Absent:
Kelly

Media:

McGuinness (Spectator), Mann (CHML), Werner ( Brabant , arrived 10:15 ),

CATCH: Don and John

CHANGES TO THE AGENDA

Additional request to speak to item 7.1 - Steven Park of Harbourwest Neighbours.

4. DELEGATION REQUESTS

4.1 Art French, Hamilton-Wentworth Heritage Association, respecting request for free parking at City Hall for the Open Doors events on the evening of Thursday, April 28, 05, and on Saturday, May 7, 05

4.2 James Webb respecting Setting Sail, Item 7.1 on the Agenda

All three requests approved to speak today with the related agenda items.

5. CONSENT ITEMS

5.1 Heritage Permit Application (HP2005-001) Under Part IV of the Ontario Heritage Act to Permit Interior Alterations on the Second Floor in the West Wing of the Unified Family Court (Former Carnegie Library), 55 Main Street West , Hamilton (PD05064) (Ward 2)

5.2 Heritage Permit Application (HP2005-002) Under Part V of the Ontario Heritage Act to Permit Construction of a Residence Within the Hamilton Beach Heritage Conservation District, 1022 Beach Boulevard, in the City of Hamilton (PD05065) (Ward 5)

5.3 Parking for Services in Kind - Theatre Aquarius (PD05066) (City Wide )
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/Mar15/PD05066.pdf
"City Council policy allows for the approval of requests to exchange parking privileges for services in kind in accordance with the following conditions:

- That all event tickets be held and made available to members of City Council for charitable purposes only; - That tickets not requested by members of City Council within 48 hours of an event be forwarded to charitable organizations such as Big Brothers, Ronald McDonald House and Big Sisters."

McHattie concerned about policy "It might be cleaner if the tickets in question go through Theatre Aquarius. rather than having city councillors getting involved" in asking for the tickets for charities. Staff thinks existing system works fine, but could change it. McHattie says optics are problematic "and councillors need to be careful with this type of thing .handing them out to one organization versus another". Pearson supports existing policy. Bratina suggests councillors make suggestions and allow organizations to take the initiative. Whitehead notes difficulty with accountability. Mitchell supports existing policies. Notes rural organizations are helped by existing policy. Merulla asks the staff report not mention specific organizations. Carried. McHattie recorded as opposed.

5.4 Commercial Property Improvement Grant Program (C.P.I.G.) Applications (PD05071) (Wards 1, 2, 3, 4, 6, 7, 9)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/Mar15/PD05071.pdf
$187,722 provided in 2005 to cover part of costs of commercial building façade improvements.

5.5 Appeal of the City of Hamilton Committee of Adjustment (Urban) Decision to Approve Minor Variance Application HM/A-04:259 (Vetco Holdings, Owner), 467 Charlton Avenue East , Former City of Hamilton - (PD05072) (Ward 3)

5.6 Minutes of Hamilton LACAC (Municipal heritage Committee) of January 27, 05 (For receipt only)

All consent items approved. Discussion only on 5.3.

6. PUBLIC HEARINGS AND DELEGATIONS

6.1 An Application to Amend Glanbrook Zoning By-law No. 464 for Lands Located on the Southeast Corner of Dickenson Road and Upper James Street (Glanbrook) (PD05061) (Ward 11)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/Mar15/PD05061.pdf.
"That the site-specific Airport-Related Business "M5-189" Zone permits the use of a motor vehicle service station on the subject lands. . The proposed use was originally identified in the previous application (see Appendix "B"). However, it was inadvertently omitted in the implementing By-law that was passed and enacted by Hamilton City Council on September 15, 2004 . . Owner: Macstar Development Inc. (Ward Campbell), Agent: Planning and Engineering Initiatives Ltd. (Sergio Manchia)."

Joe Muto made the staff report. Concerns from Mr. and Mrs. G. Westenberg who submitted a letter opposing the zoning change. Their concerns include aggravation of existing flooding problems - "if this water will be blocked with driveways and culverts to the service station, we on the south side of Dickenson better our houses on stilts .. All service stations are known for spillage oil and gas. If that mixes with the water and it will, good luck to the people east from us with their well water." They also notes the closure of a garage kitty-corner to the new location because "not enough business".

