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Home My WebLink About06/13/2005 Special Cl~ilJgton '- SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: June 13,2005 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. PRESENTATIONS (a) Bob Lehman, Meridian Planning Consultants - Commercial Policy Review (b) Doug Annand, urbanMetrics Inc. - Market Analysis '- (c) Will McCrae, Totten Sims Hubicki - Transportation 4. PUBLIC MEETING (a) Application to consider proposed Official Plan Amendment No. 43 and proposed Official Plan Amendment No. 44 to the Bowmanville West Main Central Area Secondary Plan Applicant: Municipality of Clarington Reports PSD-077.05 and PSD-078-05 501 5. PLANNING SERVICES DEPARTMENT (a) Commercial Policy Review Amendment No. 43 to the Clarington Official Plan Report: PSD-077-05 601 (b) Bowmanville West Main Central Area Secondary Plan Review Amendment 44 to the Clarington Official Plan and Related Applications by Halloway Holdings Limited and West Diamonds Properties Inc./Players Business Park Limited Report: PSD-078-05 651 '- CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 ....... ....... ...... G.P. & A. Agenda 6. UNFINISHED BUSINESS 7. OTHER BUSINESS 8. ADJOURNMENT June 13, 2005 .2. ~ 0 o.~ ~~ (1) ro QE (1)0 a,,~ .0 (1) \0 I~ ~. Ic-r) ~ .~ 0'\ >~ "'0 ~ tS (1) ro o a ~~ o 0 ~~ CJ) ~ .~ ~ ~ \;,;!. .~ ~ ~If) ~o s:::O 0('-1 .~ v ~ s::: .s ~ s:::~ v CJ) v ~ ~ ........ u; ...., ~ = ~...... 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Street, Suil. 2400 Toronto, Ontario Canada M5B 2M& Telephone, 416.979.2211 Facsimile, 416.979.1234 goodmans.ca Direct Line: 416.597.4119 rhouser@goodmans.ca June 13,2005 Our File No.: 03-0409 Mayor and Members of Council Municipality of Clarington 40 Temperance Street Bowmanville ON L1 C 3A6 Dear Mayor and Members of Council: Re: Commercial Policy Review Proposed Amendment Nos. 43 and 44 to the Clarington Official Plan Applications for Amendments to the Clarington Official Plan and Zoning By-law West Diamond Properties Inc. and Players Business Park Ltd. We are the solicitors for West Diamond Properties Inc. and Players Business Park Ltd. ("West Diamond"). We have reviewed with West Diamond's planning consultant, Peter Smith, and market consultant, Lee Parsons, the Final Reports by Meridian Planning Consultants on the Commercial Policy Review (the "CPR Report") and the Bowmanville West Main Central Area Secondary Plan Review (the "Secondary Plan Report"), as well as the Addendum Market Analysis by urbanMetrics (the "Market Report"). We have also reviewed the draft amendments to Clarington's Official Plan and the Bowmanville West Main Central Area Secondary Plan arising from the recommendations of these Reports (OP A No. 43 and OP A No. 44). West Diamond generally supports the recommendations of the CPR and Secondary Plan Reports. West Diamond recognizes that there have been timing constraints that have made it difficult for staff to fully respond to a number of issues that have been raised following the release of the above-noted Reports and the drafts of OP A No. 43 and OP A No. 44. At this time we are outlining the matters of concern to West Diamond (which have already been brought to the attention of staff), in the hope that Council will direct that further consideration be given to t.'J.ese matters by staff before the amendments are adopted. Specifically, West Diamond has concerns respecting the phasing of the Wal-Mart and Loblaws stores recommended in the CPR and Secondary Plan Reports, and the floor space permissions in draft OPA No.44 (for the Wal-Mart and Loblaws stores, and the ancillary commercial uses), and certain urban design and transportation policies affecting its proposed commercial development. Barristers & Solicitors I Toronto I VanCQlIVer I Hong Kong .....- I I I I I I I I I I I I I I I I I I I Goodmans Page 2 West Diamond also believes that OPA No. 44 should permit a broader range of housing types on its lands to be redesignated for residential uses. West Diamond also believes that the Special Policy Area H policies that apply to its lands are outdated, and that the Special Policy Area H designation and policies should be deleted by OPA No. 43. Phasine of the West Diamond Centre The Market report concludes that the Wal-Mart and Loblaws stores should be phased, with a first phase opening immediately and expansions to their full proposed floor areas entering the market no sooner than 2010. The CPR Report recommends phasing of the proposed Wal-Mart and Loblaws stores, based on the conclusions ofthe Market Report. West Diamond believes that the phasing of the proposed Wal-Mart and Loblaws stores is neither necessary nor desirable, and may, in fact, impede Clarington's ability to achieve the important commercial planning objective of optimizing the level of retail service to residents, and thereby recapturing the retail expenditures of Clarington residents that are now being lost to facilities in Oshawa and other municipalities. Moreover, West Diamond believes that certain assumptions have been employed in the urbanMetrics market analyses that do not accurately reflect the likely build out of new commercial space in Clarington, and have resulted in the analyses overstating potential market impacts and, consequently, the recommendation that the Wal-Mart and Loblaws stores be phased. Accordingly, we are requesting that the planning documents to be adopted by Clarington to implement the Commercial Policy Review not impose restrictions that would require phasing of the West Diamond centre. Recapture of Clarineton Residents' Retail Expenditures Both the Market Report and the CPR Report conclude that Clarington residents are currently spending a very large percentage of their retail dollars outside Clarington, and there is an opportunity to recapture a significant portion of these expenditures with new retail facilities in Clarington. Both Reports recognize the need and the opportunity for Clarington to be more self sufficient in terms of its retail facilities. Clarington residents currently spend only 17% of their department store DSTM expenditures in Clarington and 34.2% of their non-department store DSTM expenditures in Clarington. We would note that urbanMetrics' assumptions respecting recapture appear to be very conservative. In their D-1 and D-2 scenarios (both of which assume that the West Diamond applications are approved but the A YT applications are not approved) urbanMetrics assumes that Clarington retailers will still only capture 53.5% and 55% of Clarington residents' non-department store DSTM expenditures, respectively. It is our view that these future capture rates may understate the ability of the new format Loblaws and Wal-Mart, in conjunction other anchor stores and retailers not currently in the f I I I I I I I I I I I I I I I I I I Goodmans Page 3 Clarington market, to greatly strengthen Clarington's retail environment and to favourably alter the shopping patterns of Clarington residents. Any understatement of potential recapture would, in turn, overstate the potential impact on existing retailers. If the proportion of Clarington residents' non-department store DSTM expenditures captured by Clarington retailers is increased, any impact on the sales of existing Clarington non- department store DSTM retailers that might arise as a result of transfers to new facilities would be lessened. To address Clarington's outflow problem, a sufficient range and amount of new commercial facilities are required in Clarington to allow the retail areas in Clarington to effectively compete with the retail offerings in other municipalities. In order to optimize Clarington's attractiveness as a retail destination, it is essential that strong retail areas in Clarington be established. This is consistent with the recommendation of the CPR Report that new commercial facilities be concentrated in the Bowmanville East and West Town Centre areas. Further, as noted in the Market Report, the Bowmanville East and West Town Centre areas have the ability to complement each other and provide cross-shopping opportunities. Creating a strong