Planning Committee

That the agenda for the April 8, 2025 Planning Committee meeting, be approved, as amended. Result: Motion

That the minutes of the March 18, 2025 Planning Committee, be adopted, as presented.

That the following Items for Information be received: 7.1 PED23069(a) Residential Zones Project: New Mid Rise Residential Zones in Zoning By-law No. 05-200 - Consultation Update (CI 25-C) (City-Wide) Planning Committee April 8, 2025 Minutes PLC 25-005 Page 3 of 42 7.2 HMHC 25-003 Hamilton Municipal Heritage Committee Minutes – March 28, 2025

That the staff presentation from Alaina Baldassarra, Planner I, respecting Applications for a Zoning By-law Amendment Application and Draft Plan of Subdivision for Lands Located at 204, 212, 220, and 226 Rymal Road West Part of Lot 17, Concession 8 and Part of Road Allowance Between Lots 16 and 17, Geographic Township of Barton, in the Former City of Hamilton (Ward 8), be received.

That the presentation from Edward John with Landwise, be received.

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

That Report PED25054, dated April 8, 2025, respecting Applications for a Zoning By-law Amendment Application and Draft Plan of Subdivision for Lands Located at 204, 212, 220, and 226 Rymal Road West Part of Lot 17, Concession 8 and Part of Road Allowance Between Lots 16 and 17, Geographic Township of Barton, in the Former City of Hamilton (Ward 8), be received, and the following recommendations be approved: (a) That Amended Zoning By-law Amendment Application ZAC-21- 029, by Landwise (c/o Edward John), on behalf of Atlas Homes Corporation, Dussin Holdings Inc., Vincent James Lepore (ASO), and Maria and Tonino Di Franco, Owners, for a change in zoning from the “R-2-H/S-1822” (Urban Protected Residential – One and Two Family Dwellings, Etc.) District, Modified, Holding, “AA” (Agricultural) District, and “C/S-1822” (Urban Protected Residential, etc.) District, Modified, to the Low Density Residential – Small Lot (R1a, 911) Zone and Low Density Residential (R1) Zone to permit a residential Planning Committee April 8, 2025 Minutes PLC 25-005 Page 5 of 42 subdivision with 42 single detached dwellings, for lands located at 204, 212, 220, and 226 Rymal Road West, Hamilton, Part of Lot 17, Concession 8 and Part of Road Allowance Between Lots 16 and 17, Geographic Township of Barton, in the City of Hamilton, as shown in Appendix A attached to Report PED25054, BE APPROVED on the following basis: (i) That the draft By-law, attached as Appendix B to Report PED25054, which has been prepare

That the staff presentation from Charlie Toman, Senior Project Manager, Policy Planning/Comprehensive Review, respecting Official Plan Amendment and Final Framework for Processing and Evaluating Urban Boundary Expansion Applications (City Wide), be received.

(a) That the following public submissions were received and considered by the Committee; and, (1) Written Submissions: (i) Lois Corey – Opposed (ii) Ian Hanecak – In support (iii) MaryAnn Hudecki Thompson - Opposed (iv) Terri Johns, Landwise – In support (v) Mike Collins-Williams, West End Home Builders’ Association - Concerns (b) That the public meeting be closed. Result: Motion

That Report PED24109(b), dated April 8, 2025, respecting Official Plan Amendment and Final Framework for Processing and Evaluating Urban Boundary Expansion Applications (City Wide), be received, and the following recommendations be approved: (a) That the Urban Hamilton Official Plan Amendment, attached as Appendix A to Report PED24109(b), to establish a policy Framework for Processing and Evaluating Urban Boundary Expansion Applications, BE APPROVED on the following basis: (i) That the Draft Official Plan Amendment, attached as Appendix A to Report PED24109(b), which has been prepared in a form satisfactory to the City Solicitor, be enacted by Council; Planning Committee April 8, 2025 Minutes PLC 25-005 Page 8 of 42 (ii) That the proposed Official Plan Amendment is consistent with the Provincial Planning Statement (2024) and conforms to the Greenbelt Plan; as amended; (b) That the Rural Hamilton Official Plan Amendment attached as Appendix B to Report PED24109(b), to establish a policy Framework for Processing and Evaluating Urban Boundary Expansion Applications, BE APPROVED on the following basis: (i) That the Draft Official Plan Amendment, attached as Appendix B to Report PED24109(b), which has been prepared in a form satisfactory to the City Solicitor, be enacted by Council; (ii) That the proposed Official Plan Amendment is consistent with the Provincial Planning Statement (2024) and conforms to the Greenbelt Plan; as amended; (c) That the Final Framework for Processing an

That the staff presentation from Amna Amir, Planner I, respecting Application for a Zoning By-law Amendment for Lands Located at 120 Wentworth Street North, Hamilton (Ward 3), be received.

