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HomeMy WebLinkAboutPSD-078-05 Addendum 1 Q!}lpn REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday June 27, 2005 Addendum to Report #: PSD-078-05 ~/:S4 /'-0 ~ File #: PLN 38.4.1; By-law #: COPA 2002-002; COPA 2002-009 Subject: BOWMANVILLE WEST MAIN CENTRAL AREA SECONDARY PLAN REVIEW AMENDMENT 44 TO THE CLARINGTON OFFICIAL PLAN AND RELATED APPLICATIONS BY HALLOWAY HOLDINGS LIMITED AND WEST DIAMOND PROPERTIES INC./PLAYERS BUSINESS PARK LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PSD-078-05 be received; 2. THAT Council provide direction to staff with respect to the recommendations of the Commercial Policy Review and Reports PSD-077-05 and PSD-078-05; and 3. That the Region of Durham Planning Department and all interested parties be notified of Council's decision. Submitted by: D d J. rome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: anK in Wu, Chief Administrative Officer 4 DJC*sh*df June 27, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 2 1.0 Introduction 1.1 At the Special General Purpose and Administration Committee meeting on June 13, 2005, the Municipality's consultants and staff reported on results of The Commercial Policy Review (CPR) and the Bowmanville West Main Central Area Secondary Plan Review through reports PSD-077-05 and PSD-078-05 respectively. The results of the studies led to recommendations for amendments to the Clarington Official Plan. The June 13th meeting was a Public Meeting under the Planning Act to hear submissions on Proposed Amendments 43 and 44 to the Clarington Official Plan. 1.2 Since that meeting, staff proceeded to draft companion amendments to the Municipality's Zoning By-law 84-63. The proposed amendment includes general amendments and changes to the zoning for five sites in the Bowmanville West Town Centre. 1.3 The purpose of this report is to summarize briefly the submissions received to date and the meetings held to address issues and concerns with respect to the Proposed Amendments 43 and 44. It provides staff's response to select issues with the view that Council will provide direction for further discussions with the development proponents in West Bowmanville to address the remaining issues in one manner or another. 1.4 On June 13th, I also indicated that I would report on the results of the June 1 ih pre- hearing conference on various appeals by development proponents in West Bowmanville. In light of the Committee's decision to refer reports PSD-077-05 and PSD-078-05 back to staff, the parties agreed to a postponement of the pre-hearing conference until September 6th, 2005. 2.0 PUBLIC MEETING SUBMISSIONS 2.1 At the public meeting, submissions were heard on both Proposed Amendment 43 and Proposed Amendment 44 together. In some cases, the submissions were accompanied by written material. For the purpose of this report, the written submissions are not reproduced but will be included in a subsequent staff report. 2.2 Stanley Stein, Osler Hoskin and Harcourt, on behalf of Zellers Mr. Stein suggested that the proposals for commercial development being recommended by staff were extremely aggressive. Mr. Stein had submitted an analysis by Joseph Urban Consultants providing a peer review of the urbanMetrics analysis undertaken on behalf of the Municipality. He noted that the assumptions used in the analysis were aggressive and could do serious harm not only to Zellers but to the existing commercial facilities in the downtown. Specific concerns were that: . The inflow assumptions for expenditures by non-Clarington residents were extremely high - 30 % as opposed to a more realistic 15%. ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 3 . A directional impact analysis was not undertaken to determine which areas would be hit and how badly. . The impact of adjusting this assumption for Zellers would result in a decline of 25% in sales for in 2007 and with phase 2 opening in by 2010 a decline of 54%. . The impact of adjusting this assumption for other merchants in the DSTM category (such as in the downtown) would result in a decline of 48% in sales for in 2007. . He advised that the assumptions regarding Wal-Mart's productivity (sales per square foot) was understated. Whereas urbanMetrics had assumed $380 per square foot in 2007, he noted that in the settlement of the Guelph case, an assumption of $505 per square foot for 2006 (as corrected in his follow-up correspondence dated June15, 2005). . He suggested a more conservative approach to expansion of retail space with the Loblaws (Real Canadian Superstore) opening first and Wal-Mart proceeding in a phased approach in 2010 and 2016. Mr. Stein noted that the Municipality is faced with a lot of pressure because of the OMB hearing. He requested that Council not be rushed into a decision and for staff to use more conservative assumptions. 2.3 Ron Hooper, on behalf of Bowmanville BIA Ron Hooper, Chair of the Bowmanville BIA spoke in opposition to the amount of retail space being contemplated at this time. He indicated that the 1 million square feet proposed is staggering and totally incomprehensible. He requested a phased approach more closely aligned with population growth. 