The URL can be used to link to this page

Home My WebLink AboutPSD-083-06 Addendum REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, January 8, 2007 Addendum To Report #:File No’s:By-law #: PSD-083-06 ROPA 2004-006, COPA 2004-007 & ZBA 2004-055 Subject: APPLICATIONS BY AYT CORPORATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN, THE CLARINGTON OFFICIAL PLAN, AND THE MUNICIPALITY OF CLARINGTON ZONING BY-LAW 84-63 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 Addendum Report to PSD-083-06 be received; 2. THAT Council Resolution #C-110-09 be rescinded; 3. THAT the applications submitted on behalf of AYT 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 583,600 sq. ft. of total gross floor area at the northwest corner of Highway 401 and Bennett Road BE REFUSED; 4. THAT the Region of Durham be advised that the Municipality of Clarington does not support the approval of the application submitted on behalf of AYT Corporation to amend the Durham Regional Official Plan (ROPA 2004-006); and 5. THAT a notice of Council’s decision be forwarded to the Region of Durham and all persons or bodies who requested notification of this decision. Submitted by: Reviewed by: David J. Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer DJC/RH/df December 18, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: Addendum to PSD-083-06 PAGE 2 1.0 BACKGROUND 1.1 The Commercial Policy Review (CPR) was the first component of the review of the Clarington Official Plan. It was initiated in response to commercial development applications in the Bowmanville West Main Central Area, which could not be considered without a “comprehensive review of the Official Plan”. 1.2 The CPR also provided for a second phase of study, which was linked to consideration of private development applications in the Bowmanville West Main Central Area and provided recommendations to update the Secondary Plan. 1.3 A complete background to the Commercial Policy Review is contained in Report PSD- 027-06. This Addendum Report to Report PSD-083-06, which was considered on June 19, 2006, seeks to determine Council’s position on the outstanding municipal development applications and Ontario Municipal Board appeal by AYT Corporation (AYT). 2.0 AYT RETAIL PROPOSAL 2.1 The AYT lands are located at the northwest quadrant of Bennett Road interchange of Highway 401 in Bowmanville. This 21.85 ha site is the subject site of the development proposal (see Attachment 1: Report PSD-083-06-Attachment 1). The AYT applications propose to amend the Durham Regional Official Plan, the Clarington Official Plan and the Zoning By-law to permit a total of 583,600 sq. ft. of large format commercial floor space consisting of: ? an 80,000 sq. ft. home improvement store; ? a 145,000 sq. ft. warehouse membership club; ? 225,000 sq. ft. of additional retail floor space in approximately 9 medium format-retail stores; ? 35,000 sq. ft. of restaurant space in 7 separate pads; and ? a 5 storey hotel and convention centre. 2.2 On June 28, 2005, Staff reported on the applications by AYT to amend the Clarington Official Plan and the Municipality’s Zoning By-law. Report PSD-097-05 is contained in Attachment 1: Report PSD-083-06-Attachment 2. Staff recommended that the applications be refused on the following basis: ? Retail market impacts from the AYT project are significant. ? Retaining the site for industrial uses is important for diversity of employment opportunities. ? Retaining key employment sites along Highway 401 is vital for Clarington to achieve its industrial development and employment goals. REPORT NO.: Addendum to PSD-083-06 PAGE 3 ? A big box centre is contrary to the intent of, and would indeed thwart, the Municipality’s science and technology initiative. It is an incompatible and competing vision for the area. ? The designation of the AYT lands for commercial uses does not support or contribute to good urban form or transit-oriented development and it would diminish the focus of retail growth along the King Street spine. ? Approving the AYT application would “lock in” the Bennett Road interchange and would have a major impact on the planned transportation network in Bowmanville for a new interchange at Lambs Road to serve East Bowmanville. 2.3 At the June 28, 2005 meeting, Council referred the report back to staff for further consideration. AYT had proposed two significant items of interest to Council. The first was the promise to try to attract a hotel to the site at Bennett Road and Highway 401. Specifically, the proponent indicated that he could attract a Hilton Hotel and Conference Centre. The second was a proposal to extend services to the east Bowmanville Industrial Area “as a public benefit”. 2.4 With respect to the AYT application, staff recommended that: ? THAT the applications submitted on behalf of AYT 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; ? THAT the Region of Durham be advised that the Municipality of Clarington does not support the approval of the application submitted on behalf of AYT Corporation to amend the Durham Regional Official Plan (ROPA 2004-006). 