Report to: Development Services Committee Report Date: December 14, 2009

SUBJECT: Recommendation Report

Applications for Industrial Draft Plan of Subdivision and Zoning By-law Amendment by 11160 Woodbine Avenue Limited and 11258 Woodbine Avenue Limited (Rice Group)

West side of Woodbine Avenue, north of Elgin Mills Road (11160 Woodbine Avenue and 11258 Woodbine Avenue)

Highway 404 North Planning District (Employment Lands)

File Nos. SU 07 128278 & ZA 07 128288

PREPARED BY: Geoff Day, Planner – West Development Team ext. 3071

RECOMMENDATION:

1. THAT the report dated December 14, 2009, entitled “Recommendation Report - Applications for Industrial Draft Plan of Subdivision and Zoning By-law Amendment by 11160 Woodbine Avenue Limited and 11258 Woodbine Avenue Limited (Rice Group) - West side of Woodbine Avenue, north of Elgin Mills Road (11160 Woodbine Avenue and 11258 Woodbine Avenue) - Highway, 404 North Planning District (Employment Lands), File Nos. SU 07 128278 & ZA 07 128288” be received;

2. THAT the record of the public meeting held on June 17, 2008, relating to the applications for Zoning By-law Amendment and Draft Plan of Subdivision Approval by 11160 Woodbine Avenue Limited and 11258 Woodbine Avenue Limited (Rice Group), West side of Woodbine Avenue, north of Elgin Mills Road (11160 Woodbine Avenue and 11258 Woodbine Avenue) - Highway, 404 North Planning District (Employment Lands), be received;

3. THAT Draft Plan of Subdivision 19TM-07002 prepared by Masongsong Associates Engineering Limited, identified as Project Number 07331 dated October 22, 2009, be approved subject to conditions of draft plan approval set out in Appendix ‘A’ to this report;

4. THAT the draft amendments to Zoning By-laws 304-87 and 177-96 attached to this report as Appendices B and C, be finalized and enacted;

5. AND THAT the draft plan approval for plan of subdivision 19TM-07002 will lapse after a period of three years commencing on the date of issuance of draft plan approval, in the event that a subdivision agreement is not executed within that period;

6. THAT the Director of Planning and Urban Design be directed to issue draft approval when the following requirements have been complied with:

a. That the Owner enter into a No Presale Agreement with the Town applying specifically to Blocks 9-13 of draft plan 19TM-07002, which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the subject blocks, until the following conditions have been met:

Either

1 i) A Feasibility Study/Class Environmental Assessment confirming the need and justification for the potential crossing of Highway 404 has been established and approved by the Region of York, the Town of Richmond Hill, the Town of Markham and the Ministry of the Environment and the appeal period has expired without a Part 2 Order (Bump-up);

ii) The preliminary alignment of the Highway 404 crossing and applicable right-of-way has been established by the Town of Markham in consultation with the Region of York; and,

iii) The draft plan of subdivision has been revised to incorporate any changes relating to the Highway 404 Flyover right-of-way and adjacent blocks resulting from the approved Class Environmental Assessment, to the Town’s satisfaction.

2. i) Written confirmation from the Region of York that the Feasibility Study/Class Environmental Assessment referred to Section 6.a.1.i) has not established the need and justification for a Highway 404 crossing in this location.

3. i) Should the Feasibility Study/Class Environmental Assessment Study not be approved by December 31, 2011, the No Presale Agreement may be lifted on the subject blocks and released for registration.

b. That the Owner provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law; and,

c. That the Owner execute a Tri-Party Agreement with the Town and the Region by January 31, 2010, to the satisfaction of the Town Solicitor and the Director of Engineering for the construction, funding and road dedication of phase 2b, 3a & 3b of the Woodbine By-Pass.

7. THAT the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-07002; and,

8. AND FURTHER THAT Staff be authorized and directed to do all things necessary to give effect to this resolution.

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

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

PURPOSE:

This report presents an overview and evaluation of the proposed subdivision submitted by 11160 Woodbine Avenue Limited and 11258 Woodbine Avenue Limited (Rice Group). The report recommends approval of the draft plan of subdivision, subject to conditions. The report also recommends approval of zoning by-law amendments to permit the proposed development.

BACKGROUND:

The 19.519 ha (48.23 ac.) subject lands are located within the Highway 404 North Planning District, on the west side of Woodbine Avenue, north of the Cathedral Community and south of 19^th Avenue. The vacant site was actively farmed until 2008. A north-south hedgerow bisects the subject lands and is discussed later in this report. In a letter dated September 12, 2006, the TRCA has indicated that no significant natural features are located onsite.

Surrounding uses include:

To the west, across Highway 404, are lands within the Town of Richmond Hill, designated Rural Residential and Open Space and planned for medium density Residential.
To the east, across Woodbine Avenue, are lands that are presently being farmed.
To the south are vacant lands also subject to a draft plan of subdivision application. These lands are designated for residential and employment uses.
Presently under construction to the north is the corporate head office, research and parts and distribution plant for Honda Canada.

