Present:
Note presence only recorded until 11:45 (start of in camera session).

• Whitehead;
• Bratina (out 2x for 8 min);
• Merulla (out 2x for 3 min);
• McHattie (out 1x for 3 min);
• Pearson (out 1x for 2 min);
• Ferguson (out 5x for 26 min);
• Mitchell (arrived 10:17; out 1x for 1 min);
• Kelly (arrived 11:02).

Also present:

• McCarthy (out 1x for 4 min);
• Samson (only from 10:44 to 10:48 );
• Bruckler (arrived 11:19 )

Media:

• McGuinness (Spectator),
• Mann (CHML),
• Werner ( Brabant ; arrived 10:08 );
• Cornish (Flamborough Review).

Changes to the Agenda

(i) Additional Delegation request from Diego Almonte and Frank Bergen, respecting the Gateway proposal for King and Hess Streets (Item 4.3);

(ii) An additional Confidential Report regarding a property matter on Tradewinds Drive (Item 13.1);

(iii) The delegation Item 6.6, Starward Homes regarding Appleblossom Drive , has been withdrawn;

(iv) An additional item regarding By-law Infractions at the Stoney Creek Airport . This was requested by Committee at the April 19, 2005 meeting.

4. DELEGATION REQUESTS

4.1 Request to address Committee by Scott Snider, Turkstra Mazza, respecting Item 9.2 - Flamborough Official Plan and Zoning By-law Amendment - Application to Permit an Expansion of Rural Industrial Development , 6th Concession Road East (Flamborough)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/Item%204.1.pdf

4.2 Request to address Committee by Richard Tupholme respecting Item 9.2 - Flamborough Official Plan and Zoning By-law Amendment - Application to Permit an Expansion of Rural Industrial Development, 6th Concession Road East (Flamborough)

Both approved along with 4.3 (see changes to agenda)

5. CONSENT ITEMS

5.1 Demolition Permit - 269 Britannia Avenue (PD05103) (Ward 4) http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/PD05103.pdf
"demolish the existing single family dwelling and construct a new single family dwelling."

5.2 Declaration of Surplus Property Located at 471 Upper Paradise Road , Hamilton (PD05117) (Ward 8)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/PD05117.pdf
Selling 550 square metres to St. Andrew's Church.

5.3 Appointment of the Chief Building Official, Deputies and Inspectors (PD05109) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/PD05109.pdf

All consent items approved. There was no discussion on any consent item.

6. PUBLIC HEARINGS AND DELEGATIONS

6.1 Application for a Change in Zoning for Lands Located at 872 Concession Street (Hamilton) (PD05111) (Ward 6)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/PD05111.pdf
Zoning " to permit a semi-detached dwelling on lands to be severed and to recognize the existing single family dwelling fronting onto Concession Street on lands to be retained"

Staff report dispensed with. No discussion. No public delegations. 3 minutes for this item.

6.2 Application for a Change in Zoning for Lands known as 293 Upper Centennial Parkway ( Stoney Creek ) (PD05113) (Ward 9)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/PD05113.pdf
"to permit a Sign and Engraving Business"

Quorum lost briefly when Ferguson left. Staff report dispensed with. No discussion. No public delegations. 4 minutes for this item.

6.3 Application for a further Modification in Zoning for Lands located at 21 and 35 Stone Church Road (Ancaster) (PD05112) (Ward 12)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/PD05112.pdf
"to permit Retail Stores to a maximum of 100m2, Instructional Services, a Printing and Publishing Establishment and a Sub-Post Office, to restrict the maximum floor area of Restaurants to 450m2, and to establish a minimum parking requirement of one space for each 20m2 of floor area" Owner: T.R.L. Investments Limited Agent: Cornacchia Planning Services Inc. (Attn. Vince Cornacchia)

No presentation. No public. No discussion. 2 minutes for this item.

6.4 Application for an Official Plan Amendment and Change in Zoning for the Property Located at 359 Winona Road (Stoney Creek) (PD05114) (Ward 11)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/PD05114.pdf
"redesignating the subject lands from "General Commercial" to "Residential" and "Low Density Residential"." to permit the subject lands to be developed for six single detached dwelling lots" Owner/Applicant: 16218760 Ontario Inc. c/o Marc Marini and Philip Luzi (owners)

Staff presentation provided on request from McHattie. No public. No discussion. 5 minutes for this item.

