The Official Plan contains policies pertaining to the provision of community benefits for
increases in height and/or density pursuant to Section 37 of the Planning Act.
As discussed earlier in this report, the proposal includes the provision of a landscaped and publicly
accessible walkway mid-block on Front Street West to Clarence Square, with the objective of
completing the connection at the time of the redevelopment of the adjacent parking lots, which are not
owned by the owner of the subject site. This is an important benefit to be secured through a Section 37
agreement with the applicant, and with the future applicant for the adjacent property.
The community benefits recommended to be secured in the Section 37 agreement are as follows:
1. An indexed cash contribution of $650,000, to be paid prior to the release of above grade permits,
to be used for Clarence Square Park improvements and streetscape improvements on Clarence
Square and on Front Street West, and 10% of the cash contribution to be used for affordable
housing projects in Ward 20;
2. Ten percent (10%) of the residential units in the building have at least three bedrooms, or be
convertible to three or more bedrooms; and
3. A mid-block connection from Front Street West and a public easement over the pedestrian
portion of the mid-block connection.
The following matters are also recommended to be secured in the Section 37 agreement as a legal
convenience to support development:
1. The provision of high quality materials for the mid-block connection to the satisfaction of the
Chief Planner and Executive Director, City Planning Division;
2. 1:50 scale elevations satisfactory to the Chief Planner, for the lower floors of the project to be
provided as part of an application for Site Plan Approval;
3. The implementation of any wind mitigation measures required by the wind study; satisfactory to
the Chief Planner, to be submitted with the Site Plan Approval application;
4. The provision and maintenance of an irrigation system, at the applicant’s expense, for proposed
trees within the public road allowances, 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 Commissioner of Works and Emergency Services, and
requirements to maintain in good order and operation; and
5. Certain green development elements, satisfactory to the Chief Planner, as may be identified in
the Green Development Checklist.