39t-03511/02-6558/h. mcneely - london, ontariocouncil.london.ca/councilarchives/agendas/planning...

1

TO:

Agenda Item ## Page #

CHAIR AND MEMBERS - PLANNING COMMITTEE

39T-03511/02-6558/H. McNeely

R. W. PANZER

GENERAL MANAGER OF PLANNING AND DEVELOPMENT

APPLICATION BY: PHYLLIS MATTHEWS

1820 WOODHULL ROAD

PUBLIC PARTICIPATION MEETING ON

December 13,2004 7:30 pm

That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the application of Phyllis Matthews relating to the property located at 1820 Woodhull Road:

a by-law BE INTRODUCED at the Municipal Council meeting on January 24, 2005 to amend Schedule B of the Official Plan in accordance with the attached amendment to remove the Aggregate Resource Area designation from the subject lands;

on the advice of the Administrative Planning Advisory Group, the Approval Authority BE REQUESTED TO REFUSE the draft plan of residential subdivision, submitted by Phyllis. Matthews (File No. 39T-03511), prepared by Callon Dietz (Drawing No. X-857, dated October 4, 2004), which shows 23 single detached lots, a residential development block, served by two local public streets,

on the advice of the Administrative Planning Advisory Group, the Approval Authority BE REQUESTED TO APPROVE the draft plan of residential subdivision, as red-line amended, submitted by Phyllis Matthews (File No. 39T-0351 I ) , prepared by Callon Dietz (Drawing No. X-857, dated October 4, 2004), which shows 21 single detached lots, a park block, and an open space block served by two local public streets, SUBJECT TO the conditions contained in the attached Appendix "39T-03511-1", and the adopted Official Plan amendment coming into effect;

on the advice of the Administrative Planning Advisory Group, the DrafkApproval of the residential plan of subdivision as submitted by Phyllis Matthews (File No. 39T-0351 I) BE APPROVED, SUBJECT TO the municipal requirements contained in the attached Appendix "39T-03511-2";

a by-law BE INTRODUCED at the Municipal Council meeting on January 24, 2005 to amend Zoning By-law No. 8-1984 (former Delaware) in accordance with the attached enacting clause to delete the Agricultural (AG) Zone applicable to a portion of the subject lands located at 1820 Woodhull Road;

the request to amend the Zoning By-law No. 8-1984 to change the zoning of the subject property from an Agricultural (AG) Zone which permits agriculture, passive recreation, conservation, farm implement storage, single family dwelling, kennel, riding school, pet cemetery, open storage of agricultural materials accessory to the farm use, and buildings, structures and uses accessory to the permitted use to a Residential R I (RI- 1 I ) Zone BE REFUSED;

a by-law BE INTRODUCED at the Municipal Council meeting on January 24, 2005 to amend Zoning By-law No. Z.-I in accordance with the attached enacting clause (in conformity with the Official Plan) to change the zoning of a portion of the lands located at

Agenda Item # Page # 2

39T-03511/02-6558/H. McNeely

1820 Woodhull Road FROM Residential R1 Special Provision (RI- I l(8)) Zone which permits a single detached dwelling with a minimum lot area of 1.2 hectares (3 acres) TO APPLY a Holding Residential R1 (h.Rl-15) Zone and regulations to permit single detached dwellings with a minimum lot area of 3000 square metres (9842 square feet); and TO APPLY the following zones and regulations to a portion of the lands located at 1820 Woodhull Road:

a Holding Residential R1 (h.R1-14) Zone to permit single detached dwellings with a minimum lot area of 2000 square metres (6562 square feet),

a Holding Residential R1 (h.Rl-15) Zone to permit single detached dwellings with a minimum lot area of 3000 square metres (9842 square feet),

a Holding Residential R1 (h.R1-16) Zone to permit single detached dwellings with a minimum lot area of 4000 square metres (I 3,123 square feet),

a Holding Residential R I Special Provision (h. h-37. R1-14) Zone to permit single detached dwellings with a minimum lot area of 2000 square metres (6562 square feet). The holding provision is to ensure minimum distance separation is enforced for the protection of adjacent existing agricultural operations, and

an Open Space (OS4 and OSS) Zone.

(h) the applicant BE ADVISED that the General Manager of Environmental Services and City Engineer has projected the following claims and revenues information:

Urban Works Reserve Fund

Claim (excluding SWM)

Estimated

Revenue

$ NIL --

SWM claim (including land) -- Development & LDCSB Charges Reserve Fund $ 72,l 97

Estimated

Claims -- NIL

NIL NIL

Total $ 72,197 $ NIL Note:

(1 1 ESTIMATED REVENUES FROM DEVELOPMENTl LONDON DISTRICT CATHOLIC SCHOOL BOARD

(LDCSB), AND URBAN WORKS CHARGES ARE BASED ON CURRENT RATES IN ACCORDANCE WITH

BY-LAW C.P.-1440-167.

(2) THIS INFORMATION IS REPORTED IN ACCORDANCE WITH THE DEVELOPMENT CHARGES AND URBAN WORKS FUND BY-LAW (IE. C.P.-1440-167), AND ANY AMENDMENTS THERETO. ANY CLAIM

PAYMENT FROM THE URBAN WORKS RESERVE FUND WILL BE IN ACCORDANCE WITH BY-LAW NO.

C.P.-1440-167 AND AS APPROVED BY THE CITY ENGINEER.

URBAN WORKS CHARGES ARE NIL AND DEVELOPMENT CHARGES ARE REDUCED FOR DEVELOPMENT OUTSIDE URBAN GROWTH AREA (2)

(3)

(4) ESTIMATED REVENUES AND ESTIMATED CLAIMS ARE BASED ON INFORMATION PROVIDED BY THE APPLICANT AND ARE PROVIDED FOR INFORMATION PURPOSES ONLY. THEY DO NOT CONSTITUTE

ANY COMMITMENTS ON BEHALF OF THE CITY OF LONDON. ACTUAL REVENUES AND CLAIMS WILL

BE DETERMINED IN CONJUNCTION WITH THE SUBDIVISION AGREEMENT AND ISSUANCE OF

BUILDING PERMITS. THE BY-LAWS IN EFFECT AT THE TIME OF BUILDING PERMITS BEING ISSUED

WILL ESTABLISH FINAL CLAIMS AND REVENUES.

II PREVIOUS REPORTS PERTINENT TO THIS MATTER R None.

0

en

0

41

I ' LOCATION MAP I Legend Subject Site : 1820 Woodhull Road Applicant : P. Matthews Roll Number :

File Number : 39t-03511 02-6558 Scale 1:6000 N

Planner : HMcN Created By : CMH Date : 2004 Nov 24

Prepared by : Graphics 8 lnformatlon Services , Planning Division Corporation of the City of London I File=planning/proJects/p-locationrnaps/MXDs

OSUBJECT-SITE pJ strctpoly

- registered 1-1- draft approved - - underreview

wtrpoly - widln

Agenda Item # Page #

Date Application Accepted:

September 24, 2003

4

Agent: EngPlus (Nindi Sharma)

39T-O3511/02-6558/H. McNeely

~

RATIONALE

APPROVAL of the Official Plan amendment, draft plan of subdivision, as red-line amended, and the Zoning By-law amendment, as amended, are recommended because:

1. The Ministry of Natural Resources has confirmed that they have no objection with the removal of the Aggregate Resource designation on Schedule 8 of the Official Plan.

2. The draft plan is consistent with the Official Plan policies, and the recommended lot sizes are comparable to the developable portions of the lots on the north side of Lime Kiln Drive.

3. The draft plan, as red-line amended, can be accommodated on the subject lands and can be integrated with the adjacent subdivision to the north on Lime Kiln Drive.

