Staff Report Summary Item #14

Transcription

1 File: A089/18 Staff Report Summary Item #14 Ward #3 Applicant: Address: Agent: Royal Door Limited 2 Chrislea Road, Woodbridge KLM Planning Partners Inc. Please note that comments received after the preparation of this Staff Report (up until 12:00 p.m. on the scheduled hearing date) will be provided as an addendum. Commenting Department Committee of Adjustment Building Standards Building Inspection Development Planning Development Engineering Parks Department By-law & Compliance Financial Planning & Development Fire Department TRCA Ministry of Transportation Region of York Alectra (Formerly PowerStream) Public Correspondence (see Schedule B) Adjournment History: N/A Background History: N/A Positive Comment Negative Comment Condition(s) Staff Report Prepared By: Adriana MacPherson Hearing Date: Thursday, June 7, 2018

2 Staff Report A089/18 Page 2 Minor Variance Application Agenda Item: 14 A089/18 Ward: 3 Staff Report Prepared By: Adriana MacPherson, Assistant Secretary Treasurer Date of Hearing: Thursday, June 7, 2018 Applicant: Agent: Property: Zoning: OP Designation: Related Files: Purpose: Royal Door Limited KLM Planning Partners Inc. 2 Chrislea Rd, Woodbridge The subject lands are zoned EM3 and subject to the provisions of Exception 9(961) under By-law 1-88 as amended. VOP 2010: "Employment Commercial Mixed-Use" None Relief from the By-Law is being requested to permit a proposed retail warehouse facility to support a Tesla Electric Vehicle & Energy Product Establishment. Please note: The proposed development does not contemplate an expansion of the existing building and the retail warehousing is proposed within existing building. The following variances are being requested from By-Law 1-88, as amended, to accommodate the above proposal: By-law Requirement Retail warehousing is permitted for the following specific commodities only: - home and office furniture, but not including office supplies - home appliances - home fabrics, linens and upholstery - floor coverings - window coverings - lighting - pool/patio products - paint and wall paper - windows and doors and related accessories Proposal To permit the retail warehousing of power storage products, branded merchandise, solar panels, battery chargers and to also permit a car brokerage to permit the sale, leasing and servicing and repairs of electric vehicles only whereas the by-law does not permit the retail warehousing of these specific commodities and the car brokerage use. Background (previous applications approved by the Committee on the subject land): N/A For information on the previous approvals listed above please visit To search for a file number, enter it using quotes around it. For example, A001/17. To search property address, enter street number and street name using quotes. For example, 2141 Major Mackenzie. Do not include street type (i.e. drive). Adjournment History: None Staff & Agency Comments Please note that comments received after the preparation of this Staff Report (up until 12:00 p.m. on the scheduled hearing date) will be provided as an addendum. Committee of Adjustment: Public notice was mailed on May 23, 2018 Applicant confirmed posting of signage on May 24, 2018 Property Information Existing Structures Building 1995 Year Constructed

3 Staff Report A089/18 Page 3 Applicant has advised that they cannot comply with By-law for the following reason(s): The proposed development contemplates the retail warehousing of commodities that are not permitted within the EM3 Zone Building Standards (Zoning Review): A Building Permit has not been issued. The Ontario Building Code requires a building permit for structures that exceed 10m2 Car Brokerage does not permit the outdoor display or storage of motor vehicles. The applicant shall be advised that additional variances may be required upon review of detailed drawing for building permit/site plan approval. Building Inspections (Septic): No comments or concerns Development Planning: VOP 2010: "Employment Commercial Mixed-Use" Application under review, comments to follow. Development Engineering: Application under review, comments to follow. Parks Development: No Response. By-Law and Compliance, Licensing and Permit Services: No Response. Financial Planning and Development Finance: Please Note: That the payment of the City Development Charge is payable to the prior to issuance of a building permit in accordance with the Development Charges Act and City-wide Development Charge By-law in effect at time of payment. That the payment of Region of York Development Charge is payable to the prior to issuance of a building permit in accordance with the Development Charges Act and Regional Development Charges Bylaws in effect at time of payment. That the payment of Education Development Charge is payable to the prior to issuance of a building permit in accordance with the Development Charges Act and York Region District School Board and York Catholic District School Board Development Charges By-laws in effect at time of payment That the payment of applicable Special Area Development Charges are payable to the prior to issuance of a building permit in accordance with the Development Charges Act and Special Area Development Charge By-laws in effect at time of payment. Fire Department: No Response. Schedule A Plans & Sketches Schedule B Public Correspondence - KLM Schedule C - Agency Comments Alectra (Formerly PowerStream) No concerns or objections Region of York No concerns or objections Staff Recommendations: Staff and outside agencies (i.e. TRCA) act as advisory bodies to the Committee of Adjustment. Comments received are provided in the form of recommendations to assist the Committee. The Planning Act sets the criteria for authorizing minor variances to the s Zoning By-law. Accordingly, review of the application considers the following: That the general intent and purpose of the by-law will be maintained. That the general intent and purpose of the official plan will be maintained. That the requested variance(s) is/are acceptable for the appropriate development of the subject lands. That the requested variance(s) is/are minor in nature.

