Friday, June 13, 2003

Report to: Development Services Committee Date of Meeting: May 16, 2006

SUBJECT: RECOMMENDATION REPORT

JM Hospitality & HDBB Investments Inc.

Applications for Zoning By-law amendment and Site Plan Approval to permit a phased hotel development at 8221 Woodbine Avenue (50 Bodrington Court)

File Nos. ZA 05 013331, SC 05 015041

PREPARED BY: Anna Henriques, Planner, ext. 7922

Central District

RECOMMENDATION:

That the report dated May 16, 2006 entitled ‘RECOMMENDATION REPORT, JM Hospitality & HDBB Investments Inc. Applications for Zoning By-law amendment and Site Plan Approval to permit a phased hotel development at 8221 Woodbine Avenue (50 Bodrington Court)’ be received;

That the Zoning application (ZA 05 013331) submitted by JM Hospitality & HDBB Investments Inc. to permit a phased hotel development be approved;

AND THAT prior to the zoning by-law being brought forward to Council for enactment, the Owner submit a certificate, from a qualified land surveyor, confirming that the proposed development (all phases) complies with the Buttonville Airport Zoning Regulation; that the peer review process for the Environmental Assessment of the property is complete and that arrangements are made for site to be adequately remediated for the proposed development; and that Ministry of Municipal Affairs and Housing approval is obtained for the use of the portion of the subject property that is located within the Parkway Belt West Plan;

AND THAT the site plan application (SC 05 015041) for Phase 1, be endorsed in principle, subject to the conditions attached as Appendix ‘A’;

AND THAT site plan approval be delegated to the Director of Planning and Urban Design, or her designate, to be issued following execution of a site plan agreement. Site plan approval is issued only when the Director has signed the site plan.

EXECUTIVE SUMMARY:

The applicant is proposing a phased hotel development consisting of two, six storey hotel buildings with a total of 205 guestrooms. Phase 1 will consist of the Homewood Suites Hotel located on the parcel fronting onto Bodrington Court (50 Bodrington Court). This extended stay hotel will contain a total of 101 guestrooms and will feature amenity space consisting of a fitness room, pool and meeting rooms on the ground floor. Phase 2 proposes a future hotel, The Hampton Inn, which will be located on the lot fronting onto Woodbine Avenue (8221 Woodbine Avenue). This future hotel will contain a total of 104 guestrooms with a pool and small fitness centre proposed on the ground floor. The applicant is also proposing a range of other complementary uses such as retail, restaurants and offices to be considered as part of this application.

The property is designated “Commercial – Retail Warehouse Area” in the Official Plan and zoned Industrial (M4) pursuant to by-law 2284-68, as amended. The southwest portion of the subject lands are located within the Minister’s Zoning Order (Parkway Belt). A zoning by-law amendment is required to re-zone the lands to Special Commercial One (SC1), pursuant to by-law 165-80 with a site specific exemption, permitting the proposed hotel development and complementary uses. Approval from the Ministry of Municipal Affairs and Housing will be required for the portion of the lands in the Parkway Belt.

Issues with the proposal relating to soil contamination, Ministry of Transportation and Ministry of Municipal Affairs and Housing requirements, traffic and noise have been addressed in this report and through conditions of site plan approval.

FINANCIAL CONSIDERATIONS:

Not applicable

Subject lands and Area Context

The subject property is municipally known as 8221 Woodbine Avenue and has frontage on Woodbine Avenue and Bodrington Court. The site encompasses approximately 1.3 hectares (3.2 acres) and is located on the north side of Highway 407, east of Woodbine Avenue (Figure 1). The property has no mature vegetation and is vacant with the exception of a small shed located at the southwest corner of the property. Surrounding land uses include a landscape contractor’s yard to the north, Highway 407 to the south, an industrial building to the east and Woodbine Truck Centre to the west, across Woodbine Avenue.

Proposal

The applicant is proposing a phased hotel development consisting of two, six storey hotel buildings with a total of 205 guestrooms. As part of the phasing plan, the applicant has indicated that the property will be the subject of a future application for consent for mortgage purposes with one parcel fronting onto Woodbine Avenue (8221 Woodbine Avenue) and the other fronting onto Bodrington Court (50 Bodrington Court). Access to the site will occur only via Bodrington Court due to the Ministry of Transportation requirements. The applicant is exploring opportunities for a second, shared access with the property to the north.

