Planning Committee

That Report PED24028, together with any written submissions and input from delegations received at Planning Committee, be referred to the Chief Planner and the City Solicitor to inform the City's position on the appeals to the Ontario Land Tribunal for Lack of Decision of Urban Hamilton Official Plan Amendment Application UHOPA-23-005 and Zoning By-law Amendment Application ZAC-23- 006, for lands located at 1065 Paramount Drive, Stoney Creek, as shown in Appendix “A” attached to Report PED24028. Result: Motion

That staff be directed to prepare an amending Zoning By-law consistent with the submitted concept plans attached as Appendix “B” to Report PED24020 with the inclusion of Holding Provisions to address the technical matters, including, but not limited to, an updated Tree Preservation Plan and Arborist Study, Wind Study, scoped Transportation Assessment (Trip Generation Letter), updated Functional Servicing Study, owner acknowledgement that they will enter into an external works agreement as part of a future Site Plan Control application, a joint access agreement, and any other necessary Holding Provisions. Result: Motion

(a) That Revised Zoning By-law Amendment Application ZAC-23-050 by Metropolitan Consulting Inc. c/o Peter De Iulio on behalf of 2826749 Ontario Inc. and Andrew Barber c/o Saddique Khan, owners, for a change in zoning from “B” (Suburban Agriculture and Residential, Etc.) District and Planning Committee February 6, 2024 Minutes 24-002 Page 3 of 33 “AA” (Agricultural) District to Transit Oriented Corridor Multiple Residential (TOC3, 887, H165) Zone, to retain the existing building at 164 Rymal Road East to be adaptively reused for dwelling units, and to permit two storey and three storey multiple dwellings containing a maximum of 50 dwelling units, for lands located at 164, 168 and 176 Rymal Road East, as shown on Appendix “A” attached to Report PED24021, be APPROVED on the following basis: (i) That the draft By-law, attached as Appendix “B” to Report PED24021, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; (ii) That the amending By-law apply the Holding Provisions of Section 36(1) of the Planning Act, R.S.O. 1990 to the subject property by including the Holding symbol ‘H’ to the proposed Transit Oriented Corridor Multiple Residential (TOC3, 887, H165) Zone; The Holding Provision ‘H’ is to be removed, conditional upon: (1) That the properties municipally known as 164, 168 and 176 Rymal Road East be merged in title, to the satisfaction of the Director of Development Planning; (2) The Owner submitting and receiving approval of a r

(a) That the Housing for Hamilton Community Improvement Project Area (2024) draft By-law, prepared in a form satisfactory to the City Solicitor and attached as Appendix “A” to Report PED23143(c), be enacted; (b) That the Housing for Hamilton Community Improvement Plan (2024), attached as Appendix “B” to Report PED23143(c) and implementing financial incentive program descriptions be approved, and that the Housing for Hamilton Community Improvement Plan (2024) Draft By- Planning Committee February 6, 2024 Minutes 24-002 Page 5 of 33 law, prepared in a form satisfactory to the City Solicitor and attached as Appendix “C” to Report PED23143(c), be enacted; (c) That existing By-law No. 18-300 originally establishing the Roxborough Community Improvement Project Area, be repealed on such day that the replacement By-law enacting the new Housing for Hamilton Community Improvement Project Area (2024) comes into effect in accordance with Subsection 28(4) of the Planning Act; (d) That existing By-law No. 19-285 being the Housing for Hamilton Community Improvement Plan, be repealed on such day that the Housing for Hamilton Community Improvement Plan (2024) By-law comes into effect; (e) That the following implementing financial incentive program descriptions and terms be approved and appended to the Housing for Hamilton Community Improvement Plan (2024): (i) The Additional Dwelling Unit and Multi-Plex Housing Incentive Program Description attached as Appendix “D” to Report PED23143(c); (ii)

(a) That the reinstatement of the temporary Inactive Taxi Plate Fee of $120 be approved and remain in place until such time as the staff directed review of Licensing By-law 07-170, Schedule 25 (Taxi cabs) identified as Item 8 of Planning Committee Report 23-020 be completed; and (b) That subject to the approval of recommendation (a), the City of Hamilton User Fees and Charges By-law No. 23-112, be amended as per attached as Appendix “A” to Report PED24019. Result: Motion

