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Economic Development and Planning CommitteeMINUTES 07-005March 20, 20079:30 a.m.Council ChambersHamilton City HallPresent:Chair D. Mitchell1st Vice-Chair T. Whitehead2nd Vice-Chair M. PearsonMayor F. EisenbergerCouncillors: B. Bratina, S. Duvall, L. Ferguson, B. McHattie,R. PasutaAlso Present:Councillors T. Jackson, S. Merulla and M. McCarthyAbsent:Councillor B. Clark – personal businessStaff Present:L. Coveyduck, General Manager - Planning andDevelopmentT. McCabe, P. Mallard, E. John, T. Sergi, D. Fama,B. Farkas, S. Murray, P. Mason, B. Montgomery,T. Horzelenberg, S. Murray, B. Khes,D. Cuming – Planning and DevelopmentR. Marini, H. Milsome, A. Waterfield – Downtown RenewalL. Pasternak, Legal ServicesG. Davis, J. Stephen, Public WorksA. Rawlings, I. Bedioui – City Clerk's OfficeTHE FOLLOWING ITEMS WERE REPORTED TO COUNCIL:1.Volunteer/Sub- Committee Minutes – For Information (Item 5.1)(a)Hamilton LACAC (Municipal Heritage Committee) Minutes of January25, 2007(Pearson/Pasuta)That the Minutes of the Hamilton LACAC (Municipal Heritage Committee)Meeting of January 25, 2007 be received for information.CARRIEDCouncil – March 28, 2007

(2)Economic Development & PlanningCommittee(b)2.Minutes 07-005Hamilton LACAC (Municipal Heritage Committee) Meeting Notes ofFebruary 13, 2007(Pearson/Pasuta)That the Meeting Notes of the Hamilton LACAC (Municipal HeritageCommittee) Meeting of February 13, 2007 be received for information.CARRIEDConcession Street Business Improvement Area’s (B.I.A.) Proposed Budgetand Schedule of Payment for 2007 (PED07091) (Wards 6 & 7) (Item 4.2)(Pearson/Pasuta)(a)That the 2007 Operating Budget for the Concession Street B.I.A.(attached as Appendix ‘A’ to Report PED07091) be approved in theamount of 64,950.(b)That the General Manager of Finance and Corporate Services be herebyauthorized and directed to prepare the requisite by-law pursuant toSection 208, The Municipal Act, 2001, to levy the 2007 Budget asreferenced in sub-section (a) above.(c)That the following schedule of payments for 2007 be approved:JanuaryAprilJulyOctober 16,237.50 16,237.50 16,237.50 16,237.50CARRIED3.Concession Street Business Improvement Area (B.I.A.) Appointment of the2007-2010 Board of Management (PED07104) (Wards 6 & 7) (Item 5.3)(Pearson/Pasuta)That the following individuals be appointed to the Concession Street B.I.A.’sBoard of Management for a four (4) year r S. Duvall, Ward 7Councillor T. Jackson, Ward 6Paul Wharton, Wharton’s Copy Print, 576A Concession StreetJohn Woolcott, Mario’s Hair Salon, 530 Concession StreetErnesto Viquiera, Concession Tax Service, 540 Concession StreetBetty Toplack, Mountain Bookstore, 560 Concession StreetRoger Burrough, Camtech Photographic Services, 588 Concession StreetDanny McLardy, Opie’s Quality Meats, 612 Concession StreetDebbie Johnson, Why Pay More, 576B Concession StreetLynn Page, Lou’s Music Store, 544 Concession StreetCynthia Pitts, Select Consignments, 618 Concession StreetSusan Stuart, Tiger Eye Studio, 584 Concession StreetCARRIEDCouncil – March 28, 2007

