Councillors deny application for 10-storey build in Crystal Beach

Fort Erie councillors decided they didn’t need a staff recommendation report for a proposed 10-storey build in Crystal Beach, denying the application at the public meeting stage.

The unusual move came following presentations from proponents for the developers and several opposing remarks from nearby residents.

Typically, public meetings are a chance to introduce a proposed development, outline what official plan and zoning bylaw amendments are being requested, and give residents and politicians the ability to ask questions or share their thoughts.

It lays the foundation for a future staff recommendation report.

However, the opposition to this proposal was overwhelming enough for Councillor George McDermott to bring forward an amendment to deny the official plan and zoning bylaw amendment applications at the meeting on Monday.

“The applicant’s proposal…is an excessive departure from the council approved plan,” he said, referring to the Crystal Beach secondary plan.

At 385 units per hectare, the proposal council heard Monday went well beyond the three-storey, 50-unit-per-hectare limits included in the secondary plan.

“The (Crystal Beach secondary) plan represents a community-driven vision for sustainable and context-sensitive growth,” he said.

McDermott also said there was a lack of consideration of the existing character of the Crystal Beach neighbourhood, and the proposal would potentially remove significant wetland.

“This action would represent a loss of natural heritage,” he said.

There was also some confusion at the meeting over exactly what was being proposed.

At its most basic, the staff report described a 10-storey building with 100 units.

It would include common areas on levels two and three, as well as an indoor pool with lockers and showers on level three, a fitness room on level two, ground floor and rooftop patios, and common “party rooms” on levels nine and 10.

There would also be convenience retail and food service space on level three, which the owners said were intended for the exclusive use of residents, renters and guests. This aspect led to some confusion over whether the build would be subject to requirements associated with commercial zoning.

Above and below ground parking was planned, with vehicular access from Crystal Beach Drive.

Official plan and zoning bylaw amendments would be required to address issues with lot area, lot coverage, setbacks, height and density.

Lou Pompili, speaking on behalf of the developers, said references to the building as a mix of condos, rentals and hotels was meant to provide flexibility.

“The intention is that all the units would be individually owned,” he said, which would mean owners could choose what to do with their individual units.

Pompili also suggested there would be minimal impact on the neighbouring community.

“Everything is self-contained, we’re not expecting to do anything but use the roads to enter and exit,” he said.

Pompili also said many of the questions and concerns would be ironed out as the process moved along.

But few were buying what he was selling, with residents raising concerns about traffic, a lack of parking, environmental concerns, privacy for neighbours, and the structural integrity of the building.

“Sticking a building right on the property line is disrespectful, it shows utter disrespect for your neighbour,” said local resident Ben Burke. “This whole thing is fraught with danger.”

With the application denied, the owners have the ability to appeal to the Ontario Land Tribunal, something Pompili brought up earlier in the meeting as an option should they be denied.

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