retail area in the Bowmanville West Town Centre area will encourage Clarington residents to stay in Clarington to shop, which will, in turn, benefit Bowmanville's historic downtown. By reducing the tendency of Clarington shoppers to shop at large stores in other municipalities, Clarington shoppers will focus more of their shopping trips to Clarington destinations, including smaller local stores and shopping areas. Further, the reduction in the need to travel to shop at larger facilities will change consumer behaviour, so that Clarington residents are more likely to make local shopping trips more often, rather than out of town shopping trips. Wal-Mart and Loblaws are two of the most successful retailers in Ontario, with the proven ability to effectively assess their markets and maximize the levels of service provided to their customers. In order to maximize the level of service to Clarington residents, and strengthen the retail node to be created in the Bowmanville West Town Centre, the Wal-Mart and Loblaws stores should be permitted to open as state-of-the-art facilities that will establish a competitive advantage against large food stores and department stores in the surrounding municipalities. Therefore, the Wal-Mart and Loblaws stores in Clarington should not be impeded by phasing restrictions imposed in the applicable planning documents. West Diamond also believes that it is desirable that a new home improvement store be permitted on the Halloway Holdings (Valiant) lands in the Bowmanville West Town Centre, in order to strengthen the overall attractiveness of the retail facilities in the area, and support the recapture of Clarington residents' expenditures in a wide range of retail categories. Market Impact On March 9, 2005, Peter Smith, West Diamond's land use planning consultant, wrote to Clarington staff advising that the proposed anchors for the West Diamond centre, Wal-Mart and Loblaws, had I I I I I I I I I I I I I I I I I I I Goodmans Page 4 advised that they wish to open their stores at their full size, rather than building smaller stores initially and expanding in the future as proposed when the West Diamond applications were filed almost three and a half years ago. Accordingly, it was requested that urbanMetrics modify its draft market impact analysis to test the Wal-Mart and Loblaws stores opening at their full sizes. The recommendation that the Wal-Mart and Loblaws stores be phased appears to be based on the results of urbanMetrics' impact analyses of the non-department DSTM category, specifically in its D-l and D-2 scenarios (which both assume that the West Diamond applications are approved to permit the Wal-Mart and Loblaws stores to open with their full proposed floor space, and that the A YT applications are not approved). It appears, however, that there are a number of floor space addition assumptions employed by urbanMetrics in these scenarios which would tend to overstate the estimated market impacts on existing retailers. It should also be noted that the urbanMetrics analyses assume that if a home improvement store is not approved on the Valiant site, 65,000 sq.ft. of non-department store DSTM space will develop on the Halloway Holdings site in place of the home improvement store. If a home improvement store is permitted to develop on the Halloway Holdings site, which West Diamond supports, the potential market impacts in the non-department store DSTM category will be greatly reduced. We have identified the following refinements we believe should be made to urbanMetrics' floor space addition assumptions, to more accurately reflect the likely build-out of new retail space: 1. West Diamond Centre Opening Date - urbanMetrics assumed that all of the space in the West Diamond centre would have a first full year of operation of 2007. At this time, West Diamond anticipates that if the required planning approvals are obtained in the near future, it would be in a position to open its centre some time in 2007. Therefore, the first full year of operation of the West Diamond centre should be assumed to be 2008 for the purposes of the market impact analyses. 2. Clarington Centre Expansion - urbanMetrics assumes that the existing Loblaws store in the Clarington Centre will expand by 37,700 sq.ft. (31,700 sq.ft. of which is assumed to be non- department store DSTM). Loblaws has advised that if the West Diamond proposal is approved, it will withdraw its application to expand the Clarington Centre. Therefore, the 31,700 sq. ft. of additional space in the Clarington Centre should be removed from the market impact analyses. 3. Clarington Centre Re-tenanting - urbanMetrics assumes that the entire 50,400 sq. ft. of existing floor area in the Loblaws store in the Clarington Centre will be re-tenanted to non- department store DSTM space. Loblaws has advised that the mezzanine space in its existing store (approximately 3,900 sq. ft.) would not be suitable for re-tenanting for DSTM space. Of the remaining space (46,500 sq.ft.), we would suggest that at most 85% of it (39,525 sq. ft.) be tested as non-department store DSTM space (which is consistent with the proportion of total space tenanted with non-department store DSTM uses that urbanMetrics assumed for the Clarington Centre expansion included in its analyses). Further, Loblaws has confirmed I I I I I I I I I I I I I I I I I I I Goodmans Page 5 that the re-tenanting of its store in the Clarington Centre will only occur after the opening of its new store in the West Diamond centre, and that it anticipates that the re-tenanted space would open in the year following the opening year of the West Diamond Centre. Therefore, the re-tenanted Loblaws space in the Clarington Centre should be tested with a first full year of operation of2009. 4. Torgan Site We understand from Clarington planning staff that Torgan is in the process of revising its site plan to address a floodplain issue raised by the conservation authority, which will result in a reduction in the parking area on its lands and consequently a reduction in the total floor space that may be constructed. Apparently, staff expect that the revision to the site plan would likely result in a floor space reduction in the range of 10,000 to 20,000 sq.ft. We would therefore suggest reducing the amount of non-department store DSTM floor space assumed on the Torgan site from 75,000 sq. ft. to 65,000 sq.ft. 5. Loblaws Non-Department Store DSTM Space - In Peter Smith's March 9, 2005 letter. advising of the request for larger opening sizes of the Wal-Mart and Loblaws stores, Mr. Smith indicated that Loblaws intends to build a store of 178,000 sq.ft., of which 58,000- 68,000 sq.ft. would be devoted to non-department store DSTM uses. In testing the expanded size of the Loblaws store, urbanMetrics assumed an additional 21,300 sq. ft. of non- department store DSTM space above the 36,000 sq.ft. previously tested. It appears that the 21,300 sq.ft. utilized was based on the expansion area of a previous store plahproposed by Loblaws. As a result, urbanMetrics tested the increased Loblaws store non-department store DSTM space by about 10,000 sq. ft. less than is proposed. Accordingly, the additional Loblaws non-department store DSTM space should be tested at 30,000 sq.ft, rather than the 21,300 sq.ft. tested by urbanMetrics. West Diamond believes that if the above refinements are made to urbanMetrics' market impact analyses, then any impacts in the non-department store DSTM category will be reduced to levels that would not give rise to any concern for the planned function of the Bowmanville downtown, and, accordingly, there is no market impact basis to implement phasing of the Loblaws and Wal-Mart stores. It is also our view that urbanMetrics' assumptions respecting the timing of the build-out of the new retail facilities are very conservative. In assessing the market impact of new commercial floor space, consideration should be given to the fact that all of the proposed and planned non-department store DSTM space is not likely to be fully leased and built out over a single year. Retail commercial centres tend to build out over a