Item - 2015.PG6.7

Tracking Status

PG6.7 - Sections 37 and 45(9), Community Benefits Secured in 2013 and 2014

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on September 30, October 1 and 2, 2015, adopted the following:

 

1.  City Council request the Chief Planner and Executive Director, City Planning to report annually on the Section 37 and 45 benefits secured in the preceding year.

 

2.  City Council direct Planning staff to post Section 37 and Section 45 monies outlined in the report (August 31, 2015) from the Chief Planner and Executive Director, City Planning on the City of Toronto Planning Division's website and City Council direct Planning staff to make this information available in a format compatible with the City of Toronto's Open Data catalogue.

 

3.  City Council request the Chief Planner and Executive Director, City Planning to review Section 37 obligations as they pertain to development under 10,000 square metres and to report on policy alternatives to Council through the Planning and Growth Management Committee.

Background Information (Committee)

(August 31, 2015) Report and Attachments 1 and 2 from the Chief Planner and Executive Director, City Planning on Sections 37 and 45(9), Community Benefits Secured in 2013 and 2014
https://www.toronto.ca/legdocs/mmis/2015/pg/bgrd/backgroundfile-83196.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Paul Ainslie (Carried)

That:

 

1.  City Council direct Planning staff to post Section 37 and Section 45 monies outlined in the report (August 31, 2015) from the Chief Planner and Executive Director, City Planning on the City of Toronto Planning Division's website and City Council direct Planning staff to make this information available in a format compatible with the City of Toronto's Open Data catalogue.


2 - Motion to Amend Item (Additional) moved by Councillor Joe Mihevc (Carried)

That:

 

1.  City Council request the Chief Planner and Executive Director, City Planning to review Section 37 obligations as they pertain to development under 10,000 square metres and to report on policy alternatives to Council through the Planning and Growth Management Committee.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Oct-02-2015 4:01 PM

Result: Carried Majority Required - PG6.7 - Adopt the item as amended
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 11 Members that were absent are Michelle Berardinetti, Christin Carmichael Greb, Vincent Crisanti, Rob Ford, Norman Kelly, Mike Layton, Giorgio Mammoliti, Ron Moeser, James Pasternak, David Shiner, Kristyn Wong-Tam

PG6.7 - Sections 37 and 45(9), Community Benefits Secured in 2013 and 2014

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Planning and Growth Management Committee recommends that:

 

1.  City Council request the Chief Planner and Executive Director, City Planning to report annually on the Section 37 and 45 benefits secured in the preceding year.

Origin

(August 31, 2015) Report from the Chief Planner and Executive Director, City Planning

Summary

This report provides Council with the first annual report summarizing yearly contributions secured from the application of Sections 37 and 45 of the Planning Act with respect to community benefits/capital facilities.

 

The City Planning staff analysis has identified that in the calendar years of 2013 and 2014 the City “secured” $112,327,762 in future cash contributions, for approximately 204 community benefits/capital facilities, through 98 site-specific zoning by-laws approved by Council or the Ontario Municipal Board (OMB) containing Section 37 provisions, and 29 Committee of Adjustment or OMB approvals of minor variances with Section 45(9) community benefit conditions attached.  In addition, the City secured 181 in-kind community benefits/capital facilities that the owner/developer had agreed to construct/provide.  These in-kind or non-monetary obligations are generally secured through a letter of credit and are contractually enforceable per the provisions of a site-specific zoning by-law and either Sections 37 or 45 agreements registered on title.  The value of the in-kind contributions, where a letter of credit has been required, is estimated at $51,928,000.

 

"Secured" does not mean that the money has been received by the City, but rather that there is an agreement that the applicant will provide the funds at a future date, generally at the time of application for a building permit.  Further, it should be noted that while the City may have secured a benefit, there are occasions where a project does not proceed and the community benefit may never materialize.

Background Information

(August 31, 2015) Report and Attachments 1 and 2 from the Chief Planner and Executive Director, City Planning on Sections 37 and 45(9), Community Benefits Secured in 2013 and 2014
https://www.toronto.ca/legdocs/mmis/2015/pg/bgrd/backgroundfile-83196.pdf

Motions

Motion to Adopt Item moved by Councillor David Shiner (Carried)
Source: Toronto City Clerk at www.toronto.ca/council