HomeMy WebLinkAboutPSD-060-05
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, May 9, 2005
Report #:
PSD-060-05
File #: COPA 2004-007
and ZBA 2004-055
(]es4F: ~;Jf! cJC0-u<;
'fSY.law #:
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 the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-060-05 be received;
2. THAT the revised applications submitted by Walker Nott Dragecivic Associates
Limited on behalf of AYT Corporation be referred back to Staff for further
processing and the preparation of a further report following the receipt of all
outstanding information and agency comments; and,
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Da d rome, M.C.I.P.,R.P.P.
Director, Planning Services
Reviewed by:6~ ~
Franklin Wu
Chief Administrative Officer
RH/CPIDC/df
4 May 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
.REPORT NO.: PSD.060-05
PAGE 2
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 f1oorspace, large format
warehouse club retail f1oorspace, and a hotel and convention
facility, in addition to the uses permitted in the light industrial
area designation.
1.4 Rezoning: To rezone the subject lands from "Agricultural Exception (A-1)
Zone" to implement the proposed official plan amendment.
1.5 Site Area: 21.85 hectares
2.0 LOCATION
2.1 The property under consideration is located at the northwest corner of Highway
401 and Bennett Road south of future Baseline Road in Bowmanville (See
Attachment 1). The site area totals 21.85 hectares (54.0 acres). The property is
located within Part Lot 5, Broken Front Concession 1, in the former Township of
Darlington.
3.0 BACKGROUND
3.1 This is A YT Corporation's second revision. The original applications, which were
received on November 12, 2004, were in respect of a parcel of land located on
the northeast corner of Highway 401 and Bennett Road. These lands were not
located within the Bowmanville urban area and when submitted were subject to
Bill 27, an Act to establish a Greenbelt study area. Development applications for
urban uses could not be considered on lands covered by said legislation. Staff
returned the original applications to the applicant.
3.2 On November 25, 2004, Staff received revised Official Plan Amendment and
rezoning applications from Walker Nott Dragecivic Associates Limited on behalf
of A YT Corporation to permit commercial development of the subject lands. This
land is on the northwest corner of Highway 401 and Bennett Road and it is
designated Light Industrial Area. The revised application requested permission
for 50,300 sq.m. (550,000 sq.ft.) of retail commercial and large format retail uses,
including a department store, a food store, a home improvement centre,
REPORT NO.: PSD.060-05
PAGE 3
restaurants and other retail uses in addition to the uses permitted in the Light
Industrial Area designation. The development was proposed to proceed on
private communal services.
3.3 A Public Meeting was held for the initial revised application on February 21,2005
during which the following comments were made to Committee.
. The Bowmanville BIA noted that the Ontario Municipal Board hearing in 1994
decided to link retail growth with population growth. The OMB at that time
recognized that some retail sales loss would not impact the downtown greatly.
Council must recognize the potential consequences of approving the large
amounts of additional floorspace may have on the downtown. A subsequent
letter on the Commercial Policy Review reinforced their concerns and noted
that commercial growth should be focused and not dispersed.
. A resident from Wilmot Creek raised concern over the increased traffic levels
that the proposed development would have on Bennett Road, since this road
is their only means of access.
. An area farmer was concerned over the rate that prime agricultural land was
being converted for urban uses.
At the Public Meeting, in response to questions, the applicant's agent advised
that his client would be willing to revise the applications to delete the food store
and department store components.
3.4 A letter of objection was received from the solicitor representing Valiant Property
Management (Valiant)(Attachment 3), which cited the following concerns with the
A YT proposal.
. Valiant would be concerned if approval of the AYT application would
preclude, or be in place of, the development of the Valiant site in West
Bowmanville for its intended home improvement use.
. The second concern would be if the early development of the 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 Holburn Biomedical Corporation
(Attachment 4) 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-060-05
PAGE 4
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 AYT Corporation. The revised applications propose to permit
development of 54,215 sq.m. (583 585 sq. ft.) of retail commercial and restaurant
floorspace, large format warehouse club retail f1oorspace, and a hotel and
convention facility in addition to the Light Industrial area designation permissions.
The development is now proposed to proceed on full municipal services.
