lots 29 & 30, Con 11 Vaughan & Pt Rd Allowance btwn Twps of Albion and Vaughan, Parts 3-8, 65R37423

2033665 Ontario Limited = Owner of Kia Dealership/Bolton Car Wash Lands 2602453 Ontario Inc. = Owner of Access Storage Lands 1938590 Ontario Inc. = Owner of Bolton Toyota Lands

{L1715222.1} Page 7 of 7

Instrument Registration Servient Lands Owner(s) of Servient Dominant Lands Owner(s) of Dominant Purpose No. Date (Easement Lands) Lands Lands

YR2912430 2018/12/19 PIN 03321-0204 (LT) - Pt Lot 29, 1938590 Ontario Inc. Firstly: PIN 14351-2139 (LT) - Pt 2602453 Ontario Inc. Permanent Easement with Committee of Con 11 Vaughan and Pt Rd Lot 1, Con 7 Albion, Caledon, Parts as to Secondly, Thirdly, Adjustment Consent - to install, maintain, Allowance btwn Twps Albion & 22, 23, 24, 25 & 27, 43R37913 Fourthly and Sixthly re-construct, etc., buried storm water Vaughan, Parts 1, 2 & 3, Dominant Lands pipe, storm water drainage, waterman, Plan 65R37763 Secondly: PIN 14351-2140 (LT) - Pt sanitary sewer main, etc. Lot 1, Con 7 Albion, Caledon, 2033665 Ontario Limited Parts 18-21 & 26, 43R37913 as to Firstly and Fifthly Dominant Lands Thirdly: PIN 14351-2135 (LT) - Pt Lot 1, Con 7 Albion, Caledon, Part 31, 43R37913

Fourthly: PIN 03321-0208 (LT) - Pt Rd Allowance btwn Twps of Albion and Vaughan, Part 1, 65R37423

Fifthly: PIN 03321-0228 (LT) - Pt Lots 29 & 30, Con 11 Vaughan & Pt Rd Allowance btwn Twps of Albion and Vaughan, Parts 3-8, 65R37423

Sixthly: PIN 03321-0229 (LT) - Pt Rd Allowance btwn Twps of Albion and Vaughan, Part 2, 65R37423

2033665 Ontario Limited = Owner of Kia Dealership/Bolton Car Wash Lands 2602453 Ontario Inc. = Owner of Access Storage Lands 1938590 Ontario Inc. = Owner of Bolton Toyota Lands

{L1715222.1}

Appendix B Town of Caledon Zoning By-law Review

Page 13 of 17

CHB-185 BOLTON HIGHWAY COMMERCIAL (By-law 2006-50)

12080 Albion 12130 Albion Vaughan Road Development Standards Vaughan Road Compliant? (Kia) (Car Wash)

Motor Vehicle Service Centre 2,000m2 ü Lot Area (min.) 3564.7.0m2 5546.0.1m2 Other uses on fully serviced lot 460m2 Lot Frontages Other uses on fully serviced lot 9m ü 27.8m 93.6m (min.) Building Area 30% 12.7% 10.2% ü (max.) Landscaping Area 20% 16.69% 19.4% N (min.) From any street Line 7.92m 6.0m ü Parking Space 6m Setback (min.) From any other Lot Line 0.0m 0.0m 1.5m N Exception 185 Permitted Uses Motor Vehicle Washing Establishment ü ü ü Motor Vehicle Sales Establishment For the purpose of the CHB-185 Zone, any lot line Front Lot Line abutting Regional Road 50 shall be deemed to be a ü ü ü front lot line. (a) from any portion of a front lot line located within 30m of the northerly limit of the CHB-185 zone 18.0m. (b) from a motor vehicle service Centre, motor Front Yard (min.) 29.35m 23.6m ü vehicle washing establishment, or accessory gasoline pump island 18.0m. (c) any other permitted use is 9.0m.

