Meeting No. 11

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

That Council be advised that in accordance with Delegation By-law 2002-202, and additional site specific delegations authorized by Development Services Committee, the Commissioner of Development Services or the Director of Planning and Urban Design have approved applications listed in the report dated June 6, 2006.

CARRIED

9. REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF APRIL 8, 2006 TO MAY 5, 2006 (10.0)

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of “April 8, 2006 to May 5, 2006” and direct staff to process the applications in accordance with the route outlined in the report.

CARRIED

10. ASSUMPTION OF PLANS OF SUBDIVISION (10.7)

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

Whereas by Memorandum dated May 8, 2006, the Director of Engineering advised that the guarantee period for Registered Plans 65M-2665, 65M-3170, 65M-3379, 65M-3249 and 65R-18880 have expired and all conditions of their respective subdivision agreements have been complied with;

Now therefore be it resolved that the services in the following subdivisions be assumed:

Marianne Teubner 65M-2665

Monarch Construction Limited 65M-3170

Monarch Construction Limited 65M-3379

Glitter Development Corp. 65M-3249

(Castan Avenue) Parts 3 to 16 inclusive 65R-18880

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the subdivision agreements;

And further that the necessary by-laws be enacted to establish roads within the subdivisions as part of the highways of the Town of Markham.

CARRIED

11.       ACCEPTANCE FOR MAINTENANCE OF RESIDENTIAL
            SUBDIVISIONS, REGISTERED PLAN #’S 65M-3376, 65M-3536,
            PARTS 1 TO 7 INCLUSIVE ON 65R-21540, PARTS 9 AND 10 ON
            65R-28479, 65M-3176, 65M-3666 AND 65M-3501
            ENG. FILE # 2127 PHASES 1 & 2, 88-10, 2120 PHASES 3 & 5 AND 2146 (10.7)

Report

Committee noted that the street names on the maps are difficult to read, and directed staff to review the matter.

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan #’s 65M-3376, 65M-3536, Parts 1 to 7 inclusive on 65R-21540, Parts 9 and 10 on 65R-28479, 65M-3176, 65M-3666 and 65M-3501, Eng. File #2127 Phases 1 & 2, 88-10, 2120 Phases 3 & 5 and 2146 dated June 6, 2006, be received;

And that the services in Subdivision, Registered Plan Numbers 65M-3376, 65M-3536, Parts 1 to 7 inclusive on plan 65R-21540, Parts 9 and 10 on 65R-28479, 65M-3176, 65M-3666 and 65M-3501 be accepted for maintenance;

And that by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham;

And that the Community Services Commission accept the responsibility for operating and maintaining the infrastructure within the Subdivisions as part of the Town’s system;

And that acceptance of the Subdivisions be taken into consideration in future operating budgets;

And that the by-law to amend Schedule ‘12’ of Traffic By-law # 106-71, by including compulsory stop to the indicated streets, be approved;

And that the by-law to amend Schedule ‘A’ of the Speed By-law # 105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved;

And that the by-law to amend Schedule ‘C’ of the Parking By-law 2005-188, by including no parking on the streets indicated, be approved;

And that the by-law to amend Schedule ‘E’ of the Parking By-law 2005-188, by including no parking on the streets indicated, be approved;

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed.

CARRIED

12.       KOREAN MIL AL CHURCH, 2705 ELGIN MILLS ROAD E.
            CATHEDRAL SECONDARY PLAN AREA
            ZONING BY-LAW AMENDMENT AND SITE PLAN APPROVAL
            TO PERMIT A PLACE OF WORSHIP AND EMPLOYMENT USES
            (ZA 06 106824, SC 06 112095) (10.5, 10.6)

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

That a Public Meeting be held to consider Zoning Amendment application (ZA 06-106824) submitted by the Korean Mil Al Church to permit a place of worship and employment uses at 2705 Elgin Mills Road E., located east of Highway 404 on the south side of Elgin Mills Road E. within the Cathedral Community.

CARRIED

13. MARKHAM CENTRE SIGN BY-LAW
REQUEST TO CALL A PUBLIC MEETING (2.16)

Report

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

That the report dated June 6, 2006, entitled “Request to Call a Public Meeting, Markham Centre Sign By-law” be received;

And that a public meeting be held on the proposed Markham Centre Sign By-law and that notice be provided to those people who have requested to be advised of matters in Markham Centre, Markham Centre stakeholders and by way of an ad on the Markham home page within the Economist and Sun.

CARRIED

14.       UP-FRONTING OF THE DESIGN AND CONSTRUCTION
            OF TWO PARKS IN THE CORNELL ROUGE PHASE 1
            SUBDIVISION OF CORNELL BY THE CORNELL ROUGE
            DEVELOPMENT CORPORATION (6.3)

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

That the report dated June 6, 2006 to Development Services Committee, entitled “Up-fronting of the Design and Construction of Two Parks in the Cornell Rouge Phase 1 Subdivision of Cornell by the Cornell Rouge Development Corporation” be received;

And that Council approve the request by Cornell Rouge Development Corporation to up-front the cost of design, construction and contract administration of two parks identified as Block 337 (1.2816 ha or 3.1668 ac) and Block 342 (0.4801 ha or 1.1864 ac) in draft plan of subdivision 19TM-030006, subject to the following conditions:

That Cornell Rouge Development Corporation up-front the cost of the design, construction and contract administration of these two parks to a minimum value of $135,000.00 per acre which totals approximately $587,682.00 inclusive of all applicable taxes;

That, subject to compliance with these terms and conditions, the Town of Markham reimburse Cornell Rouge Development Corporation up to $587,682.00 towards this project from development charges for park development under the understanding that Cornell Rouge Development Corporation may contribute additional funds above this amount which will not be reimbursable by the Town, towards the development of these parks;