4 Staff Report A089/18 Page 4 Should the Committee find it appropriate to approve this application in accordance with request and the sketch submitted with the application as required by Ontario Regulation 200/96, the following conditions have been recommended: Unavailable Conditions It is the responsibility of the owner/applicant and/or authorized agent to obtain and provide a clearance letter from respective department and/or agency. This letter must be provided to the Secretary-Treasurer to be finalized. All conditions must be cleared prior to the issuance of a Building Permit. Notice to the Applicant Development Charges That the payment of the Regional Development Charge, if required, is payable to the before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. That the payment of the City Development Charge, if required, is payable to the before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. That the payment of the Education Development Charge if required, is payable to the before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment That the payment of Special Area Development charge, if required, is payable to the before issuance of a building permit in accordance with the Development Charges Act and The City's Development Charge By-law in effect at the time of Building permit issuance to the satisfaction of the Reserves/Capital Department; Notice to Public WRITTEN SUBMISSIONS: Any person who supports or opposes this application, but is unable to attend the hearing, may make a written submission, together with reasons for support or opposition, which must be delivered no later than 12:00 p.m. on the scheduled public hearing date. Written submissions can be mailed and/or ed to: Committee of Adjustment 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 CofA@vaughan.ca ORAL SUBMISSIONS: If you wish to attend the meeting you will be given an opportunity to make an oral submission. Presentations to the Committee are generally limited to 5 minutes in length. Please note that Committee of Adjustment meetings are audio recorded. Your name, address comments and any other personal information will form part of the public record pertaining to this application. PUBLIC RECORD: Personal information is collected under the authority of the Municipal Act, the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the Planning Act and all other relevant legislation, and will be used to assist in deciding on this matter. All personal information (as defined by MFIPPA), including (but not limited to) names, addresses, opinions and comments collected will become property of the, will be made available for public disclosure (including being posted on the internet) and will be used to assist the Committee of Adjustment and staff to process this application. NOTICE OF DECISION: If you wish to be notified of the decision in respect to this application or a related Local Planning Appeal Tribunal (LPAT) hearing you must complete a Request for Decision form and submit to the Secretary Treasurer (ask staff for details). In the absence of a written request to be notified of the Committee s decision you will not receive notice. For further information please contact the, Committee of Adjustment Adriana MacPherson T Extension 8360 E CofA@vaughan.ca

5 Staff Report A089/18 Page 5 Schedule A: Plans & Sketches Please note that the correspondence listed in Schedule A is not comprehensive. Plans & sketches received after the preparation of this staff report will be provided as an addendum. Correspondence will only be accepted until 12:00 p.m. on the date of the scheduled hearing. Location Map Sketches

6 Location Map - A089/18 2 Chrislea Road, Woodbridge ± km The makes every effort to ensure that this map is free of errors but does not warrant that the map or its features are spatially, tabularly, or temporally accurate or fit for a particular use. This map is provided by the witthout warranties of any kind, either expressed or implied.

7 +/ m +/ m +/ m +/ m +/ m +/ m #1 Existing Retail Warehouse Building GFA: +/- 4,512.3 m^2 +/ m +/ m +/ m Minor Variance Sketch Lot 1, Plan 65M Chrislea Road, Region of York +/ m To permit the retail warehousing of power storage products branded merchandise, electric vehicles, solar panels, battery chargers and their accessory servicing and repairs. March 4, 2018 Area subject to Minor Variance