(a) from a motor vehicle washing establishment, or Exterior Yard accessory gasoline pump island 18.0m. N/A N/A N/A (min.) (b) for any other permitted use 9.0m.

Rear Yard (min.) Nil N/A (a) from an interior side lot line abutting the 6.64m 33.22 N northerly limit of the CHB-185 zone 18.0m. Interior Side Yard (b) from any other interior side lot line 3.0m. (min.) 6.98m 13.45 ü A planting strip shall be required along the front lot Planting Strip line, exterior side lot line and along the northerly ü ü ü Location limit of the CHB-185 zone.

(a) along a line abutting the northerly limit of the Planting Strip CHB-185 zone 6.0m. b) 6.12m b) 5.94m N Widths (min.) (b) along any front lot line or exterior side lot line 9.0m. Driveway Setback Nil N/A

Page 14 of 17

Appendix C Municipal Parking Review

Page 15 of 17

PARKING PARKING PARKING ZONING BY-LAW 2006-50 NET AREA SPACES SPACES Compliant? CALCULATIONS REQUIRED PROVIDED Motor Vehicle uses Otherwise listed: 1 parking space per 20m2 or 450.7m2 option thereof of net floor area Car Wash 23 24 ü exclusive of display and storage

parking.

Motor Vehicle uses Otherwise listed: 1 parking space per 20m2 or option thereof of net floor area 572.1m2 exclusive of display and storage parking. 29

Or Bolton Kia 63 ü Dealership Motor Vehicle Body Shop 4 bays x 3 = 12 or Motor Vehicle Repair Facility spaces Motor Vehicle Service Centre: = 370m2 3 parking spaces per service bay (rest of building) 31 plus 1 parking space per 20m2 or portion thereof of net floor area for the office and any retail use.

1 ü 1 450.7m2 Car Wash

300m2 or less = Nil Loading (Table

5.3)

(3.5m x 14m)

572.1m2 Kia Dealership 1 1 ü 301m2 to 2,325m2 = 1 loading

space Barrier-free parking spaces shall be provided in accordance with the provisions of the barrier-free access requirements in Town of Car Wash = 1 1 Barrier-Free Caledon By-law 2006-138, as may ü Parking be amended from time to time.

(Section 5.26)

No. Parking Spaces 13 to 100 = Kia = 3 3 4% Type A ü

Type A = 3.4m x 6.0m plus 3.0m vertical clearance

Page 16 of 17

Appendix D City of Vaughan Correspondence

Page 17 of 17

Candice Hood

From: Posikira, Stephan Sent: February 7, 2020 12:49 PM To: 'Candice Hood' Subject: RE: 12130 Albion Vaughan Road - Zoning & Consent Question

Hi Candice,

The portion of the subject lands within the City of Vaughan is designated as Agricultural in Vaughan Official Plan (VOP) 2010, Volume 1.

As the majority of the severed lands are within Town of Caledon limits, the City of Vaughan would like to be circulated and given the opportunity to comment on the Town of Caledon’s consent application. No need for a separate application through the City of Vaughan.

Best,

Stephan Posikira Planning Technician

905-832-8565, ext. 8483 [email protected]

City of Vaughan l Development Planning Department 2141 Major Mackenzie Dr., Vaughan, ON L6A 1T1 vaughan.ca

From: Candice Hood Sent: Thursday, February 6, 2020 4:20 PM To: Posikira, Stephan Cc: 'Nick Wood' Subject: RE: 12130 Albion Vaughan Road ‐ Zoning & Consent Question

Hi Stephan,

In addition could you please confirm the Official Plan designation for this site?

Thank you,

Candice Hood Senior Planning Technician 289‐725‐0121

1 From: Posikira, Stephan Sent: February 3, 2020 3:20 PM To: 'Candice Hood' Subject: RE: 12130 Albion Vaughan Road ‐ Zoning & Consent Question

Thank you.

I will look into this for you.