That the Town reimburse Cornell Rouge Development Corporation for invoices paid on a single lump sum basis for all approved costs associated with the design, construction and contract administration, including all applicable taxes, of these two parks up to a maximum of $587,682.00, less the 10% holdback to be released upon final assumption of the park by the Town, after sufficient Development Charges for park development have been collected (90% of a maximum of $587,682.00) at the building permit stage for residential lots within the Cornell Community to warrant repayment in full to the maximum allowable. No interest on such invoices shall be payable by the Town;

That owners / developers within the Cornell Community, including Cornell Rouge Development Corporation, not receive any credit towards park development charges and continue to pay the park development charge at the building permit stage for all present and future development phases of subdivisions within the Cornell Community;

That Cornell Rouge Development Corporation hire a landscape architect who is a full member of the OALA having custody and use of the Association seal, and approved by the Town, to provide professional design, contract document, and contract administration services, to the satisfaction of the Town;

That Cornell Rouge Development Corporation follow the Town’s standard park and open space approval process which includes development of several design concepts, holding community input meetings, presentation to selected Standing and Advisory Committees as applicable, as well as review and approval by the Planning and Urban Design Department in consultation with the Parks Operations Department;

That Cornell Rouge Development Corporation tender out the construction of the park works including a minimum of three bidders to the satisfaction of the Town and a 2 year detailed maintenance contract for the parks to the Town’s satisfaction as part of the tendered works. Costs for the 2 year maintenance contract are the responsibility of Cornell Rouge Development Corporation;

That, notwithstanding the requirement noted above in Condition (7), Cornell Rouge Development Corporation shall also maintain the park to Town standards, from the time that it is built until such time as the parks would normally have been built (identified in the Town’s Development Charges Study as 2008). The Town will not reimburse Cornell Rouge Development Corporation for costs associated with this additional maintenance obligation for the park;

That these parks be included in the Urban Design, Development Services Commission, 2008 Capital Budget submission which will include the amount to be reimbursed and the internal consulting fees.

And that staff be authorized to hire outside contract staff to manage the project.

CARRIED

15. CREDIT AGREEMENT WITH WISMER COMMONS
DEVELOPER’S GROUP INC. (10.0)

Report Map Attach

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

That the report entitled “Credit Agreement with – Wismer Commons Developer’s Group Inc.” dated May 16, 2006, be received;

And that the Mayor and Clerk be authorized to execute a Development Charge Credit Agreement with Wismer Commons Developers Group Inc. in a form satisfactory to the Chief Administrator Officer and Town Solicitor pursuant to section 38 of the Development Charges Act, 1997 for the construction of public works;

And that the Financial Services Department be authorized to make final adjustments to the financial schedules of the Development Charge Credit Agreement to reflect development charge credits upon execution of the Credit Agreement.

CARRIED

16.       LANGSTAFF LAND USE STUDY PHASE 1 –
            LAND USE OPTIONS (FILE SD 03 – 116189)
            AND MINUTES OF THORNHILL SUBCOMMITTEE
            MEETING HELD MARCH 28, 2006 (10.8)

Committee received correspondence from Thomas R. Lederer of Davis and Company, representing Paclang Holdings Inc., Tan-Mark Holdings Ltd., Mark Tan Development Inc., and Condor Properties Ltd., with comments regarding the Langstaff Land Use Study.

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor B. O'Donnell

That correspondence from Thomas R. Lederer of Davis and Company, representing Paclang Holdings Inc., Tan-Mark Holdings Ltd., Mark Tan Development Inc., and Condor Properties Ltd., with comments regarding the Langstaff Land Use Study, be received;

And that the minutes of the Thornhill Subcommittee meeting held March 28, 2006, be received;

And that Development Services Committee receive and release for public review and comment, the Langstaff Land Use Study Phase I – Land Use Options report, dated May15, 2006, prepared by The Butler Group Consultants Inc.;

And that public consultation regarding the possible land use options as outlined in the Phase 1 report be held in the fall of 2006;

And that staff coordinate with the Thornhill Subcommittee regarding dates for public consultation;

And that staff report back to Development Services Committee with an overview of the comments and input received from the public and recommendations regarding next steps.

CARRIED

17. FOREST BAY HOMES LTD., 7330 MARKHAM ROAD
AMENDMENT TO SIGN BY-LAW (05-013949) (2.16.1)

Report Attachment

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

That the report dated June 6, 2006 entitled “Amendment to Sign By-law for Forest Bay Homes Ltd.”, be received;

And that a by-law be enacted to amend Sign By-law No. 2002-94, as amended, to:

· Prohibit a ground sign along Denison Road on the subject lands; and

· Prohibit a ground sign on the adjacent parcel to the north of the subject lands along Markham Road.

CARRIED

18. URBAN DESIGN AWARDS PROGRAM (10.0)

Report Maps Appendices By-laws

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

That the staff report entitled Urban Design Awards Program, dated June 6, 2006, be received;

And that the existing Urban Design Award categories be amended and that five categories of awards for built projects be established (as outlined in the report), to improve the quality and quantity of submissions, better align the program with the Town’s urban design objectives and to sustain the awards program over the longer term;

And that the Urban Design Awards rotation timeline be amended from a 2-year rotation to a 3-year rotation to encourage more high quality built projects to be submitted and considered;

And that Town nomination of qualified projects be permitted in the program in order to encourage strong candidate projects to enter the competition;

And further that the Urban Design Awards program for 2006 proceed in the fall on the basis of the new award categories.

CARRIED

19.       RULAND PROPERTIES INC. (THE REMINGTON GROUP)
            SITE PLAN CONTROL APPROVAL, PHASE I APARTMENT
            BUILDINGS, MARKHAM CENTRE (SC 06 107107) (10.6)

Report Attachments

Rudy Buczolits of the Remington Group was in attendance to display elevations and answer questions. Committee discussed the boulevard treatment and the integration of the transitway with the pedestrian walkway, suggesting the two components should be separated. Staff will be bringing forward more design details on this aspect of the development.