(a) Hamilton Municipal Heritage Committee Terms of Reference (Item 10.1) That the Terms of Reference be approved as amended: Composition: 1 member of Council 7 citizen members, prioritizing representation from each of the communities that make up the City of Hamilton, including Ancaster, Dundas, Flamborough, Glanbrook, Hamilton and Stoney Creek. Duration: To expire with the current Term of Council or until such time as successors are appointed. Contact: Matt Gauthier, Legislative Coordinator (x6437) (b) Monthly Report on Recommended Proactive Listings for the Municipal Heritage Register, December 2023 (PED23193) (Ward 3) (Item 10.2) That staff be directed to list the property located at 164 Kensington Avenue North, Hamilton (Ward 3) on the Municipal Heritage Register as a non-designated property that Council believes to be of cultural heritage value or interest, in accordance with Section 27 of the Ontario Heritage Act. (c) Notice of Intention to Demolish the Building Located at 535 Old Dundas Road, Ancaster, being a Non-Designated Property Listed on the Municipal Heritage Register (PED23183) (Ward 12) (Item 10.3) Planning Committee February 6, 2024 Minutes 24-002 Page 8 of 33 That the non-designated property located at 535 Old Dundas Road, Ancaster, be removed from the Municipal Heritage Register. (d) Hamilton Wentworth Heritage Association Membership Renewal (Item 10.4) (a) That the membership to the Hamilton Wentworth Heritage Association be approved; (b) That staff be dir

(a) That Council approve the single source procurement, pursuant to Procurement Policy #11 – Non-competitive Procurements, for the provision of parking enforcement services for Term 4 and 5 of Contract C3-04-20, and that the General Manager, Planning and Economic Development Department be authorized to negotiate and execute an amendment(s), applicable to the billing rates set out in the City’s existing Contract, and any ancillary documents required to give effect thereto with Imperial Parking Canada Corporation, in a form Planning Committee February 6, 2024 Minutes 24-002 Page 9 of 33 satisfactory to the City Solicitor; and (b) That Staff be directed to submit an Information Report on the results of the negotiations to the Planning Committee. Result: Motion

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 the owner cannot invest any further; 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 294 Tenth Road East, 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. Planning Committee February 6, 2024 Minutes 24-002 Page 10 of 33 Result: Motion

WHEREAS, Safety has been a major issue with multiple break-ins; WHEREAS, the building has been in a state of disrepair; WHEREAS, the remediation efforts and development efforts are stalled because the buildings are in the way; WHEREAS, it would be prudent to deal with the land contamination issues immediately; WHEREAS, the community including the BIA have complained that the buildings are an eyesore and taking away from the local business atmosphere; THEREFORE, BE IT RESOLVED: That the Chief Building Official be authorized to issue a demolition permit for 23- 25 King St E, Stoney Creek, 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

(a) That the directions to staff in Closed Session respecting Report LS23009(a)/LS23010(a), be approved; (b) That closed session recommendations (a), (b), (c) and (d) contained in Report LS23009(a)/LS23010(a), along with Schedules 3 and 4 to Appendices “A” and “C” hereto, be approved and remain confidential until made public as the City’s position before the Ontario Land Tribunal; and, (c) That the balance of Report LS23009(a)/LS23010(a) remain confidential. Result: Motion

(a) That the directions to staff in Closed Session respecting Report LS23038(a), be approved; (b) That recommendations (a), (b) and (c) contained in Report LS23038(a) remain confidential until made public coincident with staff’s presentation of the City’s position to the Tribunal; and, (c) That the balance of Report LS23038(a) remain confidential. Result: Motion

That Report LS24005 respecting Appeal to the Ontario Land Tribunal for lands located at 65 Guise Street East (Pier 8, Block 16), Hamilton respecting applications for an Official Plan Amendment (UHOPA-22-001), be received and remain confidential. Result: Motion

That the agenda for the February 6, 2024 Planning Committee meeting be approved, as amended. Result: Motion

That the Minutes of the January 16, 2024 meeting be approved, as presented. Result: Motion

(a) That the following Delegation Requests, be approved for today’s meeting: (i) Aamir Shahzad respecting the creation of a new Taxi Advisory Committee (Item 11.1) (For today's meeting) (Item 6.1) (ii) McKenzie Meek, Ancaster Mill, respecting 535 Old Dundas Rd (Item 11.2) (For today’s meeting) (Added Item 6.2) Planning Committee February 6, 2024 Minutes 24-002 Page 17 of 33 Result: Motion

