Item - 2014.PG31.4

Tracking Status

PG31.4 - Improvements to the Section 37 Implementation Process

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on April 1, 2 and 3, 2014, adopted the following:

 

1.         City Council amend the Implementation Guidelines for Section 37 of the Planning Act, attached as Attachment 2 to the report (February 10, 2014) from the Chief Planner and Executive Director, City Planning by adding:

 

“An appropriate geographic relationship exists if one or more of the following criteria are applicable:

 

a.         the contributing development is located within the catchment area of the facilities being constructed or improved as a community benefit;

 

b.         the contributing development is located within the community or neighbourhood that benefits from the provision of the community benefits;

 

c.         the occupants of the contributing development will have the opportunity to use the facilities being constructed or improved; and

 

d.         the contributing development will benefit from the provision of the community benefits, possibly through increased value, or enhanced marketing or business opportunities."

 

2.         City Council direct the Chief Planner and Executive Director, City Planning to continue to consider the incorporation of  base and maximum densities and a schedule of community benefits related to increasing density through a quantitative formula when updating Secondary Plan policies and/or site specific and area Official Plan policies for areas of the City as appropriate.

 

3.         City Council request the Chief Planner and Executive Director, City Planning to prepare public education materials that explain the City’s process for securing Section 37 community benefits.

 

4.         City Council request the Chief Planner and Executive Director, City Planning to prepare an annual report summarizing the previous year’s achievements regarding Section 37 community benefits.

 

5.         City Council request the Chief Planner and Executive Director, City Planning to report to the Planning and Growth Management Committee on an Official Plan policy whereby when lands designated as Employment Area are proposed to be converted to residential uses as a result of future Municipal Comprehensive Reviews the value of the increase in residential density is captured as a Section 37 public benefit.

 

6.         City Council request the Chief Planner and Executive Director, City Planning to report to the Planning and Growth Management Committee in the first quarter of 2015 on:

 

a.         the status of the City's current Official Plan review of Section 37 affordable housing policies and development of implementation guidelines; and

 

b.         the concept of establishing a specialized City-wide interdivisional staff team to lead Section 37 negotiations to operate in consultation with the Ward Councillor and Planning staff within the Community Council district.

 

7.         City Council reiterate its request to the Province to introduce new language under Section 37 of the Planning Act that enables municipalities to establish a value-based formula or quantum approach for the use of Section 37.

Background Information (Committee)

(February 10, 2014) Report from the Chief Planner and Executive Director, City Planning Division on Improvements to the Section 37 Implementation Process
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-66993.pdf
Attachment 1: Section 37 Review, Final Report
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-66994.pdf
Attachment 2: Implementation Guidelines for Section 37 of the Planning Act and Protocol for Negotiating Section 37 Community Benefits
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-66995.pdf
Presentation from the Chief Planner and Executive Director, City Planning on Improvements to the Section 37 Implementation Process
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-67259.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That City Council request the Chief Planner and Executive Director, City Planning to report to the Planning and Growth Management Committee in the first quarter of 2015 on:

 

1.         the status of the City's current Official Plan review of Section 37 affordable housing policies and development of implementation guidelines; and

 

2.         concept of establishing a specialized city-wide interdivisional staff team to lead Section 37 negotiations to operate in consultation with the Ward Councillor and Planning staff within the Community Council district.

Vote (Amend Item (Additional)) Apr-03-2014 2:15 PM

Result: Carried Majority Required - PG31.4 - Shiner - motion 1
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 10 Members that were absent are Maria Augimeri, Ana Bail„o, Vincent Crisanti, Paula Fletcher, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Karen Stintz, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Apr-03-2014 2:16 PM

Result: Carried Majority Required - PG31.4 - Adopt the item as amended
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 10 Members that were absent are Maria Augimeri, Ana Bail„o, Vincent Crisanti, Paula Fletcher, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Karen Stintz, Michael Thompson

PG31.4 - Improvements to the Section 37 Implementation Process

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Planning and Growth Management Committee recommends that:

 

1.         City Council amend the Implementation Guidelines for Section 37 of the Planning Act, attached as Attachment 2 to the report (February 10, 2014) from the Chief Planner and Executive Director, City Planning by adding:

 

“An appropriate geographic relationship exists if one or more of the following criteria are applicable:

 

a.         The contributing development is located within the catchment area of the facilities being constructed or improved as a community benefit;

b.         The contributing development is located within the community or neighbourhood that benefits from the provision of the community benefits;

c.         The occupants of the contributing development will have the opportunity to use the facilities being constructed or improved;

d.         The contributing development will benefit from the provision of the community benefits, possibly through increased value, or enhanced marketing or business opportunities."

