Present: Maria Pearson, Sam Merulla, Brian McHattie, Murray Ferguson, Bob Bratina, Dave Mitchell, Dave Braden, Terry Whitehead, Bill Kelly.

Also present: Art Sampson (till end of item 6.2), Tom Jackson (arrived 9:53 am), Larry DiIanni (only from 11:38 to 11:44 during item 6.5).

Media: Eric McGuinness (Spectator), Maggie Hughes (CFMU - until end of item 6.4), Kevin Werner (Brabant), Ken Mann (CHML),

CATCH: Linda Hall and Don McLean

Changes to the agenda: None

Kelly : Welcomes back Brian McHattie from his honeymoon and welcomes Bob Bratina to the committee. "A couple of things I want to talk about as we go through the machinations of the meeting. We've got a pretty heavy agenda here. The last couple of meetings have had heavy agenda as well, and we've actually had to defer a couple of things. We will need to deal with the SPCA thing, that we've put off a couple of times. We're not going to do that. Councillor Jackson who's very much interested in this, of course, has asked that we move this up on the agenda. I'm a little reticent to do that because we have people that are here for public meetings. I don't want them to have to clear the room and have to keep sticking money into the meters in the back parking lot, but what I do want to do is move as quickly as we can through the agenda, so we can get to that. And the time sensitivity for this issue is that Mr. Guthro who's our legal counsel on this case has to be out of here before 1 pm this afternoon, which means we want to have the meeting finished by 1 o'clock this afternoon. So I want you all to keep that in mind as we go through this process this afternoon. I don't want to fast track anything. I want to give everybody their day in court and make sure everyone has an ample opportunity to comment on the issues, but at the same time we do have to move quickly ." Ferguson : Suggests appropriate to deal with SPCA item at 11:30. Kelly says wait and see.

Agenda approved. No declarations of interest. Minutes of last meeting approved. Kelly reminds everyone of the five-minute rule for speaking.

4. DELEGATION REQUESTS

4.1 Ms Mary Flynn-Guglietti, McMillan Binch, representing the Sniderman family, respecting the request to demolish the lobby and auditorium portions of the Tivoli Theatre (Item 8.3)

4.2 Mr. Bogdan Wilk, respecting the proposed development at Carla Avenue and Green Road (Item 8.1)

Approved. Ferguson notes that item 4.1 should be heard as part of 8.3. Clerk points out that both items are for today's meeting.

5. CONSENT ITEMS

5.1 Demolition Permit - 772 Concession Street (PD04267) (Ward 6)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/PD04267.pdf

5.2 Removal of the Holding (H) Provision - Lands Located at 1269 Upper James Street (PD04268) (Ward 7)

5.3 Demolition Permit - 52 Tally Ho Drive (Dundas) (PD04274) (Ward 13)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/PD04274.pdf

5.4 Removal of the Holding (H) Provision - Lands Located at Block 1, 62M-963, 50 Hatt Street (Dundas) (PD04275) (Ward 13)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/PD04275.pdf

5.5 Recommendation to Designate 320 King Street East, Hamilton, Under Part IV of the Ontario Heritage Act (PD04278) (Ward 2)

5.6 Recommendation to Designate 65 5th Concession Road East, Flamborough, Under Part IV of the Ontario Heritage Act (PD04279) (Ward 15)

McHattie : Question on 5.1. "This is actually a demolition permit for a house to create a parking lot on Concession Street. I recall several meetings ago we had a similar situation where one of our parking lots was being taken out of commission, as I recall, and housing put in there, or it went to another use. Kelly points out it was the other way around. ".houses that the Henderson Health Sciences had purchased for their parking structure across the road from Henderson Hospital." McHattie : ".as we go through the GRIDS process, we're looking for infill opportunities and wanting to get MORE housing within the existing city. . and this on the surface goes in the other direction. It removes housing and it puts a parking lot in place, and I'm just wondering if someone can provide me with some rationale behind this. It seems to me that we should have a policy of not losing any housing if we're going into a growth strategy which may lead to an eventual need to expand urban boundaries . of course it's just one house, but it's an incremental cumulative type of thing." Coveyduck : "This property is located in an H commercial zone and a public parking lot is a permitted use. Certainly in residential zones, we certainly try to retain all the residential housing that we can, but there are certain zones in the city, whether they be commercial or industrial, where those are the appropriate uses for the land and in this particular case it is zoned to permit this use." McHattie : "I guess I would just highlight that concern. And I don't know if we can relate this sort of thing, even a comment perhaps in the staff report that relates to some of the work that Steve Robichaud [GRIDS coordinator] is doing for us on GRIDS and how, even just adding up some of these things for us to know how many houses we've lost over the last six months, or this term of council . some method of getting a sense of how this is adding up over the long term. Kelly : "Sure councillor, I'm chairing that advisory committee. I'll make sure that Mr. Robichaud is aware of that. Actually I had a discussion with him about housing and things of this nature last week and I'll make sure that he can get those statistics for us too. I'm sure he's probably got them someplace, but we can make those available."

Whitehead : "I remember a discussion last time when we were looking at demolishing residential houses up in the Concession area . and I thought there was some instruction that we gave to staff relative to - I think we even talked about the downtown bylaw, whether or not it should be expanded to preserve residential housing. So I'd like to ask .staff what is the status of that." McCabe : "Tom Redmond and Building are working on a report right now, and its unfinished business item Y, and its regarding extension of the Planning Act policy that council can actually attach a penalty to demolition permits where they have not proceeded with the re-use within a two-year period. So that should be coming up before the end of the year." Whitehead : "We're trying to promote development, whether it's residential or commercial. This is taking a step backward so I have a lot of reservations when we take down any building to put a parking lot in its place."

