Council Planning · June 09, 2026 · Item 3.1
Section 3B vii in Attachment-3 of the Decision Report, 70 Fountain Street East, Proposed Official Plan and Zoning By-law Amendments…
Amendment under the agenda item Decision Report, 70 Fountain Street East, Proposed Official Plan and Zoning By-law Amendments, 2026-310
Carried (11 to 0)
11 in favour, 0 against — unanimous
This was one of 6 motions on the same item
In the order council took them. A vote makes sense next to the ones around it.
- 1/6Another version of this motionApplications from UP Consulting, on behalf of Fitzrovia Residential Inc. for an Official Plan Amendment to retain the existing ‘Mixed Use-1’ designation while deleting Subsection 11.1.7.3.9.1…Differs here: …accordance with Attachment-3 Recommended OPA, ZBA and Conditions of Approval. That in accordance with Section 34(17) of the Planning Act, City Council…no recorded vote
- 2/6AmendmentSection 3B vii in Attachment-3 of the Decision Report, 70 Fountain Street East, Proposed Official Plan and Zoning By-law Amendments…Differs here: …rooftop mechanical height shall be 6 metres.no recorded vote
- 3/6AmendmentSection 3B vii in Attachment-3 of the Decision Report, 70 Fountain Street East, Proposed Official Plan and Zoning By-law Amendments…you are hereDiffers here: …rooftop mechanical height shall be up to 6 metres.Carried (11 to 0)
- 4/6AmendmentOfficial plan amendment and zoning by law for the development at 70 Fountain Street be amended to have 430 square metres of Gross Floor Area for…Carried (11 to 0)
- 5/6AmendmentDecision Report, 70 Fountain Street East, Proposed Official Plan and Zoning By-law Amendments…Carried (11 to 0)
- 6/6Vote on the amended motionApplications from UP Consulting, on behalf of Fitzrovia Residential Inc. for an Official Plan Amendment to retain the existing ‘Mixed Use-1’ designation while deleting Subsection 11.1.7.3.9.1…Differs here: …accordance with Attachment-3 Recommended OPA, ZBA, and Conditions of Approval, as amended. That in accordance with Section 34(17) of the Planning Act,…Carried (11 to 0)
What was voted on
The motion in its exact words, as recorded in the minutes.
That Section 3B vii in Attachment-3 of the Decision Report, 70 Fountain Street East, Proposed Official Plan and Zoning By-law Amendments, 2026-310 be amended to include the following: Notwithstanding any other provisions of this zoning by-law, rooftop mechanical height shall be up to 6 metres.
Moved by Councillor Goller, seconded by Councillor Richardson.
How the room voted
In favour (11)
- Allt
- Billings
- Busuttil
- Caron
- Caton
- Chew
- Downer
- Goller
- Guthrie
- Hauser
- Richardson
Who spoke to it
The following delegates spoke: Dave Galbraith, UP Consulting Chris van de Water and Renata Shamsutdinova, Fitzrovia
What council was given
The staff reports and correspondence attached to this item. The summaries are written automatically, so you can tell what a document is without opening a ninety-page PDF.
- Decision Report, 70 Fountain Street E, Proposed Official Plan and Zoning By-law Amendments - 2026-310.pdf
Staff recommend Council approve Official Plan and zoning changes for 70 Fountain Street East, allowing a 24-storey mixed-use building with 415 rental apartments, five stacked townhouse units in the podium, and 440 square metres of ground-floor retail. The application is from UP Consulting for Fitzrovia Residential Inc. Council is also asked to confirm no further public notice is needed.
- Attachment-1 Location Map and 120 metre Circulation.pdf
- Attachment-2 Aerial Photograph.pdf
- Attachment-3 Recommended OPA, ZBA and Conditions of Approval.pdf
- Attachment-4 Existing Official Plan Designation.pdf
- Attachment-5 Proposed Official Plan Amendment.pdf
- Attachment-6 Existing Zoning, Zoning By-law (2023)-20790.pdf
- Attachment-7 Proposed Zoning, Zoning By-law (2023)-20790.pdf
- Attachment-8 Conceptual Site Plan.pdf
- Attachment-9 Conceptual Rendering of the Proposed Development.pdf
- Attachment-10 Staff Review and Planning Analysis.pdf
- Attachment-11 Public Notification Summary.pdf
A summary is this site’s description of a document, not the City’s. Open the document before relying on one.
What was said
7,627 words from the meeting recording, transcribed automatically. Times are from the start of the recording.
Read the debate(click to open)
17:59This is the staff recommendation that's come back
18:03on 70 Fountain Street East,
18:05the proposed official plan and zoning bylaw amendment.
18:09And so obviously we have the report in front of us,
18:12but we do have two delegations
18:14wanting to speak to the matter.
18:16David Gelbreth from Upp Consulting, are you here?
18:21Okay, you're standing up.
18:24I meant that pun too.
18:40Yeah, I think this is a CTV.
18:43The media's allowed here, right?
18:46Yep, that's later in our agenda.
18:50No, just kidding.
18:51Yeah, thank you.
18:53And Chris Van De Water and Renita,
18:58I'm gonna try my best.
19:00Shem Sudinavam, did I say that right?
19:04Okay, are you guys all coming up at the same time?
19:08Too late, you are now.
19:10Okay, so you have no more than five minutes.
19:13I had you down as two, okay?
19:16So David, you have five minutes
19:18and then for the two of you, you have five minutes.
19:20If you wanna share the 10 or whatever, that's fine,
19:24but okay, I think we'll just go by the rule book here.
19:27We'll do five minutes and we'll do five minutes, okay?
19:29So you'll hear a chime at the four minute and 30 second mark,
19:33which is your 30 second warning
19:35that you can't get ready to get your microphone cut off
19:38at five minutes, okay?
19:39So don't let us get there
19:40because we hate it when we have to cut off the microphone,
19:42okay?
19:43And then stick around just in case
19:44there's any questions or follow up.
19:46So David, over to you.