number of years as leasing commitments are secured. Further, given that there do not appear to be active proposals for certain of the new commercial space proposed outside of the Bowmanville West Town Centre area (i.e., in the Bowmanville Local Central Area, the Courtice Main Central Area and in Newcastle Village), it is very unlikely that all of the space assumed for these areas would be fully built out with a first full year of operation of 2007. If the natural phasing of the build-out of commercial facilities is taken into account, potential market impacts are spread out over time and the impacts in any given year are substantially reduced. I I I I I I I I I I I I I I I I I I I Goodmans Page 6 Moreover, in assessing the relevance of any declines in non-department DSTM sales for existing retailers that may be projected by the impact analyses, market impact concerns should focus on impacts that may result in significant closures in Bowmanville's historic downtown (the Bowmanville East Town Centre) and the potential for impairment of its planned function. We would note that the Bowmanville East Town Centre currently has a relatively low vacancy rate of approximately 5% (based on the inventory conducted by urbanMetrics). Further, a significant amount of the total additional non-department store DSTM floor space that urbanMetrics assumes will be added to the market in 2007 is to be located on the Torgan site. The Torgan site is zoned for restricted commercial uses, with permission only for furniture, major appliances and office furniture in the non-department store DSTM category. Therefore, the Torgan development will not affect sales in the apparel and general merchandise categories that comprise the bulk of the non-department DSTM space in downtown Bowmanville. To allow Council to make a fully informed decision respecting the West Diamond proposal, we believe that it should have the benefit of the views of Clarington's market consultant with respect to our comments. Accordingly; we would request that Council direct urbanMetrics to consider whether its analyses and recommendations should be adjusted in view of the foregoing. Comments on Draft OF A No. 43 and OF A No. 44 We have reviewed the draft ofOPA No. 43 and OPA No. 44 that were provided on May 30, 2005 and the revised drafts attached to the May 13, 2005 report from the Director of Planning Services. We have already alerted Clarington staff to a number of West Diamond's concerns with the draft documents as outlined below. We are requesting that the provisions identified below be given further consideration by staff, prior to the adoption of OP A No. 43 and OP A No. 44. . Special Policy Area H: A portion of West Diamond's lands are designation Special Policy Area H inthe current Official Plan. The policies pertaining to the Special Policy Area H, in Section 16.10 of the Official Plan, prohibit service stations, provides that a public use facility will be constructed on lands within West Diamond's proposed commercial centre, and that the facility and the lands will be conveyed to the Municipality for a nominal fee, and provide that urban design guidelines will be prepared for the lands. West Diamond believes that these policies are now outdated. While Item 58 of draft OP A No. 43 makes certain administrative changes to Section 16.10, West Diamond believes that OPA No. 43 should delete the Special Policy Area H designation and the policies of Section 16.10. Floor Space Permissions: Section 4.3(c)(v) of the draft OPA No. 44 provides that a total of 25,000 square metres of gross leaseable floor area is to be permitted on the West Diamond site, with 23,000 square metres permitted in the General Commercial area that would accommodate the Wal-Mart and Loblaws stores. I I I I I I , I I I I I I I I I I I I I Goodmans Page 7 The result is that the remaining 2,000 square metres (21,528 sq. ft.) is the only ancillary retail and service commercial space that would be permitted on the Highway NO.2 frontage in the Street Related Retail designation within the West Diamond site. This is far less than the 40,550 sq.ft of ancillary retail and service commercial space proposed for the West Diamond site. There does not appear to be any analysis in the Market Report that would warrant this reduction. In addition, the permitted floor area for the Wal-Mart and Loblaws stores of 23,000 square metres (247,578 sq.ft.) would note even permit the first phases of the Wal-Mart and Loblaws stores that were previously proposed, which have a total area of approximately 295,000 sq. ft. (151,000 sq. ft. for the Wal-Mart store and 144,000 sq. ft. for the Loblaws store). Clarington staff have advised that it was their intent that floor space in addition to that referenced above could be permitted on the West Diamond subject only to a rezoning. As currently worded, however, it appears that the policies of Section 4.3 of OP A No. 44 could be interpreted to require an official plan amendment for additional floor space to be permitted on the West Diamond site. Transportation and Urban Design Issues: While West Diamond is generally satisfied with the urban design policies of draft OPA No. 44 that would apply to its proposed commercial centre, it believes that some of the policies (specifically certain of the items in Sections 13.2.1, 13.2.2, 13.2.3, 13.2.4, 13.2.5, 13.2.7, 13.2.9 and 13.3.1) introduce standards which are not sufficiently flexible. West Diamond also has concerns with certain transportation policies of draft OPA No. 44 (specifically in SectiQns 15.2.6 and 17.2.4), which impose requirements that may not be justified by any technical analysis. We would ask that further consideration be given by Clarington's staff and consultants to the items in the above Sections that we have identified in detail in our discussions with staff. Residential Dwelling Types: While West Diamond is satisfied with the density requirements of the Low Rise High Density Residential designation that would apply to a portion of its lands, it believes that Section 8.2.3(b) of draft OPA No. 44 should be revised to specifically permit townhouses and stacked townhouses in addition to the apartment buildings referenced in the current draft. I I I I I I I I I I I I I I I I I I I Goodmans Page 8 Conclusion West Diamond respectfully requests that the matters raised above be referred back to staff for further consideration, so that there may be further report to Council when the draft zoning by-laws are to be considered by the General Purpose and Administration Committee on June 27,2005. Yours very truly, GOODMANS LLP Per: 0fJl~ fr Roslyn Houser cc: Mr. David Crome, Director of Planning Services Mr. Dennis Hefferon Mr. Robert DeGasperis, West Diamond Properties Inc. and Players Business Park Ltd. Mr. Peter Smith, Bousfields Inc. Mr. Lee Parsons, Malone Given Parsons Ltd. I I I I I I I I I I I I I I I I I I I J U I III 0. L U U V I' L 01\111 I\VI~n II~V' VI'" VVV Vvl' RONA June 10th 2005 The HOllOl1lble John Mutton, Mayor, and members of council, Municipality of Clarington 40 Temperance slreet, Bowroanville, Ontacio LIC 3A6 Subject: Bowmanville Creek Shopping Centre WaverlY & Baseline Dear Sirs, Please be advised that the m/lnagement and Board of Directors of RONA Inc. have approved the construction of RONA Home and Garden Centre to be part of the above mentioned development. The building to be constructed will be approximately 80,000 sq. ft. with an ClqlllllSion area of 20,000 sq. ftn In addition there will be a 20,000 sq. ft. garden centre. Plans are being prepared for the application for permit as our desired time-table is a late summer f fall construction for a spring 2006 opening. Hoping to meet with you soon for a ground hrP-"king ceremony. Roland Tissot ~ Director Real Estate We remain, respectfully Tel. : (514) 599-5900 ext. 5347 Cel. : (514) 971-7392 E-Mail ro1and.tissot@rona.ca RTf RGNA hoc. 220 <:hc:Inju du T-,>I4y, Iloucb,orrill. (Quebeo) i4B 81{7 CaIwIa Phlllle (SI4) S9Il-Sl00 FIl< (SI4) S99-5161 vnrtW.rona.ca 7 I~" I I I I I I I I I I I I I I I I I I ~ AIRV & BERLIS LLP Barristers and Solicitors Patent and Trade