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

SUBJECT: RECOMMENDATION REPORT

Flato Management Inc.

Zoning By-law Amendment and Draft Plan of Subdivision

Applications to permit 13 residential single detached lots

201 & 207 Helen Avenue

South Unionville Planning District

File Nos.: ZA 06 134709 & SU 06 134653

PREPARED BY: Stacia Muradali, ext. 7922

Project Planner, Central District

RECOMMENDATION:

That the recommendation report entitled “Flato Management Inc. Zoning By-law Amendment and Draft Plan of Subdivision applications to permit 13 residential single detached lots at 201 & 207 Helen Avenue” (ZA 06 134709 & SU 06 134653) be received;

That the record of the Public Meeting held on June 19, 2007, regarding the proposed draft plan of subdivision and implementing zoning, be received;

That the draft plan of subdivision, 19TM-06014 (SU 06 134653), proposed by Flato Management Inc., for 13 residential single detached lots located at 201 & 207 Helen Avenue, be approved subject to the conditions outlined in Appendix ‘A’;

That the zoning application (ZA 06 134709), to amend By-laws 304-87, as amended and 177-96 as amended, to implement draft plan of subdivision 19TM-06014 (SU 06 134653), be approved and the implementing Zoning By-laws attached as Appendix ‘B’ be enacted;

That the Owner provides written confirmation from the South Unionville Planning District Developers Group Trustee that servicing allocation is available for 13 single detached units;

That Flato Management Inc. be granted servicing allocation for 13 single detached units, such allocation to be taken from the total current allocation for the South Unionville Planning District;

That the Town reserves the right to revoke or re-allocate such servicing allocation at its sole discretion, should development not proceed in a timely manner;

That the Region of York be advised accordingly regarding the servicing allocation for this development;

That the applicant provide the Town with the required payment of 30% of the subdivision processing fees in accordance with the Town’s Fee By-law (2007-15);

And further that the draft plan approval for plan of subdivision 19TM-06014 will lapse after a period of three years commencing September 4, 2007, in the event that a subdivision agreement is not executed within that period.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

PURPOSE:

The purpose of this report is to recommend approval of the proposed draft plan of subdivision (19TM-06014) and implementing zoning by-laws for Flato Management Inc. for a plan of subdivision consisting of 13 single detached dwellings.

BACKGROUND:

Site location description and area context

The subject lands, consisting of 0.461 hectares (1.14 acres) are located between Helen Avenue and Peshawar Avenue, west of Romer Gate, within the South Unionville community (Figure 1). The surrounding lands are currently being developed with similar size lots which were created through comparable zoning by-law amendments and plans of subdivision.

Proposal

The applicant is proposing the creation of 13 residential single detached lots through a draft plan of subdivision and zoning by-law amendment. There will be six lots fronting onto Helen Avenue, five with 11.6m (38 ft) frontages, and one lot with a 10.5m (34 ft) frontage. Seven lots will front onto Peshawar Avenue, five of which will have lot frontages of 10m (32.8 ft) and two lots will have frontages of 9.3m (30.5 ft) (Figure 4).

The proposed development is an infill subdivision. The development of the subject lands will be consistent with the emerging pattern of development in the area.

Conformity with Secondary Plan and Community Design Plan

The lands are designated “Low Density Housing” in the South Unionville Secondary Plan (Official Plan Amendment No. 22) and “Low Density Residential” in the Community Design Plan. The proposed thirteen single detached dwellings are consistent with the policies in the Secondary Plan and Community Design Plan.

Zoning By-law amendment required

The subject lands are currently zoned Rural Residential One (RR1) (Figure 2). A zoning by-law amendment is required to delete the lands from By-law 304-87, and to incorporate the lands into the Town’s Urban Expansion By-law 177-96, as amended. The applicant has requested that the lands be re-zoned to R2*31 (Residential Two). This zone category contains development standards consistent with those applied to similar lots on adjacent lands within the South Unionville area. The Community Design Plan envisioned larger lots abutting Helen Avenue, and smaller lots fronting on Peshawar Avenue.

Plan of Subdivision required

A Plan of Subdivision is required to create the proposed thirteen residential single detached lots (Figure 4). There are no lands which are required to be conveyed to the Town for public purposes. Helen Avenue and Peshawar Avenue have already been constructed and there is no need for any additional streets to be constructed to accommodate the proposed development.