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
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
Holburn Industries proposed new facility
Agricultural lands and rural residential
Highway 401 and Urban industrial uses
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Region 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. Retail warehouse uses, which
does not permit a supermarket or department store, may be permitted by local
Council in Employment Areas subject to compliance with the Plan policies.
Retail warehouse uses must also develop on either a Type "A" or "B" arterial
road. Although Baseline Road is designated as a Type "A" arterial road, it has
not been constructed. Access may initially only proceed from Bennett Road, a
Type "C" arterial road designated as such only in the Clarington Official Plan.
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 Clarington 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.
REPORT NO.: PSD-060-05
PAGE 5
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.
An east-west Collector Road, south of Baseline Road is proposed to be
eliminated.
The proposed official plan amendment submitted by the applicant with the
applications is contained in Attachment 2 of this report,
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 PUBLIC NOTICE AND SUBMISSIONS ON REVISED APPLICATION
7.1 Public notice was given by mail to each landowner within 120 metres of the
subject site and two public meeting notice signs were installed on the property's
road frontages. Staff have received a number of general inquiries on the revised
development proposal.
8.0 AGENCY COMMENTS
8.1 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-
through facilities, driveways, or stormwater management facility will not be
permitted within this 14.0 metre setback.
. 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.
8.2 Due to the limited commenting period, comments from the Clarington Emergency
Services Department, Clarington Engineering Services, Durham Region Planning
Department, Durham Region Public Works Department, Central Lake Ontario
Conservation Authority, and Hydro One Networks Inc. have not been received to
date.
~EPORT NO.: PSD-060-05
PAGE 6
9~ STAFF COMMENTS
9.1 Planning Rationale
A detailed planning rationale as previously requested of the applicant and was
not provided with the revised application. Although several sections of the PPS
are listed in the preamble to the proposed amendment, the applicant has not
provided any justification or discussion how the proposal supports these
statements.
The applicant has not identified how the proposal satisfies the five tests outlined
in Section 10.9.5 of the Clarington Official Plan for permitting large format retail
uses in industrial areas. The Planning rationale needs to address the other issue
raised below.
9.2 Retail Market Impact Study
A Terms of Reference for a retail market impact study, which addresses the
requirements of both the Durham Region Official Plan and the Clarington Official
Plan, has been prepared by urban Metrics for a proposal. This work is currently
being undertaken at the applicant's expense. The results of the retail market
impact study will be incorporated into the Municipality's Commercial Policy
Review Final Report.
9.3 Clarington Science and Technology Park Initiative
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.
With the completion of the Energy Park Study, consultants and staff will be
turning attention to this assignment over the next few months. TSH has been
working on a master drainage plan as part of this study.
A big box centre is contrary to the intent of this initiative and, raises serious
concerns with compatibility and feasibility of the two proposals, both proceeding.
This issue will be examined further.
9.4 loss of Employment lands
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
REPORT NO.: PSD.060-05
PAGE 7
was addressed in part through the new Provincial Policy Statement, effective
March 1, 2005. The Provincial Growth Plan is addressing the matter further.
Although this application preceded the effective date of the new provincial
policies, there are concerns about the long term impacts of such a conversion at
the Bennett Road site. The Provincial Growth Plan will make it increasingly
difficult to have further urban boundary expansions without meeting the
prescribed intensification and employment targets. 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
designated a large suppiy of new land in Clarington, primarily in Courtice but also
including the subject lands on Bennett Road. The long term need of employment
area lands should be revisited before any decision to remove the subject site
from employment uses. This is consistent with the Draft Growth Plan which
specifically requires the redesignation of employment lands to occur as part of a
comprehensive Official Plan review.
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.
9.5 Urban Structure
The AYT proposal would create a large new commercial area in Bowmanville.
This new centre, proposed in a location adjacent to Highway 401, would be
removed from a central location and from any residential areas. In the near
future, there is no residential growth anticipated on the east side of the Soper
Creek in the Bowmanville Urban Area. It is not readily serviced by transit and is
located away from the regional transit spine. It provides an alternative to the
West Bowmanville development but one which disperses growth as opposed to
focusing growth.
