i) redesignates a portion of the property located at 750 St. Clair Street from

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1 TO: FROM: Mayor and Members of Council Storey Samways Planning Ltd. 330 RICHMOND ST., SUITE #204, CHATHAM, ONTARIO N7M 1P7 TELEPHONE (519) FAX (519) DATE: March 29, 2010 SUBJECT: Planning Services Report GENERAL FILE INFORMATION AND KEY MAP Application: Combined Application for Official Plan Amendment (OPA No. 11), Consent (File B-131/08) and Zoning By-law Amendment (File D-28 DO/108/08/P) Hansen#: 5289 Applicant: Location: Frank & Geraldine Pomajba Owners MEDD Development Group - Developer 750 St. Clair Street. Part of Lot 24, Concession 3 & Parts 10, 14 & 15, RP 24R 7741 Roll Number: Community: Dover (North Kent) RECOMMENDATIONS: It is recommended that: 1. Council approve official plan amendment application D-28 DO/108/08/P, being OPA No. 11 to the Chatham-Kent Official Plan in the Community of Chatham, that does the following: i) redesignates a portion of the property located at 750 St. Clair Street from

2 Frank & Geraldine Pomajba / MEDD Development Page 2 OPA No. 11, D-28 DO/108/08/P, B-131/08 Agricultural Area to Power Centre Commercial Area to permit the development of a Home Improvement Store (including garden centre), a cinema and ancillary commercial uses; ii) introduces the Northwest St. Clair Secondary Plan into the Official Plan. 3. Council approve zoning by-law amendment application D-28 DO/108/08/P and adopt the by-law to implement the official plan amendment for the redesignated portion of the subject lands, which does the following: i) permits only the Home Improvement store, cinema and three proposed smaller scale ancillary commercial pads; ii) limits the size of the Home Improvement store and cinema; iii) introduces the H Holding Symbol limiting the initial phase of development to the Home Improvement store, cinema and one of the ancillary commercial uses until such time as an updated Traffic Impact Study is provided; iv) permits the existing livestock facility to continue on the remnant lands of the applicant for one year from the issuance of the building permit. 4. Council approve consent application B-131/08 to permit the creation of a new commercial lot, in Part of Lot 24, Concession 3, in the Community of Dover, subject to the following conditions: i) that the parcel be rezoned as described in Recommendation 2; ii) that the applicant(s) complete an archaeological assessment and submit a letter of clearance from the Ministry of Culture to the Municipality; iii) that the applicant pay $85 for the cost associated with the apportionment of assessment under the Drainage Act related to the subject lands; iv) that the necessary deed(s), transfer or charges be submitted in triplicate; signed and fully executed ( no photo copies), including a copy of the reference plan, prior to certification. DESCRIPTION OF PROPOSAL: The subject property is a 31 ha (76.5 ac.) farm parcel located on the west side of St. Clair Street, south of Pioneer Line, in the Community of Dover. The owner of the property has received an offer to purchase for 6.5 ha (16.02 ac.) of the site to the north of the Martin Drain, extending to the boundary of the Canril / Home Depot property to the north, from MEDD Development Group Ltd.(MEDD). MEDD is proposing to develop

3 Frank & Geraldine Pomajba / MEDD Development Page 3 OPA No. 11, D-28 DO/108/08/P, B-131/08 the lands for a new commercial development which would include a big box format home improvement centre, a multiplex cinema, and three smaller scale, stand alone ancillary commercial pads. The lands are currently located outside of the Chatham Urban Boundary. In order for the proposed development to proceed a number of Planning Act approvals are required as follows: i) an amendment of the Chatham-Kent Official Plan to expand the urban boundary to include the 6.5 ha (16.02 ac.) of the subject property by means of a secondary plan process; ii) iii) iv) an amendment of the Chatham-Kent Official Plan to redesignate the severed parcel from Agricultural Area to Power Centre Commercial Area to permit both the proposed commercial development and the creation of a new commercial lot; a consent to sever creating the 6.5 ha (16.02 ac.) commercial lot; a zoning amendment to rezone the severed parcel to an appropriate commercial classification to permit the proposed uses; v) a zoning amendment to permit the existing livestock operation on the retained parcel to continue temporarily until a new facility is constructed to relocated the livestock, and; vi) approval of a site plan for the proposed development. A number of studies have been prepared in support of the application, namely: Northwest St. Clair Secondary Plan Background Report by Storey Samways Planning Ltd., March 2010; Market Feasibility and Impact Report for 6.5 ha (16 ac.) Lowe s Site by John Winter Associates Limited, November 2008; Planning Justification Report for Proposed Commercial Development, Power Centre Expansion, by Stantec Consulting Ltd., August, 2009; Chatham Power Centre - Traffic Impact Study by Stantec Consulting Ltd., initial draft August, The three documents submitted on behalf of the applicant have been peer reviewed by consultants retained by the Municipality at the expense of the developer. 1. Note that the final draft of the Traffic Impact Study had not been received at the time of writing but is expected prior to the April 19 Council meeting.

4 Frank & Geraldine Pomajba / MEDD Development Page 4 OPA No. 11, D-28 DO/108/08/P, B-131/08 Finally, it should be noted that while the official plan and zoning by-law amendments are deemed ready to proceed, there are still several matters associated with the site plan approval process which need to be completed. Therefore the site plan application will be brought forward in a separate report. BACKGROUND: Lands to be redesignated Dimensions m F x m D (916.2 ft. x ft.) Area 6.5 ha (16.02 ac.) Existing Use farmland Proposed Uses commercial development Services full services available, new connections will be required Access new access to the existing signalized intersection will be required Retained Lands Dimensions m F x irregular D (285.9 ft. x irregular) Area 24.2 ha (60 ac.) Existing Use farmland with single detached dwelling and outbuildings Services municipal water and private septic system Access existing access Surrounding Land Uses Official Plan Existing Zoning see Appendix A attached Agricultural Area A1, Agricultural CONSULTATION: The following agencies have responded to circulation of this development proposal. 2 i) Technical Advisory Committee (TAC) There has been a significant ongoing review of the proposal by TAC which generally supports the project. At the time of writing technical items relating to traffic impact remain which can be resolved through the site plan control process. 2. Documents referenced in this section and elsewhere in this report can be found at the following internet web address: ftp://storeysamways.ca; username: storeyguest: password: 32pins. Hard copies are also available for review at the Chatham-Kent Planning Department and Storey Samways Planning Ltd.

