HomeMy WebLinkAboutPSD-083-06 Addendum
Clwiggl6H
UNFINISHED BUSINESS
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Monday, March 26, 2007
CP/1 ,;J:5b,07
Addendum To
Report #: PSD-083-06 File No's: ROPA 2004-006, COPA 2004-007
& ZBA 2004-055
By-law #:
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 Report PSD-083-06 be lifted from the table;
2. THAT Report PSD-083-06 and Addendum Report to PSD-083-06 be received;
3. THAT Council Resolution #C-11 0-09 be RESCINDED;
4. 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;
5. THAT the Region of Durham be advised that the Municipality of Clarington recommends that the
application submitted on behalf of AYT Corporation to amend the Durham Regional Official Plan
(ROPA 2004-006) BE REFUSED; and
6. 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:
. ()fl-a..Q Q <:In "
Reviewed by: ~ LJC..JC{
Franklin Wu,
Chief Administrative Officer
D id . rome, M.C.I.P., R.P.P.
Direct r of Planning Services
DJC/RH/df
21 March 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 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". The Clarington Commercial Policy
Review: Final Report was forwarded to Council under separate cover. The CPR
resulted in Official Plan Amendment 43 (OOPA 43).
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. The Secondary Plan update
was implemented through Official Plan Amendment 44 (OPA 44).
1.3 Several reports have been prepared on the development applications by A YT
Corporation (AYT). Most recently report PSD-083-06, previously considered by the
General Purpose and Administration Committee on June 19, 2006, was tabled. This
Addendum to Report PSD-083-06 seeks to determine Council's position on the
outstanding AYT applications. In light of AYT's appeal of portions of Amendment 43 to
the Clarington Official Plan, it is desirable to finalize a position on these outstanding
applications prior to the Ontario Municipal Board convening a pre-hearing conference.
2.0 AYT RETAIL PROPOSAL
2.1 The A YT lands are located at the northwest quadrant of the 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 A YT
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.
REPORT NO.: ADDENDUM TO PSD-083-06
PAGE 3
. Retaining key employment sites along Highway 401 is vital for Clarington to achieve
its industrial development and employment goals.
. 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 A YT 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 A YT 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 it 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 On March 1, 2006, Staff reported on the Commercial Policy Review including the
recommended amendments to the Clarington Official Plan and Zoning By-law. It also
dealt with the various commercial development applications including those by A YT,
Halloway Holdings Inc., West Diamond Properties Inc. and Loblaw Properties Inc. The
proposals from AYT with respect to the servicing of the East Bowmanville Industrial
lands and a hotel were also reported on at that time.
2.5 With respect to the AYT applications staff recommended:
. 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; and,
. 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).
2.6 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 A YT application but rather adopted an amending
Resolution #C-11 0-06 which reads as follows:
THA T Recommendations 12 and 13 be replaced with the following:
12. THA T the application submitted on behalf of A YT Corporation to
amend the Clarington Official Plan and the Region of Durham Official
REPORT NO.: ADDENDUM TO PSD-083-06
PAGE 4
Plan to permit a large-format retail complex with approximately 54,215
sq. m of total gross floor area at the north-west comer of Highway 401
and Bennett Road be referred back to staff;
13. THA T the application submitted on behalf of A YT 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 comer of Highway 401 and Bennett Road be refused;
THA T Recommendation 17 be renumbered Recommendation 20 and
that the following new items be added:
17. THA T 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 comer of Highway 401/Bennett Road interchange;
18. THA T 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. The retention of Bennett RoadlHighway 401 interchange and the
designation of Bennett Road as a Type B Arterial Road.
19. THA T 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
Holbum Biomedical for repayment of A YT's share of the cost of
REPORT NO.: ADDENDUM TO PSD-083-06
PAGE 5
extending water supply services to the area according to a front-
ending servicing agreement with the Region;
1/1. 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 A YT 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.
