Item - 2020.TE20.3

Tracking Status

TE20.3 - 276 and 290 Merton Street - Zoning Amendment Application - Final Report

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

City Council Decision

City Council on November 25 and 26, 2020, adopted the following:

 

1. City Council amend Zoning By-law 438-86 for the lands at 276 and 290 Merton Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (October 19, 2020) from the Director, Community Planning, Toronto and East York District, amended by replacing Map 2 with the attached Revised Map 2.

 

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 276 and 290 Merton Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (October 19, 2020) from the Director, Community Planning, Toronto and East York District, amended by replacing Diagram 3 with the attached Revised Diagram 3

 

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

 

4. City Council request the Chief Planner and Executive Director, City Planning to explore the possibility of creating a north-south mid-block connection from the subject site at 276 and 290 Merton Street to 265 Balliol Street, the design of which would be secured through the Site Plan Control application process, to the satisfaction of the Chief Planner and Executive Director, City Planning; and City Council further direct Planning staff to make such necessary technical changes to the draft Zoning By-law Amendment attached as Attachments 5 and 6 to the report (October 19, 2020) from the Director, Community Planning, Toronto and East York District, as necessary to accommodate such a north-south mid-block connection prior to final Bills, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

 

5. City Council direct that Planning staff secure as a condition of any Site Plan Approval for the proposed development that the applicant shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, and thereafter in support of the development will implement the Plan during the course of construction; the Construction management Plan will include, but not be limited to, details regarding the size and location of construction staging areas, dates of significant concrete pouring activities, measures to ensure that safety lighting does not negatively impact adjacent residences, construction vehicular parking locations, refused storage, site security, site supervisor contact information and any other matters deemed necessary.

 

6. City Council direct that as part of the review of any Site Plan Approval application for the proposed development that Planning staff, in consultation with the Ward Councillor, review with the applicant measures to minimize and mitigate overlook, including through the use of decorative screening, from the proposed development onto adjacent properties. 

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(October 19, 2020) Report and Attachments 1-13 from Director, Community Planning, Toronto and East York District - 276 and 290 Merton Street - Zoning Amendment Application - Final Report
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-157681.pdf
(November 4, 2020) Attachment 5
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-158103.pdf
(November 4, 2020) Attachment 6
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-158104.pdf
(November 16, 2020) Revised Map 2
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-158499.pdf
(November 16, 2020) Revised Diagram 3
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-158500.pdf

Communications (Community Council)

(November 2, 2020) E-mail from Robert (Bob) Murdie (TE.Supp.TE20.3.1)
(November 9, 2020) Letter from Yan Truong (TE.Supp.TE20.3.2)
(November 9, 2020) Letter from Paul A. Waldoch (TE.Supp.TE20.3.3)
(November 9, 2020) Letter from Philip Kiameh (TE.Supp.TE20.3.4)
(November 10, 2020) Letter from South Eglinton Ratepayers and Residents Association (TE.Supp.TE20.3.5)
https://www.toronto.ca/legdocs/mmis/2020/te/comm/communicationfile-123061.pdf
(November 10, 2020) Letter from Gregory A. Piasetzki (TE.Supp.TE20.3.6)

Communications (City Council)

(November 25, 2020) Letter from Cynthia A. MacDougall, McCarthy Tetrault (CC.New.TE20.3.7)
https://www.toronto.ca/legdocs/mmis/2020/cc/comm/communicationfile-124180.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Nov-25-2020 10:42 AM

Result: Carried Majority Required - TE20.3 - Adopt the Item
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Ana Bailão, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Brad Bradford

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Brad Bradford - as his partner is a planner on this Item.
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=9476

TE20.3 - 276 and 290 Merton Street - Zoning Amendment Application - Final Report

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 Zoning By-law 438-86 for the lands at 276 and 290 Merton Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (October 19, 2020) from the Director, Community Planning, Toronto and East York District, amended by replacing Map 2 with the attached Revised Map 2.

 

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 276 and 290 Merton Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (October 19, 2020) from the Director, Community Planning, Toronto and East York District, amended by replacing Diagram 3 with the attached Revised Diagram 3

 

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

 

4. City Council request the Chief Planner and Executive Director, City Planning to explore the possibility of creating a north-south mid-block connection from the subject site at 276 and 290 Merton Street to 265 Balliol Street, the design of which would be secured through the Site Plan Control application process, to the satisfaction of the Chief Planner and Executive Director, City Planning.  City Council further direct Planning staff to make such necessary technical changes to the draft Zoning By-law Amendments attached as Attachment 5 and Attachment 6 to the report (October 19, 2020) from the Director, Community Planning, Toronto and East York District, as necessary to accommodate such a north-south mid-block connection prior to final Bills, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

 

5. City Council direct that Planning staff secure as a condition of any Site Plan Approval for the proposed development that the applicant shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, and thereafter in support of the development will implement the Plan during the course of construction.  The Construction management Plan will include, but not be limited to, details regarding the size and location of construction staging areas, dates of significant concrete pouring activities, measures to ensure that safety lighting does not negatively impact adjacent residences, construction vehicular parking locations, refused storage, site security, site supervisor contact information, and any other matters deemed necessary.

