Planning and Economic Development Committee REPORT … · Planning and Economic Development...

Planning and Economic Development Committee REPORT 04-005

March 2, 2004 9:30 a.m.

Council Chambers Hamilton City Hall

___________________________________________________________________ Present: Councillor B. Kelly – Chair Councillors M. Ferguson, Horwath S. Merulla, D. Mitchell,

M. Pearson, B. McHattie, T. Whitehead Also Present: Mayor DiIanni, Councillors D. Braden, P. Bruckler, B. Morelli Absent with regrets: Staff Present: L. A. Coveyduck – General Manager, Planning and

Development P. Mallard, H. Boles, A. Fabac, J. Hickey-Evans, A. Fletcher,

P. Mason, B. Janssen, P. Moore – Planning and Development

R. Marini, J. Goodram – Downtown Renewal D. Adames – Tourism Hamilton T. Redmond - Building N. Everson – Economic Development A. Rawlings - City Clerk's Office Chairman Bill Kelly called the meeting to order. THE PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE PRESENTS REPORT 04-005 AND RESPECTFULLY RECOMMENDS:

Council – March 10, 2004

(2) Planning & Economic Development Report 04-005 Committee


1. Demolition Permit – 1272 Cannon Street East (PD04051) (Ward 4) (Item 6.1) That the Acting Director of Building and Licensing be authorized and directed to issue a demolition permit for 1272 Cannon Street East in accordance with By-Law 74-209 pursuant to Section 33 of The Planning Act as amended. 2. Demolition Permit – 35 Dundurn Street South (PD04052) (Ward 1) (Item 6.2)

That the Acting Director of Building and Licensing be authorized and directed to issue a demolition permit for 35 Dundurn Street South in accordance with By-Law 74-209 pursuant to Section 33 of The Planning Act as amended.

3. Demolition Permit – 33 Dundurn Street South (PD04053) (Ward 1) (Item 6.3) That the Acting Director of Building and Licensing be authorized and directed to issue a demolition permit for 33 Dundurn Street South in accordance with By-Law 74-209 pursuant to Section 33 of The Planning Act as amended. 4. Demolition Permit – 25 Dundurn Street South (PD04054) (Ward 1) (Item 6.4) That the Acting Director of Building and Licensing be authorized and directed to issue a demolition permit for 25 Dundurn Street South in accordance with By-Law 74-209 pursuant to Section 33 of The Planning Act as amended. 5. Demolition Permit – 21 Dundurn Street South (PD04055) (Ward 1) (Item 6.5) That the Acting Director of Building and Licensing be authorized and directed to issue a demolition permit for 21 Dundurn Street South in accordance with By-Law 74-209 pursuant to Section 33 of The Planning Act as amended.

6. Demolition Permit – 3 Emerald Street South (PD04056) (Ward 3) (Item 6.6) That the Acting Director of Building and Licensing be authorized and directed to issue a demolition permit for 3 Emerald Street South in accordance with By-Law 74-209 pursuant to Section 33 of The Planning Act as amended.



7. Demolition Permit – 99 Stone Church Road West (PD04057) (Ward 8) (Item

6.7) That the Acting Director of Building and Licensing be authorized and directed to issue a demolition permit for 99 Stone Church Road West in accordance with By-Law 74-209 pursuant to Section 33 of The Planning Act as amended. 8. Demolition Permit – 181 Homewood Avenue (PD04058) (Ward 1) (Item 6.8) That the Acting Director of Building and Licensing be authorized and directed to issue a demolition permit for 181 Homewood Avenue in accordance with By-Law 74-209 pursuant to Section 33 of The Planning Act as amended. 9. Parkland Dedication By-Law Amendment (PD03171(a)) (City Wide) (Item

6.11) That the Parkland Dedication By-law No. 03-199 be amended to correct the typographical and other wording deficiencies in s.12 (Transition) thereof through the enactment of the amending By-law, attached as Appendix “A” to Report PD03171(a). 10. Main Street West Business Improvement Area (B.I.A.) Appointment of the

2004-2006 Board of Management (PD04067) (Ward 1) (Item 6.12) That the following individuals be appointed to the Main Street West B.I.A.’s Board of Management for a three (3) year term: Michelle Kingson, RBC, 65 Locke Street South Izabela Kobylanski, Izzy’s, 354 Main Street West Jeff W. Bush, J. W. Bush Gallery, 459 Main Street West Councillor McHattie, Ward One 11. Main Street West Business Improvement Area (B.I.A.)