4. The recommended Zoning By-law amendment is consistent with the draft plan, as red- line amended, and the Holding provision to be applied on a portion of the subject lands will implement the minimum distance separation from the existing livestock operations located at 1941 Woodhull Road and 254 Gideon Drive.

5. The recommended zoning conforms to and will implement the Official Plan.

REFUSAL of the requested draft plan of subdivision and zoning by-law amendment is recommended because:

1. The proposed subdivision does not adequately address the access .drive connection for the existing residence, consistent with the agreement with the City; and the applicant’s proposed lot sizes are not considered to be comparable in size to the lots on the north side of Lime Kiln Drive.

2. The requested Residential R1 (RI- I I) Zone would allow lot sizes that are smaller in lot size than the existing residential lots on the north side of Lime Kiln Drive.

3. The Holding (h-37) provision is necessary to ensure that minimum distance separation is implemented to protect nearby existing livestock operations.

BACKGROUND


East - Agricultural

North - Residential subdivision / Woodeden Easter Seal Camp facility South - Residential dwellings I Agricultural

West - Residential dwellings/ Agricultural

5

A

39T-0351 I/OZ-6558/H. McNeely

REQUESTED ACTION:

Possible Amendment to the Official Plan to remove the “Aggregate Resource Area” designation from Schedule B - Flood Plain and Environmental Features of the Official Plan,

Consideration of a residential Plan of Subdivision with 23 single detached lots, 1 residential development block, served by 2 local public roads.

Possible amendment to the (Delaware) Zoning By-law to repeal the Agricultural (AG) Zone and to amend the City of London Zoning By-law Z.-I by adding a Residential R1 (RI- I 1) Zone.

SITE CHARACTERISTICS:

Shape - irregular

Current Land Use -field crop Frontage - approx. 387 m (1269 ft) Depth - approx. 345 m ( I 132 ft) Area - 8.4 hectares (21 acres)

SURROUNDING LAND USES:

// OFFICIAL PLAN DESIGNATION: refer to Official Plan map

Rural Settlement and Open Space I II 11 EXISTING ZONING: refer to Zoning map.

Residential R1-1 l(8); Agriculture DE-AG

The subject lands were annexed into the City of London from Delaware Township on January 1 , 1993 and were subject to an extensive review as part of the Vision ’96 Official Plan process. On December 22, 1999, the final Board Order was issued for Official Plan Amendment 88 (OPA 88) which designates the subject lands as Rural Settlement.

On September 24, 2003, the Planning Division accepted the subject subdivision development application from Phyilis Matthews for a residential plan of subdivision showing 23 single detached residential lots, a future development block, served by 2 local public roads; and a corresponding Zoning By-law amendment. Subsequently on July 7, 2004, the Planning Division accepted an Official Plan amendment for the removal of the Aggregate Resource Area designation on Schedule B of the Official Plan.

SUBJECT SITE

LEGEND

DOWNTOWN AREA

REGIONAL SHOPPING AREA

COMMUNITY SHOPPING AREA

NEIGHBOURHOOD SHOPPING AREA

ASSOCIATED SHOPPING AREA COMMERCIAL

BUSINESS DISTRICT

ARTERIAL MIXED USE DISTRICT

HIGHWAY SERVICE COMMERCIAL

RESTRl CTTED/HIG HWAY SERVICE COMMERCIAL

RESTRIO'ED SERVICE COMMERCIAL

COMMERCIAL POLICY AREA

MULTI - FAMILY, HIGH DENSITY RESIDENTIAL

MULTI - FAMILY' MEDIUM DENSITY RESIDENTIAL

LOW DENSITY RESIDENTIAL

--I AREAS l, I .a UNDER APPEAL OFFICE AREA

OFFICE/RESIDENTIAL

OFFICE BUSINESS PARK

GENERAL INDUSTRIAL

LIGHT INDUSTRIAL

REGIONAL FACILITY

COMMUNITY FAFILITY

OPEN SPACE

URBAN RESERVE - COMMUNITY GROWTH

URBAN RESERVE - INDUSTRlAL GROWTH

RURAL SETTLEMENT

ENVIRONMENTAL REVIEW

AQRl CULTURE

URBAN GROWTH BOUNDARY

TH18 IS AN EXCERPT FROM THE PLANNINQ DIVISION'S WORKINQ CONSOLIDATION OF SCHEDULE A To THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS

I FILENO, I CITY OF LONDON

DEPARTMENT OF PLANNING AND DEVELOPMENT I . OFFICIAL PLAN SCHEDULE A - LAND USE

k

HM

MAP PREPARED:

1 October 16,2003 CMH

I ,o 600 1000' 1Wrn

L I SCALE 1:30,000~- PREPARED W: draphlca & lnformatlon Servlces , - -. . . -

COUNCIL APPROVED ZONING FOR THE SUBJECT SITE: AG [former Delaware Twp] R1-ll(8)

1) LEGEND FOR ZONING BY-LAW Z-1 RI. - SINGLE DETACHED DWELLINGS R2 I - SINGLE AND TWO UNIT DWELLINGS R3 R4 - STREET TOWNHOUSE R5 - CLUSTER TOWNHOUSE R6 R7 - SENIOR'S HOUSING ' R8 - MEDIUM DENSlTYlLOW RISE APTS. R9 - MEDIUM TO HIGH DENSITYAPTS. R10 - HIGH DENSITY APARTMENTS R11 - LODGING HOUSE

DA - DOWNTOWN AREA RSA - REGIONAL SHOPPING AREA CSA - COMMUNITY SHOPPING AREA NSA - NEIGHBOURHOOD SHOPPING AREA BDC - BUSINESS DISTRICT COMMERCIAL AC - ARTERIAL COMMERCIAL HS - HIGHWAY SERVICE COMMERCIAL RSC - RESTRICTED SERVICE COMMERCIAL CC - CONVENIENCE COMMERCIAL SS - AUTOMOBILE SERVICE STATION ASA -ASSOCIATED SHOPPING AREA COMMERCIAL

- SINGLE TO FOUR UNIT DWELLINGS

- CLUSTER HOUSING ALL FORMS

OR - OFFICBRESIDENTIAL OC - OFFICE CONVERSION RO - RESTRICTED OFFICE OF -OFFICE

RF - REGIONAL FACILITY CF - COMMUNITY FACILITY NF - NEIGHBOURHOOD FACILITY HER - HERITAGE DC -DAYCARE

OS - OPEN SPACE CR - COMMERCIAL RECREATION

OB - OFFICE BUSINESS PARK LI - LIGHT INDUSTRIAL GI - GENERAL INDUSTRIAL HI - HEAW INDUSTRIAL EX - RESOURCE EXTRACTIVE UR - URBAN RESERVE

"h" - HOLDING SYMBOL "D" - DENSITY SYMBOL "H" - HEIGHT SYMBOL "6" - BONUS SYMBOL "T" - TEMPORARY USE SYMBOL I 2) C. r'. h

FOR TOWNSHIP ZONES PLEASE SEE THE RELEVANT -< c- ZONING BY-LAW FOR A DESCRIPTION OF REGULATIONS

CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT I

ZONING I BY-LAW NO. 2.4

SCHEDULE A 1 THIS MAP IS AN UNOFFICIAL EXTRACT FROM THE ZONING BY-LAW WITH ADDED NOTATIONS

~ ~~

FILE NO: 39t-03511/02-6558 HMcN

MAP PREPARED: 2003/10/1~, 2004/11/23 , 29 CMH

1 :6250

100 0 I00 Meters -

8 Agenda Item ## Page #

39T-03511/02-6558/H. McNeely

On October 4, 2004, the Planning Division received a revised draft plan of subdivision. The revisions to the plan are the result of consultation with UTRCA concerning the rear lot lines abutting the ravinelstream corridor and incorporating the required 6 metre erosion maintenance allowance at the rear of lots 10 through 15.

