COMMITTEE OF ADJUSTMENT
NOTICE OF HEARING CONSENT APPLICATION
WEDNESDAY SEPTEMBER 16, 2020
File No.: A 024-20
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 of Minor Variance: The applicant is requesting relief from Zoning By-law 2006-50, as amended to permit a Landscaping Area of 15.5%; permit Parking Space Setback of 0.0m; permit a Planting Strip Width of 0.0m and 7.7m for the retained lands (existing 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 014-20 and 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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Subject Property ³
Minor Variance LOCATION MAP A 024-20 2033665 Ontario Limited
(Agent): Corbett Land Strategies Inc. Date: June 26, 2020 12130 Albion Vaughan Road File No.: A 024-20 Lot 1, Concession 7 (Albion) TOWN OF CALEDON PLANNING RECEIVED June 26, 2020 COMMITTEE OF ADJUSTMENT – MINOR VARIANCE APPLICATION INSTRUCTIONS TO ALL APPLICANTS
PLEASE NOTE: Prior to the submission of an application, it is strongly recommended that the applicant and/or their agent meet with staff from the Planning and Development. This pre-meeting will ensure that all other development matters are identified up front, which may include the necessity for a Site Plan Application. It is the applicant and/or agent’s responsibility to ensure that the application has all of the required variances listed in section 3 of the application form. If you wish to submit an application and sketch plan to the Secretary-Treasurer to review for completeness, send to [email protected].
The Town of Caledon Planning and Development provides applicants the opportunity to obtain a zoning review of a property (including uses and buildings/structures) in order to determine compliance with the standards of the applicable Zoning By-law. This step is helpful in order to understand all variances that may apply. To request a review, the applicant and/or agent’s must complete a Zoning Certificate refer to https://www.caledon.ca/en/townhall/resources/zoning/Zoning-Certificate- Application.pdf form, fees, and submit it along with the required documentation. This meeting may eliminate the need to defer the application to a subsequent hearing (fees as per the Fee By-law).
Documents to be Submitted with Application
1. Original Application
2. 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.”
c) 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 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.
3. One (1) copy of a scaled site plan (metric), on 8 1/2" x 11" paper for all applications. If the plan is a larger size, please provide the large size as well. For Industrial, Commercial, Institutional, and Recreational Applications please also provide two (2) full-sized scaled Site Plan Drawings.
All plan(s) shall clearly indicate the following information (see attached example): The boundaries and dimensions of the subject property. The location, size and type of all existing and proposed buildings and structures on the subject land, indicating the distance of the buildings or structures from the front yard lot line, rear yard lot line and the side yard lot lines.
Minor Variance Application Form December 17, 2019December 17, 2019 TOWN OF CALEDON PLANNING RECEIVED June 26, 2020
The approximate location of all natural and artificial features on the subject land and on land that is adjacent to the subject land that, in the opinion of the applicant, may affect the application. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, wells and septic tanks. The current uses on land that is adjacent to the subject land. 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. If access to the subject land is by water only, the location of the parking and docking facilities to be used. The location and nature of any easement affecting the subject land.
As per the Planning Act, the applicant is required to submit the information and material prescribed under Section 45 of the Act. The Secretary-Treasurer will review for application form has been fully completed, the sketch map (described under O/Reg 200/96) is acceptable, the required number of copies of the application have been submitted, and all necessary information including, for example, the owner’s authorization, applications fees, etc. has been submitted. If the applicant fails or neglects to submit the prescribed information, the Secretary-Treasurer may refuse to accept the application or the Committee of Adjustment may defer the application.
4. If the application is completed by an agent or solicitor, the original Authorization Form must accompany the original application signed by the owner(s). If the applicant is a Corporation, the signing officer must place the Corporate seal over the signature(s).
Sign Posting
Under the requirements of the Planning Act, the applicant shall post a sign indicating that a minor variance application has been filed with the Town for the subject property. This sign is provided by staff either upon submission or once the application is considered complete and 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. Failure to post the sign a minimum of 10 days prior to the hearing date will result in a deferral of the 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 HAS HEARD THE APPLICATION.
