Landowners Push for Hamilton Urban Expansion Despite City Opposition

December 27, 2024

The ongoing dispute between the Upper West Side Land Owners Group Inc. (the Group) and the City of Hamilton over expanding the city’s urban boundary has escalated, highlighting deep-seated conflicts between development ambitions and municipal governance. Representing landowners of around 120 hectares of whitebelt land near Hamilton’s Airport, the Group has requested a Minister’s Zoning Order (MZO) to fast-track their development plans. They have offered that 10% of the new residential units will be affordable housing. However, Hamilton Mayor Andrea Horwath and city officials firmly oppose this proposal, holding steadfast to the city council’s decision to freeze the urban boundary.

Minister’s Zoning Order Request

Group’s Proposal and Promises

On December 13, the Group officially requested the MZO, seeking to expand Hamilton’s urban boundary to support residential development. In an attempt to garner favor, they have pledged that 10% of the new units will be affordable housing. To lend credibility to this promise, the Group has established a Memorandum of Understanding (MOU) with Hamilton Habitat for Humanity. This MOU includes a first right of refusal for Habitat to purchase 2% of the units at cost, demonstrating their commitment to integrating affordable housing into the broader development plan.

City’s Opposition

Despite the Group’s promises, Mayor Horwath has expressed a firm stance against the MZO application. This opposition is rooted in upholding the city council’s decision to freeze the urban boundary, a policy implemented to control urban sprawl and maintain sustainable development standards. Acting General Manager of Planning and Economic Development Steve Robichaud has reiterated the city’s stance, assuring that Hamilton will formally oppose the MZO application when the Province solicits comments. City officials are wary, viewing the Group’s attempts as an effort to circumvent established public planning processes, which ensure community input and regulatory oversight.

Bypassing Established Processes

Concerns Over Procedural Circumvention

City officials have raised significant concerns regarding the Group’s approach to bypass the city’s established public planning processes and the Ontario Land Tribunal (OLT). Typically, urban boundary expansion proposals must navigate a comprehensive public planning process, reflecting community input and adhering to regulatory guidelines. The Group’s strategy to directly appeal to provincial authorities through the MZO request does not sit well with municipal leaders, who believe that such actions undermine the integrity of local governance and public participation. This deviation from standard procedure not only disrupts established protocols but also sets a worrying precedent for future urban development proposals.

OLT Proceedings and Developer Conflicts

The Group is already embroiled in an appeal with the OLT, seeking to secure the urban boundary expansion through judicial channels. This action has sparked opposition from other developers, particularly concerning the limited capacity of the city’s new $106-million trunk sewer. The infrastructure constraints mean that only the first developer to receive expansion approval will gain access to this crucial resource, heightening competition and conflict among developers. The scenario underscores the complexities of urban planning, where multiple stakeholders vie for limited resources, further complicating decision-making processes and amplifying tensions within the development community.

Political and Lobbying Efforts

Lobbying for Support

In an effort to strengthen their position, the Group has engaged Queen’s Park lobbyist Patrick Lavelle-Turns to represent their interests and advocate for the MZO. By lobbying the Minister of Municipal Affairs and Housing, Paul Calandra, the Group aims to sway provincial decision-makers in favor of their development objectives. This political maneuvering signifies the extent to which developers are willing to go to push their agendas forward, leveraging political connections and lobbying strategies to influence outcomes. The involvement of high-profile lobbyists highlights the intersection of politics and urban planning, where governmental decisions can significantly impact the trajectory of local development projects.

Affordable Housing Promises and Skepticism

To mitigate opposition and gain support for their MZO request, the Group has underscored their commitment to affordable housing, promising that 10% of the new units will meet affordability criteria. However, these promises have been met with skepticism from city officials and community members alike. Ward 8 Councillor John-Paul Danko has bluntly criticized these commitments, terming them “charity-washing” and suggesting that they may be more about enhancing public perception rather than making genuine contributions to affordability. Such criticisms highlight the broader debate around the role of developers in addressing housing crises and whether their promises translate into tangible benefits for the community.

Broader Provincial Dynamics

Previous Urban Boundary Expansion Approval

The ongoing dispute between the Group and the City of Hamilton must be viewed within the larger context of provincial urban planning dynamics. Hamilton’s urban boundary expansion had previously been approved by then-Minister of Municipal Affairs and Housing Steve Clark. However, this decision was overturned a year later amid the Greenbelt scandal, leading to significant political fallout and changes in ministry leadership. This reversal underscores the volatility and politicization surrounding urban planning decisions in Ontario. The shifting political landscape and emerging scandals have added layers of complexity to the decision-making processes, impacting stakeholders’ confidence in consistent and predictable urban planning policies.

Future Directions and Municipal Response

The ongoing conflict between the Upper West Side Land Owners Group Inc. and the City of Hamilton regarding the expansion of the city’s urban boundary has intensified, highlighting significant tensions between development interests and municipal governance. The Group, representing landowners of approximately 120 hectares of whitebelt land near Hamilton’s Airport, has requested a Minister’s Zoning Order (MZO) to expedite their development plans. In their proposal, they have committed to making 10% of the new residential units affordable housing. Despite this offer, Hamilton Mayor Andrea Horwath and city officials are staunchly opposed to the proposal, adhering firmly to the city council’s decision to maintain the current urban boundary freeze. This dispute underscores the broader, contentious debate over how cities should balance growth with responsible planning and the provision of affordable housing. Both parties remain at an impasse, reflecting the broader, ongoing struggle between developmental aspirations and sustainable urban planning practices.

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