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Planning Committee Agenda for September 4, 2013

City of Hamilton crest

City of Hamilton

Wednesday, September 4, 2013

9:30 a.m.

Council Chambers
City Hall
71 Main Street West
Hamilton, Ontario

Vanessa Robicheau
Legislative Coordinator
(905) 546-2424 ext. 2729

Please note: All electronic devices to be switched to a non-audible function during Council and Committee meetings.

Committee Agenda, Live Webcasting as well as Archived Meeting Video is available on-line at www.hamilton.ca


  1. CHANGES TO THE AGENDA

    1.         DELEGATION REQUESTS

               

    4.4       Delegation Request from Ed Fothergill and John Clinton respecting a request to bring forward and approve 22-24 Emerald Street South (tabled August 13, 2013) for today’s agenda 

     

    4.5      Delegation Request from Sheryl Fink, International Fund for Animal Welfare, respecting the Responsible Animal Ownership By-law and Item 6.1 on today’s agenda

     

    4.6      Delegation Request from Florine Morrison, Zoocheck Canada, respecting the Responsible Animal Ownership By-law and Item 6.1 on today’s agenda

     

    4.7      Delegation Request from Karl Mullen respecting Item 8.4 on today’s agenda – Report PED12128, Application for an Amendment to Township of Glanbrook Zoning By-law No. 464 for the Lands Located at 3250 Homestead Drive (Glanbrook) 

     

    4.8       Delegation Request from David Hayes respecting Item 8.4 on today’s agenda – Red Hill Business Park South Transportation Master Plan Addendum (PED13146) (Ward 11)

     

    4.9       Delegation Request from Dawn Ludwig respecting Item Item 8.4 on today’s agenda – Red Hill Business Park South Transportation Master Plan Addendum (PED13146) (Ward 11)

     

    4.10    Delegation Request from Phylis Bezeau respecting Item 8.4 on today’s agenda – Red Hill Business Park South Transportation Master Plan Addendum (PED13146) (Ward 11)

     

    4.11    Delegation from Hugh Brown respecting Item 6.3 on today’s agenda – Report PED13115 - Application to Amend Glanbrook Zoning By-law No. 464 for Lands Located on the South Side of Rymal Road Within the “Red Hill Summit Estates East” Draft Approved Plan of Subdivision (Ward 11)

     

    4.12    Delegation Request from Ann Tennier, of Maple Leaf Foods, respecting Item 8.4 on today’s agenda – Red Hill Business Park South Transportation Master Plan Addendum (PED13146) (Ward 11)

      

    2.         PRIVATE AND CONFIDENTIAL

     

    12.2    Motion for Leave to Appeal to Divisional Court of OMB Decision In Respect of OMB Appeals of ROPA 43, Ancaster OPA 137,  ZBA (By-law 11-191), Draft Plan of Subdivision 25T–201005  (1125-1143 Wilson Street West, Ancaster) LS13030 (Ward 12 Ancaster) (delivered under separate cover)

     

    Pursuant to Section 8.1, Sub-sections (e) and (f) of the City's Procedural By-law 10-053, and Section 239, Sub-sections (e) and (f) 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 City; and, advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

     

     

    12.3    OMB Decision in respect of appeal by Lynwood Charlton Centre from Council’s refusal to enact a proposed zoning bylaw amendment to rezone lands at 121 Augusta Street  (LS13031) (Ward 2) (delivered under separate cover)

                 Appendix A to Report LS13031 - Public Document

     

    Pursuant to Section 8.1, Sub-sections (e) and (f) of the City's Procedural By-law 10-053, and Section 239, Sub-sections (e) and (f) 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 City; and, advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

  2. DECLARATIONS OF INTEREST
  3. APPROVAL OF MINUTES

    3.1         August 13, 2013

  4. PRESENTATIONS
  5. MOTIONS
  6. NOTICES OF MOTION
  7. GENERAL INFORMATION AND OTHER BUSINESS

     

    11.1      Outstanding Business List Amendments

                                              

    Items to be removed:

     

    (a)       Item H:           Application for an Amendment to Township of Glanbrook Zoning By-law No. 464 for the Lands Located at 3250 Homestead Drive

     

    (b)       Item Z:            By-law Advertising: Provisions of Public Notice Report

     

    (c)        Item HH:        Delegation from Farzad Karambakhsh respecting 3250 Homestead Drive (PED12128) Outstanding Business List Item

     

    11.2    News from the General Manager

  8. PRIVATE AND CONFIDENTIAL

    12.1    Closed Session Minutes – August 13, 2013 (delivered under separate cover)

  9. ADJOURNMENT
  10. OUTSTANDING BUSINESS

    Item

    Issue

    Date Action Initiated

    Lead Dept./ Division

    Status

    Due Date

    A

     

     

    Rate for Parkland Dedication for  school board facilities

    April 15, 2009

    (EDP 09-008)

     

     

    Council

    March 9, 2011

     

     

    April 5, 2011

    (PC 11-007)

    and

    Council

    April 13, 2011

    Joint City/Board Committee

    5% parkland dedication for schools referred back to staff

     

    Council referred back to Cmmtt and to the School Brds.

