Report to: Development Services Committee Report
Date:
SUBJECT: RECOMMENDATION REPORT
Box
Grove Developments Inc.
Applications for Official
Plan and Zoning By-law Amendments to permit single retail premises with a
maximum floor area of 18,000 m² and a minimum floor area of 93 m², and
additional use permissions for a shopping centre at 500 Copper Creek Drive, Box
Grove Community
File: OP 08-121619 and ZA
08-121691
PREPARED BY: East District Team
1)
That the staff report dated April 21, 2009 entitled “RECOMMENDATION REPORT, Box Grove
Developments Inc., Applications for Official Plan and Zoning By-law Amendments
to permit single retail premises with a maximum floor area of 18,000 m² and a
minimum floor area of 93 m², and additional use permissions for a shopping
centre at 500 Copper Creek Drive, Box Grove Community, File: OP 08-121619 and
ZA 08-121691”, be received;
2)
AND THAT the applications by Box Grove Developments Inc. for Official
Plan and Zoning By-law amendments, be refused.
3)
And that Staff be authorized and directed to do all
things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
The
applications are for a 12.62 hectare (31.2 acre) site located at the southwest
corner of Highway 407 and the future
The proposal is
to develop a retail shopping centre anchored by a large format Walmart store
with a gross floor area of 17,013 m² which would contain an integrated
supermarket component of approximately 3,700 m². The centre is also proposed to
contain a number of freestanding retail/commercial buildings, some of which
would include second storey offices, located along the public roads and along a
‘main street’ within the site. The
development is proposed to have a total gross floor area of approximately
34,000 m². The proposed site plan and
coloured renderings are attached at the end of this report (Figures 4-11).
Lands within the Industrial –
Business Corridor Area designation are typically located along major road
frontages, adjacent to industrial areas.
The intent of the designation is to provide a mix of high quality
business opportunities for industrial
and commercial uses that require the exposure offered by such locations in
order to accommodate the business and service needs of companies and employees,
and to accommodate, at appropriate locations, certain uses that also serve the
general public. As part of a Town
Commercial Policy Review undertaken in 2004, the policies of the Business
Corridor Area designation were modified
(OPA 132) to better reflect the intent and planned function of the
designation. The primary change involved
a reduction in the permitted size of individual
retail stores from 6,000 m² to
1,000 m² with permission for computer and office supply stores to be a
maximum of 3,000 m². The policy also
clarified that retail uses are not
intended to accommodate the needs of the general public as their primary
function. At the time of this review,
interim site specific policies (which were the same as the original policies)
were applied to the subject lands having regard for ongoing applications
which were received in September, 2003.
This included the 6,000m² retail store cap size within the Industrial -
Business Corridor Area and prohibition of uses such as “retail and industrial uses involving accessory outdoor storage and/or
display of merchandise.”
There are Commercial designations within the Town’s Official Plan which do permit large format stores in excess of 6,000 m². These designations include Commercial - Major Commercial Area and Commercial - Retail Warehouse Area (see Appendix A). The planned function of these designations is to provide a “large-scale, multi-use, multi-purpose centre or area offering a diverse range of retail, service, community, institutional and recreational uses serving a major portion of the municipality and/or a broader regional market.”
The Town’s Official Plan - Section 3.4.4.5 – Large Scale Retail Development, further states that for any development where the proposal involves an amendment to the Official Plan/Zoning by-law, or proposes one or more retail premises in excess of 10,000m², or where the total gross leaseable area of retail premises is in excess of 30,000m², that a study/comprehensive municipal review may be required at the discretion of Council.
The applicant
has submitted a market assessment by Altus Clayton entitled Market Assessment of a Proposed Walmart
Anchored Commercial Centre – Box Grove Community, Town of Markham dated
June 2, 2008 (Appendix E). The assessment
recognizes that the size cap on individual stores to 6,000m² limits the
potential for retail uses. The study claims that the proposed Walmart will not
negatively impact any emerging or existing retail development in the vicinity;
however staff believes the assessment lacks detail on the impact the entire
commercial development will have on existing and planned commercial development
and on employment lands in the area. The
assessment indicates that there will be enough projected population in the market
study area (Box Grove and Cornell communities) at the anticipated build out in
2031, to support the proposed development, but potential impacts during the
interim period are not addressed. It is
the opinion of staff that the market assessment provided by the applicant is
insufficient in providing detailed information regarding the entire proposal
and its impacts, and that additional information should be provided. Concerns with the market assessment have also
been raised by an existing supermarket (Longos) in the Box Grove area (Appendix
F). Council may wish to direct a peer review of the market assessment, at the
applicant’s expense, if deemed appropriate.
