1030) 1. The following provisions shall apply to all lands zoned with the holding symbol (H) as shown on Schedule E-1126", until the holding symbol (H) is removed pursuant to Subsection 36(4) of the Planning Act, RSO 1990: a) Lands zoned with the holding symbol (H) shall be used only for the production of field crops or a use legally existing as of the date of the enactment of By-law 374-98; b) A by-law to remove the holding symbol (H) for all or part of the lands zoned SCD Vaughan Centre Shopping Centre District Zone and C1 Restricted Commercial Zone, on Schedule E-1126, shall not be enacted until such time as; i) Draft Plan of Subdivision 19T-98V10 has been registered, ii) iii) Site Plan Agreement(s) for the development of all the lands or portions of the lands within both or either of the two zone categories have been registered, Arrangements or Agreements have been put in place to fund and implement the required road network improvements, in consultation with the Region of York and the Ministry of Transportation. 2.A Notwithstanding the provisions of: a) Subsection 2.0 respecting the definition of a Lot and Subsection 3.21 respecting Frontage on a Public Street; b) Paragraph 3.8(a) respecting parking requirements; c) Subsection 3.13 respecting Minimum Landscaped Area and Paragraph 5.1.1 respecting minimum Landscaped Area in Commercial Zones; d) Paragraph 5.1.5 and Schedule A respecting development standards; The following provisions shall apply to the entirety of the lands shown as Subject Lands on Schedule E-1126": ai) aii) bi) For the purposes of this paragraph, the lands shown as Subject Lands on Schedule E-1126" shall be deemed to be one lot regardless of any additional lots, easements or rights-of-way subsequently created by conveyance, consent, plan of subdivision, part lot control exemption or plan of condominium on the Subject Lands after the date the by-law adding this paragraph to By-law 1-88 comes into effect and shall be deemed to comply with the provisions of this paragraph and By-law 1-88 as amended; Frontage on a public street for lots created within the Subject Lands will not be required where a reference plan has been registered describing the lot and permanent right-of-way access to such lot has been secured through adjacent lands; Required parking may be provided on one or more other parcels, located on the Subject Lands, upon which the development for which the parking is required is not located, subject to;
- the off-site portion of the parking being implemented through a site plan agreement with the City and any permanent easements or rights-of-way, required to secure public access to and the availability of such parking, having been obtained, - off-site parking shall be on a lot which either abuts the lot upon which the use is located or shall be on a lot directly across a private road having a planned width of 30m or less. No such parking shall be located further than 300m from the lot, upon which the use for which the off-site parking is provided, is located, - the parking requirements of the by-law shall also be met for the use on the lot upon which the off-site parking is provided; ci) cii) Subsection 3.13 shall not apply; Areas of land used for no purpose other than landscaping and driveway access shall be provided adjacent to street lines of dedicated public highways as follows; - street lines adjacent to Highway 400-7.5m landscape strip, - street lines adjacent to Jane Street and Rutherford Road - 6.0m landscaping strip, - all other street lines, which does not include the internal circulation system within the Subject Lands - 4.5m landscape strip; Provided that where minimum yard requirements permit buildings to be located closer to street lines than the minimum widths noted above, the minimum width of the landscaped areas shall be reduced accordingly for that area between the building and the street line, subject to there being no parking areas, loading spaces or any vehicular circulation areas located between the building and the street line; di) The following standards shall apply: Minimum Lot Frontage Minimum Lot Area 0m 1000 sq.m Minimum Yards - Front 0m - Rear 0m - Interior Side 0m - Exterior Side 0m Provided that where a yard abuts a street line, the minimum yard requirement shall be 4.5m Maximum Lot Coverage NA
Minimum Lot Depth NA Maximum Building Height the lesser of 20m or five (5) storeys Provided that the maximum building height for a hotel shall be 50m Maximum Commercial Floor Area Excepting Office Buildings and Hotels and Convention Centres accessory to Hotels 160,000 sq.m Notwithstanding any provision of this By-law, an additional 29,595m2 of commercial floor area shall be permitted on the lands shown as Subject Lands on Schedule E-1126A. e) The following uses shall not be permitted: - Supermarket - Department Store For the purpose of this subsection, Department Store shall mean: any establishment defined by Statistics Canada as a department store, including full-line department stores such as, but not limited to, Eaton s, Sears and The Bay, and discount department stores such as, but not limited to, Zellers and Wal-Mart, primarily engaged in the retail sales of an extensive depth and breadth of a general line of merchandise. For the purposes of this Exception Paragraph, this definition does not include clearance, outlet or catalogue stores of any department store or other retailer. f) The zone boundary separating the C1 Restricted Commercial Zone from the SCD Vaughan Centre Shopping Centre District Zone on Schedule E-1126" and on Key Map 5C, reflects the centre line of the internal ring road system for the subject shopping centre based on the site plan existing on the date of the enactment of the by-law adding this paragraph to By-law 1-88. Should there be minor changes in the location of the internal ring road system as a result of the approval of the site plan or any amendments thereto, then the zone boundary shall be interpreted to follow the centre line of the ring road system as reflected in the most up to date approved site plan. 2.B The following provisions shall apply to the lands shown as SCD Vaughan Centre Shopping Centre District Zone on Schedule E-1126"; a) The SCD Vaughan Centre Shopping Centre District Zone will contain various retail concepts in a single enclosed shopping centre, creating a hybrid power centre, factory outlet centre, super-regional mall, and entertainment focus. The following uses shall be permitted only within the enclosed shopping centre with no outdoor storage; - Uses Permitted by Paragraph 5.1.4 - Archery range, provided it is accessory to a main permitted use and within a wholly enclosed building - Automotive Retail Store - Bank or Financial Institution