That the presentation from Katelyn Gillis with Landwise, and Sylvia Harris with Flourish, be received.

(a) That the following public submissions were received and considered by the Committee; and, (1) Written Submissions: (i) Brenda Duke – In support (ii) Sandy Ezepue, Hamilton Urban Core Community Health Centre – In support (iii) Anna Buhrmann and Abigail Morton – In support (iv) Alice Plug-Buist, Helping Hands Street Mission – In support (v) Justin Eisinga, 541 Eatery & Exchange – In support (vi) Seán McGuire, Wentworth Baptist Church – In support (2) Delegation: (i) Marianna Healey – In support (b) That the public meeting be closed. Result: Motion

That Report PED25106 be amended by deleting sub-section (a)(ii) in its entirety, deleting any reference to H196 and re-numbering the balance, as follows: Planning Committee April 8, 2025 Minutes PLC 25-005 Page 13 of 42 (a) That Zoning By-law Amendment Application ZAC-25-010, by Landwise (c/o Katelyn Gillis), on behalf of Indwell Community Homes (c/o Graham Cubitt), Owner, for a change in zoning from the Neighbourhood Institutional (I1) Zone to the Mixed Use Medium Density (C5, 933, H196) Zone, to permit the adaptive reuse of a portion of an existing place of worship and the construction of a four storey multiple dwelling containing 50 units for affordable housing with supports, on the lands located at 120 Wentworth Avenue North, Hamilton, as shown on Appendix A attached to Report PED25106, BE APPROVED on the following basis: (i) That the draft By-law, attached as Appendix B, as Amended, to Report PED25106, 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 Mixed Use Medium Density (C5, 933, H196) Zone; The Holding Provision ‘H196’, is to be removed conditional on the following: (1) The owner submits and receives approval of an updated Watermain Hydraulic Analysis Report to demonstrate that there is sufficient water supply available to meet the fir

That the staff presentation from Jennifer Allen, Planner I, and Sebastian Cuming, Planner II, respecting Strategic and Technical Amendments to the Urban Hamilton Official Plan and City of Hamilton Zoning By-law No. 05-200 to Implement the Residential Zones, and Strategic Amendments to Former City of Hamilton Zoning By-law No. 6593 (CI 25-A) (City Wide), be received.

(a) That there were no public submissions received regarding this matter; and, (b) That the public meeting be closed. Planning Committee April 8, 2025 Minutes PLC 25-005 Page 17 of 42 Result: Motion

That Report PED25038 be amended by removing the reference to “Residential Care Facilities” in sub-section (b) and in the draft By-laws attached as Appendix “B” to Report PED25038 and by deleting sub- section (c) in its entirety, as follows: (a) That City Initiative CI 25-A, respecting amendments to the Urban Hamilton Official Plan to amend the definition of a Multiple Dwelling to contemplate all built forms intended to be captured in the definition, and to provide a clear distinction between Street Townhouse Dwelling and Multiple Dwelling built forms, BE APPROVED on the following basis: (i) That the Urban Hamilton Official Plan Amendment, attached as Appendix A to Report PED25038, be adopted by Council; (ii) That the proposed amendments to the Urban Hamilton Official Plan are consistent with the Provincial Planning Statement, 2024. Planning Committee April 8, 2025 Minutes PLC 25-005 Page 19 of 42 (b) That City Initiative CI 25-A, respecting strategic and technical amendments to Low Density Residential permissions, dwelling definitions, Residential Care Facility regulations, and other strategic amendments to various sections in Zoning By-law No. 05-200, BE APPROVED on the following basis: (i) That the Draft By-law, As Amended by removing any reference to Residential Care Facility, to amend Zoning By-law No. 05-200, attached as Appendix B to Report PED25038, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; and, (ii) That the prop

That the Committee Recess from 12:21 p.m. to 1:00 p.m.

That the staff presentation from Michael Fiorino, Planner II, respecting Application for a Draft Plan of Subdivision for Lands Located at 238, 240 and 242 Highland Road West, Stoney Creek (Ward 9), be waived.

That the presentation from Stephanie Mirtitsch with MHBC Planning, be received.

