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

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The decision

2023-11-08 · Toronto City Council · amended

As filed

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.

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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.

On the agenda

As the city filed it

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.

Staff recommended

The City Planning Division 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 No. 5 to this report. 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 No. 6 to this report.

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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, 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, 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. 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 (PFR). 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, PFR, 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.

Considered

2023-10-18 · Toronto and East York Community Council · amended
Decision as filed
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.
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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.
Clerk’s note
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.
2023-11-08 · Toronto City Council · amended

On the record

The item as the City filed it

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