Report to: Development Services Committee Report Date: March 18, 2008

SUBJECT: RECOMMENDATION REPORT - Application by 1547155 Ontario Ltd. for Site Plan Approval to permit a 46 unit residential condominium with grade-level retail at 7751 Yonge Street, southeast corner of Yonge Street and Thornhill Summit Drive – Thornhill Heritage Conservation District

(File No. SC 06 135980)

PREPARED BY: Ron Blake, Development Manager, West District Team

RECOMMENDATION:

THAT the site plan application (SC 06 135980) submitted by 15471255 Ontario Ltd. dated February 21, 2008, to permit a 46 unit residential condominium with grade-level retail at 7751 Yonge Street, be endorsed in principle subject to the general and specific conditions set out in Appendix ‘A’;

THAT staff be directed to request the Ontario Municipal Board to approve the conditions of site plan approval set out in Appendix A; and to delegate final site plan approval to the Director of Planning and Urban Design or her designate, subject to those conditions;

AND THAT staff be authorized to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

The subject lands are located in the Thornhill Heritage Conservation District at the south east corner of Yonge Street and Thornhill Summit Drive, and formerly served as the site for the Thornhill Post Office. The post office closed several years ago and the building has since been occupied by a variety of transitory retail and commercial uses.

Initially, as part of the Official Plan and Zoning By-law Amendment applications, plans for a 7 storey building were submitted. In December 2006, the owner submitted a formal application for site plan approval proposing a 5 storey condominium on Yonge Street with grade related retail and a 4 storey all residential wing along the Thornhill Summit Drive frontage. Parking was to be provided in an underground garage, and in a surface parking area behind the proposed buildings. This site plan was subsequently appealed to the Ontario Municipal Board by the owner, so that it could be consolidated with the Owner’s earlier appeals of the associated applications for Official Plan and Zoning By-law Amendment.

In April 2007, Council adopted a resolution that the revised Heritage Conservation District Plan must reflect the maximum 12 m height limit on Yonge Street established in the 1986 Plan. The revised Heritage Conservation District Plan was adopted in June 2007, and revisions to the Thornhill Yonge Street OPA were adopted by Council in September 2007, with a revised 12m height limit on Yonge Street and deletion of bonusing policies (OPA 167).

Recent discussions between the owner, Town staff, and local residents, have led to a revised site plan and elevations, which resolves most of the concerns associated with the December 2006 site plan application. The revised site plan complies with the 12 m height limit on Yonge Street; reduces the height of the townhouse units fronting Thornhill Summit Drive to 3 storeys; relocates the driveway entrance, underground parking ramp and underground parking ventilation shafts to reduce noise impacts on the residential property to the south; and proposes 3 townhouse units on the Eliza Street frontage to provide “eyes on the street”. The owner of the residential property to the south, who had appealed the proposed redevelopment to the OMB, has now withdrawn his appeal.

There are only a few remaining matters raised by staff and the area residents that have not been directly addressed in the revised site plan, due to the constraints imposed by limited site area; the extensive excavations required to accommodate an underground parking garage; and the desire to accommodate other competing objectives, such as townhouses with direct frontage on Eliza Street. Specifically, these matters include preservation of existing vegetation on the site, and providing a wider landscape screening area where the surface parking lot abuts Eliza Street. Staff have worked with the applicant to develop alternative strategies to mitigate the loss of existing vegetation, which will provide important benefits to the Town and local community, including:

• Enhanced landscaping on the residential property to the south, to be installed by the applicant;
• A public seating/amenity area on the Thornhill Summit Drive right of way adjacent to the north end of Eliza Street, which will incorporate large mature vegetation, a hard surfaced seating area, and will be installed by the applicant and maintained by the future condominium corporation;
• Provision of street trees on the northern boulevard of Thornhill Summit Drive opposite the subject site;
• Additional planting along Eliza Street to screen the parking area.

Staff recommend that the Development Services Committee endorse in principle the application for site plan approval, subject to the conditions set out in Appendix ‘A’ attached; and that staff be directed to request the Ontario Municipal Board to approve the conditions of site plan approval and to delegate final site plan approval to the Director of Planning and Urban Design or her designate.

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

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

PURPOSE:

The purpose of this report is to provide background information and set out approval conditions for a proposed multiple unit residential development with at-grade retail at 7751 Yonge Street.

