Chapter 2 - The Unexpected "Anti Local-Business" Design of Malls and Stripmalls

Recently I encountered a Meme on Facebook - I know that Facebook is a place full of off-handed comments, and not all need responding too, but I just wanted to share my point of view on that Meme. I too share its opinion, which is that we need more fresh produce stalls and fewer McDonalds. I have attached a thumbnail of the post:


What I want to highlight though, is that the Meme seems to imply that it is consumer behaviour and large corporate entities that are completely at fault for the abundance of McDonalds et al. What I would like to like to highlight is the governmental regulation that prevents, at the very least, competition on a level playing field. While the government authorities who regulate food systems are numerous, complicated and many, with different jurisdictions, I will highlight most the City of Kamloops regulations that are enforced through either interpretation of code, local bylaws and zoning. I am not always sure if people make the bridge from how zoning and bylaws affect the future they wish to see – like a future where small, local, start-ups can compete against large corporate McDonalds.

Capital – and Rent – are in my view the two largest barriers to entry for a new business, like a farm stall, small bakery, soap maker, etc.

If you want to get started as an entrepreneur, your first battles to overcome are usually those of capital. The money you need to get started. The larger the space you rent, the more it will cost. I think that it is self evident that this statement is true. Therefore, the converse should also be accepted as true, that small spaces cost less. So, if you want to find a small space to get started and spend the least on start-up, you need to find a small space. Smaller space is fewer walls to paint, less shelving or tables and chairs to buy - just less expensive.

Of course, government subsidy could pay the costs for a start-up that align with the government’s goals, but like all non-profit social services, those start-ups will be forever dependent upon politics and subsidy, they won’t compete in a natural way, and thusly will not be sustainable without the government support. Thankfully, given the right circumstances and opportunity though, they should not need the support.

Most small spaces will be found in older neighbourhoods, basically Downtown and Tranquille. Nearly all development outside of these two areas are Stripmalls, all built with large floor plates. Stripmalls have a second challenge for small local retailers, and that is the landlord. Most malls/stripmalls are owned by large corporations – either Real Estate Investment Trusts managed by staff and boards of directors in large cities, or simply large corporate entities also staffed by managers in large cities. These types of landlords do not necessarily have high rents, but they like strong, dependable tenants. Which for them means other large corporate tenants, franchises, particularly lucrative professions like dentists or pharmacies. Liquor stores are about the only exceptions to the rule. Anecdotally, someone looking to make a neighbourhood cafe in Orchards Walk recently was told by the landlord: we only want Tim Hortons, McCafe or Starbucks.

As you travel around Kamloops you will see this rule generally repeated, malls generally have empty spaces or large tenants, rather than gambling on small tenants. One look at half empty malls like Sahali, Lansdowne Village or Northhills exhibit this rule. But the landlords are not all to blame.

The other problem with malls, strip or otherwise, from the lens of the small business, is that success in a mall depends on marketing: Marketing is needed in order to attract customers to both know of you in the first place, know what you offer and how to find you. Without national marketing dollars, this is really hard to achieve. While walking Victoria Street, window displays will show what is inside, and the name of your business hardly matters – if it looks good to someone, they just walk on in. Conversely no one just happens by a store front in a stripmall to see what is inside. For this reason, stripmalls rarely have windows at all – and if they do, posters with the largest possible writing in order to be seen by a speeding car or person a hundred meters across the parking lot fills the windows rather than a display of the things sold inside.

Victoria Street:


  Strip Mall:



What does this mean?  Malls are hostile and challenging places for local businesses generally and essentially impossible for fledgling entrepreneurs with little to no capital, credit, references or experience. Some local shops do succeed in Stripmalls, but the cases are rare and unique, not the rule.

What I want to highlight is how our own City of Kamloops Bylaws and Codes make building stripmalls easy and cheap to build – while the type of small retailer described in the Meme, and the sort of building required to house them is difficult and prohibitively expensive to create. Indeed, our Official Community Plans dating right back to 1990 explicitly concur that we should be building small, incremental, infill, mixed use, walkable commercial districts – instead we continue to create new stripmalls – while infill remains at best problematic and expensive – and in general illegal.

Check out the Cover Page of the 1990 OCP. Ironic is it not, that in the 31 years since we identified this street scene as desirable, we made it more and more illegal, and at the same time built more new Strip Mall Square Footage than existed in the 40 post war years before 1990?



