Planning Committee

That Report PED24126 respecting Active Official Plan Amendment, Zoning By- law Amendment, and Plan of Subdivision Applications, be received. Result: Motion

That Report PED24128 respecting Appeal by SGL Planning and Design Inc. on Behalf of 1541189 Ontario Inc. for an Urban Hamilton Official Plan Amendment Application UHOPA-20-013 and Zoning By-law Amendment Application ZAC-20- 017 to the Ontario Land Tribunal for Lack of Decision for Lands Located at 210 Calvin Street, Ancaster, be received. Result: Motion

That Report PED24062 respecting Appeal by Aird & Berlis LLP on behalf of Fengate Homestead Holdings Inc. LP of Urban Hamilton Official Plan Amendment Application UHOPA-22-008, Zoning By-law Amendment Application ZAC-22-017, and Draft Plan of Subdivision Application 25T-202202 to the Ontario Land Tribunal for Lack of Decision for Lands Located at 3054 Homestead Drive and 9174 and 9166 Airport Road West, Glanbrook, be received. Planning Committee August 13, 2024 Minutes 24-011 Page 3 of 46 Result: Motion

(a) That Amended Zoning By-law Amendment Application ZAC-24-018 by WEBB Planning Consultants Inc. c/o James Webb on behalf of James Barton LLP, Owner, for a change in zoning from Downtown Mixed Use - Pedestrian Focus (D2, H21) Zone to Downtown Mixed Use - Pedestrian Focus (D2, 909, H180) Zone, and for a change in zoning from Downtown Mixed Use - Pedestrian Focus (D2) Zone to Downtown Mixed Use - Pedestrian Focus (D2, 909, H180) Zone to permit the adaptive reuse of an existing three storey heritage building and a 12 storey mixed use building containing 296 square metres of commercial space, 127 dwelling units and 58 parking spaces, for lands located at 309 James Street North (Block 1) and 325 James Street North (Block 2), as shown on Appendix “A” attached to Report PED24064, be APPROVED on the following basis: (i) That the draft By-law, attached as Appendix “B” to Report PED24064, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; (ii) That the proposed change in zoning is consistent with the Provincial Policy Statement (2020), conforms to A Place of Grow: Growth Plan for the Greater Golden Horseshoe (2019, as amended), and complies with the Urban Hamilton Official Plan and the Downtown Hamilton Secondary Plan; (iii) 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 ‘H180’ to the proposed Downtown Mixed Use – Pedestrian Foc

(a) That Amended Official Plan Amendment Application UHOPA-23-007, by Bousfields Inc. (c/o David Falletta) on behalf of 1121209 Ontario Inc. (c/o Anthony Longo), Owner, to modify “Site Specific Policy – Area A” within the Rymal Road Secondary Plan to add permissions for multiple dwellings with a maximum height of ten storeys and a maximum density of 160 units per net hectare, for lands located at 2064 and 2070 Rymal Road East, as shown on Appendix “A” attached to Report PED24131, be APPROVED on the following basis: (i) That the draft Official Plan Amendment, attached as Appendix “B” to Report PED24064, be adopted by City Council; (ii) That the proposed Official Plan Amendment is consistent with the Provincial Policy Statement (2020) and conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019, as amended); (b) That Amended Zoning By-law Amendment Application ZAC-23-017, by Bousfields Inc. (c/o David Falletta) on behalf of 1121209 Ontario Inc. (c/o Anthony Longo), Owner, for a change in zoning from the General Commercial “C3-301” Zone, Modified, to the Community Commercial (C3, 906) Zone for the eastern portion of the site and the Community Commercial (C3, 907) Zone for the western portion of the site, to permit a ten storey mixed use building containing 227 units, 1,020 square metres of ground floor commercial area, and 244 parking spaces and an existing commercial development, for lands located at 2064 and 2070 Rymal Road East, as shown on Appendix “A”