5 Frank & Geraldine Pomajba / MEDD Development Page 5 OPA No. 11, D-28 DO/108/08/P, B-131/08 ii) Ministry of Municipal Affairs and Housing (MMAH) Ministry comments were received in response to the notice for the public open house meeting in a letter dated February 24, 2010 by Tammie Ryall which is included as Appendix B. In summary, Ms. Ryall notes that the proposal, if approved, will result in an expansion of the settlement area boundary of Chatham. As such section of the Provincial Policy Statement (PPS), which involves the completion of a comprehensive review, and Section of the PPS, which deals with removal of prime agricultural lands, will need to be addressed. Ms. Ryall also notes that the Ministry of Natural Resources has observed that there is no natural heritage features, apart from the Martin Drain, and that the Ministry of Transportation (MTO) will need to approve any new traffic signal, as St. Clair Street is part of the Highway 40 connecting link system. Comment: With regard to Section of the PPS a comprehensive review is a major undertaking affecting all settlement areas in Chatham-Kent, not just the proposed urban area expansion for MEDD. In a report dated Feb 18, 2010, and deferred on March 8, Ralph Pugliese, Director of Planning Services, informed Council of the status of the Comprehensive Review process. Council will be provided an update on the comprehensive review status at the April 19 planning meeting. With regard to Section of the PPS, the removal of prime agricultural land is addressed partly through the comprehensive review process, and partly through the discussion of the Chatham-Kent Official Plan under the Analysis section below. iii) Applicant Submissions At the direction of the Municipality, the applicant has submitted three reports in support of the application, as discussed below. a) Market Feasibility and Impact Report for 16 acre Lowe s Site by John Winter Associates Ltd., November This is a thorough assessment of demand within existing market conditions for a new home improvement centre and cinema. It is the conclusion of Mr. Winter that both projects can proceed without undue impact on the downtown core or any of the other high level commercial areas in Chatham. The executive summary is attached as Appendix C It should be noted that Mr. Winter based his review on an earlier draft which included an 8,733 sq. m (94,000 sq. ft.) store with a 2,732 sq. m (29,313 sq. ft.) partially open storage and garden centre. The final version of the plan used in this report includes a smaller store 7780 sq. m (83,740 sq. ft.) but a larger covered lumber storage area and garden centre 4,414 sq. m (47,510 sq. ft.). For the purpose of the zoning by-law, the parking requirement is based on the gross floor area of the store and covered storage area, but excludes the garden centre. This is the same standard applied to the other Power Centre sites.

6 Frank & Geraldine Pomajba / MEDD Development Page 6 OPA No. 11, D-28 DO/108/08/P, B-131/08 Comment: As required by the Official Plan, the Winter study was peer reviewed by an independent expert retained by Chatham-Kent, Mr. Scott Morgan. It should be noted that Mr. Morgan is the author of the Retail Commercial Systems Study for Chatham- Kent, dated July 31, 2003, which formed the basis for commercial land use policy in the Chatham-Kent Official Plan. Mr. Morgan also played a prominent role in the consideration of the Canril project. The summary of Mr. Morgan s findings is included as Appendix D. In effect, after an extensive review, Mr. Morgan finds no reason to challenge the conclusions of the Winter report. b) Planning Justification Report Proposed Commercial Development Power Centre Expansion by Stantec Consulting Ltd., August Generally, this report was an assessment of the proposed development within the context of the relevant policies of the Chatham-Kent Official Plan. Of particular importance was the review of various alternative sites, eight in total, elsewhere in the Chatham Urban Area. The report concluded that overall, the proposal conformed with the policies of the Official Plan, and that the subject site was the most appropriate. A Lowe s Home Improvement Store falls into the big box retail category similar to the Home Depot, Wal-Mart and Loblaws (Real Canadian Superstore) facilities in this area. These uses are best situated in proximity to each other and located in a special commercial area known as a power center. The executive summary is included as Appendix E. Comment: Administration and this office have reviewed the Planning Justification Report and agree with the conclusions. c) Chatham Power Centre Traffic Impact Study (TIS) by Stantec Consulting Ltd., initial draft August Several drafts of the TIS have been submitted since the initial August 2009 document. The Terms of Reference for the Study were prepared by Engineering and Infrastructure Services (EIS) and require the study to review and address regional traffic impacts as well as those at the site itself. While significant progress has been made, a final accepted version had not been agreed on at the time of writing. One important outcome has been the conclusion that only partial build out of the project is possible unless additional off-site works are undertaken. These off-site works identified in the draft TIS area as follows: A second site access, either from the north (i.e. the Canril site) or across the Martin Drain to the south; Improved access to St. Clair from Regency Drive (St. Clair Estates);

7 Frank & Geraldine Pomajba / MEDD Development Page 7 OPA No. 11, D-28 DO/108/08/P, B-131/08 Improvements to the St. Clair/Gregory Drive intersection. A phased approach is therefore recommended whereby the Lowe s store, cinema and bank can proceed based on site-related improvements. Full build out can only occur after the TIS has been updated and the necessary additional improvements agreed to. Comment: Chatham-Kent has retained Stephen Brook, a transportation expert with Dillon Consulting, to peer review the TIS. Mr. Brook agrees with the recommended phased approach, but retains concerns regarding site circulation. It is anticipated that a final version of the TIS acceptable to EIS and Mr. Brook will be available by the April 19 Council meeting. iv) Chatham Downtown Business Improvement Association At the time of writing, we have received informal comments from a BIA representative expressing concern regarding the effect of a new cinema on the existing Cinema 6 facility and the impact its potential closure could have on the Chatham downtown area. Comment: A representative from our office will be attending the next regular BIA meeting on April 6 to provide further information and answer questions. Presumably a formal letter will be sent to Council regarding this issue prior to the April 19 Council meeting. This matter is discussed further in the Official Plan section of the Analysis. v) Public Response Public comments were provided at a Public Information Open House on January 14, 2010 at the Salvation Army Church. A summary of the responses is included as Appendix F. The list of attendees, 23 in total, and comment sheets are found in the Northwest St. Clair Secondary Plan Background Report. Generally, the response was favourable but some specific common concerns were raised: a) A sidewalk on the west side of St. Clair Street connecting Gregory Drive to the Power Centre is needed. Comment: This will be addressed in the site plan report. b) Traffic on St. Clair Street is an issue, in particular the ability to access the road from Maryknoll Road and Regency Drive. Comment: This has been a concern identified in past traffic impact studies and has been reviewed in the Chatham Power Centre TIS. This will be addressed in the site plan report.