Best,

Stephan Posikira Planning Technician

905-832-8565, ext. 8483 [email protected]

City of Vaughan l Development Planning Department 2141 Major Mackenzie Dr., Vaughan, ON L6A 1T1 vaughan.ca

From: Candice Hood Sent: Monday, February 3, 2020 2:46 PM To: Posikira, Stephan Cc: 'Nick Wood' Subject: RE: 12130 Albion Vaughan Road ‐ Zoning & Consent Question

Hi Stephan,

As per our discussion Friday afternoon, please see attached Concept Plan illustrating the proposed severance line.

We would like to understand the submission process for this Consent application regarding the property split between the City and the Town as well as dual zoned.

Thank you,

Candice Hood Senior Planning Technician 289‐725‐0121

From: Candice Hood Sent: January 29, 2020 3:38 PM To: [email protected] Subject: FW: 12130 Albion Vaughan Road ‐ Zoning & Consent Question

Hi Stephan,

Christian from Zoning received this e‐mail and referred me to your department.

As per the e‐mail below, this site is large and contains a long history with the Town of Caledon. The area for the self‐ storage facility was almost completely within the Town of Caledon. The Carwash and Kia dealership are split below the two municipalities.

We have conducted a preliminary meeting with the Town of Caledon discussing the proposal to sever the car wash and kia dealership. We would like clarification on how to proceed with the City of Vaughan’s portion on this site. For example, would we deal with one municipality over another or do we have to apply for consent applications to both municipalities? In that case, the parking rates would be calculated different per municipality?

Please advise.

Thank you,

Candice Hood Senior Planning Technician 289‐725‐0121

From: Candice Hood Sent: January 28, 2020 4:19 PM To: [email protected] Subject: 12130 Albion Vaughan Road ‐ Zoning & Consent Question

Good afternoon,

For the subject lands located at 12130 Albion Vaughan Rd our Client would like to sever the property. The area on the property that is proposed to sever is between the carwash and Kia dealership.

As per the zoning by‐law and boundary line, a large portion of the property is located in Vaughan. We have recently obtained approvals on this site from the Town of Caledon for the northern portion of the property to construct a self‐ storage facility.

My question is how do we proceed? Do we need to only apply to one municipality? Or both?

Please advise.

Thank you,

Candice Hood, BA, CPT Senior Planning Technician

483 Dundas St W., Unit 212 Oakville ON L6M 1L9 (289)‐725‐0121 [email protected] www.corbettlandstrategies.ca

This e‐mail, including any attachment(s), may be confidential and is intended solely for the attention and information of the named addressee(s). If you are not the intended recipient or have received this message in error, please notify me immediately by return e‐mail and permanently delete the original transmission from your computer, including any attachment(s). Any unauthorized distribution, disclosure or copying of this message and attachment(s) by anyone other than the recipient is strictly prohibited.

4 EXISTING 10cm WHITE LINE

229.10 ALBION-VAUGHAN ROAD

N23d06'20"W 58.90

60.0m EXISTING 10cm WHITE LINE

3.75m 62.53 0.6m

20.77m 3.5m

R0.6m LIMITING DISTANCE (typ) Existing Entrance to Remain DO NOT ENTER SIGN 5m Rb-19 one-way 4.58m R9.00 66.6 ACCESS Approx. Municipal Boundary Line 6.00m STOP SIGN Ra-1 7.24 strip planting DRIVE 12.0m 7.87

7.90 229.41 exterior side yard R6.02m 55.2 6 LIMITING229.50 20.11m DISTANCE 5.94 2 229.39 9.0 R7.50 Waste Storage 13 20.77m 229.47 9.00 Existing Entrance to 9.44