Kelly: Anything else on consent. McHattie : .5.3. It's a demolition permit for 52 Tally Ho Drive in Dundas and this maybe fine in the sense that they're planning on building . a new house to replace the demolished house, but at this point in time we don't have a building permit for that. I don't know if we can mandate that, but I would certainly want a clause in here that asks for the building permit to be in place, or I would certainly be intersted in deferring this item or voting against it at this point in time. staff update.?" McCabe : "This committee and council is free to attach that direction to any demolition permit you so wish. The other matter is more of a policy - should we apply it city-wide. So if you want to direct that this demolition permit only be approved with the $20,000 penalty if they don't proceed with the building permit within the two years, that would be appropriate." McHattie moves the motion, seconded by Merulla. Ferguson asks for motion to be repeated. McHattie : . clause added that requests that we have a building permit in hand before a demolition permit is issued." Kelly : ".Mr. McCabe isn't there a 24-month time frame?". McCabe : "Yes it's a two year time frame, but you can make it conditional upon the building permit application for the new building being submitted, as well as the Planning Act's penalty clause being attached to the demolition permit with respect to completion of the new dwelling." Kelly : "So this is really kind of tied into the provincial legislation that's already on the books, councillor." Ferguson : "So you put up $20,000 to get a permit?" McCabe : "No, the legislation allows us to put it on their taxes if they don't proceed to complete the new dwelling within the two year time frame. The Act also allows them to come to council to ask for an extension to that." Ferguson : "In terms of logistics . do you have to get a demolition permit before you get a building permit?" McCabe : "They can be issued simultaneously." Ferguson : "Was that asked for in this case?" McCabe . "Not sure, but you just have to get a building permit. You don't have to proceed to build. That's the problem. That's why you need the penalty with the resolution." Motion carried.

Kelly : Anything else on consent? Councillor McHattie." McHattie : "I'm relaxed. I've been reading this agenda for a week now." Kelly : "On your honeymoon?". McHattie : "That's right. I'm a keener. Item 5.4 is referring to the H provision on 50 Hatt Street in Dundas. I didn't get a chance to talk to the ward councillor about this one ahead of time, but I guess it's a commercial use going in there, drug store I think it is, and in the report staff notes that the Dundas BIA had concerns with the report submitted. And there's a letter attached as an appendix here in our report. Now it also says our staff from downtown renewal will be meeting with the BIA prior to this report being presented to committee today to discuss their concerns, and there's no timing or further reference as to how that meeting went." McCabe : "Ron Marini, myself, Hazel and Paul Moore met with the BIA. It was an excellent meeting. We had them understand the major benefit that this developer's bringing to the Dundas core. There's about 400 new residential units and there'll be another 100 senior's citizens. These are high-end wealthy people that are going to actually increase the sales dollars within the downtown core. Along with the senior citizens development, they're developing a medical clinic, and the pharmacy, in our opinion, I think there's some agreement now, and understanding from the Waterdown [sic] BIA, this is to serve that entire development and overall it's going to be a benefit to the downtown core and it's my understanding that they are now satisfied and will not press on with any concerns with this." McHattie : "It's great to hear the BIA's okay with it. It is a great development, certainly for downtown Dundas." Samson : "I had occasion this morning to meet with the BIA and we discussed that informally, and after I left, Mr. Luftag whose building this particular project is his, he was there and he was going to talk to them about it. Certainly the reaction of the BIA this morning when I was there was certainly going along with the removal of the holding provision."

Kelly : "Anything else on consent, Brian? .Councillor Whitehead?" Whitehead : "I just want to remind the chair that we've had a confidential item that hasn't been addressed, and I believe it's the second, this will be the third meeting that it's appeared on the agenda, and never reached. So I just want to be cognizant of the fact that the last two meetings we never got to that particular item. Item 12.1 and that hopefully this meeting you will be giving the priority that you should." Kelly : "What we're going to do councillor, I know you were talking to a constituent out in the hall which is why you were a couple of minutes late getting in here, but we already addressed that and I explained to them that our legal staff, Mr. Guthro, is only available until just after noon today. So we are going to move just as expeditiously as we can through the agenda to try and get that ."

Consent items moved by Ferguson, seconded by McHattie. Carried. (consent

6. PUBLIC HEARINGS AND DELEGATIONS

6.1 Application to Amend Dundas Zoning By-law No. 3581-86 for Lands Located at 346 Park Street West (Dundas) (PD04272) (Ward 13)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/PD04272.pdf
Applicant is Valvasori Construction. Agent is Sergio Manchia. Seeks conversion of the Hamilton Hydro building to construction offices, a storage facility for tools, equipment and vehicles.

Peter De Iulio provides the staff report. Notes applicants originally applied to change zoning to commercial. "This was amended because the location of the subject lands and the size of the subject lands were not appropriate for commercial uses. The commercial zone also did not permit the proposed use. The light industrial zoning is to be modified so as to only permit the construction industry, such as trade contracting industry, service industry incidental to the construction. it will prohibit any manufacturing, transportation or wholesaling uses. .reduction in number of parking spaces and restrictions on the type of vehicles . includes any type A transport truck and any vehicle longer than 8 metres, tow trucks and buses . the applicants did hold a public meeting on August 18 . error in the staff report on page 7 that states that residents were generally in support of the application. It should have read that the residents were generally NOT in support of this application. Most of the residents were concerned that continuation of the lands for industrail purposes would negatively impact their property values, and the traffic generated by this use would jeopardize the safety of the children walking to the nearby school. Staff has worked with the applicants . to lessen the implications of the continued industrial use on the quality of life of residents and the safety of all pedestrians." Shows photo of Hatt Street façade and says no real changes except some landscaping and a fence. Second photo shows reduced parking. "In conclusion the application is supportable as it represents a technical change in zoning to permit the previous use to continue by a private firm instead of a public company, and includes additional restrictions to reduce any additional conflict between the recent residential use and proposed use.

Whitehead : How many people circulated on the public consultation? "I'm reading 87. Is that accurate?" De Iulio says it's 120 metres. Whitehead : ".says planning department received a petition with 67 signatures. Are those 67 signatures within the 120 metre radius of circulated residents?" De Iulio : Can't verify that, would have to check. Whitehead: "So that would represent . over 50% of the people say they don't want this use. Is that correct?" De Iulio : "If 87 was circulated and 67 names you're looking at 2/3rds or more."

Braden : "Can the staff say with some confidence whether or not they feel the level of intrusion or nuisance or non-residential value is going to be greater or less when the new occupant is in operation? ." De Iulio : "I don't think there's any greater non-compatability. Essentially you've had a public utility here and now you're just having a private company take over and using the same building for very similar uses. It's a contracting business. If you think about hydro trucks that were in there before, maybe using the property, and now you have construction company in there using pickups or cube vans or whatever they may be using." Braden : ".is it a residential contractors business?" Kelly : "Tell you what, when we get to that point councillor the proponent's can obviously have some comments on that. I know Mr. Manchia is here to represent them. If I could just ask you to hold that. Councillor Ferguson, to staff?" Ferguson : "No, that was my point. We have the proponent here; we have the ward councillor here; we have the residents here. A lot of these questions can be answered in those discussions." Kelly : "That's what I thought." Invitation for public delegations. Reminds about the "5-minute maximum rule for speaking".

