Excerpts from the Section 37 Agreement – 180 Sudbury St

Subsection 37(3) of the Planning Act provides that where an owner of land elects to
provide facilities, services or matters in return for an increase in the height or density of
development, a municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters;

Pertinent sections have been pulled out and bolded to indicate non-compliance to this agreement by of the owner of 180 Sudbury – These issues are currently being addressed with Councillor Ana Bailao and Senior Planner Sarah Phipps.

To see the full agreement click here

Section 4 – Affordable Housing (pg 6)

City and the Owner acknowledge and agree that the Owner proposes to develop the
Site in two phases, with Phase I being a building with a maximum height of 18 storeys
containing approximately 190 units of Affordable Rental Housing, including 27
Affordable Artist Live/Work Units as shown on the plans and drawings listed in the
schedules of the Site Plan Agreement. For greater certainty, the Owner acknowledges
and agrees that the construction of 190 units of Affordable Rental Housing in Phase I
shall include:

i) the construction of 27 Affordable Artist Live/ Work Units; and
ii) the provision of a minimum of 280 square metres of contiguous workshop space
in Phase 1, a portion of which is at-grade, for use by the residents of the artist
live/work units, which space shall be accessed by corridors with a minimum
width of five (5) feet and shall include adequate ventilation to permit any artistic
activities that may be prohibited in the Affordable Artist Live/Work Units, to the
satisfaction of the Chief Planner.

4.2 The Affordable Artist Live/Work Units referred to in Section 4.1i) above shall include
operable windows and fans in any living area and heights of nine (9) feet from floor to
ceiling. The specific details of how tenants for the Affordable Artist Live/Work Units
will be selected and how the Affordable Artist Live/Work Units will be managed will be
established by St. Clares Multifaith Housing Society, in consultation with the Chief
Planner, and will be consistent with the terms of the City’ s Request- for-Proposal under
which the Affordable Rental Housing in Phase 1 was selected.

Schedule “C” Zoning Amendment By-law (pg 29)

EXCEPTIONS FROM ZONING BY-LAW 438-86, AS AMENDED
I. The following sections of Zoning By-law 438-86, as amended, do not apply to any
building or structure to be erected or used within the lands indicated on Map 1 to this
exception:
Section 4 (2)
-30-
Section 4(11)
Section 4 (16)
Section 7 (2)
Section 7 (3) Part I
Section 7 (3) Part Ill 1
Section 7 (3) Part 113 through 7
Section 7 (3) Part IV
The following definitions in Section 2 of Zoning By-law 438-86, as amended, shall he
replaced by the definitions in Section 14 of this exception:
i) artist live/work studio;
ii) grade;
iii) residential amenity space; and
iv) street-related retail and service uses

NON-RESIDENTIAL USES
A minimum non-residential gross floor area of 3,745 square metres shall be
provided at full build-out, of which a minimum of 2,400 square metres shall be
provided in Building A and a minimum of 1,300 square metres shall be provided
in Building B. For the purpose of calculating the minimum non-residential gross
floor area, non-residential uses are as defined in the chart in Section 2 of this
exception except:
(i) non-residential gross floor area relating to the following uses shall not
count toward meeting the minimum non-residential use requirement of
this exception:
a) uses listed in the chart in Section 3(d)(b)(vii) of this exception
under the heading “Automobile-Related Uses”;
b) park;
c) public park;
d) public playground;
e) open air market;
f) market gardening;
g) bicycle parking spaces; and
h) parking spaces; and
(ii) residential gross floor area relating to the following uses shall be
counted as non-residential solely for the purpose of meeting the
minimum non-residential density requirement of this section of the
exception:
a) artist live/work studios; and
b) any portion of the indoor residential amenity space which is
primarily used for the production of art by the residents of the
building;

Section 4 – Uses at Grade (Pg 34)

1. No person shall erect or use a building or structure fronting onto the mews and/or
Abell Street for any purpose unless:
(i) street-related retail and service uses are provided;
(ii) at least 60 percent of the aggregate width of any building facade facing
onto the mews or onto Abell Street is used for street-related retail and
service uses and/or for the purpose of an artist’s or photographer’s
studio, custom workshop, performing arts studio, public art gallery or
commercial school at the main floor level of the building; and
(iii) there shall be at least one entry door every 15 metres at grade along the
mews east of the pedestrian opening required by paragraph (6) of this
exception; and

