Developer First Gulf has appealed to the Ontario Land Tribunal (OLT) for approval to construct a multi-building industrial subdivision with hundreds of truck bays, and acres of impervious surfaces, despite the City’s ongoing concerns over conflicts with City and Provincial policies. The Airport Employment Growth District (AEGD) is an Eco-Industrial zone with clear policies outlining that development can occur but:

• must avoid negative impacts to natural features

• must enhance the natural features on site

• must design with nature by protecting streams, mature trees, wetlands, significant habitat and integrating topography into developments

Watch this short drone video of a compensation wetland area built by industrial developer Broccolini at an industrial complex in Milton. The best choice is to leave the natural features in place and build around them but the Milton example is an improvement over what First Gulf is proposing here, at 270 Garner Rd E.

Link to EIS, Staff and HCA comment tracker, and other studies is HERE

An impactful statement recognizes that development will occur, but that it must uphold the policies that protect and enhance the natural heritage found on site, and incorporate these into the plans.

Please submit your comments to the OLT by following the steps below.

1. Write your statement on a Word or Google document and save it as a PDF.

2. Fill out the OLT participant request form

3. Case number: OLT-24-001165

4. Date: March 18, 2025

5. Contact info: Last name, first name, email is all that is required

6. Representative: ignore, not relevant

7. In the statement block on the form indicate “I am requesting Participant Status for OLT-24-001165 and am opposed to the proposal based on my statement attached as a separate document”.

8. Save your participant request by using the ‘save’ button on the form page.

9. Write an email asking to be granted participant status for this case and put the OLT case number in the subject line. If you receive a reply from a lawyer challenging your request please reply that as a citizen of Hamilton you have a right to participate.

10. Attach both your completed request form and your statement PDF to your email

11. Send your email and the two attachments to:

Chris.Guo@ontario.ca

Rachel.McVean@hamilton.ca

kailey.sutton@mcmillan.ca

Patrick.MacDonald@hamilton.ca

marc.kemerer@mcmillan.ca

As a Participant you will receive a link to the online virtual case management conference meetings, and finally, to the hearing itself. Please keep in mind that there will be several case management conferences before the actual hearing date.

Key natural features on site:

• A 9.2 ha Significant Woodland with rare ‘interior forest’ identified on Schedule B of the Urban Hamilton Official Plan as “Core Area”

• Meadow marsh wetland connected to the Significant Woodland via a hedgerow

• Agricultural acreage on site is comprised entirely of Canada Land Inventory Prime 1, 2, 3 soils.

• 816 of 1040 trees with diameter at breast height (DBH) 10cm slated for removal including 24 on neighbouring properties.

• Three vernal pools and 0.3 ha of interior forest habitat 100 m from the forest edge within the Significant Woodland

• Four additional woodland areas

• Headwater tributary of the Ancaster Creek

• Several important hedgerows identified as linkages for wildlife movement in the AEGD secondary plan

• Endangered Butternut trees and other at risk species

• Eastern Wood-pewee habitat

• Potential breeding and dispersal habitat for endangered Jefferson Salamander

• Habitat for species at risk bats and bat maternity roosts

Policies to quote in your submission

City of Hamilton Urban Official Plan (UHOP Section C.2.0)

Policy 2.5.10.d) Unevaluated wetlands and locally significant wetlands require a 15 metre vegetation protection zone, measured from the boundary of the wetland, as approved by the Conservation Authority or Ministry of Natural Resources, unless an Environmental Impact Statement recommends a more appropriate vegetation protection zone.

-The meadow marsh and other water bodies on site are slated for removal. They should be left in place and provided a 15m buffer.

Policy 2.5.5 New development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in Section C.2.5.2 to C.2.5.4 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there shall be no negative impacts on the natural features or on their ecological functions.

This proposal is adjacent to a Significant Woodland (SW) and does not comply with this policy because:

-Only a 15m buffer between the SW and the development has been proposed whereas a much more significant buffer is appropriate. This is one of the few woodlands in the AEGD with “interior forest” making it very important for neo-tropical songbird breeding.

-Hedgerow linkages that connect the Significant Woodland to other Core Areas are proposed to be removed.