Proposed Budget and Schedule of Payment for 2004 (PD04068) (Ward 1) (Item 6.13)

a) That the 2004 operating budget for the Main Street West B.I.A. (attached as Appendix ‘A’ to Report PD04068) be approved in the amount of $14,000;



b) That the 2004 levy portion of the operating budget for the Main Street West B.I.A. in the amount of $5,000 be approved; c) That the General Manager of Corporate Services be hereby authorized and

directed to prepare the requisite by-law pursuant to Section 208, The Municipal Act, 2001, to levy the 2004 budget as referenced in sub-section (b) above;

d) That the following schedule of payment for 2004 be approved: March $2,500 September $2,500 Note: 2003 assessment appeals may be deducted from 2004 levy payments. 12. Heritage Permit Application (HP2004-001) under Part V of the Ontario

Heritage Act to Permit Alterations to the Designated Property at 23 Melville Street (Cross-Melville Heritage Conservation District), in the City of Hamilton (PD04069) (Ward 13) (Item 6.14)

That Heritage Permit application (HP2004-001) be approved for the construction of an addition to 23 Melville Street (Knox Presbyterian Church), Dundas, Hamilton, in accordance with the specifications and drawings accompanying the permit application.

13. Applications to Amend the City of Hamilton Official Plan and Zoning By-law

for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) (Item 7.1) (a) That approval be given to Official Plan Amendment Application OPA-03-25

Imperial Oil Limited (c/o Don Dussault), owner, for a change in designation on Schedule “A” – Land Use Plan of the City of Hamilton Official Plan, by re-designating the subject land from “Residential” to “Commercial” and to designate the lands as a site-specific “Commercial” designation to restrict the site to limited commercial uses, for lands located at 5 Hunt Street (Hamilton), as shown on Appendix “A” to Report PD04066;

(b) That approval be given to Amended Zoning Application ZAR-03-91, Imperial

Oil Limited (c/o Don Dussault), owner, for changes in zoning from “D” (Urban Protected Residential – One and Two Family Dwellings) District to “H” – ‘H’ (Community Shopping and Commercial, etc - Holding) District, Modified (Block “1”), and from “H” (Community Shopping and Commercial, etc.) District, Modified, to “H” – ‘H’ (Community Shopping and Commercial, etc. – Holding) District, Modified (Block “2”), for lands known municipally as 5 Hunt Street, 17-21 Dundurn



Street North and 648 King Street West, as shown on Appendix “A” to Report PD04066, on the following basis:

(i) That Block “1” be rezoned from “D” (Urban Protected Residential – One

and Two Family Dwellings) District to “H” – ‘H’ (Community Shopping and Commercial, etc. - Holding) District, Modified;

(ii) That the “H” (Community Shopping and Commercial, etc.) District

provisions, as contained in Section 14 of Zoning By-law No. 6593, applicable to Block “1”, be modified to include the following special requirements:

(1) That notwithstanding Subsection 18(3)(ivc)(c) of Zoning By-law No.

6593, a visual barrier of not less than 2.0 metres in height and not greater than 3.0 metres in height shall be erected and maintained within the required planting strip adjacent to the westerly limits of Block “1”, except that the visual barrier shall not be less than 1.2 metres in height and not more than 2.0m in height within a distance of 3.0 metres from the northerly limits of Block “1”;

(2) That notwithstanding Subsection 18(3)(ivc)(c) of Zoning By-law No.

6593, a visual barrier of not less than 1.2 metres in height and not greater than 2.0 metres in height shall be erected and maintained within the required planting strip adjacent to the northerly limits of Block “1”; and,

(3) That no vehicular access to, or egress from, Hunt Street shall be

permitted;

(iii) That Block “2” be rezoned from “H” (Community Shopping and Commercial, etc.) District to “H” – ‘H’ (Community Shopping and Commercial, etc. - Holding) District, Modified;

(iv) That the “H” (Community Shopping and Commercial, etc.) District

provisions, as contained in Section 14 of Zoning By-law No. 6593, applicable to Block “2”, be modified to include the following special requirements:

(1) That notwithstanding Subsection 14(9)(ii) of Zoning By-law No. 6593,

a landscaped area, having a minimum width of 0.8 metres, shall be provided and maintained adjacent to King Street West except for the area used for access driveway;

(2) That notwithstanding Subsection 18.(3)(ivc)(a) of Zoning By-law No.

6593, a minimum building setback of 5.0 metres shall be provided and maintained from the northerly limits of Block “2”; and,



(3) That notwithstanding Subsection 18.(3)ivc)(c) of Zoning By-law No. 6593, a visual barrier of not less than 2.0 metres in height and not greater than 3.0 metres in height shall be erected and maintained along the northerly limits of Block “2” for that portion of the lot line abutting a residential district or use;

(v) That the “H” (Community Shopping and Commercial, etc.) District

provisions, as contained in Section 14 of Zoning By-law No. 6593, applicable to Blocks “1” and “2”, be modified to include the following special requirements:

(1) That notwithstanding Subsection 14(1)(xviia) of Zoning By-law No.