(a) That Zoning By-law Amendment Application ZAC-24-017, by A.J. Clarke and Associates (c/o Franz Kloibhofer) on behalf of Manuel Vieira and Fifty Road Joint Venture Inc., Owners, for a change in zoning from the Neighbourhood Development “ND” Zone to the Single Residential “R2” Zone (Block 1), from the Neighbourhood Development “ND” Zone to the Single Residential “R1” Zone (Block 2), and from the Neighbourhood Development “ND” Zone to the Single Residential “R3-12(H)” Zone, Modified, Holding (Block 3), to facilitate the creation of four parcels for the development of three single detached dwellings fronting Sandbeach Drive and to merge one parcel with the lands to the south, described as Blocks 187, 188 and 189, Plan 62M-987, for the future development of three single detached dwellings fronting Kingspoint Circle, be APPROVED on the following basis: (i) That the draft Zoning By-law Amendment, attached as Appendix “B” to Report PED24133, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; (ii) That the draft Zoning By-law Amendment apply the Holding Provisions of Section 36(1) of the Planning Act, R.S.O. 1990 to the subject property by modifying the Holding symbol ‘H’ to the Single Residential “R3-12(H)” Zone: Planning Committee August 13, 2024 Minutes 24-011 Page 7 of 46 The Holding (H) symbol for the Single Residential “R3-12(H)” Zone, Modified, Holding, may be removed and thereby give effect to the “R3-12” Zone provisions, upon

(a) That Official Plan Amendment Application UHOPA-23-011, by NPG Planning Solutions Inc. (c/o Rob Fiedler) on behalf of SS Stoney Creek Inc., Owner, by changing the identification from “Area Specific Policy – Area A, Block A-3” to “Area Specific Policy – Area A, Block A-3-1” within the West Mountain Area (Heritage Green) Secondary Plan, to permit a nine storey mixed use building with a maximum density of 460 units per hectare, for lands located at 196, 198, 200 and 202 Upper Mount Albion Road, as shown on Appendix “A” attached to Report PED24041, be APPROVED on the following basis: (i) That the draft Official Plan Amendment, attached as Appendix “B” to Report PED24041, be adopted by City Council; Planning Committee August 13, 2024 Minutes 24-011 Page 8 of 46 (ii) That the proposed Official Plan Amendment is consistent with the Provincial Policy Statement (2020) and conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019, as amended); (b) That Zoning By-law Amendment Application ZAC-23-026, by NPG Planning Solutions Inc. (c/o Rob Fiedler) on behalf of SS Stoney Creek Inc., Owner, for a change in zoning from the Mixed Use Medium Density (C5, 319) Zone to the Mixed Use Medium Density (C5, 894, H171) Zone, to permit a nine storey mixed use building with 232 dwelling units and 337 square metres of ground floor commercial use, for lands located at 196, 198, 200 and 202 Upper Mount Albion Road, as shown on attached Appendix “A” to Report PED24041, be APPROVE

(a) That Licensing and By-law Services be approved for an additional amount of $456,000 to demolish the vacant and adjoining properties located at 455 King Street East and 457- 459 King Street East, and that all associated costs for carrying out the demolition be added to the property tax rolls for the corresponding properties. Result: Motion

That Council approve the implementation of a Toys for Tickets pilot program for 2024 that provides a one-week window of opportunity, December 2 to 6, 2024, for recipients of parking administrative penalties to pay a penalty with a toy donation equal to or greater in monetary value of the issued penalty with the Director of Transportation Planning and Parking (or delegate) to authorize the donation value as payment, the donations be directed to United Way Halton and Hamilton, and for staff to report back in the first quarter of 2025 with program results and further recommendations for a possible ongoing annual program offering. Result: Motion

(a) That the Draft Framework for Processing and Evaluating Urban Boundary Expansion Applications, attached in Appendix “A” to Report PED24109, be used by staff in reviewing Official Plan Amendment urban boundary expansion applications until established in the Urban and Rural Official Plans through Official Plan Amendments, be APPROVED; (b) That Council direct Planning and Economic Development staff to: (b) That Council direct Planning and Economic Development staff to: (i) That city Planning staff be directed to prepare a public consultation and engagement report for a future Planning Committee meeting; (i)(ii) consult on the Draft Framework for Processing and Evaluating Urban Boundary Expansions, attached in Appendix “A” to Report PED24109; and, (ii)(iii) prepare for Council’s consideration Official Plan Amendments to the Urban Hamilton Official Plan and Rural Hamilton Official Plan to establish the Official Plan Amendment Submission Requirements, Evaluation and Locational Considerations, and Application Submission and Review Process for urban boundary expansions; (c) That Council direct Planning and Economic Development staff to establish a new team within the Planning and Economic Development Department to be funded in 2024 from the Development Fees Stabilization Reserve Account No. 110086, and through development application fees starting in 2024, for the coordinated review of urban boundary expansion applications, Ontario Land Tribunal appeals, and implementation of plan