Keith Sharp [public delegation]: ".staff have partially addressed the issue of the change in zoning which was originally posted as CAC to the IL105 zone. Despite those comments . for many people the change to an industrial zone has a completely different connotation than a commercial one and there would no doubt be people who saw the proposal for a commercial and 'well, I can live with that', but now being aware of . potentially more industrial site uses . that is enough to commence the whole process again from the beginning with the necessary notice times . To me, it's akin to changing the rules not only in the middle of the game, but in the final inning. . I'll quote: 'circulation to various departments and outside agencies resulted in no issues'. Now surely this comes as no surprise because none of those agencies would be affected in any way by this application. Only the residents who live there will be affected. And at this point, only their opinion is being ignored. Another quote: 'the zone change will permit a range of industrial uses by a lot that is flanked by residential development on all sides'. Let that sink in. . Would industrial uses be permitted in the centre of a new subdivision or other greenfield development? . Over a number of years there have been changes to properties around this area to the east and the north . and south.. All of those applications .. resulted in changes from industrial or commercial to residential. Even though this property has been used for a similar use to the application, doesn't mean that it is the most suitable use for the property. . One can realistically question whether the original public utilities usage should ever have been there. According to the prospective purchasers of the project . one of the reasons for not proposing a residential use is that the cost of cleaning up the property is too costly . all that Hamilton Hydro has to do is reduce the selling price of the property by an appropriate amount." Suggests it would cost 20 cents a person to do this. "I urge you not to fall into the typical planning trap. That is, don't approve this application because among other things, it conforms. The residential development on this site would not merely conform, but also improve. You have an opportunity to make something better. I urge you to reject this application and find a way towards putting a residential use on this property."

Whitehead : ".in regards to the zoning and hydro and that use, was the residential built around that particular property or people purchasing those homes knew that that zoning was in place and that use was permitted?" Sharp : "I think the hydro use goes back about 40 years, more or less. Certainly any of the houses except for the ones immediately to the west, would have been built prior to that. Now whether people actually owned them in that period. My house is within a block . built in the twenties. ." Whitehead : What kind of impact - prestige industrial "probably no worse than what you've endured with the hydro being located there, . has there been any issues with the hydro operation there?" Sharp : "I personally have not had some. Some of the other residents have had difficulties with vehicles parked where they shouldn't have been and things like that. But you raise an interesting point there councillor. I don't think that I would disagree that this is not worse than what we've had. But what I'm trying to suggest is that we have an opportunity to make it better. And that's what we should be looking at.." Ferguson : ". In staff's opinion what is more restrictive, light industrial or CAC [zoning]?" De Iulio : "Certainly the CAC zone allows a broader range of commercial uses which could generate more traffic coming to the site, whereas this is a construction company that parks their equipment there and goes to construction sites for the day, probably, and comes back at night. So you might get traffic all day long if you had a commercial business in there. Now we can restrict either zone. .". Ferguson : "So we could make it CAC restricted?" Paul Mallard : "Staff's position . was that the request for CAC, which is Central Area Commercial Zone, that's the zoning that applies to the downtown. You really don't want to be extending that away from the downtown to the interior of a neighbourhood. Our view of that is that Central Area Commercial zone is much broader in terms of the range of uses that would be permitted as of right. So we looked at a zoning classification that better fit with the intended use, and then we started to restrict the uses so that they would be very similar in nature, and not site intensive. So although it's nomenclature, I think the light industrial zoning is much more appropriate for what's intended on that site. And keeping in mind that it's extremely restrictive in terms of uses - there's no manufacturing, no processing. ." Ferguson : "The biggest problem with light industrial, is the term light industrial. It has negative connotations."

Public delegation: Tim Dexter: Lives across from the Hydro building. Circulates photos "so people can see exactly the houses that are there so you can see why this is an issue for us within the community . you see that it was zoned industrial, but in actual fact many of the homes on Park Street were zoned industrial . it's now single family dwellings. likewise the townhouses directly opposite the hydro building. The first petition that we put together in mid-July was a response to the sign that appeared outside the hydro building, and we took this petition, copies were in the mailbox of every councillor at City Hall - every single councillor got a copy of it, not just the people in this committee. We didn't get one response in mid-July. Now I understand that's summer break and there are probably good reasons for it, but still no one responded to us. So the neighbourhood started to talk . they don't care about us, we're Dundas . you've heard these comments before. I like the one that said 'they'll do anything to get money to pay for the expressway'. I chose not to believe those negative comments. . That's why I'm here today. We have the August 18 public meeting. Personally I was blown away at the number of neighbours who showed up at that public meeting. There were not enough chairs for us. Surely to goodness that was an indicator that we were not happy with the zoning proposal. At this meeting, from our perspective, our reasons for wanting the zoning to be residential were falling on deaf ears. We were told that we don't have a chance because it fits into an old overall plan for this area and that the building has inherent value. And we pointed out that the houses on Park Street behind Brock, that's 332-340 Park replaced Stuart Fuels which was a light industry. We also pointed out that the recent townhomes from 341-355 Park .were built where Isbister Restoration and a cabinetmaker used to be. We want this trend from light industrial to residential to continue in our neighbourhood. But we sensed our concerns were not being paid attention to, so our next hope was the planning department report. On Oct 13 or approximately many of here received the planning report in our mailboxes. Basically speaking, the report seems to hang its hat on the fact that the overall plan for this area included light industrial. . the report ignores the fact that across from the hydro building, while it was zoned for light industry, they built these beautiful townhouses. It ignores the fact that houses were built from 332 Park to 340 Park where there was already light industry, at one point. . allowing the building to be used by a construction company to store machinery and equipment is a huge step backwards in the trend . it's not forward thinking. . Valvasori has an excellent reputation and deservedly so, and did a fabulous job at Allenby school. They could do the same thing. They're creative and their talented." Kelly : "One minute". Dexter : "The cruncher in reading this planning report was the sentence that read that the residents were generally in support of the application. Now there's been a reversal now, but I want you to hear us." Distributes copies of Dundas Star with residents responses to proposal. Notes that Star asked candidates to respond to issue. Kelly says he's at his limit in time. Dexter: ".everyone of the ward 13 candidates were absolutely in support of the neighbourhood. They wanted it to be zoned residential. . another petition taken up by the residents in response to the report that said they supported the application." Kelly : "I'll have to ask you to wrap up now sir". Dexter : "I'm trying to. I've been trying to understand all of this. Sometimes when you are part of a bureacuracy you have to rise above" it. Suspects councillors would go with the planning department recommendations in 99% of the cases. "It would create chaos in this bureaucracy, in this system, if you were at odds with the planning department, so I understand where you are coming from. It would also create chaos if you supported the citizens and only find out that the OMB supported the applicants. So you're stuck and so are we, so here is one suggested compromise. We're looking for something. Why don't we allow Valvasori construction to use the building over the next 2-3 years while they build their townhomes on the [adjacent] vacant lot . but once the townhomes are completed, is what we'd like to see is the hydro building converted into lofts or something residential to fit into our neighbourhood." Kelly cuts him off. Dexter : "One last thing." Kelly : "Ten seconds". Dexter : "I realize this is a moral comment rather than a business comment. What is Hamilton Hydro prepared to do to address this impasse. They could reduce their asking price from Valvasori and bear part of the responsibliity for taking the building down. They could give something back to the community. . we are looking for a compromise."