19:48Okay, and thank you for pulling up the presentation here.
19:52Good afternoon, my name's Dave Galbraith.
19:54I'm a planner and the president of Up Consulting
19:56based out of the region of Waterloo,
19:58here today on behalf of Fitzerovia Residential Development.
20:03Next slide, please.
20:05Or is there a?
20:08Big green button, there we go.
20:12There we go.
20:13So just a bit of a refresher,
20:14the subject property 70 Fountain Street,
20:17which has frontage onto Wyndham Fountain
20:19and Farquhar Street currently has a three story office building,
20:23which is vacant.
20:24It's listed on the municipal heritage register.
20:26And then just last month,
20:28this proposal was endorsed by the heritage committee.
20:32In terms of the broader context,
20:35you can see the site again highlighted in red there,
20:38very close proximity to the Guelph Central Transit Hub,
20:43where we are city hall,
20:45and other amenities in the downtown area.
20:50In terms of the proposal itself,
20:53an official plan amendment zone change application
20:55were submitted late last year
20:57to permit a 24 story, 420 unit apartment building
21:02on the subject property.
21:04This aligns with OPA 106,
21:06which contemplated 24 stories on the site.
21:11There's vehicular parking,
21:12which is accessed both by Fountain and Farquhar Street,
21:15as well as ample bike parking on the site.
21:19So in advance of this meeting,
21:21we haven't had an opportunity to review the staff report
21:24from prepared by Canshin and her team
21:26in the planning department,
21:27and we're pleased to see a positive recommendation.
21:31Having said that, there are four items
21:33that I'd like to speak to today,
21:35with respect to the recommended implementing bylaw.
21:40I'm going to skip over the next several slides
21:42because they show the design itself,
21:44and I'll just go to slide 19.
21:48Apologies for all the clicking.
22:04So again, we are supportive of the recommendation
22:06for approval, but there are four site-specific provisions
22:10that we are requesting modification to.
22:12Firstly, item one here is the minimum retail GFA.
22:17We believe this may have been a clerical issue
22:20in the report itself.
22:21430 square meters is proposed,
22:24whereas the implementing bylaw contemplates
22:27440 square meters.
22:28So we respectfully ask that this would be included
22:31in the final approval.
22:34The second provision relates to mechanical penthouse.
22:38The staff report recommends a cap of four and a half meters,
22:42whereas the parent zoning bylaw does not set
22:44a maximum height for mechanical penthouses.
22:48Third, this relates to,
22:51third and fourth relate to bike parking standards
22:53to be clear, the required number of bike parking spaces
22:56are proposed to be included in the development,
22:59but these really relate to locational and size requirements.
23:03So the first one being that bike parking is to be provided
23:07within 25 meters of the main entrance.
23:09Given that we have three frontages here
23:12with active uses and entrances along all corridors,
23:16we are requesting that that be increased to 100 meters,
23:19which is more of a technical detail
23:22just measured from the main entrance
23:23to allow for the siting of bike parking
23:26throughout the site.
23:27And finally, the last request is with regards
23:31to stack bicycle parking width requirements.
23:34The recommendation in the report is 0.6 meters
23:38and that comes from the recently approved bike standards.
23:41And our client is requesting 0.4 meters
23:44for the width of these spaces.
23:46And that's typical of what they've included
23:48in their previous projects.
24:02I'd like to focus a bit on the rooftop mechanical.
24:06At the bottom of the screen here, you can see
24:08this is an excerpt from the zoning bylaw,
24:11which generally provides that rooftop mechanical equipment
24:14is exempt from the calculation of height.
24:18And in our experience for buildings of similar sizes
24:23in the past, the four and a half meters
24:25doesn't mirror what would be required
24:28for a building of this size.
24:30So we are requesting the removal
24:32of this site specific regulation
24:34just to allow for a mechanical room
24:37that can be appropriately sized for the development.
24:40With that, I'm available for questions
24:42or if you'd like, we could move over
24:43to Chris and Renata as well.
24:47Thank you.
24:49I think we'll go one at a time.
24:50If you don't mind, no, look, if for some reason
24:52you have an answer for what a colleague asks,
24:54then so be it and we'll go to your five minutes,
24:56but we'll stop there and let my colleagues ask any questions
25:00if there are any.
25:01So are there any questions?
25:03We'll start with Councillor Busuttil, please.
25:05And then yet Gawr after that, and then Kate as well.
25:09All right, go ahead.
25:10Thank you very much for the presentation
25:12and through the mayor, just a question
25:13about the width for the bikes.
25:17As a parent, the kids called the bike choo-choo,
25:20is there, would the four meter accommodate
25:26a family's kind of bike or an accessible tricycle,
25:31safely to get it out?
25:32Can you comment on that?
25:33Yeah, through the chair, these are more standard
25:37bike parking spaces that are vertically hung.
25:40So accessible bike parking spaces would be wider.
25:45So that's not the focus of this ask in particular.
25:48I'm not sure if Chris has, okay.
25:54Great, thank you.
25:56Sorry, Gawr and then this town ain't big enough
25:59for two Boussatils.
26:02Gawr and then Kate.
26:04Thank you, through your worship.
26:06Thank you so much for the presentation.
26:08Regarding the mechanical, in speaking with staff
26:11about the recommendation, they've let me know
26:13that there are other buildings that are being built
26:16downtown that are able to fit all of their mechanical
26:20in the 4.5 meters.
26:21And their concern is the aesthetic that,
26:24all of a sudden we might end up,
26:25and if we remove the restriction,
26:27you could end up with like an eight meter, a 12 meter.
26:30So tell us, why does the 4.5 not work for your build?
26:36I might allow Chris to speak to this first.
26:40Thank you, through your worship.
26:43So this building is 24 stories tall, it has 420 units.
26:47We have a few buildings in our portfolio of a similar size.
26:52What we've found is the equipment that you're looking
26:54to put on the roof, generally speaking,
26:57needs horizontal and vertical space for ventilation,
27:00access, servicing, those sorts of things.