8 Frank & Geraldine Pomajba / MEDD Development Page 8 OPA No. 11, D-28 DO/108/08/P, B-131/08 ANALYSIS: c) Concerns were raised regarding odours emanating from the sanitary sewer on Maryknoll Road. Comment: This is not an issue associated with the MEDD project. The concern has been forwarded to IES. Community Strategic Plan The recommendations in this report support the following objectives and strategic directions: B. Economy We are a prosperous community B2. Make Chatham-Kent a business friendly community and a desirable leisure destination Desired Outcomes/Proposed Activities Increase the diversity of our investments, entrepreneurs and skilled work force Increase existing business activity and attract new businesses to Chatham-Kent The recommendations may have an impact on the following proposed activities: B3. Maintain and enhance new and existing infrastructure to support economic and smart growth opportunities Desired Outcomes/Proposed Activities Attract new economic and land development opportunities Continue to support the development of our downtown areas as vibrant and attractive focal points in our communities Comment: There is significant underutilized servicing capacity in the North St. Clair Street corridor which will be partly taken up by the proposed development, and an important feature in the attraction of this land development. However, it is possible that the introduction of a new cinema could have a negative impact on the downtown of the Chatham Urban Area. As is discussed in the Analysis section below, the Official Plan provides detailed policies which determine the threshold of when the public interest is best served by the introduction of a competing commercial facility (in this case a new cinema), and when it is best served by the protection of an existing commercial use. In the case of the cinema, the review process supports the introduction of competition.

9 Frank & Geraldine Pomajba / MEDD Development Page 9 OPA No. 11, D-28 DO/108/08/P, B-131/08 Provincial Policy Statement (PPS) Generally, the proposal conforms with the PPS, and in particular implements sections 1.6 Infrastructure and Public Service Facilities (optimization of existing infrastructure), Transportation System (efficient use of existing and planned roadway infrastructure) and 1.7 Long Term Economic Prosperity. As noted by Ms. Ryall in her letter, the development approval process must justify: The expansion of the settlement area boundary required under Section by means of a comprehensive review. Comment: This issue is being addressed in a separate report to be brought to Council at the April 19 th meeting. The removal of prime agricultural lands from a prime agricultural area as required in Section Comment: The policies of Section of the Chatham-Kent Official Plan require a justification similar to that of Section of the PPS. These are addressed in the Official Plan part of the Analysis section of this report. Chatham-Kent Official Plan The development proposal is subject to two parts of the Official Plan, Section Secondary Plans and Section B.2.5. Power Centre Commercial Policies. It is Policy B of the Power Centre policies, as discussed below, which states that a secondary plan is necessary. The relevant policies with comments are as follows. Section Secondary Plans Secondary Plans will be used to address the need for more detailed areabased planning in proposed new development and/or redevelopment areas within and/or adjacent to the Primary and Secondary Urban Centres. Comment: The expansion of a power centre involves significant commercial development with potential major impacts on servicing and particularly in this case, roads. Also the possible impact on the planned function of other high level commercial areas in Chatham requires the type of detailed review associated with a secondary plan exercise. The title of the plan for the subject lands is the Northwest St. Clair Secondary Plan (NWSCSP). It should be noted that a secondary plan was also considered necessary for land already largely developed on the east side St. Clair Street., approved by Council as OPA 7 in June of 2008, and known as the St. Clair North Secondary Plan.

10 Frank & Geraldine Pomajba / MEDD Development Page 10 OPA No. 11, D-28 DO/108/08/P, B-131/ Secondary Plans shall address matters such as land use, urban form and design, transportation, servicing, development phasing and other related considerations. Comment: The principal matters associated with the NWSCSP are land use, transportation, cost-sharing of servicing and development phasing The Municipality shall require that Secondary Plans be supported by technical studies such as the following: a) Planning Justification Study; Comment: A PJS has been provided and accepted by Administration and this office and as discussed in the consultation section. The Executive Summary is included as Appendix E. b) Traffic Impact Study and/or Transportation Study; Comment: A TIS has been undertaken. A final draft acceptable to EIS is expected prior to the April 19 Council meeting. c) Master Water and/or Sanitary Servicing Plan; d) Master Regional Stormwater Drainage Plan; Comment: Trunk water and sanitary services are available at the site and no further study is required. Stormwater drainage will be site specific and form part of the site plan agreement. e) Market Demand and Directional Impact Study (for the proposed commercial development in excess of 20,000 sq. ft. of gross floor area that is not warranted by the Retail Commercial Systems Study); Comment: The Market Impact Study has been provided in accordance with the more detailed requirements found in Section B.2.5 Power Centre Commercial policies. f) Environmental Impact Study (EIS); Comment: Based on an initial screening of possible environmental issues, it was determined that an EIS would not be required; g) Development Phasing Plan;

11 Frank & Geraldine Pomajba / MEDD Development Page 11 OPA No. 11, D-28 DO/108/08/P, B-131/08 Comment: The need for development phasing was identified and addressed in the Traffic Impact Study. It is implemented through the zoning by-law and site plan agreement. h) Development Charges Study; and i) Municipal Financial Impact Study. Comment: Separate studies addressing these matters are not warranted. The matter of development charges is being addressed on the broader municipal scale, and financial impacts are either already known from previous completed capital works or are identified in the TIS. They will be accounted for in the site plan agreement The Municipality may require that the Secondary Plan and supporting technical studies be prepared at the cost of the development proponents in the particular area. Comment: The Municipality has a Memorandum of Understanding with the developer covering the costs of all technical studies, reports and other documents associated with the application approval process Secondary Plans shall include: a) A general statement of the intended character of the area along with the development objectives for the area; b) A land use for the area which establishes the boundaries of the area, the proposed land uses, as well as the transportation and servicing framework for the lands; c) A description of the proposed development concept and future land uses for the area; d) Policies addressing the provision of residential, employment, community facilities, open space, commercial services and/or other proposed land uses; e) Servicing policies including water supply, sanitary sewage and stormwater management; f) Transportation policies including roads, pedestrian and bicycle paths; g) Policies addressing the protection of the natural environment, including the preservation of significant natural areas and/or features; h) Policies addressing the proposed phasing, servicing and/or financing of development, and; i) Policies addressing other implementation measures. Comment: The Northwest St. Clair Secondary Plan, which is introduced as part of the Official Plan Amendment, and the Background Report addresses the relevant items of Section above.