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

That the report dated June 6, 2006, entitled “Application for Site Plan Control Approval - Ruland Properties Inc. (The Remington Group), Phase I Apartment Buildings, Markham Centre” be received;

And that the application for site plan control approval by Ruland Properties for a 10-storey and 7-storey apartment building containing 188 units and linked by a common lobby be endorsed in principle, subject to the conditions attached as Appendix A;

And 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. Site Plan approval is issued only when the Director has signed the site plan;

And that the Owner execute the Markham Centre Landowners Group Agreement and pay their proportionate share of the costs of community infrastructure and facilities prior to final site plan approval to the satisfaction of the Town Solicitor and Commissioner of Development Services;

And that the Owner execute a Subdivision Agreement prior to final site plan approval to the satisfaction of the Town Solicitor and Commissioner of Development Services;

And that Council authorize the enactment of a by-law to remove the Hold (H) provision on the subject lands upon execution of the Subdivision and Site Plan Agreements to the satisfaction of the Commissioner of Development Services and the Town Solicitor;

And that the Owner revise the building elevations and site plan to address the concerns raised by staff and the Markham Centre Advisory Committee to the satisfaction of the Commissioner of Development Services.

CARRIED

20.       RULAND PROPERTIES INC. (THE REMINGTON GROUP)
            SITE PLAN CONTROL APPROVAL, PHASE I TOWNHOMES
            MARKHAM CENTRE (SC 05 026690) (10.6)

Report Attachment

Rudy Buczolits of the Remington Group was in attendance to display elevations and answer questions. Mr. Buczolits thanked staff for their work on Remington Group projects.

Committee discussed boulevard widths, and noted a related concern with the boulevards on Cox Boulevard. Staff was directed to bring forward a strategy for improvements or retrofitting the Cox Boulevard sidewalks, at a future meeting.

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

That the report dated June 6, 2006, entitled “Application for Site Plan Control Approval - Ruland Properties Inc. (The Remington Group), Phase I Townhomes, Markham Centre” be received;

And that the application for site plan control approval by Ruland Properties for 175, 3 and 4-storey townhomes be endorsed in principle, subject to the conditions attached as Appendix A;

And that the Owner execute a Subdivision Agreement prior to final site plan approval to the satisfaction of the Town Solicitor and Commissioner of Development Services;

And that Council authorize the enactment of a by-law to remove the Hold (H) provisions on the model suites portion of the site and heritage building lands and that the H removal by-law be enacted in advance of a site plan and a subdivision agreement being executed, subject to the Owner providing an undertaking to the Town and Trustee of the Markham Centre Developers Group committing to execute a Subdivision Agreement, Site Plan Agreement and Developer’s Group Agreement, and pay their proportionate share of the costs of community infrastructure and facilities in the Markham Centre area on a pro rata basis relating to the eight (8) model suites and heritage building, prior to lifting the H, to the satisfaction of the Commissioner of Development Services and the Town Solicitor;

And that the Town’s Greenlands consultant be retained to review the stormpond designs with particular emphasis being placed on potential trail connections in the vicinity of and around the ponds; location of stormwater outlets and landscape elements; and, that the applicant’s stormpond designs incorporate the greenlands components for this phase of the development.

CARRIED

21.       BOX GROVE CENTRE INC., BOX GROVE HILL
            DEVELOPMENTS INC., AND BOX GROVE NORTH INC.
            (19TM-030012) PHASE 2, BOX GROVE PLANNING DISTRICT
            PROPOSED PLAN OF SUBDIVISION AND IMPLEMENTING
            ZONING BY-LAW AMENDMENTS (SU 03 115555, ZA 03 115538) (10.5, 10.7)

Committee received correspondence from Jason C. Wu of Walker, Nott, Dragicevic Associates Limited, representing the Pilkington Family, owners of land abutting the Box Grove Hill Developments lands, with concerns regarding access to the Pilkington property.

Eric Le Bolloch, owner, was in attendance to confirm the concerns outlined in the correspondence from Mr. Wu. Staff was directed to review the request and update the Committee.

Committee also received a staff memorandum dated June 6, 2006 advising of revised condition # 17.6 of the Draft Plan Approval, as requested by the Region of York.

Moved by: Councillor J. Webster

Seconded by: Regional Councillor J. Jones

That correspondence from Jason C. Wu of Walker, Nott, Dragicevic Associates Limited, representing the Pilkington Family, owners of land abutting the Box Grove Hill Developments lands, with concerns regarding access to the Pilkington property, be received;

And that the staff memorandum dated June 6, 2006, regarding amendments to # 17.6 of the conditions of Draft Plan Approval, be received;

And that the deputation by Eric Le Bolloch, owner, be received;

And that the staff report entitled “Box Grove Centre Inc., Box Grove Hill Developments Inc. & Box Grove North Inc. (19TM-030012) Phase 2, Proposed Plan of subdivision and implementing zoning by-law amendments, Box Grove Planning District” dated June 6, 2006, be received;

And that Phase 2 of draft plan of subdivision 19TM-030012 (SU. 03-115555) located east of 9^th Line, north of 14^th Avenue, proposed by Box Grove Hill Developments Inc. & Box Grove North Inc. & Box Grove Centre Inc., be draft approved subject to the conditions outlined in Appendix ‘A’ as amended by staff memorandum dated June 6, 2006;

And that the Director of Planning and Urban Design be directed to issue draft approval once the Owner has complied with the requirement to enter into the agreement set out below restricting pre-sale of certain residential lots in the subdivision;