2.7 After Council adopted Resolution #C-110-06, staff requested clarification from AYT with
respect to their position on the financial conditions contained in the resolution. There
was no substantive response on these particular issues, however, the A YT
representatives referenced the previous correspondence based on the approval of their
applications or an agreed-to compromise.
2.8 On April 4,2006 AYT filed a Notice of Appeal of OPA 43 (see Attachment 1: Report
PSD-083-06-Attachment 4). The Notice of Appeal noted that they had requested that
the Municipality deal with the A YT application at the same time as the CPR so that the
decisions on all matters would be consistent. It was the applicant's view that Council
had given a "go-forward plan for approval of the A YT development" and that this needed
to be reconciled with OPA 43 and any implementing zoning by-law.
2.9 AYT did not file an appeal on Council's refusal of their zoning application.
2.10 On May 26, 2006, A YT's solicitor submitted a letter to narrow the scope of their appeal
of OPA 43 to be specific to the lands that they own on the east and west sides of
Bennett Road and only with respect 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 in Light Industrial Areas.
REPORT NO.: ADDENDUM TO PSD-083-06
PAGE 6
2.11 As staff were preparing to report to Committee on the Durham Regional Official Plan
Review, a meeting was convened with AYT representatives on June 12, 2006 to
ascertain their position on Council Resolution #C-11 0-06. This was needed in light of
the directive of Council to provide a position of support for an urban boundary
expansion to accommodate the proposed commercial project on other lands AYT owns.
At the meeting, AYT's representatives advised that Municipality's proposal to provide an
urban boundary expansion for the large-format commercial project was highly
speculative in light of the pending Provincial Growth Plan. AYT did not view Council
Resolution C#11 0-06 as an acceptable compromise.
2.12 On June 19, 2006, staff reported with a recommended position on the Durham Regional
Official Plan Review (PSD-084-06). At that time, the Region proposed Urban Boundary
Expansion Areas in Clarington that did not include the AYT East Parcel. Staff made
recommendations to Council on various proposed urban boundary expansions but
requested direction from Council on the position to take with the AYT lands.
Through a companion report (PSD-083-06) staff reported in more detail on the status of
discussions with AYT. Since Council Resolution #C-110-06 was not acceptable to AYT,
staff sought further direction from Council.
The GPA Committee and subsequently Council adopted a position on the Durham
Regional Official Plan that did not support an urban boundary expansion for AYT lands.
Committee also tabled consideration of Report PSD-083-06.
2.13 All of the appeals related to the Commercial Policy Review have been settled with the
exception of A YT. This has been deferred to-date to allow the Municipality to deal with
the other appeals and for the Municipality to finalize its position on the development
applications by A YT. The OMB is anxious to schedule a pre-hearing conference to deal
with this appeal. Most recently, on March 7, 2007, the OMB contacted the solicitors for
AYT and the Municipality with respect to progress on the consideration of the
applications. The OMB has been advised that Council will be considering a report on
the outstanding AYT applications and will be advised of the decision sometime after
April 2, 2007.
3.0 COMMENTS
3.1 On June 13, 2006 the Growth Plan for the Greater Golden Horseshoe came into effect.
The Growth Plan establishes a process with provincial oversight on "where and how to
grow". Among the important factors for Durham are reduced growth forecasts than
previously used by the Region, strong controls on urban boundary expansions and a
requirement for 40% of new development to be achieved through intensification of built-
up areas.
3.2 The Provincial Growth Plan would effectively prevent the Municipality and the Region
from making an arrangement with A YT on the basis of an urban boundary expansion.
The compromise arose from Council's desire to see the A YT lands on the west side of
Bennett Road be retained for industrial purposes, within the context of the Clarington
REPORT NO.: ADDENDUM TO PSD-083-06
PAGE 7
Science and Technology Park initiative. The premise of Council resolution #C-110-06,
specifically the urban boundary expansion, is no longer valid.
3.3 Staff note that Council's direction to staff to prepare a position in support of an urban
boundary expansion to accommodate A YT's commercial proposal on the east side of
Bennett Road was implicitly rescinded when Council took a position not to support an
urban boundary expansion during the consideration of the Durham Regional Official
Plan.
