Present:

• Mitchell (out 2x for 4 min);
• Ferguson (out 9x for 95 min);
• Pearson (out 2 x for 12 min);
• Bratina (out 2x for 19 min, left at 1:02);
• Whitehead (out 1x for 9 min);
• McHattie (out 3x for 14 min);
• Kelly (out 1x for 6 min, left at 10:13)

Also present:

• Jackson (full meeting, out 6x for 85 min);
• Collins (arrived and left at 11:04 )

Media:

• McGuinness (Spectator; unitl 12:37 );
• Werner ( Brabant ; until 1:12 );
• Mann (CHML; until 1:05 )

CATCH: Don

CHANGES TO THE AGENDA:
Councillor McCarthy has requested that Consent Item 5.2 be deferred to a future meeting, in order to allow two speakers to be heard. On a Motion, Committee approved the deferral of the report to a future meeting and approved the delegation request from John Devon, Principal, Waterdown District High School and Lisa Neddo, Parent Council President, Waterdown District High School , to speak to the item.

5. CONSENT ITEMS

5.1 Amend the City of Hamilton Licensing By-law No. 01-156 to Change the Licensing Fees for Personal Services Facilities (PD01104(d)/SPH05019) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD01104(d).pdf
"The term "personal service facility" refers to business establishments that provide aesthetic services such as electrolysis, manicure/pedicure and hair care. The term also covers establishments that carry out tattooing/body piercing and acupuncture. The Ontario Ministry of Health and Long Term Care require that public health departments inspect personal service establishments a minimum of one time per year. However, the Ministry protocol allows for more inspections based on risk of infection to the public. The City of Hamilton Public Health and Community Services Department therefore inspects high risk tattoo and body piercing establishments three times per year and electrolysis and acupuncture establishments two times per year. These settings have been determined to be a source of spread for serious infectious disease, including Hepatitis B and HIV-AIDS, if proper infection control practices are not maintained. All other personal service establishments are inspected once per year. Currently, a public health inspection fee of $90 is charged annually to each premise to cover the cost of inspections throughout the year."

Jackson asks several questions about this. Notes that "enormous" fees were imposed after amalgamation. Only Flamborough and Stoney Creek had licensing fees before amalgamation. This motion reduces the license renewal fees by $85. It leaves the public health inspection fees at the current rate of $90. Jackson wants further reductions. Mitchell asks how it affects home based businesses. Staff says they are subject to the fees as well. Whitehead asks about frequency of inspections. Staff says provincial law requires once per year, and city does more for high risk establishments. (11 minutes for this item) Approved.

5.2 Provision of Schools to Keep Pace with New Developments (PD03136a) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD03136a.pdf
"The purpose of this report is to update the Committee on the discussions between staff, Councillor McCarthy, the City of Mississauga and the two school Boards with respect to the construction of new schools in developing areas.

The City of Mississauga and the two School Boards introduced 2 innovative approaches which would assist in the orderly development of schools coincident with the growth of new residential units:

. They limited the number of residential building permits per year; and,

. In some areas, the developers dedicated the land to the school boards and delayed the re-payment of the land costs. At the time the program was developed, the municipality was experiencing very rapid residential growth and as a result, the School Boards were facing significant pupil deficits.

The approaches identified above were important in the Mississauga context however, Hamilton does not have large scale residential developments and the School Boards have either a minor or no pupil deficit. Therefore, these measures are not necessary in Hamilton ."

Deferred on request from councillor McCarthy.

5.3 Regulation and Licensing of Institutions/Residential Facilities Referred from the Committee of the Whole on August 12, 2003 (PD05115) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05115.pdf
"This report explains the respective jurisdictions and authorities of a Municipality, Provincial Government and the Federal Government respecting the regulating and licensing of institutions and residential facilities."

McHattie notes that city could establish a registry of group homes and recommends that this be done. Staff confirms this is allowed under the Municipal Act. The registry wouldn't licence or impose regulations. McHattie emphasizes this would not a list made public, but wants one created. Moved by McHattie seconded by Mitchell. Whitehead has concerns about this - "what would we do with that information?" Says there's never been an issue in his ward, and that registry might create stigma about groups homes. Staff says Burlington has a registry. Bratina speaks in support of McHattie motion. Motion carried with Whitehead recorded as opposed. (9 minutes for this item).

