HomeMy WebLinkAboutBy-law 1065/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1065/79
Being a By-Law to authorize the execution
of an Agreement among Dominion Stores
Limited, Columbia Commonwealth Limited,
The Cadillac Fairview Corporation Limited
and the Corporation of the Town of Picker-
ing respecting the development of the
Pickering Town Centre.
WHEREAS, Columbia Commonwealth Limited and The Cadillac
Fairview Corporation Limited intend to acquire from Dominion
Stores Limited, certain lands in the Borough of Scarborough
and to develop thereon a proposed Rouge Shopping Centre; and
WHEREAS, the Corporation of the Town of Pickering intends
to permit the development of certain lands in the Town of
Pickering for the proposed Pickering Town Centre (referred to
as the Main Central Area of the Town of Pickering in the Region
of Durham Official Plan); and
WHEREAS, Dominion Stores Limited, Columbia Commonwealth
Limited, The Cadillac Fairview Corporation Limited and the
Corporation of the Town of Pickering desire to resolve certain
differences respecting the said developments;
NOW THEREFORE, the Council of the Corporation of the
Town of Pickering HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute
an Agreement, in the form attached hereto as Schedule
"A", among Dominion Stores Limited, Columbia Common-
wealth Limited, The Cadillac Fairview Corporation
Limited and the Corporation of the Town of Pickering
respecting the development of the Pickering Town
Centre.
BY-LAW read a first, second and third time and finally passed
this 19th day of November , 1979.
My-or (Acti g)
Clerk-- ?
SCHEDULE "A" to By-law Number 1065/79
,
THIS AGREEMENT made in quadruplicate this 11th day of
October A.D. 1979,
B E T W E E N
DOMINION STORES LIMITED,
(hereinafter called "Dominion")
OF THE FIRST PART
- and -
COLUMBIA COMMONWEALTH LIMITED an
amalgamation of J.E. Kelley Company Limited
and its wholly-owned subsidiary Columbia
Commonwealth Limited and THE CADILLAC
FAIRVIEW CORPORATION LIMITED
(hereinafter called "Kelley-Cadillac")
OF THE SECOND PART
- and -
THE CORPORATION OF THE TOWN OF
PICKERING,
(hereinafter called "Pickering")
OF THE THIRD PART
a) WHEREAS the lands affected by this Agreement are described
in Schedule "A" attached hereto and are hereinafter referred to as.
the "Rouge lands";
b) AND WHEREAS Dominion warrants that it is the registered
owner of the Rouge lands;
C) AND WHEREAS Kelley-Cadillac, pursuant to an agreement between
them and Dominion, after their designation and zoning in the
Scarborough Official Plan and Restricted Area By-Laws has been com-
pleted, intends to acquire and develop the Rouge lands for a District
Commercial Centre, hereinafter referred to as the "proposed Rouge
Shopping Centre", and will be the owners and managers therccf;
d) AND WHEREAS Kelley-Cadillac and
Corporation of the Borough of Scarborough
"Scarborough"), to adopt an Official Plan
opment of a District Com:;ierc.al Centre on
Scarborough, on the Eth day of :ay, 1978,
Amendment 477 to the official Pi_an cf S c a
Dominion requested the
(hereinafter called
Amendment to permit devel-
the Rouge lands, and
adopted Official Plan
rberough which permits
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development of a District Commercial Centre on the Rouge lands to
a maximum of 500,000 square feet of gross leasable area if a full
line department store is provided;
e) AND WHEREAS Pickering has, since at least 1973 retained
consultants and counsel, conducted studies, expended significant
funds and in many other ways worked vigorously and on a constant
basis to develop its own Town Centre, including a major retail-
commercial component, known as and hereinafter referred to as, the
"Pickering Town Centre", on lands more particularly shown on Schedule
"B" attached hereto;
f) AND WHEREAS the Official Plan of the Regional Municipality
of Durham, (Section 8.2.2.9 and Section 15.6, and Map A4), requires,
and it is intended, that the Pickering Town Centre (referred to as
the Main Central Area in the Regional Plan) shall be developed as
the dominant concentration of retail-commercial and other Central
Business District uses for Pickering;
g) AND WJJE,R77? trP Official. Plan of the Regional Municipality
of Durham provides that the Pickering Town Centre may ultimately
develop a maximum gross retail and peroonal service floor space of
1,500,000 square feet, of which, in the first phase, 250,000 square