OPTIONS/ DISCUSSION:

Servicing Allocation

This development will require servicing allocation for thirteen units. Servicing allocation for these thirteen units is available from the 86 units currently assigned to the South Unionville Planning District. Written confirmation that servicing allocation is available will be required from the South Unionville Planning District Developers Group Trustee.

Developers’ Group Obligations

The applicant is signatory to the Developers’ Group Agreement for the South Unionville Secondary Plan area. As a condition of draft approval, the applicant will be required to provide a letter from the Trustee advising that the applicant has made arrangements to satisfy all obligations related to this plan, financial or otherwise, as set out in the Developers’ Group Agreement.

Studies required

The applicant has submitted an Environmental Site Assessment, Environmental Noise Analysis and Tree Inventory and Preservation Plan for review and approval by staff. Prior to final approval of the draft plan, a Functional Servicing Report to determine the infrastructure required for all municipal services internal to the subdivision is required. Any revisions resulting from these studies shall be incorporated into the draft plan and provided for in the subdivision agreement.

Public Meeting held June 19, 2007

A public meeting was held on June 19^th, 2007 to consider the proposed Zoning By-law Amendment and Plan of Subdivision applications. There were no speakers or concerns raised at the meeting. One written submission was received from Glen Baron, the owner of 251 Helen Avenue expressing that he had no concerns with the applications.

FINANCIAL TEMPLATE (external link):

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

A tree inventory and preservation plan is required.

ACCESSIBILITY CONSIDERATIONS:

Not applicable.

ENGAGE 21^ST CONSIDERATIONS:

The proposal aligns with the corporate goal of infrastructure management, building and managing the Town’s infrastructure to meet the demands and expectations of a growing community.

BUSINESS UNITS CONSULTED AND AFFECTED:

These applications have been circulated to internal departments and to applicable external agencies for comments. All comments/requirements have been incorporated into the conditions of draft approval and/or will be incorporated into the subdivision agreement.

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

Services

ATTACHMENTS:

Figure 1: Location Map

Figure 2: Zoning and Area Context

Figure 3: Aerial Photo

Figure 4: Proposed Draft Plan of Subdivision

Appendix ‘A’: Conditions of Draft Approval

Appendix ‘B’: Draft Zoning By-laws

APPLICANT CONTACT INFORMATION:

Flato Management Inc.

Attn: Shakir Rehmatullah, President

3601 Highway 7 East

Suite 309

Markham, ON, L3R 0M3

Tel: 905-479-9292

Fax: 905-479-9165

File path: Amanda\File 06 134653\Documents\Recommendation Report

APPENDIX ‘A’

CONDITIONS OF DRAFT APPROVAL

OF THE COUNCIL OF THE TOWN OF MARKHAM

TO BE SATISFIED PRIOR TO RELEASE FOR REGISTRATION OF

PLAN OF SUBDIVISION 19TM-06014

FLATO MANAGEMENT INC.

ARE AS FOLLOWS:

1. General

1.1 Approval shall relate to a draft plan of subdivision prepared by Masongsong Associates Engineering Limited, identified as Project Number 02-082, dated August 2006, incorporating the following redline revisions:

· Any revisions necessary as a result of any studies required by the conditions of draft approval and;

· Any revisions to incorporate the requirements of the zoning by-law as approved.

1.2 This draft approval shall apply for a maximum period of three (3) years from date of issuance by the Town, and shall accordingly lapse unless extended by the Town upon application by the Owner.

1.3 The Owner shall enter into a subdivision agreement with the Town agreeing to satisfy all conditions of the Town and Agencies, financial and otherwise, prior to final approval.

1.4 The Owner acknowledges and understands that prior to final approval of this draft plan of subdivision, amendments to Zoning By-laws 304-87 and 177-96 to implement the plan shall have come into effect in accordance with the provisions of the Planning Act.

1.5 The owner shall covenant and agree that building permits shall not be sought or issued for any dwelling units within the draft plan for which a water supply allocation has not been confirmed by the Developers Group Trustee and the Town.

1.6 The Owner acknowledges and agrees that the draft plan of subdivision and associated conditions of draft approval may require revisions, to the satisfaction of the Town, (Commissioner of Development Services) to implement or integrate any recommendations resulting from studies required as a condition of draft approval.