12 Frank & Geraldine Pomajba / MEDD Development Page 12 OPA No. 11, D-28 DO/108/08/P, B-131/08 Related to the secondary plan policies are those dealing with the expansion of urban boundaries found in Section Amendments to Expand or Establish Primary or Secondary Urban Centres or Convert Employment Areas to Non-Employment Areas Proposals to expand or establish a Primary Urban Centre or a Secondary Urban Centre, or convert employment areas to nonemployment uses, will be evaluated and reviewed at the time of a comprehensive review of this Plan. As part of a comprehensive review, a Planning Justification Report will be required to support the Amendment and to address the following: a) There is a demonstrated need for the proposed land use base on municipal 20-year population and growth projections; Comment: As discussed preparation of the components of a comprehensive review necessary to permit the expansion of the urban boundary to accommodate the proposal is being undertaken separately by Administration. The planning justification report in conjunction with the Market Feasibility and Impact Report have demonstrated the need for the proposed cinema and home improvement centre. b) The existing designated areas do not have sufficient and/or appropriate land supply to accommodate the proposed land use and the growth cannot be accommodated through intensification or redevelopment except as noted in policy ; c) No speciality crop areas are included; d) There are no reasonable alternative locations for the proposed land use which avoid prime agricultural lands or lower priority agricultural lands within prime agricultural areas based on an analysis of options for growth direction and phasing based on the 20-year time horizon taking into account the impacts on agriculture, Minimum Distance Separation requirements, natural environment, protecting mineral aggregate resources, road and infrastructure servicing and other municipal services; e) Adverse impacts on nearby land uses can be mitigated and there is adequate separation from incompatible land uses such as land fill and aggregate extraction areas;

13 Frank & Geraldine Pomajba / MEDD Development Page 13 OPA No. 11, D-28 DO/108/08/P, B-131/08 Comment: The planning justification report has addressed all these matters. In summary: all potential sites in the Chatham Urban Area were reviewed and found to be inferior to the proposed site; these are not speciality crop lands nor are there opportunities on lands of lower priority; there is adequate separation from the nearest incompatible land use, being the existing low density residential area approximately 440 m (1,444 ft.) to the south. B.2.5 Power Centre Commercial Area Policies B A power centre will be defined as a large scale, retail centre containing new format retail big box uses with regional drawing power beyond Chatham-Kent and smaller retail uses. It will be situated on a prominent arterial road location in an Urban Centre with excellent visibility and exposure to passing traffic. It will comprise a collection of detached, free standing buildings and structures on a large site with controlled access/circulation and ample shared parking on-site. A power centre may include a combination of single use and multi-user buildings. Comment: The proposal fully satisfies this definition in all respects. As such it is best suited to be placed in the Power Centre Commercial node at the north end of St. Clair Street. B The Power Centre Commercial Areas will work in tandem with the Chatham Downtown / Main Street Area and the Shopping Centre Commercial Areas at the upper end of the Chatham-Kent commercial hierarchy to complement and support the concept of a strong and viable Downtown / Main Street and, to maintain the economic viability and facilitate the continued intensification and revitalization of the Downtown / Main Street Area and existing commercial centres, while at the same time making provision, where warranted, for new commercial opportunities in all designated Commercial Areas to better serve the retail needs of residents in the Chatham-Kent trade area. Comment: With the exception of the proposed cinema, the commercial uses associated with the application are of a size and type not suitable for the Downtown/Main Street Area and support that area indirectly by retaining consumers in the market area. With regard to the cinema, the Market Impact Study, as peer reviewed, notes considerable leakage in the movie patron market to other urban centres outside of Chatham-Kent. It concludes that the public interest is best served by the introduction of a competing cinema facility. B Permitted uses in the Power Centre Commercial Area include retail commercial uses such as department store type merchandise facilities, home and auto supply store, office supply and computer store, home improvement related merchandise store, speciality food store, supermarket, service commercial uses such as banks, restaurants, gas bar with or without accessory convenience retail, entertainment uses

14 Frank & Geraldine Pomajba / MEDD Development Page 14 OPA No. 11, D-28 DO/108/08/P, B-131/08 excluding a cinema, office use, and other services, as more specifically defined in the Zoning By-law. Comment: It should be noted that the Market Impact Study assessed the merits of an additional home improvement store of the type represented by the Lowe s chain. It determined that the size and type of use proposed could be developed without unacceptable impact on the existing power centre planned function, or the other higher order commercial areas. Thus it is important to strictly limit the big box use and size in the Official Plan and Zoning By-law amendments to the one assessed by the Market Impact Study. Other big box proposals will have to prepare a Market Impact Study justifying the development. B Except where specially permitted in the Zoning By-law, the minimum gross floor area for a single retail facility will be 5,000 sq. ft. Comment: This requirement is addressed in both the site-specific area policies and the amending zoning by-law. B The design of a power centre will reflect the prominent location of that development in an Urban Centre, including landscaping and integrated signage. Comment: Urban design aspects, including landscaping and signage are addressed in the site plan approval process. B B An application for the establishment of a new power centre will only be permitted after a detailed evaluation of the proposed development based on the submission and an independent peer review of the following supporting documents carried out at the expense of the applicant: Traffic Impact Report addressing: a) the traffic impacts of the proposed development on the roads and intersections in the vicinity of the site; b) the assessment of existing conditions in the vicinity of the site based on a comprehensive set of existing traffic counts; c) the development and assessment of future background traffic; d) the development of site generated traffic; e) the development and assessment of total traffic; f) identification of the infrastructure improvements required to accommodate the total traffic volumes; g) the adequacy of on-site circulation and the parking provided to accommodate the proposed uses, vehicle and pedestrian/bicycle movements and an assessment of the potential of the site design to affect the operation of adjacent streets.

