The Hamilton Record

Planning Committee

July 11, 2023

Who was there

Present (6): Matt Francis, Cameron Kroetsch, Ted McMeekin, Nrinder Nann, Esther Pauls, Mark Tadeson

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (74 motions)

72 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.

That Report PED23153, respecting Active Official Plan Amendment, Zoning By- law Amendment, and Plan of Subdivision Applications, be received. Result: Motion
Moved by A. Wilson, seconded by Hwang
Carried
That Report PED23071, respecting Outstanding Parking Penalty Revenue, be received. Result: Motion
Moved by A. Wilson, seconded by Hwang
Carried
(a) That Amended Zoning By-law Amendment Application ZAC-23-033 by T. Johns Consulting Group Ltd. c/o Katelyn Gillis on behalf of Guidos de Bres Christian High School, for a change in zoning from the Neighbourhood Institutional (I1) Zone to Community Institutional (I2, H152) Zone and Conservation / Hazard Land (P5) Zone, to permit the former elementary school building and associated lands to be converted to a secondary school (Guidos de Bres Christian High School) for lands located at 350 Albright Road, Hamilton, as shown on Appendix “A” attached to Report PED23147, be APPROVED on the following basis: (i) That the draft By-law, as amended, attached as Appendix “B” to Report PED23147, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; (ii) That Schedule “D” – Holding Provisions, of Zoning By-law No. 05-200, be amended by adding a Holding Provision as follows: H152. Notwithstanding Section 8.2 of this By-law, within lands zoned Community Institutional (I2, H152) Zone, identified on Map 1245 of Schedule A – Zoning Maps and described as 350 Albright Road, no development shall be permitted until such time as the applicant Planning Committee July 11, 2023 Minutes 23-011 Page 3 of 68 submits and receives approval of a Transportation Impact Study to the satisfaction of the Manager, Transportation Planning; (ii) That the proposed change in zoning is consistent with the Provincial Policy Statement (2020), conforms to A Place to Grow: Growt
Moved by Francis, seconded by Beattie
Carried
(a) That Official Plan Amendment Application UHOPA-22-019, by UrbanSolutions Planning & Land Development Consultants Inc. on behalf of 2650494 Ontario Inc. (c/o H. Haakimi, Elite MD Group), Owner, to amend the Urban Hamilton Official Plan to redesignate the subject lands from the “District Commercial” designation to the “Mixed Use – Medium Density” designation to permit a 394 unit mixed use building with a maximum height of 12 storeys and 34 townhouse units, for lands located at 1093 Fennell Avenue East, as shown on Appendix “A” attached to Report PED23114, be APPROVED on the following basis: (i) That the draft Official Plan Amendment attached as Appendix “B” to Report PED23114, which has been prepared in a form satisfactory to the City Solicitor, be adopted by City Council; (ii) That the proposed Official Plan Amendment is consistent with the Planning Committee July 11, 2023 Minutes 23-011 Page 4 of 68 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-22-045, by UrbanSolutions Planning & Land Development Consultants Inc. on behalf of 2650494 Ontario Inc. (c/o H. Haakimi, Elite MD Group), Owner, for a change in zoning from the District Commercial (C6) Zone to the Mixed Use Medium Density (C5, 849, H147) Zone, to permit a 12 storey, 394 unit mixed use building and 34, two storey townhouse dwellings, for lands located at 1093 Fennell Avenue East, a
Moved by Francis, seconded by Hwang
Carried
(a) That Amended Zoning By-law Amendment Application ZAC-20-004 by WEBB Planning Consultants Inc., on behalf of Toscani Developments Ltd., Owner, for a change in zoning from Single Residential Zone “R1” Zone to Low Density Residential (R1, 850) Zone, Modified, to permit eight single detached dwellings on a condominium road, for a portion of the lands located at 329 Highland Road West, as shown on Appendix “A” attached to Report PED23120, be APPROVED on the following basis: (i) That the draft By-law, attached as Appendix “B” to Report PED23120, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; (ii) That the amending By-law attached as Appendix “B” attached to Report PED23120, be added to District Map No. 1550 of Zoning By-law No. 05-200 as R1, 850 Zone; (iii) 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); (iv) That the proposed change in zoning comply with the Urban Hamilton Official Plan (UHOP). Result: Motion
Moved by Hwang, seconded by Beattie
Carried
