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Planning Committee
November 16, 2021
What was decided (31 motions)
30 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.
(a) That Report PED21065(a) Biodiversity Action Plan – Six-Month update, be received; (b) That Item 21V respecting a six-month update report on the progress of the Biodiversity Action Plan be considered complete and removed from the Planning Committee’s Outstanding Business List; (c) That Item 21U respecting the presentation of a draft funding Agreement between the City and the lead environmental organization be considered complete as per Report PED21065(a) presented in August of 2021 and be removed from the Planning Committee’s Outstanding Business List. Result: Motion
Moved by Farr, seconded by Pearson
Carried
That Report PED21186 respecting Active Official Plan Amendment, Zoning By- law Amendment and Plan of Subdivision Applications, be received. Result: Motion
Moved by Ferguson, seconded by Partridge
Carried
(a) That the following City lands designated as Block 20 on Plan 62M-637, Parts 7, 8, 9, 10, 11, 13 and 16 on Plan 62R-21497, and Part 3 on Plan 62R-21780 be established as a public highway to form part of Osprey Drive; (b) That the By-law to incorporate the City lands to form part of Osprey Drive, be prepared to the satisfaction of the City Solicitor and be enacted by Council; (c) That the General Manager of Public Works be authorized and directed to register the By-law. Result: Motion,
Moved by Ferguson, seconded by Johnson
Carried
(a) That the revised list of school crossing guard locations resulting from school closures, openings, construction projects, walking patterns, and lunch program changes in Wards 5, 7 and 9, as outlined in Appendix “A” attached to Report PED21213, be approved; (b) That staff be authorized and directed to consult with the affected Ward Councillors and to use delegated authority for adding and/or removing school crossing guards prior to City Council approval for any proposed changes by the Hamilton Wentworth District School Board (HWDSB) and the Hamilton-Wentworth Catholic District School Board (HWCDSB) for the 2022/2023 school year. Result: Motion
Moved by Pearson, seconded by Farr
Carried
(a) That “Pleasantview Area Land Use Study – October 2021” attached as Appendix “A” to Report PED21206 be received; (b) That City Initiative CI-21-C, to amend the Rural Hamilton Official Plan for the lands located in Dundas and shown on Appendix “B” attached to Report PED21206, to modify the text and maps of Special Policy Area A – Pleasantview in Volume 3 and to amend the schedules of Volume 1 for the implementation of the recommendations of the Pleasantview Area Land Use Study, be APPROVED on the following basis: (i) That the draft Official Plan Amendment attached as Appendix “C” to Report PED21206, prepared in a form satisfactory to the City Solicitor, be enacted by Council; (ii) That the draft 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 Planning Committee November 16, 2021 Minutes 21-018 Page 4 of 25 amended), the Greenbelt Plan (2017), and the Niagara Escarpment Plan (2017); (c) That City Initiative CI-21-C, to rezone the lands located in Dundas and shown on Appendix “B” attached to Report PED21206, to add the Pleasantview Area to Zoning By-law 05-200 and add a special exception, holding provision, and temporary use of the By-law to implement the recommendations of the Pleasantview Area Land Use Study, be APPROVED on the following basis: (i) That the Draft Zoning By-law Amendment attached as Appendix “D” to Report PED21206, which has been prepared i
Moved by Partridge, seconded by Pearson
Carried
(a) That City Initiative CI-21-B, to amend the Urban Hamilton Official Plan to change the designation from “Open Space” to “Neighbourhoods” on Schedule “E-1”; to remove the “Parks and General Open Space” and “Streams” designation from the subject lands on from Schedule “B” and the “Key Hydrologic Feature” from Schedule “B-8”; and to remove “City Wide” park classification on Appendix “A” for a portion of the lands located at 1086 West Fifth Street, as shown on Appendix “A” attached to report PED21207, be APPROVED on the following basis: (i) That the draft Official Plan Amendment, attached as Appendix “B” to Report PED21207, which has been prepared in a form satisfactory to the City Solicitor, be enacted by Council; (ii) That the draft 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 City Initiative CI-21-B, to rezone the lands from City-Wide Park (P3) Zone in Zoning By-law No. 05-200 to the “R-4/S-1301a” (Small Lot Single Family Dwelling) District, Modified in the Former City of Hamilton Zoning By-law No. 6593 in order to permit the development of four single detached dwellings on a portion of the lands known as 1086 West Fifth Street, Hamilton, as shown on Appendix “A” attached to Report PED21207, be APPROVED on the following basis: (i) That the draft By-law, attached as Appendix “C” to Report PED21207, which has been prepared in a form s
Moved by Danko, seconded by Partridge
Carried
(a) That Council adopt the submission regarding Bill 13, the proposed Supporting People and Businesses Act, 2021, as provided in Report PED21220; (b) That the Director of Planning and Chief Planner be authorized and directed to confirm the submission made to the Province, attached as Appendix “A” to Report PED21220; (c) That upon proclamation of the proposed changes to the Planning Act in Bill 13, that staff be directed and authorized to schedule a public meeting of the Planning Committee to consider an Official Plan Amendment, and any recommended policies and procedures, to give effect to the proposed changes. Result: Motion
Moved by Pearson, seconded by Ferguson
Carried
(a) That the draft By-law, attached as Appendix “A” to Report PED21168 to amend Schedule 20 – Residential Care Facilities of Licensing By-law 07 170, which has been prepared in a form satisfactory to the City Solicitor, be enacted by Council; (b) That the official inspection log, attached as Appendix “B” to Report PED21168 to be used by City staff and posted in Residential Care Facilities in accordance with the licensing requirements, be approved. Result: Motion
