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Neighbours opposing a controversial redevelopment plan for Winona's LIUNA Gardens property say they feel abandoned by the city as the proponent's appeal to the Ontario Land Tribunal (OLT) is set for a preliminary hearing later this month.
Winona Road resident Dawn Simpson said she only learned of the Oct. 28 case-management conference hearing when she received a notice from developer Fengate LIUNA Gardens Holdings LP's lawyer.
Fengate filed the OLT appeal on June 1, citing the city's failure to rule on the development's rezoning applications within the 120 days prescribed by the Planning Act.
Fengate hopes to build 1,212 housing units on the 3.4-hectare lakeshore property, including two 24-storey and two 15-storey condominium towers that opponents say are out of character with the area's single-family homes and townhouses.
Neighbours also criticize the proposed 1,067 parking spaces for being well shy of a required 2,099 and providing no spaces for visitors.
Simpson said residents haven't heard anything from the city or area Coun. Maria Pearson since an initial online neighbourhood meeting hosted by Fengate in March.
She said many neighbours she's spoken to weren't aware of the preliminary hearing, held to identify parties and participants as well as set dates for the full hearing, even though anyone wishing to be involved is advised to give 10 days' notice.
They've dropped the ball, really, and kind of left us in the dark," Simpson said of the city. People don't know how to fight the process or even be able to speak up. We're up against people who have so much money and so much knowledge and so much representation, and we don't have the city in our corner at all."
But Pearson said city staff will be at the preliminary hearing to argue that there hasn't been enough time to properly review or hold a public meeting on the development, let alone take a position.
Council passed a motion on Sept. 28 to make its direction to staff and elements of a confidential report public, but the city only did so on Oct. 17 following a reporter's inquiry.
The motion directs staff to oppose the plan on five grounds, including that it is an overdevelopment of the site," out of character with surrounding housing and contrary to established municipal plans for the area.
Pearson said she shares residents' concerns about the development's intensity and traffic, parking, noise and shadow impacts.
The city has their back and the city will be protecting the city's concerns and interests of being sure that it's responsible and cohesive development," she said.
But Pearson said it's the developer's responsibility to provide notice of the OLT hearing to anyone who registered an objection to the plan and she hasn't been contacted by any residents.
It's not up to the city anymore," she said. It's in the hands of the OLT, so the OLT will direct the developer what they have to provide as notice."
Wendakee Drive resident Charles Puma said he never received a hearing notice and doesn't believe the city has the neighbourhood's back given the lack of communication since March.
It seems to me the game is fixed," Puma said. The developer has the lawyers, they know the game and the time schedules are so (short), and they're circumventing it, as far as I'm concerned," he said.
At this point, I don't think we're getting represented very well."
Fengate's appeal argues that the development represents good planning and urban design," and expressed concerns about the city's initial feedback and the potential for significant delay in the approval timeline" due to the Oct. 24 municipal election.
"Despite the appeal, (Fengate's) goal would be to engage with the city and any stakeholders ... including through mediation, to ensure that meaningful dialogue will continue," it states.
STORY BEHIND THE STORY: We followed up with residents after learning that the OLT had set a preliminary hearing date.