To All Applicants:
1. Answer all questions, as identified on the form. Incomplete applications will not be accepted for submission and will be returned to the applicant and/or agent for completion.
2. The Hearing of every application shall be held in public, and the committee shall hear the applicant and every other person who desires to be heard in favour of or against the application and the committee may adjourn the hearing or reserve.
3. It is also recommended that all applicants communicate with their neighbours.
4. The Chair, or in his or her absence the acting chair, may administer oaths.
5. If drawings are available showing i.e. elevation, construction and exterior design of proposals applied for (example – location of doors, windows, type of exterior materials proposed – brick, wood cladding, aluminum, etc.) they should be submitted TOWN OF CALEDON PLANNING RECEIVED June 26, 2020
with the application or brought to the hearing and presented to the Committee when the application is heard.
6. If an application is deferred by an applicant and/or agent or by the Committee, a Deferral Fee must be paid in accordance with the Town’s Fee By-law.
Approval Given Subject to Certain Conditions
When an application is approved, it may be approved subject to certain conditions. These conditions must be fulfilled within the deadline specified by the Committee. The following are standard conditions which may apply:
Approval from Town of Caledon 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 Development Engineering regarding the submission of a satisfactory grading plan. Approval and fee payment from the appropriate Conservation Authority. Approval from the Niagara Escarpment Commission.
FOR FURTHER INFORMATION CONTACT:
Cindy Pillsworth, Zoning Administrator/Secretary-Treasurer, Committee of Adjustment Community Services 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] TOWN OF CALEDON PLANNING RECEIVED June 26, 2020
Site Plan Example
A site plan identifies all buildings, structures and other features in relation to property boundaries. The site plan should identify your existing house and any proposed changes.
Most or all of the information required for a site plan may be found on your property survey.
The following information should be shown on a site plan:
1) Title and scale (metric) 2) Legal description 3) Street name 4) North arrow 5) Current uses 6) Property lines with dimensions 7) Setbacks to all property lines from existing and proposed structure(s) 8) Overall building dimensions 9) Right-of-way(s) and easements 10) Driveway 11) Septic, well, etc. 12) Natural and artificial features, watercourses, swamps, and wooded areas TOWN OF CALEDON PLANNING RECEIVED June 26, 2020
COMMITTEE OF ADJUSTMENT APPLICATION FOR MINOR VARIANCE (Under section 45 of the Planning Act, R.S.O. 1990, as amended for relief from the Town’s Comprehensive Zoning By-law) 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.
File Number: A _____-____
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 FAX/E-MAIL TELEPHONE FAX/E-MAIL [email protected] 416-806-5164 [email protected]
ZONING 2. OFFICIAL PLAN (current zoning of subject land) (current designation of subject land)
Highway Commercial 50 Area CHB-185 Bolton Highway Commercial
3. PROPOSED RELIEF - list variance(s) requested
a) For retained lands (existing Car Wash):
a. Landscaping Area – 15.5% is proposed, whereas 20% is required; b. Parking Space Setback – 0.0m is proposed, whereas 1.5m is required; c. Planting Strip Width – a. 0.0m proposed, whereas 6.0m is required; b. 7.75m is proposed, whereas 9.0m is required;
4. EXPLANATION AND DESCRIPTION OF PROPOSAL – the reason why the proposal cannot comply with the provisions of the zoning by-law
Please see Justification Report for further information.