(3)Economic Development & PlanningCommittee4.Minutes 07-005Stoney Creek Business Improvement Area’s (B.I.A.) Proposed Budget andSchedule of Payment for 2007 (PED07090) (Ward 9) (Item 5.4)(Pearson/Pasuta)(a)That the 2007 Operating Budget for the Stoney Creek B.I.A. (attached asAppendix ‘A’ to Report PED07090) be approved in the amount of 29,000.(b)That the levy portion of the Operating Budget for the Stoney Creek B.I.A.in the amount of 15,616.63 be approved.(c)That the General Manager of Finance and Corporate Services be herebyauthorized and directed to prepare the requisite by-law pursuant toSection 208, The Municipal Act, 2001, to levy the 2007 Budget asreferenced in sub-section (a) above.(d)That the following schedule of payments for 2007 be approved:JanuaryAprilJulyOctober 3,904.16 3,904.16 3,904.16 3,904.15CARRIED5.Stoney Creek Business Improvement Area (B.I.A.) Appointment of the 20072010 Board of Management (PED07089) (Ward 9) (Item 5.5)(Pearson/Pasuta)That the following individuals be appointed to the Stoney Creek B.I.A.’s Board ofManagement for a four (4) year term:(a)(b)(c)(d)(e)(f)(g)(h)(i)Councillor B. Clark, Ward 9Ed Strecker, Britannia Cleaners, 17 King Street EastBob Naylor, Garment Detailers, 53 King Street EastMike McGlashon, McGlashon Martial Arts, 15 King Street EastNadia Gigliotti, 885 Highway #8Richard Clough, Clough Energy, 11 Mountain AvenueMary Terziev-Clifford, Village Restaurant, 35 King Street EastPaul Whatmore, Mortgage Concepts, 80 King Street EastGeorge Campanaro, The Old Powerhouse Restaurant, 21 Jones StreetCARRIEDCouncil – March 28, 2007

(4)Economic Development & PlanningCommitteeMinutes 07-0056.Parking for Services in Kind (PED07098) (City Wide) (Item 5.6)(Pearson/Pasuta)That Report PED07098 respecting Parking for Services in Kind be received forInformation.CARRIED7.Update on the Action Taken to Date on the 2005 Internal Audit on FinancialAssistance Programs Administered by the Downtown Renewal Division –Hamilton Downtown Residential Loan Program (HDRLP) (PED07105) (Ward2) (Item 5.7)(Pearson/Pasuta)That Report PED07105 respecting Update on Action Taken to Date on 2005Internal audit on Hamilton Downtown Residential Loan Program be received forInformation.CARRIED8.Hamilton Downtown Residential Loan Program (HDRLP) - 80 King WilliamStreet Loan Repayment – RL03/05 (PED07108) (Ward 2) (Item 5.8)(Pearson/Pasuta)That Report PED07108 respecting Hamilton Downtown Residential LoanProgram – 80 King William Street Loan Repayment be received for Information.CARRIED9.Commercial Property Improvement Grant Program (C.P.I.G.) Applications(PED07103) (Wards 1, 2, 3, 4, 9,15) (Item 5.9)(Pearson/Pasuta)(a)That the applications recommended for approval and identified withinAppendix ‘A’ to Report PED07103 be approved for funding according tothe terms and conditions of the Commercial Property Improvement GrantProgram (C.P.I.G.).(b)That the application submitted for 324 Dundas Street East in Waterdownbe denied as the property is historically designated therefore not eligibleunder the terms of the program.(c)That applicants of properties with outstanding taxes be notified that acondition of the grant is that their property taxes must be paid in full priorto any grant monies being advanced for completed work, and that no grantfunds will be paid out until the condition is met and, if the property taxesare not paid in full within one (1) year of the date of the Letter ofUnderstanding entered into between the City of Hamilton and theapplicant, that the grant will be considered void.Council – March 28, 2007

