DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning & Urban Design

David Clark, Town Architect

Alan Brown, Director of Engineering

 

 

 

 

PREPARED BY:

Markham Centre District Team

Doris Cheng, Development Planner - extension 7922

 

 

 

 

DATE OF MEETING:

June 3, 2003

 

 

 

 

SUBJECT:

RECOMMENDATION REPORT

Unionville Homes Society Millennium Project

Site Plan and Zoning Applications for

4300 Highway #7 East, Markham Ontario

Plan #2886, Block C and Part of Block B and D

File Number SC 00-241797 and ZA 00-242730

 

 

 


 

RECOMMENDATION:

That the report dated June 3, 2003, entitled, “Recommendation Report - Unionville Homes Society Millennium Project - Site Plan and Zoning Amendment Applications for 4300 Highway #7 East, Markham Ontario, Plan #2886, Block C and Part of Block B, File Number SC 00-241797 and ZA 00-242730” be received;

 

That the record of the Public Meeting held on Tuesday, March 25, 2003 with respect to the re-zoning application be received;

 

That the zoning application (ZA 00-24273) submitted by the Unionville Homes Society be approved, and the draft zoning by-law amendment attached as Appendix ‘A’ be enacted;

 

And that the site plan application submitted by the Unionville Homes Society, file number SC 00.241797, be approved subject to the following conditions:

 

  1. That the owner enter into a site plan agreement with the Town, containing all standard and special provisions and requirements of the Town, Region of York and other authorized public agencies, including access requirements on Highway #7 East, to the satisfaction of the Region of York Transportation and Works Department, prior to commencing any work on the site or road allowance, including providing any associated financial securities required by the Region;
  2. That prior to final approval of the site plan, the owner shall provide to the Town of Markham plans that reflect the recommendations of the technical studies to be finalized to the satisfaction of the Town; 

 

  1. That prior to final approval of the site plan, the owner shall obtain all Committee of Adjustment approvals for consent to convey easements for servicing, pedestrian, and vehicular access;

 

  1. That prior to the execution of the site plan agreement, the owner obtain legal ownership of the lands to be transferred from the Ontario Realty Corporation to the Town of Markham, and then transferred from the Town of Markham to the Unionville Homes Society.  Alternatively, the final site plan would need to be revised to function based on the owner’s current land holding, to the satisfaction of the Town.

 

  1. That prior to the execution of the site plan agreement, the owner shall submit final drawings, including but not limited to, site plans and elevations drawings, landscape plans, and engineering drawings that comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

  1. That the owner shall ensure satisfactory arrangements have been made to satisfy all obligations, financial or otherwise required in the site plan agreement, including provision for payment of all applicable fees, recoveries, cash-in-lieu of parkland, Developer’s Group obligations, local services contributions and development charges; 

 

  1. That the owner shall covenant and agree in the site plan agreement to deposit a Letter of Credit for the urbanization of the Highway #7 East frontage of the subject lands by the applicant, including utility and sidewalk locations to the satisfaction of the Town and the Region of York;

 

  1. That the owner shall covenant and agree in the site plan agreement to provide a master landscaping plan, to be integrated in phases, to the satisfaction to the Commissioner of Development Services;

 

  1. That the owner shall covenant and agree in the site plan agreement to provide a Letter of Credit for the on-site storm water management and installation of external storm sewer improvements to the satisfaction to the Commissioner of Development Services;

 

  1. That the owner shall covenant and agree in the site plan agreement to protect and provide for the conveyance to the Region of York of any future road widenings or grade separation of Highway #7 East, to accommodate any future rapid transit corridor and/or station locations, provide an easement for the future installation of municipal services, and provide a Letter of Credit and enter into a services-in-lieu agreement for the extension of municipal services along Highway #7 East;

 

  1. That the owner shall covenant and agree in the site plan agreement to reimburse the Town of Markham for any costs incurred associated with the land transaction from the Ontario Realty Corporation (ORC) to the Unionville Homes Society.

 

  1. That the owner shall covenant and agree in the site plan agreement to indemnify the Town of Markham, its employees, elected officials, contractors and agents against any and all actions, causes of actions, suits, claims and demands whatsoever which may arise either directly or indirectly by reasons of undertaking any of the owner’s work with respect to the development proposal, the decommissioning and ongoing maintenance of the existing building, or the lands transferred into the ownership of the Unionville Homes Society by the Town of Markham and any infrastructure improvements associated with the future widening of the GO Transit rail corridor.