Proposed Development

The owner is proposing an Industrial Subdivision on the subject lands. The following table summarizes the proposed subdivision:

TABLE B	BLOCKS	HECTARES	ACRES
Business Park	1 to 6	11.379	28.117
Business Corridor	7	1.926	4.76
Community Amenity Reserve Blocks	8 9-13	0.180 2.139	0.444 5.285
Stormwater Management Ponds	14-15	2.014	4.976
Roads @ 23m R.O.W.		1.881	4.647
TOTAL		19.519	48.23

Any future development applications will be subject to Site Plan Approval and shall adhere to the guidelines set out in the approved Community Design Plan.

Official Plan and current zoning

The subject lands are designated Business Park Area, Business Corridor Area and Community Amenity Area in the Highway 404 North Planning District Secondary Plan (OPA 149). The proposed subdivision complies with OPA 149 and the proposed employment blocks are appropriate to accommodate the uses provided for in the Secondary Plan.

The lands are currently zoned Agriculture One (A1) by By-law 304-87, as amended. Zoning by-law amendments (Appendices B&C) are required permit the uses provided for in the Official Plan and Secondary Plan.

Public Meeting held

On June 17, 2008, a public meeting was held to obtain input from the public. No comments or concerns were raised by the public or the committee members at the meeting.

DISCUSSION:

Overpass for Highway 404 requires further study

The Secondary Plan schematically shows a proposed mid block Major Collector Road overpass of Highway 404 within the proposed plan of subdivision. The Secondary Plan indicates that the location and configuration of the lands to be designated may be adjusted, once determined through a Feasibility Study/Class Environmental Assessment, without further amendment to the Secondary Plan.

The Region of York has indicated their interest in preserving a route for this fly-over within the subject lands. The Town of Markham at its own cost reviewed the feasibility of the crossing and provided a preliminary plan and profile of an overpass to the Region. The Region intends to undertake a Feasibility Study/Class Environmental Assessment to determine the preferred road alignment and the lands that need to be protected for the overpass. Until the need and justification for the potential crossing of Highway 404 has been established through a Feasibility Study/Class Environmental Assessment by the Region of York, the precise extent of the subject lands to be protected for this future overpass cannot be determined. In a letter dated January 9, 2008 by the Director of Engineering a request was made to the Region to finalize the Highway 404 crossing and land requirements by May 1, 2009. To date the Region has not proceeded with the appropriate studies.

As of the date of this report, formal conditions of draft approval have not been received from the Region. Therefore, further revisions to the draft plan may be required as a result of the Region’s conditions. Preliminary discussions with the Region identified that a 23 metre right-of-way was not sufficient if the mid block collector road were to proceed (Street C on Figure 4) and that a right-of-way of 27 metres would be required. Blocks 11-13 is the additional 4 metre portion of the required 27 metre right-of-way. If, through the Feasibility Study/Class Environmental Assessment it is determined that the mid block collector road is not required, a 23 metre right-of-way would be sufficient and Blocks 11-13 would be released for registration once conditions of approval have been satisfied.

In order to proceed with draft plan approval, yet at the same time protect for possible revisions to the draft plan to reflect changes in the alignment of the flyover, staff propose the following general approach for the draft plan approval of Blocks 9-13 in the subdivision:

Draft plan approval will not be issued until the owner enters into an agreement not to pre-sell Blocks 9-13. This agreement will remain in effect until the Feasibility Study/Class Environmental Assessment has been approved by the Region of York, the Town of Richmond Hill, the Town of Markham and the Ministry of the Environment; the preliminary alignment of the Highway 404 crossing and right-of-way of Street ‘C’ has been established by the Town of Markham in consultation with the Region of York; the owner has revised the plans to the satisfaction of the Town of Markham and the Region of York to incorporate the recommendations of these studies; or, the Region confirms that the flyover is not required. However, should the Feasibility Study/Class Environmental Assessment not be approved by December 31, 2011, the No Presale Agreement may be lifted on the subject blocks.
The subject blocks will not be released for registration until the above conditions have been met; and,

A Hold (H) provision be placed on the above-noted blocks as part of the approved zoning by-law amendment, and that the H not be removed until the above conditions have been met. The draft zoning by-law amendment, attached as Appendix ‘C’, places these blocks under a hold provision, and establishes appropriate conditions for lifting the hold.

Southern extension of Honda Boulevard to the By-pass is not incorporated into the draft plan

Roads are normally dedicated to the Town through the subdivision process. However, since construction of the Honda Canada corporate head office preceded the subject plan of subdivision, the current applicants have agreed to construct Honda Blvd. in advance of the registration of this draft plan. To expedite and facilitate the construction of Honda Blvd, the proposed subdivision to the south known as Vetmar has conveyed their portion of the right-of-way to 11160 Woodbine Avenue Limited and 11258 Woodbine Avenue Limited (Rice Group) by severance. The full length of this road will be dedicated to the Town once it is constructed through the “Honda Boulevard Construction Agreement”. This agreement was executed May 5, 2008. It is required that the entire right-of-way will be dedicated to the Town by the applicants and constructed to coincide with the occupancy of the Honda corporate head office.