6593, the following uses shall be prohibited:

a) a manual car wash; b) a mechanical car wash; c) a coin operated car wash; and. d) a high-speed car wash;

(2) That notwithstanding Section 18A(1)(d) and Table 4 of Subsection

18A, one loading space of at least 9.0m x 3.5m x 4.3m shall be provided and maintained.

(c) That the amending By-law apply the Holding provisions of Section 36 (1) of the

Planning Act, R.S.O., 1990, to the subject lands by introducing the Holding symbol ‘H’ as a suffix to the proposed Zoning District. The Holding provision will prohibit the development of the subject lands until such time as Site Plan Control Application DA-02-215 has been finally approved, which will be amended to include the proposed redevelopment of 5 Hunt Street, to the satisfaction of the Director of Development and Real Estate, Planning and Development Department. City Council may remove the ‘H’ symbol and, thereby, give effect to the “H” District provisions, by enactment of an amending By-law once the condition is fulfilled;

(d) That Zoning By-law No. 02-201 be repealed in its entirety; (e) That the General Manager, Planning and Development Department, be authorized

and directed to prepare a By-law, in a form satisfactory to Corporate Counsel, to amend Zoning By-law No. 6593 and Zoning District Map W-22, for presentation to City Council;

(f) That the amending By-law be added to Section 19B of Zoning By-law No. 6593 as

Schedule S - , and that the subject lands on Zoning District Map W-22 be notated as S - ;

(g) That the proposed change in zoning will be in conformity with the Official Plan for

the Hamilton Planning Area upon finalization of the proposed Official Plan Amendment No.___;



(h) That upon finalization of the implementing Zoning By-law, that the approved Strathcona Neighbourhood Plan be amended to redesignate the subject lands from “Single and Double” Residential to “Commercial”; and,

(i) That upon satisfying the conditions of the ‘H’ symbol and submitting the required

fee, the Director of Development and Real Estate, Planning and Development Department, be authorized and directed to give the prescribed notice in accordance with the provisions of the Planning Act and to prepare a By-law, in a form satisfactory to Corporate Counsel, to remove the ‘H’ symbol for presentation to City Council.

14. Application for a Modification in Zoning for Lands Located at 47 Caroline

Street North (Hamilton) (PD04062) (Ward 2) (Item 7.2) That approval be given to Zoning Application ZAR-03-99, 456941 Ontario Limited (Silvestri Investments), owner, for a modification to the established “E-3” (High Density Multiple Dwellings) District for lands located at 47 Caroline Street North (Hamilton), as shown on Appendix "A" to Report PD04062, on the following basis: (a) That the “E-3” (High Density Multiple Dwellings) District provisions, as set out

under Section 11C of Zoning By-law 6593, applicable to the subject lands, be modified to include the provisions contained in the Draft By-law, attached as Appendix “B” to Report PD04062;

(b) That the Draft By-law, attached as Appendix “B” to Report PD04062, to modify the

“E-3” (High Density Multiple Dwellings) District, which has been prepared in a form satisfactory to Corporate Counsel, be enacted by City Council;

(c) That the amending By-law be added to Section 19B of Zoning By-law No. 6593

as Schedule S - 1497, and that the subject lands on Zoning District Map W-4 be notated as S - 1497;

(d) That the proposed change in zoning is in conformity with the Official Plan for the

Hamilton Planning Area; 15. Application for a Modification to the Established Zoning for the Lands Known

as 2418 Barton Street East (Hamilton) (PD04065) (Ward 5) (Item 7.3) That approval be given to Amended Zoning Application ZAR-03-103, 1498448 Ontario Inc (c/o Lorrie Gruhl), owner, for a modification to the established “JJ” (Restricted Light Industrial) District to permit the Sale, Service, Storage and Rental of



Industrial and Construction Equipment, for the lands known municipally as 2418 Barton Street East, as shown on Appendix “A” to Report PD04065, on the following basis: (a) That the subject lands be rezoned from “JJ” (Restricted Light Industrial) District to

“JJ”-‘H’ (Restricted Light Industrial - Holding) District, Modified; (b) That the attached Draft By-law, marked as Appendix “B” to Report PD04065,

which has been prepared in a form satisfactory to Corporate Counsel, be enacted by City Council;

(c) That the amending By-law be added to Section 19B of Zoning By-law No. 6593

as Schedule S-1498, and that the subject lands on Zoning District Map E-103 be noted as S-1498;

(d) That upon finalization of the implementing Zoning By-law, the approved Kentley

Neighbourhood Plan be amended to re-designate the subject lands from “Industrial” and “Attached Housing” to “Commercial”;

(e) That the proposed change in zoning is in conformity with the Official Plan for the

Hamilton Planning Area; and, (f) That upon satisfying the condition of the ‘H’ symbol and submitting the required

fee, the Director of Development and Real Estate, Planning and Development Department, be authorized and directed to give the prescribed notice in accordance with the provisions of the Planning Act and to prepare a By-law, in a form satisfactory to Corporate Counsel, to remove the ‘H’ symbol for presentation to City Council.