Mark Agents Steven A Zakem Direct: 416.865.3440 E-mail: szakem@airdberlis.com June 13, 2005 HAND DELIVERED Our File #69159 Mr. David CrDme DirectDr of Planning Services The Municipality of Clarington 40 Temperance Street Bowmanville, ON L 1C 3A6 Dear Mr. CrDme: Re: Clarington Commercial Policy Review As you know, we act on behalf of Loblaw PrDperties Limited ("Lob laws") with respect to the above-noted matter and related applications being considered in the context of the Commercial Policy Review. We have had an opportunity to review the Clarington Commercial Policy Review Final Report dated May 30, 2005 and the attached Addendum Market Analysis dated May 9, 2005, and have the following comments and clarification to assist you in the final consideration of the various applications being considered on Monday, June 13, 2005. First, we wish to clarify that if the West Diamond Properties Inc. and Players Business Park Limited ("West Diamond") applications are apprDved, Loblaws will withdraw its application to expand its existing store in the Clarington Centre. These applications have been held in abeyance pending the consideration of the West Diamond applications and have not been appealed to the Ontario Municipal Board. Second, the re-tenanting of the existing Loblaws supermarket space will only occur after the opening of the new store on the West Diamond prDperty. As such, any market analysis considering the impact of the re-tenanting of the Loblaws Clarington Centre space should assume a first full year of operation in the year following that of the Loblaws store. For example, it is currently anticipated that the Loblaws store will have its first full year of operation in 2008. As such, the first full year of operation of the re-tenanted Clarington Centre space should be assumed to be 2009. Finally, we note that Mr. Annand assumes that the entire 50,400 ft2 of the existing Loblaws store (which includes the mezzanine) would be utilized as DSTM space. This is an extremely conservative assumption and does not reflect the likely re-tenanting of this BeE Place, Suite 1800, Box 754. 181 Bay Street, Toronto, Ontario, Canada M5J 2T9 T: 416.863.1500 F: 416.863.1515 www.airdberlis.com Affiliated with Owen. Bird / Vancouver I~ I I I I I I I I I I I I I I I I I I June 13, 2005 Page 2 space. Instead, one could expect a mixture of commercial space including non- department store DSTM space, personal service space p~d service commercial space consistent with the usual mix of space found in most shoplling centres. This is consistent with the existing Zoning By-law provision which permits a broad range of retail and service uses on the Clarington Centre site. Furthermore, the mezzanine space is not conducive for use as retail commercial space. Yours very truly, AIRD & BERLlS LLP SAZ/mn : :ODMA\PCDOCS\DOCS\ 1898719\ 1 ~ Amv & BERLIS UP _"""""d5<>hcit"" Po......t""dTr...e"''"'~^8''''... .I I I I I I I I I I I I I I I I I I I j 1i..!'!,1'IC.'iWl[1 Wil'i: II;,. !~.~ .~. \! tl !;. 1",',- "-".>1 )""<"'. j, . J' ,jUri 1 Q 2005 V.:F'!GIPALiTV OF CU~Rlr~G f Joseph Urban Consultan s f'LMJP!ING DEPl1RTli1fr"Memorandum 310 Glencaim Avenue, Toronto M5N 1T9 Tel. (4161469-2388 Fax (416) 469-2967 h,mry.joseph@sympatico.ca From: Henry Joseph, Joseph Urban Consultants To: Richard Holy, Municipality of Clarington Tel. 905623-3379 ext. 332 Fax 905 623-0830 rholy@municipality.clarington.on.ca c.c. Stan Stein, Osler Hoskin & Harcourt Tel. 416862.$439 Fax 416 862.$666 sstein@osler.com Date: June 9, 2005 Re: Clarington Commercial Policy Review Addendum Market Analysis May 9, 2005 urban Metrics inc. Comments by Joseph Urban Consultants on behalf of Zellers Inc. As requested by legal counsel on behalf of Zellers Inc., we have undertaken a review of the above report and wish to provide the fol/owing perspeclive on the department store and specialty DSTM components of their analysis and the implications for the existing retailers, particularty the Zellers department store and the downtown. This report is a supplement to our original submission of February 18, 2005. Scope of Our Analysis We are induding herein an impact assessment of Scenario D-l at this time. The other five alternative scenarios provided by urbanMetrics inc. (hereinafter referred to as UM) differ in the magnitude and mix of project components and locational assignments of f1oorspace. However they aI/ have larger assignments of specialty DSTM floors pace than scenario 0-1. To the extent that we have provided concerns here with the magnitude and impact of proposed department store and specialty DSTM in Scenario D-1, the impact would be even greater in the alternative scenarios. We reserve the right to provide further analysis and comments as the intentions and priorities of the municipality for further development become more evident. Department Store Potential & Impact In schedule 1, we have identified the total DSTM potential from study area residents, adopting the forecast of the above addendum. However from that point on, we differ with the assumptions of UM \fJe expect the department store share of total DSTM expenditures to increase significantly with the addition of a Wal-Mart department store reaching 33% of total DSTM expenditures. This estimate contrasts with the 29% forecast by UM although they have in fact used 33% elsewhere in similar analyses. We have adopted the UM forecast of department store penetration levels in the study area. We consider the constant 30% inflow level to be significantly overstated for reasons expressed in our original review and have adjusted it downward. We have introduced phase 1 (105,600 sf) of the Wal-Mart facility in 2007, as proposed by UM, to indicate the initial impact on the Zellers store. The sales would be reduced to $1421sf, nearly 26% Joseph Urban Consultants I I I I I I I I I I I I I I I I I I I below the 2003 operating level of $203/sf and a significant impact. We have then introduced the second phase (145,600 sf total) in 2008, as proposed by UM, to show the further impact. The Zellers store sales would be reduced to $69/51, nearly 64% below their 2003 operating level and totally unacceptable as a performance level. This impact would carry on to a significant degree, even through the year 2013. Non- Department Store (Specialty) DSTM Potential & Impact In schedule 2,. we have identified the total specialty DSTM potential from study area residents, adopting the forecast of the above addendum. However from that point on, we also differ with the assumptions of UM. We expect the specialty DSTM share of total DSTM expenditures to decrease significantly with the addition of a Wal-Mart department store reaching 67% of total DSTM expenditures. This estimate contrasts with the 71% forecast by UM. We have adopted the UM forecast of specialty DSTM penetration levels in the study area. We consider the constant 33% inflow level to be significantly overstated for reasons expressed in our original review and have adjusted it downward. We have introduced the specialty DSTM f100rspace in 2007, as proposed by UM, to indicate the impact on existing specialty DSTM facilities. The overall sales would be reduced to $119/sf, nearly 48% below the 2003 operating level of $229151 and a major impact. This impact would carry on to a significant degree, even through the year 2013. The impact on the downtown in the year 2007 would be quite dramatic with the potential for closures of existing businesses. Mar1l:et Projections vs Proposed Retail Floorspace The proposals identified in the UM addendum report are summarized in Schedule 3 herein. With so many significant applications to consider in the face of a moderately growing market, the municipality must utilize its planning and approval capabilities to generate an orderly expansion of the retail base. The municipality's consultants have supported an expansion program based on extremely aggressive assumptions of outflow recovery and inflow growth. To the extent that new facilities are introduced and this growth potential is overstated, the existing retail facilities will sutler. The relatively modest forecast growth of 2,150 persons per annum will take years to overcome any overbuilding in this market. Projects should be carefully reviewed and approved in terms of their scale of operation, merchandising components and timing of development. Orderly Department Store Expansion We are suggesting a far more conservative, and we believe realistic, approach to department store expansion in Schedule 4. We do not see the necessity to strengthen the department store anchor capability of the municipality for another five years. The scale of operation of the proposed Waf-Mart, even phase 1 alone, (approaching $50 million per annum) exceeds the capability of the market to absorb it until the market potential has achieved the indicated increased potential. We don't see a further expansion of the indicated magnitude (41,000 sf) required for a further five years. 