By Mark Newman, News Staff

The fate of the proposed development of the Chedoke brow lands will soon lie with Ontario Municipal Board officials.

A hearing into Deanlee Management’s plan to develop a large portion of the 25 acres of land along Sanatorium Road north of Scenic Drive was expected to wrap up today (Wednesday) after six days of presentations.

The Mississauga firm is battling with the city over the size and scope of development on the brow lands.

City council has approved no more than 450 condominium units on the site.

While Deanlee’s plan before the OMB calls for 529 units, Roy Wolker, a brow lands area resident and a party to the hearing, noted on Monday there is the potential for many more.

“The devil is in the details,” said Wolker, who claims city planning officials have indicated another 100 units could be built on the west Mountain site if they were designated as retirement units.

Wolker said Deanlee can also earn credits if it does not tear down the five or six heritage buildings on the property which could be worth another 30 or 40 units.

Altogether, he noted, the potential for development on the site is between 600 and 670 units, not far off the 700 units the developer originally proposed to the city.

The lawyer for Deanlee made his presentation in support of the development to the hearing last week.

The plan calls for two clusters of buildings.

Three six storey apartment buildings and one four storey building are targeted for the entrance to the brow lands on Sanatorium Road just north of Scenic Drive.

The other cluster includes 16 townhouse units along Scenic on the north-west side of the site; eight more townhouse units next to the former infirmary building near the Mountain brow and three four storey buildings are slated for the area behind the infirmary building.

Board officials heard the key part of Wolker’s presentation on Monday when he called Barry Colbert as a non-expert witness.

Colbert is an area resident and associate professor of policy and strategic management at the school of business and economics at Wilfrid Laurier University.

He is also a director of the CMA Centre for Business and Sustainability at Laurier and has been part of a local resident’s group opposed to Deanlee’s development plans since 2007.

“I think the brow lands is a good site for development,” said Colbert, who went on to argue in a thorough 75 minute Power Point presentation, that Deanlee’s plan is “far too intensive” for the community, adding it is out of character with the surrounding neighbourhood which features mostly single family homes.

He said the historical “therapeutic, park-like setting” of the area should temper any development plans.

Colbert said a mixed commercial-residential development of between 175 and 200 units “is most appropriate” for the brow lands.

“We’d like to see positive development on the site,” said Colbert, who told the hearing the residents are also opposed to the city’s decision to allow 450 units on the site.

He said he used the city’s residential intensification guide to map-out his development alternative.

James Bennett, a Thornhill planning consultant hired by the city, told the hearing on Monday that Deanlee’s proposal should be rejected.

“The density of the project is too high,” he said. “The building heights are too high.”

Other brow lands area residents spoke in opposition to the development plan last week.

Andrew Knowles, who was speaking on behalf of his grandmother and long-time brow lands area resident Shirley Fawcett, presented a 1,177 name petition opposed to the development.

Deanlee got some good news last week when the Niagara Escarpment Commission withdrew from the hearing.

NEC manager Ken Whitbread confirmed the organization signed off on the development plan after Deanlee agreed to a number of measures.

They include: at least 30 percent of the site will remain open space; buildings will be set back at least 30 metres from the Mountain brow and the measurement-staking must be approved by NEC staff; any buildings above four stories along Scenic Drive must be stepped back so they don’t look like large building blocks; buildings along Sanatorium Road will include a mix of townhouse clusters and high rise structures rather than just high rise buildings and a visual impact assessment will be provided prior to construction.

“Before it’s finalized, we have to approve the design,” said Whitbread, who added he believes that in signing off on the proposal, the NEC has achieved a balance between urban intensification and environmental protection.

A decision from the OMB is not anticipated for several months.

The next round of the Chedoke brow lands battle that was slated for Wednesday has been adjourned again.

It came as no surprise to many, as word spread the day before that Deanlee Management was going to ask to push the Ontario Municipal Board (OMB) hearing into the fall.

Deanlee’s lawyer Paul DeMelo said they had nothing to present because their latest alternative building plan was rejected by city council Tuesday morning. The specifics of that plan were kept secret in a closed-door meeting, in which council also voted to make a private counterproposal.

On Wednesday, DeMelo also asked to extend the OMB hearing from three to seven days. He would not speak to the media.

Nancy Smith, counsel for the City of Hamilton, had no objections. Due to scheduling conflicts, the new hearing will start on Dec. 5.

“Nothing is ever a surprise, it’s only a surprise if you are not prepared,” said Roy Wolker, a registered party spokesperson for brow lands community members fighting over-intensified development.