 

  1. That the owner shall covenant and agree in the site plan agreement to protect for an approximate 3 to 4 metre future widening of the GO Transit rail corridor and possible grade separation as determined by future studies to be undertaken by the Region and/or GO Transit;  

 

  1. And further that the site plan approval will lapse after a period of three years commencing June 3, 2003, in the event that a site plan agreement is not executed during that period.

 

PURPOSE:

This report recommends that the draft implementing zoning by-law for the Open Space Two (O2) category and setback amendments be approved to provide for the expansion of the existing Union Villa long-term care facility.  This report also recommends conditions for site plan approval of the proposed addition of a 160-bed long-term care facility to the existing building at 4300 Highway #7 East. 

 

BACKGROUND:

Site description and area context

The total amount of land affected by the site plan application consists of approximately 17.79 acres (7.2 ha) that comprises the existing Union Villa long-term care facility.  Approximately 2.243 acres (0.908 ha) within the southeast corner of the site is subject to the rezoning application, of which 0.938 acres (0.38 ha) is being transferred into the ownership of the Unionville Homes Society for the purposes of this development.

 

The site is located on the north side of Highway #7 East, east of Village Parkway, and west of the GO Transit tracks and Kennedy Road.  Land uses to the west of the site include residential townhomes, the temporary location of the Mitsubishi car dealership, and the White Rose retail outlet.  North of these lands is a residential neighbourhood, and to the east, are a variety of retail land uses and the Volvo car dealership.  A plaza (containing office, retail and restaurant uses) is directly to the south.  The plaza shares a signalized intersection onto Highway #7 with the existing Unionville Homes Society facility. 

 

The Proposal

Union Villa is a 162-bed, long-term care facility.  In order to upgrade this facility to current Ministry of Health standards, the applicant is proposing to construct an addition to the existing building.  The addition will be a 3-storey (10.5 metres), 160-bed institutional building for the long-term care of York Region seniors.  The existing facility to the rear of the property will be decommissioned, however the laundry and kitchen facilities will be renovated and upgraded for the use of the proposed addition.  The gross floor area of the proposed addition is 8,863 m² (95,401 ft²).  The rear portion of this site is the subject of an application for consent for mortgage purposes.

 

The Unionville Homes Society has submitted a decommissioning plan to the Town that is currently under review by internal departments.  The Society has agreed to enter into an agreement, stipulating the terms of maintaining the decommissioned building to the satisfaction of the Town.  The applicant expects that the decommissioned building will eventually be renovated and re-utilized for a similar use, once funding becomes available, and the need arises.

 

Current Official Plan designation permits the use

The subject property is designated Institutional in the Official Plan (revised 1987), as amended.  This designation is predominantly used for community, educational, health care, governmental, or religious purposes, including hospitals, centers for the disabled, nursing homes, homes for the aged, or similar residential health care facilities.  The proposed use is permitted and an Official Plan amendment is not required.

 

Existing Zoning requires rezoning and additional amendments

The owner has submitted an application to rezone the Industrial (M) portion of the site (as illustrated on Figure 2), to Open Space Two (O2), to permit the addition to the long-term care facility, and to ensure zoning consistency across the balance of the site.  The Industrial zone permits a variety of warehousing, assembling, manufacturing and open storage uses, but not a long-term care facility, therefore a zoning amendment is required.

 

In addition to the rezoning of the southeast portion of the land parcel, the applicant has requested further amendments to the side yard and rear yard setbacks to accommodate the proposed addition, and a reduction in the parking requirements. 

 

In order to proceed with the proposed development, a Holding (H) provision is recommended on the portion of the site housing the existing building.  This is due to several technical requirements pertaining to the decommissioning of the existing building and available site servicing.  These requirements will need to be fulfilled to the satisfaction of the Director of Engineering prior to the reuse and occupancy of the existing building.  To ensure these requirements are completed, the owner will be required to provide full municipal services from Highway #7 East, ensure the necessary parking is available, finalize the urbanization of Highway #7 East, and submit a site plan application for Town review and approval.  Until such requirements are fulfilled to the satisfaction of the Town, the lands on which the decommissioned building sits, will remain with a Hold provision.

