posting
09-08-2009, 05:12 PM
City of Kingston
Media Release
For Immediate Release
Sep. 8, 2009, 11:40 a.m.
Council Approves Lowe's Gardiners Road Proposal
On August 4, 2009, City of Kingston Council voted to approve a settlement with Lowe's Canada. Council determined at that time that it was not appropriate to release the particulars of the settlement until the details were finalized. The parties have now confirmed all necessary details and Lowe's are preparing to file a revised site plan control application. The settlement must still be presented to the Ontario Municipal Board for its approval.
The Ontario Municipal Board has scheduled a pre-hearing for October 14 to consider procedural issues related to the appeals and the settlement.
Lowe's originally proposed to locate a new Lowe's home improvement store at 1085 Gardiners Road. The proposed store was located at the north end of the property, leaving an approximately 9 acre parcel of vacant land between the Canadian Tire store and the proposed Lowe's store.
City of Kingston Planning and Development staff recommended refusal of the original Lowe's application on the basis that it would convert existing industrially designated lands to a retail use, would create additional pressures on the Gardiners Road corridor to convert other industrial lands to retail uses and would effectively convert the southern portion of the site to retail even though that portion of the site was not part of the application. Lowe's appealed the City's refusal to the Ontario Municipal Board and on July 16 and 17 the parties participated in a mediation session at the Ontario Municipal Board.
The settlement endorsed by Council on August 4, 2009, and supported by City staff who had participated in the mediation session, will allow the parties to avoid the 4 week OMB hearing scheduled for the fall. The details of the settlement that will be presented to the OMB include:
* Lowe's agrees to move the proposed store to the southern portion of the lands, immediately north of the existing Canadian Tire, on the lands now occupied by Richvale Block;
* Approximately 9 acres of the northern portion of the site will remain designated for business park industrial, intended primarily for prestige industrial uses characterized by a high standard of site design. Such uses could include office buildings, educational centres, research and development facilities within enclosed buildings and other non-retail uses which are compatible with the principal business park uses;
* Lowe's agrees to abandon its request for a 5,000 square foot building and associated parking that would be located adjacent to the proposed store. This will further reduce the amount of land required to accommodate the Lowe's use and increase the amount of land retained for future business park industrial uses;
* Lowe's will submit a revised site plan control application and required amended supporting studies to the City to reflect the new location;
* The northern portion of the lands will remain designated business park industrial in the Official Plan and the parties agree not to appeal this designation or make application for an Official Plan Amendment to permit retail uses on those lands for a minimum of five years;
* As part of the settlement the owners of the vacant parcel north of Wal-Mart on Midland Avenue have also agreed not to make application for Official Plan amendments to convert their lands to retail uses for a minimum of five years. Although related to land that is not part of the application before the OMB, this concession is an essential element of the settlement in that it ensures that the lands south of Cataraqui Woods Drive between Midland Avenue and Gardiner's Road will remain available for industrial development;
* The parties further agree not to support any other owner of land south of Cataraqui Woods Drive east of Gardiner's Road in any application for Official Plan amendments to permit retail uses that those owners might make for a minimum of five years.
The compromises made by the parties will enable the City to protect valuable industrial land south of Cataraqui Woods Drive for future industrial uses while permitting Lowe's to locate in Kingston. The details of the site plan for the new location will be processed through the City's normal site plan review process. City Planning Committee will have the ability to suggest changes and discuss ways to improve the development with Lowe's, but final approval of the site plan will rest with the OMB as the site plan is under appeal as well.
- 30 -
Media contact information:
The City of Kingston's Media Hotline is 613-546-4291, ext. 2300
Media Release
For Immediate Release
Sep. 8, 2009, 11:40 a.m.
Council Approves Lowe's Gardiners Road Proposal
On August 4, 2009, City of Kingston Council voted to approve a settlement with Lowe's Canada. Council determined at that time that it was not appropriate to release the particulars of the settlement until the details were finalized. The parties have now confirmed all necessary details and Lowe's are preparing to file a revised site plan control application. The settlement must still be presented to the Ontario Municipal Board for its approval.
The Ontario Municipal Board has scheduled a pre-hearing for October 14 to consider procedural issues related to the appeals and the settlement.
Lowe's originally proposed to locate a new Lowe's home improvement store at 1085 Gardiners Road. The proposed store was located at the north end of the property, leaving an approximately 9 acre parcel of vacant land between the Canadian Tire store and the proposed Lowe's store.
City of Kingston Planning and Development staff recommended refusal of the original Lowe's application on the basis that it would convert existing industrially designated lands to a retail use, would create additional pressures on the Gardiners Road corridor to convert other industrial lands to retail uses and would effectively convert the southern portion of the site to retail even though that portion of the site was not part of the application. Lowe's appealed the City's refusal to the Ontario Municipal Board and on July 16 and 17 the parties participated in a mediation session at the Ontario Municipal Board.
The settlement endorsed by Council on August 4, 2009, and supported by City staff who had participated in the mediation session, will allow the parties to avoid the 4 week OMB hearing scheduled for the fall. The details of the settlement that will be presented to the OMB include:
* Lowe's agrees to move the proposed store to the southern portion of the lands, immediately north of the existing Canadian Tire, on the lands now occupied by Richvale Block;
* Approximately 9 acres of the northern portion of the site will remain designated for business park industrial, intended primarily for prestige industrial uses characterized by a high standard of site design. Such uses could include office buildings, educational centres, research and development facilities within enclosed buildings and other non-retail uses which are compatible with the principal business park uses;
* Lowe's agrees to abandon its request for a 5,000 square foot building and associated parking that would be located adjacent to the proposed store. This will further reduce the amount of land required to accommodate the Lowe's use and increase the amount of land retained for future business park industrial uses;
* Lowe's will submit a revised site plan control application and required amended supporting studies to the City to reflect the new location;
* The northern portion of the lands will remain designated business park industrial in the Official Plan and the parties agree not to appeal this designation or make application for an Official Plan Amendment to permit retail uses on those lands for a minimum of five years;
* As part of the settlement the owners of the vacant parcel north of Wal-Mart on Midland Avenue have also agreed not to make application for Official Plan amendments to convert their lands to retail uses for a minimum of five years. Although related to land that is not part of the application before the OMB, this concession is an essential element of the settlement in that it ensures that the lands south of Cataraqui Woods Drive between Midland Avenue and Gardiner's Road will remain available for industrial development;
* The parties further agree not to support any other owner of land south of Cataraqui Woods Drive east of Gardiner's Road in any application for Official Plan amendments to permit retail uses that those owners might make for a minimum of five years.
The compromises made by the parties will enable the City to protect valuable industrial land south of Cataraqui Woods Drive for future industrial uses while permitting Lowe's to locate in Kingston. The details of the site plan for the new location will be processed through the City's normal site plan review process. City Planning Committee will have the ability to suggest changes and discuss ways to improve the development with Lowe's, but final approval of the site plan will rest with the OMB as the site plan is under appeal as well.
- 30 -
Media contact information:
The City of Kingston's Media Hotline is 613-546-4291, ext. 2300