229.60 Remain 6.12 3.50 A LEVEL 18.65

A001 25.44 LOADING LOT 1 PROPOSED 9.00

3.50 EXISTING R3.50

16.46 229.47 229.26 15.94 ASPHALT CHB-594 ZONE 15.89 CHB-185 ZONE DRIVE, Waste RECESSED LOT 2 STAGING 45m FROM TYP. 14.0 LOT 3 R3.00 14 Storage LOADING 3.50 228.38 FIRE ROUTE 3.5 229.50 ELEV 7.5m #1 Loading Space ELEV 3.5 13.45 interior ELEV STAIR #2 side yard #2 12130 Albion Vaughan ASPHALT DRIVE, Waste 12131 Albion Vaughan 6.98 TYP. EXISTING CAR WASH Storage 10.84 450.7m2 4- STOREY SELF 6.64 STORAGE BUILDING Loading Space 41.43 2.56 12050 Albion Vaughan one-way GFA: 10,930 sq.m. (117,650 s.f.)

70.8 ASPHALT

DRIVE, 7 EXISTING Existing Toyota 59.7 FFE = 100.00 TYP. 83.0 229.50 F.F.E = 229.60 DATUM = 229.60 CAR DEALERSHIP Dealership 69.59m SEC. 572.1m2 UNIV. MECH ELEC 25.94 W/R OFFICE

2.8 STAIR 12080 Albion Vaughan #3 JAN. 18 AMENITY AREA 1.51 10.50 29.35 6 229.40 24 33.22 8 13

43.11 EXISTING CHB-185 ZONE 1.5 24.4 24.34 18.00m

front yard 1 5 1 1 7 7

23.6 1.50 Snow Storage

PIN 14351-4140 (LT) Snow Storage 14.0 8.78m

MONUMENT FLOOD-LINE 9.18

7.75

8.92 planting strip SIGN 60.41m 10.20m 30.4

2.96m 90.77 9.0m 2.97m N44d48'45"W 9.03 10.25 PROPERTY LINE PART 25, PLAN 20899 (MTO PLAN P-2093-39) Existing Entrance to FIRE PAD MOUNTED EXTENT OF T.R.C.A. TOWN OF CALEDON TRANSFORMER SEE Remain HYDRANT EXTENT OF T.R.C.A. FLOOD-LINE PLANNING ELEC. DRAWING FOR HWY. 50 WIDENING BY PLAN 663 (MTO PLAN P-2093-1) FLOOD-LINE RECEIVED LOCATION

FLOOD-LINE June 26, 2020 FLOOD-LINE FLOOD-LINE

Scale 4:1 LEGEND Retained Lands Existing Easement PR331263 CONCEPT PLAN Severed Lands Proposed Access Easement Consent & Minor Variance Municipal Boundary 483 Dundas St W, Unit 212 12130 Albion Vaughan Rd, Caledon Oakville, ON L6M 1L9 corbettlandstrategies.ca June 2020 COMMITTEE OF ADJUSTMENT Application for Consent September 16, 2020

B 014-20 and B 015-20, 1938590 Ontario Inc. (2033665 Ontario Limited), Agent: Corbett Land Strategies Inc., 12080 and 12180 Albion Vaughan Road in Bolton, Ward 5

RECOMMENDATION

Staff is of the opinion that the proposal conforms to Section 51(24) of the Planning Act, as amended, R.S.O. 1990. Planning staff recommend approval of consent application Files No: B 014-20 and B -15-20, subject to the following and attached conditions as contained in the agenda package:

1. That the Secretary Treasurer receive confirmation from Engineering staff that satisfactory arrangements have been made regarding the width of the proposed easement for ingress and egress to the lands, if required; 2. That the Secretary Treasurer receive confirmation from Engineering staff that acceptable arrangements have been made regarding a blanket easement or defined drainage easements for stormwater servicing connections over the severed lands (12080 Albion Vaughan Rd - Kia Car Dealership) in favour of the retained lands (12130 Albion Vaughan Rd - Car Wash, if required.

