Report to: Development Services Committee Report Date: September 4, 2007

SUBJECT: RECOMMENDATION REPORT

JM Hospitality & HDBB Investments Inc.

Application for Site Plan Approval to permit a seven storey hotel with 99 suites (Hampton Inn & Suites) at 52 Bodrington Court

File No. SC 07 117171

PREPARED BY: Stacia Muradali, Ext. 7922

Project Planner, Central District

RECOMMENDATION:

That the report dated September 4, 2007 entitled “ RECOMMENDATION REPORT, JM Hospitality & HDBB Investments Inc. Application for Site Plan Approval to permit a seven storey hotel with 99 suites at 52 Bodrington Court” be received;

That the application for site plan control approval (SC 07 117171) by JM Hospitality & HDBB Investments Inc. for a seven storey, 99 suite hotel (Hampton Inn and Suites), be endorsed in principle, subject to the conditions attached as Appendix ‘A’;

That the 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;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

JM Hospitality & HDBB Investments Inc. are requesting site plan approval for Phase 2 of a hotel development. Phase 1, a six storey, 101 suite hotel (Homewood Suites) is currently under construction. Phase 2 includes a seven storey, 99 suite hotel (Hampton Inn and Suites) at the north east corner of Highway 407 and Woodbine Avenue. The proposed development is acceptable subject to the resolution of minor technical issues. Staff recommend that Committee endorse the site plan application and delegate site plan approval to the Director of Planning and Urban Design, to be issued once the conditions outlined in this report have been satisfied. The zoning of the site is subject to a Hold provision. The Hold will be removed upon application by the Owner once the conditions of site plan approval have been satisfied and the site plan agreement executed.

FINANCIAL CONSIDERATIONS:

Not applicable

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7.Engage^21st 8. Affected Units 9. Attachment(s)

The purpose of this report is to discuss and recommend approval of the site plan application submitted by JM Hospitality & HDBB Investments Inc. Approval of this application will facilitate the development of a seven storey, 99 suite hotel development at 52 Bodrington Court.

BACKGROUND:

Subject lands and area context

The subject property, municipally known as 50 and 52 Bodrington Court, has an area of 1.28 hectares (3.2 acres), and has frontages on Highway 407 to the south, Woodbine Avenue to the west and Bodrington Court to the east (Figure 1). Phase 2, the subject of this application, is located on a 0.5 hectare (1.25 acre) westerly portion of the property. Phase 1, a six storey hotel with 101 rooms (Homewood Suites) is currently under construction on the easterly portion of the property. Industrial and warehousing uses are located to the east of the subject lands and the Woodbine Truck centre is located on the west side of Woodbine Avenue. A commercial retail plaza with restaurants is proposed to the north. (Figure 3).

Phased hotel development

In 2006, Council endorsed an overall plan and by-law amendment for two hotels on the property and Phase 1 received site plan approval.

Phase 1 (50 Bodrington Court) which is currently under construction is a six storey Homewood Suites Hotel located on the easterly portion of the subject property. This hotel includes 101 guestrooms with amenity space consisting of a fitness room, pool and meeting rooms on the ground floor.

Phase 2 (52 Bodrington Court) which is the subject of this report, was to consist of a six-storey hotel with 101 guestrooms, a pool and fitness centre. The applicant has added one storey to the hotel and reduced the number of suites to 99 through this current site plan application.

The two hotels will function as one overall site and remain as one property. Surface parking will be provided throughout the entire site for both hotels.

The applicant has submitted a site plan application for Phase 2 of the hotel development, comprised of a seven-storey, 99 room hotel. The gross floor area of the hotel will be 6,074 square metres (65,387 square feet). The hotel will be 23.3 metres (76.5 feet) in height to the highest parapet. A total of 186 parking spaces will be provided for the entire hotel development (the two hotels), which meets the Town’s parking requirements. The main entrance to the hotel will be oriented towards the north property line, facing 8241 Woodbine Avenue. Proposed shared access from Woodbine Avenue with the property to the north will be located towards the north-west area of the subject lands.

Official Plan

The property is designated Commercial- Retail Warehouse Area in the Official Plan. The Commercial- Retail Warehouse Area designation makes provision for hotels, retail, offices, banquet halls, entertainment uses and restaurants.

The southerly portion of the lands was located within the Parkway Belt West Plan. Surface parking is proposed to be located within this area. The Ministry of Municipal Affairs and Housing approved an amendment to the Parkway Belt West Plan on June 29, 2007 (Amendment No. 189) deleting these lands from the Parkway Belt West Plan.

The entire site, including 50 Bodrington Court (Phase 1), was re-zoned to Special Commercial One (SC1) in 2006 to permit the proposed phased hotel development and complementary uses such as restaurants, offices, and retail uses. A Hold provision was placed on the zoning of the Phase 2 lands, to be removed following site plan approval and the approval of a revised traffic impact study.

OPTIONS/ DISCUSSION:

MTO Requirements

The subject lands abut Highway 407. The Ministry of Transportation (MTO) requires a 14.3m setback from Highway 407 and Woodbine Avenue to protect for any future widening of Highway 407. The site plan shows 61 required parking spaces located within the 14.3 metre setback area. MTO will require the applicant to relocate these parking spaces in the event that the MTO requires the lands in the future. The applicant proposes to accommodate any displaced parking in an underground parking structure. Appropriate conditions are included in Appendix ‘A’ and will be addressed in the site plan agreement.

The MTO will not allow direct access to the site from Woodbine Avenue, due to the site’s proximity to the Highway 407 on/off ramp. A zoning by-law amendment application has been submitted to permit a mixed-use (commercial, retail and restaurants) plaza on the property to the north (8241 Woodbine Avenue). Staff is working with the applicant and the owner of the property to the north, to secure a future shared access driveway onto Woodbine Avenue. A condition to secure a shared access will be incorporated into the site plan agreement. Resolution of the shared access should occur before the issuance of site plan approval. An updated Traffic Impact Study will be submitted for review and approval by the Town, the Region of York and the MTO before the access to Woodbine Avenue is granted.