- Banquet Hall - Boating Showroom and Sales - Building Supply Outlet - Business and Professional Office - Car Rental Service - Club or Health Centre - Convention Centre accessory to a hotel - Catalogue Sales - Eating Establishment, Convenience with or without Outdoor Patio - Eating Establishment, Convenience with Drive-Through - Eating Establishment, Take-out - Eating Establishment with or without Outdoor Patio - Go-Cart Track - Hotel - Micro Brewery/winery - Golf Course, Miniature Golf Course, Golf Driving Range - Place of Amusement - Place of Entertainment, including a multi-screen cinema complex and space provided for the showcasing of various products, services, wares and merchandise - Personal Service Shop - Pet Grooming Establishment - Photography Studio - Print Shop - Retail Nursery - Retail Store - Retail Warehouse - Service or Repair Shop - Tavern - Technical and Commercial School - Veterinary Clinic - Video Store - LCBO, Brewers Retail, Wine Store Provided that the limited outdoor display of merchandise accessory to a retail store or retail warehouse and/or the provision of uses for the entertainment and recreation of mall patrons and/or the provision of an outdoor patio associated with a permitted eating establishment or eating establishment, convenience, shall be permitted subject to these uses not occupying an aggregate area in excess of 5% of the gross floor area of the ground floor of the main building in this zone, subject to a site plan agreement with the City which addresses, amongst other things, the location, extent and screening of the merchandise to be displayed or recreation or entertainment to be provided or outdoor patio; b) The fully enclosed shopping centre shall at opening (first occupancy) and thereafter maintain: i) a minimum gross floor area of 100,000 square metres, ii) iii) a minimum of eight commercial units, each having a minimum commercial floor area of 1850 square metres which cumulatively have a minimum commercial floor area equal to 35% of the commercial floor area of the shopping centre, a maximum of 10% of the commercial floor area shall be
provided in commercial units having an area of 185 square metres of commercial floor area or less; c) Notwithstanding the provisions of Paragraph 3.8(a), the minimum parking standard for a fully enclosed shopping centre in the SCD Vaughan Centre Shopping Centre District Zone shall be 5.35 parking spaces per 100 square metres of commercial floor area provided that no additional parking will be required for outdoor patios associated with eating establishments; d) Paragraph 3.9(d) shall not apply. 2.C Notwithstanding the provisions of: a) Subsection 5.2 respecting uses permitted in a C1 Restricted Commercial Zone; The following provisions shall apply to the lands shown zoned as C1 Restricted Commercial Zone on Schedule E-1126": ai) aii) No use identified in (aii) below shall be permitted in the C1 Restricted Commercial Zone prior to the issuance of a building permit for the enclosed shopping centre located within the SCD Vaughan Centre Shopping Centre District Zone. This provision shall not prevent the issuance of building permits in the C1 Restricted Commercial Zone; The following uses shall be permitted; - Uses permitted in Paragraph 5.1.4 - Automobile Gas Bar - Automotive Retail Store - Automobile Service Station - Banking or Financial Institution - Brewers Retail, LCBO, Wine Shop - Boating Showroom - Business or Professional Office - Car Wash - Catalogue Sales - Club or Health Centre - Convention Centre accessory to a Hotel - Eating Establishment - Eating Establishment, Convenience - Eating Establishment, Convenience, Drive-Through - Eating Establishment, Take-Out - Funeral Home - Go-Cart Track - Hotel - Ice or Roller Skating Rink - Laboratory - Micro Brewery/winery - Motor Vehicle Sales Establishment - Golf Course, Miniature Golf Course, Golf Driving Range - Office Building - Personal Service Shop - Photography Studio - Pet Grooming Establishment
- Place of Amusement - Place of Entertainment, including a multi-screen cinema complex and space provided for the showcasing of various products, services, wares and merchandise - Print Shops - Radio Transmission Establishment - Retail Nursery - Retail Store - Retail Warehouse - Service or Repair Shops - Tavern - Video Store Provided that a maximum of three sites may be devoted to either an automobile service station or an automobile gas bar, with or without a car wash. A maximum of one site may be located adjacent to each of Rutherford Road, Jane Street and the east-west collector road which forms the southerly boundary of the Subject Lands. No such site shall be located within 150m of the intersection of Rutherford Road and Jane Street; and Further, provided that the maximum Commercial Floor Area devoted to Office Buildings shall not exceed 10,000 square metres and Office Buildings shall only be located within the area defined as Office Precinct on Schedule E-1126"; aiii) aiv) av) Outdoor Patios associated with an Eating Establishment or Eating Establishment, Convenience shall be permitted provided that no additional parking will be required for the outdoor patio, subject to a site plan agreement with the City which addresses amongst other things, the location, extent and screening of the outdoor patio; Accessory outdoor display of merchandise shall be permitted in the area shown as Special Provisions on Schedule E-1126" subject to the area devoted to such use not exceeding the gross floor area of the building containing the main use to which the outdoor display is accessory and subject to a site plan agreement with the City which addresses, amongst other things, the location, extent and screening of the merchandise to be displayed or recreation or entertainment facility to be provided; Accessory outdoor entertainment or recreational uses shall be permitted in the area shown as Special Provisions on Schedule E-1126" subject to a site plan agreement with the City which addresses, amongst other things: - the location, extent and screening of the recreational or entertainment use - the provision of parking areas to service such uses; Provided that the area devoted to such uses shall not exceed twice the area of the ground floor of the building containing the main use to which the entertainment or recreational use is accessory. On each parcel of land subject to the aforementioned site plan agreement, the combination of areas devoted to accessory outdoor display and accessory outdoor recreational or entertainment uses shall be a maximum of 1.2 ha.