At its March 5, 2007 meeting St. Catharines City Council voted to let the Ontario Municipal Board (OMB) know it does not support the previous Council's approval of the condo tower development in Port Dalhousie's Heritage District. It further voted to require the developer to apply for Heritage Permits for its tower project BEFORE the OMB Hearings can proceed. This is a huge victory for democracy as the majority position of Council reflects the strong mandate they received at the November election that VOTERS DO NOT WANT THIS PROJECT AS PROPOSED.The text of the three paragraph motion motion is:

"That the City Solicitor be directed to attend the Ontario Municipal Board Hearing to convey Council's position that the majority of this Council does not support the decision of the previous Council;

and that the City Solicitor be directed to indicate to the Board that the Heritage application be commenced immediately in order that the Ontario Municipal Board may deal with both the rezoning and heritage application simultaneously;

and further, that the City Solicitor be directed to be involved in any negotiation process.
FORTHWITH.

YEAS: Councillor Burch; Councillor Elliott; Councillor Kushner; Councillor Secord; Councillor Stack; Councillor Washuta; Mayor McMullan.

NAYS: Councillor Dodge; Councillor Foss; Councillor Gill; Councillor Phillips; Councillor Stevens; Councillor Williamson.

CARRIED FORTHWITH. "

Then, to stregthen and clarify its position, our proactive City Council passed a very special second motion regarding the Port Dalhousie condo tower application on Monday night, April 2, 2007. The motion by Councillor Kushner makes quite clear why Council does not support the previous Council's decision on the Port tower proposal and specifies how this Council's position would be supported at an OMB Hearing. With this vote, Council was acting on the strong mandate it received from the voters across the City and sending a very clear message that our City welcomes development but that such development must be consistent with applicable planning regulations and Heritage Guidelines. Thank you to the strong majority who voted for the motion for listening to their constituents and standing up for approved planning principles and regulations (the vote was 9-3 with only Councillors Stack, Secord and Elliot voting against).

No, it is not a repeal but, YES it really strengthens Council's opposition to the tower proposal and weakens the developer's position. They (developer) will most likely press on to the OMB since they can still claim Council hasn't actually repealed the offending by-laws. In fact, we understand that the developers are determined to ignore Council and the public and forge ahead regardless. This will force the community to a very expensive OMB Hearing and the developer seems to think that Big Money Will Always Win (please see HOW YOU CAN HELP SAVE PORT DALHOUSIE). However, Council will now call evidence at the OMB from the Regional Planner and others against the previous Council's position. As you will recall, the Regional Planner submitted a very professional report that recommended denial of the application based on sound planning principles, and included comments from the Ministry of Culture and other experts.

Here is the text of the motion which volunteer Deborah Kehler painstakingly transcribed from a video recording:

"THAT this council does not support the decision made by the previous council as it pertains to Official Plan Amendment No. 31 and Zoning By-law #2006-228, for the following reasons:

Official Plan Amendment No.31 and resulting By-law 2006-228 conflict with the Port Dalhousie Heritage Conservation District Guidelines for conservation and change and the Provincial Policy Statement 2005. The Provincial Policy Statement requires that significant built heritage resources and significant built heritage landscapes be conserved, and further the PPS refers to Heritage Conservation Districts designated under the Ontario Heritage Act is an example of this. The Port Dalhousie Heritage Conservation District study provides the cultural and historic importance of Port Dalhousie. Further the proposed 17-storey building (approximately 207 ft) is not in keeping with the Port Dalhousie Guidelines for conservation and change as the height is not compatible nor is it in keeping with the intent and purpose of the existing Official Plan and By-laws.

The proposal is not consistent with the Provincial Policy Statements, nor does it conform with provincial plans, the City’s Official Plan, and Port Dalhousie Secondary Plan.

It is this council’s position that the proposed development will have a negative impact on the heritage of Port Dalhousie and on the City’s primary public lakefront recreational space and Lakeside Park.

Further, this council having read the Regional Planning Report dated October 12 2006, identified as DPD 110-2006, concur with the position taken by the Regional Planner and direct the City Solicitor to subpoena the Regional Planner for purposes of providing planning evidence to support this council’s position;

AND THAT the City Solicitor be given the necessary discretion to subpoena other witnesses which may support positions provided for in the regional planner’s report to support this council’s decision.
FORTHWITH"