BACKGROUND:

Property and Area Context

The subject property is located at the south east corner of Yonge Street and Thornhill Summit Drive. The former Thornhill Post Office building is located on the site. The existing building has accommodated a variety of temporary retail uses since the post office closed several years ago. The site covers an area of 3,529 m² (37,987 sq. ft.). Surrounding uses include low rise commercial buildings fronting Yonge Street to the north and south of the property, and a predominance of single family dwellings to the east and south east of the property. A high rise apartment building is located to the north of the subject site.

The subject property is located within the Thornhill Village Heritage Conservation District which extends on both sides of Yonge Street. The post office building currently located on the property, built in 1975, is not identified as a heritage structure.

Application for site plan approval submitted and appealed to OMB

In December 2006, the owner submitted an application for site plan approval for a 53 unit residential condominium consisting of the following elements (see Figures 4 and 5):

§ A 53 unit, 5-storey residential condominium along Yonge Street (5^th floor set back approximately 2 m from the main building wall on the east and west sides of the building) with at-grade retail and commercial fronting Yonge Street;

§ A 4-storey residential wing fronting Thornhill Summit Drive, consisting of 2 storey townhouse units directly accessing the street, and 2 storeys of residential apartments with internal corridor access above;

§ Publicly accessible outdoor amenity space along the Eliza Street frontage of the property;

§ Parking provided in an underground garage and a surface parking area in the interior of the site.

The owner appealed this application to the OMB in January 2007, so that it could be consolidated with the owner’s earlier appeals of the Official Plan and Zoning By-law Amendments which were submitted in January 2005 and appealed by the owner to the OMB in August 2005. A consolidated hearing for all three applications has been scheduled for the Spring of 2008.

Community information meetings held

In March 2007 and January 2008, the Ward Councillor hosted community information meetings to provide residents with an opportunity to comment on the evolving site plan proposal. At these meetings, a number of residents expressed concerns about the December 2006 site plans. A summary of these concerns and how they have been addressed, is set out in the discussion section of this report.

Applicant has submitted revised site plan

Since late 2007, the parties have been working to develop a revised site plan which will address matters raised by the applicant, the Town and surrounding residents. Since January 2008, the applicant has presented several revisions to the site plan, in order to further this goal. The site plan, elevations and conceptual landscape plan presented in this report (see Figures 6 and 7) and submitted to the Town February 21, 2008, propose:

§ a 46 unit residential condominium with direct continuous frontage on Yonge Street, Thornhill Summit Drive, and the northern half of the Eliza Street frontage of the site;

§ a 4 storey (12 metres) high wing along Yonge Street, with at-grade, pedestrian and street-oriented retail;

§ A second, all-residential wing extending along the Thornhill Summit Drive frontage, which includes:

• an archway for vehicular access to the internal surface parking area and the underground garage,
• a lobby for the residential apartments located immediately east of the archway, and
• a three-storey wing extending east of the lobby. This wing incorporates two storey townhouses with front-door access onto Thornhill Summit Drive and third storey apartment units accessed from an internal corridor connecting directly to the main wing of the condominium fronting Yonge Street.

§ A similar three storey wing fronting the northern half of the Eliza Street frontage of the site;

§ A mix of surface parking (22 spaces) for retail customers and visitors and underground parking (83 spaces) for residents and retail proprietors, providing a total of 105 spaces. The parking by-law requires 99 spaces. The surface parking area is hidden from view from Yonge Street and Thornhill Summit Drive by the proposed condominium buildings. The ramp to the underground garage has been relocated from the south wall of the Thornhill Summit Drive wing to a stand-alone location adjacent to the southern boundary of the property.

§ Extensive landscaping along the road frontages of the site, including enhanced streetscape treatment along the Yonge Street frontage of the property which meets the intent of the Thornhill Yonge Street Study; a landscaped public amenity and seating area within the Thornhill Summit right of way adjacent to Eliza Street; and enhanced landscaping and streetscape improvements along the Eliza Street frontage, including landscape material to provide screening where the surface parking area abuts Eliza Street.

§ Relocation of the access driveway to a point 33 metres east of the Yonge Street intersection with Thornhill Summit Drive, with potential for the north-south access driveway to be extended into the property to the south, when that property redevelops, to provide continuous right of way cross easements between the properties.