8 J H S 102 S 103 C.G. C.G. H.B. 1/8" - 1'-0" SLOPE Gx DETAIL DETAIL 1/8" - 1'-0" SLOPE G C.G. TOOL BOX FE FLS 5 WORK BENCH Fx F TYP. M 02 TYP. E 01 TYP. E 03 TOOL BOX M 36 WORK BENCH M XX M XX M M G IT M XX M XX FLS 8 FLS 9 FLS P TOOL BOX F TC TYP. LIFT TABLE WORK BENCH E FLS 7 FLS 6 FLS 5 TOOL BOX Dx S147-6 TOOL BOX D DETAIL P.S. S.T. DETAIL M 02 TYP. E 01 TYP. E 03 TYP. C.G. C.G. 1/8" - 1'-0" SLOPE C.G. C.G. 8' x 9' GRAPHIC H.B. 1/8" - 1'-0" SLOPE 1/8" - 1'-0" SLOPE Cx F 86 F 85 TYP. TYP. TYP. TYP. FLS 5 C S 101 TYP. S 102 S 103 F 84 C.G. C.G. 1/8" - 1'-0" SLOPE C.G. C.G. FE M 37 M 39 C.G. 1/8" - 1'-0" SLOPE S SC TYP. TYP. TYP. TYP. A LB1 A LK1 TYP. F 92 A 03 F 91 A LB2 F 84 F B 1/8" - 1'-0" SLOPE 1/8" - 1'-0" SLOPE Ay S 245 S 242 S 174 S FLS 5 FE TYP. M 02 TYP. E 01 TYP. E 03 1/8" - 1'-0" SLOPE REFRIGERANT DRYER TYP. F 94 TYP. F 80 8' x 12' GRAPHIC WORK BENCH S147-6 T 02 M 10 12' EDUCATION WALL M 15 M 16 G 13 TYP. M 39 TYP. M 30 T M F F F F 39 TIRE CHANGER A T 530 TYP. T 540 TYP. T 520 TYP. M 30 M 39 TYP. F 39 WHEEL BALANCER A TYP. S 101 C.G. C.G. TYP. M 64 TYP. M XX C.G. S WORK BENCH C.G. TYP. E 01 TYP. E 03 TYP. M 02 TYP. F 44 8' x 9' GRAPHIC S147-6 ESD FLOOR MAT GROUNDED 8' x 12' GRAPHIC Jy S 137 ESD FLOOR MAT GROUNDED FLS 5 M 12 T 04 TYP. A 6 8' x 12' GRAPHIC ESD TABLE MAT GROUNDED S 136 TYP. FE T 03 TYP. T 510 M 20 T 02 12' EDUCATION WALL M XX M XX FLS 9 S 138 S S 142 X XX X XX X XX WATERFALL M 52 MIDDLE M 51 CAP M 50 TYP. M 41 TYP. F 50 8' x 9' GRAPHIC 1 1x 2 3 3x 3y 4 5 5x 6 7 TYP. F 43 7y 8 TYP. G XX A TIRE MACHINES 119 SQ.FT TIRE RACK FURNITURE, FIXTURE, EQUIPMENT & SIGNAGE PLAN 8' x 9' GRAPHIC Received May 30, 2018 SCALE: 1/16" = 1'-0" 1 SD SET TESLA - VAUGHAN SERVICE PLUS 2 CHRISLEA ROAD, WOODBRIDGE, ON, L4L 8V1 ISSUE / REVISION DRAWING TITLE AS NOTED FURNITURE FIXTURE EQUIPMENT & SIGNAGE PLAN SCALE: PROJECT NUMBER: SHEET NUMBER A2.05 HARRINGTON HOIST A HARRINGTON GANTRY A PALLET JACK

9 Staff Report A089/18 Page 6 Schedule B: Public Correspondence Received Please note that the correspondence listed in Schedule B is not comprehensive. Written submissions received after the preparation of this staff report will be provided as an addendum. Written submissions from the public will only be accepted / processed until 12:00 p.m. on the date of the scheduled hearing. - KLM

10 PLANNING JUSTIFICATION REPORT MINOR VARIANCE APPLICATION Royal Door Ltd. 2 Chrislea Road CITY OF VAUGHAN May 30, 2018 PREPARED BY: KLM PLANNING PARTNERS INC.

11 TABLE OF CONTENTS 1.0 INTRODUCTION SITE AREA AND CONTEXT BACKGROUND DEVELOPMENT PROPOSAL POLICY ANALYSIS PROVINCIAL POLICY PROVINCIAL POLICY STATEMENT (2014) GROWTH PLAN FOR THE GREATER GOLDEN HORSESHOE (2006) FOUR TESTS OF A MINOR VARIANCE THAT THE GENERAL INTENT AND PURPOSE OF THE OFFICIAL PLAN ARE MAINTAINED THAT THE GENERAL INTENT AND PURPOSE OF THE ZONING BY-LAW ARE MAINTAINED THAT THE PROPOSAL IS MINOR IN NATURE THAT THE PROPOSAL REPRESENTS APPROPRIATE DEVELOPMENT FOR THE SUBJECT LANDS CONCLUSION LIST OF FIGURES FIGURE 1 CONTEXT MAP... 3 FIGURE 2 LOCATION MAP... 4 FIGURE 3 MINOR VARIANCE SKETCH... 6 FIGURE 4 CITY OF VAUGHAN OFFICIAL PLAN MAP 1 URBAN STRUCTURE FIGURE 5 CITY OF VAUGHAN OFFICIAL PLAN MAP 13 LAND USE DESIGNATIONS FIGURE 6 CITY OF VAUGHAN ZONING BY-LAW SCHEDULE Royal Door Ltd. i

12 1.0 INTRODUCTION KLM Planning Partners Inc. has been retained by Royal Door Ltd. (the owner ), with respect to a proposed addition of uses to the existing retail warehouse building on their lands legally described as Lot 1, Plan 65M-2580 and municipally known as 2 Chrislea Road in the City of Vaughan (the subject lands ) (Refer to Figure 1). The owner proposes to add the retail warehousing of power storage products, solar panels and battery chargers as additional permitted commodities permitted by the existing retail warehouse use as well as the addition of a car brokerage with limited servicing and repairs as a permitted use. The purpose of these additional provisions is to facilitate the development of a Tesla facility. Tesla is a unique company that manufactures and sells various products to consumer, commercial, industrial and utility end users and will contribute to the provision of ancillary uses in the employment area for both businesses and employees alike. These products include electric vehicles, solar panels, Solar Roof products, Powerwall power storage products and battery chargers. Tesla Solar Roof complements a home s architecture while turning sunlight into electricity and are similar in appearance to traditional roofing materials such as shingles and clay tiles. Tesla Solar Panels are more traditional in appearance and provide similar functionality as Tesla Solar Roof for commercial and industrial buildings. With an integrated Tesla Powerwall battery, energy collected during the day by Tesla Solar Roof or Tesla solar panels is stored and made available any time, effectively turning a residential home or business into a stand-alone utility. Powerwall is an energy storage product that integrates with Solar Roof, solar panels or traditional grid systems to store excess energy generated during the day and makes it available when needed, minimizing reliance on electric utilities and the grid. These systems are independent of Tesla electric vehicles and can be used as stand-alone energy production and storage products that are used for commercial, industrial and residential applications to create an on-site energy back-up system or can facilitate off-grid electrical power to homes or businesses. As the permitted retail warehousing of the above noted commodities and the proposed car brokerage use are currently not specifically permitted within the existing site specific EM3 Retail Warehouse Employment Area Zone; we were requested to consider whether allowing the retail warehousing of the proposed additional commodities through a minor variance satisfies the required tests of a minor variance. This report is intended to provide a planning analysis and justification in support of the proposed minor variance application, in the context of the relevant Royal Door Ltd. 1

