Opponents of the Kingsway Entertainment District brought out some of their bigger guns Wednesday, with a prominent economist and lawyer taking the podium to denounce the city's plans to move the arena out of downtown.
But even with strong words from Gordon Petch of Municipal Law Chambers, and Rowan Faludi of urbanMetrics, the planning committee approved the arena rezoning, as well as the rezoning to allow the parking lot.
Wednesday's 5 1/2 hour meeting actually drew far fewer people than Monday, when the committee approved an Official Plan amendment to allow the casino to proceed. But those in attendance Monday spoke at length, with only a very few speaking in favour.
Faludi, whose firm recently completed a report for the casinofreesudbury.com group opposing the Kingsway plan, said he has a long history with Sudbury and is sad to see the city go in this direction.
“I see the amazing things Sudbury has accomplished and what it has become,” he said. “As an economist,” he can't see why you want to build a casino-arena development outside of downtown.
“It does not make economic sense.”
He said cities that neglect their downtowns regret it in the long run. In this case, the city hasn't done an analysis of what impact the Kingsway Entertainment District (KED) will have on downtown, Faludi said. It's bound to cost the area jobs, he said, while increasing municipal costs by putting new infrastructure on The Kingsway.
“The Kingsway Entertainment District will not only remove jobs downtown, but will compete for the jobs that are remaining,” he said.
He said the PWC analysis completed on the project didn't look at job losses if the arena moved out of downtown. While parking was a big issue in the PWC report, Faludi said these days, cities are intentionally building arenas away from parking to encourage people to explore the area.
He also questioned the wisdom of building the convention centre and public arena in different parts of town.
Petch said he can't believe the city is going ahead with the project without studying the impacts first. He said cities must conform to the provincial policy statement on prioritizing the health of their downtowns.
“There are considerable errors of law have been made here,” Petch said. “We want you to comply with the law.”
With retail having moved to suburban malls, as well as online, downtowns are reliant on the entertainment industry to survive.
“There's no more retail anchors left, except for one: entertainment,” he said. “You haven't even considered the social impacts on your downtown.”
He said it would be easier for everyone if councillors changed course voluntarily, rather than when the approvals are appealed and the city loses.
Planning committee chair Deb McIntosh – the lone councillor to vote against the rezoning – asked planning director Jason Ferrigan what the legal status of the Downtown Master Plan is when it comes to the KED.
Ferrigan said the city's new Official Plan, which will include the Downtown Master Plan, has not yet been approved. That means planning is still governed by the 2006 version of the OP, which doesn't include the downtown plan.
“So those amendments (for the downtown plan) are not in effect,” he said.
Ferrigan also explained why the city doesn't have to complete an economic impact analysis for the project to proceed. While the planning department does look at financial implications, those are restricted to what a project will bring in in new revenue, versus what thecity will have to spend, for example, on maintaining any new infrastructure.
Since 1987, however, city policy has been not to base decisions on whether one new business will be too much competition for a new business coming in. In other words, the policy is to let businesses compete against one another and let market forces determine who succeeds.
Senior planner Alex Singbush discussed why staff was recommending approval of the application. That area of Minnow Lake is approved for about 1,300 units of residential development, which would bring the population of the area up to around 12,000. The area is slated to develop as a residential area with some commercial uses.
“Lands to the west are approved for additional industrial growth, which will connect the site to the established commercial and industrial corridor around the Third Street area,” Singbush said.
“The location of the proposed development is appropriate. The site is situated within the community of Sudbury and will reinforce its role as the regional service centre for Greater Sudbury and northeastern Ontario.
“The site is also located within the city’s settlement area and is adjacent to existing and planned development. The application would improve the mix of land uses in this area, consistent with the long term vision for this area to grow as a mixed residential and employment neighbourhood.”
In response to concerns about salt in the parking lot, Mike Jensen, supervisor with the city's water department, said a risk management plan is in place, and the parking lot grading will be geared toward minimizing salt usage.
There are also plans to use pickled sand – which is 95 per cent sand, five per cent salt – instead of pure salt. A storm water management pond is already approved in a low elevation area, and will be subject to annual testing.
Jensen said samples will be taken from the pond and normally test for oil and grease, but salt levels could be included in the testing.
Other steps to mitigate salt risk include plans to encourage transit use rather than cars, not storing large amounts of road salt on site and sweeping the parking lot each spring.
Several speakers Wednesday also spoke at Monday's casino meeting, but there were some new faces. John Caruso, one of the people behind the downtown Synergy Centre Project, said linking an arena and casino “is offensive to me.”
“I will not take my grandchildren to an arena that is linked to a gambling emporium,” Caruso said. “Arena patrons will not be taking their kids for lunch at an arena linked to a casino.”
If council is determined to build the arena outside downtown, he pleaded with them not to twin it with the casino.
“Is this the legacy you want to be remembered by?”
Jeff MacIntyre, of the downtown BIA, said the Kingsway location is zoned industrial and would be a good area to develop to support the proposed smelter in Coniston. But not to host the arena.
He also questioned why such a massive project was being approved at lightning speed, when they haven't even been able to get the Downtown Master Plan into the OP after years and years of work.
“How could something that important be delayed for so long, but an investment of $100 million is being” approved so quickly, he asked. “We're moving too fast on this. We're putting up a casino in a way we can't attract tourists.”
MacIntyre also acknowledged how stressful the process must be for staff and councillors, who regularly get an earful from the public.
“This has not been easy,” acknowledged McIntosh, who praised planning staff for their professionalism.
After Wednesday's vote, the decisions must still be ratified by city council at their April 10 meeting. Appeals of all three decisions is all but certain, and will present an early test for the province's new Local Planning Appeals Tribunals, which come into effect April 3.
