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HomeMy WebLinkAboutPSD-083-06 CI~J!ingron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, June 19,2006 Report #: PSD-083-06 File No's: ROPA 2004-006 & COPA 2004-007 By-law #: (;03 r~q.gD'" Subject: APPLICATIONS BY AYT CORPORATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN AND THE CLARINGTON OFFICIAL PLAN TO PERMIT A LARGE FORMAT RETAIL CENTRE ON THE NORTH-WEST QUADRANT OF HIGHWAY 401 AND BENNETT ROAD, BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-083-06 be received; and 2. THAT Council provide direction to staff on the A YT applications to amend the Clarington Official Plan (COPA 2004-007) and the Durham Regional Official Plan (ROPA 2004- 006). Submitted by: Dav . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: ranklin Wu, Chief Administrative Officer :{f DJC/sn/df June 14, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-083-06 PAGE 2 1.0 BACKGROUND 1.1 The A YT Corporation (A YT) owns lands located at the Bennett Road interchange of Highway 401 in Bowmanville. On the northwest quadrant of Bennett Road interchange is a 21.85 ha site (West Parcel), the subject site of the development proposal (see Attachment 1). On the northeast quadrant of the Bennett Road interchange, AYT owns a 23.15 ha parcel (East Parcel) outside of the Bowmanville Urban Area that is currently designated Prime Agricultural Area. 1.2 The applications to amend the Clarington Official Plan and the Clarington Zoning By-law were submitted on November 25, 2004. A related amendment to the Durham Regional Official Plan was also submitted. The purpose of A YT's application is to redesignate industrial land for use for large format commercial purposes. A YT originally proposed 540,000 square feet of retail and service floorspace. It was subsequently revised to propose 583,600 square feet of floor area, including a hotel and convention centre, a home improvement store and a warehouse membership club. 1.3 Through the course of the Commercial Policy Review, private development proposals provided two competing visions of where and how new commercial growth could be accommodated: Expansion of an Existina Mixed-Use Town Centre West Diamond Properties Inc. and Players Business Park Ltd. (West Diamond) and Halloway Holdings Inc. (Halloway) submitted applications that proposed the build-out and expansion of the BWMCA. This allowed for the growth and development of a mixed-use "town centre" with existing recreational, institutional and residential development that could accommodate some larger format stores. Creation of a new Sinale-Pumose Retail Centre The A YT application provided for the establishment of a new large- format centre on the east side of Bowmanville near Highway 401. The provided for a single-purpose retail destination quite isolated from residential areas. 1.4 The Commercial Policy Review considered the A YT applications for large format retail uses at Bennett Road. The consultants retained by the Municipality do not support the approval of this development as part of the Municipality's commercial structure from both a market impact and land use planning perspectives. On June 27, 2005, staff submitted Report PSD-097-05 (Attachment 2), which recommended that the AYT applications to the Municipality be refused and it be recommended to the Region that the application to amend the Regional Official Plan be refused. The rationale for staffs position is contained in the Report PSD-097-05. At that meeting, Council referred the report back to staff. The report was reconsidered on July 15, 2005 Special Council Meeting and again referred back to staff. REPORT NO.: PSD-083-06 PAGE 3 1.5 The representatives of A YT made deputations verbally and in writing at various meetings that the consideration of their application would provide two public "benefits" to the Municipality. A YT indicated that they would attract a major hotel to the Bennett Road site and that they would contribute to the early extension of services to the east Bowmanville industrial lands. 1.6 At a Special Council Meeting on March 1St, 2006, Council considered Report PSD-027- 06 on the Commercial Policy Review. In that report, staff provided an analysis of the proposed public benefit on the basis of the information received at that time concluded that there did not appear to be any public benefit in approving the application in order to advance the servicing of the industrial area or attracting a hotel and conference centre. In that report, staff again recommended the refusal of all of the A YT applications 1.7 In considering the staff report, Council, among other things, adopted Official Plan Amendments 43 and 44 (OPA 43 and OPA 44) to implement the Commercial Policy Review and the Bowmanville West Main Central Area Secondary Plan Review. Council refused the A YT rezoning application but referred the applications by A YT to amend the Durham Regional Official Plan and the Clarington Official Plan back to staff and provided direction that included the following: . Staff were directed to prepare a position in support of an urban boundary expansion for the other A YT lands on the north-east quadrant of Highway 401 and Bennett Road (East Parcel); . Staff were directed to bring forward an Official Plan Amendment to a public meeting that would redesignate the subject lands (West Parcel) to Prestige Employment; the East Parcel as a Special Policy Area that would permit large format retail uses after 2016 and to retain the Bennett Road interchange; and . Prior to a public meeting on the aforementioned Official Plan Amendment, staff were to conclude arrangements with A YT that would provide for the advancement of servicing to the industrial lands on the east side of Bowmanville. The full resolution of Council is provided on Attachment 3. 1.8 At this point in time, staff have not completed any arrangements with respect to the extension of services as requested in Item 19 of Resolution 110-06. The response from A YT representatives is detailed below. However, due to the Region's timing on the consideration of urban boundary expansions, staff requires further direction from Council. 2.0 APPEAL OF OPA 43 2.1 On April 4, 2006, in response to Council's adoption of OPA 43, A YT Corporation filed a Notice of Appeal of the Amendment (Attachment 4). The Notice of Appeal notes that OPA 43 is not consistent with the A YT applications and as a result they had requested Council "deal with the Commercial Policy Review, the development applications in West Bowmanville and with their own application at the same time so that the decisions on all REPORT NO.: PSD-083-06 PAGE 4 matters would be consistent." The appeal states that Council gave "staff direction on a go-forward plan for approval of the AYT development." The Notice of Appeal further states: "Approval of the A YT application must be reconciled with OPA 43 and any implementing zoning by-law. Some of the changes in OPA 43 as drafted would prohibit AYT development if left in the current form." 2.2 In further consideration of the matter, AYT's solicitor subsequently narrowed their appeal by letter dated May 26, 2006 (Attachment 5). The appeal applies to the following Sections of OPA 43: · Section 16 - An objective to discourage "auto-oriented building forms" · Section 21 - A new policy that indicates that no new Town or Village Centre, Highway Commercial District or expansion to any of these Centres or Districts will be permitted unless part of a comprehensive review of the Official Plan. The policy also encourages the development and intensification of the Bowmanville East and West Town Centres prior to designating new Centres or Districts. · Section 53 - Deletion of a policy that allowed retail warehouses by amendment to the Official Plan in Highway Commercial Areas · Section 58 - Deletion of a policy that allowed large-scale retail warehouses by amendment to the Official Plan for in Light Industrial Areas 2.3 A YT did not appeal Council's refusal of A YT's application to amend the Zoning By-law. 3.0 A YT'S RESPONSE TO COUNCIL'S RESOLUTION 3.1 Council's resolution addresses two separate but inter-related issues - the proposed amendments to the Official Plan and the developer's proposed public benefit arrangements related to the advanced servicing of the East Bowmanville industrial lands and its commitment to build a hotel. 3.2 The resolution of March 1, 2006 addresses lands owned by A YT on both sides of Bennett Road - the industrial lands within the Bowmanville Urban Area and the agricultural lands outside of the Bowmanville Urban Area. The resolution expresses Council's decision to retain the lands on the west side of Bennett Road as employment areas lands rather than designating them for large format retail uses, as proposed by the applicant. Council's resolution directs staff to prepare an amendment that would redesignate these lands from Light Industrial to Prestige Industrial. 3.3 Staff initially requested clarification from A YT of their support for the financial conditions related to the early servicing of the east Bowmanville Industrial lands. While there were many issues to be considered in detail, the A YT representatives referenced previous correspondence that required the approval of their applications or an agreed-to compromise. 3.4 More recently, on June 12, 2006, staff held a meeting with Sevario Montemarano from AYT, Peter Walker and Mary Freethely, planners for AYT. It was a cordial meeting but it was evident that Council's resolution of March 1 st, 2006 was not an acceptable REPORT NO.: PSD-083-06 PAGE 5 compromise. The proponents position is that an urban boundary expansion is highly speculative and that if it is not approved, then they are not advanced. The proponent's position is that retail commercial development should be permitted on the West Parcel or at least be able to "float" to the West Parcel in the event that the East Parcel is not incorporated into the urban area. However Council's position is quite clear that the West Parcel is to remain designated for industrial purposes in light of Council's Science and Technology Park initiative. 4.0 CONCLUSION 4.1 Council's resolution of March 1 st 2006 makes it clear that the proponent's application for large format retail uses is not acceptable on the West Parcel; it is to be retained for employment uses. It effectively denied the A YT applications as proposed. The proponents have advised that Council's Resolution #C110-06 is not acceptable to AYT. Further, it is noted that A YT has appealed Council's decision on OPA 43 to the Ontario Municipal Board. 4.2 Given this situation, staff has not incorporated the urban boundary request in the Municipality's response to the Regional Official Plan proposed amendments for urban boundary expansions. 4.3 Staff is requesting further direction from Council. Attachments: Attachment 1 - Location Map Attachment 2 - Report PSD-097-05 Attachment 3 - Resolutions #C-1 09-06 and C-11 0-06 Attachment 4 - Notice of Appeal from Peter Walker, planner for A YT Attachment 5 - Amended Notice of Appeal from Ira Kagan, solicitor for A YT REPORT NO.: PSD-083-06 PAGE 6 List of interested parties to be advised of Council's decision: Henry Joseph Ari Yasa Ron Worboy B. Westerman Bob Hann, Valiant Property Mgmt. John Vanderkooi 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 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 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 Steve Zakem, Aird & Berlis LLP REPORT NO.: PSD-083-06 PAGE 7 Scott Arbuckle, Planning & Engineering Initiatives Ltd. David Crowell, A & P Properties Limited Terry and Phyllis Price Roslyn Houser, Goodmans LLP Rick Gay, Gay Company Limited Robert Bond Valentine Lovekin Gary Thertell Ron Stead Catherine Whyte Tenzin Gyaltsan, Newcastle IGA Ron Carlyle Beatrice & Ron Whyte Elliot & Joan Tremeer Eugene Dupuis Paul Mark, Petro Canada Andrea Gabor, Urban Strategies Inc. Murray Patterson Ernest Burnie Blair McEven Kevan Hoskin Jayne Salisbury Karen & Leon Devera Allan Frank Connie Gawley Ton & Sally Barrie Walter Schleiss Attachment 1 To Report PSD-083-06 Baseline Road (Future Access) J arnrnrn'~ .