Crystal Beach Tennis and Yacht Club. v. Fort Erie (Town), 2025 CanLII 59838

Tribunal ontarien de l’aménagement

ISSUE DATE: June 09, 2025

CASE NO(S).: OLT-22-000220

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended

Appellant: Crystal Beach Tennis & Yacht Club Appellant: 3101669 Nova Scotia Company, 1609652 Ontario Ltd. Subject: Proposed Official Plan Amendment No. 56 Municipality: Town of Fort Erie OLT Lead Case No.: OLT-22-002220 OLT Case No.: OLT-22-002220 OLT Case Name: Crystal Beach Tennis and Yacht Club. v. Fort Erie (Town)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant: Crystal Beach Tennis & Yacht Club Appellant: 3101669 Nova Scotia Company, 1609652 Ontario Ltd. Subject: By-law No. BL 144-2021 Municipality: Town of Fort Erie OLT Lead Case No.: OLT-22-002220 OLT Case No.: OLT-22-002221

Heard: June 2, 2025

APPEARANCES:

Parties	Counsel
Crystal Beach Tennis and Yacht Club (“Appellant”)	Nicholas Macos
Town of Fort Erie	Callum Shedden, Darien Ekbald (student at law)

MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON JUNE 2, 2025, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The appeals are pursuant to s. 17(24) and 34(19) of the Planning Act (“Act”), arising from the decisions of the Town of Fort Erie (“Town”) to adopt Official Plan Amendment No. 56 (“OPA 56”) and Zoning By-law Amendment No. 144-2021 (“ZBA 144-2021”). OPA 56 is also known as the Crystal Beach Secondary Plan (“CBSP”), and the lands subject to this amendment (“Subject Lands”) cover an area of approximately 359.4 hectares. The Town initiated the CBSP in an effort to address parent policies of its Official Plan (“OP”), which directs the Town to undertake more detailed land use planning at a neighbourhood level.

2The Tribunal was informed by email on April 30, 2025, that Crystal Beach Tennis and Yacht Club (“CBTY”) and the Town had reached a Settlement. The Parties agreed to convert the five-day Merit Hearing into this one-day Settlement Hearing.

3In the same email of April 30, 2025, the Town requested an adjournment to the one remaining Appeal (3101669 Nova Scotia Company & 1609652 Ontario Ltd.). Mr. Shedden explained that on consent, 3101669 Nova Scotia Company & 1609652 Ontario Ltd., and the Town were requesting an adjournment until a further CMC could be arranged. The Tribunal directed the Town and counsel to 3101669 Nova Scotia Company & 1609652 Ontario Ltd. to contact the Case Coordinator for a one-day CMC and granted the adjournment.

SETTLEMENT HEARING

4Under Rule 12.1 of the Tribunal’s Rules of Practice and Procedure, the issues to be addressed by the Tribunal when considering a proposed settlement are whether all statutory requirements and the public interests are satisfied.

5Planning evidence and opinion to support revisions to OPA 56 and ZBA to by-law 144-2021 for the Subject Lands was provided by Mr. Mark Iamarino, Manager of Development Approvals for the Town of Fort Erie, with over 13 years of experience in a wide variety of planning matters. Mr. Iamarino is a Registered Professional Planner and a full member of the Canadian Institute of Planners and the Ontario Professional Planners Institute, who has appeared on prior occasions before the Tribunal. He was qualified by the Tribunal to provide expert land use planning evidence.

Site Context and History

Mr. Iamarino provided a comprehensive contextual and planning rationale in support of the requested amendments to OPA 56 and ZBA 144-2021.

6The subject lands are known municipally as 1-25 Nantuckett Road in the Crystal Beach neighbourhood in Fort Erie. He described the Subject Lands as irregularly shaped and comprised of 15 lots, including 13 residential lots, a private road (Nantuckett Road), and a remnant parcel along Erie Road, with a combined area of approximately 1.11 hectares (2.75 acres) and a combined lot frontage of approximately 168 metres on the south side of Erie Road. The southerly portion of the Subject Lands contains sand dunes associated with the Lake Erie shoreline. The Subject Lands are surrounded by the following uses: north – Erie Road and mixed-use development; east – single detached dwellings; south – single detached dwellings, and west – vacant mixed-use land.