Woodbine By-Pass

Prior to issuance of Draft Plan Approval of this and the Vetmar draft plans of subdivision to the south, both developers will be required to execute a Tri-Party Agreement with the Town and the Region for the funding, construction and road dedication of Phases 2b, 3a, & 3b of the By-Pass. The Town has advised the applicant that this agreement must be executed by January 31, 2010.

The community-wide background studies have been approved by the appropriate agencies and Town Departments

The Secondary Plan requires that the following background studies be prepared prior to any draft plan approval in the 404 North Planning District:

· Master Environmental Servicing Plan

· Streetscape design study and open space master plan

· Master servicing study

· Environmental Management Plan

· Tree Inventory and Conservation Plan

· Traffic Impact Study

· Phase 1 Environmental Site Assessment

· Geotechnical Report

· Hydrogeological Study

· Stormwater Management Study

· Archaeological Assessment

· Tri-party agreement for construction of the Woodbine By-pass

The following studies have been approved by the appropriate outside agencies and Town Departments:

· Traffic Impact Study

· Phase 1 Environmental Site Assessment

· Geotechnical Report

· Hydrogeological Study

· Archaeological Assessment

· Streetscape design and open space master plan

The following studies have been submitted to the Town and are presently under review:

· Master Environmental Servicing Plan

· Master servicing study

· Environmental Management Plan

· Tree Inventory and Conservation Plan

· Stormwater Management Study

· Tri-party agreement for construction of the Woodbine By-pass

Staff anticipate final submissions of these studies in the near future and have required their approval in the draft plan conditions.

Parkland dedication

There is no parkland provided within this subdivision. Parkland requirements are being satisfied by the provision of cash-in-lieu of parkland based on 2% of the land area for this draft plan of subdivision. The value of cash-in-lieu will be based on an appraisal submitted by an accredited (AACI) appraiser with the Appraisal Institute of Canada. Cash-in-lieu will be required at the time of execution of the subdivision agreement.

Existing hedgerow

Due to the central location of the north-south hedgerow and the trees that were identified in it, the preservation of the hedgerow in it’s entirely will not be possible. Through the tree preservation plan (Condition 3), the trees that can be preserved will be identified. In addition, Staff have included a requirement in the draft conditions that the Owner replace trees to be removed at the site on the basis of the following:

1. Trees between 20cm and 40cm shall be replaced at a ratio of 2:1.

2. Trees over 40cm in Diameter at Breast Height (DBH) shall have an individual valuation submitted to the Town by an International Society of Arborists (ISA) certified Arborist in accordance with the Council of Tree and Landscape Appraisers (CTLA) Guide for Plant Appraisal (2000)

3. Where a site does not allow for 2:1 replacement, the Town will require a credit for tree planting on alternate sites. Tree replacement must occur within 5 years of tree removal.

CONCLUSION:

Staff recommend that Council endorse the draft plan of subdivision and zoning, subject to the draft conditions set out in this report which will include additional conditions by the Region of York and the Toronto & Region Conservation Authority.

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed applications align with the Town’s strategic priorities of Growth Management and Transportation. Draft plan approval and rezoning of these lands to permit their development as a Business Park Area will contribute to the Town’s inventory of employment lands along the Highway 404 corridor, in a strategic location. With the planned infrastructure improvements in this area, and the recent approval of the Honda Canada head office to the north, these lands are strategically located within a prime employment area. The plan adds to the local and regional road network in this area, including a portion of the Woodbine Avenue By-pass. The potential road crossing of Highway 404 needs to be considered in the context of the overall transportation requirements in this area.

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications have been reviewed by various Town departments and external agencies. Requirements of the Town and external agencies will be reflected in the conditions of draft plan of subdivision approval and the implementing zoning by-law amendments.

_____________________________ _______________________________

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

Senior Development Manager Commissioner, Development Services

ATTACHMENTS:

Figure 1 - Location Map	Appendix A – Conditions of Draft Plan of Subdivision
Figure 2 – Area Context/Zoning	Appendix B – Draft amendments to By-law 304-87
Figure 3 – Aerial Photo	Appendix C – Draft amendment to By-law 177- 96
Figure 4 - Proposed Plan of Subdivision

“THE CONDITIONS OF THE COUNCIL OF THE TOWN OF MARKHAM TO BE SATISFIED PRIOR TO RELEASE FOR REGISTRATION OF PLAN OF SUBDIVISION 19TM-07002 (11160 Woodbine and 11258 Woodbine Avenue Limited) ARE AS FOLLOWS”

1. General

1.1 Approval shall relate to Draft Plan of Subdivision 19TM-07002 prepared by Masongsong Associates Engineering Limited, identified as Project Number 07331 dated October 22, 2009.

1.2 The Owner acknowledges that revisions to the draft plan of subdivision may be required in order to meet the requirements of Condition 16 and 17, if necessary, to the satisfaction of the Region of York and the Toronto & Region Conservation Authority.

