Report to: Development Services Committee Report Date: September 22, 2009

SUBJECT: RECOMMENDATION REPORT

Application by 1691126 Ontario Inc. for Phase 1 Site Plan Approval to permit high density residential, retail, office and hotel uses at 7161 and 7171 Yonge St., Thornhill and proposed settlement of OMB Appeal (File Number SC 08 106782)

PREPARED BY: Ron Blake, Development Manager West District ext. 2600

RECOMMENDATION:

1) That the report entitled “RECOMMENDATION REPORT: Application by 1691126 Ontario Inc. for Site Plan Approval for high density residential, retail, office and hotel uses at 7161 and 7171 Yonge St., Thornhill and proposed settlement of OMB Appeal (File Number SC 08 106782)” be received;

2) That the application for site plan approval submitted by 1691126 Ontario Inc. to permit 20,956 m² (225,576 sq. ft.) of retail commercial; 17,463 m² (187,976 sq. ft.) of office commercial; 714 residential units and 117 hotel rooms (Phase 1) at 7161 and 7171 Yonge Street be endorsed in principle, subject to the conditions set out in Appendix “A” and Appendix “B” attached to this report;

3) That site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued following execution of a site plan agreement, in accordance with the conditions set out in Appendix ‘A’ and Appendix ‘B’ attached to this report. Site Plan approval is issued only when the Director has signed the site plan;

4) That staff be directed to attend the Ontario Municipal Board hearing scheduled for October 13, 2009, and support the endorsement in principle of the site plan, subject to the terms and conditions set out in this report and in Appendix “A” and Appendix “B”;

5) That appropriate direction be sought from the Ontario Municipal Board regarding the process for final approval of the site plan;

6) That Council authorize the Mayor and Clerk to execute development/construction agreement(s) and development charges credit agreement(s) with the applicant, in a form satisfactory to the Chief Administrative Officer and the Town Solicitor for the construction of off-site municipal services.

7) That the applicants agree to pay their proportionate share of the Sanitary Flow Control Measures and off-site works and infrastructure within the Yonge-Steeles growth area that benefit or will benefit the Owner’s land, including possible undergrounding of Hydro Lines on Yonge Street, to the satisfaction of the Director of Engineering;

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

EXECUTIVE SUMMARY:

The subject properties are located at the north east corner of Yonge Street and Meadowview Avenue and include an area of 4.0 hectares (9.88 acres). The owners propose to construct a mixed-use high density centre, consisting of retail, commercial, office, hotel, parks and residential uses, including a total residential floor area of 95,939 m² (1,032,713 sq. ft.) or 1,207 units and 38,419 m² (413,552 sq. ft.) of retail and commercial space and a 117 suite hotel to be located in ten storeys above the proposed 10 storey office building (Building C, Figure 4). Total residential density is 2.38 FSI and non-residential is 1.11 FSI (total 3.49 FSI) which falls within the provisions of the site specific OPA and Zoning By-law Amendment approved by the OMB in June 2009. The development will be built in two phases.

The Phase 1 site plan application, which is the subject of this report, will include a residential floor area of 55,291m² (595,167 sq. ft.) or 714 units within the two residential towers fronting Yonge Street (Buildings A1 and A2, Figure 4), the office/hotel building, and all the retail floor area. The two residential towers fronting Meadowview Avenue (Buildings B1 and B2, Figure 4) are not part of this site plan application and will be built in Phase 2.

Proposed building heights include two 31 storey residential condominium towers fronting Yonge Street; two additional residential towers, 27 and 18 storeys high fronting Meadowview; a 20 storey hotel and office building at the North West corner of the site, and low-rise retail mall in the north east quadrant. Two open space areas will be provided, one fronting Meadowview under public ownership, another one fronting Yonge Street under private ownership, but with full public accessibility. As well, three internal roadways, privately owned but designed to look and function like public streets, will also be incorporated into the plans. The site will be built in two major phases, phase 1 includes the retail mall, office/hotel and the two residential condominiums fronting Yonge Street; phase 2 includes the remaining residential towers fronting Meadowview. To date 2011 conditional servicing allocation has been granted for one residential tower on Yonge Street and the 10 storey podium that links it to the second tower. The timing of park construction will be specified in a separate parks agreement. It is the intention of staff that park construction will coincide with the construction and occupancy of adjacent buildings.

The site-specific Official Plan and Zoning By-law Amendments were approved by the Ontario Municipal Board in June 2009. The site plan application which is the subject of this report was submitted in December 2008 and was appealed to the Board by the applicant in April 2009. The Board hearing is scheduled for October 13, 2009. The proposed development has been presented to Development Services Committee and the public at a Community Information Meeting held in early spring, and the applicant and local Councillor have met twice with a group of local residents during the summer to consider the site plan in more detail.

The proposed site plan generally meets the Town’s urban design vision and objectives for the Yonge Steeles Corridor, as set out in the Yonge Steeles Corridor Study. The report notes that the owner has agreed to include revisions to the Yonge Street elevation of the proposed 10 storey podium that links the two residential towers. In addition revisions to the site plan and elevations are required to address other Town and Regional comments and zoning compliance. These changes are set out in the site plan and elevation drawings attached to this report.

Compared to the December 2008 site plan submission, the site plan and elevations set out in this report include the following key changes:

Building A Elevations:

• Tower floor plate has been made more slender and elegant.
• Balcony railings have been modified by adding solid panels in a pattern to create a variety and interest in the façade.
• Linking podium has been changed in shape with balcony railings placed in a more interesting pattern.
• Podium redesigned to add canopy, signage, entrance details and corner details to incorporate ideas discussed with the working group and  in accordance to Bird Friendly Design Guideline.

Building C Elevations:

· Height has been revised from 22 storeys to 20 storeys.

· Currently 10 storeys for hotel and 10 storeys for Office

· 2-storey base design incorporates ideas developed in the first 2 stories of Building A, including canopy, signage and entrance detail, also as discussed with the working group and in accordance to Bird Friendly Design Guideline.

Building B3 Elevations:

· Minor adjustments in accordance to changes in plan.

The conditions of draft plan approval set out in Appendix A require that the owner provide the Town of Markham with a sample board showing proposed materials and colours for the buildings prior to execution of the site plan agreement.

The applicant has submitted all of the requested background studies. These studies are under final review. The conditions of site plan approval contain provisions for incorporating possible revisions to these studies through the site plan approval process.

As set out in the conditions of approval, the applicant is required to enter into several agreements with the municipality, in addition to the site plan agreement. These agreements include development agreement(s) for the construction and financing of off-site servicing and traffic infrastructure, and agreements relating to the construction, design, conveyance and maintenance of the park facilities. In addition, the Town and the Region are reviewing the possible undergrounding of the overhead Hydro lines on Yonge Street. Options for the funding of such works are to be further discussed between the Region, the Town, Power Stream and benefiting landowners. The Town will require the applicant to convey full public right of way easements over the private open space areas and the internal roadways. Additional matters included in the approval conditions include conveyance of lands for widening of the Meadowview and Yonge Street road rights of way (in the latter case to accommodate the proposed Viva Bus Rapid Transit); a requirement for the owner to enter into a Section 37 Agreement with the Town prior to site plan approval addressing the owner’s commitment to provide a financial contribution to additional community services in the Ward 1 area; the phasing of the proposed Office/hotel building prior to or concurrent with the first residential construction on the site; incorporating LEED and bird-friendly design into the development. Finally, York Region has provided detailed conditions of site plan approval, which are attached as Appendix B to the report.

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

5. Others (HR, Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to discuss the application for site plan approval to permit the above-noted development; and to recommend a Town position prior to the Ontario Municipal Board hearing scheduled for October 13, 2009. The report concludes that the site plan application should be endorsed in principle, subject to the conditions set out in Appendix “A” and Appendix “B” attached to this report.

BACKGROUND:

Property and area context

The subject properties comprise approximately 4.0 hectares (9.88 acres) and are located at the northeast corner of Yonge Street and Meadowview Avenue (Figure 1). Existing uses include a gas bar at the southwest corner of the site, a large surface parking area, a single-storey retail plaza and a stand-alone fast food restaurant. Surrounding uses include a mix of retail and commercial uses fronting the east and west sides of Yonge Street, high density residential north west of the site in the City of Vaughan, industrial uses to the east and low density residential to the south east.