2 Joseph Urban Consultants '. I I I I I I I I I I I I I I I I I I Orderly Specialty OSTM Expansion We are suggesting an orderly approach to specialty OSTM expansion in Schedule 5. In order of priority, we would suggest: :.- Construction of the new Loblaw store phase 1; :.- remerchandising of the existing Loblaw store with associated expansion; " development of Clarington Place, with a limit of 81 ,900 sf on specialty DSTM; " completion of the Loblaw store phase 2 and completion of the Wal-Mart store phase 1; " subsequent completion of the Wal-Mart store phase 2; :.- a limit of 25,000 sf of specialty DSTM on the Torgan site - no priority other issues - " development of a single home improvement outlet - location to be resolved; 'i- development of a single warehouse membership club - location to be resolved; Lack of Directional Impact Analysis by urban Metrics In their initial report, urbanMetrics provided a directional impact analysis indicating the impact of the specialty DSTM proposals on existing commercial nodes including the downtown and the Clarington Centre in the order of 10% in 2007. This detailed analysis has not been provided in the addendum report, even though scenario 0-1 indicates (Table 4-D-1) a 22.5% impact on overall existing Clarington specialty DSTM f100rspace in 2007 which becomes even more severe in 2008 at 26.8% when phase 2 of the Wal-Mart is tested. Surely this is an important analysis in the scale and timing of Official Plan and Zoning amendment approvals. Responsibility of The Municipality We suggest that the municipality should apply an approach similar to Schedule 5 to identify key components of each proposal and priorize development approvals. While, we commend the municipality on taking a comprehensive approach to date to the planning of retail expansion, an orderly expansion with continued clear direction for both population and f100rspace milestones will benefit both the municipality and members of the existing retail community. Respectfully submitted Henry Joseph, RPP, MeIP, P.Eng., MBA President, Joseph Urban Consultants Toronto, Canada 3 Joseph Urban Consultants '. I I I I I I I I I I I I I I ~ ";;: " . o .'" .,0 o 0 ::>~ ~~ ~-g ." ~ . a. .., . ~a: I I I I ~ C .9 ~ o ~ ., . u i :; o ~ ~ 13 ~ E .. .. ~ ~ a. e s ., c . E t: ~ . c ~I ~....UcH~ ~Uiiq~q~ ~~t! o~8ou !~BU~~H CD i Ii ':J :s j ::;J :>;:) H'H.'iotai HU1Li~ ~ g~ CO; ~ cD ~ ~ ~ Leil g :; ;:;::~:.. t./t......... _ ... (A.... ~~~:~:i~~~~ ~ _ 0 M MO <0 r--.... 1:0 "iT ~ 'lI' CO).- It:l ...... ~ .... ... .., ~... :g0S! "':~~w:oO!~~ GIJ 0... ~~.- .0 .N ~ -cfcj~~~1BG.'~"-"'" '" ~I ~I '" .. .. .... .. ~ t2811)~~~~~OIl) Cl)IDti.M.CC~Na:i MIO~~::~II)t:::....fC, "' .. .. w """ ~_ ~ OO....#C")#CJt~N"": ~Ci...:~ai~..:~oj; (<)~. ~ ~ ~ t;;: II) ~ '" fo'7 .. .... ..,. 1ft.. ~I 00 m#rzd~m'#o ~ 010 cO ~~~ CO; C!cd Q) ~_~g~tO~....~ 9"- "' ~I l'l ~ ... ... .... &'J tit 00"1"" 'if/. 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" J ~ . i € . . S . 2 #" ii q ~ ~ ~ . " ~ '-I! q s ::I.. H ~ ~ N 2 . S .. ! i .. ! fi ! 'i ~ ~ = ~ ~ il ~ .l! 1': 'l5 S ~ Cl '0 -E l CD ~ S ~ .. " W ,; ~ 2 _ i . rg g ~ ~ ~ ;; :2 III ;; ~ '" II _ I- ~ ~ ~ ~ ~ ~ '0 ! 'ii ! Ji ~ ~ -0 Q) . v . in '& ~ '0 ~. ~ i ~ ~ ~ ~ is. o ~ .. :z: E fi '. . ~ . E ~ ~ ~ . 1 ~ 8" ~ .. j s ~ ~ . . . . . ] . > ~ . .. ~ ,; - , '--z ~~ I I I , Schedule 3 Prapared:lhJun-OS ProDl:lS@d Retail Floorsoace Scenario 0-1 '-001 H_ ""'" T.... c",oty Su_w1let -- !ll!!!<am! hn_m.nt -., f!oo!>l!OS! '''l '''l '''l '''l '''l '''l West Diamond/PlavMS: loblaws - Phase 1 n,ooo 36,000 29,600 142,600 LobIaws - Phase 2 21.300 1UQQ _ LobIaws 113,900 Waf-Mart - Phase 1 105,600 105,600 Wat-Mart - Phase 2 40,000 40 000 _Will-Mart 141,100 AnciRa 15,600 25 000 ....... Subtotal Phase 1 n.ooo 106.600 &1.600 0 54,100 211,800 Subtotal PhaH 2 I ~ 1U!!l! I I fWI!! Subtotal nooo 1.. BOO HI . BOO 350 100 Clarinaton C~ntre. Zeffers expansion 5,600 5,600 ~_lHe -41,700 -4,600 ~3,900 -50,400 loblaws r;::: 82,100 6,000 88,100 Is_ -41.100 1.600 n.3GO . 2,100 - Clarinalon PIaoi!! lVallanU' Home Depot 83,900 83,900 Olher Retail 81,900 35,100 117,000 Is_ F_...... . . 81,_ 13,800 31. too 200.... Canadian Tire' Canadian Tire ~ 15,200 15,200 Is_, F..... . 0 . 0 18,200 14.200 Toman Groub: Phase 1 75,000 76,400 95,000 246,400 Phase 2 18;300 18,300 ISuIlI_F_ 0 0 11.001 ..,.. ".000 214,700 m.: WMC Home Improvement (phase1) Proposed :::::= 2) 0 0 0 0 0 0 'S_ Other Bowmal1viUe: DesiQnal:ed convenience 15,000 ~:': 42,000 t Subtotat FIoorsP8Ce 0 0 16,000 0 42,080 Courtk:e MeA- V_P~ 75.000 75;000 150.000 IS_'F 0 0 71,000 0 75 000 150.000 Newcastle ViMaae: Dunburv + 564069 Ontario Ltd 10,000 i:;: 34.300 Is_~ 0 . 10,008 0 34_ Total Phase 1 35,300 111.2tIt 311.800 180,300 328,300 1,G20,too TotaJ Pha.. 2 I ~ Wl!l .!!.1Il I ZIJIl TolaI Floor 31,300 '01 407 100 17' ... 32. 00 1,100 600 SOlm:e Cl.!Irmglcn Commercial PolICy R""iew, Addendum Market Analysis, May 9, ?005, rable 0.1 AltemaUve Scenarios urbanmetrics LoeationJ Home 0..." Totat Category Suoermarket !2W.J!2!! other DSTM ImofOVemllnl RetallfOther FJoorsoace <>-1 35.300 151,200 401,100 178,600 328,300 1,100,500 <>-2 35,300 151,200 412,100 115,400 341,200 1,181,200 D-3 35.300 151.200 797,400 175,400 341.200 1,506,500 0-4 ".JOO 151,200 652,100 175,400 347,200 1,361,200 "" 16,000 '.600 ....900 175,400 343,100 1,203,000 ;)-5 :3:;00 '5::0C ,",06:0::: '-'e.,GOc ~::' :00 ~C3,}:O I I I I I I I I I I I I I I I I Joseph Urban Consultants I I Schedule 4: JUC Recommended Proaram Deaartment Store Potential & ImDaCt Prepared: 8-Jun-05 Perlod ~ ~ 2007 W! ~ ~ M1! IA) Market Potential Per Capita DSTM Expenditure I 3.600 $ 3,790 I 3.900 $ 3.955 $ 4.005 I 4.230 I 4.400 PopuIa1jon 77.200 61.500 84.910 66.600 00.500 96.900 100,000 Total DSTM Potential (Smllllons) I 214.1 $ 308.9 $ 331.1 $ 342.5 $ 369.1 $ 409.6 $ 453.2 Department: Store Share @ - see below note no, 1 26.5% 28.5% 26.5% 26.5% 33.0% 33.0% 33.0% Department Store Share PO_aJ ($mIllions) $ 75.3 $ 81.9 $ 17.8 $ 90.8 $ 121.8 $ 135.3 $ 149.. Clarington Share (%, 17.0% 17.0% 17.0% 17.0% 47.5% 47.5% 50.0% Clarlngton Share (Smlllons) $ 12.8 $ 13.9 $ 14.9 $ 15.4 $ 57.9 $ 84.2 $ 74.8 Plus jnflow @ ~ see below note no. 2 30.0% 30.0% 30.0% 30.0% 15.0% '5.0% 15.0% Inflow ($miltions) $ 5.5 $ 6.0 $ 6.4 $ 6.6 $ 10.2 $ 11.3 .L.!g Total ClarfllQton Potential ('millions) $ 18.3 $ 1'.9 $ 21.3 $ 22.0 $ 68.1 $ 75.8 $ ".0 (B) JoseDh Urban Consultants ImDaCt Scenario: ProDOSed Wal-Mart: ~ -.z F~..... 