1.3 a) The Owner acknowledges and agrees that revisions to the draft plan of subdivision may be required to incorporate the need for property protection of a future Highway 404 crossing and widened Street ‘C’. These revisions shall be based on recommendations of approved studies to be prepared by the Region of York.

b) The Owner acknowledges and agrees that Blocks 9 to 13 inclusive, may not be released for registration until:

Either

ii) The preliminary alignment of the Highway 404 crossing and applicable right-of-way has been established by the Town of Markham in consultation with the Region of York;

2. i) Written confirmation from the Region of York that the Feasibility Study/Class Environmental Assessment referred to Section 1.3.1.i) has not established the need and justification for a Highway 404 crossing in this location.

3. i) Should the Feasibility Study/Class Environmental Assessment Study not be approved by December 31, 2011, the subject blocks may be released for registration.

1.4 Prior to release for registration of the draft plan, the Owner shall submit a concept plan for the lands bounded by Woodbine By-Pass, Victoria Square Boulevard and Woodbine Avenue, and the lands adjacent to the east side of Woodbine Avenue to ensure orderly development of the land and adequate vehicular access, and shall make the necessary revisions to the draft plan, to the satisfaction of the Town.

1.5 This draft approval shall apply for a maximum period of three (3) years from date of issuance by the Town, and shall accordingly lapse on December 14, 2012, unless extended by the Town upon application by the Owner.

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

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

1.8 The Owner acknowledges and agrees that the draft plan of subdivision and associated conditions of draft approval may require revisions, to the satisfaction of the Town, TRCA and Region to implement or integrate any recommendations resulting from studies required as a condition of draft approval.

2. Roads

2.1 The road allowances within the draft plan shall be named to the satisfaction of the Town and the Region of York.

2.2 The road allowances, including Blocks 11-13 inclusive if required under condition 1.3, within the draft plan shall be dedicated as public highway, free of all costs and encumbrances to the satisfaction of the Town of Markham.

2.3 Prior to release for registration of the draft plan, the Owner, in consultation with the adjacent land owner to the south, shall provide detailed design of the intersection at Woodbine By-Pass, Street C (23.0m ROW with 4.0m wide Reserve Block if required under condition 1.3) and Victoria Square Boulevard (23.0m ROW), to the satisfaction of the Director of Engineering.

2.3 The Owner shall covenant and agree in the subdivision agreement that the public highways shall be designed, secured and constructed in accordance with established municipal standards to the satisfaction of the Director of Engineering.

2.5 The Owner shall convey, upon registration of the plan of subdivision, 0.3m reserves as required by the Town of Markham or other agencies free of all costs and encumbrances, to the satisfaction of the Town of Markham.

2.6 The Owner shall covenant and agree in the subdivision agreement to provide temporary turning circles and any necessary easements where required at their cost. The Owner shall also covenant and agree in the subdivision agreement to remove them and restore the streets to their normal condition at their cost when required by the Town, to the satisfaction of the Town (Commissioner of Development Services). The design of the temporary turning circles, and any implications on surrounding land use, shall be addressed in the subdivision agreement to the satisfaction of the Town.

2.7 The Owner shall covenant and agree in the subdivision agreement to obtain Region of York approval to provide direct construction access from any Regional roads and to provide the Town with a copy of this approval.

2.8 The Owner shall covenant and agree in the subdivision agreement that the Owner will make best efforts that no construction traffic shall be allowed through the intersection of Woodbine Avenue and Elgin Mills Road.

2.8 The Owner acknowledges and agrees that the road allowances and intersection configuration within the draft plan shall have right-of-way widths satisfactory to the Town in accordance with the Internal Traffic Impact Study.

2.9 The Owner covenants and agrees in the subdivision agreement that 86% of the cost of widening the Multi-Use-Pathway (from a 1.5m wide sidewalk to a 3.0m wide MUP) along the Woodbine By-Pass is to be funded by the owner to the satisfaction of the Director of Engineering.

2.10 The Owner covenants and agrees in the subdivision agreement to provide land for a permanent turning circle on Block 8 at the northern terminus of Old Woodbine Avenue if required, to the satisfaction of the Director of Engineering.

3. Tree Preservation Plan and Analysis Report

3.1 The Owner shall submit an overall tree preservation plan along with an analysis report, which has been prepared by a qualified Landscape Architect in good standing with the O.A.L.A., or a certified Arborist, to the satisfaction of the Commissioner of Development Services, prior to site alteration approval. The tree preservation plan shall be based on information taken from a registered survey plan, showing the exact location of the trees to be preserved and trees to be removed within 6.0m of property boundaries, existing elevations at the base of trees, location of protective hoarding, final grading, proposed municipal services and utilities, and conceptual building envelopes and driveway locations.

3.2 The Owner shall agree to identify all trees which are greater than 20cm with a tag number on the preservation plan and referenced to the Preservation and Analysis Report. Existing grades are required to be indicated at the base of trees. A corresponding identification chart with the tag number, species, size, condition rating, comments and recommendations should also be included.

3.3 The Owner shall covenant and agree in the subdivision agreement to provide a letter of credit to secure preservation of trees.

