Author: Councillor Brad Clark

Here is a synopsis of where we are today.

On January 3, 2024 at 9:45am, I received the following email message from our planning staff, “This email is (sic) to let you know that we have a report recommending denial for the Official Plan Amendment and Zoning By-law Amendment applications at 1065 Paramount Drive which will be before the Planning Committee on January 16^th.  The notice of public meeting is expected to go out on January 9^th to those who wrote in, those who are within the required notification distance and will be posted in the Hamilton Spectator.”

Coincidently, on January 3, 2024 @ 12:12pm, I was advised by the developer’s planner that after being briefed by city planning staff on their concerns and their recommendation to deny the application, the developer filed an OLT appeal for a non-decision, 411 days after the original submission. As a result of this OLT appeal, the public is denied an opportunity to delegate to the committee as part of a planning hearing. After being advised of this situation, I worked with staff to request a very rare non-statutory meeting which provides the opportunity for residents to be formally heard at the planning Committee on February 6, 2024. These presentations will help our planning staff understand the level of concern on this project. These concerns will be considered as part of Council and staff’s deliberations to prepare our response to the appeal at the OLT.

At the Council meeting on  January  24, 2024, I successfully argued for the following amendment, “That staff prepare an information report in order to provide the public with the process staff followed with respect to the Urban Hamilton Official Plan Amendment Application UHOPA-23-005 and Zoning By-law Amendment Application ZAC-23-006 for Lands Located at 1065 Paramount Drive, Stoney Creek, including the rational for staff’s position on the matter and the history of the activities between the developer and the Planner.”

You can find that discussion by using this link, https://www.youtube.com/live/DIQ6CNmYXO4?si=7EtnfyudddeIu70d&t=2811

I would be remiss if I did not indicate that I am proud of the amount and quality of work completed by Senior Planner James Van Rooi. His prompt responses to my office and residents’ queries was appreciated by all. I am grateful that his comprehensive review of this application resulted in an intended recommendation to deny the OPA and rezoning.

For any resident wishing to speak in person or virtually at the non-statutory public meeting, you can file your request through this form: https://www.hamilton.ca/city-council/council-committee/council-committee-meetings/request-speak-committee-council

Members of the public who cannot attend in person or virtually you can provide comments in writing via mail or email in advance of the meeting on February 6, 2024. Comments can be submitted by emailing clerk@hamilton.ca or by mailing the Legislative Coordinator of the respective Committee, City of Hamilton, 71 Main Street West, 1st Floor, Hamilton, Ontario, L8P 4Y5. Comments must be received by noon the day before the meeting. Any written comments received after the deadline will be included on the next Council agenda.

Comments can also be placed in the drop box which is located at the back of the 1st Floor of City Hall, 71 Main Street West. All comments received by noon two business days before the meeting will be included in the agenda.

I hope this information is helpful for those wishing to be heard on this file.

On January 3, 2024 @ 9:45AM, I received the following email from Mr. James Van Rooi, Senior Planner (East Team), City of Hamilton, ^{“This email is to let you know that we have a report recommending denial for the Official Plan Amendment and Zoning By-law Amendment applications at 1065 Paramount Drive which will be before the Planning Committee on January 16th.  The notice of public meeting is expected to go out on January 9th to those who wrote in, those who are within the required notification distance and will be posted in the Hamilton Spectator.”}

On the same day at 12:12PM, I received an email from Mr. John Ariens. Here is an exact quote from the email, ^{“Just prior to the holiday break we met with Planning Staff and discussed the remaining planning issues regarding this development project. We thought that our 2nd submission had addressed all of the remaining technical and design issues and we were disappointed to learn that Planning Staff were still not supportive. Primarily due to concerns raised by the neighborhood rather than any technical concerns ( traffic, servicing, etc).. We subsequently met with our client and discussed the public concerns and issues and a decision was made to refer the matter to the OLT due to a non-decision. In all likelihood this is where the matter will ultimately end up anyway given the public opposition and hence our client made this decision. We hope that we can continue liaison with City Planners and that the Hearing can be scoped to deal  with the outstanding issues only. I think we all agree that this is an ideal location for intensification and that only height and density are in debate.”}

I advised Mr. Ariens that I cannot express how profoundly disappointed I am with their decision to appeal based on a non-decision. I recalled their commitment to hold two public meetings and see this process through to the planning committee hearing.

