The Municipal Corporation of theTown of Fort Erie

BY-LAW NO. 58-11

BEING A BY-LAW TO AMEND ZONING BY-LAW 129-90TO IMPLEMENT OFFICIAL PLAN AMENDMENT NO.6 AND

OFFICIAL PLAN AMENDMENT NO. 66GATEWAY SECONDARY PLAN AREA

VARIOUS LANDS IN THE TOWN OF FORT ERIEAND TO REPEAL BY-LAW NO. 20-11

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WHEREAS the Council ofthe Town ofFort Erie adopted the Fort Erie International Gateway UrbanDesign Strategy in principle on June 14,2004 through Recommendation No. 22, as a guide for theongoing long-tenn implementation of the strategic recommendations for community renewal anddevelopment contained therein, and;

WHEREAS the Council of the Town ofFort Erie adopted By-law 66-09 on May 11,2009, being anInterim Control By-law for the Fort Erie International Gateway Corridor Area, restricting developmentin the area until new land use and zoning designations are in place implementing the Fort ErieInternational Gateway Urban Design Strategy, and;

WHEREAS the Council ofthe Town ofFort Erie adopted By-law 37-10 on April 12, 2010, having theeffect ofextending the Interim Control By-law for the Fort Erie International Gateway Corridor to May11,2011, and;

WHEREAS a Public Meeting pursuantto Section 34(12) ofthe PlanningAct R.S. 0. J990, c. P. J3 washeld on October 4, 2010, and;

WHEREAS on March 21,2011 Council gave first and second reading to By-law 18-11, By-law 19-11,and By-law 20-11, being the Official Plan Amendments and Zoning By-law Amendment implementingthe Gateway Secondary Plan, and;

WHEREAS Council approved changes to the Official Plan Amendments and Zoning By-lawAmendment implementing the Gateway Secondary Plan after considering Report CDS-023-l1 on May2, 2011, and;

WHEREAS to incorporate those changes, new by-laws, being By-law 56-11, By-law 57-11 and By­law 58-11, have been prepared for first, second and third reading to replace By-law 18-11, By-law 19­11 and By-law 20-11, and;

WHEREAS Amendment No. 66 to the Official Plan for the Fort Erie Planning Area ("GatewaySecondary Plan") was adopted by the Council of the Town ofFort Erie on May 9, 2011, and;

WHEREAS Amendment No.6 to the new Council-adopted Town ofFort Erie Official Plan ("GatewaySecondary Plan") was adopted by the Council of the Town of Fort Erie on May 9, 2011, and;

BY-LAW NO. 58-11 2

WHEREAS the Council of the Town of Fort Erie deems it desirable to pass an amendment toComprehensive Zoning By-law No. 129-90 pursuant to their decision at the March 21 , 2011 CouncilMeeting and the May 2, 2011 Council-in-Committee meetings;

NOW THEREFORE the Municipal Council of the Corporation of the Town of Fort Erie herebyenacts as follows:

1. THAT By-law No. 129-90 is hereby amended by adding to "Section 3 - Zones" new zoningcategories as follows:

ZONE SYMBOL SECTIONCore Mixed-Use Zone CMU 26A

Environmental Protection Zone EP 35A

2. THAT By-law No. 129-90 is hereby further amended by adding a new Section 26A as follows:

SECTION 26A - CORE MIXED-USE (CMU) ZONE

26A.l Subject to the General Provisions ofSection 6 and all other applicable requirements ofthis By-law, the provisionsof this section shall apply to all Core Mixed-Use (CMU) Zones.

26A.2 PERMITTED USES

• 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• Custom Workshops• Day Nursery• Department Stores• Dry Cleaning Outlets• Eating Establishments• Garden Centres• Hotels• Laundries and Laundromats• LCBO Outlets• Motels• Personal Service Shops• Pharmacies• Places of Entertainment, Recreation or Assembly• Post Offices

BY-LAW NO. 58-11• Printing Establishments• Private or Commercial Clubs• Public Libraries• Public Parking Garages• Public Parking Lots• Public Transportation depots including Bus Stations and Rail Stations• Religious, Fraternal or Public Institutions• Retail Stores• Service Shops• Studios• Supermarkets• Taverns• Video Outlet Sales and Rental Establishments• Dwelling Units• Uses, buildings and structures accessory to any permitted commercial use

26A.3 ZONE REGULATIONS

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• The minimum lot area shall be 0 sq.m.• The minimum lot frontage shall be Om• The minimum front yard and exterior side yard setback shall be Om• The minimum interior side yard setback shall be Om, except that a minimum interior side yard setback of

