By Eva Russell
As revealed earlier this Fall, the current site of the Eastview Shopping Centre, at the corner of Montreal Road and North River Road, is set to be developed by Osgoode Properties. As per the project application, the redeveloped site will consist of multiple towers with new condominiums, office space and ground floor commercial totaling approximately 92,000 square metres. As this project will be looking for rezoning for an increase in density and height, the Section 37 provision of Ontario’s Planning Act will be applicable for the site. So what is Section 37 and how can it benefit the community of Vanier?
Section 37, found within Ontario’s Planning Act, refers to the process in which a municipality can ask for community improvements from developers in exchange for allowance for increased height and density that may not be allowed with the current zoning. Increased density is traded for cash incentives that can be used for community projects and are often due once the building permit has been issued. Community benefits through Section 37 are seen as a way to compensate residents for impacts arising from increased density; they are most commonly applied in downtown, urban areas. Toronto has seen many developments with Section 37 community benefits, and Ottawa is slowly catching on with Section 37 guidelines being passed by City Council in early 2012.
The location of the community improvements from Section 37 are often located in the vicinity of the project and serve as an incentive for developers to provide community improvements that would otherwise require alternative (likely City) funding. Section 37 applies to projects over 7000 sq. metres (Section 2.5 of Ottawa Guidelines) and projects which are seeking an increase in height and density. Section 5.2.1.11 of Ottawa’s Official Plan states that the community benefits that may be authorized to include, but are not limited to, the following:
- Public cultural facilities;
- Building design and public art;
- Conservation of heritage resources;
- Conservation/replacement of rental housing;
- Provision of new affordable housing units; land for affordable housing, or, at the discretion of the owner, cash-in-lieu of affordable housing units or land;
- Child care facilities;
- Improvements to rapid-transit stations;
- Other local improvements identified in community design plans, community improvement plans, capital budgets, or other implementation plans or studies;
- Artist live-work studios;
- Energy conservation and environmental performance measures;
- Conservation of existing greenspace or the creation of new greenspace
According to the City of Ottawa website, four properties in Ottawa are currently in agreement to provide provisions to the surrounding communities as per Section 37:
- 801 Albert Street - Contribution of $450,000 towards the design and construction of a future pedestrian bridge over the existing O-Train, with pathways and stairs along the O-Train.
- 111, 115 and 121 Parkdale Avenue and 71 Burnside Avenue– Contribution of $400,000 to a building and recreation fund for the community of Mechanicsville
- 505 Preston Street – Contribution of $1,150,700 secured for various projects including pathway and sidewalk improvements, a public square at Preston and Carling, park development and traffic calming projects
- 460 St. Laurent Boulevard – Contribution of $312,000 for the neighbourhood of Cardinal Glen neighbourhood (adjacent to Vanier’s northeastern edge) to provide bike/walking pathways, tree planting and park infrastructure.
With the rapid growth and increase in density, the City of Toronto has seen the greatest use of Section 37 with a wide range of projects that benefit surrounding communities. What can we learn from the communities in Toronto? That when communities mobilize and formulate their needs to the City and developers, funds from Section 37 can be secured for important projects. These projects are not decided by City staff, but rather (ideally) from active community groups and residents that voice what their community needs. No project is too small or too large, and from the examples of large projects in Toronto, the list is long with potential ideas. Projects such as:
- 1 Valhalla Inn R (22 storey condo project) - $200K for public art (on site or in local area); $1,005,000.00 towards new community centre and/or gymnasium facility in vicinity of site.
- 2464, 2474, 2490 Bloor Street West (10-12 storey condos, mixed-use project) - $290K for streetscape improvements; $500K for capital improvements; $650K for day nursery capital funds in the local area; public art contribution.
- 1171 Queen St. West (19 storey condo project). - $500K (indexed) for one or more of the following: affordable live/work or work spaces for artists, owned/operated by City or non-profit artspace management organization; public art; new work space for Toronto Public Health to allow community/arts use of former space; renovations/restoration of Carnegie Library bldg at 1115 Queen St. W. for performing arts hub and community meeting space.
- 426 University Avenue (42 Storey Condo Project) - $1M (indexed) for affordable housing in Ward 20, local park improvements, and/or streetscape improvements to Dundas Street West; Heritage Conservation Plan including costs for the reconstruction and restoration of the façade and library of 426 University Avenue.
Now, the residents of Vanier have the opportunity to submit projects for consideration for Section 37 benefits arising from redevelopment of the Eastview Shopping Centre site. The dollar value is unknown at this time, however residents have been asked by the Vanier Community Association for suggestions to ensure that Vanier’s voice is heard. The location for the projects would ideally be surrounding the Eastview site, considering an area within Montreal Road to the north, the Vanier Parkway to the east, Mcarthur Avenue to the south, and North River Road to the west of the site. However the area is not limited to the boundaries of the site and can be expanded. Potential projects for our neighborhood could include:
- A Gateway to Vanier at Cummings Bridge
- Public art
- Traffic calming projects on Montreal Road
- Bixi bike stations at the Eastview development
- A community centre
- A child care facility
- Park redevelopment
- A permanent location for the Vanier’s Farmers Market
- Bicycle/pedestrian underpass under Cummings Bridge
- Affordable housing in the new projects
- New facilities for surrounding parks
Section 37, applied appropriately, can be a positive win for both the community and developers that have chosen to invest in Vanier. These incentives will provide the community of Vanier some much needed financial support that will improve our neighbourhood and promote further development. Suggestions can be provided by email to the Vanier Community Association Sustainable Development Committee.