SLNA - Projects

SECTION 37 and SECTION 45 BENEFITS
SLNA Area

SECTION 37 BENEFITS

Benefits under Section 37 of the Planning Act (R.S.O. 1990, CHAPTER P.13) are only obtained if a site-specific zoning by-law is required - additional height/density etc. Section 37 benefits are negotiated with the City during zoning approvals and are part of the appropriate By-Laws, which are discussed by the Toronto and East York Community Council and subsequently by City Council.

1. 1 YONGE STREET (L-TOWER) : City of Toronto By-law No. 860-2008

The Council of the City of Toronto HEREBY ENACTS as follows:
1. Pursuant to Section 37 of the Planning Act, the heights and density of development
permitted in this By-law are permitted subject to compliance with the conditions set out in
this By-law and in return for the provision by the owner of the lot of the facilities, services
and matters set out in Appendix 1 hereof, the provisions of which shall be secured by an
agreement or agreements pursuant to Section 37(3) of the Planning Act.
2. Upon execution and registration of an agreement or agreements with the owner of the lot
pursuant to Section 37 of the Planning Act securing the provision of the facilities,
services and matters set out in Appendix 1 hereof, the lot is subject to the provisions of
this By-law, provided that in the event the said agreement(s) requires the provision of a
facility, service or matter as a precondition to the issuance of a building permit, the owner
may not erect or use such building until the owner has satisfied the said requirements.
3. Except as otherwise provided herein, the provisions of By-law No. 438-86, as amended,
being “A By-law to regulate the use of land and the erection, use, bulk, height, spacing
and other matters relating to buildings and structures and to prohibit certain uses of lands
and the erection and use of certain buildings and structures in various areas of the
City of Toronto”, shall continue to apply to the lot.
4. None of the provisions of Section 2 – Definitions with respect to the definition of
“grade”, “height”, “lot”, and Sections 4(2)(a), 4(5), 4(12),4(13), 4(16), 8(3) Part I, 1,
2 and 3, 8(3) Part II 1(a)(ii), 8(3) Part III 1.(a), 12(2)260, and 12(2)276 of Zoning
By-law No. 438-86, being a by-law to regulate the use of land and the erection, use, bulk,
height, spacing of and other matters relating to buildings and structures and to prohibit
certain uses of lands and the erection and use of certain buildings and structures in
various areas of the City of Toronto, as amended, shall apply to prevent the erection and
use of a mixed use building on the lot provided that:
a. the lot comprises the lands outlined in heavy lines on Plan 1 attached to and
forming part of this By-law;
b. no above grade portion of any building or structure is located otherwise than
wholly within the areas delineated by heavy lines as shown on Plan 2, attached to
and forming part of this By-law;
c. the height of any building or structure or portion thereof, including those elements
referred to in Section 4(2)(a)(i) and (ii) of Zoning By-law No 438-86,
as amended, does not exceed the heights in metres shown on Plan 2 attached to
and forming part of this by-law;
d. the residential gross floor area erected or used shall not exceed 39,814 square
metres;
e. the non-residential gross floor area, erected or used on the lot, in addition to the
heritage building located on the lot in 2007, but excluding any portion of such
building removed as a permitted alteration, shall not exceed 13, 225 square
metres;
f. residential amenity space located indoors shall not be less than 1,021 square
metres;
g. residential amenity space located outdoors shall not be required;
h. common outdoor space shall not be required;
i. residential parking spaces and residential visitor parking spaces serving the
residential uses erected on the lot may be located below grade at premises known
municipally in the year 2007 as 5 and 7 The Esplanade;
j. no parking spaces shall be required for non-residential uses;
k. bicycle parking spaces-visitor and bicycle parking spaces-occupant may be
located on the lot and/or on the lands known municipally in the year 2007 as
5 and 7 The Esplanade;
l. a minimum of 300 bicycle parking space - occupant shall be provided and
maintained on the lot and/or the premises know municipally in the year 2007 as
5 and 7 The Esplanade;
m. 0.09 bicycle parking space - visitor for each dwelling unit, or fraction thereof
equal to or greater than 0.5 shall be provided and maintained on the ground level
of the lot and/or 5 and 7 The Esplanade;
n. bicycle parking spaces - occupant are provided and maintained on the lower
ground floor, upper ground floor, level B1, B2, on the lot and/or 5 and
7 The Esplanade at ground floor, P1 or the second floor;
o. bicycle parking spaces - occupant shall not be combined with storage lockers for
residential units;
p. notwithstanding any partition, subdivision or severance of the lot in effect or
granted in the future the provisions of this By-law shall continue to apply to the
whole of the lot as though no partition, subdivision or severance had occurred;
q. prior to the issuance of the concrete superstructure permit, the owner of the lot
will enter into an Agreement with the City pursuant to Section 37 of the
Planning Act to secure the facilities, services and matters required and register
such agreement against the title to the lands as a first charge;
r. a minimum of 32% of the dwelling units erected and used on the lot shall be
2-bedroom or larger dwelling units; and
s. the heritage building erected on the lot in the year 2007 continues to be erected,
subject to any alterations approved by the City.