The delay in processing the subdivision application is the result of additional geotechnical information required by UTRCA concerning the slope stability adjacent to the existing ravinektream corridor, and the requirement for the applicant to submit an Official Plan amendment for the removal of the Aggregate Resource designation from Schedule B of the Official Plan. Clearance from the Ministry of Natural Resources regarding the removal of the Aggregate Resource designation was required prior to proceeding with a recommendation for the draft plan of subdivision.

Engineering and Environmental Services Department:

Sanitary - “The London Sanitary Sewer Servicing Study identifies that a future trunk sanitary sewer will eventually be constructed along Gideon Drive, outletting to the future River Bend pumping station. However, the construction of this trunk sewer is not planned in the near future.”

Storm -

Water -

Roads -

“The storm outlet for the subject lands is Tributary C of the Thames River as identified in the Downstream Thames Subwatershed Study.”

“The closest water supply available is the existing 600 rnm (24”) diameter water main on Westdel Bourne at Oxford Street West.”

“Prior to execution of the subdivision agreement, the one foot reserve along Lime Kiln Drive is to be released to permit access to Street “A”.

The subdivider is to be advised of the reduced load limit of Woodhull Road which restricts the load limit to a maximum weight of five (5) tones per axle for any vehicle traveling on this road during the period March 1 to April 30 inclusive in any year.’,

Red-line revisions - “Revisions are required to the draft plan as follows:

i)

i i)

iii)

iv)

v)

vi)

vii)

modify the draft plan, if necessary, should the lot sizes not be adequate to support the installation of private services;

modify the draft plan to re-align Street “B” such that Street “B” is perpendicular (at 90 degrees) to Street “A ;

modify the draft plan to reflect the minimum centreline radii (minimum inside street line radii) required on Street “ A ;

modify the draft plan to provide a widened road and tapers on both street lines of Street “A at Woodhull Road;

modify the draft plan to show daylighting triangles at the intersection of Street “A with Woodhull Road ;

modify the draft plan to show a daylighting triangle at the intersection of Lime Kiln Drive with Woodhull Road (southeast corner) ;

modify the draft plan to show a 0.3 m ( I J ) reserve along Woodhull Road abutting Lots 1-7 inclusive ;


39T-O3511/02-6558/H. McNeely

viii) modify the draft plan to show a 0.3 m (1’) reserve along Woodhull Road abutting Lot 8.”

Ministry of Natural Resources:

“The setbacks that would be required (to issue a license under the Aggregate Resources Act to extract the sandlgravel) between the existing residential development and the watercourse would not allow sufficient space on this site for a viable aggregate extraction operation. We have no objection to the removal of the ‘Aggregate Resource Areas’ designation from this site.”

Upper Thames River Conservation Authority:

“We are generally satisfied with the information submitted and can offer the following conditions of draft approval at this time:

I. That a detailed erosion and sediment control plan be submitted to the satisfaction of the UTRCA.

2. That detailed servicing and grading plans showing the measures identified in the stormwater management, and sediment and erosion control plans, be submitted to the satisfaction of the UTRCA.

3. That prior to final approval, the subdivider will be required to obtain all necessary approvals made pursuant to Section 28 of the Conservation Authorities Act to the satisfaction of the UTRCA. Specifically, permits will be required for the storm sewer outlet location, and for filling and grading activities at the rear of lots I 1 to 15.”

On November 16J 2004, the UTRCA confirmed that they are satisfied with the extent of the Open Space lands to be included on the recommended red-line amended draft plan, and they are satisfied that the natural hazards have been identified within the Open Space corridor. The open space corridor includes the area identified as top of slope plus a 6 metre buffer. The two components of the open space lands fulfill the requirements of the I00 year erosion line.

Thames Valley District School Board:

“This proposal is within a designated elementary attendance of Byron Northview Public School. The secondary students are accommodated at Saunders Secondary School. While there are no objections or modifications required to this proposal we would point out that the location of this development will require the long-term transportation of students. The application has been filed for information.”

Agricultural Advisory Committee (AAC):

“Notwithstanding the decision of the Ontario Municipal Board the City should not allow the current proposal to be implemented; Lot sizes should be the same as the lot sizes on Lime Kiln Road; Premature as the proposed lots do not have city services such as sewers and water; it being noted that the City has had problems with unserviced subdivisions in the past; Large scale development in a rural area; Does not comply with the Rural Settlement definition; Leap frog development; and Increased volume of traffic.”

Planning Comment: The proposed development is designated to allow a residential subdivision on private services. The proposed draft plan, as red-line amended completes the development of the Rural Settlement designated lands located at the south-east corner of Oxford Street W and Woodhull Road. Planning staff have evaluated the lot sizes between the Lime Kiln subdivision and the proposed subdivision based the developable land area above the geotechnical stable top of slope. Red-line revisions are recommended to


39T-03511/02-6558/H. McNeely

increase the lot sizes of the Woodhull plan lots immediately adjacent to Lime Kiln Drive and the recommended zone for these lots would allow a minimum lot area of 4000 square metres. All the recommended red-lined lot sizes in the Woodhull plan exceed the developable lot area of the smallest developable portion of a lot on the Lime Kiln Drive. The additional increase in traffic to the area is based on the recommended 27 lots. The owner will be required to make some minor improvements to Woodhull Road, including additional pavement widening, and constructing sight daylighting triangles at the access points to the subdivision to increase visibility for on-coming traffic along Woodhull Road.

EEPAC:

“EEPAC has several serious concerns about this proposal, which lead us to strongly advise the City not to proceed with this development as presented.

Our concerns revolve around two main issues: a) the potential for serious groundwater problems, and b) shortcomings of the BioLogic report in not addressing the overall ESA strategy in this

a re a. I‘

In response to an addendum to the geotechnical study prepared by Trow Associates Inc. dated February 16, 2004, EEPAC recommended the following:

“The application for the proposed subdivision at Woodhull Road be rejected; and Civic Administration obtain a servicing plan for. areas which are proposed for development prior to the acceptance of any development proposal.”

i) i i)

Subsequently, in response to the revised application for the Official Plan amendment to remove the Aggregate Resource Area designation from Schedule B, EEPAC advised they “do not support redesignation until such time as there is satisfactory evidence made available to the EEPAC that the area would support development and would therefore warrant the EEPAC’s consideration of such redesignation.”

Planning Comment: An EIS report prepared by Biologic in May 2000, adequately addresses the features within the significant stream corridor (Vegetation Patch 07032), and was accepted by fhe City. The open space lands located on the Phyllis Matthews property are not identified as €SA lands; however, they are identified as river/stream corridor on Schedule B of the Official Plan. Notwithstanding, the open space lands provide a linkage to ESA designated lands and therefore from a long term land use planning perspective an open space linkage system that includes the ravine/stream corridor should be established. As a result of discussions between the applicant and Planning staff regarding the planning of the open space system, the applicant has agreed’with staff‘s recommendation to red-line the plan to include the open space lands within the boundaries of the draft plan. The integration of the open space lands within the boundaries of the subdivision is an opportunity for the City to establish the desired open space conn ection.

An addendum to the original geotechnical study was prepared by Trow Associates, dated February 76, 2004. Trow’s study concludes that a properly designed filter bedlor biofilter septic systems are not expected to detrimentally impact the groundwater aquifer. In addition, the Trow report identified that the MOE Well records in this area revealed a pump rate of 78 to 25 gpm based on two nearby existing wells. Based on their findings, Trow concludes that there is sufficient groundwater in the shallow and bedrock aquifers. The geotechnical report addendum was circulated to EEPAC on March 3, 2004 for comment. As of the date of this report, no additional comments from EEPA C regarding the groundwater issue have been received. A condition of draft approval is recommended that requires water quality monitoring be carried out commencing from any site alteration until and after dwelling construction is complete to ensure there is minimal impact to the existing wells in the area.

