Section 37 provisions since there was some discussion earlier in the thread about Sec 37 and Bill 108 implications.
e. a Section 37 agreement has been executed and registered to the subject property, to secure the following matters:
i. The owner shall provide affordable rental housing units on the subject site, equal to a value of $6,000,000.00 and to the satisfaction of the Chief Planner and Executive Director, City Planning Division, or provide a $6,000,000.00 financial contribution to the Affordable Housing Capital Revolving Fund in lieu of the affordable rental housing units being provided on the subject site.
ii. If taken as a cash contribution, the $6,000,000.00 contribution referred to in Section (i) above shall be indexed upwardly in accordance with Statistics Canada's Construction Price Index for the Toronto Census Metropolitan Area, calculated from the date of the LPAT decision to the date of payment. All cash contributions will be payable prior to issuance of the first above-grade building permit.
f. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the proposed development:
i. The owner agrees to implement above base park improvements to the proposed parkland on the west side of the site, to be funded by a combination of development charge credits and any financial considerations required in lieu of the parkland dedication shortfall, in accordance with Section 42 of the Planning Act, as of the date of this report;
ii. The owner agrees to construct a multi-use path at a minimum width of four metres, located on private property along the rail corridor at the south side of the site, to be offset by development charge credits;
iii. The owner agrees to maintain, at the owners cost, the multi-use path referred to in Section ii. above, clear of any debris, snow and ice and also to be responsible for all capital maintenance costs;
iv. The owner agrees to, at the owner's cost, design and implement improvements to the southern terminus of the Tecumseth Street right-of-way above the base condition, to the satisfaction of the General Manager, Transportation Services;
v. The owner agrees that, of the residential market units provided on the site, a minimum of 20% and 10% will be provided as two-bedroom units and three-bedroom units respectively;
vi. The owner agrees to submit, and thereafter implement, a construction management plan to address such matters as wind, noise, dust, street closures, parking and laneway uses and access. Such plan shall be to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning Division, in consultation with the local Councillor and shall be submitted prior to the commencement of any shoring and excavation work;
vii. The owner agrees to use reasonable efforts to secure affordable rent for additional units within the proposed building, beyond those referred to in Section e. i. above, through Federal, Provincial and/or Municipal funding programs which may become available;
viii. The owner agrees to provide a minimum of one times the area of the lot (approximately 19,480 square metres) as residentially compatible employment space;
ix. The owner agrees to implement any mitigation measures as identified through the review of the Site Plan application to mitigate impacts from the adjacent City Works Yard;
The site is also being used for a couple of Nuit Blanche installations iirc.