105,600 105,600 145,800 Sa_13, $ 450 $ 450 $ 450 $ 475 $ 450 ...... ($ millions) $ $ $ 47.5 $ 10.2 $ 65.5 Zellers: Sales ($ millions) $ 18.3 $ 21.3 $ 22.0 $ 20.5 $ 2$..4 $ 22.5 Floorspace (4) 00.000 95.600 95.600 95.600 95.600 96.600 S_ $ 203 $ 223 $ 231 $ 215 $ 265 $ Zl5 Change in saI.. from 2003 level _ $ $ 3.0 $ 3.6 $ 2.3 $ 7.1 $ 4.2 Chong. in _from 2003 _ _ % 16.6% 20.6% 12.4% 39.1% 22.6% NotH: (1) Department store sIlare d DSTM wi~ strengthen 'Mth acidilion ofWal-Mart (2) InftCIIN win increase In dollar terms, but at a reduced percentage of resident sales, due to rural nature of tertiary trade area to north al1d eiilst and presence d existing Zellers and Wal.Mart s10res on east side of OstlilWl. (3) Wal-Mart enlry levels currently testect at S450/sf "levels by other market consultanls (4) Zellers e.xpansion IX 5,500 ef propo&ed I I I I I I I I I I I I I I I I I Joseph Urban Con6ultants I I I I I I I I I I I I I I I I I I I Schedule 5: JUe Recommended Proaram Non-DeDartment Store OSTM Potential & ImDact Prepared: B-Jun..QS Period 2003 ~ ~ ~ W.Q 2013 1Q!! (A) Market Potential Per Capita DSTM Expenditure $ 3,680 $ 3,m $ 3,900 $ 3,955 $ 4,065 $ 4,230 $ 4,400 Population 77,= 81,500 84,910 00,600 90,600 96,900 103,0CIQ Total OSTM Potential ($millions) $ 284.1 $ 308.9 $ 331.1 $ 342.5 $ 369.1 $ 409.9 $ 453.2 Non-Deparbnent Store Share @ - see below note no. 1 73.5% 73.5% 73.5% 73.5% 67.0% 67.0% 67.0% Non-Depamnent Store Share Potential ($millions) $ 208.8 $ 227.0 $ 243.4 $ 251.7 $ 247.3 $ 214.6 $ 303.6 Clarington Share (%) 34.2% 34.2% 52.5% 52.5% 525% 525% 52.5% Clarington Share ($mUlions) $ 71.4 $ 77.6 $ 127.. $ 132.2 $ 129.8 $ 144.2 $ 159.4 Plus inflow @ - see below note no. 2 32.3% 323% 27.5% 27.5% 27.5% 27.5% 27.5% Inflow ($millons) $ 34.1 $ 37.0 $ 485 $ SO.1 $ 48.2 $ 54.7 ~ TotalClarl ton Potential $mllllons $ 10$.5 $ 114.7 $ 178.3 $ 112.3 $ 1?t.1 $ 198.1 $ 219.9 IB) JoseDh Urban Consultants Imaact Scenario: IWal-Mart: Phase 1 Phase 2 I Recommended Development Program: (Spec. DSTM) I lobIaws: Phase 1 Phase 2 West Diamond - loblaw 57,300 36.000 36,000 57.300 57,300 57,300 West Diamond - ottler 15,600 15,600 15,600 15,600 15,600 15,600 Clarington Centre 77.300 SO.4OO SO,4OO 77.300 77,300 77,300 Clarington Place 81,900 SO,OOO SO,OOO SO.OOO 81,900 81,900 Canadian Tire nla nla nla nla nla nla Torgan Group 75,000 25,000 25,000 25,000 25,000 25,000 AYT nla nla nla nla nla nla Other Bowmanville 15,000 15,000 15,000 15,000 15,000 15.000 Courtice MCA 75,000 25.000 25,00Cl 25,000 SO,OOO 75,000 Newcastle Village 10,000 10000 1Q.OOQ 10000 10000 10000 Total Floorspace 407,100 227,000 227,000 275,200 332,100 357,100 Sales/sf $ 2e5 $ 275 $ 285 $ 300 $ 325 Sales ($ mHlions) $ 60.2 I 62." $ 78." $ 99.6 $ 116.1 EXisting Stores: Sales ($ millions) $ 105.5 $ 114.7 $ 116.1 I 119.9 $ 100.6 $ 99.2 $ 103.8 Floorspace 460.900 460,900 460,900 460,900 460,900 460,900 460,900 SaJes/sf $ 229 $ 249 $ 2$2 $ 260 $ 218 $ 215 $ 225 Change in sales from 2003 1eveI- $ $ 10.8 $ 14.4 $ (4.8) $ (6.2) $ (1.7) Change in sales from 2003 level _ % 10.1% 13.6% ......6% -5.9% -1.6% Detailed Performance: Existing Stores RefatiVIlI ~ ~ 2007 ~ ~ 2013 m! S/sf '"' '''' '"' "" .", BowmanviDe Mall $ 540 2.36 $ 594 $ 613 $ 515 $ 506 $ 531 ClthOl' EastM.CA (incl._) $ 140 0.61 $ 154 $ 159 $ 134 $ 132 $ 138 West Main Central Area $ 335 1.46 $ 366 $ 380 $ 31" $ 315 $ 330 Other Bowmanville $ 120 052 $ 132 $ 136 $ 114 $ 113 $ 118 Subtotal Bowmanville $ 270 1.18 $ 297 $ 307 $ 257 S 254 $ 266 CourticeJWest Clsrington $ 185 0.81 $ 203 $ 210 $ 176 $ 174 $ 162 East Clarington $ 160 0.79 $ 198 $ 204 S 172 $ 169 $ 177 Total Clarington $ 229 1.00 S 252 $ 280 $ 218 S 21' S 22$ . ReJativeindex"felalive rformancestre h Clarin ton "'1,00 ba5edon2003 r100nance, e BowmafMlIe Mall 2013 - 235 x Clam on sates/sf Notes: (1,; Non-department store share of DSTM '" total DSTM . department store share (example 2007-;00%.330%" 67 0%) (2) Jnnow WIll JnCrea!>e in dollar terms, but at a reduCed percentage of resident :>ale!;, due to ll..Iral nature of ~eniary trade i3lea to nOrth i>nd east and presence of existing soec,atty DSTM stores on east SIl1" of ('),,~."""" Joseph Urban Consultants I I I I I I I I I I , I I I - ~ ~ ~ , , Addendum Market Analysis . Clarington Commercial Policy Review Prepared For: Meridian Planning Consulting Inc. Municipality of Clarington Date: May 9, 2005 urbanMetrics inc. markel. economic and strategic advisors 14'-146 Front street We,t. Suite 460 Toronto. ON MSJ 2L7 I I I I I I I I I I I (Jl ... z w '" iii w '" z o ... <:J Z "' <( -' '-' .. o -' <( >= z w ::;1 a: w '" ;:) ... _. is Zz a:q~ ~ t:! lJ) (!)>< ,.!! <: W Q ~ ii::l: '" OJ ~ r- ~ <(.... en 01 ~ {)!J ;~ I I I I I I I I " o o N !:!- "' .~ c. c. ~ (Jl ~ u IE o ~ '5 ::'c. ~ E ~ 0 22 '5 ... c. . ~ 0. ~ .g w"O 2;:;~ cSt;;] -D- O .5 JJ 41 ,_ <1J ,~ :i"U) > u .. e ~ .a c...,!:L Q "'0 "'0 ~ - 6'" ... ~ ~ 2 '5 c ~ 8- Iij ::;; ... (Jl o J! .0. . () ;; a. m ~ - N o N ~o.., ... 0 . <00., -r.",jN "'-'" "-" .. - o N OON 00 . ...0", . M~ 1,() "'0'" "-" " ;; N g80'! N"'''' _!DoO :C'l~ o - o N ",0_ <00 . 0"'" . o~ to ;;CJ)a. o ~~~~ ~""'C!N O'lfl't.......,. 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" . ~ .. ~ o .Ii i! .. x j x ~ ci + ., " ~ .. c . .. , ~ . c .. .0 ~ Ji ~ ~ ~ r ] j ~ 1;' ill J- 2 ~ 5 i l i ~ a:: Ol E " .2' c:: 0 of ~ .~ ~ ~ o .5 2 ~ :::t I: -- '8 "2 .:3: <lI " '2' OJ ~ 41 .- :8 e ill 01 ~ .. 3 ~ !i l ",~ > S""! '" g.liQ'~ III ~ (I) S .:; .c:M!'!!! ~ U j II III" II iii e:. ~ H ,iii E ::l II ~.>.E IIJ" oU "0..1 0... 3 a:: ~ ~ Q: ~ e '~nj~; o .l! ~ lI. a Ii II";! ; ..tl ! ! .g ~ ~JJ~'s (; i.ij.li I ;; 1! S ~ ~ ~ u~~~u. ~ .5:o~g~ ~:!.-1I'i : E.a.: ~ ~ 1: III '0 1:1 l<I '0 ~ .s .! a ~ II filli~ ~ ~~~~l 3 ~ . > , . . ~ ;; ~;:-NM :;; o ,," I I .able 5.0.' CURINGTON SCENARIO D. 1 DEPARTMENT STORE DSTM WARRANTED SPACE AND IMPACT ANALYSIS /$ Millions) I 2003 2005 2007 2008 2013 2016 I Clanr'loton Jcpartmenl 510re Expendituret. Clarington Share (%) (1 Claringlon Share ($) Less: Effective Competition ReSIdual Polermal from Cl:aring1on Residents $75.3 17.0% $12.8 $12.8 N/A $81.9 47.5% $Ja9 $12.8 $26.1 $41.7 5413.7 $12.8 $12.8 $28.9 $:)6.9 105,600 145,600 S380 $400 $40.1 558.2 $12.0 $17.5 $28.1 $40.7 $28.9 ""'.9 none $3.8 SO.8 non. $59.5 $12.8 $46.7 $131.4 'IlIV!ii $65.7 $12.8 $529 ,.\. : ,'i~ J; I..;:' ,.. '7 ~t..i \ .-,;'r...~ ..'.~ \T~..":::-;~;,~:;-;:'l'~~;.,:m $87.7 $99.3 $118.9 I :>ROPCSED DEPARTMENT STORE Proposed ~I-Mar1 (Phase 1 and Phase 2 Exp,lIwon). Square Feel GLA 'Nal-Mart Department Store Sales Pltr Square Foot Total Estimated Sales Volume Less: Innow@ 3O'lf. (2 Total Sales Required from Clannoton Residents TOTAL RESIDUAL SALES AVAIU\BlE FROM CLARINGTQN RESIDENTS Sales Tranclsr5 Required !rom Existlng CtarlngIDn Ze'*' NET AODrTlONAl RESIDUAL FOR OTHER CLAR1NGTON PROPOSEDlDES1GNATED SPACE 4 EXISTlNG CLARINGTON DEPARTMENT STORE DSTM SPACE: Sales from ClaOOgton Res.Jderrtl ($ Millions) 145,600 145,600 $ol5O """ ....5 $72." $19.7 521.8 $.45,S $51.0 ....7 $52.9 no'. "'" $0.' $1.9 5'4,7 I I I I Net Sales from Claringfon Residents (SMilIions) $12.8 S13.4 US $13..5 $14..5 PllA: Estimated 11'11'10..... 30% (2 $5.5 $5.7 OJ." $5.5 $62 TOTAL SALES $18.3 $1g,1 S12.8 $19.3 $20.7 Total Sq A GLA 90,000 95,600 95,600 95,600 95.600 Etisting Sales Per Square Feet GLA (3 1205 S200 "30 1200 1215 Change in TOTAL Sales From E)(lstl Levc~ -2.4% -3<.... -2.'% 4.9".4 I Source urtlanMetncs ioe. n Based on Ins ",flult& 01 the telephone consumer aurvey (2003). 2) Innow estimated besed on the resuns of the licence plete IUNey conducted in 2003 at C1aringlo/'l Centre. 3) Rounded 10 the nearest $5 per square fool: groS$leasable area. d) Excluding any additional residual potential required !rom other store types analyzad. I I I I I I I I I I I I I I I I I I I I I I I I I I I I HOLBURN HOLBURN BIOMEDICAL CORPORATION Municipality of Clarington 40 Temperance Street Bowmanvil/e, Ontario L 1C 3A6 June 10, 2005 Attention: Mr. David Crome Dear Sir, Re: Proposed Amendment No. 43 to the Clarinaton Official Plan The Holbum Group recently purchased approximately 49 acres within the area bounded by Highway 2 to the North, Bennett Road to the East, an unopened Road Allowance for Baseline Road to the south, and lands privately held to the west. As the Municipality is fully aware, Holburn purchased these lands for the purpose of establishing a Scientific Research and Development Park with the understanding that it had the Municipality's support and commitment to assist in creating an employment area of exception quality to attract scientific-related businesses. The Municipality is currently undertaking a planning and servicing study of the surrounding area of approximately 300 acres for a Science & Technology Park. The lands included in the study are located in a designated Employment Area, consisting of Prestige Employment Areas, Light Industrial Areas and General Industrial Areas. Moreover, Holbum has invested a considerable amount of money and resources in the construction of the first phase of the Park, consisting of 40,000 square foot scientific research facility, presently under construction and scheduled to be completed in the fall of 2005. As explained below, the abovementioned Amendment No. 43, and particularly paragraph 55 thereof, pertains to the uses that may be permitted on lands designated as "Light Industrial Area". As a result, the proposed amendment would directly affect much of the lands included in the proposed Science Park, and permit uses that may be detrimental to the planning, design and future of the Park. Accordingly, Ho/burn respectfully requests that the Municipality consider and implement the following submissions made in regard to the abovementioned matter. 