Region of York requirements

The Region of York requires detailed engineering submissions including grading plans, water and wastewater servicing plans, utility details, construction access details, landscaping details, traffic management or control plans and a storm water management report. These requirements will be addressed in the site plan agreement.

Urban Design and Landscaping

Town staff have concerns with the proposed location of the service access and loading area to the garbage room and visibility from Woodbine Avenue. As well, the west elevation facing Woodbine Avenue should be enhanced, and the façade and cornice treatment strengthened in some areas (Figure 5). These items will be addressed prior to the Director of Planning and Urban Design issuing site plan approval.

The subject property was zoned for hotel uses in 2006 based on concept plans submitted by the owner. The proposed hotel development does not comply fully with the site-specific by-law requirements of the 2006 amendment as follows: parking spaces encroach into the required 14m landscape strip abutting Woodbine Avenue, and the building is seven storeys or 23.3m (76 feet) in height, which exceeds the maximum height. The proposed development must be revised to comply with the applicable zoning by-law or an application to the Committee of Adjustment must be made to obtain the necessary variances required as a result of the proposed hotel development.

Buttonville Airport Zoning Regulations

The subject land is located within the area subject to the Buttonville Airport Zoning Regulations (Buttonville AZR). The applicant has submitted a Certificate confirming that the height of 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. Appropriate conditions are included in Appendix ‘A’ and will be secured in the site plan agreement.

FINANCIAL TEMPLATE (external link):

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

The subject lands are identified in the Official Plan as an area with possible soil contamination. An Environmental Assessment for Phases 1 and 2 was reviewed and the site remediation was determined to be acceptable by the Town.

ACCESSIBILITY CONSIDERATIONS:

Not applicable.

ENGAGE 21^ST CONSIDERATIONS:

The proposal aligns with the following key Town of Markham Corporate Goals: Managed Growth, Quality Community and Infrastructure Management.

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to applicable departments and agencies for comment, and their requirements have been included as conditions of approval.

RECOMMENDED BY:

________________________ ________________________

Valerie Shuttleworth, M.C.I.P, R.P.P Jim Baird, M.C.I.P, R.P.P

Director, Planning & Urban Design Commissioner, Development

ATTACHMENTS:

Figure 1: Site Location

Figure 2: Area Context and Zoning

Figure 3: Aerial Photo

Figure 4: Proposed Site Plan (Phase 2)

Figure 5: Proposed Building Elevations

Figure 6: Coloured Rendering

Figure 7: Proposed Site Plan for Phases 1 and 2

Appendix ‘A’: Conditions of Site Plan Approval

APPLICANT INFORMATION:

JM Hospitality & HDBB Investments Inc.

8330 Woodbine Avenue

Markham, ON, L3R 2NB

Tel: 905-479-1233

Fax: 905-479-1602

File path: Amanda\File 07 117171\Documents\Recommendation Report

APPENDIX ‘A’- Conditions of Site Plan Approval

That the Owner enter into a site plan agreement with the Town, containing all requirements of the Town, The Region of York, the Ministry of Transportation, Transport Canada and other authorized public agencies, including providing any financial securities required;

That this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing September 4, 2007, in the event that the site plan agreement is not executed within that period of time;

That prior to approval of the site plan, the owner shall submit a revised traffic impact study to be reviewed and approved by the Town and the Ministry of Transportation;

That prior to approval of the site plan, the owner shall submit final drawings, including but not limited to, site plan and elevation drawings, landscape plans, grading plans, servicing plans, and engineering drawings that comply with all the requirements of the Town, The Region of York, the Ministry of Transportation, Transport Canada, and any other authorized public agencies, to the satisfaction of the Town;

That prior to final site plan approval the Owner revise the site plan to comply with the applicable zoning, or shall obtain variances for relief of the by-law requirements to accommodate the proposed development;

That the location, size and construction of all refuse storage areas and recycling facilities, and arrangements for waste collection be to the satisfaction of the Town of Markham Waste Management Department, and that the Owner agree in the site plan agreement that the disposal of waste outdoors is prohibited;

That prior to site plan approval, the Owner comply with all requirements of the Fire Department to the satisfaction of the Town;

That the Owner covenant and agree in the site plan agreement that all lighting associated with the buildings, parking areas and other areas be shielded and directed downwards so as not to affect aircraft operation;

That the Owner covenant and agree in the site plan agreement that in the event that the property to the north, 8241 Woodbine Avenue, re-develops, to secure the necessary easement(s) with the property owner for a shared access driveway onto Woodbine Avenue ;

That the Owner covenant and agree in the site plan agreement that in the event that the Ministry of Transportation requires conveyance of lands within the required 14.3m setback along the southerly and westerly property lines, to accommodate any displaced parking spaces within an underground parking structure in accordance with a plan to be approved by the Town and the Ministry of Transportation;

That the Owner covenant and agree in the site plan agreement to adhere to all Buttonville Airport Zoning Regulations;

That the Owner covenant and agree in the site plan agreement to pay all applicable charges including but not limited to, development charges, cash-in-lieu of parkland and recoveries;

That prior to site plan approval, the Owner provides for any easements respecting public access and servicing connections through the subject lands to the satisfaction of the Commissioner of Development Services and the Town Solicitor;

AND that prior to site plan approval the Owner shall submit a Landscape Plan prepared by a Landscape Architect having membership with the Ontario Association of Landscape Architects, for approval by the Commissioner of Development Services, and inclusion in the site plan agreement.