Deanlee’s initial proposal of up to 700 units along the brow lands was rejected by the city after they purchased the property from the Chedoke Health Corporation in 2007. The city’s first suggestion was 450 units. Deanlee’s latest public compromise offer was 529 units.

The OMB hearing will give the community members a chance to have their say.

The mood was calm on Wednesday and most of the community members who showed up for the hearing accepted the adjournment calmly. Some were upset that they had trekked through the rain, only to hear no new information.

Barry Colbert, who has lived on Scenic Drive for eight years, will speak at the OMB hearing as a witness. He supports the idea of intensification because, he says, the only alternative is paving the greenbelt.

“If we don’t want to do that, then we have to put more people in the city — so where do we put them?” said Colbert.

Active community members think 175 is a more appropriate number of units for the neighbourhood, and regardless of the delayed hearing, many of them are staying optimistic.

“As long as we are heard at the OMB, I think that will be the final test,” said Colbert. “People can listen to you all along but to show whether they were really listening, the outcome determines that.”

sescott@thespec.com

The Hamilton Spectator

City council rejected a secret compromise plan to develop the Chedoke brow lands Tuesday, but left the door open for a last-minute settlement to avoid an Ontario Municipal Board battle.

Council turned down an alternative building plan from Deanlee Management in a closed-door meeting Tuesday, but also voted to make a private counterproposal.

The Mississauga-based developer first pitched 750 units of condominiums and townhouses along Scenic Drive on the west Mountain, with the city suggesting 450 units as a maximum. The details of Deanlee’s latest pitch and the city’s counter-offer will stay secret for now, said Councillor Terry Whitehead.

“But if the city’s offer is not accepted, I can say we’re in for the fight,” Whitehead said after Tuesday’s meeting, held the day before a scheduled OMB hearing. “The city has a strong planning foundation for its argument.”

Opponents of the development are depending on city participation in Wednesday’s hearing, said Andrew Knowles, whose grandmother lives on Scenic.

“We need the city to ensure we come out of this process with a development that is rational and reasonable,” Knowles said.

Residents hoping to save the Mountain green space will be represented at the OMB hearing, Knowles said, “but we don’t have the kind of expertise and experience that city staff have in negotiating this process … We want to know council is behind us.”

A representative of Deanlee Management declined to comment Tuesday. But an email from the developer’s lawyer, Paul DeMelo, acknowledges council’s decision and suggests Deanlee will ask for the OMB hearing to be rescheduled for late October or November to allow for “at least seven days of hearing time.”

The hearing was also put off twice during the summer.

Whitehead said there is still time for the company to consider the city’s behind-the-scenes offer, which he considers “better” than the city’s previous call for a maximum 450 units.

Deanlee’s latest public compromise offer was 529 units.

The OMB hearing begins at 10:30 a.m. at the McMaster Learning Centre at 50 Main St. E.

mvandongen@thespec.com

905-526-3241

The buzz is that Deanlee has come to the city with another settlement proposal of 472 units.
We need the city to aid us in our argument against Deanlee. Although most of us do not agree with the city’s proposal, we need them to work with us at the OMB for better chances at limiting the destruction of that property.

Terry whitehead:

• 905-546-2779; terry.whitehead@hamilton.ca

The meeting info:

Sept 6th 1:30pm. City Hall

http://www.hamilton.ca/CityDepartments/CorporateServices/Clerks/calendars2011/

I believe we can speak at the meeting:

http://www.hamilton.ca/CityDepartments/CorporateServices/Clerks/SpeakingtoaCommitteeofCouncil.htm

I will be applying to speak.

Thanks.

Andrew

By Mark Newman
Hamilton Mountain News

A revised development plan for the Chedoke brow lands that is destined for the Ontario Municipal Board is drawing negative reviews from many of the neighbours.

“It’s still too dense for the area,” said Andrew Knowles of the plan by Deanlee Management of Mississauga to build 529 townhouse and condo units on the 24 acre site  along Sanatorium Road, north of Scene Drive.

The revised plan, released last week by Deanlee’s lawyer, contains fewer units than the 700 originally planned and the maximum height of the buildings has been lowered to six storeys.

But the number of units is above the 450 limit set by city council.

“It still doesn’t respect the character of the community,” said Knowles, who is representing his grandmother and long-time brow lands area resident Shirley Fawcett.

The revised plan also calls for what appears to be some underground parking in the middle of the site and that has drawn the wrath of neighbour Agnes Hansebout who is concerned about potential blasting near the edge of the Niagara Escarpment.

“When is the destruction going to stop?” she said.

The residents have been fighting brow lands development for the last four years.

They’re concerned the plan is out of character with the community, will worsen traffic in the area and destroy valuable green space.