(a) That Zoning By-law Amendment Application ZAC-22-058, by T. Johns Consulting Group Ltd. (c/o Katelyn Gillis) on behalf of Shcherbatykh Holding Inc. (c/o Dr. Julia Shcherbatykh), Owner, for a change in zoning from General Commercial “C3-211” Zone, Modified, and Existing Residential “ER” Zone to Neighbourhood Commercial (C2, 852, H150) Zone, to permit a two storey mixed use building with six dwelling units, ground floor commercial area of 538.4 square metres, and 32 surface parking spaces, for the lands located at 111 and 115 Fiddler’s Green Road, as shown on Appendix “A” attached to Report PED23093, be APPROVED, on the following basis: (i) That the draft By-law attached as Appendix “B” to Report PED23093, 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 introducing the Holding symbol ‘H150’ to the proposed Mixed Use Medium Density (C5) Zone. The Holding Provision ‘H150’ is to be removed conditional upon: (1) The Owner enters into a conditional building permit agreement with respect to completing a Record of Site Condition or a signed Record of Site Condition (RSC) being submitted to the City of Hamilton and the Ministry of the Environment, Conservation and Parks (MECP). This RSC must be to the satisfaction of the Director of Planning and Chief Planner, including a notice of acknowledgement of
Moved by Cassar, seconded by A. Wilson
Carried
(a) That Draft Plan of Subdivision Application 25T-202210, by Wellings Planning Consultants (c/o Glenn Wellings), on behalf Royal Living Development Group Inc. (Alex Arbab), Owners, on lands located at 705 and 713 Rymal Road East, as shown on Appendix “A” attached to Report PED23131, 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- 202210, certified by S. D. McLaren, O.L.S., dated August 5, 2022, consisting of one development block for townhouse dwellings (Block 1) and one block for road right of way dedications (Block 2) as shown on Appendix “B” attached to Report PED23131; (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 PED23131; Planning Committee July 11, 2023 Minutes 23-011 Page 8 of 68 (iii) That the Special Conditions of Draft Plan of Subdivision Approval, 25T-202110, as shown on Appendix “C” attached to Report PED23131, be received and endorsed by City Council; (iv) That in accordance with the City’s Comprehensive Development Guidelines and Financial Policies Manual there will be no City of Hamilton cost sharing for this subdivision; (v) That payment of Cash-in-Lieu of Parkland will be required, pursuant to Section 51
Moved by Hwang, seconded by Pauls
Carried
(a) That Urban Hamilton Official Plan Amendment Application UHOPA-23- 015, by Metropolitan Consulting Inc. (c/o Peter De Iulio) on behalf of Palmel Developments Inc. (c/o David Pitblado), Owners, to redesignate lands in the Binbrook Village Secondary Plan from “Low Density Residential 2e” to “Low “Density Residential 3e”, “Low Density Residential 2h”, “Utility”, “Utility – SWM”, and “Neighbourhood Park”; to redesignate lands from “Low Density Residential 2h” to “Low Density Residential 2e”, Planning Committee July 11, 2023 Minutes 23-011 Page 9 of 68 “Low Density Residential 3e”, and “Utility – SWM”; to redesignate lands from “Low Density Residential 3e” to “Utility”; to redesignate lands from “Parkette” to “Low Density Residential 2h”, “Utility”, and “Utility – SWM”; to redesignate lands from “Neighbourhood Park” to “Low Density Residential 2h” and “Utility”; to redesignate lands from “Utility” to “Low Density Residential 2h” and “Low Density Residential 3e”; and to redesignate lands from “Institutional” to “Neighbourhood Park” and “Utility”, and to amend the Binbrook Village Secondary Plan – Open Space Linkages Map B.5.1-2, for lands located at 3479 Binbrook Road, as shown on Appendix “A” attached to Report PED23117, be APPROVED on the following basis: (i) That the draft Official Plan Amendment attached as Appendix “B” to Report PED23117, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; (ii) That the proposed amendment is con
Moved by Tadeson, seconded by Hwang
Carried
(a) That Zoning By-law Amendment Application ZAR-23-008 by 211 York Investments Inc., for a change in zoning from Community Institutional (I2, 446, H108) Zone to Neighbourhood Commercial (C2, 446, H108) Zone, to permit 39 dwelling units and ground floor commercial uses in the existing two storey building, for lands located at 211 York Road, Dundas, as shown on Appendix “A” attached to Report PED23165, be APPROVED, on the following basis: (i) That the draft By-law, attached as Appendix “B” to Report PED23165, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; Planning Committee July 11, 2023 Minutes 23-011 Page 12 of 68 (ii) That the amending By-law apply the Holding Provision of Section 36(1) of the Planning Act, R.S.O. 1990 to the subject lands by replacing the Holding symbol H108, in its entirety in Schedule “D” of City of Hamilton Zoning By-law No. 05-200; and, that it shall be lifted upon completion of the following: (1) The Owner submits and receives approval of a Functional Servicing Report to demonstrate the demand for the proposed stormwater management, sanitary flows and water usage is similar to the existing usage, all to the satisfaction of the Manager of Engineering Approvals; (iii) 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, conforms to the Niagara Escarpment Plan, 2017, and c
Moved by A. Wilson, seconded by Nann
Carried
