Planning Committee

That the agenda for the January 14, 2025 Planning Committee meeting, be approved, as presented. Result: Motion

That the minutes of the December 3, 2024 Planning Committee, be adopted. Result: Motion

That the Delegation from Alberto Luis, CURO Canada Corp/Cash Money, respecting Payday Loans Report (Item 9.7), be received. Result: Motion

That the following items be received: 7.1 PED25000 Appeal of Zoning By-law Amendment Application ZAC-23-010 to the Ontario Land Tribunal for Lack of Decision for Lands Located at 299, 307 and 325 Fiddler’s Green Road, Ancaster (Ward 12) 7.2 PED25019 Active Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision Applications (City Wide) Result: Motion

That the staff presentation from Michael Fiorino, Planner II, respecting Application for a Draft Plan of Subdivision for Lands Located at 1898 and 1900 Rymal Road East, Glanbrook (Ward 9), be received. Result: Motion

That the presentation from Kayly Robbins with Weston Consulting, 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 sub-section 2 in Appendix “C” to Report PED25020 be amended as follows: Planning Committee January 14, 2025 Minutes PC 25-001 Page 7 of 27 2. That, prior to registration of the plan of subdivision, the owner acknowledges and agrees in writing that submission of a Hydrogeological Report through the Site Plan Control application will be required, ensuring there are no negative impacts on the Eramosa Karst Conservation Area. The report shall be conducted by a qualified professional (P. Eng., P. Geo.) that discusses soil/groundwater conditions to properly characterize potential dewatering needs. This brief should discuss seasonal high groundwater levels, excavation depths, dewatering calculations (on a L/s and L/day basis), and if dewatering is required, groundwater quality sampling to compare against Sewer Use By-law criteria. The majority of these information requests can be provided if the applicant requires a geotechnical report to support the development without duplication of efforts, to the satisfaction of the Director, Growth Management and Chief Development Engineer. Result: Amendment

That Report PED25020, dated January 14, 2025, Application for a Draft Plan of Subdivision for Lands Located at 1898 and 1900 Rymal Road East, Glanbrook (Ward 9), be received, and the following recommendations, be approved: (a) That Draft Plan of Subdivision Application 25T-202404, by Weston Consulting (c/o) Kayly Robbins, on behalf of Komil Jasdev Bhalla and Jasdev Singh Bhalla and 1900 Holdco Inc. (c/o Mackenzie Paterson), Owner, on lands located at 1898 and 1900 Rymal Road East, as shown on Appendix “A” attached to Report PED25020, be approved, in accordance with By-law No. 07-323 being the delegation of the City Planning Committee January 14, 2025 Minutes PC 25-001 Page 8 of 27 of Hamilton’s Assigned Authority Under the Planning Act for the Approval of Subdivisions and Condominiums, on the following basis: (1) That this approval apply to the Draft Plan of Subdivision “Part of Lot 7 – Block 5 Concession 1” certified by N. P. Muth, O.L.S., dated November 22, 2024, consisting of one residential block (Block 1) to facilitate the development of 19 street townhouse dwellings with 38 parking spaces including four visitor parking spaces, as shown on the Draft Plan of Subdivision on Appendix “B” attached to Report PED25020; (2) That the Owner enter into a Standard form Subdivision Agreement as approved by City Council and with the Special Conditions as shown on Appendix “C”, as amended, attached to Report PED25020; (3) That the Special Conditions of Draft Plan of Subdivision Approv

(a) That the following public submission regarding this matter be received and considered by the Committee; and, (1) Anthony Salemi, West End Home Builders’ Association – In support of the staff report (b) That the public meeting be closed. Result: Motion

That Report PED25026, dated January 14, 2025, Increase to Building Permit Fees (City Wide), be received, and the following recommendations be approved: (a) That the By-law, attached as Appendix “A” to Report PED25026 to amend City of Hamilton By-law No. 15-058, the Building By-law, which has been prepared in a form satisfactory to the City Solicitor, be enacted. Result: Motion

That Report PED25027, dated January 14, 2025, respecting Demolition Permit – 58 Carluke Road West (Ward 12), be received, and the following recommendations be approved: (a) That the request by the owner to issue a demolition permit for 58 Carluke Road West without the rebuild conditions be APPROVED since the single detached dwelling is located next to an industrial use (bakery) and a new single detached dwelling would be incompatible with the existing industrial use of the property; (b) That the Chief Building Official be authorized to issue a demolition permit for 58 Carluke Road West in accordance with By-law 22-101, pursuant to Section 33 of The Planning Act, as amended, without having to comply with section 6(a) of the Demolition Control Area By- law 22-101. Result: Motion

That Report PED25028, dated January 14, 2025, respecting Demolition Permit – 10-16 Kenilworth Avenue North (Ward 4), be received, and the following recommendations be approved: (a) That the request to issue a demolition permit prior to the owner obtaining final Site Plan Approval for redevelopment of 10-16 Kenilworth Avenue North be DENIED since the building is in fair condition, boarded up and secure, and staff consider the application to be premature; (b) That the Chief Building Official be authorized to issue a demolition permit for 10-16 Kenilworth Avenue North in accordance with By-law 22-101, pursuant to Section 33 of The Planning Act once final Site Plan Control approval has been granted for redevelopment of the property in accordance with section 6(b) of the Demolition Control Area By-law 22-101. Result: Motion

