RESIDENTS 'BLINDSIDED' BY SECOND TRIBUNAL APPEAL

Opponents of a towering housing plan for Winona's LIUNA Gardens property are criticizing the city for not disclosing a second Ontario Land Tribunal appeal filed by the developer to try to speed up approvals.

Viv Saunders of the Lakewood Beach Community Council said she only learned about the second appeal from the proponent's lawyer two days after a preliminary March 3 tribunal hearing on the first appeal.

Fengate LIUNA Gardens Holdings LP is seeking to build two 24-storey and two 15-storey condominium buildings as part of a plan for 1,212 housing units on the 3.4-hectare lakeshore property, former home to a banquet hall and union training centre.

The community council and three residents have joined the city as parties opposing the plan

before the tribunal, contending the development is too intensive for the area and doesn't provide nearly enough parking spaces.

Fengate's initial appeal last June argued the proposal needs the tribunal's help to "ensure a timely approval" of required zoning and official plan amendments. A 10-day hearing is scheduled in September.

The second, Nov. 28 appeal cites the city's failure to approve a site plan control application within 30 days.

"Please note we will be asking that this appeal be heard together with our client's (first) appeal," Fengate lawyer David Bronskill wrote in a notice to the city clerk's office.

Saunders said she was "taken aback" when Bronskill informed her of the second appeal after she asked about two references to a site plan on a list of issues the city submitted for settlement talks.

She noted the second appeal wasn't listed in a Jan. 31 staff report to councillors on active tribunal appeals that did include the initial June appeal.

Saunders said the new appeal is "a game-changer" because it may affect proceedings and increase hearing costs for her council and the other parties to the initial appeal.

"I think it speaks to procedural fairness. That seems to be lacking lately," Saunders said, adding her council is debating whether to continue its involvement.

"Now what's going to happen is settlement talks are going to occur on the whole ball of wax," she said. "This shouldn't be happening, where residents are blindsided by this stuff."

City spokesperson Michelle Shantz said the January staff report didn't include the second Fengate appeal because it only updates councillors on tribunal appeals on applications for official plan and zoning bylaw amendments, and plans of subdivision.

"Site plan applications appeals are not part of this regular update," she said. "If any parties or participants in an Ontario Land Tribunal proceeding allege a lack of procedural fairness, such matters can be raised as issues and the respective parties can respond accordingly if necessary."

Winona Road resident Dawn Simpson, who is a party to the first appeal, said the second appeal "just further confuses an already convoluted, difficult, time-sucking and expensive process."

Opponents already faced an uphill battle because the land tribunal almost always sides with developers, she said.

"It takes a lot of time and resources to be able to use what ends up being a very small voice when up against lawyers whose clients have millions or billions of dollars," Simpson said.

"Trying to understand the process, procedures, the legalese, trying to figure out the information and how to most effectively be engaged in challenging the proposal — it's a system designed for us, as neighbours of the project, to fail."

Jeff Beattie, the area's councillor, said staff recently informed him Fengate is trying to consolidate the two appeals, but it doesn't change his opposition to the proposal.

But he said the second appeal highlights the city's need to deal with applications more quickly because several tribunal appeals are due to non-decisions within prescribed timelines.

"I've expressed my concern with senior leadership that we need to do better, and it's my belief there are plans already underway to improve the city's track record," Beattie said.

STORY BEHIND THE STORY: We heard about the second appeal and wanted to learn more.