16. Application for Approval of a Draft Plan of Subdivision, “Eleanor

Meadows”, and Change in Zoning for Lands on the North Side of Bolzano Drive (Known Municipally as 1468 Upper Gage Avenue) (Hamilton) (PD04061) (Ward 7) (Item 7.4)

(a) That approval be given to Subdivision Application 25T200318, Casablanca

Properties Inc., applicant, to establish a draft plan of subdivision, “Eleanor Meadows”, as redline revised, on lands located on the north side of Bolzano Drive (1468 Upper Gage Avenue) in the Eleanor Neighbourhood (Hamilton) for a maximum of 56 lots for single detached dwellings, 1 block for a public walkway, and a new street, as shown on Appendix “A” to Report PD04061, subject to the execution of a City Standard form Subdivision Agreement, including the conditions contained in Appendix “C” to Report PD04061, and the following:

(i) Acknowledgement that there will be no City share for any municipal works

related to this development except for one-half the cost of a 1.5m high



chain link fence along the property line of the lots abutting the City parkland; and,

(ii) That payment of Cash-in-Lieu of parkland will be required pursuant to

Section 42 of the Planning Act, prior to the issuance of the building permit for the lots within the plan. The payment will be based on the value of the lands on the day prior to the day of the issuance of the building permit.

all in accordance with the financial policies for development and the City’s Parkland Dedication By-law, as approved by Council.

(b) That approval be given to Zoning Application ZAC-03-85, Casablanca Properties Inc., applicant, for a change in zoning from “AA” (Agricultural) District, to “C” (Urban Protected Residential, Etc.) District for lands located on the north side of Bolzano Drive (1468 Upper Gage Avenue) in the Eleanor Neighbourhood (Hamilton), as shown on Appendix "A" to Report PD04061, on the following basis:

(i) That the subject lands be rezoned from “AA” (Agricultural) District, to “C”

(Urban Protected Residential, Etc.) District; (ii) That the Draft By-law, attached as Appendix “D” to Report PD04061,

which has been prepared in a form satisfactory to Corporate Counsel, be enacted by City Council; and,

(iii) That the proposed change in zoning is in conformity with the Official Plan

for the Hamilton Planning Area. (c) That upon finalization of the implementing By-law, the Eleanor Neighbourhood

Plan be amended to reflect the change in designation from “Civic and Institutional” to “Single and Double” Residential, and to revise the road network to add a new road shown as Erika Crescent on Appendix “B” to Report PD04061.

17. Application to Expand the Winona Urban Community for a Portion of 10

Lorado Drive (Stoney Creek) (PD04063) (Ward 11) (Item 7.5) (a) That the City of Hamilton inform the Niagara Escarpment Commission (NEC) in

respect of NEPA PW-138-01 (Hamilton General Homes Ltd.) that the subject lands are designated “Urban Area” by the Regional Official Plan, and the development of urban residential uses on such lands are considered appropriate.

(b) That in the event the NEC approves NEPA PW-138-01 (Hamilton General Homes Ltd.) to extend the Minor Urban Centre Designation in the NEP, staff be directed to report on modifications to Official Plan Amendment (OPA) OP-03-12, to redesignate the subject lands from “Agricultural” to “Winona Urban



Community” in the Official Plan (OP) of the former City of Stoney Creek to increase the proposed residential density to achieve a more efficient and sustainable use of serviceable urban land resources in the context of appropriate site design issues.

18. Enterprise Zone Municipal Realty Tax Incentive Grant Program – Downtown

Hamilton Community Improvement Plan Amendment PD00139(l)/FCS01055(g)) (Ward 2) (Item 7.6)

(a) That the terms of the “Enterprise Zone – Municipal Realty Tax Incentive Grant

Program” be amended to allow the limited assignment of the grant from the developer to the first-time purchasers of new condominium units without requiring concurrent participation in the “Hamilton Downtown Residential Loan Program”.

(b) That the Downtown Hamilton Community Improvement Plan (adopted by By-law

No. 97-140, as amended) be amended by the addition of the revised terms of the Enterprise Zone – Municipal Realty Tax Incentive Grant Program (Appendix “A” to Report PD00139(l)/FCS01055(g)) as described in sub-section (a) above.