15 Frank & Geraldine Pomajba / MEDD Development Page 15 OPA No. 11, D-28 DO/108/08/P, B-131/08 Comment: The items listed in B formed part of the Terms of Reference for the Traffic Impact Study as noted elsewhere in this report. The final peer reviewed draft of the study is expected prior to the Council meeting. The findings and recommendations to this point are such that the Official Plan and Zoning Bylaw amendments can proceed. B Servicing Impact Report a) sanitary sewage serving of the site; b) water servicing of the site; c) conceptual stormwater management plan for the site. Comment: In that trunk water and sanitary sewage servicing is available at the site, no special impact report is necessary. The stormwater management plan is straightforward and addressed as part of the site plan agreement. B Planning Impact Report addressing: a) type and size/scale of proposed land uses; b) floor space by retail commercial category; c) conformity of the proposed development to the Official Plan; d) compliance of the proposed development with the Zoning By-law; e) demonstration of why the proposed uses cannot be located in the Downtown / Main Street Area or other existing commercial centres; f) compatibility of the proposed development with the existing and planned land uses in the surrounding area; g) appropriateness / suitability of the proposed location and site for this development. Comment: A Planning Justification Report has been prepared as described elsewhere in this report, which, in conjunction with the Market Impact Study, has addressed in detail the matters listed above. The Executive Summary is attached as Appendix E. B Phase 1 Environment Audit prepared in accordance with the prevailing protocols and guidelines of the Ministry of the Environment. Comment: The Ministry of the Environment guidelines do not require a Phase 1 Environmental Audit be prepared for this development proposal. B Except where specifically permitted in the Zoning By-law, when an applicant is proposing retail commercial uses in excess of the warranted space identified in the Retail Commercial Systems Study, as updated, a Market Demand and Directional Impact Analysis demonstrating to the satisfaction of the Municipality that the proposed retail uses will not have

16 Frank & Geraldine Pomajba / MEDD Development Page 16 OPA No. 11, D-28 DO/108/08/P, B-131/08 an unacceptable adverse impact on the planned function of the existing commercial designations within the upper level of the Chatham-Kent retail commercial hierarchy will be required. The analysis will be subject to an independent peer review at the expense of the applicant. Comment: As discussed elsewhere, a Market Demand and Directional Impact Analysis, peer reviewed at the expense of the developer, demonstrating no unacceptable adverse effect on the planned function of other commercial areas, has been provided to the satisfaction of administration and this office. B B On-site parking and access/circulation facilities will be shared by the uses on a power centre site. Adequate parking for cars and trucks, and adequate loading area for trucks and garbage vehicles will be provided in paved, properly demarcated and illuminated parking areas. Comment: For the purpose of the zoning by-law and site plan, similar to the other power centre developments, the Chatham Power Centre is considered as one site, regardless of future land division activities. B Access to a power centre site will be controlled and designed to minimize the danger to vehicular and pedestrian traffic. Multiple driveways will be discouraged unless separate driveways for cars and trucks are warranted for safety reasons. Comment: These are items specifically addressed in the Traffic Impact Study and will be implemented through site plan control. In conclusion, it is my opinion that the supporting studies have successfully addressed all matters raised with regard to both the content of the secondary plan policies and the detailed standards regarding the type, location, intensity and size of commercial land uses found in the Power Centre Commercial policies. The proposed Official Plan amendment addresses the relevant parts of the Official Plan and implements the recommendations of the aforementioned studies. Consent In addition to the proposed amendment to the Official Plan and Zoning By-law, the owner has applied for a consent to sever the approximate 6.5 ha (16 ac.) parcel (see Appendix H ) on which the power centre development is proposed from the existing farm parcel in order to implement the project. No special conditions are necessary other than the standard consent conditions regarding zoning, archaeological assessment, drainage assessment apportionment and deed preparation.

17 Frank & Geraldine Pomajba / MEDD Development Page 17 OPA No. 11, D-28 DO/108/08/P, B-131/08 Zoning By-law The zoning amendment places the subject site into a site-specific UC(PC)-1189, Urban Commercial (Power Centre Commercial) classification. Generally, the zoning by-law applies performance standards through site-specific regulations similar, with minor adjustments, to those applied to the Canril site to the north. More particularly, the bylaw does the following: i) Limits the big box large format retail use to a home improvement centre, the use investigated by the Market Impact Study, and as required by the Official Plan amendment; ii) Limits the size of the proposed home improvement store to the size indicated on the site plan (see Appendix G ). It should be noted that this floor area 7897 sq. m (85,000 sq. ft.) is 836 sq. m (9,000 sq. ft.) less than the floor area used in the Market Impact Study; iii) Limits the size of the proposed cinema to the floor area depicted on the site plan and used in the Market Impact Study 1765 sq. m (19,000 sq. ft.); iv) Limits the ancillary uses and area to those shown on the site plan. It should be noted that these ancillary use and area correspond to assumptions made in the Market Impact Study that assumes a minimum size of sq. m (5,000 sq. ft.); v) Applies the same parking standard used in the other power centre developments, i.e. 1 space per 20.4 sq. m (220 sq. ft.) of gross floor area. vi) Provides that for the purpose of zoning, the UC(PC)-1189 zone classification is considered to be one lot; vii) Introduces the H Holding symbol, limiting an initial phase to the home improvement centre, the cinema and the bank. The H can be removed to permit the remaining commercial development after a peer reviewed traffic impact study acceptable to the Municipality has been completed describing what, if any, additional road improvements are required; viii) The remnant lands associated with the consent creating the lot for the power centre are placed in a site specific A1-1190, Agricultural Zone. This recognizes that once the Power Centre Commercial Zone is finally approved, the existing livestock operation will be in violation of the MDS (Minimum Distance Separation) formula setback requirements of the Zoning By-law.