Mitchell asked about status of ownership of Hwy 6. He raises need for centre turning lane and other safety improvements and "I would like to see some of the improvements for safety that have been requested for many many years now for that road put in place long before this city ever agrees to take that road back." Mallard says city still negotiating the transfer. Mitchell asks for session on the negotiations. Whitehead asks for it on the next agenda.

McHattie asks about how staff handle comments from other departments. "We've got some comments from HSR here. At the end of their comments they say 'the wide setbacks from the street line and parking in front of the plaza and restaurant buildings makes the development unfriendly to pedestrians, thereby discouraging future transit use'. . when planning staff gets a comment like that from HSR, what is done with that comment? Is there a discussion with the proponent for example? Does it make its way into the conditions? . Is the design changed in some way to deal with this comment?" Mallard : "At the site plan stage such comments are taken into consideration. Quite frankly we deal with a number of aspects. There's the bylaw requirements for minimum setbacks that have to be looked at. We try and encourage where there is parking in front of the building, pedestrian linkages to the street, to sidewalks or to transit facilities . we're always looking at opportunities for pedestrian friendly development." McHattie : ".in this case, is it likely that we'll be able to achieve some pedestrian opportunities to service that particular need?" Mallard : "We'll take a look at those through the site plan process." Whitehead suggests that staff work with McHattie who agrees that he'd like to learn more how these things take place.

Public delegation, Frances Dore , 3581 Dickenson Road East . "This development is going to have a serious impact on me. I live right alongside the property. My house number was not on this notice that I got . but I have lived there 40 years. There is a great deal of flooding. Has been ever since they raised the road at Dickenson and what was Highway 6. I am flooded constantly. And when I flood, my yard is full. It consequently backs up . if they're going to put a service station in that corner, then what kind of flooding am I going to get? Because the city does not address the fact that the ditches have not been deepened in a good 20 years. . I'm the first house, so I get it all. That's going to be .volatile substances. There's the noise, the loss of the privacy, the enjoyment of the property. And there are three service station within two miles of that corner. Now I have endured months and months of harassment this past winter. I'm dealing with the death of my husband, and I've gotten up in the morning and had heavy construction equipment - I mean a huge backhoe, I've never seen one that big - sitting on my front lawn, which is constantly wet. I go out. They're blocking me into my property. I can't move. I can't get in or out. I can't even walk to my mailbox. They have dug my drive way up. I have a culvert on either side. I can't get out. That went on for two weeks. Then when it melted, my driveway has sunk. I couldn't get ahold of anyone. It's a good ten inches deep . I went out with a wheelbarrow full of bricks and tried to fill in as best I could. But it just continued. This week I've had people wandering through my yard constantly - surveyors, photographers, everything else. They come down my driveway, wander all over my property. I don't like that. I'm used to, you know, having my privacy . then Bell comes along. I'm stuck with them. I'm marooned again. I mean this has been going on since the fall. How much does one person have to put up with? But the biggest problem is this flooding and the seepage . and why was my house number not on this notification?" Mitchell asks staff why property not on the map - "because if that's the case I think legally this has to be readvertised all over again." Muto says Ms Dore's property was sent the notice, but doesn't know why the municipal address isn't on the map, produced by a different division. Mallard: "There's no legal issue with respect to the address not being shown on the map. the lady did receive written notice for the meetings.. Will follow up.." Mitchell: ".this flooding issue has been going on for many many years. It's a huge concern out there, so I'm going to need the public concerns addressed on how we're going to fix that through site plan control. I've been working on it now for a couple of years, had many many staff meetings on site, and it's still not corrected. .and it's the headwaters of Twenty Mile Creek. It does flood there, and it floods right in this corner where this is going to take place, so some appropriate storm drainage plans have to be put in place before this can actually be passed or built. Of course it can be passed today, but as far as building it goes, until that stormwater drainage's corrected, nothing should go forward.

