Minutes of Guelph City Council

Tuesday, October 17, 2023 at 6:00 P.m. - 10:00 P.m.

Council Chambers

Guelph City Hall, 1 Carden Street

Council:

• Mayor C. Guthrie
• Councillor P. Allt
• Councillor C. Billings
• Councillor L. Busuttil
• Councillor L. Caron
• Councillor E. Caton
• Councillor K. Chew
• Councillor C. Downer
• Councillor D. Gibson
• Councillor R. Goller
• Councillor C. Klassen
• Councillor D. O'Rourke
• Councillor M. Richardson

Staff:

• S. Stewart, Chief Administrative Officer
• C. Clack-Bush, Deputy Chief Administrative Officer, Public Services
• J. Holmes, Deputy Chief Administrative Officer, Infrastructure, Development and Enterprise Services
• T. Lee, Deputy Chief Administrative Officer, Corporate Services
• T. Baker, General Manager, Finance/City Treasurer
• C. DeVriendt, Manager, Development Planning
• S. O'Dwyer, Manager, Financial Strategy and Long-Term Planning
• K. Walkey, General Manager, Planning and Building Services
• K. Nasswetter, Senior Development Planner
• K. McCormick, Senior Development Planner
• S. Robinson, Senior Heritage Planner
• L. Sulatycki, Senior Development Planner
• K. Yaraskavitch, Senior Corporate Analyst, Financial Strategy
• D. McMahon, Manager, Legislative Services/Deputy Clerk
• G. Meades, Council and Committee Coordinator
• C. Murray-Sprague, Council and Committee Coordinator
• A. Sandor, Council and Committee Assistant

Also Present:

• Byron Tan, Manager, Municipal Finance Watson & Associates Economists LTD., David Cameletti, Member of the Heritage Guelph Committee

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1.

Call to Order

Mayor Guthrie called the meeting to order (6:11 p.m.).

1.4

Disclosure of Pecuniary Interest and General Nature Thereof

Councillor Caron disclosed a pecuniary interest regarding item 4.1. 716 Gordon Street Official Plan and Zoning By-law Decision, as the development of a student residence directly across the street from campus, has the potential to affect Councillor Caron's employment as Manager, Admissions and Marketing for Student Housing at the University of Guelph. 

2.

Council Consent Agenda

2.1

131 Ontario Street: Notice of Intention to Designate, 2023-315

• Moved By Councillor Billings
  Seconded By Councillor Richardson
  1. That the City Clerk be authorized to publish and serve notice of intention to designate 131 Ontario Street pursuant to Part IV, Section 29 of the Ontario Heritage Act.
  2. That the designation bylaw be brought before Council for approval if no objections are received within the thirty (30) day objection period.

2.2

33-35 James Street West - Proposed demolition of a heritage structure designated under Part V of the Ontario Heritage Act, 2023-385

• 1. That the demolition of the detached dwelling at 33-35 James Street West be approved.

  Voting in Favour: (13)

  Mayor Guthrie, Councillor Gibson, Councillor Goller, Councillor Allt, Councillor Downer, Councillor O'Rourke, Councillor Billings, Councillor Caron, Councillor Caton, Councillor Klassen, Councillor Richardson, Councillor Busuttil, and Councillor Chew

  Carried (13 to 0)

3.

Public Meeting to Hear Applications Under Sections 17, 34 and 51 of The Planning Act

3.1

Public Meeting Report 331 Clair Road E. Zoning By-law Amendment, 2023-377

Kelley McCormick, Senior Development Planner, introduced the application. 
The following delegates spoke:
Emily Elliott, agent for the applicant, explained the application. 
James Nagy, expressed concern about the interconnectivity of surrounding potential developments. 

• Moved By Councillor Klassen
  Seconded By Councillor Allt
  1. That report 2023-377 regarding proposed Zoning By-law Amendment application (File OZS23-007) from MHBC Planning on behalf by the owner, 2488995 Ontario Ltd. (Reid’s Heritage Homes partnership), to permit the development of 8 stacked townhouse blocks comprising of 136 units, on the lands municipally known as 331 Clair Road East, from Infrastructure, Development and Enterprise Services dated October 17, 2023, be received.

  Voting in Favour: (13)

  Mayor Guthrie, Councillor Gibson, Councillor Goller, Councillor Allt, Councillor Downer, Councillor O'Rourke, Councillor Billings, Councillor Caron, Councillor Caton, Councillor Klassen, Councillor Richardson, Councillor Busuttil, and Councillor Chew

  Carried (13 to 0)

3.2

Statutory Public Meeting Report 55 Baker St, 152 and 160 Wyndham St N Proposed ZBA File OZS23-008 - 2023-383

Lindsay Sulatycki, Senior Development Planner, introduced the application.
The following delegates spoke:
Hugh Handy, agent for the applicant and Stuart Cooper, the development manager, presented the application together. 