5.4 Heritage Permit Application (HP2005-005) Under Part IV of the Ontario Heritage Act to Permit Replacement of the Roof of Philip Shaver House, 1034 Garner Road West, Hamilton (PD05121) (Ward 12).
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05121.pdf

Adopted without discussion.

5.5 Built Heritage Emergency Management Protocol (PD05122) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05121.pdf

Adopted without discussion

5.6 Heritage Permit Application (HP2005-07) Under Part V of the Ontario Heritage Act to Permit Alterations to the Designated Property at 6 Victoria Street (Cross-Melville Heritage Conservation District), Dundas, in the City of Hamilton (PD05125) (Ward 13)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05125.pdf

Adopted without discussion.

5.7 Downtown Hamilton Business Improvement Area (B.I.A.) Resignations from the Board of Management (PD05134) (Ward 2)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05134.pdf

Adopted without discussion.

5.8 Heritage Permit Application (HP2005-003) Under Part V of the Ontario Heritage Act to Permit Replacement of Windows and Construction of an Addition to a Detached Residence Within the St. Clair Heritage Conservation District, 115 St. Clair Avenue, in the City of Hamilton (PD05135) (Ward 3)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05135.pdf

Adopted without discussion.

5.9 Heritage Permit Application (HP2005-004) Under Part V of the Ontario Heritage Act to Permit Replacement of One Lower Level Window with a Below Grade Entrance Door to a Detached Residence Within the Hamilton Beach Heritage Conservation District, 997 Beach Boulevard, in the City of Hamilton (PD05136)(Ward 5)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05136.pdf

Adopted wihout discussion.

5.10 Recommendation to Designate 276-278 King Street West , Hamilton , Under Part IV of the Ontario Heritage Act (PD05137) (Ward 2) http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05137.pdf

Adopted without discussion.

5.11 Potentially Surplus Property, Ontario Realty Corporation, Fifty Road and Baseline Road (PD05138) (Ward 11)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05138.pdf

Adopted without discussion.

6. PUBLIC HEARINGS AND DELEGATIONS

6.1 City Initiative for a Change in Zoning for Lands Located on Part of Lot 13, Concession 7 and a Portion of 1306 Upper Wellington Street, Between Lorenzo Drive and Colin Crescent (Hamilton) (PD05127) (Ward 7)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05127.pdf
Rezoning agricultural lands " to permit approximately 15 single detached lots". 1.7 hectares (4.2 acres)