(a) Recommendation to Designate 85 King Street East, Dundas, under Part IV of the Ontario Heritage Act (PED24124) (Ward 13) (Item 8.1) (i) That the City Clerk be directed to give notice of Council’s intention to designate 85 King Street East, Dundas, shown in Appendix “A” attached to Report PED24124, as a property of cultural heritage value pursuant to the provisions of Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Cultural Heritage Value or Interest and Description of Heritage Attributes, attached as Appendix “B” to Report PED24124, subject to the following: Planning Committee August 13, 2024 Minutes 24-011 Page 13 of 46 (1) If no objections are received to the notice of intention to designate in accordance with the Ontario Heritage Act, City Council directs staff to introduce the necessary by-law to designate the property to be of cultural heritage value or interest to City Council; (2) If an objection to the notice of intention to designate is received in accordance with the Ontario Heritage Act, City Council directs staff to report back to Planning Committee to allow Council to consider the objection and decide whether or not to withdraw the notice of intention to designate the property. (b) Recommendation to Designate 7 Rolph Street, Dundas, known as the Lennard House / Mushroom House, under Part IV of the Ontario Heritage Act (PED24125) (Ward 13) (Item 8.2) (i) That the City Clerk be directed to give notice of Council’s intention t

WHEREAS, the residence has deteriorated to a condition that is no longer habitable; WHEREAS, the property has become a safety and operational liability; WHEREAS, the residence has been deemed beyond reasonable repair and the owner cannot invest any further; and, Planning Committee August 13, 2024 Minutes 24-011 Page 15 of 46 WHEREAS, the owner of the above-mentioned property would like to demolish the existing dwelling without having to obtain a Building Permit; THEREFORE BE IT RESOLVED: That the Chief Building Official be authorized to issue a demolition permit for 884 Barton Street, Stoney Creek, pursuant to Section 33 of the Planning Act as amended, without having to comply with conditions in Sub-Section 6(a) of Demolition Control Area By-law 22-101. Result: Motion

WHEREAS, the owner of the above-mentioned property, David Wilson, received a Demolition and Building Permit in March of 2022 to remove their existing home and build a new one it in its place; WHEREAS, the Building and Demolition Permit requirements at the time stipulated that construction must be started by Nov 7, 2023, and that the home must be complete for occupancy by September 26, 2024; WHEREAS, demolition was complete as of September 2022, but ongoing health issues have prevented the property owners from completing construction within the stipulated time frame, through no fault of their own; and, WHEREAS, the Ontario Planning Act provides an opportunity for relief of the time frame requirements of the Demolition Control Area By-Law #09-208 through a motion of council. THEREFORE BE IT RESOLVED: Planning Committee August 13, 2024 Minutes 24-011 Page 16 of 46 That the Chief Building Official be authorized to remove the rebuild timeframe provisions on the Building and Demolition Permit for 98 Alma St., Dundas, pursuant to Section 33 of the Planning Act as amended, without having to comply with the conditions in Sub-Section 6(a) of Demolition Control Area By-law 22- 101. Result: Motion

WHEREAS, Restrictive covenants and exclusivity clauses, sometimes referred to as “property controls”, are placed on a property by the original owner at a point of sale to control future uses; WHEREAS, restrictive covenants can harm competition by making it difficult, or even impossible, for businesses to open new stores; WHEREAS restrictive covenants can prohibit access to important neighbourhood amenities creating negative impacts for residents and businesses; WHEREAS, restrictive covenants have a long history in Hamilton, including but not limited to, the Westdale neighbourhood that legally prohibited the sale or use of lands to “Negroes, Asiatics, Bulgarians, Austrians, Russians, Serbs, Rumanians, Turks, Armenians, whether British subjects or not, or foreign-born Italians, Greeks or Jews”; WHEREAS, restrictive covenants have been used to disallow the continued availability of neighbourhood grocery stores when the property is sold, contributing to food deserts in the city of Hamilton; Planning Committee August 13, 2024 Minutes 24-011 Page 17 of 46 WHEREAS, Canada’s Competition Bureau has obtained two court orders to advance its investigations into Empire Company Limited’s and George Weston Limited’s use of property controls in creating anti-competitive conditions; WHEREAS, George Weston has a controlling ownership interest of 61.7 per cent in Choice Properties Real Estate Investment Trust and Empire holds a 41.5 per cent interest in Crombie Real Estate Investment Trust; WHE