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 '1 I I I I I I I I I I I I I I I I I I Holburn Biomedical Corporation - 2 of 5 Amendment Proposed by Municipal Staff The amendment proposes that Home Improvement Centres should be a permitted use in Light Industrial Areas, and the wording of Section 11.5.2 of the Clarington Official Plan would be as follows: 'The predominant use of land in the Light Industrial Areas shall be manufacturing, assembling, processing, fabricating, repairing, research and development and warehousing. Certain commercial, community and recreational uses, including banks, restaurants, athletic clubs, banquet facilities, and fraternal organizations, are permitted provided they are limited in scale and provide services to employees of the Employment Area. Home ImDrovement Centres may be Dermitted bv amendment to this Plan." The Municipality's consultants and staff expressly recommend an approach to land use designations and policies that: (a) addresses market demands as well as (b) ensures the achievement of planned function and urban design objectives. 1 It is respectfully submitted that the suggested inclusion of Home Improvement Centres as a permitted use in designated Light Industrial Areas is indeed inconsistent with the Municipality's recommended approach. Based on the following discussion, it is Holburn's request that the last sentence of the proposed wording for Section 11.5.2 (underlined above) be deleted. In regard to the proposal to allow Home Improvement Centers as a permitted use in lands designated as Light Industrial Areas, the following issues must be addressed: (a) does it address market demands, and (b) does it achieve planned function and urban design objectives? ISSUES A. Does The Proposed Permitted Use Designation Address Market Demands? It is submitted that there is insufficient market demand to necessitate the uncommon and apparently preferential inclusion of a Home Improvement Centres Use in Light Industrial Areas. While, on the other hand, there is a market demand to preserve the Light Industrial Areas for the uses commonly associated therewith. Under the present Official Plan and the Proposed Amendments thereto, Highway Commercial Districts are designated to accommodate large format retailers such as: .....motor vehicle sales and service establishment, home improvement centres, large 1 Commercial Policy Review Final Report, May 30,2005, p. 6 A Division of "The Holburn Group of Companies" 200 Baseline Road East, Bowmanvllle, Ontario, Canada, L1C lA2 Phone: +1 (905) 623-1484 Fax: +1 (905) 623-6702 mall@holburn.com www.holburn.com I I I I I I I I I I I I I I I I I I I Holburn Biomedical Corporation - 3 of 5 format home fumishing stores and other large format retailers,... ".2 Currently, there are five Highway Commercial Areas/Districts already designated by the Plan. It is submitted that, based on the results of the Municipality's market analysis conducted by UrbanMetrics Inc., and given (a) the existing Home Improvement stores in Clarington and (b) the current applications for Home Improvement Centres within the Municipality, there is no market need or requirement to necessitate the intrusion of Home Improvement Centres uses into Light Industrial Areas. From a planning standpoint, this special treatment is unsupported. The future market demand for this type of retail commercial use will be adequately accommodated in the areas already appropriately designated as Commercial Centers and Highway Commercial Districts. Furthermore, Holbum agrees with the following recommendation found in the Meridian Report: "If there is excess market demand beyond the forecast time period evaluated, additional new commercial development can be accommodated through redevelopment, intensification and intill in existing planned areasn3 It is submitted that the planned areas should not include Light Industrial Areas. Furthermore, it is submitted that the availability of, and anticipated market demand for, attractive, developable Light Industrial lands in Clarington is such that the Municipality should act to preserve the existing industrial areas and protect them from the intrusion of large format retail development. Failure to do so would result in lost opportunities to attract "new-economy", light industrial businesses and to diversify Clarington's employment base. Indeed, this consideration finds support in the Meridian Report.4 B. Does The Proposed Permitted Use Designation Achieve Planned Function and Design Objectives? The Meridian report characterizes Home Improvement Centres as "quasi-industrial", and its recommendation to allow this commercial use in Light Industrial Areas is based on this characterization. It is submitted that this rationale runs contrary to the Municipality's planning goals, objectives and policies for Employment Areas and, in particular, Light Industrial Areas, and contradicts other recommendations found in the Meridian Report, as follows: 1. The Official Plan's goal for Employment Areas is "to provide a variety of economic and employment opportunities in the Municipality". A primary objective is: 2 Amendment No. 43 to the Clarington Official Plan, May 31, 2005, section 46. 3 Commercial Policy Review Final Report, May 30, 2005, p. 18 4 Ibid, Appendix A, p. 8 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 I I I I I I I I I I I I I I I I I I I Holburn Biomedical Corporation - 4 of 5 "To provide a variety of industrial lands to allow for the expansion and diversification of the employment base." (Section 11.2.1) To allow Home Improvement Centers in Light Industrial Areas would decrease the inventory of available Employment lands and reduce the opportunities to expand and diversify Clarington's economic and employment base. 2. Clarington's planning objective for lands designated as Light Industrial is to accommodate uses that are customarily identified for this type of designation: manufacturing, assembling, processing, fabricating, repairing, research and development, and warehousing. Certain commercial uses, including banks, and restaurants, are permitted provided they are limited in scale and provide services to employees of the Employment Area. This is consistent with the definition of "Light Industrial" found in the Municipal Act and the Assessment Act, R.S.O. 1990, as amended. The proposed inclusion of Home Improvement Centers as a permitted use is inconsistent with this designation. Home Improvement Centers are large format retailers.s Although Home Improvement Centers usually have outdoor storage which is permitted under the Light Industrial designation, this is not enough to have them considered industrial or "quasi-industrial". The predominant, essential aspects of the use are commercial retail. In Home Improvement Centers, there is no industrial activity undertaken. The goods sold are not produced on site. The commercial use is neither "limited in scale" nor intended to proVide service to the employees in the employment Area. The recommendation that Home Improvement Centers be allowed to locate in Light Industrial Areas contradicts another statement in the Meridian Report: "Commercial uses in Employment Areas should continue to be limited in scale and intended to service employees in the area and be accessory uses". 