CITIZENS OF NIAGARA: PLEASE HELP US SAVE PORT DALHOUSIE

For the past 4 years many of our residents have volunteered their time to battle a developer who wants to convert the downtown core of Port Dalhousie, our 19th century canal village and public beach, into a massive modern development including a condo tower.

This condo tower (initially 326 feet and now 207 feet - currently our tallest building is 3 storeys, about 39 feet) will forever change the historic village we all love and will most likely be the first of many. The developer's supporters claim this project would revitalize our village, that we would all like it and besides, we wouldn't be able to stop it. The voters of St. Catharines think otherwise and spoke loudly and clearly. At the last election, six out of the seven Councillors that favoured the project were not returned to office (and of those that were opposed to the project, all were returned). The new Council has passed several measures expressing their disapproval of the project. However, despite Council's stand and widespread public opposition, the developer has refused to make changes and forges ahead to a very expensive Ontario Municipal Board (OMB) Hearing.

On February 20, 2008 the OMB will begin what is expected to be a 15 week hearing. We have an excellent case and an excellent lawyer (see Top Ten Reasons), however, if we do not put forward a strong, professional presentation, then the developer may win, essentially by default. If we do present a strong case, in all likelihood, the community will win and any new development will have to be consistent with the applicable regulations and Heritage Guidelines.

To properly present our case at the OMB, we will require a total of $300,000. This will cover legal costs as well as expert witnesses and reports. We have already raised aproximately half of our objective and we need your help to raise the balance. We need the help of many people, and we expect that we will receive it. This is an opportunity to make a difference. We welcome all assistance in this final battle. Whether it is $20 or $200 or $2,000 it is all welcome. Please donate to your own ability and give from your heart and, remember, time is of the essence as February 20th is just days away. Donations are made to ACO-St. Catharines (The Architectural Conservancy of Ontario, a registered charity established in 1933), and will receive a tax receipt. Please fill out and mail the Pledge Card with your donation or phone 905-935-9407 if you have questions. NOTE: You can also donate on-line.

Like the vast majority, our over 600 members from throughout the Region strongly support development in the commercial core of Port Dalhousie's Heritage Conservation District. We support appropriate development that is consistent with applicable regulations and will not unduly restrict access by all residents or negatively impact traffic and parking. A development that preserves the village feel and historic character will truly revitalize Port Dalhousie and generate major economic benefits for our City and Region.

David Bergen and Carlos Garcia
PROUD Port Dalhousie
A PROUD Eight-Year History as a Volunteer Community Organization

TOP TEN Reasons Why There Will Not be a Tower In Port Dalhousie

There are many reasons why we strongly believe the community and City Council will win at the Ontario Municipal Board (OMB) and the tower proposal will be defeated. Here are just the Top Ten.

10. Contravenes Provincial Policy Statement: PPS states “significant built heritage resources and cultural landscapes (like PD Heritage District) shall be conserved.

9. Contrary to Planning Act: “…council shall have regard for the conservation of features of significant architectural, cultural, historical, archeological and scientific interest”.

8. Against City’s Official Plan: “new construction and/or infilling should be compatible with surrounding buildings and streetscape”.

7. Against PD Secondary Plan: “…any new construction, particularly infill development within the Commercial Core, should be sympathetic to the existing built environment in terms of height, mass, colour and materials”.

6. Violates Zoning By-Law: Maximum height 11 metres (3 storeys) vs. 63 m. proposed.

5. Heritage Conservation District Priorities include: “encouraging new development where…such changes will have no adverse effect upon the heritage attributes of the district and will positively contribute to the character of the area.”

4. City Council is Against it: Council has withdrawn previous Council’s support, stated proposal contravenes applicable regulations, hired an outside planner, and refused the developers’ Heritage Permit and Site Plan applications.

3. OMB Has Never Approved a Tower in a Designated Heritage District: Never, Not one!

2. Community has Retained Top Experts: OMB appellants have retained top lawyer Jane Pepino (widely considered to be the most effective OMB lawyer in Ontario), a highly-experienced heritage planner, and other top experts who will support Council’s position.

and…the Number One Reason why the tower will be defeated:

1. Vast Majority of People are Opposed: People throughout Niagara support appropriate development in PD but overwhelmingly oppose a tower and the massive scale of development proposed.

OMB appeals are very costly and it is not a level playing field as the developer can afford it and the community has to raise $300,000. Nevertheless, everything is in our favour and people power will always beat money power.

CHANGE IN PORT DALHOUSIE'S HERITAGE DISTRICT IS INEVITABLE.
HOW WOULD YOU LIKE THIS UNIQUE VILLAGE TO CHANGE?

If you would like Port Dalhousie to change in a manner that is compatible with the current streetscape, village feel and Heritage Conservation District Guidelines, we need YOUR help!

A developer is proposing a massive condo tower project for Port’s commercial core which will overwhelm the village's unique heritage and the limited traffic and parking capacity. This proposal would contravene all applicable Provincial and Municipal Planning Regulations as well as the Heritage Guidelines. As noted by the St. Catharines Heritage Committee “(this development) …will transform the commercial core of Port Dalhousie from an area of 19th century and early 20th century architecture of two and three storey buildings, to a modern complex dominated by a six, eight and 17-storey residential tower.” (St. Catharines Standard, May 17, 2006).

Many volunteers and City Staff worked for five years to get the Heritage Designation, yet the previous Council narrowly approved the developers’ proposal which violates the City’s own rules. The new Council has withdrawn support for the proposal but, the developer has forged ahead and forced a very expensive Ontario Municipal Board (OMB) Hearing which started on February 20, 2008. The only way for the community to fight for appropriate development is at the OMB but, the playing field is not level! Lawyers and experts to make the case at the OMB are very expensive and the 15-week (maybe longer) hearing could cost as much as $300,000. The developer has deep pockets and we are all UNPAID VOLUNTEERS who give our time and effort because we care.

Don't let the developers flaunt all the rules just because they have money.  The OMB has NEVER before approved a tower in a designated Heritage District.  If this one is approved, it will set a precedent and there will likely be more towers in Port plus all 80 districts in the province will be fair game for towers.  Please fill out your Pledge Card or use PayPal and make your donation commitment NOW. Encourage others you know who share our concerns to fill out THEIR Pledge Cards and return them within a week to 10 days if possible.  A tax receipt will be issued for every donation to the Port Dalhousie Heritage Fund.

Thank you for your support.

_______________________________ Ken Mackenzie President The ACO St Catharines