The current proposal to accommodate a single premise that is almost three times the size currently permitted is a major departure from the planned function and built form intent of the Industrial – Business Corridor Area designation. This proposal is more in keeping with the planned function of the Major Commercial Area or Retail Warehouse Area designations of the Official Plan. However, were redesignation of the lands from Industrial to Commercial to be considered, a conflict with the minimum 42.5 hectares of employment lands required in the Box Grove Secondary Plan would result, which may have employment land conversion implications with respect to Provincial and Regional policies.
It has been the policy objective
of Markham Council and staff to create high quality neighbourhoods and
districts, including retail and service commercial uses, properly sized,
distributed and integrated into the areas served. The applications must be considered not only
relative to the specific amendments sought to the Town’s Official Plan policies
and zoning regulation, but also in the context of the purpose and intent of the
Town’s commercial policies and community design objectives. The applications as submitted are not felt to
be in keeping with the intended pattern of development on the Box Grove
employment lands, and could diminish the Town’s ongoing efforts to achieve
integrated, pedestrian friendly retail uses in the market study area identified
by the applicant (Box Grove and Cornell).
Staff have been
consistent in our expectations to see this large, strategically located site
develop as a high quality, mixed-use, business environment. While retail uses are permitted, so too are a
wide variety of employment uses, and the clear intent of the store size cap is
to regulate the types of uses permitted on the site, and clearly not permit
large format retailers such as Walmart. The
In the context of the current Growth Management Strategy, a primary objective of Markham Council and staff is to intensify development within the existing urban area, in order to limit outward expansion. With respect to employment lands, this pertains to intensification and redevelopment of existing employment districts, and higher density/intensity use of currently designated but undeveloped employment lands, such as the subject lands in the Box Grove employment area. The subject lands have potential for more intensive employment use than reflected in the current applications for a retail shopping centre.
At the
statutory Public Meeting held on
The proposal is supported by a
number of documents submitted by the applicant: a planning justification report
(Appendix D), a market assessment (Appendix E), a traffic impact study, and
environmental sustainability initiatives (Appendix H). Some of the potential benefits of the
proposal as identified by the applicant include:
- Committing to provide additional second floor offices if market demands
- Incorporate
a strong architectural feature at an appropriate location
- Enhance
the landscaping
- Provide
an improved Walmart façade
- Provide
a ‘main street’ along the main spine of the entrance to the site to
encourage pedestrian activity within the site
- Providing
550 trees as part of the Trees for Tomorrow initiative
- Providing
various sustainability initiatives, including a ‘white roof’ on the
Walmart building and rain water infiltration techniques.
Issues raised by a nearby retail
tenant and the Legacy Ratepayers Association, can be reviewed through the site
plan approval process, should Council see fit to approve the OPA and zoning
applications.
PURPOSE:
The purpose of this report is to
provide background information and a staff recommendation regarding the
applications by Box Grove Developments Inc. for Official Plan and Zoning By-law
amendments to permit a shopping centre, including a large format retail store,
at the southwest corner of Highway 407 and
BACKGROUND:
Property and Area Context
The subject property is
approximately 12.62 hectares (31.18 acres) in area and is vacant. The property has been cleared and graded as
part of the development process of draft approved plan of subdivision
19TM-030012. Located on the north-west
corner of
- To the north of the subject lands is Highway 407, and
beyond that are lands designated Business Park Area in the Cornell
community.
- To the south across
- To the east, across the future Parkway, are future
employment lands designated
- To the west is a tributary of the
The proposal is to develop a shopping
centre anchored by a large format retail store, with limited office uses
The proposal is
to develop a shopping centre anchored by a Walmart store of over 17,000 m²
which will contain an integrated supermarket component of approximately 3,700 m².