5. LEGAL DESCRIPTION –
Lot ______1 Concession _____7______Former Township ____Albion______
OR Lot ______Registered Plan ______
6. MUNICIPAL ADDRESS - of subject property Number ______12130 Street or Road Name ______Albion Vaughan______Road TOWN OF CALEDON PLANNING RECEIVED June 26, 2020
7. DIMENSIONS OF LAND AFFECTED (metric units): Frontage: Depth: Area: ______30.4m ______56.7m ______3,567.4m2
8. Date of acquisition by current owner(s): ______N/A
9. ACCESS to subject property is by: (please check one)
Provincial Highway ____ Regional Road ____ Municipal Road ____X Right-of-Way ____ Other: ______
10. EXISTING USES OF THE YEAR PROPOSED USES (if different) SUBJECT PROPERTY ESTABLISHED
Car Wash N/A No change.
11. EXISTING BUILDINGS/STRUCTURES: DATE CONSTRUCTED: ______N/A TYPE ______front lot line setback ______43.1m height ______N/A rear lot line setback ______15.9m dimensions ______side lot line setback ______73.0m floor area ______450.7m2 side lot line setback ______6.64m
DATE CONSTRUCTED: ______TYPE ______front lot line setback ______height ______rear lot line setback ______dimensions ______side lot line setback ______floor area ______side lot line setback ______
12. PROPOSED BUILDINGS/STRUCTURES: TYPE ______Existing
front lot line setback ______height ______N/A
rear lot line setback ______dimensions ______
side lot line setback ______floor area ______
side lot line setback ______**NOTE: A SKETCH PLAN DRAWN TO SCALE (METRIC) MUST ACCOMPANY THIS APPLICATION. TOWN OF CALEDON PLANNING RECEIVED June 26, 2020 TOWN OF CALEDON PLANNING RECEIVED June 26, 2020 TOWN OF CALEDON PLANNING RECEIVED June 26, 2020 TOWN OF CALEDON PLANNING RECEIVED June 26, 2020
Minor Variance Application Checklist
STAFF CHECK
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
Arrangements have been made to have the Notice Sign posted on the property.
The applicant must submit two (1) copy 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 the subject property;
The location, size and type of all existing and proposed buildings and structures on the subject land, indicating the distance of the buildings or structures from the front yard lot line, rear lot line, exterior side lot line and the side yard lot lines (in metric);
The approximate location of all natural and artificial features on the subject land and on land that is adjacent to the subject land that, in the opinion of the applicant, may affect the application. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, wells and septic tanks;
The current uses of land that is adjacent to the subject land;
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.
Arrangements have been made to discuss the Application with surrounding property owners.
The applicant/owner/agent wishes to proceed without a Preliminary/Pre-consult (DART) meeting.
Date: ______Signed by (Owner/agent): ______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]
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EXISTING 10cm WHITE LINE
N
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) PAD MOUNTED Existing Entrance to FIRE EXTENT OF T.R.C.A. TRANSFORMER SEE Remain HYDRANT TOWN OF CALEDON EXTENT OF T.R.C.A. FLOOD-LINE ELEC. DRAWING FOR HWY. 50 WIDENING BY PLAN 663 (MTO PLAN P-2093-1) FLOOD-LINE PLANNING LOCATION RECEIVED FLOOD-LINE FLOOD-LINE FLOOD-LINE June 26, 2020 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
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,
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.
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;
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.
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
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
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
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
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
Hi Stephan,
2
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
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?
3
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 COMMITTEE OF ADJUSTMENT Application for Minor Variance September 16, 2020
A 024-20 and A 025-20, 1938590 Ontario Inc. (2033665 Ontario Limited), Agent: Corbett Land Strategies Inc., 12080 and 12130 Albion Vaughan Road in Bolton, Ward 5
RECOMMENDATION
Staff is of the opinion that the proposal meets the four tests as set out in Section 45(1) of the Planning Act, R.S.O. 1990, as amended. Staff have no objection to Minor Variance applications A 024-20 and A 025-20 to permit the requested variances and recommend that the applications be approved.
