HomeMy WebLinkAboutPD-35-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: PD-35.97
REPORT
101A. opo • "I-7
Meeting: General Purpose and Administration Committee File # -9% -' "C)01
Date: Monday, March 17, 1997 Res. n 6�- �7
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -35 -97 be received;
2. THAT Report PD -35 -97 be approved as the comments of the Municipality of
Clarington on the proposed Official Plan Amendment applications submitted by
Kose Properties Incorporated (OPA 97- 001 /D) and Invar Industrial Limited (OPA
97- 002 /D) ;
3. THAT the Town of Whitby and the Region of Durham be requested to advise the
Municipality of Clarington of the respective Councils' decisions; and,
4. THAT a copy of Council's decision and this report be forwarded to the Town of
Whitby and the Region of Durham Planning Departments.
1.1 Invar Industrial Limited
1.1.1 Proposal
Invar Industrial Limited is proposing to amend the Durham Regional Official Plan
to permit small retail warehouse uses and ancillary uses at the Thickson Ridge
Power Centre in Whitby. Small retail warehouses would have a minimum gross
leasable area of 465 square metres (5,000 square feet) provided such uses do not
exceed in the aggregate 3,995 square metres (43,000 square feet).
REPORT
1.1.2 Location
Invar Industrial Limited owns approximately 8.6 hectares (21.3 acres) of land
located within the northeast quadrant of Thickson Road and Victoria Street East.
This property is described as Part of Lots 19 and 20, Broken Front Concession
in the Town of Whitby (see Attachment #1). To the east of the Thickson Ridge
Power Centre is a Home Depot retail outlet which has been constructed on lands
under separate ownership. Invar Industrial Limited also owns lands within the
southeast quadrant of Thickson Road and Victoria Street East.
1.2 Kose Properties Inc.
1.2.1 Proposal
Kose Properties Incorporated is proposing to amend the Durham Regional Official
Plan to provide a site specific exception to permit retail warehouses totalling
11,150 square metres (120,000 square feet of floorspace) with allowance for
smaller to intermediate sized retail warehouse units together with ancillary uses.
Parallel applications have been made to amend the Whitby Official Plan and
Zoning by -law.
1.2.2 Location and Area
The Kose property is located on the south side of Victoria Street, east of Thickson
Road and is described as Lot 19, Broken Front Concession in the Town of Whitby
(see Attachment #1). The entire Kose property is 3.9 hectares (9.7 acres) and is
located directly south of the Home Depot.
3. BACKGROUND
3.1 Invar Industrial Limited
3.1.1 Previous applications were submitted to the Region of Durham which led to the
approval of a proposal for large format retail stores on the north side of Victoria
Street by way of an exception to the policies of the Durham Regional Official Plan.
In addition, the new Whitby Official Plan designated the Thickson Ridge Power
Centre and additional lands on the north side of Highway 401 as a Special Activity
M
REPORT PD-35-97 PAGE K
Node. Pursuant to approvals granted to permit a power centre on the subject
lands, the Thickson Ridge Power Centre has been constructed with permission
for a total gross leasable area of approximately 37,160 square metres (400,000
square feet). It is also a requirement that the size of each retail warehouse have
a minimum gross leasable area of 2,000 square metres (21,530 square feet). The
area and the related policies have been deferred.
3.1.2 In December of 1995, Invar Industrial Limited submitted an application (OPA 95-
014) for smaller retail warehouses on a separate site on the south side of Victoria
Street. They specifically requested a minimum store size of 465 square metres
(5,000 square feet) for up to 50% of the gross leasable area with the balance of
the gross leasable area having a minimum store size of 929 square metres
(10,000 square feet). They also sought permission for a gross leasable area of
11,150 square metres (120,000 square feet). Invar has appealed the 1995
application to amend the Region's Official Plan and the Town of Whitby's Official
Plan and Zoning By -law, to the Ontario Municipal Board.
3.1.3 While much of the existing development on the north site has been successfully
tenanted, approximately 4,000 square metres (43,000 square feet) of the permitted
density under the current zoning remains to be built and /or occupied.
Specifically, approximately 1,860 square metres (20,000 square feet) has been
built and remains unoccupied. The remaining 2,137 square metres (23,000
square feet) of gross leasable area is unbuilt.
