Planning Committee

That report PED24040 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-18-056, by A.J Clarke and Associates (c/o Ryan Ferrari), on behalf of Active Custom Home Design Construction Ltd. (c/o Gary Sangha), Owner, for a change in zoning from the Residential “R3” Zone to the Multiple Residential “RM4- 717” Zone, Modified, in Ancaster Zoning By-law No. 87-57, to permit 24 block townhouse dwellings on a private condominium road, on lands located at 26 Southcote Road, as shown on Appendix “A” attached to Report PED24027, be APPROVED on the following basis: (i) That the draft By-law attached as Appendix “B” to Report PED24027, 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 (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. (b) That Revised Zoning By-law Amendment Application ZAC-18-056, by A.J Clarke and Associates (c/o Ryan Ferrari), on behalf of Active Custom Home Design Construction Ltd. (c/o Gary Sangha), Owner, for a change in zoning from the Residential “R3” Zone to the Low Density Residential (R1) Zone, Low Density Residential (R1, 885) Zone and Low Density Residential (R1, 886) Zone in Hamilton Zoning By-law No. 05-200, to permit the development of four lots for single detached dwellings, on lands located at 26 Southcote Road, as shown on Appendix “A” attach

(a) That Revised Zoning By-law Amendment Application ZAC-24-003 by Arcadis Inc. c/o Ritee Haider on behalf of 1000072010 Ontario Inc., owner, for a change in zoning from Agricultural “A” Zone to Low Density Residential (R1, 888, H166) Zone, to permit the creation of six lots, which include two single detached dwellings and four semi detached dwelling units, for lands located at 237 Springbrook Avenue, as shown on Appendix “A” attached to Report PED24042, be APPROVED on the following basis: (i) That the draft By-law, attached as Appendix “B” to Report PED24042, 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 Low Density Residential (R1, 888, H166) Zone: The Holding Provision ’H’ is to be removed, conditional upon: (1) The Owner submitting the letter from the Ministry of Citizenship and Multiculturalism with respect to acknowledgement of Provincial interest with respect to the Archaeological Assessment, to the satisfaction of the Director of Heritage and Urban Design; (2) The Owner submitting and receiving approval of a Tree Protection Plan (and applicable review fee) to evaluate the retention of additional trees on the subject lands, to the satisfaction of the Director of Heritage and Urban Design; (3) The Owner making payment, at the applicable

(a) That City Initiative CI 24-A respecting amendments to the Urban Hamilton Official Plan to establish a policy within Volume 2 applying to secondary plans to allow certain Low Density Residential policies of Volume 1 to take precedence over certain Low Density Residential policies in secondary plans for the purposes of permitted density ranges, built form, and height be APPROVED on the following basis: Planning Committee February 23, 2024 Minutes 24-003 Page 6 of 40 (i) That the Urban Hamilton Official Plan Amendment, attached as Appendix “A” to Report PED22154(a), be adopted by Council; (ii) That the proposed amendments to the Urban Hamilton Official Plan are consistent with the Provincial Policy Statement (2020), conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019, as amended; (b) That City Initiative CI 24-A respecting amendments to the Low Density Residential Zones in Zoning By-law No. 05-200 to implement Urban Hamilton Official Plan Amendment No.167 to add lands from the former Community Zoning By-laws to Zoning By-law No. 05-200, to make general amendments to Section 1: Administration and Section 4: General Provisions, to amend the Low Density Residential (R1) Zone and Low Density Residential – Small Lot (R1a) Zone, to create permissions and regulations for purpose built triplex and fourplex developments, and to create a new Low Density Residential – Large Lots (R2) Zone be APPROVED on the following basis: (i) That the By-law to amend Zoni

(a) That Council gives approval to the following actions, as detailed in Report PED24043, respecting Committee of Adjustment Consent application FL/B-20:01 and Minor Variance application FL/A-20:04 submitted by A.J. Clarke and Associates, on behalf of 330113 Ontario Incorporated, for the lands located at 177 Highway 8, Flamborough, as shown on Appendix “A” attached to Report PED24043, granted by the Committee of Adjustment but recommended for denial by the Planning and Economic Development Department: Planning Committee February 23, 2024 Minutes 24-003 Page 8 of 40 (i) That Council of the City of Hamilton proceed with the appeal to the Ontario Land Tribunal against the decision of the Committee of Adjustment to approve Consent application FL/B-20:01 and Minor Variance application FL/A-20:04. (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 FL/B-20:01 and Minor Variance application FL/A-20:04. Result: Motion