It should be noted that the hotel and convention facility component and a limited
number of restaurants would be permitted under the current land use
designation, as they are deemed services which, when limited in scale, are
designed to support the employment area.
9.6 Transportation Issues
The applicant has not submitted a traffic study required to evaluate the impacts
of this proposal.
/tEPORT NO.: PSD.060-05
PAGE 8
A traffic study must be prepared by the applicant to the satisfaction of the
Municipality of Clarington, Regional Municipality of Durham, and Ministry of
Transportation addressing, among other matters, the following:
)0> Determine the traffic levels and patterns for the ultimate development
scenario.
)0> The necessary road improvements required to facilitate development.
Development phasing options should be considered.
)0> The impact of removal of the collector road from the subject and
adjacent lands, as proposed through the Official Plan Amendment.
9.7 Site Servicing and Stormwater Management
The application indicates that the development will proceed on full municipal
services. A full site servicing scheme must be submitted for review and approval.
The applicant must also address how full municipal services will be extended to
the subject lands.
The applicant's engineer must prepare a stormwater management study to
demonstrate where storm run-off generated by the development will be directed.
The applicant must propose appropriate control measures. This report must be
prepared to the satisfaction of the Municipality of Clarington, Regional
Municipality of Durham, Central Lake Ontario Conservation, and Ministry of
Transportation. It will need to address the issue raised by a resident regarding
the spring-fed pond on the adjacent property.
9.8 Impacts on Existing Agricultural Operations
Although the subject lands are designated for urban development, much of the
immediate area on the north side of Highway 401 and west of Bennett Road is
actively being farmed. The presence of such a large retail commercial proposal
has raised a number of land use compatibility issues by residents.
Concerns have been raised over impacts that urban development will have on
the agricultural viability of adjacent lands, both within and outside the urban area.
In particular, the property immediately west of the subject lands is being actively
farmed and the pond on this property is fed by a spring from the subject lands.
Development on the subject lands could impact this groundwater source.
10.0 CONCLUSIONS
10.1 As the purpose of this report is to satisfy the requirements for Public Meeting
under the Planning Act, and taking into consideration all of the comments
received, it is respectfully recommended that this report be referred back to Staff
for further processing and the preparation of a subsequent report.
~EPORT NO.: PSD-060.05
PAGE 9
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Amendment to the Clarington Official Plan
Attachment 3 - Letter from Valiant Property Management
Attachment 4 - Letter from Holburn Biomedical Corporation
Interested parties to be notified of Council's decision:
Philip Brent, A YT Corporation
Peter Walker, Walker Nott Dragecivic Associates Limited
Lynda Townsend Renaud, Lynda Townsend Renaud Law Office
Robert Hann, Valiant Property Management
Bryce Jordan, Sernas Associates
Peter Smith, Bousefields Inc.
Steve Zakem, Aird & Berlis LLP
Scott Arbuckle, Planning & Engineering Initiatives Limited
Paul Mark, PetroCanada
Andrea Gabor, Urban Strategies Inc.
David Crowell, A&P Properties Limited
Terry & Phyllis Price
Margaret Rudolph, MHBC Planning Limited
Baseline Road (Future Access)
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Net Development Area .. 20.37 ha
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Lot Ccwerage - 26.6%
Parking Spaces Provided '" ~ 2,728
ATTACHMENT 1
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ZBA 2004-055
Zoning By-law Amendment
COPA 2004-007
Clarington Official Plan Amendment
ROPA 2004-006
Regional Official Plan Amendment
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Owner: A YT Corporation
PART B - THE AMENDMENT
ATTACHMENT 2
1.0 INTRODUCTION
This document, entitled "Part B - The Amendment", consisting of the following text and
"Schedule A", constitutes Amendment No. to the Official Plan of the Municipality of
Clarington.