3.4 The Owner shall agree to replace trees to be removed at the site on the basis of the following:

1) Trees between 20cm and 40cm shall be replaced at a ratio of 2:1.

2) Trees over 40cm in Diameter at Breast Height (DBH) shall have an individual valuation submitted to the Town by an International Society of Arborists (ISA) certified Arborist in accordance with the Council of Tree and Landscape Appraisers (CTLA) Guide for Plant Appraisal (2000).

3) Where a site does not allow for 2:1 replacement, the Town will require a credit for tree planting on alternate sites. Tree replacement must occur within 5 years of tree removal.

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

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

3.7 Prior to registration of the first phase, the Owner shall provide documentation for the natural features identified by the town of Markham Official Plan amendment No. 52(Natural features). This documentation is to show the mapping of the drip line by survey, an assessment of the possible impacts from development of the lands surrounding the designated areas, preparation of a natural features management plan, safeguards to preserve the woodlot and valley land features and mitigating and restorative measures required as a result of the proposed development.

4 Streetscape and Landscape Plans

4.1 Prior to final approval of the draft plan, the Owner shall submit landscape plans based on the approved OPA 149 Open Space and Streetscape Master plan, to the satisfaction of the Town. These plans are to be prepared by a qualified landscape architect in good standing with the O.A.L.A. and shall include the following:

a) streetscape plans, with a maximum space of 10 metres between trees. The size, spacing and species selected shall be to the satisfaction of the Town (Commissioner of Development Services).

b) a second row of street trees is to be planted adjacent to the Honda Blvd. right-of-way on future privately owned lands. These trees will be required through future site plan agreements for these properties. This requirement should be included in future purchase and sale agreements for individual properties abutting Honda Blvd.

c) 1.5 metre high black vinyl chain link fencing where industrial blocks abut woodlots, open space blocks, storm water management ponds, agricultural lands and the Highway 404.

d) 1.8 metre high wood screen fence where industrial blocks abut existing residential or commercial lands.

iv) noise attenuation fencing in accordance with the approved noise study.

v) review of any parks and open space plans to be used for promotional purposes.

vi) any other landscaping as determined by the Community Design Plan

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

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

5. Parks and Open Space

5.1 The Owner shall convey blocks 14 and 15 to the Town for open space purposes, free of all costs and encumbrances, upon registration of the plan of subdivision. The Blocks shall be conveyed in a physical condition which is satisfactory to the Town.

5.2 Cash-in-lieu of parkland will be required and shall be based on 2% of the land area for this draft plan of subdivision. The value of cash-in-lieu will be based on an appraisal submitted by an accredited (AACI) appraiser with the Appraisal Institute of Canada.

5.3 Prior to the registration of the first phase, the Owner agrees to convey to the Town, free of all costs and encumbrances, the open space blocks within this draft plan. The Owner acknowledges and understands that these conveyances shall not comprise part of the required dedication for park purposes. These Blocks shall be conveyed in a physical condition which is satisfactory to the Town.

5.4 The Owner shall covenant and agree to rough grade, topsoil, seed and maintain (free of stock piles and debris) all park blocks and vacant lands within the subdivision to the satisfaction of the Town. The park blocks shall be maintained until such time as the parks have been constructed and assumed by the town for maintenance. Other vacant blocks shall be maintained until such time as the ownership of the blocks has been transferred. No stockpiling of materials, including topsoil and fill, shall occur on any lands to be conveyed to the Town. Topsoil stockpiling shall be limited to areas in a second or subsequent phase of subdivision build-out.

5.5 The Owner acknowledges that should these works not be completed and maintained to the satisfaction of the Commissioner of Development Services, the Town will do the work as required and draw on the letters of credit for all costs so incurred plus 10% for contract administration.

5.6 The Owner shall covenant and agree that provision shall be made in the subdivision agreement to post approved copies of the Community Design Plan Open Space Plans, Park Development Concept Plans and the Conceptual Facility Fit Plan for the parks and school campus in all sales offices for dwelling units within the draft plan of subdivision.

5.7 The owner agrees to construct a 3.0m wide trail around stormwater management pond located on Block 7 to the satisfaction of the Town.

6 Stormwater Management

6.1 The Owner shall incorporate the requirements and criteria of the approved Stormwater Management Study of 404 North Secondary Plan Area (OPA 149) prepared by SCS Consulting Group Ltd., into the draft plan and subdivision agreement.

6.2 The Owner acknowledges and agrees that the Master Environmental Servicing Plan (MESP) has not been approved by the Town and that the recommendations of the approved MESP shall be reflected in the Stormwater Management Study. The Owner further agrees to make any revisions to the draft plan that may be required to achieve the recommendations of the MESP and revised Stormwater Management Study.

6.3 Prior to release for registration of the draft plan, the Town and the Toronto and Region Conservation Authority shall approve a Stormwater Management Study, prepared by a qualified engineer on behalf of the Owner, detailing the provision of water quality and quantity management facilities, hydraulic grade lines, overland flow routes, and erosion and siltation controls for the draft plan. The Owner acknowledges and agrees that they will be required to construct the proposed stormwater management facilities and overland routes, provide any easements or lands both internal or external to the subdivision for stormwater and overland flow purposes, and to revise the draft plan accordingly, as may ultimately be required.

