HomeMy WebLinkAboutPSD-097-05
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Report # 11
ClYl-!!Jgton
REPORT
PLANNING SERVICES
Meeting:
COUNCil
Date:
Monday, June 27, 2005
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File #: COPA 2004-007 By-law #:
and ZBA 2004-055 (X-ref: ROPA 2004-006)
Report #:
PSD-097-05
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:
RHlCP/DC/lwldf
23 June 2005
Reviewed byd ~ ~"'~,
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 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 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-097.05
PAGE 4
restaurants and other retail uses in addition to the uses permitted in the Light
Industrial Area designation. The development was proposed to proceed on
private communal services.
3.3 A Public Meeting was held for the initial revised application on February 21,
2005, during which the following comments were made to Committee.
· The Bowmanville BIA noted that the Ontario Municipal Board hearing in 1994
decided to link retail growth with population growth. The OMB at that time
recognized that some retail sales loss would not impact the downtown greatly.
Council must recognize the potential consequences of approving the large
amounts of additional floors pace may have on the downtown. A subsequent
letter on the Commercial Policy Review reinforced their concerns and noted
that commercial growth should be focused and not dispersed.
· A resident from Wilmot Creek raised concern over the increased traffic levels
that the proposed development would have on Bennett Road, since this road
is their only means of access.
· An area farmer was concerned over the rate that prime agricultural land was
being converted for urban uses.
At the Public Meeting, in response to questions, the applicant's agent advised
that his client would be willing to revise the applications to delete the food store
and department store components.
3.4 A letter of objection was received from the solicitor representing Valiant Property
Management (Valiant)(Attachment 2), which cited the following concerns with the
A YT proposal.
· Valiant would be concerned if approval of the A YT application would
preclude, or be in place of, the development of the Valiant site in West
Bowmanville for its intended home improvement use.
· The second concern would be if the early development of the A YT site would
create an unacceptable market impact on the West Bowmanville Main Central
Area in general and Valiant's total holdings in particular.
These issues have been referred to the Commercial Policy Review, which is
being finalized by the consulting team and Staff.
3.5 A letter of objection was received from Holburn Biomedical Corporation
(Attachment 3), which noted that they had invested a considerable amount of
money and resources into the launch of a scientific research and development
park on lands immediately north of the subject site. They questioned whether or
not the proposal was compatible with their scientific research park initiative.
3.6 A letter was received from Terry and Mark Price who noted concerns regarding a
spring that feeds a pond on their property, which is being used for agricultural
purposes. Development on the adjacent lands could either divert or destroy this
groundwater source.
REPORT NO.: PSD-097-05
PAGE 5
3.7 On March 30, 2005, Staff received a second revised set of Official Plan
Amendment and rezoning applications from Walker Nott Dragecivic Associates
Limited on behalf of AYT Corporation. The revised applications propose to permit
development of 54,215 sq.m. (583,585 sq. ft.) of retail commercial and restaurant
f1oorspace, large format warehouse club retail floors pace, 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 floors pace as both west Bowmanville commercial applications combined.
Council should consider f100rspace being released in phases.
· The A YT Corporation proposal does not support or reinforce downtowns.
· Commercial development should be located along the Highway 2/King Street
corridor and phased through population growth. Approving commercial
development along Highway 401 would mean that people would miss the
downtowns.
3.9 A second letter of objection was received from Holburn Biomedical Corporation
(Attachment 4), which notes the following points.
· Holburn supports the exclusion of large format retail uses from industrial
areas to preserve industrial lands for industry. Converting these lands for big
box development may represent a lost opportunity to economically diversify
our employment base.
· Holburn has invested a considerable amount of money and resources into the
launch of a scientific research and development park on lands immediately
north of the subject site. They questioned whether or not the proposal was
compatible with their scientific research park initiative, since it may impede
the ability to attract scientific research and development companies to the
area.
3.10 The applicant has also submitted an application to amend the Durham Region
Official Plan (ROPA 2004-006). Although the Regional Plan permits large format
retail uses within industrial areas, it does not permit a department store or a
supermarket within these areas. These proposals must also front on a Type "A"
or Type "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 Reqion Official Plan
The Durham Region Official Plan designates the subject lands "Employment
Area", This designation permits manufacturing, assembly, processing and
warehousing among other individual type uses. General policies of the Regional
Official Plan include the following:
. Regional Council shall maximize the employment potential of designated
Employment Areas;
. Sites having a high degree of exposure and good access shall be reserved
for employment-intensive uses;
. Regional Council shall prevent the consumption of Employment Area lands
intended for industrial uses by commercial uses; and,
. Regional Council shall ensure an adequate supply of vacant, serviced land is
maintained.
The Regional Plan provides for area municipalities to allow retail warehouse uses
in Employment Areas subject to compliance with the Plan policies. Retail
warehouse uses do not include supermarkets or department stores. Retail
warehouse uses must also develop on either a Type "A" or "B" arterial road.
Baseline Road is designated as a future Type "A" arterial road but no road has
not been constructed to date. The applicant has filed an application to amend
the Durham Region Official Plan and Regional Staff are reviewing the revised
application for conformity.
5.2 Clarinqton Official Plan
The Clarington Official Plan designates the subject lands "Light Industrial Area".
Permitted uses include manufacturing, processing, fabricating, repairing,
research and development facilities, and warehousing. Certain commercial,
community and recreational uses, including banks, restaurants, athletic clubs,
banquet facilities, and fraternal organizations may be permitted provided they are
limited in scale and serve the area's employee base.
Large scale retail warehouses may be permitted by amendment to the Clarington
Official Plan subject to a number of criteria.
REPORT NO.: PSD-097-05
PAGE 7
An east-west Collector Road, south of Baseline Road is proposed to be
eliminated through this amendment.
6.0 ZONING BY-LAW CONFORMITY
6.1 The property is zoned "Agricultural Exception (A-1) Zone". The current zoning
does not permit the proposed commercial development. In order to permit the
proposed development, a rezoning application was submitted for consideration.
7.0 AGENCY COMMENTS
7.1 Although the Emergency Services Department has not commented to date,
their concerns can usually be addressed at the site plan approval stage. This
Department had not raised any fundamental issues through the previous
submission.
