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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