Hamilton councillors reviewing settlement authority for Ontario Land Tribunal appeals
‘The optics are that the tail was wagging the dog,’ councillor says of staff deal on Stoney Creek skyscrapers
https://www.thespec.com/local-stoney...l-appeals.html
The city is reviewing who should have authority to settle development disputes that are headed to the Ontario Land Tribunal (OLT) in the wake of a controversial deal struck by city staff to approve three skyscrapers near the lakeshore in Stoney Creek.
Councillors emerged from a closed Feb. 8 council session to unanimously direct the city’s solicitor to “review the process and instruction summary” for staff on OLT appeals and report back to the planning committee.
The move came after a deal between the city and New Horizon Development Group averted a week of tribunal hearings on three proposed residential towers at 310 Frances Ave. that had been set to begin on Jan. 30.
Jeff Beattie, the area’s councillor, pushed for the review after being caught off guard by the settlement, also criticized by ratepayers group Lakewood Beach Community Council, which had been granted party status at the hearings and said it felt “screwed by the city.”
Beattie said it’s important for councillors to review the city’s decision-making process now because many contentious development proposals across Hamilton will be going to the land tribunal for adjudication.
“I can say clearly we’re not satisfied because of the outcome that’s happened here, so there’s going to be some changes moving forward,” he said after the council session.
“I’ve heard this feedback from the community: What it looks like is that council was not in control of this. The optics are that the tail was wagging the dog.”
City solicitor Lisa Shields told councillors that staff presently has delegated authority to settle planning disputes and only involves the applicant in discussions, informing other parties once a deal is reached.
The city is reviewing who should have authority to settle development disputes that are headed to the Ontario Land Tribunal (OLT) in the wake of a controversial deal struck by city staff to approve three skyscrapers near the lakeshore in Stoney Creek.
Councillors emerged from a closed Feb. 8 council session to unanimously direct the city’s solicitor to “review the process and instruction summary” for staff on OLT appeals and report back to the planning committee.
The move came after a deal between the city and New Horizon Development Group averted a week of tribunal hearings on three proposed residential towers at 310 Frances Ave. that had been set to begin on Jan. 30.
Jeff Beattie, the area’s councillor, pushed for the review after being caught off guard by the settlement, also criticized by ratepayers group Lakewood Beach Community Council, which had been granted party status at the hearings and said it felt “screwed by the city.”
Beattie said it’s important for councillors to review the city’s decision-making process now because many contentious development proposals across Hamilton will be going to the land tribunal for adjudication.
“I can say clearly we’re not satisfied because of the outcome that’s happened here, so there’s going to be some changes moving forward,” he said after the council session.
“I’ve heard this feedback from the community: What it looks like is that council was not in control of this. The optics are that the tail was wagging the dog.”
City solicitor Lisa Shields told councillors that staff presently has delegated authority to settle planning disputes and only involves the applicant in discussions, informing other parties once a deal is reached.
“On a go-forward basis, my recommendation to this body will be that under the delegated authority, that we would advise all parties and participants that the city will be engaging into settlement discussions,” she said.
“Once a settlement has been reached, we’ll also let them know that as well.”
Councillors also voted to make public a previously confidential 2018 “instructions matrix” for staff on OLT appeals of decisions made by the city’s committee of adjustment on applications for minor zoning variances.
New Horizon’s application for seven variances had been turned down by the committee of adjustment and opposed by the city in December 2021, prompting the builder’s OLT appeal.
The instructions matrix states that in cases where an application is opposed by both the city and committee of adjustment, “staff attend as expert witnesses for the assigned solicitor” with instructions to “oppose the appeal.”
Beattie said it’s unclear how the Frances Avenue settlement fit those instructions, but “it’s really important that we, as a new council, put our stamp on” the process to ensure it has the public’s confidence.
“Right now I would suggest that the public doesn’t appear to be very confident with us,” he said.
Lakewood Beach Community Council representative Viv Saunders said she doesn’t believe staff followed the current instructions matrix but welcomes the review.
She said she expects settlement talks to become more common because developers can appeal to the OLT if a municipality doesn’t decide on their application within 120 days of it being deemed complete.
“It’s great news that they’re actually looking at the process, taking it seriously and going to make it more transparent so that everyone has an awareness,” Saunders said.
The OLT has scheduled a one-day hearing on May 25 for a formal presentation of the Frances Avenue settlement.
Details of New Horizon’s latest plan presented at a Feb. 3 OLT online session indicated the development will have condominium towers of 34, 44 and 37 storeys and be given relief on bylaw requirements for parking, open space and amenity space.
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