The Copetown Lions Club won a temporary reprieve this week in its bid to construct a contentious seniors housing development.

In a split decision that divided Hamilton's economic development and planning committee, members passed a resolution asking staff to prepare a draft model liability agreement to oversee a communal water and wastewater system for the proposed 42-unit development.

The decision gives the Lions Club more time to manoeuvre, despite a staff recommendation urging denial of the project.

Located at the southeast corner of Highway 52 and Governor's Road, the proposed condo-style development is designed to give local seniors an opportunity to remain in a rural setting.

The Lions have invested about $80,000 in the project thus far, excluding land costs.

More than 150 prospective residents have expressed a desire to live in the complex. More than 60 individuals submitted written comments in support of the development, many of whom currently reside in rural Flamborough, Ancaster and Dundas.

City planner Jason Thompson outlined staff's recommendation to deny the project based on several criteria. The most notable issue is site servicing. The applicants have proposed a self-contained communal well and wastewater system which Mr. Thompson said conflicts with the city's water and wastewater management master plan.

Mr. Thompson also argued the development lacks supporting technical information. It also conflicts with the intent of the Ancaster official plan and the city's rural official plan, he said. The development would also be incompatible with surrounding land uses, Mr. Thompson noted.

Additional studies are required, Mr. Thompson said, such as a functional servicing report and an archeological assessment.

"Without such information, any decision would be premature," Mr. Thompson said.

Mr. Thompson noted under the Ontario Water Resources Act, the city is now required to enter into a default agreement to assume control of any private, communal well, should it fail to operate.

The city has already been forced to assume control of four communal systems, at taxpayer expense, he explained.

The city's water and wastewater management master plan currently restricts the creation of communal water systems to protect the city from liability.

Copetown Lions past president Bob Pearson said the development will meet a crucial need for affordable seniors housing. The Lions have set up a non-profit organization called the Copetown Lions Development Association that will offer residents lifetime leases.

"This location, if allowed, will allow our elder citizens to remain in the area through their golden years," Mr. Pearson said.

Mr. Pearson also addressed concerns over a potential default scenario in which the city would take control of the communal water system. He noted the club has an excellent relationship with the city that began decades ago with the construction of the Copetown Lions Community Centre and the Copetown ball diamonds.

"The Copetown Lions' track record speaks for itself," Mr. Pearson said.

The Lions' planning consultant Ed Fothergill also urged the committee to support the application.

While he acknowledged that additional studies will be needed, he argued it's unreasonable to ask a service club to gamble on a project with little prospect for approval.

Mr. Fothergill proposed that a holding provision be enacted to ensure all studies are completed once the project is approved.

He said the applicants plan to deal with a company called Waterloo Biofilter, which has built communal water systems for more than a decade without any reported system failures. He cited examples in Freelton, Carlisle and Burford, Ont. where similar developments were approved.

"It is my position there is no technical reason to deny this development," Mr. Fothergill said.

Reading a prepared statement from project chairman Bill Shewfelt, local realtor Don Robertson also spoke to the committee urging support for the project.

"If this project, not unlike our others, cannot be done right, it will not be done at all," Mr. Robertson said.

During a lengthy public meeting, more than a dozen speakers made oral submissions either in favour or in opposition to the development.

Lynden resident Gordon Ferguson currently lives in a home on a large lot with a well and septic system. He supports the Lions' project and has considered selling his home to move there. Mr. Ferguson, 73, and his wife enjoy the peaceful solitude of country living. They would prefer to stay in a rural setting throughout their retirement.

"We don't want to move back to the city," Mr. Ferguson said.

Copetown resident Chris Krucker said the development could set a dangerous precedent by allowing development on agricultural land. The applicant is seeking an official plan amendment and a zoning change from agricultural to residential multiple.

"The idea is good, but it doesn't work in that agricultural piece of land," Mr. Krucker said.

Mr. Krucker and Lynden resident Denise Richardson also addressed traffic issues at the corner of Highway 52 and Governors Road, where several serious collisions have occurred during the past seven years.

Jim Stollard also addressed the committee representing the Hamilton Naturalists Club. He argued the development should be denied because it threatens an environmentally significant area and endangered species such as the Jefferson salamander and monarch butterfly.

Mr. Fothergill returned to the podium to address some of the outstanding concerns. He noted the subject lands are adjacent to the Copetown Ballpark Woodlot. But development will not affect the neighbouring ESA lands, he said.

Hamilton councillors also debated the application, with Brian McHattie and Bob Bratina urging outright denial of the application. In the end, Councillors Maria Pearson, Robert Pasuta and Dave Mitchell voted to support the motion that allows the project to continue, at least in the short term.

Mr. Pasuta is the councillor for Ward 14, which includes Copetown.

He commented, "I'm looking at approving this in principal. We need to do a lot of digging in here with complete studies and a peer review."

Mr. Bratina called the project "an adult lifestyle development that will change the landscape in Copetown."

Mr. McHattie argued the project has the potential to split the community. He said the city would be "irresponsible" to approve it, given the advice of planning staff.

The Copetown Lions application is expected to return for further review during an upcoming committee meeting.