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New comprehensive zoning bylaw creates concerns

Conforming to the new Thorold Official Plan is creating uncertainty for some developers and land owners

Owners of established businesses like the Book Depot, and others who were contemplating opening up in Thorold, said they’re now reconsidering, due to problems associated with the city’s new comprehensive zoning bylaw.

Mandated by the province, the bylaw was explained at last week’s council meeting by city planner Denise Landry, followed by presentations from seven business representatives, beginning with Greg Chew of Colliers International.

Chew named properties at 296 Collier Road, 1530 McCleary Drive and 1600 McCleary Drive as being potentially problematic.

“There is a proposed change from light industrial to an M4 zone,” he told councillors, adding that currently the sites have “18 permitted uses there that are about to be stripped away, if this bylaw is passed. A wide range of those permitted uses will dramatically reduce the land value for these owners, as well as the ability to attract new land owners to Thorold.”

Chew cited Stokes Seeds, Canpar, Scorpions Cheerleading and MFX (Multi Freight Express) as existing currently at 296 Collier Road.

“All these tenants would become legal non-conforming,” he said, “and under the non-conforming use, the current tenants would be allowed to stay, but if they were to vacate for 12 months, none of them could come back under those uses. We are really narrowing the market for potential jobs to come to Thorold. Narrowing the scope of permitted uses is a big step to take, and I don’t think it should be taken lightly.”

Victor Muratori, a solicitor with Sullivan Mahoney, also spoke on the McCleary Drive property.

“This area has gone through 30 Ontario Municipal Board (OMB) hearings,” he said, “and what is there now is a result of those hearings.”

Muratori explained, “Some of that was because it was the only area in Thorold that could accommodate a 40,000-foot food store. The history of this is that the owner of the time had signed an agreement and purchase of sale with Costco, but the zoning at that time didn’t permit it. It was also one step behind being able to accommodate some potential users. It is serviced and one of the very few quadrants allowed along Hwy. 406 and 58 that’s vacant. So when you talk about employment lands, serviced lands near highways,” he continued, “I can think of no other land that fits this better.”

Muratori added that the Region is currently undertaking a study of employment lands, “which includes this area, and that study is incomplete. There are uses here, for instance, why wouldn’t you want a microbrewery and a restaurant, an animal shelter; a commercial gym?”

The serviced site is surrounded by an urban population, he said.

“I think there are great opportunities out there and there aren’t many sites in Thorold and St. Catharines that meet the same criteria as this. I am asking council to take this portion of the bylaw and defer it and wait to see what the study on employment by the Region says.”

Asked by Coun. Ken Sentance if he had "interest in this area," Muratori confirmed that he had clients who were interested.

City planner Tamara Tannis told ThoroldNews that the Mcleary Drive site can be amended through a Regional Municipal Comprehensive Review.

Kevin Hooiveld, vice president of operations of the Book Depot also expressed his concern.

“In 2000, we purchased the property from the city and put $40 million into that facility and completely filled it," he told councillors. "We are running six days a week, 24 hours a day. We need to expand. We have been told the new bylaw will not allow that. We cannot continue to grow without that expansion and we will be forced to leave the city of Thorold.”

According to Tannis, “The Book depot has a site plan application currently ‘in process’ that will approve their addition. So there is no issue" with expansion.

"But," she added, "the outcome of the proposed zoning bylaw is that once approved, the current property’s use (e.g. warehouse) will not be in the list of permitted uses; with that being said, the existing use (e.g. warehouse) will be considered a legal non-conforming use."

Craig Rohe, a planner with Upper Canada Consultants of St. Catharines, said he and his associates have been reviewing Thorold’s staff report.

“We do support a number of changes being made,” he said, “including allowing outright residential in the downtown. One of our clients is looking to develop in downtown Thorold. As the new bylaw comes into effect,” he added, “it puts him in great shape to carry through with it, with minor variances. Changes made to the Planning Act in 2015 brought in new requirements that there is a two-year moratorium about zoning bylaws, and it’s tied to minor variances, which would affect this client. We’re looking to see if minor variances are going to be permitted. We would ask staff to review the legislation and reach out to other developers to let them know that they can make minor adjustments to tailor their plans for the city of Thorold.”

Brendan Graham of Landex Develoments and Kevin Bolibruck expressed concern that the bylaw affects Bolibruck and his partners’ proposal to build a Home Hardware business at 2880 Highway 20.

“We are rushing to get that done before the bylaw passes,” said Bolibruck. “A venture like this will bring substantial employment to the town. We are excited about this venture and we should have a completed submission before the bylaw passes.”

Currently, the site is zoned agricultural and would allow a Home Hardware store, said legal counsel. “But the new bylaw isn’t carrying over that use.”

As a land owner at 1530 McCleary Road, Reid Monk said, “We feel a bit blindsided because we haven’t even owned it for a year and our plan is no longer permitted. It’s very frustrating because our plan was allowed when we purchased it but it won’t be now. We put a lot into it.”

Monk said he currently owns an indoor rock climbing gym in Hamilton, and wants “to open a second one here,” and bought the land because of its proximity to the highway and residential area, “and it seemed like a great, really cool use for a community.”

Ken Ganeux appeared as a “personal friend of the owner, Mr. M. K. Kim, at 1809 Merrittville Highway,” the property located at Turners Corners on Hwy. 20, which currently is fronted by a PetroCan gas station.

“There is still land on the west side available for development,” he explained. “The existing zoning is highway commercial, which permits a series of uses and light industrial and a site specific zoning was allowed previously. With the new official Plan, the area on the west side is within the Green Belt, so the site becomes designated as specialty crops. Any existing legal commercial and industrial uses should be permitted in the specialty crop designation.”

“The gas station and the plaza on the site have been there for a long time,” he continued. If the specialty crop zoning passes, “It’s going to render the plaza and existing gas bar legally non-conforming. The owner plans to open the west part of the site, providing for continued commercial tax revenue for the city. He wants to continue the current zoning use.”

Tannis confirmed that under the new plan, the Hwy 20 property zoning cannot be changed due to Green Belt designation.

All comments and concerns can be addressed to city clerk Donna Delvecchio, by emailing [email protected]