Planning Committee

That report PED24067 respecting Active Official Plan Amendment, Zoning By- law Amendment, and Plan of Subdivision Applications, be received. Result: Motion

(a) That Zoning By-law Amendment Application ZAC-23-023 by GSP Group Inc. (c/o Brenda Khes) on behalf of Barton Street Development Inc. (c/o Rajan Banwait), Owner, for a change in zoning from the “JJ” (Restricted Light Industrial) District to the Transit Oriented Corridor Mixed Use High Density (TOC4, 899, H174) Zone, to permit the development of a 17 storey mixed use building consisting of 207 dwelling units, 473.2 square metres of commercial gross floor area and 176 parking spaces, for lands located at 2481 Barton Street East, as shown on Appendix “A” attached to Report PED24096, be APPROVED on the following basis: (i) That the draft By-law, as amended, attached as Appendix “B” to Report PED24096, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; 3(e) That no development within the subject site can proceed until the City completes the design and construction of the Battlefield Trunk Sewer twinning, unless it is confirmed that there is capacity available in the existing Battlefield Sanitary Trunk to accommodate the proposed development, to the satisfaction of the Director of Development Engineering; (ii) That the proposed change in zoning is consistent with the Provincial Policy Statement (2020), conforms to A Place to Grow; Growth Plan for the Greater Golden Horseshoe (2019, as amended), and complies with the Urban Hamilton Official Plan and Centennial Neighbourhoods Secondary Plan; (iii) That the amending By-law apply the Hol

(a) That Official Plan Amendment Application UHOPA-23-014, by IBI Group (c/o Jared Marcus), on behalf of 1970752 Ontario Inc., Owner, to redesignate the subject lands from “Neighbourhoods” to “Mixed Use - Medium Density” in the Urban Hamilton Official Plan and from “Local Commercial” to “Mixed Use - Medium Density” in the Old Town Secondary Plan, with a Site Specific Policy to permit the development of a 12-storey mixed use building consisting of 124 residential units, 190 square metres of commercial and 124 parking spaces, for the lands located at 118 King Street West, as shown on Appendix “A” attached to Report PED24069, be APPROVED on the following basis: (i) That the draft Official Plan Amendment, attached as Appendix “B” to Report PED24069, be adopted by City Council; Planning Committee June 18, 2024 Minutes 24-009 Page 5 of 51 (ii) That the proposed Official Plan Amendment is consistent with the Provincial Policy Statement (2020) and conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019, as amended). (b) That Zoning By-law Amendment Application ZAC-23-031, by IBI Group (c/o Jared Marcus), on behalf of 1970752 Ontario Inc., Owner, for a change in zoning from the Community Commercial (C3, 579) Zone to the Mixed Use Medium Density (C5, 893, H170) Zone, to permit a 12-storey mixed use building consisting of 124 residential units, 190 square metres of commercial and 124 parking spaces (74 underground spaces, 14 covered parking spaces at grade and 36

(a) That Amended Zoning By-law Amendment Application ZAC-23-015, by UrbanSolutions Planning & Land Development Consultants Inc. c/o Matt Johnston on behalf of Wellington Square Apts., owner, for a change in zoning from the “E-2/S-6” (Multiple Dwellings) District, Modified, to the Transit Oriented Corridor Multiple Residential (TOC3, 879) Zone, to permit the development of an 11 storey multiple dwelling with 161 residential units and 381 parking spaces on lands located at 150 Mohawk Road East, Hamilton, as shown on Appendix “A” attached to Report PED24063, be APPROVED on the following basis: (i) That the draft By-law, as amended, attached as Appendix “B” to Report PED24063, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; i) Building Setback Minimum 2.5 metres, except 13.5 from a Street Line metres for a portion of a building greater than 12.5 13.5 metres in height. ii) Minimum Rear 5.0 metres, except 16.0 metres for a Yard portion of a building greater than 7.0 8.0 metres in height and 30.0 metres for a portion of a building greater than Planning Committee June 18, 2024 Minutes 24-009 Page 8 of 51 12.5 13.5 metres in height and 2.0 metres for a stairwell. iii) Minimum Interior 7.5 metres, except 32.0 metres for a Side Yard portion of a building greater than 7.0 8.0 metres in height and 3.0 metres for a stairwell. iv) Maximum Building 35.0 36.0 metres. Height (ii) That the proposed change in zoning is consistent with the Provinc