(a) That the Urban Hamilton Official Plan Amendment, attached as Appendix “A” to Report PED23144, to establish a policy framework to guide the preparation of Secondary Plans for the Urban Expansion Areas, be approved on the following basis: (i) That the draft Official Plan Amendment, attached as Appendix “A” to Report PED23144, which has been prepared in a form satisfactory to the City Solicitor, be enacted by Council; Planning Committee July 11, 2023 Minutes 23-011 Page 13 of 68 (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 the Secondary Planning Guidelines for Urban Expansion Areas, attached as Appendix “B” to Report PED23144, be approved. Result: Motion
Moved by Cassar, seconded by M. Wilson
Carried
(a) That Zoning By-law Amendment Application ZAC-20-024, by A.J. Clarke and Associates (c/o Stephen Fraser, Agent), on behalf of 1376412 Ontario Inc. (c/o Ali Alaichi, Owner), for a change in zoning from the Existing Residential “ER” Zone to the Holding Residential Multiple “H- RM6-714” Zone, Modified, under Zoning By-law No. 87-57 (Ancaster), in order to permit a three storey multiple dwelling containing nine dwelling units with 14 surface parking spaces, for lands located at 140 Wilson Street West, as shown on Appendix “A” attached to Report PED23122, be APPROVED on the following basis: (i) That the draft By-law, as amended as follows, attached as Appendix “B” to Report PED23122, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; (1) Deleting “1.55” from subsection (f) Parking of the proposed Holding Residential Multiple “H-RM6-714” Zone, Modified, and replacing it with “1.33”; and, Planning Committee July 11, 2023 Minutes 23-011 Page 14 of 68 (2) Deleting “29 percent” from subsection (i) Minimum Landscaping of the proposed Holding Residential Multiple “H-RM6-714” Zone, Modified, and replacing it with “26 percent”. (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 introducing the Holding ‘H’ to the proposed Residential Multiple “RM6-714” Zone, Modified, as shown on Schedule ‘A’ to Appendix “B” attached to Report PED23122: The Holding Residenti
Moved by Cassar, seconded by Hwang
Carried
(a) That Condominium Conversion Application 25CDM-CONV-202307, by Bousfields Inc. c/o David Falletta and Gore Park Lofts Development Corp., Owner, to establish a Draft Plan of Condominium for 46 new residential units, one commercial unit and 46 storage lockers, on lands located at 121-125 King Street East (Hamilton), as outlined on the location map attached as Appendix “A” to Report PED23171, be APPROVED; and, Planning Committee July 11, 2023 Minutes 23-011 Page 16 of 68 (b) That staff be directed to prepare a list of conditions for Draft Plan of Condominium. Result: Motion
Moved by Kroetsch, seconded by Beattie
Carried
(a) That Planning and Economic Development Department staff, in conjunction with Legal Services staff, be directed to provide input to the Provincial Land and Development Facilitator under protest with respect to any private development proposals and associated community benefits within the lands removed by the Province from the Greenbelt Plan Area; Result: Main Motion, As Amended,
Moved by Tadeson, seconded by Hwang
Carried
(b) That the Ten Eleven Directions to Guide Development attached as Appendix “D”, as amended, to Report PED23046(a), which were previously approved by Council as part of the City’s Municipal Comprehensive Review process, be utilized as the framework for the City’s input to the Provincial Land and Development Facilitator with respect to any private development proposals within the lands removed by the Province from the Greenbelt Plan Areas; Direction #11 The City of Hamilton considers agricultural use to be of prime consideration, along with the protection of wetlands and natural heritage features. Result: Main Motion, As Amended,
Moved by Tadeson, seconded by Hwang
Carried
(c) That Planning and Economic Development Department staff be directed to schedule a public meeting of the Planning Committee for the purpose of obtaining public input as to the City’s priorities and expectations with respect to any private development proposals within the lands removed by the Province from the Greenbelt Plan Area; and, that staff consult with City of Hamilton Public Engagement staff to ensure: the statutory meeting meets best engagement practice as much as possible; that the statutory meeting be held in the evening, be live streamed, and be held at a publicly accessible facility that is in close proximity to the Book Road lands; and, that all MPP and MP's be extended an invitation to attend. Result: Main Motion, As Amended,
Moved by Tadeson, seconded by Hwang
Carried
(d) That Planning and Economic Development Department staff be directed to request public discussion except where excluded under the provisions of the Municipal Act, including public agendas, a list of participants and minutes. Result: Main Motion, As Amended,
Moved by Tadeson, seconded by Hwang
Carried
(e) That the Mayor send a letter regarding these recommendations to the Association of Municipalities of Ontario, Federation of Canadian Municipalities, Rural Ontario Municipal Association and all Ontario Municipalities. Result: Main Motion, As Amended,
Moved by Tadeson, seconded by Hwang
Carried
