Hamilton’s Conservation Authority (HCA) Board of Directors have denied an application to build a six-storey, 129-unit residential building at 55 Cootes Drive because of flooding risk from the nearby Spencer Creek and backflow from Cootes Paradise.
HCA Chair, Ward 9 Hamilton Councillor Brad Clark, stated the Board determined the development “is likely to affect the control of flooding, erosion, dynamic beaches or unstable soil or bedrock” and that in the event of severe flooding, residents’ lives will be in jeopardy, and the building is likely to be severely damaged.
The developer, 7612737 Canada Corp, proposed elevating the building’s entrances and using retaining walls to ‘lift’ the building above the level of flooding the area experiences over roadways.
Thursday’s hearing (January 9, 2025) came after nearly 12 years of negotiations between the developer, the City of Hamilton, and the HCA.
In 2020, the City granted conditional site plan approval, which included a requirement to secure approval from the HCA.
During the past three years, the developer refined their plan in the hope of gaining HCA support.
Denial Because Building be Inaccessible During Flood Event
The developer’s measures did meet the requirements for dry flood-proofing.
Ontario regulations require the building be “dry flood-proofed to at least 1.1 metres below the regulatory flood elevation for the property (82.14 m), that electrical and heating systems would have to be located above the regulatory floodplain elevation, and that it be demonstrated the development can safely withstand the hydrostatic and hydrodynamic forces that can result from inundation under Regional Storm conditions.”
However, the depth of flooding on surrounding streets will block safe access to the building.
The building’s minimum geodetic elevation will be 82.15 metres, the Regulatory flood elevation (RFE) is 82.14 metres, and the access street (King Street) is at approximately 79 metres.
The HCA’s Manager of Watershed Planning, Stewardship & Ecological Services, Mike Stone, wrote that this means the building could be surrounded by flood depths of over three metres. This does not meet the “standards for safe access set out in the ‘Technical Guide—River and Stream Systems: Flooding Hazard Limit'” published by Ontario’s Ministry of Natural Resources.
“Under these conditions, the driveway access from the municipal road to the subject site is affected by flood depths of over three metres.”
Developers Lawyer Argues Residents Can Prepare to Wait Out Flooding
In his written submissions, advocating for the developer, lawyer Brian Duxbury submitted that residents would have advance forecasting of the kind of rare flood event the HCA is concerned about.
“In conjunction with early warning systems and protocols from public agencies, this level of detail also enables the condominium corporation to ensure that its residents have sufficient forewarning and guidance to ensure that all of their near-term necessities for food and other items are secured.”
He stated the condominium board will be required to plan for a flood event with “a detailed evacuation and storm event preparation and protocol,” and the building will be equipped with “a broad array of medical supports including defibrillators.”
Deliberations Were in Closed Session
The Hamilton Conservation Authority Board of Directors debated their decision in closed session, as is permitted when conducting hearings under Section 28 of the Conservation Authorities Act.
The developer can appeal the decision to the Ontario Land Tribunal.
The Section 28 hearing can be watched on the HCA’s YouTube page.
Production Details
v. 1.0.0
Published: January 10, 2025
Last updated: January 10, 2025
Author: Joey Coleman
Update Record
v. 1.0.0 original version