13 policy framework, and the four tests of a minor variance pursuant to Section 45(1) of the Planning Act R.S.O. 1990, C.P SITE AREA AND CONTEXT The subject lands are located on the north side of Chrislea Road, immediately east of Weston Road, immediately west of Jevlan Drive and south of an existing multi-unit retail warehouse. The lands have an area of 1.32 ha (3.26 ac) and currently support a vacant retail warehouse building previously occupied by Sears Home with a gross floor area of approximately 4,512 m 2 (48,566 ft 2 ). The lands maintain one full movement access onto Chrislea Road and one shared access onto Jevlan Drive. As Figure 1 illustrates, the area surrounding the subject lands contains a range and mix of land uses. The lands west of Weston Road from Fieldstone Road to south of Regional Road No. 7 are largely characterized by small and big box retail uses. Lands west of Weston Road from Fieldstone Road to Blue Willow Road are characterized by a low-density residential neighbourhood, all which have rear yards or flankage yards abutting Weston Road. The Subject Lands are within large business park area which is generally bordered by Langstaff Road to the north, Highway 400 to the east, beyond Highway 7 to the south and Weston Road to the west. This business park is a characterized with a mix of retail, service commercial, office, warehousing, retail warehousing, industrial, manufacturing and institutional uses. The specific land uses immediately adjacent to the subject lands are as follows: North: East: South: West: A multi-unit commercial retail warehouse building. Jevlan Drive and two multi-unit retail warehouse building. Chrislea Road and big box and multi-unit retail beyond. Weston Road and low-density residential dwellings beyond. 1.2 BACKGROUND As mentioned, the subject lands currently support a vacant retail warehouse building that was utilized as a Sears Home retail warehouse that has since gone out of business. It is our Royal Door Ltd. 2

14 understanding the construction of the existing retail warehouse took place in 1995 and was then subsequently leased to Sears Home on September 29, At this time, the lands were subject to the policies of OPA No. 450, which designated the lands Prestige Employment, subject to Section Under the policies of this designation, a range of industrial, office, business and civic uses were permitted and the lands were intended to provide locational opportunities for activities that require high exposure and accessibility. Further to this designation, the lands were zoned Retail Warehouse Employment Area (EM3), special provision 9(0961) Zone, under Bylaw No. 1-88, as amended. Special Provision 9(0961) was tailor made for the Sears Home retail facility. FIGURE 1 CONTEXT MAP Royal Door Ltd. 3

15 FIGURE 2 LOCATION MAP Royal Door Ltd. 4

16 3.0 DEVELOPMENT PROPOSAL The proposed minor variance would expand the permitted retail warehousing of commodities to include power storage products, solar panels, battery chargers as well as to allow a car brokerage to permit the sale, leasing and associated servicing and repairs of electric vehicles. No expansion of the existing building is being proposed. The proposed retail warehousing would take place within the existing building. The layout of the proposed building will include a showroom and display area consisting of approximately 835m 2 with the balance of the building being dedicated to the warehousing, storage and associated servicing of above noted products and accessory office space functions. In this regard, the existing building will continue to function as a retail warehouse as defined by the Zoning By-law 1-88 as follows: Warehouse, Retail: Means a building or part of a building in which goods and merchandise are displayed, stored and sold in a warehouse format. A warehouse format means a configuration where there is the integrated display, storage and sale of goods and merchandise, or a showroom with an associated warehouse component. Enhancements and upgrades to the building elevations will be proposed through a concurrent minor site plan application and will be subject to review by City staff and Council, if deemed necessary. In order to facilitate the proposed development, the following minor variance has been requested: 1) To permit the retail warehousing of power storage products, branded merchandise, solar panels, battery chargers and to also permit a car brokerage to permit the sale, leasing and servicing and repairs of electric vehicles only whereas the by-law does not permit the retail warehousing of these specific commodities and the car brokerage use. Detailed justification for the variance is contained in Section 5 of this report; however, in our opinion the proposed additional commodities are ancillary to the surrounding employment area and related uses and have functional and operating characteristics that are appropriate for an employment area. Further, the proposed car brokerage use is an as-of-right use in the EM3 zone and is deemed appropriate for lands zoned EM3. The proposed variance will provide beneficial Royal Door Ltd. 5