 

6. City Council direct that as part of the review of any Site Plan Approval application for the proposed development that Planning staff, in consultation with the Ward Councillor, review with the applicant measures to minimize and mitigate overlook, including through the use of decorative screening, from the proposed development onto adjacent properties. 

Decision Advice and Other Information

The Toronto and East York Community Council held a statutory public meeting on November 10, 2020 and notice was given in accordance with the Planning Act.

Origin

(October 19, 2020) Report from the Director, Community Planning, Toronto and East York District

Summary

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 13-storey (47.5 metre, plus an additional 3.0-metre mechanical penthouse) residential building containing 71 dwelling units, with 93 parking spaces in a 3-level underground parking garage at 276 and 290 Merton Street.

 

The proposal is consistent with the Provincial Policy Statement (2020), conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and conforms with the Official Plan and the Yonge-Eglinton Secondary Plan.

 

This report reviews and recommends approval of the application to amend the Zoning By-law.

Background Information

(October 19, 2020) Report and Attachments 1-13 from Director, Community Planning, Toronto and East York District - 276 and 290 Merton Street - Zoning Amendment Application - Final Report
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-157681.pdf
(November 4, 2020) Attachment 5
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-158103.pdf
(November 4, 2020) Attachment 6
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-158104.pdf
(November 16, 2020) Revised Map 2
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-158499.pdf
(November 16, 2020) Revised Diagram 3
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-158500.pdf

Communications

(November 2, 2020) E-mail from Robert (Bob) Murdie (TE.Supp.TE20.3.1)
(November 9, 2020) Letter from Yan Truong (TE.Supp.TE20.3.2)
(November 9, 2020) Letter from Paul A. Waldoch (TE.Supp.TE20.3.3)
(November 9, 2020) Letter from Philip Kiameh (TE.Supp.TE20.3.4)
(November 10, 2020) Letter from South Eglinton Ratepayers and Residents Association (TE.Supp.TE20.3.5)
https://www.toronto.ca/legdocs/mmis/2020/te/comm/communicationfile-123061.pdf
(November 10, 2020) Letter from Gregory A. Piasetzki (TE.Supp.TE20.3.6)

Speakers

Michael Tucci , Rockport
Greg Piasetzk, Ewart Angus Homes Inc
Michael Bissett, Bousfields Inc - On behalf of applicant

Motions

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

That Toronto and East York Community Council:

 

1.  delete Recommendation 1 and replace it with the following new Recommendation 1:

 

"1.  City Council amend Zoning By-law 438-86 for the lands at 276 and 290 Merton Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No.5 to this report, with the following revision:

 

                a.  Replace Map 2 with the Revised Map 2, attached."

 

2.  delete Recommendation 2 and replace it with the following:

 

"2.  City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 276 and 290 Merton Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to this report, with the following revision:

 

                a.  Replace Diagram 3 with the Revised Diagram 3, attached."

 

3.  delete Recommendation 4 and replace it with the following:

 

"4.  City Council request the City Planning Division to explore the possibility of creating a north-south mid-block connection from the subject site at 276 and 290 Merton Street to 265 Balliol Street, the design of which would be secured through the Site Plan Control application process, to the satisfaction of the Chief Planner and Executive Director, City Planning.  City Council further direct City Staff to make such necessary technical changes to the draft Zoning By-law Amendments attached as Attachment No.5 and Attachment No.6 to this report as necessary to accommodate such a north-south mid-block connection prior to final Bills, all to the satisfaction of the Chief Planner and Executive Director, City Planning."

 

4.  add the following new Recommendation:

 

"5.  City Council direct that City Staff secure as a condition of any Site Plan Approval for the proposed development that the applicant shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, and thereafter in support of the development will implement the Plan during the course of construction.  The Construction management Plan will include, but not be limited to, details regarding the size and location of construction staging areas, dates of significant concrete pouring activities, measures to ensure that safety lighting does not negatively impact adjacent residences, construction vehicular parking locations, refused storage, site security, site supervisor contact information, and any other matters deemed necessary."

 

5.  add the following new Recommendation:

 

"6.  City Council direct that as part of the review of any Site Plan Approval application for the proposed development that City Staff, in consultation with the Ward Councillor, review with the applicant measures to minimize and mitigate overlook, including through the use of decorative screening, from the proposed development onto adjacent properties."

 

 


2 - Motion to Adopt Item as Amended moved by Councillor Gord Perks (Carried)

3 - Motion to Reconsider Item moved by Councillor Gord Perks (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, The Toronto and East York Community Council reconsider Item TE20.3.


4 - Motion to Adopt Item as Amended moved by Councillor Gord Perks (Carried)

Vote (Adopt Item as Amended) Nov-10-2020

Result: Carried Majority Required
Total members that voted Yes: 6 Members that voted Yes are Ana Bailão, Paula Fletcher, Mike Layton, Josh Matlow, Gord Perks (Chair), Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 2 Members that were absent are Brad Bradford, Joe Cressy

Declared Interests

The following member(s) declared an interest:

Councillor Brad Bradford - as my wife is a planner on this file.
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=9403
Source: Toronto City Clerk at www.toronto.ca/council