East Bayfront - Home Depot OMB Hearing -
Retention of Outside Market Expert (Don River)
The Toronto Community Council recommends the adoption of the following report (June3,1999) from the City
Solicitor:
Purpose:
To provide for the retention of The Climans Group Inc. to furnish expert market assistance in connection with the East
Bayfront-Home Depot Ontario Municipal Board hearing.
Funding Sources, Financial Implications and Impact Statement:
Funding in the amount of $50,000.00 is available in the Legal Services Operating Budget for the payment of professional
market consultant services to be provided in connection with the East Bayfront - Home Depot hearing.
Recommendation:
That a maximum of $50,000.00 be allocated from the Legal Services Operating Budget to retain an expert market analyst
in connection with the East Bayfront-Home Depot Ontario Municipal Board hearing to commence September 7, 1999.
Council Reference/Background/History:
As noted in a recent report from the Commissioner of Urban Planning and Development Services (January 19, 1999), the
Ontario Municipal Board at a Pre-Hearing Conference held on December 21-23, 1998, set a date of September 7, 1999 to
commence a full hearing on the combined East Bayfront - Home Depot appeals. Approximately 8 weeks have been set
aside for the hearing.
The aforesaid Commissioner has retained Jeffrey Climans, a real estate expert with expertise in large-scale marketing
format stores, to produce a study for the ongoing Port Industrial Area Part II study assessing the potential market impact of
big box retail development in the Part II area. Specifically, Mr. Climans has been retained to comment on the market
analysis and studies that have been completed to date, analyse the shopping patterns of people living in a 3-4 km radius of
the Port as well as to evaluate the type and strength of commercial functions currently served by planned commercial areas
around the Port. He is also specifically reviewing the Stockyards Area where big box retail is currently permitted in the
South District.
Through the course of two further pre-hearings, it has become apparent that a more focussed analysis of the potential
market impact of the proposed Home Depot store in the East Bayfront will be required. This concern is heightened by the
recognized potential for the Home Depot proposal to attract other large-scale retail operators within the East Bayfront area.
Mr. Climans' work will build upon the ongoing analysis of market opportunities and impacts associated with large format
retail development and will focus on the following:
-the propensity of large format retailers to serve as a catalyst for attracting other box stores. (the location and sequence of
Home Depot and surrounding retail development in a range of markets will be studied).
-qualitative and quantitive assessment of the cumulative economic impacts on shopping districts and retail shops in the
South District that will be affected by such development.
-the development of alternative "containment" policies to mitigate adverse economic impacts on designated retail areas.
Mr. Climans is an experienced expert witness capable of giving testimony in relation to market issues presented by Home
Depot as outlined above at the upcoming Ontario Municipal Board hearing. Both the Commissioner of Urban Planning and
Development Services and I recommend his retention by the City to further analyse the market issues with a view to
presenting these findings as appropriate at the September hearing.
In the event that a full hearing of the larger market case proceeds, it is estimated that an amount of $50,000 will be required
to fully prepare and present the case.
Contact Name:
Robert Balfour, Solicitor
Telephone:(416) 392-7225
Fax: (416) 397-4420
E-mail:rbalfour@toronto.ca
The Toronto Community Council also submits the report (June 4, 1999) from the City Solicitor:
Purpose:
In considering the current operating budget of the Legal Division, Council directed the City Solicitor to advise of
expenditures to date respecting outside planning consultants and further, that the report be available each time Council
considers retaining outside planning consultants. As the report of the City Solicitor dated June 3, 1999, currently under
consideration requests the retention of outside planning consultants, this companion report provides information on the
expenditure status as directed.
Funding Sources, Financial Implications and Impact Statement:
None
Recommendations:
For information.
Council Reference/Background/History:
In considering the current operating budget of the Legal Division, Council directed that each time the retention of outside
planning consultants is considered, a status report be provided on the expenditures to date.
Appendix "A" provides a summary of the costs of outside planning evidence for Ontario Municipal Board Hearings
approved by Council since August 1, 1998 and the amount actually spent by year and by hearing.
The information in Appendix "A" is updated as information becomes available and is the most current information
available at the time this report is written.
Contact Name:
Anna Kinastowski
Director, Planning and Administrative Tribunal Law
Tel: 416-392-0080
Fax: 416-397-4420
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(Appendix A, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with
the agenda for its meeting on June 22, 1999, and a copy thereof is on file in the office of the City Clerk).