That Report PED25097, dated April 8, 2025, respecting Application for a Draft Plan of Subdivision for Lands Located at 238, 240 and 242 Highland Road West, Stoney Creek (Ward 9), be received, and the following recommendations be approved: (a) That Draft Plan of Subdivision Application 25T-202405, by MHBC Planning Ltd. (c/o Stephanie Mirtitsch), on behalf of Losani Homes (1998) Ltd. (c/o Dianne Ramos), Margaret and Eric Sundin, and Imre and Eva Sarkozi), Owners, on lands located at 238, 240 and 242 Highland Road West shown as on Appendix A attached to Report PED25097, be APPROVED in accordance with By-law No. 07-323 being the delegation of the City of Hamilton’s Assigned Authority Under the Planning Act for the Approval of Subdivisions and Condominiums, on the following basis: (i) That this approval apply to the Draft Plan of Subdivision 25T-202405, certified by R.S. Querubin, O.L.S., dated October 25, 2024, consisting of four residential blocks to facilitate the development of five lots for single detached dwellings and two lots for one semi detached dwelling fronting onto Carlson Street (Block 1), and to retain the existing single detached dwellings along Highland Road Planning Committee April 8, 2025 Minutes PLC 25-005 Page 23 of 42 West (Blocks 2 to 4), as shown on Appendix B attached to Report PED25097; (ii) That the Owner enter into a Standard Form Subdivision Agreement as approved by City Council and with the Special Conditions as shown on Appendix C attached to Report

That the staff presentation from Alaina Baldassarra, Planner I, respecting Application for a Zoning By-law Amendment for Lands Located at 87 to 109 Ashley Street, Hamilton (Ward 3), be waived.

That the presentation from Craig Rohe with GSP Group, be received.

(a) That the following public submission was received and considered by the Committee; and, (i) Kenedi Greenwood - Opposed (b) That the public meeting be closed. Result: Motion

That Report PED25081, dated April 8, 2025, respecting A Application for a Zoning By-law Amendment for Lands Located at 87 to 109 Ashley Street, Hamilton (Ward 3), be received, and the following recommendations be approved: (a) That Amended Zoning By-law Amendment Application ZAC-25- 007, by GSP Group Inc. (c/o Craig Rohe) on behalf of Tyros Development Ltd., Owner, for a change in zoning from the Neighbourhood Commercial (C2) Zone to the Mixed Use Medium Density (C5, 929, H195) Zone to permit the development of a six storey multiple dwelling with 136 units, 89 parking spaces, and 68 long term and 16 short term bicycle spaces for lands located at 87 to 109 Ashley Street, as shown on Appendix A attached to Report PED25081, BE APPROVED on the following basis: (i) That the draft By-law, attached as Appendix B to Report PED25081, 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 Planning Statement (2024); (iii) That the proposed changes in zoning comply with the Urban Hamilton Official Plan; and, (iv) 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 Mixed Use Medium Density (C5, 929, H195) Zone: The Holding Provision ‘H195’, is to be removed conditional upon the following: (1) That the owner submit and receive approval of a r

That the staff presentation from Dhruv Mehta, Planner II, respecting Applications for an Official Plan Amendment and Zoning By-law Amendment for Lands Located at 1278 Old Highway 8, Flamborough (Ward 12), be waived.

That the presentation from James Thomas with A.J. Clarke & Associates, be received.

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

That Report PED25063 be amended by deleting sub-section (b)(ii) in its entirety and re-numbering the balance, as follows: (b) That Amended Zoning By-law Amendment Application ZAC-24- 009, submitted by A.J. Clarke & Associates Ltd. c/o Franz Kloibhofer, on behalf of Matt Barnes Photography Inc., Owner, for a change in zoning from the Settlement Institutional (S3) Zone to the Settlement Residential (S1, 916) Zone, to permit the adaptive reuse of an existing place of worship as a single detached dwelling, on lands located at 1278 Old Highway 8, Flamborough, as shown in Appendix A attached to Report PED25063, BE APPROVED on the following basis: (i) That the draft By-law, attached as Appendix C to Report PED25063, 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 Settlement Residential (S1, 916, H187) Zone; Planning Committee April 8, 2025 Minutes PLC 25-005 Page 30 of 42 The Holding Provision ‘H187’, is to be removed conditional on the following: (1) The necessary Building Permits have been applied for to legalize the conversion of an existing place of worship to a single detached dwelling to the satisfaction of the City’s Chief Building Official. (ii) That the proposal is consistent with the Provincial Planning Statement (2024), conforms to the Greenbelt Plan (20

That the staff presentation from Mark Kehler, Program Lead Site Planning, respecting Implementation of Changes to Section 41 of the Planning Act – Site Plan Approval, in Response to Provincial Bill 185 (City Wide), be received.