(c) That a by-law to adopt the amendment to the Downtown Hamilton Community

Improvement Plan be prepared to the satisfaction of the Director of Downtown Renewal, in a form satisfactory to Corporate Counsel and presented to Council for enactment and, following enactment, be submitted by the City Clerk to the Minister of Municipal Affairs for approval.

19. Mr. Ron Williams respecting his request for a building permit at 8 Lakeside

Drive, Stoney Creek. (Matter referred from Planning and Economic Development Committee on February 17, 04) (Item 9.1)

That no action be taken with respect to the request by Mr. Ron Williams to install a holding tank at 8 Lakeside Drive and allow Mr. Williams and the owners of 4 and 6 Lakeside Drive to approach the owners of the private road, Marz Homes and Losani Developments, and work out an agreement that will allow the private sewers to be connected to the municipal sewers on Jones Road. A permit to install a holding tank will be issued to Mr. Williams by the Chief Building Official when Mr. Williams has signed a formal agreement with the City to pursue the connection of his sewer services to municipal sewers.

20. City Initiative for the Extension of an Interim Control By-law on Lands

Located in the Area of Barton Street and Tiffany Street of the West Harbour Planning Study Area (PD04064)(Wards 1 and 2) (Item 9.2)

(a) That Report PD04064 respecting a City Initiative for the Extension of an Interim



Control By-law on lands located in the area of Barton Street and Tiffany Street of the West Harbour Planning Study Area be received for information.

(b) That an Interim Control By-law be extended, pursuant to the provisions of

Section 38(2) of The Planning Act, R.S.O., 1990, for the lands zoned “K” District and shown on Schedule A of Appendix B to Report PD04064, to prohibit, save and except for such lawful uses carried on immediately, prior to the passage of the Interim Control By-law, the use of land, buildings or structures for any uses permitted in the “K” District, for a period of one (1) year from the date of the passage of the by-law by Council.

(c) That the Interim Control By-law (attached as Appendix B to Report PD04064),

which has been prepared in a form satisfactory to Corporate Counsel, be presented to Council for passage.

21. Capital Budget Pre Approval (ECO04002) - (Ward 12 & City Wide) (Item 9.3)

That the following three capital projects: i) Extension of Cormorant Road, Ancaster Business Park, $651,000 ii) Storm Water Pond #2 Enhancements, Ancaster B.P., $921,000 iii) Hydro – Tradewind Dr. / Cormorant Road, A.B.P., $300,000

be pre-approved from the 2004 Capital Budget and funded as per the 2004 Capital Budget submissions (refer Table 1 contained in report))

FOR THE INFORMATION OF COUNCIL: (a) Declarations of Interest (Item 3)

None

(b) Approval of Minutes (Item 4)

The Minutes of February 17, 2004 were approved.



(c) Demolition Permit – 119 Young Street (PD04059) (Ward 2) (Item 6.9) Committee tabled the subject application to permit additional discussions with the

applicant. (d) Demolition Permit – 121 Young Street (PD04000) (Ward 2) (Item 6.10) Committee tabled the subject application to permit additional discussions with the

applicant. (e) Representatives from Tradeport International respecting an up-date on

operations at John C. Munro International Airport (No copy) (Item 4.1)

Mr. Ken Mitchell, Director, Public & Government Relations, introduced Richard Koroscil, President and CEO, Operations, and John Gibson, Vice-President of Marketing.

Mr. Koroscil provided an update on the activity operations and future plans at the airport with the aid of a powerpoint presentation. Copies of an information package, including the Hamilton International Airport 2003 Annual Report, the Economic Impact of Hamilton International Airport and Noise Information, were provided to Committee, and to the Clerk, for the public record.

In response to a number of questions, from Committee the delegation provided additional information.

Committee requested that updates on airport activity be provided more frequently.

Committee received the presentation and Chair Kelly thanked the delegation.

(f) Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) (Item 7.1)

A Public Meeting was held.

Chairman Kelly advised the meeting that as per the Planning Act, the Ontario Municipal Board has the authority to dismiss any appeal of a person not presenting an oral statement or written statement at the Public Meeting.



Ms. Anita Fabac outlined the report to Committee.

Mr. Tae Ryuk, addressed Committee on behalf of the applicant, in support of the proposal.

Mr. Michel Marion, 7 Hunt Street, addressed Committee on his own behalf and on behalf of a group of Hunt Street neighbours. He noted support for the proposal, and welcomed the demolition of the house at 5 Hunt Street. Mr. Marion noted a number of issues about the fencing, and Ms. Fabac responded that these could be addressed at the Site Plan stage.

No other members of the public came forward to address Committee.

Committee discussed the application and had additional information supplied by staff.