7Mr. Iamarino informed the Tribunal that on January 23, 2025, Town staff met with the Appellant to review a revised proposal for a four (4)-storey apartment building, with four (4) commercial units on the ground floor and 48 residential units on the upper floors, supported by 71 surface parking spaces. The proposed amendments to the CBSP and the Zoning By-law to permit the development option were supported by Staff and Council, along with the inclusion of commercial use and increased building height which is subject to the inclusion of additional policies and regulations, including those related to parking and building orientation.

8Mr. Iamarino testified that the Settlement warrants approval on the following grounds:

a) The proposed residential use is compatible with the adjacent land uses.

b) The proposed residential use will provide an opportunity for residential intensification and will make efficient use of the existing services and infrastructure.

c) The proposed residential use will increase the housing supply and diversifies the housing stock of the Town.

d) Revisions adopt a housing form that is able to accommodate a higher density while maintaining a compatible built form with the surrounding area.

e) The revisions ensure a use and built form compatible with the scale and character of the immediate surrounding area.

9The Tribunal notes that Counsel for the Appellant was in agreement with the opinions and evidence provided by Mr. Iamarino.

CONCLUSION

10Based on the uncontested evidence of Mr. Iamarino, review of the relevant provisions of the Act, the Provincial Planning Statement (“PPS”), the Region’s OP and the Town’s OP, this Tribunal is satisfied that the proposed settlement has:

(a) due regard for all applicable matters under s. 1 and 2 of the Act;

(b) is consistent with the relevant sections of the PPS;

(d) is fair and reasonable, respects principles of good planning and is in the public interest.

11The Tribunal is satisfied that the revisions to OPA 56 and the ZBA as it pertains to the Subject Lands achieve important local and provincial policy objectives.

12Further, the Tribunal commends the Parties in working collaboratively in order to reach a settlement in these proceedings.

ORDER

13THE TRIBUNAL ORDERS THAT the appeal is allowed in part, and Official Plan No. 56 for the Town of Fort Erie is amended as set out in Attachment 1 to this Order.

14THE TRIBUNAL ORDERS THAT the appeal is allowed in part, and Zoning By-law No. 144-2021 of the Town of Fort Erie is hereby amended as set out in Attachment 2 to this Order.

“D. Chipman”

D. CHIPMAN MEMBER

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.

ATTACHMENT 1

4.22.9.15 Crystal Beach Tennis and Yacht Club - Westerly Land along Erie Road

Re-designation of these lands follows an expressed desire towards contribution to the residential density, street presence and built environment at this key location within the core area of the Secondary Plan.

a) The site shall be reserved for block townhouses, stacked townhouses, apartment units and their accessory uses, and ground floor commercial uses in apartment buildings, and shall generally be governed by the Residential policies of Section 4.7 unless otherwise defined under this section.

b) Ground floor commercial uses in an apartment building shall be reserved for a variety of retail stores, service shops, offices, clubs or halls, places of amusement or recreation, and civic or governmental uses.

c) Commercial uses shall be limited to maximum gross floor area of 350 square metres.

d) The building face and resident/pedestrian access should integrate with Erie Road. If the tenure requires membership in the Crystal Beach Tennis and Yacht Club (CBTYC) to the east, a single point of vehicular access from Erie Road is permitted and shall align with Cambridge Place, and a second vehicle access point can be integrated the with existing abutting CBTYC points of vehicular access to the east. If the property is developed independently from CBTYC to the east, a single access to the site from Erie Road is permitted which shall align with Cambridge Place. Direct private unit driveways onto Erie Road are not permitted.

e) Commercial uses are required to provide frontage along and direct public access from Erie Road.