In addition, the plan calls for two six storey buildings along Scenic Drive near the wood lot on a section of the brow lands the city is looking to purchase and preserve as park land.

Deanlee appealed the matter to the OMB last fall after their original plan was voted down by the city’s planning committee.

The OMB has slated a three-day hearing starting on Sept. 7, 10:30 a.m. at the McMaster Learning Centre on Main Street East.

CHEDOKE BROWLANDS residents say they are unimpressed by a developer’s reduced plan for 529 condominium and townhouse units alongside Scenic Drive on the Hamilton Mountain.

The Hamilton Spectator
By Stacey Escott sescott@thespec.com

Chedoke browlands residents say they are unimpressed by a developer’s reduced plan for 529 condominium and townhouse units alongside Scenic Drive on the Hamilton Mountain.

Deanlee Management had initially proposed up to 700 units along the browlands after the company purchased the land from Chedoke Health in 2007. The City of Hamilton came back with 450 units and the two sides have yet to reach an agreement.

Rod Priel, who has lived on Scenic Drive for ten years, says the new plans are still too intense for the area. The company will present its latest proposal at an Ontario Municipal Board hearing Sept. 7.

“People are pretty upset — that’s way too much,” said Priel. “(Deanlee) comes at us with 700 (units); that was horse-trading. And then we think we won with 500 or so when we really haven’t.”

Priel, who will speak at the OMB hearing, says 150-175 units is reasonable for the area.

“They are essentially dumping a small town deep inside an established community without the roads to facilitate the increased population. That whole area will be covered with buildings.”

Andrew Knowles’ grandmother Shirley Fawcett has lived on Scenic Drive for 31 years.

Knowles has been a voice throughout the battle trying to preserve as much green space as possible. He is unimpressed by the new proposal.

“The number of units has to be lowered even more. They still haven’t respected the character of the community,” said Knowles.

Plans by both Deanlee and the city are unacceptable to Knowles. With both ideas, there will be new condominiums, multiple parking lots and underground parking. His frustration is mounting.

“For four years we’ve been dealing with a speculative plan. It keeps changing all of the time. So what are we fighting against?” Knowles said.

Back in June, Paul DeMelo, lawyer for the property management firm announced Deanlee had a new partner delaying progress further. No details about the newcomer have been released.

“It’s likely they are going to sell this property — you can almost predict that,” said Knowles. “The thing about transparency is: What is all this secrecy involving Deanlee’s partner?”

Deanlee could not be reached for comment.

It was entirely predictable that the Ontario Municipal Board would be tasked with making the final decision on the size and scope of development on the chedoke brow lands.

A three day hearing is slated to begin on Sept. 7.

It’s expected a number of residents who live near the 24-acre site will make impassioned and well-reasoned arguments against development plans that could see as many as 700 units built on the property.

Hopefully, the OMB will consider their arguments.

Sadly, the community has had little, if any, input into development plans that will directly impact on their quality of life and their property values.

That was echoed on Monday when the community and the public in general were shut out from seeing, never mind providing input on, a settlement offer for brow lands development.

Fortunately the committee turned down the offer.

What has become clear through the whole brow lands saga is the process for development is weighed in favour of developers and speculators with little regard for what anyone else might think.

It’s time the process was changed.

Whitehead hoping park deal could help push separate agreement on development density

Buildings from the old Hamilton Sanatorium will likely be bulldozed once a developer receives approval for a high density development on the Chedoke brow lands.

By Mark Newman, News Staff

The city is about to make Deanlee Management an offer for a slice of the Chedoke brow lands.

Ward 8 (west Mountain) Coun. Terry Whitehead said members of the city’s general issues committee agreed to have real estate staff approach the Mississauga firm as soon as possible.

“We’ve directed staff to enter into discussions with the intent to purchase just over an acre of land next to the wood lot for a park,” said Whitehead, who has long sought acquisition of the land on the north-east corner of Sanatorium Road and Scenic Drive that was once home to a baseball diamond.

He did not say how much the city is prepared to pay for the property.

Whitehead said he’s confident that if Deanlee agrees to sell the land it will not be able to request a higher density of development on the remaining property.

Deanlee had proposed building 700 units on the 24-acre site, while the city has agreed to no more than 450.

Whitehead said a parkland agreement would not affect the development limit set by the city.

Members of the planning committee in private session on Monday turned down a settlement offer from Deanlee that Whitehead said contained more units than the city maximum.

The matter is slated to go before the Ontario Municipal Board in September.

While the land purchase offer is not tied to Deanlee’s proposal for developing the brow lands, Whitehead said he will be contacting the firm in the coming days to see if a compromise on development density can be worked out that falls within the limit agreed to by city council.