DISCUSSION

Latest Site Plan complies with revised Official Plan policies

In April 2007 Council passed a resolution that the 2006 Thornhill Markham Heritage Conservation District Plan should maintain the direction and wording of the 1986 Heritage Conservation District Plan with respect to building heights on Yonge Street. The 1986 Plan restricted maximum building height. along Yonge Street to the height of the St. Vladimir Church Steeple (12 meters). Staff were directed to remove any provisions relating to additional height bonusing from the Heritage Conservation District Plan.

In accordance with Council’s direction, staff revised the recommendations of the Thornhill Heritage Conservation District Plan and also prepared a revised Official Plan Amendment for the Thornhill Yonge Street Corridor which restricted maximum building heights on Yonge Street to 12 m. The Heritage District Conservation Plan was adopted by Council in June 2007 and the revised Official Plan amendment was adopted by Council in September 2007 as OPA 167.

The revised site plan, which shows a reduction in building height from 5 storeys to 4 storeys, with a maximum height of 12 metres measured between the sidewalk elevation and the roof of the building along the Yonge Street frontage, generally complies with the intent of OPA 167. While the mechanical penthouse extends above the 4^th floor in a small area, these facilities are typically exempt from zoning by-law height provisions, and staff are of the opinion that it complies with the intent of OPA 167. Staff will continue to work with the applicant to ensure that the colour and cladding of the mechanical penthouse minimizes its visual impact.

Zoning By-law Amendment required

The subject lands are zoned Community Commercial by By-law 2237. Permitted uses within this zone include a variety of commercial, retail and service uses. Residential uses are not permitted and an amendment to the zoning by-law is required. The owner filed an application for Zoning By-law Amendment in January 2005, and appealed the application to the Ontario Municipal Board in August 2005.

Site plan incorporates a variety of sustainability features

These include:

§ Installation of water-conserving fixtures in residential suites and commercial areas to reduce water consumption;

§ Selection of drought and salt tolerant landscape material to reduce irrigation requirements;

§ Recycling stored rain water for irrigation purposes;

§ Incorporating three-stream waste management system in the building;

§ Promoting intensification along a Regional Corridor in a manner that is compatible with the surrounding heritage district;

§ Provision of a secure bicycle storage area;

§ Transit and pedestrian supportive elements include a mix of residential and commercial uses; grade-related retail on Yonge Street; intensification in an area well served by transit; locating parking areas away from primary street frontages.

Majority of neighbouring property owners’ concerns addressed in revised site plan

Members of the community expressed a number of concerns with earlier versions of the site plan at the March 2007 and January 2008 Community Information Meetings. The concerns of the community and how the most recent site plan addresses those concerns are set out in the table below:

Community Concerns with December 2006 Site Plan:	Addressed in February 21, 2008 Site Plan through:
§ Height of the building exceeds the 12 m height limit established in the Thornhill Markham Heritage Conservation District Plan and the revised official plan amendment (OPA 167)	§ Building height along the Yonge Street frontage reduced from 5 to 4 storeys § Compliance with the 12 m maximum building height along the Yonge Street frontage
§ Height of the townhouses fronting Thornhill Summit Drive will result in loss of privacy and amenity in the back yard of the adjoining residential property to the south	§ Reduction in the height of the townhouses fronting the eastern portion of Thornhill Summit Drive and Eliza Street from 4 storeys to 3 storeys; § A reduction in the number of residential units from 53 to 46
§ The proposed configuration of the parking area and the proposed location of the access drive at the east side of the property would result in unacceptable noise impacts on the residential property to the south	§ Relocation of the Thornhill Summit driveway entrance from the eastern end of the site to a location approximately 33 m east of the Yonge Street intersection (this location is slightly east of the existing entry point into the post office site)
§ The proposed siting of a ventilator for the underground garage near the residential property to the south would result in unacceptable noise impacts	§ Relocation of the underground parking ramp southward to the northern boundary of the residential property to the south (where noise will be buffered by an acoustic fence); § Relocation of the ventilators for the garage to a location removed from the property to the south
§ Lack of building frontages and “eyes on the street” along the Eliza Street frontage of the property.	Addition of 3 townhouse units with direct frontage onto Eliza Street to provide building mass and “eyes on the street” along the Eliza frontage.