~ ~~ , I: . ..., ~' H' '9h Way 401 L__"'M Net Development Nea - 20.37 ha GFA - :!:54,215 sq.m. :U83.5eQ Sq.ft. Lot Coverage - 26.6% Parking Spaces Provided - :!: 2,728 -- =--- ZBA 2004-055 Zoning By-law ,Amendment COPA 2004-007 Clarington Official Plan Amendment ROPA 2004-006 Regional Official Plan Amendment HIGHW, .r~~ Owner: A YT Corporation Attachment 2 To Report PSD-083-06 Cl~gtnn REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, June 27, 2005 Report #: PSD-097-05 File #: COPA 2004-007 By-law #: and ZBA 2004-055 (X-ref: ROPA 2004-006) REVISED OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS TO PERMIT RETAIL COMMERCIAL, LARGE FORMAT RETAIL, AND HOTEL USES APPLICANT: A YT CORPORATION Subject: RECOMMENDATIONS: It is respectfully recommended that Council recommend the following: 1. THAT Report PSD-097-05 be received; 2. THAT the application submitted on behalf of AYT Corporation to amend the Clarington Official Plan to permit a large format retail complex with approximately 54,215 square metres of total gross floor area at the north-west corner of Highway 401 and Bennett Road BE REFUSED; 3. THAT the application submitted on behalf of AYT Corporation to amend the Municipality's Zoning By-law to permit a large format retail complex with approximately 54,215 square metres of total gross floor area at the north-west corner of Highway 401 and Bennett Road BE REFUSED; 4. THAT staff be directed to provide for a hotel and conference centre and some limited retail and service uses (restaurants, fitness clubs, print shops) in the further consideration of the Clarington Science and Technology Park Study; 5. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and, 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. REPORT NO.: PSD-097-05 PAGE 2 Submitted by: RH/CP/DC/lw/df 23 June 2005 Reviewed bYO ~ -.:::... ~ , Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-097-05 PAGE 3 1.0 APPLICATION DETAILS 1 .1 Applicant: A YT Corporation 1.2 Agent: Walker Nott Dragecivic Associates Limited 1 .3 Official Plan Amendment: To amend the "Light Industrial Area" policies in Section 11.5 to permit development of 54,215 sq.m. (583, 585) sq. ft.) of retail commercial and restaurant floorspace, large format warehouse club retail f1oorspace, and a hotel and convention facility, in addition to the uses permitted in the light industrial area designation. 1.4 Rezoning: To rezone the subject lands from "Agricultural Exception (A-1) Zone" to implement the proposed official plan amendment. 1.5 Site Area: 21.85 hectares 2.0 LOCATION 2.1 The property under consideration is located at the northwest corner of Highway 401 and Bennett Road south of future Baseline Road in Bowmanville (See Attachment 1). The site area totals 21.85 hectares (54.0 acres). The property is located within Part Lot 5, Broken Front Concession 1, in the former Township of Darlington. 3.0 BACKGROUND 3.1 This is A YT Corporation's second revision. The original applications, which were received on November 12, 2004, were in respect of a parcel of land located on the northeast corner of Highway 401 and Bennett Road. These lands were not located within the Bowmanville urban area and when submitted were subject to Bill 27, an Act to establish a Greenbelt study area. Development applications for urban uses could not be considered on lands covered by said legislation. Staff returned the original applications to the applicant. 3.2 On November 25, 2004, Staff received revised Official Plan Amendment and rezoning applications from Walker Nott Dragecivic Associates Limited on behalf of A YT Corporation to permit commercial development of the subject lands. This land is on the northwest corner of Highway 401 and Bennett Road and it is designated Light Industrial Area. The revised application requested permission for 50,300 sq.m. (550,000 sq.ft.) of retail commercial and large format retail uses, including a department store, a food store, a home improvement centre, REPORT NO.: PSD-097 -05 PAGE 4 restaurants and other retail uses in addition to the uses permitted in the Light Industrial Area designation. The development was proposed to proceed on private communal services. 3.3 A Public Meeting was held for the initial revised application on February 21, 2005, during which the following comments were made to Committee. . The Bowmanville BIA noted that the Ontario Municipal Board hearing in 1994 decided to link retail growth with population growth. The OMB at that time recognized that some retail sales loss would not impact the downtown greatly. Council must recognize the potential consequences of approving the large amounts of additional floorspace may have on the downtown. A subsequent letter on the Commercial Policy Review reinforced their concerns and noted that commercial growth should be focused and not dispersed. . A resident from Wilmot Creek raised concern over the increased traffic levels that the proposed development would have on Bennett Road, since this road is their only means of access. . An area farmer was concerned over the rate that prime agricultural land was being converted for urban uses. At the Public Meeting, in response to questions, the applicant's agent advised that his client would be willing to revise the applications to delete the food store and department store components. 3.4 A letter of objection was received from the solicitor representing Valiant Property Management (Valiant)(Attachment 2), which cited the following concerns with the A YT proposal. . Valiant would be concerned if approval of the AYT application would preclude, or be in place of, the development of the Valiant site in West Bowmanville for its intended home improvement use. . The second concern would be if the early development of the A YT site would create an unacceptable market impact on the West Bowmanville Main Central Area in general and Valiant's total holdings in particular. These issues have been referred to the Commercial Policy Review, which is being finalized by the consulting team and Staff. 3.5 A letter of objection was received from Holburn Biomedical Corporation (Attachment 3), which noted that they had invested a considerable amount of money and resources into the launch of a scientific research and development park on lands immediately north of the subject site. They questioned whether or not the proposal was compatible with their scientific research park initiative. 3.6 A letter was received from Terry and Mark Price who noted concerns regarding a spring that feeds a pond on their property, which is being used for agricultural purposes. Development on the adjacent lands could either divert or destroy this groundwater source. REPORT NO.: PSD-097-05 PAGE 5 3.7 On March 30, 2005, Staff received a second revised set of Official Plan Amendment and rezoning applications from Walker Nott Dragecivic Associates Limited on behalf of A YT Corporation. The revised applications propose to permit development of 54,215 sq.m. (583,585 sq. ft.) of retail commercial and restaurant floorspace, large format warehouse club retail f1oorspace, and a hotel and convention facility in addition to the Light Industrial area designation permissions. The development is now proposed to proceed on full municipal services. 3.8 A further Public Meeting was held on May 9, 2005, for proposal's the second revision. The following comments were made to Committee: . The application presented by A YT Corporation contemplates almost as much total floorspace as both west Bowmanville commercial applications combined. Council should consider floorspace being released in phases. . The A YT Corporation proposal does not support or reinforce downtowns. . Commercial development should be located along the Highway 2/King Street corridor and phased through population growth. Approving commercial development along Highway 401 would mean that people would miss the downtowns. 3.9 A second letter of objection was received from Holburn Biomedical Corporation (Attachment 4), which notes the following points. . Holburn supports the exclusion of large format retail uses from industrial areas to preserve industrial lands for industry. Converting these lands for big box development may represent a lost opportunity to economically diversify our employment base. . Holburn has invested a considerable amount of money and resources into the launch of a scientific research and development park on lands immediately north of the subject site. They questioned whether or not the proposal was compatible with their scientific research park initiative, since it may impede the ability to attract scientific research and development companies to the area. 3.10 The applicant has also submitted an application to amend the Durham Region Official Plan (ROPA 2004-006). Although the Regional Plan permits large format retail uses within industrial areas, it does not permit a department store or a supermarket within these areas. These proposals must also front on a Type "A" or Type liB" arterial road for access. The application was originally submitted to amend the policies to permit these uses within an industrial area. Since the application was revised to delete the department store and supermarket, the Regional Official Plan amendment application has also been revised accordingly. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject lands are currently farmed and contain a large woodlot in the center. The site slopes gently to the south and west from Bennett Road. The property REPORT NO.: PSD-097-05 PAGE 6 contains a small spring-fed watercourse that feeds a pond on the adjacent property to the west. 4.2 Surrounding Uses: East: North: West: South: Agricultural land Agricultural land and industrial facility under construction Agricultural lands and rural residential Highway 401 and urban industrial uses 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Reqion Official Plan The Durham Region Official Plan designates the subject lands "Employment Area". This designation permits manufacturing, assembly, processing and warehousing among other individual type uses. General policies of the Regional Official Plan include the following: . Regional Council shall maximize the employment potential of designated Employment Areas; . Sites having a high degree of exposure and good access shall be reserved for employment-intensive uses; . Regional Council shall prevent the consumption of Employment Area lands intended for industrial uses by commercial uses; and, . Regional Council shall ensure an adequate supply of vacant, serviced land is maintained. The Regional Plan provides for area municipalities to allow retail warehouse uses in Employment Areas subject to compliance with the Plan policies. Retail warehouse uses do not include supermarkets or department stores. Retail warehouse uses must also develop on either a Type "A" or "B" arterial road. Baseline Road is designated as a future Type "A" arterial road but no road has not been constructed to date. The applicant has filed an application to amend the Durham Region Official Plan and Regional Staff are reviewing the revised application for conformity. 5.2 Clarinqton Official Plan The Clarington Official Plan designates the subject lands "Light Industrial Area". Permitted uses include manufacturing, processing, fabricating, repairing, research and development facilities, and warehousing. Certain commercial, community and recreational uses, including banks, restaurants, athletic clubs, banquet facilities, and fraternal organizations may be permitted provided they are limited in scale and serve the area's employee base. Large scale retail warehouses may be permitted by amendment to the Clarington Official Plan subject to a number of criteria. REPORT NO.: PSD-097-05 PAGE 7 An east-west Collector Road, south of Baseline Road is proposed to be eliminated through this amendment. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is zoned "Agricultural Exception (A-1) Zone". The current zoning does not permit the proposed commercial development. In order to permit the proposed development, a rezoning application was submitted for consideration. 7.0 AGENCY COMMENTS 7.1 Although the Emergency Services Department has not commented to date, their concerns can usually be addressed at the site plan approval stage. This Department had not raised any fundamental issues through the previous submission. 7.2 The Clarington Engineering Services Department has reviewed both the traffic study and functional servicing study submitted by the applicant and provides the following comments. The subject lands abut both Bennett Road and the future extension of Baseline Road. The abutting road network is currently rural and should be urbanized, incorporating road improvements to address the traffic and storm drainage infrastructure works necessary to properly service a development of this nature. The development of the subject property necessitates the need for these road improvements, which are currently not contemplated in the Municipality's Capital Budget and Forecast for reconstruction and/or construction. Therefore, this development is considered premature until such time as the abutting road network has been urbanized and improved to properly service the subject development. If this application were to be approved, A YT would need to dedicate road widenings along Baseline Road and Bennett Road as well as a sight triangle is required at the intersection of Baseline Road and Bennett Road. The Traffic Impact Study as submitted by the applicant was reviewed and the following comments need to be addressed in the study and resubmitted for approval. . The Study must identify all of the road infrastructure and traffic management related improvements that will be necessary to facilitate this development. These improvements range from intersection improvements, traffic signalizations, auxiliary turning lanes, and the extension of Baseline Road from Lambs Road to Bennett Road. REPORT NO.: PSD-097 -05 PAGE 8 . The Study must assess the impacts of the proposed Highway 401 interchange relocation from Highway 401 and Bennett Road to Highway 401 and Lambs Road and an alternative access scheme should be developed. The justification for replacing the Bennett Road interchange with a new interchange at Lambs Road should be acknowledged, and an alternative access scheme should be developed to determine the site traffic impact with the long term interchange plan. . The Study should be amended to include a revised road pattern incorporating all or part of the east-west collector road now shown in the Official Plan between Highway 401 and Baseline Road should be considered so that future traffic movements generated within the local development area have alternative routes for trips between Lambs Road and Bennett Road. . For the short term, an analysis of the operation of the weaving lanes on Highway 401 between Bennett Road and Highway 35/115 should be undertaken. . Several issues require comment from the Durham Region and the Ministry of Transportation of Ontario such as signalization, spacing of signalized intersections, location of access on arterial roads, and potential impacts on freeway operations. . Additional supporting data is required to justify the proposed parking supply. The Functional Servicing and Stormwater Management Report as submitted by the applicant is inadequate and needs to be revised to address how all aspects of urban servicing including watermains, sanitary sewers, storm sewers, stormwater management, utilities, sidewalks, and street illumination will be extended from existing areas to service the subject lands. The drainage of the subject property is part of the Bennett Creek watershed. The development of this watershed requires the preparation of The Bennett Creek Master Drainage Study, which shall identify the stormwater management needs of this watershed. This study, currently being prepared by TSH, is at the Public Consultation stage and is expected to be completed in the near future. . Prior to any approval for development of the subject lands, a Storm Water Management Implementation Report must be prepared that provides for the sequential construction of storm water management works and addresses the recommendations of the Bennett Creek Master Drainage Study . The applicant's engineer will be required to prepare a Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this site. 7.3 The Ministry of Transportation has no objections in principle to the applications subject to the following conditions: . The Ministry will not permit any structures or buildings within a 14.0 metres setback from the highway property line. Furthermore, any facilities that are essential to the business operations such as parking or loading areas, drive- REPORT NO.: PSD-097-05 PAGE 9 through facilities, driveways, or stormwater management facility will not be permitted within this 14.0 metre setback. . The Ministry has provided a number of technical comments on the functional servicing and storm water management report as submitted by the applicant. The applicant must demonstrate that that the stormwater management facilities can mitigate any impacts resulting from development. The Ministry will not approve a report that increases stormwater flow rates or causes erosion potential within the Ministry's right-of-way. . The applicant will be required to submit a site plan approval application. This submission must include a site plan, lot grading and drainage plan, site servicing plan, stormwater management plan, traffic study, and illumination plan for review. 7.4 Central Lake Ontario Conservation Authority has reviewed the Functional Servicing and Stormwater Management Report and has no objections in principle provided that the following issues are addressed through further review. . The proposed stormwater scheme is generally satisfactory in terms of water quality and quantity control for the development. . The proposal would also appear to fit into the current scheme as proposed through the Bennett drainage plan being worked on by TSH. Stantec are describing their facility as temporary, with the ultimate controls being provided by a centralized facility. . Although the proposal provides for continued drainage to the two drains to the west of the A YT lands, the report has not quantified the amount of flow would be directed, nor has the source of the flows from the woodlot to the neighboring pond been determined. Further discussion will be required to satisfy the Authority's concerns. . Prior to site plan approval, the owner must provide site-specific engineering drawings and reports as well as a report addressing the source of the flows, which appear to originate within the existing woodlot. The engineering reports must address how the site would in the future conform to the requirements of the TSH master drainage plan study for the area, particularly if A YT commences construction prior to the TSH study being finalized. 7.5 The Durham Region Planning Department will not provide comments on the local planning applications (COPA 2004-007 and ZBA 2004-055) since the applicant has also submitted an application (ROPA 2004-0006) to amend the Durham Region Official Plan. Regional Plan policies require large retail format centres to have access to an existing Type "A" or Type "B" arterial road. The applicant has revised their Regional Plan amend application to amend these policy requirements. The Region will be proceeding with a Staff report once a local amendment has been recommended for approval by Council. REPORT NO.: PSD-097 -05 PAGE 10 7.6 The Durham Region Public Works Department has reviewed both the Traffic Report and Functional Servicing and Stormwater Management Report to which the following comments are offered. . The subject site is proposed to be serviced the proposed 300 mm watermain (by others) on Baseline Road. As security of water system supply, a 300 mm watermain extension will be required for looping and chlorinati.on purposes at the applicants expense on Bennett Road, crossing Highway 401 from Baseline Road to Lake Road. . A 675 mm trunk sanitary sewer must be extended from Soper Creek to the subject site. Based on further design details, the trunk sewer needs only to extend to Lambs Road with a further local sewer extension to the subject site. This project is not identified within the Region's 5 year capital works forecast, but is identified in the current Development Charges Background Report as a future project pending the need for residential growth to north of Highway 2 and east of Lambs Road. Since no residential development is anticipated in the near future in this area, the subject applicant will be responsible for the cost of extending the trunk sewer. . In addition, twinning of the Soper Creek Trunk Sewer from Baseline Road to Port Darlington WPCP will also be required to fulfill the ultimate servicing requirements designated in the Official Plan. . In view of high cost of these two projects, the Region is undertaking a further review and feasibility study to determine if there is an alternative sewer alignment, which could eliminate the need for twinning of the Soper Creek Trunk Sewer. This feasibility study will form part of the Region wide Master Plan Study, which is being initiated during the next few months, and may take over a year to determine preferred solutions. . Baseline Road is designated as a Type 'A' arterial road in the Durham Region Official Plan and the Region requires appropriate road widenings. . The Region recognizes the requirements for off-site improvements at the intersection of Highway 2 and Bennett Road as outlined in the traffic impact study. Off-site improvements are to be included as part of their site plan agreement, and secure funds for the future improvements to this intersection. . The Region notes that the Durham Region Official Plan proposes the removal of the Highway 401 and Bennett Road interchange in the future. . Development on the subject lands cannot proceed until servicing issues have been resolved to the Region's satisfaction. REPORT NO.: PSD-097-05 PAGE 11 7.7 The Durham Region Public Works Department has reviewed the Functional Servicing and Stormwater Management Report 7.8 Due to the limited commenting period, comments from Hydro One Networks Inc. have not been received to date. 8.0 5T AFF COMMENTS 8.1 This report is being brought forward at this time at the applicant's request. There are several concerns with addressing the application at this time: . completion of the technical analysis of a number of issues has not been completed due to the limited time to review some of the reports. In several cases, the reports submitted are inadequate and additional information is required; . not all agencies have had time to provide comments; and, . there are studies underway which have a bearing on this application and ideally should be completed first. This includes the Municipality's Science and Technology Park Study and the Region's Industrial Land Supply Study in particular. While it would be premature to consider approving this application until all of the background information is complete, from a broader structure perspective there is sufficient grounds to refuse this application. 