Proposed Development

Development of the site is proposed in two main phases. Phase 1 (the subject of this site plan approval, see Figure 4) will consist of:

o a retail mall in the northeast quadrant;

o a combined 20 storey office building/hotel with at-grade retail, commercial and restaurants at the northwest corner of the site;

o two 31 storey residential towers linked by a 10 storey mixed commercial/residential/at-grade retail podium fronting Yonge Street;

o an internal north/south publicly-accessible private road (designed to look and function like a public road and to accommodate both pedestrians and vehicles) linking Meadowview Ave. to Yonge Street;

o an internal service route (primarily for cars and delivery vehicles) linking Meadowview Ave. to Yonge Street along the eastern and northern boundaries of the property.

o Full excavation of the site to permit construction of the entire underground garage.

o Two parks are contained within the site. The timing of park development will be coordinated through a separate parks agreement. It is the intention of staff that the construction of parks will coincide with adjacent building construction and occupancy.

The following table provides a more detailed summary of the proposed development:

	Height/ storeys	Residential gfa m^2 (units)	Retail gfa m^2	Office/ Commercial gfa m^2	Hotel gfa m^2 (suites)	Total gfa m^2 (FSI)
Phase 1A
Condominium residential tower fronting Yonge Street (Building A1 & 10 storey podium)	31	36,964 (470)	3,610	4,155
Mixed Commercial/Hotel at northwest corner (Building C)	20		1,124	11,308	8,093 (117)
Low-rise retail building at north east side of site (Building B3)	1 & 2		16,222
Phase 1B
Condominium residential tower fronting Yonge Street (Buildings A2)	31	18,327 (244)
Totals Phase 1:		55,291 (714)	20,956	17,463	8,093 (117)	101,803 m^2 (2.02)
Phase 2
Condominium residential towers fronting Meadowview Ave (Buildings B1 & B2)	18 & 27	40,648 (493)
Total (residential):		95,939 (1,207)				95,939 m^2 (2.38 FSI)
Total (non-residential):						46,512 m^2 (1.11 FSI)
Total (residential + non-residential)						142,451 m^2 (3.49)

Note: Phase 2 is not part of this site plan application.

Residential component of the Phase 1 site plan requires both 2011 and 2013 conditional allocation

It is important to note that due to Regional residential servicing allocation constraints associated with the twinning of the York/Durham trunk main and construction of a new sewage treatment plant in Pickering, Phase 1 is further subdivided into two sub-phases (see Figure 4 and table above):

o Phase 1A – consisting of the retail development, the hotel/office building, the northernmost residential tower on Yonge Street (Building A1) and the ten storey podium – has been granted conditional 2011 servicing allocation; and

o Phase 1B – which includes the second residential tower (Building A2) fronting Yonge Street, will require conditional 2013 allocation next year.

These two sub-phases are consistent with the H1 and H2 hold provisions set out in the Official Plan and Zoning By-law Amendments approved by the OMB in June 2009. The H2 provision applying to Phase 1B will not be lifted until 2013 servicing allocation has been granted. Furthermore, the applicant has entered into an agreement with the Town not to pre-sell the units in Building A2 until 2013 servicing allocation has been granted. Given these safeguards, Staff are of the opinion that it is appropriate to include Phase 1B (Building A2) in this site plan approval.

With regard to Regional servicing allocation, the applicant will be required to contribute his proportional share towards the sanitary flow control measures which allow incremental increases in servicing allocation to the Town, by temporarily storing sewage during peak flow periods in Town-owned mains, to permit slower release into the Regional Trunk Main. This cost-sharing requirement is standard for new subdivisions and large site plan applications in the Town.

In addition, the long-term development plan for the site proposes two additional residential towers, (Buildings B1 and B2) linked by an eight storey podium, which will be subject to a future site plan application (See Figures 12 to 15 inclusive; Figure 17 Master Plan; and the table above). Due to the complex nature of the connections between the retail mall to the north (Building B3, which is to be built in Phase 1, extends under a portion of the B1/B2 podium for a height of two storeys) the first two storeys of the B1/B2 podium must be built during Phase 1 even though the southern half of the podium fronting Meadowview park will contain residential units that have not been granted servicing allocation. Consequently, site plan approval conditions require that these residential units cannot be finished and granted occupancy until servicing allocation has been granted. The owner has also entered into a no-presale agreement with the Town that also covers the B1/B2 residential units. The ultimate development plan for the site, including Buildings B1 and B2 is shown in Figure 17: Master Plan.

History of the application

Applications for Official Plan and Zoning By-law Amendments to permit an earlier version of the proposed development were submitted in July 2006. In December 2007, the applicant appealed these applications to the Ontario Municipal Board. Staff undertook an intensive round of discussions with the applicant to reconcile the proposed development with the planning directions and recommendations of the Yonge Steeles Corridor Study, a Town-initiated planning study of the blocks bounded by Yonge Street, Dudley Avenue, Steeles Avenue East and Elgin Street, which was ongoing at that time. During the course of these discussions several revisions were made to the development concept including:

o Provision of additional parkland on site;

o Reduction in building heights and development densities;

o Reduction of surface parking;

o Provision of an office building in the first phase of development;

o Provision of publicly-accessible through streets within the interior of the development.

On May 25, 2009, the draft Official Plan and Zoning By-law Amendments to permit the proposed development went before the Ontario Municipal Board on consent, and on June 8, 2009, the OMB issued its decision, approving these documents.

In December 2008, the owner submitted an application for site plan approval. On April 2, 2009 the applicant appealed the application for site plan approval to the Ontario Municipal Board. The OMB hearing date for the site plan application is scheduled for October 13, 2009.

Site Plan presented to Development Services Committee and at a Public Information Meeting

On February 24, 2009, the applicant presented the proposed site plan to Development Services Committee. At this meeting, Committee Members indicated that they were generally supportive of the refinements to the development concept incorporated into the site plan application. The Committee endorsed staff’s proposal to hold a Community Information Meeting prior to the OMB hearing date for the Official Plan and Zoning By-law Amendments; and directed staff to organize a Working Group including Town staff, representatives of the applicants consulting team, the Ward Councillor and members of the community, to provide input into the site plan review process.

A Community Information Meeting was held on March 24, 2009. Residents addressed several matters in relation to the proposed development, including:

o Need for the proposal to meet the Province’s accessibility guidelines;

o Concerns about possible impacts from the proposal on the local sanitary and storm sewer systems;

o Concerns about possible traffic impacts, in the (current) absence of transit improvements along Yonge Street;

o Need to phase development to ensure that transit and servicing improvements are constructed concurrently with the development;

o Need for a wind study to ensure development enhances grade-level microclimate and pedestrian amenity;

o Need to provide alternative transportation options for new residents and commercial tenants. In this regard, the applicant is finalizing a Travel Demand Management (TDM) Plan, to the satisfaction of the Director of Engineering, which contains recommendations relating to the provision of transit-supportive initiatives, bicycle parking facilities, automobile parking reductions, car-sharing programs and related strategies. The conditions of site plan approval require that appropriate clauses related to the approved TDM be incorporated into the Site Plan Agreement to implement these measures.

Two Working Group Meetings held

Two working group meetings (July 8, 2009 and July 20, 2009) were held with Town staff, the Ward Councillor, the applicant’s design team and representatives of the adjacent residential community. Key matters raised at these meetings include:

o Need to focus design efforts on the building elevations at the pedestrian level;

o Assurance that the building elevations address FLAP (Fatal Light Awareness Program) bird-friendly design guidelines;

o Need for a wind study to review quality of grade-level microclimate on Yonge Street and public open space areas.

Official Plan and Zoning By-law

Site-specific Official Plan and Zoning By-law Amendments, to permit the proposed development, were approved by the Ontario Municipal Board on June 8, 2009.

The Official Plan Amendment (OPA 178) establishes site-specific policies which support redevelopment in the form of high density mixed use residential, retail, service commercial, office and open space uses. High density office, hotel and residential uses are generally to be located along the Yonge Street frontage, and along the Meadowview frontage, while retail uses will generally be located along the base of the buildings fronting Yonge Street, and in an indoor shopping mall located in the north east quadrant of the site. Two new open space areas are designated, along Yonge Street and continuing into the interior of the site; and along the Meadowview frontage. Official Plan policies also mandate a fully publicly-accessible private street system, providing pedestrian and vehicular access through the interior of the site, and require that these streets be designed to resemble and function as public roads. In addition, the OPA establishes a maximum overall development density of 3.5 FSI, of which residential uses cannot exceed 2.5 FSI, and establishes maximum building heights. The OPA sets out a detailed phasing plan for the proposed development, consisting of three Hold provisions that are to be removed in a specific sequence in accordance with detailed hold removal conditions.