7.2 The Clarington Engineering Services Department has reviewed both the
traffic study and functional servicing study submitted by the applicant and
provides the following comments. The subject lands abut both Bennett Road and
the future extension of Baseline Road. The abutting road network is currently
rural and should be urbanized, incorporating road improvements to address the
traffic and storm drainage infrastructure works necessary to properly service a
development of this nature.
The development of the subject property necessitates the need for these road
improvements, which are currently not contemplated in the Municipality's Capital
Budget and Forecast for reconstruction and/or construction. Therefore, this
development is considered premature until such time as the abutting road
network has been urbanized and improved to properly service the subject
development.
If this application were to be approved, 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 g, 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 P9ssibility of achieving a high recapture rate. With two
stores however, it would lead to lower sales performance levels. If the Rona
store proceeds on the Torgan site, a second store could be considered
elsewhere within the Municipality. A third home improvement store is not
considered viable.
. Due to its scale, the A YT proposal would create much higher sales impacts
on the East Bowmanville Main Central Area than the West Diamond/Players
site and would have very significant short term sales impacts in certain
categories. Even after 2010, assuming that the other projects are approved
and built, the incremental effect would result in significant sales impacts on
existing businesses over the longer term as well.
Therefore, from a retail market perspective, the Addendum Report
concludes the cumulative impact of approving the West Bowmanville
applications and the A YT would be significant. Additional major retail
commercial development could be considered anywhere in the Municipality
REPORT NO.: PSD-097-05
PAGE 13
well after 2010, likely in the 2016 to 2021 period. This would be the subject
of future Official Plan Reviews.
8.4 Balance of Employment Opportunities
In 2001, the jobs/population ratio in Clarington was 25% or one job for every 4
residents. This is extremely low.
The Clarington Official Plan has set employment targets and seeks to achieve
balanced growth. The employment targets for Bowmanville are set at 23,500
jobs by 2016. The Plan has the objective of obtaining 1 job for every 3 residents
by 2016.
Jobs in the commercial sector are largely tied to residential growth, for generally
over time employment will increases as the retail and service industry expands to
serve additional population. There are exceptions, since certain types of
employment will concentrate in nationally significant centres (such as the banking
and finance industry in Toronto) and certain retail activities are only possible from
regionally significant centres (such as the Oshawa Centre).
Industrial uses, including everything from manufacturing to scientific research
and pharmaceutical industries, are much less dependent on residential growth.
Other factors, such as proximity to market or natural resources, transportation
infrastructure, a skilled workforce, labour rates, energy rates and many other
factors. Communities are now competing for industrial growth on a global scale.
Moreover, there is the need for industries to cluster together on co-operative and
at the same time competitive basis to be successful. It is infinitely more difficult
to attract industrial employment than population-related employment in the
commercial sector.
In order to meet the jobs/population target and to compete for industrial growth,
sufficient and good quality industrial lands need to be reserved, even if the
process takes much longer and is much harder. The employment targets of the
Municipality's Official Plan cannot be met without significant non-commercial
employment growth. Creating the right conditions for this to occur is paramount if
the Municipality wants to create a more balanced community.
Using the Region of Durham's methodology (with a lower lot coverage
assumption), the potential number of jobs from these lands would be as follows:
Lot coverage of 25%
~
,
REPORT NO.: PSD-097-05
PAGE 14
While a big box retail centre would also create jobs, they would not assist in
diversifying the Municipality's economy and may, if 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 live-
work balance to address the gridlock created by extensive commuting;
and,
. The presence of an industry like Holburn in the lucrative biotech sector
can be a catalyst to attract similar businesses to the area.
The retention of the A YT lands for prestige or light employment uses will
allow the Municipality to diversity its employment base and, in conjunction
with the Municipality's Science and Technology initiative, will provide a
stable employment base. Retail Jobs will not contribute to diversifying the
employment base, are limited by population growth and, for other reasons
stated in this report, are better suited on other lands.
8.5 Loss of Employment Lands
There are three primary concerns with the potential conversion of the subject
, lands from Employment Area to commercial uses:
. The pressure for conversion of Industrial lands is a GTA wide phenomena
and a longer term view is essential to preserve opportunities for future
economic prosperity, employment diversity and live-work relationships
. The A YT site is one of the few premier industrial sites in Clarington with
the characteristics suitable for prestige industrial uses
. Unlike other municipalities in Durham, Clarington will have no new
industrial lands along the Highway 407 corridor
. A comprehensive study of employment land needs should be undertaken
prior to considering any conversion
. The conversion of the A YT site will lead to additional pressures
REPORT NO.: PSD-097-05
PAGE 15
Across the Greater Toronto Area, there is concem 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 concems 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 ;:1 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
Clarington to achieve its industrial development and employment goals.
Given the lack of constraints from existing poorer-quality or heavy
industrial development, visibility and access to Highway 401, and on-site
amenities such as the woodlot, this is the most prestigious employment
area location in Bowmanville. If it developed as a big box centre, a major
opportunity for high-profile industrial users would be lost.
8.5 Incompatibility with the Municipality's Science and Technology Initiative
Plan
The Municipality is undertaking a secondary plan study and urban design
analysis with a view of developing upon the catalyst industry, Holburn
Biomedical. The 130 hectare study area is bounded by Bennett Road, Highway
401, Haines Street and Highway 2. The lands are designated for a variety of
employment area uses in the Clarington Official Plan. TSH is finalizing the
master drainage plan as part of this study.
Staff initiated this secondary plan prior to submission of the application by AYT
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 A YT site for retail uses could also result in additional pressures for
amendments to surrounding industrial lands to accommodate additional retail
uses.
. The area is not located on the transit spine on Highway 2. Patrons would
have to rely solely on vehicular access to the area.
. It provides a commercial alternative to the West Bowmanville development
but one, which disperses growth as opposed to focusing growth.
. Permitting commercial uses in industrial areas may also increase land values
and diminish opportunities for industrial development along this corridor.
It should, however, be noted that the hotel and convention facility component and
a limited number of restaurants would be permitted under the "Prestige Industrial"
REPORT NO.: PSD-097-05
PAGE 18
land use designation, as they are deemed services which, when limited in scale,
are designed to support the employment area.
The designation of the A YT lands for commercial uses does not support or
contribute to good urban form, "smart" growth and would diminish the
focus of retail growth along the King Street spine.
8.6 The AYT proposal has significant transportation implications for future
growth in Bowmanville.