The irony is not lost on me that it has been 411 days since their application was filed. Only after being advised that city planners would recommend denial on January 16, 2024, (the city’s decision point) did the Planner file an appeal on behalf of his client to the Ontario Lands Tribunal for a “non-decision”, which could have been filed 120 days after their first application.

What does their decision mean to residents?

The decision to appeal to the OLT “for a non-decision” circumvents the legislated planning committee process whereby the city planners would present their recommendation, the applicant would respond, and residents would have an opportunity to provide comments both written and verbally. Under Ontario planning law, residents who participate in the planning committee hearing reserves their right to participate in any OLT appeal of the decision.

Request for a Non-statutory Public Meeting

Council approved a new policy setting out procedures for OLT appeals on February 28, 2018. This policy makes it possible to hold a non-statutory public meeting to give residents the opportunity to present their concerns about the impacts caused by the development whether negative or positive. At such a meeting, it is possible to hear from our planning staff and the rationale why they were going to recommend denial of the zoning change.

Based on this policy, I drafted a motion with assistance from city staff to request a non-statutory meeting. I asked Councillor JP Danko to sponsor my motion at the planning committee. I am pleased to report that my motion passed unanimously at committee on January 16, 2024. This recommendation from the planning committee will be on the agenda for ratification at Council on January 24, 2024.

I have been advised that the non-statutory public meeting regarding the proposed application for 1065 Paramount Drive will be held by the planning committee at Hamilton city hall on February 6, 2024. At Council, I will also be asking my colleagues to direct planning staff to release their report to the public to give residents an opportunity to review their assessment and recommendations.

At Council, I will also be asking my colleagues to direct planning staff to release their report to the public to give residents an opportunity to review their assessment and recommendations.

MOTION: Request for a Non-statutory Public Meeting for 1065 Paramount Drive

Whereas Urban Hamilton Official Plan Amendment Application UHOPA-23-005 and Zoning By-law Amendment Application ZAC-23-006 for Lands Located at 1065 Paramount Drive, Stoney Creek were received on November 18, 2022 and were deemed to be complete on December 13, 2022;

And whereas an appeal of these applications by the proponent for non-decision was received by the City Clerk’s Office on January 3, 2024, 411 days after the receipt of the applications;

And whereas the City of Hamilton adopted Council’s Procedures for Appeals on February 28, 2018;

(i) Where an appellant has agreed to postpone the scheduling of any hearing event until such time as Planning Committee has had an opportunity to consider the matter and that agreement has been communicated to the Ontario Municipal Board or its successor, that Planning staff be directed to process those matters accordingly and bring those matters to Planning Committee at a non-statutory public meeting for consideration and for direction to be given to the City Solicitor;

(ii) Where an appellant does not agree as described in (i), that Planning and Legal Services be directed to report back on the specific matter for further instructions or direction;

(iii) That the City Solicitor be instructed to oppose these appeals until such time as further instruction is given on any specific appeal.

Now therefore it be resolved: That staff be directed to schedule a non-statutory public meeting and give notice in accordance with the notice requirements of the Planning Act for Urban Hamilton Official Plan Amendment Application UHOPA-23-005 and Zoning By-law Amendment Application ZAC-23-006 for Lands Located at 1065 Paramount Drive, Stoney Creek.

Please be advised of the upcoming temporary lane closure on Ridge Rd to facilitate guide rail repairs.

Where: 316 Ridge Rd near New Mountain Rd.

When: Tuesday, January 16th, 2024, between 9:00 am and 3:00 pm

Traffic control will be in place during operation, allowing alternating single lanes of traffic. This work is weather-dependent, with the alternative rain day set as Wednesday, January 17^th, 2024.

