Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 11, 2026
CASE NO(S).: OLT-25-000737
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Crystal Ridge Homes
Subject: Zoning By-law
Description: To permit the development of 7 townhouses
Reference Number: ZBA-08-2025
Property Address: 3957 Rebstock Road
Municipality/UT: Fort Erie/Niagara
OLT Case No: OLT-25-000737
OLT Lead Case No: OLT-25-000737
OLT Case Name: Crystal Ridge Homes v. Fort Erie (Town)
Heard: May 6, 2026, by Video Hearing
APPEARANCES:
Parties
Counsel
Crystal Ridge Homes
Thomas G. Hanrahan
Town of Fort Erie
Nikolas Koschany Denise Baker (in absentia)
DECISION DELIVERED BY SHARON L. DIONNE AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a Hearing to consider a settlement of an appeal against the decision of the Council of the Town of Fort Erie (“Town”) to refuse Crystal Ridge Homes’s requested amendments to the Town of Fort Erie Zoning By-law (“ZBL”), to rezone the Property municipally known as 3957 Rebstock Road from “Residential 2 Zone (R2)” to “Residential Multiple 1 Zone (RM1)”, to permit the development of seven townhouse dwellings.
2The Parties have worked to resolve the issues between them and collectively came before the Tribunal to present evidence in support of the proposed amendments to the ZBL.
3The proposed amendments are intended to facilitate intensification of the Property for a maximum number of seven street townhouse dwellings, with specific standards related to a maximum building height of two storeys and 9 metres, no more than four dwelling units in a row, and minimum interior setbacks to adjacent lands.
4There are no issues with respect to Notice of the Hearing, and there are no other Parties or Participants in this matter.
EVIDENCE AND FINDINGS
5The Tribunal marked the following documentation as evidence in the Hearing:
Exhibit 1 – Affidavit of Patric Leigh Whyte, a Registered Professional Planner (“Planner”), dated May 4, 2026
6Having reviewed and considered the Planner’s Curriculum Vitae and Acknowledgement of Expert’s Duty, the Tribunal qualified Patric Leigh Whyte to provide land use planning opinion evidence on the matters before it.
7The Tribunal accepts the uncontradicted opinion evidence of the Planner and the Planner’s recommendations related to the proposed amendments to the ZBL, as set out in Exhibit 1, as being appropriate and good planning.
8With respect to the statutory requirements set out in the Planning Act, R.S.O., 1990, c.P.13 (“Act”), the Tribunal finds that the recommended proposed amendments to the ZBL, as set out in Schedule “A” to this Decision should be approved, in that they are:
i. consistent with the Provincial Planning Statement (2024), given that the Property is already designated for some form of residential intensification and benefits from existing infrastructure, and the proposed site-specific amendments will facilitate a housing form which is appropriately sized for its location, and which is situated appropriately on the Property;
ii. in general conformity with the Official Plans for Niagara Region and the Town in that the planning policy frameworks, including the Crystal Beach Secondary Plan, support the development of residential uses including townhouse dwellings, as an alternative housing type to predominantly single-detached dwellings at an appropriate density, as intensification which will make effective use of existing infrastructure and contribute to the viability of commercial services and facilities in the Crystal Beach area; and,
iii. if approved, would create an opportunity to facilitate the intensification of the Property with seven street townhouse dwellings as an appropriate built form and density, compatible with neighbourhood character and adjacent land uses, representing good land use planning, and being in the public interest.
9The Tribunal makes its findings, having regard to those applicable matters of Provincial interest found in s. 2 (h) and (n) of the Act, namely that the amendments will provide for the orderly development of safe and healthy communities and will resolve planning conflicts involving public and private interests.
10The Tribunal also makes its findings in accordance with s. 2.1 (1) of the Act, in recognition that a settlement has been endorsed by the Town.
ORDER
11THE TRIBUNAL ORDERS THAT the appeal against By-law No. 79-2025 of the Town of Fort Erie is allowed in part and the Tribunal directs the municipality to amend the By-law as set out in Schedule “A” to this Order. In all other respects, the Tribunal Orders that the appeal is dismissed.
12The Tribunal may be spoken to in the event some matter should arise in connection with the implementation of this Order.
“Sharon L. Dionne”
SHARON L. DIONNE
MEMBER
Ontario Land Tribunal
Website: www.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.