On September ?6, 2004, Planning staff provided to € W A C at their meeting a copy of fhe justification report for the removal of the Aggregate Resource Area designation prepared by EngPlus, dated July 28, 2004, and the clearance letter from the Ministry of Natural Resources. As of the date of this report, no further comments regarding the removal of the Aggregate Resource Area designation was received from EEPAC.

11

On October 17, 2003, 24 liaison letters were circulated and on October

Agenda Item # . Page #

As of the date this report was prepared, twelve (1 2) responses have been received.

39T-0351 I/OZ=6558/H. McNeely

Canada Post Corporation:

“This development as described, will receive mail delivery via lot line delivery to a rural mail receptacle supplied by the owner or developer. “

London Hydro:

“London Hydro has no objection to this possible zoning amendment.

Servicing the above proposal should present no foreseeable problems; however, London Hydro will prepare an electrical layout and submit our requirements for the Developer’s approval as a condition of servicing and site plan approval. Any new and/or relocation of existing electrical infrastructure at the existing residence will be at the applicant’s expense. Note: Transformation lead times are 8-1 0 weeks.”

PUBLIC

LIAISON:

On July 21 , 2004, 25 liaison letters were circulated for the revised application and on July 31, 2004 notice was given in Living in the City.

Responses: Of the twelve responses received concerning the proposed development there were three respondents that do not object to the proposed development, there were three respondents that have objections to the proposed development, and there were seven respondents that expressed concerns regarding possible impacts of the proposed development .

The concerns expressed by the area residents are summarized as follows: Road access for the existing residence at 181 0 Woodhull Road - subdivider is required to fulfill the requirements of an agreement with City Proposed lot sizes are not considered comparable to the existing lots on Lime Kiln Drive Possible impact on well water quality and quantity - significant water recharge area Septic system with raised beds may have impact on wells in the development and in the surrounding area. New development will have impacts on adjacent open space/ ESA lands Leapfrog development not good planning, and subject lands are part of urban growth area Potential traffic impacts - increase in traffic increase in speed of traffic and increase visibility problems Consider proposal premature because it is outside of the urban growth boundary and expressed a need for a comprehensive plan for possible development in the area.



ANALYSIS

Existing Situation:

To the north of the subject lands is an existing 5 lot residential subdivision on Lime Kiln Drive. The surrounding lands are comprised predominantly of agricultural operations, horse barns, and residential dwellings.

The residential lot located at 1810 Woodhull Road originally comprised part of the subject lands but was severed in May, 2002. The parcel at 1810 Woodhull Road is in separate ownership with an access easement traversing the site. The balance of the 26 hectare (65.26 acre) parcel of land owned by the applicant, including the subject site is used for agricultural purposes and is dissected by a stream corridor. The subject parcel comprising the proposed draft plan of subdivision is located north-west of the stream corridor. The approval of the subdivision would in effect sever the draft plan lands from the balance of the applicant’s land holdings. Notwithstanding the lands will become severed as a result of registration of the plan of subdivision, the owner has submitted a separate application for land severance (B. 16/04) to convey the lands containing the draft plan from the balance of the lands. The severance application was revised to include the open space lands in the land holdings of the conveyed lands. As such, to be consistent with the revised severance, the plan of subdivision was red- line amended to include the open space lands.

The subject site is comprised of field crop, a driveway within an easement serving the existing dwelling located at 1810 Woodhull Road, and contains a barn structure with a silo. The silo was built in 1939; however, it has been brought to Planning staffs attention that the clay silo may have some heritage significance and should be inventoried. It is recommended that a condition of draft approval be included that requires the City Heritage Planner and LACH to inventory the silo. The recommendations of staff and LACH should be implemented prior to the owner removing/demolishing any of the on-site farm buildings.

The subject site is located within an area of archaeological potential. As such, a condition has been included under the conditions of draft approval to address the archaeological requirements.

Official Plan:

The subject lands are designated “Rural Settlement” on Schedule A in the Official Plan, and is designated “Aggregate Resource Area” on Schedule B in the Official Plan. The east portion of the plan, as red-line amended, is designated as “Open Space” in the Official Plan, and identified as a “River / Stream Corridor” on Schedule B of the Official Plan.

Aggregate Resources -

An aggregate resource review was completed by EngPlus (July 28, 2004) as part of their request for the Official Plan amendment to remove the Aggregate Resource designation from Schedule B of the Official Plan. The justification report included reasons for the removal of the designation from Schedule B based on location and the proximity to an existing subdivision and a significant watercourse, a geotechnical investigation which did not indicate the presence of any significant amount of aggregates and the presence of a high water table which makes the site unsuitable for aggregate extraction, the site is too small and confined to support aggregate extraction on a commercial scale, and the impacts of heavy truck traffic on Woodhull Road hauling aggregates. Based on the EngPlus report, the Ministry of Natural Resources has provided clearance to the removal of the Aggregate Resource Area designation from Schedule B of the Official Plan. As such, the change to Schedule ‘B’ to the Official Plan can proceed to remove the Aggregate Resource Area designation. EEPAC had expressed that they would not support redesignation until there was satisfactory evidence made available to them. On September 16, 2004, Planning staff provided to EEPAC at their meeting a copy of the justification report prepared by EngPlus, dated July 28, 2004, and the clearance letter from the

Agenda Item ## Page # 13

39T-0351 IIOZ-6558lH. McNeely

Ministry of Natural Resources. As of the date of this report, no further comments regarding the removal of the Aggregate Resource Area designation was received from EEPAC.

Rural Settlement -

The Rural Settlement designation permits single detached dwellings on lots suitably sized to allow for the proper siting and functioning of individual on-site water supply and wastewater treatment systems. The proposed residential land use for the subject site is a permitted use in the Official Plan, subject to meeting the required development standards.

Special Policy Section 10.1.3 in the Official Plan identifies that the lands within the Rural Settlement designation on the subject lands may be developed for the purposes of a rural estate residential subdivision provided an environmental impact study is undertaken prior to the approval of the subdivision to determine measures for protection, and possible enhancement; and that the subdivision shall consist of large rural residential lots comparable to those on the north side of Lime Kiln Drive. The applicant has submitted an EIS as required by the OP policy. The recommendations of the EIS have been included as conditions of draft approval. An evaluation of the comparable lot sizes has been addressed under the subdivision design analysis, below, of this report.

Envh-onmental Impact Study (EIS) -

An EIS was required to evaluate the potential impacts of the subject development on the adjacent river/stream corridor. An EIS report prepared by Biologic in May 2000, addresses the features within the significant stream corridor (Vegetation Patch 07032), and the EIS was accepted by the City. In response to the concerns expressed by EEPAC, UTRCA and the City, an addendum to the geotechnical report (February 16, 2004) was submitted to confirm that the . rear lot lines coincide with geotechnical stable top of slope and that the erosion protection setback is not located within the lots. A site investigation was conducted by UTRCA with the engineering consultants to confirm the rear lot lines along the west limit of the open space lands. The applicant subsequently submitted a revised draft plan (October 4, 2004) which incorporates the accepted rear lot lines along the open space corridor. In addition, Planning staff is recommending the open space corridor be incorporated within the limits of the draft plan. The integration of the open space corridor not only satisfies the park land dedication requirements in accordance with the Planning Act, but also addresses EEPAC’s concern regarding the overall ESA strategy in this area. The open space lands are intended to form part of a larger public open space system that includes the ravinelstream corridor and the flood plane forest along Oxford Street W. The access connection from the developable portion of the subdivision to the east side of the ravine will provide the open space linkage along the east side of the ravine from Woodhull Road to Oxford Street W.