3.4 The AYT application can only be considered in the context of the applicant's proposal
for large-format retail development on the West Parcel. In this regard, Council must
determine whether this large-format retail proposal is appropriate in the long term
interests of the Municipality.
3.5 Staff do not support the approval of the development applications by AYT on the basis
of the planning and market rationale outlined in previous reports and summarized in
Section 2.2.
3.6 One of the other components of Council's resolution was that the A YT large-format retail
centre be permitted by official plan policy to only be zoned after 2016, thereby phasing
this proposal to address potential impacts on the planned function of Town Centres and
other retail commercial areas. Staff does not support this approach for the following
reasons:
. The retail market analysis undertaken for the Commercial Policy Review does not
provide a sound basis for this proposed phasing. The retail market analysis was
undertaken on the basis of consumer surveys in 2003. The analysis becomes less
accurate over time as shopping patterns, merchandising and consumer preferences
change.
. Assuming AYT was designated to be constructed in 2016, this would soak up retail
capacity that would potentially prohibit the Municipality from considering any other
commercial applications in Bowmanville, Courtice or Newcastle through this period.
It would effectively have to be considered as approved f1oorspace. As a result, this
leaves the Municipality with a lack of flexibility to address evolving trends and
proposals. For example, through the Growth Plan conformity exercise, there would
be less potential to consider mixed-use developments in intensification areas which
include ground floor retail.
3.7 The General Purpose and Administration Committee heard the update presentation on
the Science and Technology Park Study on January 22, 2007. Background research
confirmed that in comparison with other sites in Durham Region, the Employment Lands.
near Bennett Road, including the AYT site, is a superior industrial site with a competitive
advantage over many other sites. There is the opportunity to plan and develop these
lands as a superior business park.
REPORT NO.: ADDENDUM TO PSD-083-06
PAGE 8
3.8 Any designation for commercial purposes, even with a deferred construction timeline,
would have the effect of impacting land values and negating Council's other objective
for early economic development of the East Bowmanville lands, specifically the Science
and Technology Park Initiative.
4.0 CONCLUSION
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-11 0-06 be rescinded and that the private
application to amend the Clarington Official Plan (COPA 2004-007) be REFUSED.
4.2 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).
4.3 The application to amend the Municipality's Zoning By-law 84-63 (ZBA 2004-055) was
refused by Council on March 1, 2006 and has not been appealed by the applicant.
Attachments:
Attachment 1 - Report PSD-083-06
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 Buller 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
ADDENDUM TO REPORT NO.: PSD-083-06
PAGE 9
Mark Rowe
Rudi Van Wijngaarden
Paul & Anne-Marie Halliday
John Huber
James Scarth
John and Lilian Bouma
B. Haines
Lilly 1. Hinton
Mary-Ann Kalotai
Diane James
Constantino 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. S proatt
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
Scott Arbuckle, Planning & Engineering
Initiatives Ltd.
David Crowell, A & P Properties Limited
Terry and Phyllis Price
Roslyn Houser, Goodmans LLP
Lawson 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 Addendum Report PSD-083-06
CJ![mgton
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 #:
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
DJC/sn/df
June 14, 2006
f
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 AYTs application is to redesignate
industrial land for use for large format commercial purposes. AYT 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-Puf1Jose 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 AYT 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 AYT made deputations verbally and in writing at various
meetings that the consideration of their application would provide two public "benefits"
to the Municipality. AYT 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 151, 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 AYT rezoning application but referred the applications by AYT 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
AYT 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, AYT Corporation filed a
Notice of Appeal of the Amendment (Attachment 4). The Notice of Appeal notes that
OPA 43 is not consistent with the AYT 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 AYT 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."
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 AYT did not appeal Council's refusal of AYT's application to amend the Zoning By-law.
