TOWN OF CALEDON 1:00 p.m. Council Chamber, Town Hall Members Present: Chair: B. Duncan G. Cascone J. Clark T. Dolson M. Gallo R. Waldon Members Absent: J. Metcalfe Staff Present: Manager of Development - West: R. Hughes Recording Secretary: B. Karrandjas Community Development Planner: E. Leung Senior Development Planner: S. McVittie Secretary-Treasurer: C. Pillsworth Planning Student: S. Swinfield 1. CALL TO ORDER The Chair called the meeting to order at 1:02 p.m. 2. DECLARATION OF PECUNIARY INTEREST - none. 3. CONFIRMATION OF MINUTES Moved by R. Waldon - Seconded by T. Dolson That the Committee of Adjustment Minutes dated September 16, 2015, be received as amended. 4. REQUESTS FOR DEFERRAL/WITHDRAWAL OF APPLICATIONS 4.1 A 013-15 Owner: 135 Commercial Inc. (Agent: Gagnon & Law Urban Planners Ltd.) Property Location: 12530 Albion Vaughan Road,Caledon(Ward 5). The Committee noted that they had received an e-mail from Marc De Nardis, Gagnon & Law Urban Planners Ltd., representative for 135 Commercial Inc. dated September 11, 2015 requesting deferral of the Minor Variance Application for six months or sooner. Moved by M. Gallo - Seconded by J. Clark That Application A 013-15 be deferred for six months or sooner with costs. 4.2 A 042-15 Owners: Fiorella and Attilio Boiago (Agent: C. Pietrangelo) Property Location: 47 James Street, Bolton (Ward 5). The Committee noted that they had received an e-mail from Cam Pietrangelo, representative for Fiorella and Attilio Boiago dated October 2, 2015 requesting deferral of the Minor Variance Application. Moved by R. Waldon - Seconded by M. Gallo That Application A 042-15 be deferred for six months or sooner with costs.
Page 2 of 7 5- MINOR VARIANCE APPLICATIONS 5.1 A 041-15 Owner: Pawanjeet Grover (Agent: G. Amaral) Property Location: 218 Dougall Avenue, Caledon (Ward 2) Purpose: To amend the definition of bakery, as it applies to the property, to include preparation and serving of food and refreshments, for consumption at tables within and outside the building to a maximum capacity of 14 and outside on benches to a maximum of 6 for a temporary period of time. The Chair advised that correspondence was received from a neighbour in opposition of the application. The Agent advised that they did their best to keep signs visible, adding that they feel there is sufficient parking available on Dougall Avenue and Kennedy Road. The Agent also indicated that the proposal is not for a restaurant but more of a soup kitchen, they will encourage patrons to walk to location, will do their best to be environmentally friendly, do not have any immediate plans to hire additional staff, and attempted to contact all residents within 60 metres of the location. The Committee asked a number of questions regarding the location of the outdoor seating area, proposed operating hours, if the variance can be revoked at any time, if a building permit will be required and if there will be an accessible washroom on site. Members received responses from Town staff and the Agent. The Chair inquired if staff had any new information to provide. Staff advised that they have no new information to provide. or in opposition to the application. Kenneth Bokor, area resident, advised that an e-mail was forwarded to the applicant dated October 10 th, offering support for the application. Moved by G. Cascone - Seconded by M. Gallo That Application A 041-15 to amend the definition of bakery, as it applies to the property, to include preparation and serving of food and refreshments, for consumption at tables within and outside the building to a maximum capacity of 14 and outside on benches to a maximum of 6 for a temporary period of time on the subject property, be approved for three (3) years (October 14, 2018). The decision reflects that in the opinion of the Committee: 1. The variance authorized is desirable for the appropriate development or use of the land, building or structure referred to in the application; and 2. The general intent and purpose of the Zoning By-law and Town of Caledon Official Plan are maintained and the variance is minor.