6.2 Application to Amend Zoning By-law No. 87-57 to Permit a Second Dwelling as a Temporary Use, 1928 Powerline Road (Ancaster) (PD05062) (Ward 14) - Referred from Planning and Economic Development Committee on January 6, 2004
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/Mar15/PD05062.pdf. Staff report was not This was described by councillors Ferguson and Whitehead as an "end run" and was unanimously denied.

6.3 Application for a Change in Zoning for the Rear of the Property Located at 9874 Twenty Road West (Glanbrook) (PD05063) (Ward 11)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/Mar15/PD05063.pdf Carried after questions clarified about access to these new homes and how this fits with neighbourhood development plan. Quorum lost briefly at 10:29 am when Ferguson leaves three minutes after Whitehead

6.4 Application for a Modification in Zoning for the Property Located at 902 Main Street East (Hamilton) (PD05068) (Ward 3)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/Mar15/PD05068.pdf
"The proposed modification in zoning would permit the development of the property for a 6 bay coin-operated carwash (see Appendix "C"). The proposed building would be located at the south side of the property with accessory vacuums located along the east of the property. Access would be provided by two existing driveways from Main Street East and one existing driveway from Prospect Avenue South . A second existing driveway from Prospect Avenue South is to be removed. . Owner: 1621971 Ontario Incorporated. Applicant: Joseph M. Venditti." This is located on the same intersection as the Tim Horton's drive-thu at Main and Prospect. Staff report says "The proposal would not have any negative environmental, social or economic impacts."

Greg Macdonald gives the staff report. Says only one written concern from citizens. In response the proponent has agreed to close all traffic accesses opening onto Prospect. "This is to reduce any traffic congestion at the corner of Prospect and Main due to the Tim Horton's drive-thru and the high traffic generated by that use." Petition received prior to finalizing the staff report, signed by 70 area residents, says "they are not opposed to the car wash use, but do not want additional stores on the property." Has also received two phone calls from area residents opposed to the proposal, "again concerned mostly with traffic and safety .. The property is subject to site plan control and details regarding engineering, landscaping, proper vehicular manoeuvring on site, the final access design and location, will be reviewed in detail at that stage."

Whitehead : Asks about petition. Macdonald: people don't want stores because they might create loitering. Application doesn't change the right to have other retail uses. "So in fact the applicant could at some time propose to change the use to another use permitted in the zoning, or to introduce a mixed use building."

Merulla : Asks about Morelli's position. Macdonald has met with him twice and he's indicated he's not in opposition to this application. Merulla indicates he will support it as a result.

Public delegation Evelyn Myrie : 867 Main Street East - against the proposal. Reasons (1) ".the city of Hamilton trying to create neighbourhoods where families could live and thrive. This particular proposal goes against those kinds of principles and values of building communities. It also diminishes the quality of life in the neighbourhood and also restricts the enjoyment of property by owners. Let me tell what that area looks like. . the Tim Horton's attracts so much traffic in the morning that it's difficult for young children going to Adelaide Hoodless school that walk along the Main Street area to cross that area to get to their school. There's also another school called Columbia school . down near Sherman .. problems to cross there. another elementary school . Even for myself, leaving my property in the morning and exiting from my driveway, I have to be very very careful because of Tim Horton's . next to Tim Horton's would be this property which would be a six-bay coin operated car wash thereby adding to the traffic jams and also adding to the safety issues for the children. The issue is not about 'well we need to get more tax dollars'. But the issue is how do we as Hamiltonians in the lower part of the city that is already marginalized and already stigmatized as ghetto areas, then add to it a car wash that certainly doesn't enhance the property, the value or the quality of life in the neighbourhood. . Last night I went out in the very cold weather . every person I knocked on their door were not aware of this issue and signed a petition. . about 25 names that I've collected . Just walking along the street last night everyone told me 'please go to city hall and talk to the council because we are against this in the neighbourhood. It really needs to be strengthened and not to be broken down by another commercial property that really doesn't even fit into the neighbourhood in terms of building neighbourhoods . we're not against other businesses, but a carwash does not lend itself to quality of life in a community or a neighbourhood which is family. There are many families, contrary to the proposal as Greg [Macdonald] spoke of. There are many families that live there. It's not a commercial area only ." says the other petition was circulated by a store owner whereas she "has no self interest but the quality of life in the neighbourhood. . I think city council has to look at the broader picture of how do we build neighbourhoods . and how do we make sure that downtown Hamilton, the lower city, does not continue to get all the businesses which are really against the quality of life issue. And that's really where I'm coming from, really want to build east Hamilton as a neighbourhood that people want to live in." Says Morelli didn't know that people were against it and that he's supportive of whatever the neighbourhood wants to see. [ 1:18 ]