2.0 DETAILS OF THE AMENDMENT
The Official Plan is amended as follows:
a. Section 11.5 (Light Industrial Areas) is amended by including the following site-specific
policy for the Subject Land identified on Schedule 'A':
"Permitted uses for the land abutting Bennett Road to the east, the Baseline Road
(Road Allowance) to the north and the King's Highway No. 401 to the south shall
include those permitted as well as retail warehouse uses, a hotel and convention
centre, and restaurant uses that are compatible with nearby uses."
b. Map 'A3' is amended by deleting the proposed east-west collector road between
Bennett Road and Lamb's Road, south of Baseline Road and north of Highway 401, as
shown on schedule "B"
c. Map 'B3' is amended by deleting the proposed east-west collector road between
Bennett Road and Lamb's Road, south of Baseline Road and north of Highway 401, as
shown on Schedule "C"
3.0 IMPLEMENTATION AND INTERPRETATION
The provisions of the Official Plan as amended from time to time shall apply in this regard to
this Amendment.
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MAP A3
LAND USE
BOWIIANVlLLE URBAN AREA
OFFICIAL PLAN
MUNICIPAL\lY OF CLARINGTON
N<NEt.lBER 1.. 2003
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_PRESllGE
EMPLOYMENT MfA
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INDUSTRiAL AREA
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........ --.. SPEaAL POUCY AR~
...._.. SPE:CIAI.. STUDY AREA
_= GO STATION
Subject Land
(~--------~\ Future Collector Road to be Deleted
----------"
Schedule B
Proposed Amendment to Map 'A3' of the Municipality of Clarington Official Plan
Municipality of Clarington
~
Date: March 28, 2005
Walker, Non, Dragicellic
Associates Limited
Plonnino
Urban Dnig"
Environmental AsseBSm.nl
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MAP B3
TRANSPORTATION
BOWMANVILLE URBAN AREA
---------..- TYPE C ARTERIAL
OFFICIAL PlAN
MUNICIPALJ1Y OF ClARINGTON
NOVE~8ER 14, 2003
REFER TO SECTION 19
I THIS CONSOUDAnoH IS pRCMOEI) RII ~ENCE ONLY I
NII0 REPRESENrS REOUESTm MOOIFDlKINS AHO APPROVALS
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GRADE SEPARATION
Subject Land
(~--------~) Future Collector Road to be Deleted
----------"
Schedule C
Proposed Amendment to Map '83' of the Municipality of Clarington Official Plan
Municipality of Clarington
~
Date: March 28, 2005
Walker, Nott, Dragicevic
Associates Limited
Plcnn>r>g
Urbon0e9ign
Envi,onmentol Asse5llment
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ATTACHMENT 3
THe LAw OFFICE Of LYNDA TOWNSEND RENAUD
March 9, 2005
Municipality of Cfarington
40 Temperance Street
BowmanvilJe, Ontario
L 1 C 3A6
Attention: Mr. David Crome
Mr. Dennis Hefferon
South Tower
Royal Bank Plaza
2600-200 Bay Street
Toronto, Ontario
M5J 2J4
Meridian Pfanning Consultants Inc.
13 Collier Street
Barrie, Ontario
L4M 1H2
Attention: Mr. Bob Lehman
UrbanMetrics
144-146 Front Street West
Suite 460
Toronto, Ontario
M5J 2L7
Attention: Mr. Doug Annand
Dear Sirs:
Re: Application to Amend the Durham Regional Official Plan
and Clarington Official Plan
AYT Corporation and Clarlngton 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).
SUITE 2, 1400 CORNWALL ROAD, OAKVILLE, ONTARIO L6J 7W5
PHONE: 905 829 8600 . FACSIMILE: 90S 829 2035
Iyn.townsend@on.albn.eom
,
Munlclpanty of C1aringlon
Mr. Cano Pellann
March 4, 2005
poga 2
Our Understandina of the Aoolication and the CPR
Based on comments mede at the public meeting for the subject application (February 21,
2005), we understand that the application will be revised to request approval for retail
warehouse uses including a home improvement centre in addition to commercial uses
already permitted in the Light Industrial designation. You have advised that the Municipality
will be requesting written clarification of the range of requested uses from the proponent. We
understand that once clarification Is received, the firm of urban Metrics, which has already
prepared the Retail Market and Impact Analysis for the CPR, will prepare a Retail Market
Impact Analysis of the subject application for the Municipality at the applicant's cost. It is the
Municipality's intention to have the completed market impact analysis available to the CPR
consultants (Meridian Planning Consultants Inc.) so that the results can be given
consideration as part of the Final Report on the CPR.