,

Draft Plan of Subdivision:

Major elements of the land use pattern proposed in the submitted plan of subdivision include 23 single detached dwelling lots, ’l residential development block, served by two local public streets. The land use and road pattern of the draft plan is consistent with the adjacent Lime Kiln subdivision.

Design -

Notwithstanding the proposed subdivision is a permitted use on the subject lands, the applicant’s proposed lot sizes in the submitted draft plan are not considered to be “comparable” in size to the lots in the Lime Kiln subdivision and therefore do not satisfy Policy 10.1.3.(1x) of the Official Plan.

The term “comparable I‘ as it applies to the Woodhull and Lime Kiln subdivisions is being characterized in different methods. The residents of Lime Kiln consider the entire legal lot as the lot size on which ‘comparable’ should be based. However if current planning standards were

14 Agenda Item ## Page ##

39T-03511/02-65581H. McNeely

applied to the Lime Kiln subdivision, the portion of lot containing the slope area would not be included in the developable land area and the lot line would be established at the geotechnical stable top of slope, similar to the standards being applied to the Woodhull subdivision. For the purposes of the review to determine comparable lot sizes, Planning staff has applied the current standards to both plans of subdivision. Specifically, the lot fabric used in the calculations for the Lime Kiln subdivision does not include the portion of lands comprising the slope, and the calculations have been applied to the lots on the north side of Lime Kiln, only, consistent with the requirements in the Official Plan policy (refer to attached comparison map).

Developable Portion - Highest and Lowest Lot Sizes (m2) I Lime Kiln - 4398 / 2061 I Woodhull - 4231 / 2690 . I

Developable Portion - Average Lot Size (m2) 1 Lime Kiln - 3409 I Woodhull - 3280

Developable Portion - Median (m2) I Lime Kiln - 3590 I3140 1

Based on the information above, a comparable lot size of approximately 4000 square metres (13,123 square feet) is recommended for the lots which have direct exposure to the Lime Kiln subdivision, specifically lots 1 and 21. The balance of the subdivision which comprises lots sizes starting from 2690 square metres (8825 square feet) is supported by Planning sta proposed lots exceed the smallest developable portion of a lot on Lime Kiln Drive. As identified above, the smallest lot in the Woodhull subdivision exceeds the smallest lot in the Lime Kiln subdivision by 629 square metres (2064 square feet). Red-line changes to the Woodhull draft plan to reflect the recommended lot sizes would result in a loss of 2 lots for a total of 21 lots.

The recommended red-line changes to the draft plan to show comparable lot sizes starting at 2690 square metres (8825 square feet) is consistent with the intent of the Official Plan Policy 10.1.3, and the methodology used to establish a comparable lot area represents a fair and reasonable approach to address the concerns of both the existing residents and the applicant.

Road Access to 7870 Woodhull Road -

As part of an agreement between the City and the applicant for the land severance at 1810 Woodhull Road, dated June 13, 2002, the applicant is required to provide an access for the existing residential lot at 1810 Woodhull Road. The clause is identified as follows:

“Matthews covenants and agrees to permit an access drive on the lands over the retained parcel (I820 Woodhull Road) from the residence on the severed parcel (I810 Woodhull Road) to either Lime Kiln Drive or Woodhull Road, but not both at a location determined by her as the owner of the retained parcel.”

The proposed draft plan shows a block of land (Block 24) abutting the identified severed parcel, described as Part 3, 33R-14928. To satisfy the conditions of the agreement, it is recommended that Block 24 be deleted and replaced with the extension of Street B. The extension of the public road will ensure that the parcel of land located at 1810 Woodhull Road has frontage and access to a public road. On registration of the proposed road in the red-lined draft plan, the existing access agreement would be given up as a public access would be available to 1810 Woodhull Road.

COMPARISON MP

Legend New Stable Slope 6m Buffer

Contours -J Structures

‘-1 Open Space Corridor

----

MDS Buffer Ring

- 250 Year Flood - Remnant Valley Slope - Stable Slope Toe Erosion Stable Slope - Top of Slope

Parcels

206tJ..I, Buildable Lot Area - Recommended 1 :3,500 Red-line Revisions

0 MDS

“ I I

A 3 -

16 Agenda Item # Page #

39T-0351 IlOZ-65581H. McNeely

Parkland Dedication - A neighbourhood park is not required for this subdivision. However, from a long term land use planning perspective it is anticipated that an open space system that includes the ravinektream corridor should be established in the area. As a result of extensive discusSions between the applicant and Planning staff regarding the planning of the open space system, the applicant has agreed with staffs recommendation to red-line the plan to include the open space lands within the boundaries of the draft plan. To address the connection to the open space block, it is recommended that a provision for access to the existing stream crossing should be made between lots 14 and 15 of the plan, as red-line amended. The access provision would allow an internal connection to the lands east of the ravine and to a future linear open space corridor. It is recommended the draft plan be red-line amended to show the 10 metre wide access. The access and open space lands comprise the five (5) percent parkland dedication, based on a 4: l ratio, for the applicant’s entire land holdings at 1810 Woodhull Road. As such, upon conveyance of the Open Space block to the City, the owner will be relieved from any further parkland contribution for future development on the balance of the lands. Further, the boundary of Open Space block will constitute the development limit for the recommended plan of subdivision as well as the development limit for the retained lands, east of the Open Space block. The approved zoning setback requirements will apply from the accepted developmen t/o pen space li m it.

It is recommended that a condition of draft approval be included to require the access and rear lot lines of the residential lots be monumented to identify the limits of the lots relative to the ravinektream corridor and to control encroachments into the open space lands.

Fencing Adjacent to Woodhull Road -

Woodhull Road is classified as an arterial road on Schedule C of the Official Plan and according to Council Policy a noise wall is required. However, it is recommended that a noise wall not be required to be constructed on Woodhull Road at the present time given that the proposed subdivision is located outside of the urban growth boundary and that noise typically generated from an arterial road would not be experienced here for some time. Notwithstanding, as a minimum it is recommended that a condition of draft approval be included requiring the subdivider to install a fence treatment along the west limit of the plan adjacent to Woodhull Road and the north limit of the plan adjacent to the Lime Kiln subdivision that has a consistent treatment acceptable to the General Manager of Planning and Development. In addition, it is also recommended that as a condition of draft approval, the owner agrees that any future noise attenuation along the Woodhull Road frontage will be constructed on private property.

Red-line Amendments to the Draff Plan -

i) lot adjustments to the plan and re-label lots/blocks accordingly;

ii) re-align Street “6” such that Street %” is perpendicular (at 90 degrees) to Street “A;

iii) show a minimum centreline radii (minimum inside street line radii) required on Street “ A ;

iv) provide a widened road and tapers on both street lines of Street “ A at Woodhull Road;

DRAFT PIA! F) ZUBDlVlSlON

LOT C, GORE CONCESSION IN me

COUMY OF MIDDLESEX

( C E O O W C TOWNSHIP OF DMWARE)

/ CITY OF LONDON SCALE 1:lOM) (MEKUC)

( - H M )

J. ANDFEW SMITH ONTARIO UND SURVROR

LAND USE SCHEDULE:

Revised Draft Plan as Submitted by Applicant

.October 4, 2004

I

I RECOMMENDED REDlLlNE REVISIONS 39T103511 I I I

I I

Legend - Recommended Red-line Revisions

Submitted Plan (Oct.4/04)

SCALE 1 :3,000 * Measurements shown are approximate.

