Item - 2015.PG6.7
Tracking Status
- City Council adopted this item on September 30, 2015 with amendments.
- This item was considered by the Planning and Growth Management Committee on September 16, 2015 and adopted without amendment. It will be considered by City Council on September 30, 2015.
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)
https://www.toronto.ca/legdocs/mmis/2015/pg/bgrd/backgroundfile-83196.pdf
Motions (City Council)
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.
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.
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 Bailão, 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
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
https://www.toronto.ca/legdocs/mmis/2015/pg/bgrd/backgroundfile-83196.pdf