Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
22 January 2008 / le 22 janvier 2008
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager /
Directrice municipale adjointe,
Planning, Transit and the Environment /
Urbanisme, Transport en commun et Environnement
Contact
Person/Personne Ressource : Grant Lindsay, Manager / Gestionnaire,
Development Approvals / Approbation des demandes d'aménagement
(613)
580-2424, 13242 Grant.Lindsay@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the Planning and Environment Committee recommend Council approve an amendment to the former City of Kanata Zoning By-law to change the zoning of 720 Silver Seven Road from "M1A" (Light Industrial, Select) and "M1C-2(H)" (Light Industrial, Mixed, Exception 2, Holding) to "M1C-XX(H)" (Light Industrial, Mixed, Exception XX, Holding), as shown in Document 1 and detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de recommande au Conseil d’approuver une modification au Règlement de
zonage de l’ancienne Ville de Kanata afin de changer le zonage de la propriété
du 720, chemin Silver Seven de « M1A » (Zone d’industrie légère
spéciale) et de « M1C-2(H) » (Zone d’industrie légère mixte, assortie
d’une exception 2, aménagement différé) à « M1C-XX(H) » (Zone
d’industrie légère mixte, assortie d’une exception XX, aménagement différé),
comme il est montré dans le document 1 et expliqué dans le document 2.
BACKGROUND
720
Silver Seven Road is located in the Terry Fox Business Park at the southwest
quadrant of the Highway 417 and Terry Fox Drive interchange, as shown in
Document 1. The site has an area of
4.45 hectares and is bounded by Terry Fox Drive to the east and Silver Seven
Road to the west. A Costco is located
immediately to the north of the site.
To the east of the site across Terry Fox Drive is a residential
subdivision. A hotel and office uses
are located to the south. An industrial
and office building is located west of the site across Silver Seven Road. The site is undeveloped and slopes downwards
from Terry Fox Drive towards Silver Seven Road.
Proposed Development
The applicant proposes to develop
the site with a shopping centre containing approximately 8175 square
metres of gross floor area. Vehicular
access to the site will be provided from a new signalized intersection on
Silver Seven Road.
Existing Zoning
The southern portion of the site
is zoned "M1A" (Light Industrial, Select), and the northeast corner
is zoned "M1C-2(H)" (Light Industrial, Mixed, Exception 2,
Holding). The "M1A" zone
allows a variety of uses including light industrial uses, offices, a printing
establishment, a wholesale establishment and public uses. The "M1C-2(H)" zone permits all of
the uses in the "M1A" zone, business park retail outlets, home
renovation centres, hotels, recreational establishments, restaurants,
automobile sales dealerships, automobile rental establishments, planned retail
centres and retail warehouses. A retail
warehouse use, which has a minimum gross floor area of 1858 square metres and a
maximum gross floor area of 4999 square metres, is only permitted after the
holding (H) symbol has been lifted. The
conditions to lift the holding symbol include the submission of a traffic
study, a market study, a site plan application, and any other information
required by the City.
Purpose of Zoning By-law
Amendment Application
The purpose of the application is
to rezone the site to a new site-specific "M1C-XX(H)" (Light
Industrial, Mixed, Exception XX, Holding) zone. The proposed zone would permit all the uses currently permitted
in the "M1A" and "M1C-2(H)" zones and would allow the following
additional uses: a department store, a retail store, a shopping centre, a
fast-food restaurant, a full service restaurant and a take-out restaurant. Specifically, the applicant has requested
zoning to permit retail stores with a gross floor area of less than 1858 square
metres.
Ontario Municipal Board
Appeals
In April 2006, the applicant
appealed the subject application to the Ontario Municipal Board because the
City refused to make a decision on the application within the prescribed
timeframe under the Planning Act. A hearing has not been scheduled to date for
the application. However, a separate
hearing was held in 2006 for a nearby property at 15 Frank Nighbor Place and
737 and 777 Silver Seven Road. Traffic
issues that relate to the proposed development at 720 Silver Seven Road were
examined at this hearing.