(a) That Amended Official Plan Amendment Application UHOPA-22-016, by Bousfields Inc. (c/o Anna Wynveen) on behalf of Medallion Developments (c/o Luka Kot), Owner, to establish a Site Specific Policy to permit local commercial uses to front onto and have access to a local road and to permit a principal entrance of a new local commercial use to face a local road, for lands located at 399 Greenhill Avenue, as shown on Appendix “A” attached to Report PED24093, be APPROVED on the following basis: Planning Committee June 18, 2024 Minutes 24-009 Page 9 of 51 (i) That the draft Official Plan Amendment, attached as Appendix “B” to Report PED24093, be adopted by City Council; (ii) That the proposed Official Plan Amendment is consistent with the Provincial Policy Statement (2020) and conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019, as amended); (b) That Amended Zoning By-law Amendment Application ZAC-22-030, by Bousfields Inc. (c/o Anna Wynveen) on behalf of Medallion Developments (c/o Luka Kot), Owner, for a change in zoning from the Community Commercial (C3) Zone to the Mixed Use Medium Density (C5, 897, H172) Zone, to permit 553 multiple dwelling units and 975 square metres of commercial gross floor area within four buildings including two 12 storey buildings and two four storey buildings, along with 502 parking spaces, for lands located at 399 Greenhill Avenue, as shown on Appendix “A” attached to Report PED24093, be APPROVED on the following basis:

(a) That the Urban Hamilton Official Plan Amendment, attached as Appendix “A” to Report PED22091(a), to revise policies establishing limitations to conversions and demolitions of rental housing, be approved, in accordance with the requirements of the Planning Act on the following basis: (i) That the draft Urban Hamilton Official Plan Amendment, attached as Appendix “A” to Report PED22091(a), which has been prepared in a form satisfactory to the City Solicitor, be held in abeyance until Planning Committee June 18, 2024 Minutes 24-009 Page 12 of 51 the date that the Rental Housing Protection By-law comes into effect, being January 1, 2025; (b) That the City of Hamilton Official Plan Amendment (West Harbour Secondary Plan area), attached as Appendix “J” to Report PED22091(a), to establish policies for conversions and demolitions of rental housing consistent with the Urban Hamilton Official Plan, be approved, in accordance with the requirements of the Planning Act on the following basis: (i) That the draft City of Hamilton Official Plan Amendment, attached as Appendix “J” to Report PED22091(a), which has been prepared in a form satisfactory to the City Solicitor, be held in abeyance until the date that the Rental Housing Protection By-law comes into effect, being January 1, 2025; (c) That the Rental Housing Protection By-law, attached as Appendix “B” to Report PED22091(a), prepared under the authority of the Municipal Act, be enacted, with an effective date of January 1, 2025; (d

(a) That approval be given to Official Plan Amendment No. XX to the Urban Hamilton Official Plan Amendment, Official Plan Amendment No. XX to the Rural Hamilton Official Plan and Official Plan Amendment No. XX to the former City of Hamilton Official Plan (CI-23-O) to amend the Parkland policies to reflect the recommendations of the Parks Master Plan and to ensure consistency with the Planning Act, 1990 as amended by Bill 23, on the following basis: (i) That the Draft Urban Hamilton Official Plan Amendment, attached as Appendix “A” to Report PED24060, be adopted by Council; (ii) That the Draft Rural Hamilton Official Plan, attached as Appendix “B” to Report PED24060, be adopted by Council; (iii) That the Draft City of Hamilton Official Plan, attached as Appendix ‘C” to Report PED24060, be adopted by Council; Planning Committee June 18, 2024 Minutes 24-009 Page 15 of 51 (iv) That Council direct staff to update the Parkland Dedication By-law to reflect the changes to the Planning Act. Result: Motion