 

DISCUSSION:

The owner is requesting an amendment to the parking requirements

The owner submitted a parking study in 1999, as requested by the Town of Markham, to determine appropriate parking needs for the Unionville Homes Society.  An addendum was submitted to staff in April 2003 for consideration.  The study indicates that an overall requirement of 235 parking spaces for staff, visitors and residents for the existing townhouses, apartments and proposed long-term care facility under the ownership of the Unionville Homes Society is anticipated.

 

The owner is requesting relief from Parking By-law 28-97 which states that long-term care facilities (defined as Nursing Homes) have a required parking ratio of 0.5 parking spaces per bedroom, or 1 parking space per 37 m² of net floor area, whichever is greater.  The applicant is proposing a parking ratio of 0.29 spaces per bed, with a final total of 90 parking spaces for this phase of development, of which 8 are handicapped spaces.

 

The Director of Facilitation for the Ministry of Health and Long Term Care Redevelopment Project has reviewed the application by Unionville Homes Society and has informed Town staff that their parking requirement calculations are determined on a site-specific basis.  In reference to the Union Villa site at 4300 Highway #7 East, the Ministry often leaves matters such as vehicular access, landscaping, façade design and parking to the municipal planning process.  With other projects, they have encountered parking in the range from 1 space for every 2 residents to 1 space for every 10 residents.  Typically, the average has been 1 space for every 4 residents.  Therefore, the Ministry of Health Long Term Care agrees with Union Villa's proposal to provide approximately 1 space for every 3 long-term care beds as sufficient parking.  Based on this information, staff concurs with the Ministry of Health and Long Term Care and supports the reduction in the parking requirement as included in the draft by-law (Appendix ‘A’).

 

A Committee of Adjustment consent application has been submitted

The owner has submitted an application to the Committee of Adjustment (to be brought forward on May 21, 2003) to convey an interest in the lands that contain the portion of the existing building to be decommissioned (illustrated on Schedule ‘A’ in Appendix ‘A’), and provide for access easements across the existing land parcels.  The owner has indicated that the conveyance is only for mortgage financing purposes. The Unionville Homes Society plans to redevelop the existing building once the required funding becomes available. 

 

The owner will be required to finalize and obtain the access easements as a condition of site plan approval.  These easements (to be registered on title and run with the title of the lands on the subject parcels) include servicing, pedestrian, and vehicular access easements to ensure that no portion of the subject lands shall be land-locked.

 

ORC land parcel will be transferred to the Unionville Homes Society for this proposal

The Unionville Homes Society and the Town have been working with the Ontario Realty Corporation (ORC) to secure the acquisition of the land parcel at the corner of the CN Rail tracks and Highway #7 East (Refer to Figure 4).  Previously reserved for the Ministry of Transportation grade separation and viewing triangle, this parcel has been identified as surplus by the Province and marked for sale by the ORC.  An agreement for the Purchase and Sale of this land parcel has been signed between the Town and the ORC, and the final land transfer is pending.  Once complete, the Town will transfer the lands to the ownership of the Unionville Homes Society.  As part of the agreement with the Town, the Unionville Homes Society will incur all costs related to the transaction and will indemnify the Town against any and all actions, causes of actions, suits, claims and demands whatsoever which may arise either directly or indirectly by reasons of undertaking any of the owner’s work with respect to the development proposal, the decommissioning of the existing building, or the lands transferred into the ownership of the Unionville Homes Society by the Town of Markham. 

 

The owner intends to decommission the existing building

The Unionville Homes Society does not intend to demolish the existing structure.  They believe the structure can be adapted for reuse in the future, and it is their long-term plan to retrofit and renovate this existing structure to provide alternative living opportunities to York Region seniors when funds permit.  To comply with Building Code requirements and to facilitate the construction of the new addition, the applicant has submitted a decommissioning plan that has been reviewed by the Engineering Department in cooperation with the Building Department.

 

The decommissioned portion of the existing building will be maintained at minimum conditions, suitable for unoccupied purposes, and its maintenance and issues related to safety will be the sole responsibility of the Unionville Homes Society. 

