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HomeMy WebLinkAboutPSD-097-05 ..'e" " .''fr Report # 11 ClYl-!!Jgton REPORT PLANNING SERVICES Meeting: COUNCil Date: Monday, June 27, 2005 ~: (I-?4-t-05' 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 ~~~~ill~~~ill~~~~~~ ~ ~~ :; : ~~m rn- rn- rniIlJrn: rn'~ rnrn rn ~ . 3 I. I = N m . ~ ~ ~!~ ~.. ') '! ., y hH (,. ;'iil'- i I: I E3:I "':;. ~ - I: I~rnrnrn E3 . ~ a~~~~~~ :~I~, 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 ~I/ 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) \I- (,.. I: I: rnmmmmm :~ 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 ~" u--.- ATIACHMENT 1 ~ " .. o a: - .. c c .. III f - ZBA 2004-055 Zoning By-lawAmendment COPA 2004-007 Clarington Official Plan Amendment ROPA 2004-006 Regional Official Plan Amendment NJGHWA"Y <0, ~I/ 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