6.4 Upon registration of the plan of subdivision, the Owner shall convey all necessary Blocks or transfer easements to the Town as determined by the Town for stormwater management purposes, including overland flow routes, free of all costs and encumbrances, in accordance with the recommendations of the Stormwater Management Study, to the satisfaction of the Town and the TRCA.

6.5 Prior to registration of the plan of subdivision, the Owner shall make arrangements with the adjacent owner to the south to complete the construction of the stormwater management pond and to provide an easement to the stormwater management pond block to the south of Block 14, to the satisfaction of the Director of Engineering.

6.6 The Owner shall covenant and agree in the subdivision agreement that Block 7 shall not be released for registration and shall remain as a stormwater management pond until the permanent stormwater management pond has been constructed in a location as recommended by the approved MESP and accepted by the Director of Engineering. The Owner shall further agree in the subdivision agreement that a temporary easement be conveyed to the Town for Block 7 and will not be released until the permanent stormwater management pond has been constructed.

6.7 The Owner shall covenant and agree in the subdivision agreement to prepare a Watercourse Monitoring Program, as per the requirements of the Town’s Watercourse Monitoring Master Plan, for review and acceptance by the Director of Engineering. The Owner shall implement the accepted Watercourse Monitoring Program and any subsequent addenda or reports accepted by the Director of Engineering. Notwithstanding the above provisions, the Owner has the option to pay a cash-in-lieu amount towards a Town wide monitoring program administered by the Town. If the Owner exercises this option, the Owner shall pay to the Town $200 per gross area of the Plan of Subdivision in hectares, being one time payment for a Town wide monitoring program. The Owner shall implement, to the satisfaction of the Director of Engineering, the recommendations of the Final Report regardless of whether the Town or the Owner conducted the monitoring program.

6.8 The Owner shall incorporate the requirements and criteria from the approved Water Balance Study into the draft plan and provide for same in the subdivision agreement.

7 Municipal Services

7.1 Prior to release for registration of the draft plan, the Owner shall prepare, to the satisfaction of the Town, a Functional Servicing Report, in accordance with the approved Master Servicing Plan for 404 North Secondary Plan Area (OPA 149) prepared by SCS Consulting Group Ltd., to determine the infrastructure required for all municipal services internal and external to the plan of subdivision, including but not limited to, sewers, water mains, and roads. Any requirements resulting from this Report shall be incorporated into the draft plan and provided for in the subdivision agreement.

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

7.3 Prior to release for registration of the draft plan, detailed engineering drawings shall be provided by the Owner in accordance with all technical studies and submissions, which will include, but not be limited to grading control plans, plan and profile drawings of all underground and aboveground services, general plans, drainage plans, composite utility plans, stormwater management detail plans, and any other plans as required to the satisfaction of the Director of Engineering.

7.4 The Owner shall covenant and agree in the subdivision agreement that the public highways, curbs, gutters, sidewalks, underground and aboveground services, street lights, street signs, etc., shall be designed in accordance with the Town’s design criteria, standards and general engineering principles and established municipal standards to the satisfaction of the Director of Engineering.

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

7.6 The Owner shall prepare and submit an analysis of water supply and pressures for the internal water system to the satisfaction of the Director of Engineering, and comply with any applicable requirements, conditions or assessed costs established by the Town, the Region of York or any other authorized agencies prior to the registration of any portion of the draft approved plan.

7.7 The Owner shall covenant and agree in the subdivision agreement that prior to any construction activities the Owner shall prepare a Well Monitoring Program and Mitigation Plan, as per the Town’s requirements for review and acceptance by the Director of Engineering. The Owner shall implement the accepted Well Monitoring Program and Mitigation Plan and any subsequent addenda or reports accepted by the Director of Engineering. Prior to Acceptance for Maintenance, the Owner shall provide the findings and recommendations in the Final Report to the Director of Engineering for review and acceptance at the end of the monitoring period. Further, the Owner shall covenant and agree at the time of Subdivision Agreement to provide sufficient securities to the Town to ensure that the well monitoring and mitigation program is implemented to the satisfaction of the Director of Engineering.

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

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

7.10 Prior to release for registration of the draft plan, the Owner shall prepare a Hydrogeological Study in accordance with the approved Water Balance Study, to determine the mitigation measures required for all municipal services internal and external to the subdivision including sewers, watermains, and roads. Any requirements resulting from this report shall be incorporated into the draft plan and provided in the subdivision agreement.

7.11 The Owner covenants and agrees that no pre-servicing will occur until the engineering drawings are approved, a pre-servicing agreement is executed, the site alteration drawings have been approved, and the necessary securities are provided.

8 Community Design Plan

8.1 The Owner shall covenant and agree in the subdivision agreement to incorporate the requirements and criteria of the OPA 149 Open Space and Streetscape Master Plan into all municipal works, site plan and building permit applications within the plan of subdivision.

