Planning Committee

That Report PED23054 respecting Active Official Plan Amendment, Zoning By- law Amendment, and Plan of Subdivision Applications, be received. Result: Motion

That Report PED23073 respecting Appeal of Urban Hamilton Official Plan Amendment Application UHOPA-22-022 and Zoning By-law Amendment Application ZAC-22-048 to the Ontario Land Tribunal (OLT) for Lack of Decision for Lands Located at 2900 King Street East, Hamilton, be received. Result: Motion

(a) Heritage Permit Application HP2023-005, Under Part V of the Ontario Heritage Act, for the Erection of a Rear Detached Accessory Structure at 18 Chilton Place, Hamilton (PED23001) (Ward 2) (Item 8.1) (i) That Heritage Permit Application HP2023-005, for the erection of a rear detached accessory structure on the designated property at 18 Chilton Place, Hamilton (Durand-Markland Heritage Conservation District), as shown in Appendix “A” attached to Report PED23001, be approved, subject to the approval of any required Planning Act applications and the following Heritage Permit conditions: (a) That the final details of the windows and garage doors be submitted, to the satisfaction and approval of the Director of Planning and Chief Planner, prior to installation; (b) That any minor changes to the plans and elevations following approval shall be submitted to the satisfaction and approval of the Director of Planning and Chief Planner, prior to submission as part of any application for a Building Permit; Planning Committee April 4, 2023 Minutes 23-005 Page 3 of 22 (c) That construction and site alterations, in accordance with this approval, shall be completed no later than March 31, 2025. If the construction and site alterations are not completed by March 31, 2025, then this approval expires as of that date, and no alterations shall be undertaken without a new approval issued by the City of Hamilton. (b) Recommendation to Designate 115-117 George Street, Hamilton, under Part IV of t

WHEREAS, Outdoor Commercial Patios are regulated in size and location by Zoning By-law No. 05-200; WHEREAS, By-law No. 20-181, as amended by By-law Nos. 20-215 and 21-143 amended the Outdoor Commercial Patio regulations in the Zoning By-law to provide temporary relief from the locational requirements for Outdoor Commercial Patios; WHEREAS, Report PED20135(c) recommended reinstatement of the temporary locational permissions for Outdoor Commercial Patios to support local businesses by increasing operational flexibility; WHEREAS, Council approved By-law No. 22-073 to reinstate the temporary locational permissions for Outdoor Commercial Patios on properties abutting a Residential Zone provided a minimum setback of 5 metres from a Residential Zone is provided and the patio does not obstruct a driveway, parking aisle or fire route, and the Zoning By-law restricts Outdoor Commercial Patios to the front yard of a property if the rear lot line abuts a Residential Zone, Downtown Residential (D5) Zone, or Downtown Multiple Residential (D6) Zone, or is separated by a laneway from said zones; WHEREAS, Report PED20135(c) directed staff to report back to Council before April 2025, prior to the expiration of the Temporary Use By-law, to present staff’s evaluation of the merits of establishing the temporary locational permissions for Outdoor Commercial Patios as permanent given that commercial entertainment and recreation on Outdoor Commercial Patios is now permitted in the Zoning By- laws an

WHEREAS, the owner of the above-mentioned property would like to demolish the existing dwelling without having to obtain a Building Permit for a replacement building. WHEREAS, in order to preserve the land, in a safe and secure manner, the family has removed (with building permit) the dilapidated garage. The remaining house is beyond repair and dangerous for people to enter, yet people continue to break in; and WHEREAS, for the past 25 years, the majority of the 32 acres has been rented and farmed by a local farming family, Robinson Farms. This parcel would also be incorporated into farmland. Planning Committee April 4, 2023 Minutes 23-005 Page 7 of 22 THEREFORE, BE IT RESOLVED: That the Chief Building Official be authorized to issue a demolition permit for 1262 Centre Road, Flamborough, 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, a permit to demolish the existing residential building containing a single family dwelling (the “original building”) at 3334 Homestead Drive, Glanbrook was issued to the owner, Joel Tavormina, on August 5, 2018. WHEREAS, a condition of the demolition permit required the owner to construct and substantially complete the new residential building containing a single family dwelling (the “replacement building”) that was proposed to be erected on the property not later than two (2) years from date of the demolition of the original building. WHEREAS, on September 4, 2018 the original building was demolished and the condition of the demolition permit required that the replacement single family dwelling be constructed and substantially complete not later than September 4, 2020. WHEREAS, on May 1, 2019 the partially constructed replacement building caught on fire during construction and was substantially damaged, which did not alter the condition that the replacement building be constructed and substantially complete by September 4, 2020. Planning Committee April 4, 2023 Minutes 23-005 Page 8 of 22 WHEREAS, on May 31, 2019 a permit to demolish the fire damaged partially constructed replacement building and a replacement reconstruction permit were issued to permit the construction of another replacement building. WHEREAS the owner has not commenced construction of the second replacement building. WHEREAS, pursuant to subsection 33(7) of the Planning Act, upon failure to comple