That the following public submissions respecting Implementation of Changes to Section 41 of the Planning Act – Site Plan Approval, in Response to Provincial Bill 185 (City Wide) be received: (i) Andrew Hannaford, MHBC Planning (ii) Mike Collins-Williams, West End Home Builders’ Association

That Report PED24175(a), dated April 8, 2025, respecting Implementation of Changes to Section 41 of the Planning Act – Site Plan Approval, in Response to Provincial Bill 185 (City Wide), be received and the following recommendations be approved: (a) That the Draft By-law attached as Appendix A to Report PED24175(a) to amend the Site Plan Control By-law to introduce the lapsing of Site Plan Approvals, which has been prepared in a form satisfactory to the City Solicitor, BE ENACTED by Council; and, (b) That the Phasing Condition attached as Appendix B to Report PED24175(a) to be added to the Standard Conditions of Approval for Site Plan applications within the Downtown Hamilton Community Improvement Project Area, BE ENDORSED by Council. Planning Committee April 8, 2025 Minutes PLC 25-005 Page 33 of 42 Result: Motion

That Report PED25078, dated April 8, 2025, respecting Accessible Parking Updates to Municipal By-laws (City Wide), be received and the following recommendations be approved: (a) That the amending draft By-law, which amends By-law 01-216, being a By-law Respecting the Construction, Maintenance, Operation, Management and Regulation of Municipal Parking Facilities, attached as Appendix “A” to Report PED25078, which has been prepared in a form satisfactory to the City Solicitor, BE APPROVED; (b) That the amending draft By-law, which amends By-law 01-218, being a By-law to Regulate On-Street Parking, attached as Appendix “B” to Report PED25078, which has been prepared in a form satisfactory to the City Solicitor, BE APPROVED; (c) That the amending draft By-law, which amends By-law 01-220, being a By-law to Regulate the Parking of Motor Vehicles On Private and Municipal Property, attached as Appendix “C” to Report PED25078 BE APPROVED; (d) That the Director of Transportation Planning and Parking, or designate BE AUTHORIZED and directed to work with Legal Services to obtain approval from the Ministry of the Attorney General of set fines for the additional offences created in the draft By-laws in Appendices “A”, “B” and “C” attached to Report PED25078 when the By-laws have been approved; Planning Committee April 8, 2025 Minutes PLC 25-005 Page 34 of 42 (e) That the amending draft By-law, which amends By-law 17-225, being a By-law to Establish a System of Administrative Penalties, att

That Hamilton Municipal Heritage Committee Minutes dated April 4, 2025, be received and the recommendations contained therein be approved. Result: Motion

That the staff presentation from Mark Michniak, Senior Planner, respecting Application for Ministry of the Environment, Conservation and Parks Environmental Compliance Approval for a Waste Processing Facility for Lands Located at 1133 Industrial Drive (Ward 3), be received.

That Report PED25091, dated April 8, 2025, respecting Application for Ministry of the Environment, Conservation and Parks Environmental Compliance Approval for a Waste Processing Facility for Lands Located at 1133 Industrial Drive (Ward 3), be received and the following recommendations be approved: (a) That Waste Approvals, Environmental Permissions Branch of the Ontario Ministry of the Environment, Conservation and Parks be advised that should the Ministry consider approving Application 0433-D4GP8R by 2388455 Ontario Inc. (c/o Alex Agius), applicant for a new Environmental Compliance Approval for a Waste Disposal Site Reference # 0433-D4GP8R to permit a waste processing and transfer station on the lands located at 1133 Industrial Drive (Hamilton) as shown on Appendix A attached to Report PED25091, that the City of Hamilton requests: (i) That, if approved, the Environmental Compliance Approval includes the Recommended Conditions as shown in Appendix B attached to Report PED25091; (ii) That a copy of Report PED25091 be forwarded to the Waste Approvals, Environmental Permissions Branch of the Ontario Ministry of the Environment, Conservation and Parks for their consideration; and, Planning Committee April 8, 2025 Minutes PLC 25-005 Page 36 of 42 (iii) That the Waste Approvals, Environmental Permissions Branch of the Ontario Ministry of the Environment, Conservation and Parks be requested to forward a copy of its final decision respecting the Certificate of Approval to the Clerk

That the following written submissions be received: (i) Trevor Smykaluk (ii) Jenny Zapparoli (iii) Mary Dawn Vessey