The centre is also proposed to contain a number of freestanding
retail/commercial buildings along the public roads (Copper Creek Drive and
Donald Cousens Parkway) as well as a group of retail/commercial buildings along the ‘main street’ or spine off the
southerly entrance to the site (Figure 4).
The shopping centre would have a total gross floor area of approximately
34,000 m². The proposed breakdown of the
gross floor area as submitted on
Proposed Building |
Retail/Commercial GFA |
Office GFA |
|
Building A (Walmart) |
17,013 m² (183,125 ft²) |
Nil |
|
Building B |
465 m² (5,000 ft²) |
Nil |
|
Building C |
1,756 m ² (18,900 ft²) |
1,338 m² (14,400 ft²) |
|
Building D |
1,282 m² (13,800 ft²) |
Nil |
|
Building E |
1,853 m² (19,950 ft²) |
1,435 m² (15,450 ft²) |
|
Building F |
1,488 m² (16,020 ft²) |
Nil |
|
Building G |
500 m² (5,382 ft²) |
Nil |
|
Building H |
515 m² (5,540 ft²) |
Nil |
|
Building I |
3,429 m² (36,910 ft²) |
Nil |
|
Building J |
2,740 m² (29,500ft²) |
Nil |
The applicant
has provided colour renderings in support of their proposal attached at the end
of this report (Figures 5-11).
The applicant
has indicated that the development, if approved, will occur in two phases. The
first phase is expected to include all of the buildings except the two
buildings adjacent to and parallel to the
The two southern ‘main street’ buildings are proposed to have second storey offices while the two northerly buildings along this spine are proposed to be single storey buildings with a two storey architectural treatment that would step down towards the north. The two buildings in the second phase, located along the Parkway, are also proposed to be single storey buildings with a two storey appearance, although the applicant has noted that these buildings could be built with actual second storeys, subject to future market demand.
The applicant is proposing to retain the current Industrial – Business Corridor Area Official Plan designation of the subject lands, and is requesting site specific amendments to the Official Plan and Zoning By-law to accommodate the shopping centre. A site plan application has also been submitted and is currently under review and will be dealt with separately.
The Planned Function of the Industrial - Business Corridor Area
designation
In the early 1990s, a need was
identified to re-evaluate the Town’s planning policies related to the emerging
trend in the retail sector towards large format “big box” stores. The land use impacts of large format retail
stores were of concern, resulting in a need to further define the planned
function of Commercial and Industrial land use designations. Council directed staff to undertake a Town-wide
Commercial Use Policy study which formed the basis of Official Plan Amendment
26, which was approved by Council in 1995.
OPA 26 generally established the Town’s current Commercial and
Industrial policies, some of which have since been amended as discussed below.
In 2004, the Town undertook a further review of the commercial policies established by OPA 26, to review the performance of the policies since 1995. This was in part due to concerns that development applications were not adhering to the planned function of certain designations such as the Business Corridor Area designation. Based on the findings of this review certain changes were proposed for the policies of certain designations, including the Business Corridor Area designation.
The planned function of the Business
Corridor Area category of the Industrial designation has always been to
primarily serve companies and employees in the employment district. It was not intended to be a location for major retail uses, and large
format stores over 6,000m² were specifically not permitted. The policy
framework does not envision permitting retail and industrial uses involving
accessory outdoor storage and/or display of goods, or very large retail stores
which require substantial parking areas generating considerable traffic. Also, individual retail premises of less than
300 m² are only permitted subject to specific
criteria such as their location within a mixed-use centre that is generally a
multi-storey building and where the total gross floor area devoted to retail
uses does not exceed the total floor area devoted to other permitted uses. Moreover, the policy framework has always called for development requirements
which lead to a streetscape that projects an image of quality business
environment; a streetscape where large surface parking areas, for instance, are
contained within structures or screened from public streets by multi-storey
buildings located in close proximity to the property line adjoining the public
street.