PROPOSAL

The subject lands are located on the west side of the Albion Vaughan Road, in the southeast corner of the municipality, adjacent to Highway 50, and contain a Kia automotive dealership (12080 Albion Vaughan Road) and a car wash facility (12130 Albion Vaughan Road). To the north are lands currently under construction for a four storey self-storage facility, recently approved under separate Zoning By-law Amendment and site plan applications. Several applications for consent to permit various easements for access and servicing between the subject lands and adjoining parcels have historically been approved, as outlined in the applicant’s submission documents.

The applicant is proposing to sever the two businesses into separate parcels, in order that each of the operations involved can function and operate on individual lots. No physical site, building or access changes are proposed for the subject lands, resulting from the applications. Specifics of each application are as follows:

B 014-20 - Purpose and effect of the application is to sever a parcel of approximately 5,546m2 with a lot frontage of approximately 90.77m on Albion Vaughan Road, that currently contains a Kia automotive dealership (12080 Albion Vaughan Road), which would leave a retained parcel of 3,567.4m2 with a lot frontage of approximately 30.4m on Albion Vaughan Road (12130 Albion Vaughan Road), that currently contains a car wash facility.

B 015-20 - The purpose and effect of the application is to permit an easement for a shared pedestrian and vehicular access for the retained lands (being the existing car wash at 12130 Albion Vaughan Road) onto the severed lands (being the existing Kia automotive dealership at 12080 Albion Vaughan Road).

Applications associated with the subject consent files are Minor Variance applications A 024-20 (12130 Albion Vaughan Road) and A 025-20 (12080 Albion Vaughan Road). These matters are addressed under a separate report on the September 16, 2020 agenda.

ANALYSIS

Town of Caledon Official Plan

The subject property contains a split designation, which diagonally cuts across the subject lands. The majority of the lands including the entire frontage is designated Bolton Highway 50 Commercial Area on Schedule C in the Town’s Official Plan. This designation provides for a wide range of commercial activities for the travelling public, for which this area is to function as the principal centre for automotive-related uses and commercially- related recreational uses in the Bolton trade area. The remainder of the lands are designated as Rural Uses.

No changes are contemplated at this time to either the proposed severed or retained parcels from a development perspective. Staff are of the opinion that the applications for a severance and easements on this basis is consistent with the policies and provisions of the Official Plan designations in place. Zoning By-law 2006-50, as amended

The subject property is zoned Bolton Highway Commercial Exception 185 (CHB-185). This zoning permits a range of commercial uses, including a Motor Vehicle Sales Establishment and a Motor Vehicle Washing Establishment.

The proposed lot configuration and associated easements respect current standards regarding minimum lot area and lot frontage requirements of the By-law, along with most other associated development standards for existing development on the lands. Notwithstanding, there are several zoning deficiencies of the proposed retained and severed lands for which separate minor variance applications have been applied for (see separate report for applications A 024-20 and A 025-20 for consideration by the Committee on the same September 16, 2020 agenda).

As noted above, no change of use is proposed as a result of the subject severance and easement applications. Planning staff have no objection to the applications from a zoning perspective. Both applications conform to Section 51(24) of the Planning Act, as amended.

Staff have confirmed that all lands are within the municipal boundaries of Caledon (as opposed to Vaughan) and are subject to Caledon zoning.

Engineering Requirements:

Engineering comments note two requested changes to the easement application (B 015- 20):

1. That the proposed access easement is to be widened for both ingress and egress to the site; 2. A blanket easement or defined drainage easements will be required for stormwater servicing connections over the severed lands (12080 Albion Vaughan Rd - Kia Car Dealership) in favour of the retained lands (12130 Albion Vaughan Rd - Car Wash).

