Future of west Mountain site now lies with OMB

By Mark Newman, News Staff

Members of the city’s planning committee have turned down a settlement offer from Deanlee Management for development of the Chedoke brow lands.

Committee members reviewed the offer for nearly 90 minutes in private Monday afternoon before Ward 8 councillor Terry Whitehead emerged to say the committee had refused the Mississauga firm’s proposal and was sticking with the city’s earlier decision to limit development to no more than 450 units.

Deanlee had proposed building as many as 700 units on the 24 acre site along Sanatorium Road, north of Scenic Drive and has spent the past several months working on a new plan after the planning committee turned down its original proposal in a 7-1 vote last September.

Whitehead provided few details of the settlement offer, only that it included more than 450 units and Deanlee has added a builder-contractor partner to the development plan.

He would not divulge the builder’s name.

Whitehead speculated that Deanlee is looking to resell the property to the builder if it can get a larger number of units approved.

“I feel very comfortable (saying) that if Deanlee is successful meeting the conditions with this particular builder that the builder would actually end up owning the property,” Whitehead said.

Many residents in the area are opposed to the development, arguing it’s too dense, will destroy valuable green space and does not fit the character of the community.

“The community through this entire process has really felt like they’ve been left out,” said Andrew Knowles, who is representing his grandmother Shirley Fawcett, a longtime brow lands area resident.

Knowles said a 1,146-name petition opposed to the development has been given to the city.

Calls to Deanlee Management and its lawyer for comment were not returned by press time.

The committee’s decision leaves the future of brow lands development in the hands of the Ontario Municipal Board, which has slated a three-day hearing on the matter starting Sept. 7, 10:30 a.m. at the McMaster Learning Centre on Main Street East.

Whitehead said the committee also briefly discussed the possibility of the city purchasing a parcel of brow land property, once home to a baseball diamond, on the north-east corner of Sanatorium Road and Scenic Drive.

He said it was decided that matter should go before the government issues committee as a separate matter.

Letters To The Editor – TheSpec.com Re: Brow lands

I have heard some people talk about how the brow lands on the Niagara Escarpment would be the perfect place for condos, and that residents are mad about it simply because they need something to complain about.

Let me set a few things straight. This is about land that has historical and green space value. The first and largest tuberculosis hospital in North America was built on this land and treated our First World War veterans and the Inuit people.

This land was donated by local residents to Hamilton Health Sciences (Hamilton Health Association in 1906) for medical purposes only.

Now this citizen-donated land has been sold for $5 million to a speculator, which expects to make $100 million by selling it to a developer that wants to build 10 multistorey condos on it.

Not only does this deal smell bad, but where does the development stop? Of course communities are growing and need expansion, but do we keep developing until there is no green space left?

The brow lands make up one of the last beautiful green spaces in Hamilton, which people from all over enjoy.

When does green space become legitimate? Why is it OK to develop over a First World War and medically historic site and one of the last green spaces left in Hamilton?

Why don’t we put condos on the Battle of 1812 site? Or even Gage Park? Or let’s get rid the rest of the Red Hill Valley, which was a rare feature in our city and in the province that now has an expressway through it.

We need a new approach to balance green space and development. Right now, development carries the greater weight.

Andrew Knowles, Hamilton

A Mississauga firm looking to develop the Chedoke brow lands remains hopeful an alternate plan can be worked out after its proposal was voted down by the city’s economic development and planning committee last week.

“We want to resolve this,” said Michele Starr, president of Deanlee Management Inc., after committee members voted 7-1 on Sept. 21 to refuse the developer’s bid to build as many as 700 townhouse and condo units on the 24-acre site along Sanatorium Road north of Scenic Drive. “Nobody wants to go to the (Ontario Municipal Board).”

City council was expected to reaffirm the denial at last night’s (Wednesday) meeting.

Committee members voted to deny the proposal after hearing from representatives from both sides.

Speaking for brow land area residents opposed to the development, planning consultant Jamie Bennett from the Thornhill-based MMM Group said Deanlee’s proposal is too intense for the site and not consistent with the city’s vision for future growth.