Proposed budget highlights include:

• The proposed Budget includes a 4.3 per cent residential property tax increase ($207 per household) to maintain existing City services and provide for $19.2 million in important new investments in housing and homelessness initiatives.

• The proposed Budget also includes a 2.6 per cent tax increase ($125 per household) to cover the impacts of new provincial legislation that shifts infrastructure costs for new development from developers to City taxpayers.

• In addition, the proposed Budget reflects a 1.0 per cent tax increase ($50 per household) to accommodate a municipal investment in provincial hospital redevelopment.

• Overall, the 2024 proposed Budget represents an average residential property tax increase of 7.9 per cent.

In September, City Council was presented with a Budget Outlook that predicted a 14.2 per cent property tax increase, including the costs of covering provincially mandated impacts. The proposed 2024 Budget was created following Mayor Horwath’s direction to City staff to present a combined operating and capital budget that reduced the burden on taxpayers by responsibly using strategic reserves, screening budget submissions for redundancies and efficiencies, and prioritizing new spending against its ability to advance council identified priorities.

Round 2 of Public Engagement

The public will have an opportunity to delegate to Council on the proposed Budget on January 16, 2024.

Following the public delegations, the next steps for the budget process are as follows:

• January 19, 2024 – General Issues Committee Budget Overview; presentations from external economist and staff on the City of Hamilton’s Economic Outlook and Budget Overview
• January 22 to January 26, 2024 – General Issues Committee presentations from City Departments and from Boards and Agencies
• January 30, 2024 – General Issues Committee Budget Deliberations
• February 15, 2024 – Special Council Meeting to consider final budget approval

I have not had the opportunity to fully review this budget. But, I remain concerned about the overall increase in the 2024 operating expenditures. I appreciate the creative use of city reserves and debt to lower the tax increase on residential taxes to 7.9%. I am equally aware that any budget increases funded from city reserves does not lower the actual 2024 operating expenditures, it simply defers the hit to Hamilton taxpayers until 2025 or beyond. For example, using the original 14.2% projected increase in operating expenditures as an example, 7.9% would be funded from taxpayers and the remaining 6.3% would be funded from reserves. Next budget cycle, the City will start the budget process with a 6.3% increase to the taxpayers from 2024 increase in spending as well as any new spending in 2025. Using reserves to fund annualized operating expenses is simply borrowing from the city’s reserves (savings account) to defer 2024’s property tax increases to 2025 or beyond. I cannot support this strategy and I look forward to participating in Council’s budget deliberations.

HCA is thrilled to announce the successful acquisition of the last parcel of land required to finalize the Saltfleet Wetland Restoration Program. Learn more on our website: https://t.co/PwQLzvapgj

— Hamilton CA (@Hamilton_CA) December 21, 2023

When I was first elected, Upper Stoney Creek had two small conservation areas, Devils Punch Bowl and Felker’s Falls.

Working with both PC & Liberal provincial governments and the Friends of the Eramosa Karst, we were able to save the Eramosa Karst and the Feeder Lands. Both are now under the control of the Hamilton Conservation Authority and is one of our most popular conservation areas.

More recently working with one of the strongest HCA Boards in recent history, our professional, expert staff, the Heritage Green Community Trust and many community donors we launched our first engineered wetland at the Saltfleet Conservation Area. Today, we have secured the last parcel of land needed to complete our goal of four wetlands that will help protect lower Stoney Creek from flooding. We also purchased the property known as the Devils Punch Bowl Market.

These property acquisitions will help with our climate change initiatives to abate flooding while creating spectacular wetlands with trails and observations areas for hikers.

Many years ago, former Chair James Howlett lamented that East Hamilton lacked Conservation lands. I am sure that James is looking down from heaven with pride. Personally, I am honoured to have have had the opportunity to work with a committed HCA board, staff, donors and volunteers to expand these popular Conservation Areas while abating future flooding. Well done everyone!