LOCATION: e:\plannlng\srnith\ Woodhull-rd\WoodhullJaport.mxd I I 1 Meters I Plot Date: Nov. 23, 2004 0 25 50 100 150 200

N


39T-03511/02-6558/H. McNeely

v)

vi)

vii)

viii)

ix)

)o

xi)

Zoning:

show daylighting triangles at the intersection of Street “ A with Woodhull Road ;

show a daylighting triangle at the intersection of Lime Kiln Drive with Woodhull Road (southeast corner) ;

show a 0.3 m (1’) reserve along Woodhull Road abutting Lots 1-6 i n cl us i ve ;

show a 0.3 m (1’) reserve along Woodhull Road abutting Lot 7;

show a 0.3 m (1’) reserve along the north limit of lot 21 abutting Lime Kiln Drive;

extend Street B to abut the adjacent residential parcel to the north-east.

show a 10 metre wide access block between Lots 14 and 15.

The applicant has requested the Residential R1 (RI- I 1) Zone on the subject lands. The subject lands are presently zoned Agricultural (AG) in By-law 8-1984 (Delaware) and a portion of land north-east of Street B is Zoned Residential R1 Special Provision (RI- I l(8)). As such, an amendment to delete the lands from By-law 8-1984 and an amendment to apply a new Z.-1 Zone on the lands is required. The portion of the subject lands within the R l - I l (8) is required to be modified to be consistent with the zoning of the lands within the boundary of the draft plan.

New R? (RI-14, Rl-15, and Rl-16) Zones have been developed through the Annexed Area Zoning By-law Program to recognize large rural lots for lots designated Rural Settlement in the Official Plan. It is recommended that the R1-14, R1-15, and R1-15 Zones be applied to the subject lands to ensure that the lot sizes as shown on the red-lined plan are maintained. The intent is to have larger lots directly abutting Lime Kiln Drive (lots I and 21) with a minimum lot area of 4000 square metres and a transition of lot sizes with a’minimum lot area of 3000 square metres to lot sizes of a minimum lot area of 2600 square metres on the balance of the subdivision. The applicant has been consulted regarding the transition of lot sizes in the subdivision and they have verbally indicated that they are in agreement with staff‘s recommendation.

A holding provision (h) is recommended for the owner to enter into a subdivision agreement with the City for the draft plan of subdivision.

The holding provision (h-37) is recommended to be applied to Lots 7 and 8 within the minimum distance separation (MDS) from adjacent livestock operations at 1941 Woodhull Road and 254 Gideon Drive (refer to comparison map). It is the intent of the holding provision to restrict building permits from being applied for on the parcels affected by MDS. The holding provision shall not be removed until the livestock operation, or the building infrastructure capable of housing livestock ceases to exist.

Issues:

1 .Geotechnical - i. Slope Stability - At the time of the circulation of the application and original

geotechnical study, UTRCA had identified technical and policy application issues that were required to be addressed in an accepted final geotechnical report before recommending draft approval of the proposed plan of subdivision. Additional information that was requested by UTRCA included detailed cross sections, a plan illustrating the contours and slope boundaries, and additional discussion and recommendations respecting the potential impact of the private sewage disposal systems on the slopes.


Buildings

20

Floor Area of Ft2 of Building Estimated MDSI Building (ft2) per Animal Livestock Calculation (m)

House hold Housing Capacity in

39T-0351 IiOZ=6558/H. McNeely

Subsequently after further consultation and site meetings with the applicant and consulting engineer, UTRCA confirmed that the additional information provided to them satisfied their concerns. Revisions to the rear lot lines abutting the ravinektream corridor provide the required 6 metre erosion maintenance allowance at the rear of lots 10 through 15. In addition, conditions of draft approval have been included to address UTRCAs requirements for sediment and erosion control, and the required approvals in accordance with the Consentation Authorities Act.

ii. Septic system - In conformity with the Official Plan, the subject subdivision is proposed to be developed on private services. A study prepared and certified by Trow Associates, dated February 16, 2004, concludes that the proposed 23 lot subdivision can be serviced by individual private septic systems and private water wells without impact on the quality and quantity of existing adjacent private water wells. As a condition of draft approval, the recommendations of the Trow report will be required to be implemented at detail design and construction of the development .

2. Water Quality and Quantity -

A study prepared by Trow Associates, dated February 16, 2004, has identified that the potable water can be taken from a shallow aquifer (within 10 metres below the ground surface). The study concludes that properly designed filter bedlor biofilter septic systems are not expected to detrimentally impact the groundwater aquifer. As a condition of draft approval, it is recommended that additional water quality monitoring be carried out during and after construction to ensure minimal impact to the existing wells in the area.

The Trow report identified that the MOE Well records in this area revealed a pump rate of I 8 to 25 gpm based on two nearby existing wells. Based on their findings, Trow concludes that there is sufficient groundwater in the shallow and bedrock aquifers.

EEPAC had expressed concerns regarding the potential for serious groundwater problems. The comments from EEPAC were based on a report prepared by Trow Consulting Engineers Ltd. dated January 21, 2000. The addendum to the geotechnical report, dated February 16, 2004, discussed above, was circulated to EEPAC on March 3, 2004 for comment. As of the date of this report, no additional comments from EEPAC regarding the groundwater issue have been received.

3. Minimum Distance Separation (MDS) from Existing Livestock Operations -

According to the Minimum Distance Separation from Livestock Facility (MDS I), the existing livestock facilities located at 1941 Woodhull Road and 254 Gideon Drive have the potential to impact Lots 7 and 8 of the recommended proposed draft plan, as red-line amended (refer to attached comparison map).

Given the applicant did not provide any information regarding the adjacent livestock facilities, Planning staff determined the capacity based on the building footprint of the buildings for horses. The capacity of the identified barns for each property were added together to calculate the total capacity for horses on the respective property. The MDSl calculation is based on the total livestock capacity of the livestock facilities located on the property .

The following table outlines the MDSI calculation based on the building footprint for the su rro u n d i ng I ivest ock f aci I i t ies .

21

1941 Woodhull Road

309 Gideon Drive

254 Gideon 1 Drive

Agenda Itern # Page #

Livestock Units 41 03 325 ft2/horse of 13 133

downstairs floor area, including alleys.

10980 Same as above 34 160

291 88 244 I 90 I Same as above

39T-0351 I/OZ-6558/Hm McNeely

148 Gideon I Drive 6 I Same as above

2102

Note: Based on Animal Group 7 - 7 livesfock unit equals one Horse unit (MDS7 publication, March 1995 OMAFRA)

The MDSI calculation for an on-site manure storage system is also applicable for the proposed residential development. However, for covered storage systems in MDSI the same measured distance applies.

4. Public Concerns -

In response to the expressed concerns of the public, the proposed development is designated to allow residential development on private services. The proposed draft plan, as red-line amended completes the development of the Rural Settlement designated lands located at the south-east corner of Oxford Street W and Woodhull Road.

Lot Sizes -

The Planning Division has evaluated the lot sizes between the Lime Kiln subdivision and the proposed subdivision. The land area used for the calculations on both plans is the developable land area above the geotechnical stable top of slope. It is recommended that red-line revisions to the Woodhull plan are required to enlarge the lots immediately adjacent to Lime Kiln Drive and the recommended zone for these lots would allow a minimum lot area of 4000 square metres. As a transition, the abutting four lots are recommended to be red- line amended and zoned for lot sizes at a minimum of 3000 square metre lots, and the balance of the lots are recommended to be red-line amended and zoned for lot sizes at a minimum of 2600 square metres. It is noted that all the recommended lot sizes in the Woodhull plan exceed the developable lot area of lot 3 on the Lime Kiln subdivision. The total number of units in the Woodhull plan is reduced from 23 units to 21 units.

Servicing - According to a geotechnical study certified by a licensed professional engineer, the subject property is capable of supporting development of at least 23 lots. The study confirms that the installation of private water wells and septic beds for the proposed development, in accordance with the specifications of the geotechnical engineer, should not impact the quality and quantity of the ground water aquifer/supply in the surrounding area.

Access to Woodhull Road -

To satisfy the requirement for the provision of a road access for 181 0 Woodhull Road, a red- line amendment to the plan is recommended to delete Block 24 and extend the bulb on Street B. The road extension to the limit of 1810 Woodhull will ensure that there is direct frontage and access to serve the existing lot.