And that prior to issuance of draft plan approval, the Owner shall enter into an agreement with the Town, applying to Lots 343, 359, 378, 395 and 410 of draft plan 19TM-030012, 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 lots until such time as:

· the detailed design for the Markham By-pass (including the completion of the Reference Plan) has been completed; and,

· a revised draft plan, if required, has been approved by the Town of Markham in consultation with York Region, which incorporates the detailed design of the Markham By-pass, as surveyed;

And that zoning application (ZA 03-115538) to amend By-law 304-87 and By-law 177-96, submitted by Box Grove Centre Inc., Box Grove Hill Developments Inc. & Box Grove North Inc. for lands east of 9^th Line, north of 14^th Avenue, be approved and the implementing Zoning By-Laws be finalized and enacted;

And that the applicants agree to pay their proportionate share of the Highway 48 flow control measures, to the satisfaction of the Director of Engineering;

And that servicing allocation for 527 units be granted to Box Grove Hill Developments Inc., Box Grove North Inc. and Box Grove Centre Inc. (19TM-030012) Phase 2 in accordance with the November 22, 2005 report on servicing allocation;

And that the Town reserve the right to revoke or reallocate water and sewage allocation at its sole discretion;

And that the Region of York be advised of the servicing allocation for this development;

And that the applicants provide to the Town the 30% payment of the required subdivision processing fees in accordance with the Town’s Fee By-law (2005- 357);

And further that the draft plan of subdivision approval shall lapse after a period of three years commencing June 6, 2006, in the event that a subdivision agreement is not executed within that period.

CARRIED

22. CONVEYANCING REQUIRED TO DISPOSE OF 0.3 M RESERVE
BLOCK 31 ON 65M-3864, EAST OF MCCOWAN ROAD (8.1)

Moved by: Councillor D. Horchik

Seconded by: Councillor A. Chiu

That the 0.3m reserve identified as Block 31 on 65M-3864 be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of June 13, 2006;

And that a by-law be enacted at Council on June 30, 2006, authorizing the Mayor and Clerk to execute a Transfer of Land and other related documents for the completion of the conveyancing required to convey the 0.3m reserve to the owner of the lands within draft plan of subdivision 19TM-030013, in a form satisfactory to the Town Solicitor.

CARRIED

23.       MACKENZIE BUILDERS AND DEVELOPERS LIMITED
            SU 02 116539 (19TM-02012)
            DANVEST WISMER INVESTMENTS LIMITED
            SU 02 114206 (19TM-02009)
            AMBER PLAIN INVESTMENTS LIMITED
            SU 02 110218 (19TM-02003);
            16TH AND MCCOWAN HOLDINGS LIMITED
            SU 02 115896 (19TM-02011)
            MATTAMY (ROBINSON CREEK) LIMITED
            SU 03 113679 (19TM-03008)
            BRAWLEY MANOR CORPORATION
            SU 02 115478 (19TM-02010)
            1039954 ONTARIO LTD. SU 02 118676 (19TM-02016)
            WISMER COMMONS COMMUNITY
            PROPOSED PLANS OF SUBDIVISION AND
            IMPLEMENTING ZONING BY-LAW AMENDMENTS (10.5, 10.7)

Report Maps App A-C App D-G By-laws App K

Committee received correspondence from John and Victoria Janovski, 820 Bur Oak Avenue, and from Holly Clune, 808 Bur Oak Avenue, with concerns regarding the proposed retail store at Bur Oak Avenue and Roy Rainey Drive.

Moved by: Regional Councillor J. Heath

Seconded by: Regional Councillor J. Jones

That correspondence from John and Victoria Janovski, 820 Bur Oak Avenue, and from Holly Clune, 808 Bur Oak Avenue, with concerns regarding the proposed retail store at Bur Oak Avenue and Roy Rainey Drive, be received,

And that draft plans of subdivision by Mackenzie Builders and Developers Ltd.19TM-02012, Danvest Wismer Investments Ltd.19TM-02009, Amber Plain Investments Ltd.19TM-02003, 16^th and McCowan Holdings Ltd.19TM-02011, Mattamy (Robinson Creek) Ltd.19TM-03008, Brawley Manor Corp.19TM-02010 and 1039954 Ont. Ltd. 19TM-02016, located within the Wismer Commons Community, be draft approved subject to the conditions outlined in Appendices ‘A’ to ‘G’;

And that the applications submitted by Mackenzie Builders and Developers Ltd., Danvest Wismer Investments Ltd., Amber Plain Investments Ltd., 16^th and McCowan Holdings Ltd.,

Mattamy (Robinson Creek) Ltd., Brawley Manor Corp. and 1039954 Ont. Ltd. to amend Zoning By-laws 304-87 and 177-76, as amended, be approved, and the draft by-laws be finalized and enacted;

And that the applicants agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

And that servicing allocation for the plans of subdivision be granted from the total allocation for the Wismer Commons Community, assigned in accordance with the November 22, 2005 report on servicing allocation, as follows:

28 units for draft plan 19TM-02012 (Phase 2) Mackenzie Builders and Developers Ltd., 52 units for draft plan 19TM-02009 Danvest Wismer Investments Ltd.,

59 units for draft plan 19TM-02003 Amber Plain Investments Ltd.,

27 units for draft plan 19TM-02011 16^th and McCowan Holdings Ltd.,

8 units for draft plan 19TM-03008 Mattamy (Robinson Creek) Ltd.,

35 units for draft plan 19TM-02010 Brawley Manor Corp.,

21 units for draft plan 19TM-02016 1039954 Ont. Ltd.

230 total units

And that the Town reserves the right to revoke or reallocate the servicing allocation should the developments not proceed in a timely manner;

And that the Region of York be advised of the servicing allocation for these developments;

And that the applicants provide to the Town the 30% payment of the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 211-83, as amended by By-law 2005-357);

And further that the draft plan of subdivision approvals will lapse after a period of three years commencing June 6, 2006, in the event that a subdivision agreement is not executed within that period.