(a) That the amending by-law to the Administrative Penalties (APS) By-law No. 17-225 to incorporate various offences contained within the Property Standards By-law No. 23-162, Vital Services By-law No. 23-161, Safe Apartment Buildings By-law No. 24-054, Renovation Licence and Relocation By-law No. 24-055 and Schedule 32 (Short-term Rentals) of the Licensing By-law No. 07-170, as described in Report PED24091 and attached as Appendix “A” to Report PED24091, be approved. Result: Motion

(a) That the five Notices of Objection to the Notice of Intention to Designate 84 York Boulevard, Hamilton, under Part IV of the Ontario Heritage Act, attached as Appendices “A” through “E” to Report PED24077, be received; (b) That Council does not withdraw the Notice of Intention to Designate 84 York Boulevard, Hamilton, under Part IV of the Ontario Heritage Act; (c) That the draft By-law to designate 84 York Boulevard, Hamilton under Part IV of the Ontario Heritage Act, attached as Appendix “F” to Report PED24077, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council. Result: Motion

(a) That the “Hamilton Biodiversity Action Plan”, attached as Appendix “A” to Report PED21065(d)/PW24040, be approved as the guiding document for City of Hamilton actions to improve biodiversity across all communities in the City; (b) That the Consultation Summary Report, attached as Appendix “B” to Report PED21065(d)/PW24040, be received; Planning Committee June 18, 2024 Minutes 24-009 Page 17 of 51 (c) That the Planning and Economic Development Department Biodiversity Action Plan Resourcing Plan, attached as Appendix “C” to Report PED21065(d) /PW24040, be received, and that implementation of actions requiring financial resources be referred to future departmental budget requests, as necessary in accordance with the anticipated timeframes for initiation; (d) That the Planning Division staff complement be increased by 1 Full Time Equivalent position to support the implementation of actions outlined in the Planning and Economic Department Biodiversity Action Plan Resourcing Plan, attached as Appendix “C” to PED21065(d)/PW24040, as well as other natural heritage policy related special projects, and that financial requirements associated with this new position be referred to the 2025 budget process; (e) That the Public Works Department Biodiversity Action Plan Resourcing Plan, attached as Appendix “D” to PED21065(d)/PW24040, be received, and that implementation of actions requiring financial resources be referred to future departmental budget requests, as necessary in accordance

(a) That legal staff file an appeal of Committee of Adjustment lot severance and variance approvals for 14 Belvidere Avenue (HM/B-22:133 and A- 24:93), on the basis of the following reasons, and report back to Planning Committee on the status of the appeal: (i) Reliance on shared access easement roadway for the creation of new lots. (ii) Non-compliance with City policy for new lot creation without direct access to a public roadway. (iii) Non-compliance with City policy for private waste collection. (iv) Inadequate consideration of staff recommendation to defer a decision due to environmental protections including tree protection and proximity to the mountain brow. (v) Inadequate consideration of proposed development details including lot coverage, landscape area and parking layout. Result: Motion

(a) That the directions to staff in Closed Session respecting Report LS23031(a) be approved; (b) That closed session recommendations (a), (b), and (c) to Report LS23031(a) 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 LS23031(a) remain confidential. Result: Motion

Planning Committee June 18, 2024 Minutes 24-009 Page 20 of 51 (a) That the directions to staff in closed session respecting Report LS24014, be approved; (b) That the directions to staff in closed session respecting Report LS24014 be released to the public, following approval by Council; and, (c) That the balance of Report LS24014, including Appendix “A”, remain confidential. Result: Motion

That the agenda for the June 18, 2024, Planning Committee meeting be approved, as amended. Result: Motion

That the Minutes of the June 4, 2024 meeting be approved, as presented. Planning Committee June 18, 2024 Minutes 24-009 Page 24 of 51 Result: Motion

That the following communication item, be approved as follows: Correspondence from Vanessa Scali respecting Hamilton's Biodiversity Action Plan (Item 11.3) (Added Item 5.1) Recommendation: Be received and referred to the consideration of Item 11.3. Result: Motion

