Council approval of Rebstock Road property stipulates no rooftop patios

Proponents and town staff may consider it a minor change, but for Fort Erie councillors the inclusion of rooftop patios on the proposed ‘Niagara on the Beach’ development was a step too far, and one that left at least one of them feeling “blindsided.”

Councillors ultimately approved the draft plan of subdivision for the property, known as 0-15850 Rebstock Road, after including an amendment that prohibits rooftop terraces on the townhouse units. The plan includes a total of 90 townhouse units for the property.

“To have this proposal brought forward, yes, it is blindsiding,” said Councillor Joan Christensen.

“It was a compromise, hard fought, hard won, and now something has been slipped in.”

Councillors described an intense negotiating process with owners M5V Developments Inc. that eventually ended in a compromise accepted by the Ontario Land Tribunal. In it, the total unit count went from 154 the developers initially applied for down to the 90 that came before council on Monday night, March 31.

The confusion stemmed from a change to the roof and what constitutes a minor change.

Councillors recalled the compromise including gabled roofs that would fit in more seamlessly with the neighbouring community. And while that style was included in renderings when the compromise was made, the developers of the ‘Niagara on the Beach’ homes switched to rooftop terraces.

Vacca pointed out the final agreement did allow for minor changes.

“The minutes did allow for changes, which is what took place here,” he said, adding planners hired by M5V as well as planners for the town agreed the changes were minor enough to allow the project to go ahead.

Before Councillor Tom Lewis put forward his amendment to prohibit rooftop patios on the site, Councillor Nick Dubanow tried his hand at some further compromise.

“Is there any intent to, perhaps, direct the patios inward, to not have them looking over neighbouring properties?” he asked.

Vacca said from his understanding that was the intent. He also pointed out there were significant setbacks.

“I’m rather disappointed on this, because I do think it was an example of a good compromise,” said Lewis, before introducing his amendment.

In addition to the no rooftop patios amendment, councillors also supported an amendment prohibiting short term rentals (STRs) in the build.

That amendment caused much less consternation as Vacca stated his client has no interest in having units on the property become STRs.

The agreement will see nine blocks with a total of 16 block townhouses and 74 back-to-back townhouses. Vacca said his clients are eager to move forward with the project.

“My clients are ready to proceed with this development without delay and welcome 90 families to this site in the very near future,” he said.

Nearly half the units had presale agreements, and unit prices ranged from $399,000 to $599,000.

“The majority of the presales so far are below $450,000,” Vacca said.

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