The site is zoned Community Amenity Area One [CA1] with hold provisions, by Zoning By-law 2009-118, which was approved by the Ontario Municipal Board concurrently with the OPA. In addition to establishing maximum building densities and heights in accordance with the OPA, the Zoning By-law establishes specific areas (such as underground facilities, parking garages, rooftop mechanical rooms) that are exempt from density calculations; as well as facilities such as rooftop screening and mechanical penthouses, that are exempt from building height calculations up to a maximum height of 5 metres.

OPTIONS/ DISCUSSION:

Site Plan addresses Town’s urban design objectives for the Yonge Steeles Corridor

The site plan application addresses key urban design and sustainable design elements of the Town’s vision for this site within the overall redevelopment objectives for the Yonge Street Corridor north of Steeles Avenue, including:

o Providing an internal, publicly-accessible street system, designed to the standards of public roads, which will enhance pedestrian and vehicular permeability from surrounding streets and help to integrate the development with the surrounding neighbourhood;

o Providing grade-related, pedestrian-oriented retail and commercial uses along the Yonge Street frontage and along portions of the internal street system;

o Accommodating virtually all of the parking in an underground parking garage, with only a minimal amount of at-grade parking in the interior of the site;

o Incorporating publicly-accessible open space along the Meadowview Avenue frontage of the site, along the Yonge Street frontage and within the interior of the property;

o Incorporating a number of innovative green strategies including an extensive green roof system, minimum LEED Silver certification for all proposed buildings, innovative storm water retention and reuse strategies and potential district heating and cooling/co-generation.

o Providing a transition of heights and densities from Yonge Street (the focus of the highest densities and heights) to the existing low density residential neighbourhood east of Dudley Avenue and south of Meadowview, in accordance with the heights and densities set out in the site-specific OPA and ZBA approved by the OMB in June 2009.

o The Region of York, Powerstream, City of Vaughan and Town of Markham are reviewing opportunities, cost, feasibility and funding options for the undergrounding of the overhead hydro lines on Yonge Street. Further discussion is required to determine cost sharing options for the undergrounding of these facilities.

Revisions to the elevations required to comply with Zoning provisions

The site plan and elevations have been reviewed against the zoning by-law. The following revisions are required to achieve zoning compliance:

o The proposed height of Towers A1 & A2 exceeds the by-law maximum height requirement of 297m geodetic height above sea level.  The proposed height to the highest point of the parapet is 299m.  The proposed roof screening also exceeds the maximum 5.0m projection above the roof surface.  The proposed roof screen is 8.1 metres above the roof surface.

o The minimum Front yard setback (Yonge Street) is 5.0 metres.  The proposed site plan indicates a 0m setback to the proposed widened property line abutting Building "C".

o The minimum flankage yard (Meadowview Ave.) is 5.0 metres.  The proposed site plan indicates approx. 4.2 metres to the proposed widened property line abutting Building "A2".

o The by-law also allows permitted yard encroachments; however the balconies/canopies setbacks etc. have not been provided on the site plan to determine by-law compliance.

o The applicant must indicate where the 232m geodetic height above sea level shown on the site statistics sheet begins (floor level) in order to determine compliance with the maximum residential floor area caps.

The applicant has agreed to revise the elevations, as reflected in the attachments to this report, to comply with zoning height provisions and to provide the additional information on the site plan requested above. In addition, comments related to reduced setbacks and Yonge Street and Meadowview frontages, relate to the construction of the Bus Rapid Transit proposal which will require conveyance of land to accommodate a required widening of Yonge Street and realignment of the Yonge Street Meadowview intersection. The Region has indicated in its conditions of site plan approval (see Appendix A attached) that the land conveyance for this widening will be required as a condition of site plan endorsement. However, the site plan has been designed to accommodate a minimum 9 metre setback from curb to building face, in the event the BRT proceeds, which complies with the setback guidelines established in the Yonge Steeles Corridor Study. Therefore Town staff has no objection to the building placement shown in the attached site plan (Figure 4) provided that a minimum 9 metre setback between curb to building face is provided.

Applicant has agreed to modify elements of building façade treatments

In addition to the site plan’s compliance with the urban design objectives and zoning regulations noted above, staff are working with the applicant to refine the materials and façade treatments of the 10 storey linking podium fronting Yonge Street (see Buildings A1 and A2 Figures 5 and 6). The applicant has agreed to incorporate elements of the precast concrete materials evident in the 2 storey portion of the podium into the design of the 10 storey linking building, to better integrate these two components of the structure. These refinements are included in the elevations attached to this report and are summarized briefly below:

Building A Elevations:

• Tower floor plate has been made more slender and elegant.
• Balcony railings have been modified by adding solid panels in a pattern to create a variety and interest in the façade.
• Linking podium has been changed in shape with balcony railings placed in a more interesting pattern.
• Podium redesigned to add canopy, signage, entrance details and corner details to incorporate ideas discussed with the working group and  in accordance to Bird Friendly Design Guideline.

Building C Elevations:

· Height has been revised from 22 storeys to 20 storeys.

· Currently 10 storeys for hotel and 10 storeys for Office

· 2-storey base design incorporates ideas developed in the first 2 stories of Building A, including canopy, signage and entrance detail, also as discussed with the working group and in accordance to Bird Friendly Design Guideline.

Building B3 Elevations:

· Minor adjustments in accordance to changes in plan.

Revisions to the site plan required

In addition to the design elements noted above, York Region has also indicated that the configuration of the Yonge Street entrance south of the CN rail line must be reconfigured to incorporate a wider concrete median between the inbound and outbound lanes, as well as possible refinements to the location of the underground garage along the Yonge Street frontage, if it encroaches within the widened right of way. York Region’s conditions require that these changes be incorporated into the site plan, to the satisfaction of the Region, prior to endorsement.

In addition, the Town has advised the applicant that several minor changes must be incorporated into the site plan, including:

o Revisions to the fire access route and fire access route signage required by the Fire Department;

o Deletion of the Phase 2 portion of the development from the area of site plan approval;

o Illustration of the existing Yonge Street right of way configuration on the site plan;

o Label Street ‘A’ (north/south street paralleling Yonge Street linking Meadowview Avenue to Yonge Street) and Street ‘B’ (Service drive adjacent to the east and north property lines, linking Meadowview Avenue to Street ‘A’) on the site plan;

o Show locations and number of bike racks.

The applicant has agreed to incorporate these changes into the revised site plan, and they are included in the site plan attached to this report.

Review of technical reports in support of the application is ongoing and must be completed to the Town’s satisfaction prior to execution of the site plan agreement

During the circulation of the site plan application, Town staff and outside agencies identified a number of technical studies required in support of the application. These studies have been prepared and submitted by the applicant, several of which are still under review and may require further refinement. The specific background studies that must still be finalized prior to execution of the site plan agreement are set out in the site plan approval conditions, attached as Appendix ‘A’. Region of York requirements with regard to the background studies are set out in Appendix ‘B’ to this report.

In addition, the applicant has prepared a wind analysis, in the form of a letter from a recognized wind consultant. The analysis concludes that wind conditions expected at the proposed development site are considered acceptable to the urban context. Staff accepts this analysis, however, additional mitigation measures have been requested for problematic locations to provide increased comfort and safety for pedestrians.

CNR and TTC have requested site plan approval conditions

The subject lands abut a CNR main line to the north. In addition, the Region of York and TTC have prepared an environmental assessment for future extension of the Yonge Subway line to Langstaff. Both agencies have submitted detailed comments on the site plan application. The conditions of site plan approval, set out in Appendix A to this report, incorporate requirements for specific site plan agreement clauses requested by TTC, as well as a requirement that the applicant submit a “Level 1A” Technical Review to the TTC (in compliance with the TTC’s Developers Guide) for the TTC’s review and approval, prior to endorsement of the site plan. In addition, written confirmation from CNR that the site plan is acceptable is required prior to final approval.