Valiant's Interest in These Matters
Valiant owns about 6.35 hectares bounded by Clarington Boulevard, King Street, Green Road
and the unopened Concession 2 right-of-way. All of this area Is within the boundary of the
Bowmanville West Main Central Area and is designated Retail Commercial in the
Bowmanville West Main Central Area Secondary Plan, Valiant began assembling the land in
this quadrant of the Main Central Area after it was designated Retail Commercial. Valiant's
- -" - - application to llTrrendth-e- Official-PiarrwasllTlly necessaTYin-order to allocate i1aorspace from'
the next threshold of the Secondary Plan's phasing policy, The Valiant site comprises the
only lands designated Retail Commercial in the Central Area without a retail floors pace
allocation. With an allocation to its lands, Valiant could develop up to 16,680 square metres of
additional floors pace Including a Home Depot store.
Valiant has two potential concems with the subject application. The first would be if the
approval of the AYr 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
potentiai concern would be if the early development of the AYr site would create an
unacceptable market impact on the Bowmanvllle West Main Central Area in general and the
Valiant site in particular. This issue will be assessed by the Retail Market and Impact
Analysis.
Commercial Policv Review
It is our opinion that the Valiant lands within the Main Central Area should remain the
preferred location for meeting the shopping needs of Clarington residents prior to the
allocation of commercial development opportunities to any other locations not currently
designated for commercial use. In particular, no approvals should be given to the AYT site, if
at all, until the Valiant site is built out. The Draft Final Report on the CPR supports this view.
Amongst the report's executive summary points for the locations of commercial growth are
the following points.
14. From an urban structure perspective the preferred policy approach is to concentrate
commerc/al uses in existing urban areas. The existing Centres are and will be centra/
.. .
Municipality of OannglOn
Mr, Carlo Pallann
March 4, 2005
pago 3
to the growIng population. In addition, they form the 'nodes' along Clarington's main
street, a key element of the long term urban structure objectives...
16. ConsIstent with the current Official Plan policy other new centres or commercial areas
should not be created over the five year term.
20. The -Bowmanville Regional Centre...as well as the Courtice Centre, Courtice West
pistrict and the Newcastle Villege Downtown District should have sufficient land areas
designated with boundaries provided for in Secondary Plans to allow for additional
commercial development in the range of 720,000 square feet of gross leasable floor
space. This growth could occur in the existing designated areas and/or the expansion
of the areas dependant on the achievement of the urban structure objectives of the
Municipality.
In summary, the Draft Final CPR report concluded that it Is not necessary to designate new
commerciel 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 sile to the Municipality's
commercial land supply at this time.
Retail Market Impact Analvsis
On the assumption that the AYT 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 urbanMetrlcs demonstrate that "the proposed retail uses and the
cumuiative amount of f100rspace will not unduly affect the viability of any designated Central
Area on Map ~' and Central Areas and Specific Purpose Commercial Areas desIgnated in
area municipal official plans". As noted above, the Valiant site is designated Retail
Commercial in the Bowmanville West Main Central Area Secondary, Plan. Therefore, the retail
market analysis must ensure that the viability of the development of Valiant lands will not be
unduly affected by the designation and development of retail uses on the AYT site.
This matter is typically addressed by a review of commercial f100rspace needs, allocating
f100rspace 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 f1oorspace. the CPR study
'~ -
Municipality of aarington
Mr. Cario Pellarin
March 4. 2005
Page 4
has recommended not to make a distinction as to the type of f1oorspace. We have indicated
Valiant's concurrence with this approach within Central Areas siting the same reasons as the
CPR consultants:
1. this approach can best respond to the changing consumer preferences,
2. there Is Jess and less distinction among store types In the goods that are retailed from
inside various "boxes", end
3, Individual uses within the "boxes" are likely to evolve over time, changing the makeup
of the goods being sold but maintaining the retail significance of the areas they are
located within.
Notwithstanding our acceptance of this general principle, there appears to be some specific
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 Bowmanvllle. They are the Home Depot proposed for the Valiant site and
another one on the Torgan site et Waverly Road and Baseline Road. It Is also our
understanding that the A YT application proposes a third home Improvement centre. Given the
specific concern about the market Impact of home improvement centres, we have explored
this issue in some depth.