The applicant submitted a Traffic Impact Study. A review of the report by TSH on
behalf of the Municipality, Durham Region Public Works Department, and the
Ministry of Transportation has resulted in an issues list outlined in Section 7 of
this Report that needs to be addressed in the report .
The transportation network for the Bowmanville Urban Area is premised on three
interchanges with Highway 401: Waverly Road; Liberty Street and in the future
Lambs Road. It has been contemplated that Bennett Road would eventually be
eliminated, in part due to highway operational issues due to the relative proximity
of the Highway 35/115 interchange but primarily based on the better service a
Lambs Road interchange would provide for future residential and employment
area growth on the east side of Bowmanville. This is based on transportation
analysis that was undertaken when the urban lands were designated. Lambs
Road is intended to convey traffic from the eastern portion of Bowmanville.
The A YT application is premised on removing the Lambs Road interchange as
the ultimate means of serving the east side of Bowmanville and maintaining the
existing interchange at Bennett Road. A retail complex of this scale is a major
traffic generator and would only be feasible from the retailer's perspective if the
interchange was maintained.
Over the past five years, the development of lands in the north-east portion of
Bowmanville (west of the Soper Creek) has led to an increased strain on Liberty
Street and the Liberty Street interchange. The Municipality has undertaken
studies to determine what improvements can be made to the Liberty Street
interchange. The Region has undertaken studies to consider improvements to
Liberty Street. Improvements will be made over time but there is still a limit on
the capacity in the entire network that can be created through widenings or other
improvements.
Approving the A YT application would lock in the Bennett Road interchange
which would have a major impact on the transportation network in
Bowmanville. The extent of this impact has not been fully quantified to
date but it does fundamentally affect one of the underlying premises of the
development of the Bowmanville urban area. It is anticipated that the
existing traffic situation on Liberty Street and at the Liberty Street
interchange would be greatly exacerbated as new residential and
employment area developments on the east side of Bowmanville (east of
REPORT NO.: PSD-097-05
PAGE 19
the Soper Creek) would not have the option of a Lambs Road interchange
and would be less likely to use Bennett Road for the predominant west-
oriented traffic movements.
At the very least, comprehensive land use and transportation studies
should be undertaken prior to making such a fundamental decision.
9.0 CONCLUSIONS
9.1 The applications to amend the Clarington Official Plan and the Municipality's
Zoning By-law to permit a large format retail centre of 54,215 square metres
(583.585 sq. ft.) of total gross floor area, including a warehouse membership club,
a home improvement store, large format stores and restaurants should be denied
for the following reasons:
. Other than financial and employment reasons, the planning rationale for the
proposal has not provided compelling reasons for approving the proposal.
. Due to its scale, the AYT proposal would have a significant impact on Town
and Village Centres in Clarington.
. ' The AYT proposal does not assist in creating a balanced community and a
diversity of employment.
. The 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 Municipality's
science and technology initiative and, raises serious concerns with
compatibility and feasibility of the science and technology park secondary
plan.
. . The A YT proposal does not support the current and future urban structure
objectives. It provides a commercial alternative to the West Bowmanville
development but one, which disperses growth as opposed to focusing growth.
It leads to less compact, less efficient urban growth with limited possibilities
for future intensification and development of a strong urban centre.
. Approving the AYT 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 staffs 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
Baseline Road (Future Access)
ATTACHMENT 1
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Highw
ay 401
Net DEl'I8Icpment Prea = 20.37 I'1a
GFA= ;!;54,215 sq.m.
:I:5aJ.5B05q.ft.
Lot Coverage .. 28.6%
Parking Spaces Provided = ;!; 2,728
~
---------
-
ZBA 2004-055
Zoning By-law Amendment
COP A 2004-007
Clarington Official Plan Amendment
ROPA 2004-006
Regional Official Plan Amendment
HIO"~
........w"\y ({l
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Owner: A YT Corporation
ATTACHMENT 2
THE LAw OFFICE OF LYNDA TOWNSEND RElNiAUD
March 9, 2005
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Attention: Mr. David Crome
Mr. Dennis Hefferon
South Tower
Royal Bank Plaza
2600-200 Bay Street
Toronto, Ontario
M5J 2J4
Meridian Planning Consultants Inc.
13 Collier Street
Barrie, Ontario
L4M 1 H2
Attention: Mr. Bob Lehman
UrbanMetrics
144-146 Front Street West
Suite 460
Toronto, Ontario
M5J 2L7
Atlention: 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).
SUITE 2, 1400 CORNWALL ROAD, OAKVILLE, ONTARIO L6J 7WS
PHONE: 905 829 8600 . FACSIMILE: 905 829 2035
Iyn.townsend@on.aibn.com
MunlclpaDly of C1arlngton
Mr. Carlo Pellarin
March 4, 2005
Paga 2
Our Understandina of the Aoolication 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 urban Metrics, which has already
prepared the Retail Market and Impact Analysis for the CPR, will prepare a Retail Market
Impact Analysis of the subject application for the Municipality at the applicant's cost. It is the
Municipality's intention to have the completed market impact analysis available to the CPR
consultants (Meridian Planning Consultants Inc.) so that the results can be given
consideration as part of the Final Report on the CPR.
Valiant's Interest in These Matters
Valiant owns about 6.35 hectares bounded by Clarington Boulevard, King Street, Green Road
and the unopened Concession 2 right-of-way. All of this area is withIn the boundary of the
Bowmanville West Main Central Area and is designated Retail Commercial in the
BowmanvilleWest Main Central Area Secondary Plan. Valiant began assembling the land in
this quadrant of the Main Central Area after it was designated Retail CommercIal. Valiant's
- . . - - application to -amend the- Official-Plarrwas-uniy neuessaryin-order to' ailocate floorspace from' - . .
the next threshold of the Secondary Plan's phasing policy. The Valiant site comprises the
only lands designated Retail Commercial in the Central Area without a retail f100rspace
allocation. With an allocation to its lands, Valiant could develop up to 16,680 square metres of
additional f100rspace including a Home Depot store.
Valiant has two potential 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 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 PoliCY 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
commercial uses in existing urban areas. The existing Centres are and will be central
Municipality of Clarlngton
Mr. Ca~o Pellann
March 4, 2005
Page 3
to the growing population. In addition, they form the 'nodes' along Clarington's main
street, a key element of the long term urban structure objectives...