(5)Economic Development & PlanningCommitteeMinutes 07-005(d)That unallocated grant monies resulting from taxes not being paid orapplicants not proceeding with renovation of their properties, be utilized forfuture loan and grant programs administered by the Downtown RenewalDivision for Hamilton’s Business Improvement Areas.(e)That the grant portion in the total amount of 163,690 be funded byCapital Project 8200603610.(f)That the Director of Downtown Renewal, Planning and EconomicDevelopment Department, be authorized and directed to approveincreases/decreases to the individual grant amounts approved as long asthe overall grant portion referenced in sub-section (e) above is notexceeded and said grant is in accordance with the program rules.(g)That the Director of Downtown Renewal, Planning and EconomicDevelopment Department, be authorized to approve a maximumextension period of one (1) year to applicants for the completion of works,over and above the one (1) year period applicants are given thatcommences the date Council approves their grant.(h)That staff be authorized and directed to prepare and execute Letters ofUnderstanding with Council-approved applicants, with such Letter ofUnderstanding being in a form satisfactory to the City Solicitor.CARRIED10.Update on the Hamilton Realty Capital Corporation (PED07109) (Ward 2)(Item 5.10)(Pearson/Pasuta)That Report PED07109 respecting Update on the Hamilton Realty CapitalCorporation be received for Information.CARRIED11.Sale of City Lands Known as “00” Stone Church Road East, Hamilton PartLot 7, Concession 8 in the Former Township of Barton, now in the City ofHamilton and Designated as Part 2 on Plan 62R-12308 to 1125920 OntarioLtd. (Paul Silvestri) (PED07087) (Ward 7) (Item 5.11)(Pearson/Pasuta)(a)That an Offer to Purchase, executed by Paul Silvestri on February 1,2007, and scheduled to close on or before May 10, 2007 for the purchaseof the vacant, City owned lands known as “00” Stone Church Road East,Hamilton, (as shown on Appendix “A” to Report PED07087), Part Lot 7,Concession 8, in the former Township of Barton, now in the City ofHamilton and Designated as Part 2 on Plan 62R-12308 (as shown onAppendix “B” to Report PED07087) comprising an area of .730 hectaresCouncil – March 28, 2007

(6)Economic Development & PlanningCommitteeMinutes 07-005(1.80 acres), for a sale price 620,000.00, plus applicable GST, beapproved and completed;(b)That the sale price of 620,000 does not include the Goods and ServiceTax (GST); should the GST be applicable and collected by the City, theGST amount is to be credited to Account Number 22835-009000 (GSTPayable);(c)That the sum of 32,000 be funded from the sale amount and credited toAccount No. HAMTN 47702-3560150200 (Capital - Property Purchasesand Sales), being the cost to prepare the property for sale;(d)That the sidewalk local improvement charge of 7,216.90 as of May 10,2007 be paid from the proceeds of the sale;(e)That the sum of 580,780.10 be deposited to Account No. 47702-104090(Parkland Dedication Reserve), as per Council approved Report PD 04014;(f)That the required deposit cheque, in the amount of 62,500.00, be held bythe General Manager of Finance and Corporate Services pendingapproval of this transaction.(g)That as a condition of the Offer, the Purchaser is permitted access to thesubject property and the Purchaser is allowed 15 days following theacceptance of this Offer to undertake an environmental audit and otherreviews of the suitability of the subject property. Should the environmentalcondition or other results of the investigations not be satisfactory to thePurchaser, the Offer shall become null and void.(h)That the Offer to Purchase agreement contains the following keyprovisions:(i)That the Purchaser shall submit an application for draft plan ofsubdivision approval for residential purposes over the subject landswithin three months of the closing of this transaction;(ii)That the Purchaser shall, at the Purchaser’s sole cost and expense,register a plan of subdivision for residential purposes for the subjectlands within one (1) year of obtaining draft plan approval;Council – March 28, 2007