Ferguson : "Just a correction. He alluded to the unanswered petition that was handed to councillors. And he alluded to a meeting that was short of chairs. I know because I had to stand through that meeting. My point is that I was there."

Public presentor: Wayne Dixon : Lives across from highway, notes high level of trucks entering hydro. Problems with hydro, often in middle of night. "If this were in a high end place we would probably have a lawyer representing us . but we have ourselves . told hydro does not build or stay in residential areas." Support residential use for the property.

Kelly : ".Mr. Manchia is here representing Mr. Valvasori." Sergio Manchia : ".from Planning and Engineering Initiatives . here on behalf of Mike and Dave Valvasori and also Hamilton Hydro. ." Thanks staff and residents. "We did hear them loud and clear. . this building has been in existence for many years and Hamilton Hydro has been using it for 40 years . use we are asking for is much less intense use. What we're basically trying to achieve here is an administrative shop for Valvasori Construction . has grown rapidly in the past few years . lot of new and exciting ideas . I must stress this building has NOT come to a point where it's dilapidated." [tape break]. "There isn't going to be a weekend operation or an after 5 operation. . we are trying to keep in conformity with the official plan which allows for light industrial, we have stripped the light industrial to permit only what we would like to do .we are not seeking any additional uses [such as commercial]" Notes council concern earlier about tearing down buildings. "we have to try for adaptive reuse and this is an example. In the short term, as long as that may be, we use the building for something that can produce taxes and in addition a use for our company that is growing as the Valvasoris are. At no point in time do we disrespect the comments made by the residents that ideally at some point in time this may be used for alternative use - i.e lofts, residential - but at this point in time, we'd like to be consistent with the official plan and allow for the Valvasori Construction. . At the public meeting the concerns were 'we just don't want it'. Well, it's fine, but at the end of the day we have to ask ourselves is there a value to this property, is there a value to the community for the Valvasoris to stay in Dundas or stay in Hamilton? I believe so, yes. I'll leave it at that, but also want to take a moment to thank the new councillor who has approached us with regards to these concerns. Councillor Samson has indicated that he would like us to address some of these issues with regards to the residents, and by all means we're willing to table this matter at the discretion of the committee to further sit down in the next two weeks and try to come up with a balance. We're pretty well stuck or adamant that we want to use this for what we're proposing, although there might be something that can come out of this meeting that's productive and a balance. But once again we think this is a proper use and as a planner, I can fully support this."

Whitehead : "Just a quick question Serg. If this was referred back or tabled for two weeks . would that create a problem for the proponent." Manchia : "No. We're willing to do that as long as we hope that it's a productive meeting." Whitehead says he will move that motion at the appropriate time.

Braden : "Apart from the image of industrial or commercial, it would seem to me the things that bother people are things like noise, hours of operation, and traffic, and visibility. In other words, what are people going to see. . What are people going to see, and what are they going to hear, and how often ." Manchia: "Former use, I would have to say, had somewhat of an obnoxious use because of storage and the type of vehicles.. We have no intention of having the volume of traffic that was the same as hydro. We have a few pickup trucks. We may have a forklift. They'll go back into the garage. It's a 9-to -5 or 7-to-4 operation. It's not a weekend operation. .the noise . would be very limited . A few vehicles of people that work there through the day. issue about aesthetics. Valvasoris have a great tradition of taking abandoned unusable buildings and giving it new life. I'm sure they would . enhance the landscaping, the façade, just improve it a bit, and lighting and etc. At no point in time are they looking to abandon it and just use it as a storage facility. This is their home." Braden : "Outside storage?..." Manchia : "None of that." Braden : "Absolutely nothing? . just a small number of pickup trucks" Manchia : "If that . anything say like a forklift, let's say they even have construction materials, the internal size of this building is immense. It can store quite a bit, but we're not looking at storing anything that has chemical obnoxious uses. . maybe some lumber, some tools, doors, and there's no manufacturing on site. ." Ferguson : Suggests looking at 6.2 which is adjacent property "take a holistic view". Kelly agrees. No other questions. Manchia: "All we ask is that if this matter is deferred, we kindly request that this be back on the agenda in two weeks." Kelly : "I think we're heading in that direction, anyways.".

Samson : "Certainly this was an item which hit me right after the election. I knew about it during the election and as Mr. Dexter referred, all the candidates were asked to comment on this . and as you have copies of the Dundas Star you'll see that certainly six of the seven candidates were for this development to be residential. One of the candidates said he was in favour of mixed zoning, and I've since spoken with him. I think the position was stated loud and clear by the people who were running in the byelection in Dundas, what they would be in favour of. I mentioned in my particular article, that I would await the planning department's recommendation with regards to this, and I guess that's part of my past awareness, having been on a municipal council, that if you find yourself in opposition to a planning departments' recommendation at committee and later on council, you can put yourself in a very awkward position if the matter goes to the OMB. So I said in my particular article which you can read that I would wait for the planning deparment's recommendation. I guess my reaction to the planning department, I realize, I've sat down with the person involved in writing the report. When I went over it I realized that it's allowable with regard to the Planning Act. I guess I find it not in keeping with the direction which the area is going, that particular part of our community is going. And I was quite frankly disappointed in that it wasn't recognizing that. My guess, in summary, if this is not going to be turned down, and I guess that's wishful thinking on my part because of the fact that it's being recommended by the planning department, and committee normally goes along with those recommendations, and really has to if the system is going to work, I would hope that if it's not going to be turned down, at least we have another couple of weeks through deferral in order to dialogue further with the proponent and Mr. Dexter and the residents to try to get some resolution to this. I've been on the job two weeks and I would like a little more time to try and get some resolution of this."