16. Consistent with the current Official Plan policy other new centres or commercial areas
should not be created over the fIVe year term.
20. The BowmanvUJe Regional Centre...as well as the Courtlce Centre, Courtlce West
Pistrict and the Newcastle Viffage 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 araas 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 Ught Industrial Areas (pages 23 and 35).
We believe the work to date on the CPR reinforces our opinion that the current commercial
needs of the Municipality can and should be met in existing designated centres and
commercial areas first, and that there is no need to add the AYT 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 A YT 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 floorspace will not unduly affect the viability of any designated Central
Area on Map ;4' 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 floors pace, the CPR study
Municipality of Clalington
Mr. Ca~o Pella~n
March 4, 2005
Page 4
has recommended not to make a distinction as to the type offloorspace. We have indicated
Valiant's concurrence with this approach within Central Areas siting the same reasons as the
CPR consultants:
1. this approach can best respond to the changing consumer preferences,
2. there Is less and less distinction among store types in the goods that are retailed from
inside various "boxes", and
3. individual uses within the "boxes" are likely to evolve over time, changing the makeup
of the goods being sold but maintaining the retail significance of the areas they are
located within.
Notwithstanding our acceptance of this general principle, there appears to be some specific
concern by the Municipality with regard to the market impact of home improvement centres
on existing retailers. There are two potential home improvement centres proposed on
designated lands in Bowmanville. They are the Home Depot proposed for the Valiant site and
another one on the Torgan site at 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.
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 built In the short term without
significant impacts on existing retallers. The conclusion on this matter Is set out on page 14 of
the CPR and reproduced below (emphasis added):
Home ImDrovement Gentre - One home improvement centre can proceed by
2007, without impacts on existing retailers in Glarington. 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 aVElilable residual potential in other store categories which sell
home improvement merchandise, and the opportunity for increased recapture
of sales form outside of Glarington in the future, would not preclude another
home improvement centre from entering the market beyond 2007. It is not
eXDected that the imoacts of two such stores would be sianificantlv areater
than one store aiven the limited facilities in Glarinaton at the oresent time.
It appears that there was not a more definitive conclusion on the impact of two home
improvement stores because urbanMetrics' only evaluated the impact of one such store. In
order to fill the information gap, Valiant commissioned Robin Dee and Associates to conduct
an Impact analysis assuming two home improvement stores, based on urbanMetrics' original
research and data. Enclosed is a copy of Mr. Dee's letter report. It is Mr. Dee's conclusion
that the 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
Munlclpallty 01 Clanngton
Mr. Carto Pellarin
March 4, 2005
Page 5
A YT application (if it is looking specifically at impact in the home improvement market
segment) must examine the Incremental impact of a third home improvement centre in the
short term (i.e. to 2010). It is likely that if the AYT site Is approved and 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 f1oorspace. Valiant has
co-operated with the Municipality in working through the process of removing the floorspace
caps that have prevented the site from developing to date. Valiant's concerns with the A YT
application are if It in any way precludes the immediate development of the Valiant site or has
an undue economic impact on its development. We understand that both of these issues will
be examined on behalf of the Municipality by its Commercial Policy Review consultants who
are currently addressing Municipal-wide commercial planning and market impact Issues. This
letter provides our input on behalf of Valiant for the consideration of Municipal Staff and its
consultants during their review of the A YT application and the completion of the CPR.
If there are any questions or concems with the above, please do not hesitate to contact the
undersigned.
.n __
\
Enc!.
cc: Mr. R. Hann, Valiant Property Management
Mr. B. Jordan, Semas Associates
Mr. R. Dee, Robin Dee and Associates
Mr. Carlo Pellarin, Municipality of Clarington
........................... ..,........,................,........ ...,..........
~vv...
ATTACHMENT 3
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 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~ ~ I
'1llV1t '"
(~"J\., \I
Mark R. Frayne
Counsel and Vice-President
CONFIOENTIALllY NOTICE: The informa-ion containad in this facsimile (including the attached pages) is ,for the
attention of the addressee only. Any disclosure or reproduction of lhese pages is prohibited. The information herein
remains the property of Holburn Biomedical Corporation. Should this facsimile be received by anyone other than the
addressee, please immediately telephoM the number below, to arrange for the return of these documents.
An independent member of 'The Holbum Group of Companies"
200 Saseline Road East, Bowmanville, Ontario, Canada, L 1C 1 A2
Phone: +1 (905) 623-1484 Fa~:..1 (905) 823-6702 ma\l@hoibum.com www.holbUTTI.com
HOLS ATTACHMENT 4
~- -
HOLBURN
BIOMEDICAL
CORPORA liON
May 12, 2005
Clerk's Department
2nd Floor
40 Temperance Street
Bowmanville, ON,
L 1C 3A6
Dear Sirs,
Re: A YT Corooration ADDlications
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 g. 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 A YT 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.
Holbum supports this recommendation because we believe that: (a) it is based on
sound planning principles regarding future commerciai 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 AYT 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,
prestige industrial businesses. The proposal to convert lands with such good,
An independent member of "The Holburn Group of Companies"
200 Baseline Road East, Bowmanville, Ontario, Canada, L1C 1A2
Phone: +1 (905) 623-1484 Fax: +1 (905) 623-6702 mail@holburn.com www.holburn.com
.
Holbum Biomedical Corporation - 2 of 3
economically diverse potential to a big box retail center, combined with the adverse
impact such a development would have on the surrounding lands within the light
industrial employment area, may result in a lost opportunity to enhance and diversify
Clarington's economic and employment base (Science Park, below). This is contrary to
one of the primary objectives cited in Clarington's Official Plan, (sec. 11.2.1): to provide
a variety of industrial lands to allow for the expansion and diversification of the
employment base.
The Scientific Research and Development Park
The A YT Applications and proposed retail commercial uses are incompatible with the
proposed 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 Holburn in its endeavours by removing "roadblocks" to development and by
assisting in creating an environment required to attract similar research businesses. It
was indicated to Holbum that the municipal officials were committed to providing a
supportive regulatory regime, including required hard and soft services. The
abovementioned studies and analysis were initiated.