• Moved By Councillor Richardson
  Seconded By Councillor Allt
  1. That the Statutory Public Meeting Report regarding a proposed Zoning By-law Amendment application submitted by GSP Group Inc., on behalf of Windmill Development Group Ltd., to permit the development of two 15-storey mixed-use towers containing 353 residential dwelling units with ground floor commercial, underground parking and a future stacked townhouse block on the lands municipally known as 55 Baker Street, 152 and 160 Wyndham Street North and legally described as Part of Burying Ground, and Part of Lane Through Burying Ground, Registered Plan 8, Closed by MS80255, Designated as Parts 5, 6 and 7 on Plan 61R-21815, Part of Burying Ground, Part of Lots 73 and 74, and Part of Lane at the Rear of Lots 73 and 74 (Known as Park Lane), Closed by CS31228; Registered Plan 8, Designated as Parts 1, 2, 3, & 4, Reference Plan 61R-21815; Subject to Easement over Part 2, 61R-21815 as in Instrument ROS557919 and Subject to Easement over Part 3, 61R-21815 as in Instrument ROS573090, City of Guelph, from Infrastructure, Development and Enterprise dated October 17, 2023 be received.

  Voting in Favour: (13)

  Mayor Guthrie, Councillor Gibson, Councillor Goller, Councillor Allt, Councillor Downer, Councillor O'Rourke, Councillor Billings, Councillor Caron, Councillor Caton, Councillor Klassen, Councillor Richardson, Councillor Busuttil, and Councillor Chew

  Carried (13 to 0)

4.

Items for Discussion

Councillor Caron left the meeting and did not participate in debate or discussion.

4.1

716 Gordon Street Official Plan and Zoning By-law Decision - 2023-378

The following delegates spoke:
Mauricio Fernandez,
Georgia Mason,
Bill Mungall.

• Moved By Councillor O'Rourke
  Seconded By Councillor Richardson
  1. That the application from GSP Group Inc. on behalf of 2319426 Ontario Inc., for an Official Plan Amendment to permit the development of an eleven (11) storey mixed-use apartment building with 532 apartment units and 90 square metres of commercial space on the property municipally known as 716 Gordon Street and legally described as Part Block A, Plan 552, as in MS76543, Part Lot 2 on 61R4090 save and except Part Lot 7 WGR94, City of Guelph be approved in accordance with Attachment-3 of the Infrastructure, Development and Enterprise Report 2023-378, dated October 17, 2023.
  2. That the application from GSP Group Inc. on behalf of 2319426 Ontario Inc., for a Zoning By-law Amendment to amend the current specialized “High Density Residential Apartment” (R.4B-14) Zone to a revised specialized “High Density Residential Apartment” (R.4B-14 (H)) Zone in the 1995 Comprehensive Zoning By-law (1995)-14864, as amended; and from the current specialized “High Density Residential” ((RH.7-4(PA)) Zone to a revised specialized “High Density Residential” ((RH.7-4(PA)(H)) zone in the 2023 Comprehensive Zoning By-law (2023)-20790, to permit the development of an eleven (11) storey mixed-use apartment building with 532 apartment units and 90 square metres of commercial space on the property municipally known as 716 Gordon Street and legally described as Part Block A, Plan 552, as in MS76543, Part Lot 2 on 61R4090 save and except Part Lot 7 WGR94, City of Guelph be approved in accordance with Attachment-4 of the Infrastructure, Development and Enterprise Report 2023-378, dated October 17, 2023.
  3. That in accordance with Section 34(17) of the Planning Act, City Council has determined that no further public notice is required related to the minor modifications to the proposed Zoning By-law Amendment affecting 716 Gordon Street.
• Amendment to main motion
  Moved By Councillor Downer
  Seconded By Councillor Richardson
  1. That Council direct staff to invite the Mayfield Park Community Group to view and provide feedback to the site plan for 716 Gordon Street. 

  Voting in Favour: (12)

  Mayor Guthrie, Councillor Gibson, Councillor Goller, Councillor Allt, Councillor Downer, Councillor O'Rourke, Councillor Billings, Councillor Caton, Councillor Klassen, Councillor Richardson, Councillor Busuttil, and Councillor Chew