That the following Delegation Requests (Items 6.1 and 6.2), be approved for today’s meeting: (a) Delegation Requests respecting the Biodiversity Action Plan (Item 11.5) (Item 6.1) (1) Brian McHattie (in-person) (Item 6.1 (i)) (2) Peter Appleton (virtual) (Item 6.1 (ii)) (3) Jen Baker, Hamilton Naturalists Club (in-person) (Added Item 6.1 (iii)) (4) Tys Theysmeyer, Royal Botanical Gardens Canada (in- person) (Added Item 6.1 (iii)) (b) Delegations respecting 84 York Boulevard (Item 11.2) (Item 6.2) (1) Russell Bartlett (in-person) (Item 6.2) (i)) (2) David Falletta, Bousfields Inc. (in-person) (Added Item 6.2 (ii)) Result: Motion

That Tys Theysmeyer, Royal Botanical Gardens Canada, be provided with an additional 10 minutes to complete their delegation. Result: Motion

That the following Delegations respecting the Biodiversity Action Plan (Item 11.5) (Item 7.1), be received: (1) Brian McHattie (Added Item 7.1 (i)) (2) Peter Appleton (Added Item 7.1 (ii)) (3) Jen Baker, Hamilton Naturalists Club (Added Item 7.1 (iii)) (4) Tys Theysmeyer, Royal Botanical Gardens Canada (Added Item 7.1 (iii)) Result: Motion

That the following Delegations respecting 84 York Boulevard (Item 11.2) (Item 7.2), be received: (1) Russell Bartlett (Added Item 7.2) (i)) (2) David Falletta, Bousfields Inc. (Added Item 7.2 (ii)) Result: Motion

That the staff presentation be waived. Result: Motion

That the presentation from Brenda Khes with GSP Group, 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 Appendix “B”, sub-section 3(e) in Report PED24096 be amended by adding wording, as follows: (e) Amendment from Agent: Appendix B, 3 (e): (e) That no development within the subject site can proceed until the City completes the design and construction of the Battlefield Trunk Sewer twinning, unless it is confirmed that there is capacity available in the existing Battlefield Sanitary Trunk to accommodate the proposed development, to the satisfaction of the Director of Development Engineering; Result: Amendment

That the presentation from Jared Marcus with Arcadis Inc., be received. Result: Motion

(a) That the following public submission regarding this matter was received and considered by the Committee: (i) Pauline Roberts (Added Item 10.2 (b)(i)) – Opposed to the proposal Planning Committee June 18, 2024 Minutes 24-009 Page 34 of 51 (b) That the public meeting be closed. Result: Motion

Planning Committee June 18, 2024 Minutes 24-009 Page 35 of 51 That the presentation from Matthew LeBlanc with UrbanSolutions Planning & Land Development Consultants Inc., be received. Result: Motion

(a) That the following public submissions regarding this matter were received and considered by the Committee: (1) Delegations: (i) Barbara Miller (Added Item 10.3 (c)(i)) – Concerns with the proposal (ii) Lynda Yorkston (Added Item 10.3 (c)(ii)) – Concerns with the proposal (2) Written Submissions: (i) Mark McGinty (Added Item 10.3 (b)(i)) – Opposed to the proposal Planning Committee June 18, 2024 Minutes 24-009 Page 36 of 51 (ii) Darlene Prestayko (Added Item 10.3 (b)(ii)) – Concerns with the propsoal (iii) Grace Spadano (Added Item 10.3 (b)(iii) – Opposed to the proposal (b) That the public meeting be closed. Result: Motion

That Appendix “B”, sub-section 2(f) to Report PED24063, be amended as follows: i) Building Setback from a Minimum 2.5 metres, except 13.5 Street Line metres for a portion of a building greater than 12.5 13.5 metres in height. ii) Minimum Rear Yard 5.0 metres, except 16.0 metres for a portion of a building greater than 7.0 8.0 metres in height and 30.0 metres for a portion of a building greater than 12.5 13.5 metres in height and 2.0 metres for a stairwell. iii) Minimum Interior Side 7.5 metres, except 32.0 metres for a Yard portion of a building greater than 7.0 8.0 metres in height and 3.0 metres for a stairwell. iv) Maximum Building 35.0 36.0 metres. Height Result: Amendment