3.0 AYT'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 AYT 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 AYT 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 15\ 2006 was not an acceptable
REPORT NO.: PSO-OS3-06
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 151 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 AYT applications as proposed. The
proponents have advised that Council's Resolution #C110-06 is not acceptable to AYT.
Further, it is noted that AYT 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)
r._
I:
I:
OJ ill ill ill ill ~ ~
IiE3l
E:::3
E:::3. 11..... ,.,~, 'Ii..
.
. I ~ fiill ffi fi ill ill rn ill ill ill ~ ~ ill
~~. IUD mmrT\.
\~ 1'I~mmm~m~~I!.
I: IWWWWWWww E3
\).. ~~ .. J"
l'iffii' I' -
-
I" ~ "" ~
I E3l d:::, . ~
',Willillill 5 s \ ~
1\11 I])mBl,ra ~\
,I " ~ \!!!!!3
b .. (I.. ,) \
1 1 :1
1 I \
1 I
I I :1 \
,J ~ \
\ \
~
Highw. .
'Y 401
Net~Area-20.37ha
GFA. '" :54,215 sq.m.
:l.583.SIlCISq.ft.
lotCatef8Q8.. 26.6'%
Parking Space& ProvIded '" :!: 2.728
---
ZBA 2004-055
Zoning By-law Amendment
COPA 2004-007
, Claringlon Official Plan Amendment
3n~~
~~
ROPA 2004-006
Regional Official Plan Amendment
......
'~~I;;
Owner: A YT Corporation
Attachment 2
To Report PSD-083-06
CJ~gron
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)
Subject:
REVISED OFFICIAL PLAN AMENDMENT AND REZONING
APPLICATIONS TO PERMIT RETAil COMMERCIAL, lARGE FORMAT
RETAil, AND HOTEL USES
APPLICANT: AYT CORPORATION
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:
Reviewed bYe.) ~--..:::. ~ "-
Franklin Wu
Chief Administrative Officer
ad. Creme, M.C.I.P.,R.P.P.
Director, Planning Services
RH/CP/DC/lw/df
23 June 2005
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-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 floors pace, large format
warehouse club retail floorspace, 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 AYT 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 comer 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 OMS 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 f100rspace 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 concem 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
AYT 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 AYT 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 Holbum 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 penmit
development of 54,215 sq.m. (583,585 sq. ft.) of retail commercial and restaurant
f1oorspace, 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 f100rspace as both west Bowmanville commercial applications combined.
Council should consider f100rspace being released in phases.
. The AYT 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 Holbum 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 "B" 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 Reoion 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 "8" 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 Clarinoton 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, AYT 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 chlorination 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 STAFF 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 implications of the AYT 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 AYT 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.: PSD-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 thEm 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 beasfollows:
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 f100rspace 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, particuiarly 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 Iive-
work balance to address the gridlock created by extensive commuting;
and, .
. The presence of an industry like Holbum 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 GTA wide phenomena
and a longer term view is essential to preserve opportunities for future
economic prosperity, employment diversity and live-work relationships
. The AYT 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 A YT 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 GTA 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 AYT site is one
of them.
Retaining industrial lands with prime Highway 401 frontage is vital for
C/arington 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 GTA 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 industries, 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 AYT location
would not likely provide these opportunities. Moreover, the development of
the AYT 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 pemnitted 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 detemnine 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 Bowmanvilfe 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
b~fu~~~~~ .
. 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 AYT proposal would remove the premiere industrial site in Bowmanville
and the potential to attract a high profile industry.
. 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 Municipi:t1ity'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)
If.
I:
I:
~illillill'ill' ~ :~
. I:
., ., ~.
Ii"
Jghway
401
L__'U5~
Net DeveIopmEInt />lea .. 20.37 ha
GFA._:l:S4,215sq.m.
:t5e3,560Sq.ft.
Lot CcMnge" 26.6%
Parking Spaces Pravided.. :I: 2,728
~
--
ZBA 2004-055
Zoning By-law Amendment
COPA 2004-007
Clarington Official Plan Amendment
. ROPA 2004-006
. Regional Official Plan Amendment
:-1
-.