(a) That the directions to staff in Closed Session respecting Report LS22004(a)/PED22019(a), be approved; (b) That closed session recommendations (a), (b), and (c) to Report LS22004(a) /PED22019(a) be released to the public, following approval by Council; and (c) That the balance of Report LS22004(a)/PED22019(a) remain confidential. Result: Motion

(a) That the directions to staff in closed session respect Report LS23017/PED23075, be approved; (b) That closed session recommendations (a), (b), and (c) contained in Report LS23017/PED23075 remain confidential until made public coincident with staff’s presentation of the City’s position to the OLT; (c) That Appendices “A” and “B” be approved and remain confidential until made public coincident with staff’s presentation of the City’s position to the OLT; and (d) That the balance of Report LS23017/PED23075 remain confidential. Result: Motion

(a) That the directions to staff in closed session respect Report LS23015, be approved; (b) That closed session recommendations (a) and (b) to Report LS23015 be released to the public, following approval by Council; and (c) That the balance of Report LS23015 remain confidential. Result: Motion

That the agenda for the April 4, 2023 Planning Committee meeting be approved, as amended. Result: Motion

That the Minutes of the March 21, 2023 meeting be approved, as presented. Result: Motion

That the Communication from ACORN Hamilton respecting 1083 Main Street East, be received. Result: Motion

That the Communication from Greg Dunnett, Hamilton Chamber of Commerce respecting Outdoor Commercial Patios - Routine Minor Variances and Temporary Use By-laws (Item 12.1), be received. Result: Motion

That the Delegation Request from Matt Johnston, Urban Solutions, respecting Redesignation of Class 4 Noise Designation for 115 and 121 Vansitmart Avenue, be approved for a future meeting. Result: Motion

That the Delegation from Joel Tavormina respecting an Extension for Reconstruction, be received. Result: Motion

That the Rules of Order be waived to allow for the introduction of a Motion respecting a Demolition Permit for 1262 Centre Road, Flamborough. Result: Motion

That the Rules of Order be waived to allow for the introduction of a Motion respecting Extension for Reconstruction at 3334 Homestead Drive, Glanbrook. Result: Motion

That the above motion, be amended by adding a timeline, as follows: That the permit holder be granted an extension to file a notice of application under section 33(13) of the Planning Act and is granted relief from the time for completion of a replacement building, on the property at 3334 Homestead Drive, Glanbrook, from two (2) years of the date of the demolition of the original building to two (2) years from the date of Council resolution. Planning Committee April 4, 2023 Minutes 23-005 Page 19 of 22 Result: Amendment

That the following changes to the Outstanding Business List, be approved: (a) Items to be Removed 12B - Request to Designate 437 Wilson Street East (Ancaster) (Addressed as Item 9 on Planning Committee Report 23-004) 14A - Adding 206, 209 and 210 King St E to the Register of Property of Cultural Heritage Value or Interest (Addressed as Item 9 on Planning Committee Report 23-004) 17B - Designation of the Gore District as a Heritage Conservation District (Addressed as Item 9 on Planning Committee Report 23-004) 21Q - Options for Fee/Cost Recoveries for Multiple Requests for Same Property being removed from the Heritage Registry (Hamilton Municipal Heritage Committee Report 21-005 (Addressed as Item 9 on Planning Committee Report 23-004) 22B - MCR / Official Plan Review (Addressed as Item (i)(iii) on Planning Committee Report 22-014 - Referred to the November 30, 2022 Special Council meeting) Planning Committee April 4, 2023 Minutes 23-005 Page 20 of 22 (b) Items to be Added Annual Report on the Impacts of the No Growth Option (Referred to the Planning Committee at the March 22, 2023 General Issues Committee meeting) (November 19, 2021, GIC 21- 023, Item 3(h)) Result: Motion

That the Closed Session Minutes dated March 21, 2023 be approved, as presented, and remain confidential. Result: Motion

That Committee move into Closed Session for Items 15.2, 15.3 and 15.4, 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 11:11 a.m. Result: Motion