8.2 Retail Market Impacts are significant The Addendum Market Analysis dated May 9, 2005, which addresses the requirements of the Clarington and Durham Region Official Plan, was prepared in part to consider the implic"ations of the A YT application. The Addendum Market Analysis tested various alternatives for various projects proceeding, either in whole or in a phased manner or with some alteration (e.g. no Home Depot on the Holloway Holdings site). It also examined substituting the A YT application for the West Diamond/Players proposal. The market research has confirmed that there is significant opportunity for new space in the market to meet population growth and to recapture expenditures currently leaving the community. The recapture potential is particularly great in the Department Store and Home Improvement Store categories, given the current expenditure pattern of Clarington residents. REPORT NO.: PSO-097-05 PAGE 12 The new retail floorspace that would be warranted in Clarington has been quantified through the analysis of various scenarios, as follows: 2007 between 700,000 and 735.000 square feet 2010 between 850,000 and 875,000 square feet 2021 between 1,540,000 and 1,580,000 square feet There is less opportunity for new floorspace after 2007 as it is assumed that the recapture opportunities will have been exploited and further growth will be dependent on population growth. Unlike the earlier market research referred to above, which assumed no sales transfer from existing stores, the Addendum Market Analysis assumed a 10% sales transfer from existing stores, which the Municipality's consultant has deemed to be a "reasonable" impact. The analysis also assumed that there would be new space developed over the study period in other parts of the Municipality which have existing designations or zoning permissions for commercial development. The analysis considers that with the proposed space built in the 2007-2010 period, the impacts on existing stores would continue until 2013 after which, with no further major commercial floorspace, residential growth would allow the existing businesses to return to 2003 levels. The report has recommended the following conclusions. . There is opportunity for most of the proposed new retail and service space in the West Bowmanville Main Central Area by 2010 assuming that the AYT site is not developed during this period. This provides for development to occur in other sites in Clarington including the Torgan site, the Courtice Main Central Areas and limited development in other locations. . There is room for two large format home improvement stores in the Clarington market, based on the possibility of achieving a high recapture rate. With two stores however, it would lead to lower sales performance levels. If the Rona store proceeds on the Torgan site, a second store could be considered elsewhere within the Municipality. A third home improvement store is not considered viable. . Due to its scale, the A YT proposal would create much higher sales impacts on the East Bowmanville Main Central Area than the West Diamond/Players site and would have very significant short term sales impacts in certain categories. Even after 2010, assuming that the other projects are approved and built, the incremental effect would result in significant sales impacts on existing businesses over the longer term as well. Therefore, from a retail market perspective, the Addendum Report concludes the cumulative impact of approving the West Bowmanville applications and the A YT would be significant. Additional major retail commercial development could be considered anywhere in the Municipality REPORT NO.: PSD-097-05 PAGE 13 well after 2010, likely in the 2016 to 2021 period. This would be the subject of future Official Plan Reviews. 8.4 Balance of Employment Opportunities In 2001, the jobs/population ratio in Clarington was 25% or one job for every 4 residents. This is extremely low. The Clarington Official Plan has set employment targets and seeks to achieve balanced growth. The employment targets for Bowmanville are set at 23,500 jobs by 2016. The Plan has the objective of obtaining 1 job for every 3 residents by 2016. Jobs in the commercial sector are largely tied to residential growth, for generally over time employment will increases as the retail and service industry expands to serve additional population. There are exceptions, since certain types of employment will concentrate in nationally significant centres (such as the banking and finance industry in Toronto) and certain retail activities are only possible from regionally significant centres (such as the Oshawa Centre). Industrial uses, including everything from manufacturing to scientific research and pharmaceutical industries, are much less dependent on residential growth. Other factors, such as proximity to market or natural resources, transportation infrastructure, a skilled workforce, labour rates, energy rates and many other factors. Communities are now competing for industrial growth on a global scale. Moreover, there is the need for industries to cluster together on co-operative and at the same time competitive basis to be successful. It is infinitely more difficult to attract industrial employment than population-related employment in the commercial sector. In order to meet the jobs/population target and to compete for industrial growth, sufficient and good quality industrial lands need to be reserved, even if the process takes much longer and is much harder. The employment targets of the Municipality's Official Plan cannot be met without significant non-commercial employment growth. Creating the right conditions for this to occur is paramount if the Municipality wants to create a more balanced community. Using the Region of Durham's methodology (with a lower lot coverage assumption), the potential number of jobs from these lands would beas follows: Lot coverage of 25% REPORT NO.: PSD-097-05 PAGE 14 While a big box retail centre would also create jobs, they would not assist in diversifying the Municipality's economy and may, if floorspace is advanced too early, result in a decline in jobs in existing commercial areas. On the other hand, industrial jobs create spin-offs which help to support retail jobs in the community. The Region in general and Clarington specifically have had difficulty competing for industrial employment in comparison with areas west of Toronto. However, there are changes in the works that will increase these opportunities: . The University of Ontario Institute of Technology has been established to develop into a center for excellence in technology. The presence of the University will act as a catalyst for new investment, particularly in the automotive and energy technology sectors. The University's mandate includes a significant research and commercialization of technology developed through its various industry partnerships; . Highway 407 will be built over the next decade providing important new infrastructure; . A new airport in Pickering will gradually lead to spin-offs and be an advantage for certain industries; . The Province's Growth Plan will need to provide supports for a better live- work balance to address the gridlock created by extensive commuting; and, . The presence of an industry like Holburn in the lucrative biotech sector can be a catalyst to attract similar businesses to the area. The retention of the A YT lands for prestige or light employment uses will allow the Municipality to diversity its employment base and, in conjunction with the Municipality's Science and Technology initiative, will provide a stable employment base. Retail jobs will not contribute to diversifying the employment base, are limited by population growth and, for other reasons stated in this report, are better suited on other lands. 8.5 Loss of Employment Lands There are three primary concerns with the potential conversion of the subject . lands from Employment Area to commercial uses: . The pressure for conversion of Industrial lands is a GT A wide phenomena and a longer term view is essential to preserve opportunities for future economic prosperity, employment diversity and live-work relationships . The A YT site is one of the few premier industrial sites in Clarington with the characteristics suitable for prestige industrial uses . Unlike other municipalities in Durham, Clarington will have no new industrial lands along the Highway 407 corridor . A comprehensive study of employment land needs should be undertaken prior to considering any conversion . The conversion of the AYT site will lead to additional pressures REPORT NO.: PSD-097 -05 PAGE 15 Across the Greater Toronto Area, there is concern with the impacts on the Greenbelt and the Growth Plan on the competition for serviced land. There has been a noticeable trend to convert some key employment lands to residential or major commercial uses due to their higher value for those uses. This has led to concerns about the loss of employment lands and the ability to provide opportunities for employment areas over the longer term. As a result, this issue was addressed in part through the new Provincial Policy Statement, effective March 1, 2005. The Provincial Growth is addressing the matter further through its Places to Grow initiative. Although this application preceded the effective date of the new provincial policies, this does not preclude this as a legitimate planning consideration by the Municipality. There are concerns about the long term impacts of such a conversion at the Bennett Road site. Most of Clarington's industrial lands fronting onto Highway 401 can be characterized as mediocre as best, in some circumstances very negatively impacted existing, less desirable industrial uses with outdoor storage (e.g. Dom's auto wreckers). Other areas contain industries built to a low development standard including the lack of municipal services. This makes it difficult for the Municipality to compete for certain key employment sectors. In terms of competing in the new economy where a knowledge-based workforce is critical edge, the quality of place is an important consideration for these highly-mobile workers. The loss of employment area lands with highway frontage will provide only inferior industrial sites inboard from the transportation corridor. Unlike other parts of Durham, Clarington will have no opportunity to designate new employment lands along the Highway 407 corridor. In 1990, during the preparation of the 1991 Durham Regional Official Plan, the Municipality pressed the need for designating a sufficient supply of industrial land and undertook an analysis in support of this. Consequently, the Region through its comprehensive review designated a large supply of new land in Clarington, primarily in Courtice but also including the subject lands on Bennett Road. Virtually no additional Highway frontage lands were added at this time, save and except the subject lands. This was due to the long standing designation in the Darlington Township, Bowmanville and Newcastle Village Official Plans which designated strips of land along Highway 401. Most of these designations go back to the early 1960's and were partially developed by 1991. The long term need of employment area lands should be revisited before any decision to remove the subject site from employment uses. There is a widely recognized problem with land supply in the GT A which is leading to applications which in essence, are requesting municipalities to compromise their future prosperity to deal with a short term land supply problem. REPORT NO.: PSD-097-05 PAGE 16 The Clarington Official Plan seeks to provide a variety of industrial lands to allow for the expansion and diversification of the employment land base. There are very few locations suitable for prestige employment uses and the A YT site is one of them. Retaining industrial lands with prime Highway 401 frontage is vital for Clarington to achieve its industrial development and employment goals. Given the lack of constraints from existing poorer-quality or heavy industrial development, visibility and access to Highway 401, and on-site amenities such as the woodlot, this is the most prestigious employment area location in Bowmanville. If it developed as a big box centre, a major opportunity for high-profile industrial users would be lost. 8.5 Incompatibility with the Municipality's Science and Technology Initiative Plan The Municipality is undertaking a secondary plan study and urban design analysis with a view of developing upon the catalyst industry, Holburn Biomedical. The 130 hectare study area is bounded by Bennett Road, Highway 401, Haines Street and Highway 2. The lands are designated for a variety of employment area uses