Ward 8 (west Mountain) Coun. Terry Whitehead said $4,800 of Bennett’s $5,000 fee was paid through the portion of his office budget, which provides for the hiring of consultants.

Whitehead said the expenditure was appropriate and approved by city staff.

“Nothing ties my hand from going out and utilizing my budget,” said Whitehead, who noted the consultant was hired in August with approval from the area residents before the city had established its position on the issue.

Under the city’s purchasing policy, expenditures under $5,000 do not require a request for proposals.

While city planning staff have supported Deanlee’s development proposal, Whitehead noted that with city council support Bennett will become the city’s planner of record on the brow lands issue and any future fees will be covered by the city.

The councillor said he’s “cautiously optimistic” an alternative development plan can be worked out between Deanlee, area residents and the city prior to an OMB hearing.

“I know there’s already been calls in from Deanlee to meet and see if they can find a mediated settlement,” Whitehead said.

Deanlee said in June it would take the matter to the OMB after committee members put the issue on hold to allow Whitehead to consult with the neighbours and gather more information on the matter.

Tim McCabe of the city’s planning department said Whitehead hiring a planner is not something that is done very often.

“I think it’s unusual for him to get a peer review of a report that has no council decision at that point,” he said.

Councillor Whitehead generously funded the majority of the cost of the planner.  Jamie’s work is to examine the Deanlee proposal against recognized and supported land use planning principles and policies that have been approved by the City and the provincial government.  He will present his findings to the Economic Development and Planning Committee on September 21st, 2010 (Council Chambers, City Hall at 9:30 a.m.).  We are hopeful that this work will, of course, point out deficiencies in the staff report and that council will NOT support the staff’s recommendations and therefore oppose the development when it goes before the Ontario Muncipal Board (OMB) sometime in the New Year.

The notice below from the City Clerk’s Office indicates that residents do not have the automatic right to speak at this meeting .  It is expected that the land use planner ie Jamie Bennett will be speaking on behalf of the community.  It would be great though if community members could attend the meeting to hear his presentation.

We have come to the sad conclusion that there will likely be development on this beautiful piece of property – however, we remain hopeful that we will be able to minimize the impact on our community.  Your support is appreciated – Talk to your neighbors and get the word out!

P.S. you may get this email twice as I will be sending it to two separate mailing lists.  One list is the people who registered at the June 10^th public meeting; the other list is comprised of the registered users of chedokebrow.ca  – however, I think some names are on both lists.  My apologies in advance.

Respectfully
Rod Priel
“Chedoke Browlands Community” group:
info@chedokebrow.ca

_______________________________________________________________________________
Notice:

Re: “Chedoke Brow Lands”, Located at Part Lot 57, Concession 2 OPA-07-053/25T-200712
Dear Residents:
Further to your attendance at the Public Meeting regarding this matter on June 10, 2010, this is to inform you that the item will be back on the agenda of the Economic & Planning Committee of September 21, 2010. The Meeting will take place in the Council Chambers of City Hall, starting at 9:30 a.m.

As the public Meeting was concluded on June 10^th , 2010, there is no automatic right for anyone to speak to Committee. If anyone does want to speak , I would need a written request, to place on the Agenda. Committee would then decide whether to hear any speakers. Please note that a delegation requests will only be considered if new information is to be presented. Committee does not permit repetitions of previous points already made at the public meeting.
http://www.hamilton.ca/CityDepartments/CorporateServices/Clerks/
_____________________________________________________________________________-

Read the June 10^th , 2010, Planning & Economics Minutes online at http://chedokebrow.ca/june-10th-2010-agenda/

The Ontario Municipal Board will ultimately decide if a Mississauga developer can build as many as 700 condominium and town house units on the Chedoke brow lands.

City planner Kirsten McCauley said the city received notice from Deanlee Management earlier this month asking that their proposal be referred to the OMB.

A date has yet to be scheduled for a hearing.

Deanlee president Ron Starr said the company is appealing to the OMB in a bid to move the project forward. “I’ve been trying to work this out for four years and four months,” Starr said.

Under the Planning Act, a developer may appeal to the provincial body if council refuses or neglects to make a decision on their request within a prescribed amount of time depending on the nature of the request and section of the act after receiving the application.