Bratina : "I think we're very lucky to have people like the Valvasoris and Sergio Manchi and his company which was just nominated for a major North American brownfield development award for a property in my ward - the Queen's Garden residence. And I suppose if I were living in the neighbourhood I would be pleased that Mike and Dave Valvasori were my neighbours. Unfortunately, well fortunately for them, I think they're growing faster than we can imagine right now. This may be not enough space for them in the next 2-3 years. And then you have the issue that it has been re-zoned as light industrial, and who's coming next? And that's impossible to predict. So my concern would be the grandfathering of the zoning which leads to many many more years of light industrial use in what is obviously a residential area. So that's my concern. I think that the proponents are outstanding members of our community. I'm worried about the future. Because you never know. There's a group of people on Walnut South who are about to have the Bratinas as their neighbours and they may not enjoy that from a lady who did live in that house." Kelly : "The parties are wonderful from the people who live on Walnut Street. Don't worry about that. Listen. I'm getting the sense that this is probably going to be deferred for a couple of weeks, so just for the sake of expediency I'm going to move over to councillor Whitehead's motion .". Whitehead moves to table report for two weeks. Pearson seconds. Carried.

(47 minutes for this item).

6.2 Application to Amend Dundas Zoning By-law No. 3581-86 for Lands Located at 352 Park Street West (Dundas) (PD04273) (Ward 13)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/PD04273.pdf
Applicant is Valvasori Construction. Agent is Sergio Manchia. Seeks development of six street townhouse dwelling units. Area is 0.2 ha.

Peter DeIulio [staff report]: ".property currently designated employment, residential and mixed use in the Official Plan with permitted residential, light industrial, limited commercial uses. This application conforms with the Official Plan. The proposal is to construct six townhouse dwellings on the subject property. The low to medium density zone is to be modified in order to permit a 2.6 metre side yard . amended to include a holding provision that will prohibit the development of this property for the uses permitted under low to medium density dwelling zoning until a record of site condition is approved by the city and acknowledged by the Ministry of the Environment, and a noise study is completed and approved by the city and CN Rail. The holding provision can only be removed by bylaw. The applicants held a neighbourhood meeting on August 18, 2004. While most residents were in support of this application, their were expressed concerns with regard to potential soil contamination and traffic. The adjacent residential industrial property has also expressed concerns that the change of this property to residential zone may have a negative impact on their business due to concerns regarding future noise complaints about their business. ." Shows some photos.

Whitehead : "On the remediation, do we know if in fact this property is remediated to the level to allow residential homes?" DeIulio : "We don't have the results of the testing yet. It still has to be confirmed, and that's why the holding's being placed on there. If it comes back that it can't be remediated, then they can't remove the holding and go ahead with residential development." Whitehead : ".some concerns from I think CN . in respect to building this and noise issues and how that would impact on their business once the residential homes are in, and we hear this all over the community. I guess the question is, if these homes go ahead, will they be notified that there is a noise level relative to the commercial that's been pre-existing, and that's something they would have to endure if they choose to buy those homes?" DeIulio : ".they have to go through site plan approval and if the noise study, if it comes back or indicates, a warning clause has to be included in the offers of purchase, that would be included in the site plan approval, and they would have to include that in any notices of offer to purchase that there is an adjoining site that can cause some noise problems if you are outdoors."

Pearson : ".to the comment that you just made though that that does not preclude if these homes get built and there is an issue with regards to noise bylaws etc that they are not investigated and enforced, correct?." DeIulio : "Can you repeat that?" Pearson : "does not preclude that there are still bylaws in place, so this doesn't protect this company, by letting the residents that move in know that this is in their backyards?" DeIulio : "That's correct. There is a warning clause. They're forwarned but certainly the business that's there has to operate within the current noise bylaw and if there are violations, they would be investigated."

Ferguson : ".I assume we're waiting for the MOE results?" DeIulio : "The study hasn't been undertaken yet. It would be part of the site plan approval process, that they'd have to submit a record of site condition, and a noise study, and that the holding would not be removed until those issues are cleared. And so then a bylaw would come back to committee, a report as well, indicating whether those conditions have been met, and we can remove the holding and allow the development to occur." Ferguson : "Okay, what't the protocol of the MOE? If they found a contaminant do they go on and see if that's migrated off the property?" [pause, then response by Paul Mallard] Mallard : "If that was found they would proceed to a phase two environmental which would take a look at any offsite migration." Ferguson : "And that's just a matter of course if that happens? Thank you.".

