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Planning Committee
April 25, 2022
What was decided (42 motions)
42 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
That Report PED22085 respecting the Active Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision Applications, be received. Result: Motion
Moved by Pearson, seconded by Wilson
Carried
(a) Election of Co-Chairs for 2022 (Item 1.1) (i) That Councillor J. Partridge be appointed Co-Chair of the Hamilton- Oshawa Port Authority - City of Hamilton Liaison Committee for 2022; and Planning Committee April 25, 2022 Minutes 22-006 Page 2 of 33 (ii) That A. Waldes be appointed Co-Chair of the Hamilton-Oshawa Port Authority - City of Hamilton Liaison Committee for 2022. (b) Committee Terms of Reference (Item 10.1) That the Committee’s Terms of Reference be reviewed at a future meeting, to be scheduled in June 2022. Result: Motion
Moved by Pearson, seconded by Danko
Carried
(a) Normal Farm Practice Peer Review by the Agricultural and Rural Affairs Advisory Committee (Item 9.1) (i) That the Planning Committee establish an Agricultural Site Alteration Application Review Working Group of the Agricultural and Rural Affairs Advisory Committee; (ii) That the Agricultural Site Alteration Application Review Working Group be comprised of the following Members: (i) Dale Smith (ii) Drew Spoelstra (iii) Cathy McMaster (iv) Mel Switzer (v) Gavin Smuk (iii) That the Planning Committee direct staff to investigate implementing a per diem, comparable to that of the Committee of Adjustment, in a future report to the Planning Committee respecting the Site Plan Alteration By-law. Result: Motion
Moved by Wilson, seconded by Partridge
Carried
(a) Recommendation to Remove 8 Renwood Place, Flamborough from the Municipal Heritage Register (PED21201(c)) (Ward 15) (Added Item 7.4) (i) That Council receive the notice of objection, attached as Appendix “A” to Report 22-003, from the owner of 8 Renwood Place, Flamborough, objecting to the notice of Council’s decision to list the non-designated property on the Municipal Heritage Register under Section 27 of the Ontario Heritage Act; and (ii) That Council remove 8 Renwood Place, Flamborough, from the Municipal Heritage Register, pursuant to Section 27(8) of the Ontario Heritage Act. (b) Heritage Permit Application HP2021-038, Under Part IV of the Ontario Heritage Act, for a Replacement Front Door and Side Lite Windows and Wood Profile, Related Repairs and Conservation of Transom Window, and Retroactive Approval of Replacement Windows, at 24 Griffin Street, Flamborough, Part IV Designation (PED22072) (Ward 15) (Item 8.2) That Heritage Permit Application HP2021-038, for a replacement front door and side lite windows and wood profile, related repairs and conservation of the front transom window, and retroactive approval of replacement windows, for the lands located at 24 Griffin Street, be approved, subject to the following conditions: (i) 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 an
Moved by Pearson, seconded by Farr
Carried
That Report LS22021 respecting Non-Decision Appeals to the Ontario Land Tribunal (2018 to 2022), be received. Result: Motion
Moved by Wilson, seconded by Danko
Carried
(a) That Zoning By-law Amendment Application ZAC-17-064, by 1376412 Ontario Ltd. c/o Zeina Homes, (Owner), for a change in zoning from Settlement Residential “R2-14(H)”, Modified – Holding Zone to a site specific Settlement Residential “R2” Zone, Modified, and the Conservation / Hazard Land (P5) Zone, for lands located at 655 Cramer Road, as shown on Appendix “A” attached to Report PED22061, be DENIED on the following basis: (i) That the proposal is not consistent with the Provincial Policy Statement (PPS); (ii) The proposal does not comply with the Provincial D-6 Guidelines: Compatibility Between Industrial Facilities; (iii) The proposal does not comply with the Growth Plan for the Greater Golden Horseshoe (2020); (iv) The proposal does not comply with the Settlement Residential policies under the Greensville Rural Settlement Area Plan of the Rural Hamilton Official Plan; (v) The proposal is not consistent with the Greenbelt Plan (2017). Planning Committee April 25, 2022 Minutes 22-006 Page 6 of 33 (b) That Draft Plan of Subdivision Application 25T-201710 by 1376412 Ontario Ltd. c/o Zeina Homes, (Owner), to establish a Draft Plan of Subdivision in order to permit 18 residential lots, one stormwater management pond and three public roadways (one new proposed road and two extensions of existing public roads) for lands located at 655 Cramer Road, as shown on Appendix “B” attached to Report PED22061, be DENIED on the following basis: (i) The proposal is not consistent with the L
Moved by Wilson, seconded by Partridge
Carried
