Planning Committee

That approval be given to Official Plan Amendment No. XX to the Urban Hamilton Official Plan (UHOP) (CI-16-A) to amend policies, schedules and maps, to implement revised mapping and policies for the Parent Plan contained in Volume 1, Secondary Plans contained in Volume 2 and Area and Site Specifics of Volume 3 of the UHOP, on the following basis: (a) That the draft Official Plan Amendment (OPA), attached as Appendix “A” to Report PED16060(a), be adopted by Council; (b) That the proposed Official Plan Amendment is consistent with the Provincial Policy Statement (PPS) 2014 and conforms to the Growth Plan for the Greater Golden Horseshoe.

That Report PED16137 respecting Rabies Update – Animal Services be received.

(a) That the City Solicitor be authorized to retain such External Consultants as may be necessary to provide expert advice and evidence to the Ontario Municipal Board respecting the applicant/owner’s appeal to the Ontario Municipal Board of Council’s refusal to pass a Zoning By-Law Amendment for a change in zoning from the “B” (Suburban Agriculture and Residential, etc.) District to the “DE-3/S-1721” (Multiple Dwellings) District, Modified, for lands know as 449 Stone Church Road West (Ward 8); (b) That the amount required to retain any such external consultants be funded through the Tax Stabilization Reserve, account 110046.

That approval be given to Redline Revised Draft Plan of Condominium Application 25CDM-201514, by WEBB Planning Consultants Inc., on behalf of Losani Homes (1998) Limited, to establish a Draft Plan of Condominium (Common Elements Condominium) to create a condominium road, sidewalks, landscaped areas, visitor parking areas and centralized mailboxes in favour of 70 townhouse dwelling units, on lands located at 35 John Fredrick Drive (Ancaster), as shown on Appendix “A” to Report PED16128, subject to the following conditions: (a) That this approval for Draft Plan of Condominium (Common Elements) Application 25CDM-201514 applies to the plan prepared by A.T. McLaren Limited, certified by S. D. McLaren, and dated April 23, 2015, consisting of a common element road, sidewalks, landscaped areas, visitor parking areas and centralized mailboxes, attached as Appendix “B” to Report PED16128; and, (b) That the conditions of Draft Plan of Condominium Approval 25CDM- 201514 attached as Appendix “D” to Report PED16128, be approved by City Council.

(a) That approval be given to Urban Hamilton Official Plan Amendment Application UHOPA-16-005, by Empire Communities (Binbrook) Ltd., to amend the Urban Hamilton Official Plan (UHOP) in order to establish a site specific policy within the Binbrook Village Secondary Plan to permit single detached dwellings within the "Low Density Residential 2h" designation, at the rear of 3385 Binbrook Road (Glanbrook), as shown on Appendix “A” to Report PED16134, on the following basis: (i) That the draft Official Plan Amendment, attached as Appendix “B” to Report PED16134, be adopted by City Council; and, (ii) That the proposed Official Plan Amendment is consistent with the Provincial Policy Statement (2014), and conforms to the Growth Plan for the Greater Golden Horseshoe (Places to Grow). (b) That approval be given to Zoning By-law Amendment Application ZAR-15- 057, by Empire Communities (Binbrook) Ltd., for a change in Zoning from the Restricted Agricultural “A2” Zone to the Residential “R4-294” Zone, Modified, with a Special Exception, in order to permit four lots for single detached dwellings, for lands located at the rear of 3385 Binbrook Road, Glanbrook (as shown on Appendix “A” to Report PED16134) on the following basis: (i) That the draft By-law, attached as Appendix “C” to Report PED16134, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; (ii) That the proposed change in zoning is consistent with the Provincial Policy Statement (2014

(a) That approval be given to amended Zoning Application ZAC-12-062R by Springbrook West Developments Inc., 1356719 Ontario Ltd., Emidio and Planning Committee June 14, 2016 Minutes 16-012 Page 4 of 12 Maria Casimirri, and 2178368 Ontario Inc., Owners, for changes in zoning from the Agricultural “A” Zone to the Residential “R4-563” Zone, Modified (Block 1); from the Agricultural “A” Zone to the Residential “R4-562” Zone, Modified (Blocks 2 & 3); from the Agricultural – Holding “H-A-654” Zone, Modified to the Residential “R4-562” Zone, Modified (Block 4); from the Agricultural – Holding “H-A-654” Zone to the Residential “R4-563” Zone, Modified (Block 5); from the Residential – Holding “H-R4-548” Zone, Modified to the Residential “R4-562” Zone, Modified (Blocks 6 & 8); and, from the Residential – Holding “H-R4-548” Zone, Modified to the Residential “R4-563” Zone, Modified (Block 7) for the lands known as 388 – 476 Springbrook Avenue, as shown on Appendix “A” to Report PED16135, on the following basis: (i) That the draft By-law, attached as Appendix “B” to Report PED16135, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; and, (ii) That the proposed changes in zoning are consistent with the Provincial Policy Statement (2014), conform to the Growth Plan for the Greater Golden Horseshoe (Places to Grow), and comply with the Urban Hamilton Official Plan. (b) That approval be given to Revised Draft Plan of Subdivision Application 25T-2

