Report to: Development
Services Committee Report
Date: December 2, 2008
SUBJECT: RECOMMENDATION REPORT
Applications
for Official Plan and Zoning By-law Amendments by Woodbine International Centre
Corporation and Woodbine International Hotel Corporation to permit a mixed-use
hotel, retail, conference and trade centre at the northwest corner of Woodbine
Avenue and Markland Street
File Nos: OP 07 129406 & ZA 07 129420
PREPARED BY: Sabrina Bordone, Planner -
West Development District
RECOMMENDATION:
THAT the staff report entitled
“RECOMMENDATION REPORT, Applications by Woodbine International Centre
Corporation and Woodbine International Hotel Corporation to permit a mixed-use
hotel, retail, conference and trade centre at the northwest corner of Woodbine
Avenue and Markland Street, File Nos: OP
017 129406, ZA 07 129420”, be received;
That Town staff, in consultation
with the Region of York, prepare draft Official Plan and Zoning By-law
Amendments pursuant to the policies of the Business Corridor Designation and
the Region of York Official Plan, and having regard to the Retail Impact Study
by Tate Economic Research Inc. October 2008;
THAT the applications be approved subject
to the draft Official Plan and Zoning By-law Amendments being presented to Council
for adoption once the Traffic Impact Study has been revised to the satisfaction
of the Director of Engineering and the Region’s Transportation and Works
Department respectively and that Regional staff have completed their review of the
retail study.
THAT the Official Plan Amendment,
once finalized and adopted by Markham Council, be referred to the Region of
York for approval;
AND THAT Staff be authorized and
directed to do all things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
Applications for Official Plan and
Zoning By-law Amendments have been submitted by the Woodbine International Centre
Corporation and the Woodbine International Hotel Corporation to permit the
development of a mixed-use hotel, retail, conference and trade centre at the
northwest corner of Woodbine Avenue
and Markland Street.
An Official Plan Amendment is
required to redesignate the westerly portion of the site from “Business Park
Area” to “Business Corridor Area”, so that the entire site is designated
“Business Corridor Area”. The applicant
is also requesting an amendment to Section 5.3.4. d) of the Woodbine North
Secondary Plan in order to permit an increased density on the property. Section 5.3.4.d) states that buildings shall
not exceed a Floor Space Index of 1.0.
The applicant is proposing a Floor Space Index of 1.8 on the site.
The subject lands are currently
zoned “Select Industrial with Limited Commercial”. The applicant is requesting that the
permitted uses be broadened across the entire site to reflect those provided
for in the “Business Corridor Area” designation in the Official Plan. The applicant is also requesting an amendment
to increase the maximum Floor Area Ratio from 107% (easterly portion) and 60%
(westerly portion) to 180% across the entire site.
A statutory public meeting was
held on September 16, 2008
to obtain input on the applications. At
that meeting a number of outstanding matters were discussed including
submission of various technical studies, i.e.
noise study, retail study, and tree inventory and preservation plan. All required studies have now been received
and reviewed. A Traffic Impact Study
(TIS) was submitted with the applications and has been reviewed by both Town’s
Transportation staff and the Region’s Transportation and Works Department. Changes have been requested to the TIS, which
have yet to be made by the applicant.
Business Corridor Areas are
intended for industrial and office uses that require the exposure offered by
such locations in order to accommodate the business and service needs of the
nearby companies and employees they serve, and to accommodate, at appropriate
locations, certain uses that also serve the general public. According to the retail study submitted with
this application, the hotel and trade/conference facilities are the primary
function of the proposed development, with the retail area being an ancillary
component. A mixed use centre combining
multiple unit retail development containing individual retail premises of less
than 300 m2 (3,229 ft2) of gross floor area with other
permitted uses, shall also be provided for in the Business Corridor Area
designation, subject to certain criteria.
The draft Zoning By-law Amendment will be carefully drafted to ensure
the hotel and conference centre remain the primary use on the site.
Staff recommend that the
applications be approved and that draft Official Plan and Zoning By-law
Amendments be prepared and presented to Council for adoption when the revised Traffic
Impact Study has been reviewed to the satisfaction of the Director of
Engineering and the Region’s Transportation and Works Department respectively.
The subject lands are designated
“Industrial” in the Official Plan. This
designation is further refined to “Business Corridor Area” for the easterly
portion of the subject lands and “Business Park Area” for the westerly portion
of the subject lands by the Woodbine North Secondary Plan.
