| July 17, 2002
Don Scott, Chair
Dear Mr. Scott and Members of the Commission, The Coalition on the Niagara Escarpment (CONE) is writing in support of the Commission staff's recommendation with regard to the proposal by Hamilton General Homes to amend the Niagara Escarpment Plan (NEP) to extend the boundary of the Minor Urban Centre for the Community of Winona (application number PW 138 01). CONE agrees with the NEC staff recommendation that the Commission should inform the Minister of Natural Resources that the application is not in the public interest. CONE takes the position that this matter has already been decided by the Ontario Municipal Board and it undermines planning strategies currently underway by the City of Hamilton. The proposal must be deemed frivolous in light of the fact that a 1994 Ontario Municipal Board hearing has already dealt with this matter and established the current boundary for Winona at the existing line of development. In making its decision, the Board noted that the Escarpment Protection Area designation for the subject lands had value in maintaining and protecting the open landscape and providing a buffer to the Escarpment Natural Area. CONE does not see anything in the current application or in the current planning context which is substantively different than that which existed in 1994. The applicant has already had their day in court and this matter has been decided. To allow them a second "kick at the can" would be unacceptable. No must mean no. It is a waste of taxpayer's money to hold a second hearing on this proposal. Even if the Commissioners were to take the position that this proposal is not frivolous, it must still be declared not in the public interest because it is premature given that the City of Hamilton is currently developing a "big picture" strategy for dealing with urban expansions in the new amalgamated City. The Ontario Municipal Board has determined that the City of Hamilton requires an additional 405 ha (1000 acres) of urban land to support projected population increases. To meet this need, the City of Hamilton has embarked on a process for considering the many existing requests for urban expansions. The Growth Related Integrated Development Strategy (GRIDS) was approved by City Council in February 2001 and will result in a detailed study and workplan later this year. Proceeding with this application before that "big picture" study has been completed would not just be poor planning, it would be unfair to all of the other developers who have respected that process by awaiting the results. To proceed with this amendment application would undermine the City of Hamilton's attempt to manage its growth responsibly through a "big picture" plan. Regarding the revisions made to the proposal since this application first came to the Commission in November 2001, CONE takes the position that these do not fundamentally alter the nature of the proposal and, in the case of the abandonment of the stormwater management area, may make the application even worse from an environmental impact standpoint. CONE agrees with the NEC staff position that a grass strip along the eastern boundary of the subject property presents no firmer an urban boundary than the existing open space which begins at the western boundary of the subject property. If Hamilton General Homes is permitted to move the current urban boundary to accommodate its proposed development, a grass strip is not going to stop the next developer from doing the same. In fact, it would be more difficult to stop future expansions given the precedent that an approval in this case would set. In summary, the proposal by Hamilton General Homes to amend the Niagara Escarpment Plan (NEP) to extend the boundary of the Minor Urban Centre for the Community of Winona is not in the public interest as this boundary has already been decided by the Ontario Municipal Board in 1994 and the proposal undermines planning strategies currently underway by the City of Hamilton. Thank you for the opportunity to comment on this application. Sincerely, ORIGINAL SIGNED Jason Thorne |