2.5 The Resolutions of the March 1, 2006 Council meeting are attached (see Attachment 1: Report PSD-083-06-Attachment 3). Council did not adopt Staff’s recommendations noted above with respect to the AYT application but rather adopted an amending Resolution #C-110-06 which reads as follows: 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 AYT 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 AYT 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 AYT Corporation on the north-east side of Highway 401/Bennett Road interchange being REPORT NO.: Addendum to PSD-083-06 PAGE 4 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. The 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 AYT that provides for: i. AYT 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 AYT and the Region that it is prepared to enter into a front- ending arrangements to extend sanitary sewer services; ii. AYT to make immediate payment to the Region for transmittal to Holburn Biomedical for repayment of AYT’s share of the cost of extending water supply services to the area according to a front- ending servicing agreement with the Region; iii. AYT 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 AYT be responsible for all costs in preparing such agreements and defending such decision of Council. 3.0 APPEALS 3.1 Subsequent to Council’s Resolution, AYT did not engage in any substantive discussion on the requirements included in the res`olution. To the contrary, AYT filed an appeal to Amendment #43 to the Clarington Official Plan (see Attachment 1: Report PSD-083-06-Attachment 4). REPORT NO.: Addendum to PSD-083-06 PAGE 5 3.2 During the intervening period, AYT has scoped down their appeal to Amendment #43 to four policies and only as they apply to lands in their ownership on both sides of Bennett Road, immediately north of Highway 401 (Attachment 1: Report PSD-083-06-Attachment 5). 3.3 At the present time, the AYT appeal has been “deconsolidated” from the appeal by Loblaw’s Properties, in order that it may be heard separately. It is scheduled to be heard by the Board on a separate hearing date sometime after September 2007. 3.4 The purpose of this report is to determine Council’s position on the private applications to enable staff to prepare for the upcoming hearing. 4.0 RECOMMENDATION 4.1 It is staff’s ongoing position that the AYT application does not represent good planning for the Municipality for the reasons identified in previous reports. Accordingly, it is recommended that Council’s Resolution #C-110-06 be rescinded and that the private applications to amend the Clarington Official Plan (COPA 2004-007) and the Municipality’s Zoning By-law 84-63 (ZBA 2004- 055) be refused. It is further recommended that the Region of Durham be requested to deny the application submitted to amend the Durham Regional Official Plan (ROPA 2004-006). Attachments: Attachment 1 – Report PSD-083-06 REPORT NO.: Addendum to PSD-083-06 PAGE 6 List of interested parties to be advised of Council's decision: Henry Joseph Paul & Anne-Marie Halliday Ari Yasa John Huber Ron Worboy James Scarth B. Westerman John and Lilian Bouma Bob Hann, Valiant Property Mgmt. B. Haines John Vanderkooi Lilly T. Hinton Gwen Wallace Mary-Ann Kalotai Lyn Townsend, Lynda Townsend-Renaud Law Diane James Brent Clarkson, MHBC Planning Limited Costantine Bruno Heather Muir Richard Rekker Carol Duffy Alan Vaillancourt Bruce Curl Mavis Carlton Jim and Suzanne Gregory Rick Hofstede Stan Stein, Osler Hoskin & Harcourt The Greater Toronto Transit Todd Gibbon Robert DeGasperis, Metrus Properties Inc. Bill Humber Yolanda Gjaltema Linda Moore Marianne Zwyers Ron Hooper Lakeshore Group George Kloos Carmine Cupelli Richard Lange George Ibanez Leroy Clarke Lawrence Hellinga Ted Watson R. Tukker Hannu Halminen, Halminen Homes Limited A. Sorg Jennifer Stone, This Week Newspapers Bryan MacLean Brian O’Connor Linda Hallett and George Ioanidis Richard Marchant Doug Woods David Butler, The Butler Group Inc. Frank W. Lockhart Peter Smith, Bousfields Inc. J. Sproatt Bryce Jordan. G.M. Sernas Associates Mike Dome Carmela Cupelli Celeste Terry, Durham Regional Planning Scott Houghton Gail Rickard Nancy Lewis James Vinson Maryann Fines Ian Smith E.C. Braham Anthony Turnbull Sue Sedlak Evelyn Rosario N. Gummon Suzanne McCrimmon, Clarington Board of Otto Provenzano Trade S. Fraser Jim Russell Bill Hinbert John Shewchuk, Royal LePage Frank Real Doug Finnson and Terri Bickwell-Potts Estate Duncan McPherson Paul Wilson Trevor Small Philip Brent Ellen Cowan Peter Walker, Walker Nott Dragecivic Peter Vogel Associates Limited Ray and Joyce Atkinson Steve Zakem, Aird & Berlis LLP Margaret Zwart Scott Arbuckle, Planning & Engineering Ira Kagan, Kagan, Shastri, Barristers & Sol. Initiatives Ltd. Brian Fraser David Crowell, A & P Properties Limited Mark Rowe Terry and Phyllis Price Rudi Van Wijngaarden Roslyn Houser, Goodmans LLP REPORT NO.: PSD-083-06 PAGE 7 Lawson Gay, Gay Company Limited Andrea Gabor, Urban Strategies Inc. Robert Bond Murray Patterson Valentine Lovekin Ernest Burnie Gary Thertell Blair McEven Ron SteadKevan Hoskin Catherine Whyte Jayne Salisbury Tenzin Gyaltsan, Newcastle IGA Karen & Leon Devera Ron Carlyle Allan Frank Beatrice & Ron Whyte Connie Gawley Elliot & Joan Tremeer Ton & Sally Barrie Eugene Dupuis Walter Schleiss Paul Mark, Petro Canada