DISCUSSION
The
site is located within the Terry Fox Business Park which is designated as an
"Employment Area" in the Official Plan. The Terry Fox Business Park is bounded by Highway 417 to the
north, Terry Fox Drive to the east, Maple Grove Road to the south and the Carp
River to the west. Employment Areas are
planned to provide at least 2000 jobs at a range of densities. Permitted uses include a variety of
industrial and employment-generating uses, such as warehousing and
distribution, manufacturing, communications, storage, construction, office,
institutional, and research and development uses. Complementary uses, such as recreational, health and fitness,
child care and service commercial uses are also permitted.
Policy 3.6.5(g) in the Official Plan specifically permits retail
uses on lands located south of Highway 417, west of Terry Fox Drive, east of
the Carp River and north of Palladium Drive, save and except for property with
any frontage on Palladium Drive, and provided that adequate road capacity is
available. This policy recognizes that
the former City of Kanata Official Plan permitted limited retail uses within
part of the Terry Fox Business Park. As
the subject property is located within the geographic area described in the
policy, retail uses are permitted provided that adequate road capacity is
available. The Official Plan does not
contain any restrictions on the type of retail uses permitted, and does not
provide any minimum or maximum sizes for retail uses in this area.
Road
Capacity
In
2006, the issue of road capacity in the Terry Fox Business Park was examined at
an Ontario Municipal Board hearing regarding appeals to four planning applications
at 15 Frank Nighbor Place and 737 and 777 Silver Seven Road. These properties are located on the west
side of Silver Seven Road opposite the Costco store. The appeals were to two minor variance applications, an
application to lift the holding symbol from the existing "M1C-2(H)"
zone to permit retail warehouse uses, and a site plan application to permit 12
167 square metres of retail and service commercial space.
One of the conditions to lift the holding symbol was for the proponent to submit a traffic study identifying the roadway/intersection modifications required to support the scale of development proposed. Existing retail developments in the area include Home Depot with a gross floor area of 11 891 square metres, and Costco with a gross floor area of 13 311 square metres. In 2007, Council also approved a Zoning By-law amendment application at 20 Frank Nighbor Place to permit a shopping centre with a gross floor area of 19 773 square metres. In total, there is upwards of 65 000 square metres of existing and proposed retail commercial space in the Terry Fox Business Park including the proposed space at 720 Silver Seven Road. In terms of scale, the existing and proposed developments would form one of the larger retail nodes within the city.
Silver Seven Road provides the only access between Palladium Drive and the existing and proposed retail developments. There is no other access between the developments and the arterial road network. The hearing focused primarily on the ability of the road network to accommodate all of the existing and proposed retail developments in the Terry Fox Business Park, and whether a single access was appropriate to support the scale of development.
The City argued that a single access is not sufficient to accommodate all of the retail and service commercial space proposed, and that the applications should not be approved until a second access can be provided. The developers argued that the road network could support all of the existing and proposed developments without the addition of a second access.
The Board issued a decision that supports all of the proposed retail and service commercial space proceeding with a single access. In particular, it was found that the intersection of Palladium Drive and Silver Seven Road will operate with a volume to capacity ratio of 0.9 during the peak hour and will meet the City's transportation criteria. The Board found that a second access is unnecessary. The Board's decision was predicated on roadway modifications being undertaken and the implementation of a cost-sharing agreement between the area landowners. The required modifications affect Silver Seven Road, Frank Nighbor Place and the Palladium Drive/Silver Seven Road intersection. After these roadway modifications have been implemented, there will be adequate road capacity available to support all of the existing and proposed retail developments. Accordingly, retail uses are permitted at 720 Silver Seven Road under Policy 3.6.5(g).
Employment
in the Terry Fox Business Park
As
discussed previously, there is a minimum employment requirement of at least
2000 jobs in the Official Plan for each Employment Area. It is noted that the Department excludes
retail jobs from employment calculations for the purpose of meeting the
employment targets in Employment Areas.