     

    Apr. 5/11 – Cmmtt referred to Joint School Brd Liaison Cmmtt to discuss compromise. Staff report back to Cmmtt

    TBD

    B

    Woodland Manor

    (PED08306)

    January 20, 2009

    (EDP 09-002)

    PED: Planning

    Jan 20/09 – Staff to review items identified at meeting and report back

    December 3, 2013

    C

    Pleasantview, Dundas, divesting of four properties

    (PED11052)

    April 5, 2011

    (PC 11-007)

    PED: Planning

    Staff investigate divesting of four City properties, (exclude Nigel Charlong Cmmnty Cntr (Old Guelph Road), and unopened road allowances, report to Council re: disposition of properties.

    November 19, 2013

    D

    Protection Measures for Existing Stable Residential Areas

    (Monster Homes)

    (PED11196)

    April 19, 2011

    (PC 11-008)

     

    December 6, 2011

    PED: Planning

    Staff report back with possible interim solutions to manage monster homes across the City of Hamilton, including a possible interim control bylaw.

    Sept. 17, 2013

    E

    Racing Pigeons

    Council referral to PC

    January 25, 2012

    PED: Parking and
    By-law Services

    Referred back to staff to consult with the Canadian Racing Pigeon Union Inc. to amend the existing by-law No. 12-031 to accommodate racing pigeons and include amendments to address the current feral pigeon issues in the urban areas of the City of Hamilton.

    November 5, 2013

    F

    By-law 05-200, to  Modify General Commercial “C3-116” and “C3-117” Zone and add Site Specific General Commercial “C3-275” Zone to the Glanbrook Zoning By-law No. 464

    April 17, 2012

     

    PED12062

    PED: Planning

    Tabled for staff to engage in discussion with the Ministry of the Environment

    Sept. 17, 2013

    G

    Municipal Services and Property Taxation on Condo Properties

    Council: April 26, 2012

    (FCS12020/PW12011)

    PED:

    Planning

    Evaluate the feasibility of reviewing the Guidelines for Site Plan Reviews with the Condo Corp Institute and report to PC

    Sept 17, 2013

    H

    Application for an Amendment to Township of Glanbrook Zoning By-law No. 464 for the Lands Located at 3250 Homestead Drive

    July 10, 2013

    PED12128

    PED: Planning

    be tabled for further consultation between the Ward Councillor and the Applicant.

    TBD

    I

    Dust Control:

    Clean Air Hamilton 2011 Progress Report (BOH12015) (City Wide)

    Council

    July 12, 2012

    PED: Parking and By-law Services

    That Planning staff or Public Works staff investigate methods to insure that dust is mitigated/suppressed at construction sites within the City of Hamilton, and report back to BOH

    Q1 2014

    J

     Binbrook Heights Addition”, on Lands Located at 139 Fall Fair Way (Glanbrook)

    PED12182

    November 6, 2012

     

     

     

     

     

     

     

     

     

    April 2, 2013

    PED: Growth Mgmt

    deferred to the next Planning Committee meeting pending the results of the interim report regarding the flooding in Binbrook Village and pending confirmation and corrective action from the Senior Director of Growth Mgmt respecting adequate sewer capacity in the development to handle additional flow

     

    Be referred back to staff for a report back following completion of the hydrologic and hydraulic analysis of the storm conveyance systems

    October 15, 2013

    K

    38 Strachan St. W/344 Bay St. N

    Notice of Motion

    March 20, 2012

    Ward Councillor

    feasibility and the positive and negative aspects of creating an Urban Design Panel

    Design review committee (in part made up of area residents) in the design stage of the development process for these lands.