feet additional to that presently existing may be developed without
amendment to the said official Plan;
h) AND WHEREAS Pickering desires and intends that the Pickering
Town Centre include two full line department stores;
i) AND WHEREAS Pickering has recorded its concerns and
objections to the said Scarborough Official Plan Amendment 477 by
means of letters of objection dated the 15th day of June, 1978
and the 30th day of November, 1977, and by Resolution 225/77
forwarded to the Minister of Housing (copies of which are attached
hereto as Schedule "C");
j) AND WHEREAS the Region of Durham has, pursuant to Section
15 of The Planning Act, requested the referral of, and the Minister
- 3 -
of Housing pursuant thereto has referred, the said Scarborough
Official Plan Amendment 477 to the Ontario Municipal Board for
adjudication following a public hearing;
k) AND WHEREAS the Ontario Municipal Board is presently
seized of the said Scarborough Official Plan Amendment 477 under
its file number R 783142;
1) AND WHEREAS she parties desire to resolve their
differences;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consid-
eration of the recitals aforesaid and the mutual covenants herein-
after set forth and other good and valuable consideration mutually
exchanged, THE PARTIES HERETO AGREE AS FOLLOWS:
1. In this agreement, the following terms shall have the
following meanings:
1.1 "Target Date" means the 31st day of December,
1987.
1.2 "Full Line Department Store" includes any
department store operated under the trade
name Eaton's, Simpsons, Simpsons-Sears,
Sears, The Bay and the like.
1.3 "Junior Department Store" means a popular
priced, discount or variety-type non-full line
department store as operated from time to time
by F. W. Woolworth, Woolco, Kresge's, K-Mart,
Zellers and the like.
1.4 "District Commercial Centre" and "gross leasable
area" have the respective meanings as defined
in Scarborough Official Plan Amendment 477.
1.5 "Main Central Area" and "gross retail and
personal service floor space" have the respective
meanings as defined in the Official Plan of the
Regional 1-,,micipality of Durham.
2. Kelley-Cadillac and Dominion warrant, covenant, acknowledge
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and agree:
2.1 That they will not object to the passage, adoption,
implementation, or approval of any official plan
amendments and zoning by-laws required for the
development of the Pickering Town Centre to the
1,500,000 sq.ft. of gross retail and personal service
floor space permitted by the Official Plan of the
Regional Municipality of Durha;a, and in
addition, will make no effort to impair the
ability of the developers of the Pickering Town
Centre to attract two full line department stores
to the Pickering Town Centre.
2.2 That, subject to the provisions of paragraph 4
hereafter, they will not develop, or build or
permit the development or building of, and will
not apply for, or indirectly encourage or permit
the application for any official plan amendment
to permit a second full line department store on
the Rouge lands until after the target date
specified herein. For the purposes of this sub-
paragraph and of paragraph 4, it is understood
and agreed by the parties that it is the intention
of Kelley-Cadillac to develop a District Commercial
Centre in which the tenant mix may include, and
which will be limited to:
one full line department store not exceeding
150,000 square feet gross leasable area;
one junior department store, not exceeding
93,000 square feet gross leasable area,
which area includes any provision for
future expansion of the said junior
department store beyond the size at which
it may initially be constructed, but the
said expansion shall in no event increase
the size of the junior department store
beyond the stated maximum of 93,000
square feet gross leasable area;
one Dominion Stores Limited supermarket,
not exceeding 75,000 saua.re feet gross
leasable area, which area includes any
provision for future expansion of the
said supermarket beyond the size at
which it may initially be constructed,
but the said expansion shall in no
event increase the size of the said
supermarket beyond the stated maxiuun
of 75,000.square feet gross leasable
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area, and
ancillary stores in addition thereto to
the maximum gross leasable area per-
mitted by Scarborough'Official Plan
Amendment 477.