3.1.4 Invar maintains that the unoccupied and unbuilt floorspace of this development
is due primarily to the policies of the Official Plan which sets the minimum size for
a retail warehouse use at 2,000 square metres (21,530 square metres).
Consequently, on January 24, 1997, Invar submitted a new application (OPA 97-
002/D) which proposes to reduce the size of the retail warehouse uses to mid -size
REPORT PD-35-97 PAGE 4
floorplate retail warehouse uses, having a minimum gross leasable area of 466
square metres (5,000 square feet). Invar claims that the limitation of the size of
the retail warehouses units is no longer responsive to demonstrated needs and
can be reduced without undue impact to other planned commercial locations.
3.2 Kose Properties Incorporated
3.2.1 Kose Properties Inc., is also seeking approval for smaller to intermediate retail
warehouse uses. Kose originally submitted an application on June 7, 1996. Staff
reported on this application (PD- 141 -96) in October of 1996. This report
described how in 1989, Kose Properties Inc., purchased a property from Invar
with the hopes of marketing the property for traditional manufacturing or
warehousing uses on a leasehold basis.
3.2.2 The Report noted that Kose had obtained a commitment from Value Village Stores
Inc. to establish a free - standing 20,000 square foot retail warehouse consuming
about 0.9 hectares (2.2 acres) at the west end of the Kose site. Value Village is
a U.S. based for - profit thrift store chain selling primarily used apparel
merchandise in a format and environment similar to a department store. In
addition, the application proposed that up to 40% of the other floorspace on site
could be used for retail purposes.
3.2.3 Staff and subsequently Council indicated its opposition to locating smaller retail
warehouses in Employment Areas and specifically, its opposition to the
application submitted by Kose Properties. The Region dealt with the original Kose
application in the context of Amendment #28, which was a general amendment
to permit area municipalities to designate sites for only large format (greater than
2,000 square metres) retail warehouses in Employment Areas.
REPORT • PD-35-97
3.2.4 On January 20, 1997, Kose filed a new application for the same lands. While they
still wish to establish a Value Village Store on 0.9 hectares (2.2 acres), Kose also
wishes to use the remaining 3 hectares (7.5 acres) of the subject property for
smaller to intermediate retail warehouse uses. Specific end users for this area of
the site have not been secured at this time.
3.2.5 Kose Properties maintains that the size and configuration of their site, in addition
to its isolation from existing industrial lands to the south and the east, make it less
than ideal for industrial purposes. Due to its immediate proximity of the Thickson
Ridge Power Centre (located on the north side of Victoria Street East), the site's
proximity and ease of access to Highway 401, it is the applicant's view that these
lands are suitable for supporting retail commercial uses of a type and nature
which will not adversely impact other planned retail commercial locations.
4. PROPOSED AMENDMENTS TO THE DURHAM REGION OFFICIAL PLAN
4.1 Invar Industrial Limited
4.1.1 The Invar lands are currently designated "Employment Areas" by the Durham
Regional Official Plan. Section 20.11.5 provides for a special exception for the
Invar lands on the north side of Victoria Street for large format retail warehouses
with a minimum of 2,000 square metres.
4.1.2 Invar is seeking an amendment to Section 20.11.5 to permit the limited
development of retail warehouse uses with a minimum gross leasable area of 465
square metres (5,000 square feet) provided such uses shall not exceed, in the
aggregate, 3,995 square metres (43,000 square feet) (see Attachment #2).
4.2 Kose Properties Inc.
4.2.1 Kose Properties Inc., is seeking a site specific exemption to the Durham Region
Official Plan to permit retail warehouses on all or a portion of the 3.9 hectares (9.7
627
REPORT NO. PD-35-97 PAGE 6
acres) Kose lands for retail warehouse uses and ancillary uses provided that
these uses meet certain criteria as outlined in the proposed amendment (see
Attachment #3). The proposed amendment would allow future retail warehouses
with up to 50% of the gross leasable area to be comprised of retail units having
a minimum gross leasable area of 465 square metres (5,000 square feet). The
balance of gross leasable area is to be comprised of retail units having a
minimum size of 929 square metres (10,000 square feet).
