Item - 2023.TE9.19

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for a Zoning By-law Amendment in its current form, for the lands municipally known as 410 Sherbourne Street.

2.  In the event the application is appealed to the Ontario Land Tribunal, City Council, pursuant to subsection 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Zoning By-law Amendment application, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3.  City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have filed an appeal to this decision of City Council’s intention to rely on subsection 34(11.0.0.1) of the Planning Act and the City Clerk shall provide notice to all prescribed persons or public bodies under subsection 34(11.0.0.2) of the Planning Act.

4.  City Council direct the City Clerk, should an appeal be filed, to notify the Ontario Land Tribunal of City Council’s intention pursuant to subsection 34(11.0.0.1) of the Planning Act, and that the Ontario Land Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials seventy-five (75) days after the last day for filing a notice of appeal for this matter.

5.  Should the Zoning By-law Amendment application be appealed and the dispute resolved using the alternative dispute resolution mechanism contemplated under subsection 34(11.0.0.1), and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, Community Planning, Toronto and East York District to bring forward an Approval Report to Toronto and East York Community Council for a statutory public meeting as required under the Planning Act.

6.  City Council request the Director, Community Planning, Toronto and East York District and the applicant, in consultation with City Planning, Economic Development and Culture, and any other necessary City officials, to conduct a working group meeting, in first quarter of 2023, that includes the Owners/Operators of The Phoenix Concert Hall, Stakeholders in the Performance Venue Sector of Toronto, Upper Jarvis Neighbourhood Association, Winchester Park Neighbourhood Association, local 2SLGBTQ+ community stakeholders, the City of Toronto’s Music Office, the Chair of the Toronto Music Advisory Committee and the Ward Councillor to explore opportunities to preserve the culturally significant live entertainment and community space.

7.  In the event Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the issuance of the final Order be withheld until such time as the City Solicitor advises that the final form and content of the Zoning By-law Amendment are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

8.  City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

The Toronto and East York Community Council held a statutory public meeting on November 15, 2023 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 42-storey mixed-use building containing 473 dwelling units at 410 Sherbourne Street. The existing live music venue and four-storey office building is proposed to be demolished.