2.4 Bob. Hann, on behalf of Valiant ProfJertv ManaGement Mr. Hann spoke primarily with respect to his proposal for Home Depot on their lands in West Bowmanville. He advocated that a home improvement store would have less impact than competitive retail space. Specific concerns were as follows: · If Uptown Avenue is maintained on the proposed alignment there is no room for a Home Depot store. · Uptown Avenue may not be required at all with Brookhill Boulevard. · Building stores around the edges does not provide for a suitable site for tenants. · If approved, the Valiant/Home Depot site would bring additional taxes, development charges and building permit fees to the Municipality and create jobs in the community. 2.5 Brent Clarkson, MHBC Planning Consultants, on behalf of Home DefJot Mr. Clarkson indicated that there is a better chance to preserve the downtown with a Home Depot on the Halloway Holdings site. He advised that Home Depot is reluctant to depart from their standard design but they will develop a one-of-a-kind store for ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 4 Bowmanville. Among the design changes proposed are an enhanced garden centre enclosure, enhanced landscaping, eliminating the driveway at the rear of the building, eliminating the rear lumber doors, architectural detailing and panels that resemble brick and stone, trees in front of the building and a walkway in stamped concrete. He also indicated that Home Depot was prepared to build a LEED (Leadership in Energy and Environmental Design) certified building - the first one for Home Depot in Canada. He submitted a design brief including artists renderings of the enhanced elevations. 2.6 Roslyn Hauser, Goodmans LLP, on behalf of West Diamond DevelofJments and Plavers Business Park Roslyn Hauser noted that residents need appropriate levels of commercial services and the existing facilities are not meeting their needs. She made reference to the outflow of department store expenditures and advised that if her client's application is approved the spin-off effect is that more money would be spent in the downtown. She is in support of the recommendations in the Planning Services report but had a number of concerns which were detailed in a written submission. They are as follows: · The phasing of the Wal-mart and Loblaws stores is neither necessary nor desirable, and may, impede Clarington's ability to achieve an optimal level of retail service and recapture resident expenditures. · The assumptions used by urbanMetrics in their Market Impact Analysis, with respect to recapture, appear to be very conservative. It is their view that the new format Loblaws and Wal-mart in conjunction with other stores not currently in Clarington will strengthen Clarington's retail environment and favorable alter shopping patterns. · Refinement to the urban Metrics' floorspace assumptions were proposed that, in the view of West Diamond/Players, more accurately reflects the likely built out of new retail space. · Special Policy Area H, including the requirement that a public use facility and lands be conveyed to the Municipality for a nominal fee, should be removed. · The reduction of floor space in the Street Related Retail designation is not warranted. · West Diamond/Players is satisfied with the urban design standards provided changes are made to the numeric requirements to make them more flexible. · West Diamond has concerns with certain transportation policies which impose requirements to construct certain roads that may not be justified by any technical analysis. · The low rise, high density designation should be amended to specifically permit townhouses and stacked townhouses, in addition to apartment buildings. 2.7 Mark Frayne, on behalf of Holburn Biomedical COffJoration Mark Frayne advised of the plans by Holburn to establish a Science Research Park on their lands on Bennett Road and referenced the Municipality's study for a larger Science and Technology Park. Holburn is opposed to the proposed amendment to permit home improvement centres by amendment in the light industrial area. They noted that Municipality's market studies do not support a home improvement centre or large format ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 5 retail development on the A YT site at this time. He noted that the Municipality's Official Plan is for employment areas "to provide a variety of economic and employment opportunities in the Municipality" and to "allow for the expansion and diversification of the employment base". He objected to the characterization of Home Depot as a "quasi- industrial" use. Mr. Frayne referenced the preferred policy approach recommended by the consultants to focus commercial development in existing commercial centres. 2.8 Written Submission from Ira Kagan, on behalf of A YT COffJoration Mr. Kagan submitted a letter noting their previous request that the A YT application be dealt with at the same time as the Commercial Policy Review. He noted that some of the recommendations of the Commercial Policy Review are at odds with the A YT application and it makes sense for Council to deal with both aspects at the same meeting. He also noted that Council may have to choose between the Halloway Holdings site and the A YT site if only one additional home improvement store could be approved. 