Item - 2023.TE6.21

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86 and Zoning By-law 141-2005, as amended and as applicable, for the lands at 325 Gerrard Street East substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to the report (June 6, 2023) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3. City Council authorize the City to enter into an Agreement pursuant to Section 37 of the Planning Act to amend the existing Section 37 Agreement for Regent Park (Instrument Number AT934744) as follows:

a. the community benefits recommended to be secured in the amending Section 37 Agreement are as follows:

i. the owner shall design and construct a minimum of 3,714 square metres of non-residential gross floor area for community space within the Phases 4 and 5 lands, which may be located across multiple buildings and the minimum area may be adjusted to account for gross floor areas exclusions once the community space is designed, subject to the following:

A. the ownership and operation of the community space shall be finalized and secured in the amending Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the Ward Councillor; and

B. the community space shall be designed and constructed in accordance with the terms and specifications to be secured in the amending Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the following matters are also recommended to be secured in the amending Section 37 Agreement as a legal convenience to support development:

i. the owner shall construct and maintain privately-owned publicly-accessible space located within the Phases 4 and 5 lands, consisting of a central plaza located within the block bounded by Gerrard Street East, Oak Street, Sackville Street and Sumach Street, and a series of open spaces comprising the east-west connection, in the locations generally identified in the draft Zoning By-law Amendment included as Attachment 5 to the report (June 6, 2023) from the Acting Director, Community Planning, Toronto and East York District, with specific configuration and design of the privately-owned publicly-accessible space to be determined in the context of Site Plan approval, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

ii. the owner shall prepare all documents and convey, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, free and clear of encumbrances and for nominal consideration, a public access easement, in perpetuity, in favour of the City over the privately-owned publicly-accessible space; 

c. amend Section 2.2.4 to delete the requirement that the Holding designation (H) be removed prior to the issuance of any demolition permits for Phases 4 and 5; and

d. amend Section 2.3.8(a) to require a minimum of 188 replacement social housing units with direct access to grade.

4. City Council direct that the owner shall submit an Energy Strategy to the Executive Director, Energy and Climate for review and acceptance prior to the approval of the Site Plan Control application for the first building within Phases 4 and 5 of the Regent Park revitalization.

5. City Council direct that Toronto Community Housing Corporation:

a. construct and maintain a minimum of 637 net new affordable rental housing units in Phases 4 and 5 of the Regent Park revitalization, subject to securing the required funding and financing;

b. secure funding from the Federal and Provincial Governments and other service providers, in consultation with the Executive Director, Housing Secretariat, to support the construction and subsidization of rents for the new affordable rental housing units in Phases 4 and 5 of the Regent Park revitalization;

c. report to City Council, through the Housing Secretariat, with an update on the progress toward achieving the requirements in Recommendations 5.a. and b. above prior to issuance of the first building permit for each building in Phases 4 and 5 containing affordable rental housing units or social housing units, and if the requirement in Recommendation 5.a above will not be met as part of the final block of Phases 4 and 5 of the Regent Park revitalization, Toronto Community Housing Corporation must seek direction from City Council before proceeding with development on the final block;

d. provide a minimum of 200 square metres of non-residential gross floor area in Phases 4 and 5 of the Regent Park revitalization as affordable or micro-retail space for entrepreneurs and small businesses in Regent Park;

e. continue to undertake public consultation and community engagement activities, with their development partner, throughout the build-out of Phases 4 and 5 of the Regent Park revitalization with the goal of keeping members of the Regent Park community informed and engaged with the project, including opportunities for the community to provide input into the ongoing development of Phases 4 and 5;

f. develop and implement the Regent Park Non-Residential Space Strategy for the new retail, community space, and open spaces, which must be informed by comprehensive community engagement to ensure that the needs of the Regent Park community are addressed; and

g. coordinate with the General Manager, Transportation Services regarding the implementation of the bi-directional cycle track on Gerrard Street East between Dreamers Way and River Street, including during the Site Plan Control application(s) for Phases 4 and 5 of the Regent Park revitalization, and acknowledge that buildings fronting onto Gerrard Street East may require additional setbacks to accommodate the necessary roadway elements.

6. City Council advise Toronto Community Housing Corporation that Service Manager consent is required to transfer Blocks 4, 5, and 8 on the Draft Plan of Subdivision 55T-04202 for market housing.

7. City Council advise Toronto Community Housing Corporation that a final Housing Issues Report is required pursuant to Section 2.7.3 of the existing Section 37 Agreement for Regent Park.

8. City Council endorse in principle the relocation and expansion of the Parliament Street Library to the Phases 4 and 5 area of the Regent Park revitalization and direct the Toronto Public Library, Toronto Community Housing Corporation, and CreateTO to explore partnership opportunities for additional community space within a shared building, in consultation with the Ward Councillor.