CARRIED

24.       DEBORAH & ROBERT TIBERIO
            196 & 198 LANGSTAFF ROAD E, THORNHILL
            OFFICIAL PLAN AMENDMENT AND TEMPORARY USE
            ZONING BY-LAW TO PERMIT EXISTING BUSINESSES WITH
            RELATED OUTDOOR STORAGE (OP 06 106489, ZA 06 106493) (10.3, 10.5)

Robert Tiberio, owner, and Helen Lepek and Geza Gaspardy, both representing the owner, were in attendance to address the Committee.

Mr. Gaspardy identified himself as a consulting ecologist. He displayed historic maps and discussed the status of the woodlot on the property.

Mr. Tiberio gave background information on the evolution of use of property, and advised he would be willing to relocate if necessary, but is asking for temporary permission until the Langstaff Land Use Study is completed.

Ms. Lepek supported referral of the Official Plan to staff, and discussed the reasoning behind the recommendation for denial. Ms. Leduc requested that the temporary use be approved, with provision of a letter of credit, or deferred until the Langstaff study is completed, and that by-law enforcement also be deferred.

Separately from this application, Committee requested staff provide at a future meeting, a summary of the By-law infractions and charges that have been laid in Langstaff.

Moved by: Councillor S. Daurio

Seconded by: Councillor K. Usman

That the deputations by Robert Tiberio, Helen Lepek and Gaza Gaspardy, representing the applicant, in support of the application, be received;

And that the staff report entitled “Applications for Official Plan Amendment to redesignate from “Public Open Space” to “Medium Density Housing” and for a Temporary Use Zoning By-law to

permit existing businesses with related outdoor storage, Deborah & Robert Tiberio, 196 & 198 Langstaff Road E, Thornhill, OP 06 106489 & ZA 06 106493”, be received;

And that the application for an Official Plan Amendment (OP 06 106489) to redesignate the lands at 196 & 198 Langstaff Road E. from “Public Open Space” to “Medium Density Housing” be referred back to Staff for consideration within the context of the Langstaff Land Use Study;

And that the application for a Temporary Use Zoning By-law to permit existing businesses with related outdoor storage (ZA 06 106493) be refused;

And that By-law Enforcement take action to ensure that these properties are brought into conformity with the existing zoning.

CARRIED

25.       MAJORWOOD DEVELOPMENTS INC. (BARROWCREST)
            2938 MAJOR MACKENZIE DRIVE EAST
            WEST CATHEDRAL COMMUNITY, DRAFT PLAN OF
            SUBDIVISION AND REZONING (SU 02 118584, ZA 02 118517) (10.5, 10.7)

Staff discussed the conditions of draft approval, and noted that fine-tuning with the owners will continue and an update on any changes will be provided at Committee of the Whole.

Mac Cosburn, representing the applicant, discussed the wording of the condition relating to the 404 overpass, and the requirement to extend the servicing to the existing homes.

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

That the report entitled: “RECOMMENDATION REPORT: Applications for Draft Plan of Subdivision Approval and Rezoning, Majorwood Developments Inc., 2938 Major Mackenzie Drive East, West side of Woodbine Avenue north of Major Mackenzie Drive, West Cathedral Community, File Nos. SU 02 118584 and ZA 02 118517”, be received;

And that the record of the public meeting held on June 7, 2005, relating to the application by Majorwood Developments Inc. 2938 Major Mackenzie Drive East, West side of Woodbine Avenue north of Major Mackenzie Drive, be received;

And that Draft Plan of Subdivision 19TM-02015 prepared by Templeton Planning Limited, identified as drawing number 19TM-02015 and dated May 6, 2006, to permit 97 residential units, 4.51 ha of employment land and 0.23 ha of Community Amenity area land be approved subject to conditions of draft plan approval and the red-line revisions set out in Appendix ‘A’ to this report;

And that the Director of Planning and Urban Design be directed to issue draft approval when the following requirement has been complied with:

· That the Owner enter into an agreement with the Town, applying specifically to Block 64 of draft plan 19TM-02015, 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 block, until the following conditions have been met:

1. The Environmental Assessment Study for the Highway 404 off ramp extension has been approved by Markham, and the appeal period has expired without a Part 2 Order (Bump-up);

2. If required, the draft plan has been revised, to the satisfaction of the Town of Markham and the Region of York, to reflect any changes to the subject block and to identify the approved alignment of the Highway 404 off-ramp extension as a public road in accordance with the approved Highway 404 off-ramp extension Environmental Assessment Study; and,

3. The abutting owners have entered into an agreement with the Town, and other public agencies as required, or other suitable arrangements have been made to the satisfaction of the Town, to either construct the Highway 404 off ramp extension (excluding the overpass structure), or to construct an extension of Nichols Boulevard from Major Mackenzie Drive to the southern boundary of the subject lands;

And that the Mayor and Clerk be authorized to execute a Parkland Conveyance Agreement between the Town and the Cathedral West Landowners Group, in a form satisfactory to the Town Solicitor and the Commissioner of Development Services;

And that the applications to amend zoning by-laws 304-87 and 177-96 be approved and the implementing by-laws set out in Appendix ‘B’ to this report to this report be enacted;

And that the applicants agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

And that the applicants be granted a servicing allocation of 97 units, such allocation to be from the total allocation for the Cathedral community, in accordance with the February 15 and November 22, 2005, reports on servicing allocation;

And that the Region of York be advised of the servicing allocation for this development;

And that the Town reserve the right to revoke or reallocate servicing supply to the draft plan of subdivision should the development not proceed in a timely manner;

And that the applicant submit the required 30% subdivision processing fee in accordance with the Town’s Fee By-law (By-law 2005-357);

And further that the draft plan approval for plan of subdivision 19TM-02015 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.