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 (see below), 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. The above referenced severance application has resulted in the necessity to consider minor variances, to amend Zoning By-law 2006-50, as follows:
File A 024-20:
1. To permit a Landscaping Area of 15.5%; 2. To permit Parking Space Setback of 0.0m; 3. To permit a Planting Strip Width of 0.0m and 7.7m for the retained lands (existing Car Wash). For A 025-20:
1. To permit Landscaping Area of 19.6%; 2. To permit Parking Space Setback 0.0 metres; 3. To permit Planting Strip width 5.9 and 8.9m for the severed lands (Car Dealership).
As referenced above, applications associated with the subject minor variance files are Consent applications B 014-20 (for a severance between the Kia automotive dealership and the car wash) and B 015-20 (for access easements). 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 meet the general intent and purpose of the Official Plan.
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 are required. Specifics are as follows: File A 024-20 (car wash, retained lands):
1. To permit a minimum Landscaping Area of 15.5%, whereas the By-law requires a minimum of 20%; 2. To permit a minimum Parking Space Setback of 0.0m, whereas the By-law requires a minimum of 1.5m; 3. To permit a Planting Strip Width of 0.0m (northerly lot limit) and 7.7m (front or exterior lot line), whereas the By-law requires 6m and 9m respectively.
For A 025-20 (KIA dealership, severed lands):
1. To permit Landscaping Area of 19.6%, whereas the By-law requires a minimum of 20%; 2. To permit a minimum Parking Space Setback 0.0m, whereas the By-law requires a minimum of 1.5m; 3. To permit minimum Planting Strip widths of 5.9m (northerly lot limit) and 8.9m (front or exterior lot line), whereas the By-law requires 6m and 9m respectively.
As noted above, no change of use is proposed as a result of the subject severance and easement applications, and no additional development is contemplated. The existing conditions were reviewed and approved through a previous site plan application for the lands, taking into consideration all relevant engineering, landscape and urban design requirements. Accordingly, Planning staff are of the opinion that the application is in keeping with the general intent and purpose of the Zoning By-law.
Staff have confirmed that all lands are within the municipal boundaries of Caledon (as opposed to Vaughan) and are subject to Caledon zoning.
Respectfully submitted by
______Rob Hughes Manager of Planning Services Committee of Adjustment Internal Comments
Date of Hearing: September 16, 2020 File Number: A 024-20
Department Staff Comments Condition(s) If applicable Community Services Planning and Development Zoning Administrator The subject property is zoned Bolton Highway Commercial Exception 185 (CHB-185) by Zoning By-law 2006-50, as amended. Zoning staff note that as part of the consent applications zoning is seeking the following condition to ensure that the requested variances are acceptable and no other variances are required. 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. The plan submitted or the requested variance is a concept plan and not prepared by an Ontario Land Surveyor. The applicant is seeking the following variances: permit a Landscaping Area of 15.5%; permit Parking Space Setback of 0.0m; permit a Planting Strip Width of 0.0m and 7.7m for the retained lands (existing Car Wash). Landscape Architect No comments Technologist Development No concerns Engineer Heritage Resource Officer No comments received Policy & Sustainability No comments received Municipal Numbers Development No concerns. 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 No Concerns
Finance Senior Financial Analyst A 024-20
Roll # 010.002.09515.0000 ALBION CON 7 PT LOT 1 RP 43R33446 PARTS 1 AND 3 VAUGHAN PT RD ALLOW RP 2033665 ONTARIO LIMITED 12130 ALBION VAUGHAN RD.
As at August 9, 2020, property taxes for 12130 ALBION VAUGHAN ROAD are determined to be current. There are no outstanding financial obligations that would otherwise affect the attached application # A 024-20. These comments apply solely to A 024-20 and are based on information available as at August 9, 2020.
Corporate Services Regulatory Services/By-law By-law and Licensing No comments received Supervisor
External Agency Comments
Agency Comments Region of Peel No comments received Hydro One Not applicable Toronto Region Conservation Authority No comments received Credit Valley Conservation Not applicable Ministry of Transportation Not applicable Canadian Pacific Railway Not applicable Propane Operator Not applicable Niagara Escarpment Commission Not applicable