Additional matters to be addressed by alternative mitigation strategies:

A few other matters raised by the residents could not reasonably be addressed through revisions to the site plan and elevations. As presented below, a variety of alternative mitigation strategies have been proposed in these circumstances:

§ Lack of visual screening and loss of existing trees along the common property line between the post office site and the residential property to the south: This concern was raised by the owner of the residential property immediately south of the post office, who requested party status at the OMB hearing. Currently, there are three large mature trees and several smaller specimens located on the post office property adjacent to the south property line, which will be lost as a result of the proposed development. In order to mitigate the loss of these trees, the landowner to the south proposed the following measures:

o That the four surface parking spaces immediately east of the parking garage access ramp be removed and replaced with a planting area consisting of tall, mature vegetation; and,

o That a green roof be constructed over the access ramp to the underground garage;

Or alternatively,

o That the applicant provide enhanced landscape planting within the rear yard of the property to the south, to the satisfaction of this resident.

The applicant and the landowner to the south have agreed to resolve the neighbour’s concerns through the provision of enhanced landscaping within the rear yard of the property to the south. To formalize their agreement, the applicant and adjacent owner will be required to agree in writing. The Town will not be a party to this agreement.

§ Noise impacts from the surface parking area on the rear yard of the residential property to the south: The applicant has proposed to address this concern by providing a 7 foot high solid acoustic wood fence along the southern boundary of the post office site. The landowner to the south is satisfied with this solution. A variance to the fence by-law will be required to permit a fence height in excess of 1.8 metres. The conditions of site plan approval require the owner to apply for this variance prior to site plan approval.

§ Insufficient screening of surface parking area where it is visible from Eliza Street: This concern was raised by both Town staff and by area residents. Staff had originally suggested that the eastern most parking stall be removed and replaced with a landscaping area to provide additional screening. However, through further review of this proposal, it was agreed that if the landscaping were provided at ground level above the underground garage, the material could not grow to a height and size that would be sufficient to provide the desired amount of screening, without incorporating undesirable design elements such as a large raised planting area. Alternatively, relocating the foundation wall of the underground garage several metres to the west would result in an unacceptable loss of parking spaces.

Staff recommend that landscape material, in the form of a tall, mature, dense hedge; an architectural wall or fence; or a combination of the two, along the Eliza Street frontage of the parking area will provide sufficient screening to address this concern. Staff will continue to work with the applicant to further refine the landscape plan to address this issue. This requirement is incorporated into the conditions of site plan approval.

§ Preservation of existing trees along the Yonge Street and Eliza Street frontages: The loss of existing vegetation on the site has been raised as a concern by area residents. However, due to the significant re-grading required along the Yonge Street frontage of the site and the poor health of these trees, staff are of the opinion that the existing trees on Yonge Street cannot be preserved.

On Eliza Street, the majority of the existing vegetation is of mixed health and is very close to the proposed eastern walls of the townhouses and the underground garage, and cannot be preserved. However, there are 3 trees in front of the surface parking area and underground garage which have been identified by the applicant for preservation. While staff strongly support this initiative, the survival of these 3 trees cannot be ensured unless the foundation wall of the underground garage and the adjoining townhouse wing are moved 2 to 3 metres west of its proposed location, to avoid impacting the root systems during construction. This would result in an unacceptable loss of parking both on the surface and in the underground garage, and would seriously compromise the layout of the overall site plan.

Nevertheless, the applicant has agreed to work with staff to develop a strategy to protect these 3 trees to the extent possible during construction. Staff also recommend that enhanced landscaping and/or architectural solutions (such as a solid visual screening wall) must also be incorporated into the landscape plan to mitigate the potential loss of these existing trees, and to provide a reasonable vegetation screen along the Eliza Street frontage in the event that these 3 trees do not survive.