2.5m shall be required abutting a Residential Zone.• The minimum rear yard setback shall be 4.5m except that a minimum rear yard setback of 10m shall be

required abutting a Residential Zone.• The maximum building height shall be four (4) stories.• Parking for commercial uses permitted by this By-law shall be provided as per the requirements for

Shopping Centres in Section 6.20 of the Zoning By-law.• All off-street parking shall be provided in the rear or side yard and screened from the street line by

decorative fencing and/or landscaping at least 1.2m in height.• Dwelling units shall comply with Section 18.2 of this By-law• A minimum of 18.5 sq.m. of open area shall be provided on-site for the exclusive use ofeach dwelling

unit, and may also be provided by way ofprivate open-air balcony space directly adjoining a residentialunit.

3. THAT By-law No. 129-90 is hereby further amended by adding a new Section 35A as follows:

SECTION 35A - ENVIRONMENTAL PROTECTION (EP) ZONE

35A.l Subject to the General Provisions ofSection 6 and all other applicable requirements ofthis By-law, the provisionsof this section shall apply to all Environmental Protection (EP) Zones.

35A.2 PERMITTED USES

a) Passive non-structural conservation and resource management usesb) Flood and erosion control worksc) Minor additions, enlargements and reconstruction ofexisting uses in compliance with the regulations of

the Niagara Peninsula Conservation Authority

35A.3 ZONE REGULATIONS

IMinimum Lot Frontage, Area and Yard Requirements I As existing

BY-LAW NO. 58-11 44. THAT By-law No. 129-90 is hereby further amended by changing the zoning of the lands

shown on Schedules "A" attached to this By-law as follows:

Part 1Change from "General Commercial C2 Zone" and Shopping Centre Commercial C6 Zone" to"Open Space OS-445 Zone" and add the following exception to the OS Zone:

These lands are zoned "Open Space OS-445 Zone" and all ofthe provisions that relate to lands zoned "Open Space OS Zone"by this by-law shall apply to those lands zoned "Open Space OS-445 Zone" on the attached Schedule A subject to thefollowing special provisions:

a) Notwithstanding the permitted uses ofSection 33.2 these lands shall be used for no other purpose than a public orprivate open space amenity area.

Part 2Change from "Public P Zone" to "General Commercial C2 Zone"

Part 3Change Part 3 from "Residential 2 R2 Zone" to "General Commercial C2 Zone"

Part 4Change Part 4 from "General Commercial C2 Zone" and "Shopping Centre Commercial C6 Zone" to"Residential Multiple 1 RM 1-446 Zone" and add the following exception to the RM 1 Zone:

These lands are zoned "Residential Multiple I RMI-446 Zone" and all of the provisions that relate to lands zoned"Residential Multiple I Zone" by this by-law shall apply to those lands zoned "Residential Multiple I RM 1-446 Zone" on theattached Schedule A subject to the following special provisions:

a) The overall residential density for this district shall be a minimum of25 units per gross hectare and a maximum of50 units/gross hectare.

b) Apartment houses to a maximum height of three (3) stories shall also be permitted in this zone and shall bedeveloped in accordance with the provisions ofSection 15 ofthis By-law, provided that the density is in accordancewith subsection a) above.

PartSChange Part 5 Change from "General Commercial C2 Zone", General Commercial C2-157 Zone","General Commercial C2-191 Zone", "Shopping Centre Commercial C6 Zone" and "Institutional IZone" to "Core Mixed Use CMU-447 Zone" and add the following exception to the CMU Zone:

These lands are zoned "Core Mixed-Use CMU-447 Zone" and all ofthe provisions that relate to lands zoned "Core Mixed­Use CMU Zone" by this by-law shall apply to those lands zoned "Core Mixed-Usc CMU-447 Zone" on the attachedSchedule A subject to the following special provisions:

a) Notwithstanding the requirements of Section 26A and any additional requirements set out in By-law 58-II,uses lawfully existing as of the date ofpassing of By-law 58-II shall be deemed to be permitted uses, and thelocation of existing buildings and parking areas shall be deemed to be compliant with this By-law. Anyproposed uses, additions and/or expansions to existing buildings shall be required to conform to therequirements of this By-law.

b) Notwithstanding the requirements ofSection 26A, buildings used solely for residential purposes as described inSection 14 ofthis By-law shall be permitted, provided they arc setback a minimum of65m from Garrison Road.All other Zone requirements of Section 14 of this By-law shall apply to such uses.

