Wal-Mart: A case for deferral

In discussing and reflecting on the proposed expansion at 0 Woodlawn Road, I have come to the conclusion that the decision regarding this matter will have potentially far-reaching implications for both the City and developer, well beyond the specific zoning change which is on the table.

This expansion proposal is one of the first major development applications to come forward under OPA #29, the Commercial Policy Review. How Council handles this particular application will set a standard of expectations for developers who will bring forward applications for the other nodes. By the time OPA #29 is built out, some 2,000,000 square feet of commercial development will have been added to the City.

I see Council at a crossroads in this situation

Will Council take control of how commercial development unfolds in the City through the phasing policies of the Provincial Policy Statement, or will the pattern and timing of commercial development be decided by the “supply and demand of the market” and the agendas of the developers involved?

Will Council enforce the minimum density targets laid out in Places to Grow and demand more efficient, compact and diverse development at the major commercial nodes, or will it simply be business as usual as everyone turns a blind eye to the Growth Plan and it remains a set of lofty ideals in written form only?

The decision you make on this application will set a precedent for how the remainder of Commercial Development under OPA #29 unfolds in the Guelph. It will not be unreasonable for other developers to expect the same set of standards you apply to 6 & 7 Developments.

At the same time, everyone recognizes that turning down the application will automatically result in an appeal to the OMB. That is simply how 6 & 7 does business. This option is both expensive and potentially politically unpopular.

The implications of your decision for 6 & 7 Developments and other developers for that matter are also far reaching. An appeal of a “No” decision to the OMB will not simply be about this zoning application, but a challenge to the Provincial Legislation itself. If the policies of the PPS and the Growth Plan are truly brought to bear on new commercial developments, it will permanently change the face and form of commercial development across the whole Province. The stated goals of the Growth Plan were to curb sprawl and to use land more efficiently. Big box stores in huge surface parking lots cannot by their very form deliver the minimum 50 jobs/residents per hectare density targets laid out in the Places to Grow Growth Plan. If municipalities have the courage to enforce these policies, the days of this kind of development are over.

Given the high stakes in this matter, I believe it is crucial that Council move forward with all questions answered and a full understanding of the implications of either a “Yes” or “No” vote. It is my assessment that this cannot happen under the present time constraints. The agenda package was sent out on Thursday, July 3rd. It contains not only a 76 page report on the 6 & 7 application, but two other planning matters for consideration.

The 6 & 7 application itself is extremely complex. Just a few of the facets to consider are phasing, density, intensification with the addition of residential, minimum store size, design, compliance with the Community Energy Plan, compliance with Transportation Demand Management needs, cemetery mitigation and traffic. In my reading of the Staff Report so far, it raises more questions than it answers.

I believe that Council would benefit from a second professional opinion on some of these issues from RSD’s planner. He was not available at this short notice.

The costs of deferral will be minimal, basically the outlay to reissue notification in another newspaper advertisement and mailing. Balanced against the costs of a potential OMB hearing, this will be a small sum to get it right.

I would respectfully ask that Council receive the staff report, hear the delegations, pose questions for areas needing further clarification and then vote to defer the matter to a date which could include both written and verbal comments from RSD’s planner.     SW