David Samis makes the staff presentation. These lands are owned by the city and are being rezoned to permit future development. They were declared surplus in 1998. McHattie : "Thinking ahead to the GRIDS process, and understanding that we've got to accommodate a lot more folks in Hamilton over the next 30 years, it seems to me that when we're looking at city of Hamilton initiatives such as this, we should be considering higher densities. I understand that one of the criteria we need to look at . is adjoining land use, and we don't want to put something in place that's entirely out of character with existing neighbourhoods, but I'd just like to ask staff to take me through the thinking process that they went through to decide on single-detached lots, as compared to townhouses, for example, a little bit higher density. Again, if we miss these opportunities, it's going to make it harder and harder to hold the line on the urban boundary over time. ." Samis : ".the majority of the development taking place [in this neighbourhood] is single-detached and the suitability of townhouse sites, higher density sites, would be more attributed for the areas along the major corridors where transit exists currently." McHattie : "I saw the photographs there, and there are houses around this site. They are quite large houses in many cases. ..I don't see why we can't zone this for a townhouse development as this point." Indicates he will save his views for the comment section of the item rather than the question period. Kelly says he wants to move the staff recommendation. Process first requires asking for any public delegations. None come forward. Kelly : "I'd like to move the staff recommendation." Seconded by Pearson. Whitehead asks question of staff: "I heard your explanation for not putting townhouses there is because . it's not adjacent to a major artery or transit system?". Samis : "Yes. Also the neighbourhood plan calls for lots as proposed . That neighbourhood plan was approved by council." Whitehead : ".in the context of Places to Grow and extra 200,000 people, how are we going to do that with a lot of these vacant, surplus and infill lands . what is the strategy in meeting those targets?" Samis : "I'm not aware of what the strategy is over all the city lands or other lands, city owned or non city lands. The application . does follow and implement the neighbourhood plan and that's the direction that we followed for this application." Whitehead : "It's disturbing to hear that the left hand is doing one thing and the right hand is doing something else and you haven't set a comprehensive approach on how we're going to meet the targets laid out by the province of Ontario ." Ask Paul Mallard to respond. Mallard : "That strategy is still being formalized through the GRIDS process and through long range planning as well. But if you look at the map you'll see that this block is really the last remnant part . in the neighbourhood. It's adjacent to the parklands. Very recently . lands to the north of it, that subdivision was approved. And years ago, prior to many members of council being on council or this committee, this portion of the neighbourhood was identified for large lots single-family. So the intent there was to create 50 or 60 foot frontages. So there has been some form of intensification going on here by moving away from that large lot single plan development to more traditional forms and 40 foots, and in some cases they're even reduced to 35 to 38 foot frontages. So there is a little bit of intensification going on. But this is really completing this portion of the neighbourhood for single family residential." Whitehead asks if this is a "missed opportunity". Mallard : "We'll look for those on an individual basis when they come up in terms of the context where they are located, compatability with the neighbourhood and those opportunities. As I said in this case it really is completing the last piece of the puzzle for this portion of the neighbourhood. The servicing is there. The parks are there. The form of development is established and we're satisfied in this case that it's an appropriate form of development." Whitehead : "Again my only reservation is there's going to a lot of these types of lands with a secondary plan is in place and they are infill developments for the completion of neighbourhoods. And if that's the response we get in each case, we'll never meet the targets that the province has laid out for us. I have some reservations about how we're approaching the target . here's an opportunity . suggesting there should be a good mix in that particular neighbourhood. . bit uncomfortable about piecemealing opportunities as they come forward and not addressing those targets." McHattie to Mallard: "If we decided to ask today that the planning department put in a denser form of development, a different type of zoning to allow townhouses for example, what are the ramifications of us making that decision today?" Mallard : "There could be servicing implications in terms of the services already being in place and at capacity. So those issues would have to be looked at." McHattie : "So putting townhouses in there versus single-family homes would affect the servicing that much?" Mallard : "In terms of existing services, your lot coverage, storm drainage, etc. I could refer to Tony [Sergei] to give you a more detailed explanation." Sergei : "When the master servicing plan is conducted in these areas, it's based on a certain amount of intensification and lot coverage. So as we progressively shrink down the size of the lots, we cause more impervious surfaces. So now we have to deal with more direct runoff and the sewer systems in the area have been a combination of .standards so we have to go back and do a complete reassessment of what capacity is actually available. So when we move forward with intensification, we've always been very cautious about where we're planning the higher densities to meet with where the existing capacities exist." McHattie : ".I'd like to try a motion to move to a higher form of density in this area. This committee often, I feel rather redundant as part of the process here in Hamilton . We're constantly being brought proposals to us that are done deals. And at the same time, we're aware of the higher densities we're being asked to take by the province and the GRIDS process is underway. So where there's an opportunity - this is not a developer that's bringing this forward; it's the city of Hamilton . So where there's an opportunity to do something different, I feel like we need to take that opportunity. If not, I don't know what these things even come to us here at this committee. It's entirely a waste of time for us to spend on these things. It can be handled, I'd be happy to delegate stuff like this to staff so we don't waste committee time on items such as this." Whitehead : "Although this is democracy. This is open and transparent . to bring these issue to the forefront." Kelly : "We've probably wasted 10 minutes talking about this, when it should have just been moved forward. Let's look at the facts here. And I would submit that to change the zoning in this situation to try and achieve intensification is doing it on an ad-hoc basis. This is an existing neighbourhood plan. It's already been looked at by staff, approved by a previous council. We're moving forward under the existing plan. To simply say well we're not going to do this now because well we're working on Places to Grow or we're working on a strategic plan for the future, so we're not going to maintain any of these existing plans. I think it would be ludicrous. I want to move forward on this. The GRIDS process is moving forward. The strategic plan will be moving forward and the densitifcation models will be developed at that time, and those will be reflected in the .programs that staff bring forward. In the meantime, as Mr. Mallard's already indicated, this is the final piece of a pre-designated and pre-approved neighbourhood plan. Let's just move forward with this and get on with some of the other issues on the agenda." [35:30]

The staff proposal was adopted by a 4-3 vote with Kelly, Pearson, Ferguson and Mitchell supporting it, and McHattie, Whitehead and Bratina opposed..

15 minutes for this item.

6.2 Application for a Modification in Zoning for Lands Located on Annabelle Street , Lot 23, Registered Plan 62M-1024 (Hamilton) (PD05120) (Ward 8)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05120.pdf
Add a semi-detached dwelling.

21 minutes for this item.