 

Staff has reviewed the decommissioning plan with the applicant and are generally satisfied with the steps being undertaken by the Unionville Homes Society.  Further details related to the decommissioning of the existing building are under review by the Building Department to ensure compliance with Building Code requirements. 

 

Sanitary services are not yet available along Highway #7 East

Currently, there is no capacity in the downstream sanitary sewers to accommodate this expansion, and no services are available along Highway #7 East.  In order to proceed with this proposal, the owner has been working with the Engineering Department to develop a temporary servicing solution.  The existing building is serviced via Fred Varley Drive.  No additional sanitary loads are permitted, as the sanitary sewer on Fred Varley Drive does not have the available capacity to support additional development.  To accommodate the proposed development, the new facility will access the water and sanitary services currently utilized by the existing building.  Once the new facility is operational, the services to the old building will be transferred to the new facility, and the old building will be decommissioned, therefore no additional sanitary loads will be required.  As a condition of the Hold (H) removal on the existing building, any redevelopment of the decommissioned building, or any new development will be required to obtain servicing from Highway #7, once available.  In the interim, the owner will be required to participate in a Developers Group Agreement and commit to their share of the up-front cost of construction of the sanitary sewer along Highway #7 East as a permanent servicing solution. 

 

A noise and railway vibration analysis has been submitted

The applicant has submitted an updated noise study by Valcoustics Canada, which is considered satisfactory by the consultant retained by the Town for peer review.  A condition shall be included in the site plan agreement to review the acoustic requirements upon finalization of the building plans.  In addition, the exterior building components will be designed to ensure that the indoor noise environment will be in compliance with the Ministry of the Environment and Energy (MOEE) guidelines. 

 

Stormwater management and water quality

The applicant is proposing to connect to a proposed storm sewer on Highway #7 East in the future, which will require approval from the Region of York.  In addition, the applicant will be required to provide on-site quality control as required by the Engineering Department.  The applicant may be required to contribute to downstream stormwater quantity and quality control retrofit projects or provide the equivalent stormwater quality control on-site.

 

Finalization of the area specific development charges is pending

There is no area specific development charge by-law in effect at this time.  The owner will be required to pay contributions towards local services benefiting this property.  This financial contribution by the owner will be secured through the site plan agreement, and will not be eligible for credits towards development charges (refer to recommendation condition #5).

 

The owner will be required to provide on-site stormwater quality control or cash-in-lieu for downstream upgrades.  The additional developable area is subject to Town-wide hard development charges (refer to recommendation condition #8).

 

The long-term vision for the urbanization of Highway #7 East

Town staff provided Council with a report that was endorsed on June 8, 1999, encourage a high quality “Town Centre” vision for Highway #7 East.  This vision is to create an urban boulevard with a street edge that will support a mix of commercial, residential, and institutional uses.  This urbanization includes improving the pedestrian environment in relation to safety and the interfaces of adjacent land uses.  Currently, the Town is undertaking a comprehensive strategy for the Highway #7 East corridor to address land uses, transportation, development, infrastructure and financial incentives for intensification and redevelopment of Highway #7 East and the future Markham Centre. 

 

The applicant has requested the frontage to remain as is, until services become available along Highway #7 East, at which time, the applicant has agreed to urbanize the frontage of the site.  To facilitate the redevelopment of these lands, and as a condition for the Hold (H) removal for the existing building to be redeveloped, Town staff recommends the urbanization of the lot frontage to occur once municipal services become available along Highway #7 East.  This would result in a single cost incurred by Unionville Homes Society for the redevelopment of Highway #7 East.  Consequently, the owner will be required to provide a Letter of Credit for the final urbanization of Highway #7 East (refer to recommendation condition #6).

 

Site plan and elevations are considered acceptable

The proposal will result in overall site and built form improvements to the property.  The development will be required to comply with the recommendations of the final Highway #7 Streetscape Study by providing quality urban design elements, landscape components to screen the parking lot from view, and to address the interface and connections with the existing neighbourhood.  Staff have worked in cooperation with the owner to achieve significant improvements to the site, including:

 

q       Integrating the remnant land parcel (ORC lands) into the proposed development;

q       The preservation of a number of mature trees on the existing land parcel;

q       The introduction of additional trees along Highway #7 East;

q       An enhanced master landscape plan to be phased throughout the site;

q       The inclusion of a pedestrian access from Highway #7 East;


q       Bringing the new building in proximity with Highway #7 East;

q       Providing wall materials, windows and rooflines compatible with a residential look and sympathetic to the adjacent heritage district;

q       The provision of a canopy feature at the entrance of the facility and fully glazed common block linking the residential wings at the centre of the pin-wheel layout; and

q       The establishment of a continuous masonry base treatment along the length of the elevation.

