Minutes of Guelph City Council

Monday, February 10, 2020 at 6:30 P.m. - 9:30 P.m.

Council Chambers, Guelph City Hall, 1 Carden Street

Council:

• Mayor C. Guthrie
• Councillor P. Allt
• Councillor B. Bell
• Councillor C. Billings
• Councillor C. Downer
• Councillor R. Goller
• Councillor J. Gordon
• Councillor J. Hofland
• Councillor M. MacKinnon
• Councillor D. O'Rourke
• Councillor L. Piper
• Councillor M. Salisbury

Absent:

• Councillor D. Gibson

Staff:

• S. Stewart, Chief Administrative Officer
• K. Dedman, Deputy Chief Administrative Officer, Infrastructure, Development and Enterprise Services
• T. Lee, Deputy Chief Administrative Officer, Corporate Services
• C. Cooper, General Manager, Legal Realty and Court Services/City Solicitor
• T. Salter, General Manager, Planning and Building Services
• T. Gayman, General Manager, Engineering and Transportation Services/City Engineer
• C. DeVriendt, Manager, Development Planning
• K. Nasswetter, Senior Development Planner
• L.Sulatycki, Senior Development Planner
• L. Lefler, Environmental Planner
• D. McMahon, Manager, Legislative Services/Deputy City Clerk
• D. Tremblay, Council and Committee Coordinator

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1.

Call to Order

Mayor Guthrie called the meeting to order. (6:30 p.m.)

2.

Open Meeting 

Mayor Guthrie called the meeting to order.

4.

Disclosure of Pecuniary Interest and General Nature Thereof

There were no disclosures. 

3.

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

1.

IDE-2020-10 - Statutory Public Meeting Report - 70 Fountain Street Proposed Official Plan and Zoning By-Law Amendment OZS19-015 - Ward 1

Katie Nasswetter, Senior Development Planner, advised that the applicant submitted applications for Official Plan and Zoning By-law amendments to permit the development of a twenty-five storey mixed use building containing retail and office space together with 180 apartment units. She also outlined the Official Plan and Zoning By-Law amendments that are being requested through the application.

Hugh Handy, representing GSP Group and speaking on behalf of the owner, provided an overview of the application, including a summary of the mixed use development, transportation, parking, conserved heritage attributes, proposed design and  energy initiatives. He summarized current and proposed Official Plan and Zoning By-law designations and provided comments on the Downtown Secondary Plan.       

Greg Jones, a representative of SkyDevco Inc., provided a summary of the applicant's background.  He provided details regarding affordable rental units, transportation, employment and preservation of adjacent heritage properties.     

Tanya Gevaert, an area resident, expressed concerns regarding parkland, height and requested Zoning By-Law amendments.  She expressed support of increased affordable housing in the downtown.  

Marty Williams, spoke on behalf of the Downtown Guelph Business Association (DGBA). He summarized the DBGA's support of the proposed application relating to additional rental housing, parking, public transportation, the proposed mixed use of commercial and residential and supported an increase in employment.   

Jane Londerville, a resident, expressed support of increasing rental supply in the downtown core and concerns regarding the size the proposal.  

Norman Harrison, a resident and a retired planner for the City of Guelph, provided a summary the 1975 City of Guelph Height Restriction By-Law. He expressed concerns regarding the size and height of the proposal.    

Stuart Wren and Marie Case, expressed concerns regarding height and grandness and supported maintaining height restrictions set out in the Downtown Secondary Plan. Marie expressed support for a smaller proposal in keeping with the requirements of the Downtown Secondary Plan.     

Scott Frederick, an area resident, expressed concerns regarding size, height and increased traffic.  

Bob Drizs, expressed concerns regarding the use of terminology affordability and heritage development and was concerned that downtown development be based on height restrictions.  

Kate Nixon expressed concerns regarding environmental impacts, congestion and pollution. 

Morgan Dand-Hannah, expressed concerns regarding heritage, water supply, Zoning By-Law amendments, changes to the look and feel of the downtown area and construction impacts on the neighbourhood. 

Paul Barson, an area resident, expressed concerns regarding maintaining compliance with the Downtown Secondary Plan. He questioned the necessity of the proposal, affordable housing for families, increased traffic and impacts on downtown roads. 

George Ivanoff expressed concerns relating to the height of the proposal.   

• -2019-
  Moved By Councillor Bell
  Seconded By Councillor Hofland

  That Report IDE-2020-010 regarding proposed Official Plan and Zoning By-law Amendment applications (File: OZS19-015) by Skydevco Inc., on behalf of the owner, Skyline Commercial Real Estate Holdings Inc., to permit the development of a 25 storey mixed use building containing commercial, office and apartment units on the property municipally known as 70 Fountain Street and legally described as Lots 19 & 20 Registered Plan 8, City of Guelph from Infrastructure, Development and Enterprise dated February 10, 2020, be received.