6 3. According to the Meridian report, the preferred policy approach and a key element of the long term urban structure objectives is to focus potential commercial development in existing commercial Centers.? To permit the Home Improvement Centers' commercial retail use in a non-commercial Center (I.e. Light Industrial Area) is inconsistent with this key objective. S Amendment No. 43 to the Clarington Official Plan, May 31,2005, section 46 6 Commercial Policy Review Final Report, May 30, 2005, p. 20 7 Ibid, p. ii, paragraph ] 2 A Division of "The Holbum Group of Companies" 200 Ba.ellne Road East, Bowmanvllle, Ontario, Canada, L1C 1A2 Phone: +1 (905) 623.1484 Fax: +1 (905) 623.6702 mall@holburn.com www.holburn.com I' I I I I I I I I I I I I I I I I I I Holburn Biomedical Corporation - 5 of 5 CONCLUSION In conclusion, it is Holburn's request that paragraph 55 of proposed Amendment No. 43 to the Clarington Official Plan be amended by deleting the last sentence thereof, which reads: "Home Improvement Centers may be permitted by amendment to this Plan". It is respectfully submitted that the recommendation to include this use as a permitted use in Light Industrial Areas is not based on sound planning rationale, is inconsistent with the recommended approach to land use designations, and is contrary to the Municipality of Clarington's functional planning and urban design objectives. It is further submitted that had Holbum known that the Municipality would consider amending the Official Plan in a manner that would permit large format retailers such as Home Improvement Centers in Light Industrial Areas, it would not have made such a significant financial and business investment in Clarington. The initiative to create an employment area of exceptional quality and campus-like character, to attract scientific research and development businesses in the pharmaceutical and biotech industries, located on the east side of Bowmanville, in the center of Clarington, would not have occurred. Yours truly, Mark R. Fray Counsel and Vice-President A Division of "The Holburn Group of Companies" 200 Baseline Road East, Bowmanvllle, Ontario, Canada, L1C 1A2 Phone: +1 (905) 823-1484 Fax: +1 (905) 623-8702 mall@holburn.com www.holburn.com I I I I I I I I I I , I I I I I I I I I Newcastle IGA 131 King Avenue East, Newcastle, Ontario. LlB IH3 (905) 987-4627 -(905) 987-3053 fax June 9,2005 Municipality of Clarington, 40 Temperance Street Bowmanville, ON, LIC 3A6 Re: Clarington Commercial Policy Review, Urban Metrics, Dec 17,2004 This letter is in response to the report by Urban Metrics for the Municipality of Clarington. There are a couple fundamental issues that the report fails to address adequately. I am the owner of a 25,000 sq ft retail grocery store in the village of Newcastle. The grocery retail is a fluid market and the existing stores are already increasing their size. The A+P in the Bowmanville Mall is doubling in size to 55,000 sq. ft. The A+P on Liberty Street, will most likely change to a Food Basics, low price banner. Sobeys is also going to build a new 55,000 sq ft store in Bowmanville shortly. So, the warranted supermarket space is already diminishing, even before the proposed development of the 180,000 sq ft Real Canadian Super Store by Loblaws. The existing 45,0000 sq ft Loblaws has a lease clause that states the building must be a grocery store. This results in another net increase of 45,000 sq ft of grocery space. The other major problem with the report is that it categorizes the Department Store Type Merchandise store as separate from the Supermarket store. The reality is that a 150,0000 sq ft Wal Mart already has a complete grocery store inside their footprint. The Real Canadian Super Store is an overbloated LoblawslNo Frills store. The Zellers store in Bowmanville is currently installing refrigerated cases to add more grocery items. The Shopper's Drug Marts have a complete dry grocery section in them. The grocery business is not underutilized in the Clarington area. Please review these two points when deciding on additional commercial space for Clarington. Y09l'.a-ynly, /..~ f~sIDl .~.,. t I I I I I I I I I I I I I I I I I I OJ".J..V/Vv ..L~;U':l: n.~lS.ut..ra.A .t"'ftuc. L/u Ira T. Kagan Tel: 416-368-2100 Ert.226 Direct Fax: 416-324-4224 E-mail: ikaRan@k.zfs.com File # 04254 June 7, 2005 By Fax (905-623-6506) Ms. Patti Barrie Clerk, Municipality ofClarington 40 Temperance Street Bowrnanville, Ontario LlC 3A6 Dear Ms. Barrie: Re: Public meeting on the Commercial Policy Review and applications by Halloway Holdings Limited (COPA 2202-009) Public meeting scheduled for June 13, 2005 at 9:30am Council meeting at 7pm June 13, 2005 We are the solicitors for A YT Corporation, owner of the approximately 54 acre property on the west side of Bennett Road between Baseline Road and Highway 401. Our client has active applications for Official Plan Amendment and Zoning By-law Amendment with the municipality. We appeared at the AYT public meeting on May 9,2005 to address our client's application. At that time we noted that staff were expected to report back to Council on the Commercial Policy Review and the Halloway Holdings Limited development applications on or about June 13 th. We requested that staff report back on the A YT applicati on at the same time. We made this request for a number of reasons. One reason was because the draft final report on the Commercial Policy Review was recommending deletion of uses presently permitted on our client's lands. Our client's present application makes use of these permitted uses. Moreover, proposed policies in the Commercial Policy Review discourage or prevent the approval of the A YT application. In summary, these proposed changes move the land use planning process in the wrong direction as it applies to our client's lands. We are hopeful that Council will deal with (and make a decision on) our client's applications on June 27th. Our client is hopeful that Council will approve its p. 1 laljl'Aven~eIt~tqt'qPtP.Q~t$tiq~~Jl PhoJ're:(ii16)Sog.2100rl'tax:(416) 3~206 .~~D.._. -.. p.2 18.~::Ayetlqet~tO(Qptp.~Ql1&ifiQ..M5R~JJ Phooe:(~t6)S6S-2100;. Jl'ax:(416) 36tS-S266 I I I I I I I I I I I I I I I I I I I . . applications at that time. Given that some ofthe recommendations of the Commercial Policy Review are at odds with at the A YT application, and given the possibility of Council approving the A YT applications, it makes sense for Council to deal with both aspects at the same meeting so that its decisions will be consistent. The other reason we asked staff to report back on the AYT applications at the same time as the others was because, depending upon the results of the market study and Commercial Policy Review, it is possible that Council would have to chose between the Halloway site and the A YT site if only one Home Improvement Store could be approved. By having the benefit of the planning reports for both sites at the same Council meeting, Council would be in a better position to make that choice. We have just leamed that staff are not bringing forward the A YT applications for the June 13th Council meeting. Moreover, we have not yet seen the staff recommendation for the HaIJoway Holdings proposal nor for the A YT proposal. At this time we are not certain that we wilJ be able to attend the 9:30am June 13th public meeting for the Halloway Holdings proposal. Without having the benefit of seeing the staffreports (for either site), our ability to comment at this time is limited. What we can do, however, is ask that Council prefer the A YT site to the HaIJoway Holdings site IF a choice between the two sites is necessary. We would also ask that Council not accept those recommendations of the Commercial Policy Review that have the effect of changing the permitted land use pennissions on the A YT site or that discourage or prevent approval of the A YT applications. Kindly provide us with notice of any decision, including but not limited to the passage of any Zoning By-law or adoption of any Official Plan Amendment, with resEect to the Commercial Policy Review or the public meeting being held at 9:30am on June 13 . Thank you. Yours verytmly, /~ Ira T. Kagan cc. David Chrome A YT Corporation R:\IRA\AYTlLellels\Clerk JUlie 7, WOW<<