In order to ensure that the
primary development focus of this designation is maintained, the 2004 Commercial Policy Review
recommended that the planned function be clarified by clearly stating that
‘retail uses are not intended to accommodate the needs of the general public as
their primary function’. The study also recommended that the maximum store size
cap be reduced from 6,000m² to 1,000m² of gross floor area with the exception
of computer and office supply stores which may be up to a maximum of 3000 m²
(gross floor area). These
recommendations were incorporated into the Business Corridor Area policies of
the Official Plan through an amendment adopted by Council in 2005 (OPA 132), and
approved by the Ontario Municipal Board in a decision dated
The limitation in gross floor area provides
guidance for the intended form of retail to take place within each particular
category of industrial and commercial designation, given that different forms
of retail perform different functions, have different location criteria and
land use and traffic impacts. The Commercial - Retail Warehouse
Area and Major Commercial Area designations were introduced through OPA 26 in
1995, and provide designations with planned functions intended to accommodate major retail development
and large format stores as well as retail uses involving outdoor storage and or
display of merchandise for sale. Schedule ‘H’ – Commercial/Industrial
Categories is attached as Appendix
A.
To understand the impact of the size and scale
of the proposed shopping centre (33,814m2) and Walmart store
(17,013m2), comparisons can be made to similar existing developments
in the Markham. For example, the
Woodside Plaza on Highway 7 east of Woodbine Avenue, has a combined retail and
commercial gross floor area of 32,275 m2, including a Home Depot
with 12,113m2 of gross floor area.
The
Interim Site Specific Official Plan policies apply to the subject lands
In 2005 when the Business Corridor Area policies were being updated as noted above, subdivision and rezoning applications were under review for the subject lands. Through discussions with the applicants, the original Business Corridor Area policies were allowed to continue, pending the completion of the applications submitted by Box Grove Hill Developments. In this way, the new Business Corridor Area policies were able to come into effect Town-wide, save for sites under development review.
Thus, while the subject lands are designated Industrial – Business Corridor Area in the Markham Official Plan, these lands are specifically identified under Section 3.5.6.3.1 – Interim Site Specific Policies (Appendix B). The planned function as identified in this section refers to:
“locations for a mix of high quality business activities in corridors along major road frontages, primarily adjacent to industrial areas. Business Corridor Areas are intended for industrial and commercial uses that require the exposure offered by such locations in order to accommodate the business and service needs of companies and employees, and to accommodate at appropriate locations certain businesses that may also serve the general public.”
This interim policy limits the size of individual retail premises to a maximum of 6,000 m² and the minimum size of freestanding retail premises to 300 m². Retail premises of less than 300m2 are permitted only as part of a mixed-use, multi-storey centre. In addition, other restrictions with regard to outdoor storage and display, circumstances under which retail premises that are less than 300 m² can be accommodated, development requirements such as screening large parking areas etc. still continue to apply.
Box Grove Secondary Plan contains a minimum requirement for Employment lands
The Box Grove
Secondary Plan (OPA 92) was approved by Council in June 2002 and amended by OMB
Order dated
The site is adjacent to a Regional Gateway
as identified by the Province
It should be
noted that the Secondary Plan also identifies the Business Park Area lands immediately
to the east of this site as a Regional Gateway location. This area has been identified by the Province
as a potential site for a regionally scaled transportation gateway, or
“mobility hub” intended to become a transfer point among various modes of
local, regional and interregional transit facilities. The regional transportation plan recently
approved by Metrolinx (The Big Move – Transforming Transportation in the
Greater Toronto and Hamilton Area) identifies the area as a convergence point
for future GO Rail service (Havelock line) and rapid transit services along
Highway 407 and Highway 7 (Appendix C).
OPTIONS/ DISCUSSION:
Site-specific Official Plan amendment to
the Business Corridor Area designation has been requested
The requested amendments to the Official Plan to accommodate the shopping centre include the following:
- Increase the maximum permitted gross
floor area for a single retail premise from 6,000m² to 18,000 m²;
- Decrease the minimum permitted gross
floor area for a single retail premise from 300m² to 93 m² with a maximum
combined net floor area for such premises of 2,340 m² or approximately 7%
of the gross floor area of the shopping centre;
- Permit direct vehicular access to the
- Permit a supermarket, outdoor garden centre and outdoor storage as accessory uses to a retail store with a gross leaseable area greater than 14,000m²; and
- Permit restaurants and take-out
restaurants in any building, including free standing buildings.
The initial proposal included an automotive repair component which is prohibited in the Business Corridor Area designation. The application has since been amended to delete this proposed use.