_. . 40,
~,... n.. :' .~... tI
~..~
.~\l'.'~
""GhW...... ~
'\~~I;;
Owner: AYTCorporation
ATTACHMENT 2
THE LAW OFfICE OP LYNDA TOWNSEND REN!A.UO
March 9, 2005
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
. L1C3A6
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 1HZ
Attention: Mr. Bob Lehman
Urban Metrics
144-140 Front Street West
Suite 400
Toronto, Ontario
M5J 2L7
Attention: Mr. Doug Annand
Dear Sirs:
Re: Application to Amend the Durham Regional Official Plan
and Clarington Official Plan
AYT 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).
~iui~n~ :;t. \400 ~OR~'IIi\i~Ai..L kOi.!;"i.). OAt...\j;~L~bJ ON1A~'UO l"::;..J; 2'\\'C;
PHONE: 905 829 8600 . FACSIMILE: 905 829 2035
Iyn.townsend@on.aibn.com
Municlpallty of CIarlnglon
Mr. Carlo Pel1arln
March 4. 2005
Page 2
bur UnderstandinCl 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 Ught 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 urbanMetrics, 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.
Valianfs Interest in These Mallers
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 Nea and is designated Retail Commercial in. the
Bowmanville West Main Central Area Secondary Plan. Valiant began assembling the land In
thls quadrant of the Main Central Area after it was designated Retail Commercial. Valiant's
_ ,_ _ _ application 10 "llmendthe" Official1"larrwas-on1y n<lCe"SS"llryin'order to ano~te fIoorsp"ll"Ce from" - - -
the next threshold of the Secondary Plan's phasing policy. The Valiant site comprises the
only lands designated Retail Commercla.1 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 fioorspace including a Home Depot store.
Valiant has two potential concems 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 concem would be if the early development of the AYT sile would create an
unacceptable market impact on the Bowmanville West Main Central Area In general and the
Valiant sile 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 An site, if
at all, until the Valiant site is built out. The Draft Rnal 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
MunlclpaJlly of Clarlnglon
Mr. Ca~o Pelarln
March 4, 2005
PageS
to the growing population. In addition, they form the 'nodes' afong Clarington's main
street, a key element of the fang term urban structure objectives...
16. Consistent with the current Officiaf Plan policy other new centres or commercial areas
should not be created over th.e five year term.
20. The Bowmanville Regional Centre...as well as the Courtice Centre, Courtice West
Pistrict and the Newcastle Village Downtown District should have sufficient fand areas
designated with boundaries provided for in Secondary Plans to allow for additional
commercial development in the range of 720,000 square feet of gross leasable floor
space. This growth could occur in the eXisting designated areas andlor 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 A YT site to the Municipality's
commercial land supply at this time,
Retail Market Imoact Analvsis
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 AYT application to proceed, 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 f100rspace wiIf not unduly affect the viabffity of any designated Central
Area on Map Wand Central Areas and Specific Purpose CommercIal Areas designated In
area municipal officiaf 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
unduiy 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
floors pace 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
Muolclp'lly of Cl,rlogton
Mr. Carlo Penarlo
Marcl14,2005
Page 4
has recommended not to make a distinction as to the type of f1oorspace. We have indicated
Vaiianfs 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 iikely 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
concem 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 Waverly Road and Baseline Road. It is also our
understanding that the A YT application proposes a third home improvement centre. Given the
specific concem about the market impact of home improvement centres, we have explored
this issue In some depth.