    TBD

    L

    Proposed Permanent Closure and Sale of a Portion of the Road Allowance of Limeridge Rd

    Council

    October 30, 2012

    (PW12071)

    PED: Economic Development

    Report to Planning on sale cost, site plan and possible legal implications prior to the sale

    Q4 2013

    M

    RV Parking

    November 6, 2012

    PED: Planning

    That back with an amending by-law to the Stoney Creek by-law to limit parking of recreational vehicles on properties in residential areas.

    Sept 17, 2013

    N

    City of Hamilton Revised Sidewalk Policy for New Development (PED12234) (City Wide)

    December 4, 2012

    PED: Growth Mgmt

    Referred back to staff and that the revised sidewalk policy be reviewed and reported back as part of the report on the Comprehensive review of engineering guidelines for development.

    November 19, 2013

    O

    Regulation of Rental Housing

    December 11, 2012

     

    June 18, 2013

    PED: Planning

    That staff report back to the Planning Committee with options and alternatives related to the licensing of rental housing.

    Sept 2013

    P

    Hamilton Municipal Heritage Committee Report 12-006

    (Proactive Heritage Building Protection Strategy)

    January 15, 2013

    PED: Planning

    Item 2, be referred to staff for a report on the Hamilton Municipal Heritage Committee recommendations.

     

    (a) That the properties identified in the Downtown Built Heritage Inventory that meet one of the criteria identified for designation in the Ontario Heritage Act be added to the registry;

    December 3, 2013

    Q

    Business Licensing Fee Review (PD01104(g))

    January 15, 2013

    PED: Parking and By-Law Services

    That staff review legislative authority of municipalities to assign penalties (fines) regarding business licensing compliance and show cause hearings.

    That staff report back to the Planning Committee, in detail, on the justification for the License Fee increases.

    Sept. 17, 2013

    R

    Development of an Urban Woodland Conservation By-law

    GIC 13-001

     

    Council

    January 23, 2013

    PED: Planning

    report back and hold public meeting to the Planning Committee on options for a draft Urban Woodland Conservation By-law, specifically addressing current urban woodland clear-cutting (see full motion for more details)

    Sept. 17, 2013

    S

    Vehicle Inspection Manual for Taxis (PD05141(c)) (City Wide) (Item 8.1)

    February 19, 2013

    PED: Parking and By-law Services

    Staff review standards for modification of accessible taxis & consult with Transport Canada; the standards for modification of accessible taxis be added to the vehicle inspection manual PD05141(c).

    2014

    T

    By-law to Regulate Parking on Boulevards and Front and Side Yard

    (PED13042)

    March 19, 2013

    PED: Parking and By-law Services

    Referred back to staff and Ward Councillors for further consideration and consultation.

    October 15, 2013

    U

    (B) Amendments to the Site Alteration By-law No. 03-126, as Amended by By-law No. 05-115 and Further Amended by By-law No. 11-262 (PED12184(a))

    April 2, 2013

    PED: Building Services

     

    Historical analysis of enforcement on grading complaints, orders issues, stop work orders or charges and any other related information from the period between January 2011 and December 2012.

    October 1, 2013

    V

    (C) Amendments to the Site Alteration By-law No. 03-126, as Amended by By-law No. 05-115 and Further Amended by By-law No. 11-262 (PED12184(a))

    April 2, 2013

    PED: Growth Management

    Number of complaints on mud tracking in new subdivisions over the last two years; the amount of time it took to bring the developer into complaints; the number of repeated times on any one site after compliance was met; and how many charges were laid.

    October 15, 2013

     

     

     

     

     

     

     

    W

    Binbrook Sanitary and Stormwater Systems Performance (PED12182(a)/PW13016)

    April 2, 2013

    PED: Growth Mgmt

    /PW: Hamilton Water

    be referred back to staff to consult with Councillors and to develop a cohesive City Wide program.

    October 15, 2013

    X

    Hamilton Taxi Owners and Operators

     

    Petition from the Ontario Taxi Workers Union respecting increased taxi insurance rates, increasing rates, and potential solutions to aid in this problem.

    Council

    March 27, 2013

     

     

     

    Council

    August 16, 2013

    PED: Parking and By-law Services

    The correspondence was referred to Planning for a report back. -What other municipalities are doing to address increasing insurance premiums

    -an overview of the legislation

     

    Be referred for a report to the Planning Committee.

