We are retained as the…

We are retained as the planning consultants for 1800615 Ontario Inc. and Avatar International with respect to their lands located at the northwest corner of Barton Street and Fifty Road (the ‘subject lands’) in the City of Hamilton. The Subject Lands are approximately 4 hectares (9.9 acres) in size and are located adjacent to the City of Hamilton Urban Boundary within the City’s “Lower Stoney Creek” area (Figure 1).

Our clients were actively engaged in the Provincial Co-ordinated Land Use Planning review process seeking the justified removal of these lands from the Greenbelt Boundary. These requests were supported by City Council, who endorsed the removal of these lands from the Greenbelt Boundary in 2015 and also made separate comments to the Province, through the Co-ordinated Review, that these lands be removed from the Greenbelt Boundary. These requests were based on professional planning opinion, by both the City’s Consultant (Dillon Consulting) and MHBC Planning, on behalf of our client; and, ground-truthed scientific evidence provided by both the City’s consultant (AgPlan Limited, who conducted a LEAR in 2003) as well as an independent consultant retained by our clients to study their lands (DBH Soil Services Inc.).

A summary of the justification provided in these reports is highlighted below and a copy of the DBH Soil Services Inc. report is attached to this letter, for your information.

Planning Opinion (Dillon Consulting)

•Connects residential development planned in neighbourhing areas;

•Concerns with retaining viable farms in remnant parcels;

•Potential Rapid Transit Route along Barton Street;

•Adjacent to Highway 8 potential transportation corridor expansion;

•Potential multi-modal hub north of the area;

•Contiguous with existing urban boundary;

•Existing servicing in area;

•LEAR (2005) did not identify these lands as specialty crop;

Planning Opinion (MHBC)

•Small parcel size and fragmentation from agricultural operation renders lands not viable for farm use;

•Lands are located in an area identified for future urbanization and are surrounded by urban development;

•Adjacent land uses (school, residential) pose land use compatibility issues for specialty crop production;

•City of Hamilton Council passed a resolution which supports the inclusion of these lands within the urban area and has directed staff to initiate the identification of these lands as a strategic growth area for future development for urban areas through the City’s GRIDS 2 process (GRIDS 2 forms part of the City’s Municipal Comprehensive Review).

•Lands are comprised primarily of Class 4 soils, in accordance with the Canada Land Inventory, and referred to as ‘Non-Prime Agricultural Lands;

•LEAR assessment undertaken for the City identified the area as having low potential for specialty crop production

•Surrounding context is urban in nature;

•The lands are contiguous to urban land that contributes to forming a complete community. Surrounding development has been designed in consideration of the potential future development of the subject lands including the extension of municipal services and roads;

AgPlan Limited Report (2003)

•Relative closeness of the urban development increases the probability of conflict over some of the practical necessities associated with farming;

•The proposed Lower Stoney Creek Expansion area currently has a restricted and relatively lower potential for specialty crop production for the Study Area;

•Soil capability of the former Regional Municipality of Hamilton-Wentworth is relatively lower when compared on the average capability of agricultural lands in other Counties or Regions in Central to Southern Ontario;

•Need to use Lower Stoney Creek lands for agricultural purposes is diminished given existing economic conditions for agriculture in Southern Ontario;

•Significant differences in agricultural activity and agricultural potential are present within the Study Area;

DBH Soil Services Report (2016)

•Subject lands have not been used for specialty crop for at least 8 years and, within the past 8 years, the Subject Lands have been used in diminishing capacity and area for the production of common field crop;

•Existing soil materials on the Subject Lands are predominantly CLI Class 4 lands, or lands considered as Non-prime Agricultural Land;

•The Lands are immediately abutting an area of active development (new school and subdivision to the west and north). Agricultural lands, particularly Specialty Crop lands, that are located in areas of active development or adjacent to developed areas are prone to additional risks/challenges including trespassing, vandalism, traffic and complaints concerning common farm practices such as the use of pesticides, fertilizers and manures;

•Subject Lands lack artificial tile drainage, irrigation or topsoil layer, leading to lower soil capability;

•Adjacency to a major arterial road with connection to the QEW highway leads to potential traffic conflicts when moving farm equipment;

•Comprise 4.0 hectares of land, well below the 10 hectare minimum lot size for Agricultural Specialty Crop Zones as indicated in the City of Stoney Creek By-law No. 3692-92 (June 2015); •Have no potential for agriculture in the existing condition; and,

•Have great potential for conflict between any potential agricultural operation at this location and the adjacent developments.

These reports have been made available to OMAFRA staff for review and information purposes throughout the Coordinated Land Use Planning Review Process. Additionally, supplemental mapping which gives contextual evidence of the above, including the location of existing and future development and transportation infrastructure, around the Subject Lands was also provided to OMAFRA and other Provincial staff. These maps are included with this letter as Figures 2 and 3, for information and review purposes. Following this submission, a meeting was also held in spring 2017 between OMAFRA staff and City of Hamilton Staff (Jason Thorne, Steve Robichaud and Joanne Hickey-Evans) to discuss these lands.

We have reviewed the Draft Agricultural System Land Base Map and we note that, despite extensive justification, including planning analysis and an analysis by professional soil and agricultural experts, which provides evidence to the contrary, the subject lands continue to be identified as Specialty Crop Area on the Draft Map (Figure 4). With surrounding land uses including residential and institutional; and, a major arterial road and planned transit hub in the immediate vicinity, it is very clear that this area is urban in nature, with limited viable farming opportunities. The Specialty Crop designation on the Subject Lands is incorrect and should be revised to reflect the reality of the existing ground conditions. These lands do not meet the Specialty Crop designation.

The City of Hamilton is currently undertaking their Municipal Comprehensive Review, which they refer to as ‘GRIDS 2’. It is through this process that the City will determine its future land needs and identify areas for urban expansion to accommodate forecasted growth. With respect to the GRIDS 2 process, as it applies to the subject lands, we note that on September 28, 2016, City of Hamilton Council passed the following resolution:

“The Lands North of Barton Street and Bounded to the East by Fifty Road

WHEREAS, Council supports the inclusion of the lands north of Barton Street and bounded to the east by Fifty Road in the urban area;

WHEREAS, a change to the urban area can only occur through a municipally initiated comprehensive review; and

WHEREAS, the City of Hamilton has commenced an update to the City’s Growth Related Integrated Development Strategy, or GRIDS2;

THEREFORE BE IT RESOLVED

That staff, in consultation with the land owners, as part of the GRIDS2 process initiate the identification of the lands north of Barton Street and bounded to the east by Fifty Road as a strategic growth are for future development for urban uses to complete the Winona community.”

Under the current provincial framework, Specialty Crop lands are not eligible for updates and refinements during a Municipal Comprehensive Review. Given the extensive study undertaken to date by both the City of Hamilton and our clients, which provides evidence that these lands are not suitable for a Specialty Crop designation, the Provincial mapping should more accurately identify these lands as Rural lands; and, their proper designation should occur through the City’s Municipal Comprehensive Review process, at which time the Provincial Agricultural Land Base Map should be further refined to reflect the outcomes and recommendations of the City’s process.

Please accept this letter as a formal request to amend the draft Agricultural Land Base Map by removing the Specialty Crop Areas designation from the Subject Lands such that they can be properly studied by the City through GRIDS 2 and the most appropriate use of the land can be determined.

We thank you for your consideration and will follow-up with you to set up a time to discuss this request.

Sincerely,

MHBC

Dana Anderson, MCIP, RPP

Kelly Martel, M.Pl

[Original Comment ID: 210996]