2. 406 Adelaide Street East City of Toronto By-law No. 1412-2007

Pursuant to Section 37 of the Planning Act, the heights and density of development as
contemplated on the lot by this By-law are permitted in return for the provision by the
owner of the lot of the following facilities, services and matters to the City at the owner’s
sole expense, in accordance with and subject to the provisions of the agreement(s) to be
executed and registered on title to the lot as referred to in Section 2(a) herein;
(a) the owner shall enter into one or more agreements with the City pursuant to
Section 37 of the Planning Act to secure the facilities, services and matters
required to be provided by this Section 2 and consents to the registration of such
agreement against title to the lot, the said agreement to include provisions relating
to indemnity, insurance, GST, termination, unwinding, registration, priority of
agreement and the indexing of financial contributions as applicable;
(b) prior to issuance of an above grade building permit for the building on the lot, the
owner shall make a cash contribution to the City in the amount of $85,000.00
toward improvements to the east-west public lane situated north of the lot as
shown on the attached Map 1 but where all or some of such cash contribution has
not been allocated for expenditure within 5 years of the date this By-law comes
into effect any remaining monies may be applied to the Heritage Lighting
Program referred to in (c) below at the discretion of the Chief Planner and
Executive Director, City Planning Division;
(c) prior to issuance of an above grade building permit for the building on the lot, the
owner shall make a cash contribution to the City in the amount of $245,000.00
toward the Heritage Lighting Program being an identified community
improvement program in the King-Parliament Community Improvement Area;
(d) the owner shall provide and maintain a public pedestrian walkway over the lot
which shall have a minimum width of 3 metres and shall directly connect at grade
Adelaide Street and the existing public lane within the area identified as
“Public Pedestrian Walkway and Landscape Area” identified on the attached
Map 2, with the specific location, configuration and design to be determined in
the context of a site plan approval pursuant to Section 114 of the City of Toronto
Act, 2006 and Section 41 of the Planning Act as applicable; and
(e) provide the following in support of the orderly development of the lot;
(i) the owner shall:
A. use reasonable commercial efforts to obtain Leadership in Energy
and Environmental Design (“LEED”) certification of the proposed
building on the lot;
B. prior to site plan approval for development on the lot, register the
proposed building with the Canada Green Building Council and
provide written confirmation of such registration to the
Chief Planner and Executive Director, City Planning Division; and
C. provide such documentation and supporting materials as may be
requested by the Chief Planner and Executive Director,
City Planning Division, with respect to LEED certification
including, application materials, marketing materials, reports and
decision documents;
(ii) the owner shall use quality exterior building materials in the construction
of the building on the lot to the satisfaction of the Chief Planner and
Executive Director, City Planning Division, acting reasonably, and shall
incorporate details of the same into its submission of plans and drawings
for site plan approval pursuant to Section 114 of the City of Toronto Act,
2006 and Section 41 of the Planning Act as applicable;
(iii) owner shall, for the purpose of enhancing and complimenting the terminus
of Princess Street shown on the attached Map 1, retain an artist to design
and shall provide and maintain an artistic feature on the lot satisfactory to
the Chief Planner and Executive Director, City Planning Division, acting
reasonably, which shall be financially secured as part of the landscaping
requirements prior to site plan approval and the specific location and
details of the artistic feature shall be determined in the context of site plan
approval pursuant to Section 114 of the City of Toronto Act, 2006 and
Section 41 of the Planning Act as applicable;
(iv) the owner shall, at its own expense, provide and maintain an irrigation
system for any proposed trees within the public road allowance, including
an automatic timer, designed to be water efficient by a Certified
Landscape Irrigation Auditor and constructed with a back flow preventer,
to the satisfaction of the General Manager Parks, Recreation and Forestry;
and
(v) retain a consultant archaeologist, licensed by the Ministry of Culture under
the provision of the Ontario Heritage Act, as amended, to undertake an
archaeological assessment of the lot and shall:
A. prior to site plan approval for development on the lot, submit an
Archaeological Assessment and Mitigation Plan;
B. prior to issuance of the first building permit for a building on the
lot and prior to any remediation, demolition, excavation, grading,
construction or other soil disturbances on the lot, satisfy all
archaeological licensing and technical review requirements of
Heritage Preservation Services and the Ministry of Culture; and
C. at its own expense, mitigate adverse impacts to any archaeological
resources found on the lot in accordance with the Archaeological
Assessment and Mitigation Plan to the satisfaction of the Manager
of Heritage Preservation Services.