in the Clarington Official Plan. TSH is finalizing the master drainage plan as part of this study. Staff initiated this secondary plan prior to submission of the application by A YT Corporation. Preliminary concepts prepared by the consultants indicate that prestige employment uses are being considered for all lands within the study area between Highway 401 and Baseline Road. This would provide a campus presence along Highway 401 that would draw other related companies to the area. The woodlot on the property could be incorporated into an open space and recreational system benefiting the entire industrial park. The Science and Technology initiative is founded on several principles: . The presence of a catalyst industry; . The presence of one or more universities to establish collaborative partnerships with, including the presence of graduate students to assist in research; and, . The availability of relatively cheap lands in the GT A suitable for start-ups and small firms (small firms account for 75% of the biotechnology sector). . A high quality of life. The A YT proposal raises serious concerns with compatibility and feasibility of the science and technology park. Among other things, a commercial designation would raise land prices and lead to speculation on adjacent properties as evident at the Thickson Ridge Power Centre site and the Harmony Taunton Power REPORT NO.: PSD-097-05 PAGE 17 Centre. This would tend to thwart one of the underlying premises for the viability of the park. The form of development would also be contrary to the high quality, campus-like environment that is important for certain indu.stries, particularly research and development industries. The early industries in an employment area "set the tone" and a big box centre would give the wrong image at the gateway to the Science and Technology Park. Lastly, it would remove the prime location that would be sought by an anchor tenant in the science and high tech sector. For the reasons above, in staff's view, the approval of a big box centre on the A YT site is contrary to the intent of, and would likely thwart the science and technology initiative. The science and technology park initiative will take a sustained and patient commitment from the Municipality and will no doubt require some assistance from the Municipality to make it a reality. The development charge exemptions and credits are one example. The designation of. the A YT lands for a big box centre at Bennett and Highway 401 is an incompatible and competing vision for the area. 8.5 The AYT proposal does not contribute to Urban Structure objectives. The A YT proposal would create a large new commercial area in southeast Bowmanville. This new centre, proposed in a location adjacent to Highway 401, would be removed from a central location and from any residential areas. The proposal raises a number of urban structure issues. . In the near future, there is no residential growth anticipated on the east side of the Soper Creek in the Bowmanville Urban Area, requiring longer trips to access the area. . Currently, the majority of retail commercial space in both of Bowmanville's West and East Central Areas is located along Highway 2/King Street. Given the close proximity of these two Central Areas, their retail functions have the opportunity to complement each other and provide cross-shopping opportunities. The Municipality's market analyst notes that A YT location would not likely provide these opportunities. Moreover, the development of the A YT site for retail uses could also result in additional pressures for amendments to surrounding industrial lands to accommodate additional retail uses. . The area is not located on the transit spine on Highway 2. Patrons would have to rely solely on vehicular access to the area. . It provides a commercial alternative to the West Bowmanville development but one, which disperses growth as opposed to focusing growth. . Permitting commercial uses in industrial areas may also increase land values and diminish opportunities for industrial development along this corridor. It should, however, be noted that the hotel and convention facility component and a limited number of restaurants would be permitted under the "Prestige Industrial" REPORT NO.: PSD-097 -05 PAGE 18 land use designation, as they are deemed services which, when limited in scale, are designed to support the employment area. The designation of the A YT lands for commercial uses does not support or contribute to good urban form, "smart" growth and would diminish the focus of retail growth along the King Street spine. 8.6 The AYT proposal has significant transportation implications for future growth in Bowmanville. The applicant submitted a Traffic Impact Study. A review of the report by TSH on behalf of the Municipality, Durham Region Public Works Department, and the Ministry of Transportation has resulted in an issues list outlined in Section 7 of this Report that needs to be addressed in the report . The transportation network for the Bowmanville Urban Area is premised on three interchanges with Highway 401: Waverly Road; Liberty Street and in the future Lambs Road. It has been contemplated that Bennett Road would eventually be eliminated, in part due to highway operational issues due to the relative proximity of the Highway 35/115 interchange but primarily based on the better service a Lambs Road interchange would provide for future residential and employment area growth on the east side of Bowmanville. This is based on transportation analysis that was undertaken when the urban lands were designated. Lambs Road is intended to convey traffic from the eastern portion of Bowmanville. The A YT application is premised on removing the Lambs Road interchange as the ultimate means of serving the east side of Bowmanville and maintaining the existing interchange at Bennett Road. A retail complex of this scale is a major traffic generator and would only be feasible from the retailer's perspective if the interchange was maintained. Over the past five years, the development of lands in the north-east portion of Bowmanville (west of the Soper Creek) has led to an increased strain on Liberty Street and the Liberty Street interchange. The Municipality has undertaken studies to determine what improvements can be made to the Liberty Street interchange. The Region has undertaken studies to consider improvements to Liberty Street. Improvements will be made over time but there is still a limit on the capacity in the entire network that can be created through widenings or other improvements. Approving the A YT application would lock in the Bennett Road interchange which would have a major impact on the transportation network in Bowmanville. The extent of this impact has not been fully quantified to date but it does fundamentally affect one of the underlying premises of the development of the Bowmanville urban area. It is anticipated that the existing traffic situation on Liberty Street and at the Liberty Street interchange would be greatly exacerbated as new residential and employment area developments on the east side of Bowmanville (east of REPORT NO.: PSD-097-05 PAGE 19 the Soper Creek) would not have the option of a Lambs Road interchange and would be less likely to use Bennett Road for the predominant west- oriented traffic movements. At the very least, comprehensive land use and transportation studies should be undertaken prior to making such a fundamental decision. 9.0 CONCLUSIONS 9.1 The applications to amend the Clarington Official Plan and the Municipality's Zoning By-law to permit a large format retail centre of 54,215 square metres (583,585 sq. ft.) of total gross floor area, including a warehouse membership club, a home improvement store, large format stores and restaurants should be denied for the following reasons: . Other than financial and employment reasons, the planning rationale for the proposal has not provided compelling reasons for approving the proposal. . Due to its scale, the AYT proposal would have a significant impact on Town and Village Centres in Clarington. . The AYT proposal does not assist in creating a balanced community and a diversity of employment. . The A YT proposal would remove the premiere industrial site in Bowmanville and the potential to attract a high profile indu~try. . Conversion of industrial lands for commercial uses in a high profile location will not serve the Municipality's long-term employment and assessment goals. . Approving a big box centre is contrary to the intent of the Municipality's science and technology initiative and, raises serious concerns with compatibility and feasibility of the science and technology park secondary plan. . . The A YT proposal does not support the current and future urban structure objectives. It provides a commercial alternative to the West Bowmanville development but one, which disperses growth as opposed to focusing growth. It leads to less compact, less efficient urban growth with limited possibilities for future intensification and development of a strong urban centre. . Approving the A YT application would lock in the Bennett Road interchange and would have a major impact on the transportation network in Bowmanville. This must only be considered in a comprehensive context of the land use plans and transportation network plans for the Bowmanville urban area. There are numerous technical issues raised by external agencies and municipal departments that need to be addressed for any development on this site. Many of the comments require additional supporting information that would be required regardless of the type of development on this site. Due to the limited period to deal with this application and the applicant's request to deal with this application at this meeting, there is insufficient information REPORT NO.: PSD-097-05 PAGE 20 available to consider any approvals of these lands. However, there are fundamental, underlying principles that lead to staff's recommendation to refuse the applications as submitted. 9.2 It is recommended that the A YT applications to amend the Clarington Official Plan and Zoning By-law be refused. At the same time, it would be prudent for the Municipality to consider the potential of hotel and convention facilities to serve this site and to consider this site for the deployment of the very limited retail and service facilities that will be needed for a prestige business park. Attachments: Attachment 1 - Key Map Attachment 2 - Letter from Valiant Property Management Attachment 3 - Letter from Holburn Biomedical Corporation Attachment 4 - Letter from Holburn Biomedical Corporation Interested parties to be notified of Council's decision: Philip Brent, A YT Corporation Ira Kagan, Kagan Shastri Peter Walker, Walker Nott Dragecivic Associates Limited Ron Hooper, Bowmanville BIA Lynda Townsend Renaud, Lynda Townsend Renaud Law Office Robert Hann, Valiant Property Management Bryce Jordan, Sernas Associates Roslyn Houser, Goodmans LLP Peter Smith, Bousefields Inc. Steve Zakem, Aird & Berlis LLP Stan Stein, Osler, Hoskin & Harcourt LLP Mark Frayne, Holburn Scott Arbuckle, Planning & Engineering Initiatives Limited Paul Mark, PetroCanada Andrea Gabor, Urban Strategies Inc. David Crowell, A&P Properties Limited Terry & Phyllis Price Brent Clarkson, MHBC Planning Limited Murray Paterson Ernest Burnie Blair McEwen Tenzin Gyaltsan, Newcastle IGA Bill Humber Catherine Whyte Beatrice and Ron Whtye Ron Carlyle Elliot and Joan Tremeer Eugene Dupuis REPORT NO.: PSD-097-05 PAGE 21 Kevan Hoskin Jayne Salisbury Karen and Leon Devera Allan Frank Connie Gawley Tom and Sally Barrie Walter Schleiss Don and Gail Rickard Hannu Halminen, Halminen Homes ATTACHMENT 1 Baseline Road (Future Access) H' /9hWay 401 L__MM Net Development Area - 20.37 he GFA - :54,215 sq.m. =583.580 Sq.'" Lot Cav8l8Q8 - 26.6% Perl<ing Spaces Provided = :!: 2,728 ~ --- ZBA 2004-055 Zoning By-law Amendment c--- ~ ~ I III i ~ ~ " COP A 2004-007 Clarington Official Plan Amendment ROPA 2004-006 Regional Official Plan Amendment HIGHy,i. . \~:~? Owner: A YT Corporation ATTACHMENT 2 THe LAW' OFfiCE O'F LYNDA TOWNSEND) ReNJA.UD March 9, 2005 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 Attention: Mr. David Crome . Mr. Dennis Hefferon South Tower Royal Bank Plaza 2600-200 Bay Street Toronto, Ontario M5J 2J4 Meridian Planning Consultants Inc. 13 Collier Street Barrie, Ontario L4M 1 H2 Attention: Mr. Bob Lehman UrbanMetrics 144-146 Front Street West Suite 460 Toronto, Ontario M5J 2L7 Attention: Mr. Doug Annand Dear Sirs: Re: Application to Amend the Durham Regional Official Plan and Clarington Official Plan A YT Corporation and Clarington Commercial Policy Review Comments on behalf of Valiant Property Management Municipality of Clarington We are providing comments on the subject application on behalf of Valiant Property Management (Valiant). As will be explained below, the comments will necessarily touch upon the ongoing Clarington Commercial Policy Review (CPR). ~~~jt; 2, -l,-"UU '-ru~~b~\'W:-~Al~ ~,,"~,)J,~U, OAk,,\__ ~LL.