9 Traffic Impact Study

9.1 Prior to release for registration of the draft plan, the Owner shall prepare an Internal Functional Traffic Design Study for the proposed subdivision, in consultation with the owners of other lands within the 404 North Secondary Plan Area to the satisfaction of the Town and the Region of York. The Owner shall incorporate the requirements and criteria of these studies into the Functional Servicing Report required in Condition 8.2, the draft approved plan and the subdivision agreement, to the satisfaction of the Director of Engineering.

10 Easements

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

10.2 The Owner shall covenant and agree to convey the lands required for a cul-de-sac on Woodbine Avenue within Block 8 to the satisfaction of Director of Engineering as identified by the concept plan required under condition 1.3.

10.3 The Owner shall covenant and agree in the subdivision agreement to provide an easement for the municipal access to stormwater management pond Block 14 to the satisfaction of the Director of Engineering.

11 Utilities

11.1 Prior to release for registration of the draft plan, the Owner shall prepare an overall utility distribution plan (Composite Utility Plan) to the satisfaction of the Town and authorized agencies.

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

11.3 The Owner shall covenant and agree in the subdivision agreement to enter into any agreement or agreements required by any applicable utility companies, including Powerstream, Enbridge, telecommunications companies, etc. in order to service the development.

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

11.5 The Owner shall covenant and agree in the subdivision agreement to advise all utility and telecommunication carriers that plans for medium or large size vaults are to be submitted to the Town for review and approval. Drawings are to be approved by the Commissioner of Development Services and are to include location, grading, fencing, landscaping, access, and elevations of structures, etc.

12 Development Charges

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

12.2 The Owner covenants and agrees to pay all fees and development charges which will be finalized at the subdivision agreement stage.

13 Phase 1 Environmental Site Assessment

13.1 Prior to release for registration of the draft plan, the Owner shall submit,

(i) environmental site assessment reports prepared by a Qualified Person in accordance with the Record of Site Condition Regulation (O. Reg. 153/04) for peer review and concurrence, to the satisfaction of the Director of Engineering for all lands to be conveyed to the Town.

(ii) carry out all necessary site remediation to meet the provincial soil groundwater and sediment conditions.

(iii) submit certificate from the Qualified Person that the necessary clean up has been done and the land is in an environmental condition satisfactory to the Town.

(iv) Pay for all cost associated with the peer review service.

13.2 The Owners shall covenant and agree in the subdivision agreement that if during construction of any infrastructure or buildings within the subdivision contaminated soils are discovered, the Owners shall undertake, at their expense, the necessary measures to identify and deal with the contaminate, in accordance with the Record of Site Condition Regulation (O.Reg. 153/04).

14 Heritage

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

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

15. Other Town Requirements

15.1 Prior to release of registration of the draft plan or any phase thereof, the Owner shall enter into a Developers Group Agreement(s) to ensure the provision of community and common facilities such as school sites, municipal services, fire halls, police stations, parks and public roads in the Highway 404 North Planning District, to the satisfaction of the Town (Commissioner of Development Services and Town Solicitor), and a certificate confirming completion of such agreement(s) shall be provided to the Town by the Developers Group Trustee to the satisfaction of the Town Solicitor.

15.2 The Owner acknowledges and agrees that final approval of the draft plan of subdivision may be issued in phases provided that:

a) phasing is proposed in an orderly progression generally consistent with the phases identified in the approved Development Phasing Plan; and,

b) all concerned government agencies agree to registration by phases and provide the clearances as required in Condition 22 for each phase.

15.3 The Owner shall covenant and agree in the subdivision agreement to contribute a proportional share to the Victoria Square Streetscape Improvement Study.

16. Region of York

Region of York’s conditions to be included when received

17. Toronto and Region Conservation Authority

TRCA’s conditions to be included when received

18. Ministry of Transportation

18.1. Prior to final approval, the owner shall submit to the Ministry of Transportation for review and approval a copy of Stormwater Management Plan, Site Grading and Servicing Plan, addressing the intended treatment of the calculated runoff.

18.2. Prior to final approval, the owner shell submit to the Ministry of Transportation for review and approval a copy of a Traffic Impact Study.

18.3. Prior to final approval, the owner shell submit to the Ministry of Transportation for review and approval a copy of a detailed calculation and illumination plan.

19 Canada Post

19.1 At the developer/owners expense, for buildings containing 3 or more units the developer/owner must supply, install and maintain a central mail facility to Canada Post specifications; ensure that all mail delivery equipment is installed in a location that is readily accessible to the occupants and Canada Post personnel; and, ensure that all mail is accessible by persons with physical disabilities.

19.2 For buildings with less than 3 units, the developer/owner is required to contact Canada Post in order to arrange mail delivery options.

External Clearances

20.1 Prior to release for registration of the draft plan of subdivision, clearance letters, containing a brief statement detailing how conditions have been met, will be required from authorized agencies as follows:

(a) The Regional Municipality of York Planning Department shall advise that Condition 16 has been satisfied.