Cash-in-lieu of parkland required as a condition of phase 1 site plan approval

The phase 1 development, which is the subject of this site plan application, includes the Yonge Street open space area and buildings B3, C and A1/A2 (see Figure 4) but excludes Buildings B1/B2 and the Meadowview park, which will be the subject of a future site plan application (conveyance of the Meadowview park will be addressed in this future site plan application). The Yonge Street open space area, which is to remain under private ownership, will be credited towards parkland dedication.  The parkland requirement for Phase 1, based on 238 – 2 bedroom units and 472 Bachelor and 1 bedroom units is 2.5 ha.  The Yonge Street open space area, to be credited for parkland conveyance to the Town, is 0.66ha as reflected in the “Site Statistics” on drawing SP-01 of the site plan application.  Credit will be given for the existing commercial uses on the site and an additional 2% will not be applied to the new commercial development.  There is an outstanding parkland requirement of 1.84 ha which will be required to be paid as cash-in-lieu of parkland dedication. 

Open space areas will be subject of separate Town-initiated design study and parks agreement

The applicant has agreed to retain responsibility for the construction and maintenance of the Yonge Street private park The design of the park will be subject to a Town-initiated design process which will incorporate a significant public consultation process. The details of this arrangement will be addressed in two separate agreements: a Park Development and Delivery Agreement and a Maintenance, Easement and Continuing Indemnity Agreement. The Town’s conditions of site plan approval (Appendix ‘A’) require that the site plan agreement include a clause setting out the requirement for the owner to enter into these agreements.

Construction of New Sanitary Sewer required

Due to limited capacity in the existing local Town sewers in the area to accommodate Liberty’s sanitary drainage, new sanitary sewers are required to be constructed off-site to convey the sanitary flow from the Liberty site to the Region of York’s sanitary trunk on Steeles Avenue. The new sanitary sewers will also divert some of the sanitary flow from existing development and free up the capacities in the local system. Region of York has confirmed that capacity is available in the existing Regional infrastructure to permit the Liberty development proposal to proceed.

The Town is currently evaluating the servicing alternatives through the Master Servicing Study for the growth areas across the Town as identified through the Growth Management Strategy process. The Yonge-Steeles Corridor, in which the Liberty proposal is located, is one of the growth areas being considered for future intensification and is being evaluated for servicing purposes. The new sanitary sewers proposed by Liberty are being reviewed by the Town’s consultant, as part of the Master Servicing Study. The preferred alternative to service the Yonge-Steeles growth area, including the Liberty site, will be recommended by the Master Servicing Study. The Owner of the Liberty site will be required to design and construct the new sanitary sewers and, if necessary, to satisfy the requirements of the Municipal Class Environmental Assessment prior to the execution of the development / construction agreement. The Owner will enter into a Development Agreement with the Town for the design, construction, and financing of the new sanitary sewers.

Applicant must enter into one of more development agreement(s)

A number of off-site infrastructure improvements are required to support the proposed development of the subject site. Examples include:

o new local trunk sewer to connect the subject lands to the Steeles Avenue Regional Trunk Main. While the Regional Trunk Main is owned by York Region, it is located within the right-of-way of Steeles Avenue East, a City of Toronto-owned road. Therefore, confirmation will be required from the City of Toronto that access over the city-owned right-of-way will be permitted;

o widening of Meadowview Avenue and improvements to the Meadowview/Yonge Street intersection;

o new or upgraded traffic signals on Meadowview Avenue and Yonge Street;

o streetscape improvements to the east side of the Yonge Street right of way between Meadowview Avenue and the CN rail line (if the BRT is not built);

The agreement(s) will identify additional studies required to support the proposed infrastructure, anticipated timing and responsibility for constructing the infrastructure, financing options and posting of securities. As a development charge by-law may not be passed prior to execution of this agreement, alternative arrangements may have to be incorporated into this agreement to the satisfaction of Town Staff. In accordance with the approval conditions set out in Appendix A to this report, the development agreement(s) must be executed prior to execution of the site plan agreement.

Execution of Section 37 Agreement required prior to final approval of the site plan

As part of the settlement between the Town and the Owner, which in part formed the basis for the agreement on the Official Plan and Zoning By-law Amendment, the applicant agreed to contribute $2 million dollars to the Town for the provision of community services in Ward 1 or the Thornhill Community, to be paid at the issuance of the first residential building permit. As set out in Appendix A to this report, the owner will be required to enter into this agreement as a condition of final approval of the site plan.

Yonge Street and Meadowview Avenue road widenings required

York Region has indicated in their conditions of site plan approval, set out in Appendix ‘B’ to this report, that dedication of the Yonge Street widening to accommodate the BRT will be required prior to site plan endorsement.

In addition, dedication to the Town of Markham of land along the Meadowview Avenue frontage of the site, to permit widening of this road, will be required prior to site plan approval. These requirements are set out in the Town’s conditions of site plan approval, in Appendix ‘A’ attached to this report.

Office/Hotel building must be developed in advance of, or concurrently with, residential development of the site

An important item in the settlement between the Town and the owner, which led to the approval of the Official Plan and Zoning By-law Amendments, was the owner’s agreement to build the office tower either in advance of or concurrently with residential development of the site. This was reflected in one of the conditions for removal of the Hold One (H1) Provision, set out in both the Official Plan and Zoning By-law Amendments, which required that the owner enter into a site plan agreement requiring the issuance of a building permit for a minimum 8,000 m² of gross floor area business and/or medical offices in Building C for (see Figures 4, 9 and 10) prior to or concurrently with any building permit for a building designed for residential occupancy. This requirement is reflected in the conditions of site plan approval set out in Appendix A to this report.

Internal private streets are to be fully accessible to the public and will be designed to resemble and function as public roads

The Official Plan Amendment contains detailed requirements for the dimensions of the paved areas and pedestrian boulevards of the internal streets. The purpose of these policies is to ensure that these roadways, while privately owned, are designed to public road standards, with continuous sidewalks, street trees, landscaping, street furniture and pedestrian-scaled lighting. In addition, the owner must convey public right of way easements over the full extent of these internal roadways, to ensure that public access is maintained at all times. These conditions are set out in Appendix A attached to this report. The site plan conditions also contain a requirement that the two internal roadways (Streets A and B as shown in Figure 4) must be constructed as part of the first phase of the development.

Building elevations must reflect bird-friendly design measures

A representative of the Fatal Light Awareness Program (FLAP) attended the June 20, 2009 Working Group meeting and provided information on bird-friendly design measures for high rise structures. The applicant agreed to incorporate these guidelines into the revised building elevations. The conditions of site plan approval (Appendix A) require that the site plan agreement contain a clause whereby the owner agrees to implement bird-friendly design measures.

LEED certification

The Owner will be required to attain a minimum LEED silver accreditation for the proposed buildings and secure this through the site plan agreement (Appendix ‘A’). In this regard, the proposed development will incorporate a number of innovative energy and water conservation techniques, including an extensive green roof system over the retail portion of the development and on-site stormwater retention systems.

Region of York has submitted conditions of Site Plan approval

The Region of York submitted their conditions of site plan approval on August 25, 2009. These conditions are set out in Appendix ‘B’ to this report.

FINANCIAL CONSIDERATIONS AND TEMPLATE:

There are no financial considerations associated with this report.

HUMAN RESOURCES CONSIDERATIONS

There are no Human Resources considerations associated with this report.

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed development supports several of the Town’s Strategic Priorities, as follows:

Growth Management - development represents intensification along a transit corridor.

Transportation/Transit - proposal is for a higher density, transit oriented development.

Environment - development will incorporate several innovative energy and water conservation techniques. The use of current stormwater management standards will reduce the amount of uncontrolled storm water runoff into the CNR corridor

BUSINESS UNITS CONSULTED AND AFFECTED:

All relevant Town departments and external agencies have been circulated and their comments will be incorporated into final recommendations.

RECOMMENDED BY:

_____________________________ _______________________________

Biju Karumanchery M.C.I.P R.P.P. Jim Baird M.C.I.P R.P.P.

