July 6, 1998

  To:Toronto Community Council

 From:Commissioner of Urban Planning and Development Services, upon application by Goodman, Philips and Vineberg, Barristers and Solicitors, on behalf of Cadillac Fairview Corporation Ltd.

 Subject:Extension of Existing Part Lot Control Exemption By-law, Eaton Centre, 1 Dundas St. W. and 20 Salvation Square, to recently acquired lands in the former Yonge Street and Salvation Square road allowances and 20 Salvation Square (Application No. 397149). (Ward 24: Downtown)

 Purpose:

 To initiate the forwarding of a draft by-law by the City Solicitor, pertaining to 1 Dundas St. W. and 20 Salvation Square, to implement the extension of the existing Eaton Centre Part Lot Control Exemption By-law to lands for which the Eaton Centre has received Site Plan Approvals to expand in the former Yonge Street and Salvation Square road allowances and on 20 Salvation Square, upon application by Goodman, Philips and Vineberg, Barristers and Solicitors, on behalf of Cadillac Fairview Corporation Ltd.

 Source of Funds:

 Not applicable.

 Recommendations:

1. That the City Solicitor be requested to submit a draft by-law to authorize an exemption from part lot control pursuant to Section 50(5) of the Planning Act, of lands recently added to the Eaton Centre and formerly part of the Yonge Street and Salvation Square road allowances and the former Salvation Army property at 20 Salvation Square, which were the subject of Site Plan Approvals under Application Nos. 397066 and 397149.

1. That the introduction of a Bill in Council to implement Recommendation No. 1, above, be subject to the completion of the conveyance from the City of Toronto to the owners of the Eaton Centre of the relevant portions of the former Yonge Street road allowance, and to the execution and registration on title of all Development and Collateral Agreements required under Site Plan Approval Application Nos. 397066 and 397149.

 Background:

 Cadillac Fairview Corporation Ltd. has recently acquired from the City of Toronto certain lands in the former Yonge Street and the former Salvation Square road allowances. They have also recently acquired the former Salvation Army site at 20 Salvation Square (see attached map). Expansion of the Eaton Centre onto these lands has been recently approved through Site Plan Approval Application Nos. 397066 and 397149. The solicitor for the Eaton Centre has requested that Part Lot Control Exemption By-law No. 151-80 applying to the existing Eaton Centre be extended to these additional lands.

 Discussion:

 The subject lands form part of the two Site Plan Approval Applications mentioned above which have been approved. The approvals provide for the renovation of the Yonge Street frontage of the southern portion of the Eaton Centre including storefronts with doors onto Yonge Street, and the expansion of retail uses onto the former Salvation Army site together with the renovation of the Salvation Square (Albert Street) entrance to the Eaton Centre. As part of these Site Plan Approvals, the owner was required to enter into Development and Collateral Agreements to be registered on title. At the time of the preparation of this report, the agreements related to the Salvation Square expansion had been registered on title, but the agreements related to the Yonge Street expansion and renovation had not.

 City Council has previously approved the conveyance of the relevant portions of the former Yonge Street and Salvation Square road allowances to the owners of the Eaton Centre. The City Solicitor has advised that the conveyancing of a portion of the Yonge Street lands has not yet been completed, but is expected to be completed very soon. As a result of this situation, the registration of the Development and Collateral Agreements on the Yonge Street lands has not yet occurred.

 The City Surveyor has confirmed that these lands are within plans of subdivision as defined by the Planning Act, as is required in order to permit an exemption from part lot control under Section 50(5). The existing Eaton Centre is already the subject of a Part Lot Control Exemption by-law, By-law 151-80, which has no limitations, conditions or expiry date.

 Conclusions:

 Given that the existing Eaton Centre has been exempted from part lot control since 1980 with no adverse implications, that the additional lands are being integrated into the existing Eaton Centre, and that they are the subject of Development and Collateral Agreements securing the proposed development, I am satisfied that an extension of the part lot control exemption to such lands is appropriate. To help ensure that the lands are integrated with the Eaton Centre, it would be appropriate that a part lot control exemption by-law not be adopted by Council until the conveyance of relevant City-owned lands to the owners of the Eaton Centre has been completed and the Agreements mentioned above have been executed and registered on title.

 Contact Name:

 Peter Langdon

City Planning Division, East Section

Tel: 416-392-7617

Fax: 416-392-1330

Email: plangdon@city.toronto.on.ca

Beate Bowron

Acting Director, City Planning

Toronto Community

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