Planning Committee January 14, 2025 Minutes PC 25-001 Page 12 of 27 That Report PED25009, dated January 14, 2025, respecting Request for Direction to Proceed with Appeal of Committee of Adjustment Decision to Approve Minor Variance Application GL/A-24:09 for Lands Located at 2016 Regional Road No. 56, Glanbrook (Ward 11), be

That Report PED25023, dated January 14, 2025, respecting Request for Direction to Proceed with Appeal of Committee of Adjustment Decision to Approve Consent Application B-24:42 and Minor Variance Application A- 24:171 for Lands Located at 1248 Concession 6 West, Flamborough (Ward 13), be received, and the following recommendations be approved: (a) That Council gives approval to the following actions, as detailed in Report PED25023, respecting Committee of Adjustment Consent application B-24:42 and Minor Variance application A-24:171 submitted by The Angrish Group c/o Ruchika Angrish, on behalf of Phil and Marlene Elgersma (owners), for the lands located at 1248 Concession 6 West, Flamborough, as shown in Appendix “A” attached to Report PED25023, granted by the Committee of Adjustment and recommended for denial by the Planning and Economic Development Department: (i) That Council of the City of Hamilton proceed with the appeal to the Ontario Land Tribunal against the decision of the Planning Committee January 14, 2025 Minutes PC 25-001 Page 13 of 27 Committee of Adjustment to approve Consent application B- 24:42 and Minor Variance application A-24:171; and, (ii) That Council directs appropriate Legal Services and Planning staff to attend the future Ontario Land Tribunal hearing in opposition to the decision of the Committee of Adjustment to approve Consent application B-24:42 and Minor Variance application A-24:171. Result: Motion

That Report PED25015, dated January 14, 2025, respecting Application to Deem lands Being Blocks 187, 188 and 189 of Registered Plan 62M-987 not to be Part of a Registered Plan of Subdivision, for the Purposes of Subsection 50(3) of the Planning Act (Stoney Creek) (Ward 10), be received, and the following recommendations be approved: (a) That approval be given to deem Blocks 187, 188 and 189 of Registered Plan 62M-987 not to be part of a Registered Plan of Subdivision, for the purposes of Subsection 50(3) of the Planning Act, as shown on Appendix “A” to Report PED25015; and, (b) That the draft By-law, attached as Appendix “D” to Report PED25015, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council. Planning Committee January 14, 2025 Minutes PC 25-001 Page 14 of 27 Result: Motion

That Report PED25017, dated January 14, 2025, respecting City of Hamilton Response to the Province’s Proposed “Amendments to Reduce Records of Site Condition That Are Not Supporting Brownfields Redevelopment” - Amendments to Ontario Regulation 153/04 under the Environmental Protection Act (City Wide), and the following recommendations be approved: (a) That Council receive Report PED25017 as the basis for written comments respecting proposed amendments to Record of Site Condition requirements under Ontario Regulation 153/04, including the submission letter to the Province, attached as Appendix “A” to Report PED25017; (b) That Council adopt the submission and Recommendations as presented in Report PED25017 respecting Proposed Amendments to Record of Site Condition requirements under Ontario Regulation 153/04; (c) That the General Manager of Planning and Economic Development be authorized and directed to confirm the submission made to the Province, attached as Appendix “A” to Report PED25017; (d) That should the proposed amendments to Record of Site Condition requirements under Ontario Regulation 153/04 come into force, staff be directed and authorized to prepare a draft amendment to the City’s Planning Committee January 14, 2025 Minutes PC 25-001 Page 15 of 27 Official Plans and schedule a Statutory Public Meeting for Council’s consideration at a future Planning Committee. Result: Motion

That Report PED25022 be amended by deleting sub-section (a) and renumbering the balance accordingly, as follows: Planning Committee January 14, 2025 Minutes PC 25-001 Page 16 of 27 (a) That Council approve the request by Cash Money, located at 158 Highway 8, Ward 10, to relocate the existing payday loan business to a new address within Ward 10. (b)(a) That Council approve the amendments to the Licensing By-law 07- 170, Schedule 11, attached as Appendix “A”, to provide the Director of Licensing and By-law Services delegated authority to consider a location change under extenuating circumstances and update the list of licensed payday loan businesses within the City, which has been prepared in a form satisfactory to the City Solicitor, be approved and enacted. Result: Motion

That Report PED25022 be referred back to staff as part of a larger policy review, for a report back to the Planning Committee in Q1 2026. Result: Motion

That Report PED25022, dated January 14, 2025, respecting Amendment to Schedule 11 (Payday Loans businesses) of Licensing By-law 07-170 and request for relocation of an existing payday loans business (City Wide), be received, and the following recommendation be approved: (a) That Council approve the amendments to the Licensing By-law 07- 170, Schedule 11, attached as Appendix “A”, to provide the Director of Licensing and By-law Services delegated authority to consider a location change under extenuating circumstances and update the list of licensed payday loan businesses within the City, which has been prepared in a form satisfactory to the City Solicitor, be approved and enacted. Result: Motion