(a) That Draft Plan of Subdivision Application 25T-202110, by Wilson West Development Corporation c/o Brandon Campbell, owner, to establish a Planning Committee April 25, 2022 Minutes 22-006 Page 7 of 33 Draft Plan of Subdivision on lands located at 179, 183, and 187 Wilson Street West (Ancaster), as shown on Appendix “A” attached to Report PED22081, be APPROVED subject to the following conditions: (i) That this approval applies to the Draft Plan of Subdivision Application 25T-202110 prepared by A. T. McLaren Limited and certified by S. Dan McLaren, O.L.S. dated July 7, 2021, consisting of two blocks (Blocks 1 and 2) subject to the owner entering into a Standard Form Subdivision Agreement as approved by City Council attached as Appendix “B” to Report PED22081; (ii) That the Special Conditions of Draft Plan of Subdivision Approval, 25T-202110, attached as REVISED Appendix “C” to Report PED22081, be received and endorsed by City Council; Waste Collection: 11. That prior to registration of the plan of subdivision, the owner / developer shall include in all offers of purchase and sale and lease or rental agreements warning clauses indicating that an assigned waste collection pad may be provided for Units 14, 15, 16, and 17 of Block 3, Units 18, 19, 20, 21 and 22 of Block 4, Unit 13 of Block 2 and Unit 23 of Block 5 (for unit and block reference please refer to Appendix “E” of PED22081). (iii) That payment of Cash-in-Lieu of Parkland be required, pursuant to Section 51 of the Plan
Moved by Ferguson, seconded by Pearson
Carried
(a) That Zoning By-law Amendment Application ZAC-20-044 by A.J. Clarke and Associates c/o Stephen Fraser, on behalf of 2713128 Ontario Inc. c/o Loan Nguyen and Kevin Poursina, Owner, for a change in zoning from the "AA" (Agricultural) District to the "RT-30/S-1817" (Street - Townhouse) District, Modified (Block 1) and from the “AA” (Agricultural) District to the "C/S-1817" (Urban Protected Residential, etc.) District, Modified, (Block 2), to permit the lands to be developed for six street townhouses and one single detached dwelling, on lands located at 525 Rymal Road West, as shown on Appendix “A” attached to Report PED22083, be APPROVED on the following basis: (i) That the draft By-law, attached as Appendix “B” attached to Report PED22083, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; (ii) That the proposed changes in zoning are consistent with the Provincial Policy Statement (2020), conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019, as amended) and comply with the Urban Hamilton Official Plan (UHOP); (b) That Draft Plan of Subdivision Application 25T-202010 by A.J. Clarke and Associates c/o Stephen Fraser, on behalf of 2713128 Ontario Inc. c/o Loan Nguyen and Kevin Poursina, Owner, to establish a Draft Plan of Subdivision on lands located at 525 Rymal Road West, as shown on Appendix “E” attached to Report PED22083, be APPROVED on the following basis: (i) That this approval applies to the Draft
Moved by Pearson, seconded by Wilson
Carried
(a) That Amended Zoning By-law Amendment Application ZAC-21-036 by Urban Solutions Planning and Land Development Consultants Inc. c/o Matt Johnston on behalf of Angros Enterprises Ltd. c/o Victor Fontana, owner, for a change in zoning from the "AA" (Agricultural) District and from the “C” (Urban Protected Residential, etc.) District to the "RT-30/S-1818" (Street - Townhouse) District, Modified, to permit the lands to be developed for nine street townhouses on lands located at 866 West 5 th Planning Committee April 25, 2022 Minutes 22-006 Page 10 of 33 Street, as shown as Blocks 1 and 2 on Appendix “A” attached to Report PED22090, be APPROVED on the following basis: (i) That the draft By-law, attached as Appendix “B” attached to Report PED22090, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; (ii) That the proposed changes in zoning are consistent with the Provincial Policy Statement (2020), conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019, as amended) and comply with the Urban Hamilton Official Plan (UHOP); (b) That upon finalization of the amending By-law, the subject lands be re- designated from “Single and Double” to “Attached Housing” in the Gourley Neighbourhood Plan. (c) That the public submissions regarding this matter were received and considered by the Committee in approving the application. Result: Main Motion, As Amended,
Moved by Danko, seconded by Pearson
Carried
That Report PED22037(a) respecting Status Update for Applications for Amendments to the Urban Hamilton Official Plan and Zoning By-law No. 05-200 for Lands Located at 442, 450, 454 and 462 Wilson Street East, be received. Result: Motion
Moved by Partridge, seconded by Ferguson
Carried
That the Demolition Control Area By-Law attached as Appendix “A” to Report PED22093, which repeals and replaces the existing Demolition Control Area By- Law No. 09-208 and its amending By-Law No. 13-185, be approved. Result: Motion
