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A By-law to Authorize the Use of Optical Scanning Vote Tabulators for the 2025 Ward 4 By-Election to Fill the English Public School Board Trustee Vacancy, and to Repeal By-law 21-147

A By-law to Permanently Close a Portion of Road Allowance Abutting 400 McCrae Station Road, Flamborough, established by Townships East Flamborough and Puslinch, in the City of Hamilton, designated as Parts 1 and 2 on Reference Plan 62R-22159, being Part of PIN 17525-0182(LT)

To Confirm the Proceedings of City Council at its meeting held on October 9, 2024.

• Public Health Committee Report 24-008 – September 30, 2024
• Public Works Committee Report 24-013 – September 30, 2024
• Planning Committee Report 24-014 – October 1, 2024
• General Issues Committee Report 24-016 – October 2, 2024
• Audit Finance and Administration Report 24-017 – October 3, 202
• Emergency and Community Services Committee Report 24-007 – October 3, 2024
• Staff Report FCS24053 – English Public School Board By-Election: Voting Methods and Tabulating By-law

The amendments in this By-law include any necessary indexing, grammatical, numbering and lettering changes.

Schedule 8 (No Parking Zones)
Schedule 12 (Permit Parking Zones)
Schedule 14 (Wheelchair Loading Zones)

ZAC-23-004

Table 1: By-law No. 01-216 Regulating Municipal Parking Facilities
Table 3: By-law No. 01-218 Regulating On-Street Parking

To Designate Property Located at 291 King Street West, Dundas, City of Hamilton as Property of Cultural Heritage Value

To Confirm the Proceedings of City Council at its meeting held on September 25, 2024.

• Public Works Committee Report 24-012 – September 16, 2024
• Planning Committee Report 24-013 – September 17, 2024
• General Issues Committee Report 24-015 – September 18, 2024
• Audit Finance and Administration Report 24-016 – September 19, 2024
• Emergency and Community Services Committee Report 24-006 – September 19, 2024
• Hamilton Renewable Power Shareholder Report 24-001 – September 24, 2024
• Hamilton Street Railway Company Shareholder Report 24-001 – September 24, 2024

24-051-OLT-01 Attachment 1 - To Amend Zoning By-law No. 05-200 for Updates and Amendments to the Low Density Residential (R1) and Low Density Residential - Small Lot (R1a) Zones, and Creation of a new Low Density Residential - Large Lot (R2) Zone, Repeal and Replacement of Section 5: Parking, and Associated Technical Amendments

24-052-OLT Attachment 2 - To Delete and Replace Section 5: Parking of Zoning By-law No. 05-200

The Tribunal Orders that:

1. The appeals against Zoning By-law No. 24-052 of the City of Hamilton are allowed, in part, and the by-law is amended as set out in Attachment 2 to this Order and is deemed to have come into force on the day it was passed, being April 10, 2024, in accordance with subsection 34(31) of the Planning Act, save and except for: a. those sections thereof that remain under appeal on a City-wide basis as shown in Attachment 2 to this Order; b. Section 5.7.1(a)(i) "Multiple Dwelling; Dwelling Unit, Mixed use, where the total number of such units is 5 or greater", subsection (b) and 5.7.4(a)(ii) with respect to the lands known municipally as 999 Upper Wentworth Street, as shown on Attachment 3, attached hereto; c. Sections 5.1.4(a), ©, (d) and € and 5.6.4(a)(i) and (ii), with respect to the lands known municipally as 75 Centennial Parkway North, as shown on Attachment 4, attached hereto; and d. The sections noted in subparagraph [87]2. below, which shall come into foce at a future date as described therein.
2. The following sections of Zoning By-law 24-052 shall be deemed to come into force on all lands within the City other than 999 Upper Wentworth Street and 75 Centennial Parkway North at such time as the Section 3 definition of "Parking Space, Electric Vehicle" is in force, either through a future order of the Tribunal (which may include any modifications to such definition) or the withdrawal of any appeals of such definition, resulting in its coming into force without modification: a. Sections 5.1.4(b), (d) and €; and b. Sections 5.7.4(a)(ii).
3. The coming into effect of portions of Zoning By-law 24-052 shall be strictly without prejudice to, and shall not have the effect of: a. limiting the resolution of an Appellant's appeal; b. affecting a Party's right, to seek to modify, delete or add to the unapproved associated text; or c. limiting the jurisdiction of the Tribunal to consider and approve modifications, deletions or additions on a general or site-specific basis.
4. The coming into force of Section 5.7.1(a)(i) and 5.7.4(a)(ii) on certain lands in the City is without prejudice to the outstanding site-specific appeal of those provisions by Cadillac Fairview Corporation with respect to its property located at 999 Upper Wentworth Street, Hamilton, as shown on Attachment 3, attached hereto, and shall not have the effect of limiting that Appellant's rights to litigate those provisions as they relate to such lands, subject to subparagraphy [87]6. herein.
5. The coming into force of Sections 5.1.4(d) and € and 5.7.4(a)(ii) on certain lands in the City is without prejudice to the outstanding site-specific appeal of those provisions by Hammer GP LP and Hammer GP Services Corp. with respect to its property located at 75 Centennial Parkway North, Hamilton, as shown on Attachment 4, attached hereto, and shall not have the effect of limiting that Appellant's rights to litigate those provisions as they relate to such lands.
6. The City will not take the position that the Tribunal ought not to approve site-specific modifications to By-law 24-052 on the basis that they deviate from or are inconsistent with By-law 24-052 as in effect for other lands; however, this does not affect the City's right to assert that the in-effect provisions should be applied to any lands under a site-specific appeal without modification on the basis that they constitute good planning.
7. Notwithstanding anything ordered above, the City has not conceded that the following portion of By-law 24-052 that has not come into force and that is not deemed in effect is properly under appeal and the City has reserved the right to bring motions or take any other action to have the breadth and scope of such appeal determined by the Tribunal at a future date: a. Subsection 5.7.4(a)(ii), with respect to the property known as 999 Upper Wentworth Street, as shown on Attachment 3, attached hereto.

The Tribunal Orders that sections of Zoning By-law 24-052 that remain under appeal shall be determined through settlement efforts or merit hearings.  In all other respects, the Tribunal orders that the appeals are dismissed.  No further notice is required.  The member is not seized for a settlement or merit hearing for the sections of Zoning By-law No. 24-052 that remain under appeal.

OLT Case Number: OLT-24-000544