WHEREAS, the residence has deteriorated to a condition that is no longer habitable; WHEREAS, the property has become a safety and operational liability; WHEREAS, the residence has been deemed beyond reasonable repair and the owner cannot invest any further; Planning Committee August 13, 2024 Minutes 24-011 Page 18 of 46 WHEREAS, through the review of the site specific rezoning application no cultural or built heritage resources were identified on the subject lands and the site specific zoning by-law requires an update tree preservation plan to be submitted and approved before any redevelopment of these lands can occur; WHEREAS, the owner of the above-mentioned property would like to demolish the existing dwelling without having to obtain a Building Permit; THEREFORE, BE IT RESOLVED: That the Chief Building Official be authorized to issue a demolition permit for 465 Rymal Rd West, pursuant to Section 33 of the Planning Act as amended, without having to comply with conditions in Sub-Section 6(a) of Demolition Control Area By-law 22-101. Result: Motion

(a) That the directions to staff in Closed Session respecting Report LS24012 be approved; (b) That closed session recommendations (a), (b), (c), (d) and (e) to Report LS24012 be released to the public following approval by Council; and, (c) That the balance of Report LS24012, including Appendix “A” remain confidential. Planning Committee August 13, 2024 Minutes 24-011 Page 19 of 46 Result: Motion

(a) That the directions to staff in Closed Session respecting Termination of Lease in the City of Hamilton (Ward 2), be approved; and (b) That the details of the motion respecting Termination of Lease in the City of Hamilton (Ward 2), remain confidential, pending the final termination of the lease and vacating of the leased lands by the current tenant. Result: Motion

That the agenda for the August 13, 2024, Planning Committee meeting be approved, as amended. Result: Motion

That the Minutes of the July 9, 2024 meeting be approved, as presented. Result: Motion

That the correspondence from Hamilton Community Enterprises respecting Draft Framework for Processing and Evaluating Urban Boundary Expansion Applications under the proposed Provincial Planning Statement (PED24109), be received and referred to the consideration of Item 11.3 Result: Motion

That the following Delegations be approved, as follows: (a) Ayesha Asghar respecting Property Standards and Tennant Concerns (For the September 6, 2024 meeting) (Item 6.1) (b) Ian Borsuk respecting Draft Framework for Processing and Evaluation Urban Boundary Expansion Applications under the proposed Provincial Planning Statement (PED24109) (City Wide) (Item 11.3) (For today’s meeting) (Added Item 6.2) Result: Motion

That the Delegation from Jeannie Howe, respecting By-laws to Prevent Animal Neglect, be received. Planning Committee August 13, 2024 Minutes 24-011 Page 25 of 46 Result: Motion

That the Delegation from Ian Borsuk, respecting Draft Framework for Processing and Evaluation Urban Boundary Expansion Applications under the proposed Provincial Planning Statement (PED24109), be received and referred to the consideration of Item 11.3. Result: Motion

That the staff presentation be waived. Result: Motion

That the presentation from James Webb, WEBB Planning Consultants, be received. Result: Motion

(a) That the public submissions (in the staff report) regarding this matter be received and considered by the Committee; and, (b) That the public meeting be closed. Result: Motion

That the staff presentation be received. Result: Motion

That the presentation from David Falletta, Bousfields Inc., be received. Result: Motion

(a) That the following public submissions regarding this matter be received and considered by the Committee: (i) Written Submissions (Item 10.2(a)): (1) Mitzi Lawrence (Item 10.2(a)(i)) – Concerns (2) Vanessa Medina (Added Item 10.2(a)(ii)) – Opposed (3) Andrea Dactyl (Added Item 10.2(a)(iii)) - Opposed (4) Meg Runciman (Added Item 10.2(a)(iv)) – Opposed Planning Committee August 13, 2024 Minutes 24-011 Page 29 of 46 (5) Jeff Chudak (Added Item 10.2(a)(v)) – Concerns (6) Sarah Chudak (Added Item 10.2(a)(vi)) - Concerns (b) That the public meeting be closed. Result: Motion

That the presentation from Chloe Andrew, AJ Clarke & Associates, be received. Result: Motion

(a) That there were no public submissions received regarding this matter; and, (b) That the public meeting be closed. Result: Motion

That the Planning Committee meeting recess for thirty minutes until 12:47 p.m. Result: Motion

That the presentation from Gerry Tchisler with MHBC Planning, be received. Result: Motion