WHEREAS, the lands located at 41 Concession 5 East have received Conditional Site Plan Approval (SPA-15-146) for an addition to the Flamborough Baptist Church, which includes a parking area; WHEREAS, Zoning By-law No. 05-200 requires a parking lot (5 or more parking spaces) to be asphalt or other hard surface; and WHEREAS, the Conservation Authority will not approve a paved parking lot for the church as they require a permeable surface; THEREFORE, BE IT RESOVED: That staff be directed to waive the City of Hamilton fee for the required Minor Variance application to permit a parking area consisting of gravel for the lands located at 41 Concession 5 East.

WHEREAS, at the time of adoption of the West Mountain Green Secondary Plan (1989), the closure of First Road West south of Mud Street was anticipated and a policy was put in place recognizing the need for traffic analysis prior to any closure; WHEREAS, to date, no studies have taken place indicating the need to close the road and there are no plans in place to close First Road West; and WHEREAS, a Municipal Class Environmental Assessment would be required to justify a closure and no closure would take place without Council approval; THEREFORE BE IT RESOLVED: (a) That First Road West south of Mud Street remain open; (b) That as part of the next Five-year Review and update of the Urban Hamilton Official Plan, staff be directed to remove the policy reference to the closure of First Road West south of Mud Street in the West Mountain Heritage Green Secondary Plan (UHOP Volume 2, Policy B.2.6.7.2).

WHEREAS, there are on-going, significant problems associated with the large number of illegal businesses operating on agricultural lands in Ward 11 (Glanbrook); WHEREAS, illegal businesses operate with unfair advantages over legal businesses including, but not limited to the fact that they do not pay the same property taxes; and WHEREAS, a concentrated, proactive enforcement effort and a unique enforcement skill set is required to address the significant problem of illegal businesses operating on agricultural lands in Ward 11 (Glanbrook); THEREFORE, BE IT RESOLVED: (a) That staff be directed to undertake an 18 month pilot program, including hiring a temporary Zoning Enforcement Officer to proactively enforce illegal businesses in the agricultural areas of Ward 11 (Glanbrook); Planning Committee June 14, 2016 Minutes 16-012 Page 7 of 12 (b) That the cost of the 18 month pilot (estimated to be $170,000 for employee related expenses and a vehicle) be funded as follows: (i) $145,000 in employee related expenses from the Tax Stabilization Reserve; (ii) $25,000 for a one-time vehicle cost from unallocated capital; (c) That staff be directed to report back with terms of reference including key performance measures and expectations before initiating the pilot program. Amendment

That the agenda for the June 14, 2016 meeting be approved as amended.

That the Minutes of the May 31, 2016 meeting be approved.

That the staff presentation be waived.

That the public meeting be closed.

That the added written comments Item 6.3(i) be received.

That the amendments to the Special Conditions of the Subdivision Agreement be approved. Amendment

That the motion be amended by removing all references to Glanbrook as follows: Re: Illegal Businesses in Agricultural Areas of Ward 11 (Glanbrook) WHEREAS, there are on-going, significant problems associated with the large number of illegal businesses operating on agricultural lands in Ward 11 (Glanbrook); WHEREAS, illegal businesses operate with unfair advantages over legal businesses including, but not limited to the fact that they do not pay the same property taxes; and WHEREAS, a concentrated, proactive enforcement effort and a unique enforcement skill set is required to address the significant problem of illegal business operating on agricultural lands in Ward 11 (Glanbrook); THEREFORE, BE IT RESOLVED: (a) That staff be directed to undertake an 18 month pilot program, including hiring a temporary Zoning Enforcement Officer to proactively enforce illegal businesses in the agricultural areas of Ward 11 (Glanbrook); (b) That the cost of the 18 month pilot (estimated to be $170,000 for employee related expenses and a vehicle) be funded as follows: (i) $145,000 in employee related expenses from the Tax Stabilization Reserve; (ii) $25,000 for a one-time vehicle cost from unallocated capital; (c) That staff be directed to report back with terms of reference including key performance measures and expectations before initiating the pilot program.

That the following new due date be approved: Item “EE” - Staff to report back with periodic updates regarding progress on capturing illegal businesses and increasing licensed businesses. Due Date: June 14, 2016 New due date: December 5, 2017

There being no further business, that the Planning Committee be adjourned at 10:22 a.m.