Merulla moves to table this item. Seconded by councillor Ferguson . Whitehead asks for a delay in the tabling motion until the public delegations finish.

Public delegation: [ Teresa ?] "I live on Prospect Street . In speaking with my neighbours on Prospect Street , we're not against development of this lot. It really is an eyesore. However we do have concerns with a car wash for a number of reasons. I would request if this is going to be tabled, that perhaps the city could take into consideration an emissions study." look at emissions from traffic at Tim Hortons, and convenience store at Maplewood and Prospect. "Also we're getting an enormous amount of trash from Tim Hortons. I also oppose any side drive access onto Prospect. It's very difficult for me to get down Prospect to turn right onto Main Street due to the amount of traffic coming out of the side drive at Tim Hortons. And I would also ask maybe that there be an engineering study of making Prospect a one-way street to reduce traffic on that residential street in the future regardless of what the property becomes."

Joe Venditti [applicant]: Says there was a car wash on the property. "All we are trying to do is rezone the property to allow strictly car washes on the property only, no gas station, no other facilities. we have agreed with closing down the Prospect access - the second one, we voluntarily closed down the original one on the south side which is not shown. We have agreed also with the additional landscaping requirements. We have met with every condition of the planning department and other departments. Most of the concerns brought up by the people opposed to this application, I believe will be and can be answered under site plan control, that is engineering, landscaping, traffic, noise studies and lighting. . So I still think that this application merits approval."

Whitehead moves back to the tabling motion. Bratina : "I understand the concerns from the two speakers, because this type of application" Whitehead interrupts and points out that there's no discussion permitted on a tabling motion and Bratina can make his comments in two weeks time. Decision to table the application for two weeks approved unanimously.

6.5 Application for an Official Plan Amendment and a City Initiative for a Change in Zoning for Lands Located at 314 Wilson Street East (Ancaster) (PD05070) (Ward 12)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/Mar15/PD05070.pdf
Hammill House is owned by City, a heritage building and former town hall and location of Information Ancaster. Proposal would allow commercial uses including a restaurant. " It is the intent of the City of Hamilton to lease the subject building to a tenant for a coffee and tea house operation. The lease will be for a period of five years, with a five year renewal option."

David Samis gives the staff report. McHattie supportive of adaptive reuse of a heritage property. Asks about the process. If it were a private owner, it would come to the LACAC committee first for comments, and then to Planning. Here we're starting with Planning and then going to LACAC. Staff explains there's no impact on the heritage designation, just exterior elements which won't be affected by the proposal.

Public delegation by Randall Robertson and Ruth McKeown-Robertson with concerns about parking and traffic and resulting safety. They have a letter in the staff report. They live in a house built in 1879. Also notes that work appears to have started on the project already.

Whitehead asks that questions raised by delegation be responded to by staff, including work starting already, traffic and parking. Staff says they are not aware of work having started. Ancaster bylaw permits that parking can be within 150 metres of a property. There will be a walkway installed to the parking area from the house. Whitehead also asks if restaurant designation will allow changes from coffee and tea house to liquor licence. Staff says size of building would limit future uses.