27:03In our experience, we've found the sweet spot tends
27:05to be between six and six and a half meters.
27:09When going through this process,
27:11we noted in the bylaw that the height
27:13of the mechanical penthouse was exempt,
27:15so that was our general understanding.
27:19I understand staff's concerns about a,
27:21we call it four and a half meter penthouse
27:23that you may have seen in other buildings.
27:24I would suggest that that's maybe more typical
27:26of smaller buildings with fewer units.
27:29I'll speak to the design and aesthetic aspects.
27:33We care very much about, I'll call it the overall architecture
27:36and the effect that this building will have
27:38on the city skyline.
27:40We will very much work with staff
27:42through the site plan process to ensure that
27:44whatever's going on the roof is appropriately screened
27:47so that any mechanical equipment does not,
27:49I'll call it detract from the overall impression
27:52of the building.
27:54Okay, I appreciate that.
27:56Thank you, Your Worship.
27:57And as a separate note, one of the other items
28:00that you raised about the amount of commercial space
28:03on the main level, could you help me understand
28:06why that changed?
28:08We looked through the application
28:09and it was actually, that number was included
28:11in previous documents and I believe that it was also included
28:14in the public meeting.
28:15So why that changed from 440 to 430?
28:20So I do believe that was a technical error
28:23in our very first submission.
28:25We had the number incorrect and so we're just looking
28:28to rectify, I'll say match the bylaw
28:30to what's on the current set of plans
28:32that was submitted to the city.
28:34Okay, okay, so the floor plans that we saw,
28:37those were 430 not 440 commercial?
28:41Correct.
28:42Okay, okay, thank you.
28:43Thank you, Your Worship.
28:45Thank you.
28:46Kate and then Karan, please.
28:50Thank you, through you, Mr. Mayor.
28:52So all apartments are required to have
28:54about 15% accessible apartments, correct?
29:01By code yes.
29:02Yes.
29:03So just kind of a callback to what Councillor Bustel
29:06was talking about for the accessible bicycles.
29:09So I personally use a trike for balance
29:12and they're becoming way, way more common
29:15in terms for seniors and other folks
29:17and especially if you're trying to have a car free area
29:19with less car parking to get around the downtown
29:23for your grocery shopping and whatnot.
29:26So I'm very much in favor of the staff recommendation
29:29of the 0.6 and that also kind of speaks
29:32to having it closer to the entrance
29:33because a lot of people are using their bikes
29:35kind of as accessibility tools.
29:37So is there a way for you to manage that
29:40with the distance between the door
29:42and having some wider spaces?
29:45So thank you.
29:48A clarification that I'll offer
29:50is on these two points related to bicycle parking,
29:52both the size and the location are speaking to minimums.
29:56So on the alcoholic proximity
29:58to the principal entrance requirement,
30:01the bylaw reads as 25 meters.
30:05As David mentioned that we've got frontages
30:08and frankly entrances on three sides of our buildings.
30:10And so if we had to pick one entrance
30:14and have all of our outdoor bike parking
30:17within 25 meters of the entrance,
30:19that would actually detract from our ability
30:21to provide bike parking around the perimeter of the site
30:23and close to a number of different entrances
30:26to the building.
30:27That's purely the reason that we're asking
30:30for an exemption on that number.
30:34Related to the overall size and the minimum width
30:37of the bike parking stalls is what is standard
30:40in our portfolio is we'll provide a variety
30:42of bike parking options.
30:44So that pertains to trikes,
30:48that pertains to mountain bikes,
30:49that pertains to road bikes.
30:51We have a product in our portfolio
30:54that allows a number of bikes to be stacked
30:56on top of each other.
30:57And the provider and what we've used
31:00on a number of other projects has a minimum width of 0.4.
31:03By no means is that going to be the minimum
31:05across the board.
31:08It just allows us to use the,
31:11I'll say bike stacking option
31:13that we've used on other projects.
31:15Does that address your question?
31:17Yes, so what would be,
31:21what's the spread, right?
31:22How many are going to be 0.4?
31:24And then how many other ones would be 0.6 and larger?
31:29Yeah, off the top of my head,
31:30in terms of the long-term bike stalls,
31:33I would say about 75% in our experience
31:35are the more stacker type.
31:39And then we would provide additional larger
31:41bike parking spaces for those who require them.
31:44The nice thing about bike parking
31:46is it's fairly easy to move around.
31:48So, and it's really based on demand.
31:50So if we find that residents are looking
31:53for a certain type of bike parking over another type,
31:56we do have the flexibility to swap one type of rack
31:59for another.
32:00Again, this is just about securing the minimum dimension
32:02that we're allowed to provide.
32:05Okay, so there's no guarantee
32:07that you would have the wider ones?
32:10We absolutely would have the wider ones.
32:14We'd be willing to commit to a certain percentage
32:17of wider ones if that's what the request is.
32:21It is.
32:22So what would be the percentage?
32:28If we're looking for a certain percentage,
32:31I'll call it larger than 0.6, or sorry, at 0.6 or greater,
32:37I'd offer 15%.
32:40That sounds reasonable to me.
32:41Thank you very much.
32:42Okay.
32:45Thank you so much, Councillor Katelyn
32:46and last I have Councillor Caron.
32:49Thank you.
32:50Thanks for being here this afternoon.
32:52I know one of the things you talked about
32:53in our first meeting when the first proposal came to us,
32:56and I'd ask a question about community energy
32:58and a commitment to our net zero goals.
33:01You indicated that all of that would kind of come out
33:03during the process leading up to site plan.
33:06I know you talked about the rooftop mechanicals
33:08accommodating greater energy efficiency.
33:10And I wonder if you could talk to whether or not
33:12you've been able to achieve any greater commitment
33:15to those goals, because as a rental building,
33:18I think we all agreed that day that affordability
33:21isn't just the cost of rent, it's the cost of utilities,
33:24and that you would be doing everything in your power
33:26to lower the cost of utilities for your tenants.