~I o~,r~t~~~bO ~~-.i /\'..-~L. PHONE: 905 829 8600 . FACSIMilE: 905 829 2035 Iyn.fownsend@on.aibn.com Municipality of C1arington Mr. Carlo Pellarln March 4, 2005 Page 2 Our Understandina of the Application and the CPR Based on comments made at the public meeting for the subject application (February 21, 2005), we understand that the application will be revised to request approval for retail warehouse uses including a home improvement centre in addition to commercial uses already permitted in the Light Industrial designation. You have advised that the Municipality will be requesting written clarification of the range of requested uses from the proponent. We understand that once clarification is received, the firm of urban Metrics, which has already prepared the Retail Market and Impact Analysis for the CPR, will prepare a Retail Market Impact AnalysiS of the subject application for the Municipality at the applicant's cost. It Is the Municipality's intention to have the completed market Impact analysis available to the CPR consultants (Meridian Planning Consultants Inc.) so that the results can be given consideration as part of the Final Report on the CPR. Valiant's Interest in These Matters Valiant owns about 6.35 hectares bounded by Clarington Boulevard, King Street, Green Road and the unopened Concession 2 right-of-way. All of this area is within the boundary of the Bowmanville West Main Central Area and is designated Retail Commercial in, the BowmanvilleWest Main Central Area Secondary Plan. Valiant began assembling the land in this quadrant of the Main Central Area after it was desIgnated Retail Commercial. Valiant's _ _ _ _ _ application to -amend'th'6' Officia1-Plarrwas-on1y n'8"'C-essary1n-order to allo-cate floorspcrc-e from - - - - ,-' - -.- the next threshold of the Secondary Plan's phasing policy. The Valiant site comprises the only lands designated Retail Commercial in the Central Area without a retail f100rspace allocation. With an allocation to its lands, Valiant could develop up to 16,680 square metres of additional f100rspace including a Home Depot store. Valiant has two potential concerns with the subject application. The first would be if the approval of the AYT application would preclude, or be in place of, the development of the Valiant site for its designated purpose. This issue will be assessed by the CPR. The second potential concern would be if the early development of the A YT site would create an unacceptable market impact on the Bowmanvl\le West Main Central Area in general and the Valiant site in particular. This issue will be assessed by the Retail Market and Impact Analysis. ' Commercial Policv Review It is our opinion that the Valiant lands within the Main Central Area should remain the preferred location for. meeting the shopping needs of Clarington residents prior to the allocation of commercial development opportunities to any other locations not currently designated for commercial use. In particular, no approvals should be given to the AYf site, if at all, until the Valiant site is built out. The Draft Final Report on the CPR supports this view. Amongst the report's executive summary points for the locations of commercial growth are the following points. 14. From an urban structure perspective the preferred policy approach is to concentrate commercial uses in existing urban areas. The existing Centres are and will be central Munlclpallty of Clarlngton Mr. Carlo Pellarln March 4. 2005 Page 3 to the growing population. In addition, they form the 'nodes' along Clarington's main street, a key element of the long term urban structure objectives... 16. Consistent with the current Official Plan policy other new centres or commercial areas should not be created over the five year term. 20. The Bowmanville Regional Centre...as well as the Courtice Centre, Courtice West District and the NewcasUe Village Downtown District should have sufficient land areas designated with boundaries provided for in Secondary Plans to allow for additional commercial development in the range of 720,060 square feet of gross leasable floor space. This growth could occur in the existing designated areas and/or the expansion of the areas dependant on the achievement of the urban structure objectives of the Municipality. . In summary, the Draft Final CPR report concluded that it is not necessary to designate new commercial areas beyond the Central Areas Identified in the Durham Regional Official Plan to meet the Municipality's commercial needs for the next five years. This is reinforced by the Report's recommendation to direct retail warehouses to existing centres and to remove retail warehouses as a permitted use in Light Industrial Areas (pages 23 and 35). We believe the work to date on the CPR reinforces our opinion that the current commercial needs of the Municipality can and should be met in existing designated centres and commercial areas first, and that there is no need to add the AYT site to the Municipality's commercial land supply at this time. Retail Market Impact Analysis On the assumption that the A YT application is being revised to permit retail warehouses in an Employment Area, Section 11.3.18 of the Durham Regional Official Plan would apply. In order for the A YT application to proceed I Section 11.3.18 c) requires that the retail market study being prepared by urbanMetrics demonstrate that "the proposed retail uses and the cumulative amount of ffoorspace will not unduly affect the viability of any designated Central Area on Map ~' and Central Areas and Specific Purpose Commercial Areas designated in area municipal official plans". As noted above, the Valiant site is designated Retail Commercial in the Bowmanville West Main Central Area Secondary. Plan. Therefore, the retail market analysIs must ensure that the viability of the development of Valiant lands will not be unduly affected by the designation and development of retail uses on the A YT site. This matter is typically addressed by a review of commercial floorspace needs, allocating floorspace to designated sites and determining if there is any residual unmet need that could be assigned to the potential new site. This is the approach which has been used in the CPR study to date. The market study component of the CPR concluded that 720,000 square feet of new retail space can be built in the short term (i.e. to 2010) without causing undue Impacts on the existing commercial centres. In distributing this required floors pace, the CPR study Munlclpality of Clartngton Mr. Carlo Pellarin March 4, 2005 Page 4 has recommended not to make a distinction as to. the type of f1oorspace. We have indicated Valiant's concurrence with this approach within Central Areas siting the same reasons as the CPR consultants: 1. this approach can best respond to the changing consumer preferences, 2. there is less and less distinction among store types in the goods that are retailed from inside various "boxes", and 3. individual uses within the "boxes" are likely to evolve over time. changing the makeup of the goods being sold but maintaining the retail significance of the areas they are located within. Notwithstanding our acceptance of this general principle. there appears to be some specific concern by the Municipality with regard to the market impact of home improvement centres on existing retailers. There are two potential home improvement centres proposed on designated lands in Bowmanville. They are the Home Depot proposed for the Valiant site and another one on the Torgan site at Waverfy Road and Baseline Road. It Is also our understanding that the A YT application proposes a third home improvement centre. Given the specific concern about the market impact of home improvement centres, we have explored thIs Issue in some depth. At the outset, it must b~ understood that the market impact component of the CPR has not concluded that only one home improvement centre can be built In the short term without significant impacts on existing retailers. The conclusion on this matter Is set out on page 14 of the CPR and reproduced below (emphasis added): Home Improvement Centre - One home Improvement centre can proceed by 2007, without impacts on existing retailers in C/arington. As noted earlier although only one home improvement centre has been evaluated. our analysis does not preclude another store entering the market. Wrth continued market growth, the available residual potential in other store categories which sell home improvement merchandise, and the opportunity for increased recapture of sales form outside of Clarington in the future, would not preclude another home improvement centre tram entering the market beyond 2007. It is not expected that the imoacts of two such stores would be significantly areater than one store aiven the limited facilities in C/arinqton at the oresent time. It appears that there was not a more definitive conclusion on the impact of two home improvement stores because urbanMetrics' only evaluated the impact of one such store. In order to fill the information gap, Valiant commissioned Robin Dee and Associates to conduct an Impact analysis assuming two home improvement stores, based on urbanMetrics' original research and data. Enclosed is a copy.of Mr. Dee's letter report. It is Mr. Dee's conclusion that the Claiington market will be able to support the entry of two new format home improvement facilities as early as 2006 and that their initial impact will be essentially on each other as they compete for market share. Given that the sites for the two home improvement centres' on the Valiant and Torgan lands are already designated, we submit that any market impact analysis being conducted for the Municipality of Clarlngton Mr. Carlo Pellarin March 4, 2005 Page 5 A YT application (if it is looking specifically at impact in the home improvement market segment) must examine the incremental Impact of a third home improvement centre in the short term (I.e. to 2010). It is likely that if the AYT site Is approved and IT it is to contain a home improvement centre, the timing of the Implementation of this component of the development may have to be regulated through some form of staging policy in order to avoid an undue economic impact on the Valiant site and, by extension, the Main Central Area. Conclusion The Valiant site is designated Retail Commercial and has the physical capacity to accommodate up to 16,680 square metres of additional commercial floorspace. Valiant has co-operated with the Municipality in working through the process of removing the floorspace caps that have prevented the site from developing to date. Valiant's concerns with the A YT application are If It in any way precludes the immediate development of the Valiant site or has an undue economic impact on its development. We understand that both of these issues will be examined on behalf of the Municipality by Its Commercial Policy Review consultants who are currently addressing Municipal~wide commercial planning and market impact Issues. This