The first matter can be revised through the submission of relevant reference documents, to confirm the size, to the satisfaction of Engineering staff. A condition has been included to this effect. In regard to the second item, the complexity of the various easements in place suggest that this matter may already be covered. Staff are recommending a condition that the issue be clarified, to the satisfaction of engineering staff. If the easement does not cover the drainage situation in questions, a subsequent application may be required. Respectfully submitted by

______Rob Hughes Manager of Planning Services COMMITTEE OF ADJUSTMENT

DRAFT CONDITION(S)

File Number: B 014-20

1. That the Secretary-Treasurer’s Certificate fees shall be paid, in the amount current at the time of the issuance of the Secretary-Treasurer’s Certificate. 2. That the Secretary-Treasurer receive draft reference plan(s) for approval by the Development and Legal Section;

3. That the Secretary-Treasurer and Legal receive the required number of prints of the resultant deposited reference plan(s);

4. That the Secretary-Treasurer receive a letter from the Zoning Administrator confirming that both the severed and retained parcels satisfy all applicable zoning by-law standards. The owner/agent must submit a development plan (drawn to scale in metric) certified by an Ontario Land Surveyor showing sufficient detail for staff to assess compliance with all the applicable standards.

5. That the Secretary-Treasurer receive a cheque made payable to the Town of Caledon for cash-in-lieu of parkland in accordance with Section 53(13) of the Planning Act and Town By-Law 2013-104. The amount of cash-in-lieu of parkland dedication owed to the Town will be determined though the submission of an AACI long form appraisal per lot provided by the applicant to the Town. If the appraisal is required to be peer reviewed it shall be at the applicants cost.

6. That the Secretary-Treasurer receive confirmation from Legal Services indicating that the Applicant has provided the following items:

a. Draft Transfer prepared to the satisfaction of Legal Services for the subject consent application; and,

b. Signed Solicitor’s Undertaking to provide the registered documents listed in (a) immediately after registration of the same.

7. That the Secretary Treasurer receive confirmation from Engineering staff that satisfactory arrangements have been made regarding the width of the proposed easement for ingress and egress to the lands, if required;

8. That the Secretary Treasurer receive confirmation from Engineering staff that acceptable arrangements have been made regarding a blanket easement or defined drainage easements for stormwater servicing connections over the severed lands (12080 Albion Vaughan Rd - Kia Car Dealership) in favour of the retained lands (12130 Albion Vaughan Rd - Car Wash, if required.

9. That the Secretary-Treasurer receive confirmation from the Region of Peel that arrangements satisfactory to the Regin of Peel, Public Works shall be made with respect to the location of existing and installation of new services and/or possible required private service easements.

10. That the Secretary-Treasurer receive confirmation from Town's Corporate Services department that there are no outstanding financial obligations. Committee of Adjustment Internal Comments