AI 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 built In the short term without
significant impacts on existing retailers. The conclusion on this matter is set out on page 14 of
the CPR and reproduced below (emphasis added):
Home fmorovement Centre - One home improvement centre can proceed by
2007, without impacts on existing retailers in Clarington. As noted earlIer
although onlvone home imorovement centre has been evaluated. our analysis
does not preclude another store entering the market. With continued market
growth, the available residual potential in other store categories which sell
home improvement merchandise, and the opportunity for Increased recapture
of sales form outside of Clarington in the future, would not preclude another
home improvement centre from entering the market beyond 2007. It is not
exoected that the imoacts of two such stores WDuld be sianificantlv areater
than one store aiven the limited facilities in C/arinaton at the oresent time.
It appears that there was not a more definitive conclusion on the impact of two home
improvement stores because urbanMetrics' only evaluated the impact of one such store. In
order to fill the information gap, Valiant commissioned Robin Dee and Associates to conduct
an Impact analysis assuming two home improvement stores, based on urban Metrics' original
research and data. Enclosed Is a copy of Mr. Dee's letter report. It is Mr. Dee's conclusion
that the Clarington market will be able to support the entry of two new format home
improvement facilities as early as 2006 and that their Initial Impact will be essentially on each
other as they compete for market share.
Given that the sites for the two home improvement centres' on the Valiant and Torgan lands
are already designated, we submit that any market impact analysis being conducted for the
"t.
Municipality of Cla~ngton
Mr, carlo Pellarln
March 4, 2005
Paga 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 (Le. to 2010). It is likely that if the AYT site is approved and if 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 f1oorspace. Valiant has
co-operated with the Municipality in working through the process of removing the floors pace
caps that have prevented the site from developing to date. Valiant's concerns with the A YT
application are if It in any way precludes the immediate development of the Valiant site or has
an undue economic impact on Its development. We understand that both of these issues will
be examined on behalf of the Municipality by Its Commercial Policy Review consultants who
are currently addressing Municipal-wide commercial planning and market impact Issues. This
letter provides our Input on behalf of Valiant for the consideration of Municipal Staff and its
consultants during their review of the A YT application and the completion of the CPR.
If there are any questions or concerns with the above, please do not hesitate to contact the
undersigned,
'-
\
Encl.
cc: Mr. R, Hann, Valiant Property Management
Mr. B. Jordan, Sernas Associates
Mr. R. Dee, Robin Dee and Associates
Mr. Carlo Peiiarin, Municipality of Clarington
Y.'~Q/VU r^~ ~~;~u rhA ~UO O~~ O'U~
IiULtlLll<N kl1UJllJjDlCAL CORP
I4J 001
~,
ATTACHMENT 4
HOLBURI~
HOLBURN
BIOMEDICAL
CORPORATION
February 18, 2005
ME, M.C.I.P., R.P.R. fax: 905-623-0830
lanning Services
TO:
FROM:
MARK R. FRAYNE
Dear Sir,
Aoolication to Amend Clarinaton OffIcial Plan and Zonina By-Law
Your File: COPA 2004-007 ~nd ZBA 2005-055
c
I am writing this submission on bElhalf 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 cdlowance (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.
c
I confirm that we are Interested il'l the application and how it proceeds, and request
written notification thereof.
YOU?iR{ ,
Mark R. Frayne
Counsel and Vice-President
CONFIDENTlAlllY NOTICE: The informa-;on contained In !hi, faClimUe (ineluding the attached pages) is for the
attention of the addressee only, Any dlsclosure or reproduction of these pages Is prohibited. The Information herein
remains the property of Holbum Biomedical Corporation. Should this facsimile be reeeived by anyone other than the
add.....ee, please immediately telephone the number below, to arrange for the return of these documents.
An independent member of "The Holbum Group of Companies'
200 Baseline Road East, Bowmanville, Ontario, Canada, L 1e 1A2
Phone: +1 (905) 623-1484 Fax; +1 (905) 623-6702 mall@holbum.com www.holbum.com