The Municipality assisted in identifying suitable lands for the Science Park. With the
support of, and assurances from, the Municipality, Holbum decided to: (a) purchase the
50 acres fronting on Bennett Road and Highway 2, (b) rezone the property to facilitate
the Science Park, and (c) arrange the financing and commence the construction of the
first building: a 40,000 square foot, multi-million dollar research facility.
A Division of "The Holbum Group of Companies"
200 Baseline Road East, Bowmanvllle, Ontario, Canada, L1C 1A2
Phone: +1 (905) 623-1484 Fax: +1 (905) 623-6702 mall@holburn.com www.holburn.com
Holburn Biomedical Corporation - 3 of 3
It is Holbum'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, Holburn 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 HoIbum Group of Companies"
200 Baseline Road East, Bowmanvllle, Ontario, Canada, L1C 1A2
Phone: +1 (905) 823-1484 Fax: +1 (905) 823-8702 mall@holburn.com www.holburn.com
Report 1111
Cl~mgron
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:
RH/CP/DC11w/df
23 June 2005
O:~~ ;1 <::7
Reviewed by. ----.::: LA....::> 4... "-
Franklin Wu
Chief Administrative Officer
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 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-097-05
PAGE 4
restaurants and other retail uses in addition to the uses permitted in the Light
Industrial Area designation. The development was proposed to proceed on
private communal services.
3.3 A Public Meeting was held for the initial revised application on February 21,
2005, during which the following comments were made to Committee.
· The Bowmanville BIA noted that the Ontario Municipal Board hearing in 1994
decided to link retail growth with population growth. The OMB at that time
recognized that some retail sales loss would not impact the downtown greatly.
Council must recognize the potential consequences of approving the large
amounts of additional 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 concern over the increased traffic levels
that the proposed development would have on Bennett Road, since this road
is their only means of access.
· An area farmer was concerned over the rate that prime agricultural land was
being converted for urban uses.
At the Public Meeting, in response to questions, the applicant's agent advised
that his client would be willing to revise the applications to delete the food store
and department store components.
3.4 A letter of objection was received from the solicitor representing Valiant Property
Management (Valiant)(Attachment 2), which cited the following concerns with the
A YT proposal.
· Valiant would be concerned if approval of the AYT application would
preclude, or be in place of, the development of the Valiant site in West
Bowmanville for its intended home improvement use.
· The second concern would be if the early development of the A YT site would
create an unacceptable market impact on the West Bowmanville Main Central
Area in general and Valiant's total holdings in particular.
These issues have been referred to the Commercial Policy Review, which is
being finalized by the consulting team and Staff.
3.5 A letter of objection was received from Holburn Biomedical Corporation
(Attachment 3), which noted that they had invested a considerable amount of
money and resources into the launch of a scientific research and development
park on lands immediately north of the subject site. They questioned whether or
not the proposal was compatible with their scientific research park initiative.
3.6 A letter was received from Terry and Mark Price who noted concerns regarding a
spring that feeds a pond on their property, which is being used for agricultural
purposes. Development on the adjacent lands could either divert or destroy this
groundwater source.
REPORT NO.: PSD-097-05
PAGE 5
3.7 On March 30, 2005, Staff received a second revised set of Official Plan
Amendment and rezoning applications from Walker Nott Dragecivic Associates
Limited on behalf of A YT Corporation. The revised applications propose to permit
development of 54,215 sq.m. (583,585 sq. ft.) of retail commercial and restaurant
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 AYT Corporation contemplates almost as much
total floors pace as both west Bowmanville commercial applications combined.
Council should consider f100rspace being released in phases.
. The A YT Corporation proposal does not support or reinforce downtowns.
· Commercial development should be located along the Highway 2/King Street
corridor and phased through population growth. Approving commercial
development along Highway 401 would mean that people would miss the
downtowns.
3.9 A second letter of objection was received from Holburn Biomedical Corporation
(Attachment 4), which notes the following points.
. Holburn supports the exclusion of large format retail uses from industrial
areas to preserve industrial lands for industry. Converting these lands for big
box development may represent a lost opportunity to economically diversify
our employment base.
. Holburn has invested a considerable amount of money and resources into the
launch of a scientific research and development park on lands immediately
north of the subject site. They questioned whether or not the proposal was
compatible with their scientific research park initiative, since it may impede
the ability to attract scientific research and development companies to the
area.
3.10 The applicant has also submitted an application to amend the Durham Region
Official Plan (ROPA 2004-006). Although the Regional Plan permits large format
retail uses within industrial areas, it does not permit a department store or a
supermarket within these areas. These proposals must also front on a Type "A"
or Type "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
Jl(griculturalland and industrial facility under construction
Agricultural lands and rural residential
Highway 401 and urban industrial uses
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Reqion Official Plan
The Durham Region Official Plan designates the subject lands "Employment
Area". This designation permits manufacturing, assembly, processing and
warehousing among other individual type uses. General policies of the Regional
Official Plan include the following:
. Regional Council shall maximize the employment potential of designated
Employment Areas;
. Sites having a high degree of exposure and good access shall be reserved
for employment-intensive uses;
. Regional Council shall prevent the consumption of Employment Area lands
intended for industrial uses by commercial uses; and,
. Regional Council shall ensure an adequate supply of vacant, serviced land is
maintained.
The Regional Plan provides for area municipalities to allow retail warehouse uses
in Employment Areas subject to compliance with the Plan policies. Retail
warehouse uses do not include supermarkets or department stores. Retail
warehouse uses must also develop on either a Type "A" or "B" arterial road.
Baseline Road is designated as a future Type "A" arterial road but no road has
not been constructed to date. The applicant has filed an application to amend
the Durham Region Official Plan and Regional Staff are reviewing the revised
application for conformity.
5.2 Clarinqton Official Plan
The Clarington Official Plan designates the subject lands "Light Industrial Area".
Permitted uses include manufacturing, processing, fabricating, repairing,
research and development facilities, and warehousing. Certain commercial,
community and recreational uses, including banks, restaurants, athletic clubs,
banquet facilities, and fraternal organizations may be permitted provided they are
limited in scale and serve the area's employee base.
Large scale retail warehouses may be permitted by amendment to the Clarington
Official Plan subject to a number of criteria.
REPORT NO.: PSD-097-05
PAGE 7
An east-west Collector Road, south of Baseline Road is proposed to be
eliminated through this amendment.