Senior Development Manager Commissioner of Development Services

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area Context

Figure 3 – Aerial Photo

Figure 4 – Site Plan

Figure 5 – Yonge Street Elevation

Figure 6 – Building A West Elevation

Figure 7 – Building A East Elevation

Figure 8 – Building A1 North Elevation/Building A2 South Elevation

Figure 9 – Building C East and West Elevation

Figure 10 – Building C North and South Elevation

Figure 11 – Building B3 North and South Elevations

Figure 12 – Building B West Elevation

Figure 13 – Building B East Elevation

Figure 14 – Meadowview Road Elevation

Figure 15 – Building B North Elevation

Figure 16 – Building B South Elevation

Figure 17 – Master Plan

OWNER: Fred Darvish

1291126 Ontario Inc.,

c/o Lezlie Philips

505 Highway 7 E Unit 303

Thornhill ON L3T 7T1

P: 905-731-8687

F: 905-731-6826

Email: lezlie@libertydevelopment.ca

AGENT: Peter Walker

Walker Nott Dragecevic

172 St. George St.

Toronto ON M5R 2N7

P : 416-968-3511

F : 416-960-0172

File path: Amanda\File 08 106782\Documents\Recommendation Report

Appendix A:

Conditions of Site Plan Approval

1291126 Ontario Inc. (Liberty Development Corporation)

7161 and 7171 Yonge Street

1. THAT site plan approval shall lapse after a period of three years commencing October 13, 2009, in the event that site plan agreement is not executed within that period;

2. THAT the site plan shall comply with the requirements of By-law 2009-118, as amended;

3. THAT prior to endorsement of the site plan, the Owner shall submit a Level 1A Technical Review to the TTC (in compliance with the TTC’s Developers Guide) for the TTC’s review and approval.

4. THAT prior to execution of the Site Plan Agreement, the Owner shall:

a) Complete the following studies and plans, to the satisfaction of the Town of Markham, in consultation with the Region of York:

o Municipal Servicing Study;

o Transportation Study;

o Site Servicing Plan;

o Grading plan;

o Erosion and Sediment Control Plan;

o Phase 2 Environmental Site Assessment Study;

o Wind Study;

o Travel Demand Management Plan;

o Stormwater Management Report.

b) Enter into one or more Development Agreement(s) with the Town of Markham, to the satisfaction of the Director of Engineering, addressing the following:

o the construction and financing of external servicing infrastructure as identified in the Servicing Study and satisfying the requirements of the Class EA. Prior to the execution of this agreement, the applicant shall provide written confirmation from the City of Toronto that construction access for sanitary sewer connections or other infrastructure, will be permitted within the Steeles Avenue East right of way. The Owner is required to front-end the cost of designing and constructing the off-site infrastructure to service the site and the recovery of the cost shall be in accordance with the Development Charges By-law.

o provide for the installation of traffic signals at the intersections of Yonge Street and ‘Street A’; Meadowview Avenue and ‘Street B’; and upgraded traffic signals at the intersection of Yonge Street and Meadowview

o provide for widening and road improvements to Meadowview Avenue;

c) Submit a Landscape Plan and associated cost estimates, prepared by a Landscape Architect having O.A.L.A. membership, to the satisfaction and approval of the Director of Planning and Urban Design;

d) Submit an appraisal report for the subject lands for the purposes of calculating cash-in-lieu of parkland;

e) Provide the Town of Markham with a sample board showing proposed materials and colours for the proposed buildings, to the satisfaction of the Town Architect.

5. THAT prior to issuance of the site plan approval, the owner shall:

a) Enter into a Section 37 Agreement with the Town regarding a financial or in-kind contribution equivalent to $2 million for the provision of community services in Ward 1 or the Thornhill Community, to be paid at the time of issuance of the first residential building permit, to the satisfaction of the Town;

b) Dedicate to the satisfaction of the Town of Markham, land for the widening of Meadowview Avenue, as set out in the endorsed site plan

c) Dedicate public right of way easements over all internal private roadways and private open space areas, to the satisfaction of the Town of Markham.

d) Provide written confirmation from CNR that the site plan and supporting noise and vibration studies are satisfactory.

e) Secure a variance for reduced building setbacks from the Meadowview and Yonge Street rights of way as set out in the endorsed site plan, if required.

6. That the Site Plan Agreement shall:

a) Provide for payment by the Owner of all applicable fees, recoveries and development charges;

b) Contain provisions for satisfying Town Departments including all requirements of the Director of Engineering, the Fire Department, Waste Management and Roads;

c) Contain a clause whereby the Owner agrees to attain LEED silver certification for the proposed development.

d) Contain a clause requiring a minimum of 8,000 m² of gross floor area for business offices and/or medical offices in Building C, as shown on the endorsed site plan, with such clause requiring the issuance of a building permit for Building C prior to or concurrent with, issuance of any building permit for a building designed for residential occupancy;

e) Contain a clause requiring that Street ‘A’ and Street ‘B’ be completed throughout the site and are connected to Yonge Street and Meadowview Avenue;

f) Contain a clause whereby the Owner agrees not to finish or occupy any residential units in the portion of Building B1 and B2 to be constructed as part of the site plan approval (i.e. the portion of this building located below 205 metres geodetic elevation) until servicing allocation for these residential units has been granted;

g) Contain the following clauses, as set out in the letter from Toronto Transit Commission dated March 9, 2009, whereby the owner acknowledges and agrees that:

i) the proximity of the proposed development of the lands municipally known as 7161/7171 Yonge Street, to the TTC subway right of way may result in noise, vibration, electromagnetic interference, stray current, smoke and particulate matter, transmissions (collectively referred to as interferences) to the Development;

ii) the City of Toronto and the Toronto Transit Commission (the “Commission”) will not accept responsibility for such effects on any of the Development and/or its occupants;

iii) it had been advised by the Commission to apply reasonable attenuation/mitigation measures with respect to the level of the interferences on and in the development; and

iv) a TTC interferences Warning clause, as provided below and satisfactory to the TTC has been, or shall be inserted into all offers of purchase and sale or lease and condominium declaration(s) for each unit:

“The Purchaser and/or Lessee specifically acknowledges and agrees that the proximity of the development of the lands municipally known as 7161/7171 Yonge Street to TTC transit operations may result in noise, vibration, electromagnetic interference, stray current, smoke and particulate matter, transmissions (collectively referred to as interferences) to the Development and despite the inclusion of control features within the Development, interferences from transit operations may continue to be of concern, occasionally interfering with some activities of the occupants in the Development. Notwithstanding the above, the Purchaser and/or Lessee agrees to release and save harmless the City of Toronto and the Toronto Transit Commission from all claims, losses, judgments or actions arising or resulting from any and all Interferences. Furthermore the Purchaser and/or Lessee acknowledges and agrees that an electromagnetic, stray current and noise-warning clause similar to the one contained herein shall be inserted into any succeeding lease, sublease or sales agreement, and that this requirement shall be binding not only on the parties hereto but also their respective successors and assigns and shall not die with the closing of the transaction.”

h) Contain clauses whereby the owner agrees to implement recommended measures identified in the approved Travel Demand Management Study, into the design of this development.

i) Contain a clause whereby the owner agrees to implement bird-friendly design measures, in consultation with the Town of Markham.

j) Contain a clause requiring the Owner to pay for off-site works and infrastructure within the Yonge-Steeles growth area that benefit or will benefit the Owner’s lands.

k) Contain a clause requiring the Owner to carry out an Environmental Site Assessment in accordance with the Environmental Protection Act and its regulations, to provide the cost of the peer review of all environmental reports, and to provide a Record of Site Condition for all lands to be conveyed to the Town.

l) Contain a clause whereby the owner agrees to maintain the future Yonge Street streetscape along the entire Yonge Street frontage of the site for a warranty period of two years.   At the time of execution of a site plan agreement, a separate maintenance agreement will be required to be executed with the Owner, the Town and the Region of York.  This agreement would be a tri-party agreement and would clearly identify responsibilities for the removal of snow, maintenance and replacement of trees, shrubs and groundcovers and the maintenance of any proposed irrigation systems, hard surfaces, planters and tree grates within the Yonge Street Boulevard.

m) Contain a clause whereby the owner agrees to maintain the Meadowview Road streetscape for a warranty period of two years.

n) Contain a clause whereby the owner agrees to enter into a Park Development and Delivery Agreement with the Town for parklands that are privately owned but publicly accessible to include matters such as: conveyance of parkland; public easements; financial arrangements including application of development charges and/or cash-in-lieu as applicable; maintenance obligations; preparation and approval of plans for park improvements; and timing and process for park delivery.

o) Contain a clause whereby the owner agrees to enter into a Maintenance, Easement and Continuing Indemnity Agreement with the Town for lands that will be owned by the Town as a strata land conveyance to include matters such as: conveyance of parklands; public easements; park improvements; performance and audit reports and reserve fund studies; other owner obligations related to the development, use maintenance, repair, restoration or reconstruction of any part of the parking garage or structure below the parklands; obligation to maintain insurance and any other obligations to indemnify and defend the Town.

p) Contain a clause whereby the owner agrees to become an active member of the “Smart Commute 404-7 Markham, Richmond Hill” Transportation Management Association (TMA). Smart Commute 404-7 TMA seeks to improve mobility and access in the Markham and Richmond Hill areas by coordinating and promoting transit, carpooling, ride matching, cycling and other programs aimed at managing transportation demand for member organizations.