2.3 That they will use their best efforts on a sustained
and vigorous basis to enter into a Site Plan Agree-
ment with Scarborough providing for development of
the proposed Rouge Shopping Centre containing and
limited to the tenant mix aforesaid. Following
settlement of the Site Plan with their major
tenants, prior to submitting it to Scarborough,
Kelley-Cadillac shall provide Pickering with a
copy thereof for review and comment, and Pickering
undertakes to provide its comments within two
weeks of receipt of the proposed Site Plan. During
the evolution of the Site Plan Agreement by
negotiation with Scarborough, if Scarborough
r?yuircS a it odiiiuatlGn of the S_t== Plan pr-?'?•:. :>115 .'.1'
submitted to Pickering and upon which it shall have
commented, Kelley-Cadillac agrees to provide
Pickering with a copy of the Site Plan and Agreement
so modified for its review and comment, and Pickering
undertakes to provide its comments within two weeks
of receipt thereof.
3. Pickering warrants, covenants, acknowledges and agrees:
3.1 That it will forthwith withdraw its objection
(appended as Schedule "C") to Scarborough official
Plan Amendment 477.
3.2 That it will not object in any way to any Zoning
By-Laws passed by the Borough of Scarborough to
permit the development of the District Commercial.
Centre provided for in official Plan Amendment 477
and as defined in Section 2.2 hereof
3.3 That at the same time as it withdraws its own
objection in accordance with sub-paragraph 3.1,
it will request the Regional Municipality of
6 -
Durham. to withdraw the Region's request to the
Minister of Housing for referral of Official
Plan Amendment 477 to the Ontario Municipal
Board for adjudication following a public
hearing.
4. Pickering warrants, covenants, acknowledges and agrees
that if and when two full line department stores are
open for business in the Pickering Town Centre or after
the target date, whichever shall first occur, Kelley-
Cadillac and Dominion will be entitled to apply for
any and all amendments to the Scarborough Official
• Plan and for any and all rezonings by amendments to
Scarborough By-Laws as may be
authority for construction of
department store on the Rouge
line department stores are at
:,a: inesc in t c rickering Tow
necessary to obtain
a second full line
lands. If two full
that time open for
n centre, then Pickering
warrants, covenants, acknowledges and agrees that,
with regard to the Pickering Town Centre, it will
not object to any such application. If two full line
department stores are not at that time open for
business in the Pickering Town Centre, then the
parties warrant, covenant, acknowledge and agree
that there shall be no impediment to Pickering's
objecting to any such application to the Borough
of Scarborough, the Minister of Housing, the
Ontario Municipal Board and any other proper
authority.
Kelly-Cadillac and Dominion acknowledge that their war_anty,
covenant, acknowledgment and agreement in clause 2.2
prohibiting a second full line department store is
the fundamental condition of this agreement on which
Pickering is relying and without which Pickerinq
would not have entered into this agreement.
7
6. This Agreement shall enure to the benefit of and be
binding upon the respective parties, their successors
and assigns.
THE CORPORATION OF THE TOWN
OF PICKERING
Mayor
c/s
C
THE CADILLAC FAIRVIEW
CORPORATION LIMITED
c/s
COLUMBIA C01MONWEALTIJ LIMITED
an amalgamation of J.E. Kelley
Company Limited and its wholly-
owned subsidiary Columbia Commonwealth
Limited
c/s
DOMINION STORES LIMITED
Vice President
c/s
Vice President,
General Counsel
and Secretary
I
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land
and premises situate, lying and being in the Borough
of Scarborough, in the Municipality of Metropolitan
Toronto and Province of. Ontario and being composed of
Part of Lot 2, Concession 2, and designated as Part 1
on a Plan of Survey of record deposited in the Land
Registry Office (No. 66) Land Titles Division of Toronto
and York South - at Toronto as Number 66R-7241.
Being the whole of Parcel 2-1 in the Register for Section S-6.
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SCHEDULE "B" TO AGRE 11,P-NT IWIT'D OCM13ER lltli 1979
III; I WEEN
DOMINION S'IbI?ES LIMITED
OOLUMBIA WI?MWFAUIII LIMITED AND
- ---__--? -- ZYII COId>ORA'1ON OF '1IIE TOWN OF P-1C1
I ERING