17 services, contributing to the long-term function of the employment area. Furthermore, it is anticipated that the proposed development will directly generate jobs. Based on a review of the surrounding businesses, there does not appear to be any similar uses to serve the needs of the surrounding employment area and beyond. The sale and service of electric vehicles, solar panels, battery chargers and power storage products will directly serve the needs of the employment area, employees and surrounding area which is typical of and in keeping with the nature of most ancillary uses permitted in employment areas. Lastly, the functional and operating characteristics of a Retail Warehouse are appropriate within an employment area and the additional permitted commodities will provide a greater range of services to the surrounding area. FIGURE 3 MINOR VARIANCE SKETCH Royal Door Ltd. 6

18 4.0 POLICY ANALYSIS 4.1 PROVINCIAL POLICY PROVINCIAL POLICY STATEMENT (2014) The Provincial Policy Statement (the PPS ) is a guiding document providing policy direction on matters of Provincial interest related to planning and development. The PPS seeks to set a policy foundation for regulations on land use and development while also supporting the Provincial goal to enhance the quality of life for Ontarians. An amended version of the PPS came into effect on April 30, 2014, replacing the previous version dated March 1, The Planning Act (the Act ) requires that all decisions made related to planning matters shall be consistent with policy statements issued under the Act, including the PPS. The PPS states that economic development and competitiveness is to be promoted by providing for an appropriate mix and range of employment uses to meet long term needs. This includes providing opportunities for a diversified economic base by ensuring that suitable land exists for employment uses which support a range of economic activities and ancillary uses which account for the needs of existing and future business. The proposed additions to the permitted commodities and the proposed car brokerage use is ancillary to the surrounding employment area and area businesses. The proposed facility will benefit surrounding businesses by provide them with products and services that will contribute to the efficient function and growth of these businesses and their employees. Based on this we believe that the proposed minor variance application is consistent with the policies of the PPS GROWTH PLAN FOR THE GREATER GOLDEN HORSESHOE (2017) The Growth Plan for the Greater Golden Horseshoe (the Growth Plan), prepared under the Places to Grow Act, 2005 is a framework document that seeks to implement the Provincial vision for the establishment of strong, prosperous communities to the year The Greater Golden Horseshoe has been identified as one of North America s fastest growing regions and it is important that growth be managed and directed in an appropriate manner. Royal Door Ltd. 7

19 The Growth Plan seeks to guide decisions on a number of matters including: transportation, infrastructure, planning, land-use planning, urban form, housing, natural heritage and resource protection. Included in the document are population and employment projections for the entire Golden Horseshoe area that are to be implemented by regional and local municipalities. As it relates to employment lands, the Growth Plan policies reflect those found in the PPS which call for municipalities to provide for an appropriate mix of employment uses, which would support a range of economic and ancillary uses, including commercial uses. It is anticipated that the proposed Tesla facility will directly provide for jobs. As mentioned, the proposed uses are ancillary to the surrounding employment uses and will contribute directly to the short and long-term needs of the employment area and area businesses. Therefore, the proposed use and the subject application for minor variance conforms to the policies of the Growth Plan. 5.0 FOUR TESTS OF A MINOR VARIANCE In consideration of an application for Minor Variance, Section 45(1) of the Planning Act R.S.O. 1990, C.P. 13 provides four (4) tests used to evaluate the appropriateness of said variance or variances. How the proposed variance meets the criteria of these tests is outlined below: 5.1 THAT THE GENERAL INTENT AND PURPOSE OF THE OFFICIAL PLAN ARE MAINTAINED The Region of York Official Plan (the ROP) was approved by Regional Council in Following its approval, the Plan was appealed to the Ontario Municipal Board. Notwithstanding this, those sections of the ROP applicable to the proposed development have been partially approved/modified by order of the OMB. As per Map 1 Regional Structure, the subject lands are designated as Urban Area by the Region of York Official Plan. Section of the Region of York Official Plan calls for the Region and its municipalities to work together to create business friendly development that includes a range and mix of available employment lands. Achieving this is important because of the recognition that employment lands are strategic and vital to the Regional economy and major drivers of economic activity. Royal Door Ltd. 8