A Secondary Plan amendment is not proposed
As the applicant is proposing to accommodate the shopping centre through a site specific amendment to the Official Plan, the Business Corridor Area designation within the Box Grove Secondary Plan would remain unchanged and the lands would still be included as part of the required 42.5 net hectares of employment lands, albeit employment accommodating primarily retail uses rather than industrial/office related uses.
The Box Grove Secondary Plan does
not contain a Commercial – Major Commercial Area or Retail Warehouse Area
designation, as it did not contemplate individual retail premises greater than 6,000 m² in size. Commercial/retail locations were envisioned
to be provided within the context of the Business Corridor Area and Community
Amenity Area designations, and in the area designated as the Village
Centre. It was anticipated that some shopping
opportunities would occur at either end of the Box Grove community, albeit not
over the 6,000 m² store size cap. Areas
to accommodate large format retail stores in the eastern portion of
Staff believe that the proposed development is more characteristic of the Town’s Commercial policy designations, such as Retail Warehouse Area or Major Commercial Area, due to the size, scale and proposed uses of the proposed shopping centre. However, redesignation of these lands to Commercial would have further impact on the minimum 42.5 hectares of net employment lands to be provided within the Box Grove Secondary Plan area, and could not be supported. Moreover, a redesignation from Industrial to Commercial may have employment land conversion implications, contrary to Provincial and Regional policies.
The applicant is also proposing an
amendment to the Zoning By-law
The lands are zoned ‘Business Corridor’ in By-law 177-96, as amended. Permitted uses include a range of employment/industrial uses, and institutional and service uses, including freestanding restaurants. Retail stores are also permitted subject to an individual premise having a minimum net floor area of 300 m² and a maximum net floor area of 6,000 m².
The proposed amendments would change the minimum and maximum permitted floor area for a single retail premise to 93m² and 18,000 m² respectively. Permission for outdoor storage/display of merchandise for sale, and free standing restaurants, has also been requested. A supermarket is proposed to be integrated within the Walmart building, and for clarification purposes the applicant has requested that a supermarket be added as a specific permitted use. In addition, the applicant is also proposing to reduce the parking requirement for the shopping centre by applying a standard of 1 parking space per 22 m² of floor area whereas the by-law requires parking at a rate of 1 space per 18 m². The standard of 1 parking space per 22 m² has been applied to more than one large scale shopping centre in the Town but such reductions in parking would normally be supported by a parking study. A parking study has not been submitted for this application.
The application does not comply with the
Interim Site Specific Policy or the Planned Function of the Business Corridor
Area designation
As noted earlier, the planned function of the Business Corridor Area designation under the interim site specific policy specifically states:
“This category identifies locations for a
mix of high quality business activities in corridors along major road
frontages, primarily adjacent to industrial areas. Business Corridor Areas are intended for
industrial and commercial uses that require the exposure offered by such
locations in order to accommodate the business and service needs of companies
and employees, and to accommodate at appropriate locations certain businesses
that may also serve the general public.
A high level of urban design is required to maintain the positive
business image of the industrial area.”
The
intent was not to provide primarily retail uses to accommodate the needs of the
general public as the primary function. The interim policies continue to limit
the maximum size of individual retail premises to 6000 m², provide that retail
premises of less than 300 m² are only permitted subject to specific criteria,
prohibit retail and industrial uses involving accessory outdoor storage and/or
display of merchandise, provide that large surface parking areas should not be
highly visible from public streets, and provide that development on lands
fronting onto or adjoining major arterial roads shall generally consist of
multi-storey buildings located in close proximity to public streets. From these restrictions and requirements it
is clear that siting, massing and scale of built form elements and use
permissions were all intended to contribute to development within the Business
Corridor Area that projects an image of a quality business environment which,
even when it contains uses serving the general public, would reflect its
primary function of accommodating the business and service needs of nearby
companies and employees. Offices, light
industrial uses, convention centres, research and training centres, data
processing and other employment related uses are also permitted as primary
uses.
Clearly the proposed development, which is essentially a shopping centre with large surface parking areas, outdoor storage and display of merchandise, and which contains a single premise that is three times the maximum permitted gross floor area, is not in keeping with the interim site specific policies or the intended planned function of the Business Corridor Area designation.