4.2.2 Kose has indicated that if their application is not adopted they will appeal to the
Ontario Municipal Board for a hearing in conjunction with the Invar matters and
the Whitby Official Plan referrals now before the Board.
5. STAFF COMMENTS
5.1 Size of Retail Warehouses
5.1.1 Durham Region adopted Official Plan Amendment No. 28 to enable the area
municipalities to designate areas for large format retail warehouses within the
Employment Areas, subject to meeting certain criteria. The rationale was that
large format retail warehouses would function differently from Central Areas and
would be approximately located in Employment Areas with exposure to freeway
traffic. Accordingly, to ensure that the Region's commercial structure was not
undermined, the Region included requirements for a minimum size requirement
of 2,000 square metres.
5.1.2 Kose Properties Incorporated and Invar Industrial Limited propose to permit the
limited development of small to intermediate size retail warehouse uses.
However, Staff and Council have previously taken the position that this type of
"smaller" scale retail warehousing is not appropriate and would negatively impact
the role and function of Central Areas.
REPORT .D PAGE N
5.1.3 Regional Planning Staff retained The Climans Group Inc., to evaluate market
impacts relating to retail warehouse uses smaller than 2,000 square metres on the
Region's commercial structure. The consultant's findings indicate that retail uses
in the 464 square metres (5,000 sq. ft.) to 2,000 square metres (21,528 sq. ft.)
floorspace category are an integral component of existing commercial uses.
These retail uses often are anchors to retail plazas and traditional downtowns
and, for the most part, tend to serve a community market. If these retail uses are
permitted to locate with large retail warehouses in the Employment Areas, they
could replicate existing commercial areas, with a resulting deterioration of the
commercial structure, particularly Central Areas. It was concluded that the
introduction of retail uses less than 2,000 square metres in the Employment Areas
could undermine the commercial structure as envisioned in the Regional Official
Plan. As a result, a reduction in the minimum floorspace size is not
recommended.
5.2 Total Amount of Retail Warehouse Space
5.2.1 Staff are also concerned that the construction of the Thickson Ridge Power
Centre, and the potential addition of other proposals by Invar, Reladonara
Holdings and Kose Properties Inc., would if approved, result in a substantial
cumulative increase in commercial floorspace and regional drawing power. The
total floorspace would increase from approximately 400,000 square feet to
approximately 1 million square feet. This creates a new regional centre of a scale
which, in Staff's view, undermines the integrity of the commercial structure of the
Region as defined in the Regional Official Plan.
5.3 Impact of Retail Warehouses
5.3.1 The retail market study submitted by Kose Properties Inc., in support of this
application is the same study as previously submitted for their earlier application.
:Me
REPORT PD-35-97 PAGE 8
The study concluded that the Value Village Store will not create any detrimental
or critical impacts on Whitby or Durham area stores. In addition, the study
maintains that the development will not result in the closure of apparel stores.
Staff are of the opinion that the retail market study submitted by Kose Properties
Inc., to address potential impacts of the Value Village Store is not sufficient in that
it does not address the impact of small retail warehouses nor the specific impacts
in Clarington.
5.3.3 Similarly, the consultant for Invar Industrial maintains that the currently approved
quantities of commercial space permitted in the Thickson Ridge Power Centre
could be constructed without significant adverse impact on Central Areas in
Whitby and neighbouring municipalities. However, the studies undertaken by the
applicants' consultants did not adequately address possible impacts on the
designated Central Areas in other areas besides Whitby and did not address the
cumulative impact of all the proposals.
5.3.4 The consultant for Kose noted that the license plate survey conducted for the
existing Home Depot found that only 19.4% of the total customers were from
Whitby whereas 12% were from Clarington. This would indicate that Clarington
residents are making significant contributions to the customer base of the Power
Centre. Clarington is vulnerable to the outflow of expenditure dollars to the
proposals for additional retail warehouses that expand the regional draw of the
Thickson Ridge Power Centre. The approval of these applications is not
appropriate until independent studies demonstrate the impact of the aggregate
floorspace and the introduction of smaller and intermediate retail warehouses on
the designated Central Areas including the Courtice Sub - Central Area, the
Courtice Main Central Area and the Bowmanville Central Area.