20 In this regard, it is the policy of the Region to protect, maintain and enhance the long term viability of employment lands designated in local Official Plans. It is recognized in Section 4.3 that ancillary uses, which include small scale retail and commercial uses that primarily serve the business functions on employment lands, are to be allowed on employment lands provided that the proposed uses are intended to primarily service businesses in the employment lands. The subject lands are located within an Employment Area, as per Schedule 1 of the Vaughan Official Plan and subject to the policies of Section (Refer to Figure 4). The planned function of these employment areas is to support economic activity in the City by supplying land for a range of industrial, manufacturing, warehousing, and some office use. In addition to these uses, limited retail uses may also be located within Employment Areas to serve the day-to-day needs of surrounding businesses. In addition to being located with a designated Employment Area the subject lands are further designated Employment Commercial Mixed Use, as per Schedule 13 Land Use of the City of Vaughan Official Plan (refer to Figure 5). Under the policies of Section , lands within this designation are planned to be developed with commercial buildings that allow for a variety of business uses to occur in close proximity to each other. Policy b. ii states: Employment Commercial Mixed-Use Areas will contribute to the provision of ancillary uses, which primarily serve the needs of businesses and employees in the Employment Areas. Furthermore, Policy b. iii. States: Employment Commercial Mixed-Use Areas will provide a focus for business activity by providing for the largest and most comprehensive concentrations of supporting ancillary uses and amenities in the Employment Areas, including larger scale ancillary uses. As previously stated, Tesla manufactures and sells various products to consumer, commercial, industrial and utility end users and will contribute to the provision of ancillary uses in the employment area for both businesses and employees alike. These products include electric vehicles, solar panels, Solar Roof products, Powerwall power storage products and battery chargers. Tesla Solar Roof complements a home s architecture while turning sunlight into electricity and are similar in appearance to traditional roofing materials such as shingles and clay tiles. Tesla Solar Panels are more traditional in appearance and provide similar functionality as Tesla Solar Roof for commercial and industrial buildings. With an integrated Tesla Powerwall battery, energy collected during the day by Tesla Solar Roof or Tesla solar panels is stored and made available any time, effectively turning a residential home or business into a stand-alone utility. Powerwall is an energy storage product that integrates with Solar Roof, solar panels or traditional grid systems to store excess energy generated during the day and makes it available Royal Door Ltd. 9

21 when needed, minimizing reliance on electric utilities and the grid. These systems are independent of Tesla electric vehicles and can be used as stand-alone energy production and storage products that are used for commercial, industrial and residential applications to create an on-site energy back-up system or can facilitate off-grid electrical power to homes or businesses. The sale and service of Tesla electric vehicles and chargers provides additional uses that will serve the surrounding business and employees. Employees within the employment area will have the ability to service or purchase Tesla vehicles in close proximity to their workplace. Further, businesses that wish to install electric vehicle chargers will be able to purchase the chargers through the proposed Tesla facility. The line of products and services associated with the proposed Tesla facility provides energy and transportation solutions to homeowners and businesses and provide an ancillary use to the surrounding employment area. In accordance with Policy b.v.; the subject lands will be carefully designed with a high standard of public realm and urban built form to contribute to the creation of an urban environment with a strong pedestrian orientation and attractive streetscape, the details of which will be finalized through a future application for site plan approval. As the subject lands are not located within an Intensification Area, the following uses are permitted by the Official Plan: - Offices Uses to a maximum of 12,500 m 2 GFA per lot; - Cultural and Entertainment Uses; - Retail Uses; provided that no Retail unit shall exceed a Gross Floor Area of 3,500 m 2 ; and, - Gas Stations, subject to Policy As previously noted, the subject lands are zoned EM3 and are subject to Zoning Exception 9(0961) which permits the retail warehousing of the following specific commodities: home and office furniture, not including office supplies, home appliances, home fabrics, linens and upholstery, floor coverings, window coverings, lighting, pool/patio products, paint and wall paper and window and doors and related accessories. Royal Door Ltd. 10

22 Retail uses are defined by the Official Plan as Retail shall mean retail, restaurant and service commercial uses. As it relates to the retail use floor area restrictions stated above, the intent of this policy is to restrict the locating of large retail establishments (big box stores, department stores etc.) on lands designated for employment uses. In addition, the general policies allow large scale ancillary uses. The existing building is approximately 1,000m 2 more than the maximum permitted GFA of 3,500m 2 for a retail unit in the Employment Commercial Mixed Use designation. However, under the Interpretation policies of VOP 201, Policy states; to recognize legally existing land uses as they exist at the time this plan is approved. These land uses shall be deemed to conform to this plan. Minor extensions, reduction or expansions of such uses shall be permitted without amendment to this Plan provided that the intent of this Plan is not compromised and the tests prescribed below are met: a. the road pattern and transit routes envisioned by this Plan are not compromised or precluded in the long-term; b. the proposed expansion or enlargement of the existing use shall not unduly aggravate the situation created by the existence of the use, especially in regard to the requirements of the zoning by-law; c. the characteristics of the existing use and the extension or enlargement shall be examined with regard to noise, vibration, fumes, smoke, dust, odor, lighting, parking and traffic generation; d. the neighbouring uses will be protected where necessary by the provision of landscaping, buffering or screening devices, and measures to reduce nuisances and, where necessary, by regulations for alleviating adverse effects caused by lighting or advertising signs. Such provisions and regulations shall be applied to the proposed extension or enlargement and, where feasible, shall also be extended to the existing use in order to improve its compatibility with the surrounding area; and/or, e. in all cases where an existing use seriously affects the amenity of the surrounding area, consideration shall be given to the possibility of ameliorating such conditions, as a condition of approving an application for extension or enlargement of the existing use, especially where public health and welfare are directly affected. f. within Natural Areas, it is demonstrated that there will be no negative impact on existing natural features and functions; g. there is no increased risk to public health and safety associated with natural hazards in accordance with the natural hazards policies of this Plan; and/or h. where applicable, permission is obtained in accordance with Section 28 of the Royal Door Ltd. 11

