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TEMPORARY USE BY-LAW 1ST SUBMISSION COMMENTS MATRIX January 2021
Weston Consulting File #5576-1
Planner – Weston Consulting
TOWN OF CALEDONPLANNINGRECEIVED
Jan 18, 2021
Table of Contents
Table of Contents .....................................................................................................................................................................................................................................................2
Canada Post ............................................................................................................................................................................................................................................................1
Peel Region .............................................................................................................................................................................................................................................................2
Town of Caledon ......................................................................................................................................................................................................................................................4
Town of Caledon Zoning ..........................................................................................................................................................................................................................................8
TRCA ..................................................................................................................................................................................................................................................................... 10
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Canada Post
Christopher Fearon | Delivery Services Offices, Delivery Planning | 905-206-1247 ext. 2027 | [email protected]
Comment Consultant Response
Canada Post Corporation appreciates the opportunity to comment on the above noted application and
has no objections to its approval.
The proposed changes will have no impact on delivery to the area, As such, Canada Post does not wish
to impose any conditions on the owner/developer with respect to this application.
WESTON
Noted. No further action required for this comment at this time.
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Peel Region
Dylan Prowse, Junior Planner
Development Services
905-791-7800 x7921
Comment Consultant Response
Regional staff have reviewed the above application and are pleased to offer Regional clearance. Please see below for further comments:
Development Services Comments:
Prime Agricultural Area
• The subject property is located within the Prime Agricultural Area as identified in Schedule B of the Regional Official Plan (ROP). The Region seeks to protect Prime Agricultural Areas for long-term agricultural operations. ROP Policy 3.2.2.11 “Direct[s] the Town of Caledon, in the Prime Agricultural Area, only to permit a non-residential use, subject to an area municipal official plan amendment..” and certain considerations. Generally, Regional staff would not encourage landscaping and plowing uses that are not an on-farm diversified use associated with an active farm operation, to be permitted in a Prime Agricultural Area.
N/A
Noted.
• In this instance, the applicant is seeking to extend the existing temporary use bylaw in accordance with the Temporary Use By-law provisions of the Town of Caledon Official Plan. Regional staff recommends the Town of Caledon, in coming to its decision on this application, be satisfied as to the conformity of the application with the policy direction provided in the Town’s Temporary Use By-law provisions of the Town of Caledon Official Plan. Should the Town be satisfied as to the conformity of the application with the Town’s Official Plan, Regional staff have no objection
N/A
Noted.
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GTA West Corridor:
The subject property is located within the GTA West 2020 Focused Analysis Area. As such the application was circulated to the ENDM and MTO. Please find their comments below.
ENDM Comments
• ENDM does not have any concerns with the current application, however it should be noted that the subject property does fall within the joint ENDM/Independent Electricity System Operator’s Northwest Greater Toronto Area Transmission Corridor Identification Study area. More information on this study can be found here http://www.ieso.ca/-/media/Files/IESO/Document-Library/engage/gta-west/GTA-West-Study_20190918.pdf?la=en
N/A
Noted.
MTO Comments
• This property falls into the 2020 Focused Analysis Area for the GTA West Study. See map below.
• We recommend that the temporary use permissions be renewed for not more than three years and advise the property owner against making substantial improvements to the property during this period of time.
N/A
Noted.
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Town of Caledon
Adam Wendland
Community Development Planner, Development Review Services, Planning Department
905-584-2272 ext. 4024
Comment Consultant Response
Comments
For the reasons outlined within this letter, Town of Caledon Planning staff have minor concerns with the proposed Zoning By-law Amendment at this time and a revised submission is required to address the comments contained in this letter. Staff reserves the right to provide further comments should additional information be provided.
N/A
Noted.
Town of Caledon, Planning Department, Development Review Services
1. The Town offers the following comments on the Planning Justification Report:
a) Please update the portion of the Report speaking to the PPS, 2020 to include a review and comment.
b) Please update the portion of the Report speaking to the Growth Plan, 2020 to include a review and comment.
c) The Report speaks to the land use designations in the Town’s Official Plan. Please add that the property is designated as Environmental Policy Area in addition to Prime Agricultural Area.
Weston
Please refer to the revised Planning Justification Brief. The revisions have been made as per the comments.