At the outset, it must be understood that the market impact component of the CPR has not
concluded that only one home improvement centre can be bullt 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 Imorovement Centre - One home Improvement centre can proceed by
2007, without impacts on existing retailers in Clarington. As noted earlier
although onlv one home imorovement centre has been evaluated. our analysis
does not preclude another store entering the mamet. With continued market
growth, the available residual potential in other store categories which sell
home improvement merchandise, and the opportunityfor Increased recapture
of sales form outside of Clarington In the future, would not preclude another
home improvement centre from entering the market beyond 2007. It is not
exoected that the ImDacts of two such stores would be sionificantlv. areater
than one store aiven the limited facilities in Clarinoton at the cresent 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 infonnation 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 T organ lands
ere already designated, we submit that any market impact analysis being conducted for the
Munlclpall~oI Clarington
Mr. Carlo Pellarln
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 jf 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-operatad with the Municipality in working through the process of removing the floorspace
caps that have prevented the site from developing to date. Valiant's concems 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 ofthe 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. .
SEND RENAUD
-
Encl.
cc: Mr. R. Hann, Valiant Property Management
Mr. B. Jordan, Samas Associates
Mr. R. Dee, Robin Dee and Associates
Mr. Carlo Pellarin, Municipality of Clarington
\
'.
ATTACHMENT 3
HOLBURI~
HOLBURN
BIOMEDICAL
CORPORATION
February 18, 2005~
TO: AVID CR ME, M.C.!.P., R.P.R. fax: 905-623-0830
irectorof lanning Services
FROM:
MARK R. FRIWNE
Dear Sir,
Apolication to Amend Clarinqton Official Plan and ZoninCl By-Law
Your File: COPA 2004-007 and ZBA 2005-055 .
I am writing this submission on behalf 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. Our 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.
Yours trulY~ ~ j
1tQ1i /"
! N\., \J
Mark R. Frayne
Counsel and Vice-President
CONFIDENTtAlllY NOTICE: The informaion contained in this facsimile (including the etIBched pages) is for the
atlention of the addressee only. Any dIsclosure or reproduction of lhese pages is prohibited. The infoJ1T1ation herein
remains the property of Holbum Biomedical Corporation. Should this facsimile be received by anyone other than the
addressee, please immediately telephone the number below, to arrange for the return of these documents. .
An independent member of "The Hotbum Group of Companies'
200 Baseline Road East, Bowmanville, Ontario, Canada. Lie 1 1'.2
Phone: +1 (905) 62~1484 Fa><: +1 (905) 623-6702 mall@holbum.com www.holbum.com
HOLBURN
HOL8 ATTACHMENT 4
BIOMEDICAL
CORPORATION
May 12, 2005
Clerk's Department
2nd Floor
40 Temperance Street
Bowmanville, ON,
L 1 C 3A6
Dear Sirs,
Re: A YT Corooration Aoolications
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 recommeridation because we believe that: (a) it is based on
sound planning principles regarding futurecommerciai development, and (0) 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,
p'l>slige Industrial busln"",ses. 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 AYT Applications and proposed retail commercial uses are incompatible with the
proposed Holburn 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 AYT 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, Holburn 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, Holburn 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, Bowmanvllle, Ontario, Canada, L 1 C 1 A2
Phone: +1 (905) 623-1484 Fax: +1 (905) 823-6702 mail@holburn.com www.holbum.com
. Holbum Biomedical Corporation - 3 of 3
It is Holburn's position that, should Council support the AYT Applications, such decision
will run contrary to the Municipality's previous statements and actions, as well as to
Holburn'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 Crome, Director of Planning Services
. . A Division of "The Holbum Group of Companies" .
200 Baseline Road East, Bowmanvllle, Ontario, Canada, L1C lA2
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.lPlayers 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 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;
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 program 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-110-06
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 AYT 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
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 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. 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 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;
Hi. 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.
"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 1C 3A6
Attachment 4
To Report PSD-083-06
Walker, Noll, Draglcevic
Associates Limited
Planning
Urban Design
Environmental Assessment
'06APR04 PM 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 AYT 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 AYT development. Approval of
the" AYT 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.
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.
n~Il~~
~p
~~
~4
.