1.7 The Owner covenants and agrees to provide, at their own expense, printed copies of the Town of Markham Home Buyers Guide, available from the Town’s website, www.markham.ca at all sales centres for distribution to potential home owners.

2. Developers Group

2.1 Prior to final approval of the draft plan, the Owner shall submit a certificate from the Trustee for the South Unionville Planning District Landowner’s Agreement indicating that satisfactory arrangements have been made to satisfy any obligations related to the plan, financial or otherwise, as set out in the South Unionville Planning District Landowner’s Agreement.

2.2 That the Owner will be required to enter into the South Unionville Developers Group to share the costs of servicing, parks, collector roads and other common elements.

2.3 Written confirmation that servicing allocation is available will be required from the South Unionville Planning District Developers Group Trustees.

3. Noise Impact Study

3.1 The Owner shall covenant and agree in the subdivision agreement to implement noise control measures and warning clauses as recommended by the approved Noise Impact Study, to the satisfaction of the Town (Commissioner of Development Services).

4. Urban Design

4.1 The Owner shall covenant and agree in the subdivision agreement to incorporate the requirements and criteria of the approved South Unionville Planning District Implementation Studies, prepared by Corban and Goode et. al into all municipal works, site plan and building permit applications within the plan of subdivision and shall make any necessary revisions to the plan of subdivision to reflect the approved studies, to the satisfaction of the Town.

4.2 The Owner shall covenant and agree in the subdivision agreement to implement the approved architectural control guidelines for South Unionville dated June 1997, prepared by Adamson and Associates and approved June 17, 1997, as amended.

4.3 Plans submitted for permits for any building within the plan of subdivision shall bear an approval stamp identifying the architectural company retained for architectural control and the signature of the control architect. The approval stamp shall certify that the floor plans, building elevations and site plans are designed in accordance with the approved architectural control guidelines.

4.4 The Owner shall ensure that the design architect for any buildings within the plan of subdivision shall not also assume the role of control architect for the plan of subdivision.

5. Tree Preservation and Landscaping

5.1 Prior to final approval of the draft plan, the Owner shall submit landscape plans based on the approved South Unionville Design Book Planning District Implementation Studies, prepared by Corban and Goode et. al., to the satisfaction of the Town. These plans are to be prepared by a qualified landscape architect in good standing with the O.A.L.A. and shall include the following:

a) street tree planting, including a minimum of one tree per residential lot with a maximum space of 12 metres between trees. The size, spacing and species selected shall be to the satisfaction of the Town (Commissioner of Development Services);

b) streetscape plan including street trees for Helen Avenue and Peshawar Avenue;

c) any other landscaping as determined by the Community Design Plan and the Environmental Master Drainage Plan.

5.2 The Owner covenants and agrees that the detailed design and construction of all landscaping shall be at no cost to the Town and in accordance with the provisions of the approved landscape plans.

5.3 The Owner shall submit an overall tree inventory and preservation plan, which has been prepared by a qualified Landscape Architect in good standing with the O.A.L.A., or a certified Arborist, to the satisfaction of the Commissioner of Development Services, prior to the execution of a subdivision agreement for any portion of the draft plan of subdivision. The tree preservation plan shall be based on information taken from a registered survey plan, showing the exact location of the trees to be preserved, location of protective hoarding, final grading, proposed municipal services and utilities, and conceptual building envelopes and driveway locations.

5.4 The Owner shall covenant and agree in the subdivision agreement that the Owner shall prepare and submit site grading/tree preservation plans, with respect to trees to be preserved on any portion of the plan of subdivision, showing the location of buildings and structures to be erected and proposed municipal services and utilities in that area, in accordance with the approved Tree Preservation Plan for the approval of the Town (Commissioner of Development Services) prior to the issuance of building permits.

5.5 The Owner shall covenant and agree in the subdivision agreement to obtain written approval of the Town prior to the removal of any trees within the area of the draft plan.

5.6 The Owner shall covenant and agree that provision shall be made in the subdivision agreement for a letter of credit, in an amount to be determined by the Town, to ensure compliance with applicable tree preservation, fencing, streetscape, buffer and other landscaping requirements.

5.7 The Owner shall covenant and agree in the subdivision agreement to prohibit all builders from imposing an extra charge to home purchasers for the items listed in Condition 5.1.

