Decision
The Council of the Corporation of the City of St. Catharines, at its meeting on Feb. 24, 2025, refused a request for an application to amend Zoning By-law 2013-283 under Section 34 and amend the Official Plan under Section 22 of the Planning Act for the lands described as described as Part Lot 17 TP Plan 7 (Port Dalhousie Lot 101) Grantham; Part Lot 18 TP Plan 7 (Port Dalhousie Lot 100) Grantham; Part Lot 21 TP Plan 7 (Port Dalhousie Lot 104) Grantham; Part Lot 22 TP Plan 7 (Port Dalhousie Lot 102) Grantham as in RO822860; S/T the rights of owners of adjoining parcels, if any, under RO580557 & RO809179; St. Catharines, municipally known as 33 Lock St.
The applicant was seeking approval to construct a four-storey, 26-unit apartment building with space for residential convenience uses, and with 26 parking spaces proposed within a ground-floor parking garage.
The City’s Official Plan designates the subject land Medium Density Residential. The applicant proposed an Official Plan Amendment to add a site-specific Special Policy to permit an increased maximum density of 207 units per hectare and a maximum height of 17 metres.
The Zoning By-law zones the subject land Medium Density Residential with Special Provision 7 (R3-7). Special Provision 7 provides for a maximum height of nine metres. The applicant proposed to rezone the subject lands by replacing Special Provision 7 with a new Special Provision that establishes site-specific provisions for a number of items, including minimum building setbacks, maximum building height, maximum density, minimum landscaped open space, minimum proportion of a yard that must be soft landscaping, minimum parking requirements per dwelling unit, minimum parking space sizes for proposed car-lifts within the parking garage, and maximum distance of short-term bicycle spaces from a principal entrance.
The Zoning By-law and Official Plan Amendments for 33 Lock St. were denied because they are not consistent with the Provincial Policy Statement and do not conform with the Niagara Official Plan or City of St. Catharines Official Plan.
All written and oral submissions related to the application that were made at the public meeting have been taken into consideration by Council as part of its deliberation and final decision.
Legal Notice
The last day for filing a notice of appeal is March 24, 2025, at 4:30 p.m. The notice of appeal must be filed with the Clerk or submitted through the Ontario Land Tribunal’s (OLT) e-file portal. It must set out the specific objection to the by-law(s) and the reasons in support of the objection and be accompanied by the fee required by the OLT. More information on fees can be found on the OLT’s website: https://olt.gov.on.ca/fee-chart/
The proposed Official Plan Amendment is exempt from approval by the Niagara Region. The decision of council is final if a notice of appeal is not received on or before the last day for filing a notice of appeal.
With Bill 185 receiving Royal Assent, only the registered owner of the land to which the by-law would apply, specified persons and public bodies as defined in the Planning Act may appeal a decision of the municipality or by-law to the Ontario Land Tribunal.
No person or public body shall be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the Council or, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party.
For more information about this matter, including information about appeal rights, please contact Charlotte McEwan, Senior Planner, Planning and Building Services Department at 90.-680.7175, via email at cmcewan@stcatharines.ca or the City’s TTY number (text telephone) at 905.688.4889.