Appendix ‘B’:

SCHEDULE “F”

THE REGIONAL MUNICIPALITY OF YORK CONDITIONS

Re: Site Plan Approval

1691126 Ontario Inc. (Liberty Development Corporation)

7161 & 7171 Yonge Street

Town of Markham

Our File No. SP-M-044-06

Redlined Site Plan Drawing No. SP-02, prepared by Kirkor Architects, dated July 20, 2009, forms part of this approval and is on file with the Commissioner of Transportation Services, and is subject to the following conditions.

PRE-APPROVAL CONDITIONS

Prior to Site Plan Endorsement, and thereby prior to the removal of any “H” hold, or issuance of any conditional, partial and/or final building permits by the Town of Markham, the Town will be in receipt of a clearance letter from the Region indicating that the following conditions have been met by the Owner to the Region’s satisfaction:

1. The Owner shall provide confirmation in writing, to the satisfaction of the Region, that adequate water and wastewater servicing capacity is available and allocated by the Town of Markham for the development proposed within this site plan approval.

2. The Owner shall submit a revised Site Plan Drawing to the Transportation Services Department which incorporates the Regional redline revisions to the satisfaction of the Region.

3. The Owner shall submit to the Transportation Services Department for their review and approval, a complete, up-to-date, site plan submission, including:

i) Noise Report

ii) Stormwater Management Report

ii) Site Servicing Plan and Drawings

iii) Grading and Landscape Drawings

4. The Owner shall submit to the Transportation Services Department for their review and approval, Engineering Drawings and/or an Electrical Design submission for all aboveground/underground works proposed within the existing and future Yonge Street and Steeles Avenue right-of-ways, including but not limited to:

i) Works at the intersections of Yonge Street at the proposed Site Driveway and Yonge Street at Meadowview Avenue, including works required to accommodate a fourth leg at the Site Driveway/Yonge Street intersection in the future, works related to the new traffic signal at the intersection of Yonge Street and the site driveway, works required to the Yonge Street Bridge structure north of the subject property, and streetscaping features, for the following two scenarios:

1. Existing Road Allowance Scenario (the “Existing Scenario”)

2. VIVA – Yonge Street Bus Rapid Transitway Scenario (the “BRT Scenario”)

ii) Works related to the proposed sanitary connection to the YDSS on Steeles Avenue.

5. The Owner shall submit to the Transportation Services Department, for review and approval, an estimate of all works to be undertaken within the Regional right-of-way for both the Existing Scenario and the BRT Scenario. Upon approval, the Owner shall deposit to the Regional Transportation Services Department, Development Approvals Section, payable to The Regional Municipality of York, security in the form of a Certified Cheque or Letter of Credit to the satisfaction of the Regional Commissioner of Finance in the amount sufficient to cover the costs of the required works for both the Existing Scenario and the BRT Scenario within the Yonge Street right-of-way and to secure the transfer of land, the execution of the encroachment agreements, and to ensure the provision of noise attenuation and transit related features on private property. This security shall be from the Owner and will be retained as a guarantee of good workmanship on the Regional right-of-way, to ensure timely progress and completion of construction, to rectify any construction damages, to satisfy liens, claims, fees and to ensure that the road surface and ditches are kept clear of dust, mud and refuse.

i) The security shall specify York Region File Number SP-M -044-06, the location of the site and the name and address of the Owner.

ii) Reductions in Letters of Credit for each scenario, to a minimum of 15 percent may be authorized after an inspection has been carried out [and after any land requirements have been conveyed to the Region and the solicitor's certificate of title for the conveyance submitted to the Region and the encroachment agreement executed]. The reduced balance will then be retained for a period of two years for maintenance and lien claim purposes. Prior to releasing any securities, the Region will require the Owner to provide a statutory declaration of payment of all outstanding invoices, and where noise wall, window and/or oversized forced air mechanical systems are required, these features shall be certified by a professional engineer to have been installed as specified by the approved Noise Study and in conformance with the Ministry of Environment guidelines). Also, prior to releasing any securities, the Region shall conduct a final inspection. If the Region issues to the Owner a deficiency list after the final inspection, then the Owner shall rectify the deficiencies within a maximum period of ninety (90) days of non-inclement weather. A day of inclement weather occurs when, in the Region’s sole opinion, the Owner and/or the Owner's contractor is prevented by inclement weather, for a period of at least six (6) hours in a working day from proceeding with at least sixty percent (60%) of normal labour on any component of deficiencies which, if delayed, will delay the completion of the deficiencies. If the Owner fails to rectify the deficiencies within this period, then the Region may draw upon any or all of the remaining securities, once this period has passed.

If capital funding for the construction of the subway on Yonge Street between Finch Avenue and Highway 7 is confirmed and the Region advises that the BRT Scenario will not be implemented, then the security for the BRT Scenario will be returned in full.

iii) The Owner acknowledges that the Region will carry out any work deemed necessary at the Owner's expense if such requirements are not carried out within 24 hours of notice being given to the Owner or the Owner’s Consulting Engineer or without any notice if, in the opinion of the Regional Commissioner of Transportation Services, it is required immediately. In the event that the Region must rectify any deficiencies, make any remedies or must carry out the cleanup of roads from mud, dust, refuse or debris, the Owner acknowledges that the Region shall charge the Owner, for each occurrence, a minimum of $1,000.00 or twice the actual cost to perform the work, whichever is greater.

iv) Owners who elect to submit a Letter of Credit as their guarantee shall advise their lending institution that the Region’s STANDARD DOCUMENTATION FOR LETTERS OF CREDIT shall be used.

6. The Owner shall forward a certified cheque to the Regional Transportation Services Department, Development Approvals Section, payable to "The Regional Municipality of York", representing the applicable development fees pursuant to the Region’s By-law No. A-0380-2006-049, as amended. The fee for site plan applications is $1,200 minimum or 7% of the estimated cost of works on the York Region right-of-way, whichever is greater.

7. The Owner shall arrange, to the satisfaction of the Transportation Services Department, for the preparation, review and deposit on-title of a reference plan describing the lands to be conveyed to the Region.

8. The Region requires the Owner to submit to it, in accordance with the requirements of the Environmental Protection Act and O. Reg. 153/04 Records of Site Condition Part XV.1 of the Act (as amended), a Phase I environmental site assessment prepared and signed by a qualified professional, of the Owner’s lands and more specifically of the lands to be conveyed to the Region (the “Assessment”). Based on the findings and results of the Assessment, the Region may require further study, investigation, assessment and delineation to determine whether any remedial or other action is required. The Assessment and any subsequent environmental reports or other documentation prepared with respect to the environmental condition of the lands to be conveyed shall be addressed to the Region and contain wording to the effect that the Region shall be entitled to rely on such reports or documentation in their entirety, and such reports or documentation shall be satisfactory to the Region.

The Owner shall also certify, in wording satisfactory to the Regional Transportation Services Department, that no contaminant, pollutant, waste of any nature, hazardous substance, toxic substance, dangerous goods, or other substance or material defined or regulated under applicable environmental laws is present at, on, in or under all lands to be conveyed to the Region (including soils, substrata, surface water and groundwater, as applicable): (i) at a level or concentration that exceeds the Environmental Protection Act O. Reg. 153/04 full depth generic site condition standards applicable to the intended use that such lands will be put by the Region at the time of conveyance or any other remediation standards published or administered by governmental authorities applicable to the intended land use; and (ii) in such a manner, condition or emanating from such lands in such a way, that would result in liability under applicable environmental laws. The Assessment, any subsequent environmental reports or other documentation and the Owner’s certification shall be done at no cost to the Region.

9. The Owner shall submit to the Regional Transportation Services Department, Development Approvals Section, a certificate of insurance on the Region’s form, completed to the satisfaction of the Region’s Manager of Insurance and Risk, naming The Regional Municipality of York as an additional insured with respect to the Commercial General Liability policy. The Owner shall maintain the insurance in effect until all site works have been completed and accepted by the Region. The certificate of insurance shall specify: for a liability insurance amount of not less than $5,000,000 per occurrence, and Non-Owned Automobile Liability and Owned Automobile Liability Insurance for limits of not less than $2,000,000 per occurrence for each. In addition, the Region requires confirmation of WSIB coverage. In the event that participation in Workers Compensation is not required or has been opted out of, the Region requires confirmation of Employer’s Liability in an amount not less than $2,000,000 per occurrence.