CARRIED

26.       ROMANDALE FARMS LTD AND 404 DEVELOPMENTS INC.
            (CATHEDRAL TOWN PHASE III) PART OF LOTS 23 AND 24
            CONCESSION 3, WEST SIDE OF WOODBINE AVENUE,
            NORTH OF MAJOR MACKENZIE DRIVE
            DRAFT PLAN OF SUBDIVISION (SU 06 105953) (10.7)

Staff discussed the conditions of draft approval, and noted that fine-tuning with the owners will continue and an update on any changes will be provided at Committee of the Whole.

Mac Cosburn, representing the applicant, discussed the wording of the condition relating to the 404 overpass, and the requirement to involve residents in the design exercise for Townhouse blocks abutting Woodbine Avenue.

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

That the report entitled: “RECOMMENDATION REPORT: Applications for Draft Plan of Subdivision Approval Romandale Farms Limited and 404 Developments Inc. (Cathedral Town Phase III) Part of Lots 23 and 24 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive, File No. SU 06 105953”, be received:

And that the record of the public meeting held on June 7, 2005, relating to the application by Romandale Farms Limited and 404 Developments Inc. (Cathedral Town Phase III), Part of Lots 23 and 24 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive, be received;

And that Draft Plan of Subdivision 19TM-06003 prepared by Design Plan Services Inc., identified as drawing number 0238-4a\2, dated May 17, 2005 and revised May 3, 2006, to permit 68 single detached, 38 townhouse, 13 medium density dwellings and 14.57 hectares of employment lands be approved subject to the redline revisions and conditions of draft plan approval set out in Appendix ‘A; to this report;

And 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 an agreement with the Town, applying specifically to Blocks 69, 70 and 71 and Lot 1 of draft plan 19TM-06003, 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 block, until the following conditions have been met:

1. The Town has completed a detailed design study for the Woodbine Avenue By-pass;

2. The Landowners’ Group has prepared a survey plan of the proposed Woodbine Avenue By-pass right-of-way that reflects the recommendations of the detailed design study, to the satisfaction of the Town and the Region of York;

3. The Owner has conveyed to York Region, free of all costs and encumbrances, all land required for the Woodbine Avenue By-pass within the boundaries of draft plan of subdivision 19TM-06003 as identified by the above survey;

4. If required, the draft plan of subdivision has been revised to reflect any changes to the Woodbine Avenue By-pass alignment and any associated changes to the configuration of the subject blocks and lots, resulting from the above survey.

b) That the Owner into an agreement with the Town, applying specifically to Blocks 87 and 88 of draft plan 19TM-06003, 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 block, until the following conditions have been met:

1. The Environmental Assessment Study for the Highway 404 Flyover has been approved by Markham and the appeal period has expired without a Part 2 Order (Bump-up); and,

2. If required, the draft plan has been revised, to the satisfaction of the Town of Markham and the Region of York, to reflect any changes to the subject blocks and to identify the approved alignment of the Highway 404 Flyover as a public road in accordance with the approved Highway 404 Flyover Environmental Assessment Study;

And that the applications to amend zoning by-laws 304-87 and 177-96 be approved and the implementing by-laws set out in Appendix ‘B’ to this report be enacted;

And that the applicants agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

And that the applicants be granted a servicing allocation of 119 units, such allocation to be from the total allocation for the Cathedral community, in accordance with the February 15 and November 22, 2005, reports on servicing allocation;

And that the applicants be granted a further allocation of 3 units, to be applied only to part blocks 55 and 56 of Draft Plan of Subdivision 19TM-05002, such allocation to be from the total allocation for the Cathedral Community, in accordance with the February 15 and November 22, 2005 reports on servicing allocation;

And that the Region of York be advised of the servicing allocation for this development;

And that the Town reserve the right to revoke or reallocate servicing supply to the draft plan of subdivision should the development not proceed in a timely manner;

And that the applicant submit the required 30% subdivision processing fee in accordance with the Town’s Fee By-law (By-law 2005-357);

And further that the draft plan approval for plan of subdivision 19TM-06003 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.

CARRIED

27.       MONARCH CORPORATION (CATHEDRAL TOWN SOUTH)
            PART OF LOT 22 CONCESSION 3, WEST SIDE OF
            WOODBINE AVENUE NORTH OF MAJOR MACKENZIE DRIVE
            DRAFT PLAN OF SUBDIVISION AND REZONING
            (SU 05 011381, ZA 05 011385) (10.5, 10.7)

Staff discussed the conditions of draft approval, and noted that fine-tuning with the owners will continue and an update on any changes will be provided at Committee of the Whole.

Mac Cosburn, representing the applicant, discussed the wording of the condition relating to the 404 overpass, the requirement to extend the servicing to the existing homes, and the requirement to involve residents in the design exercise for Townhouse blocks abutting Woodbine Avenue.

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

That the report entitled: “RECOMMENDATION REPORT: Applications for Draft Plan of Subdivision Approval and Rezoning, Monarch Corporation (Cathedral Town south) Lot 22 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive, File Nos. SU 05 011381 and ZA 05 011385”, be received;

And that the record of the public meeting held on June 7, 2005, relating to the applications by Monarch Corporation (Cathedral Town South), Lot 22 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive, be received;

And that Draft Plan of Subdivision 19TM-05009 prepared by Design Plan Services Inc., identified as drawing number 0238-1\50, dated and revised May 1, 2006, be approved subject to the redline revisions and conditions of draft plan approval set out in Appendix ‘A’ to this report;

And 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 an agreement with the Town, applying specifically to Lot 118 and Block 152 of draft plan 19TM-05009, 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 block, until the following conditions have been met:

1. The Town has completed a detailed design study for the Woodbine Avenue By-pass;

b) That the Owner into an agreement with the Town, applying specifically to Blocks 155, 156, 157 and 158 of draft plan 19TM-05009, 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 block, until the following conditions have been met:

1. The Environmental Assessment Study for the Highway 404 Flyover has been approved by Markham and the appeal period has expired without a Part 2 Order (Bump-up); and,

And that the applications to amend zoning by-laws 304-87 and 177-96 be approved and the implementing by-laws set out in Appendix ‘B’ to this report be enacted;

And that the applicants agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

And that the applicants be granted a servicing allocation of 195 units, such allocation to be from the total allocation for the Cathedral community, in accordance with the February 15 and November 22, 2005, reports on servicing allocation;

And that the Region of York be advised of the servicing allocation for this development;

And that the Town reserve the right to revoke or reallocate servicing supply to the draft plan of subdivision should the development not proceed in a timely manner;

And that the applicant submit the required 30% subdivision processing fee in accordance with the Town’s Fee By-law (By-law 2005-357);

And further that the draft plan approval for plan of subdivision 19TM-05009 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.

CARRIED

28.       TUCCIARONE FAMILY, SOUTH SIDE OF
            ELGIN MILLS ROAD, WEST OF WOODBINE AVENUE
            DRAFT PLAN OF SUBDIVISION AND BY-LAW AMENDMENT
            (ZA.01-110135, SU.01-110135) (10.5, 10.7)

Rick Coburn, representing Sam Burmi of Ontario N30 Investments Inc., the purchaser of the Harmond property, immediately to the west of the subject lands addressed the Committee, referred to his correspondence sent to the Town. Staff confirmed the letter had not been received to date. Mr. Coburn stated his concern for Block 74, Open Space, and the distribution of the required 55 metre natural corridor for the existing watercourse between the two properties. The proposed distribution results in a loss of 2.1 ha. of land from the Harmond property, and reduces the frontage of the property. Mr. Coburn requested deferral of the application until the issue can be reviewed.

Staff advised that the issue has been ongoing since 2004, and that the settlement has been reached with the TRCA and both property owners, although the Harmond property owners have not taken advantage of opportunities to negotiate.

Moved by: Councillor D. Horchik

Seconded by: Councillor J. Virgilio

That the deputations by Rick Coburn, representing Sam Burmi of Ontario N30 Investments Inc., be received;

And that the draft plan of subdivision 19T-95075, prepared by KLM Planning Partners Inc., dated May 1, 2006, to permit 47 single detached units, 38 semi-detached units and 2 part blocks, a 0.633 hectare (1.56 ac) gas station site and 1.44 hectares (3.56 ac) of employment lands, south side of Elgin Mills, west of Woodbine Avenue, be approved subject to conditions of draft plan approval and the red-line revisions set out in Appendix ‘A’ to this report;

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

the Owner shall enter into an agreement with the Town, applying specifically to lot 65, plan 19T-95075, 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:

1. The Town has completed a detailed design study for the Woodbine Avenue By-pass;

2. The Landowner’s Group has prepared a survey plan of the proposed Woodbine Avenue By-pass right-of-way that reflects the recommendations of the detailed design study, to the satisfaction of the Town and the Region of York;

3. The Owner has conveyed to York Region, free of all costs and encumbrances, any land required for the Woodbine Avenue By-pass within the boundaries of the draft plan 19T-95075 as identified by the above survey; and,

4. If required, the draft plan has been revised to reflect any changes to the Woodbine Avenue By-pass alignment and any associated changes to the configuration of the subject blocks and lots, resulting from the above survey;

And that the application submitted by the Tucciarone family to amend Zoning By-laws 177-76 and 304-87, as amended, be approved, and the draft by-law attached as Appendix ‘A’ to the staff report dated June 6, 2006, be enacted;

And that the applicant agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

And that the Tucciarone family be granted a servicing allocation of 87 units, such allocation to be from the total allocation for the Cathedral community, in accordance with the February 15, 2005 and November 22, 2005, reports on servicing allocation;

And that the Town reserves the right to revoke or reallocate the servicing allocation for this development;

And that the Region of York be advised of the servicing allocation for this development;

And that the applicant provide the Town with the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2005-357);

And further that the draft plan approval for plan of subdivision 19T-95075 will lapse after a period of three years commencing the date of issuance of draft approval, in the event that a subdivision agreement is not executed within that period.

CARRIED

NEW BUSINESS

29. SMOG SUMMIT
TORONTO, JUNE 7 AND 8, 2006 (5.7)

Committee noted that the conference continues to be held in Toronto, despite requests for the conference to be held in GTA locations.

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Councillor K. Usman

That the memorandum dated June 6, 2006, regarding the Smog Summit being held in Toronto on June 7 and 8, 2006, be received;

And that Councillor Erin Shapero, Chair, Environmental Issues Committee, or designate, be authorized to attend the Smog Summit being held in the City of Toronto on June 7, 2006, and sign the 2006 Toronto and Region Intergovernmental Declaration on Clean Air on behalf of the Town of Markham.

CARRIED

30.       MILLIKEN AREA PROJECTS
            TORONTO RESERVOIR
            HAGERMAN BOULEVARD GRADE SEPARATION (10.8)

That the Milliken Mills Area Capital Projects update presentation be received;

And that the CAO and Staff be authorized to enter into negotiations with GO Transit in respect to property requirements, maintenance obligations and capital costs associated with the relocation of Town utilities as a result of the Hagerman Rail-Rail Grade Separation and report back to Council;

And that staff comment and respond to the Milliken Water Reservoir and Trunk Watermain projects through formal EA process and report back to Council.

CARRIED

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IN CAMERA

31. LEGAL MATTERS (13.0)

Moved by: Councillor D. Horchik

Seconded by: Regional Councillor B. O'Donnell

That the Development Services Committee recess in-camera at 3:15 p.m. to discuss legal matters.