Kelly invites public presentations, reminds about 5-minute rule. Roger Campbell : ".and I'm a solicitor representing Mr. Jankowski's company . members of the committee have my correspondence and I don't want to go over all of it ." [provides envelopes for circulation to committee members] ...the location of this property . across the street is not just townhomes. Across the street just below the mountain brow is in fact a very substantial industrial operation which consumes quite a bit of land. So the residences are a little bit to the east as opposed to being directly across. So this particular use that Mr. Jankowski has has been there for many years . I don't know whether there's a relationship between the two transactions involving the sale of the hydro lands, and I can understand that hydro would wish to dispose of surplus lands, but it must be done in a way that is responsible and is compatible with the uses that are established in the neighbourhood. Mr. Jankowski's use which he intends to make fully of as permitted by the zoning, is a use that should be protected and employs presently seven employees. His concerns relate to the environmental aspects of the property, compatability with his site, noise being one aspect of it, and also he wishes to have uninterrupted hydro service. Now I've addressed all those points in my letter, but what I want to start off with . is consideration of what's in the official plan. Now some of this has been raised and is elevated by what appeared in the Dundas Star. There was an article . I quoted from that in my letter, that apparently 3000 tonnes of zinc were removed from this property and when the planner put the photographs up, the planner really didn't have any photos apparently of the true extent of the investigation on this property. And what I wanted to pass around are some photographs indicating the extent of the excavation on the property. And you will note from the photographs that the excavation goes right up to Mr. Jankowski's property. I would very much doubt that the contaminants respect private property lines, and the concern that Mr. Jankowski has if they go down to four feet right against his property and deem that soil sufficiently bad that it has to be taken out, there's reasonable concern . as to what's actually on this property. Now Mr. Jankowski has tried to get copies of the reports from every channel that he knows and he's employed a planner and recently employed me to try and get information, and he has not got information about what's on that site. Obviously someone has done testing. Someone has determined that certain areas should be excavated and soil has been taken away. Now this application has come before this committee with no information about this, and what's being asked is that this committee approve this application simply pursuant to a holding provision. This process has to be transparent. Mr. Jankowski is obviously affected and he's entitled to know what the information is regarding the property beside him. So my first point on this is that - and I will demonstrate to you that there's significant concern about this property - is that this matter should be deferred. What should happen is that those results ought to be made available to this committee and to Mr. Jankowski before we have any more consideration of this. Simply saying that it will be subject to a holding provision, that the city will satisfy itself with no provision whatsoever for Mr. Jankowski to have any opportunity to be part of that process, is inadequate. It also has to be noted - and no one is suggesting that people would not do their job properly - but nonetheless Mr. Jankowski has what I would submit is a legitimate concern. This is the Hamilton Utilities Corporation which according to their website, the shares are held by the city, so the city would in effect be making the determination whether its own site is suitable for sale and can go ahead with development, without Mr Jankowski having any opportunity to know anything about what was found on that property. Now in terms of what was on the property, I'm going to pass around a photograph which unfortunately was reversed in the negative processing so you have to imagine it backwards, but the key aspect of it is that it shows hydro poles. Now those are creosoted hydro poles. And there were also PCBs. You can see PCB tranformer areas. So we know from the Dundas Star that there was zinc. We know from that photograph there were PCBs. And we know from that photograph there was creosote. It doesn't take too long on the internet" Kelly: "One minute, sir". Campbell: "It doesn't take too long on the internet to determine that there is potential carcinogens on the property. So that's the first point. This matter should be deferred. He's entitled to information. The second point - noise is an issue. The protection of compatability with his use is something that must be respected. Just because they can build nice townhouses doesn't mean that they should. As I indicated there is a substantial industrial use across the street. This has been a long-standing industrial use and we have to respect that, your official plan says that you have to respect that. That's your first objective on these lands in your official plan. Second, we have a situation where the planning report does not address whatsoever Mr Jankowski's property, any of his concerns, the noise is mentioned peripherally in the report. It's not the condition. The only noise issue raised on the condition is the CNR. So this matter doesn't indicate that there's been a planning review in the context of Mr Jankowski, doesn't give information that he's entitled to, and this matter ought to be deferred back so that there's proper information before the committee, he has property opportunity for a peer review and we come back to the committee and make proper submissions about whether this site. The site has to be cleaned up, not only for the future residents, not only for the residents of the neighbourhood, but for the safety of his workers and to ensure that there is no possibility of future migration to his property. So those are my submissions. I invite you to read my letter because obviously I spent a little bit more time on it than that. I did want to just indicate Lawson Taylor. They are a substantial use. They have been around for many many years, recently moved to Dundas in 1998. Mr Jankowski bought this property in reliance to being able to fully utilize it, and now he finds himself in a situation when he's on the verge of moving there to resume full operations from Hatt Street location that he is going to have six townhomes backing on him."

Bratina : "What was the amount of zinc? Did you say 3000 tonnes?" Campbell: "That's the reported amount in the Dundas Star newspaper article, and that's metric tonnes which I guess is for those of us who are still thinking in imperial, quite a lot." [another question by someone but it is off mic] Kelly : "Peter, do you have that information? I'll tell you what councillor, we'll see if we can get staff to get that, okay."

Whitehead : "I'm a bit puzzled by the presentation. . I understand the concerns of accessing the report in regards to the contamination and remediation, but it's also clear that for residential that there's a higher standard relative to remediation than to any other remediation that takes place for commercial or industrial. So if in fact this property's brought to the level of remediation for residential use, and with a caveat that any information relative to the contamination in respect to the report is released to your client, would that not meet those concerns?" Campbell : "If it's brought up to proper standards, it would address the environmental issue. The problem is the process is going to occur in public and it will go forward with the zoning in place before that process occurs. Only the city would be making the determination. There's no provision for Mr Jankowski to even know what goes on through that process or to have an opportunity to make submissions on the issue. So what I've submitted, that's what we want on that one concern - compatability being a separate issue - but on enviromental issue you are quite correct, that would satisfy the concerns. But let's make sure that happens. What's the rush to get on with this. Let's make sure there's a proper review. Let's share the information. Let Mr Jankowski see it and have it reviewed by his experts, and then come back and we can deal with this properly. But you are quite correct - if we can get to that stage, and his workers will be safe as well, and he knows there's no further migration possibilities to his property - then you're quite correct." Whitehead : "What is the nature of the activity that's taking place on your client's property?" Campbell : "Right now it's fairly low intensive use and Mr Jankowski can explain to you, but he's purchased the property on reliance of being able to move his existing operation from Hatt Street over there, so he's using it principally for storage right now." Jankowski : ".we build HVAC products and have some storage and assembly and some light manufacturing that we do in the regular course of our business." Whitehead : "And obviously the type of activity that would take place on your property would adhere to the current noise bylaws?" Jankowski : "Yes, of course."