5.8 Prior to final approval of the draft plan, the Owner shall submit landscape plans for the Urban Design review which will be incorporated into the final engineering design for this subdivision.

6. Parks and Open Space

6.1 As security for the Owner’s pro rata share of overall parkland in South Unionville, the Owner authorizes the Town to draw on any letter of credit files, to the value of any parkland deficiency as determined by the Town, which amount may be drawn at any point in time to be determined at the sole discretion of the Town and when so drawn shall be deemed to be cash-in-lieu of parkland.

7. Municipal Services

7.1 The Owner shall acknowledge and agree in the subdivision agreement that final approval of the draft plan shall be subject to adequate sanitary sewer capacity and water supply being allocated to the subdivision by the Town.

7.2 Prior to final approval of the draft plan, the Owner shall prepare, to the satisfaction of the Town (Commissioner of Development Services), a Functional Servicing Report to determine the infrastructure required for all municipal services internal to the subdivision. Any requirements resulting from this Report shall be incorporated into the draft plan and provided for in the subdivision agreement.

7.3 The Owner shall acknowledge and agree in the subdivision agreement that building permits will not be issued until the Director of Building Services has been advised by the Director of Engineering that water, sewage treatment, utilities and roads satisfactory to the Director of Engineering are available to the lands, except that building permits may be issued for model homes upon terms and conditions established by the Town (Commissioner of Development Services).

7.4 The Owner shall covenant and agree in the subdivision agreement that they shall be required to construct, or pay for the construction of, roads, bicycle lanes, curbs, gutters, sidewalks (in accordance with the applicable Council policy), underground and above ground services, street lights, street signs, utilities, stormwater management facilities, etc., to the satisfaction of the Town (Commissioner of Development Services).

7.5 Prior to final approval of the draft plan, detailed engineering drawings shall be provided by the Owner which will include, but not be limited to grading control plans, plan and profile drawings of all underground and aboveground services, general plans, drainage plans, composite utility plans, stormwater management detail plans, etc. to the satisfaction of the Town (Commissioner of Development Services).

7.6 The Owner shall acknowledge and agree in the subdivision agreement that building permits will not be issued for lands in any stage of development within the draft plan of subdivision until the Director of Building Services has been advised by the Fire Chief that there is an adequate water supply for firefighting operations and acceptable access for firefighting equipment is available.

7.7 The Owner shall provide the Town of Markham, a clearance letter from the Trustee for the South Unionville Developer’s Group that the Owner has paid their proportionate share for all external services oversized for this development.

7.8 The Owner shall covenant and agree to pay for the relocation of existing service connections on abutting roads owned by the Town and for the relocation of any infrastructure within the abutting roads to the satisfaction of the Director of Engineering.

7.9 The Owner shall pay for and construct all internal municipal sanitary sewers in accordance with the Master Servicing Plan for the South Unionville Secondary Plan Area, to the satisfaction of the Town.

8. Community Design Plan

8.1 The Owner shall covenant and agree in the subdivision agreement to incorporate the requirements and criteria of the approved South Unionville Planning District Implementation Studies, prepared by Corban and Goode et. al. into all municipal works, site plan and building permit applications within the plan of subdivision.

9. Easements

9.1 The Owner shall grant required easements to the appropriate authority for public utilities, drainage purposes or turning circles, upon registration of the plan of subdivision. Any off-site easements and works necessary to connect watermains, storm and sanitary sewers to outfall trunks and stormwater management facilities shall be satisfactory to, and dedicated to, the Town.

10. Utilities

10.1 The Owner shall covenant and agree in the subdivision agreement that hydro electric, telephone, gas and television cable services, and any other form of telecommunication services shall be constructed at no cost to the Town as underground facilities within the public road allowances or within other appropriate easements, as approved on the Composite Utility Plan, to the satisfaction of the Town (Commissioner of Development Services) and authorized agencies.

10.2 The Owner shall covenant and agree in the subdivision agreement to enter into any agreement or agreements required by any applicable utility companies, including Power Stream, Enbridge Gas, telecommunications companies, etc.

10.3 The Owners shall covenant and agree in the subdivision agreement to facilitate the construction of Canada Post facilities at locations and in manners agreeable to the Town of Markham in consultation with Canada Post, and that where such facilities are to be located within public rights-of-way they shall be approved on the Composite Utility Plan and be in accordance with the Community Design Plan.