According to the results of the 2006 Employment Survey, there were
2155 total jobs in the Terry Fox Business Park in 2006 including full-time
and part-time jobs. This figure
includes 542 total jobs at Home Depot and Costco, which are classified as
retail jobs. When the retail jobs are
excluded, there were 1613 non-retail jobs in the Business Park in 2006. Since the survey was conducted, buildings
for EMS Satcom at 400 Maple Grove Road and Smart Technologies at 501 Palladium
Drive have been occupied adding approximately 681 non-retail jobs. In total, it is estimated that there are
approximately 2294 non-retail jobs in the Business Park, which exceeds the
minimum employment requirement in the Official Plan. The proposed shopping centre development will also contribute to
employment in the Business Park through the addition of full-time and part-time
retail jobs.
Department
Store Use
In
2000, the Ontario Municipal Board redesignated the northern portion of the
Terry Fox Business Park to permit a limited range of retail uses including a
business park retail outlet, a retail warehouse, a large retail warehouse, and
a planned retail centre. This decision
was based in part on an Employment and Commercial Land Use Study prepared by
Malone Given Parsons Ltd. and FoTenn Consultants Inc. The study included an analysis of commercial land use needs,
which suggested that at least one and possibly two new department stores could
be warranted in Kanata in the future. The
study recommended that, given the importance of the Kanata Town Centre and its
role as a regional facility, it is important that the next new department store
be located in the "Regional Shopping Centre" (RSC) designation in the
Town Centre unless it cannot be accommodated for whatever reason.
Since
the Employment and Commercial Land Use Study was completed, development within
the RSC designation has expanded to a total floor area of over 86 000 square
metres. The northern RSC-1 designation
is occupied by the Kanata Centrum Shopping Centre including a Wal-Mart
department store and a Loblaws supermarket.
The southern RSC-2 designation has been developed with the Kanata
Entertainment Centrum, which includes an AMC cinema complex, Centrum Walk, and
a variety of retail and service commercial uses. A second department store cannot be accommodated within these
designations without redeveloping part of the existing shopping centre. Redevelopment opportunities would likely be
complicated due to existing lease commitments and typical lease restrictions
such as "no build" areas.
The
only large vacant parcels available in the Regional Shopping Centre are located
in the RSC‑3 designation on the south side of Kanata Avenue between Earl
Grey Drive and Lord Byng Way. The RSC-3
designation is intended to be a high-density employment area with the potential
for high-density residential uses and a limited amount of retail and service
uses on the ground floor. This
designation does not permit a department store use.
The
Employment and Commercial Land Use Study recommended that the Terry Fox
Business Park be developed for both employment and retail, with retail focused
on the Highway 417 frontage between Terry Fox Drive and the Carp River. Further, the planning strategy was to permit
large format retail uses on the Highway 417 frontage that are space extensive
and regionally oriented, but that would not compromise the Regional Shopping
Centre. The proposed department store
will not compromise the Regional Shopping Centre because this area has already
reached a sufficient size and tenant mix to firmly establish it as the dominant
regional shopping centre within the West Urban Area. The proposed shopping centre at 720 Silver Seven Road will
satisfy the demand for additional commercial space within the trade area that
cannot currently be fulfilled within the Regional Shopping Centre.
Department
stores generally attract customers from a large trade area, and the subject
property offers a regionally accessible location near the Highway 417 and Terry
Fox Drive interchange. The site is also
located near a Home Depot store and a Costco store, which are also regionally
oriented retailers that attract customers from large trade areas. The proposed department store will
complement the Home Depot and Costco stores and further establish this node as
a regionally oriented shopping destination.
Retail
Stores
The
applicant has proposed smaller retail store uses with a gross floor area of
less than 1858 square metres as a component of the shopping centre
development. Smaller retail uses are
typical of shopping centres and often depend on the customer traffic that is
initially generated by an anchor tenant or by the shopping centre as a
whole. The proposed Zoning By-law
amendment to allow a department store and smaller retail uses will facilitate a
broader retail mix for the shopping centre and improve product selection,
choice and convenience for customers.
Restaurant
Uses
A
restaurant use is currently permitted at 720 Silver Seven Road within the
portion of the site zoned "M1C-2(H)". The proposed zoning would allow a restaurant use to be located on
the portion of the site currently zoned "M1A".
It
would also expand the range of restaurant uses to permit a fast-food
restaurant, a full service restaurant and a take-out restaurant. The proposed zoning would permit these three
restaurant types without drive-through facilities. The requested restaurant uses are classified as service
commercial uses, which are specifically permitted in Employment Areas.
