City opposes developer’s plan to destroy Ancaster wetland for warehouses

The city is opposing a developer's bid to destroy a marsh on a piece of Hamilton farmland in order to build a massive warehouse complex.

That's a welcome position for advocates who hope to derail One Properties Real Estate Inc.'s efforts before the Ontario Land Tribunal (OLT).

The Garner Marsh and its surrounding farmland are a significant spot for biodiversity and wildlife" at the headwaters of the Ancaster Creek, Nancy Hurst says.

It's a big sponge that absorbs all the rainwater that would just flow off a concrete surface and potentially flood what's downstream, which is everybody," adds Hurst, who is with Save Our Streams Hamilton.

Council - amid a raft of letters expressing opposition to the warehouse plan - has told legal staff to back the Hamilton Conservation Authority's rejection of the developer's request to remove the wetland and create a new body of water on the 140 Garner Rd. E. property.

One Properties hopes to consolidate its OLT appeal over the permit the conservation authority rejected last June with a more recent appeal, this time over the city's lack of decision on a related development application within the province's 120-day limit.

Ownership of the 35-hectare property - just east of Fiddlers Green Road - has changed since a consultant submitted the initial draft plan of subdivision application to the city for Lea Silvestri Holdings in 2018, a staff report notes.

One Properties manages the land on behalf of the current owner," which is the Alberta Investment Management Company, also known as AIMCo.

One Properties senior vice-president Stefan Savelli didn't respond to The Spectator's request for comment.

But in its OLT appeal letter, lawyer Patrick Harrington wrote the 14-block proposal would help the city realize its long-term and annual employment needs."

The plan has been drafted with appropriate buffers and setbacks from the surrounding environmental features in order to ensure that adequate separation is provided."

Moreover, Harrington wrote, the proposal provides for appropriate mitigation methods and strategies that will ensure that the natural heritage features in and around the site will be enhanced."

The appeals should be consolidated for efficiency and ease of administration," he added.

Last Monday, legal counsel for the city, conservation authority and agency Environmental Defence argued against consolidating the appeals in an OLT case management conference with the developer's legal representation.

A tribunal spokesperson told The Spectator many tribunal decisions come within 90 days of a hearing, but some matters may take longer, depending on the complexity of the issues."

The hotly contested warehouse plan has been the focus of considerable controversy.

Last July, One Properties wiped out the crops of a farmer who'd leased the land in order to conduct an archeological study amid the property deal.

Couple Ron Book and Carrie Hewitson, who also grew vegetables on the property, have since sold their neighbouring home. We can't rent the property, so why stay?" said Book, who noted they've bought a small farm in Waterford.

Even if they didn't farm there, but chose to stay, who wants to have 24-hour truck traffic in their backyard?" he added.

The shape of the five-warehouse plan for the Garner Road property has shifted along the way.

But it's still not clear what the developers are proposing amid the changing blue prints, says Don McLean, who, with Hurst, is a participant in the OLT case.

At this point, we can't know what the application is until the developers actually lay it out."

Earlier this month, the longtime environmental activist told the city's planning committee that routing the proposal through the provincial tribunal does an end run on the regular local process.

Normally, city councils weigh development proposals on the advice of staff, and feedback from agencies and members of the public, who can address city politicians at public meetings.

Council makes the decision, not some individual bureaucrat appointed by the provincial government," McLean said.

There were issues with the 2018 application, including a lack of 30-metre setback from the wetland, stormwater management design and water-servicing constraints, staff noted.

But the land, which forms part of the city's airport employment growth district, is designated and zoned for employment uses, chief planner Steve Robichaud told councillors.

Hypothetically," if the new owners met requirements - for engineering, traffic, stormwater management and natural-feature protection - staff could bring forward a positive recommendation," he said.

Coun. Lloyd Ferguson said it just puzzles" him why the development industry continues to give us the finger" by launching OLT appeals but that's the cards we've been dealt with by the province."

The Progressive Conservative government has tightened timelines for municipalities to decide on development proposals and allowed appeals to the tribunal on conservation authority denials.

Teviah Moro is a reporter at The Spectator. tmoro@thespec.com