2. The Town offers the following comments on the draft Zoning By-law Amendment and Schedule, which have been reflected in the track-changed Microsoft Word version of the Zoning By-law Amendment attached:
a) Please amend the legal description to reflect the legal description of the property.
b) Please update Town Clerk’s name to Laura Hall.
Weston
Please refer to the revised draft Zoning By-law Amendment. The revisions have been made as per the comments.
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c) Please ensure zone boundary lines go to the centerline of the road.
3. Instrument No. PR 3257093, registered on December 19, 2017 is a Site Plan Agreement between the Town and the Owner. Instrument No. PR3257095, registered on December 19, 2017, is a Temporary Use Agreement between the Town and the Owner. Both of these agreements pertain to the construction of the temporary garden supplies sales structure. The Owner is bound by the terms and obligations contained herein.
Owner
Noted.
4. A Temporary Use Agreement between the applicant and the Town of Caledon is required. Any agreements will be executed prior to final Site Plan Approval and all legal, financial obligations, securities etc. will be completed to the Town’s satisfaction. Owner
Noted, however, given the site works have been completed in accordance with the approved plans, no further securities should be required. See Engineering clearance comments 7, 8 & 9 below. In addition note that the landscape and urban design Departments have no comments.
5. Please include with your next submission a cover letter that explains how all comments provided within and attached to this letter have been addressed.
Weston Noted. Please refer to this comment matrix.
Town of Caledon, Planning Department, Heritage: 6. The subject property is a listed heritage property, but the development will not impact the historic buildings. The subject lands have been disturbed and not Archaeological Assessment will be required.
N/A
Noted.
Town of Caledon, Engineering Services Department, Development Engineering: 7. The subject property, 7904 Mayfield Road, was previously subject to SPA 15-30 and Temporary Use Application RZ 12-08. Both applications were approved by the Town and site works associated with SPA Page 3 of 6 15-30 have since been completed at the property. Engineering certification for the site works was received by the Town in 2018, and again in 2020 confirming the site has been developed in general conformance with the approved plans, reports, and studies for SPA 15-30. Further, Development Engineering has completed site inspections confirming the works are completed in
N/A
Noted.
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general conformance with the approved documents and has signed off on the full release of engineering securities held under SPA 15-30 as of September 2020.
8. The plans submitted in support of the current Temporary Use Application RZ 2020-0008 are the same plans that were previously approved through SPA 15-30. Plans have been redlined by the applicant to address the filling in of the pond adjacent to the SWM pond. Pond works were addressed in the Engineering Certification prepared by Crozier Engineering dated August 28, 2020.
N/A
Noted.
9. Based on the plans submitted and the proposed Temporary Use By-law the current application proposes to reinstate the temporary use that was previously approved through RZ 12-08. This application does not contemplate any further site works for the subject property. Considering the above, Development Engineering has no concerns with the proposed Temporary Use Zoning By-law Application.
N/A
Noted.
Town of Caledon, Finance Department, Finance: 10. The property at 7904 Mayfield Road is currently assessed as Residential ($623,000 CVA). The Town’s share of property taxes levied, based on current value assessment is approximately $3,500. As at October 25, 2020, the property tax account is determined to be current.
N/A
Noted.
11. If the proposed development (includes a rezoning to accommodate temporary structures) were to proceed as planned, the property’s taxable assessment value would change to reflect the developments that would have taken place.
N/A Noted.
12. Under current Town of Caledon By-laws, a temporary building is defined as a “building or structure that is …placed on land for a continuous period of not more than eight months.”
N/A Noted.
13. Upon application for the issuance of a building permit for the temporary structure, the applicant will be required to either pay appropriate Development Charges, or deposit satisfactory securities.
Owner Noted.
14. If the proposed structure eventually meets the eight months’ time threshold, the applicant may, as allowed under the Development Charges By-law, apply to the Town for a refund of any Development Charges, no later than one month following the expiration of that eight months period. Otherwise, the deposited Development Charges or securities will be retained.
Owner
Noted.
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15. The Development Charges comments and estimates above are as at October 25, 2020 and are based upon information provided to the Town by the applicant, current By-laws in effect and current rates, which are indexed twice a year. Development Charges are calculated and payable at the time of building permit issuance. Development Charge By-laws and rates are subject to change. Further, proposed developments may change from the current proposal to the building permit stage. Any estimates provided will be updated based on the Development Charges By-law and rates in effect at the time of building permit, and actual information related to the construction as provided in the building permit application.