18 Frank & Geraldine Pomajba / MEDD Development Page 18 OPA No. 11, D-28 DO/108/08/P, B-131/08 Site Plan The special provision allows the applicant one year from the time a building permit is issued for the home improvement centre to cease livestock operations. At the time of writing, a number of issues associated with the site plan and the site plan agreement remain to be resolved, so this application will be addressed in a separate report. At this point it is anticipated the site plan will deal with the following items: Conclusion i) The usual matters related to the provision and maintenance of parking, pedestrian movement, signage, access, lighting, easements and stormwater management; ii) The assessment and cost-sharing of servicing and road infrastructure; iii) Provision for vehicle access to the Canril site to the north and across the Martin Drain to the south; iv) Requirement for a landscaping plan prior to issuance of a building permit; v) Implementation of development phasing. In the course of considering the Canril development proposed to the north of the subject lands in 2003 and 2004, Council directed the undertaking of a considerable public/stakeholder input process regarding not only the specific application but also a higher level strategy regarding large format retail commercial uses in the Chatham Urban Area. This took approximately nine months and involved the preparation of the Retail Commercial Systems Study by Scott Morgan, completed in July 2003, a detailed look at the different retail markets in Chatham-Kent. The Morgan Study combined with the public stakeholder consultation resulted in the preparation and ultimate approval of comprehensive official plan policies establishing the power centre commercial policies referenced throughout this report. The submissions of MEDD and the process engaged follow the road map set out in the power centre commercial policies regarding justification for the project and expansion of the urban boundary in this area. In particular the Winter Market Impact Study and detailed peer review by Mr. Morgan were able to specifically address the particular requirements of the power centre policies as they apply to establishing the need for the home improvement retail use and cinema, and the assessment of impact on the planned function of other high level commercial areas in Chatham. Therefore, based on the foregoing, it is my conclusion that the applications for the official plan, consent and

19 Frank & Geraldine Pomajba / MEDD Development Page 19 OPA No. 11, D-28 DO/108/08/P, B-131/08 zoning amendments should be approved. FINANCIAL IMPLICATIONS: More exact financial implications will be provided with the site plan report. As a general overview, the following observations can be made: i) There will be considerable tax revenue generated for a project taking advantage of the servicing and road infrastructure which exists at the site; ii) There will be considerable revenue generated by the development charges which apply; iii) Significant employment opportunities will be created through the building construction and the staffing of the various enterprises; iv) With regard to capital expenditures, there are three categories of infrastructure associated with this project; The assessment/cost-sharing of improvements previously undertaken; The assessment/cost-sharing of improvements directly attributed to this project; The assessment/cost-sharing of improvements indirectly attributed to this project. These expenditures will be address in the site plan approval process, and brought before Council at a later date.

20 Frank & Geraldine Pomajba / MEDD Development Page 20 OPA No. 11, D-28 DO/108/08/P, B-131/08 Prepared by: Reviewed by: Thomas A. Storey, M.Sc., MCIP RPP Storey Samways Planning Ltd. Reviewed by: Ralph Pugliese, MCIP, RPP, DPA Director, Planning Services Reviewed by: Don Shropshire General Manager Community Development and Planning Services Rob Browning Chief Administrative Officer S:\C-K Documents\ACTIVE FILES\08 ACTIVE FILES\28299\28299 Pomajba Report.doc List of Attachments Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H - Existing Land Use Map - MMAH Letter - John Winter Associates Ltd. (Executive Summary) - W. Scott Morgan & Associates Ltd. (Summary of Findings) - Stantec Consulting Ltd. (Executive Summary) - Public Open house Summary - Conceptual Site Plan - Survey Sketch

21 Frank & Geraldine Pomajba / MEDD Development Page 21 OPA No. 11, D-28 DO/108/08/P, B-131/08 Looking west along the northerly edge of the proposed Chatham Power Centre lot Looking west across the lands to be severed and developed

22 Frank & Geraldine Pomajba / MEDD Development Page 22 OPA No. 11, D-28 DO/108/08/P, B-131/08 Looking west along the southerly limit of the proposed Chatham Power Centre (sanitary sewer pump station in foreground) Looking north toward the existing signalized intersection and proposed location of the main entrance to the Chatham Power Centre

23 Frank & Geraldine Pomajba / MEDD Development Page 23 OPA No. 11, D-28 DO/108/08/P, B-131/08 Looking north at the existing development on the Canril site Looking northwest at the remaining development on the Canril and Home Depot sites

24 Frank & Geraldine Pomajba / MEDD Development Page 24 OPA No. 11, D-28 DO/108/08/P, B-131/08

25 Frank & Geraldine Pomajba / MEDD Development Page 25 OPA No. 11, D-28 DO/108/08/P, B-131/08 Appendix B MMAH Letter

26 Frank & Geraldine Pomajba / MEDD Development Page 26 OPA No. 11, D-28 DO/108/08/P, B-131/08

27 Frank & Geraldine Pomajba / MEDD Development Page 27 OPA No. 11, D-28 DO/108/08/P, B-131/08 Appendix C Winter Associates Executive Summary

28 Frank & Geraldine Pomajba / MEDD Development Page 28 OPA No. 11, D-28 DO/108/08/P, B-131/08 Appendix D Scott Morgan Peer Review Summary of Findings

29 Frank & Geraldine Pomajba / MEDD Development Page 29 OPA No. 11, D-28 DO/108/08/P, B-131/08 Appendix E Stantec Consulting Executive Summary

30 Frank & Geraldine Pomajba / MEDD Development Page 30 OPA No. 11, D-28 DO/108/08/P, B-131/08 Appendix F

31 Frank & Geraldine Pomajba / MEDD Development Page 31 OPA No. 11, D-28 DO/108/08/P, B-131/08 Appendix G Conceptual Site Plan

32 Frank & Geraldine Pomajba / MEDD Development Page 32 OPA No. 11, D-28 DO/108/08/P, B-131/08 Appendix H - Survey Sketch

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48 AMENDMENT No. 11 TO THE OFFICIAL PLAN FOR THE MUNICIPALITY OF CHATHAM-KENT