Sergio Manchia [agent of the proponent]: ".here on behalf of Valvasori Contracting and Hamilton Hydro. . we just wish for the record to enlighten the committee that I have had correspondence, sorry, discussions with their planner Ms Ruth Victor and we have attempted to address a variety of issues. But yes we have not released any soils information just yet because we are not, haven't finalized this information. In addition, the information that's going to come about through this process - which we've completed phase one and phase two - will be going through the Ministry. Once it goes through the Ministry, we submit it back to staff. This is the protocol. This is what we call uh uh brownfield redevelopment. This is how we do it. So I'm a bit sort of scratching my head here that Mr. Campbell, who seems to be quite the solicitor, would know that process. But unfortunately there's been comments made that we haven't been exchanging information. The information is not finalized. And when we do finalize it, I've given my word to Ms Victor that we will release what has to be done, whatever has to be released. The issue of reuse - this is an example of another brownfield, adaptive reuse. This is something that is in our vision of 2020, and is something that the city strives for, and that once again is something that the Valvasoris are very good at, and we would hope to continue that. With regards to Mr Jankowski's use, I .clarification, I think he said light industrial and assembly, and if that's the case I ask the question if it in fact is permitted in the light industrial. Now I'm not 100% clear but maybe we can get some information further down the road on this. Mr. Chairman, with regards to the comment on the zinc, my understanding in speaking to Hamilton Hydro and the consultant, zinc is prevelant through this whole area. It's nothing that Hamilton Hydro has actually dropped off here through their uses over the past 40 years. In fact, if we dig in and around this area we will find that zinc is a common mineral or basic deposit within that general area. Regarding other uses and the amount of tonnes, I also find it quite astonishing, it can't be 3000 or whatever it was - 300? - no, we'll confirm that but it's not that magnitude. Nevertheless Mr. Chairman we are cleaning it up. We are within our boundaries, within our rights, to clean it up. And we are meeting the Ministry of Environment guidelines that will eventually allow us to construct this. And if there's going to be any, any kinks in the road, we'll address them accordingly. And this is why your staff, ourselves, have conceded not only two provisions - a holding provision - but also holding the bylaw until we deal with this matter, which we're content with. The other component is the issue of the noise and the contamination. Well the record of site condition will flush out this contamination matter, and the noise study, not only for our friends, but the CN component, will have to be addressed. Just in speaking to the planner, Ms Victor, I have conceded also to do the noise study, to pick a day when Mr Jankowski's operation is at full-tilt. We'll go out there and make sure it's the worst case scenario, and not on a Sunday afternoon at 3 o'clock. So we're willing to address these issues. So that's why I'm a little bit confused on the comments made prior. The other thing I would like to address is that we're being pulled on one side to say you know let's clean up these sites, use residential, let's get these sites to become residential; and the other we're pulled let's keep them industrial. So I think this is a balance. We're keeping one, and hopefully minimizing the intensity on the corner, and taking the residential on this piece. And slowly hopefully it will be a trend - well obviously it is a trend. It was across the street. I understand that the residents were in favour of this residential conversion and we hope to do a bang-up job on the development. Having said that I see no need for tabling this. I see that this should be endorsed and wish us well on the remediation, and at the end of the day we will address those issues which the solicitor and Mr Jankowski has brought forward. ." No questions from councillors.

Kelly : "Let me bring it back to the floor then, councillor Whitehead?"

Whitehead : "I did ask Mr. Campbell's client what kind of activity would be taking place on the property and heard that there's going to be some, some, some, what was the word used? Some manufacturing of some sort. So I want to know if that's a permissible use for the zoning on that particular property." Kelly : "The property in question on this application or the ?" Whitehead : "No, the adjacent property that was proposed. I'm asking that question because obviously that has some bearing on" Kelly : "Sure. I just wanted to make sure staff was clear. Mr. Mallard?" Mallard : "There may be some question with respect to the use of the property which we would have to verify, subsequent to this meeting. My recollection is that the zoning on that property was originally residential and I believe it was modified residential put on the property years ago to allow for a heating and air conditioning contractor, I believe, or shop. So I'm not sure to what extent the use that they're contemplating is or isn't permitted, so that's something we'll have to verify." Whitehead : "If in fact the development, or the operation next door is consistent with the zoning, then I don't in fact see any issues relative to the noise and we've heard the commitment from Mr. Manchia that they will do the noise studies and provide that information. But it sounds like if the use on that adjacent property is consistent with the zoning, then there shouldn't be any issue. And then that leaves the one outstanding issue relative to the environmental concerns and we have also heard the commitment from Mr. Manchia that that they will release the environmental report once completed. So if raises the comfort level, as a direction through to staff, can we as a caveat ask to ensure that that environmental report is released to Mr. Campbell's client?" Kelly : "Question to staff, can we put that on as a condition. Certainly the proponent's okay with it. Mr. Mallard?" Mallard : "With the consent of the proponent, obviously we could release that to them and they're agreeing that they would release it." Whitehead : "Well with that being said, I will be supporting moving forward on the application." Kelly : "Okay and if you want to put that addendum on to it, we'll come back to you at the present time. . Councillor Samson. Art, two weeks on the job and they're throwing you into the deep end of the pool."

Samson : "I hope I can swim. That point is exactly the point that I was going to make. Because I have a concern that Mr Jankowski, that he has a fair shake. I guess my concern was that we were going to get the report and then bang bang we were going to have a bylaw, and the holding .would be released. If I have the assurance that Mr Jankowski's going to get a copy of that MOE report, certainly I don't have any objection."

McHattie : ".listening to the ward councillor. If he's okay with the clause going on there and the MOE report being provided, and we heard from the proponent that the noise study will be done in a worst case scenario. Certainly these developments are extremely complex, brownfield redevelopments, so these are the kind of concerns that we can expect on a regular basis and they need creative solutions. And I'd think we like to, we have the opportunity to find them, I think, in this case. So if the ward councillor is - and I know it's tough, two weeks on the job dealing with all these things, and these are things that have been in the works for a number of months, no doubt, so it's difficult to do that. But if he's okay with it going ahead with the provisos that we talked about, then I'll certainly support it." Ferguson says he will move it [off-mic] Kelly refers to Braden first.

Braden : ".councillor Ferguson may have asked this question already and I didn't hear the answer. But let's just assume, among a number of scenarios, that the contamination in this site is greater than everyone was hoping for, and it does seem to reach to the perimeter of the property, which then makes you believe that it's gone beyond the perimeter of the property, how then are other people notified. And because we're in some ways the owner of this property, how are on the hook then for seeing that this plume or this contamination has moved, how do we as perhaps the originator of the problem, step in, share the information and then take responsibility?" Kelly : "Kind of a gray area. Paul do you want to handle it? The reality is that the owner of the property is the one that's responsible. [Braden off-mic]. Currently." Braden : "I want to know if we admit it to the neighbourhood and if this has say gone three properties over, are we then actively committed to going out and cleaning up all that property?" Kelly : "Well there is a process, and Mr. Mallard maybe you'd like to outline it for him." Mallard : [tape break] .. No, the Ministry would look for authorization from the affected property owners to allow the proponents to go on-site to do the necessary remediation. So it's done through the Ministry." Whitehead : "It's my understanding through past experience that when they check for migration, or leaching of contaminations, that they in fact usually do drill holes on property to see if there's been any migration and it appears that there's been some cleanup already done of the site. The question is why we would not, since it appears that the remediation to date has taken right to the property line, why has there not been boring on adjacent properties to see if in fact there has been migration?" Mallard : "As part of their submission to the Ministry, at the stage two phase, if they require the additional works, then that's the point where it would be undertaken. At this point they haven't submitted their report to the Ministry." Kelly : "So you need to see that report before you can make a determination to see how far we have to go on that."