An Official Plan Amendment has
been submitted to redesignate the westerly portion of the site from “Business
Park Area” to “Business Corridor Area”, so that the entire site is designated
“Business Corridor Area”. The “Business
Corridor Area” designation provides for offices, hotels and motels, trade and
convention centres, service uses consistent with the planned function of the
designation. Other uses provided for
include ancillary retail uses (where internally integrated as a component of an
office building or hotel), restaurants (where integrated with other uses as a
component of a larger building), and sport, health and fitness recreational. In comparison, the “Business Park Area”
designation provides for the proposed hotel development, but does not include
provisions for a mixed-use centre. In
addition, ancillary retail uses and restaurants are only contemplated in the
“Business Park Area” designation where internally integrated as a component of
an office building and clearly intended for the convenience use of local
businesses and employees, or when internally integrated as a component of a
hotel, as customarily provided to cater to the needs of the hotel patrons. Furthermore, section 3.5.6.3. c) ii) of the
Official Plan permits retail uses as part of a mixed use centre provided that
the total gross floor area devoted to retail does not exceed the total gross
floor area devoted to other permitted uses.
The applicant is also requesting
an amendment to Section 5.3.4. d) of the Woodbine North Secondary Plan in order
to permit an increased density on the property.
Section 5.3.4.d) states that buildings shall not exceed a Floor Space
Index of 1.0. The applicant is proposing
to have this permission changed to a Floor Space Index of 1.8.
Zoning By-law Amendment is Proposed
The subject lands are currently
zoned “Select Industrial with Limited Commercial” [M.C.(107%)] for the easterly
portion and [M.C.(60%)] for the westerly portion by By-law 165-80, as
amended. Uses permitted under the
“Select Industrial with Limited Commercial” zone category include banks and
financial institutions, professional and business offices, commercial schools,
hotels and motels amongst other uses. In
spite of this, the lands are also subject to site specific amendment 48-90,
which limits the permitted uses for all parcels abutting Woodbine Avenue to
data processing centres and related functions, business and professional
offices, banks and financial institutions, private clubs and health centres, and
industrial uses as part of part of an office/industrial uses, but not within 60
m of the Woodbine Avenue street line.
The applicant is requesting that the permitted uses be broadened across
the entire site to reflect those provided for in the “Business Corridor Area”
designation in the Official Plan.
The applicant is also requesting
an amendment to increase the maximum Floor Area Ratio from 107% (easterly
portion) and 60% (westerly portion) to 180% across the entire site.
Staff is currently in the process
of preparing the proposed Zoning By-law Amendment for the subject lands. In order to ensure that the planned function
of the Business Corridor Area designation is maintained, staff are
contemplating the incorporation of the following special site provisions: minimum building heights, minimum floor area
requirement for the hotel/trade/convention uses, minimum and maximum floor
areas for the proposed retail units and linking the retail floor area
permissions with the floor area permissions for other uses.
Statutory Public Meeting held on September 16, 2008
On September 16, 2008, a statutory public meeting was held to
obtain input on the applications. As
this meeting, staff gave a detailed presentation on the subject lands, adjacent
uses, and the proposal. A number of matters
were discussed, including:
- area
compatibility/gradation of height and density to the existing low density
residential to the north and northwest;
- the
amount and type of retail uses proposed;
- the
permission for long-term stay hotel units and the prohibition of
residential units in the Business Corridor designation;
- the
requirement for the subject blocks to be consolidated to meet the
requirements of the Ontario Building Code;
- outstanding
comments from Town staff regarding the Traffic Impact Study submitted by
the applicant; and,
- outstanding
submission of various technical studies (i.e. noise study, retail study, and tree
inventory and preservation plan).
At this meeting Committee members
inquired about the status of the wooded area
currently on site. Staff
advised that the wooded area did not fall within the criteria of a designated
woodlot area. Committee members
requested that the status of the woodlot be reconfirmed by the Region of
York. Since that time, staff from the Town’s Urban Design section have
advised that the condition of the wooded area was reviewed at the time of
approval of the Jolis plan of subdivision. At that time, Town and
Regional staff confirmed the wooded area did not meet the definition of a
woodlot under the Regional Tree By-law due to the density of the trees, the
poor health, and the type of vegetation.
Urban Design staff have also advised that a tree relocation program and
enhancement of the adjacent stormwater management pond to the north were undertaken
by the developer at that time as compensation.
OPTIONS/ DISCUSSION:
Appropriateness of proposed development in Business Corridor Area
designation
As previously stated, Business
Corridor Areas are intended for industrial and office uses that require the
exposure offered by locations along major road frontages in order to
accommodate the business and service needs of the nearby companies and
employees they serve, and to accommodate, at appropriate locations, certain
uses that also serve the general public.
According to the retail study submitted with this application, the hotel
and trade/conference facilities are the primary function of the proposed development,
with the retail area being an ancillary component. It further states that the majority of
customer support for the proposed retail area will be derived from visitor
traffic and synergies generated between the hotel, office, and trade/conference
facilities, with interaction from businesses and the employees from the
surrounding employment area. As per the retail
study, the source of retail customer support for the proposed development is projected
as follows: Hotel and Trade/Conference
Facilities – 40.40%, Business Park Employment – 33.10% and Market Population –
26.50%.