49 CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT BY-LAW NO. A BY-LAW TO ADOPT AMENDMENT NO. 11 TO THE OFFICIAL PLAN FOR THE MUNICIPALITY OF CHATHAM-KENT Frank & Geraldine Pomajba/MEDD Development Hansen#: 5289 The Council of the Corporation of the Municipality of Chatham-Kent, in accordance with the provisions of Sections 17 and 21 of the Planning Act, hereby enacts as follows: 1. Amendment No. 11 to the Official Plan for Chatham-Kent consisting of the attached Schedule 1 and Schedule 2 and explanatory text, is hereby approved. 2. This by-law shall come into force and take effect on the day of the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY OF APRIL, MAYOR Randy R. Hope CLERK Elinor Mifflin

50 AMENDMENT No. 11 TO THE OFFICIAL PLAN FOR THE MUNICIPALITY OF CHATHAM-KENT INDEX PAGE The Statement of Components... 1 Part A - Preamble... 1 Purpose... 1 Location... 1 Basis... 2 Part B - The Amendment... 3 Introductory Statement... 3 Details of the Amendment... 3 Schedule follows 8 Schedule follows 8 Part C - Appendices... 8 Appendix I March 29, 2010, Planning Report... 8

51 -1- AMENDMENT No. 11 TO THE OFFICIAL PLAN FOR THE COMMUNITY OF CHATHAM-KENT STATEMENT OF COMPONENTS PART A - PREAMBLE does not constitute part of this amendment. PART B - THE AMENDMENT consisting of the following text and two (2) maps entitled Schedule 1 and Schedule 2 constitutes Amendment No. 11 to the Official Plan for the Municipality of Chatham-Kent. PART C - APPENDICES does not constitute part of this amendment. These appendices contain the background information and planning considerations associated with this amendment. PART A - PREAMBLE 1. Purpose The purpose of this amendment is threefold: i) introduce a new secondary plan area; ii) expand the Chatham Urban Area Boundary; and iii) introduce a site specific policy area. 2. Location Item 1: This amendment consists of three parts, which shall be known as Items 1, 2, and 3. The urban area boundary for the Chatham Urban Centre is extended southward on the west side of St. Clair Street from the Canril site to the centerline of the Martin Drain to a depth of m (924 ft.) and encompassing an area of 6.45 ha (16.03 ac.), the subject lands to be designated Power Centre Commercial Area. Item 2: The Northwest St. Clair Secondary Plan is added to Section B.2.13 Secondary Plan Areas. Item 3: Site specific policies are added to Section B 2.5, Power Centre Commercial Area.

52 -2-3. Basis The development proposal will meet a consumer demand for additional home improvement retail commercial development and cinema facility as identified in a peer reviewed market impact study, without undue impact on the planned functions of other higher level commercial areas in Chatham. Background supporting studies have justified the proposed location in that development, such as the large format retail use or Big Box project proposed, is best sited near similar development as is found in the existing power centre. The supporting studies have also satisfied the Provincial Policy Statement requirement for a comprehensive review.

53 -3- PART B - THE AMENDMENT All of this part of the document, entitled Part B - The Amendment, consisting of the following text and two (2) maps (entitled Schedule 1 and Schedule 2 ) together constitute Amendment No. 11 to the Chatham-Kent Official Plan. Details of the Amendment Item 1: Item 2: Map Schedule E2 (Land Use Schedule, Community of Chatham) to the Official Plan for the Municipality of Chatham-Kent is amended by designating as the Northwest St. Clair Secondary Plan B.2.13 the lands so depicted on Map Schedule 1, and placing certain of those lands into Site Specific Policy Area B as depicted on Map Schedule 2. The following Secondary Plan Policies area added to Section B.2.13 Secondary Plan Areas after subsection B (e) to be worded as follows: B (f) Northwest St. Clair Secondary Plan 1.0 Statement of Policy The policies set forth in this Section are designed to guide future development while observing provincial policy. The policies of the Municipality of Chatham-Kent s Official Plan are applicable provided that they are not in conflict with the more specific objectives outlined herein. In the event of conflict, the objectives and policies set forth in this document take precedence. 1.1 Subject Lands The lands subject of this secondary plan area are situated on the west side of St. Clair Street between lands designated Power Centre Commercial, known as the Canril Site, on the north and the boundary of the Chatham Urban Area on the south. 1.2 Development Proposal The Municipality has received a development application for: a) a Home Improvement Related Merchandise Centre and Garden Store; b) Cinema with 6 screens, and; c) Ancillary commercial uses,

54 -4- on a 6.5 ha (16.02 ac.) parcel lying on the west side of St. Clair Street, just south of Pioneer Line, and bounded by the Canril Power Centre Commercial site to the north and the Martin Drain to the south. It is a requirement of Section B.2.5 Power Centre Commercial as found in the provisions of B , that any proposal to expand the Power Centre Commercial designation into the subject lands as described in Section 1.1 above be subject to a secondary plan. For the purpose of this secondary plan, the proposed development is known as the Chatham Power Centre. 1.3 Expansion of Urban Boundary The urban boundary of the Chatham Urban Area is relocated southward from the Canril Power Centre to the centerline of the Martin Drain so as to include the Chatham Power Centre development described in 1.2 above. 1.4 Power Centre Commercial Policies Site Specific Policy Area B with policies applicable to the Chatham Power Centre are added to Section B.2.5 Power Centre Commercial. 1.5 Infrastructure Improvements a) No improvements are required for the water supply and sanitary sewer systems. b) Stormwater management will be contained on the Chatham Power Centre site with an outlet to the Martin Drain. No improvements to the Martin Drain are required. c) Road improvements will be in accordance with the Traffic Impact Study (TIS) prepared by Stantec Consulting Ltd. Dated March These improvements will include the following: i) Provision of a 150 m (500 ft.) storage length north bound left turn lane on St. Clair Street at the proposed main entrance to the Chatham Power Centre; ii) Addition of a westbound right turn lane at the Regency Drive/St. Clair Street intersection;