Whitehead : "Amendment would be that the minute the environmental report is completed, that it would be made available directly to anyone who's interested in seeing it." Kelly : "Sure. Mr McCabe do you have a comment on that?" McCabe : "I would just ask that as a matter of record the proponent at this meeting has agreed to release that and you're not directing us to do that. With their concurrence." Whitehead : "So do we incorporate that into the amendment that we have the concurrence of the applicant to allow release immediately after it's received." Kelly : "Yes, as the proponent has already agreed to the report will be released. That way we're putting. Mr Manchia, do you have a comment?" Manchia [off mic] "As I know they have just purchased the property, we'd appreciate if we could exchange documentatation with respect to their phase one. I'm sure when they purchased it there had to have been a request for financiing for any contamination on their property. That would help us in our ." McCabe : "I think that's fair, Mr. Chairman. A fair request."

Amendment seconded by Pearson. Carried.

Ferguson : "Just to be clear, if this passes with an H affixed, this project goes nowhere until its sweaky clean as determined by the Ministry of the Environment?" Kelly : "That's right. The holding provision won't be looked at until all the requirements are met."

Motion moved by Merulla, seconded by McHattie. Carried. (38 minutes for this item)

6.3 Application for a Proposed Three Year Extension of a Temporary Use By-law for Lands Located at 2835 Governor`s Road, Former Town of Flamborough (PD04270) (Ward 14)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/PD04270.pdf
Lands being used for a golf driving range. Matthew Johnston made the staff report. Original temporary use bylaw granted three year use period. This application will extend it for an additional three years. No questions from councillors to staff. No public delegations. Proponent supports the staff report.

Ferguson : "How many temporary driving range permits are out? Who's alarm clock goes off to say that three years are up?" Johnson : "We would have to do some review to determine how many golf driving ranges operate under temporary use." Kelly : "And as for the enforcement, Mathew, do we say it's up, you have to re-apply? What's the process there?". Paul Mallard : "Through the building division, bylaw licensing." Kelly : "Okay. Okay councillor?" Ferguson : ".was this a proponent driven application or was it municipally driven?..." Mallard : "It's my understanding it was brought forward by the proponent." Ferguson : "So the question is if the proponent hadn't come forward he would carry on ad infinitum. I guess that's my real concern." Mallard : "As I previously stated, it would come through bylaw enforcement had it lapsed." Braden : "To clarify Mr. Chairman the proponent was clearly told that he couldn't carry on business unless he restarted the whole process. So in fact the system, depending on whose view you take, the system is working and the controls are working." Motion moved by Mitchell , seconded by Braden . Carried.

MORE TRANSCRIPTION TO COME

6.4 Application to Amend the Town of Flamborough Zoning By-law for Lands Located at 814 Highway No. 8 (Flamborough) (PD04242) (Ward 14)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/PD04242.pdf.
Rockton agricultural society to permit construction of a single house on open space lands near the Rockton fair park.

6.5 Application for Amendment to the Glanbrook Official Plan and Zoning By-law No. 464 for Lands Located at the Northwest Corner of Garth Street and Twenty Road West (PD04260) (Ward 11)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/PD04260.pdf
Applicant is Garth Trails (Ward Campbell) to allow for the development of a commercial plaza and fast food restaurant (likely a Tim Horton's drive-thru), including 91 parking spaces. Area is 0.83 Ha. Agent is Johns and Khes Planning Solutions

6.6 Application for a Change in Zoning for Lands Located at 1127 Upper Paradise Road (Hamilton) (PD04263) (Ward 8)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/PD04263.pdf
Applicant is 1573109 Ontario Inc. (Harry Mancini). Seeks to rezone from agricultural to residential, recognize the existing single family dwelling on Block 1, and permit the development of Block 2 for three single family dwellings.

6.7 Application for a Modification in Zoning for Lands Located at 230 Pritchard Road (Hamilton) (PD04269) (Ward 6)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/PD04269.pdf
Applicant is Mario Giansante to permit use of part of an existing building for a motor vehicle repair shop.

6.8 Mr. Art French, Hamilton-Wentworth Heritage Association respecting request for free parking at City Hall for Heritage Fair on February 19, 2005.
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/Item%206.8.pdf

6.9 Mr. Stephen Diamond, McCarthy,Tetrault, representing 100 Main Street East Limited, respecting stormwater servicing issues within the Rymal Road Secondary Plan.
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/Item%206.9.pdf

6.10 Mr. Mike Whaling respecting the zoning for mini storage. http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/Item%206.10.pdf

8. DISCUSSION ITEMS

8.1 Application to Amend Stoney Creek Zoning By-law No. 3692-92 for Lands Located at the Northwest Corner of Carla Avenue and Green Road, Former City of Stoney Creek (PD04247) (Ward 10) (Referred by Committee on September 21, 2004, for meeting with applicant and Ward Councillor regarding parking issues )

8.1.1 Letter from Mr. and Mrs Waugh, 1 Elvia Court, respecting the proposed development.
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/Item%208.1.1.pdf

8.2 Application for a Neighbourhood Plan Amendment, Winona North Neighbourhood Plan (Stoney Creek) (PD04207) (Ward 11)( Tabled by Committee on October 5, 2004)

8.2.1 Mr. Settimi, respecting opposition to the development of Block 125 http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/Item%208.2.1.pdf

8.3 Request for Consent to Demolish the Lobby Portion (108-112 James Street North) and the Auditorium Portion (111-113 Hughson Street North) of the Tivoli Theatre Complex Pursuant to Part IV of the Ontario Heritage Act (HP2004-016) (PD04280) (Ward 2)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Oct19/PD04280.pdf

12. PRIVATE AND CONFIDENTIAL

12.1 Resolution of Outstanding Hamilton/Burlington Society for the Prevention of Cruelty to Animals (HSPCA) and City Matters Respecting Animal Control (PD04144/FCS04082) (City Wide)