(b) The Toronto and Region Conservation Authority shall advise that Condition 17 has been satisfied.

(d) The Ministry of Transportation shall advise that Condition 18 has been satisfied.

ISSUED:

________________________________

Biju Karumanchery, M.C.I.P., R.P.P.

Senior Development Manager

Planning and Urban Design

Appendix ‘B’

EXPLANATORY NOTE

BY-LAW NO.

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

11160 Woodbine Avenue Limited and 11258 Woodbine Avenue Limited (Rice Group)

LANDS AFFECTED

This by-law amendment applies to a 19.519 ha (48.23 ac.) site located within the Highway 404 North Planning District, on the west side of Woodbine Avenue, north of the Cathedral Community and south of 19^th Avenue and municipally known as 11160 Woodbine Avenue and 11258 Woodbine Avenue.

EXISTING ZONING

The lands subject to this By-law are presently zoned Agricultural (A1).

PURPOSE AND EFFECT

The purpose and effect of this by-law is to delete the lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended to allow for an industrial plan of subdivision

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

___________________________________________________________

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

1. By-law 304-87, as amended, be and the same is hereby further amended by deleting the lands outlined on Schedule ‘A’ hereto from the designated area of By-law 304-87, as amended.

2. This By-law shall not come into force until By-law 2009-XX, amending By-law 177-96, as amended, comes into force and the subject lands of this by-law become incorporated into the designated area of By-law 177-96, as amended.

3. All other provisions of By-law 304-87, as amended, not inconsistent with the provisions of this by-law shall continue to apply.

Appendix ‘C’

EXPLANATORY NOTE

BY-LAW NO.

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

11160 Woodbine Avenue Limited and 11258 Woodbine Avenue Limited (Rice Group)

LANDS AFFECTED

EXISTING ZONING

The lands subject to this By-law are presently zoned Agricultural (A1).

PURPOSE AND EFFECT

The purpose of this by-law is to incorporate the lands into the appropriate Business Park (BP), Business Corridor (BC), Community Amenity Area (CA1) and Open Space (OS1) zones within By-law 177-96, as amended.

The effect would be to allow for an Industrial Draft Plan of Subdivision within the Highway 404 North Planning District.

HOLD PROVISIONS

The following are the conditions for lifting the Holding (H) Zone:

Either

1. i) A Feasibility Study/Class Environmental Assessment confirming the need and justification for the potential crossing of Highway 404 has been established and approved by the Region of York, the Town of Richmond Hill, the Town of Markham and the Ministry of the Environment and the appeal period has expired without a Part 2 Order (Bump-up);

ii) The preliminary alignment of the Highway 404 crossing and applicable right-of-way has been established by the Town of Markham in consultation with the Region of York;

a. The draft plan of subdivision has been revised to incorporate any changes relating to the Highway 404 Flyover right-of-way and adjacent blocks resulting from the approved Class Environmental Assessment, to the Town’s satisfaction.

2. i) Written confirmation from the Region of York that the Feasibility Study/Class Environmental Assessment referred to Section 1.3.1.i) of this By-law has not established the need and justification for a Highway 404 crossing in this location.

3. i) Should the Feasibility Study/Class Environmental Assessment Study not be approved by December 31, 2011, the subject blocks may be released for registration.

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

___________________________________________________________

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

1. By-laws 177-96, as amended, is hereby further amended as follows:

1.1 By expanding the designated area of By-law 177-96 to include those lands comprising Part of Lot 28, Concession 3, shown on Schedule ‘A’ attached hereto;

1.2 By zoning the lands:

Community Amenity Area One (CA1)

Business Park (BP)

Business Corridor (BC)

Business Park Hold [BP (H)]

Business Corridor Hold [BC (H)]

Open Space One (OS1)

1.3 HOLDING PROVISION

For the purpose of this By-law, a Holding (H) provision is hereby established and is identified on Schedule ‘A’ attached hereto by the letter (H) in parenthesis following the zoning symbol.

Only uses existing on the date of passing of this by-law shall be permitted until the Holding Provision (H) has been lifted.

No person shall hereafter erect or alter any building or structure on lands subject to ‘(H)’ provisions for the purposes permitted under this By-law until amendments to this By-law to remove the letter‘(H)’ have come into effect pursuant to the provisions of Section 36 of the Planning Act.

Prior to removing the ‘(H)’ Holding provision, the following conditions must be met to the satisfaction of the Town of Markham:

Either

ii) The preliminary alignment of the Highway 404 crossing and applicable right-of-way has been established by the Town of Markham in consultation with the Region of York;

b. The draft plan of subdivision has been revised to incorporate any changes relating to the Highway 404 Flyover right-of-way and adjacent blocks resulting from the approved Class Environmental Assessment, to the Town’s satisfaction.

3. i) Should the Feasibility Study/Class Environmental Assessment Study not be approved by December 31, 2011, the subject blocks may be released for registration.

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

READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS __^TH DAY OF DECEMBER 2009.

________________________________________ __________________________

KIMBERLY KITTERINGHAM, TOWN CLERK FRANK SCARPITTI, MAYOR