6.4.1 Correspondence received from Louise Yachetti http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/Item%206.4.1.pdf
Supports application.

6.4.2 Correspondence received from Elizabeth Toohey http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/Item%206.4.2.pdf
Supports application.

6.5 Application for a Change in Zoning for Lands Located at Lot 1, 2 and Part of Lot 3, "Deerfield Estates Addition", Candlewood Drive (Stoney Creek) (PD05110) (Ward 9)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/PD05110.pdf
"Zoning Application ZAR-05-14, by Rob-Geof Properties Limited, applicant , for a change in Zoning from the Single Residential "R2" Zone (Block "1") and the Single Residential "R3" Zone (Block "2") to the Single Residential "R3-23" Zone, for lands located at Lot 1, 2, and Part of Lot 3, "Deerfield Estates Addition", Candlewood Drive (Stoney Creek), to permit three single detached dwellings .

No staff presentation. No public delegations. No discussion. 2 minutes for this item.

6.6 Ward Campbell, Starward Development Services Ltd . and Darryl Sage, Hamilton District School Board, respecting Appleblossom Drive (Delegation approved by Committee on April 19, 2005)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/
Item%206.6%20-%20Ward%20Campbell.pdf.

This item was withdrawn

6.7 Dr. John Knechtel respecting the Ancaster Community Plan (Delegation approved by Committee on April 19, 2005)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/Item
%206.7%20-%20John%20Knechtel.pdf

Delayed until after Discussion items. Considered after 8.3.

Dr. John Knechtel addressed Committee and provided the background to the Ancaster Community Committee and how they operate.

Dr. Knechtel provided Committee with a copy of his report, which will become part of the public record.

Dr. Knechtel explained that the Ancaster Community Plan outlines how the residents would like to see Ancaster in 25 years. He explained that while additional public input is still needed, the Plan concludes that development should include a heritage theme, that the residents would like an updated Sign

By-law, Official Plan and intensification policies which reflect the wishes of the residents, a remodeled library, new soccer pitches and a new cultural centre. Councillor Ferguson thanked the delegation for all their work and recognized a former Reeve of the Town of Ancaster , Mr. Art Bowes, who was present in the audience and is part of the ACC. Councillor Ferguson suggested that each community across the City might consider preparing a similar plan for their area. On a Motion by Councillor Ferguson, seconded by Councillor Mitchell, Committee received the delegation and directed that the Ancaster report be referred to staff for their consideration in the Official Plan review process.

6.8 Michael Tellard, President, M&M Tables, respecting construction of the new Highland Plaza at Upper Centennial Parkway and Highland Road (Delegation approved by Committee on April 19, 2005)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/
Item%206.8%20-%20Michael%20Tellard.pdf
660439 Ontario is proponent.

Mr. Michael Tellard was not present to address Committee. On a Motion by Councillor Mitchell, seconded by Councillor Pearson, the delegation was referred to the next meeting of Committee.

8. DISCUSSION ITEMS

8.1 Amendments to the Site Alteration By-law (PD05097) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/PD05097.pdf

Tom Redmond provided an overview of the staff report and explained that the By-law was working well. He noted that amendments to the By-law were being proposed, based on the experience during the first year of its operation, including a reduction in the circulation area requirements in the urban area, the prohibition on the acceptance of asphalt and the introduction of inspection charges.

12 minutes for this item.

8.2 Information Request Due to Public Safety Related to Dogs statute Law Amendment Act, 2005 (PD05116) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/PD05116.pdf
Implications to the city of the new provincial law on pit bulls.

Tom Redmond provided an overview of the staff report and explained how the new law would operate with regard to pit bulls and associated breeds. Mr. Redmond noted that existing pit bulls (and associated breeds) already living in Ontario would be "grandfathered" by the new legislation providing that they are spayed or neutered, and that the dogs will be required to be leashed and muzzled. He explained that after October 2005, no further pit bull dogs could be acquired. Mr. Redmond explained that every dog owner should ensure that they purchase a dog licence, since this will be the only way of proving that a pit bull is a "legal" dog, and grandfathered under the requirements of the new legislation.

10 minutes for this item.