Moved by Partridge, seconded by Ferguson
Carried
(a) That Appendix 1 (Taxicab Tariff/Fares) of Schedule 25 (Taxi Cabs) of the Licensing By-law 07-170 be amended to identify that the first 71.4 meters or part thereof be set to $4.90; and, (b) That the draft By-law attached as Appendix “A” to Report PED22105 to amend the City of Hamilton’s By-Law 07-170 which has been prepared in a form satisfactory to the City Solicitor, be enacted. Result: Motion
Moved by Pearson, seconded by Farr
Carried
Planning Committee April 25, 2022 Minutes 22-006 Page 12 of 33 WHEREAS the owner has received conditional site plan approval and is currently working through site plan approvals; WHEREAS the owner has boarded up the vacant property but continues to have untoward activity at the property that is uninhabitable; and, WHEREAS it is not appropriate to pursue repair or restoration of this building as prescribed by the Property Standards By-law or maintain the property on the Vacant Building Registry and demolition is appropriate; THEREFORE, BE IT RESOLVED: That the Chief Building Official be authorized to issue a demolition permit for 73 and 77 Stone Church Road West and 1029 West 5th Street, Hamilton, in accordance with By-law 09-208, as amended by By-law 13-185, pursuant to Section 33 of the Planning Act, as amended, without having to comply with the conditions of section 6(a), (b), and (c) of the Demolition Control By-law 09-208. Result: Motion
Moved by Danko, seconded by Pearson
Carried
WHEREAS, the developer of the subject property has assumed a previously submitted application for a Zoning By-law Amendment and Draft Plan of Subdivision (File Nos. ZAC-18-048 / 25T-201809) to permit the development of a residential plan of subdivision for 17 single detached residential lots and a stormwater management pond; WHEREAS the subject properties on Hamilton Drive in Ancaster have homes and garages that have been vacant and boarded up for years; WHEREAS demolition permits are being requested to alleviate ongoing trespass and vandalism issues associated with these vacant structures while planning issues are being resolved; THEREFORE BE IT RESOLVED: Planning Committee April 25, 2022 Minutes 22-006 Page 13 of 33 That the Chief Building Official be authorized to issue a demotion permits for 387, 397, 405 and 409 Hamilton Drive, Ancaster, in accordance with By-law 09-208, as amended by By-law 13-185, pursuant to Section 33 of the Planning Act as amended, without having to comply with the conditions 6(a), (b), and (c) of the Demolition Control By-law 09-208. Result: Motion
Moved by Ferguson, seconded by Pearson
Carried
(a) That Report LS22014/PED22119 respecting Update on Recent Ontario Land Tribunal Decisions, be referred to the General Issues Committee; and, (b) That Report LS22014/PED22119 respecting Update on Recent Ontario Land Tribunal Decisions remain private and confidential. Result: Motion
Moved by Danko, seconded by Partridge
Carried
That the agenda for the April 25, 2022 Planning Committee meeting be approved, as amended. Result: Motion
Moved by Farr, seconded by Danko
Carried
That the Minutes of the April 5, 2022 meeting be approved, as presented. Result: Motion
Moved by Farr, seconded by Danko
Carried
That the following Delegation Requests be approved: 6.1 Amanda Stewart respecting Day Cares and Zoning By-Law Separation Requirements, to be heard before Item 9.2. 6.2 Bob Maton, Ancaster Village Heritage Community, respecting Revisions to the Demolition By-law (Item 10.2), to be heard before Item 9.2. Result: Motion
Moved by Partridge, seconded by Pearson
Carried
That the delegation from Luca Giuliano respecting the 12 Hour Parking Rule, be received. Result: Motion
Moved by Farr, seconded by Pearson
Carried
WHEREAS, the 12 Hour Time Limit Parking Regulation has at least been in place since 2001 in all areas of City inclusive of Ancaster, Dundas, Flamborough, Glanbrook, Hamilton, and Stoney Creek. WHEREAS, divisions within Public Works rely on the 12 Hour Time Limit Parking Regulation in order to facilitate public works functions such as but not limited to snow removal, road maintenance, etc. WHEREAS, residents have historically relied on the 12 Hour Time Limit Parking Regulation for on street turnover intended for equal access to on street parking and to prevent vehicles from being stored/abandoned on the street. WHEREAS, COVID 19 has put pressure on street parking availability due to residential dynamics in relation to the 12 Hour Time Limit Parking Regulation. Whereas the 12 hour Time limit creates challenges for people working on extended work shifts and work and hybrid work models. Planning Committee April 25, 2022 Minutes 22-006 Page 17 of 33 THEREFORE, BE IT RESOLVED: That staff be directed report back to Planning Committee with a review of the 12 Hour Parking Regulation and options for potential modifications. Result: Motion