REPORT
6.1 The Region's policy of allowing only large- format retail warehouses in
Employment Areas is an appropriate planning framework for the evolving
commercial structure of the Region. It is recommended that the Municipality of
Clarington continue its opposition to the introduction of small to intermediate retail
warehouses in Employment Areas as proposed by Invar Industrial Limited and
Kose Properties Incorporated.
Respectfully submitted,
r-
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
TH *DC *FW *jip
Attachment #1 - Key Map
Attachment #2 - Amendment
Attachment #3 - Amendment
Reviewed by,
"._St kwell
Chief Administrative
Officer
rem
ATTACHMFNT !f1
63
ATTACHMENT #2
PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN
NORTHEAST QUADRANT OF VICTORIA STREET EAST AND
THICKSON ROAD
Purpose: The purpose of this amendment to the Durham Regional Official
Plan is to permit the limited development of retail warehouse uses
of a smaller scale in the northeast quadrant of Victoria Street East
and Thickson Road.
Basis: The introduction of retail warehouse uses has been accomplished
at this location, in close proximity to the freeway interchange, and
has occurred without undue impact to the planned function of
existing and designated commercial areas. The limitation of the
size of the retail warehouse units is no longer responsive to
demonstrated needs and can be reduced without undue impact to
other planned commercial locations.
The amendment allows the area municipality, after due
consideration and subject to the various criteria of the Plan, to
designate and zone lands for such use and activity.
Actual Amendment: The Durham Regional Official Plan is hereby amended by:
That Section 20.11.5 be amended by .the addition of the
following:
"iv) notwithstanding subclause i) above, retail
warehouse uses with a minimum gross leasable
area of 465 sq.m. may be permitted provided such
uses shall not exceed, in the aggregate, 3,995
sq.m. Such retail warehouse uses may be limited
in number in an implementing zoning by -law."
Implementation: The provisions set forth in the Durham Regional Official Plan, as
amended, regarding the implementation of the Plan shall apply in
regard to this amendment.
Interpretation: The provisions set forth in the Durham Regional Official Plan, as
amended, regarding the interpretation of this Plan shall apply in
regard to this amendment.
`�D z -o01ti
633
ATTACHMENT #3
11
KOSE
PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN
LANDS ON THE SOUTH SIDE OF VICTORIA STREET EAST,
EAST OF THICKSON ROAD
Purpose: The purpose of this amendment to the Durham Regional Official
Plan is to permit the limited development of retail warehouse uses
of a smaller scale in the southeast quadrant of Victoria Street East
and Thickson Road.
Basis: The introduction of retail warehouse uses has been accomplished
in this general area, in close proximity to the freeway interchange,
and has occurred without undue impact to the planned function of
existing and designated commercial areas. The enlargement of
the area providing for retail warehouse uses is consistent with the
long -term expectations for this area. There is a demonstrated
need and opportunity for such type of uses to be introduced
without undue impact to other planned commercial locations.
The amendment allows the area municipality, after due
consideration and subject to various criteria of the plan, to
designate and zone lands for such use and activity.
Actual Amendment: The Durham Regional Official Plan is hereby amended by:
1. That Section 20.11 Exceptions be amended by the
addition of the following:
"20.11._ Notwithstanding any other provisions of this
Plan to the contrary, retail warehouse uses
and ancillary uses may be permitted on
approximately 3.9 hectares of land located
on the south side of Victoria Street East,
east of Thickson Road in the Town of
Whitby, subject to the following provisions:
i) retail warehouse uses with up to
50% of the gross leasable area
having a minimum store size of 465
sq.m., with the balance of the gross
leasable area having a minimum
store size of 929 sq.m.
ii) all development shall be subject to
satisfactory arrangements having
been made with the Region including
W
road improvements at the Thickson
Road /Victoria Street East
intersection; and
iii) the lands shall be placed in an
appropriate zone category by the
local zoning by -law in accordance
with the provisions of this section.
Implementation: The provisions set forth in the Durham Regional Official Plan, as
amended, regarding the implementation of the Plan shall apply in
regard to this amendment.
Interpretation: The provisions set forth in the Durham Regional Official Plan, as
amended, regarding the interpretation of this Plan shall apply in
regard to this amendment.
NOW