23 Conservation Authorities Act. Given that the proposed development will utilize an existing building and all of the primary uses of that building will be wholly contained within said building, the proposed development will meet all of the above noted tests. Further, as previously discussed, the subject lands will be subject to a future site plan application where details such as building elevations, lighting, parking, traffic generation, etc. will be reviewed in detail to ensure to adverse impacts. The existing retail warehouse building was legally existing when VOP 2010 was approved. Therefore, the exceedance of the maximum retail GFA by approximately 1,000m 2 is deemed to conform to the Official Plan. The proposed minor variance is simply seeking to add a car brokerage as a permitted use and to expand the specific permitted commodities associated with the permitted retail use within the existing building. The Employment Commercial Mixed-Use designation specifically permits retail uses. The proposed minor variance will facilitate retail uses that are ancillary to the employment area, and therefore maintains the general intent and purpose of the Official Plan. Therefore, the proposed uses within the existing building conform to Official Plan land use policies. Schedule 13 Land Use of the Official Plan identifies the maximum height permitted as 5 storeys and therefore the height of the existing one storey building conforms to the official plan. With respect to the design policies related to the development of such uses, it has been mentioned that the actual construction of the modification to the existing building will be subject to an application for Site Development approval through the Planning Department which is the appropriate process to ensure the revised elevations maintain the existing high quality built form and urban design as required in policy. The existing building and site plan exhibits quality architectural and urban design and the same can be achieved through site plan approval for the revised elevations to ensure conformity with the Official Plan. Based on the foregoing, the general intent and purpose of both the Region of York and City of Vaughan Official Plans are maintained. Royal Door Ltd. 12

24 FIGURE 4 CITY OF VAUGHAN OFFICIAL PLAN MAP 1 URBAN STRUCTURE Royal Door Ltd. 13

25 FIGURE 5 CITY OF VAUGHAN OFFICIAL PLAN MAP 13 LAND USE DESIGNATIONS 5.2 THAT THE GENERAL INTENT AND PURPOSE OF THE ZONING BY-LAW ARE MAINTAINED The subject lands are currently zoned Retail Warehouse Employment Area Zone, Exception 9(0961) Zone, under the provisions of By-law No. 1-88, as amended (Refer to Figure 6). The EM3 Zone permits the following uses: - All uses in the EM1 Zone, including a car brokerage - Building Supply Outlet - Catalogue sales - Convention Centre - Retail Warehouse - Retail Nursery - Swimming Pool, Recreational Vehicle Leasing/Rental/Sales Royal Door Ltd. 14

26 The EM3 Exception 9(0961) Zone permits the Retail Warehousing of the following specific commodities only: - home and office furniture, not including office supplies - home appliances - home fabrics - linens and upholstery - floor coverings - window coverings - lighting, pool/patio products - paint and wall paper - window and doors and related accessories. The use of the existing building as a Retail Warehouse is permitted by the Zoning By-law. The additional commodities that would be permitted by the proposed minor variance include power storage products, solar panels and battery chargers that will be sold within the existing retail warehouse building. It is anticipated that these additional proposed commodities would better serve the employment area, employees and surrounding areas than the existing permitted uses and would and therefore will be more in keeping with the intent and purpose of the Official Plan policies than what is currently permitted. The proposed car brokerage use is not permitted with the site-specific zoning exceptions applicable to the subject lands. However, a car brokerage is a permitted use in the EM3 Retail Warehouse Employment Area Zone and is therefore considered an appropriate use in the EM3 Zone. The sale, leasing, servicing and repair of motor vehicles would be restricted to electric vehicles only. Further, the servicing and repairs would exclude the following types of repairs and servicing: engine oil changes, gasoline and diesel engine service and repair, transmission service and repair, exhaust system service and repair. It should also be noted that the required parking rate for a car brokerage is 3 parking spaces per 100m 2 which is less that the current required parking rate of 3.5 spaces per 100m 2 under the existing zoning. Therefore, the addition of the car brokerage use will not have any adverse impact on the parking requirements for the subject lands. With respect to building height, the EM3 zone provisions found in Schedule A of By-law 1-88, permits a maximum building height of 15m subject to notation 13 of Schedule A that states: A building may exceed 15 metres provided the minimum interior side yard is increased by 0.3 metres for every 0.6 metres of additional building height in excess of 15 metres. The existing building is 8.38m in height and complies with the height provisions of the by-law. Royal Door Ltd. 15

27 Based on the foregoing, the proposed minor variance to implement the proposed Tesla facility in the existing permitted retail warehouse meets the general intent and purpose of the zoning bylaw. FIGURE 6 CITY OF VAUGHAN ZONING BY-LAW SCHEDULE E-1046 Royal Door Ltd. 16