6.3 City Initiative for a Change in Zoning for Lands Located on the North Side of Stone Church Road East Between Upper Sherman Avenue and Rambo Street (Hamilton) (PD05126) (Ward 7)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05126.pdf
"The purpose of this initiative is to change the zoning of City lands, located on the north side of Stone Church Road East between Upper Sherman Avenue and Rambo Street, as shown on Appendix "A". The rezoning will facilitate the future subdivision of the subject lands for a potential 13 single detached residential lots and a new public street ( Ardleigh Street ). The "R-4" zoning also permits semi-detached dwellings. The subject property is a vacant lot which was acquired by the City over fifteen years ago for a future library site. The lands are no longer required for a library and will be sold on the open market." 0.730 hectares (1.80 acres)

Councillor McHattie requested that he be recorded as opposed.

10 minutes for this item.

6.4 Applications for an Official Plan Amendment and Change in Zoning for Lands Located Within "Trillium Estates (Seabreeze Estates) Phase 2", Whitefish Crescent (Stoney Creek) (PD05129) (Ward 11)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05129.pdf

Committee reviewed the issues of the noise wall, and the need for its extension. Staff confirmed that the wall would be extended and advised that a comprehensive study of noise criteria is being prepared. Committee then considered the development density proposed and the future provision of HSR service to the area. Councillor McHattie requested additional information on the matter of HSR service provision, and Chair Whitehead suggested that a staff person from HSR be requested to attend the next meeting, to present a verbal overview. Committee agreed that this should be direction to staff. The Clerk clarified that a similar item was already on the Outstanding Business List, with a due date of June 7, 2005 , and agreed to provide further details to Councillor McHattie .

21 minutes for this item.

6.5 Application for a Change in Zoning for the Lands Located at 25 Talbot Lane (Glanbrook) (PD05131) (Ward 11)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05131.pdf
"The applicant is requesting to rezone the subject lands from the Deferred Development "DD" Zone to the Airport-Related Business "M5" Zone, in order to permit the future development of commercial mini storage units and a sales office (see Appendix "A"). The applicant has recently purchased the property with the intention of operating a sales office out of the existing residential unit and constructing mini storage commercial units (see Appendix "B"). Through the circulation of the rezoning application, it was determined that there is insufficient road infrastructure as well as sanitary servicing and water supply. However, the proposed rezoning application has merit as it is consistent with the proposed industrial and commercial uses intended for the Airport Industrial-Business Park ."

Gene Dupuis , 2280 Upper James, addressed Committee and expressed his concerns about the increase in traffic from the proposed business, the poor condition of Talbot Lane , the lack of water services and the current use of storage containers on the site. Steve Adam, 14 Talbot Lane , addressed Committee and echoed the concerns of the previous speaker. Mr. Adam added that Talbot Lane was too narrow for two-way traffic and was already in poor shape. Mike Van Houten , 38 Talbot Lane , addressed Committee and agreed with the points made by the previous speakers. He explained that gravel had been dumped on the subject property, blocking the usual storm water flows and causing excess flow across his property. Mr. Van Houten continued that the use of the existing storage containers was unsightly, that the existing traffic and safety problems on Talbot would be made worse by a new business, particularly with children walking along the roadway. He noted there were no sidewalks and asked how a fire truck would access the area. Henry Merling , the applicant's agent, addressed Committee in support of the application. He explained that Mario Capella, the owner, lived on Talbot Lane and was willing to give land to widen the road. Mr. Merling provided additional background to the proposal and noted his agreement with the proposed "H" holding zone. He agreed that the four storage containers were there illegally and that these would be removed. Chair Whitehead noted that the Public Meeting had been concluded. Committee discussed the issue and on a Motion by Councillor Mitchell, seconded by Councillor Pearson, a decision on the matter was tabled to the meeting of June 21, 2005, pending the applicant`s removal of all the storage containers.

27 minutes for this item.

6.6 Application to Amend Zoning By-law No. 3692-92 for Lands Located at 411 Highway No. 8 (Stoney Creek) (PD05130) (Ward 10)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05130.pdf
"Zoning Application ZAC-05-018, Vince Sabatelli, Owner , for a further modification to the Local Commercial "LC-9" Zone to permit one residential unit as an additional permitted use in conjunction with a local commercial use"

3 minutes for this item.

6.7 Applications for an amendment to the Elizabeth Gardens Draft Plan of Subdivision Approval and for a Change in Zoning for Lands Located within Part of Lot 1, Concession 4 in the Former Township of Glanbrook (Binbrook) (PD05132) (Ward 11)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05132.pdf
Owner is Losani Homes.

