Author Archives: theburgwatch

About theburgwatch

Amherstburg's first local blogger since 2011, writing about town council and issues.

Notices – Proposed Zoning Bylaw Amendment 256 Dalhousie

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There also seemed to be some confusion regarding the Notices sent out for the Black Dog Entertainment application.

Councillor Pouget thanked Mr. Parks for his appearance and summarized their March 27 conversation and how she attempted to obtain answers, She asked if he received a letter from the town as he was supposed to regarding this?

Mr. Parks said he had not. It was Councillor Pouget’s understanding that three letters were mailed by Canada Post to the owners of all properties within 120 meters of the proposed development on March 15 2023; yet none of them have received it and they live immediately next door.

Mayor Prue then referred to a list showing every single one that was mailed out to, including every single unit in the Salmoni building.

Councillor McArthur asked if they could hear from staff and Mayor Prue wondered if the planner could explain and verify that these letters were sent out.

Chris Aspila, Dr. Planner, as he called himself, confirmed letters were mailed out March 15, 2023 by staff. 

A member of the audience asked how many to 252 were mailed out?

Mayor Michael Prue said it was a reasonable question, how many went to the Salmoni building?

Dr. Planner said all of the letters that are indicated in the appendix showed the roll numbers and the information of who was notified by the staff; it’s attached to the report. Aspila then said the Planning Act notices were required to go to the condo Corporation rather than the individual property owners.

I found one on the list sent to 252 Dalhousie Street.

Listen to the audio:

O. Reg. 545/06: ZONING BY-LAWS, HOLDING BY-LAWS AND INTERIM CONTROL BY-LAWS under  Planning Act, R.S.O. 1990, c. P.13 section 4 states, in part:

(4) Notice shall be given,

(a) by personal service or ordinary mail, to every owner of land within 120 metres of the subject land, subject to subsections (5) and (6); and

(b) by posting a notice, clearly visible and legible from a public highway or other place to which the public has access, at every separately assessed property within the subject land or, if posting on the property is impractical, at a nearby location chosen by the clerk of the municipality or the secretary-treasurer of the planning board.  O. Reg. 545/06, s. 5 (4).

(6) For the purposes of clause (4) (a), if a condominium development is located within 120 metres of the subject land, notice may be given to the condominium corporation, according to its most recent address for service or mailing address as registered under section 7 of the Condominium Act, 1998, instead of being given to all owners assessed in respect of the condominium development.  O. Reg. 545/06, s. 5 (6).

(7) Notice shall be given by publishing a notice in a newspaper that, in the opinion of the clerk of the municipality or the secretary-treasurer of the planning board, is of sufficiently general circulation in the area to which the proposed by-law would apply that it would give the public reasonable notice of the public meeting or open house, as the case may be.  O. Reg. 545/06, s. 5 (7).

(8) Every person and public body that has given the clerk of the municipality or the secretary-treasurer of the planning board a written request for a notice to which this section applies (including the person’s or public body’s address, fax number or email address) shall be given notice by personal service, ordinary mail, fax or email.  O. Reg. 545/06, s. 5 (8); O. Reg. 179/16, s. 2 (1).

Robert Brown’s Planning Report – 256 Dalhousie

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There seemed to be some confusion at the April 11, 2023 Special Council Meeting regarding the proposed Zoning By-law Amendment for 256 Dalhousie Street.

The Notice stated that comments had to be submitted by Thursday, April 6, 2023 before the meeting and would be read aloud prior to the application being heard by Council.

Mr. Robert Brown, a professional planner, spoke at the April 11 meeting on behalf of some Salmoni building residents. Brown said he provided some information to council and wanted to summarize it. He referred to the town report that included several pages of support but it seemed to not include comprehensive feedback that he submitted on behalf of his clients on April 3.

The April 11 agenda included several attachments; one was a Summary of Correspondence Received on Proposed ZBA for 256 Dalhousie Street by the Planning Services Division as of March 30, 2023.

Councillor Pouget asked about Mr. Brown’s submission; listen to the audio recording.

Brown said he sent a separate submission to planning on April 3. Councillor Pouget asked if council received his entire submission. Councillor Linden Crain said he trusted the clerk, that it’s in Sharepoint.

I requested, and received, a copy of Robert Brown’s report. I deleted personal information.

Windsor Police Comments – 256 Dalhousie ZBA

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I requested the Windsor Police report regarding the proposed zoning by-law amendment for 256 Dalhousie Street, which CAO Critchley provided.

On Wednesday, March 15, 2023, 3:06 PM, Renee Guthrie, Town of Amherstburg, emailed the following to local agencies, including Barry Horrobin, Windsor Police Service:

As per Planning Act regulations please find attached for your information and comment the circulation of a notice of public meeting and supporting documents for; 

  • Proposed ZBA at 256 Dalhousie St.
  • Proposed ZBA and OPA for 320 Richmond St.

We will be holding the statutory public meeting on April 11th and would like to request you provide the Town with any comments you may have by March 22nd, 2023. 

On March 17, 2023, 9:32 AM, Barry Horrobin emailed:

My comments for these two applications are as follows: 

256 Dalhousie Street 

The Windsor Police Service has no concerns or objections with the proposed Zoning By-law amendment for this property. The end result from this will not inhibit emergency response or police service delivery capability and is not anticipated to create any negative public safety consequences. 