Compatibility
The
proposed shopping centre is compatible with existing and proposed development
in the area. In particular, it will have a similar built form to the existing
Costco and Home Depot developments on Frank Nighbor Place and Silver Seven
Road. There are no residential uses
located immediately abutting the site that would be adversely impacted by the
proposed shopping centre.
Details of Recommended Zoning
The proposed amendment will rezone the site from “M1A” (Light Industrial, Select) and “M1C‑2(H)” (Light Industrial, Mixed, Exception 2, Holding) zones to a new, site-specific “M1C‑XX(H)” (Light Industrial, Mixed, Exception XX, Holding) zone. The details of the new zone are contained in Document 2 and summarized below.
The proposed “M1C-XX(H)” zone will permit all of the uses allowed under the existing “M1A” and “M1C-2(H)” zones, and will add a department store, retail stores, fast-food restaurants, full service restaurants, take-out restaurants and a shopping centre as permitted uses. The proposed amendment will add definitions for a retail store and a shopping centre. New zoning provisions will be created for a department store, a planned retail centre, a retail store, a retail warehouse and a shopping centre including provisions for minimum yards, minimum required parking spaces, landscaping and maximum building height.
The Ontario Municipal Board has determined that the road network can support upwards of 65 000 square metres of retail and service commercial uses in the area bounded by Highway 417 to the north, Terry Fox Drive to the east, Palladium Drive to the south and the Carp River to the west, including 8175 square metres of retail uses at 720 Frank Nighbor Place, subject to the implementation of the roadway modifications described in the “Terry Fox Business Park Full Retail Buildout Traffic Impact and Roadway Modifications Report” prepared by Novatech Engineering Consultants Ltd. The proposed zoning will establish a maximum aggregate gross floor area of 8175 square metres for all retail and service commercial uses in accordance with this report.
The existing “M1C-2(H)” zoning restricts the density of retail warehouses and planned retail centres to a maximum gross floor area of 2298 square metres per development hectare. With the establishment of a maximum aggregate floor area of 8175 square metres for the shopping centre, there is no longer a need to regulate the density of these individual uses for traffic or market impact reasons. Therefore, the proposed zoning will delete the density provision.
The holding symbol that applies to the existing “M1C-2(H)” zone requires the submission of a traffic study, a market study, a site plan application and any other information that the City may require, prior to permitting retail warehouse uses. These conditions to lift the holding symbol are no longer relevant.
The Ontario Municipal Board has already accepted a traffic study supporting retail development on the site. A market study is no longer required because development in the Regional Shopping Centre designation exceeds a gross floor area of 50 000 square metres. A condition to submit a site plan application is unnecessary, as development of any of the permitted uses will require the submission and approval of a site plan application. Therefore, the Department recommends that the four conditions to permit a retail warehouse be deleted.
The Employment Area
policies only permit retail uses on the subject property if there is adequate
road capacity available. The Ontario
Municipal Board has identified the roadway modifications necessary to
accommodate all of the existing and proposed retail uses in the Terry Fox
Business Park. However, the
implementation details for the required roadway modifications remain
outstanding. It is recommended that a
holding symbol be used to ensure that the roadway modifications will be
implement prior to permitting any retail uses including a department store, a
planned retail centre, a retail store, a retail warehouse and a shopping
centre. The conditions to lift the
holding symbol will be as follows:
a) The detailed design for the roadway modifications described in Exhibit 61 to the Ontario Municipal Board hearing regarding 15 Frank Nighbor Place and 737 and 777 Silver Seven Road (OMB Case Nos. PL051066, PL060317 and PL060318) has been approved by the Director, Planning Branch;
b) All necessary road widenings to accommodate the roadway modifications identified in subclause (a) above have been conveyed to the City;
c) A registered cost sharing agreement to construct the roadway modifications identified in subclause (a) above has been entered into between the owners of 15 Frank Nighbor Place, 20 Frank Nighbor Place, 720 Silver Seven Road, 737 Silver Seven Road and 777 Silver Seven Road, and provided to the City;
d) An implementation plan including a construction schedule for the roadway modifications identified in subclause (a) above has been provided to the City; and
e) A performance deposit has been provided to the City for the roadway modifications identified in subclause (a) above.
f) Prior to the lifting of the holding symbol, the permitted uses shall exclude a department store, a planned retail centre, a retail store, a retail warehouse and a shopping centre.