55 Development Phasing iii) Provision of additional access to the Chatham Power Centre site prior to full build out either through the Canril site to the north or south of the Martin Drain, subject to the phasing policies in 1.6 below; iv) At the St. Clair Street/Gregory Drive intersection, provision of a separate right turn lane on the westbound approach and lengthening of existing left turn storage lanes on the other approaches. a) An initial phase of the Chatham Power Centre development comprising the Home Improvement store, proposed cinema and one ancillary commercial building not to exceed 1,830 sq. m (6,000 sq. ft.) may proceed without the road improvements described in 1.5 (c) (ii) to iv) above. b) Subsequent phases of the Chatham Power Centre may only proceed after the Traffic Impact Study has been updated and any necessary amendments to the zoning by-law and site plan agreement have been finally approved. 1.7 Capital Expenditures Compensation of capital expenditures required as part of this development proposal or expenditures as part of previous infrastructure upgrades will be negotiated as part of the site plan agreement. 1.8 Transportation Network There are two transportation network goals arising from the Traffic Impact Study. a) The provision of an east-west collector road through the southern end of the Secondary Plan Area to align with the future Road A and associated traffic signal on the east side of St. Clair Street as identified in the St. Clair North Secondary Plan. b) The provision of an internal north-south corridor within the Chatham Power Centre site connecting to the existing aisle and driveway system of the Canril site to the north and future development to the south of the Martin Drain.

56 Future Development a) Lands south of the Martin Drain and within the Northwest St. Clair Secondary Plan will retain the existing Agricultural designation without further amendment. b) Future development proposals within the lands south of the Martin Drain will require an amendment to this Secondary Plan. In the interim, these lands will retain the Agricultural Designation. c) Future development proposals which will necessitate an expansion of the urban boundary must satisfy Section of this plan Implementation Generally this secondary plan will be implemented through the authority granted the Municipality under the Planning Act and other legislation, and more particularly as follows: a) Site specific area policies regarding the Chatham Power Centre are added to Section B.2.5 Power Centre Commercial of this plan; b) Phasing of development will use the H Holding Symbol and the site plan control agreement. c) The Chatham-Kent Transportation Master Plan will be updated to show the future east-west collector referenced in 1.8(a). Item 3: A Site-Specific Policy Area section is added to Section B.2.5 Power Centre Commercial Area policies as follows: B Chatham Power Centre For lands identified on Schedule E Series Land Use as Site-Specific Policy Area B and located on the west side of St. Clair Street, immediately south of the Canril Site Power Centre and north of the Martin Drain, the following policies apply in addition to the other policies of this plan:

57 -7- a) Northwest St. Clair Secondary Plan i) The Chatham Power Centre is subject to the policies of the Northwest St. Clair Secondary Plan found in Section B (f). b) Permitted Uses i) 12,300 sq. m (132,700 sq. ft.) Home Improvement centre and hardware, material and garden store consisting of the following: 7,900 sq. m (85,000 sq. ft.) home improvement centre; a 2,250 sq. m (24,200 sq. ft.) covered lumber yard, and 2,185 sq. m (23,500 sq. ft.) garden centre; ii) 1,766 sq. m (19,000 sq. ft.) 1,300 seat cinema; iii) 593 sq. m (6,375 sq. ft.) retail store; iv) 593 sq. m (6,375 sq. ft.) restaurant; v) 511 sq. m (5,500 sq. ft.) bank. vi) For greater clarity, a general merchandise and home and auto supply store, including tires, batteries and auto accessories, are not permitted uses. c) Market Demand and Directional Impact Study A Market Demand and Directional Impact Study in accordance with Section B will be required to support any expansion beyond the space limits noted in (b)(i) and (ii) above.

58 -8- PART C - APPENDICES The following appendices do not constitute part of Amendment No. 11 to the Chatham Kent Official Plan, but are included for information supporting the amendment. APPENDIX 1 March 29, 2010, Planning Report

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61 Sorensen Gravely Lowes P l a n n i n g A s s o c i a t e s I n c. 509 D av e npo r t R oa d Toronto, Ontario M4V 1B8 Telephone (416) Facsimile (416) Principals: Warren Sorensen, P.Eng, MCIP, RPP Catherine Gravely, MES, MCIP, RPP Paul Lowes, MES, MCIP, RPP Senior Associate: Carol-Anne Munroe, MCIP, RPP March 30, 2010 Project: BP.CK Tom Storey Principal Planner Storey Samways Planning Ltd. 330 Richmond Street, Suite 204 Chatham, ON N7M 1P7 Dear Mr. Storey: Re: MEDD Development and Northwest St. Clair Secondary Plan, Chatham As you are aware, we represent Brad-Lea Meadows Ltd and have reviewed the information available on the Northwest St. Clair Secondary Planning Area and the MEDD Development application. We remain concerned about the significant concentration of retail and service commercial space that is gravitating to North Chatham. We believe that there are better locations within the Chatham Urban Area to which a home improvement centre and cinema could be located so as to create a more dispersed distribution of retail and service commercial space. Further, we do not agree that there is a need to expand the Chatham Urban Boundary to accommodate the proposed uses. The Municipality undertook an extensive commercial policy review a few years ago and one of the conclusions was the concern for the Central Business District and other established commercial nodes and the amount of existing commercial designated and zoned lands throughout the Chatham Urban Area. The City needs to be very cognizant of the implications of expanding a significant commercial node on the shopping patterns of residents and the resulting effect on other commercial nodes. Notwithstanding that concern, if the City were to approve the MEDD application, the implementing Official Plan Amendment and Zoning By-law should be very precise as to the range of permitted uses and the restrictions on them. We note that the Canril Official Plan Amendment that applies to the north of the subject lands is very specific in that regard. It limits the range of uses to a home improvement related merchandise centre, speciality department store type merchandise, non department store type merchandise, restaurants and a service station each with a specific maximum floor area. A similar framework should be applied to the MEDD proposal that closely mimics the specifics of their application.

62 GS L Sorensen Gravely Lowes Planning Associates Inc. page 2 In addition, the City should consider specifically prohibiting other large-scale retailers that have not been considered in the market study or the peer review that was conducted by the City. This includes prohibiting a home and auto supply store, a department store and a supermarket or grocery store. We would appreciate being notified of any upcoming public and Council meetings on this matter. Please do not hesitate to call if you have any questions on the above comments. Yours very truly, SORENSEN GRAVELY LOWES PLANNING ASSOCIATES INC. Paul Lowes, M.E.S., MCIP, RPP Principal

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