WHEREAS, many farm animals, including chickens and roosters are already permitted in Hamilton's rural residential areas; WHEREAS Zoning in Rural Settlement Areas (S1 Zone) prohibits the keeping of farm animals, including chickens and roosters; WHEREAS, in recent years, the cost of food has increased significantly making household budgeting difficult for many residents; WHEREAS, hens are relatively inexpensive and one hen can produce approximately 260-360 eggs per year depending on the breed; Planning Committee April 8, 2025 Minutes PLC 25-005 Page 37 of 42 WHEREAS, free range eggs sold by local grocery stores are considerably more expensive at over $8 per dozen; WHEREAS, hens are extremely efficient at breaking down household scraps and turning that into fertilizer and enriching the soil; WHEREAS, ticks and associated illnesses are a growing health concern that can be mitigated by hen keeping; WHEREAS, backyard hens help to reduce negative impacts on the climate by eliminating the need for eggs to be transported to market; WHEREAS, allowing chickens and roosters in Rural Settlement Areas (S1 Zone) would improve access to affordable and nutritious food close to home; THEREFORE, BE IT RESOLVED: That Animal Services, Municipal Law Enforcement, Public Health and Planning staff be directed to explore the feasibility of permitting chickens and roosters as permitted Agricultural uses within the Settlement Residential (S1) Zone and report back to Planning Committee in Q4, 2025. Resul

WHEREAS, the Hamilton Heritage Property Grant Program (the Program) is intended to provide financial assistance to commercial, institutional, industrial or multi-residential properties that are designated under the Ontario Heritage Act, in the form of a grant for the conservation and restoration of heritage features, including the structural and stability work, up to a maximum of $150,000, and for an additional $20,000 for any studies, reports or assessments related to said work; Planning Committee April 8, 2025 Minutes PLC 25-005 Page 38 of 42 WHEREAS, applicants must meet the Council approved Program eligibility and grant criteria, including being located within defined geographic areas across the city, including Community Improvement Project Areas, the Mount Hope/Airport Gateway or the lower city between Highway 403 and the Red Hill Valley Parkway; WHEREAS, program applications are subject to a comprehensive review by the City of Hamilton’s Economic Development Division and approval of all Program applications are at the absolute discretion of the General Manager, Planning and Economic Development, and subject to the availability of funds; WHEREAS, the property located at 2295 Troy Road, Flamborough, known as the former Troy School, (the Property) is designated under Part IV of the Ontario Heritage Act by Former Town of Flamborough By-law No. 95-67; WHEREAS, the Property’s existing historic wood siding is in a state of disrepair, and the estimated cost to restore and/or re

WHEREAS, there are currently no regularly scheduled enforcement services between 5:45 a.m. and 10:00 p.m. on Sundays WHEREAS, the absence of enforcement during this time has been a longstanding gap in service, and implementing changes would represent a significant improvement in customer service, public safety, and compliance with parking regulations; WHEREAS, expanding enforcement to include Sundays could support local businesses by ensuring parking turnover as well as address concerns related to unauthorized or unsafe parking practices that may impact public safety, accessibility, traffic operations and neighborhood livability; WHEREAS, the current staffing complement of 26 Full-Time Equivalent (FTE) Parking Control Officers is responsible for enforcement citywide, covering six working days across four designated shifts, often leaving only 2 to 8 officers available per shift to address enforcement requests (not including contracted enforcement); Planning Committee April 8, 2025 Minutes PLC 25-005 Page 40 of 42 WHEREAS, an evaluation of additional staffing and resources may be necessary to ensure service levels, maintain manageable workloads, and support the successful implementation of expanded enforcement hours; THEREFORE, BE IT RESOLVED: That City staff be directed to conduct a comprehensive review of enhanced parking enforcement service options to include regularly scheduled parking enforcement on Sundays, including consultation with the BIA’s (Business Improvement Areas

That the Closed Session Minutes of the March 18, 2025 Planning Committee meeting, be approved and remain confidential. Planning Committee April 8, 2025 Minutes PLC 25-005 Page 41 of 42 Result: Motion

That Committee move into Closed Session for Item 12.2 pursuant 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), Subsections (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

(a) That Report LS25008, dated April 8, 2025, respecting Update on Various Appeals for Non-Decision to the Ontario Land Tribunal within the Airport Employment Growth District (Wards 11 and 12) be received, and the following recommendations be approved: (i) That the directions to staff in Closed Session respecting Report LS25008 be approved; (ii) That closed session recommendations (1) and (2) to Report LS25008, be approved and remain confidential until made public as the City’ position before the Ontario Land Tribunal (iii) That the balance of Report LS25008 remain confidential. Result: Motion