Open Space Lands -

Regarding the possible impacts of the development on the abutting open space lands, a geotechnical study has been completed and accepted by UTRCA and the City specifically to address the slope stability of the east' limit of the development lands. In addition, the applicant submitted a revised plan (October 4, 2004) which shows the accepted development limit. The Planning Division has also recommended that the ravine/corridor lands be included in the boundary of the draft plan and zoned for open space uses to ensure the lands are adequately protected and enhancement measures can be applied. Conditions of draft plan approval are also recommended to require a detailed erosion and sediment control plan be submitted for approval, and the submission of grading plans of the open space block for review and approval by the Planning Department.

Access to Arterial Road -

To alleviate site access visibility concerns with proposed development, access to Woodhull Road is limited to an internal road access (Street A) from this subdivision, only. As such, the lots abutting Woodhull Road will be restricted from having direct access to Woodutl Road. The additional 21 units to the area will result in additional traffic; however, the owner will be required to make some minor improvements to Woodhull Road, including additional pavement widening, and constructing sight daylighting triangles at the' access points to the subdivision to increase visibility for on-coming traffic along Woodhull Road.

I CONCLUSION

The proposed draft plan of subdivision, as red-line amended, is recommended for draft approval. The draft plan is consistent with the Official Plan. Appropriate conditions have been included in the conditions of draft approval and requirements to be included in the subdivision agreement. The recommended Zoning By-law amendment is in conformity with the Official Plan and a holding provision is also recommended for minimum distance separation from existing livestock operations. Special provisions to the Zoning on the subject lands are recommended to maintain the lot sizes of the recommended red-lined draft plan of subdivision. The proposed land use is compatible with the existing surrounding land uses, and conditions of draft approval have been included requiring the owner to implement the requirements of an accepted EIS.

I

H. McNEELY SENIOR PLANNER

SUBDIVISIONS & SPECIAL PROJECTS

SUBMITTED B Y

I/

MANAGER OF SUBDIVISIONS & SPECIAL PROJECTS

D. N~TANLAKE

~

RECOMMENDED BY:

R. W. PANZER Lh% GENERAL MANAGER OF PLANNING AND DEVELOPMENT lecember 2,2004

HMcN/ "Attach."

Y:\shared\sub&spec\subdiv\2003\39T-03511 \report pc


Matthews and the Citv.

23

Martin Langdale - 2280 Lime Kiln Drive

39T-O3511/02-6558/H. McNeely

Responses to Public Liaison Letter and Publication in “Living in the City”

Andrea Gross - 1810 Woodhull Road Aware of proposal, however did not realize it would occur this soon. Requested confirmation of proposed timing of development .

Tony Scarpelli - 2320 Lime Kiln Drive No objections expressed to development, however concerned with potential impact on water quality and quantity of wells. Requested Notice of Decision of draft plan approval.. Nan Brown - 3936 Southwinds Court Expressed concerns with proposed application. Requested Notice of Decision of draft plan approval.

Neville Knowles - 2300 Lime Kiln Drive Expressed concern with quantitylquality of water. No concerns with proposed development in general. Requested Notice of Decision of draft plan approval. Bob Young - 2250 Lime Kiln Drive Expressed concerns with possible impacts of development on water quality/quantity, the number of proposed lots, and that the lot sizes are not comparable to the existing lots in the Lime Kiln subdivision. Requested Notice of Decision of draft plan approval.

Leslie Cornish - 309 Gideon Drive Expressed no objection to the proposed residential subdivision; however, requested that with the proposed development the water quality and quantity be safeguarded. Robert and Lorraine Lukings - 2250 Lime Kiln Drive Expressed concerns regarding:

- water - existing, and future impacts

- private septic - concern with lightslglare and

traffic in this area if street located opposite his lot.

- Opposes intensification altogether

Requested Notice of Decision of draft plan a p prova I .

Don Bryant, McKenzie Lake on behalf of hdrea Gross - 1810 Woodhull Road

Michael Pearce and Kathy Karn - 1845 Woodhull Rd Expressed concern regarding water quality/quantity; the lot size are too small and not comparable with existing lots on Lime Kiln Drive, number of proposed lots, and protection of environmental area and ravine. Requested Notice of Decision of draft plan approval. Rachel Benjamin - 578 Dufferin Ave Expressed objection with the proposed development and impact on agricultural lands.

Lori and Steve Tisdall - 1941 Woodhull Road Expressed full support for the residential subdivision and confirmed that during the 7 generations (200 years plus) they have not experienced a shortage of quality water on their property. They expressed that with proper studies for water quality and quantity the proposed development should not affect their supply of water.


39T-03511102-65581H. McNeely

AMENDMENT NO.

to the

OFFICIAL PLAN FOR THE CITY OF LONDON

A. PURPOSE OF THIS AMENDMENT

The purpose of this Amendment is:

A . To remove ,the Aggregate Resource Area designation of certain lands on Schedule B of the Official Plan for the City of London.

6. LOCATION OF THIS AMENDMENT

1. This Amendment applies to a portion of lands located on the south side of Oxford Street W, east of Woodhull Road, known municipally as 1820 Woodhull Road in the City of London.

C. BASIS OF THE AMENDMENT

Schedule B of the Official Plan presently designates the subject site as Aggregate Resource Area and is identified as being within a ground water recharge area.

An aggregate resource review was completed by EngPlus (July 28, 2004) as part of the request for the Official Plan amendment to remove the Aggregate. Resource designation from Schedule B of the Official Plan. The justification report included reasons for the removal of the designation based on location and the proximity to an existing subdivision and a significant watercourse, a geotechnical investigation which did not indicate the presence of any significant amount of aggregates and the presence of a high water table which makes the site unsuitable for aggregate extraction, the site is too small and confined to support aggregate extraction on a commercial scale, and the impacts of heavy truck traffic on Woodhull Road hauling aggregates. Based on the EngPlus report, the Ministry of Natural Resources provided the required clearance to change to Schedule 'B' of the Official Plan to remove the Aggregate Resource Area designation.

D. THE AMENDMENT

The Official Plan for the City of London is hereby amended as follows:

I. Schedule "B'l, Flood Plain and Environmental Features, to the Official Plan for the City of London Planning Area is amended by removing the designation from a portion of those lands located at I820 Woodhull Road in the City of London, as indicated on "Schedule I 'I attached hereto.

27

1 2


RESIDENTIAL TYPE ZONES

39T-0351 I IOZ-6558/Hm McNeely

~~

4 5

ENACTING CLAUSE

BY-LAW NO. 2.-I

~

LOT AREA (m2) MINIMUM LOT FRONTAGE (ma)

CITY OF LONDON ZONING BY-LAW

6

BY-LAW NO. 2.-I AMENDMENT

MINIMUM FRONTAND EXTERIOR SIDE YARD DEPTH (m) MlNlMlUM

1) Section 5.1 to By-law No. Z.4 (General Purpose of the R I Zone) is amended by adding the words .... “The RI-14, Rl-15 and Rl-116 Zone variations are intended to apply to large lots with single detached dwellings’ ’.....after the sentence. ..The RI - 13 Zone variation deals specifically with small lot single detached dwellings in suburban areas of the City.

12

’13

I A

2) Section 5.3 4) is amended by adding the words.. ..”and R l -1 4, R’II -1 5, and R l -1 6 . *.

after the words Rl-6 to R l - I 1 in the title.

