Concerns raised by local resident due to parking in lieu request

By Ron Giofu

A request to pay $9,700 in lieu of two parking spots for a building being refurbished caused concern for a local resident.

Staff recommended the money be accepted by the town and be placed in the town’s parking reserve. A report co-authored by planner Sarah French and heritage planner Adam Coates stated property owner Adam Rossetto is proposing the adaptive reuse of the building at 79 Murray St., at the corner of Ramsay St., and received endorsement from the heritage committee on the design.

“The applicant is proposing a change of use to one residential unit and two retail storefronts. The addition and change in use triggered a zoning bylaw review, and that review identified that the property is deficient in parking spots,” the report states. “The subject property is designated General Commercial in the Town of Amherstburg Official Plan and zoned Commercial General (CG) in the Zoning Bylaw.”

The report pointed out on-street parking spaces and a nearby lot in the area, adding the payment in lieu policies are “not appropriate in all cases, however in the case of a renovation and façade improvement of an existing heritage building, it is reasonable to not request that the property owner provide parking on a property that has historically not had parking.”

“The use of the payment in lieu option for the existing building with the downtown core for a heritage property is appropriate. The proposed use of the building as a retail store is traditionally not a use that attracts an abundance of traffic. Typically, retail stores along downtown streets are not a main destination where drivers make one-stop trips specifically to the store, but rather they are a stop along the way for pedestrians and tourists while visiting the downtown area,” the report added.

Amherstburg resident Linda Saxon told town council that the zoning bylaw states that it shall not be interpreted that it alleviates any government regulations, meaning the Accessibility for Ontarians with Disabilities Act (AODA) supersedes the zoning bylaw.

“The draft urban design guidelines also acknowledge that where there are conflicts, the AODA regulations will prevail,” said Saxon.

Saxon reminded council of the parking issue in front of the Rotary clock, at Richmond and Dalhousie streets. She said council was advised that there would need to be a review from the accessibility and risk management side to ensure everything was in compliance.

“Under the AODA, the town is obligated to consult with the public and those with disabilities on the need, location and design of accessible on-street parking spaces,” she said. “Second, the town must consult with its accessibility advisory committee. I would emphasize the AODA sets minimum standards and other factors warrant consideration.”

Factors could include the number of seniors in town and whether there is space for new parking lots.

“I would rather have a payment in lieu policy stipulate parking reserves be allocated to new parking spaces than parking studies,” she said. “Typically, transportation and parking studies are based on the average walking ability which excludes people with hidden mobility disabilities who can walk only a short distance without serious health consequences.”

According to Saxon, the report states the built environment is a reflection of a time before the advent of vehicles.

Saxon also referenced a section where it states modern parking in heritage areas and traditional main streets can create conditions that erode the urban fabric.

“It’s 2023,” she said. “We have legislation like the AODA. Before council approves the continuation of a parking space deficiency, I request you consult the public to ensure compliance.”

Mayor Michael Prue said the building is not a new build, but a restoration.

Councillor Diane Pouget asked if the public was allowed to comment on the request.

Clerk Kevin Fox said if the town is constructing on-street parking locations, there is a requirement to do public consultation. He said the recommendation at the meeting was to take the money in lieu and use it when the spots are created.

“There is no recommendation to create an on-street parking space. At the point in which council would like to create an on-street parking space that is accessible, there is a requirement to consult with people with disabilities, the accessibility advisory committee and members of the public,” said Fox.

Deputy CAO/director of development services Melissa Osborne said there are “a couple of parking spots at the existing facility. One of them will be a barrier-free spot for 79 Murray St., on their property. The challenge that they’re having is the parking requirements means they would need two more spots on their property which is simply not able to be accommodated in that footprint.”

Osborne said the developers are requesting to pay money to the town in lieu of that. She compared it to the proposed Harvey’s development. The money would go into the parking reserve to address parking in the town’s core. Town council approved the staff recommendation.

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