(7)Economic Development & PlanningCommittee(iii)(i)12.Minutes 07-005That it is understood and agreed by the Purchaser that the lifting ofthe 0.30 metre (0.984 feet) reserve, shown as Block 85 on Plan62M-603 attached hereto as Schedule “B”, shall be incorporated intothe road allowance as part of the subdivision approval process.That the Mayor and Municipal Clerk be authorized and directed to executeand issue a Certificate of Compliance in the form prescribed pursuant toSection 268 of the Municipal Act, incorporating the following, if required:(i)That on November 24, 2004, City Council approved Item 2.0Planning and Economic Development Committee Report 04-021declaring the subject lands surplus to the requirements of the Cityof Hamilton.(ii)That in accordance with the approved method of providing notice inthe City of Hamilton By-law No. 04-299 “Procedural By-Law for theSale of Land”, notice has been given to the Public with a City ofHamilton “For Sale” sign on the subject lands for at least theminimum seven-day period with two such signs being on theproperty from December 1, 2006 to February 1, 2007 and by theposting of a sale notice of the subject lands on the City of HamiltonReal Estate website for the same period.(iii)That a Real Estate Appraisal was completed on the subject landson August 9, 2005, and an update on November 17, 2006,complying with the requirement for an Appraisal under Section 3 (b)of the City of Hamilton By-law No. 04-299 “Procedural By-law forthe Sale of Land”.CARRIEDCommittee of Adjustment (Urban) Consent/Land Severance ApplicationSC/B-06:181 and Minor Variance Application SC/A-06:320, for PropertyLocated at 17 Leckie Avenue, Stoney Creek - Supported by the Planningand Economic Development Department (PED07084) (Ward 9) (Item 5.12)(Pearson/Pasuta)That Report PED07084, respecting Committee of Adjustment (Urban)Consent/Land Severance Application SC/B-06:181 and Minor VarianceApplication SC/A-06:320, 17 Leckie Avenue, Stoney Creek, as shown onAppendix “A” to Report PED07084, denied by the Committee but supported bythe Planning and Economic Development Department, be received forinformation.CARRIEDCouncil – March 28, 2007

(8)Economic Development & PlanningCommittee13.2007 Green Venture Base Funding & Authority to Enter into Agreements(PED07081) (City Wide) (Item 5.13)(Pearson/Pasuta)(a)That the City renew its agreement to provide base funding for HamiltonWentworth Green Venture Incorporated (Green Venture) in the amount of 40,000 per year, for the 2007 Budget year, as per the letter of requestattached as Appendix A to Report PED07081.(b)14.Minutes 07-005That Planning and Economic Development Department staff be authorizedand directed to enter into agreements with Hamilton-Wentworth GreenVenture Incorporated (Green Venture), to deliver projects as outlined inindividual project agreements, with each project agreement not to exceed 15,000, and with the total value of the agreements not to exceed thefunding approved in the annual budget process.CARRIEDAppointment of Weed Inspectors for the City of Hamilton (PED07097) (CityWide) (Item 5.14)(Pearson/Pasuta)That the by-law attached as Appendix “A” to Report PED07097, being a by-law toappoint Weed Inspectors, be enacted.CARRIED15.Demolition Permit – 60 Cannon Street West (PED07082) (Ward 2) (Item 5.15)(Pearson/Pasuta)That the Director of Building and Licensing be authorized and directed to issue ademolition permit for 60 Cannon Street West in accordance with By-Law 74-290pursuant to Section 33 of The Planning Act as amended.CARRIED16.Demolition Permit – 290 Houghton Avenue South (PED07083) (Ward 4)(Item 5.16)(Pearson/Pasuta)That the Director of Building and Licensing be authorized and directed to issue ademolition permit for 290 Houghton Avenue South in accordance with By-Law74-290 pursuant to Section 33 of The Planning Act as amended.CARRIEDCouncil – March 28, 2007

(9)Economic Development & PlanningCommitteeMinutes 07-00517.Demolition Permit – 5 Colquhoun Crescent (PED07102) (Ward 8) (Item 5.17)(Pearson/Pasuta)That the Director of Building and Licensing be authorized and directed to issue ademolition permit for 5 Colquhoun Crescent in accordance with By-Law 74-290pursuant to Section 33 of The Planning Act as amended.CARRIED18.Application for a Further Modification to the City of Hamilton Zoning By-lawNo. 6593 for Lands Located at 1394 Upper Gage Avenue (PED07100) (Ward7) (Item 6.2)(Duvall/Whitehead)That approval be given to Amended Zoning Application ZAR-06-100, 1215477Ontario Inc. c/o, Hussein Ghaddar, owner, for a further modification to the“H/S-751c” (Community Shopping and Commercial, etc.) District, Modified, topermit restaurants, including take-out and delivery food service with a maximumcapacity of 30 seats per restaurant, as an additional permitted use, for theproperty located at 1394 Upper Gage Avenue (Hamilton), as shown on Appendix“A” to Report PED07100, on the following basis:19.(a)That the draft By-law, attached as Appendix “B” to Report PED07100,which has been prepared in a form satisfactory to the City Solicitor, beenacted by Council.(b)That the proposed change in zoning conforms to the Hamilton-WentworthOfficial Plan and the City of Hamilton Official Plan.CARRIEDApplication for a Modification in Zoning for the Lands Located at 125Lancing Drive, (Hamilton) (PED07095) (Ward 6) (Item 6.3)(Pearson/Duvall)That approval be given to Zoning Application ZAR-06-93, By TheAmalgamated Transit Union Local 107, owner, for a modification to thePrestige Industrial “M-14” District in order to permit a Place of Assembly (LabourOrganization), for lands located at 125 Lancing Drive, as shown on Appendix “A”to Report PED07095, on the following basis:(a)That the draft By-law, attached as Appendix “B” to Report PED07095,which has been prepared in a form satisfactory to the City Solicitor, beenacted by City Council.(b)That the proposed change in zoning is in conformity with the HamiltonWentworth Official Plan and the Hamilton Official Plan.CARRIEDCouncil – March 28, 2007