33:29Yeah, absolutely.
33:30So as a purpose built rental owner, operator, and provider,
33:35we know that any dollar spent upfront
33:39related to the energy efficiency of the building
33:41pays off in spades down the road.
33:43So this actually came up this week
33:44when we were reviewing with our mechanical engineering team
33:46about how to make the building a little bit more energy
33:48efficient.
33:49And this actually ties into our mechanical penthouse
33:52request, because frankly, some of the mechanical units
33:55on the roof operate more efficiently
33:57if they have more room to breathe, so to speak.
33:59So I'll say that's one example of where we get greater energy.
34:04I'll call it energy utilization just
34:07by providing a little bit more room for our mechanical units.
34:11As I believe I covered last time,
34:13I mean, it's standard in our portfolio
34:15for our new buildings to target lead gold.
34:18We find that that additional effort
34:20that we put into the energy optimization
34:23and the overall performance of our building,
34:26it's also frankly a marketing piece that resonates especially
34:30well with students and young professionals that
34:32are looking to live in our building.
34:35Great, thank you for that.
34:36And will you, I know that not all technologies
34:40are fully developed.
34:41Will it be ready for new technology
34:44in terms of the engineering so that as cheaper and more
34:48effective energy solutions are available,
34:50you'll be able to quickly adapt in the lifecycle replacement
34:54cycle?
34:55Absolutely.
34:56I'll say specifically to the lead program,
34:59there's a lot of focus on future proofing your building,
35:03so that as different forms of energy come on board,
35:05you have the ability to tie into those.
35:07OK, that's great.
35:08One last question.
35:09Again, I know we don't get into site plan details here,
35:11but I'll ask it.
35:12I see in the rendering that the rooftop pool amenity is
35:15on the west elevation next to the single detached home
35:21to the east.
35:23And I just wondered whether you're
35:25committed to screening and light remediation
35:28for that amenity space so that it doesn't
35:31impact the neighboring adjacent dwellings for both noise
35:36and light pollution.
35:38So I'll clarify that.
35:41The plans are a bit confusing there.
35:42North is actually on the right side of the page,
35:44so we have ensured that there is sufficient screening
35:47between our building, anyone who's
35:49spending time on the roof, and our neighbors to the north,
35:52specifically directly to the north.
35:55We'll also have appropriate screening
35:57for both wind and shade around the perimeter
36:00of the rooftop amenity.
36:02OK, great.
36:03Thanks.
36:03I know that it was labeled west elevation.
36:05It's confusing.
36:05Yes.
36:06Great.
36:06Thanks so much.
36:09OK.
36:10That's it for questions for you.
36:14But did you want to still do your five minutes,
36:17or do you think everything's good?
36:18May we have two?
36:20You can have up to five.
36:21So we love two.
36:24That's fine.
36:24So come on up.
36:25And as soon as you start speaking, our timer will start.
36:28It's over to you.
36:30OK, perfect.
36:31I just wanted to say thank you to the planning team,
36:34to Kenchin specifically just for the time and effort
36:37and coordination throughout this process.
36:40As you know, this is our first survey building
36:43in the city of Guelph.
36:44So really excited to add new housing rental
36:47supply to the market.
36:49And as we serve the younger demographic,
36:51we are trying to make the building efficient, not just
36:54beautiful, but with mechanical penthouse
36:57at the functionality to the building.
37:00And yeah, thank you very much for getting those details
37:04right as we work through the process.
37:07And yeah, we are very excited to continue working
37:10through the SBE stage.
37:12But it was very a good experience working
37:15with the planning staff on refining those items.
37:18Thank you.
37:21You can have as many minutes as you want when you praise our staff.
37:25Can I have one more, then?
37:26OK, you still have probably three minutes left.
37:30I recognize that we are getting into a few,
37:34a little bit more into the details than you normally
37:36would at this stage of the process.
37:38That's because we're very much a details-focused company
37:41and developer.
37:43We care a lot about the details.
37:44We care a lot about design.
37:46And we care a lot about the communities that we operate in,
37:49which is why we're so excited about this project
37:52and about joining you in the city of Guelph.
37:55So our dealings with staff and council to date have been great.
38:00And we just want to say thank you for your trust in us.
38:04Is there any further?
38:05Oh, Councillor Caton just has a question.
38:07And then back to Boussatil.
38:08OK, yeah, go ahead, Councillor Caton.
38:11My apologies for the late question.
38:13Through you, Mr. Mayor, I was just wondering,
38:15I just seen that your bike parking is being shown on the city
38:19right away.
38:21But I don't see that in the application for zoning changes.
38:27So is that something that's new or is that something
38:29that you're asking for an exception for to have
38:32the bike parking on the city right away?
38:35So again, because we have active frontages on three sides
38:44of the building, including a generous landscape buffer
38:47on the east side of the site, we have requested that bike parking
38:52be permissible within the city property,
38:57or at least the city boulevard.
38:59It would not affect, I'll call it, the sidewalks
39:02or I'll call it the existing right of ways
39:06within or surrounding the building.
39:10And that's also really just to meet
39:11all the short and long term bike requirements
39:14that our site has.
39:16OK, I'll follow up with staff and see
39:17if that causes an issue with our accessibility advisory group.
39:20Thank you.
39:21Sure thing.
39:21I'll just add to that this was a point of discussion
39:24with planning that.
39:25And we really just wanted to clarify these two technical
39:29points at this stage.
39:30And we fully expected to go into more detail around bike
39:34parking during the site plan stage.
39:36Great.
39:36Thank you.
39:41Thank you.
39:41And through the mayor, there was something
39:43you just said a couple of minutes before that reminded me.
39:46The last time you presented, I asked for clarification.
39:49And you just said now that for the students and professionals
39:51living in our building, and my question is,
39:53you know where I'm going, is the building and the facilities
39:57welcoming to families, seniors, everyone of every ability?
40:03Thank you.