McCauley said the city accepted Deanlee’s applications for development of the 24-acre site along Sanatorium Road, north of Scenic Drive, in the fall of 2007.

At a special meeting of the economic development and planning committee June 10, committee members agreed to put the issue on hold so that brow land area residents opposed to the development can put together an alternative plan that is expected to suggest a less intensive development.

“Most of us within the committee would like to see (the brow lands) as a park, but we know that’s not going to happen,” said Rod Priel, spokesperson for the steering committee the residents organized following last month’s committee meeting.

Priel said the group is in the process of hiring a planning consultant to help them come up with a lower number of units for the brow lands that the OMB will support.

They’re also looking for volunteers and to raise money to pay for a lawyer to represent them at the OMB hearing.

Steering committee member Jim Stewart said he wants to see the natural environment of the brow lands preserved including the 250 or so trees he says he’s counted on the site.

He’s also concerned about how the proposed development will affect local ground water, adding he hasn’t seen any reports addressing that issue.

While city planners are recommending city councillors approve Deanlee’s application, Starr did leave the door open to a possible compromise with the neighbours before the matter goes before the OMB.

“It all depends what the compromise is,” Starr said.

After much perseverance, City Bylaw Enforcement Staff have managed to
cease construction of the temporary parking lot on Scenic Dr. (Chedoke
Site).
I am forwarding a copy of a letter that was sent to our office this
afternoon from Mr. Jim Campbell, General Manager of Columbia
International College.

I trust this information is sufficient and to the satisfaction of the
Mountain Brow Community.

Thank you,

Christine DiGiantomasso,
On behalf of,
Colleen Wicken
Assistant to Councillor Whitehead
Ward 8
(905) 546-2779
Colleen.Wicken@hamilton.ca

Letters To The Editor – Mountain News
Nov 20, 2009
Re: Chedoke brow lands plan targets retirees (Nov. 13)

It seems to be a pattern in Hamilton whereby a problem arises, a mediocre plan is developed and neither side in the dispute is at all satisfied with the outcome

This pattern is soon to repeat itself with the “re-development” of the Chedoke brow lands.

Deanlee Management has submitted an official proposal to the city’s planning department that would see another exclusive, destructive and unsustainable development scar the face of our community, already in desperate need of a new attitude.

The units in this sprawling new development along the escarpment will start at $250,000, well out of the reach of a vast majority of the seniors in Hamilton.

Over 25 per cent of local senior citizens live in poverty, while countless others have trouble getting by on their dwindling pensions.

In a time of economic hardship, it is insulting to the people of this city to claim a new housing project will be “targeted to retirees” when, in reality, it fails to even make the appearance of inclusiveness.

Furthermore, this development will be ruthlessly destructive, carving through our community without regard for local heritage.

Deanlee’s plan will demolish the 92-year-old East Pavilion that was used to help rehabilitate soldiers returning home from the First World War.

Truly one of the saddest things about Hamilton is our seeming lack of respect for heritage buildings, especially ones with vibrant and often hidden histories such as this structure.

To destroy the East Pavilion would be removing it from our landscape and from countless generations to come that could have learned about their city’s magnificent past through it.

To simply add to the obvious problems with this development is the fact that it is single-use, adding nothing but extra traffic to an area already plagued by congestion.

No shops, theaters, parks, recreational facilities or institutional buildings such as churches and community centers will be part of this plan, and the addition of 1500 new residents will simply increase demand for all these services.

This entire development shows the same lack of foresight that has seen the rising prevalence of poorly accessible power centers fill the void in the community for desired services.

I strongly urge the planning department to study these facts and reject this proposal.

The expected $3 million in tax revenue will be eaten up in road maintenance, snow clearing and extra services the rapid influx of new residents will require.

The heritage of the area will be compromised, the exclusive nature of this program is appalling and the unsustainable development style will cause major problems.

If the planning department approves this proposal, I urge councillors to vote against it. If council accepts this plan, I urge the taxpayers of this city to show their disapproval to Deanlee Development, the city planning department and city council.