320 Richmond Street 

The Windsor Police Service has no concerns or objections with the proposed Official Plan and Zoning By-law amendments for this property. The end result from this will not inhibit emergency response or police service delivery capability and is not anticipated to create any negative public safety consequences. 

I have requested a copy of the Windsor Police report by Barry Horrobin that formed the basis for his comments.

Still Awaiting Answers

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I emailed members of council,

t’s now been one week since I requested a comment for my blog regarding Emails to council read by Administration about the history of this: For how long has this practice been occurring? When and why was it initiated and by whom?

it’s now been four weeks since I requested a description of the undue hardship the town would endure if all the Open Air barriers were to be removed so everyone could equally participate in the community, on and in publicly owned public spaces, as i explained on Monday, March 13, 2023.

Emails To Council Read By Administration

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No answer has yet been provided in response to my April 6 email to Councillor Pouget and CAO Critchley requesting a comment, for the burg watch, about the history of this. 

“For how long has this practice been occurring? When and why was it initiated and by whom?

When I questioned why four people being copied on one of my emails needed to have my personal information, Deputy CAO Osborne explained, ‘Emails from the public requesting responses to questions are shared with Administrative staff who are required to provide information for the responses. The Town’s privacy policy is posted on the website.’  

One staff member responded so that still doesn’t explain why four people needed to be informed.

If staff are required to provide information for the responses, why haven’t I received answers to my questions, for example, to Anne Rota about her Open Air statements, or to council about what hardship the town would endure if Open Air barriers were removed?”

Proposed Hotel – From An Accessibility Perspective

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How accessible is a hotel that provides no accessible parking and stairs?

Last fall I asked what accessibility guidelines the town provides to developers? who ensures accessibility is included in the site plan review? 

Deputy CAO Osborne wrote, in part, that Administration reviews site plans and drawings for compliance with legislative requirements.

While I awaited administration’s answer, I emailed Architectural Design Associates (ADA) about the proposed hotel: one of the pictures depicts stairs at the rear entrance to the building. how accessible will the stairs be? also, how many accessible units are proposed?

I followed up with ADA but still received no response.

Following the mandatory April 11, 2023 4:30 pm meeting, I have more questions about public safety and accessibility:

  • How will council be satisfied that undue traffic hazards would not arise?
  • Did Windsor Police Service provide a ‘fulsome’ report? 
  • Was public safety regarding the rental of electric scooters considered? 
  • Were municipalities like Toronto and Paris that banned electric scooters compared? 
  • Were statistics regarding the number of injuries and deaths from electric scooters considered? 
  • How will bike rentals be accessible if they are located downstairs?
  • How will people using mobility devices access the restaurant at the back of the building if stairs pose a barrier? 
  • How would a person using a mobility device exit through the back stairs in an emergency?
  • How is the restaurant accessible if people with hidden disabilities have to travel to the front building entrance?
  • How will ‘fully accessible’ be interpreted, by whom and by what standards? 
  • If the hotel has two accessible rooms, where will people with disabilities park? 
  • Has walking distance from available parking for persons with various types of disabilities been considered?
  • If streets are not closed, and a person with a disability is dropped off in front of the hotel, will curb cuts be installed to enable access by persons with disabilities who use wheeled assistive devices? 
  • Does the magnitude of the development warrant the provision of parking spaces for persons with disabilities?
  • Has public health and safety concerns, as mentioned in the Provincial Policy Statement, been addressed? 
  • Has ‘improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society’ as mentioned in the Provincial Policy Statement been considered?
  • As mentioned in the Official Plan, in reviewing development applications, has serious consideration been given to the creation of a barrier free environment?
  • Also as mentioned in the Official Plan, has the town encouraged developers to provide barrier free developments?
  • Do Zoning By-law parking requirements for 1.25 spaces per unit of a hotel conflict with the Official Plan?

Accessible Amherstburg Library History Revisited

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As the Amherstburg library branch celebrates its 110 year history, I reflect on what it took to ensure it was accessible to everyone.

The Ontario Human Rights Commission Investigator noted the town remained silent throughout my ten-year campaign to make the Carnegie library accessible. The Ontario Human Rights Commission highlighted the case in its Annual Report and the town credited others with my accomplishment.

In addition to ignoring my accessibility requests, the town disregarded government funding initiatives that prioritized accessibility. When I questioned the marina, instead of changing the priority project to the library, the town withdrew its funding application.

In 2001, I requested that council include accessibility in the tender for library repairs; instead, the town donated $710,000 for a replica of the HMS Detroit, for which taxpayers incurred a 9% tax hike over a two-year period.

Today, it’s disappointing to see the Amherstburg library promote sponsoring businesses that may have accessibility issues: River Bookshop, Richmond Popcorn, Caffeine and Co., Panneteria. Screenshot of Essex County Library page. I do not shop local if I encounter barriers.

It should be noted that heritage buildings can be made accessible so everyone could equally participate, but it requires a commitment to universal design, inclusivity and human rights.

I commented and also emailed the library board to let them know that the Essex County Library website may have accessibility issues.

Petition In Opposition of Proposed Amendment – Hotel

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The petition sets out seven reasons for the opposition of the Zoning By-law Amendment application regarding 256 Dalhousie Street and a proposed boutique hotel.

A Statutory Public Meeting to Consider a Zoning By-law Amendment will be held on Tuesday, April 11, 2023 at 4:30 pm.The amendment, if approved at a future meeting of Council, will amend the existing site specific Commercial General Zone to permit 0 m rear yard setback where a 7.5 m rear yard setback is required.