40:03So on the subject of future proofing,
40:06it is one of our theories that more and more families will
40:09look to live in buildings such as this, which
40:12is why we typically exceed minimum requirements for two
40:17and three bedroom units, units that are larger than studios
40:21or one bedrooms.
40:22That is the case here.
40:2335% of our proposed units are either two or three bedrooms.
40:26So that's whether that's a group of young professionals
40:29or someone with a young family that have the ability
40:31to live in our building.
40:33Thank you.
40:37Great.
40:38No further questions?
40:40All mine were asked.
40:41So you're good to go.
40:43Thank you very much for being here.
40:48Being a downtown, I'm more putting you on the spot,
40:51but being a downtown development,
40:54would you like to move receipt for approval,
40:56or would you like someone else to?
40:58Yes, I would like to your worship.
40:59The other delegate.
41:00Richardson and San went up beside you as a seconder.
41:04So the staff recommendation is on the floor.
41:06And the other delegate backed out.
41:10No, they were all there, I believe.
41:12Oh, OK.
41:13I don't think I skipped on anybody.
41:14There's just a letter then.
41:15No, we're good.
41:18May I ask questions of staff for your worship?
41:20Now anybody can ask questions.
41:21Go ahead.
41:22Thank you.
41:23Thank you to staff for the work that you've done
41:26to get us here with the applicant.
41:30Focusing on the request that they made,
41:33I did ask about this in the last couple of days.
41:36Could you let me know?
41:36I think you mentioned that some of these
41:38could be addressed down the road with a site plan
41:41or with a minor variance.
41:45Could you tell us what that process would look like
41:47in terms of does it come back to council,
41:50does it go to community of adjustment,
41:51or is it delegated authority for staff?
41:53What would that look like?
41:58Through the mayor to the counselor.
42:00So a couple of these site-specific requests
42:04we have not seen until today, and they've not been evaluated.
42:07And I guess that's our concern at this time.
42:10Councillor Caton mentioned the bike parking
42:12on the municipal right of way.
42:14It's not been evaluated.
42:15We've not talked about encroachment agreements yet.
42:17And certainly anything on the municipal right of way
42:19we would expect would meet municipal standards.
42:21So I think that's the concern at this point in the time
42:23that we haven't seen the details of their bike rack
42:26they're providing or anything to make it a judgment on.
42:29And that we have through this process
42:32ensure that they can go through the typical,
42:35through the OZS stage now
42:37and then go through the normal site plan
42:38as our downtown CPPS is under appeal.
42:42If that was in effect, they could have just done
42:44a quick staff approval in the 45 days.
42:47And that for site plan, minor variance, everything,
42:49but that is unfortunately been appealed right now.
42:53So they would have to go through a minor variance.
42:55So they'd have to make an application
42:56to the committee of adjustment.
42:57But as they go through the process,
42:58there may or may not be other items they need relief from.
43:03We always do caution council when they see renderings
43:07in particular that they're fabulous.
43:10And my hope is they're going to be that.
43:13And if they're not, they'll,
43:14we'll have lots of conversations with us.
43:16But it doesn't mean that is what's going to happen.
43:19As we know, the developer on this site
43:21has changed hands a couple of times
43:24from what we've council may have seen in the past,
43:26but it's not a guarantee that that's going to happen.
43:28And there was a lot of works
43:31in the municipal right of way on the renderings
43:33because the property is asked for a zero setback
43:37that would have to go through a different process
43:40and encroachment agreements.
43:41So they would have time to go through a minor variance
43:43if they do need to go through that process.
43:45But yes, that's a committee of adjustment process.
43:48Okay, thank you very much for that.
43:50I appreciate that.
43:50And your worship, I do have a motion
43:52to bring whenever you'd like
43:55with regards to the mechanical room height.
44:00Okay, I would suggest that that might be separate,
44:04like a standalone motion after these are considered.
44:07So just remind me to go back to,
44:11would it be an amendment?
44:14Yeah, to planning staff, that would be an amendment.
44:20Through the mayor, yes, that would be an amendment
44:21to the recommendations.
44:23Oh, by the way, I wasn't trying to say
44:25that the clerks were wrong or something.
44:27You're good, you're good.
44:29Okay, okay, well, why don't we just allow some of the questions
44:35just to continue, I'll come right back to you.
44:37Then you can move the amendment
44:38and then we can do the main motion as amended, okay?
44:41I'm really sorry, I saw another hand go up,
44:43Kate and then Alt, and then Pusatel, okay?
44:49Thank you, Mr. Mayor.
44:49I was just gonna let you know
44:50that I also am working on amendment
44:52for the commitment of the 15% bike parking.
44:56But I will need some time.
44:58So I'm just letting you know that it's in the works.
45:01Okay, no problem.
45:02Thanks.
45:03I'll go to Alt with the question.
45:05And thank you very much, Mayor Guthrie,
45:07through you two staff.
45:10After the comments, the remarks that you just made,
45:13I am wondering if you could please provide an opinion
45:16on the motion that is in front of us.
45:18Are the changes that you heard for the first time today
45:21substantive enough that that motion still stands or not?
45:28Sorry, just to be clear, Councillor Allt,
45:32there is no motion on the floor for any of those items
45:36that were brought forward by the delegates.
45:39So we're not talking about any of those at all.
45:45So I'm just saying that they're out of order
45:47if you're referencing your question
45:49about issues that aren't on the table as a motion.
45:52No, I'm referring to comments from Ms. Wolke
45:55as to the motion that is currently on the order paper.
46:01Is the motion still stand?
46:04So the motion is the staff recommendation.
46:06That's currently on the floor
46:07and clearly staff are in support of that.
46:13Okay.
46:14Councillor Bristol.
46:16Thank you.
46:17And through the mayor,
46:18I would really appreciate hearing from staff
46:20on the four requests, some feedback on each of those
46:25to help me understand that's a bit better.
46:31Okay, I'll, through the mayor, I'll start,
46:33but I might look at staffing in the middle,
46:35a little elbow as we go through.