As per section 3.5.6.3 c) ii) of
the Official Plan, a mixed-use centre combining multiple unit retail
development containing individual retail premises of less than 300 m2
(3,229 ft2) of gross floor area with other permitted uses, is also
appropriate in the Business Corridor Area designation, subject to all of the
following:
·
the centre shall be a multi-storey building;
·
the site shall generally be located on a site
adjoining an intersection with an arterial or collector road;
·
the total gross floor area devoted to retail
uses shall generally not exceed the total gross floor area devoted to other
permitted uses.
The proposed development is a
multi-storey mixed use development and is located at the northwest corner of Woodbine
Avenue (Region of York Arterial Road) and Markland
Street (Town of Markham
Major Collector Road). The retail area for the proposed development
will be comprised of commercial condominium units typically ranging in size
from 18.5 – 185.8 m2 (200-2,000 ft2) depending on the
tenant and in some instances allow for a maximum of 300 m2 (3,230 ft2). However, further clarification is required to
determine whether the unit sizes proposed are based on gross leasable area, or
gross floor area as per the requirements of section 3.5.6.3 c) of the Official
Plan . The retail study provides a total retail amount based on gross leasable
area, which is lower than calculations based on gross floor area.
Finally, the total gross floor
area devoted to retail uses must not exceed the gross floor area of other
permitted uses, as outlined in the retail study and chart on page 3 of this
report.
The retail study also requires
review by Regional staff pursuant to Region of York Official Plan
policies. The findings of this retail
impact study will form the basis of the Official Plan Amendment, which will be
forwarded to Council for approval once a thorough review of its findings has
been completed in consultation with the Region.
The implementing documents will be drafted to ensure the resulting
development maintains the planned function of the Business Corridor Area.
Transition of height and densities
The applicant has demonstrated
that the proposed development is sympathetic to the existing low-density
residential development to the north and northwest of the subject lands. The 9-storey hotel component, approximately
30.5 metres in height (excluding the roof top mechanical) is sited along the
westerly portion of the Markland Street
frontage in order to maximize its separation from low density residential uses
to the north and northwest. The Woodbine
Avenue frontage of the subject lands, to a depth of approximately 90 metres
back from the site’s Woodbine Avenue frontage, will be developed with a
3-storey, 25-metre high street-related building oriented to both the Woodbine Avenue
and Markland Street frontages.
Furthermore, north of the proposed hotel component, south of the
existing stormwater management pond and residential, is a one-storey winter
garden/shopping centre with a landscaped roof.
A landscape strip is also proposed along the north property line.
The development is within the Buttonville Airport Zoning Regulation
The property is subject to the
Buttonville Airport Zoning Regulations (AZR).
According to the regulations, the proposed building must not exceed the
heights specified in the AZR. A
certificate from an Ontario Land Surveyor will be required to confirm that the
elevations are within permitted height limits.
Staff are generally satisfied with built form proposed
Town staff have advised the applicant that we are generally
satisfied with the proposed built form. However,
staff are concerned with the mass of the built form along Markland
Street and Woodbine
Avenue and believe that the built form should respond
to the adjacent residential neighbourhood to the north while functioning as a
gateway to the employment lands to the west.
To address this, staff have recommended that the applicant look at ways
to scale down and break up the long building face
along the Woodbine Avenue
and Markland Street frontages.
Staff have also requested that the applicant incorporate alternative building materials,
i.e. masonry. Staff are of the opinion that these changes will result in
a built form that is more sympathetic to the existing residential uses to the
north and northwest. The applicant has made a commitment to resolve these
matters through the site plan approval process.
A separate report on the site plan application will be presented at a
later date.
Retail impact study submitted on October 20, 2008
As part of the review process for
this application, staff requested submission of a retail study to assist both
staff and Council in gaining a better understanding of the nature, extent and
function of the retail component for the subject development in relation to the
planned function of the Business Corridor Area designation. This retail study, which was prepared by Tate
Economic Research Inc, was submitted to the Town on October 20, 2008. Town staff, in consultation with the Region
of York, will have regard to the findings of this retail impact study in the formulation
of the Official Plan and Zoning Amendments.
Long-term stay hotel permitted
As previously stated, the
applicant is proposing a 9-storey hotel component along the Markland
Street frontage.
