Staff:
Tim McCabe, Anita Fabac, Al Fletcher. Jo Ann Priel & one other there for Staff presentation.

Only media was Kevin Werner of the Brabant newspapers.

6. PUBLIC HEARINGS AND DELEGATIONS

6.1 City Initiative-Stage One of the New Comprehensive Zoning By-law: Downtown Zones, Amendments to the Downtown Secondary Plan, Enactment of a New Sign By-law for the Downtown Area (PD05123)
(Ward 2)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/May19/PD05123.pdf.

Recommendations were Approved - Motion by Ferguson , 2nd by Pearson

but approved with - 

1) 25 wording and height and lot size amendments on 2 pages - prepared/submitted by Staff  prior to meeting (see below).

2) Additional Recommendation proposed by Staff at instigation of McHattie`s earlier-in-week proposal re City`s Use of Public Land without public process. Changes were previously recommended by John Norris of Mountainview Residents for Recreation in Hamilton . Now department required to contact Ward Councillor AND Chair of Standing Committee. The Ward Councillor &/or Standing Committee Chair will make decision as to whether proposed use requires public consultation to solicit public input. Should Councillor or Standing Committee Chair require public consultation, the proposing Dept will coordinate & lead process with the Councillor`s office. Upon completion of Public Consultation, report brought forward to Dept`s respective Standing Comm for discussion & to permit hearing of public input. Final decision made by council.

3) Zoning for Resident Care facilities will include Group Homes along with other definitions - prompted by Pearson

4) Planning Dept directed to "expedite currently worked on Urban Design Guidelines as soon as possible/ before end of `05 - prompted by Ham-Burlington architect group represented by a Hamilton architect firm head after she gave numerous examples of problems with new zoning and old design rules.

5) Also three extensions of zone boundaries after delegations from property owners or their reps (Sergio Manchia, James Webb & Patrick Brown)

Sergio Manchia, Planning and Engineering Initiatives, addressed Committee on behalf of various clients and congratulated staff on the new by-law. He noted that the consultation with special-interest groups had been favourably received. Mr. Manchia requested that a small area of the north-east corner of the intersection of Main Street East and John Street be permitted to have a height of 80 metres, so that it could be developed in conjunction with the former Royal Connaught Hotel.

John Norris of Mountainview Residents for Recreation in Hamilton, addressed Committee and thanked staff further for their help with his issues. He explained the background to his group and advised that his issues, regarding Public Uses permitted in all zones, as this affected parks, had been addressed in the revised recommendation presented by staff. See presentation by John Norris.

Patrick Brown, 123 Jackson Street West, addressed Committee with his concerns abut the height proposed for a block on Hunter Street, adjacent to his property. He explained the negative impact re-development to that height would have on his property and requested similar consideration. Committee discussed the issue and agreed that staff would be directed to consult with him at the Site Plan stage for the development. See Patrick Browns' presentation.

Gary Kay, the lawyer for Mr. Qaisar, addressed Committee with his concerns about the future development at 126 Main Street East. He explained that his client had made an offer to purchase the property in early 2005, to develop a gas station and commercial complex. While his client had done his "due diligence" and had made building permit and site plan applications, he had not been informed until very recently of the prohibition on this type of use in the Downtown Secondary Plan and the proposed zoning by-law. Mr. Kay requested that the building permit and site plan as applied for be issued, in accord with established legal practice. Committee directed staff to review the matter further and continue the discussions with the delegate.

Elmer Fyfe, a resident of Hamilton Mountain , addressed Committee on a number of different matters. Chair Whitehead requested that Mr. Fyfe address the issues in the staff report. The delegate continued to speak on different topics and the Chair asked him to stop. Mr. Fyfe left the Chamber.

James Webb, GSP Planning Consultants, addressed Committee and spoke in favour of the preparation of Urban Design Guidelines. He commended the City for the preparation of the new by-law. Mr. Webb continued that he represented the owners of 221 York Boulevard , the former Barn Supermarket, and said that while the original intent for the redevelopment of the property had been a fitness club alone, the owners are now pursuing a mixed-use concept. Mr. Webb explained that a rezoning application for the site was therefore in preparation.

There was also a presentation by Joanne McCallum, McCallum Sather Architects Inc., Member, Past Chair 99'2001 Hamilton-Burlington Society of Architects. See presentation by Joanne McCallum.