46:39The first request was the commercial space
46:42from 440 square meters minimum to 430.
46:47Staff did take the 440 square meters
46:50from their planning justification report
46:52and from their plans.
46:53So that the typo, I think as was indicated, was on their end.
46:57But if it's a 440 to 430,
47:01staff would not have any concerns over that.
47:06When we see detailed drawings, it could be for 28,
47:09it could be 454.
47:10We don't have those details yet in front of us,
47:13but that one seems minor.
47:15And I believe them when they indicated it was a typo
47:18in their applications.
47:21For the 4.5 meters in mechanical penthouse,
47:29we are currently reviewing the 55 Baker Street application.
47:32It is 19 stories.
47:33It has a 4.5 meter mechanical penthouse.
47:37We have also, through this application,
47:40allowed in that space some usable amenity area
47:45for the rooftop common amenities,
47:48for the pool, et cetera.
47:49We've got change rooms and some public space up there
47:54that we have allowed.
47:55Typically that would be another story.
47:57So we have accommodated that within that
48:00without counting it as another story.
48:03So that's why we're also saying that 6.5 meters.
48:06In reality, that's two full stories of height.
48:09So an average story is three meters.
48:12So they're asking for two full stories
48:14of mechanical penthouse.
48:15We do have others who are able to make it.
48:17So staff are standing behind their recommendation,
48:21but while the will of council can decide
48:24on what is the appropriate height based on
48:26what the applicant has indicated to go forward.
48:29For the two bike parking regulations,
48:35that is where staff is not comfortable
48:39recommending that those changes.
48:40We've not seen the plans.
48:42We've not talked to them about encroachment
48:43where they're going to be.
48:45If they can accommodate them on their site,
48:47that's one thing.
48:49If they can accommodate them on their site
48:50in the miscible right of way,
48:51we'd certainly want to be able to meet our standards.
48:54We are just proud that we have settled those standards
48:58and we're able to implement them.
49:01So we don't know what those are going to look like.
49:05I don't know what particular rack he's proposing.
49:09So at this point, we would like it to meet our standards.
49:12And if they're on their private lands,
49:15then they do have a two meter setback on the east side,
49:19but the rest would appear certainly
49:22to be a zero meter setback based on the drawings
49:24they've submitted to you for review.
49:28Thank you.
49:29And just a supplemental through the mayor,
49:30just around the rooftop, the amenities,
49:34but also the, whatever, it's mechanical.
49:38Thank you.
49:39Can you comment on the justification of efficiency
49:43or you don't have any information?
49:44Can you just give us some indication of that?
49:47Yes, sorry to the councillor through the mayor.
49:50I can't comment on that.
49:52Okay. And just finally, if council says, no, this is,
49:56we're supporting the staff recommendation.
49:59What are the next steps for the developer
50:01who may through the process need some additional,
50:04is it through site plan?
50:06Is it through committee of adjustment?
50:07Can you just, you know, map that out for me please?
50:13Through the mayor to the councillor.
50:14So the next step in the process is site plan approval.
50:18And as part of the site plan approval,
50:21then they'd be certainly talking to us
50:23about encroachment agreements.
50:25If they do need variances,
50:27they can always go to the committee of adjustment
50:29and apply for variances or for relief
50:31for any of those items.
50:33And then staff would be able to comment
50:35through that recommendation to the committee of adjustment
50:38and whether we were supportive or not.
50:41So it is a separate process they would have to go through.
50:45Thank you. So just so I'm clear,
50:47if council says we're going to support
50:49the staff recommendations,
50:50there's still processes to facilitate
50:55the desired kind of outcomes.
50:58Through the mayor to the council, yes or no?
51:00Thank you.
51:02Great.
51:03I'm seeing no more questions,
51:05but I did have a couple and just going to follow
51:08with councillor Busuttil just asked.
51:10So I just wondered about timing.
51:13So I knew about the process of site plan
51:17and committee of adjustment.
51:18But from a timing perspective,
51:21do you know what the sort of scheduling is
51:24for committee of the adjustment right now?
51:26And I know that they can pay fees
51:27or maybe quicker processes or not,
51:30but what are we looking at here?
51:33Three months, six months, two months.
51:37So through to the mayor,
51:38typically committee of adjustment processes is 60 days
51:42and we'll be working with them for at least that first,
51:46if not longer for site plan
51:47and through certainly for the encroachment agreements
51:49will take some time to establish as well.
51:51Yeah. And that leads me to my last question,
51:53which was just, is it a parallel thing
51:57or does one have to go before the other?
51:58So does site plan have to be approved
52:01and then they can go to committee of adjustment?
52:03Could they go to committee of adjustment in 60 days?
52:06Hypothetically.
52:07And then still do site plan.
52:09And I think, and I'm so sorry,
52:11I maybe should have asked you when you were at the microphone,
52:13but I think last time we were here,
52:14either I or one of my colleagues asked,
52:17how quick can we see this building kind of go?
52:20And I think I remember it be about a year, I think.
52:23Am I right?
52:24I got a thumbs up there that it'd be about a year.
52:26So can you just talk to me about sort of what's in parallel,
52:30what has to go first or what can go first?
52:34Through the mayor.
52:35So through a, like a pre-con for site plan,
52:38we could identify the specific variances that we would need
52:41and we'd be able to look at the details
52:42and then they could go to committee of adjustment
52:44in advance of a formal site plan application or approval.
52:48So they can do that.
52:49They can run them concurrently
52:50if that's what they want as well.
52:53So we can do it that way as well.
52:56Okay.
52:57Great.
52:58Thank you very much.
52:59All right.
53:00So we do have the main motion,
53:02which is to recommend the approval from staff.
53:05It's on the floor.
53:06Councillor Gowar, you wanted to speak
53:08about a potential amendment.
53:11Councillor Caton, I hope I've talked slow enough
53:13to allow you to maybe get an amendment down as well.
