Planning Committee

That Report PED24110 respecting Market and Land Supply Monitoring Report – 2023 and Interim 2024 Update, be received. Result: Motion

That Report PED24191 respecting Appeal by Dentons Canada LLP c/o Isaiah Banach, on behalf of Zest (Town Square) Developments Inc. and Zest Communities Inc. for Zoning By-law Amendment Application ZAC-20-029 to the Ontario Land Tribunal for Lack of Decision for Lands Located at 393 Rymal Road West, Hamilton, be received. Result: Motion

That Report PED24179 respecting Appeal Aird & Berlis LLP on behalf of Dickenson Limited Partnership and Dickenson GP Inc. of Zoning By-law Amendment Application ZAH-22-021 and Draft Plan of Subdivision Application 25T-202203 to the Ontario Land Tribunal for Lack of Decision for Lands Located at 9451, 9517, 9541, 9569, 9579, 9593, and 9867 Dickenson Road West and 1199 and 1205 Glancaster Road, Glanbrook, be received. Result: Motion

(a) That Report PED24173, the Draft Official Plan Amendment, and the Draft Zoning By-law Amendment, attached as Appendices “B” and “C” respectively, be received; (b) That the public submissions on the draft Official Plan Amendment and Zoning Amendment be received; and, (c) That Staff be directed to bring forward the Draft Official Plan Amendment and Draft Zoning By-law Amendment, incorporating any recommended changes based on submissions received at the statutory public meeting, in Q1 of 2025. Result: Motion

(a) That Official Plan Amendment Application UHOPA-24-007, by Glen Schnarr & Associates Inc. (c/o Maurice Luchich) on behalf of Lewis 286 Development Inc. (c/o Tomide Olaniyi), Owner, to redesignate the lands from “Low Density Residential 2”, “Low Density Residential 3”, and “Medium Density Residential 2” to “Low Density Residential 3” and “Medium Density Residential 2”, and to create a new Site Specific Policy Area within the Fruitland-Winona Secondary Plan to permit a maximum density of 82 units per net hectare, for lands located at 286 Lewis Road, as shown in Appendix “A” attached to Report PED24206, be DENIED on the following basis: (i) That the proposal is not consistent with the Provincial Planning Statement (2024) and does not comply with the general intent of the Urban Hamilton Official Plan and the Fruitland-Winona Secondary Plan as: (1) It does not comply with the City’s Block 3 Servicing Strategy; (2) It does not meet the intent of the City’s urban design policies; (3) It does not meet the intent of the Fruitland-Winona Secondary Plan’s general residential policies nor the “Low Density Residential 3” and “Medium Density Residential 2” designations; (4) The proposal is premature as it has not demonstrated that adequate infrastructure capacity is available; (5) It has not demonstrated that there will not be any downstream flooding or erosion hazards; (6) It has not demonstrated that areas of archaeological potential are sufficiently assessed; (7) It has not demonstra

Planning Committee November 5, 2024 Minutes 24-016 Page 7 of 27 (a) That Zoning By-law Amendment Application ZAC-24-021, by A.J. Clarke and Associates c/o Ryan Ferrari on behalf of Vrancor 2007 c/o Gunther Bluesz, Owner, for a change in zoning from the “D/S-459” and “D/S-1822” (Urban Protected Residential – One and Two Family Dwellings, etc.) District, Modified to the “DE-2/S-1837-‘H’” (Multiple Dwellings) District, Modified, Holding, to permit the adaptive reuse of the existing vacant two storey industrial building for 39 dwelling units and five parking spaces, for lands located at 72 and 78 Stirton Street, as shown in Appendix “A” attached to Report PED24202, be APPROVED on the following basis: (i) That the draft By-law, attached as Appendix “B” to Report PED24202, 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 Planning Statement (2024), and complies with the Urban Hamilton Official Plan; (iii) That the amending By-law apply the Holding Provisions of Section 36(1) of the Planning Act, R.S.O. 1990 to the subject lands by introducing the Holding symbol ‘H’ to the “DE-2/S-1837-‘H’” (Multiple Dwellings) District, Modified: The Holding Provision ‘H’’, is to be removed conditional on the following: (1) That the Owner submit and receive completion of a signed Record of Site Condition to the satisfaction of the Director of Development Planning or enter into a