9. City Council approve the Rental Housing Demolition Application (File 22 136078 STE 13 RH) in accordance with Toronto Municipal Code Chapter 667 and pursuant to Section 111 of the City of Toronto Act, 2006, to allow the demolition of 527 existing social housing units at 325 Gerrard Street East and related addresses, subject to the following conditions:

a. the owner shall provide 633 replacement social housing units to be maintained on the subject site as social housing residential rental units for a period of at least 40 years beginning from the date that each replacement rental dwelling unit is first occupied and, during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without providing for replacement; the 633 replacement social housing units shall be comprised of 58 one-bedroom units, 223 two-bedroom units, 276 three-bedroom units, 50 four-bedroom units, and 26 five-bedroom units as generally illustrated in the Architectural Plans submitted to the City Planning Division dated April 10, 2023; and any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall provide tenant relocation assistance to all Eligible Tenants of the 527 existing social housing units proposed to be demolished at 325 Gerrard Street East and related addresses, including the right to return to occupy a replacement social housing unit to the satisfaction of the Chief Planner and Executive Director, City Planning and as further detailed in the Tenant Relocation and Assistance Implementation Plan; and

c. the owner shall enter into, and register on title at 325 Gerrard Street East and related addresses, one or more agreement(s), to secure the conditions outlined in Recommendations 9.a. and b. above, including an agreement pursuant to Section 37 of the Planning Act, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

10. City Council authorize the Chief Planner and Executive Director, City Planning to issue phased Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of 189 existing social housing units at 274 Sackville Street and 325, 355 Gerrard Street East after all of the following have occurred: 

a. the Zoning By-law Amendment has been approved in principle by City Council; and

b. vacant possession of all 189 existing social housing dwelling units has been confirmed, in writing, by the owner.

11. City Council authorize the Chief Planner and Executive Director, City Planning to issue phased Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of any of the 338 existing social housing units at 295, 319, 321, 323, 325 Sackville Street, 361, 363, 365, 367, 407, 417, 427, 429, 431 433, 435, 437,439, 441, 463, 473, 475, 477 Gerrard Street East,184, 200, 202, 204, 206 River Street and 259, 260, 261, 263, 265, 266, 267, 268, 270, 272 Sumach Street after all of the following have occurred:

a. the satisfaction or securing of the conditions in Recommendation 9 above;

b. the site-specific Zoning By-law Amendment has come into full force and effect for each respective phase;

c. the submission of replacement social housing floorplans for the first building with replacement social housing units within each respective phase; and

d. vacant possession of the existing social housing units in a particular phase has been confirmed, in writing, by the owner.

12. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendations 10 and 11 above.

13. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 325 Gerrard Street East and related addresses after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendations 10 and 11 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:

a. the owner removes all debris and rubble from the site immediately after demolition;

b. the owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. the owner erects the proposed residential buildings on site no later than four (4) years from the date that the demolition of such building commences subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning and the Chief Building Official and Executive Director, Toronto Building; and

d. should the owner fail to complete the proposed buildings within the time specified in Recommendation 13.c. above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

14. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the amending Section 37 Agreement, and any other necessary agreement(s).

The Toronto and East York Community Council held a statutory public meeting on June 22, 2023 and notice was given in accordance with the Planning Act.

Toronto Community Housing Corporation (TCHC) is undertaking the phased revitalization of Regent Park into a mixed-use, mixed-income neighbourhood. TCHC has made an application to amend the existing development permissions for the final two phases of the revitalization, Phases 4 and 5, which are located between Gerrard Street East to the north, River Street to the east, Oak Street to the south, and Dreamers Way to the west, excluding the property at 40 Oak Street.

This report reviews and recommends approval of the application to amend the Zoning By-law for Phases 4 and 5 of the Regent Park revitalization by amending the permitted uses, building heights and tower locations, and other performance standards. The amended Zoning By-law would permit the proposed development of 12 buildings with heights ranging from 6 to 39 storeys. The application proposes 3,246 residential units, of which 633 will be replacement social housing units and 637 are proposed as new affordable housing units. The application also includes 10,461 square metres of retail and office space, 3,714 square metres of community space, and a new Toronto Public Library branch relocated from Parliament Street.

This site is the subject of an existing Section 37 Agreement registered as Instrument Number AT934744. The application would also require amendments to the existing Section 37 Agreement to adjust certain requirements related to demolition and replacement of the existing social housing and to secure the new community space in Phases 4 and 5.

This report also recommends approval of the Rental Housing Demolition application to demolish the remaining 527 social housing units in Regent Park, which will be replaced as part of the revitalization. The replacement social housing units constructed in Phases 4 and 5 will fulfill the overall obligation to replace all of the social housing units that existed in Regent Park prior to the revitalization.

Following further discussions with the applicant, this Supplementary Report amends the recommendations in the Decision Report - Approval from the Acting Director of Community Planning dated June 8, 2023.

The modified recommendations will:

· secure the replacement social housing obligations in an amended Section 37 Agreement, instead of a Section 111 Agreement;

· adjust the requirements to be fulfilled prior to the issuance of the Preliminary Approval for a Rental Housing Demolition Permit;

· establish the location of the privately owned publicly-accessible space (POPS) by modifying the map in the draft Zoning By-law Amendment;

· adjust the timing to submit an Energy Strategy; and

· change the reporting responsibilities for the affording housing update to the Housing Secretariat.