  Carried (12 to 0)
• Main Motion as Amended
  Moved By Councillor O'Rourke
  Seconded By Councillor Richardson
  1. That the application from GSP Group Inc. on behalf of 2319426 Ontario Inc., for an Official Plan Amendment to permit the development of an eleven (11) storey mixed-use apartment building with 532 apartment units and 90 square metres of commercial space on the property municipally known as 716 Gordon Street and legally described as Part Block A, Plan 552, as in MS76543, Part Lot 2 on 61R4090 save and except Part Lot 7 WGR94, City of Guelph be approved in accordance with Attachment-3 of the Infrastructure, Development and Enterprise Report 2023-378, dated October 17, 2023.
  2. That the application from GSP Group Inc. on behalf of 2319426 Ontario Inc., for a Zoning By-law Amendment to amend the current specialized “High Density Residential Apartment” (R.4B-14) Zone to a revised specialized “High Density Residential Apartment” (R.4B-14 (H)) Zone in the 1995 Comprehensive Zoning By-law (1995)-14864, as amended; and from the current specialized “High Density Residential” ((RH.7-4(PA)) Zone to a revised specialized “High Density Residential” ((RH.7-4(PA)(H)) zone in the 2023 Comprehensive Zoning By-law (2023)-20790, to permit the development of an eleven (11) storey mixed-use apartment building with 532 apartment units and 90 square metres of commercial space on the property municipally known as 716 Gordon Street and legally described as Part Block A, Plan 552, as in MS76543, Part Lot 2 on 61R4090 save and except Part Lot 7 WGR94, City of Guelph be approved in accordance with Attachment-4 of the Infrastructure, Development and Enterprise Report 2023-378, dated October 17, 2023.
  3. That in accordance with Section 34(17) of the Planning Act, City Council has determined that no further public notice is required related to the minor modifications to the proposed Zoning By-law Amendment affecting 716 Gordon Street.
  4. That Council direct staff to invite the Mayfield Park Community Group to view and provide feedback to the site plan for 716 Gordon Street. 

  Voting in Favour: (11)	Mayor Guthrie, Councillor Gibson, Councillor Goller, Councillor Downer, Councillor O'Rourke, Councillor Billings, Councillor Caton, Councillor Klassen, Councillor Richardson, Councillor Busuttil, and Councillor Chew
  Voting Against: (1)	Councillor Allt

  Carried (11 to 1)

  Councillor Caron rejoined the meeting. 

  
  

4.2

Development Charges Results and Background Study - 2023-365

Council Recessed (9:00 p.m.).
Council Reconvened (9:07 p.m.)
Tara Baker, General Manager, Finance/City Treasurer, introduced the topic. 

The following Delegate spoke:
Dustin Davis

The following delegate did not speak:
Kevin Thompson

• Moved By Councillor O'Rourke
  Seconded By Councillor Downer
  1. That the 2023 Development Charge Results and Background Study report dated October 17, 2023 be received.
  2. That Council direct staff to investigate the use of front-ending agreements as a growth financing tool, including the impact on staffing implications, impact on credit rating, delegated authority structure, and the risks and benefits.
  3. That Council direct staff to review the need for a five-year update to the Development Charge By-law as a part of 2028-2031 budget process.

  Voting in Favour: (13)

  Mayor Guthrie, Councillor Gibson, Councillor Goller, Councillor Allt, Councillor Downer, Councillor O'Rourke, Councillor Billings, Councillor Caron, Councillor Caton, Councillor Klassen, Councillor Richardson, Councillor Busuttil, and Councillor Chew

  Carried (13 to 0)

4.3

2187 Gordon Street - Notice of Intention to Designate - 2023-400

Stephen Robinson, Senior Heritage Planner, introduced the intention to designate.
David Cameletti, Member of Heritage Guelph, provided an overview of Heritage Guelph's reasons for supporting this designation. 

The following delegates spoke:
P. Brian Skerrett,
Mike Marcolongo.

• Moved By Councillor Downer
  Seconded By Councillor Klassen
  1. That the City Clerk be authorized to publish and serve notice of intention to designate 2187 Gordon Street pursuant to Part IV, Section 29 of the Ontario Heritage Act.
  2. That the designation bylaw be brought before Council for approval if no objections are received within the thirty (30) day objection period.

  Voting in Favour: (13)

  Mayor Guthrie, Councillor Gibson, Councillor Goller, Councillor Allt, Councillor Downer, Councillor O'Rourke, Councillor Billings, Councillor Caron, Councillor Caton, Councillor Klassen, Councillor Richardson, Councillor Busuttil, and Councillor Chew

  Carried (13 to 0)

5.

By-laws

• Moved By Councillor Richardson
  Seconded By Councillor Allt

  That By-laws numbered (2023) - 20832, (2023) - 20837, (2023) - 20843 and (2023) - 20845 through (2023) - 20847, are hereby passed.

  Voting in Favour: (13)

  Mayor Guthrie, Councillor Gibson, Councillor Goller, Councillor Allt, Councillor Downer, Councillor O'Rourke, Councillor Billings, Councillor Caron, Councillor Caton, Councillor Klassen, Councillor Richardson, Councillor Busuttil, and Councillor Chew

  Carried (13 to 0)

6.

Adjournment

• Moved By Councillor Caton
  Seconded By Councillor Allt

  That the meeting be adjourned (10:38 p.m.)

  Carried