Conclusions
The Employment Area policies in the Official Plan specifically allow retail uses on the subject property provided that adequate road capacity is available. The Ontario Municipal Board has determined that the existing road network can provide adequate road capacity subject to the implementation of roadway modifications on Frank Nighbor Place and Silver Seven Road and at the Palladium Drive/Silver Seven Road intersection. Service commercials uses such as restaurants are also permitted in Employment Areas. The recommendation is to rezone the subject property from “M1A” (Light Industrial, Select) and “M1C-2(H)” (Light Industrial, Mixed, Exception 2, Holding) to a new, site-specific “M1C-XX(H)” (Light Industrial, Mixed, Exception XX, Holding) zone. The proposed zone will permit all of the uses permitted in the “M1A” and “M1C-2(H)” zones and will add a department store, retail stores, fast-food restaurants, full service restaurants, take-out restaurants and a shopping centre as permitted uses.
In addition, the proposed zoning will include a holding symbol. New conditions to lift the holding symbol have been introduced to ensure that the required roadway modifications will be implemented prior to permitting a department store, a planned retail centre, a retail store, a retail warehouse and a shopping centre. The proposed shopping centre development complies with the applicable Official Plan policies, and will complement the existing Home Depot and Costco stores, and further establish this area as a regional shopping node.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The Ward Councillor is aware of this application and the staff recommendation. The City did not receive any negative comments or opposition to this application.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS
TIMELINE STATUS
The application was not processed by the
"On Time Decision Date" established for the processing of Zoning
By-law amendments. Additional time was
required to resolve the traffic issues associated with the application and to
clarify the list of permitted uses being requested by the applicant. The applicant also appealed the subject
application to the Ontario Municipal Board in April 2006.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Details
of Recommended Zoning
DISPOSITION
City Clerk’s Branch, Council and Committee
Services to notify the owner, PCM Kanata South Inc., c/o Cal Kirkpatrick,
Colonnade Development, 14 Colonnade Road, Suite 150, Ottawa, ON, K2E 7M6;
applicant, Nancy Meloshe 14 Colonnade Road, Suite 150, Ottawa, ON, K2E 7M6; OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5; and
Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail
Code: 26-76) of City Council’s
decision.
Planning, Transit and the Environment
Department to prepare the implementing by-law, forward to Legal Services Branch
and undertake the statutory notification.
Legal Services Branch to forward the
implementing by-law to City Council.
LOCATION MAP DOCUMENT
1
DETAILS OF
RECOMMENDED ZONING DOCUMENT
2
1. Schedule “A” of By-law Number 138-93 of the former City of Kanata is amended by rezoning the lands known municipally as 720 Silver Seven Road, and shown as Area “A” and Area “B” on Document 1 as follows:
a) Area “A” is rezoned from “M1A” (Light Industrial, Select) to “M1C-XX(H)” (Light Industrial, Mixed, Exception XX, Holding); and
b) Area “B” is rezoned from “M1C-2(H)” (Light Industrial, Mixed, Exception 2, Holding) to “M1C-XX(H)” (Light Industrial, Mixed, Exception XX, Holding).
2. Section 6.1 (Industrial Zone Provisions, Permitted Uses) of By-law Number 138-93 of the former City of Kanata shall be amended to add the following:
a) M1C-XX Zone
(i) On land zoned M1C-XX, all of the provisions of the “M1C” zone shall apply except for those contrary to the following:
1.
Permitted Uses:
-All permitted uses in the M1A Zone;
-All permitted uses in the M1C Zone;
-Automobile Related Retail Uses;
-Automobile Rental Establishments;
-Automobile Sales Dealership;
-Department Store;
-Planned Retail Centre;
-Retail Store;
-Restaurant, Fast-Food, with no drive through facility;
-Restaurant, Full Service, with no drive through facility;
-Restaurant, Take-Out, with no drive through facility;
-Retail Warehouse; and
-Shopping Centre.