2 No person shall erect or use any building or any portion thereof for any nonresidential use unless:

(i)the main floor is located no more than 0.2 metre below and no more than
1.2 metres above the level of the sidewalk or publicly accessible area
directly opposite the entry to the unit;
(ii) notwithstanding (i) above, a non-residential use is permitted within the first level of Building A below grade, having a floor level up to 1.0 metre below the level of the publicly accessible area directly opposite the entry to the writ;

(iii) the main floor level along any street frontage or any frontage along a
publicly accessible area shall have a depth of not less than 7.0 metres
measured from the main wall of the building for a width of at least 60%
of any street frontage of the building or any frontage of the building
along a publicly accessible area; and

(iv) all exterior entrance doors, other than service entrance doors, which
provide access to a non-residential use within the building, shall be
directly accessible from the public sidewalk or the publicly accessible
landscaped open space opposite the door by a level surface or a ramp not
exceeding a gradient of I in 25 (4%).

Section 9 – Residential Amenity Space (Pg 38)

Notwithstanding the provisions of Section 4(12) of Zoning By-law 438-86, as
amended, residential amenity space shall be provided as follows:

(i) for Building A and Building B combined, a minimum of 1.5 square
metres per dwelling unit of indoor residential amenity space shall he
provided;
(ii) for Building A, at least 360 square metres of indoor residential amenity
space shall be provided of which a minimum of 80 square metres shall
be located in a multi-purpose room or contiguous multi-purpose rooms,
at least one of which contains a kitchen and has immediate access to a
washroom
(ii) for Building A, a minimum of 100 square metres of outdoor residential
amenity space shall be provided;

Section 13 – Section 37 of The Planning Act (pg 41)

(xvi) Workshop Space in Building A
the owner shall provide a minimum of 280 square metres of
workshop space in Building A for use by the residents of the artist
live/work units in Building A, to the satisfaction of the Chief
Planner;

Section 14 – Definitions (pg 45)

All italicized words and expressions in this exception have the same meanings as defined
in Zoning By-law No. 438-86, as amended, with the exception of the terms artist
live/work studio, grade, residential amenity space and street-related retail and service
uses.

the following definitions either replace the definitions listed above or provide definitions
for new terms:

affordable artist work studio shall mean a studio for the production of art and which is
the subject of an agreement between the City and the owner, registered on title,
that it will be rented at below market rates to a working artist or artists to the
satisfaction of the Director, Business Development and Retention and/or the
Director of Culture for a period no less than 20 years from the date of first
occupancy of the studio;

affordable shall mean, when used in relation to a dwelling unit, that the dwelling unit is
the subject of an agreement between the City and the housing provider, registered
on title, that the unit will be rented at no more than 1.0 times the CMIIC average
market rent for dwelling units of similar type in the City of Toronto in effect at
the time the dwelling unit is first occupied, and increased annually by the amount
permitted by the Rent Review guidelines for a period no less than 20 years from
the date of first occupancy of the unit;

artist live/workstudio shall mean a dwelling unit containing a studio space for the
production of art and which is the subject of an agreement between the City and
the housing provider, registered on title, that it will be rented at no more than 1.0
times the CMIIC average market rent for dwelling units of similar size in the
City of Toronto in effect at the time the dwelling unit is first occupied, and
increased annually by the amount permitted by the Rent Review guidelines for a
period no less than 20 years from the date of first occupancy of the unit and
inhabited only by a working artist and his or her household;

residential amenity space shall mean a common area or areas within the lot provided for
recreational and social purposes, any portion of which’.
a. if located indoors, shall be provided exclusively for the use of the
residents of the buildings;
b. if located outdoors, shall generally, but not exclusively, be provided for
the use of the residents of the building; and
c. if located outdoors, cannot include a passive or otherwise inaccessible
green roof,

Building A shall mean Building A as shown on Map 2;

Map2

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4 thoughts on “Excerpts from the Section 37 Agreement – 180 Sudbury St

  1. Pingback: 180 Sudbury St. Floor Plan – Art Space and Community Space | Section 37

  2. Pingback: St. Clare’s Workshop Space Letter – Dated August 20, 2013 | Section 37

  3. Pingback: Corwyn Lund: Word Count | Section 37

  4. Pingback: 180 Sudbury Street Drawings | Section 37

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