Changes adopted at the meeting included the following:

APPENDIX A TO REPORT PED 05-012

1. That Section 1.11 a) be amended by deleting the words "has been" and inserting the words "is required by and" between the words "permit" and "issued".
   
   
2. That the Amusement Arcade definition located in Section 3 be amended by replacing the words "a commercial" with "an".
   
   
3. That Section 3: Definitions be amended by adding the following definition:
   "Habitable Room - Shall mean any room used for living, eating or sleeping, but does not include a bathroom, laundry, corridor, cellar or other space not used frequently or for extended periods."
   
   
4. That the Landscaping definition located in Section 3 be amended by deleting the words "and utility" and inserting the word "and" between "enjoyment" and "recreation".
   
   
5. That the Outdoor Commercial Patio definition located in Section 3 be amended by deleting the words "seating accommodation is provided".
   
   
6. That Section 4.6 d) be amended by replacing the words "a required front yard or required rear yard" with "any required yard"
   
   
7. That Section 4.8 c) be replaced with the following:
   
   "All buildings accessory to a residential use shall not exceed a gross floor area, including areas devoted exclusively to parking, of 97 square metres, or exceed 30% lot coverage of the yard in which the accessory buildings are located. This regulation shall not apply to an inground swimming pool."
   
   
8. That Section 4.8 d) be amended by adding the words "including areas devoted exclusively to parking" between the words "area" and "of".
   
   
9. That Section 4.8 f) be amended by adding the words "including areas devoted exclusively to parking" between the words "area" and "between".
   
   
10. That Section 4.8 g) be amended by adding the words "including areas devoted exclusively to parking" between the words "area" and "greater".
    
    
11. That Section 4.9 a) be amended by adding the words "0.6 metres from a side lot line" between the words "line" and "and".
    
    
12. That Section 4.20 c) be amended by inserting the word "not" between the words "shall" and "be".
    
    
13. That Section 4.21 a) iv) be amended by deleting the words "excluding a dry cleaning plant".
    
    
14. That Section 4.21 b) xi) be amended by replacing the word "lane" with "laneway".
    
    
15. That Section 5.1 b) vii) 1 be amended by adding the word "frontage" after the word "street".
    
    
16. That Section 5.2 d) i) be amended by replacing "6.0 metres" with "5.5 metres".
    
    
17. That Section 5.2 f) be amended by replacing "6.0 metres" with "5.5 metres".
    
    
18. That Section 5.3 a) be amended by adding the word "parked" between the words "or" and "except".
    
    
19. That Section 5.6 b) be amended by replacing the word "locate" with "located".
    
    
20. That Section 6.2.3 c) iii) 1 and Section 6.3.3 c) iii) 1 be amended by replacing the word "are" with "area".
    
    
21. The following be added to Section 6.2.3 c) and Section 6.3.3 c):
    
    "iv) Notwithstanding the above, for properties designated under the Ontario Heritage Act, any alternative building design or building materials approved through the issuance of a Heritage Permit shall be deemed to comply with this Section."
    
    
22. That "Bed and Breakfast" be removed from Section 6.4.1 and Section 6.5.1.
    
    
23. The following be added to Section 6.5 Downtown Residential Zone (D5) Zone:
    
    "6.5.2.5 Place of Worship Regulations:
    1. Minimum Lot Width 12.0 metres
    2. Maximum Front Yard 3.0 metres
    3. Maximum Flankage Yard 3.0 metres
    4. Maximum Side Yard 7.5 metres
    5. Minimum Rear Yard 3.0 metres
    6. Building Height
       1. Minimum 9.0 metres;
       2. Maximum building height shall be in accordance with reference to the lot location and applicable building height maximum indicated on Figure 1 of Schedule "F" - Special Figures.
    7. Parking Requirements In accordance with the requirements of Section 5.
    8. Visual Barrier A visual barrier shall be required along any side or rear lot line abutting a Downtown D1, D2, D3 or D4 Zone in accordance with the requirements of Subsection 4.19 of this By-law."
       
       
24. That Section 6.6.2.1 d) be replaced with:
    "Maximum Side Yard 7.5 metres"
    
    
25. That Figure 1: Maximum Building Heights of Schedule "F" - Special Figures be replaced with the attached figure 1, as amended to increase to 80 metres the height of the block at the north-east corner of the intersection of Main Street East and John Street , to be dated May 25, 2005.