Future of 282-285 Ontario Street

Statement of Clarification

The City of St. Catharines would like to clarify misleading information circulating online regarding standard procedures, the planning process, and legislative requirements for the 282-285 Ontario Street properties.

The City has full confidence in the integrity and expertise of City officials working on this file and their commitment to provide professional support on a complex remediation and redevelopment project. Consultations between potential developers are scheduled with various City departments, other agencies and in many instances the Mayor’s office, in order for City officials to provide accurate information, direction on legislative requirements and planning procedures, as well as to advise on next steps. Please continue to monitor this page, attend public open houses, and contact staff for factual information regarding this project.

The lands at 282 and 285 Ontario Street were re-designated from Employment to Mixed Use through an Official Plan Amendment (OPA 26), which was adopted by City Council on Nov. 30, 2020, and further approved by the Region of Niagara in March 2021 through a public process. Following appeals to the Ontario Land Tribunal (OLT) OPA 26 was upheld in its entirety and is now in force and effect. The subject properties are now undergoing a Secondary Plan process to determine future uses, densities, and configurations of the lands for future development.

In accordance with provincial regulation, policies and procedures are in place to ensure that development of a more sensitive use cannot occur until a Record of Site Condition and/or Risk Assessment is provided and approved by the Ministry of Environment, Conservation, and Parks. Any development (other than employment uses) can only proceed once it has been demonstrated to the City and the Ministry that any potential contamination of the site has been evaluated and addressed, and that the lands are suitable for the proposed use.

Demolition permits have now been issued for the remaining buildings on the subject properties. Weather permitting, residents may see increased construction activities on site beginning in February 2023. Please note that a temporary road closure will be required to remove the overhead gantry.

Background

The land at 282-285 Ontario Street, a privately owned property, has been of significant interest to the City and community, given its history, present state, and future opportunities.

The historical use of these lands has helped to shape the City’s economic, social, cultural, and physical landscape. Their use in the future will continue to shape the City’s landscape for generations to come. Triggered by the closure of this long-standing industrial use, and what is now a mostly vacant, 20-hectare brownfield site located in the middle of the city, City Council directed staff to evaluate the conversion of the industrial lands to allow for future alternative residential and mixed-use development.

This will be a complex and detailed process. Planning regulations and policies dictate the process to redevelop these lands, including environmental assessment and remediation. Below you will find information on:

The process to remediate and redevelop these types of properties.
The Ontario Street Corridor Secondary Plan, which will establish a clear vision, goals, objectives, land-use policies and permissions, and implementation strategies to guide future redevelopment of the area.
The City's action plan, first developed in 2020, to respond to concerns about the site, as well as actions taken to date and status updates from the City.

Planning Considerations

The Planning Act, and provincial regulations, provide direction on planning to municipalities and also dictate that any redevelopment must conform to not only planning policies and regulations (including City and Regional frameworks), but also other environmental regulations. Any proposed redevelopment must comply with these plans, or amendments may be required.

Prior to being considered by City Council, proponents may initiate discussions with City officials, including preliminary consultations in advance of submitting applications. Once an application has been deemed complete, the legislative public process then begins, which includes public consultation as required.

In addition to community engagement, City staff will seek feedback from all relevant departments and outside agencies (including Niagara Region and Niagara Peninsula Conservation Authority), and develop a staff report for Council consideration, including recommendations based on the interpretation of planning policies and principles.

Any type of development on a site with potential contaminants will not move forward without following proper legislative requirements. The Provincial Policy Statement requires that such sites be assessed, and remediated as necessary, to ensure there will be no adverse effects.

To consider a change of use for a property such as 282-285 Ontario St., an environmental assessment and record of site condition would have to be filed with the Ministry of Environment, Conservation and Parks. Any development other than employment use can only proceed once it has been demonstrated to the City and the Ministry of the Environment that any potential contamination of the site has been evaluated and addressed, and that the lands are suitable for the designated use.

City Council can consider an application prior to remediation, however, a holding provision in the zoning bylaw would be applied to the lands. This would require that the environmental assessment and record of site condition be completed in order to lift the provision and allow for the zoning to take effect.

Ontario Street Corridor Secondary Plan and OPA 26

In 2022 the City launched a land-use study of the Ontario Street corridor from the QEW, in the north, to Welland Avenue, in the south, leading into the downtown core. The Ontario Street Corridor Secondary Plan, will guide future decisions for land use in that area, including the property at 282-285 Ontario St., which will be a central focus of the study and for future redevelopment.

The lands at 282 and 285 Ontario Street were re-designated from Employment to Mixed Use through an Official Plan Amendment (OPA 26), which was adopted by City Council on November 30, 2020, and further approved by the Region of Niagara in March 2021.