(a) That the General Manager of the Planning and Economic Development Department, or their delegate, be authorized and directed to prepare by- laws under the provisions of subsection 31(2) of the Municipal Act, as amended, and place before Council for enactment, to incorporate lands as a public highway, provided: (i) That the incorporating by-laws are in a standard form satisfactory to the City Solicitor; (ii) That, upon passage of the by-laws, the City Solicitor, or designate, be authorized and directed to register the by-laws. Result: Motion
Moved by A. Wilson, seconded by Tadeson
Carried
That the draft Amending By-law to Regulate On-Street Parking 01-218 as shown in Appendix “A” attached to Report PED23159 and in a form satisfactory to the City Solicitor, be approved. Result: Motion
Moved by M. Wilson, seconded by A. Wilson
Carried
(a) That Cash-in-Lieu of Parking Application CIL-22-003 by T. Johns Consulting Ltd., for Indwell Community Homes, Owner, for an exemption from the parking provisions of Zoning By-law No. 05-200 for four of the required nine parking spaces, for lands located at 174 and 180 Ottawa Street North, as shown on Appendix “A” attached to Report PED23167, be APPROVED on the following basis: (i) That the owner pays the Cash-in-Lieu of Parking sum of $1 for each of the four parking spaces; (ii) That the City Solicitor be authorized and directed to prepare the appropriate Cash-in-Lieu of Parking Agreement in accordance with Section 40 of the Planning Act and authorized to register the agreement on title of the subject land; (iii) That the City Clerk be authorized to provide a certificate in accordance with Section 40 (5) of the Planning Act when all money payable to the City under the Cash-in-lieu of Parking Cash-in-lieu of Planning Committee July 11, 2023 Minutes 23-011 Page 21 of 68 Parking Agreement has been paid or the agreement has been terminated. Result: Motion
Moved by Hwang, seconded by A. Wilson
Carried
(a) Recommendation to Designate 64 Hatt Street, Dundas, under Part IV of the Ontario Heritage Act (PED23124) (Ward 13) (Item 8.1) (i) That the City Clerk be directed to give notice of Council’s intention to designate 64 Hatt Street, Dundas, shown in Appendix “A” attached to Report PED23124, 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 PED23124, 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 Council to allow Council to consider the objection and decide whether or not to withdraw the notice of intention to designate the property. Planning Committee July 11, 2023 Minutes 23-011 Page 22 of 68 (b) Monthly Report on Proactive Listings for the Municipal Heritage Register, June 2023 (PED23146) (Ward 3) (Item 10.1) (i) That staff be directed to list the following properties on the Municipal Heritage Register as non-designated properties that Council believes to be o
Moved by A. Wilson, seconded by Tadeson
Carried
(a) That approval be given to deem Block 14 of Registered Plan 62M-1161 not to be part of a Registered Plan of Subdivision, for the purposes of Subsection 50(3) of the Planning Act, as shown on Appendix “A” to Report PED23097, on the following basis: (i) That the draft By-law, as Appendix “D” to Report PED23097, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; (ii) That the proposal to deem Block 14 of Registered Plan 62M-1161 not to be part of a Registered Plan of Subdivision is consistent with Planning Committee July 11, 2023 Minutes 23-011 Page 23 of 68 the Provincial Policy Statement (2020) and complies with the Urban Hamilton Official Plan. Result: Motion
Moved by Cassar, seconded by Tadeson
Carried
(a) That the Appeal of Sign Variance Application, SV-22-004 by the Owners 360 Lewis Investments GP Inc. c/o Joe Accardi, which seeks relief from Section 5.2.2 of Sign By-Law No. 10-197 to permit the replacement of two existing Ground Signs with new electronic Ground Signs, for the property known as 360 – 410 Lewis Road, Stoney Creek (as shown on Appendix “A” attached to Report PED23160) be DENIED, on the following basis: (i) That the requested variances are not in keeping with the general intent and purpose of Sign By-law No. 10-197; (ii) That the requested variances do not meet the tests stipulated in Sign By-law No. 10-197. Result: Motion
Moved by M. Wilson, seconded by A. Wilson
Carried
(a) That the Appeal of Sign Variance Application, SV-22-011, by the Owners 2228023 Ontario Inc. c/o Dan Gubekjian, which seeks relief from Section 5.2.2 of Sign By-Law No. 10-197 to allow for the existing Ground Sign with an electronic message display to allocate up to 50% of the sign area or 8.70 square metres for third party advertising, specifically for a business that is not on the property on which the Ground Sign is displayed or an activity, product or service that is not available on that property on digital Ground Sign; for the property known as 1038, 1040 and 1042 Garner Road West, Ancaster (refer to Appendix “A” attached to Report PED23149), be DENIED, on the following basis: (i) That the requested variance is not in keeping with the general intent and purpose of Sign By-law No. 10-197; (ii) That the requested variance does not meet the tests stipulated in Sign By-law No. 10-197. Result: Motion
