Leslieville Wins OMB Ruling vs. Wal-Mart. Why Not Here?

OMB rejects big-box plans in Leslieville

Plans for a $220 million retail "power centre'' south of Eastern Ave. in Leslieville have been turned down by the Ontario Municipal Board, a decision that has city officials celebrating.

"This is a total victory for the city of Toronto," city lawyer Brendan O'Callaghan said yesterday.

"It's not every day that we're that happy with an OMB decision," exulted Paula Fletcher, the councillor for the area.

No kidding.

The property in question, in the heart of burgeoning Toronto' film district on what used to be the site of Toronto Film Studios, has been the subject of furious debate ever since Smart!Centres bought it and proposed a Big Box retail development. Local residents howled, local councillors took up the cause, and the OMB actually listened. Because any idiot could see that it was a bad idea.

In a 55-page ruling, OMB vice-chair James McKenzie sided with the city's experts, who in effect said the SmartCentres/Toronto Film Studio application didn't constitute good land use planning and would probably "destabilize" the designated employment district south of Eastern Ave.

Professional planning consultants and real estate advisers the city hired as experts had warned the OMB hearing that the application risked causing "retail contagion" in the area. Allowing the large centre would make it easier for subsequent retail applicants to get a foothold, argued real estate expert Jeffery Climans.

This would rapidly bid up the market value of the industrial and commercial properties in the district, leading to lease terminations and limiting the ability of existing businesses to renew their leases, Climans said. That would result in a general disruption of the area's business fabric.

Sound familiar? Contrast that with the attitude of Our Lord Mayor in this 2007 Toronto Star article on the demise of Milton's downtown core:

Mayor Gordon Krantz, a former small business owner, sees the downtown decline as a simple by-product of capitalism.

"Businesses locating on the outskirts could locate right downtown if they wanted – but they don't," he said. "That's called free enterprise.

"So businesses have to adapt. You have to continuously reinvent yourself. You can't survive on sentiment and emotions, that's for sure. It might sound hard-hearted, but that's the hard reality of it."

I will never, ever understand the affection people in this town seem to have for Gordon Krantz. I'm sure he's a nice guy and all, and maybe he did good things for Milton in years past. But whether it's greed, hubris or encroaching senility, his words and actions over the past ten years have been short-sighted, ill-informed, and ultimately destructive to this town and our way of life.

Time to retire, Gord.

John Ralston Saul on the OMB and Municipal Impotence

I've been reading 'A Fair Country' by John Ralston Saul, an extraordinary book that is starting to produce a seismic shift in my perceptions on a whole range of issues. I plan to write a great deal about this book and its implications on my various blogs in the coming weeks, but this one passage caught my eye as being particularly relevant to the denizens of Sprawlville.

... the core of the problem has been the willingness of political parties and property developers to combine their interests, as if the cities were not real places. Toronto has suffered most. In urban affairs columnist Christopher Hume's words, it is "a city of vast private wealth, and civic impoverishment." While London is announcing a new $33-billion rail link across the city and Madrid is building "tens of kilometres of subway", Toronto is cobbling together a few bus lines and can't even build a rail link to the biggest airport in Canada.

If you were to look for an example of the heart of the Toronto problem, I would point to the Ontario Municipal Board (OMB), a body of developer-friendly provincial appointees. Their power to overrule the city's planners has made it impossible to develop any physical strategy for the city. Instead, the largest metropolis in Canada is held hostage by the unpleasant relationship between developer influence and provincial political parties. The city's official plan may set building heights at fifteen stories on a street. The developer simply comes in and says he wants sixty. The city knows the OMB will back him. So after an expensive fight, they settle for fifty-five and even then the OMB may insist on sixty. And, if the complainant is a citizen body of volunteers, the OMB may insist that they pay the costs, just to teach them a lesson for trying to interfere.

Now, take that situation and magnify it tenfold and you have some idea of the situation in Canada's fastest growing municipality. A few examples:

- Town Council approves a condo development, not because they support it, but because they know the OMB will make it happen regardless.

- The appeals court upholds an OMB ruling against the Ministry of Natural Resources and Halton Region's efforts to prevent a Campbellville quarry from potentially contaminating Escarpment groundwater with imported fill. The MNR and the Region also have to foot the bill.

The issue was briefly discussed at the Region's planning and public works committee meeting Wednesday by Halton Hills Mayor Rick Bonnette.

He said he's glad the Region is pursuing an appeal of the premium fee and went on to express his displeasure with the OMB's decisions.

"We're trying to protect our well water and not only do we get criticized by the board, we get slapped with a $60,000 premium in costs," he said. "That really ticks me off."

- A citizen's objections to new developments at the foot of the Escarpment are dismissed by town councillors on the basis of how much it would cost the town to fight them at the OMB.

The list goes on and on.

In that last article, one councillor asks the citizen why he didn't voice his objections when the Town was first holding public consultations on the proposed development. One wonders what the point of that would be, given that between the OMB and the province's 'Places to Grow' plan, the Town of Milton claims to have no control whatsoever over the size, the placement, or the design of housing developments in this town.

I don't show up at those meetings either because I know they will say exactly what they have always said: "We appreciate your input, but it's out of our hands. What can we do?"

In the words of J.R. Saul:

The argument of a colonial elite is always about control and domination. It always insists that choices are limited, that the pie is of a fixed size. Less is power. More is anarchy.

The result is a local council that views itself as impotent, and therefore is. So why would anyone want to talk to them?