As a further irony, the City re-used this same image as the Cover Page for the 1997 OCP as well.

Let me demonstrate. Each of the follow criteria are the phrasing in the zoning code for any of the zones in town, residential or commercial, regardless of where they are;

·           Minimum Lot Size, Maximum Lot Coverage, Minimum Set Backs, Maximum Heights, Maximum   Floor Area Ratios, Minimum Parking Requirements, Allowed Uses, Minimum Lane Widths

Here is a short list of what I believe to be a series of successful local businesses in town; 

Peters Pasta, Brownstone Restaurant, The Noble Pig, Hello Toast, Red Beard CafĂ©, Castles and Cottages, Far and Wide, Kennels Shoes, McAllister and Howard, Fratellis, Motivo, Minos, Dorians, Sorrissos…

All of these businesses are in buildings which were built before Kamloops had any zoning ordinances of any kind. All of them have setbacks of ZERO – indicating that perhaps a minimum distance from the street does not better business make.

All of these buildings cover nearly all of their lots. While these buildings are all of different heights from just a single story to many – that aspect of their construction was never regulated in their time. The maximum height was set by the viability of the project and the capital and risk of their builders/landlords. Like the businesses within the buildings, the builder and landlords themselves could be small businesses, financing the size of building that they could afford. In the case of a business like Hello Toast, the humble building is a simple, rectangular, single story box containing only two businesses. The original landlord of this building built a simple, rentable building at a small local scale.

 





Next, Parking Minimums have one of the most profound effects on what gets built on a lot, stripmall vs. pedestrian oriented, start-up-friendly building. For example, a business pays to rent and maintain parking that does not directly produce revenue for the business. Businesses like the Noble Pig, one of the largest and most successful restaurants in the City has no parking for customers or staff – and in the meantime boarded up (before Covid even arrived) restaurants like Montana’s, Milestones, Tony Roma’s and others, continue to sit vacant surrounded by seas of parking. Moving the parking underground drives the cost from a few thousand dollars per stall, to many tens of thousands per stall, likely more than was spent on opening the business itself – so parking underneath does not start-up business make.

On top of the private costs of parking to businesses, these seas of parking also have public costs. They generate storm run off for our sewers, heat islands of asphalt, highway sized lamp posts obscuring the stars with monolithic light pollution, expensive signalized intersections on broad, high-speed arterial streets, which actually carry few vehicles per hour than Tranquille, at slower average speeds, generating pollutions and direct maintenance expenses for the City. Just a single set of signals costs $500,000.

Not to mention, all that parking depresses those properties tax value in comparison to urban – pre-zoning properties. Commercial properties are valued on what they can generate for rent. For example, while the stripmall at 1055 Hillside Drives contains multiple vacant store fronts including Montanas, few, if any, local investors or landlords can afford its $45,074,000 price tag, and it pays tax on just $576 per Sq. M.

Meanwhile the Noble Pig and its attached medium-market motel are owned locally, at an assessed value of $6,529,000 paying tax of $1,086 / Sq. M – and Hello Toast is a measly $450,500 to buy in and pays tax of $1,196 / Sq. M.

Buildings like Red Beard, Hello Toast, and all the businesses mentioned earlier are not just locally owned business, and owned by local landlords – they also pay roughly twice the amount of tax, on streets that cost a fraction as much to the public purse. For a North Shore comparison – Lotus Inn - $1,309 / Sq. M.

So what needs to change in commercial areas in order to actually start achieving the goals of the 1990 and subsequent OCPs? Let’s Look back at the earlier list:

·         Minimum Lot Size, Maximum Lot Coverage, Minimum Set Backs, Maximum Heights, Maximum Floor Area Ratios, Minimum Parking Requirements, Allowed Uses, Minimum Lane Width, Minimum Distance between Intersections

The first step is to delete every single one of these lines. If someone can convince someone else to subdivide their lot into a tiny little parcel, you get a building like The North Shore Barbers at 241 Tranquille, which is illegal by all current zoning laws. So why a minimum lot size? Servicing the lot is paid as a user fee, and the intensity of the development pays a higher tax rate than strip malls. Its an economic win for the City and small opportunity for the small vendor in your Meme. With an assessed value of just $71,900 this is a low rung on the entrepreneurial ladder – and pays tax of $1,207 per Sq. M.