(a) That Council gives approval to the following actions, as detailed in Report PED24045, respecting Committee of Adjustment Consent Application FL/B-23:73 by Patrick G. Morris, on behalf of Marion Pawlik (owner) and Nathan Aubert and Megan Bros (applicants/purchaser), for the lands located at 2050 Centre Road, Flamborough, as shown on Appendix “A” attached to Report PED24045, granted by the Committee of Adjustment but 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 Committee of Adjustment to approve Consent application FL/B-23:73; (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 FL/B-23:73. Planning Committee February 23, 2024 Minutes 24-003 Page 9 of 40 Result: Motion

(a) Recommendation to Designate 419 Wilson Street East, Ancaster, (Masonic Hall) under Part IV of the Ontario Heritage Act (PED24024) (Ward 12) (Item 8.1) That the City Clerk be directed to give notice of Council’s intention to designate 419 Wilson Street East, Ancaster, known as the Masonic Hall, shown in Appendix “A” attached to Report PED24024, as a property of cultural heritage value pursuant to the provisions of Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Cultural Heritage Value or Interest and Description of Heritage Attributes, attached as Appendix “B” to Report PED24024, subject to the following: (i) If no objections are received to the notice of intention to designate in accordance with the Ontario Heritage Act, City Council directs staff to introduce the necessary by-law to designate the property to be of cultural heritage value or interest to City Council; (ii) If an objection to the notice of intention to designate is received in accordance with the Ontario Heritage Act, City Council directs staff to report back to Council to allow Council to consider the objection and decide whether or not to withdraw the notice of intention to designate the property (b) Recommendation to Designate 380-386 Wilson Street East, Ancaster (Former Ancaster Hotel and Coach House), under Part IV of the Ontario Heritage Act (PED24025) (Ward 12) (Item 8.2) Planning Committee February 23, 2024 Minutes 24-003 Page 10 of 40 That the City Clerk be dire

(a) That approval be given to City Initiative CI-23-J for modifications and updates to the Rural Hamilton Official Plan and which implements the direction given at the February 6, 2024 Planning Committee meeting, as it relates to Farm Labour Residences and Additional Dwelling Units – Detached in the Rural Area, be APPROVED on the following basis: (i) That the amended Rural Hamilton Official Plan Amendment, attached as REVISED Appendix “A” to Report PED22002(a), be adopted by Council; (ii) That the proposed Official Plan Amendment is consistent with the Provincial Policy Statement, 2020, conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019, as amended), Greenbelt Plan (2017) and Niagara Escarpment Plan (2017); (b) That approval be given to City Initiative CI-23-J for modifications and updates to the City of Hamilton Zoning By-law No. 05-200 and which implements the direction given at the February 6, 2024 Planning Committee meeting as it relates to Farm Labour Residences and Additional Dwelling Units – Detached in the Rural Area, be APPROVED on the following basis: (i) That the amended By-law, attached as REVISED Appendix “B” to Report PED22002(a), which has been prepared in a form satisfactory to the City Solicitor, be enacted by Council; Planning Committee February 23, 2024 Minutes 24-003 Page 12 of 40 (ii) That the proposed changes in zoning are in conformity with the Rural Hamilton Official Plan upon approval of Rural Hamilton Official Plan Amendm

(a) Recommendation to Designate 1166 Garner Road West, Ancaster, (Shaver Homestead) under Part IV of the Ontario Heritage Act (PED24026) (Ward 12) (Added Item 8.1) That the City Clerk be directed to give notice of Council’s intention to designate 1166 Garner Road West, Ancaster, (Shaver Homestead) shown in Appendix “A” attached to Report PED24026, as a property of cultural heritage value pursuant to the provisions of Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Cultural Heritage Value or Interest and Description of Heritage Attributes, attached Planning Committee February 23, 2024 Minutes 24-003 Page 13 of 40 as Appendix “A” to the Hamilton Municipal Heritage Committee Report 24- 002, subject to the following: (i) If no objections are received to the notice of intention to designate in accordance with the Ontario Heritage Act, City Council directs staff to introduce the necessary by-law to designate the property to be of cultural heritage value or interest to City Council; (ii) If an objection to the notice of intention to designate is received in accordance with the Ontario Heritage Act, City Council directs staff to report back to Council to allow Council to consider the objection and decide whether or not to withdraw the notice of intention to designate the property. (b) Monthly Report on Proactive Listings for the Municipal Heritage Register, February 2024 (PED24044) (Ward 3) (Item 10.1) That staff be directed to list the following