Page 3 of 7 5.2 A 043-15 Owner: William Scoular (Agent: Melinda Bessey) Property Location: 1405 The Grange Sideroad, Caledon (Ward 1) Purpose: To reduce the Minimum Distance Separation II (MDS II) distance from the proposed addition to an existing livestock facility (horse farm) from 171m (561 ft) to 65m (213 ft). The Chair inquired if the Agent had any new information to provide and if they were agreeable to the draft conditions. The Agent advised that they had no new information to provide but indicated they have provided letters in support from neighbours. The Agent also indicated that condition #2 regarding the retaining wall location would be fulfilled as an accurate site plan will be provided to indicate same. The Agent advised that a survey will be provided and indicated that they have no intention to list the property as having any historic value. The Chair inquired if the Committee members had any questions. The Committee asked a number of questions regarding the retaining wall and possible tree removal. Members received responses from the Agent. The Chair inquired if staff had any new information to provide. Staff advised that they had no new information to provide. or in opposition to the application. No one in attendance came forward. Moved by J. Clark - Seconded by M. Gallo That Application A 043-15 to reduce the Minimum Distance Separation II (MDS II) distance from the proposed addition to an existing livestock facility (horse farm) from 171m (561 ft) to 65m (213 ft) on the subject property, be approved subject to the following conditions: 1. That the Secretary-Treasurer receive written confirmation from the Heritage Resource Officer that prior to the issuance of a Building Permit, the applicant provide elevation drawings of the proposed addition, and meet with the Heritage Resource Office and landscape staff to address any concerns they may have. 2. That the Secretary-Treasurer receive written confirmation from the Development Approval and Planning Policy Department that the applicant has provided a drawing, that accurately shows the location of the retaining wall on the subject property and are satisfied. The decision reflects that in the opinion of the Committee: 1. The variance authorized is desirable for the appropriate development or use of the land, building or structure referred to in the application; and 2. The general intent and purpose of the Zoning By-law and Town of Caledon Official Plan are maintained and the variance is minor.
Page 4 of 7 CONSENT APPLICATIONS 6.1 B 004-15 Owner: Bolton Medical Centre Ltd. (Agent: David McKay, MacNaughton Hermsen Britton Clarkson (MHBC) Planning Limited) Property Location: 12295 Highway 50, Caledon (Ward 5) Purpose: To request an access easement for emergency services and an easement for stormwater management purposes. The Chair inquired if the Agent had any new information to provide and if they are agreeable to the draft conditions. The Agent provided an overview of the application and indicated they agree with the draft conditions. or in opposition to the application. Marco Marcante, representing landowners to the north, provided a history of the application and indicated that he is in support of the application but would like a discussion to take place with all parties to address any concerns which may arise. The Chair inquired if the Committee members had any questions. The Committee asked a number of questions regarding the previous application regarding this property, requested a summary of the concerns of Mr. Marcante, drainage concerns and if the parties are willing to discuss their concerns. Members received responses from Town staff, the Agent and Mr. Marcante. The Chair inquired if staff had any new information to provide. Staff advised Mr. Marcante that the site plan drawings are available for viewing at the Town offices. Mr. Marcante requested postponement of this approval until the next application is dealt with. Staff advised that this application needs to be completed before the severance can be issued. Moved by G. Cascone - Seconded by M. Gallo That Application B 004-15 to request an access easement for emergency services and an easement for stormwater management purposes, be approved subject to the following conditions: A. The Secretary-Treasurer shall have been satisfied that the following conditions have been fulfilled within one year of the mailed date noted below and the Secretary-Treasurer's Certificate under the Planning Act shall be given. 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 Certificates. 2. That the Secretary-Treasurer receive draft reference plan(s) for approval by the Development Section. 3. That the Secretary-Treasurer receive the required number of prints of the resultant deposited reference plan(s). 4. That the Secretary-Treasurer received confirmation from Planning Law indicating that the Applicant has provided the following items:
Page 5 of 7 a. Draft Transfer Easement prepared to the satisfaction of Planning Law; b. Draft Transfer, Release and Abandonment of the existing emergency access easement to the satisfaction of Planning Law; c. Evidence that the Transfer to effect Committee of Adjustment Decision No. 'B'003-15 has been registered; and, d. Signed Solicitor's Undertaking to provide the registered documents listed in (a) and (b) immediately after registration of the same. 5. That the Secretary-Treasurer receive written confirmation from the Development Approval and Planning Policy Department confirming that the owner/agent has submitted a development plan (drawn to scale in metric) certified by an Ontario Land Surveyor and showing sufficient detail for staff to confirm compliance with the applicable standards, and that parcel subject to the easement is in compliance with all applicable zoning by-law standards. 6. That the Secretary-Treasurer receive written confirmation from Town's Corporate Services department that there are no outstanding financial obligations. 1. This decision reflects that regard has been had to those matters to be regarded under the Planning Act, inasmuch as the dimensions and shape of the lot are adequate for the uses proposed. 2. Subject to the imposed conditions, the consent to the Conveyance, will not adversely affect the proposed development. 6.2 B 013-15 Owner: Trisha Paterson (Agent: Don Robb) Property Location: 19882 Willoughby Road, Caledon (Ward 1) Purpose: To sever approximately 37.2 ha (91.9 ac) from a property having at total area of approximately 39.2 ha (96.9 ac) to merge with the property to the south known municipally as 19726 Willoughby Road for farm consolidation for continued agricultural purposes. The Chair advised that comments were provided by the Credit Valley Conservation on October 9, 2015. The Chair inquired if the Agent had any new information to provide and if they are agreeable to the draft conditions. The new Agent, Peter Hertz, legal counsel for the purchaser Mr. Duncan provided an overview of the application. The Secretary-Treasurer advised that there was an amendment to condition #5. The Agent advised that they agree with the draft conditions. The Chair inquired if the Committee members had any questions. The Committee asked a number of questions regarding the significance of the pond, current setback requirements for development near wetland. Members received responses from Town staff and the Agent. or in opposition to the application. No one in attendance came forward.
Page 6 of 7 Moved by G. Cascone - Seconded by T. Dolson That Application B 013-15 to sever approximately 37.2 ha (91.9 ac) from a property having at total area of approximately 39.2 ha (96.9 ac) to merge with the property to the south known municipally as 19726 Willoughby Road for farm consolidation for continued agricultural purposes, be approved subject to the following conditions: A. The Secretary-Treasurer shall have been satisfied that the following conditions have been fulfilled within one year of the mailed date noted below and the Secretary-Treasurer's Certificate under the Planning Act shall be given. 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 Certificates; 2. That the Secretary-Treasurer receive draft reference plan(s) for approval by the Development Section; 3. That the Secretary-Treasurer receive the required number of prints of the resultant deposited reference plan(s); 4. That the Secretary-Treasurer receive an application for a minor variance in order to bring the retained parcel into conformance with Zoning By-law 2006-50, as amended. 5. That the Secretary-Treasurer receives written confirmation from the Development Approval and Planning Policy Department confirming that both the severed and retained parcels satisfy all applicable zoning by-law standards. The owner/agent must submit a reference plan (drawn to scale in metric) certified by an Ontario Land Surveyor showing sufficient detail for staff to assess compliance with the applicable standards. 6. That the Secretary-Treasurer receive written confirmation from the Development Approval and Planning Policy Department that Minimum Distance Separation complies, or is not required. 7. That the Secretary-Treasurer receive confirmation from Planning Law indicating that the Applicant has provided the following items: a. Draft Transfer prepared to the satisfaction of Planning Law; b. Draft Application to Consolidate Parcels to the satisfaction of Planning Law; and c. Signed Solicitor's Undertaking to provide the registered document listed in (a) and (b) immediately after registration of same. 8. That the Secretary-Treasurer receive written confirmation from Town's Corporate Services department that there are no outstanding financial obligations. 1. This decision reflects that regard has been had to those matters to be regarded under the Planning Act, inasmuch as the dimensions and shape of the lot are adequate for the uses proposed. 2. Subject to the imposed conditions, the consent to the Conveyance, will not adversely affect the proposed development.
Page 7 of 7 7. ADJOURNMENT On verbal motion moved by R. Waldon and seconded by J. Clark, the hearing adjourned at 2:46 p.m. Brenda Duncan Chair Cindy Pillswojth Secretary-treasurer