53:17So we'll start with you, Councillor Gowar,
53:19and we'll do your amendment first.
53:21Thank you, Your Worship.
53:22If I could ask the clerks to please pull it up.
53:25And this amendment, what it does is it changes
53:29the restriction that was put in,
53:31and instead of capping the height of the mechanical
53:33at 4.5, it's capped at six.
53:38Although the developer has said
53:39that they usually go up to six and a half,
53:42they said they could make it work within six meters
53:45to give us a greater energy efficiency for the building.
53:49And I believe I may have a seconder for this one.
53:53Councillor Richardson.
53:55Great, thank you.
53:56May I, sorry, may I interject with just a simple request
54:01from me to get to approval?
54:04I don't know, I can't speak for anyone else,
54:06but for me, just wondering, I would prefer if the,
54:09because I want to approve, I want to try to get there,
54:11but I was wondering if you'd be willing
54:13to do up to six meters.
54:16Absolutely.
54:17Because as the developer then works with their engineer
54:20and works with staff, and if their engineer can figure out
54:24the mechanical at 5.2 or at five,
54:28then I'd rather say that than to just say you get six.
54:32So I would feel more comfortable if it said up to.
54:36Would you be willing to do that?
54:37Absolutely, and would the clerks be able to?
54:40Well, if the mover and seconder are shaking heads
54:44in improvement, could I just ask you to remove the motion
54:46and then we can just table the amendment with that language?
54:49Let's do that.
54:51Okay, so I have to formally ask.
54:54To the mover, are you okay to remove?
54:56Seconder, are you okay to remove?
54:58Counsel, are you okay with that?
55:01Okay, thank you.
55:01So technically it's off the table.
55:03So now you're gonna move it with the words up to six meters.
55:06I'll turn the microphone back over.
55:08Yes, your worship, I'd like to move a motion
55:10that changes the sentence, not with something
55:12of any other provision.
55:13And the Sonium Biler rooftop mechanical shall be
55:17up to six meters.
55:20And Richardson, you'll still second that then.
55:23All right, thanks everyone.
55:24Sorry, I jumped in there right away.
55:26But Councillor Allt just has a quick question of staff on it.
55:29Thank you very much, Mayor Guthrie,
55:31through you to staff.
55:33I was wondering if you would have any comments
55:35related to this and the potential as a precedent
55:39with regards to anything else that is being considered
55:42in perhaps the downtown core or elsewhere.
55:50Through the mayor to the councillor,
55:52we do look at every application
55:54as an independent application
55:55and that would be our standard response for this.
55:58Thank you.
55:59Okay, thank you, Councillor Allt.
56:00I'd like to call the question then on the amendment.
56:03Is that okay?
56:05The general commenters.
56:06Just through the mayor, thank you for making
56:08that amendment or suggesting that amendment
56:11because I wouldn't be able to support it otherwise.
56:13I appreciate that.
56:15And with respect to the developers,
56:17thank you for working so greatly with our staff,
56:20really looking forward to this project.
56:24Thank you, Councillor.
56:25Okay, let me just call the vote on the amendment then
56:27to the up to six meters, okay?
56:29Is anybody against that?
56:33Okay, so nobody that's unanimous.
56:35Okay, did you have another one?
56:37Oh, okay, sorry.
56:38Councillor Caton, keep working on your motion.
56:42Councillor Goller, go ahead.
56:44Thank you, your worship.
56:45As the staff was answering other responses,
56:48I heard them accept that they had no significant concerns
56:53about the change from 440 to 430.
56:55So I just sent it off to staff if we could.
56:58And understanding that there's an opportunity
57:01to make these changes on the road,
57:03I think if we can remove a little bit
57:05of the bureaucracy from it and just do it now,
57:08I think that would be helpful to help the project.
57:11So this motion just changes the number 440 to 430
57:14to acknowledge that there was a typo
57:16in the original application and this corrects it.
57:19And if I could have a seconder for...
57:21Councillor Alder had whispered
57:23that he'd be willing to second that.
57:24So I'll confirm that.
57:28I think I can call the vote on this one, everybody.
57:30Yep.
57:31Okay, is anybody against this amendment?
57:34That's unanimous as well.
57:35That's great.
57:36Can I go to Councillor Caton now?
57:38Yeah, okay.
57:39Councillor Caton, over to you.
57:43Thank you.
57:44Just wait for clerks to bring it up.
57:46And this is thanks to the incredible
57:50multi-tasking skills of Miss Wauke.
57:53Who's able to talk and type at the same time,
57:55which is not my forte.
57:57So it is that the decision report,
58:0170 Fountain Street East proposed official plan
58:03and zoning bylaw amendments,
58:052026-310 be amended to include the following.
58:09That short-term parking have a minimum of 15%
58:12of the larger bike parking to accommodate
58:14the larger bikes and accessible bikes
58:16and that they be accommodated
58:17on the private development portion.
58:19And I believe Councillor Arlton was gonna be my seconder.
58:24Yep, whispered to me saying that he'd be willing
58:26to do that, so that's perfect.
58:28And thank you for that amendment.
58:30Is there any questions on that particular one?
58:33Okay, just Guller, go ahead.
58:35Thank you, Chair Worship.
58:37And if I could, if you could please help me
58:39understand Councillor, why are you asking
58:42that they be held within the private part of it?
58:45If there's a public boulevard
58:48and they may be able to have an encroachment agreement,
58:50could you help me understand the rationale
58:52for making that restriction here?
58:57Yes, because planning staff said
58:59that they haven't been able to evaluate that.
59:01So without their evaluation,
59:04I don't think that that's appropriate for us
59:06to be mandating as okay,
59:08because we haven't had the chance
59:10for the accessibility advisory council
59:11or any of those other groups to take a look at it.
59:14So that's something that they can request from staff later
59:18if there is going to be an encroachment agreement,
59:20but in the meantime, I don't feel comfortable
59:22saying that that's okay without the due diligence.
59:25Okay, perfect.