(a) That Council endorse the submission and recommendations as attached in Appendix “A’ to Report PED24192 regarding Environmental Registry of Ontario posting 019-9065 - Consideration of Transition of Land Use Planning Matters to Facilitate the Introduction of a New Policy Statement issued under the Planning Act; and, (b) That the Acting Director of Planning and Chief Planner be authorized and directed to confirm the submissions and recommendations made to the province resulting from Council’s review and decision on Report PED24192. Result: Motion

That Report PED24203 respecting Implementation Plan for Area of Employment Changes Under the Planning Act and Provincial Planning Statement, 2024, be received. Result: Motion

(a) Recommendation to Designate 2251 Rymal Road East, Stoney Creek (Former Elfrida United Church), under Part IV of the Ontario Heritage Act (PED24201) (Ward 9) (Item 8.1) (i) That the City Clerk be directed to give notice of Council’s intention to designate 2251 Rymal Road East, Stoney Creek (former Elfrida United Church), shown in Appendix “A” attached to Report PED24201, 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 PED24201, subject to the following: (1) 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; (2) 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 Planning Committee to allow Council to consider the objection and decide whether Planning Committee November 5, 2024 Minutes 24-016 Page 11 of 27 or not to withdraw the notice of intention to designate the property. (b) Recommendation to Designate 21-25 Jones Street, Stoney Creek (the Powerhouse), under Part IV of the Ontario Heritage Act (PED24190) (Ward 5) (Item 8.2) (i) That the City

That Report LS24010(a) respecting Appeal to the Ontario Land Tribunal for lands located at 200 Market Street, 125 Napier Street and 55 Queen Street North, Hamilton respecting applications for an Official Plan Amendment (UHOPA-22-005) and Zoning By-Law Amendment (ZAC-22-012), be referred to the November 13, 2024 Council meeting for consideration. Result: Motion

(a) That the directions to staff in Closed Session respecting Report LS24023 be approved; (b) That closed session recommendations (a), (b), and (c) of Report LS24023 be released to the public, following approval by Council; (c) That closed session recommendations (d), (e), and (f) of Report LS24023 be approved and remain confidential until made public as the city’s position before the Ontario Land Tribunal; and, (d) That the balance of Report LS24023, including Confidential Appendix “A”, remain confidential. Result: Motion

That the agenda for the November 5, 2024, Planning Committee meeting be approved, as amended. Result: Motion

That the Minutes of the October 18, 2024 meeting be approved, as presented. Result: Motion

That the Delegation Request from Robert Thompson respecting Noise Complaints at Club SIX15, be approved for the November 19th meeting. Result: Motion

That the staff presentation be received. Result: Motion

Planning Committee November 5, 2024 Minutes 24-016 Page 19 of 27 (a) That the following public submissions (Added Item 10.2(a)) regarding this matter were received and considered by the Committee: (i) John Soltes – Concerns with proposal (ii) David Szumilas – Concerns with proposal (iii) Elaine Lewis – Concerns with proposal (iv) Marion Watford – Opposed to proposal (v) Shawn Tombolini – Concerns with proposal (b) That the public meeting be closed. Result: Motion

That the following public submissions regarding this matter were received and considered by the Committee: (a) Registered Delegations (Added Item 10.1(a)): (i) Chris Ritsma - Concerns (ii) James Webb, WEBB Planning Consultants – in support of the proposal with suggested modifications (b) That the public meeting be closed. Result: Motion

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

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

That the Committee recess for thirty minutes. Result: Motion

That the presentation from Lauren Vraets, Senior Planner, addressed the Committee, respecting Report PED24203, Implementation Plan for Area of Employment Changes Under the Planning Act and Provincial Planning Statement, 2024, be received. Result: Motion

That the following changes to the Outstanding Business List, be approved: (a) Items to be Removed: 22S - Public Consultation on Sustainable Building and Development Guidelines - Low Density Residential Uses (PED22185) (City Wide) (Addressed as Item 3 on Planning Committee Report 24-014) Result: Motion

(a) That the Closed Session Minutes dated October 18, 2024, be approved as presented; and, (b) That the Closed Session Minutes dated October 18, 2024, remain confidential. Result: Motion

That Committee move into Closed Session for Items 15.2 and 15.3 pursuant to Section 9.3, Sub-sections (e), (f) and (k) of the City’s Procedural By-law 21-021, Planning Committee November 5, 2024 Minutes 24-016 Page 26 of 27 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 there being no further business, the Planning Committee be adjourned at 3:08 p.m. Result: Motion