Notice of Decision: 1262 and 1290 Fourth Avenue

On September 14, 2026, City Council adopted Official Plan Amendment No. 56 and passed By-law 2026-120 under Section 22 and 34 of the Planning Act, after hosting a Public Meeting on the matters on August 24, 2026. Public input has been received, considered and has informed the decision of Council. City Council passed By-laws 2026-119 and 2026-120 to enact their decision. Complete copies of both by-laws are available for inspection in the office of the City Clerk, City Hall, during regular office hours, and also attached to this notice. 

Applicant: Martin Quarcoopome, Weston Consulting

Owner: Fourth Ave M.D. Developments Inc.

Project Location: 1262-1290 Fourth Avenue

File Numbers: 25 113482 OP, 25 113484 ZA

PURPOSE AND EFFECT

The purpose of the Official Plan and Zoning By-law amendments are to amend the City’s Garden City Plan and Zoning By-law 2013-283 to facilitate the development of 1262-1290 Fourth Avenue with two development blocks for the construction 8-storey mixed-use buildings and one block for future mixed-use development.

Official Plan Amendment No. 56 has the effect of amending a Special Policy applicable to the subject lands to permit ground-floor or standalone residential uses where they do not occupy any part of a ground-floor public-street facing building façade, and to require a minimum of 48  jobs per hectare on the lands overall at a rate of 500 sq.ft. GFA per job.

The effect of By-law 2026-120 is that the subject lands are rezoned from Business Commercial Employment with Special Provision 5 and Holding Provision H3 (E1-5-H3) to the following:

• On the portion of the lands north of Pathstone Way, to Medium Density Mixed Use with Special Provision 199 and Holding Provisions 3 and 30 (M1-199-H3-H30);
• On the portion of the lands south of Pathstone Way, to Medium Density Mixed Use with Special Provision 200 and Holding Provisions 3 and 30, over the lands located south of Pathstone Way (M1-200-H3-H30);

Special Provisions 199 and 200 contain a number of site specific Zoning provisions and can be read in full in the complete By-law. Holding Provision H3 remains. Holding Provision 30 requires confirmation of availability of sufficient water, wastewater and stormwater infrastructure to accommodate the intended land use.

The properties, 1262 and 1290 Fourth Avenue, are also the subject of another application under the Planning Act, for draft plan of subdivision approval (File No. 25 113534 SA) which was approved by Council, with conditions. A Notice of Decision related to the subdivision application was sent previously and separately to this notice.

LEGAL NOTICE

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. 

The last day for filing a notice of appeal is October 19, 2026.

The notice of appeal must be filed with the Clerk or submitted through the Ontario Land Tribunal’s (OLT) e-file portal. The notice of appeal must set out the reasons for the appeal, and the specific part(s) of the Zoning By-law or Official Plan Amendment being appealed. A separate notice of appeal must be filed for each by-law and must be accompanied by Ontario Land Tribunal fee. More information on fees can be found on the OLT’s website: https://olt.gov.on.ca/fee-chart/

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.

No person or public body shall be added as a party to the hearing of the appeal unless, before the plan was adopted or 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.

STAFF CONTACT

For more information about this matter, including information about appeal rights, please contact Charlotte McEwan, Senior Planner, Planning and Building Services Department at 905-688-5601 x 1716, via email at cmcewan@stcatharines.ca or the City’s TTY number at 905-688-4889.

Dated at the City of St. Catharines, the 29th day of September 2026.