Moved by M. Wilson, seconded by Cassar
Carried
That staff be directed to report back upon receipt of comments from Canadian National Railway on the Class 4 Area designation additional noise assessment information from the applicant and a peer review, if deemed necessary by staff and at the expense of the owner, of the updated noise and vibration study to confirm the assumptions made in the study relating to impulse sound levels and indoor noise levels for sleeping quarters for lands located at 115 and 121 Vansitmart Avenue. Result: Motion
Moved by Hwang, seconded by A. Wilson
Carried
WHEREAS, the owner of the above-mentioned property would like to demolish the building prior to obtaining a Building Permit for a replacement building; WHEREAS, the owner has plans to rebuild and is currently in the planning process, has received development approval and is working through site plan approval to redevelop the above property and the neighbouring property at 3250 Homestead Drive into a 40-unit condominium building. WHEREAS, the previous owner did receive a demolition permit for the rear portion of the house and was in the process of demolishing parts of the interior and exterior when the property was purchased in the summer of 2021. WHEREAS, The remaining house is beyond repair and dangerous for people to enter, yet people continue to break in. WHEREAS, neighbouring residents have encouraged the property owner to apply for a demolition permit as soon as possible to relieve the challenges and Planning Committee July 11, 2023 Minutes 23-011 Page 26 of 68 risks of vandalism and mischief at the property. THEREFORE, BE IT RESOLVED: That the Chief Building Official be authorized to issue a demolition permit for 3260 Homestead Drive, Glanbrook, 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 Area By-law 22-101. Result: Motion
Moved by Tadeson, seconded by McMeekin
Carried
WHEREAS, beginning in 2020 the Ministry of Transportation of Ontario made several changes to the Ontario licence plate renewal program which included the relaxation of renewal expectations over the course of the COVID-19 Pandemic followed by the elimination of, and refunding of, fees associated with the renewal of licence plates; WHEREAS, collectively changes to Ontario licence plate renewal program are believed to have made drivers less mindful, or aware of the need to renew their licence plates; WHEREAS, licence plate holders are required to pay outstanding fees, such as Administrative Penalties issued by the City for parking infractions, in order to renew their licence plate; WHEREAS, since the beginning of the COVID-19 Pandemic, the Hamilton Municipal Parking System and the City of Hamilton has observed an increase in uncollected Parking Penalty Revenues with the estimated cumulative impact on outstanding revenue being approximately $3-$3.5 M; and, Planning Committee July 11, 2023 Minutes 23-011 Page 27 of 68 WHEREAS, other municipalities have seen similar trends in increased outstanding revenues corresponding to changes in licence plate renewals. THEREFORE, BE IT RESOLVED: That the Mayor correspond with the Minister of Transportation to: (a) Outline concerns with respect to the observed link between changes to the Ontario licence plate renewal program and the City’s ability to collect outstanding parking penalty revenues; (b) Request if the Ministry of Transportation int
Moved by Danko, seconded by M. Wilson
Carried
(a) That the directions to staff in closed session respecting Report LS23023/PED22037(b) be approved; (b) That closed session recommendations (a), (b), (c), and (d) to Report LS23023/ PED22037(b) and Appendices “A”, “B”, “C” and “D” hereto, be Planning Committee July 11, 2023 Minutes 23-011 Page 28 of 68 approved and remain confidential until made public coincident with staff’s presentation of the City’s position to the Tribunal; (c) That the balance of this Report LS23023/PED22037(b) remains confidential. Result: Motion
Moved by Cassar, seconded by A. Wilson
Carried
That the agenda for the July 11, 2023 Planning Committee meeting be approved, as amended. Result: Motion
Moved by Pauls, seconded by Hwang
Carried
That the Minutes of the June 13, 2023 meeting be approved, as presented. Result: Motion
Moved by Tadeson, seconded by Cassar
Carried
That the following Delegations Requests be approved as follows: (i) Nicole Wilson respecting a Request to Withdraw the City's Appeal of Committee of Adjustment decision on 245 Mill Street (For the August 15th meeting) (Item 6.1) (ii) Bismarck Coca Jr., Pride Signs Limited, respecting Sign Variance Appeal for 360-410 Lewis Road (Item 11.10) (For today's meeting) (Item 6.2) Planning Committee July 11, 2023 Minutes 23-011 Page 34 of 68 (iii) Delegations respecting Provincial Amendments to the Greenbelt Plan (Item 11.4) (For today's meeting) (Item 6.3) (i) Sean Everingham (ii) Peter Appleton (iii) Nicole Tollenaar (iv) Patricia Baker (v) Mary Love (vi) Robert Wakulat (vii) Janwillem Jansen (pre-recorded video) (viii) Laura Katz (pre-recorded video) (iv) John Ariens, Arcadis, respecting Garner Road Sign Variance Appeal (Item 11.11) (For today's meeting) (Added Item 6.4) (v) Matt Johnston, Urban Solutions, respecting 382 Southcote Road (Item 11.1) (For today's meeting) (Added Item 6.5) (vi) David Falletta, Bousfields Inc., respecting 121-125 King St. E. (Item 11.3) (For today's meeting) (Added Item 6.6) (vii) Joe Hoffman, Goodmans LLP, respecting 121-125 King St. E. (Item 11.3) (For today's meeting) (Added Item 6.7) Result: Motion