 

2.         City Council direct the Chief Planner and Executive Director, City Planning to continue to consider the incorporation of  base and maximum densities and a schedule of community benefits related to increasing density through a quantitative formula when updating Secondary Plan policies and/or site specific and area Official Plan policies for areas of the City as appropriate.

 

3.         City Council request the Chief Planner and Executive Director, City Planning to prepare public education materials that explain the City’s process for securing Section 37 community benefits.

 

4.         City Council request the Chief Planner and Executive Director, City Planning to prepare an annual report summarizing the previous year’s achievements regarding Section 37 community benefits.

 

5.         City Council request the Chief Planner and Executive Director, City Planning to report to the Planning and Growth Management Committee on an Official Plan policy whereby when lands designated as Employment Area are proposed to be converted to residential uses as a result of future Municipal Comprehensive Reviews the value of the increase in residential density is captured as a Section 37 public benefit.

 

6.         City Council reiterate its request to the Province to introduce new language under Section 37 of the Planning Act that enables municipalities to establish a value-based formula or quantum approach for the use of Section 37.

Decision Advice and Other Information

The Planning and Growth Management Committee requested the Chief Planner and Executive Director, City Planning to report to the Planning and Growth Management Committee on a protocol for how the City will deal with funds, secured through Section 37 and/or Section 45 agreements, that are unspent or in respect to which the originally intended purpose is no longer appropriate; the report to include guidelines on how the agreements are drafted to avoid this problem in the future.

 

The Chief Planner and Executive Director, City Planning, gave a presentation to the Planning and Growth Management Committee.

Origin

(February 10, 2014) Report from the Chief Planner and Executive Director, City Planning

Summary

This report summarizes the results of a consultant study undertaken to review the Section 37 implementation process, and recommends process changes. The recommendations in this report are informed by the outcomes of the accompanying consultant’s study (Attachment 1) which relied on extensive consultation with City staff from a broad cross section of divisions, Councillors, and the development industry. 

 

Staff have reviewed the consultant's findings and have made recommendations which address:  clarifying what constitutes a reasonable planning relationship within the City's Section 37 Implementation Guidelines; requesting the Province to amend Section 37 of the Planning Act to enable a standardized determination of the quantum of benefits; continuation of the consideration of introducing base densities in specific areas of the City when updating Secondary Plan policies and/or site specific and area Official Plan policies; and annual public reporting on Section 37 benefits.

Background Information

(February 10, 2014) Report from the Chief Planner and Executive Director, City Planning Division on Improvements to the Section 37 Implementation Process
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-66993.pdf
Attachment 1: Section 37 Review, Final Report
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-66994.pdf
Attachment 2: Implementation Guidelines for Section 37 of the Planning Act and Protocol for Negotiating Section 37 Community Benefits
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-66995.pdf
Presentation from the Chief Planner and Executive Director, City Planning on Improvements to the Section 37 Implementation Process
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-67259.pdf

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Adam Vaughan (Carried)

That the Chief Planner and Executive Director, City Planning report to the Planning and Growth Management Committee on a protocol for how the City will deal with funds, secured through Section 37 and/or Section 45 agreements, that are unspent or in respect to which the originally intended purpose is no longer appropriate; the report to include guidelines on how the agreements are drafted to avoid this problem in the future.


2 - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

That City Council request the Chief Planner and Executive Director, City Planning to report to the Planning and Growth Management Committee on an Official Plan policy whereby when lands designated as Employment Area are proposed to be converted to residential uses as a result of future Municipal Comprehensive Reviews the value of the increase in residential density is captured as a Section 37 public benefit.


3 - Motion to Amend Item moved by Councillor John Filion (Carried)

That Recommendation 2 be amended by adding the words "and maximum" after the words "of base" so that the recommendation now reads:
 
The City Planning Division continue to consider the incorporation of base and maximum densities and a schedule of community benefits related to increasing density through a quantitative formula when updating Secondary Plan policies and/or site specific and area Official Plan policies for areas of the City as appropriate.


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