The hotel portion of the development is proposed in three phases, with
130 hotel rooms and 75 long-term stay rooms in Phase 1 and 260 long-term stay
rooms in Phases 2 & 3, equally divided between each phase. The “Business Corridor Designation” provides
for hotels and motels, but not residential uses. The Town’s Urban Expansion By-law 177-96, as
amended, defines a hotel as “a premises
that contains rooms with or without private cooking facilities that are rented
on a temporary basis to the public or dwelling
units, or a combination of both, equipped to be occupied as temporary
accommodation for the public, and which contains a public dining area and which
also may contain meeting rooms and accessory
banquet facilities.
The applicant is aware that Town
staff would not support residential on the subject lands, nor has the applicant
requested this permission.
Subject lands comprised of two blocks on Plan 65M-3925
The subject lands include two
separate blocks on Plan 65M-3925. In
order to meet the Ontario Building Code’s requirements for servicing, the
applicant will be required to consolidate the two blocks into one
property. This will be required prior to
the building permits being issued for the proposed development.
Preliminary noise overview submitted
In October 2008, the applicant
submitted a preliminary noise overview to staff for review. The preliminary noise overview discussed
potential transportation noise sources that could have an impact on the subject
lands, including vehicular traffic from Markland
Street. As
well, the study reviewed stationary noise sources at the site, including
heating, ventilation and air conditioning (HVAC) equipment, and truck movements
including deliveries and garbage pick-up, which may impact adjacent residential
uses. The conclusions from this
preliminary noise overview suggests that the transportation and stationary
sources of noise related to the development of this site can be mitigated
through the use of physical and operational methods. The applicant has also committed to providing
a detailed noise study as part of the site plan approval process.
Updates to the Transportation Impact Study are required
As part of the application review
process, the applicant submitted a Transportation Impact Assessment (TIS). This TIS has been reviewed by the Town’s
Transportation staff, as well as the Region’s Transportation and Works
Department. The TIS has assumed a number
of roadway improvements that are not yet built, to justify the capacity to
accommodate the additional background traffic and traffic from the proposed
development. However, since these
improvements are time bound, Town staff have requested that a staging plan be
submitted for the site and associated traffic impacts based on a reasonable prediction
of gradual road network improvements. An
updated TIS has not yet been submitted by the applicant.
Tree inventory and preservation plan completed and accepted as part of
previous subdivision process
Draft plan
approval was issued for the Jolis plan of subdivision (now registered as 65M-3925)
in 1991. Since that time, the applicant received a number of extensions
to the expiry date of the original draft plan approval. Most recently, in
2005, the Town of Markham, the Toronto and Region Conservation Authority
and the Regional Municipality of York requested changes to the original draft
plan conditions and these changes were referred to the Ontario Municipal Board
by the applicant.
One of the
requirements of the Urban Design Department was the submission of an updated
Tree Inventory and Preservation plan. This plan was required to be
submitted and approved prior to the execution of the subdivision agreement for
any portion of the draft plan of subdivision.
A detailed
Stage 1 tree inventory and analysis was received and reviewed by Town
Staff. The Stage 1 tree inventory identified species and described the
quality of the species. The vegetative unit on this site was classified
as “young woodland”. The woodland area is comprised of successional
vegetation, which includes remnant landscape planting, advanced woody old
regeneration and remnant hedgerows. There is a former farmyard area which
includes a dense grove of black locust, domestic apple and elm trees.
As a
“woodland”, the area has many structural issues. There is a lack of
complete canopy cover, a lack of vegetative biodiversity and the area contained
many invasive species such as: Manitoba Maple and Buckthorn. The
vegetative unit was rated as “moderate” due to the presence of a few isolated specimens
which where of high landscape value.
A meeting
with Regional Forestry staff was held at the site in 2005. The purpose of
the meeting was to determine if the wooded area was classified as a woodland or
woodlot under the Regional Forest Conservation By-law. It was concluded
in conjunction with the Region that it did not meet the definition of a
woodland or woodlot based on the area and density of the vegetation on the site.
A Stage 2
tree preservation plan was subsequently submitted with a proposed concept plan
for development of these lands. A few
individual specimens were identified as worthy for preservation. However, upon review of the proposed concept,
it was apparent that the building footprint would not permit the preservation
of any vegetation. Based on the proposed
development concept and the assessment information provided, it was determined
that the majority of the vegetation on the site could be removed subject to
approval of a site plan application. As
compensation, the developer of the subdivision agreed to provide the Town with
compensation for this loss through the provision of an equivalent area of
vegetation to be established in an adjacent storm water management block. The Town also supported tree relocation to
occur on the site, which allowed many of the young, healthy, significant
species to be relocated to other natural areas.
This work was completed in the fall 2006.
Conclusion
Staff recommend that the
applications be approved and that draft Official Plan and Zoning By-law
Amendments be prepared and presented to Council for adoption once the Traffic
Impact Study has been revised to the satisfaction of the Director of
Engineering and the Region’s Transportation and Works Department respectively,
and that Regional staff have completed their review of the Retail study.