Moved by Hwang, seconded by A. Wilson
Carried
That the delegation from Matt Johnston with Urban Solutions respecting Redesignation of Class 4 Noise Designation for 115 and 121 Vansitmart Avenue, be received. Result: Motion
Moved by Hwang, seconded by Pauls
Carried
That the Delegation from Bismarck Coca Jr. with Pride Signs Limited, respecting Sign Variance Appeal for 360-410 Lewis Road, be received. Result: Motion
Moved by Beattie, seconded by Cassar
Carried
That Carolyn Stupple be added as a Delegation for Provincial Amendments to the Greenbelt Plan (Item 11.4). Result: Motion
Moved by McMeekin, seconded by Cassar
Carried
That the following Delegations respecting Provincial Amendments to the Greenbelt Plan be received: (ii) Peter Appleton (pre-recorded video) (v) Mary Love (in-person) (vii) Janwillem Jansen (pre-recorded video) (viii) Laura Katz (pre-recorded video) (ix) Ian Borsuk (in-person) (xi) Carolyn Stupple (in-person) Result: Motion
Moved by A. Wilson, seconded by Kroetsch
Carried
That the Delegation from John Ariens with Arcadis respecting Garner Road Sign Variance Appeal, be received. Result: Motion
Moved by Cassar, seconded by Tadeson
Carried
That the Delegation from Matt Johnston with Urban Solutions respecting 382 Southcote Road (Item 11.1), be received. Result: Motion
Moved by Cassar, seconded by Tadeson
Carried
That the Delegation from David Falletta with Bousfields Inc. respecting 121-125 King St. E. (Item 11.3), be received. Result: Motion
Moved by Kroetsch, seconded by Beattie
Carried
That the Delegation from Joe Hoffman with Goodmans LLP, respecting 121-125 King St. E. (Item 11.3), be received. Result: Motion
Moved by Kroetsch, seconded by Pauls
Carried
That the staff presentation be waived. Result: Motion
Moved by Francis, seconded by Hwang
Carried
That the presentation from Katelyn Gillis with T. Johns Consulting Group Ltd., be received. Result: Motion
Moved by Francis, seconded by Pauls
Carried
(a) That the public submissions regarding this matter were received and considered by the Committee; and, (b) That the public meeting be closed. Result: Motion
Moved by Francis, seconded by Pauls
Carried
That the recommendations in Report PED23147 be amended by deleting sub-section (ii) and re-numbering the rest accordingly: (a) That Amended Zoning By-law Amendment Application ZAC-23-033 by T. Johns Consulting Group Ltd. c/o Katelyn Gillis on behalf of Guidos de Bres Christian High School, for a change in zoning from the Neighbourhood Institutional (I1) Zone to Community Institutional (I2, H152) Zone and Conservation / Hazard Land (P5) Zone, to permit the former elementary school building and associated lands to be converted to a secondary school (Guidos de Bres Christian High School) for lands located at 350 Albright Road, Hamilton, as shown on Appendix “A” attached to Report PED23147, be APPROVED on the following basis: (i) That the draft By-law, attached as Appendix “B” to Report PED23147, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; (ii) That Schedule “D” – Holding Provisions, of Zoning By- law No. 05-200, be amended by adding a Holding Provision as follows: Planning Committee July 11, 2023 Minutes 23-011 Page 43 of 68 H152. Notwithstanding Section 8.2 of this By-law, within lands zoned Community Institutional (I2, H152) Zone, identified on Map 1245 of Schedule A – Zoning Maps and described as 350 Albright Road, no development shall be permitted until such time as the applicant submits and receives approval of a Transportation Impact Study to the satisfaction of the Manager, Transportation Planning; (ii) That the propos
Moved by Francis, seconded by Beattie
Carried
That the delegation from Matt Johnston with Urban Solutions, be received. Result: Motion
Moved by Hwang, seconded by Pauls
Carried
(a) That the following public submission (Item 10.2 (a)) regarding this matter was received and considered by the Committee: (i) Drazen Spehar – In opposition to the development (b) That the public meeting be closed. Result: Motion
Moved by McMeekin, seconded by Beattie
Carried
That the delegation from James Webb with WEBB Planning Consultants Inc., be received. Result: Motion
Moved by Beattie, seconded by Hwang
Carried
(a) That the following public submission (Item 10.3 (a)) regarding this matter was received and considered by the Committee; and (i) Adam Sajgo – Concerns with development (b) That the public meeting be closed. Result: Motion
Moved by Beattie, seconded by Hwang
Carried
Planning Committee July 11, 2023 Minutes 23-011 Page 47 of 68 That the staff presentation be waived. Result: Motion
Moved by Cassar, seconded by Beattie
Carried