  Voting in Favour: (11)

  Mayor Guthrie, Councillor Allt, Councillor Bell, Councillor Billings, Councillor Downer, Councillor Goller, Councillor Gordon, Councillor Hofland, Councillor O'Rourke, Councillor Piper, and Councillor Salisbury

  Carried (11 to 0)

4.

Items for Discussion

Council recessed at 9:35 and reconvened at 9:45 p.m. 

1.

IDE-2020-12 Decision Report - 300 Water Street - Proposed Official Plan Amendment and Zoning By-law Amendment OP1707 and ZC1712 - Ward 5

The following delegations spoke on this item: 

Hugh Handy, GSP Group

Merle Griffin 

Curtis Maranda

• -2019-
  Moved By Councillor Hofland
  Seconded By Councillor O'Rourke
  1. That the application by GSP Group on behalf of T.J.L. Transport Limited, for an Official Plan Amendment to change the land use designation from “Open Space and Park” with a “Natural Areas Overlay” to the “Low Density Residential” land use designation to permit the development of low density residential uses on the property municipally known as 300 Water Street, and legally described as Part of Lot 1, Concession 4, Division ‘G’, Geographic Township of Guelph, City of Guelph, be approved in accordance with Attachment 3 of the Infrastructure, Development and Enterprise Report 2020-12, dated February 10, 2020.
  2. That the application by GSP Group on behalf of T.J.L. Transport Limited, for a Zoning By-law Amendment to change the zoning from the current “Urban Reserve” (UR) Zone to a “Specialized Residential Single Detached” (R.1C-32) Zone, and to two “Specialized Residential On-Street Townhouse” (R.3B-24) and (R.3B-25) Zones to permit the development of one (1) single detached dwelling and six (6) on-street townhouse units on the property municipally known as 300 Water Street, and legally described as Part of Lot 1, Concession 4, Division ‘G’, Geographic Township of Guelph, City of Guelph, be approved in accordance with Attachment 4 of the Infrastructure, Development and Enterprise Report 2020-12, dated February 10, 2020.
  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 300 Water Street.
• -2019-
  Moved By Councillor Downer
  Seconded By Councillor Piper

  That the following clause be added to condition number 34 as contained in Section 4B - Proposed Conditions of Site Plan Approval and/or Consent, as follows: 

  and that this plan consider opportunities for planting large caliper material on the subject property. 

  Voting in Favour: (11)

  Mayor Guthrie, Councillor Allt, Councillor Bell, Councillor Billings, Councillor Downer, Councillor Goller, Councillor Gordon, Councillor Hofland, Councillor O'Rourke, Councillor Piper, and Councillor Salisbury

  Carried (11 to 0)

• Second Amendment

  -2019-
  Moved By Councillor Downer
  Seconded By Councillor Piper

  That the following clause be added: 

  5.  That the tree compensation funds be directed toward additional plantings on the Hydro Corridor and in the community around 300 Water where appropriate. 

  Voting in Favour: (11)

  Mayor Guthrie, Councillor Allt, Councillor Bell, Councillor Billings, Councillor Downer, Councillor Goller, Councillor Gordon, Councillor Hofland, Councillor O'Rourke, Councillor Piper, and Councillor Salisbury

  Carried (11 to 0)

• Main Motion as Amended

  -2019-
  Moved By Councillor Hofland
  Seconded By Councillor O'Rourke
  1. That the application by GSP Group on behalf of T.J.L. Transport Limited, for an Official Plan Amendment to change the land use designation from “Open Space and Park” with a “Natural Areas Overlay” to the “Low Density Residential” land use designation to permit the development of low density residential uses on the property municipally known as 300 Water Street, and legally described as Part of Lot 1, Concession 4, Division ‘G’, Geographic Township of Guelph, City of Guelph, be approved in accordance with Attachment 3 of the Infrastructure, Development and Enterprise Report 2020-12, dated February 10, 2020.
  2. That the application by GSP Group on behalf of T.J.L. Transport Limited, for a Zoning By-law Amendment to change the zoning from the current “Urban Reserve” (UR) Zone to a “Specialized Residential Single Detached” (R.1C-32) Zone, and to two “Specialized Residential On-Street Townhouse” (R.3B-24) and (R.3B-25) Zones to permit the development of one (1) single detached dwelling and six (6) on-street townhouse units on the property municipally known as 300 Water Street, and legally described as Part of Lot 1, Concession 4, Division ‘G’, Geographic Township of Guelph, City of Guelph, be approved in accordance with Attachment 4, as amended of the Infrastructure, Development and Enterprise Report 2020-12, dated February 10, 2020.
  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 300 Water Street.
  4. That the following clause be added to condition number 34 as contained in 4B - Proposed Conditions of Site Plan Approval and/or Consent, as follows: and that this plan consider opportunities for planting large caliper material on the subject property.
  5. That the tree compensation funds be directed toward additional plantings on the Hydro Corridor and in the community around 300 Water where appropriate. 