2.9 Written Submission bv Tenzin Gvaltsan. Newcastle IGA Mr. Gyaltsan submitted a letter indicating that the urbanMetrics report fails to adequately address a couple of fundamental issues. · The A&P in the Bowmanville Mall is doubling in size to 55,000 sq. ft. · The A&P at Liberty Street will most likely change to Food Basics or another low price banner. · Sobeys is looking to build a new 55,000 sq. ft. store in Bowmanville shortly. · Other stores, such as Shoppers Drug Mart, are adding a complete dry grocery section in them. As a result of the above, the supermarket space is already diminished prior to the proposed Real Canadian Superstore in West Bowmanville. He requested that these items be reviewed when deciding on additional floor space. 3.0 SUBSEQUENT WRITTEN SUBMISSIONS 3.1 Since the meeting their have been subsequent written submissions and several meetings between the Study Team and several proponents. 3.2 Petition from Small Business Owners. EmfJlovees and Residents A petition was received containing 613 signatories opposing the opening of a Wal-Mart store in Bowmanville. The petition indicated that for various reasons, a Wal-Mart store was not in the best interests of the people and businesses in Clarington and requested that the plans not be approved. The petitioners included small business owners, employees and residents of the Municipality. ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 6 3.2 Written Submission bv Bryce Jordan. Semas for Hallowav Holdinas Bryce Jordan submitted comments and submitted a revised site plan "for discussion only" which attempt to address a number of urban design issues. Home Depot's planner provided a list of 24 issues with respect to the urban design policies. However, both Valiant and Home Depot attempted to address some of the issues through the revised site plan. The other issues raised were: · The land use schedule and policies need to be revised to accommodate the Home Depot store . The alignment of Uptown Avenue needs to be revised to accommodate the Home Depot store . Concern for the significant of the "prominent intersection" policy and the implications regarding accommodating a drive-through restaurant . Concern for the public square policy in consideration for closing the unopened road allowance. 4.0 MEETINGS WITH DEVELOPMENT PROPONENTS 4.1 Several meetings have been held with various proponents with respect to issues raised at the public meeting and subsequent submissions 4.2 Meetinq with West Diamond/Players reqardinq Market Issues On June 22, 2005, staff, the Municipal solicitor and the Municipality's market consultant met with the assistant legal counsel and the market consultant for West Diamond/Players. The purpose of the meeting was to follow-up on the points raised in the submission from Roslyn Hauser regarding the potential for the Wal-mart and Real Canadian Superstore to proceed in one phase. Various assumptions used by the Municipality's market analyst were reviewed. Some of the issues raised included: . The validity of the recapture assumption regarding Department Store expenditures moving from 17% to 50%. A higher recapture would allow for more Department Store space. . Assumptions regarding the West Diamond opening date; that the first full year of operation would be 2008. . Assumptions regarding the retenanting of the existing Loblaws store. . Assumptions that all space would be built at once; providing for natural phasing through the lease-up period. . The Torgan DSTM space should be reduced due to the results of the floodplain analysis. The Municipality's market consultant is doing additional work to address these concerns and those raised by Zellers and Newcastle IGA. This information will be made available to the parties when completed. Staff will report on this in responding to all of the submissions at the Special Council meeting. ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 7 4.2 MeetinG with Hallowav HoldinGs on Site Plan Issues On June 24, 2005, staff, the Municipal solicitor and the Municipality's urban design consultant met with Halloway holdings representatives, including the Hann family, their planning and engineering consultant, their solicitor and the planner for Home Depot. The meeting explored issues relating to the written submission of Bryce Jordan and Brent Clarkson referenced above. A revised preliminary site plan was presented for review and discussion. The meeting was held on a "without prejudice" basis. Several positive enhancements to the site plan were proposed to address some of the issues in the proposed urban design policies, including the provision of a small park area on the north-east corner of Green Road and Durham Highway 2. The bottom line for Halloway was that the Home Depot could only be accommodated in an 8 acres parcel along Clarington Boulevard and that Uptown Avenue could not bisect the site. 4.3 MeetinG with A YT's Consultant Discussions with A YT's planning consultant were held on Monday, June 27, 2005 with respect to possible phasing of the A YT development. 