That the delegation from Katelyn Gilllis with T. Johns Consulting Group Ltd., be received. Result: Motion
Moved by Cassar, seconded by Beattie
Carried
Planning Committee July 11, 2023 Minutes 23-011 Page 48 of 68 (a) That the following written submissions (Item 10.4(a)), regarding this matter were received and considered by the Committee: and, (i) George J. Gresko, in Opposition to the application. (ii) Dylan and Gabrielle DePodesta, in Opposition to the application (b) That the public meeting be closed. Result: Motion
Moved by Beattie, seconded by Hwang
Carried
That the delegation from Glenn Wellings with Wellings Planning Consultants, be received. Result: Motion
Moved by Hwang, seconded by Pauls
Carried
(a) That the following written submission (Item 10.5 (a)) regarding this matter was received and considered by the Committee; and, (i) Rehab Alsayari – Concerns with the development (b) That the public meeting be closed. Result: Motion
Moved by Hwang, seconded by Pauls
Carried
That the Committee Recess from 12:35 p.m. to 1:15 p.m. Result: Motion
Moved by McMeekin, seconded by Tadeson
Carried
That the delegation from Peter De Iulio with Metropolitan Consulting Inc., be received. Result: Motion
Moved by Tadeson, seconded by Hwang
Carried
(a) That the following written submissions (Item 10.6(a)) regarding this matter were received and considered by the Committee: (i) Greg Halliday, Concerns with the application. (b) That the following public delegation (Added Item 10.6(b)) regarding this matter was received and considered by the Committee: (i) Carolyn Stupple (c) That the public meeting be closed. Planning Committee July 11, 2023 Minutes 23-011 Page 52 of 68 Result: Motion
Moved by Tadeson, seconded by Beattie
Carried
That the delegation from Mitch Gold with Forge & Foster, be received. Result: Motion
Moved by A. Wilson, seconded by Cassar
Carried
(a) That the written submissions (Item 10.7 (a)) regarding this matter were received and considered by the Committee; and, (i) Kevin Golem, Concerns with development (ii) Jarrid Radoslav, Concerns with development (b) That the public meeting be closed. Result: Motion
Moved by A. Wilson, seconded by Nann
Carried
That the staff presentation be received. Result: Motion
Moved by McMeekin, seconded by Tadeson
Carried
(a) That the following public submissions (Item 10.8 (a), (b) and (c)) regarding this matter were received and considered by the Committee; and, (i) Rob Stovel Jr. on behalf of Greenhorizons– Concerns with the Report Recommendations (ii) Aileen McMillan - Opposed (iii) Jeannette Macdonald McKibbon - Concerns (iv) Daniel Coleman - Opposed (v) Gus Mihailovich - Opposed (vi) Allison Barnes - Opposed (vii) David Falletta, Bousfields Inc. - Concerns Planning Committee July 11, 2023 Minutes 23-011 Page 55 of 68 (viii) Hailey Van Sickle - Opposed (ix) Laura Robson - Opposed (x) Tony Maddalena - Opposed (xi) Gail Moffatt - Opposed (xii) Margaret Tremblay - Opposed (xiii) Simon Caneo - Opposed (xiv) Elaine Harvey and Roger Connelly - Opposed (xv) Shania Ramharrack-Maharaj - Opposed (xvi) Patricia and Dennis Baker - Opposed (xvii) Marilyn Daniels - Opposed (xviii) Aileen McMillan - Opposed (xix) Eileen Booty - Concerns (xx) Cynthia Meyer - Opposed (xxi) Heather Yoell - Opposed (xxii) Caroline Hill Smith - Opposed (xxiii) John Corbett, Corbett Land Strategies Inc. - Comments (xxiv) Emma West, Bousfields Inc. – in support of the staff Recommendations (xxv) Anne Washington – Opposed (xxvi) Carolanne Forster – Concerns (xxvii) Liz Koblyk - Opposed (b) That the public meeting be closed. Result: Motion
Moved by A. Wilson, seconded by Kroetsch
Carried
That Report PED23119 respecting Applications for Official Plan Amendment and Zoning By-law Amendment for Lands Located at 382 Southcote Road, Ancaster, be
Moved by Cassar, seconded by A. Wilson
Deferred
(a) That the Draft Zoning By-law Amendment attached as Appendix “B” to Report PED23122 be amended by: (i) Deleting “1.55” from subsection (f) Parking of the proposed Holding Residential Multiple “H-RM6-714” Zone, Modified, and replacing it with “1.33”; and, (ii) Deleting “29 percent” from subsection (i) Minimum Landscaping of the proposed Holding Residential Multiple “H-RM6-714” Zone, Modified, and replacing it with “26 percent”. (b) That Staff be directed, through review of a Landscape Plan submitted to satisfy Holding Provision b) of the proposed Holding Residential Multiple “H-RM6-714” Zone, Modified, to work with the Applicant / Owner to: (i) Maintain as much landscaping area as possible within the subject lands and municipal boulevard and ensure adequate protection of Tree No. 2 on the Tree Protection Plan while ensuring the relocation of the proposed driveway access provides for safe and efficient pedestrian and vehicular traffic movement and visibility; and, (ii) Explore the potential to retain Tree No. 1 on the Tree Protection Plan, if possible. Result: Amendment
Moved by Cassar, seconded by Hwang
Carried
That the presentation from Steve Robichaud, Director of Planning and Chief Planner, respecting Provincial Amendments to the Greenbelt Plan (Greenbelt Plan Amendment No. 3), be received. Result: Motion