3. 38-40 The Esplanade (London on the Esplanade) City of Toronto By-Law 26-2007

Following an OMB decision the City passed this by-law which included the following:

the owner of the lot at its expense and in accordance with and subject to the
agreement referred to in paragraph (16) herein;
(a) pays to the City the sum of $700,000 prior to the issuance of the first
foundation building permit, towards the creation of a public park on the
lands bordered by The Esplanade, Market Street, Wilton Street and
Lower Jarvis Street;
(b) pays to the City the sum of $50,000 prior to the issuance of the first
foundation building permit, towards streetscape improvements on the
eastside of Scott Street between Scott Lane and Front Street East,
including weather protection along the west wall of the St. Lawrence
Centre for the Arts;

4. 108-116 George Street (VU Condominium) City of Toronto By-law No. 215-2006

A total of $400,000 for the following Community Improvement Initiatives:
1. $150,000 for Streetscape Improvements to George between King and Adelaide
2. $150,000 for Heritage Improvement in King-Parliament to include $75,000 Heritage Interpretation feature at S.W. comer of George and Adelaide East.
3. $100,000 for Community Improvements including:
A. safety improvements in St. James Park as detailed in the Community Safety Audit;
B. improvements to the lighting in St. James Park; and
C. improvements to the lighting on Frederick Street.

5. 18 Lower Jarvis Street (Not yet a by-law - OMB Decision 13 August 2008)

A Section 37 contribution to the City consisting of $1,000,000.00 for public art and $500,000.00 for
other streetscape improvements on Lower Jarvis Street was part of the settlement. No by-law has yet (November 2008) been passed by City Council.

6. 330 King Street East.

A Section 37 Agreement framework was proposed at TEYCC in November 2008. It reads

"The community benefit recommended to be secured in the Section 37 agreement is:
- prior to the issuance of the first above grade permit, the owner shall pay to the
City the sum of $325,000. This amount shall be indexed in accordance with the
Non-Residential Construction Price Index for the Toronto CMA, reported
quarterly by Statistics Canada in Construction Price Statistics Publication No. 62-
007-XPB, or its successor, calculated from the date of execution of the Section 37
Agreement to the date of submission of the funds by the owner to the City.
The monies should be distributed as follows:
- $300,000 towards the funding of the new public market portion of the North
St. Lawrence Market Redevelopment; and
- $25,000 towards streetscaping improvements within the Corktown Area of
Special Identity (as identified by Map 15-3 in the King-Parliament Secondary
Plan).
The following matters are also recommended to be secured in the Section 37 agreement
as a legal convenience to support development:
- The owner shall provide and maintain an irrigation system at the owner’s expense
for any proposed trees within the public road allowance, including an automatic
timer, designed to be water efficient by a Certified Landscape Irrigation auditor
(CLIA) and constructed with a back flow preventer to the satisfaction of the
General Manager, Technical Services;
- The owner shall provide for any improvements to the municipal infrastructure in
connection with the site servicing review, should it be determined that up-grades
are required to the infrastructure to support this development, according to the site
servicing review accepted by the Executive Director of Technical Services; and
- The owner shall incorporate in the construction of the building, and maintain,
design and exterior materials satisfactory to the Chief Planner and Executive
Director."

SECTION 45 BENEFITS

Benefits under Section 45 of the Planning Act (R.S.O. 1990, CHAPTER P.13) can be negotiated when the Committee of Adjustment approves a minor variance. Section 45 benefits are not noted in by-laws.

275 King Street East

To provide $175,000 for Parks

288 King Street East (TCHC)

To provide payment of $200,000 for local streetscape and/or park improvements.

553-571 Adelaide Street E

To provide $80,000 for streetscape. File A0276/02TEY

101 Sherbourne Street

To provide cash funds to rebuild the sidewalks to the standards set out in the St. Lawrence Streetscape Detail on the west side of Sherbourne Street between Richmond Street East and Queen Street East and on the east side of Sherbourne Street between the northern limit of the site and Queen Street East; provide the City with a $100,000 cash contribution for the Heritage Signage Interpretation Plan as set out in the King-Parliament Community Improvement Plan. File A0024/03TEY

252 Adelaide Street East

$150,000 may potentially be secured for the King-Parliament CIP Fund based on conditional development approval for this site. File A0602/03TEY

275 King Street East

To provide $175,000 for parks

City Reserve Funds under the Planning Act

These funds have been provided by developers several years ago and are held by the City to do certain agreed-upon things.

109 Front St East - Provides funding to cover the cost of rectifying any deficiencies to the parking facility found as a result of the inspections required under the Municipal Capital Facility Agreement made on Jan 20, 1998 between 109 Front St East Inc and the City. (As of December 2007 fund has a credit balance of $63,643.)

226 King Street East. $81,573 is available as of December 2007 - see SLNA Development Committee Page. This money is to be put into the consolidated fund for the King-Parliament CIP..

247 Richmond Street East : $210,478 is available as of December 2007 -see SLNA Development Committee Page. This money is to be put into the consolidated fund for the King-Parliament CIP.

Last revised: April 2010, Webmaster.