It’s not too late to save our community from another disastrous development.

Chris Erl, Hamilton Mountain

By Mark Newman
Mountain News Aug 08, 2008

When Deanlee Management submits its final draft plan for Chedoke brow land development to the city in the next few weeks it could contain fewer then the 750 units the Mississauga developer had originally proposed.

“It could vary any place from 600 to 750 (units), but we don’t think the 750 is something that we’re going to push simply because I think, given some of the market studies we’ve done, we’ve seen people want larger units,” said Ron Starr, president of development at Deanlee.

After reviewing comments from city planning officials and agencies such as the Niagara Escarpment Commission about the proposal that was given to the city in June 2007, Mr. Starr said Deanlee filed revised conceptual drawings of the proposed development north of Scenic Drive with the city’s planning department about three weeks ago.

Mr. Starr said the company is now in the process of refining those drawings after hearing back from city planners and some agencies and he expects a final draft plan to go to the city in the next few weeks. He’s hoping to get approval from the economic development and planning committee in mid September which would allow the development to go forward.

Deanlee purchased the 9.6 hectare (24 acre) brow lands from the Chedoke Health Corporation in the spring of 2007, with the sale slated to close in December. The developer is also looking to close Sanatorium Road north of Scenic and make it a private condo road.

Under the revamped proposal, Deanlee is looking to build an eight to 10 storey condominium building and a couple of six to eight storey buildings at the centre of the property. The four to six storey condo buildings proposed for the northwest side of the property and on either side of Sanatorium Road just north of Scenic are retained from the earlier proposal.

The two to three storey condo town houses planned along Scenic Drive west of Sanatorium Road have been reworked so it won’t look like row housing.

“It’ll look like a very, very large house, but with multiple units in it,” Mr. Starr said.

In addition, Deanlee is looking to build a three to five storey condo building in front of the wood lot on the east side of the site. The wood lot is expected to be turned over to the city for preservation.

The high end condos are expected to sell for upwards of $300,000.

Mr. Starr said the green space near the centre of the property that includes the storm water management pond will be expanded.

NEC concerns

In a Jan. 7 report responding to the city’s request for comments on the project, the Niagara Escarpment Commission said Deanlee did not submit enough documents to determine whether the development was acceptable under the Niagara Escarpment Planning and Development Act and recommended the city refuse the developer’s application until additional information to satisfy the requirements of the Act were submitted.

NEC planner Martin Kilian said the proposal must comply with section 1.7 of the Act which, in part, the states: “All development should be of an urban design compatible with the visual and natural environment of the Escarpment.”

Essentially, Mr. Kilian said, that means when someone looks up from the base of the Escarpment they will see natural features rather then tall buildings.

Mr. Kilian added the NEC is also concerned that Deanlee is considering too many tall buildings too close to the brow.

“We’re not saying they are, we’re saying they might be,” Mr. Kilian said.

The NEC has asked Deanlee to provide a visual assessment of their proposal. Mr. Starr said that has been done and that report is included as part of the revamped proposal that has been submitted to the city. It will be circulated to commenting agencies such as the NEC.

In its earlier comments the NEC said the 30 meter set-back (from the brow) proposed for the development should be the minimum setback should the existing brow building be demolished.

Mr. Starr feels Deanlee has addressed the NEC’s concerns. He noted the tallest building on the site will be at least 200 metres from the Mountain brow and the brown and green buildings they are planning to build on the property should blend in well with the existing landscape.

“From the ground you can’t see this project,” Mr. Starr said. “With…the visualization and the angle and the right facade treatment, I challenge people once the project is done to find it from many miles out.”

All of the existing buildings on the site, with the exception of the Long and Bisby building, currently home to a day care operation, will be torn down.

Mr. Starr said the Long and Bisby building may be used as a medical clinic in the future.

“We’re exploring all that,” he said.

Deanlee is also looking at possibly saving part of the former continuing care building near the brow which dates back to 1917 and has been empty for more than two years.

The revamped plan is unlikely to get approval from a group of nearby residents who have been adamantly opposed to the project.