Date of Hearing: September 16, 2020 File Number: B 014-20

Department Staff Comments Condition(s) If applicable Community Services Planning and Development Zoning Administrator The subject property is If the Committee of zoned Bolton Highway Adjustment approves Commercial Exception the application that the 185 (CHB-185) by following conditions be Zoning By-law 2006-50, included: as amended. If the Committee approves 1. That the Secretary- the Consent Application Treasurer receive a the following condition letter from the Zoning be included: Administrator That the Secretary- confirming that both the Treasurer receive a severed letter from the Zoning and retained parcels Administrator satisfy all applicable confirming that both the zoning by-law severed and retained standards. The parcels satisfy all owner/agent must applicable zoning by- submit a law standards. The development plan owner/agent must (drawn to scale in submit a development metric) certified by an plan (drawn to scale in Ontario Land Surveyor metric) certified by an showing sufficient detail Ontario Land Surveyor for staff to assess showing sufficient detail compliance with all the for staff to assess applicable standards. compliance with all the applicable standards. Landscape Architect Cash in lieu of parkland That the Secretary- shall be required in Treasurer receive a accordance with the cheque made payable to the Town of Caledon Town of Caledon By- for cash-in-lieu of law #2013-104. To parkland in accordance determine the amount with Section 53(13) of the Planning Act and of cash in lieu of Town By-Law 2013- parkland payable, the 104. The amount of applicant shall submit to cash-in-lieu of parkland the Town of Caledon an dedication owed to the AACI Long Form Town will be determined though the appraisal, prepared by submission of an AACI an AACI accredited long form appraisal per appraiser. Should the lot provided by the appraisal be required to applicant to the Town. be peer reviewed, it If the appraisal is required to be peer shall be at the reviewed it shall be at applicants cost. the applicants cost. Technologist Development 1. The proposed 1. That the Engineer access easement is to Secretary Treasurer be widened for both receive confirmation from Engineering staff ingress and egress to that satisfactory the site. It appears that arrangements have the access is within the been made regarding City of Vaughan, thus the width of the review and approval is proposed easement for ingress and egress to required by the City of the lands, if required; Vaughan. 2. That the 2. A reference Secretary Treasurer plan for the access receive confirmation easement is to be from Engineering staff that acceptable prepared and provided arrangements have to the Town for review been made regarding a and approval. blanket easement or 3. A blanket easement defined drainage or defined drainage easements for stormwater servicing easements will be connections over the required over the severed lands (12080 severed lands (12080 Albion Vaughan Rd - Albion Vaughan Rd - Kia Car Dealership) in Kia Car Dealership) in favour of the retained lands (12130 Albion favour of the retained Vaughan Rd - Car lands (12130 Albion Wash, if required. Vaughan Rd - Car Wash). 4.Please provide a grading and site servicing plan with the proposed drainage easements identified. 5. Confirmation that the drainage easements have been registered is required prior to approval Heritage Resource Officer No concerns Policy & Sustainability No comments received Municipal Numbers Development No comments received Coordinator/Senior Planner Fire & Emergency Services Chief Fire Prevention No comments received Officer

Building & Support Services Plans Examiner No concerns

Finance & Infrastructure Services Transportation Traffic Technologist Highway 50 is under the jurisdiction of the Region and leave traffic related comments to the Region.

Finance Senior Financial Analyst

Corporate Services Regulatory Services/By-law By-law and Licensing No concerns Supervisor

External Agency Comments

Agency Comments Region of Peel See attached Condition: That the Secretary-Treasurer receive confirmation from the Region of Peel that arrangements satisfactory to the Regin of Peel, Public Works shall be made with respect to the location of existing and installation of new services and/or possible required private service easements. No grading will be permitted within any Region of Peel ROW(5.1) Hydro One Not applicable Toronto Region Conservation Authority Not applicable Credit Valley Conservation Not applicable Ministry of Transportation Not applicable Canadian Pacific Railway Not applicable Propane Operator Not applicable Niagara Escarpment Commission Not applicable August 4, 2020

Cindy Pillsworth, Secretary-Treasurer Committee of Adjustment, Town of Caledon 6311 Old Church Road Caledon, ON, L7C 1J6

Re: Caledon Committee of Adjustment – B 014-20 & B 015-20 – 12130 Albion Vaughan Road

Dear Ms. Pillsworth,

Regional Planning staff have reviewed the above noted consent applications and offer the following comments and conditions:

Regarding Consent File - B 014-20 & B 015-20 Traffic – Catherine Barnes (905) 791-7800, extension 7569 Comments: • No new accesses will be permitted off Highway 50; existing accesses must be utilized.

Servicing – Bernadette Sniatenchuk (905) 791-7800, extension 8589 Comments: • No grading will be permitted within any Region of Peel ROW (5.1)

• Please note that severing the lands may adversely affect the existing location of the water and sanitary sewer services. The result of this may require the applicant to install new water / sanitary servicing connections to either the severed or retained lands in compliance with the Ontario Building Code. The applicant may require the creation of private water / sanitary sewer servicing easements.

Condition: • Arrangements satisfactory to the Region of Peel, Public Works shall be made with respect to the location of existing and installation of new services and/or possible required private service easements. o grading will be permitted within any Region of Peel ROW (5.1)

For further questions or concerns please contact the undersigned at 905-791-7800, extension 7921, or by email at: [email protected]

Yours truly,

Dylan Prowse Junior Planner Development Services