Item - 2023.TE8.2

Tracking Status

TE8.2 - 214-224 Merton Street - Official Plan and Zoning By-law Amendment Application - Decision Report - Approval

Decision Type:
ACTION
Status:
Amended
Ward:
12 - Toronto - St. Paul's

City Council Decision

City Council on November 8 and 9, 2023, adopted the following:

 

1. City Council amend the Official Plan, for the lands at 214-224 Merton Street substantially in accordance with the draft Official Plan Amendment included as Attachment 5 to the report (September 29, 2023) from the Director, Community Planning, Toronto and East York District.

 

2. City Council amend Zoning By-law 569-2013, for the lands at 214-224 Merton Street, substantially in accordance with the draft Zoning By-law Amendment included as Attachment 6 to the report (September 29, 2023) from the Director, Community Planning, Toronto and East York District, as amended by Parts 3 and 4 below.

 

3. City Council amend the draft Zoning By-law Amendment included as Attachment 6 to the report (September 29, 2023) from the Director, Community Planning, Toronto and East York District to include the following after Section 4(S):
 

“(T) Regulation 230.5.1.10(9)(b) in relation to the location of "long-term" bicycle parking, does not apply;”

 

4. City Council amend the Zoning By-law included as Attachment 6 to the report (September 29, 2023) from the Director, Community Planning, Toronto and East York District to also include reference to “short term” bicycle parking in the newly numbered Section 4(U).

 

5. City Council determine that pursuant to Subsection 34(17) of the Planning Act, no further public notice is to be given.

 

6. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

 

7. Prior to issuance of the Notice of Approval Conditions for Site Plan, City Council require the owner to:

 

a. submit a Functional Servicing and Stormwater Management Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

 

b. enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development according to the transportation report, accepted by the General Manager, Transportation Services and the Functional Servicing Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

 

8. City Council approve that in accordance with Section 42 of the Planning Act prior to the First Above Grade Building Permit, the owner shall convey to the City, an off-site parkland dedication, having a minimum size of 371.3 square metres, comprised of the properties municipally known in the year 2022 as 6A and 6B Pailton Crescent to satisfy the owner's parkland contribution, all to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the City Solicitor.

  

9. City Council approve the acceptance of an off-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition.

 

10. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(September 29, 2023) Report and Attachments 1-5 and 7-9 from Director, Community Planning, Toronto and East York District on 214-224 Merton Street - Official Plan and Zoning By-law Amendment Application - Decision Report - Approval
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-239624.pdf
Attachment 6 - Draft Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-240087.pdf
Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-239732.pdf

Communications (Community Council)

(October 12, 2023) E-mail from Anna Carr (TE.Supp)
(October 17, 2023) E-mail from Robert Kleinman (TE.Supp)
(October 17, 2023) E-mail from Greg Dunford (TE.New)
(October 18, 2023) E-mail from Paul Davignon (TE.New)
(October 18, 2023) Submission from Adam Brown, Brown Dryer, Barristers and Solicitors (TE.New)
https://www.toronto.ca/legdocs/mmis/2023/te/comm/communicationfile-172928.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Motion to Reconsider Item moved by Councillor Josh Matlow (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider Item TE8.2.


1 - Motion to Amend Item moved by Councillor Josh Matlow (Carried)

That: 

 

1. City Council  delete Toronto and East York Community Council Recommendation 4:

 

Recommendation to be deleted:

 

4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

 

a. submit a Functional Servicing and Stormwater Management Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

 

b. enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development according to the transportation report, accepted by the General Manager, Transportation Services and the Functional Servicing Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

 

and, adopt instead the following Recommendation:

 

4. Prior to issuance of the Notice of Approval Conditions for Site Plan, City Council require the owner to:

 

a. submit a Functional Servicing and Stormwater Management Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

 

b. enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development according to the transportation report, accepted by the General Manager, Transportation Services and the Functional Servicing Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.”

 

2. City Council amend the draft Zoning By-law Amendment included as Attachment 6 to the report (September 29, 2023) from the Director, Community Planning, Toronto and East York District to include the following after Section 4(S):
 

“(T) Regulation 230.5.1.10(9)(b) in relation to the location of "long-term" bicycle parking, does not apply;”

 

3. City Council amend the Zoning By-law included as Attachment 6 to the report (September 29, 2023) from the Director, Community Planning, Toronto and East York District to also include reference to “short term” bicycle parking in the newly numbered Section 4(U).

