December 31, 1998

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

Subject:Final settlement of issues before the Ontario Municipal Board respecting Winchester Square. (Ward 25, Don River)

Financial Implications:

The final settlement will result (upon completion of conditions) in a payment to the City of $500,000 for the purpose of contributing to community facilities at the City owned site at Sherbourne and Wellesley Streets.

Recommendation:

That the previous authorization concerning a Section 37 Agreement for Winchester Square (Urban Development Services report dated September 22, 1997) be amended to delete the provisions respecting requirements for the provision of community service and facility space as well as the education space and to replace such with the requirement that the owner pay to the City the sum of $500,000 for the purpose of contributing to community facility development in the St. James Town area and pay to the Toronto Board of Education the sum of $150,000 in lieu of the provision of education space.

Comments:

At its meeting of September 22, 1997 the former City of Toronto Council adopted a report concerning a settlement of issues for the Winchester Square Ontario Municipal Board hearing. That report had a number of recommendations to, among other things advise the Ontario Municipal Board of an acceptable Zoning By-law for the site, to release provisions of existing agreements and to execute a Section 37 agreement to secure community space at such time as one of the buildings in the development would be built in the future. As events have transpired in the past year the City has secured a site at Wellesley and Sherbourne Streets for the future construction of a community facility and the owners of the Winchester Square site have proposed to give the City a cash settlement of $500,000,00 in lieu of providing 750 square metres of community space in one of the buildings to be constructed at an undetermined time in the future. The owners are also proposing to give the Toronto Board of Education a sum of $150,000 in lieu of providing a smaller amount of space in such building.

I am recommending that the City accept this proposal since it assists the City in financing the development cost of the proposed community facility at Sherbourne and Wellesley Streets and it provides certainty compared to the provision of community space at an undetermined time in the future. I understand that the Board of Education also finds the proposal acceptable for their purposes. The payments to the City and the Board of Education would take place immediately prior to final zoning being approved by the Ontario Municipal Board.

This approval, along with the completion of previously approved actions would bring an end to a long and complicated dispute concerning this development site and would benefit both the City and the owners.

Contact Name:

Gary Wright

Community Planning, East Section

Phone: 416-392-1791

Fax:416-392-1330

Email:gwright1@toronto.ca

Beate Bowron

Director, Community Planning, South District

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