Committee approved the application. (g) Application for a Modification in Zoning for Lands Located at 47 Caroline

Street North (Hamilton) (PD04062) (Ward 2) (Item 7.2)



Mr. Heather Boles outlined the report to Committee. Mr. Mario Bartolomeo, addressed Committee on behalf of the applicant, in

support of the proposal. Mr. Donald Kirby, 61 Napier Street, addressed Committee and spoke in support

of the application. Mr. Kirby expressed his thanks to the applicant and to staff for their assistance and co-operation in addressing and satisfying his concerns.

No other members of the public came forward to address Committee. Councillor Horwath expressed her support for the subject development and noted

the positive work of the developer, after the submission of his original application. Committee approved the application.



(h) Application for a Modification to the Established Zoning for the Lands Known as 2418 Barton Street East (Hamilton) (PD04065) (Ward 5) (Item 7.3)



Ms. Anita Fabac outlined the report to Committee. Mr. John Ariens, PEIL, addressed Committee on behalf of the applicant, in

support of the proposal. He thanked staff for their assistance with the application and advised that a representative of the new tenant, Hertz, was present.

No members of the public came forward to address Committee. Committee approved the staff recommendation. (i) Application for Approval of a Draft Plan of Subdivision, “Eleanor

Meadows”, and Change in Zoning for Lands on the North Side of Bolzano Drive (Known Municipally as 1468 Upper Gage Avenue) (Hamilton) (PD04061) (Ward 7) (Item 7.4)



Ms. Heather Boles outlined the report to Committee and noted that a meeting in

the neighbourhood had been held to discuss the issue. Mr. Angelo Cameracci, Urbex Engineering, addressed Committee on behalf of

the applicant, in support of the proposal. Committee discussed the matter and staff responded to questions about why a

walkway had not been included, traffic impacts, density and fencing policy. Mr. Manfred Rudolph addressed Committee on behalf of a homeowner at 1 Reta

Place. He expressed concerns about Mr. Rosencrantz’ access to the park. Ms. Boles confirmed that the lotting pattern had not yet been finalized.

A speaker from the audience asked why there would be no school on the

property and Chair Kelly explained the Provincial policies on school funding and the need for School Boards to sell their unused or underused properties in order to attract funding for new schools.



No other members of the public came forward to address Committee on this

application. Committee approved the staff recommendation. (j) Application to Expand the Winona Urban Community for a Portion of 10

Lorado Drive (Stoney Creek) (PD04063) (Ward 11) (Item 7.5)


Chairman Kelly advised the meeting that as per the Planning Act, the Ontario Municipal Board has the authority to dismiss any appeal of a person not presenting an oral statement or written statement at the Public Meeting. He noted that additional submissions from Hamilton Conservation and Mr. A. Lutyk had been distributed this morning.

Ms Joanne Hickey-Evans outlined the report to Committee and provided an

overview of the Planning history of the site. She noted that the site is currently designated as Urban in the Regional Official Plan. Ms. Hickey-Evans also gave an overview of the letter of objection from Hamilton Conservation Authority.

Mr. John Ariens, PEIL, addressed Committee on behalf of the applicant, in

support of the proposal. He provided Committee with a handout from Lamarre Consulting Group responding to the HCA concerns. Mr. Ariens explained his client’s application for a Niagara Escarpment Plan Amendment and application for amendment to the Stoney Creek Official Plan. He requested that the City take a position on the applications.

Committee discussed the matter in detail and had additional information supplied

by staff.

Ms. Hickey-Evans explained that the staff report had been brought forward at this time due to timing requirements in the Planning Act and the City’s practice of providing written responses to the NEC on their applications. She confirmed that if the NEC approved the applicant’s Niagara Escarpment Plan Amendment, an application to amend the Regional Official Plan will be needed to establish density.

Committee then heard from members of the public. Mr. George Lambers, representing the owners at 1308 Highway No. 8, addressed Committee and outlined their concerns that the amendment did not cover a large enough area, and should be extended. Mr. Labreche, Winona Road, addressed Committee and expressed his concerns about the proposal, including services, his view that the Regional Urban



Boundary and Stoney Creek Urban Boundary are contradictory and that the City of Stoney Creek Land Budget Analysis Report had not been considered here. Staff responded that the Stoney Creek Land Budget Analysis had been used in the preparation of their report and that the Regional Official Plan included policies to be used in the interpretation of boundaries. Ms. Brenda Johnson, Winona Road, addressed Committee on behalf of herself and a large group of area residents. She provided further details about the history of the site, including the 1994 OMB decision, pointing out that the Winona Urban Boundary is consistent in the Niagara Escarpment Plan and Stoney Creek Official Plan, but is shown as a “blob” in the Regional Official Plan. She suggested that the subject lands were not within the Urban Boundary and that the Regional Official Plan should be changed to reflect this. Ms. Johnson provided a copy of her presentation, together with a number of letters of objection from area residents, to the Clerk for the public record. The Clerk was requested to forward Ms. Johnson’s presentation to Committee members and staff. Mr. Alan Lutyk, 1308 Highway No. 8, addressed Committee and requested that any application for the area be enlarged, to take in a wider land base including his land.