letter provides our input on behalf of Valiant for the consideration of Municipal Staff and its consultants during their review of the A YT application and the completion of the CPR. If there are any questions or concerns with the above, please do not hesitate to contact the undersigned. . \ \ Enc\. cc: Mr. R. Hann, Valiant property Management Mr. B. Jordan, Semas Associates Mr. R. Dee, Robin Dee and Associates Mr. Carlo Pellarin. Municipality of Clarington ATTACHMENT 3 HOLBURI~ HOLBURN BIOMEDICAL CORPORATION February 18, 2005 ME, M.C.!.P., R.P.R. fax: 905-623-0830 I anning Services TO: FROM: MARK R. FRA.YNE Dear Sir, Application to Amend Clarinqton Official Plan and ZoninQ By-Law Your File: COPA 2004-007 and ZBA 2005-055 I am writing this submission on bE~half of our related company, 1524103 Ontario Ltd., the registered owner of approximately 50 acres, immediately to the north of the Applicant's lands that are subject to the abovementioned applications. OUf respective lands are separated by an unopened road allowance (Baseline Road East). Our company purchased the lands in the fall of 2004 and on November 18th, 2004, the Holbum Group of Companies announced the launch of a scientific research and development park to be located on the lands located at the south-west corner of Bennett Road and King Street East. We have already invested a considerable amount of money and resources into this project, and construction of the first phase is well underway. Therefore, naturally, we question whether or not the subject application: (a) fits within a prestige industrial employment area, and (b) is compatible with our scientific research and development park initiative. I confirm that we are interested in the application and how it proceeds, and request written notification thereof. YOUffilW1 ' 'v "J Mark R. Frayne Counsel and Vice-President CONFIDENTIALITY NOTICE: The informa'jon contained in this fClcsimile (including the attached pages) is .for the attention of the addressee only. Any disclosure or reproduction of these pages is prohibited. The information herein remains the property of Holbum Biomedical Corporation. Should this facsimile be received by anyone other than the addressee. please immed!ately telephone the number below, to arrange for the return of these documents. An independent member of ~The Holburn Group of Companies" 200 Baseline Roael East, Bowmanville, Ontario, Canada, L 1 C 1 A2 Phone: +1 (905) 623-1484 Fax: +1 (905) 623-6702 ma\l@holburn.com www.holbum.com HOLBURN HOLB ATTACHMENT 4 BIOMEDICAL CORPORA liON May 12, 2005 Clerk's Department 2nd Floor 40 Temperance Street Bowmanville, ON, L 1 C 3A6 Dear Sirs, Re: A YT Corooration Applications Your file #: COPA 2004-007 and ZBA 2004-055 We are writing in respect to the AYT Corporation applications to amend the Clarington Official Plan and Zoning By-law. In particular, we wish to respond to PSD 060-05, submissions made during the General purpose and Administration Committee meeting held on Monday May 9. 2005, and some statements made by council during that meeting. The following will also provide further background to our letter to the Municipality dated May 6, 2005. Commercial Policy Review Recommendations We understand that the AYT Applications were initiated at a point in time when the draft Commercial Policy Review was close to finalization, after an extensive consideration process. The draft final report recommends the deletion of that part of section 10.9.5 that allows for amendment to the Official Plan to permit large scale retail warehouses. Holburn supports this recommendation because we believe that: (a) it is based on sound planning principles regarding future commercial development, and (b) existing light industrial areas should be preserved and protected from the intrusion of big box store developments. In regard to the latter point, the lands subject to the A YT Applications are considered superior industrial lands. It is our observation that there is no other light industrial site in Clarington that compares with its features and location. It is ideal for high-profile, ~lbsUge ~Ill..iu~tda~ busln\:;sses. The proposal to convert lands with such good, An independent member of "The Holburn Group of Companies" 200 Baseline Road East, Bowmanville, Ontario, Canada, L 1C 1A2 Phone: +1 (905) 623-1484 Fax: +1 (905) 623-6702 mail@holburn.com www.holburn.com Holburn Biomedical Corporation - 2 of 3 economically diverse potential to a big box retail center, combined with the adverse impact such a development would have on the surrounding lands within the light industrial employment area, may result in a lost opportunity to enhance and diversify Clarington's economic and employment base (Science Park, below). This is contrary to one of the primary objectives cited in Clarington's Official Plan, (sec. 11.2.1): to provide a variety of industrial lands to allow for the expansion and diversification of the employment base. The Scientific Research and Development Park The A YT Applications and proposed retail commercial uses are incompatible with the proposed Holbum Science Park, and the larger, 300 acre Science and Technology Park initiative. Prior to the submission of the subject Applications, the Municipality commenced the undertaking of a secondary plan study, an urban design analysis, and a master drainage plan in regard to the 300 acre area bounded by Highway 401, Haines Street, Highway 2 and Bennett Road. We understand that these studies are scheduled to be completed over the next few months. The A YT lands fall within this study area. It . is contemplated that if the A YT Applications are allowed, the exclusion of these superior prestige industrial employment lands from the Science Park and the adverse economic and physical impact a big box store retail development will have on the surrounding lands will combine to effectively impede the ability to attract scientific R&D companies, including pharmaceutical companies, to the Park. The economic and social benefits to the Clarington community which would have otherwise arisen out of the initiative would not be realized. The Impact on Holburn Approximately three years ago, Holbum advised Municipal Staff and Council of its intentions to purchase lands and provide the catalyst necessary to develop a scientific research and development park. Staff and Council made it clear that they would support Holbum in its endeavours by removing "roadblocks" to development and by assisting in creating an environment required to attract similar research businesses. It was indicated to Holbum that the municipal officials were committed to providing a supportive regulatory regime, including required hard and soft services. The abovementioned studies and analysis were initiated. The Municipality assisted in identifying suitable lands for the Science Park. With the support of, and assurances from, the Municipality, Holbum decided to: (a) purchase the 50 acres fronting on Bennett Road and Highway 2, (b) rezone the property to facilitate the Science Park, and (c) arrange the financing and commence the construction of the first building: a 40,000 square foot, multi-million dollar research facility. A Division of "The Holburn Group of Companies" 200 Baseline Road East, Bowmanville, Ontario, Canada, L 1 C 1 A2 Phone: +1 (905) 623-1484 Fax: +1 (905) 623-6702 mail@holburn.com www.holburn.com Holburn Biomedical Corporation - 3 of 3 It is Holburn's position that, should Council support the A YT Applications, such decision will run contrary to the Municipality's previous statements and actions, as well as to Holbum's expectations. The financial repercussions to Holbum's business and future growth would be significant. In conclusion, for the reasons above, Holbum respectfully requests that the Municipality not allow the proposed amendments. Yours truly, Mark R. Frayne, Counsel and Vice-President c: David Creme, Director of Planning Services A Division of "The Holbum Group of Companies" 200 BaseUne Road East, Bowmanvllle, Ontario, Canada, Lie iA2 Phone: +1 (905) 623-1484 Fax: +1 (905) 623-6702 mall@holburn.com www.holburn.com Attachment 3 To Report PSD-083-06 Report PSD-027 -06 - Commercial Policy Review, Bowmanville West Main Central Area Secondary Plan Review Amendments 43 and 44 to the Clarington Official Plan and Related Amendments to the Zoning By-law and Related Applications By: 1) West Diamond Properties Inc./Players Business Park Ltd 2) Halloway Holdings Limited 3) A YT Corporation 4) Loblaw Properties Ltd. Resolution #C-1 09-06 Moved by Councillor Schell, seconded by Councillor Trim 1. THAT the Commercial Policy Review - Final Report by Meridian Planning Consultants, the Addendum Market Analysis and the Bowmanville West Main Central Area Secondary Plan Review Report by Meridian Planning Consultants and Brook Mcilroy, and staff Report PSD-027-06 be received; 2. THAT Council resolves that a further public meeting on Official Plan Amendment 43 and 44 is not necessary; 3. THAT Official Plan Amendment 43 to the Clarington Official Plan as contained in Attachment 8 to Report PSD-027 -06 be adopted and that the necessary by-law be passed; 4. THAT Official Plan Amendment 44 to the Clarington Official Plan as contained In Attachment 9 to Report PSD-027 -06 be adopted and that the necessary by-law be passed; 5. THAT the by-laws to amend Comprehensive Zoning By-law 84-63 contained in Attachments 10, 11 and 12 to Report PSD-027 -06 to implement portions of Official Plan Amendment Nos. 43 and 44 be passed; 6. THAT Council resolve by separate resolution that the Concept Plan for Development contained in Attachment 2 prepared by Stantec Consulting Ltd. entitled "Proposed Metrus Commercial Development" and the elevation drawings of the proposed Wal-Mart store prepared by Petroff Partnership Architects, dated July 14, 2005, contained in Attachment 3 to Report PSD-027 -06 and the proposed Loblaws Superstore prepared by Turner Fleischer Architects Inc., dated revised July 12, 2005, contained in Attachment 4 to Report PSD-027 -06, be endorsed in principle subject to the submission and review of detailed plans and drawings under Section 41 of the Planning Act; 7 . THAT Council resolve by separate resolution that the Concept Plan for Development contained in Attachment 5 to Report PSD-027 -06 prepared by Sernas Associates and Turner Fleischer Architects Inc., dated January 2006 and the elevation drawings of the proposed Home Depot store prepared by Turner Fleischer Architects Inc. dated revised January 3, 2006 contained in Attachment 6 to Report PSD-027 -06 be endorsed in principle subject to the submission and review of detailed plans and drawings under Section 41 of the Planning Act; 8. THAT the applications to amend the Clarington Official Plan (File No. COPA 2002-009) and to amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2002-026) as submitted by Halloway Holdings Limited be approved to the extent that they are consistent with Amendments 43 and 44 and the related zoning by-laws contained in Report PSD-027 -06; 9. THAT the applications to amend the Clarington Official Plan (File No. COPA 2002-003) and amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2002-004) as submitted by West Diamond Properties Inc. and Players Business Park Limited be approved to the extent that they are consistent with Amendment 43 and 44 and the related zoning by-laws contained in Report PSD-027 -06; 10. THAT the applications submitted by Loblaw Properties Ltd. to amend the Clarington Official Plan (File No. COPA 2000-003) and to amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2002-020) to expand the Clarington Centre to permit an additional 37,200 sq. ft. expansion to the existing supermarket be refused; 11. THAT the application submitted by Loblaw Properties Ltd. to amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2003-043) be approved to the extent that it is consistent with the zoning by-laws to delete the requirement for a supermarket in the Clarington Centre contained in Report PSD-027 -06; 12. THAT the