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c) Notwithstanding the requirements ofSection 26A, buildings used solely for residential putposes as described inSection 15 of this By-law shall be permitted, provided they are setback a minimum of65m from Garrison Roadand are no greater than four (4) stories in height. All other Zone requirements of Section 15 of this By-lawshall apply to such uses.

d) Notwithstanding the requirements ofSection 26A, for buildings in this Zone with exterior walls that front uponGarrison Road, the use ofthe ground floor shall be restricted to commercial use in accordance with this By-law.Floors above the ground floor may be used for either commercial use or residential use in accordance with thisBy-law.

Part 6Change Part 6 from "General Commercial C6 Zone and Residential Multiple 2 RM2-53 Zone toResidential 2 R2 Zone".

Part 7Change from "Open Space as Zone and Residential I RI Zone" to "Environmental Protection EPZone".

PartSChange from "Open Space as Zone " to "Environmental Protection EP-448 Zone" and add thefollowing exception to the EP Zone:

These lands are zoned "Environmental Protection EP-448 Zone" and all of the provisions that relate to landszoned "Environmental Protection EP Zone" by this by-law shall apply to those lands zoned" EnvironmentalProtection EP-448 Zone" on the attached Schedule A subject to the following special provisions:

a) Notwithstanding the requirements of Subsection 35A.2, the subject lands may also be used for operationscarried on by or on behalfofthe Niagara Parks Commission, including but not limited to open space, parkland.recreational uses, and all accessory uses to such operations, subject to compliance with applicable regulationsofthe Niagara Peninsula Conservation Authority.

Part 9Change from "Open Space as Zone " to "Environmental Protection EP-449 Zone" and add thefollowing exception to the EP Zone:

These lands are zoned "Environmental Protection EP-449 Zone" and all of the provisions that relate to landszoned "Environmental Protection EP Zone" by this by-law shall apply to those lands zoned " EnvironmentalProtection EP-449 Zone" on the attached Schedule A subject to the following special provisions:

a) Notwithstanding the requirements of Subsection 35A.2, the subject lands may also be used for operationscarried on by or on behalfofthe Buffalo and Fort Erie Public Bridge Authority and all accessory uses to suchoperations, subject to compliance with applicable regulations ofthe Niagara Peninsula Conservation Authority.

Part 10Change from "General Commercial C2 Zone" to "Open Space OS-450 Zone" and add the followingexception to the as Zone:

These lands are zoned "Open Space OS-450 Zone" and all of the provisions that relate to landszoned "Open Space as Zone" by this by-law shall apply to those lands zoned "Open Space OS-450Zone" on the attached Schedule A subject to the following special provisions:

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a) Notwithstanding the permitted uses ofSection 33.2 these lands shall be used for no other purpose than a naturalbuffer area incorporating the existing woodlot, as well as the conservation ofplant and wildlife. No trees maybe removed from this area other than for the purpose of maintaining the health and integrity of the overallwoodlot.

5. THAT the lands identified on Schedules A as Parts I through 10 inclusive attached heretoare situated in the "Gateway Secondary Plan Area", generally bounded by Concession Roadon the west, Albany Street on the south, the Niagara River on the east and the QueenElizabeth Way on the north, and consist ofParts ofLot I in Concession I NR and Part oftheMilitary Reserve, all fonnerly in the Township of Bertie and the Town of Fort Erie, now inthe Town of Fort Erie in the Regional Municipality ofNiagara.

6. THAT pursuant to the provisions of Sections 23.1 to 23.5 inclusive of the Municipal Act,2001, as amended, the Clerk of the Town of Fort Erie is hereby authorized to effect anyminor modifications or corrections solely of an administrative, numerical, grammatical,semantical or descriptive nature or kind to this by-law or its schedules as such may bedetennined to be necessary after the passage of this by-law.

7. THAT first and second reading of By-law No. 20-11 be hereby repealed.

8. THAT this by-law shall not come into effect until the Regional Municipality ofNiagara hasapproved Official Plan Amendment Nos. 6 and 66 to adopt the Gateway Secondary Plan.

READ A FIRST, SECOND AND THIMAY, 2011.

I, the Clerk, Carolyn J. Kett, of The Corporation of the Town of Fort Erie hereby certify the foregoing to be a truecertified copy of By-law No. 58-11 of the said Town. Given under my hand and the seal of the said Corporationthis _ day of 2011.

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