It
has been suggested by the applicant that the gross floor area limitation is
artificial as the merchandise sold at the proposed 18,000 m² store is no
different than what could be sold collectively at three 6,000 m² stores within
one large building. They have also noted
that neither the Official Plan nor the current zoning of the property caps the
total maximum gross floor area of retail permitted at this site. However, the 6,000 m² cap on individual
premises was originally intended to limit the function, size and scale of
retail uses, which is consistent with the planned hierarchy of retail centres
in the Town’s Official Plan. Large
stores, and certainly a store of 18,000 m², perform a broader commercial/retail
function and likely serve regional population markets as well. The Commercial hierarchy outlined in the
Town’s Official Plan directs such large format stores to other land use
categories, in particular, the Retail Warehouse Area and Major Commercial Area
designations.
The Town has consistently envisioned these lands to develop as a high
quality, mixed use, business development.
The Town has consistently
envisioned this site to be part of a larger emerging employment district within
the Box Grove and Cornell communities (see Figure 12). The
The location of
the subject lands at the interchange of the
Growth Management Strategy – Intensification of Employment Lands
The Town of
A primary objective of Markham Council and staff is to intensify development within the existing urban area, in order to limit outward expansion.
With respect to employment lands, this pertains to intensification and redevelopment of existing employment districts, and higher density/intensity use of currently designated but undeveloped employment lands, such as the subject lands in the Box Grove employment area.
The subject lands have potential for more intensive employment use than reflected in the current applications for a retail shopping centre.
Town policies and urban design vision promote smaller scale retail uses
integrated into the communities served
It has been the policy objective
of Markham Council and staff to create high quality neighbourhoods and
districts, including retail and service commercial uses, properly sized,
distributed and integrated into the areas served. This is consistent with the Town’s New
Urbanism planning principles, including such matters as mixed land use, compact
urban form, transit oriented development, pedestrian friendly streetscapes and
an emphasis on the public realm.
There are numerous references in
the Official Plan and in this report to Council’s objective of limiting the
size of individual retail premises, and directing larger format retail stores
to the appropriate categories and locations (Retail Warehouse and Major
Commercial Areas).
Master Plans and Secondary Plans
adopted by the Town, including the Box Grove and Cornell Secondary Plans in
this vicinity, outline detailed land use designations and policies which guide
the location, scale and built form of retail uses.
Town staff in a 2004 policy
report (Council’s Strategic Priorities – 2004-2006, dated
The applications must be
considered not only relative to the specific amendments sought to the Town’s
Official Plan policies and zoning regulation, but also in the context of the
purpose and intent of the Town’s commercial policies and community design
objectives. The applications as
submitted are not felt to be in keeping with the intended pattern of
development on the Box Grove employment lands, and could diminish the Town’s
ongoing efforts to achieve integrated, pedestrian friendly retail uses in the
market study area identified by the applicant (Box Grove and Cornell).
The Region of
The Region of York has provided a letter stating that the “protection of industrially designated employment lands is important for the economic competitiveness of York Region including the employment lands located in close proximity to the 400 series highways”. The letter, however, notes that the Business Corridor Area designation permits retail uses and the amount of retail use is limited only to the size of the individual premise. The Region recognizes that there may be a ‘planned function’ issue but notes that this needs to be assessed in the context of the Markham Official Plan and Secondary Plan. Therefore, the Region believes the application is a local policy consideration and has exempted the proposal from Regional approval.
The Region also states that “since retail uses, and the cumulative affect of the retail coverage permissions on the employment lands, are already permitted by Markham’s Official Plan for the subject lands, in Regional staff’s opinion, the actual increase in the individual unit size does not constitute an employment land conversion under the Provincial Growth Plan for the Greater Golden horseshoe (2006)”.
The applicant has submitted a Planning
Rationale in support of the applications
As part of the
original application, the applicant submitted a
The rationale
also identifies that one existing Walmart and three additional Walmart stores
are proposed within the Town of
The planning rationale provided by the applicant maintains that the size limitation on a single premise is an artificially imposed number. At present, a developer can construct several 6,000m² retail pads on the site, in excess of a total gross floor area of 20,000 m². In response, staff remain consistent in our interpretation of the planned function of the site. While retail uses are permitted, so too are a wide variety of employment uses, and the clear intent of the store size cap is to regulate the types of uses permitted on the site, and clearly not permit large format retailers such as Walmart.