Mr. Roy Shuker, Chair of the City’s Agricultural Advisory Committee, addressed Committee and noted that Ms. Johnson had spoken to his Committee on this item. The Committee had written to the NEC, supporting the preservation of land in agricultural use, and that remains their view.

Mr. Ian Thomas, 50 Road, Winona, addressed Committee. He expressed concern with the statement that the subject land is designated Urban, and considered that this was still under dispute. He noted the strong argument against the land being considered as within the Urban Area.

Ms. Lynda Lukasik, Director, Environment Hamilton, also expressed her concerns about the area being considered as part of the Urban Area. She noted that she had previously been advised by planners at the Region that this area would require a Regional Official Plan Amendment to permit an expansion to Winona. She considered that the clearly defined NEP Boundary, which coincided with the Stoney Creek Official Plan Winona Urban Boundary, should prevail. Ms. Lukasik submitted a letter of objection to the application from J&M Lukasik, the owners of 206 Winona Road South. Mr. Frank Martin, a resident in the area since the 1950’s, addressed Committee and gave an overview of the history of the area, the land use designations and the previous appeal.



Ms. Nancy Smith, Acting City Solicitor, provided an overview of the hierarchy of planning documents which governed the land use in the area. She confirmed that Ministerial approval for the Regional Official Plan Urban Boundary is in place and explained that the application for a Niagara Escarpment Plan Amendment is required, whether or not the land is designated Urban. Ms. Smith added that Council has the power to amend the Regional Official Plan. Committee discussed the matter further. On a Motion by Councillor Pearson, seconded by Councillor Merulla, Committee approved an amendment to clause (a) to remove the word “now”. On a Motion by Councillor Pearson, seconded by Councillor Merulla, Committee approved an amendment to remove clause (b) in its entirety. Committee approved the Motion as amended. Councillors Horwath and McHattie requested that their opposition be noted. Councillor Mitchell advised Committee that the whole issue still represented a concern for many of the local residents and suggested that this message that the community did not want more development should be acknowledged by Council, and that a line in the sand should be drawn now.

(k) Enterprise Zone Municipal Realty Tax Incentive Grant Program – Downtown

Hamilton Community Improvement Plan Amendment (PD00139(l)/FCS01055(g)) (Ward 2) (Item 7.6)



Mr. James Goodram outlined the report to Committee. No members of the public came forward to address the Committee. Councillor Horwath advised Committee that this proposal represented another

positive step in getting the Downtown moving forward, and increasing residential development. She praised Downtown Renewal staff for their ongoing work and their continued successes.

Committee approved the staff recommendation.



(l) Mr. Scott Snider respecting the West End Restaurant, 151 Emerson Street

(Item 7.7) Chair Kelly advised that copies of the January staff report, recommending the

appeal of the Committee of Adjustment decision had been distributed. Mr. Scott Snider addressed Committee on behalf of the owner of the West End

Restaurant, in support of the proposed patio. He provided an overview of the application, its approval by the Committee of Adjustment, and subsequent appeal by City Council. He noted that the application did not represent a new use for the site. Mr. Snider distributed copies of information regarding his presentation.

Mr. Snider requested that Committee rethink the appeal. Committee discussed the matter in detail and had further information supplied by

the applicant and by staff. Councillor Horwath noted that there was a Council policy in place for the

consideration of patios and that it had not been followed here. Staff outlined the process used for screening variance applications for a variance

versus a rezoning. Councillor McHattie noted that the applicant had provided a Noise study and had

addressed all the neighbourhood issues and that he supported the patio. Staff advised that an OMB Hearing for the matter has been set for March 24,

2004. Committee received the presentation and Chair Kelly thanked the presenter. (m) Mr. Dale Wilson respecting Hover Transit Services (Item 7.8) Mr. Wilson addressed Committee and outlined his proposal with the aid of a

powerpoint presentation. Mr. Wilson requested that Council provide $15,000.00 to assist in the preparation

of a feasibility study for the proposal. Committee received the presentation. Chair Kelly thanked Mr. Wilson.



(n) GIS Updates (Item 8.1) Committee tabled this presentation to the meeting of March 16, 2004. (o) Hamilton’s Sustainability Indicator Report (PD04044) (City Wide) (Item 8.2) Committee tabled the item to the meting of March 16, 2004. Committee confirmed that the subject report and associated handouts were now

public information. (p) Economic Development Implications – Red Hill Creek Expressway

(ECO03020) (City Wide) (Item 8.3) Committee discussed a request to be heard on this item from Mr. David Cohen.