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 Planning Committee February 23, 2024 Minutes 24-003 Page 15 of 40 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, bylaw and emergency services (i.e. police, fire) have reported to the properties for vandalism, mischief and break ins. Most recently, Hamilton Police responded to a Break and Enter call January 26th, 2024. The vacant buildings pose a risk to public safety. WHEREAS, the findings of CPE Structural Consultants Limited concluded that the majority of the properties require extensive structural and non-structural repairs to address building safety for occupancy and further destructive investigation would be required to determine fully the extent of structural repairs required. THEREFORE, BE IT RESOLVED: That the Chief Building Official be authorized to issue a demolition permit for 9423, 9517, 9569, and 9579 Dickenson Road West, 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

WHEREAS, the subject lands are zoned Downtown Central Business District (D1, H17, H19, H20) Zone in City of Hamilton Zoning By-law No. 05-200; WHEREAS, a Minor Variance application (HM/A-16:396) allowed a commercial parking facility not contained within a building for a maximum of two years; WHEREAS, Minor Variance application HM/A-16:396 expired on December 15, 2018; WHEREAS, at its meeting on October 1, 2019 Council directed staff to staff review options for places of worship to utilize surplus parking by third parties as part of the Institutional Zoning By-law review; WHEREAS, the Institutional Zoning By-law review has not commenced to date; and WHEREAS, Planning staff complete regular reviews and initiate housekeeping amendments from time to time to keep Zoning By-law No. 05-200 up to date. THEREFORE, BE IT RESOLVED - That staff be directed to include the subject lands in a future housekeeping amendment to Zoning By-law No. 05-200 for consideration at a Statutory Public meeting to recognize the commercial parking facility that was permitted by Minor Variance application HM/A-16:396. Result: Motion

WHEREAS, the subject property at 66 Wellington St. N has been fire damaged and is not usable in its current state; WHEREAS, an on-site inspection by a technical professionals conducted at 66 Wellington St. N on June 23, 2023 concluded that the fire damaged building was determined structurally unsafe; WHEREAS, the state of the building is having significant negative impacts to community pride, attracting rodents, pests, wildlife habitation, unsafe sheltering, litter and illegal dumping to Ward 3 residents and the neighbourhood; WHEREAS, the owners are prepared to build immediately upon receipt of the building permit approval; WHEREAS, the owner of the above-mentioned property would like to demolish the existing dwelling while awaiting the issuance of a building permit. THEREFORE, BE IT RESOLVED: That the Chief Building Official be authorized to issue a demolition permit for 66 Wellington St. N in Hamilton, pursuant to Section 33 of the Planning Act as amended, without having to comply with conditions in Sub-Section 6(a) of Demolition Control. Result: Motion

(a) That the directions to staff in Closed Session respecting Report LS23001(a) be approved; (b) That closed session recommendations (a), (b), and (c) to Report LS23001(a) and Appendix “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 LS23001(a) remain confidential. Result: Motion

(a) That the directions to staff in Closed Session respecting Report LS22005(a) be approved; (b) That closed session recommendations (a), (b), and (c) to Report LS22005(a) and the attached Appendices “A”, “B”, “C” and “D” be approved and remain confidential until made public as the City’s position before the Tribunal; and, (c) That the balance of Report LS22005(a) remain confidential. Planning Committee February 23, 2024 Minutes 24-003 Page 19 of 40 Result: Motion

That the agenda for the February 23, 2024 Planning Committee meeting be approved, as amended. Result: Motion

(a) That the Closed Session Minutes dated February 6, 2024, be approved as presented; and, (b) That the Closed Session Minutes dated February 6, 2024, remain confidential. Result: Motion

That Committee move into Closed Session for Item 15.2 and Added Item 15.3, 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 Planning Committee February 23, 2024 Minutes 24-003 Page 24 of 40 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 Minutes of the February 6, 2024 meeting be approved, as presented. Result: Motion