This certificate of insurance shall specify the Region’s File Number SP-M-044-06, the location of the site and the name and address of the Owner. The name, address and telephone number of the issuing company and/or agent must be shown on the certificate. In addition, a clause shall be added such that this policy shall be automatically extended in one year increments, until all site works have been completed and accepted by the Region, and that 30 days written notification be given to the Region by registered mail if this policy is to be cancelled or if coverage is reduced.

Further the Owner shall indemnify the Region against and hold the Region, its elected and appointed officials, employees, contractors and agents harmless from any and all liability for damages on account of injury to persons or damage to property resulting from or arising out of or in any way connected with the presence of the Owner, its servants, agents or employees, and persons duly authorized by the Owner, on the site or rights-of-way and shall reimburse the Region for all costs, expenses and any loss incurred by it in consequence of any claims, demands and causes of action which may be brought against it arising out of the presence of the Owner, its servants, agents or employees, and persons duly authorized by the Owner, on the site or the Regional rights-of-way.

10. Prior to the execution of the site plan agreement, the Owner agrees to submit applicable Construction Hoarding/Fencing plans to the Region, if Hoarding/Fencing within the Regional right-of-way will be needed. The approved Construction Hoarding/Fencing within the Regional right-of-way may require a separate encroachment agreement between the Region and the Owner. However, if the Hoarding/Fencing plans are submitted early to the Region prior to the execution of the site plan agreement, the encroachment conditions may become part of the site plan agreement, instead of being in a separate encroachment agreement.

11. Prior to the execution of the site plan agreement, the Owner must submit Shoring Anchor/Tie Back System plans, certified by a qualified professional engineer, to the Region. The approved Construction Shoring Anchor/Tie Back Systems within the Regional right-of-way will require an encroachment agreement between the Region and the Owner to be executed prior to the execution of the site plan agreement.

CONDITIONS TO BE COMPLIED WITH PRIOR TO SITE PLAN AGREEMENT EXECUTION

The following conditions shall be satisfied prior to or upon the execution of the site plan agreement:

12. Upon the execution of the site plan agreement, the Owner shall convey to the Region, the lands outlined on the approved Reference Plan. These lands shall be conveyed free of all costs and encumbrances, to the satisfaction of the Regional Solicitor.

13. Upon execution of the site plan agreement, the Owner shall provide a solicitor's certificate of title in a form satisfactory to the Regional Solicitor, at no cost to the Region with respect to the conveyance of the above noted lands to the Region.

14. Prior to the execution of the site plan agreement, the Owner shall submit drawings depicting the following to the satisfaction of the Region:

i) All existing woody vegetation within the Regional right-of-way.

ii) Tree protection measures to be implemented on and off the Regional right-of-way to protect right-of-way vegetation to be preserved.

iii) Any woody vegetation within the Regional right-of-way that is proposed to be removed or relocated. However, it is to be noted that tree removal within Regional right’s-of-way shall be avoided to the extent possible/practical. Financial or other compensation may be sought based on the value of trees proposed for removal.

iv) A planting plan for all new and relocated vegetation to be planted within the Regional right-of-way, based on the following general guideline:

Tree planting shall be undertaken in accordance with the Regional standards as articulated in Streetscaping Policy and using species from the Regional Street Tree Planting List. These documents may be obtained from the Forestry Section. If any landscaping or features other than tree planting (e.g. flower beds, shrubs) are proposed, they will require to be supported by a maintenance agreement, to be executed prior to the execution of the site plan agreement, between the Owner and the Region for the Owner’s maintenance of these features. In addition, the agreement should indicate that where the Owner does not maintain the feature to the Region’s satisfaction, the Owner will be responsible for the cost of maintenance or removal undertaken by the Region.

15. The Owner shall, prior to the execution of the site plan agreement, deliver to the Legal Services Branch of the Region a certified cheque in the sum of $700.00 made payable to The Regional Municipality of York, towards the legal and administrative expenses of the Region in the preparation and processing of this Agreement.

Conditions To Be SATISFIED prior to commencement of construction

The following conditions shall be satisfied prior to commencement of construction:

16. The Owner shall notify the Roads Branch of the Regional Transportation Services Department 48 hours in advance of any work commencing on the site or right-of-way and shall provide, in writing, 24 hour emergency telephone numbers for the Owner and any contractors or consulting engineers retained by the Owner.

Any notice to be delivered to the Region shall be delivered to the following address:

Office of the Commissioner of Transportation Services

The Regional Municipality of York

17250 Yonge Street, Box 147

Newmarket, ON L3Y 6Z1

Attention: Glen Cross

Development Construction Co-ordinator

17. The Owner shall obtain a Road Occupancy Permit from the Regional Transportation Services Department prior to commencing any work on the Regional right-of-way. The Road Occupancy Permit will be issued once the Owner has supplied proof that the Regional Finance Department is in receipt of securities and the certificate of insurance required herein. The completed Road Occupancy Permit is to be returned to the Roads Operations Group of the Regional Transportation Services Department. Please contact Darlene Robertson-Bootsma at (905) 895-1231 extension 5207 in this regard.

18. Prior to the commencement of any construction, the Owner agrees to submit to the Region a certificate from the Owner’s qualified consultant, identifying the source of any fill material that will be used on and/or adjacent to the Region’s existing and proposed right-of-way, including a soil testing certificate of analysis indicating that the fill material is free of any contamination and in accordance with all applicable Ontario standards, guidelines and regulations. If during the course of construction the source of fill is to be changed, then the Owner hereby agrees to ensure that the above certification is submitted to the Region for any new source of fill.

19. Prior to the commencement of any construction, a detailed Traffic Management Plan shall be prepared by the Owner and submitted to the Roads Branch for review and approval. If traffic conditions are severe, the Traffic Management Plan and the requirements below may need to be revised to mitigate the impact. Please note the following requirements of working within the Regional right-of-way:

i) no lane closures are permitted on weekdays between the hours of 7:00-9:30 A.M. and 3:30-6:00 P.M.;

ii) any lane closures or lane encroachments that occur must be signed in accordance with the Ontario Traffic Manual (OTM) Book 7 “Temporary Conditions”;

iii) safe pedestrian access must be maintained at all times by the Owner, including pedestrians with disabilities (blind, hearing impaired, on wheelchairs, etc.);

iv) a 24-hour contact shall be available throughout the duration of the project;

v) the characteristic and placement of all signs and traffic control or management shall conform to the standards of the Ontario Traffic Manual (OTM) Book 7 “Temporary Conditions” and as per the Occupational Health and Safety Act; and

vi) the manufacture and the erection of all signs for the Traffic Management Plan shall be the responsibility of the Owner.

20. The Owner shall contact Frank Badinski, Construction Coordinator at (905) 830-4444 extension 3047 and ensure the Construction Coordinator or his delegate is on site duringthe connection of the proposed sanitary connection to the YDSS on Steeles Avenue. Under no circumstances shall any construction related to this sanitary connection take place prior to the notification of and co-ordination with Frank Baldinski or his delegate.

21. The bus stop location determined during the design phase is subject to change. Prior to construction of the passenger standing area/shelter pad, the consultant needs to confirm with YRT the final bus stop location/requirements. The consultant is to contact the YRT facilities supervisor to confirm final details.

GENERAL CONDITIONS

22. The Owner acknowledges and agrees to provide the Region with satisfactory evidence that all of the requirements of the Municipal Class Environmental Assessment have been satisfied with respect to the proposed sanitary connection and related works.

23. The Owner shall be responsible for the cost and construction of all development related works within the Yonge Street and Steeles Avenue rights-of-way under the Existing Scenario and the BRT Scenario.

24. The Owner acknowledges and agrees that the only Regional access permitted to the site will be situated north of Meadowview/Doncaster Avenue, as shown on the approved plan. The existing access on Yonge Street shall be removed, and the boulevard shall be restored to its existing condition. The Owner also agrees that it shall not initiate any action, suit, or any other proceeding against the Region before any court or tribunal as a result of these restrictions of access to and from the site; including, but not limited to, any action for injurious affection.

25. The Owner agrees to provide temporary construction access to the site from Meadowview/Doncaster Avenue, at the location of the existing access.

26. The Owner acknowledges and agrees that no portion of the sanitary sewer system or connection(s) servicing this development will pass through, be contained, or have connection within the Yonge Street right-of-way.