The applicant has submitted a Market Assessment
In support of the proposal, the applicant has submitted a report by Altus Clayton entitled Market Assessment of a Proposed Walmart Anchored Commercial Centre – Box Grove Community, Town of Markham dated June 2, 2008 (refer to Appendix E). The assessment recognizes that the size cap on individual stores to 6,000m² limits the potential for retail uses on the site and limits potential development options. However, the assessment states that the proposed development could be supported by the planned population at the projected 2031 build out of the market study area (Box Grove and Cornell communities). Furthermore, it is the opinion of Altus Clayton that Walmart serves a similar market function to a series of smaller retail stores under the floor space limit of 6,000 m², and that locating the Walmart development on these lands will not negatively impact any emerging retail development in the vicinity, and will further encourage employment uses to locate within close proximity of this development.
Staff is of the opinion that the market assessment lacks detail on the impact the entire commercial development will have upon existing and planned commercial developments in the Box Grove and Cornell communities. The assessment specifically addresses the proposed Walmart, but does not address the other uses proposed on the site. The market assessment states that at anticipated build out of Box Grove and Cornell by 2031, there should be enough projected population to support the proposed development, but does not address the interim effects of the development on existing and planned commercial developments in and around this site, prior to the 2031 projected build out.
While
The applicant has submitted a Traffic Study in support of the
application
The applicant has also submitted a traffic impact study in support of the application. The study entitled “Traffic Impact Study/Site Plan Review” by URS Canada Inc., dated May 2008 has been reviewed by the Transportation and Engineering Department. In summary, the study recommends:
- Traffic lights to be installed at the future
intersection of
- Future traffic lights to be installed at the future
intersection of
- Dedicated turning lanes onto
- Right-in and right-out turning restrictions from
Subsequent to the original submission, URS Canada Inc provided additional information regarding trip generation data, and staff is now satisfied with the study.
A letter has been submitted by a Longos
representative
Staff received
a letter dated
A Public Meeting was held on December 2,
2008
A statutory
Public Meeting was held by Development Services Committee on
Traffic impacts on neighbouring
communities
Committee and representatives
from the Legacy Ratepayers Association stated concerns with the potential increase of traffic along
Completion of road infrastructure
The Committee discussed the
importance of the completion of the transportation network, with specific
reference to the completion of Donald Cousens Parkway (DCP) and
- Construction of the ramps to Highway 407 - proposed to be delivered in mid 2009
- Widening of
- Construction of Copper Creek to
Type of employment generated in the area
Committee expressed concerns related
to the type of employment generated by this proposal, indicating that
part-time, low wage employment is not sustainable. Since the Public Meeting, the applicant has
committed to adding additional second floor offices on certain retail pads to
increase the amount and variety of employment opportunities. A breakdown of the proposed uses and gross
floor area has been provided under the proposal section of this report.
Staff and the applicant met with the Legacy
Community Ratepayers Association
On
It was
discussed that the construction drawings for the
The representatives of the Ratepayers Association also requested that a 1-2 year traffic monitoring plan be implemented after the opening of the proposed development, and adjustments be made to reflect any problems that may arise. Staff agreed that while the assumptions provided in the traffic study were reasonable, a traffic monitoring plan would be required.
The Legacy
Community Ratepayers Association recently submitted a letter formalizing their
requirements and expectations, which is attached as Appendix G. It is felt that this letter and its contents
are more appropriately addressed at the site plan stage, if the current
Official Plan Amendment and Rezoning applications move forward to approval.
Notwithstanding the planned function issue,
the applicant maintains the proposed development has merit
The applicant maintains that the
proposed development will provide additional commercial and retail services to
meet the needs of the emerging community in the eastern portion of
The applicant has committed to
provide additional second
floor offices to increase the amount and variety of employment opportunities
(subject to demand) and to incorporate a strong architectural feature at an
appropriate location (possibly at the northern terminus of the ‘main street’)
and enhance the landscaping. With
specific regard to the proposed Walmart building, the applicant has provided
some improvements to the façade treatment, and proposes a higher quality design
suitable to the neighbouring communities.