59:26And if I could just double check with that,
59:27I just wanna make sure that this doesn't prevent
59:29an encroachment agreement down the road.
59:33Through the mayor to note to the Councillor,
59:34and it does give us time to actually look at a site plan
59:38without just kind of making recommendations
59:40without having plans or details in front of us,
59:42which is always difficult.
59:46Okay, thank you.
59:47So I will call the vote on this,
59:51but just before I do, just 10 seconds.
59:53I actually think this is a good idea.
59:58When I went to some other cities and such like that,
1:00:02I actually heard other cities doing this type of work
1:00:06because 10 years ago,
1:00:09who would have thought that cargo bikes could be e-bikes?
1:00:13And so they're like much more easier now
1:00:16to buy like a cargo bike or a wider bike with the battery.
1:00:20And so many more people are buying these like larger style
1:00:24bikes because they wanna get around
1:00:26and be able to shop or do things without the car.
1:00:30And so then when it comes to the sort of the parking,
1:00:33it's slow, I get that it's slow,
1:00:35but it's a growing sort of sector.
1:00:38And I think it's probably wise to dedicate
1:00:41a certain percentage like this.
1:00:43So if any other developers are listening,
1:00:45you might wanna consider a similar approach here,
1:00:48but just because it is something that's a growing thing.
1:00:51The accessibility part is very real,
1:00:52but it's beyond the accessibility part
1:00:54that a lot of people are choosing sort of
1:00:57the larger bikes now.
1:00:58So okay, with that, I'll call the vote on this amendment.
1:01:03Is anyone against this amendment
1:01:05for the bicycle percentage parking?
1:01:10Okay, that's unanimous as well.
1:01:12So that's great.
1:01:13So is there any more amendments at all on this one?
1:01:18Doesn't look like it.
1:01:19So I'll just get ready to call the vote then
1:01:24on the main motion now as amended.
1:01:26Yep.
1:01:27And we heard some great comments from Councillor Busuttil
1:01:32already about thanking the developer
1:01:35with the work with staff.
1:01:37But is there any other comments just before I call the vote
1:01:40on the main motion as amended?
1:01:42I'll start with Councillor Kerron, please.
1:01:44Thanks, Mirka, three.
1:01:45And certainly this particular application,
1:01:48I think kind of demands some commentary
1:01:50because when we first saw it,
1:01:52there was a lot of visual shock for many of us.
1:01:54We've never had a building of this height before.
1:01:57And I for one was like, oh, we can't do this downtown
1:02:00on a hill and we heard a lot from the community
1:02:04about what an impact that this could have
1:02:06on our downtown negatively and positively.
1:02:08And over the course of this application,
1:02:12coming to us today,
1:02:13we've seen a lot of work on behalf of the builder
1:02:15and I thank them for that.
1:02:17I think we with setbacks and urban design,
1:02:21we've managed to alleviate a lot of the original problems
1:02:24that we perhaps anticipated in this project.
1:02:28I think also times have changed.
1:02:30And sometimes even planning decisions
1:02:32have to incorporate public benefit,
1:02:35the fact that this is rental housing.
1:02:37Regardless of who lives there,
1:02:38this is within our downtown and in our transit quarter.
1:02:41So I am going to support this application
1:02:43because there is a higher public benefit.
1:02:45We did pass the downtown height bylaw
1:02:48and that was all knowing that this application was coming.
1:02:52So I thanks to everyone involved
1:02:54in bringing it forward to us today.
1:02:57Great, thank you very much for those comments.
1:03:00Is there anything further before I call the vote?
1:03:03All right, you get me.
1:03:06I'm pretty excited about this.
1:03:09Our city is growing up.
1:03:13And I am very, very excited to see height
1:03:17in the downtown core like this.
1:03:20This speaks to everything that many of us
1:03:23speak about all the time.
1:03:25We want more people living in the downtown.
1:03:27It's better environmentally instead of sprawl.
1:03:30You know, it's promoting active transportation.
1:03:34It's right beside our transit system.
1:03:36It's in a strategic growth area.
1:03:39When you have more people living downtown,
1:03:40it supports businesses in the downtown.
1:03:43The public realm gets beautified.
1:03:45I think this is amazing.
1:03:48And this is the heavy lifting of work
1:03:50on a policy decision.
1:03:53I don't know how long ago it was, but many years ago,
1:03:57we made a policy decision to look at the heights
1:04:01in the downtown core because the original secondary plan
1:04:04for the downtown was getting stale dated.
1:04:06It was getting old.
1:04:08It was actually pushing the envelope many years ago.
1:04:11And we saw the uptake.
1:04:12And now we said we got to have sort of 2.0, right?
1:04:15We got to have more height in strategic areas
1:04:17within the downtown to try to attract
1:04:19the type of developments that our city needs.
1:04:22We did that policy work and now we have this.
1:04:25This is amazing.
1:04:27And you've never, you said you've never built here before,
1:04:29but in my interactions, hearing from staff and yourself
1:04:32and how you've delegated.
1:04:34And I think you're great.
1:04:36I have a lot of trust in you based on the interactions
1:04:40here that you're going to follow through and make
1:04:42a really great product.
1:04:44And I'm thankful that you've chosen our downtown.
1:04:47There's many cities you can go to.
1:04:49And you've chosen to come to GOLF and build this.
1:04:51This is fantastic.
1:04:53So thank you very, very much.
1:04:54I'm very excited to say yes to this build.
1:04:58And I really hope that that year comes around fast.
1:05:01And I can start to see a crane in the sky.
1:05:04We need more cranes in the sky in our downtown core.
1:05:06Big time.
1:05:07So thank you very much.
1:05:09With that, I'll call the vote.
1:05:10Is anyone against?
1:05:13You nannies.
1:05:15There you go.
1:05:18You can leave now.
1:05:22Thank you very much.
1:05:23OK, so we will go to, what's the next one here?
1:05:27Oh, me.
1:05:28OK.
1:05:30This one is the potential opportunity
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