Ferguson : Building has a lot of history. In the 1950s Ancaster council met there. In the 1970s it housed the Ancaster Library, then a teen drop-in centre, it was a police station too. Then Ancaster information centre. It's been empty since amalgamation. "If we leave it alone for another five years, the roof will fall in. This is an excellent adaptive re-use as councillor McHattie said. It's a fully designated building. The parking issue has been addressed through the planning department. The proponents are three couples in the Ancaster area who just want to have a tea, sandwich shop which is complementary to the village core . will be self sustaining in terms of parking. I'd like to thank the Robertsons for noting the rolling stops and the speeding. We aired it through Ancaster planning committee. Everybody's in favour of it. . What it does do is get all the costs off the city's coffers. The tenant will pay all the operating as well as all the capital so we have a designated heritage building with no cost to the city. There is a tenant in place. Part of the negotiations for the lease is that the city would initiate rezoning. I don't believe construction has started. Perhaps there has been a dumpster put on the location. I know they're anxious to get started." Moves the recommendation. Carried.

7. PRESENTATIONS

7.1 Setting Sail - West Harbour Secondary Plan , West Harbour Master Transportation Plan and Barton-Tiffany Implementing Zoning By-law: RESPONSE TO PUBLIC DEPUTATIONS OF FEBRUARY 7, 2005 (Wards 1 and 2) (PD05037(a) / PW05017(a))

OFFICIAL MINUTES

Chair Whitehead advised that additional written submissions had been received from CN Railways and Otto, Pelech and Powell on behalf of their client, Mr. Rakovac, and that these had been distributed this morning.

Diana Tavares-Morreale and Mary Lou Tanner gave an overview of the staff report, and the lengthy and detailed planning process which had been carried out, with the aid of a powerpoint presentation. Ms. Tanner explained the approval process for the Secondary Plan as an Official Plan Amendment, the Master Transportation Plan and the Zoning By-law.

Staff explained the vision for the Harbour, the strong market potential for housing in the area and the need for noise studies related to the Stuart Street railway yard. Staff also outlined how the staff report addressed the issues which had been raised by delegations at the Public Meeting on February 7, 2005 . Committee discussed the matter and had additional information supplied by staff. Ms. Tavares-Morreale explained that an expansion of VIA Rail/GO services is supported through the planning documents, and that the market studies had concluded that the best use of much of the area would be residential, and that there was little demand for commercial or industrial uses. Ms. Tanner explained further details of the transportation planning, and confirmed that all development that takes place in the area must update the traffic modeling, as it goes ahead.

Peter Tice addressed Committee on behalf of Hotz, a landowner in the area. While his client supported the flexibility of some parts of the plan, he was still requesting that their property be designated as "Deferred" and not "Residential". Staff agreed that a minor wording change to clarify the intent could be made to A.6.3.5.3.2.

Stephen Park addressed Committee on behalf of the Harbour West Neighbours. Mr. Park provided a copy of a letter from his group. He explained that Harbour West Neighbours still had serious concerns about the traffic proposals in the Plan including mobility streets and requested changes be made.

Russ Cheeseman addressed Committee on behalf of B&M Metals and explained that his client did not support the Plan. He gave an overview of the business and the millions of dollars of improvements which had been made over the past few years. Mr. Cheeseman requested that the City give serious thought to how the Plan would be implemented. Staff provided responses to the issues raised.

Committee approved the staff recommendation and requested the Clerk record the approval as being unanimous.

8. DISCUSSION ITEMS

8.1 Zoning for Mini Storage Containers (PD05069) (City Wide) - Referred from Planning and Economic Development Committee on October 19, 2004

8.1.1 Mike Whaling respecting the use of trailers for mini storage facilities.(Delegation approved by Committee on February 1, 2005 )

8.2 Special Event Parking Policy - Hamilton Municipal Parking System (HMPS) Facilities (PD05073) (City Wide) - Referred from Planning and Economic Development Committee on June 22, 2004

8.3 Regulation and licensing of institutions/residential facilities (From Outstanding Business list) (no copy)

No report yet.

8.4 Market Stallholders` Association Parking Report Issues (From Outstanding Business list) (no copy)

8.5 Site Alteration By-law Up-date Report (From Outstanding Business list) (no copy)

8.6 Selection of Member of the Planning and Economic Development Committee to be a member of the Facility Naming Sub-Committee (Matter identified by Council on February 23, 2005 -No copy)

Maria Pearson named to this sub-committee.