While staff are generally satisfied with the proposed landscape treatments and proposed plant materials along the Yonge Street and Eliza Street frontages, as set out in the most recent landscape plans, further refinements will be required prior to final approval. In order to mitigate for the inevitable loss of vegetation on the site, staff recommend the following actions:

o Staff work with the applicant to develop a strategy to minimize the construction impacts on the 3 trees identified for preservation along the Eliza Street frontage, and that this strategy be addressed in the Site Plan Agreement;

o That the proposed planting between Eliza Street and the surface parking area be reviewed to ensure appropriate screening of the surface parking area from Eliza Street;

o That the applicant provide an enhanced landscaped seating/amenity area within the Thornhill Summit Drive right of way, adjacent to the Eliza Street bulb, which consists of tall, mature vegetation, a hard-surfaced seating area, and a walkway connection from Thornhill Summit Drive to Eliza Street;

o That the future condominium corporation be responsible for the maintenance of this landscaped seating/amenity area, and other landscaping improvements within the public rights of way of Thornhill Summit Drive and Eliza Street; and,

o That the applicant install street trees (sugar maples) at a minimum of 8 metres and up to a maximum of 12 metres centres along the northern boulevard of Thornhill Summit Drive opposite the subject property.

These recommendations have been incorporated into the conditions of site plan approval set out in Appendix A.

Resubmission of background engineering drawings and resolution of outstanding engineering comments required

Engineering staff have indicated that the background studies submitted in early 2007 in support of the December 2006 site plan submission must be updated to reflect the latest submission. In addition there a number of items in the January 11 and January 19, 2007 Engineering memos, relating to the first site plan submission, that require further resolution. The conditions of site plan approval require that these outstanding items be fully resolved to the satisfaction of the Director of Engineering prior to final site plan approval.

York Region has endorsed the relocated driveway access

The December 2006 site plan submission located the driveway access at the east end of the Thornhill Summit Drive frontage, in accordance with the Region’s requirements for driveway setbacks from intersections with Regional Roads. The landowner to the south and other surrounding residents, objected to this location due to potential noise impacts from vehicles. The revised site plan proposes to relocate the driveway to a point 33 metres from Yonge Street, which does not meet the Region’s setback requirements. In January 2008, staff prepared a traffic and pedestrian impact assessment of the proposed relocation, which concluded that it was desirable, and would not result in any traffic or pedestrian safety concerns. This report has been endorsed by staff of York Region Transportation and Works Department. The resident to the south is also satisfied with the relocated driveway access. Furthermore staff are satisfied that the new access point enhances the physical design of the proposed building and the internal vehicular circulation system.

Existing easement to be relocated in accordance with proposed development

The location of the existing easement, conveyed to the Town in 1978 to “enable the integration of further development of the adjoining lands to the south”, prevents the development of the Applicant’s site plan proposal. This easement will have to be lifted, and replaced with a new right of way easement in the location of the proposed relocated driveway access, to provide for cross easements and access to the property to the south in the future.

Applicant and Staff are continuing to refine the elevations and building design

The subject property is located within the Thornhill Markham Heritage Conservation District. Heritage Section staff have worked closely with the applicant to refine the elevations. In addition, the revised site plan was presented to Heritage Markham in February 2008. While Heritage Markham is satisfied with the overall scale and massing of the proposed development they have provided detailed comments related to refining design elements and details (See Appendix B). The applicant has indicated that they will work with staff to address all of these comments except for the requirement to fully indent the entrances to the retail stores fronting Yonge Street, as would be found on a traditional 19^th Century storefront. Staff will continue to work with the applicant to refine the elevations prior to final approval of the site plan.

Revised site plan and elevations meet key urban design and secondary plan objectives for the Thornhill Yonge Street corridor

The revised site plan represents a significant improvement over the original application and achieves a number of objectives of the Secondary Plan including:

• Mixed use development;
• At-grade retail uses on the Yonge Street frontage;
• Building height maximum of 12 metres on Yonge Street;
• Underground parking, with limited at grade parking in the rear;
• Improvements to the Yonge Street frontage;
• Transition in height to the residential areas to the east; and,
• General compatibility with the heritage character of Thornhill Village and the objectives of the Thornhill Markham Heritage Conservation District Plan.

ENVIRONMENTAL CONSIDERATIONS:

There are no environmental issues associated with the application.

ACCESSIBILITY CONSIDERATIONS:

There are no accessibility issues associated with the application. The applicant’s proposed handicapped parking spaces are in accordance with the requirements of the Town’s parking by-law. In addition, direct elevator access is provided between the underground parking garage and interior of the residential condominium. At-grade access is provided to the retail uses on Yonge Street and to the lobby for the residential condominium.

ENGAGE 21^ST CONSIDERATIONS:

The proposed development will contribute to several of the goals of the strategic plan, including revitalization of a main street (Yonge Street), strengthening the economic vitality of the community (through provision of mixed use commercial development along the Yonge Street frontage); and reuse of an underutilized property.