 



Parking Minimums? Leave it to the landlords and developers. Joshua Knaak of Arpa Investments would be the first person to tell you he couldn’t sell every Condo in one of his buildings without parking – but he doesn’t need the City mandated 1.8 stalls per unit required. Probably somewhere closer to 0.8-1.1. But that should be for the developer to decide. Downtown you might need even less parking, in Orchards Walk, probably more - but I think that the builder selling the unit, taking the risk, is going to make the safest investment for themselves. 

When it comes to viability of local restaurants, capacity is not determined by Fire or Building Codes – it is determined by Parking Stalls. In infill situations like the North Shore, many restaurants could easily increase their seating (revenue) but are not allowed based on parking stalls – in the most residentially dense and walkable area of our City – its parking that determines our Occupant Load. As people try to renovate buildings on the North Shore to spruce them up, they are rarely able to navigate these issues, so instead just let them continue to decay, because after all, currently they are “legally non-conforming”. 

Personally, if we really wanted to be successful in producing fantastic, small, business friendly environments, we would follow the lead of nearly every other developed country in the world, like Japan, China, Taiwan, Singapore, England, Scotland, Ireland, Norway, Denmark, Germany, Austria, Italy, Spain………. And instead flip to Maximum Lot Size, Minimum Lot Coverage, Maximum Parking Stalls.

That is never going to happen in North America in my lifetime. But in the meantime, lets make it easier for small local developers, builders, would be artisans, retailers, greengrocers, butchers and heck, candlestick makers to get their foot in the door by removing all the things that make the very design charettes that the City routinely holds up as examples of how we wish to live – instead of making those Charette dreams in actuality, illegal to build.

Above; 2004 OCP “Visioning 2020” – what we want for our future, was illegal to build then, and is even more illegal to build now.

Below: 2020 North Shore Neighbourhood Design Charette generated through a public input process lasting the last 3 years. Still illegal to build – narrow roads, no parking, no set back, above height limits, over floor area ratios…



Plus, with small projects, you are hardly likely to get white elephants like Mission Hill sitting above Summit half finished for most of a decade. Big bets do not mean prosperity or opportunity, or assured success. Empty malls like Sahali and Northhills are just line items on corporate balance sheets which are both tax roll, walkability and vibrancy deserts – all counter to serving what our OCPs prescribe. A final illustration borrowed from a past blog post:


Columbia Place, in my opinion the cities MOST successful stripmall, with its literal acres of parking, would struggle to find local ownership with its assessed values of $81,169,000. It houses just 65 Businesses. In comparison the 300 block of Victoria Street, occupying 1/8th the space, houses a similar number of businesses, with the addition of some residences and College.



All of these high values, walkable, businesses owned by local landlords, filled with local businesses, all do not conform to the modern-day zoning codes. Those codes make it either too expensive, or just completely not possible to build. While dozens of cities from Portland, to Sacremento, to Edmonton have started the process to rid themselves of these aspects of their zoning codes that are running contrary to our goals of local business, food security and car independency – the following video sums all this up quite nicely into a minute and a half. Since this time, Ottowa has eliminated Parking Requirements, but it is yet to be seen what the next decade will bring for the City.

 

So, in summary, my feelings are we need to:

·         Eliminate Parking Requirements in every area of the City so that landlords big and small can start making market and demand-based decisions around their parking supply

o   No parking requirement means small buildings on small lots are legal and viable

o   No parking requirement means that infill developments like the Hive, Station, Huston Place, etc. are able to be designed around people rather than cars

o   No parking requirement does not mean that no one will building parking, they will only build as much as they need or desire

·         Eliminate Lot Coverage and Setbacks in all Urban Zones (Downtown, East End, McDonald Park, Tranquille Market, John Tod, etc.)

·         Eliminate Minimum Lot Size

·         Relax Land Use regulations to make small, local, neighbourhood friendly uses legal, by-right, in more areas, especially existing Mixed Use one like Tranquille

o   Remember, the success of little small neighbourhood businesses are successful because of their neighbourhood. Consider when folks complain about “people” speeding through their neighbourhood, in fact, those people are themselves. From their own area.

o   If someone opens a small shop in a residential area, the people who are going to make that shop busy are the very people who live in the area. Unlike large chain stores where people drive from all over to fill the parking lots on major arterial roads. Little shops on quiet residential corners with 15 seats, generate walking traffic of 15 people from the area. Not thousands of people from all over the city. And further, that little neighbourhood shop owner – they live right in your neighbourhood too, and their kids play soccer with yours.




By Mitchell Forgie - mitchforgie@gmail.com


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