6.0 ZONING BY-LAW CONFORMITY
6.1 The property is zoned "Agricultural Exception (A-1) Zone". The current zoning
does not permit the proposed commercial development. In order to permit the
proposed development, a rezoning application was submitted for consideration.
7.0 AGENCY COMMENTS
7.1 Although the Emergency Services Department has not commented to date,
their concerns can usually be addressed at the site plan approval stage. This
Department had not raised any fundamental issues through the previous
submission.
7.2 The Clarington Engineering Services Department has reviewed both the
traffic study and functional servicing study submitted by the applicant and
provides the following comments. The subject lands abut both Bennett Road and
the future extension of Baseline Road. The abutting road network is currently
rural and should be urbanized, incorporating road improvements to address the
traffic and storm drainage infrastructure works necessary to properly service a
development of this nature.
The development of the subject property necessitates the need for these road
improvements, which are currently not contemplated in the Municipality's Capital
Budget and Forecast for reconstruction and/or construction. Therefore, this
development is considered premature until such time as the abutting road
network has been urbanized and improved to properly service the subject
development.
If this application were to be approved, 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 applica,nt 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 f100rspace 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 f100rspace 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 P9ssibility 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 Bowmanvil/e
applications and the AYT would be significant. Additional major retail
commercial development could be considered anywhere in the Municipality
REPORT NO.: PSD-097-05
PAGE 13
well after 2010, likely in the 2016 to 2021 period. This would be the subject
of future Official Plan Reviews.
8.4 Balance of Employment Opportunities
In 2001, the jobs/population ratio in Clarington was 25% or one job for every 4
residents. This is extremely low.
,
The Clarington Official Plan has set employment targets and seeks to achieve
balanced growth. The employment targets for Bowmanville are set at 23,500
jobs by 2016. The Plan has the objective of obtaining 1 job for every 3 residents.
by 2016.
Jobs in the commercial sector are largely tied to residential growth, for generally
over time employment will increases as the retail and service industry expands to
serve additional population. There are exceptions, since certain types of
employment will concentrate in nationally significant centres (such as the banking
and finance industry in Toronto) and certain retail activities are only possible from
regionally significant centres (such as the Oshawa Centre).
Industrial uses, including everything from manufacturing to scientific research
and pharmaceutical industries, are much less dependent on residential growth.
Other factors, such as proximity to market or natural resources, transportation
infrastructure, a skilled workforce, labour rates, energy rates and many other
factors. Communities are now competing for industrial growth on a global scale.
Moreover, there is the need for industries to cluster together on co-operative and
at the same time competitive basis to be successful. It is infinitely more difficult
to attract industrial employment than population-related employment in the
commercial sector.
In order to meet the jobs/population target and to compete for industrial growth,
sufficient and good quality industrial lands need to be reserved, even if the
process takes much longer and is much harder. The employment targets of the
Municipality's Official Plan cannot be met without significant non-commercial
employment growth. Creating the right conditions for this to occur is paramount if
the Municipality wants to create a more balanced community.
Using the Region of Durham's methodology (with a lower lot coverage
assumption), the potential number of jobs from these lands would 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 live-
work balance to address the gridlock created by extensive commuting;
and, ,
· The presence of an industry like Holburn in the lucrative biotech sector
can be a catalyst to attract similar businesses to the area.
The retention of the A YT lands for prestige or light employment uses will
allow the Municipality to diversity its employment base and, in conjunction
with the Municipality's Science and Technology initiative, will provide a
stable employment base. Retail jobs will not contribute to diversifying the
employment base, are limited by population growth and, for other reasons
stated in this report, are better suited on other lands.
8.5 Loss of Employment Lands
There are three primary concerns with the potential conversion of the subject
, lands from Employment Area to commercial uses:
· The pressure for conversion of Industrial lands is a GTA wide phenomena
and a longer term view is essential to preserve opportunities for future
economic prosperity, employment diversity and live-work relationships
· The A YT site is one of the few premier industrial sites in Clarington with
the characteristics suitable for prestige industrial uses
· Unlike other municipalities in Durham, Clarington will have no new
industrial lands along the Highway 407 corridor
· A comprehensive study of employment land needs should be undertaken
prior to considering any conversion
· The conversion of the 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 A YT site is one
of them.
Retaining indUstrial lands with prime Highway 401 frontage is vital for
Clarington to .achieve its industrial development and employment goals.
Given the lack of constraints from existing poorer-quality or heavy
industrial development, visibility and access to Highway 401, and on-site
amenities such as the woodlot, this is the most prestigious employment
area location in Bowmanville. If it developed as a big box centre, a major
opportunity for high-profile industrial users would be lost.
8.5 Incompatibility with the Municipality's Science and Technology Initiative
Plan
The Municipality is undertaking a secondary plan study and urban design
analysis with a view of developing upon the catalyst industry, Holburn
Biomedical. The 130 hectare study area is bounded by Bennett Road, Highway
401, Haines Street and Highway 2. The lands are designated for a variety of .
employment area uses in the Clarington Official Plan. TSH is finalizing the
master drainage plan as part of this study.
Staff initiated this secondary plan prior to submission of the application by A YT
Corporation. Preliminary concepts prepared by the consultants indicate that
prestige employment uses are being considered for all lands within the study
area between Highway 401 and Baseline Road. This would provide a campus
presence along Highway 401 that would draw other related companies to the
area. The woodlot on the property could be incorporated into an open space and
recreational system benefiting the entire industrial park.
The Science and Technology initiative is founded on several principles:
. The presence of a catalyst industry;
· The presence of one or more universities to establish collaborative
partnerships with, including the presence of graduate students to assist in
research; and,
· The availability of relatively cheap lands in the 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.
. I n 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 permitted under the "Prestige Industrial"
REPORT NO.: PSD-097-05
PAGE 18
land use designation, as they are deemed services which, when limited in scale,
are designed to support the employment area.
The designation of the A YT lands for commercial uses does not support or
contribute to good urban form, "smart" growth and would diminish. the
focus of retail growth along the King Street spine.
8.6 The AYT proposal has significant transportation implications for future
growth in Bowmanville.
The applicant submitted a Traffic Impact Study. A review of the report by TSH on
behalf of the Municipality, Durham Region Public Works Department, and the
Ministry of Transportation has resulted in an issues list outlined in Section 7 of
this Report that needs to be addressed in the report .
