Toronto Council rejected the offer by Cadillac Fairview to pay for a $17-million community centre in the new Don Mills Centre by the narrowest of margins this week - and according to the developer, that means negotiations are finished with the City of Toronto and the future of the controversial development will be decided by the Ontario Municipal Board.
"We're extremely disappointed with the result," said Cadillac Fairview lawyer Jeff Davies after council voted 17-16 to reject the offer Thursday evening.
"The vote was very, very close and it's unfortunate that at least 10 members of council weren't here to vote. This is the end. Now the matter will be dealt with by the Ontario Municipal Board. There's no more negotiations."
The offer to build the new community centre and hockey arena to replace the aging Don Mills Civitan arena was in exchange for the approval of a number of tall condominiums on the site adjacent to the new retail centre. The towers, ranging in height from 12 to 24 storeys, got a thumbs-down from city planners, who said the heights were out of character with the Don Mills community.
But local residents were divided - some siding with staff, and others in favour with the promise of a new community centre.
Council spent most of Thursday afternoon pondering the offer - both behind closed doors and in public - before they narrowly voted it down.
Even the local councillors were divided.
Don Valley West Councillor Cliff Jenkins, who represents communities to the west of the shopping centre, moved the motion to accept the offer - and warned councillors that if they didn't accept it, the Ontario Municipal Board would simply give the developer what it was asking for anyway.
"What we have here is a very significant and extraordinary community benefit," he said. "If we choose not to accept it the applicant will withdraw the settlement and go to the OMB. We know it's unlikely that the board will demand a community benefit like this."
Denzil Minnan-Wong, who represents the neighbourhoods east of the development in Don Valley East, simply urged councillors to read the report.
"My concern is that on Councillor Jenkin's side they may approve those densities. On the other side of the street in my ward, on Donway East, the community doesn't want those types of densities, they don't want those heights. My fear is that is what will occur if we approve this application," he said.
"I don't agree we should be looking at this as simply getting a community centre. This is first and foremost a planning application that's going to define Don Mills for years from now and we need to get it right."
How they voted:
Yes (16)
Augimeri, Cho, De Baeremaeker, Di Giorgio, Feldman, Filion, Ford, Jenkins, Lindsay Luby, Mammoliti, Milczyn, Palacio, Parker, Perruzza, Stintz, Walker
No (17)
Ainslie , Bussin [Chair], Carroll, Davis, Del Grande, Giambrone, Hall, Holyday, Kelly, McConnell, Mihevc, Minnan-Wong, Pantalone, Perks, Shiner, Thompson, Vaughan
Did not vote (12)
Ashton, Fletcher, Grimes, Heaps, Lee, Miller, Moeser, Moscoe, Nunziata, Ootes, Rae, Saundercook