10.4 The Owners shall covenant and agree in the subdivision agreement to include on all offers of purchase and sale a statement that advises prospective purchasers that mail delivery will be from a designated Community Mailbox. The Owners will further be responsible for notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sale.

10.5 The Owners shall covenant and agree in the subdivision agreement to provide a suitable temporary Community Mailbox location(s), which may be utilized by Canada Post until the curbs, sidewalks and final grading have been completed at the permanent Community Mailbox locations. This will enable Canada Post to provide mail delivery to new residents as soon as homes are occupied.

10.6 Standard Community Mailbox installations are to be done by Canada Post at locations approved by the municipality and shown on the Composite Utility Plan. Should the developer propose an enhanced Community Mailbox installation, any costs over and above the standard installation must be borne by the developer, and be subject to approval by the Town in consultation with Canada Post.

10.7 The Owner covenants and agrees that it will permit any telephone or telecommunication service provider to locate its plant in a common trench within the proposed subdivision prior to registration provided the telephone or telecommunications services provider has executed a Municipal Access Agreement with the Town. The Owner shall ensure that any such service provider will be permitted to install its plant so as to permit connection to individual dwelling units within the subdivision as and when each dwelling unit is constructed.

10.8 Prior to release for registration of any phase of the draft pan, the Owner shall prepare an overall utility distribution plan (Composite Utility Plan), if required by the Town, to the satisfaction of the Town and all affected authorities.

10.9 The Owner shall agree in the Subdivision Agreement, in words satisfactory to Bell Canada, any easements that may be required for telecommunication services. Easements may be required subject to final servicing decision.

10.10 The Owner shall be requested to enter into agreement (Letter of Understanding) with Bell Canada if required, complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the Owner shall advise the municipality of the arrangement made for such servicing.

10.11 The Owner shall covenant and agree in the subdivision agreement to consult with all utility companies and to satisfy all of their conditions.

10.12 The Owner acknowledges that prior to commencing any work within the draft plan, the Owner must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide wire-line communication/telecommunication infrastructure. In the event that such infrastructure is not available, the Owner is hereby advised that the Owner may be required to pay for the connection to and/or elects not to pay for such connection to and/or extension of the existing wire-line communication/telecommunication infrastructure, the Owner shall be required to demonstrate to the municipality that sufficient alternative wire-line communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of wire-line communication/telecommunication services for emergency management services (i.e 911 Emergency Services).

11. Development Charges

11.1 The Owner covenants and agrees to provide written notice of all development charges related to the subdivision development, including payments made and any amounts owing, to all first purchasers of lands within the plan of subdivision at the time the lands are transferred to the first purchasers.

11.2 The Owner shall pay all fees and development charges which will finalized at the subdivision agreement stage.

11.3 The Owner covenants and agrees to pay all recoveries or provide a clearance letter(s) from the Developer(s) up-fronting the cost for their proportionate share of previously constructed servicing/infrastructure for this area to the satisfaction of the Town (Commissioner of Development Services).

11.4 The Owner covenants and agrees that these lands are contained within Areas 42A &

42A-1 of the Area Specific Development Charges By-laws 2004-233 & 2003-182 and as such are subject to payment of development charges due to the reconstruction of Helen Avenue to a full urban section including all underground municipal services.

11.5 The applicant will be required to enter into the South Unionville Developers’ Group Agreement and fulfill all obligations, financial and otherwise, therein.

11.6 Fees and recoveries assessed to these lands will be finalized at the subdivision agreement stage and shall include the following recovery:

(a) Recovery to Freehold Building Corporation for construction of the 400mm watermain on Unionville Gate in the amount of $656.20/ha.

11.7 The Owner shall covenant and agree in the subdivision agreement to pay $100.00 per unit as their proportionate share for the cost of the Highway 48 Flow Control System which is required to create the sanitary sewer capacity for this project.

11.8 Prior to final approval of the draft plan or any phase thereof, the Owner shall enter into a Developers’ Group agreement, or alternative agreement, to ensure the provision of community and common facilities such as school sites, municipal services, parks and public roads in the South Unionville Secondary Plan area, to the satisfaction of the Town (Commissioner of Development Services and Town Solicitor). A certificate confirming completion of such agreement(s) shall be provided to the Town by the Developers’ Group Trustee to the satisfaction of the Town Solicitor.

