WILL OMB MEDIATION LEAD TO AN ACCEPTABLE PROPOSAL FROM TOWER DEVELOPER?
The Community Hopes It Does But, We Will Be Ready for a full OMB Hearing Just in Case
As you are likely aware, PROUD Port Dalhousie has been fully supportive of Mayor McMullan’s efforts to find a negotiated solution and has entered into an agreement to mediate with the developer via the Ontario Municipal Board's mediation services. The Board has now scheduled this mediation for February 27th, 28th and March 1st at St. Catharines' City Hall. Please see information copied below on OMB Mediation.
In a letter to the lawyer for tower developer PDVC, PROUD lawyer Jane Pepino points out: "...our client has, since the outset of this process, been willing to mediate the issues raised in its appeal and to explore possible revisions to the development proposal in order to ensure it conforms not only to the applicable Official and Secondary Plans’ policies, but also to the general spirit and intent of the Heritage District of Port Dalhousie."
These policies mean: “heritage buildings, associated landscape features and archaeological sites including their surroundings should be protected from any adverse effect of change” and “New construction should be sympathetic to the existing built environment in terms of height, mass, colour and materials.” Mediation can, therefore, not be a "King Solomon" half and half exercise. The developer must come close to conforming to these policies and our side must show some flexibility and good faith. As the applicant, it is up to the developer to come up with a new proposal, we cannot design the project for them.
Our volunteers have always been reasonable and have on a number of previous occasions asked the developer to negotiate and change their proposal to one that reasonably meets the regulations and the citizens’ concerns –yet still allows a fair return on their investment. So far, the developers have refused to make any changes to either of their proposals but, we sincerely hope that this time they will be willing to come up with an acceptable proposal which will save everyone time, effort and money. However, we remain committed to ensuring this will be an acceptable proposal. Accordingly, we will continue to proceed to be ready for an OMB Hearing should the developer prove unwilling to make appropriate changes once again. We must remain vigilant and continue our fundraising so that we are not left in a position where they can use their deep pockets to go to the OMB and the community can't.
Together we will Save Our Seaport
David Bergen and Carlos Garcia
PROUD Port Dalhousie
A PROUD Eight-Year History as a Volunteer Community Organization |
|