One of the primary goals of the Secondary Plan Study is to support medium and higher density residential housing with a mix of other smaller scale uses such as retail and service commercial, office, institutional and recreational uses. Although the lands at 282 and 285 Ontario Street are now designated Mixed Use in the Official Plan through OPA 26, they are still zoned as Employment in the City’s Zoning By-law.

Action Plan for 282-285 Ontario Street

The City of St. Catharines has launched a comprehensive action plan in response to several concerns from residents regarding the former industrial automotive parts manufacturing property at 282-285 Ontario St. Since January 2020, City staff have been working on mitigating concerns related to environmental protection, trespassing and safety at the site in order to keep the city and neighbourhood clean and healthy.

Challenges

Like any private property, the City cannot unilaterally act to clean up the site on our own. The City must go through the proper legal channels to ensure the current owner adheres to City by-laws and work with other levels of government, such as the Ministry of the Environment, Conservation and Parks (MOECP), to ensure regulations are followed.

Reporting suspicious activity

Please report any suspicious, dangerous or criminal activity at the site to the Niagara Regional Police Service by calling 9-1-1. This could include breaking and entering, trespassing and graffiti.

Progress so far

Since the action plan was implemented, the City has taken several steps, within the scope of our authority, to address concerns with the site, such as:

Moved to prosecute the current landowner over alleged infractions to the Building Code, Fire Code and Waste By-law
Retained external legal support to advise Council and staff on provincial legislation, legal precedents and case law that would allow for City-led cleanup and demolition of a privately-owned industrial site, and how costs could be recouped
Retained a security company to perform perimeter patrols to prevent trespassing
Successfully directed the owner to inspect and repair perimeter fencing and window boarding
Engaged the Niagara Peninsula Conservation Authority (NPCA) and MOECP for PCB testing and analysis on the 12 Mile Creek upstream and downstream of the site, alongside upwind and downwind air monitoring and asbestos risk assessment. Based on the most recent testing, Ontario Public Health "believes there is no increased risk of adverse health to persons living in the vicinity"
- View the NPCA's:
  - Response to air and water quality testing and support for a potential stormwater fee and credit program
  - Correspondence in February 2020
- View the MOECP's:
  - The Ministry presented sampling results from the property at 282 Ontario Street to St. Catharines Council at a special meeting on Dec. 5, 2022. You can view the presentation and also watch the meeting on the City's YouTube page. The meeting also included an update on site clean-up efforts from the consultants and contractor hired by the property owner.
  - March 2022 Letter from the Minister regarding stormwater discharge split sampling timelines
  - Surface Water Results 282-285 Ontario Street - Ministry Response and Next Steps presentation slides from the June 28, 2021 City Council meeting
  - Addendum Water Monitoring Results 282-285 Ontario Street - April 2021
  - Water and Air Monitoring Results 282 - 285 Ontario St. presentation slides from the Dec. 22, 2020 City Council meeting
  - Surface Water Study
  - Air Monitoring Survey
  - Addendum Cover Letter
  - Surface Water Study Addendum
  - Surface Water Testing Results - July 2020
  - Correspondence in February 2020
Contacted the MOEP about asbestos risks associated with the site, with the Ministry of Labour stating they see no concerns until work begins on the site
Passed the Waste By-law, which prohibits the use of certain lands for disposal of waste, including inoperative machinery, construction materials and industrial and commercial waste. This provides new avenues of prosecution
Passed an amendment to the Official Plan, re-designating the site for residential and mixed-use purposes
Visits by City staff for grass cutting and weed clearing and for graffiti complaints
Two instances of graffiti removal by a hired contractor, with invoices directed to the property owner
Legal action taken against the property owner with respect to the noncompliance with Fire Code, Building Code and City Waste By-law orders arising from the condition of the site.
April 2024: The Ontario Street Corridor Secondary Plan workplan has been delayed. This pause will allow Planning staff to temporarily re-direct and focus efforts on supporting the City’s Housing Accelerator Fund commitments and other strategic priorities, such as the Community Improvement Plan review, the Official Plan update, GO Station Major Transportation Station Area zoning implementation, Port Dalhousie Secondary Plan zoning implementation, and on-going Provincial conformity exercises.
- The Ministry of the Environment, Conservation, and Parks (MECP) has provided their Certificate of Analysis for the December 2023 sampling undertaking which demonstrates that abatement actions to reduce and control discharge of PCB contaminated stormwater from the site has been successful. Staff will report back to Council in Q2 2025 with an update on project status and next steps.

Status updates and supplemental information

View the City's status update memoranda and supplemental information reports in relation to the site:

Special Council Meeting

View the Special Council meeting with a status update the Ministry of Environment, Conservation and Parks on Dec. 5, 2022.