(10)Economic Development & PlanningCommittee20.21.22.Minutes 07-005Application for a Change in Zoning for Lands Located at 828 FennellAvenue East (Hamilton) (PED07096) (Ward 6) (Item 6.4)(Duvall/Pasuta)That approval be given to Zoning Application ZAC-06-88, 813752 Ontario Inc.,c/o Charles Shabsove, owner, for changes in zoning from the “H” (CommunityShopping and Commercial, etc.) District to the “H/S-1576” (Community Shoppingand Commercial, etc.) District, Modified, (Block 2), and from the “C” (UrbanProtected Residential, etc.) District to the “H/S-1576” (Community Shopping andCommercial, etc.) District, Modified (Block 1) to provide uniform Commercialzoning on the entire property located at 828 Fennell Avenue East (Hamilton), asshown on Appendix “A” to Report PED07096, on the following basis:(a)That the draft By-law, attached as Appendix “B” to Report PED07096 ,which has been prepared in a form satisfactory to the City Solicitor, beenacted by City Council.(b)That the proposed changes in zoning are in conformity with the HamiltonWentworth Official Plan and the City of Hamilton Official Plan.CARRIEDApplication for a Further Modification in Zoning for Lands Located at 3079Highway No. 56 (Glanbrook) (PED07094) (Ward 11) (Item 6.5)(Pearson/Ferguson)That approval be given to Zoning Application ZAR-06-61, by Dana Castelli,Applicant, for a further modification to the Existing Residential “ER-036” Zone inorder to permit a Commercial School (Dance Studio), for the lands located at3079 Highway No. 56 (Glanbrook), as shown on Appendix “A” to ReportPED07094, on the following basis:(a)That the draft By-law, attached as Appendix “B” to Report PED07094,which has been prepared in a form satisfactory to the City Solicitor, beenacted by City Council.(b)That the proposed modification in zoning conforms to the HamiltonWentworth Official Plan and the Township of Glanbrook Official Plan.CARRIEDWaterdown North Secondary Plan and Urban Design Guidelines,Water/Wastewater Master Servicing Plan, Master Drainage Plan andCollector Road Master Plan (PED07092 / PW07026) (Ward 15) (Item 6.6)(Whitehead/Duvall)(a)That Council adopt Official Plan Amendment No. to former Town ofFlamborough Official Plan to adopt the Waterdown North Secondary Plan,Council – March 28, 2007

(11)Economic Development & PlanningCommitteeMinutes 07-005and that the By-law, attached as Appendix “A” to ReportPED07092/PW07026, which has been prepared as a By-law of adoptionin a form satisfactory to the City Solicitor, be approved and forwarded toCouncil for presentation.23.(b)That Council adopt the Waterdown North Urban Design Guidelines,attached as Appendix “B” to Report PED07092/PW07026.(c)That the General Manager of the Public Works Department be authorizedand directed to file the Waterdown North Collector Road Master Plan,attached as Appendix “C” to Report PED07092/PW07026, as per theMunicipal Class Environmental Assessment (June 2000), on the publicrecord with the Municipal Clerk for a thirty day public review.(d)That the General Manager of the Public Works Department be authorizedand dir