172 St. George Street
Toronto, Ontario
M5R 2M7
TEL 416/968-3511
FAX 416/960-0172
a-mail: admin@wndplan.com
web: lNWW.wndplan.com
Pel<< R. Walker, FClP, RPP
Wendy Nott,fClP,RPP
RClbert A. Draglcevlc, MCIP. RPP
Plil'lctpals
Jason c. Wu, MRAIC, OAA
GregoryJ. Daly, MCIP, RPP
Assac'atePrincipalS
Martha Coffey
Controller
Municipality of Claringtcn Clerk's 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,
Peter R Walker RPP FCIP
President and Senior Principal
~,
~~
~~
%~,'/
~
Yours very truly,
WALKER, NOTT, DRAGICEVICASSOCIATES LIMITED
Planning' Urban Design' Environmental Assessment
~;;:?L
/d{f~ti,~
,
Ene,
cc. AYT
Ira Kagan
Roslyn Houser (West Diamond Properties InclPlayers Business Park Ud)
Lyn Townsend-Renaud (Halloway Holding Limited)
Steven Zakem (Loblaw Properties Ine)
B6/12/20B5 11:30
41686474B4
DENNIS HEFFERC
Attachment 5
To Report PSD-083-06
Ira T. Kasan
Tel: 416.368-2100 Ext.226
Direct Fax: 41&324-4224
.E-mail: ''''~--@hl:'.<;Qm
~,.~__.e.'_M_._.._
FtIt: 1# 04254
May 26, 2006
B F
sy ax
Mr. Dennis Hefferon Ms. Roslyn Houser
l3arrister and Solicitor Goodmans, LLP
Royal Bank Plaza, South Tower 250 Yonge Street, Suite 2400
200 Bay Street, Suite 2600, P.O. Box 1&5 Toronto, Ontario
Toronto, Ontario M5B 2M6
MSJ 214
Ms. Lyn Townsend-Renaud Ms. Patricia Foran .
Barrister and Solicitor Aird & Bertis LLP
t400 Cornwall Road, Suite 2 BCE Place, Suite 1&00, Box 754
Oakvill.., Ontario 1&1 Bay Street
L6J 7W5 Toronto, Ontario
M5J 21'9
Mr. Stanley Stein Mr. Jeff Goldenberg
Osler, Hoskin & Harcourt LLP Fogler RubinoffLLP
1 First Canadian Place Royal Trust Tower
P.O. Box 50, Station 1st Canadian Place Toronto-Dominion Centre, Suite 4400
Toronto,Ontario Toronto, Ontario
M5B 18& M5K IG8
Dear Sirs and Madames:
Re: OPA 43 & 44, Municipality orOarington
Ou.. client: A YT Corporation
This letter i. further to the last attendance (!'rebearing 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. W. Wa:tlted to confinn those submissions and clarifY our client's position with
p.l
188 Avenue Road, 'Thronto, Ontario M5R ~Jl
Phone:(416) 368-2100; Fax: (416) 368-8206
05/12/2005 11:30
4158547404
DENNIS HEFFERON LAW
PAGE 03/03
fespect 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 concerns WithOPA 43 axe
limited to the land, it owns on both the east and west side of Bennett Ro8.d. from Highway 40 I to
Baseline Road. To this extent OUl" client's appeal is site-specific. Our client concern is also
limited to the fonowing four (4) policies in OP A 43:
. Policy 16
. Policy 21
. Policy S3
. Policy S8
OUr client has appealed OPA 43 because of the timing ofth. passage ofOPA 43 in relation to
the timing of the municipality's final decision on the A YT development applications. Our
appeal is, therefore, technical insofar as OUr client hopes to be able to withdraw its appeal to
OP A 43 if and when the municipality approves the A YT development application.
We also wish to confirm. that our clients are not seeking to have the retail permissions 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 thattbi.s in understanding our client's position.
Yours very truly,
d~
Ira T. Kagan
cc. A IT Corporation
Peter Walker and Mary Feehely
l.;mA\ATl'It.tnenlAJl e._~IWq2:'. 2<MU:.:D.e
p.2
188 Avenue Road, lbronto, Ontario M5R ~l
Phonc:(416) 368-2100jFax:(416) 368-8206