That the staff presentation, be received. Result: Motion

(a) That the following delegations and written submissions, be received and considered by the Committee; and, Delegations (Item 10.1 (a)): (i) Laurie Whitely - Opposed (ii) Sonia D'Aurelio - Opposed (iii) Bruce Ross - Opposed (iv) Joanne Ross - Opposed (v) Gord Teslic - Opposed (vi) Paul McDowell - Opposed (vii) Brad Stapleton – Opposed (viii) Pat Richardson – Opposed (ix) Terry Teslic - Opposed Written Submissions (Item 10.1 (b)): (i) Candace and Mike Piva – Concerns (ii) Wendy and Nino Statti – Concerns (iii) Richard and Fay Henry – Concerns (iv) Chris Gervan – Concerns (v) Cathy Biggs – Opposed (vi) Marsha and Jim Pead – Opposed (vii) Domenica and Mel Waselovich – Opposed (viii) Mark Powell - Opposed (ix) Bob Popek - Opposed (x) Alan & Anita Marshall - Opposed (xi) Heather & Robert Lamb – Opposed (xii) Ed Vaes and John Jansen – Opposed (xiii) Chris Peckham – Opposed (xiv) Diane Parente – Opposed (xv) Barbara Delio – Opposed (xvi) Elisabeth La Rochelle – Opposed (xvii) Mark Springstead – Opposed (xviii) Bob Bean - Opposed Planning Committee February 6, 2024 Minutes 24-002 Page 20 of 33 (b) That the non-statutory public meeting be closed. Result: Motion

That the staff presentation be waived. Result: Motion

That the presentation from Stephanie Mirtitsch with MHBC Planning, 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 presentation from Peter DeIulio with Metropolitan Consulting, be received. Result: Motion

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

(a) That the following written submission regarding this matter, be received and considered by the Committee; and (i) Michelle Diplock, West End Home Builders’ Association (Added Item 10.4(a)(i)) (b) That the public meeting be closed. Result: Motion

(a) That the following delegations and written submissions regarding this matter, be received and considered by the Committee: (i) Written Submissions (Item 10.5(a)): (a) Alan Ernest (Item 10.5(a)(i))– In support with concerns (b) Laura Casimirri (Added Item 10.5(a)(ii))– In support with concerns (ii) Registered Delegations (Item 10.5(b)): (a) Robyn Starkey (Added Item 10.5(b)(ii)) - In support, with modifications (b) James Webb (Added Item 10.5(b)(iii)) - In support, with modifications (c) Pat Kozoayk (Added Item 10.5(b)(iv)) – In support, with modifications (b) That the public meeting be closed. Result: Motion

That Report PED22022(a) respecting Farm Labour Residences Discussion Paper be

That the Committee recess from 1:35 p.m. to 2:10 p.m. Result: Motion

That the Rules of Order be waived to allow for the introduction of a Motion respecting Demolition Permit for 9423, 9517, 9569, 9579, 9867 Dickenson Road West and 1205 Glancaster Road. Result: Motion

WHEREAS, the owner of the above-mentioned property would like to demolish the building prior to obtaining a Draft Plan of Subdivision approval for an industrial employment subdivision within the Airport Employment Growth District Secondary Plan area. WHEREAS, the owner has plans to develop the properties for permitted industrial employment uses and is currently in the planning process for a Draft Plan of Subdivision. WHEREAS, residential uses, except existing residential uses, are prohibited within the Airport Employment Growth District area. WHEREAS, a cultural heritage impact assessment prepared by WSP has been completed for 9867 Dickenson Road West dated April 30, 2021 which concluded that the dwelling does not posses cultural heritage value under O.Reg 9/06 or the City of Hamilton’s Planning Committee February 6, 2024 Minutes 24-002 Page 30 of 33 criteria under Policy B.3.4.2.9 of the Hamilton Urban Official Plan. WSP recommends salvaging of materials, if possible, including original timbers in the barn and original features in the dwelling such as wood floors, wood baseboards and door surrounds and chimney surrounds. WHEREAS, a cultural heritage impact assessment prepared by WSP has been completed for 1205 Glancaster Road dated November 7, 2023 which concluded that the dwelling does not posses cultural heritage value under O.Reg 9/06 or the City of Hamilton’s criteria under Policy B.3.4.2.9 of the Hamilton Urban Official Plan. WSP recommends that no further cultural heri

(a) That the Closed Session Minutes dated January 16, 2024, be approved as presented; and, (b) That the Closed Session Minutes dated January 16, 2024, 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 3:48 p.m. Result: Motion