8.3 Harmonization of Discharge Firearm Bylaws (PD05119) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/PD05119.pdf
"In order to facilitate effective and uniform regulations throughout the City of Hamilton it is necessary and expedient to harmonize each former municipality's individual by-law into one comprehensive by-law. To this end staff reviewed all of the existing Discharge Firearms By-laws and incorporated the most appropriate portions of the existing by-laws. Staff has incorporated provisions necessary to address the changes to urban and rural areas that are particularly specific to the expanding City of Hamilton ."

Randy Charlton provided an overview of the staff report and explained the harmonization of the firearm by-laws and how enforcement would be undertaken by the police.

3 minutes for this item.

Item 6.7 considered at this point. 9 minutes for this item.

9. ITEMS REFERRED BY CITY COUNCIL

9.1 Council Communication referred by City Council at its meeting of April 13, 2005 from Cameron Mack, Director, Fish and Wildlife Branch, Ministry of Natural Resources respecting Sunday Gun Hunting in Ontario
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/Item
%209.1%20-%20Sunday%20Gun%20Hunting.pdf
Request to allow hunting on Sundays.

One minute for this item.

9.2 Application to Amend the Flamborough Official Plan and Zoning By-law No. 90-145-Z to permit an expansion of Rural Industrial Development for Part of Lot 5, 6th Concession Road East, Flamborough (PD05084) (Ward 15)- Item 13, Planning and Economic Development Committee Report 05-008.Referred by City Council at its meeting of April 13, 2005
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May03/Item%209.1%20-
%20Sunday%20Gun%20Hunting.pdf

Chair Whitehead advised that the previous recommendation to approve the application had been referred back to Committee by Council. He added that two delegations, Scott Snider and Richard Tupholme, had been approved to speak on the matter today. Scott Snider, Turkstra Mazza, addressed Committee on behalf of the applicant, Charles Cetinski. Mr. Snider noted that he had sent a Brief to all Councillors and the Clerk, and he highlighted various items from this document. Mr. Snider commented and gave his corrections upon a number of items which had been mentioned at the previous Planning and Economic Development Committee Meeting and at Council. He explained that the subject property was not a swamp, the water bottling had always been a legal business, the MOE has no outstanding concerns, and that fill had been placed on the site by unknown people. Mr. Snider also addressed points raised in a recent letter from Conservation Halton. He urged Committee to support the application. The Chair confirmed that the letter from Conservation Halton had been distributed to Committee members this morning. Committee asked the speaker a number of questions regarding his presentation and the Halton Conservation letter, and staff also provided information. Richard Tupholme, a resident of Flamborough Centre, addressed Committee on behalf of himself and a group of neighbours, with the aid of a powerpoint presentation. He highlighted concerns about the previous planning in the area and associated OMB decisions, the discharge of water into a drainage ditch from the bottling operation, the poor condition of the 6th Concession road, flooding in the area and a general lack of enforcement. He urged Committee to reject the application. On a Motion, Committee received the two delegations. Committee discussed the matter at length and considered the matters raised by the delegations. Paul Mallard explained staff's request to add one further condition of approval to those which had been prepared following Committee's direction. He explained that there was a need for a condition regarding a 20 metre setback to provide buffering consisting of a berm and solid fence along the easterly lot line in the rear yard, in order to address Conservation Halton's comments.

Staff also noted their interpretation that the approval of crane storage would also need a Regional Official Plan Amendment. Mr. Mallard explained that the applicant disagreed with this interpretation. On a Motion by Councillor Ferguson, seconded by Councillor Mitchell, Committee approved the extra condition on setbacks and buffering as an amendment to the original recommendation for approval. Committee confirmed their approval of the original Motion, as amended. Committee then discussed the possibility of an appeal to the OMB. Staff confirmed that in the event of an appeal of an approval, the City would need to hire an outside planner to present its case. Chair Whitehead advised that the original Motion, with the amendment regarding the added condition, would proceed to Council on May 11, 2005 .

9 minutes for this item.

Committee moved in camera at 11:45 pm .

13.1 Proposed Amendment to Terms of Sale , Ancaster Industrial Park , Tradewinds Drive (PD05027(a)/EC05003(a) (Added Item) Chair Whitehead advised that Committee had met In-Camera to discuss this matter. Committee approved the staff recommendation.

13.2 Stoney Creek Airport , Mud Street (Added Item) Chair Whitehead advised that Committee had met In-Camera to discuss this matter. Committee approved a Motion regarding this matter.