That the correspondence from Hamilton Urban Precinct Entertainment Group (HUPEG) respecting proposed Redevelopment of Philpott Memorial Church, located at 84 York Boulevard, 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) Malcolm Sears, respecting proposed Redevelopment of Philpott Memorial Church, located at 84 York Boulevard (For today’s meeting) (Added Item 6.1) (b) Stephen Armstrong, Armstrong Planning and Project Management respecting proposed Redevelopment of Philpott Memorial Church, located at 84 York Boulevard (For today’s meeting) (Added Item 6.2) Result: Motion

That the following Delegations respecting 84 York Boulevard (Item 11.3), be received: (a) Malcolm Sears, Building Committee of Philpott Church (Added Item 7.1) (b) Stephen Armstrong, Armstrong Planning and Project Management (Added Item 7.2) Result: Motion

That the staff presentation be waived. Result: Motion

That the presentation from Ryan Ferrari with A.J. Clarke and Associates Ltd., be received. Result: Motion

(a) That the following public submissions regarding this matter were received and considered: (i) Added Written Submissions (Added Item 10.1(a)): (1) Dave Vidal and Mari McIntyre - Opposed (2) Bob and Carol Whitelaw - Concerns (3) Anna-Marie Emili – Concerns (ii) Delegations (1) Robert Zejilmaker – Concerns with the proposal (b) That the public meeting be closed. Result: Motion

That the presentation from Angela Buonamici, with Arcadis Inc., be received. Result: Motion

(a) That the following public submissions regarding this matter were received and considered: (i) Added Written Submissions (Added Item 10.2(a)): Planning Committee February 23, 2024 Minutes 24-003 Page 31 of 40 (1) Emad Boles – Concerns with the proposal (2) Firas and Stephanie Chahine – Opposed to the proposal (ii) Added Delegations (Added Item 10.2 (c)) (1) Peter Schlachter – Opposed to the proposal (b) That the public meeting be closed. Result: Motion

That Report PED23164 respecting Application for a Zoning By-law Amendment for Lands Located at 64 Hatt Street, Dundas, be

That the staff presentation be received. Result: Motion

(a) That the following public submissions regarding this matter were received and considered: (i) Registered Delegations (Item 10.5(a)): (1) Brian Sibley, Hamilton East Kiwanis Non-Profit Homes Inc. (in-person) – Supports the proposal (2) Michelle Diplock, West End Home Builders' Association (in-person) – Supports the proposal, with suggested changes (3) Glenn Davies (in-person) – Supports the proposal, with suggested changes (4) Chris Ritsma (in-person) – Supports the proposal, with suggested changes (5) Adeola Egbeyemi, Environment Hamilton (in- person) – Supports the proposal (6) David Faletta, Bousfields Inc. (virtual) – Supports the proposal, with suggested changes (ii) Written Submissions (Item 10.5(b)): (1) Patricia and Leslie Matthews - Opposed (2) Tilda Bodo – Opposed (3) Margaret Tremblay – Supports the proposal (4) Paul O'Hara – Supports the proposal (5) Brian McHattie – Supports the proposal (6) Jason Allen – Supports the proposal (7) Brian Allore – Supports the proposal (8) Shania Ramharrack-Maharaj – Supports the proposal (9) Peter Appleton – Supports the proposal Planning Committee February 23, 2024 Minutes 24-003 Page 34 of 40 (10) Emil Gadjanski – Supports the proposal (11) Marie Covert – Supports the proposal (12) Dawn Cole – Supports the proposal (13) Gord & Angie McNulty – Supports the proposal (14) Jill Tonini – Supports the proposal (15) Anne Bell, Ontario Nature – Supports the proposal (16) Chris Ritsma – Supports the proposal (17) Jan Bard - Opposed (1

Planning Committee February 23, 2024 Minutes 24-003 Page 35 of 40 That the Committee Recess from 1:25 p.m. to 2:00 p.m. Result: Motion

That the presentation from Emily Bent, Cultural Heritage Planner, be received. Result: Motion

That the Motion be amended to remove all references to 9867 Dickenson Road West and 1205 Glancaster Road, as follows: Demolition Permit for 9423, 9517, 9569, and 9579 and 9867 Dickenson Road West and 1205 Glancaster Road (Item 12.1) 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 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 her

That the General Manager’s Update be received. Planning Committee February 23, 2024 Minutes 24-003 Page 39 of 40 Result: Motion

That there being no further business, the Planning Committee be adjourned at 3:08 p.m. Result: Motion