MPS - DEVELOPERS' ECONOMIC WOES AND PLANNING DECISIONS

In two recent cases, and one soon to go before the Town Council, developers’ financial interests have been raised in the course of considering their proposals.

In the case of the Segado development on Willow Avenue and Railtown, the public raised concerns about the size of the projects, and in both cases each developer replied that it was not economically feasible for a smaller building to be constructed.

In the case of Woodman Grove, the development presently under construction on the east end of town, the developer has requested an amendment to the development agreement it entered into with the Town. One of the three reasons the Planning Staff report provides to support approval of the proposed amendment is that it will be to the developers financial benefit. (This matter is scheduled to be decided at the next Council meeting on March 24th.)

There is nothing in the Town’s Municipal Planning Strategy (“MPS”) or the Province’s Municipal Government Act that says a developer’s economic well-being, his profit margin, should be considered when deciding whether or not to approve a project. And nor should it be. If a developer can’t fully abide by the policies established by the Town and make a profit, then the developer should either go somewhere else, or try to have policies changed. There should be no sliding scale when it comes to obeying the Town’s policies and guidelines.

In the cases of Railtown and the Segado developments there is no way of knowing whether or not the projects were approved, even in part, because of the developers’ economic pleas.

To deal with this recurring problem, I have two suggestions for the new MPS.

First, the MPS should include a policy which states, in one form or another, that that the financial concerns of a developer are not a factor the Town should consider when deciding whether to approve a development.

Second, to the extent it has the legal authority to do so, the Town should adopt a policy in the new MPS requiring the PAC to provide a written statement of facts and reasons which serve as the bases for its decisions.