12. Phase 1 Environmental Assessment

12.1 Prior to final approval of the draft plan, the Owner shall submit a Phase 1 Environmental Site Assessment (ESA) report prepared by a professional engineering consultant or equivalent, in accordance with MOEE guidelines or other guidelines as appropriate, to the satisfaction of the Town. The required decommissioning of existing wells and septic systems within the subdivision are to be addressed in the ESA report.

13. Heritage

13.1 Prior to final approval of the draft plan of subdivision or any phase thereof, the Owners shall carry out a cultural heritage resource assessment for the lands within the draft plan to ensure the assessment and identification of appropriate treatment of built heritage and archaeological resources, and further to mitigate any identified adverse impacts to significant heritage resources to the satisfaction of the Town (Commissioner of Development Services) and the Ministry of Culture. No demolition, grading, filling or any form of soil disturbances shall take place on the lands within the draft plan prior to the issuance of a letter from the Ministry of Culture to the Town indicating that all matters relating to heritage resources have been addressed in accordance with licensing and resource conservation requirements.

13.2 The Owner shall covenant and agree in the subdivision agreement to implement any measures recommended by the heritage resource assessment, to the satisfaction of the Town and the Ministry of Culture.

13.3 The Owner shall immediately notify the Ministry of Citizenship, Culture and Recreation should archaeological remains be found on the property during construction activities. The Owner shall also immediately notify the Ministry of Citizenship, Culture and Recreation Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Commercial Relations if human remains are encountered during construction. The Owner shall also agree to the inclusion of the above requirements in the subdivision agreement.

14. Other Town Requirements

14.1 The Owner acknowledges and agrees that firebreak lots within the draft plan shall be designated in the subdivision agreement, to the satisfaction of the Fire Chief. The Owner shall provide a letter of credit in an amount to be determined by the Fire Chief at the subdivision agreement stage to ensure compliance with this condition.

14.2 Access for fire-fighting equipment shall be acceptable to the Fire Chief or his designee.

14.3 The adequacy and reliability of water supplies for firefighting purposes are subject to review and approval of the Fire Chief or his designee.

14.4 The Owner shall covenant and agree in the subdivision agreement to include warning clauses in agreements of purchase and sale for all units with single car garages advising purchasers of the following:

· the Town’s parking by-law requires a minimum of two parking spaces, one in the driveway and one in the garage

· the Town’s zoning by-law restricts the width of the driveway to a maximum of 3.5 metres, this width does not allow two cars to park side by side

· overnight street parking will not be permitted unless an overnight street parking permit system is implemented by the Town

14.5 The Owner shall agree in the subdivision agreement that upon application for occupancy permits, to purchase and collect from the Town a sufficient number of recycling containers and associated educational material to provide to each purchaser in order that they may participate in a recycling program. The Owner shall ensure that the containers and educational materials are deposited in each home on or before the day of closing and the Owner agrees to pay the Town the cost of the containers to be specified in the subdivision agreement. The Owner agrees to collect from the Town all required containers at one time, and that all containers shall be provided to the purchasers at the same cost as paid to the Town. The Town covenants and agrees to provide at no cost to the Owner all educational materials necessary to enable the purchaser to participate in a recycling program.

14.6 In the event that the Plan of Subdivision is registered prior to the Release for Construction Services, the Owner agrees prior to the Registration of the Plan of Subdivision to post all required financial securities for delivering municipal services.

14.7 In the event that the Plan of Subdivision is registered prior to the Release for Construction Services, the Owner agrees and acknowledges that any changes to the engineering drawings are to be approved by the Engineering Department who may, at their sole discretion acting reasonably, require the consent of any subsequent Owner of lands affected by the changes to the engineering drawings.

14.8 That the owner updates the Environmental Noise Analysis dated March 21, 2003 entitled “Swallows Nest, Helen Avenue- Ph 4” prepared by Valcoustics, to the satisfaction of the Director of Engineering, prior to finalizing the draft plan of subdivision. The recommendations from the study are to be incorporated in the Engineering Drawings and warning clauses into the subdivision agreement.

14.9 Sidewalks are to be constructed in accordance with the Town’s latest sidewalk policy and shall be finalized at the design stage.