CARRIED

Moved by: Councillor J. Webster

Seconded by: Regional Councillor J. Heath

That the Committee rise from in-camera at 3:45 p.m.

CARRIED

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PART C

Public Meeting

7:00 p.m. - Council Chamber

Attendance

Deputy Mayor F. Scarpitti

Regional Councillor J. Heath

Regional Councillor B. O’Donnell

Councillor S. Daurio

Councillor E. Shapero (7:30)

Councillor J. Virgilio

Councillor J. Webster

Councillor G. McKelvey

Councillor D. Horchik

Councillor K. Usman

Councillor A. Chiu (left – 8:30)

R. Blake, Manager, West District

R. Hutcheson, Manager, Heritage Planning

B. Karumanchery, Manager, East District

V. Shuttleworth, Director of Planning and Urban Design

N. Surti, Planner

P. Wokral, Senior Planner

K. Bavington, Committee Clerk

The Development Services Committee convened at the hour of 7:00 p.m. in the Council Chamber with Councillor G. McKelvey in the Chair.

DISCLOSURE OF INTEREST – None Declared

32.       512441 ONTARIO LTD., 9390 & 9404 HIGHWAY 48
            ZONING BY-LAW AMENDMENT FOR COMMERCIAL USES
            (ZA 05 026423) (10.5)

Report Figures

The Chair advised that the subject of the Public Meeting this date was to consider the proposed Zoning By-law amendment, File ZA 05 026423, submitted by 512441 Ontario Limited, for commercial uses at 9390 and 9404 Highway 48.

Committee was advised that 21notices were mailed on May 17, 2006, and a Public Meeting sign was posted on May 17, 2006. There were no written submissions received.

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues.

Committee expressed concern for the elevations consisting of a solid brick wall and directed that the site plan application be circulated to the Museum Board and Heritage Markham. Discussions included the functionality of placing structures at the street edge, which can result in the back of the building facing the street and the pedestrian walkway.

Committee was assured that any required gateway features will be accommodated in the site plan.

There were no comments from the audience with respect to this application.

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor J. Heath

That the record of the Public Meeting held on June 6, 2006, with respect to “512441 Ontario Limited, application for Zoning By-law amendment to rezone 9390 and 9404 Highway 48 for commercial uses”, be received;

And that the application to amend Zoning By-law 304-87, as amended, be enacted without further notice, once the site plan has been approved by the Development Services Committee.

CARRIED

33.       TERRA NERO INVESTMENTS, 77 ANDERSON AVENUE
            ZONING BY-LAW AMENDMENT AND SITE PLAN APPROVAL
            TO PERMIT A COIN CAR WASH AND QUICK LUBE FACILITY
            (ZA 06 106227) (10.5)

Report Figures

The Chair advised that the subject of the Public Meeting this date was to consider the proposed Zoning By-law amendment, File ZA 06 106227, submitted by Terra Nero Investments, for a coin car wash and quick lube facility at 77 Anderson Avenue.

Committee was advised that 68 notices were mailed on May 17, 2006, and a Public Meeting sign was posted on May 16, 2006. Committee received written submissions from:

1. Keith McKessock of McKessock Engineering, 7-138 Anderson Avenue, with comments

2. Yim Fai Chan, 28 Harry Blaylock Drive, in objection

3. Paul and Mary Liacos, in objection

4. Rafea Muradagha, 43 Harry Blaylock Drive, in objection

5. Marie-Josée Riverin, 91 Anderson Avenue, Unit 4

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues. Committee reviewed elevation and discussed compatibility issues.

Peter Smith of Bousfields Inc., representing the applicant, Terra Nero Investments, responded to comments from the Committee. Discussions included compatibility, buffering of the creek and greenspace, and mitigation of grease and oil run-off. The applicant’s car-wash consultant was also in attendance to explain the operation, disposal, and treatment process.

Committee noted the improvements made to the site by the applicant, and hoped staff can make further improvements.

Elizabeth Plashkes, 5809 19^th Avenue, representing the Markham Village Conservancy, suggested the use is not in compliance with the recent Urban Design Study for the area. The location, across from the GO Station, is very important. Ms. Plashkes also discussed environmental issues and removal of sludge.

Marie-Josee Riverin, 91 Anderson Avenue, # 4, supported the comments made by Ms. Plashkes, and provided a written submission.

Moved by: Councillor J. Virgilio

Seconded by: Councillor S. Daurio

That the written submissions from Keith McKessock, Yim Fai Chan, Paul and Mary Liacos, Rafea Muradagha, and Marie-Josée Riverin with concerns regarding the proposed Zoning By-law amendment, File ZA 06 106227, submitted by Terra Nero Investments, for a coin car wash and quick lube facility at 77 Anderson Avenue, be received;

And that the deputations by Elizabeth Plashkes, representing the Markham Village Coservancy, and Marie-Josée Riverin, with concerns regarding the proposed Zoning By-law amendment, File ZA 06 106227, submitted by Terra Nero Investments, for a coin car wash and quick lube facility at 77 Anderson Avenue, be received;

And that the record of the Public Meeting held on June 6, 2006, with respect to “Terra Nero Investments, Application for Zoning By-law Amendment and Site Plan Approval to permit a coin car wash and quick lube facility at 77 Anderson Avenue”, be received;

And that the application be referred back to staff for a report and recommendation;

And that staff work with the applicant to determine if more compatible uses within the urban design guidelines can be applied, such as a mixed commercial residential use.

CARRIED

34.       RICHARD KEARNEY, 373 MAIN STREET N., MARKHAM
            RE-ZONING APPLICATION TO PERMIT OFFICE COMMERCIAL USES
            (ZA 06 106151) (10.5)