BUSINESS UNITS CONSULTED AND AFFECTED:

Town departments and outside agencies have been circulated previous versions of the proposed development. Any further revisions to these comments will be considered in the detailed review of the revised development proposal.

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 – Air Photo

Figure 4 – December 2006 Site Plan

Figure 5 – December 2006 Elevations

Figure 6 – February 21, 2008 Site Plan Concept

Figure 7 – February 21, 2008 Elevations

Appendix A - Conditions of Site Plan Approval

Appendix B - Comments from Heritage Markham

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APPENDIX A

CONDITIONS OF SITE PLAN APPROVAL

1. THAT site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued following the execution of site plan agreement. Site plan approval shall be issued only when the Director has signed the site plan “approved”.

2. That prior to site plan endorsement:

a) The applicant submit the following revised engineering studies, reflecting the endorsed site plan dated February 21, 2008, to the satisfaction of the Director of Engineering:

§ Functional Servicing Study

§ Site Servicing Calculations and Plan

§ Stormwater management plan

§ Site Grading Plan

§ Erosion and Sediment Control Plan

§ Noise Study

b) The applicant submit revised Landscape Plans, including an enhanced landscaped seating/amenity area adjacent to Thornhill Summit Drive; appropriate visual screening adjacent to the surface parking area on Eliza Street, and street tree planting along the northern boulevard of Thornhill Summit Drive opposite the subject property, including landscaping and fencing details, all to the satisfaction of the Director of Planning and Urban Design;

c) The applicant submit revised elevation drawings, addressing the comments of the Heritage Section and Heritage Markham, to the satisfaction of the Director of Planning and Urban Design;

d) The applicant apply for a variance to the fence by-law to permit a 7 foot high wooden acoustic fence along the southern boundary of the site where it abuts the residential property to the south.

e) The applicant address all comments from relevant departments and agencies relating to the revised site plans dated February 21, 2008, to the satisfaction of the Director of Planning and Urban Design.

3. That prior to final approval:

a) the owner and the Town of Markham execute Minutes of Settlement, reflecting the site plan dated February 21, 2008, for the purpose of settlement of the appeal to the Ontario Municipal Board by 1547155 Limited;

b) The applicant withdraw the other related appeals before the Ontario Municipal Board with respect to the Thornhill-Markham Heritage Conservation District Plan, (By-law 2007-151) (OMB Case No. PL070714) and appeal of OPA No. 167 (Amendment No. 11 to the Thornhill Secondary Plan)(OMB Case No. PL070888);

c) A zoning by-law amendment, reflecting the site plan dated February 21, 2008, be approved by the Ontario Municipal Board;

d) The Town release the Easement registered against the lands as Instrument No. MA 102380 in exchange for a replacement easement over the new driveway reflecting driveway shown in the site plan dated February 21, 2008, from its south boundary to Thornhill Summit Drive, to ensure that existing and future development to the south will have access to Thornhill Summit Drive;

e) The owner enter into a site plan agreement with the Town of Markham containing all standard and special provisions and requirements of the Town and public agencies, including:

i) construction of a publicly-accessible landscaped seating area, in an appropriate location within the public right of way of Thornhill Summit Drive, to the satisfaction of the Director of Planning and Urban Design;

ii) agreement by the applicant to include clauses in the Condominium Declaration, advising future unit owners that the Condominium Corporation will be responsible for maintaining, in perpetuity, the landscaped seating area set out in Condition 3 e) i) above;

iii) agreement by the applicant to install street trees, to the satisfaction of the Director of Planning and Urban Design, within the public right of way of the north boulevard of Thornhill Summit Drive;

iv) agreement by the applicant to implement the recommendations of the tree preservation strategy for the 3 existing trees identified for preservation along the Eliza Street frontage.

v) provision for payment by the applicant of all applicable fees, recoveries, and development charges;

vi) provisions for satisfying all requirements of the Town’s Departments and external agencies, including the Regional Municipality of York Transportation and Works Department;

vii) security, in the form of a letter of credit, to ensure construction of the buildings as per the approved plans.

4. THAT this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing May 15, 2007, in the event that the site plan agreement is not executed within that period.

File path: Amanda\File 06 135980\Documents\Recommendation Report