John Ariens, the applicant's agent, addressed Committee in support of the proposed development. Councillor Mitchell asked for details about the storm drainage, and Mr. Ariens confirmed that the pond remains in the south-east corner, the design has been adjusted on Crescent Road and that the storm water details are included in the subdivision agreement. Committee approved the staff recommendation.

9 minutes for this item

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/May17/Item%206.8.pdf

Michael Tellerd and John Petropoulos addressed Committee with the aid of a powerpoint presentation. Mr. Tellerd provided Committee with a copy of two handouts, which will become part of the public record.

Mr. Petropoulos outlined the significant problems which M&M Tables has faced with the construction of the adjacent plaza, which has been graded to be several feet higher. The problems include the retaining wall, fencing, access to the M&M well, the storm sewer line, snow accumulation and a general reduction in visibility of the M&M business. Committee discussed the matter in detail and had additional information provided by the delegation and by staff. Staff explained that discussions between all parties are on-going and that final details of the sites have not yet been reached. Councillor Mitchell advised that Councillor Bruckler, the Ward Councillor, had been assisting Mr. Tellerd but was away on vacation. Councillor Mitchell noted that there was still a lot of work to be done here, to help M&M and to retain the existing business. On a Motion, by Councillor Mitchell, seconded by Councillor Pearson, Committee directed staff to continue to work with Mr. Tellerd and the abutting owners, to seek solutions to the problems, and to bring a report back on the issues and the resolution.

33 minutes for this item.

7. PRESENTATIONS

7.1 Proposed Parks Official Plan Policies and Zoning By-law Regulations. (Verbal presentation-no copy)

Joanne Hickey-Evans provided an overview of the matter, with the aid of a powerpoint presentation. A copy of the presentation was provided for the public record. Ms. Hickey-Evans gave an overview of the public consultation process and how the policies regarding parkland were formulated. Andrea MacDonald provided an overview of how the new by-law would reflect the Official Plan vision of parks in the City, using clear, consistent and flexible standards. Ms. MacDonald added that Public Uses would be permitted in all Open Space Zones, except in the P1 zone, which permitted the smallest level of park. A copy of the presentation was provided for the public record. Ms. Hickey-Evans explained that Official Plan and Zoning By-law Amendments would be brought forward to Committee in the Fall. Committee discussed the matters and staff provided additional information. Councillor McHattie noted the importance of passive open space and staff agreed to research information on possible standards for this type of park.

On a Motion by Councillor Pearson, seconded by Councillor Ferguson, the staff presentations were received.

49 minutes for this item.

7.2 Provincial Hydro Corridor Secondary Land Use Project (PD05128)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/PD05128.pdf
"Local and Regional Municipalities in Ontario have been asked by the Province to identify new potential secondary public land uses along hydro corridor lands as part of the Provincial Secondary Land Use Program (PSLUP). The Program applies only to those lands previously owned by Hydro One where the primary use is the transmission of electricity. A PSLUP submission provides an opportunity for municipalities to identify future infrastructure plans and projects related to transportation, recreation and any other locally significant linear or non-linear uses on hydro corridor lands."

Alissa Mahood gave an overview of the matter, with the aid of a powerpoint presentation. Ms. Mahood explained the background to the report and explained how staff had responded to the request by the Province to identify new potential secondary public land uses along hydro corridor lands. Committee approved the staff recommendation.

4 minutes for this item.

8. DISCUSSION ITEMS

8.1 Taxicab Inspection and Enforcement (PD05141) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May17/Taxicab
%20Inspection%20Report%20PD05141.pdf

Councillor Ferguson declared an interest regarding Item 8.1 as a family member has an interest in a taxi cab company.

Prior to the commencement of this item, Councillor Ferguson left the Chamber. Tom Redmond, Doug Rose and Randy Charlton gave an overview of the report. Staff explained the inspection blitz on March 14, 15 and 16, 2005 and its results and the changes staff is proposing, as a result. Mr. Rose explained how a Taxi Policy Manual is being developed, with input from the stakeholders. It is expected that this will be ready for presentation to Committee in 2006. Committee discussed various aspects of the matter in detail, including the involvement of police services, the use of licensed mechanics, safety certificates and their provision, and the changes in the inspection process. Committee approved the staff recommendation. Following the completion of this item, Councillor Ferguson returned to the Chamber.

26 minutes for this item