14.10 The applicant will be required to provide and submit a Site Alteration Plan in accordance with the Town’s Standards and in coordination with the Tree Preservation Plan and implement all the recommendations and requirements as approved by the Town prior to proceeding with any on-site works and more particularly topsoil stripping.

15. Region of York

15.1 Prior to final approval of the draft plan of subdivision the Region shall confirm that adequate water supply capacity and sewage treatment capacity are available and have been allocated by the Town of Markham for the development proposed within this draft plan of subdivision or any phase thereof.

15.2 Prior to final approval the Owner shall provide a signed copy of the subdivision agreement to the Regional Planning and Development Services Department.

APPENDIX ‘B’

Explanatory Note:

By-law No. 2007-XXXX

A By-law to amend By-law 304-87, as amended.

201 and 207 Helen Avenue

Part of Lot 10 on Plan 2196

South Unionville Planning District

LANDS AFFECTED

This proposed By-law amendment applies to a 0.461 hectare (1.14 acre) parcel of land municipally known as 201 and 207 Helen Avenue within the South Unionville Planning District.

EXISTING ZONING

The lands are zoned Rural Residential One (RR1) under By-law 304-87, as amended. The subject lands are to be deleted from the designated area of By-law 304-87, as amended.

PURPOSE AND EFFECT OF THIS BY-LAW

The purpose of this By-law amendment is to delete the subject lands from the designated area of By-law 304-87. The subject lands will be incorporated within the designated area of By-law 177-96, as amended, and zoned R2*31.

The effect of this By-law is to permit the development of the subject lands for thirteen (13) single detached dwellings.

BY-LAW 2007-XXXX

A By-law to amend By-law 304-87, as amended,

THE COUNCIL OF THE CORPORATION OF THE TOWN OF MARKHAM HEREBY ENACTS AS FOLLOWS:

1. By-law 304-87, as amended, is hereby further amended by deleting the lands identified as Part of Lot 10 on Plan 2196, Concession 6 as shown on Schedule ‘A’ attached hereto from the designated area of By-law 304-87, as amended.

2. This By-law shall not come into effect until By-law 2007-XXXX amending By-law 177-96, as amended, comes into effect, and the lands as shown on Schedule ‘A’ attached hereto, are incorporated into the designated area of By-law 177-96, as amended.

3. All other provisions of By-law 304-87, as amended, not inconsistent with the provisions of this By-law

READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS ____ DAY OF ______ 2007.

_______________________ _______________________

SHEILA BIRRELL FRANK SCARPITTI

TOWN CLERK MAYOR

Explanatory Note:

By-law No. 2007-XXXX

A By-law to amend By-law 177-96, as amended.

201 and 207 Helen Avenue

Part of Lot 10 on Plan 2196

South Unionville Planning District

LANDS AFFECTED

This proposed By-law amendment applies to a 0.461 hectare (1.14 acre) parcel of land municipally known as 201 and 207 Helen Avenue within the South Unionville Planning District.

EXISTING ZONING

The lands subject to this By-law are zoned Rural Residential One (RR1) under By-law 304-87, as amended.

PURPOSE AND EFFECT OF THIS BY-LAW

The purpose of this By-law amendment is to incorporate the subject lands into By-law 177-96, as amended, and to establish an appropriate zoning designation (R2*31) to permit the development of thirteen (13) single detached residential dwellings.

BY-LAW 2007-XXXX

A By-law to amend By-law 177-96, as amended.

THE COUNCIL OF THE CORPORATION OF THE TOWN OF MARKHAM HEREBY ENACTS AS FOLLOWS:

1. By-law 177-96, as amended, be and the same is hereby amended as follows:

1.1 By expanding the designated area of By-law 177-96, as amended, to include those lands comprising Part of Lot 10, Plan 2196, as outlined on Schedule ‘A’ attached hereto.

1.2 By zoning the lands:

Residential Two *31 (R2*31)

as shown on Schedule ‘A’ attached hereto.

2. All other provisions of By-law 177-96, as amended, not inconsistent with the provisions of this By-law shall continue to apply.

READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS ____ DAY OF

_________, 2007.

________________________ _______________________

SHEILA BIRRELL FRANK SCARPITTI

TOWN CLERK MAYOR