At the December 6th Council meeting, Richard Weldon of Romspen, an experienced Toronto developer, made a presentation requesting Council support for a Minister’s Zoning Order (MZO) for a revitalization project in and around Kawartha Downs Raceway and Shorelines Slots location.
The land included in the proposal consists of three properties totalling 267.24 acres bordering on County Rd. 28 and Moore Drive in Cavan-Monaghan.
Among the many features of this ambitious plan are a hotel, an outdoor concert and entertainment amphitheatre, a soccer field, a multi-purpose indoor concert facility and indoor sports facility, a Southern Ontario Agriculture Fairgrounds. In short, the proposal involves the revitalization of the race track and casino location into a year-round, multi-use commercial entertainment facility. Also included is a residential development of 588 new units with a mix of detached, semi-detached and townhouses.
It’s no secret the township is eager to secure jobs, and Weldon indicated that the commercial development- the job creating component- would happen first. He also made it clear that the commercial part of the proposal was dependent upon approval for the residential development, which is the more lucrative component of the proposal.
In order to get the project moving quickly, the proposal requested the township rely on an expedited planning mechanism called a Minister’s Zoning Order (MZO). This tool is normally used in emergencies or to quickly advance a major initiative of “provincial significance”. Such was the case when one was issued to expedite the construction of a new grocery store in Elliot Lake after the only other store collapsed or to address water quality in Lake Simcoe. The tool expedites development by eliminating the requirement for a comprehensive local land use review process, and can be applied even when the proposal overrules a municipal zoning by-law. They cannot be appealed.
Historically MZO’s were used once a year. The current government has come under fire for using this tool more frequently, having issued 57 orders in the last four years. The government has defended its use of the expedited development approval process, arguing it helps create jobs and affordable housing.
MZO’s were the target of criticism from Ontario Auditor General Bonnie Lysyk in her 2021 report, in which she concluded that their unprecedented use compounded with numerous changes to Growth Plan policies had created instability in the planning process. She also indicated that the lack of formal processes, consistent evaluation criteria and transparency in the MZO process opened it to criticisms of unfairness.
The Fraserville project proponents indicate that despite their request for an expedited planning process, they intend to complete the studies normally required for planning approvals, and many were provided with their presentation. Servicing the development will be the responsibility of the developer, and the plan is to extend new services up to the Airport lands. The municipality would ultimately have to assume responsibility for water services after they are established.
The next step in the process is a formal request by the township to the Minister of Municipal Affairs and Housing. The Minister has expressed enthusiasm for other MZO approvals which he believes help to increase the housing supply quickly.
Any proposal that creates local jobs and leads to a revitalized, sustainable commercial enterprise at Kawartha Downs has considerable merit. If history offers any lessons in this situation, perhaps water will ultimately provide the biggest challenge to this proposal as it did in 2009 when a development plan for the same location was rejected. This project doesn’t divert water from Millbrook like the 2009 proposal, but will draw from a watershed upon which a growing population relies. Plans for effective watershed management and protection will likely be key to a successful project. KG