“It seems like a bit of a shell game,” said Barry Colbert, a neighbour who feels the developer is just moving units around from one part of the site to another.”I don’t think any of the residents are going to be impressed by that.”

Mr. Colbert is concerned Deanlee’s development will result in more pedestrian and vehicular traffic in the area, adding the move to reduce the number of units from 750 to somewhere around 600 is still no where near what the residents are seeking.

HamiltonMountainNews.com: News: Story: Brow land could see fewer units

Firstly, I would like to advise the community of some FACTS:

1. Deanlee is paying 5 millions for this property…I think that’s a steal

and a profit margin would be easily obtainable.

2. We have submitted a pettition to the City with approximately 600

names against this type of development. (note that these are

voting individuals in the community).

3. The community voted for the type of development they could live with,

The vote overwhelmingly opted for the single family homes. The

stats are posted on our site for your information.

In my opinion, the above outweighs the 14 individuals that have

expressed their interest in the type of units Deanlee is proposing.

____________________________________________________

Brow lands development proposal not carved in stone

Developer willing to look at fewer units if return on investment not compromised

By Mark Newman

News

Feb 01, 2008

Deanlee Management is willing to look at fewer then the 750 units it has proposed for the Chedoke brow lands.

“It’s not carved in stone,” said Ron Starr, president of development at the Mississauga firm. “There’s flexibility in this process.”

Possible ways of reducing the number of units Mr. Starr offered, could include increasing the size of the single family homes, townhouses and condominium units proposed for the the site thereby requiring fewer of them or by adding luxury penthouse condos to the top of some of the proposed buildings, which would also reduce the total number of units.

Mr. Starr said Deanlee is willing to look at fewer units on the site if they can be shown to be financially viable for the company and there is planning support and justification for the change.

“Show us a solution,” Mr. Starr said. “We still haven’t seen any (alternative), we’re either had no development or limited development and we knew that from day one.”

In December, as part of the secondary planning process for the brow lands along Sanatorium Road, north of Scenic Drive, the majority of residents living near the site voted for either limited development that would see 25 single family homes on the brow lands or no development at all.

Mr. Starr said those two options are non-starters.

“It’s not even reasonable,” said Mr. Starr, who added Deanlee has been prepared since “day one” to go to the Ontario Municipal Board to seek approval for the project if a development agreement with the city and the neighbours cannot be worked out.

“I think the residents truly believe what they’re doing is the right thing, but I think they’re missing the opportunity to really come back to the owners (and) developers of the land to say this is what we’ll live with,” Mr. Starr said. “If somebody can give us some good ideas and there’s the ability to compromise and utilize the lands as we as builders think is a good compromise, we’re quite willing to listen.”

Mr. Starr estimated Deanlee will spend as much as $250 million on labour, materials and other costs to develop the brow lands. He expects most of builders and sub contractors they use will be from the Hamilton area.

“You utilize as many local people as you can because it’s cost-efficient,” Mr. Starr said.

In addition, Mr. Starr said the company expects to pay as much as $20 million in development charges and about $3 million a year in property taxes.

Mr. Starr said not all of the neighbours in the area oppose the development plans, noting Deanlee has received requests from as many as 14 people who live within “walking distance” of the brow lands to be put on a reservation list for the condos.

City planning staff are reviewing Deanlee’s proposal as well as information gathered from the residents during the secondary planning process and are expected to make their recommendation to the economic and planning committee in March or April.

On Jan. 17, Deanlee officials took a group of city planning staff and brow lands area residents on a bus tour of some developments in Toronto, Oakville and Burlington to give them an idea of the kind of buildings and surrounding landscaping they hope to construct and how some residential development has been merged with open space.

“I think some of the examples they showed us were very positive,” said John Norris, a brow land area resident and member of the group Mountainview Residents for Recreation of Hamilton.

Mr. Norris said the non-profit group is pushing Deanlee and the city to maintain as much open space on the brow lands as possible.

Their proposals include: preserving the east side of the development at Scenic Drive and Sanatorium Road (a former baseball field) as parkland; installing a set of stairs from in front of the Long and Bisby building to the rail trail below and improving pathways around the water retention pond area in the centre of the brow lands to make it a more scenic walking corridor.