The transportation network for the Bowmanville Urban Area is premised on three
interchanges with Highway 401: Waverly Road; Liberty Street and in the future
Lambs Road. It has been contemplated that Bennett Road would eventually be
eliminated, in part due to highway operational issues due to the relative proximity
of the Highway 35/115 interchange but primarily based on the better service a
Lambs Road interchange would provide for future residential and employment
area growth on the east side of Bowmanville. This is based on transportation
analysis that was undertaken when the urban lands were designated. Lambs
Road is intended to convey traffic from the eastern portion of Bowmanville.
The A YT application is premised on removing the Lambs Road interchange as
the ultimate means of serving the east side of Bowmanville and maintaining the
existing interchange at Bennett Road. A retail complex of this scale is a major
traffic generator and would only be feasible from the retailer's perspective if the
interchange was maintained.
Over the past five years, the development of lands in the north-east portion of
Bowmanville (west of the Soper Creek) has led to an increased strain on Liberty
Street and the Liberty Street interchange. The Municipality has undertaken
studies to determine what improvements can be made to the Liberty Street
interchange. The Region has undertaken studies to consider improvements to
Liberty Street. Improvements will be made over time but there is still a limit on
the capacity in the entire network that can be created through widenings or other
improvements.
Approving the A YT application would lock in the Bennett Road interchange
which would have a major impact on the transportation network in
Bowmanville. The extent of this impact has not been fully quantified to
date but it does fundamentally affect one of the underlying premises of the
development of the Bowmanville urban area. It is anticipated that the
existing traffic situation on Liberty Street and at the Liberty Street
interchange would be greatly exacerbated as new residential and
employment area developments on the east side of Bowmanville (east of
REPORT NO.: PSD-097-05
PAGE 19
the Soper Creek) would not have the option of a Lambs Road interchange
and would be less likely to use Bennett Road for the predominant west-
oriented traffic movements.
At the very least, comprehensive land use and transportation studies
should be undertaken prior to making such a fundamental decision.
9.0 CONCLUSIONS
9.1 The applications to amend the Clarington Official Plan and the Municipality's
Zoning By-law to permit a large format retail centre of 54,215 square metres
(583,585 sq. ft.) of total gross floor area, including a warehouse membership club,
a home improvement store, large format stores and restaurants should be denied
for the following reasons:
· Other than financial and employment reasons, the planning rationale for the
proposal has not provided compelling reasons for approving the proposal.
· Due to its scale, the AYT proposal would have a significant impact on Town
and Village Centres in Clarington.
. . TheA YT proposal does not assist in creating a balanced community and a
diversity of employment.
. The A YT proposal would remove the premiere industrial site in Bowmanville
and the potential to attract a high profile 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 Municipality's
science and technology initiative and, raises serious concerns with
compatibility and feasibility of the science and technology park secondary
plan.
· . The AYT 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 staffs recommendation to refuse
the applications as submitted.
9.2 It is recommended that the AYT 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 Planl'1ing 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
Baseline Road (Future Access)
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LUWWlUWW ~:
HighWay
401
L",.. 0 ".85'"
Net Development Area = 2O.37ha
GFA.. :.54,215 sq.m.
.:I:5ll.'l.S&CISq.fL
Lcll:Caverage=26.5
Parking Spaces Provided = : 2.728
Bowmanville Key Map
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ATIACHMENT 1
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ZBA 2004-055
Zoning By-lawAmendment
COPA 2004-007
Clarington Official Plan Amendment
ROPA 2004-006
Regional Official Plan Amendment
NJGHWA"Y
<0,
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Owner: A YT Corporation
ATTACHMENT 2
THE LAw OFFICE 0.1:= LYNDA TOWNSEND RElNJAUD
March 9, 2005
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3AB '
Attention: Mr. David Crome
Mr. Dennis Hefferon
South Tower
Royal Bank Plaza
2600-200 Bay Street
Toronto, Ontario
M5J 2J4
Meridian Planning Consultants Inc.
13 Collier Street
Barrie, Ontario
L4M 1 H2
Attention: Mr. Bob Lehman
UrbanMetrics
144-140 Front Street West
Suite 460
Toronto, Ontario
M5J 2L7
Attention: Mr. Doug Annand
Dear Sirs:
Re: Application to Amend the Durham Regional Official p'lan
and Clarington Official Plan
AYT Corporation and Clarington Commercial Polley Review
Comments on behalf of Valiant Property Management
Municipality of Clarington
We are providing comments on the subject application oil 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 7WS
PHONE: 905 829 8600 . FACSIMILE: 905 829 2035
Iyn.townsend@on.aibn.com
MunlclpaDty of C1arlngton
Mr. Carlo Pellarln
March 4, 2005
Page :1
Our Understandino 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 penTlitted 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.) 50 that the results can. be given
consideration as part of the Final Report on the CPR.
Vallanfs Interest in These Matters
Valiant owns about 6.35 hectares bounded by Clarington Boulevard, King Street, Green Road
and the unopened Concession 2 right-of-way. All of this area is within the boundary of the
Bowmanville West Main Central Area and is designated Retail Commercial in. the
BowmanvilleWest Main Central Area Secondary Plan. Valiant began assembling the land in
this quadrant of the Main Central Area after it was designated Retail Commercial. Valiant's
- - - - -appilcaiion 10 llnrend.th1f Official-l"lan-wa1:nmly ne~=ryin-ordeTta allo~ate ftoorspace from - ~ - -
the next threshold of the Secondary Plan's phasing policy. The Valiant site comprises the
only lands designated Retail Commercial in the Central Area without a retail f100rspace
allocation. With an allocation to its lands, Valiant could develop up to 16,680 square metres of
additional f100rspace including a Home Depot store.
Valiant has two potential 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 earfy development of the A YT 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 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
, Municipality cf aarlngton
Mr. Ca~o Pellartn
March 4, 2005
Page 3
to the growing population. In addition, they form the 'nodes' along Clarington's main
street, a key element of the long term urban structure objectives...
16. Consistent with the current Official Plan policy other new centres or commercial areas.
should not be created over the five year term.