27. Existing YRT/VIVA transit services operate on the following roadways in the vicinity of the subject lands:

· Yonge Street

· Meadowview/Doncaster Avenue

Concrete pedestrian access shall be provided from the internal site to roadways with transit. The access shall connect the buildings to the sidewalks along Yonge Street and along Meadowview/Doncaster Avenue.

The concrete pedestrian access shall be provided at no cost to York Region and concurrent with construction of necessary sidewalks. Sidewalks and concrete pedestrian access shall be provided in accordance with OPSD 310.010, 310.020, 310.030 and should be provided “at grade” (i.e. without stairs, inclines, etc.).

28. Subject to approval by YRT, passenger standing area and shelter pad shall be provided at the following location:

ON Street	Location	Standard
Meadowview/Doncaster Avenue	NE corner	YRT-1.02 or YRT-1.03

The passenger standing area/shelter pad shall be provided at no cost to York Region and concurrent with construction of necessary sidewalks.

29. The Owner shall agree that the passenger standing area/shelter pad shall be installed to the satisfaction of the area municipality and York Region Transit. Landscaping should not interfere with the bus stops, passenger standing areas, shelters or corner sightlines. Bus stops located in front of the employment areas shall be incorporated into the landscape design.

30. The Owner shall make provision for continuous flow-through circulation for YRT’s Mobility Plus specialized vehicles within the property. Since the subject site will likely become a destination for residents/visitors with disabilities, servicing provision for passenger boarding and disembarking shall be provided at/near the primary entrance of the facility. Internal driveways and designated pick-up areas should be identified and to facilitate movement and circulation of Mobility Plus smaller buses/vehicles. Due to safety concerns, Mobility Plus fleet will not manoeuvre reverse direction.

31. The Region anticipates the construction of the VIVA – Yonge Street Bus Rapid Transitway in the near future. In the event the construction of the Transitway precedes the works associated with the proposed development, both parties may agree to have the development related works within the Yonge Street corridor constructed by the Region on behalf of the Owner. The actual costs of these works, based on the Region’s contract prices, will be invoiced to the Owner. The Owner will be responsible to pay for the actual costs plus an administration fee of 15 percent of the actual costs.

In the event that the Owner requires works prior to the completion of the VIVA – Yonge Street Bus Rapid Transitway project, the Owner shall implement the construction of the road and access improvements to the satisfaction of the Regional Transportation Services Department and its contractors in compliance with the requirements of the Occupational Health and Safety Act, relating to constructor co-ordination issues. The Owner acknowledges that any works completed within the Yonge Street right-of-way prior to the completion of the VIVA- Yonge Street Transitway may be temporary in nature and any throw away costs will be the sole responsibility of the Owner.

32. The Owner shall be responsible for decommissioning any existing wells on the Owner's lands in accordance with all applicable provincial legislation and guidelines and to the satisfaction of the Town of Markham.

33. For all new buildings, the Owner shall install large illuminated street number signs that are easily and clearly visible, at wide angles, to approaching vehicles. Advertising pylons shall have the street number displayed at the top and shall be illuminated.

34. The Owner agrees that no portion of the building structure above or below ground or associated footings and construction shoring system shall encroach within the Regional right-of-way and or 0.3 metre reserve. Any unauthorized encroachment of the building structure above or below ground or associated footings and construction shoring system shall be removed at the Owner’s expense.

35. All exterior walls of building(s) shall be set back a minimum of 2 metres from the ultimate Regional right-of-way in order to avoid steps, retaining walls or doorways that may encroach onto the Regional right-of-way.

36. The Owner agrees that all works within the Regional right(s)-of-way shall comply with the Region’s Standard Development Construction Practices for Work on Regional Roads.

37. The Owner agrees that all curb and gutter within the Regional right-of-way shall be constructed to O.P.S.D. 600.04 with provision for dropped curbs at the locations of all pedestrian crossings. Concrete curb O.P.S.D. 600.11 shall be used in private entrances.

38. The Owner agrees that all boulevards disturbed during construction shall be restored to their original or better condition with minimum 100-mm of topsoil and sod. If the boulevard is not restored to its original or better condition, the Region may draw down on the Owner’s security posted pursuant to this agreement to carry out the work required to so restore the boulevard.

39. The Owner agrees that the Yonge Street right-of-way shall be free of all visibility obstructions of any sort including earth berms, landscaping and utility structures, construction equipment, vehicles and materials not immediately required for the construction of site works.

40. If this site requires any service installation, connection or relocation, including hydro, telecommunications, gas, cable, water, sewers, etc. within the Regional right-of-way, the Owner must inform the affected utility company of the requirement to obtain approval from the Regional Transportation Services Department. The Owner shall also contact Steve Murphy at (905) 803-4444 extension 5784.

41. The Owner shall be responsible for determining the location of all utility plants within the Regional right-of-way and for the cost of relocating, replacing, repairing and restoring any appurtenances damaged during construction of the proposed site works. The Owner shall review, or ensure that any consultants retained by the Owner, review, at an early stage, the applicable authority’s minimum vertical clearances for aerial cable systems and their minimum spacing and cover requirements. The Owner shall be entirely responsible for making any adjustments or relocations, if necessary, prior to the commencement of any construction.

42. The Owner agrees that the work(s) authorized by the Region within the Regional right-of-way pursuant to this site plan approval shall be carried out in accordance with the approved drawings, terms and conditions as set out by the Regional Commissioner of Transportation Services. The Owner also agrees that it shall be solely responsible for all aspects of such work(s), including without limitation, responsibility for obtaining and complying with all permits, approvals and licences required from applicable governmental agencies (e.g., ministries, conservation authorities, the Region and the Town of Markham) with respect to the construction of such work(s).

43. The Owner agrees to indemnify and hold harmless the Region, its elected and appointed officials, employees, contractors and agents against any and all actions, causes of action, suits, orders, proceedings, claims, demands and damages whatsoever which may arise either directly or indirectly by reason of any of the work undertaken by or on behalf of the Owner with respect to this development proposal, including without limitation, any work undertaken within the Regional right-of-way.

44. The Owner shall be responsible for compliance with all applicable statutes and regulations, including without limitation, the Construction Lien Act, the Occupational Health and Safety Act, the Fisheries Act (Canada), the Environmental Protection Act, and the Ontario Water Resources Act. The Owner, for the purposes of the Occupational Health and Safety Act, shall be designated as a Constructor and shall assume all of the responsibilities of the Constructor, as set out in that Act and its regulations. The Owner shall carry out or cause to be carried out all construction work in accordance with the requirements of the Act and regulations for construction projects. In the event of a construction safety violation the Region shall charge the Owner, for each occurrence, a construction safety inspection violation fee of $1,000.00.

45. The Owner agrees that none of the approved accesses onto the Regional right-of-way (the “Approved Accesses”) shall be opened up to public traffic until all works are fully completed to the satisfaction of the Region including, but not limited to, any final restoration works. The Owner acknowledges and agrees that if any of the Approved Accesses are opened up to public traffic prior to the full completion of all works to the satisfaction of the Region, the Region may close any of the opened up Approved Accesses at the Owner's expense, until the full completion of the works to the satisfaction of the Region.

46. Before the financial security deposit is released, “As-Built” digital files, “As-Built” drawings and a certification letter shall be provided by the Owner’s Professional Engineer. The certification letter shall specifically confirm that the works authorized pursuant to this site plan approval, including works within the Regional right-of-way, have been constructed in accordance with the final approved drawings and the terms and conditions of all permits, approvals and licences required for the works

47. The Region, in connection with this approval, has reviewed the technical submission, including but not limited to the engineering drawings submitted therewith. The Region makes no guarantees, warranties or representations as to the completeness and/or accuracy of the submission, and specifically does not certify the completeness or accuracy of any aspect or component of the submission. The professional engineer who stamped, signed and dated the submission is responsible for all aspects of its quality, completeness and accuracy.

48. The Owner agrees to satisfy all other conditions and requirements of the Regional Transportation Services Department, pertaining to property, works within or adjacent to the Regional right-of-way and financial matters, prior to the Region releasing securities.

49. These conditions of approval are applicable for a maximum period of eighteen months from August 20, 2009. Any extension to this approval period requires the consent of the Region and shall be requested in writing by the Owner. Furthermore, all construction activities, on the Regional right-of-way, including but not limited to, final restoration works, shall be completed within a maximum period of three months from the date of commencement of construction. Any requests for extension of this timeline, requires the consent of the Region and must be requested in writing by the Owner.