Phase 1 will consist of the Homewood Suites Hotel located on the parcel fronting onto Bodrington Court (50 Bodrington Court). This extended stay hotel will contain a total of 101 guestrooms and will feature amenity space consisting of a fitness room, pool and meeting rooms on the ground floor. Landscaping will be provided along the front and side lot lines with surface parking provided at the rear of the property and along the front and side lot lines, adjacent to the proposed landscape strips. (Figure 4).

Phase 2 proposes a future hotel, The Hampton Inn, which will be located on the lot fronting onto Woodbine Avenue (8221 Woodbine Avenue). This future hotel will contain a total of 104 guestrooms with a pool and small fitness centre proposed on the ground floor. Surface parking is proposed in the rear and side yards with landscaping along the side lot lines (Figure 5).

The applicant is also proposing a range of other complementary uses such as retail, restaurants and offices (consistent with the ‘Commercial – Retail Warehouse’ designation in the Official Plan) to be considered as part of this application.

Public Meeting held August 30, 2005

A public meeting was held on August 30, 2005 to consider the proposed Zoning and Site Plan applications submitted by JM Hospitality and HDBB Investments Inc. There were no speakers or written submissions; however, staff were made aware of the concerns of a local Markham Hilton Hotel owner. The owner’s concerns were with respect to the proximity of this proposal relative to existing established hotel operations in the area. The Town’s Official Plan and Ontario Planning Act do not consider marketplace competition and therefore, development applications are not evaluated in that regard. The applicant has provided staff with a letter from Hilton’s regional franchise department stating that prior to granting approval for a new Hilton franchise hotel, a detailed analysis is conducted investigating the impacts of the new hotel on existing Hilton family franchises in the marketplace. Hilton has confirmed that there would not be any unreasonable impacts on any existing Hilton family hotel in the area and has therefore, granted the applicant a license to build the Homewood Suites as part of Phase 1.

Official Plan and Zoning

The property is designated “Commercial – Retail Warehouse Area” in the Official Plan. The proposed hotel development and additional complementary uses such as retail, offices, restaurants and banquet halls are all provided for under this designation and an Official Plan amendment is not required. The property is zoned Industrial (M4) pursuant to by-law 2284-68, as amended (Figure 2). The zoning category does not permit the proposed development and therefore, a zoning by-law amendment is required. The southwest portion of the subject lands are located within the Minister’s Zoning Order (Parkway Belt). Surface parking is proposed in the general area of the lands within the Parkway Belt. Approval from the Ministry of Municipal Affairs and Housing will be required for the portion of the lands in the Parkway Belt.

The subject lands will be deleted from By-law 2284-68, as amended and incorporated into By-law 165-80, as amended. The lands will be re-zoned to Special Commercial One (SC1), consistent with the Official Plan. A site specific exemption will apply, permitting the proposed hotel development and complementary uses such as restaurants, offices, retail, etc. A Hold (H) will be placed on the phase 2 lands until such time as the Owner decides to proceed with development. Conditions for removal of the Hold will include that the Owner obtain site plan approval and submission of a revised traffic impact study for review and approval by the Town.

MTO Requirements

The subject lands, due to their close proximity to Highway 407, are located within an area under the jurisdiction of the Ministry of Transportation (MTO). The MTO requires a 14.3m setback from the southerly lot line, adjacent to Highway 407, and the westerly lot line, fronting onto Woodbine Avenue. The 14.3m setback is required by the MTO to protect for the possible future widening of Highway 407. Both site plans, Phase 1 and Phase 2 (Figures 4 &5), provide approximately 60 required parking spaces within the 14.3m setback area. In the event that the MTO requires the lands within the required 14.3m setback, the applicant has proposed an underground parking structure to accommodate the displaced surface parking (Figure 6). This site plan, phase 3, will be attached to the site plan agreement with provisions in the agreement securing the construction of the underground parking structure should the lands within the 14.3m setback be required by the MTO.

