September 3rd’s meeting of Peterborough City Council saw the adoption of a zoning by-law amendment, permitting the construction of a controversial 17-storey mixed-use residential building over a site belonging to the Mark Street United Church.

The item was first recommended at September 2nd’s general committee meeting, which was moved from August 25th after a six-hour meeting of the Planning Act on the 90 Hunter redevelopment. 

Before the September 3rd meeting, protestors convened in front of Peterborough City Hall to voice their opposition to the development.

Opponents of the redevelopment swarmed City Hall itself, filling both the meeting room gallery and overflow room. Over the course of the six-hour meeting, they repeatedly heckled and yelled at supporters of and developers involved in the project, prompting several warnings from the chair Mayor Jeff Leal.

On the agenda were two items relating to the redevelopment: the rezoning of 90 Hunter Street and the demolition of the portion of Mark Street United Church over which the new residential complex would be built.

Ten delegates presented their opinion on the proposed development to council, beginning with TVM CEO Amit Sofer.

“I'd like to remind council that the project that we propose will be in the City of Peterborough for many, many, many years,” Sofer began. “Through the initial phase, we may make some applications for Community Community Improvement Plan tax increments. However, once that phases out, as it has with many of our buildings in the city, the contribution to the city's tax base will continue indefinitely.”

“While the city here at Council is making determinations on its expenditure of $90 million [on an expansion to the Peterborough police station] or $175 million [on a new Multi-Use Sports and Events Centre]...I, through the TVM group, am proposing to bring a $90 million build to 90 Hunter Street,” he said.

“While there's a lot of people here representing themselves, again I say there isn't anyone but myself representing a contingent of persons who need reasonably priced accommodations.”

The gallery erupted into laughter and mockery as Sofer concluded his delegation, saying “I believe our development is a sound project.”

Town Ward Councillor Alex Bierk took umbrage with Sofer’s delegations during the subsequent question and answer period.

“Are you aware of research from CMHC and the urban displacement project showing that a development like this often raises surrounding rents? How does this project avoid the same outcome in East City?” He asked.

“I apologize, I've not seen that,” Sofer answered. “However, my logic and my experience—and that is based upon the developments that we have done in the city of Peterborough to date [tells me that] additional rental options increase the number of apartments, and I look at it as a supply and demand.”

Ashburnham Ward Councillor Keith Riel quickly followed suit.

“Can you please explain to me why you think a 17-storey building, the tallest building in the city in Peterborough, will not have an effect on the downtown of East City?” He asked Sofer.

“I do think it will have an impact,” retorted Sofer, “a positive impact.”

“​​Change is a difficult thing for everybody to accept. And we definitely believe that more people, more vibrancy, more amenity space, more public parking, more shops will have a positive impact,” he continued.

The next speaker was former mayor and chair of the Mark Street United Church board of trustees Daryl Bennett.

“This proposal meets the official plan of the City of Peterborough. The official plan was endorsed by the province of Ontario,” Bennett said.

“This council and other councils will follow that official plan for years to come. If you do not want height from your buildings or intensification, then you remove it from your official plan,” he told councillors.

“You cannot change your policies on the fly.”

After Bennett’s comments began a series of delegations against the development, starting with resident Desmond Vandenberg.

Vandenberg offered a brief summary of why he believed the building was unfit to the character of its neighborhood—“a square peg in a round hole,” in his words—before once again calling out Otonabee Ward Councillor Kevin Duguay for what he perceived to be a conflict of pecuniary interest.

“He should recuse himself because the applicant was a former client of his,” Vandenberg said, before Mayor Leal urged him to return to the topic of the 90 Hunter development, warning that he was in “dangerous waters.”

Mayor Leal then gave Councillor Duguay the opportunity to respond to Vandenberg’s accusations.

“I was in fact retained by the Mark Street United Church about 82 months ago. My role, sir, was to assist the church with the severance of lands that contain single unit dwelling properties from the land holders,” he explained. “At no time during that process…was there any sense, any inclination that there would be future developments on the property. I want to be very clear.”

Another opponent of the development was Oriona Rendon, a current TVM tenant who attested to the living conditions of her apartment building.

“Mr. Sofer had mentioned that he would be happy to give any one of you a tour of any of their buildings,” she said, “and so I thought I would give you a glimpse into my building, as it may give you more insight into the company proposing this project.”

“I have texts, emails and official work order forms submitted through their resident portal that have gone unanswered and unacknowledged for months and years,” Rendon told council

“I won't get into many details, but the correspondence included fire safety concerns, water damage due to a leak that went unchecked for over a year, which I did bring their attention to, electrical issues, mold, whatever,” she went on. 

“The first time in over a year that I received any word from my superintendent about these issues was this morning, about 40 minutes after the list of delegates was released.”

Following over three hours of delegations, council moved into the debate period for the motion.

“I Googled what the responsibility of Council is,” began Ashburnham Councillor Keith Riel, “and this is the Municipal Act…council are the voice of their constituents. They bring forward concerns, priorities and feedback from residents and their board to city council.”

“I raise that issue because the vote a week ago was seven to four, and when I see the number of phone calls, the number of emails and the amount of people in personal conversations, but also a 600-signature petition, that gets my blood rolling,” he continued.

“If you think passing a 17-storey building in East City is going to be the end of this, you want to look at yourself in the mirror because it's coming to your ward.”

Riel then moved an amendment to the main motion to limit the height of the building to 10 storeys, the proposed height of the building last year.

Discussions following Riel’s amendment continued to focus on his and councillors Bierk and Lachica’s opposition to the original 17-storey proposal. Later, Ashburnham and Monaghan Ward Councillors Gary Baldwin and Don Vassiliadis inquired with city staff about possible litigation from TVM should council defer approval of or amend their proposal.

“Under the Planning Act, council has 90 days to make a decision on zoning by law amendment applications” said Director of Planning, Development and Urban Design Brad Appleby, “this particular application was deemed complete on April 22 of this year. 90 days from that would be right now.”

“Past the 90 day deadline, then the applicant does have the opportunity to appeal the matter to the tribunal.”

“What you're considering, though, is something a bit different,” noted Appleby. “The motion that's in front of us here would be to change the recommended by-law…what you're actually contemplating is making a decision, but a bit of a different decision. The applicant still has the opportunity to appeal that as well.”

In the end, the amendment was lost 6-5 with only Councillors Lachica, Bierk, Crowley, Baldwin and Riel’s support.

Council thereby returned to debates over the main motion, which were cut short by a motion to put the question—meaning putting the motion straight to a vote without further discussion—from Otonabee Ward Councillor Lesley Parnell, which carried.

The final vote saw council approve the redevelopment of 90 Hunter Street’s Christian Education Centre into a 17-storey residential building 7-4, with Councillors Lachica, Bierk, Baldwin and Riel opposed.

Later in the night, council unanimously approved the demolition of the condemned education centre in order to make way for the redevelopment of the site.