Walmart has also
indicated that they will provide a variety of sustainable features in their
building and the site around the building. The applicant has provided a complete list of
sustainability initiates attached as Appendix H, including:
- A
‘white roof’ on the Walmart;
- Rooftop
rainwater infiltration;
- Stormwater
infiltration into underground storage facilities for the 5 year storm
event;
- Construction
of an energy efficient Walmart by implementing various technologies to
reduce energy consumption; and
- Wider
landscape buffers to permit groundwater infiltration.
An effort has been
made to address the ‘heat island’ effect of the extensive asphalt parking areas
by providing additional tree planting within the parking areas. The landscape
plan proposes a total of approximately 550 trees on the site. This is a
significant number of trees for the site and it exceeds the Trees for Tomorrow
target of 1 tree for every 5 parking spaces by providing approximately 1 tree for
every 3.5 parking spaces. Additional work would be required with the applicant
to ensure the impact of the large parking lot is mitigated through appropriate
planting.
The applicant also
proposes that the ‘main street’ approach to the design of the retail/office
buildings along the main spine of the entrance to the site will provide
encouragement to the residents to walk to and within the development. The
intent of the design of this ‘main street’ is to provide a focus and draw attention
away from the large format retail building at the rear of the property. If the current applications were to proceed
to approval, staff would need to work with the applicant to ensure the proposed
site plan components and the sustainability initiatives being proposed by
Walmart will be incorporated on all other buildings across the site, and the
impact of the parking and Walmart building be mitigated through building
location, orientation and design.
CONCLUSION:
The requested amendments to the Industrial – Business Corridor Area designation and the applicable zoning by-law would significantly deviate from the planned function of the Business Corridor Area lands, and cannot be supported by staff. Staff recommend denial of the proposal. In the event Council chooses to approve the current applications for the Official Plan and Zoning By-law amendment, staff will continue to work with the applicant to address the comments of the Legacy Community Ratepayers Association and move the site plan application forward.
FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)
Not Applicable.
HUMAN
RESOURCES CONSIDERATIONS
Not Applicable.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Key strategic priorities of Council should be considered in the review of this proposal including: Economic Development, Growth Management, Transportation/Transit, Environment and Sustainable Development practices.
BUSINESS UNITS CONSULTED AND AFFECTED:
The
applications were circulated to all Town departments and external agencies and
their comments have been incorporated into this report.
RECOMMENDED BY:
_______________________________ ______________________________
Biju Karumanchery, M.C.I.P, R.P.P Valerie Shuttleworth, M.C.I.P, R.P.P
Senior
Development Manager Director
of Planning and Urban Design
_ ______________________________
Jim Baird, M.C.I.P, R.P.P
Commissioner
of Development Services
FILE PATH:
Amanda\File OP 08 121619\Documents\Recommendation Report-Revised
ATTACHMENTS:
Figure 1 –
Location Map
Figure 2 – Area
Context and Zoning
Figure 3 – Air
Photo 2007
Figure 4 – Site Plan
Figure 5 – Site
Plan Detail –
Figure 6 – Walmart Elevations
Figure 7 –
Perspective – View of
Figure 8 –
Perspective – View of
Figure 9 – Elevations for Retail Buildings C, D, E, and F
Figure 10 – Elevations for Retail Buildings I and J
Figure 11 – Commercial Centre Details
Figure 12 – Emerging Employment District (Box Grove and Cornell Communties)
Appendix A – Town of
Appendix B – Town of
Appendix C – Metrolinx, Schedule
Appendix D – Planning Justification Report by KLM Planning Parnters Inc
Appendix E – Market Assessment of a Proposed Walmart
Anchored Commercial Centre by
Appendix F – Letter from Miller Thompson (Longos representative)
Appendix G – Letter from the Legacy Ratepayers Association
Appendix H – Walmart
Sustainability Initiatives
APPLICANT/AGENT: David Stewart
Box Grove Developments Inc.
Telephone: 905-856-5800 Fax: 905-856-8508
Email: dstewart@tacc.com
Figure 1 – Location Map