Councillor Kelly advised that while Committee welcomes public input, this item had not been advertised as one where public delegations would be heard. In this situation, hearing from one member of the public, when many of the public would wish to speak, could be viewed as giving an unfair advantage.

Councillor McHattie, seconded by Councillor Horwath, moved a Motion to

entertain public delegations after the presentation. The Motion lost. Chair Kelly noted that copies of the document had been distributed to all

Councillors before the meeting. Mr. Neil Everson introduced Mr. Ray Simpson, Hemson Consulting. With the aid

of a powerpoint presentation, Mr. Simpson gave an overview of the Hemson Report which had been prepared in Summer 2003.

Mr. Simpson explained that Central Ontario needed more roads and that an efficient transportation system is critical to the success of the continued economic health of Ontario and Hamilton. He said that the Red Hill Creek Expressway was an important link in the road network, with one of the main benefits being avoidance of congestion.

Mr. Simpson provided copies of his presentation to the Committee. Committee asked the delegate questions on a number of matters relating to the

road.

Mr. Simpson explained that there was a need for transit and for roads and that this new road would have significant benefit to Hamilton and would assist the airport.



On a Motion by Councillor Pearson, seconded by Councillor Mitchell, Committee received the report.

Chair Kelly thanked the delegation. (q) Mr. Ron Williams respecting his request for a building permit at 8 Lakeside

Drive, Stoney Creek. (Matter referred from Planning and Economic Development Committee on February 17, 04) (Item 9.1)

Mr. Tom Redmond spoke to the staff report which had been distributed to members of Committee on March 1, 2004. He noted that further discussions had been held with the applicant before this meeting and that a compromise had been reached.

Committee discussed the matter and approved the staff recommendation, as

revised. (r) City Initiative for the Extension of an Interim Control By-law on Lands

Located in the Area of Barton Street and Tiffany Street of the West Harbour Planning Study Area (PD04064)(Wards 1 and 2) (Item 9.2)

Mr. Paul Moore provided an overview of the item and gave the background to the

Interim Control By-law process. He noted that the Planning Act did not require a Public Hearing prior to the adoption of the By-law but Notice of Passage of the By-law is required.

Mr. Art Zuidema explained that the Interior Control By-law had been appealed by

B and M Recycling, and that discussions between the City and B&M were ongoing.

Committee agreed to hear from Mr. Russ Cheeseman, the solicitor for B&M

Recycling. Mr. Cheeseman addressed Committee and confirmed that his client was working

with the City. He expressed support for the staff recommendation. On a Motion by Councillor Ferguson, seconded by Councillor Horwath,

Committee moved In-Camera to consider a matter before a Board or Tribunal and to receive advice from legal counsel, at 9:45 am.

On a Motion by Councillor Ferguson, seconded by Councillor McHattie,

Committee resumed in Open Session at 9:50 am.



Councillor Horwath reported that Committee had met In-Camera and had received legal advice and had given direction to staff.

Committee then approved the staff recommendation. (s) Capital Budget Pre Approval (ECO04002) - (Ward 12 & City Wide) (Item 9.3) Mr. Neil Everson outlined the report to Committee. Committee approved the staff recommendation. (t) Industrial District Energy and Co-Generation – Councillor Powers (Item

10.1) Committee tabled this item to the meeting of March 16, 2004. (u) Notices of Motion (Item 11) None (v) General Information (Item 12)

Councillor Braden advised Committee of the upcoming Bay Area Restoration Committee Workshop from Watershed to Waterfront, on Saturday, March 6 at the Royal Botanical Gardens.

Councillor McHattie requested an update on an item on the Outstanding Business List, the Canadian Pacific Railway Community Advisory Panel.

Ms. Coveyduck explained that the matter would be back to Committee within approximately two months.

Councillors Horwath and Merulla requested an update on another outstanding item, the illegal duplexing of buildings.

Councillor Horwath suggested that staff should contact the Ministry of the Attorney General to discuss with them the concern that local by-laws are not being upheld by Justices of the Peace. She noted this was an issue of regulatory evidence.



Ms. Coveyduck advised that this item would come back after the budget process was complete.

(w) Adjournment (Item 14) The Planning & Economic Development Committee adjourned at 4:50 p.m. Chair Kelly thanked everyone for their participation and patience during this long

meeting.

Bill Kelly Chair

Planning & Economic Development Committee

Alexandra Rawlings Co-ordinator, Planning & Economic Development Committee March 2, 2004

Planning and Economic Development Committee REPORT … · Planning and Economic Development...

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Transcript of Planning and Economic Development Committee REPORT … · Planning and Economic Development...