Moved by Ferguson, seconded by Farr
Carried
(a) That Councillor Johnson be appointed Chair of the Planning Committee for 2022; (b) That Councillor Ferguson be appointed 1st Vice Chair of the Planning Committee for 2022; and, (c) That Councillor Wilson be appointed 2nd Vice Chair of the Planning Committee for 2022. Result: Motion
Moved by Partridge, seconded by Pearson
Carried
(a) That recommendations (a), (b), (c), and (d) to Confidential Report LS21038/PED18054(a) and Appendices “A”, “B”, “C”, as amended, and “D” attached to Confidential Report LS21038/PED18054(a), be approved and remain confidential until made public as the City’s position before the Ontario Land Tribunal; (b) That Confidential Report LS21038/PED18054(a) regarding the appeal to the Ontario Land Tribunal (PL171389) from the non-decision of the application to amend Zoning By-law No. 6593 for the lands located at 195 Wellington Street south, including Appendices “A”, “B”, “C”, and “D” attached thereto, remain confidential. Result: Motion
Moved by Farr, seconded by Wilson
Carried
(a) That recommendations (a), (b), (c), (d), (e), and (f) to Confidential Report LS18008(c)/PED18050(b) and Appendices “A” and “B” hereto, be approved and remain confidential until made public as the City’s position before the Ontario Land Tribunal; and, (b) That the balance of Confidential Report LS18008(c)/PED18050(b) regarding the appeals to the Ontario Land Tribunal of the passing of City of Hamilton By-law Nos. 17-240 (Commercial and Mixed Use Zones) and 16-265 (Transit Oriented Corridor Zones) to amend Zoning By-law No. 05- 200, including Appendix “C” attached thereto, remain confidential. Result: Motion
Moved by Partridge, seconded by Pearson
Carried
That the agenda for the November 16, 2021 meeting be approved, as amended. Result: Motion
Moved by Johnson, seconded by Farr
Carried
That the Minutes of the November 2, 2021 meeting be approved, as presented. Result: Motion
Moved by Johnson, seconded by Partridge
Carried
That the correspondence from Wellington Tenants Committee respecting 195 Wellington Street South (Item 14.1), be received and referred to the consideration of Instructions - Appeal to the Ontario Land Tribunal (OLT) for Lack of Decision on Zoning By-law Amendment Application (ZAC-14- 003) for Lands Located at 195 Wellington Street South, Hamilton (LS21038/PED18054(a)) (Ward 2) (Item 14.1). Result: Motion
Moved by Ferguson, seconded by Farr
Carried
That the following Ontario Land Tribunal Decisions be
Moved by Farr, seconded by Johnson
Deferred
That the following Delegation Requests be approved for today’s meeting: 6.1 Delegation respecting the Biodiversity Action Plan (To be heard before Item 7.1): (a) Virtual Delegation: (i) Jen Baker, Hamilton Naturalist’s Club 6.2 Delegation respecting Encampment Enforcement: (i) James Lambert 6.3 Delegation respecting Public Consultation Strategy and Planning Protocols: (i) John Ross Result: Motion
Moved by Partridge, seconded by Pearson
Carried
That the Delegation from Jen Baker, Hamilton Naturalist’s Club, respecting the Biodiversity Action Plan (Item 7.1), be received. Result: Motion
Moved by Farr, seconded by Wilson
Carried
That the staff presentation be waived. Result: Motion
Moved by Ferguson, seconded by Pearson
Carried
That the delegation from John Ariens with IBI Group, be received. Result: Motion
Moved by Pearson, seconded by Partridge
Carried
That the public meeting be closed. Result: Motion
Moved by Partridge, seconded by Pearson
Carried
That the recommendations in Report PED21206 be amended by adding the following sub-section (e): (e) That the public submissions were received and considered in approving the application. Result: Amendment
Moved by Partridge, seconded by Pearson
Carried
That the staff presentation be received. Result: Motion
Moved by Danko, seconded by Ferguson
Carried
That the delegation from Matt Johnston with GSP Group Inc., be received. Result: Motion
Moved by Danko, seconded by Pearson
Carried
That the following written submissions be received: (a)(i) Les Petch (a)(ii) Lynda Petch Result: Motion
Moved by Danko, seconded by Pearson
Carried
That the recommendations in Report PED21207, sub-section (c)(i) be amended by adding the following Condition #60: (60) That prior to issuance of building permits, the Owner shall provide building permit drawings for all dwellings within Eden Park – Phase 2 (25T-200721) that demonstrates that the future installation of electric vehicle charging stations can be accommodated in garages. Result: Amendment
Moved by Danko, seconded by Partridge
Carried
That the recommendations in Report PED21203 be amended by adding the following sub-section (g): (g) That the public submissions were received and considered in approving the application. Result: Amendment
Moved by Danko, seconded by Wilson
Carried
That the delegation from John Ross respecting Public Consultation Strategy and Planning Protocols, be received. Result: Motion
Moved by Wilson, seconded by Pearson
Carried
That the following change to the Outstanding Business List, be approved: Planning Committee November 16, 2021 Minutes 21-018 Page 23 of 25 (a) Items to be Removed: 20F - Paul Valeri, Valery Homes, requesting Deferral of Decision on the Designation of 828 Sanitorium Road (addressed as Item 9.1 on the November 17, 2020 agenda) Result: Motion
Moved by Partridge, seconded by Johnson
Carried
That the General Manager’s Update, be received. Result: Motion
Moved by Pearson, seconded by Ferguson
Carried
That Committee move into Closed Session Pursuant to Section 9.1, Sub-sections (e), (f) and (k) of the City's Procedural By-law 21-021; 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. Planning Committee November 16, 2021 Minutes 21-018 Page 24 of 25 Result: Motion
Moved by Farr, seconded by Johnson
Carried
That there being no further business, the Planning Committee be adjourned at 12:48 p.m. Result: Motion