Agreement with Canadian Tire appears contrary to Official Community Plan
City administration appears to have inadvertently made the case that the agreement to sell property to Canadian Tire is contrary to Moose Jaw’s Official Community Plan (OCP).
A report was presented to city council during its Jan. 27 regular meeting asking for direction to rezone and subdivide part of 250 Thatcher Drive East. The property would be rezoned to C3 vehicle-oriented commercial district from CS community service/institutional district to facilitate the sale to, and development of part of the parcel by, Canadian Tire Real Estate Limited.
In the report, sections of the OCP were quoted that show how this sale aligns with the plan. Specifically, section 5.2.3 says the objectives for the downtown are that:
• The city supports and maintains the concept of promoting the downtown as the primary business, office, retail, cultural and administrative centre of the city and the region. The long-term viability of retail and commercial activity in the downtown will be a primary factor in the evaluation of major retail and commercial development proposals throughout the city
• In order to facilitate appropriate evaluation of retail and commercial development proposals, the city shall continue to monitor commercial land use in the downtown and throughout the city
The OCP requires that the downtown be considered in the review of all new commercial land use applications, the report explained. The type of commercial development proposed by Canadian Tire is big-box retail, with several large-scale commercial units. This type of development is commonly located in vehicle-oriented commercial areas.
“While it is possible to accommodate large-scale commercial units in downtown areas — (such as) multi-level department stores — it is unlikely that Moose Jaw’s downtown would have adequate space available for a development of this size,” the report said. “The proponent has requested to locate in an existing vehicle-oriented commercial area alongside other retail shopping centre development.”
During the meeting, council voted unanimously to have administration proceed with the advertising and bylaw preparation for the rezoning of part of the property on the exhibition grounds.
This is the 11.95 acres Canadian Tire purchased from the municipality for $3.17 million in December. The company intends to develop a retail shopping centre in the southeast corner of the property. This property must be rezoned to C3 from CS as per the offer to purchase agreement.
The proposed property subdivision will be approved once the zoning amendment bylaw has been passed, while the mayor and city clerk will be authorized to issue a certificate of approval in accordance with The Planning and Development Act, 2007 once the bylaw amendment has been approved.
The municipality requires a 10-metre access and utility easement through the subject property for municipal infrastructure, the report indicated. This easement also allows services to be available to the lands north of the subject property.
While section 5.2.3 of the OCP talks about the objectives for the downtown, section 5.1 says the objectives for commercial land use are to:
• Provide for and encourage the appropriate expansion of retail, service and other commercial land uses and development required to meet the diverse needs of the shopping and business community of the City and its trading area
• Ensure that the downtown continues as the primary business, office, retail, cultural and administrative centre of the city and the region
• Ensure that the day-to-day shopping needs of the community, and the needs of tourists and the travelling public, are met at appropriate locations throughout the city Michelle Sanson, director of planning and development, told Coun. Scott McMann that if the sale falls through with Canadian Tire, the rezoned property would remain as a C3 district.
Also, advertising of the proposed rezoning will happen first, followed by the bylaw coming back for its required three readings, Sanson told Coun. Heather Eby.
If the public provides feedback about the proposed bylaw amendment, a public hearing would be held during a council meeting to officially hear those comments. The next regular council meeting is Monday, Feb. 10.