Moved by Farr, seconded by Wilson
Carried
That the delegation from Amanda Stewart respecting Day Cares and Zoning By-law Separation Requirements, be received. Result: Motion
Moved by Danko, seconded by Partridge
Carried
That the delegation from Bob Maton, Ancaster Village Heritage Community, respecting Revisions to the Demolition By-law (Item 10.2), be received. Result: Motion
Moved by Farr, seconded by Partridge
Carried
That the staff presentation be waived. Result: Motion
Moved by Pearson, seconded by Wilson
Carried
That the delegation from Steve Fraser with AJ Clarke & Associates, be received. Result: Motion
Moved by Pearson, seconded by Partridge
Carried
That the written submissions in the staff report be received. Result: Motion
Moved by Pearson, seconded by Partridge
Carried
That the public meeting be closed. Result: Motion
Moved by Pearson, seconded by Partridge
Carried
Planning Committee April 25, 2022 Minutes 22-006 Page 21 of 33 That the recommendations in Report PED22061 be amended by adding the following sub-section (c): (c) That the public submissions were received and considered by the Committee in denying the application. Result: Amendment
Moved by Wilson, seconded by Partridge
Carried
That the staff presentation be received. Result: Motion
Moved by Pearson, seconded by Wilson
Carried
That the delegation from Katelyn Gillis with T. Johns Consulting, be received. Planning Committee April 25, 2022 Minutes 22-006 Page 22 of 33 Result: Motion
Moved by Farr, seconded by Pearson
Carried
That Appendix “C” to Report PED22081 be amended by adding Condition 11, as follows: Waste Collection: 11. That prior to registration of the plan of subdivision, the owner / developer shall include in all offers of purchase and sale and lease or rental agreements warning clauses indicating that an assigned waste collection pad may be provided for Units 14, 15, 16, and 17 of Block 3, Units 18, 19, 20, 21 and 22 of Block 4, Unit 13 of Block 2 and Unit 23 of Block 5 (for unit and block reference please refer to Appendix “E” of PED22081). Result: Amendment
Moved by Ferguson, seconded by Pearson
Carried
That the recommendations in Report PED22081 be amended by adding the following sub-section (b): (b) That the public submissions regarding this matter were received and considered by the Committee in approving the application. Result: Amendment
Moved by Ferguson, seconded by Pearson
Carried
That the delegation from Ryan Ferrari and Steve Fraser with AJ Clarke & Associates, be received. Planning Committee April 25, 2022 Minutes 22-006 Page 25 of 33 Result: Motion
Moved by Pearson, seconded by Wilson
Carried
That the following written submission (Added Item 9.4(a)), be received: (i) John Huizing, with concerns regarding the application. Result: Motion
Moved by Pearson, seconded by Wilson
Carried
That the recommendations in Report PED22083 be amended by adding the following sub-section (d): (d) That the public submissions regarding this matter were received and considered by the Committee in approving the application. Result: Amendment
Moved by Pearson, seconded by Wilson
Carried
That the delegation from Matt Johnston with Urban Solutions, be received. Result: Motion
Moved by Danko, seconded by Wilson
Carried
That the following written submissions (Added Item 9.5(a)), be received: (i) Josephine Poon, in Opposition to the application. Result: Motion
Moved by Danko, seconded by Pearson
Carried
That the following delegations be received. (i) Bruce Black (ii) Kimberley MacLean (iii) Randy Chapple Planning Committee April 25, 2022 Minutes 22-006 Page 29 of 33 Result: Motion
Moved by Danko, seconded by Pearson
Carried
That the recommendations in Report PED22090 be amended by adding the following sub-section (c): (c) That the public submissions regarding this matter were received and considered by the Committee in approving the application. Result: Amendment
Moved by Danko, seconded by Pearson
Carried
That the Committee recess from 12:32 p.m. until 1:00 p.m. Result: Motion
Moved by Wilson, seconded by Partridge
Carried
That the presentation from Alissa Golden, Heritage Projects Specialist, respecting Demolition Control and Heritage, be received. Planning Committee April 25, 2022 Minutes 22-006 Page 31 of 33 Result: Motion
Moved by Partridge, seconded by Partridge
Carried
That Committee move into Closed Session respecting Item 14.1 pursuant to Section 9.1, 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 City; the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, to 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
Moved by Pearson, seconded by Danko
Carried
That there being no further business, the Planning Committee be adjourned at 2:54 p.m. Result: Motion