    October 15, 2013

    Y

    Municipal Costs for Appeals to the Ontario Municipal Board for Municipal Decision on Mineral Aggregate Resource Developments

    Council

    April 10, 2013

    PED: Planning

    Correspondence from Municipality of Trent Lakes. Referred for a report back to Planning Committee

    October 15, 2013

    Z

    By-law Advertising: Provisions of Public Notice Report

    April 2, 2013

    City Clerk’s

    The City Clerk prepare a report back on the provision of public notice and the City advertisements in the news papers

    TBD

    AA

    Fifty Road

    April 30, 2013

    PED: Planning

    That staff have formal discussion with CN regarding any/all improvements including a grade separation at the Fifty Road Crossing; report back on the timeline of the improvements on Fifty Road including the Barton Street intersection to accommodate current and future developments.

    Sept. 17, 2013

    BB

    Quick Wins Projects Update - King Street Bus Only Lane & A and B Line Passenger Amenities (PW11079(d)) (City Wide) (Item 7.2)

    Council

    May 22, 2013

    PED: Parking and By-law Services and

     

    Public Works

    (c)        That the General Manager, Planning and Economic Development, be authorized to revise the Parking Bylaw to reflect changes as part of the A and B Line Passenger Amenities and King Street Bus Only Lane.

    (d)       That staff be directed to Report to the General Issues Committee at the conclusion of the one year pilot program for a Bus Only Lane on King Street.

    TBD

    CC

    Synergies between infrastructure Development and New School Openings (Added Item 10.1 & 9.2)

    Council

    May 22, 2013

    PED: Growth Mgmt

    Synergies between Infrastructure Development and New  School Openings, be referred to the Outstanding Business List of the Planning Committee.

    (a)       Staff were directed to Report back to the Planning Committee with:

    (i)         An investigation that assesses the contributing factors that create a lack of synergy and coordination between the development of City infrastructure and the opening of new schools;

    (ii)        A proposed plan of action to prevent future scenarios where a school opens without adequate City infrastructure in place. 

    (b)       That a copy of the Motion be forwarded to the Joint City of Hamilton School Board Liaison Committee for information.

    October 15, 2013

    DD

    City Initiative to Amend Hamilton Zoning By-law No. 6593 for the Properties Located at 118 to 338 Mountain Brow Boulevard (Hamilton) (PED13101)

    June 4, 2013

    PED: Planning

    That staff review and report back on the existing zoning regulations for the area along Mountain Brow Boulevard from 340 Mountain Brow Boulevard to Mohawk Road East.

    December 3, 2013

    EE

    Establishment of a Specialized By-law Enforcement Unit (PED13108) (City Wide) (Item 5.1)

    June 18, 2013

    PED: Parking and By-law Services

    That staff meet with the police to discuss Municipal Law Enforcement safety after 1:00 am and report back to Planning Committee.

    November 5, 2013

    FF

    Parked Facing the Wrong Way (PED13109) (City Wide)

    July 9, 2013

    PED: Parking and By-law Services

    a more thorough breakdown of the statistics (including time of day), when the Hamilton Police Service is enforcing and to what extent; the breakdown of Municipal Law Enforcement versus Hamilton Police Service enforcement; the breakdown of safety concerns versus neighbourhood disputes; and on how many occasions the Hamilton Police Service writes tickets that are deemed to be invalid;

     

    feasibility that Municipal Law Enforcement be the sole responsibility with respect to parking facing the wrong way;

     

    Hamilton Police Service be requested to adopt the same policy as it relates to the City of Hamilton Parking By-law (By-law 01-218).

    December 3, 2013

    GG

    Appeal of the City of Hamilton Committee of Adjustment Decision to Approve Severance Application HM/B-13:27, Louis Serafini, Fengate Capital Management Ltd. (Owner), 1400 Upper James Street

    July 9, 2013

     

    (PED13123)

    N/A

    be referred to the September 4, 2013 meeting of the Planning Committee.

    Sept 4, 2013

    HH

    Delegation from Farzad Karambakhsh respecting 3250 Homestead Drive (PED12128)

    July 9, 2013

    N/A

    be referred to the September 4, 2013 meeting of the Planning Committee.

    Sept 4, 2013

    II

    Delegation from Jagtar Singh Chahal respecting challenges in the taxi industry

    July 9, 2013

    PED: Parking and By-law Services

    That staff work with the taxi consultant to present a plan of action to address the serious problem of escalating insurances rates to the Planning Committee no later than September 17, 2013.

    Sept 17, 2013

    JJ

    Application for an Amendment to City of Hamilton Zoning By-law No. 05-200 for Lands Located at 22 - 24 Emerald Street South (Hamilton) (PED13119) (Ward 3)

    August 13, 2013

    Ward Councillor

    tabled for a  future meeting to allow for the Ward Councillor to conduct public meetings.

    TBD