f) Parking for commercial uses shall she provided on-site.

g) A Medium Density range of 25 to 50 units per hectare will assist in making efficient use of existing and proposed infrastructure and providing opportunities to diversify medium density housing stock and form.

h) The following height restrictions shall apply:

i. Block townhouses dwellings and stacked townhouse dwellings up to a max of 3 storeys;

ii. Apartments up to a max of 4 storeys where the ground floor of the apartment is occupied entirely of commercial uses. Where any portion of the ground floor is occupied by residential use, the apartment shall have a maximum height of 3 storeys; and

iii. Rooftop patios are permitted on apartment buildings of 3 storeys or less.

i) Building placement should be in proximity to the southerly limit of the Erie Road allowance to provide balance and frame the streetscape with similar massing permissions to that which are afforded on the opposing (north) side of Erie Road.

ATTACHMENT 2

RM1-688(H) (144-2021) Crystal Beach Tennis and Yacht Club - Westerly Land along Erie Road

These lands are zoned “Residential Multiple 1 (RM1-688(H)) Zone”, and all of the provisions that relate to lands zoned “Residential Multiple 1 (RM1) Zone” by this by-law shall apply to those lands zoned “Residential Multiple 1 (RM1-688(H)) Zone”, subject to the following special provisions:

a) Notwithstanding the list of Permitted Uses in Section 14.2, these lands may only be used for the following:

i. block townhouse dwellings

ii. stacked townhouse dwellings

iii. apartments

iv. uses, building and structures accessory to the foregoing permitted uses

b) Minimum site density for all combined unit types shall be 25 un/ha.

c) Maximum site density for all combined unit types shall be 50 un/ha.

d) The Lot Frontage for the property is deemed to be the Erie Road frontage and the front yard setback shall be taken from the Lot Frontage. The Westerly and Easterly lot lines shall be deemed to be interior side yards, and the Southerly lot lines shall be the rear yard.

e) Regulations for block townhouses and stacked townhouses as per Section 14.3 except that:

i. min. unit frontage – 6.0m

ii. min. front yard – 3.0m (Erie Road)

iii. max. front yard setback – 6.0m (Erie Road)

iv. min. rear yard – 25.0m (south property line)

v. min. distance from dwelling to parking area – 3.0m

vi. min. int. side yard – 1.5m

vii. min. ext. side yard – 3.0m (to private road)

viii. max. building height - 3 storeys and 12m

ix. min. parking – 1 space per unit

f) Regulations for apartments per Section 15.3 except that:

i. min. lot area - 1.0 ha.

ii. min. lot area per dwelling unit – not applicable

iii. setback from Erie Road – min. 3.0m and max. 6.0m

iv. min. interior side yard – 3.0m

v. min. rear yard – 25.0m (south property line)

vi. max. height - 4 storeys and 15.0m where the ground floor contains commercial uses only; 3 storeys and 12.0m where the ground floor contains residential units

vii. min. parking – 1 space per unit

viii. max. density – 50 un/ha

ix. A rooftop patio is permitted on an apartment building of three storeys or less

g) Commercial uses listed in Section 26D.2 may be permitted on the ground floor of an apartment, except for:

building supply and sales
commercial schools
custom brokers
custom workshops
department stores
eating establishments
garden centres
hotels
motels
private parking lots
public parking garages
public parking lots
public transportation depots including bus stations and rail stations
taverns

h) Commercial uses shall be limited to a maximum combined floor area of 350 square metres.

i) Drive-Thru Lanes are prohibited.

j) Outside storage for commercial uses is prohibited.

k) Notwithstanding Section 6.20(A)(ii), parking for commercial uses shall be required on-site at a rate of 1 parking space per 30 sq m of gross floor area.

l) That pursuant to Section 36(1) of the Planning Act, the “H” Holding Symbol shall not be removed until such time as:

a. The Owner submits a Functional Servicing Report and it is confirmed that there is sufficient sanitary capacity to the satisfaction of the Town.