 

Urban Design staff recognizes the challenges in providing a site plan that responds to the needs of the Unionville Homes Society residents while addressing the restrictions of the current municipal servicing requirements and maintaining the existing building.  Staff is generally satisfied with the site plan and elevations for the proposed long-term care facility, and recommend approval. 

 

FINANCIAL CONSIDERATIONS:

The Ontario Realty Corporation (ORC) has agreed to release the triangular land parcel fronting onto Highway #7 East, just west of the GO Transit tracks to the Town of Markham for a nominal fee and administration costs.  In turn, Town of Markham will convey the land to the Unionville Homes Society for the purposes of this development.  Upon completion of the land transfer, the Unionville Homes Society agreed to reimburse the Town for any administrative costs associated with this transaction.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications were circulated to internal departments and external commenting agencies.  All comments and/or requirements have been reflected in the site plan and elevations or will be incorporated in the final site plan and in the site plan agreement.

 

GO Transit

While it is anticipated that future track construction requirements should not encroach upon private property, the provision of future all-day GO rail service along the Markham/Stouffville/Uxbridge line has been identified as potentially requiring double tracking of the rail corridor.  If the Highway #7 East and rail intersection remains at its current elevation, GO Transit does not anticipate the need for additional property and/or supporting track structures. 

 

However, if in the future, a municipal/regional decision is made to construct a grade separation, consideration will be given to building a retaining wall on the west side of the rail corridor, which would eliminate the need to acquire additional property from the site.  If this cannot be accommodated, additional property may be required on both sides of the corridor in this area to accommodate the tracks.  As condition of site plan approval, the applicant will be required to provide for the corridor widening, anticipated to be an additional 3-4 metres on each side of the corridor, subject to further studies to determine actual land requirements. 

 

Region of York has approved site access to Highway #7 East

The Region of York Transportation and Works Department has reviewed the revised site plans and has no objection to its approval.  However, the Region of York is currently undertaking an Environmental Assessment for the future Rapid Transit Corridor along the Highway #7 alignment.  Should this section of Highway #7 East be identified as the preferred route for the proposed transit way, all left turn movements may be consolidated at key intersections, which may impact the access movements at this location.

 

The Region has also identified this area for a potential road widening along the frontage of Highway #7 East.  Should the Region require the lands for a road widening, the owner will be required to convey the lands, free of all costs and encumbrances.

 

CONCLUSIONS:

The Unionville Homes Society has served York Region and the Markham community since 1967, as a financially viable, not-profit organization.  They provide up-to-date medical care facilities for the elderly that is beneficial to their residents, their families and to the local community.  These amendments represent an important opportunity for the Markham community and staff recommends approval of the zoning by-law amendments and site plan application subject to the conditions contained within this report.

 

 

 

 

David Clark

Town Architect

 

Alan Brown, C.E.T.

Director of Engineering

 

 

 

 

 

 

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

Director of Planning & Urban Design

 

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

Commissioner of Development Services

 

DOCUMENT:

Q:\Development\Planning\APPL\SITEPLAN\00241797 Unionville homes\DSCJune3-2003.doc

 

ATTACHMENTS:

Figure 1:           Location Map

Figure 2:           Context/Zoning Map

Figure 3:           Aerial Photograph

Figure 4:           Site Plan

Figure 5:           Elevations

Figure 6:           Elevations

 

APPLICANT: Contact:  Mr. Stuart Watson

Unionville Homes Society

4300 Highway #7 East

Unionville, Ontario   L3R 1L8

Telephone:  905-201-9516   Fax:  905-201-1380

 

AGENT:                     Contact:  Mr. Edward Applebaum, Associate

Montgomery Sisam Architects Inc.

35 Britain Street

Toronto, Ontario   M5A 1R7

                                    Telephone:  416-364-8079   Fax:  416-364-7723

 

 

Figure 1:  Location Map