28 5.3 THAT THE PROPOSAL IS MINOR IN NATURE The proposed use of the subject lands for a retail warehouse that permits the sale and service of electric vehicles, solar panels, chargers and power storage products is one that represents an appropriate extension to the already permitted retail warehouse permissions. The sale and service of the proposed commodities and electric vehicles will all take place wholly within the existing building. With respect to further impacts, a Retail Warehouse use and a Car Brokerage use would be permitted as-of-right on a number of surrounding nearby properties which are zoned EM3 in the employment area without the site-specific restrictions on the permitted commodities that apply to the subject lands. Accordingly, it is our opinion that the proposed use is considered to be compatible with the surrounding land uses and no adverse impacts are anticipated. For these reasons, the proposed minor variance is minor in nature. 5.4 THAT THE PROPOSAL REPRESENTS APPROPRIATE DEVELOPMENT FOR THE SUBJECT LANDS The proposed use and the utilization of the existing building footprint will effectively utilize existing building stock, while making efficient use of the subject lands. The existing building is currently vacant and not generating any jobs or services to the surrounding area residential and employment areas. The proposed use is permitted in the Official Plan and will serve the employment area, its employees and area businesses while also generating new jobs. The use is considered compatible with surrounding land uses and no adverse impacts are anticipated. For these reasons the proposed minor variance to expand the permitted commodities to include power storage products, solar panels, battery chargers and a car brokerage use within the existing retail warehouse building is desirable and appropriate for the development of the subject lands, and better serves the employment area than the current list of permitted uses. 6.0 CONCLUSION An application for a minor variance has been submitted by Royal Doors Ltd. to facilitate a Tesla facility within an existing Retail Warehouse building for their lands currently zoned Retail Warehouse Employment Area Zone, Exception 9(0961) Zone under the provisions of By-law No. 1-88, as amended. If the variance is approved, it is intended that the existing Retail Warehouse building be utilized to accommodate the proposed use. Royal Door Ltd. 17

29 Based on our review of the applicable policy framework we have concluded that the use is appropriate for lands designated Employment Commercial Mixed Use by the Official Plan. The proposed additional commodities and car brokerage use are ancillary to the surrounding employment and residential areas and have functional and operating characteristics that are appropriate for an employment area. They will provide beneficial services, contributing to the long-term function of the employment area. The sale and service of power storage products, electric vehicles, solar panels and battery chargers will directly serve the needs of the employment area, employees and the surrounding area. We have further concluded that the use maintains the intent of the existing zoning, will result in no adverse impacts and is appropriate and desirable for the use and development of the lands. For these reasons we are of the opinion that the proposed minor variance meets the four tests of a minor variance, as per Section 45(1) of the Planning Act R.S.O. 1990, C.P. 13 and should therefore be recommended for approval by the Committee of Adjustment. Royal Door Ltd. 18

30 Staff Report A089/18 Page 7 Schedule C: Agency Comments Please note that the correspondence listed in Schedule C is not comprehensive. Comments received after the preparation of this staff report will be provided as an addendum. Correspondence will only be accepted until 12:00 p.m. on the date of the scheduled hearing. Alectra (Formerly PowerStream) No concerns or objections Region of York No concerns or objections

31 COMMENTS: Alectra Utilities (formerly PowerStream) has received and reviewed the proposed Variance Application. This review, however, does not imply any approval of the project or plan. All proposed billboards, signs, and other structures associated with the project or plan must maintain minimum clearances to the existing overhead or underground electrical distribution system as specified by the applicable standards, codes and acts referenced. In the event that construction commences, and the clearance between any component of the work/structure and the adjacent existing overhead and underground electrical distribution system violates the Occupational Health and Safety Act, the customer will be responsible for 100% of the costs associated with Alectra making the work area safe. All construction work will be required to stop until the safe limits of approach can be established. In the event construction is completed, and the clearance between the constructed structure and the adjacent existing overhead and underground electrical distribution system violates the any of applicable standards, acts or codes referenced, the customer will be responsible for 100% of Alectra s cost for any relocation work. References: Ontario Electrical Safety Code, latest edition (Clearance of Conductors from Buildings) Ontario Health and Safety Act, latest edition (Construction Protection) Ontario Building Code, latest edition (Clearance to Buildings) PowerStream (Construction Standard 03-1, 03-4), attached Canadian Standards Association, latest edition (Basic Clearances) If more information is required, please contact either of the following: Mr. Stephen Cranley, C.E.T Supervisor, Distribution Design, ICI Phone: ext Fax: stephen.cranley@alectrautilities.com Mr. Tony D Onofrio Supervisor, Subdivisions & New Services Phone: ext Fax: tony.donofrio@alectrautilities.com 2

32 MacPherson, Adriana Subject: FW: (A089/18) 2 Christlea Road - Minor Variance, Vaughan From: Hurst, Gabrielle [mailto:gabrielle.hurst@york.ca] Sent: May :28 AM To: MacPherson, Adriana <Adriana.MacPherson@vaughan.ca> Subject: (A089/18) 2 Christlea Road Minor Variance, Vaughan Good Morning Adriana, The Regional Municipality of York has completed its review of the above Minor Variance application and has no objection. Regards, Gabrielle Hurst, MCIP.RPP. C.Tech Programs and Process Improvement I Planning and Economic Development Branch I Corporate Services The Regional Municipality of York I Yonge Street I Newmarket, ON L3Y 6Z1 O ext I gabrielle.hurst@york.ca I Our Values: Integrity, Commitment, Accountablity, Respect, Excellence 1