Moved by Hwang, seconded by Cassar
Carried
That the following written submissions be received: (i) Daniel Coleman – opposed to the proposed amendments/consulting with a Province Facilitator (ii) Karen Bouwman - opposed (iii) Alex Matheson - opposed (iv) Rose Janson – opposed (v) Geralynne Keech - opposed (vi) Michelle Tom - opposed (vii) Wyn Andress - opposed (viii) Rick Johnson - opposed (ix) Elaine Elson - opposed (x) Dieter Klaus - opposed (xi) Tracey Hancock - opposed (xii) Gus Mihailovich - opposed (xiii) Allison Barnes - opposed (xiv) Jill Tonini - opposed Planning Committee July 11, 2023 Minutes 23-011 Page 60 of 68 (xv) Andra Zommers - opposed (xvi) Robert Wakulat - opposed (xvii) John Corbett, Corbett Land Strategies – in support of the staff report (xviii) Martha Howatt - opposed (xix) Janet and Jim Fraser - opposed (xx) George Baier - opposed (xxi) Anna Vermaat - opposed (xxii) Patricia Cole-Stever - opposed (xxiii) Margaret Tremblay - opposed (xxiv) Lois Corey - opposed (xxv) Mike Gleadall - opposed (xxvi) Elaine Harvey and Roger Connelly - opposed (xxvii) Dorothy McIntosh - opposed (xxviii) John Radoman - opposed (xxix) Patricia and Dennis Baker - opposed (xxx) Robin Cameron - opposed (xxxi) Charlane Surerus - opposed (xxxii) Marilyn Daniels - opposed (xxxiii) Hailey Van Sickle - opposed (xxxiv) Laura Robson - opposed (xxxv) Grace Petz - opposed (xxxvi) Kathy Garneau - opposed (xxxvii) Marie Covert - opposed (xxxviii) Eileen Booty - opposed (xxxix) Cynthia Meyer - opposed (xl) Heather Yoell - opposed (xli
Moved by A. Wilson, seconded by Nann
Carried
That sub-section (a) to Report PED23046(a) be amended, as follows: (a) That Planning and Economic Development Department staff, in conjunction with Legal Services staff, be directed to provide input to the Provincial Land and Development Facilitator under protest with respect to any private development proposals and associated community benefits within the lands removed by the Province from the Greenbelt Plan Area; Result: Amendment
Moved by Danko, seconded by Cassar
Carried
That Report PED23046(a) be amended, by adding a new sub-section (d) as follows: (d) That Planning and Economic Development Department staff be directed to request public discussion except where excluded under the provisions of the Municipal Act, including public agendas, a list of participants and minutes. Result: Amendment
Moved by Danko, seconded by Cassar
Carried
That Appendix “D” to Report PED23045(a) be amended by adding a new Direction #11, as follows, and re-numbering the balance accordingly: Direction #11 The City of Hamilton considers agricultural use to be of prime consideration, along with the protection of wetlands and natural heritage features. Planning Committee July 11, 2023 Minutes 23-011 Page 63 of 68 Result: Motion
Moved by Danko, seconded by M. Wilson
Carried
That Report PED23046(a) be amended by adding a new sub-section (e), as follows: (e) That the Mayor send a letter regarding these recommendations to the Association of Municipalities of Ontario, Federation of Canadian Municipalities, Rural Ontario Municipal Association and all Ontario Municipalities. Result: Motion
Moved by Hwang, seconded by McMeekin
Carried
That Report PED23046(a) be amended by adding wording to sub-section (c) as follows: Planning Committee July 11, 2023 Minutes 23-011 Page 64 of 68 (c) That Planning and Economic Development Department staff be directed to schedule a public meeting of the Planning Committee for the purpose of obtaining public input as to the City’s priorities and expectations with respect to any private development proposals within the lands removed by the Province from the Greenbelt Plan Area; and, that staff consult with City of Hamilton Public Engagement staff to ensure: the statutory meeting meets best engagement practice as much as possible; that the statutory meeting be held in the evening, be live streamed, and be held at a publicly accessible facility that is in close proximity to the Book Road lands; and, that all MPP and MP's be extended an invitation to attend. Result: Motion
Moved by M. Wilson, seconded by A. Wilson
Carried
That the July 11, 2023 Planning Committee meeting be extended to 9:00 p.m. Result: Motion
Moved by Tadeson, seconded by Beattie
Carried
That the Committee Recess from 5:30 p.m. to 6:00 p.m. Result: Motion
Moved by Hwang, seconded by Tadeson
Carried
That the Committee support the proposed variances, as submitted. Result: Motion
Moved by Beattie, seconded by Tadeson
Defeated
That Committee move into Closed Session 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
Moved by Cassar, seconded by Hwang
Carried
(a) That the Closed Session Minutes dated June 13, 2023, be approved as presented; and, (b) That the Closed Session Minutes dated June 13, 2023, remain confidential. Result: Motion
Moved by Tadeson, seconded by A. Wilson
Carried
That there being no further business, the Planning Committee be adjourned at 6:59 p.m. Result: Motion
Moved by Tadeson, seconded by McMeekin
Carried

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