   

  Voting in Favour: (8)	Mayor Guthrie, Councillor Bell, Councillor Billings, Councillor Downer, Councillor Goller, Councillor Hofland, Councillor O'Rourke, and Councillor Salisbury
  Voting Against: (3)	Councillor Allt, Councillor Gordon, and Councillor Piper

  Carried (8 to 3)

5.

Suspend the Procedural By-law

• -2019-
  Moved By Councillor Gordon
  Seconded By Councillor O'Rourke

  That Section 4.13(a) of the Procedural By-law be waived to allow the meeting to continue past 11:00 p.m. 

  Voting in Favour: (10)	Mayor Guthrie, Councillor Allt, Councillor Bell, Councillor Billings, Councillor Downer, Councillor Gordon, Councillor Hofland, Councillor O'Rourke, Councillor Piper, and Councillor Salisbury
  Voting Against: (1)	Councillor Goller

  Carried (10 to 1)

4.

Items for Discussion

2.

IDE-2020-13 Decision Report -361 Whitelaw Road Proposed Official Plan and Zoning By-Law Amendments File: OZS18-005 - Ward 4

Katie Nasswetter, Senior Development Planner, introduced the report.   

The following delegations spoke regarding this item: 

David Moore, WZMH Architects

Patricia Starodub 

Wendy Vollans 

Gerry Johnston

Kathy Johnston    

Hugh Whiteley

• -2019-
  Moved By Councillor Hofland
  Seconded By Councillor Bell
  1. That the application by GSP Group on behalf of Armel Corporation for approval of an Official Plan Amendment from the “Low Density Greenfield Residential” designation to the “High Density”, “Medium Density”, and “Open Space and Parks” designations to permit the development of a 678 unit mixed density residential development and a neighbourhood park on the lands municipally known as 361 Whitelaw Road and legally described as Part of the NE Half of Lot 5, Concession 1, Division ‘B’ (Geographic Township of Guelph), City of Guelph, be approved in accordance with Attachment 2 of the Infrastructure, Development and Enterprise Report 2020-13, dated February 10, 2020.
  2. That the application from GSP Group on behalf of Armel Corporation, for a Zoning By-law Amendment from the current “Urban Reserve” (UR) Zone and the “Agriculture” (A) Zone to a “Specialized High Density Apartment” (R.4B-22(H)) Zone, “Specialized General Apartment” (R.4A-55(H)) Zone, “Specialized Cluster Townhouse” (R.3A-66(H)) Zone, “Conservation Land” (P.1) Zone and “Neighbourhood Park” (P.2) Zone to permit the development of a 678 unit mixed density residential development and a neighbourhood park on the lands municipally known as 361 Whitelaw Road and legally described as Part of the NE Half of Lot 5, Concession 1, Division ‘B’ (Geographic Township of Guelph), City of Guelph, be approved in accordance with Attachment 3 of the Infrastructure, Development and Enterprise Report 2020-13, dated February 10, 2020.
  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 361 Whitelaw Road.

  Voting in Favour: (3)	Mayor Guthrie, Councillor Bell, and Councillor Downer
  Voting Against: (8)	Councillor Allt, Councillor Billings, Councillor Goller, Councillor Gordon, Councillor Hofland, Councillor MacKinnon, Councillor O'Rourke, and Councillor Piper

  Defeated (3 to 8)

• Refusal Motion 

  -2019-
  Moved By Councillor Allt
  Seconded By Councillor Goller

  The City of Guelph Council refuses this application due to concerns regarding increased density, traffic, hydrology and reduced parking that have compounded numerous different issues which present a reasonable doubt that this is an appropriate land use.

  Voting in Favour: (9)	Councillor Allt, Councillor Bell, Councillor Billings, Councillor Goller, Councillor Gordon, Councillor Hofland, Councillor O'Rourke, Councillor Piper, and Councillor Salisbury
  Voting Against: (2)	Mayor Guthrie, and Councillor Downer

  Carried (9 to 2)

6.

By-laws

• -2019-
  Moved By Councillor O'Rourke
  Seconded By Councillor Downer

  That By-Law Numbers (2020)-20477, (2020)- 20478 and (2020)-20481 are hereby passed. 

  Voting in Favour: (11)

  Mayor Guthrie, Councillor Allt, Councillor Bell, Councillor Billings, Councillor Downer, Councillor Goller, Councillor Gordon, Councillor Hofland, Councillor O'Rourke, Councillor Piper, and Councillor Salisbury

  Carried (11 to 0)

7.

Mayor’s Announcements

Mayor Gurthrie announced that Planning Services is inviting members of the public to join Todd Slater, Manager, of Planning and Building Services, Jennifer Kesmaat, Head of the Keesmaat Group and Pamala Robinson, Director of the School of Urban and Regional Planning at Ryerson University, to a free panel discussions on developing Guelph's growth management strategy and provide input on the vision and principles for how we plan Guelph's growth to 2041, at the Delta Hotel on Thursday, February 27 at the Delta Hotel.  

8.

Adjournment

• -2019-
  Moved By Councillor Bell
  Seconded By Councillor Downer

  That the meeting be adjourned. (11:45 p.m.)