 

4. City Council determine that pursuant to Subsection 34(17) of the Planning Act, no further public notice is to be given. 


Motion to Adopt Item as Amended (Carried)

TE8.2 - 214-224 Merton Street - Official Plan and Zoning By-law Amendment Application - Decision Report - Approval

Decision Type:
ACTION
Status:
Amended
Ward:
12 - Toronto - St. Paul's

Public Notice Given

Statutory - Planning Act, RSO 1990

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1. City Council amend the Official Plan, for the lands at 214-224 Merton Street substantially in accordance with the draft Official Plan Amendment included as Attachment 5 to the report (September 29, 2023) from the Director, Community Planning, Toronto and East York District.

 

2. City Council amend Zoning By-law 569-2013, for the lands at 214-224 Merton Street, substantially in accordance with the draft Zoning By-law Amendment included as Attachment 6 to the report (September 29, 2023) from the Director, Community Planning, Toronto and East York District.

 

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

 

4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

 

a. submit a Functional Servicing and Stormwater Management Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

 

b. enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development according to the transportation report, accepted by the General Manager, Transportation Services and the Functional Servicing Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

 

5. City Council approve that in accordance with Section 42 of the Planning Act prior to the First Above Grade Building Permit, the owner shall convey to the City, an off-site parkland dedication, having a minimum size of 371.3 square metres, comprised of the properties municipally known in the year 2022 as 6A and 6B Pailton Crescent to satisfy the owner's parkland contribution, all to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the City Solicitor.

  

6. City Council approve the acceptance of an off-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition.

 

7. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

Decision Advice and Other Information

The Toronto and East York Community Council held a statutory public meeting on October 18, 2023 and notice was given in accordance with the Planning Act.

Origin

(September 29, 2023) Report from the Director, Community Planning, Toronto and East York District

Summary

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to permit a 129.7-metre (40-storey excluding mechanical penthouse) mixed use building at 214-224 Merton Street. The proposed building would have a total gross floor area of 28,700 square metres including 347.1 square metres of non-residential gross floor area. No office space replacement is proposed.

 

The proposal includes the conveyance of 6A and 6B Pailton Crescent to the City as an off-site parkland dedication.

Background Information

(September 29, 2023) Report and Attachments 1-5 and 7-9 from Director, Community Planning, Toronto and East York District on 214-224 Merton Street - Official Plan and Zoning By-law Amendment Application - Decision Report - Approval
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-239624.pdf
Attachment 6 - Draft Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-240087.pdf
Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-239732.pdf

Communications

(October 12, 2023) E-mail from Anna Carr (TE.Supp)
(October 17, 2023) E-mail from Robert Kleinman (TE.Supp)
(October 17, 2023) E-mail from Greg Dunford (TE.New)
(October 18, 2023) E-mail from Paul Davignon (TE.New)
(October 18, 2023) Submission from Adam Brown, Brown Dryer, Barristers and Solicitors (TE.New)
https://www.toronto.ca/legdocs/mmis/2023/te/comm/communicationfile-172928.pdf

Speakers

Tom Giancos, Senior Vice President, KingSett Capital
Adam Brown, Brown Dryer, Barristers and Solicitors

Motions

1 - Motion to Amend Item moved by Councillor Josh Matlow (Carried)

That the Toronto and East York Community Council amend Recommendation 5 to read as follows:

 

5. City Council approve that in accordance with Section 42 of the Planning Act prior to the First Above Grade Building Permit, the owner shall convey to the City, an off-site parkland dedication, having a minimum size of 371.3 square metres, comprised of the properties municipally known in the year 2022 as 6A and 6B Pailton Crescent to satisfy the owner's parkland contribution, with the remaining parkland dedication to be provided as a cash-in-lieu payment, prior to the first above grade building permit, all to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the City Solicitor.

 


Motion to Adopt Item as Amended moved by Councillor Chris Moise (Carried)
Source: Toronto City Clerk at www.toronto.ca/council