N/A
Noted.
Town of Caledon, Building Department: 16. Any proposed future development will be reviewed under the Ontario Building Code through the review of the Building Permit application.
N/A
Noted.
Ministry of Transportation (GTA West): 17. This property falls into the 2020 Focused Analysis Area for the GTA West Study. We recommend that the temporary use permissions be renewed for not more than three years and advise the property owner against making substantial improvements to the property during this period of time.
Owner
Noted.
The following departments/agencies have no concerns: • Enbridge
• Ontario Provincial Police, Caledon Detachment
• Town of Caledon, Corporate Services Department, Accessibility
• Town of Caledon, Engineering Services Department, Transportation
• Town of Caledon, Fire and Emergency Services Department
• Town of Caledon, Planning Department, Landscape
• Town of Caledon, Planning Department, Urban Design
N/A
Noted.
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Public Meeting
An electronic/virtual Public Meeting is scheduled for January 19, 2021. Council and the public will have an opportunity to ask questions and provide comments at this meeting. In subsequent submissions please address all comments and questions in written form and include as an attachment to your cover letter.
Weston
Please refer to the revised submission package dated January 15, 2021, which addresses all comments.
Town of Caledon Zoning
Cindy Pillsworth, Zoning Administrator
Comment Consultant Response
This submission articulates a soil screening area and pick-up / delivery area. The soil screening area is considered an industrial use accessory (due to the processing nature of soil sorting).
Weston Noted.
Staff seeking clarification regarding the Accessory Open Storage as indicates 6565m2 and Outside Sales and Display Area of 7232m2. Staff note that the zoning standards indicates 18.3% and this is not correct. Seeking confirmation and revision. The applicant has indicated the existing pond has now been filled and staff seeking confirmation if this is to form part of the Open Storage Accessory Area. As per draft by-law permitted an area of 20% for Open Storage Area accessory and Outside Display or Sales Area, Accessory.
Weston
Please refer to the revised Site Plan – S4 dated January 14, 2021, that illustrates a total of 21.3% devoted to Open Storage Accessory, which includes the following areas as defined within By-law 2006-50:
• Exisitng Accessory Outside Sales and Display Area
• Existing Soil Screening Area
The draft Zoning By-law Amendment has been revised to include a maximum of 22%.
Unless otherwise specified all accessory open storage areas shall be screened by a solid board fence or a chain link fence with opaque fencing material which is a minimum of 2m high. Staff seeking confirmation regarding the fence
Weston The required screening is in accordance with previously
approved by-law. There is a 4.0 metre berm to the north that
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provides screening from Mayfield Road and a 3.6 m thicket
hedge – 4.5 m to screen the outside storage area.
Staff seeking confirmation if Buildings 3 -5 are being leased out to a farmer for hay storage and 4 horses. If the buildings are for another use please advise and update accordingly. Weston
The use of Buildings 3-5 has not changed. No new uses proposed.
Staff seeking confirmation as zoning chart indicates Landscape Area of 59.6%. Weston
Please refer to the revised Site Plan – S4 dated January 14, 2021, that illustrates a total Landscape Area of 60.6%.
Staff seeking confirmation as the site plan indicates proposed driveway. Conformation if this existing or proposed.
Weston Please refer to the revised Site Plan – S4 dated January 14, 2021, that illustrates the existing driveway has not changed since approval in 2017.
Two Parking spaces for residential use have not been illustrated on plan, please revise.
Weston Please refer to the revised Site Plan – S4 dated January 14, 2021, that illustrates two residential spaces north of Building 1.
Proposed Entrance Width 14.7m. Does not meet the maximum of 14.4m on draft by-law.
Weston
Please refer to the revised Site Plan – S4 dated January 14, 2021, that illustrates an entrance width of 14.6 metres. The draft Zoning By-law Amendment has been revised to include an entrance width maximum of 14.7 metres.
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TRCA
Anthony Syhlonyk, Planner
Planning and Development
416-661-6600 ext. 5272
Comment Consultant Response
Recommendation TRCA staff have completed their review of proposed Zoning By-law Amendment and has no objections to RZ-2020-0008, subject to the following condition: 1) The applicant provides the required $2,950.00 Zoning By-law Amendment – Minor review fee.
Owner
The fee for the TRCA review has been submitted on January 15, 2021.
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