Policy 2.5.8

a) There shall be no negative impacts on the Core Area’s natural features or their ecological functions.

-Development within 15m of the Core Area Significant Woodland will undoubtedly have a negative impact.

b) Connectivity between Core Areas shall be maintained, or where possible, enhanced for the movement of surface and ground water, plants and wildlife across the landscape.

-Removal of hedgerows will remove connectivity.

c) The removal of other natural features shall be avoided or minimized by the planning and design of the proposed use or site alteration wherever possible.

Policy 2.5.9 An Environmental Impact Statement shall propose a vegetation protection zone which:

a) has sufficient width to protect the Core Area and its ecological functions from impacts of the proposed land use or site alteration occurring during and after construction, and where possible and deemed feasible to the satisfaction of the City, restores or enhances the Core Area and/or its ecological functions; and

b) is established to achieve, and be maintained as natural self-sustaining vegetation

-The proposed 15m buffer zone is not sufficient

Policy 2.7.3 The City shall require the incorporation of Linkages (eg, Hedgerows) into a design of new development requiring approval by this Plan to retain and enhance the cultural, aesthetic, and environmental qualities of the landscape, wherever possible and deemed feasible to the satisfaction of the City.

-Hedgerows are slated for removal which does not conform to the policy.

AEGD Secondary Plan

Policy 8.2.2 Sense of Place Principles: The employment district is vibrant and visually appealing. It is a working community with a unique sense of place derived from a strong connection to its natural setting and the existing airport. The intent is to:

a) Balance a high intensity of use with large conserved natural areas.

-This proposal is not balanced nor conserve large areas beyond the Significant Woodland which is already protected.

b) Design with nature by protecting streams, mature trees, wetlands, significant habitat and integrating topography into developments.

-This proposal does not provide that streams, wetlands, and mature trees will be integrated into the topography.

Policy 8.2.11 Natural Heritage Principles: Through sustainable design and appropriate development the employment district protects and enhances the natural environment. The intent is to:

a) Develop in a manner that is sensitive to the natural environment;

b) Use innovative, sustainable storm and wastewater infrastructure to protect water quality and source water;

c) Protect and integrate provincially and municipally significant natural features, such as streams, valley lands, wetlands, mature trees and forests into the employment district’s development, implement provincial policy and meet municipal policy;

d) Use sustainable design to limit the emissions, water and energy consumption of buildings within the employment district; and, e) Connect the employment district’s open space system to surrounding natural areas to allow employees to enjoy and explore the region’s natural heritage.

Provincial Planning Statement, 2024 (PPS)

Policy 4.1.1 Natural features and areas shall be protected for the long term. This proposal will remove most of the natural features.

Policy 4.1.2 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Linkages (hedgerows) to be removed.

Policy 4.1.6 Development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements. Ancaster creek tributary flows into rare Coldwater Creek system which supports specific aquatic life forms.

Policy 4.1.7 Development and site alteration shall not be permitted in habitat of endangered species and threatened species, except in accordance with provincial and federal requirements.

Policy 4.1.8 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 4.1.4, 4.1.5, and 4.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions.

Policy 4.2.1 Planning authorities shall protect, improve or restore the quality and quantity of water by:

a) using the watershed as the ecologically meaningful scale for integrated and long-term planning, which can be a foundation for considering cumulative impacts of development;

b) minimizing potential negative impacts, including cross-jurisdictional and cross-watershed impacts;

c) identifying water resource systems;

d) maintaining linkages and functions of water resource systems;

e) implementing necessary restrictions on development and site alteration to:

1. protect all municipal drinking water supplies and designated vulnerable areas; and

2. protect, improve or restore vulnerable surface and ground water, and their hydrologic functions;

f) planning for efficient and sustainable use of water resources, through practices for water conservation and sustaining water quality; and

g) ensuring consideration of environmental lake capacity, where applicable.

Policy 4.2.2 Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored, which may require mitigative measures and/or alternative development approaches.

Policy 4.3.3 Specialty crop areas shall be given the highest priority for protection, followed by Canada Land Inventory Class 1, 2, and 3 lands, and any associated Class 4 through 7 lands within the prime agricultural area, in this order of priority.