That the staff presentation be received. Result: Motion

That the presentation from Anna Wyveen with Bousfields Inc., be received. Result: Motion

(a) That the following public submissions regarding this matter were received and considered by the Committee: (i) Delegations: (1) Fayne Downie– Opposed (Item 10.4(a)(i)) (2) Mary Sodergard – Opposed (Added Item 10.4 (a)(ii)) (3) Lorene Ross- Opposed (Added Item 10.4 (a)(iii)) (4) Richard Groff - Opposed (Added Item 10.4 (a)(iv)) (ii) Written Submissions: (1) Danka Gates - Opposed (Item 10.1(b)(i)) (2) Michelle Wiatrowski – Concerns with the proposal (Item 10.1(b)(ii)) (3) Sandra Willett - Opposed (Item 10.1(b)(iii)) (4) Lorene Knowles - Opposed (Item 10.1(b)(iv)) (5) Rick Dobrucki – Concerns with the proposal (Item 10.1(b)(v)) (6) Mike Cadieux - Opposed (Item 10.1(b)(vi)) (7) Colleen Long – Concerns with the proposal (Item 10.1(b)(vii)) (8) Mary Sodergard - Opposed (Item 10.1(b)(viii)) (b) That the public meeting be closed. Result: Motion

That Report PED24093, sub-section (b)(3) and Holding Provision ‘H172’ in Appendix “C” be amended by adding a new sub-section 6, as follows: (6) That the owner submit and receive approval of an updated Transportation Impact Study, prepared by a qualified Professional Traffic Engineer, to the satisfaction of the Director of Transportation Planning and Parking. Result: Amendment

That Appendix “C” to Report PED24093 be amended to include the following wording: Notwithstanding the definition of Amenity Area, a dog park shall not be permitted. The above Amendment was

That the Committee recess from 1:45 p.m. to 2:15 p.m. Result: Motion

(a) That the following public submissions regarding this matter were received and considered by the Committee: (1) Registered Delegations: (i) Damien Ash, ACORN (virtual) (ii) Christine Neale, ACORN (in-person) (iii) Karl Andrus (in-person) (iv) Katie King (virtual) (vi) Gordon Smyth, ACORN (in-person) (vii) Pauline Roberts, ACORN (in-person) (ix) Esther Stam (pre-recorded) (x) Kier Williamson (pre-recorded) (xi) Susan McArthur (pre-recorded) (xii) Merima Menzildzic (virtual) (2) Written Submissions: Planning Committee June 18, 2024 Minutes 24-009 Page 46 of 51 (i) Larissa Rickli, ACORN (ii) Kayla Leet, ACORN (iii) Rhonda Coleman, ACORN (iv) ACORN, Hamilton (v) Terry MacBride (vi) Mervyn Shurland, ACORN (vii) Shelly Taylor, ACORN (viii) Souma Khilsa, ACORN (ix) Althea Samuel, ACORN (x) Rebecca Thomas, ACORN (xi) Linda Boos, ACORN (b) That the public meeting be closed. Result: Motion

(i) That there were no public submissions received regarding this matter; and, (ii) That the public meeting be closed. Result: Motion

That the presentation from Lauren Vraets, Senior Planner, Melanie Pham, Program Lead, Community Planning, and Kasey Livingston, Senior Program Coordinator addressed the Committee, respecting Hamilton's Biodiversity Action Plan, be received. Result: Motion

That the Rules of Order be waived to allow for the introduction of a Motion respecting Appeal of Committee of Adjustment Decision respecting 14 Belvidere Avenue. Result: Motion

That Committee move into Closed Session for Item 15.1 and 15.2 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 the Planning Committee meeting of June 18, 2024, be extended past the 5:30 p.m. curfew, to 6:00 p.m. Result: Motion

That there being no further business, the Planning Committee be adjourned at 5:52 p.m. Result: Motion