(a) That the following public submissions regarding this matter were received and considered by the Committee: Planning Committee August 13, 2024 Minutes 24-011 Page 33 of 46 (i) Delegations (Item 10.4(a)): (1) Brian Peggie (in-person) (Item 10.4(a)(i)) (2) Kim Parkes-Hallmark (in-person) (Item 10.4(a)(ii)) (3) Curth Martell (in-person) (Item 10.4(a)(iii)) (4) Jennifer Gallant (in-person) (Item 10.4(a)(iv)) (5) Robert Gordon Thomas (in-person) (Item 10.4(a)(v)) (6) Oliver Card (pre-recorded) (Added Item 10.4 (a)(vi)) (7) Sylvia Dawe (in-person) (Added Item 10.4(a)(vii)) (8) Stephanie Card (in-person) (Added Item 10.4(a)(viii)) (9) Brent Card (in-person) (Added Item 10.4(a)(ix)) (10) Mary Ann Martell (in-person) (Added Item 10.4(a)(x)) (11) Brett Gallant (in-person) (Added Item 10.4(a)(xi)) (ii) Written Submissions (Item 10.4(b)): (1) Adam Peters (Item 10.4(b)(i)) – Opposed (2) Brian Peggie (Item 10.4(b)(ii)) - Opposed (3) Carolyn Ann Baumgartl & Peter Baumgartl (Item 10.4(b)(iii)) - Concerns (4) Kelly Matthews & Rick Matthews (Item 10.4(b)(iv)) - Opposed (5) Ed Johnston (Item 10.4(b)(v)) – Concerns (6) Pauline Blanchard (Item 10.4(b)(vi)) – Opposed (7) Jennifer Gallant & Brett Gallant (Item 10.4 (b)(vii)) – Concerns (8) Robert Gordon Thomas (Added Item 10.4(b)(viii)) – Concerns (9) Larraine Stange (Added Item 10.4(b)(ix)) – Opposed (10) Stella Bester (Added Item 10.4(b)(x)) – Opposed (11) Chris Stewart (Added Item 10.4(b)(xi)) – Opposed Planning Committee August 13, 2024 Minu

That the Applicant be permitted to answer questions from Committee. Result: Motion

That Report PED24068 respecting Applications for an Official Plan Amendment and Zoning By-law Amendment for Lands Located at 173 and 177 Dundas Street East, Flamborough be

That the presentation from Rob Fielder with NPG Planning Solutions, be received. Result: Motion

That the presentation from Dave Heyworth, Manager of Sustainable Communities, and Charlie Toman, Senior Project Manager – Policy Planning/Municipal Comprehensive Review, addressed the Committee, respecting Report PED24109, Draft Framework for Processing and Evaluating Urban Boundary Expansion Applications under the proposed Provincial Planning Statement, be received. Result: Motion

That Report PED 24109 respecting Draft Framework for Processing and Evaluating Urban Boundary Expansion Applications under the proposed Provincial Planning Statement, be amended by adding a new sub-section (b)(i) and renumbering the balance accordingly, as follows: (b) That Council direct Planning and Economic Development staff to: (i) That city Planning staff be directed to prepare a public consultation and engagement report for a future Planning Committee meeting; Planning Committee August 13, 2024 Minutes 24-011 Page 41 of 46 (i)(ii) consult on the Draft Framework for Processing and Evaluating Urban Boundary Expansions, attached in Appendix “A” to Report PED24109; and, (ii)(iii) prepare for Council’s consideration Official Plan Amendments to the Urban Hamilton Official Plan and Rural Hamilton Official Plan to establish the Official Plan Amendment Submission Requirements, Evaluation and Locational Considerations, and Application Submission and Review Process for urban boundary expansions; Result: Amendment

That the Meeting time be extended to 6:30 p.m. Result: Motion

That report PED24132 respecting Application for Ministry of the Environment, Conservation and Parks Environmental Compliance Approval for a Waste Disposal Site (Waste Processing and Transfer Station), Reference # 3285-CW2P8E, 354 Nash Road North, Hamilton be

That the Rules of Order be waived to allow for the introduction of a Motion respecting Request and Issuance of a Demolition Permit for the Property Municipally Known as 465 Rymal Rd. Result: Motion

That the General Manager’s Update be received. Result: Motion

(1) That the Closed Session Minutes dated July 9, 2024, be approved as presented; and, (2) That the Closed Session Minutes dated July 9, 2024, remain confidential. Result: Motion

Planning Committee August 13, 2024 Minutes 24-011 Page 45 of 46 That Committee move into Closed Session for Item 15.2 and 15.3 pursuant to Section 9.3, Sub-sections (e), (f) and (k) of the City’s Procedural By-law 21-021, as amended; and Section 239(2), Sub-sections (e), (f) and (k) of the Ontario Municipal Act, 2001, as amended as the subject matter pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. Result: Motion

That there being no further business, the Planning Committee be adjourned at 6:40 p.m. Planning Committee August 13, 2024 Minutes 24-011 Page 46 of 46 Result: Motion