20. The Bowmanville Regional Centre...as well as the Courtice Centre, Courtice West
Pistrict and the Newcastle Village Downtown DistrIct should have sufficient land areas
designated with boundaries provided for in Secondary Plans to allow for additional
commercial development in the range of 720,060 square feet 0; 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 firs~ and that there is no need to add the AYT sile to the Municipality's
commercial land supply at this time,
Retail Market Imeact Analysis
On the assumption that the A YT appiication is being revised to permit retail warehouses in an
Employment Area, Section 11.3.18 of the Durham Regional Official Plan would apply. In
order for the A YT application to proceed, 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 floorspace will not unduly affect the viability of any designated Central
Area on Map Wand Central Areas and Specific Purpose Commercial Areas designated in
area municipal official plans". As noted above, the Vaiiant 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 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
Municipality of a.nnglor1
Mr. Cano Pellann
March 4, 2005
Page 4
has recommended not to make a distinction as to. the type of floorspace. We have indicated
Valiant's concurrence with this approach within Central Areas siting the same reasons as the
CPR consultants:
1. this approach can best respond to the changing consumer preferences,
2. there is less and less distinction among store types in the goods that are retailed from
Inside various "boxes., and
3. individual uses within the "boxes. are likely to evolve over time, changing the makeup
of the goods being sold but maintaining the retail significance of the areas they are
located within.
Notwithstanding our acceptance of this general principle, there appears to be some specific
concern by the Municipality with regard to the market impact of home improvement centres
on existing retailers. There are two potential home improvement centres proposed on
designated lands in Bowmanville. They are the Home Depot proposed for the Valiant site and
another one on the Torgan site at Waveriy Road and Baseline Road. It is also our
understanding that the A YT application proposes a third home improvement centre. Given the
specific concern about the market impact of home improvement centres, we have explored
this issue in some depth.
At the outset, it must 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 matler is set out on page 14 of
the CPR and reproduced below (emphasis added):
Home Improvement Centre - One home Improvement centre can proceed by
2007, without impacts on existing retailers in Clarington. As noted earlier
although onlv one home improvement centre has been evaluated. our analysis
does not preclude another store entering the market. WJth continued market
growth, the avaifable residual potential in other store cafegorles which sell
home improvement merchandise, and the opportunity for increased recapture
of sales form outside of C/arington in the future, would not preclude another
home improvement centre from entering the market beyond 2007. It is not
expected that the impacts of two such stores would be sianificantlv areater
than one store owen the limited faciiities in Clarinaton at the present time.
It appears that there was not a more definitive conclusion on the impact of two home
improvement stores because urbanMetrics' only evaluated the impact of one such store. In
order to fill the information gap, Valiant commissioned Robin Dee and Associates to conduct
an impact analysis assuming two home improvement stores, based on urbanMetrics' original
research and data. Enclosed is a copy of Mr. Dee's letter report. It is Mr. Dee's conclusion
that the 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
Municipality 01 Cla~ngton
Mr. Ca~o Pellarln
March 4, 2005
Pago 5
AYT 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 if it is to contain a
home Improvement centre, the timing of the Implementation of this component of the
development may haye 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
a=mmodate 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 f100rspace
caps that have prevented the site from developing to date. Valiant's concerns with the AYT
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, Semas Associates
Mr. R. Dee, Robin Dee and Associates
Mr. Carlo Pellann, Municipality of Clarington
.t!:J...........
ATTACHMENT 3
HOLBURI~
HOLBURN
BIOMEDICAL
CORPORATION
February 18, 2005
ME, M.C.I.P., R.P.R. fax: 905-623-0830
Janning Services
TO:
FROM:
MARK R. FRAYNE
Dear Sir,
Application to Amend Clarinqton Official Plan and Zoninq Bv-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
Holburn 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.
YOU~{ ,
Mark R. Frayne
Counsel and Vice-President
CONFIDENTIALITY NOTICE: The informa.ion contained in this facsimile (including the attached pages) is for the
attention of the addressee only. Any disclosure or reproduction of these pages is prohibited. The infonnation herein
remains the property of Holburn Biomedical Corporation. Should this facsimile be received by anyone other than the
addressee, please immediately telephone lI'.e 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 1 C 1 A2
Phone: +1 (905) 623-1484 Fa~: +1 (905) 623-6702 mail@holburn.com www.holbum.com
HOLBURN
HOLB ATTACHMENT 4
BIOMEDICAL
CORPORA liON
May 12, 2005
Clerk's Department
2nd Floor
40 Temperance Street
Bowmanville, ON,
L 1C 3A6
Dear Sirs,
Re: AYT 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 A YT 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.
Holbum supports this recommendation because we believe that: (a) it is based on
sound planning principles regarding future commercial 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,
prestige industrial businesses. The proposal to convert lands with such good,
An independent member of "The Holburn Group of Companies"
200 Baseline Road East, Bowmanville, Ontario, Canada, L 1C 1A2
Phone: +1 (905) 623-1484 Fax: +1 (905) 623-6702 mail@holburn.com www.holburn.com
.:'
Holburn Biomedical Corporation - 2 of 3
economically diverse potential to a big box retail center, combined with the adverse
impact such a development would have on the surrounding lands within the light
industrial employment area, may result in a lost opportunity to enhance and diversify
Clarington's economic and employment base (Science Park, below). This is contrary to
one of the primary objectives cited in Clarington's Official Plan, (sec. 11.2.1): to provide
a variety of industrial lands to allow for the expansion and diversification of the
employment base.
The Scientific Research and Development Park
The A YT Applications and proposed retail commercial uses are incompatible with the
proposed 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 Holburn that the municipal officials were committed to providing a
supportive regulatory regime, including required hard and soft services. The
abovementioned studies and analysis were initiated.
The Municipality assisted in identifying suitable lands for the Science Park. With the
support of, and assurances from, the Municipality, Holbum decided to: (a) purchase the
50 acres fronting on Bennett Road and Highway 2, (b) rezone the property to facilitate
the Science Park, and (c) arrange the financing and commence the construction of the
first building: a 40,000 square foot, multi-million dollar research facility.
A Division of "The Holburn Group of Companies"
200 Baseline Road East, Bowmanvllle, Ontario, Canada, L1C 1A2
Phone: +1 (905) 623-1484 Fax: +1 (905) 623-6702 mail@holburn.com www.holburn.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 1A2
Phone: +1 (905) 623-1484 Fax: +1 (905) 623-6702 mall@holburn.com www.ho/burn.com