Access to the site from Woodbine Avenue has been denied by the MTO due to the site’s proximity to the Highway 407 on/off ramp to the south. Access to the site will be exclusively via Bodrington Court. Staff have worked with the applicant to protect for a future shared access driveway with the property to the north, 8241 Woodbine Avenue. This property is located outside of MTO jurisdiction and should be eligible for full access onto Woodbine Avenue. A future shared access will be pursued in conjunction with a development application on these lands.

Building Orientation and Elevations

The proposed building locations for phase 1 and 2 are generally acceptable to staff. The MTO requirement of a 14.3m setback from Woodbine Avenue has pushed the built form further back on the site for phase 2. To compensate for this setback, staff have requested that no parking be provided within the front yard and that the area be enhanced with attractive landscaping to act as a defining element of the streetscape. This will be dealt with in more detail as part of site plan approval for phase 2.

The proposed elevations consist of a stone and stucco exterior finish for Phase 1, The Homewood Suites hotel. The hotel’s main front entrance is oriented north on the site and features a drive-through portico for the drop off and pick up of patrons. The west elevation is partially open to a fenced courtyard featuring the hotel’s amenity space.

Elevations for the future hotel will be dealt with as part of site plan approval for Phase 2.

Phasing Plan

The applicant is proposing to proceed with Phase 1, the Homewood Suites Hotel, as soon as possible, upon execution of the site plan agreement and the issuance of a building permit. Phase 2, The Hampton Inn, is conceptual at this time until the completion of a feasibility study for review and approval by the Hilton Hotel franchise. In the event that the applicant does not receive approval from Hilton for the Hampton Inn, the applicant has requested that complementary uses such as retail, restaurants and offices be permitted on the Phase 2 lands. See attached draft by-law for a complete list of permitted uses, Appendix ‘B’.

Timing for the development of the Phase 2 lands is dependent on Hilton’s approval and therefore, the applicant cannot confirm at this time the construction program for the second building. Due to the site’s prominent location on Woodbine Avenue, staff have requested that the applicant provide an interim treatment for the phase 2 lands as part of Phase 1 (Figure 4). This interim treatment will provide for enhanced landscaping along Woodbine Avenue, a pedestrian walkway from the Phase 1 lands to Woodbine Avenue and sodding.

The Phase 1& 2 site plan demonstrates the ultimate final condition of the site with Phase 1 and 2 completed. This site plan is a conceptual site plan and dependent on approval of the Phase 2 hotel, Hampton Inn, by the Hilton Hotel franchise. This Hampton Inn will be the subject of a separate application and report for site plan approval.

A Phase 3 site plan is proposed to address MTO’s requirements. In the event that the MTO requires the lands within the 14.3m setback, the applicant has prepared a concept site plan demonstrating how the site will function without the MTO lands. An underground parking structure is proposed to accommodate displaced parking within the 14.3m setback (Figure 6)

Traffic impact study and noise study to be implemented

Staff requested that a traffic impact analysis and noise study be submitted in support of the subject applications. The traffic impact analysis has been reviewed by Town staff and some minor revisions to the report have been requested for re-submittal to the Town for approval of Phase 1. Town staff have also requested that an updated traffic study for Phase 2 be submitted once the development parameters for Phase 2 have been finalized.

The noise study has been submitted and peer reviewed. Recommendations of the noise study report will be implemented prior to approval of the site plan and in the site plan agreement.

Buttonville Airport Zoning Regulation

The subject lands are located within the area subject to the Buttonville Airport Zoning Regulation (Buttonville AZR). As a condition of site plan approval and prior to bringing the zoning by-law forward for adoption, the Owner will be required to submit a certificate from a qualified land surveyor confirming that the proposed development complies with the Buttonville AZR. In addition, the Buttonville AZR contains clauses restricting the disposal of waste and recommends that all lighting associated with buildings, parking areas and other areas be shielded and directed downwards so as not to affect aircraft operation. These matters regarding waste and lighting will be addressed in the site plan agreement.

Contaminated soil

The subject lands are identified in the Official Plan as an area with possible soil contamination. An Environmental Assessment, Phase 1 and Phase 2, report was prepared and peer reviewed. The peer reviewer has requested some additional information for further review. Completion of the EA peer review, and confirmation that the site remediation is acceptable for the proposed development, is required prior to site plan approval.

Conclusion