5.0 COMMENTS 5.1 This report is not a comprehensive response to all of the submissions made to date with respect to Proposed Amendments 43 and 44. This will be prepared for consideration at the Special Council Meeting being called for July 15th. Nevertheless, staff are providing some clarification and response on several specific issues which are important for Council's consideration prior to providing staff with a "road map" for further discussions with the development proponents. 5.2 Home DefJot There has been some confusion regarding staff's position regarding the proposed Home Depot store. The consultant and Staff reported that in its view Home Depot was "quasi"-industrial. By "quasi" I meant that it had "some resemblance ... by possession of certain attributes". These attributes were the outdoor storage and display, on-site trucks for the delivery of construction materials and bulk items and internal and external storage of bulk material items that require the use of tow motors, lifts, etc. Home Depot is a retail facility but it is also a wholesale facility catering to contractors purchasing construction materials. A review of a number of Home Depot operations in the east portion of the Greater Toronto Area confirmed the above. Staff's view is that it is not an appropriate commercial use in the context of the Bowmanville West Town Centre and in the specific planning context established since 1993 to create a pedestrian retail environment, particularly along Clarington Boulevard. ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 8 Any development should build on existing municipal infrastructure and complement the investment made facilities such as the Cineplex and new High School. The Clarington Official Plan identifies Highway Commercial Areas as the appropriate area for large- format home improvement stores. The position of staff on this issue is not extraordinary but has been supported in a number of other instances including the following: · As Mr. Lehman noted at the Special GPA on June 13th, the Ontario Municipal Board has considered this argument. In 2002, the current Chair and current Executive Vice-Chair of the Board ruled against a home improvement store in Markham noting the following: "It is, however, unwise to accept willy-nilly a large format "big-box" in the form of a home improvement retail centre at this locale as the latter does have a planning profile far different from a collectivity of the various retail components. A home-improvement "big-box" is not just a sum total of a number of parts. It is not just a sum of plumbing fixtures, lumber products, paint and dry wall retail. There is no question it possesses a critical mass, an industrial flavour and an urban design feature markedly different from that of a supermarket or an apparel store. ... To shoehorn a home improvement centre in this designation by viewing this as no more that a larger version of a hardware store is planning sophistry. (emphasis added) · The City of Pickering Council, in dealing with the potential development in Pickering Town Centre West, Council passed a resolution directing staff to convey Council's interest for higher intensity of land uses in this area. Home Depot had expressed interest in this location which was not supported by staff. The Pickering Planning Director has advised that Home Depot was given the opportunity to find a site in their industrial area. Staff continue to recommend that Home Depot, despite all of the enhancements offered by the company, is not an appropriate land use in the context of the planning environment for the Bowmanville West Town Centre. 5.3 UfJtown Avenue Alianment There was considerable discussion of the Uptown Avenue alignment at the Special General Purpose and Administration Committee. Halloway Holdings argued that it should follow the unopened Concession Road Allowance. There is the view that, provided that Brookhill Boulevard is established to the north, Uptown is not needed for arterial or collector road movements. Staff do not disagree that if Brookhill Boulevard is constructed, the east-west reliever for Highway 2 is certainly diminished as traffic external to the area have other means of accessing Bowmanville West Town Centre. However, Uptown Avenue still provides two critical functions for Bowmanville West . In the short term, it provides a more localized function for the internal distribution of traffic in the Bowmanville West Town Centre. It distributes traffic moving ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 9 between the various land uses in the area, allowing for less traffic to access Highway 2 in moving from one sector to another; . The Clarington Boulevard/Highway 2 intersection will have the lowest level of service of all intersections in the Bowmanville West Town Centre. Even as a local road distributing traffic within the West Town Centre, Uptown Avenue will provide relief for this intersection; . As a local road, Uptown Avenue provides a pedestrian circulation through the Bowmanville West Town Centre; . In the longer term, it provides for the