Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
October 4th, 2024
CASE NO.:
OLT-22-002221
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Appellant: Appellant: Appellant:
Crystal Beach Tennis & Yacht Club 3101669 Nova Scotia Company, 1609652 Ontario Ltd. & Rose DiRenzo Marz Homes (Crystal Beach) Inc.
Subject:
By-law No. BL 144-2021
Municipality:
Town of Fort Erie
OLT Lead Case No.: OLT Case No.:
OLT-22-002220 OLT-22-002221
BEFORE:
P. Tomilin
Thursday the 3rd
MEMBER
day of October, 2024
THIS MATTER in respect of the lands at Crystal Beach Secondary Plan in the Town of Fort Erie, having come for a public hearing on August 12, 2024 before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued a Decision on August 15, 2024; and
THE TRIBUNAL having been advised by the Parties on August 12, 2024 that a full uncontested settlement had been reached, on consent;
AND THE TRIBUNAL, having considered the settlement materials and the sworn planning affidavit of Mark Iamarino filed on September 23, 2024;
NOW THEREFORE
THE TRIBUNAL ORDERS THAT the appeal is allowed in part and By-law no. 144-2021 is amended as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of the Town of Fort Erie to assign a number to this by-law for record keeping purposes.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
“CMU2-698 (144-2021) – Northeast Corner of Ridgeway Road and Ryan Avenue – 412 Ridgeway Road
These lands are zoned “Core Mixed Use 2 (CMU2-698) Zone”, and all of the provisions
that relate to lands zoned “Core Mixed Use 2 (CMU2) Zone” by this by-law shall apply to
those lands zoned “Core Mixed Use 2 (CMU2-698) Zone”, subject to the following special provisions:
a) Notwithstanding the list of permitted uses in Section 26B.2, these lands may only be used for the following:
Animal Hospital
Bake shops
Banks and Financial Institutions
Brewer’s Retail Outlets
Business or Professional Offices
Building Supply and Sales
Candy Kitchen
Catering Establishment
Clinics
Commercial Schools
Custom Brokers
Day Nursery
Dry Cleaning Outlets
Eating Establishments
Hotels
Laundries and Laundromats
LCBO Outlets
Personal Service Shops
Pharmacies
Places of Entertainment, Recreation or Assembly
Post Offices
Printing Establishments
Private parking lots
Private or Commercial Clubs
Public Libraries
Public Parking Garages
Public Parking Lots
Religious, Fraternal or Public Institutions
Retail Stores
Service Shops
Spa Services
Studios
Supermarkets
Taverns
Home occupations
Dwelling Units
Uses, buildings and structures accessory to any permitted commercial use
b) Notwithstanding the “Zone Regulations” in Section 26B.3, the following special provisions shall apply:
i. minimum front yard setback – 1.0 m
ii. minimum exterior side yard setback – 1.0 m
iii. building height as per paragraph c) herein
iv. minimum interior side yard setback adjacent to a residential zone – 1.5 m
c) Building heights shall be regulated using a common point for reference in measurement. Heights will vary based on distance from the common or controlling reference point. (Refer to Schedule “F” of By-law 129-90 for general illustration details)
Measured from the east limit of the Ridgeway Road street allowance at property line for a distance perpendicular of 30 m
i. Maximum Building Height – 4.5 storeys or 19.0 m
ii. Minimum Building Height – 2 storeys or 9.0 m
iii. All other lands beyond 30m – Maximum 3 storeys or 12.0 m
d) Notwithstanding requirements Section 6.21(a) and (b), where a lot is used for a non-residential purpose or a residential development consisting of 3 or more dwelling units, and the interior side or rear lot line or portion thereof abuts a Residential zone, then a strip of land adjoining such abutting lot line, or portion thereof, shall be used for no other purpose than a planting strip with a width of 1.19 m.
e) Notwithstanding requirements Section 6.21(a), a planting strip is not required between residential and non-residential zones where privacy fencing of not less than 1.8 m is erected.
f) Notwithstanding requirements of 6.20(I) to the contrary, no part of any ingress/egress, driveway, drive aisle and parking space is permitted closer than 0.5 m from a residential zone.
g) Notwithstanding requirements of Section 18.3(a), dwelling units are permitted to occupy a maximum of 66% of the ground floor area of buildings.
h) Notwithstanding requirements of Section 18.3(e), a minimum area of 5.0 sq m shall be provided by way of private open-air balcony space directly adjoining a residential unit.