applications submitted on behalf of A YT Corporation to amend the Clarington Official Plan (COPA 2004-007) and to amend the Municipality's Zoning By-law 84-63 (ZBA 2004-055) to permit a large-format retail complex with approximately 54,215 sq. m. of total gross floor area at the northwest corner of Highway 401 and Bennett Road be refused; 13. THAT the Region of Durham be advised that the Municipality of Clarington does not support the approval of the application submitted on behalf of A YT Corporation to amend the Durham Regional Official Plan (ROPA 2004-006); 14. THAT by-laws be passed to authorize the Mayor and Clerk to execute the Principles of Understanding between the Municipality, Players Business Park Ltd. and West Diamond Properties Inc. and 1613881 Ontario Inc., the Principles of Understanding between the Municipality and Halloway Holdings Limited, the Stevens Road Extension Agreement between the Municipality, Players Business Park Ltd., West Diamond Properties Inc. and Halloway Holdings Limited and the Indemnity Agreement between the parties just mentioned substantially in the form of the Principles of Understanding and Agreements contained in Appendices 10 to 13 inclusive; 15 . THAT Planning Staff be authorized to include in its 2007 work prog ram a community improvement plan study for Newcastle Village Centre; 16. THAT staff be authorized to bring a report forward to Council to implement provisions of the Principles of Understanding between the Municipality and Halloway Holdings Limited related to the Site Plan Agreement and Servicing Agreement referred to in Section 11 of Report PSD-027 -06; and 17. THAT notice of Council's decision be forwarded to the Region of Durham and all persons or bodies who requested notification of this decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-11 0-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Recommendations 12 and 13 be replaced with the following: 12. THAT the application submitted on behalf of A YT Corporation to amend the Clarington Official Plan and the Region of Durham Official Plan to permit a large-format retail complex with approximately 54,215 sq. m of total gross floor area at the north-west corner of Highway 401 and Bennett Road be referred back to staff; 13. THAT the application submitted on behalf of AYT Corporation to amend the Municipality's Zoning By-law to permit a large-format retail complex with approximately 54,215 sq. m of total gross floor area at the north-west corner of Highway 401 and Bennett Road be refused; THAT Recommendation 17 be renumbered Recommendation 20 and that the following new items be added: 17 . THAT staff be directed to prepare a position in support of an urban boundary expansion in the Durham Regional Official Plan Review to incorporate the 57 acre parcel owned by A YT Corporation on the north-east corner of Highway 401 /Bennett Road interchange; 18. THAT staff be directed to bring forward an amendment to the Clarington Official Plan to a Public Meeting that provides for: I. The 54 acre parcel of land owned by A YT Corporation on the north-west side of Highway 401/Bennett Road interchange being designated as Prestige Employment Area to permit, among other things, a hotel and conference centre; II. The 57 acre parcel of land owned by A YT Corporation on the north-east side of Highway 401/Bennett Road interchange being designated as a Special Policy Area in the Official Plan that would allow for a 45,000 sq. m. large format retail centre to be zoned sometime after March 1, 2016 provided that the Municipality's population is greater than 116,000 persons and that a full-service hotel and conference centre with a minimum of 100 rooms, a restaurant, and two meeting rooms of approximately 3,000 sq. ft. each is constructed at the Bennett Road interchange; iii. Th e retention of Bennett Road/Highway 401 interchange and the designation of Bennett Road as a Type B Arterial Road. 19. THAT prior to advertising the Public Meeting on the proposed amendment to the Clarington Official Plan, that staff be directed to conclude arrangements with A YT that provides for: I. A YT to front-end 50% of the cost of extending sanitary sewer services along Baseline Road to Bennett Road and the replacement of the deficient section of sanitary sewer between Haines Avenue and Soper Creek, at such time as any other developer in the Bowmanville industrial lands gives written notice to A YT and the Region that it is prepared to enter into a front-ending arrangements to extend sanitary sewer services; ii. A YT to make immediate payment to the Region for transmittal to Holburn Biomedical for repayment of A YT's share of the cost of extending water supply services to the area according to a front-ending servicing agreement with the Region; iii. A YT to pay its front-ending payment under any fronting-ending agreement for the construction of storm-water management facilities at such time as the Municipality issues a certificate of completion for such facilities; iv. At the time of final approval of the rezoning of the lands for large format retail uses at Bennett Road, that AYT contribute $1.62 per square foot approved (adjusted to by the consumer price index from March 1, 2006) to the Municipality in 5 equal annual installments for expenditure in funding programs in support of the Clarington business improvement areas (BIAs) and/or capital improvements projects and grants for an approved community improvement area; v. That A YT be responsible for all costs in preparing such agreements and defending such decision of Council. "CARRIED" The foregoing Resolution #C-109-06 was then put to a vote and "CARRIED AS AMENDED." April 4, 2006 Municipality of Clarington 40 Temperance Street Bowmanville, ON L 1 C 3A6 Attachment 4 To Report PSD-083-06 Walker, Nott, Dragicevic Associates Limited Planning Urban Design Environmental Assessment '06APR04 Pt'l 2:38:17 Attention: Municipal Clerk's Office To Whom It May Concern: Re: Notice of Appeal of Official Plan Amendment No. 43 File No: 04.586 We are the planning consultants for A YT Corporation, owner of the lands on both the east and west side of Bennett Road on the north side of Highway 401, in the municipality of Clarington. Our client has an Official Plan Amendment ("OPA") application and Zoning By-law ("ZBA") Amendment application on file with the municipality for its lands on the west side of Bennett Road. The applications seek permission to develop the subject property for large scale commercial and industrial uses. Since the filing of its applications A YT has taken a keen interest in the development applications that were trigger for OPA 43 and 44 and related zoning by-law changes. Our client has been working with the municipality in an effort to have its applications approved. Because some of the changes reflected in OPA 43 are not consistent with our client's applications, we had also requested that the municipality deal with and make final decisions on the commercial policy review (OPA 43), the development applications that triggered those changes, and our client's application, at the same time so that the decisions on all the matters would be consistent. While Council did not approve our client's applications at the same time as it enacted OPA 43, Council for the municipality did give staff direction on a go-forward plan for approval of the A YT development. Approval of the A YT application must be reconciled with OPA 43 and any implementing zoning by-law. Some of the changes in OPA 43 as drafted would prohibit A YT development if left in the current form. For these reasons our clients have instructed us to hereby appeal OPA 43 to the Ontario Municipal Board. These appeals are limited to those portions of OPA 43 which are inconsistent with our client's development applications. Our client also wishes to make it clear that it is not their intention by filing these appeals to delay the development of the properties in Bowmanville West Town Centre which triggered these amendments. To the extent possible then our appeals may be considered site-specific. nnl1~/ ~.~y @~ ~~~ ~ - 172 St. George Street Toronto, Ontario M5R 2M7 TEL 416 / 968-3511 FAX 416 / 960-0172 e-mail: admin@wndplan.com web: wwwwndplan.com Peler R. Walker. FClP. RPP Wendy Noll, FClP. RPP Robert A. Dragleevle. MClP. RPP PrinCipals Jason C. Wu. MRAIC. OM Gregory J. Daly, MClP. RPP Associate Pnnclpals Martha Coffey Controller / ///' / ///'/, ////~/, ;//: /// /' d~ ,/>/ ': /~ ~~/~~;; ~//,://./%.. ,~.~ //;:~/ ~/~~ ~'~%:::~.~'~ ,:;. //'i~/~~ ///ifff/. tv1uniCtpaUty of Clarington Cleckls Office April 4, 2006 Page 2 File: 04,586 Enclosed please find a cheque in the amount of $125 made payable to the Minister of Finance, in payment of the appeal fee. Thank you. Yours very truly, WALKER, NOTT, DRAGICEVIC ASSOCIATES LIMITED Planning' Urban Design' Environmental Assessment ,~ ~/L .,/dN~IL,L- Peter R. Walker RPP FCIP President and Senior Principal Enc. cc. A YT I ra Kagan Roslyn Houser NVest Diamond Properties Inc/Players Business Park Ltd) Lyn Townsend-Renaud (Halloway Holding Limited) Steven Zakem (Loblaw Properties Inc) 05/12/2005 11:30 4158547404 May 26, 2006 By Fax Mr. Dennis Hefferon Bani ster and Solicitor Royal Bank P1a:z8, South Tower 200 Bay Street, Suite 2600, P.O. Box 185 Toronto, Ontario M5J 2J4 Ms. Lyn Townsend-Renaud Barrister and Solicitor 1400 Cornwall Road, Suite 2 Oakvil1e, Ontario L6J 7W5 Mr. Stanley Stein Osler, Hoskin & Harcourt LLP 1 First Canadian Place P.O. Box 50, Station 1st Canadian Place Toronto, Ontario M5B 1B8 Dear Sirs and Madames: Re: OP A 43 & 44, Muntdpality of Oarlngton Ou.. client; A YT Corporation DENNIS HEFFERO Attachment 5 To Report PSD-083-06 Ira T. Kagan Tel: 416-368-2100 Ext.226 Direct Fax: 41&324-4224 E-mail: :1.._--@kz.f.4!.OOID ~--...........__.t::...........__.... File II 04254 Ms. Roslyn Houser Goodmans, LLP 250 Yonge Street, Suite 2400 Toronto, Ontario M5B 2M6 Ms. Patricia Foran Aird & Berli s LLP BeE Place. Suite 1800, Box 7S4 181 Bay Street Toronto, Ontario MSJ 2T9 Mr. JeffOoldenberg Fogler Rubinoff LLP Royal Trust Towel' Toronto-Dominion Centre. Suite 4400 Toronto, Ontario M5K 108 This letter is further to the last attendance (Prehearing Conference) before the Ontario Municipal Board. At that attendance we advised all parties and the Board of the limited nature of our client's appeal. We wauted to confirm those submissions and clarifY oW' client's position with p.l 188 Avenue Road, Thronto, Ontario M5R ~J1 Phone:(416) 368-2100j Fax:(416) 368-8206 05/12/2005 11:30 4158547404 DENNIS HEFFERON LAW PAGE 03/03 respect to its applications and appeal ofOPA 43. Our client is NOT opposed to the developments permitted by OPA 44 (and the implementing zoning by-law amendment) and has not appealed those approvals. Our client has only appealed OPA 43 and does So on a limited and site.specific basis. Our client's concems With OPA 43 are limited to the lands it owns on both the east and west side of Bennett Ro8.d. from Highway 401 to Baseline Road. To this extent our client's appeat is site-specific. Our client concern is also limited to the following four (4) poliCies in OPA 43: . Policy 16 . Policy 21 . Policy 53 . Policy S8 Our client ha.s appealed OPA 43 because of the timing oftbc passage ofOPA 43 in relation to the timing of the municipality's final decision on the A YT development applications. Our appeal i~ therefore, technical insofar as our client hopes to be able to withdraw its appeal to OPA 43 if and when the munioipality approves the A YT development application. We also wish to confinn that our clients are not seeking to have the retail pelnlissions they are seeking take effect until 2016. Our client's applications propose that the planning documents allow retail permissions, but not until 2016. We trust that this in understanding our client's position. Yours very truly, ~~ Ira T. Kagan cc. A YT Corporation Peter Walker and Mary Feehely ll.;~"'\^ Yl'Il.otlonlAlI C.....I w~ 26. 2006.D.. p.2 188 Avenue Road, Toronto, Ontario M5R ~l Phone:(416) 368-2100; Fax: (416) 368-8206