That the Hamilton Municipal Heritage Committee Report 24-011, dated December 13, 2024, be received, and the following recommendations be approved: (a) Heritage Permit Application HP2024-033, Under Section 34 of the Ontario Heritage Act, for the Demolition of the Tivoli Lobby and Auditorium at 108 James Street North and 111 -113 Hughson Street North, Hamilton (PED24232) (Ward 2) (Item 8.1) (i) That Heritage Permit Application HP2024-033, under Section 34 of the Ontario Heritage Act, for the demolition of the Tivoli Lobby and Auditorium at 108 James Street North and 111-113 Hughson Street North, Hamilton, be approved in accordance Planning Committee January 14, 2025 Minutes PC 25-001 Page 18 of 27 with the submitted Heritage Permit Application and the following conditions: (1) That a Conservation Strategy, including a Conservation Plan, Interpretation/Commemoration Plan, Documentation and Salvage Report, Design Guidelines, and an Interim Conditions Plan outlining how the site conditions will be treated and managed following demolition and until redevelopment occurs, be submitted in accordance with the recommendations of the Cultural Heritage Impact Assessment prepared by +VG, dated September 30, 2024 (attached as Appendix “B” to Report PED24232), and their Addendum dated November 27, 2024 (attached as Appendix “C” to Report PED24232), to the satisfaction and approval of the Director of Planning and Chief Planner, prior to issuance of a Building Permit to Demolish any structures

WHEREAS, section 10 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that a Municipality may pass by-laws respecting: economic, social and environmental well- being of the Municipality; health, safety and well-being of persons; and the protection of persons and property; WHEREAS, the Canadian Charter of Rights and Freedoms protects religious expression; WHEREAS, places of worship provide a safe space for people to come together to express their religious beliefs; WHEREAS, acts of violence and intimidation at or near places of worship create can cause people to be hesitant to exercise their rights due to fear and/or lack of safety; WHEREAS, the City of Hamilton’s Community Safety and Well-Being Plan aims to create the community conditions where everyone is safe and has a sense of belonging; WHEREAS, the City of Hamilton is a place where diversity and inclusivity are embraced and celebrated; WHEREAS, the City of Hamilton respects the right to peaceful protest as a fundamental freedom afforded to all individuals. However, it also recognizes that any acts of violence, threats of violence or vandalism in the course of a protest are not protected by the Canadian Charter of Rights and Freedoms; THEREFORE, BE IT RESOLVED: That staff be directed to prepare a report for Planning Committee’s consideration no later than Q1 2025, on the feasibility of the City of Hamilton adopting and enforcing a by-law to prohibit protests at Places of Worship and their facilities– all w

That the rules of order be suspended to allow for the introduction of a Motion respecting 1065 Paramount Drive – Ontario Land Tribunal Appeal. Result: Motion

WHEREAS, at its meeting on June 26, 2024 Council directed the City Solicitor to oppose the appeal to the Ontario Land Tribunal (“Tribunal”) by Mikmada (Paramount) Inc. for the lands located at 1065 Paramount Drive, Stoney Creek for applications for Official Plan Amendment (UHOPA-23-005) and Zoning By-law Amendment (ZAC- 23- 006); Planning Committee January 14, 2025 Minutes PC 25-001 Page 24 of 27 WHEREAS, in accordance with Council’s direction, the appeal proceeded to a contested hearing and on January 7, 2025 the Tribunal issued a decision granting the appeal; THEREFORE, BE IT RESOLVED: That Legal Services staff be directed to report back to the February 4, 2025 Planning Committee meeting on options to potentially challenge the Tribunal’s decision, respecting 1065 Paramount Drive, and the likelihood of success of those options. Result: Motion

That the Closed Session minutes of the December 3, 2024 Planning Committee meeting, be approved and remain confidential. Planning Committee January 14, 2025 Minutes PC 25-001 Page 25 of 27 Result: Motion

That Committee move into Closed Session for Item 12.2 and 12.3 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 Report LS20003(b), dated January 14, 2025, respecting Waterdown Bay – 392 Dundas Street East (Ward 15) be received, and remain confidential. Result: Motion

(a) That Report LS20003(b), dated January 14, 2025, respecting Appeal to the Ontario Land Tribunal (OLT) for lands located at 1400 South Service Road, Stoney Creek, for Lack of Decision on Urban Hamilton Official Plan Amendment Application (UHOPA-21-018) and Zoning By-law Amendment Application (ZAC-21-039) (Ward 10) be received, and the following recommendations be approved: (i) That the directions to staff in Closed Session respecting Report LS24006(a) be approved; (ii) That closed session recommendations (a) and (b) and Appendix “A” of Confidential Report LS24006(a) be approved and remain confidential until made public as the City’s position before the Ontario Land Tribunal; and, (iii) That the balance of Report LS24006(a), including Appendix “B” hereto, remain confidential. Result: Motion