intensification of the lands. The establishment of the grid and block system, deemed extremely important by Council and the Ontario Municipal Board in 1993, provides for the natural evolution from the current lower density, single purpose uses to redevelop over time to establish a higher order uses. It allows Bowmanville to grow as the eastern anchor to the Region around the transit node being established with the major commercial focus. TSH has reviewed the costs of extending Uptown Avenue from Regional Road 57 to Green Road versus the construction of a new road along the unopened road allowance. The results are as follows: Clarington Blvd. to Regional Road 57 · Road · Additional Arena Access Sub-total Clarin ton Blvd. to Green Rd. Total $ 989,200 None $ 989,200 $ 750,700 $ 1,739,900 $ 1,231,700 $ 181 ,500 $ 1,413,200 $ 242,500 $ 181.500 $ 424,000 $ 672,000 $ 2,085,200 The differences are as follows: . There is an overall savings of $345,000 following the Uptown alignment. . For Halloway Holdings the additional cost of the Uptown alignment is $78,000. . For the Municipality, there is an additional cost of $424,000 for following the unopened road allowance. It should also be noted that the Municipality and Halloway Holdings have an existing contractual agreement to extend Uptown Avenue approximately 94 metres east of Clarington Boulevard. This includes: . The conveyance of 0.187 ha (0.462 acres) . The construction of 94 metres of Clarington Boulevard valued at $180,500 The construction of Uptown Avenue through the Halloway site would consume 0.502 ha (1.24 ac), an additional 0.315 ha (0.78 ac) more than their current agreement with the Municipality. ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 10 Halloway Holdings acquired the land with the existing development agreement and the existing land use designations, including public and private streets. The purchase price of the lands would have been suitably discounted by Halloway Holdings in recognition of this obligation. Staff undertook additional analysis since the public meeting and in consideration of our meeting with Halloway Holdings on Friday June 24th. A staff-prepared Demonstration Plan illustrates that Home Depot could be accommodated with Uptown Avenue in the alignment as shown in the Municipality's Official Plan. If Council determines that Home Depot should be permitted, staff recommends that Uptown Avenue be retained in its current configuration as a local road. It provides important transportation function in the Bowmanville West Town Centre for the short and long term and it is less expensive that the alternative alignment along the unopened Concession road allowance. 6.0 CONCLUSION It is recommended that Council provide appropriate direction to staff to allow for the finalization of proposed Amendments 43 and 44 and report back on all issues at the July 15th, 2005 Special Council Meeting. ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 11 List of interested parties to be advised of Council's decision: Henry Joseph Ari Yasa Ron Worboy B. Westerman Beth Kelly, Valiant Property Mgmt. Bob Hann, Valiant Property Mgmt. John Vanderkooi Eileen Costello, Aird & Berlis LLP Gwen Wallace Lyn Townsend, Lynda Townsend-Renaud Law Brent Clarkson, MHBC Planning Limited Heather Muir Carol Duffy Bruce Curl Jim and Suzanne Gregory Stan Stein, Osler Hoskin & Harcourt Todd Gibbon Bill Humber Linda Moore Ron Hooper George Kloos Richard Lange Leroy Clarke Ted Watson Hannu Halminen, Halminen Homes Limited Jennifer Stone, This Week Newspapers Brian O'Connor Richard Marchant David Butler, The Butler Group Inc. Peter Smith, Bousfields Inc. Bryce Jordan. G.M. Sernas Associates Carmela Cupelli Scott Houghton Nancy Lewis Maryann Fines E.C. Braham Sue Sedlak N. Gummon Otto Provenzano S. Fraser Bill Hinbert Doug Finnson and Terri Bickwell-Potts Duncan McPherson Trevor Small Ellen Cowan Peter Vogel Ray and Joyce Atkinson Margaret Zwart Steve Zakem, Aird & Berlis LLP Ira Kagan, Kagan, Shastri, Barristers & Sol. Brian Fraser Mark Rowe Rudi Van Wijngaarden Paul & Anne-Marie Halliday John Huber James Scarth John and Lilian Bouma B. Haines Lilly T. Hinton Mary-Ann Kalotai Diane James Costantine Bruno Richard Rekker Alan Vaillancourt Mavis Carlton Rick Hofstede The Greater Toronto Transit Robert DeGasperis, Metrus Properties Inc. Yolanda Gjaltema John & Lillian Bouma Marvin Green, River Oaks Group Kathy Pandell. Geoffrey L. Moore & Associates Ltd. Marianne Zwyers Lakeshore Group Carmine Cupelli George Ibanez Lawrence Hellinga R. Tukker A. Sorg Bryan MacLean Linda Hallett and George loanidis Doug Woods Frank W. Lockhart J. Sproatt Mike Dome Celeste Terry, Durham Regional Planning Gail Rickard James Vinson Ian Smith Anthony Turnbull Evelyn Rosario Suzanne McCrimmon, Clarington Board of Trade Jim Russell John Shewchuk, Royal LePage Frank Real Estate Paul Wilson Philip Brent Peter Walker, Walker Nott Dragecivic Associates Limited Scott Arbuckle, Planning & Engineering Initiatives Ltd. David Crowell, A & P Properties Limited ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 12 Terry and Phyllis Price Roslyn Houser, Goodmans LLP Rick Gay, Gay Company Limited Mark Pepper