The earliest date that an Ontario Municipal Board (OMB) hearing will be held to determine the future of the airport employment growth district (AEGD) is March 2012.
But before that happens, the city and two appellants agreed August 8 during an OMB pre-hearing at the downtown McMaster University Learning Centre to argue in October whether the planning approvals were valid to create the so-called aerotropolis.
Environment Hamilton and Flamborough resident Victor Veri appealed council’s October 2010 decision to approve the 830-hectare airport employment land’s secondary plan, arguing the entire process was flawed.
Veri said planning approvals were given, such as new parking restrictions, that will have an impact on the entire city of Hamilton and the public wasn’t aware of those changes.
Both are asking the Official Plan amendment and rezoning applications be dismissed for the development.
Solicitor Nancy Smith, who is representing the city at the OMB, said the appeals are beyond the jurisdiction of the government body.
“It’s going to the legality of the bylaw,” she said. “The board has no authority.”
OMB chair Jason Chee-Hing agreed to hear the legal issue on October 28.
Chee-Hing also agreed he will hear a settlement motion December 2 by the city, and possibly by some of the 16 parties that have appealed the aerotropolis decision.
Guy Paparella, director of airport and industrial land development said there is a possibility up to half of the parties could agreed to a settlement with the city. So far, he said three parties have approved of tentative settlements.
Paparella said Environment Hamilton, and Hamiltonians for Progressive Development, another opponent of the development, are not expected to agree to a settlement.
“The board encourages you to look at on-going discussions,” said Chee-Hing.
Another pre-hearing has been scheduled for December 9 at 10:30 a.m. to draft procedural orders, and to formalize an issues list. Smith said a proposed hearing could start in March next year.
“It depends upon how the matters are dealt with,” she said.
Other parties that agreed to take part in the OMB proceedings, included Craig Smith, a landowner on Smith Road, Dr. John Bacher, a researcher for the St. Catharines-based Preservation Agricultural Lands Society, Ancaster Christian Reformed Church, and the Living Ward Christian Fellowship.
The majority of the appellants are local property owners with specific objections to the planning regulations contained in the AEGD, city officials say.
City officials argue that by 2031, the AEGD will create 24,300 direct jobs, and 11,500 spin-off jobs, while creating $66 million in net tax revenue annually.
The infrastructure needed for the development, including sewers and roads, will cost about $353 million, with about $227 million identified for roads. Developers are expected to pay $114 million of the cost. Opponents of the project argue the true cost for the infrastructure is about $1 billion if you include the needed sewer and road improvements along Centennial Parkway.
The AEGD is identified as being bounded by Upper James to the east, Fiddler’s Green Road to the west, Garner Road to the north and Whitechurch Road to the south. The development will include prestige business, commercial and some industrial.
Councillors last fall approved in a 13-2 vote the planning recommendations after nearly six years of contentious debate.
Mayor Bob Bratina voted against the recommendation, arguing the politicians were approving a risky proposition.
“There is no absolutely no reason to take this decision today,” he said. “It is a wrongheaded move in so many ways. It’s a huge gamble.
Source: http://www.sachem.ca
The city’s proposed aerotropolis is still hovering on the edge of a full-blown Ontario Municipal Board hearing.
A pre-hearing was held Monday over the controversial plan to transform about 700 hectares of farmland near the Hamilton airport into an industrial and commercial business park.
The plan, approved by council last fall, is being appealed by 16 community groups, landowners and developers at the OMB.
Guy Paparella, the city’s project boss, said a potential settlement hearing is scheduled for Aug. 30.
It is possible some parties, although probably not all, will reach an agreement with the city to drop their appeals at that hearing, he said.
Additional pre-hearings are scheduled for Sept. 30, Dec. 2 and 9.
A full OMB hearing, if required, likely won’t happen before March, Paparella said.
Some of the parties appealing the so-called aerotropolis want the city to allow more residential land use around the airport.
Other appellants, like Environment Hamilton, argue the city is ignoring its own land-use policies, and those of the province, by giving valuable farmland to manufacturers that could set up shop within the city’s existing urban boundaries.
The Hamilton Spectator
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