2. All permitted uses in the M1C-XX Zone must employ concealed or enclosed storage.
3. Automobile Related Retail Uses cannot exceed 25% of the total land area within the M1C-XX Zone, and cannot be located abutting Highway 417.
4. "Retail Store" means a building or structure or part thereof where consumer goods are displayed for sale or rent, or sold directly to the public for the purchaser's own use, and includes a garden centre and a home sales display court.
5. “Shopping Centre” means one or more buildings designed, developed and managed as a unit primarily for commercial uses and having the required off-street parking provided on the same lot.
6. Notwithstanding Subsections 6.2 and 6.4, the following provisions shall apply to a Department Store, a Planned Retail Centre, a Retail Store, a Retail Warehouse, and a Shopping Centre:
a. Minimum Lot Area: 0.81 hectares
b. Maximum Allowable Coverage: 45% of the total lot area
c. Minimum Lot Frontage: 45.0 metres
d. Minimum Front Yard: 3.0 metres
e. Minimum Exterior Side Yard: 3.0 metres
f. Minimum Interior Side Yard: 7.5 metres
g. Minimum Rear Yard: 7.5 metres
h. Maximum Building Height: 11.0 metres
i. A strip of landscaped open space with a minimum width of 6.0 metres shall be provided between any parking spaces or paved area and the lot lines adjacent to Highway 417, Terry Fox Drive and Silver Seven Road. Notwithstanding the foregoing, access or fire lanes may be permitted to cross said landscape strip, but shall not be permitted to run along the length of the landscape strip.
j. A landscape strip with a minimum width of 4.5 metres must be provided between any parking spaces or paved area and the portion of the northerly interior side lot line that coincides with the boundary between Lots 1 and Lot 2 in Concession 2 in the Geographic Township of March. Notwithstanding the foregoing, access or fire lanes may be permitted to cross said landscape strip, but shall not be permitted to run along the length of the landscape strip.
k. The parking rate for a Department Store, a Planned Retail Centre, a Retail Store, a Retail Warehouse and a Shopping Centre shall be a minimum of 1 parking space per 20 square metres of gross floor area.
7. On lands zoned “M1C-XX”, the maximum aggregate gross floor area is 8,175 square metres for all retail and service commercial uses including, but not limited to Business Park Retail Outlet; Home Renovation Centre; Department Store; Planned Retail Centre; Restaurant; Restaurant, Fast-Food; Restaurant, Full Service; Restaurant, Take-Out; Retail Store; Retail Warehouse and Shopping Centre uses.
8. Notwithstanding Subsection 5.10, Special Minimum Setback Requirements, all buildings and/or structures must be located at least 14 m from the edge of the Highway 417 road allowance.
9. For the lands zoned “M1C-XX” that are subject to holding provisions denoted by the holding (H) symbol identified on Schedule “A”, the holding symbol may only be lifted when the following conditions have been fulfilled to the satisfaction of the Director, Planning Branch:
a. The detailed design for the roadway modifications described in Exhibit 61 to the Ontario Municipal Board hearing regarding 15 Frank Nighbor Place and 737 and 777 Silver Seven Road has been approved by the City (Ontario Municipal Board Case Nos. PL051066, PL060317 and PL060318);
b. All necessary road widenings to accommodate the roadway modifications identified in subclause 7(a) above have been conveyed to the City;
c. A registered cost sharing agreement to construct the roadway modifications identified in subclause 7(a) above has been entered into between the owners of 15 Frank Nighbor Place, 20 Frank Nighbor Place, 720 Silver Seven Road, 737 Silver Seven Road and 777 Silver Seven Road and provided to the City;
d. An implementation plan including a construction schedule for the roadway modifications identified in subclause 7(a) above has been provided to the City;
e. A performance deposit has been provided to the City for the roadway modifications identified in subclause 7(a) above; and
f. Prior to the lifting of the holding (H) symbol, a Department Store, a Planned Retail Centre, a Retail Store, a Retail Warehouse and a Shopping Centre are excluded from the list of permitted uses in the “M1C-XX” zone.