INTERIOR SIDE YARD DEPTH (m) MINIMUM

MAXIMUM LOT COVERAGE (%I

3) Table 5.3 to By-law No. 2.4 is amended by adding the following column containing the regulations for the Residential R I (Rl -1 4), (Rl -1 5) and (Rl -1 6) Zones:

25

Residential R I (R1-14, R1-15, R1-16) Zones

25 20

Column A

‘

I K H_EIGHT (m) MAXIMUM

3 I PERMITTEDUSES

16 NUMBER OF UNITS PER LOT

I 1 I

LOCAL STREET MAIN BUILDING

LOCAL STREET GARAGE ARTERIAL PRIMARY COLLECTOR SECONDARY COLLECTOR

REAR YARD DEPTH (m) MINIMUM

PARKING AREA COVERAGE (%) MAXIMUM

0 IP I Q SINGLE DETACHED DWELLING UNIT

R1-14 I R1-15 I R1-16 SEE SECTION 5.2

6.0 I 6.0

4000 50.0

6.0

6.0

8.0 7.0

6.0

25% of lot depth or 10.5 m, whichever is greater

12.0 I 12.0 1 12.0

15 I lo 1 5

I

Amendment No.

LOCATION MAP

CITY OF LONDON

DEPARTMENT OF PLANNING AND DEVELOPMENT

PREPARED BY Graphics h Informalion Serices

LEGEND

n Subject Site 1-1 Buildings 1-1 Water

/'$,/ Fence $,:$ . . E; Vegetation --.,

SUBJECT SITE 1820 Wickerson Rd

FILE NO: 02-6558/39T-0351 I HM

MAP PREPARED:

2004/11/29 CK 1:6500

60 0 50 100 Melera -

AMENDMENT No.

Remove: Aggregate Resource Area A

I

i b r

LEGEND

NATURAL HERITAGE SYSTEM ESA'S

POTENTIAL ESA'S ...... ...... , . . . , .

3"": DEFERRED AREAS NATURAL HAZARDS 'L...+ FLOODLINES *NOTE* Flood lines shown on this map are approximate, The preobe delineation of flood plain mappln is avaitable from the oonrsrvation authority having jurltdPetion. FLOOD FRINGE *NOTE* flood Fringe map Ing for certain areas of the city le available from the Upper dames River Conservation Authority.

,&/' 100 YEAR EROSION LINE /\J' FILL LINES ~~~~

VEGETATION PATCHES OUISIDE ESA'S AND WETLANDS

RIVER'STREAM AND RAVINE CORRIDORS OUTSIDE OF FLOOD PLAIN REGULATED CORRIDORS POTENTIAL SPECIAL POLICY AREAS WETLANDS CLASS 1 - 3 WETLANDS CLASS 4 - 7 GROUND W&ER RECHARQE AREAS WOODLANDS

UPLAND CORRIDORS .&$. POTENTIAL NATURALIZATION AREAS AND

NATURAL RESOURCES v& EXTRACTIVE INDUSTRIAL

&w AOQREQATE RESOURCE AREAS

ABANDONED OWGAS WELU

' THIS IS AN EXCERPT FROM THE PLANNING DIVISION'S WORKlNQ CONSOLIDATION OF SCHEDULE B To THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS

FILE NO.

SCHEDULE 1

OFF'ICIAL PLAN TO

AMENDMENT NO.

1 02-65 !58/39%O35 I I HM MAP PREPARED: I November 25,2004 CK

I 0- 600 1000

39T-0351 I /02=6558/H. McNeely

ENACTING CLAUSE


BY-LAW NO. 2.4 - AMENDMENT

Schedule "A" to By-law No. 8-1984 (former Delaware) is amended by deleting the Agricultural (AG) Zone applicable to a portion of the subject lands located at 1820 Woodhull Road, as shown on the map below comprising part of Zoning Map Schedule C and removing this site from the By-law.

AMENDMENT TO SCHEDULE "A"

as of 2004/09/01

Fife Number: 39t03511 oz-6558 map b

Planner: HMcN

Date Prepared: 2004 Nov 24

Technician: CMH

SUBJECT SITE

SCALE 1:5000 s

100 0 100 Meters -


ENACTING CLAUSE

D\

39T-03511/OZ-6558/Hm McNeely


P L ,AW NO. Z.4- AMENDMENT

Anne Marie DeCicco Kevin Bain

Schedule “A” to By-law No. 2.-I is amended by changing the zoning applicable to a portion of the subject lands located at 1820 Woodhull Road as shown on the map below comprising part of Key Map No. 42, to apply a Holding Residential R I (h.R1-14) Zone, a Holding Residential RI Special Provision (h.Rl-I 5) Zone, a Holding Residential R1 Special Provision (h.Rl-16) Zone, a Holding Residential R I Special Provision (h. h-37. Rl-14) Zone, and an Open Space (OS4 and OSS) Zone.

.

AMENDMENT TO SCHEDULE “A”

File Number: 39t03511 02-6558 map b

Planner: HMcN

Date Prepared: 2004 Nov 24/30

Technician: CMH

SUBJECT SITE

SCALE 1:5000

100 0 100 Meters I


39T-0351 IlOZ-6558lH. McNeely

ENACTING CLAUSE


BY-LAW NO. 2.4- ‘ AMENDMENT

Schedule “A” to By-law No. Z.-1 is amended by changing the zoning applicable to a portion of the lands located at I820 Woodhull Road, as shown on the map below comprising part of Key Map No. 42, from Residential R1 Special Provision (RI-ll(8)) Zone to a Holding Residential R1 (h.R1-15) Zone.

-,

AMENDMENT TO SCHEDULE “A”

File Number: 39t03511 02-6558 map a

Planner: HMcN

Date Prepared: 200411U02

Technician: CMHICK

SUBJECT SITE

SCALE 1:5000

100 0 100 Meters 5


39T-0351 I /OZ16558/H. McNeely

THE CORPORATION OF THE CITY OF LONDON’S CONDITIONS AND AMENDMENT TO

03511 ARE AS FOLLOWS: FINAL APPROVAL FOR THE REGISTRATION OF THIS SUBDIVISION, FILE NUMBER 39T-

NO.

1.

2.

3.

4.

5.

6.

7.

8.

9.

I O .

11.

12.

13.

CONDITIONS

That this approval applies to the draft plan, submitted by Phyllis Matthews., prepared by Callon Dietz., File No. 39T-03511, drawing No. X-857, as red-line amended, which shows 21 single detached dwelling lots, a park block, and an open space block, all served by 2 local public roads.

That this approval of the draft plan applies for a period of three (3) years, and if final approval is not given within that time, the draft approval shall lapse, except in the case where an extension has been granted by the Approval Authority. J

That the road allowance included in this draft plan shall be shown and dedicated as public highways.

That the street(s) shall be named to the satisfaction of the General Manager of Planning and Development.

That the municipal addresses shall be assigned to the satisfaction of the General Manager of Planning and Development.

That the owner, prior to final approval, shall submit to the Approval Authority a digital file of the plan to be registered in a format compiled to the satisfaction of the City of London and referenced to NAD83UTM horizon control network for the City’of London mapping program.

That prior to final approval, the Approval Authority is to be advised by the City Clerk of the City of London that appropriate zoning is in effect for this. proposed subdivision.

That the owner agrees in writing to satisfy all the requirements, financial and otherwise, of the City of London including, but not limited to, surfacing of roads, installation and maintenance of services, drainage and grading, tree planting and tree preservation.

That the subdivision agreement between the owner and the City of London be registered against the lands to which it applies once the plan of subdivision has been registered.

That the owner grant to the appropriate authorities such easements as may be required for utility or drainage purposes.

That the subdivision agreement between the owner and the municipality contain phasing arrangements to the satisfaction of the General Manager of Planning and Development and the City Engineer.

The owner agrees to implement the requirements of the City of London concerning sedimentation and erosion control measures during all phases of construction. The owner’s consulting engineer shall have these requirements established and approved by the City Engineer, prior to any work on the site.

The owner agrees that no construction or installations of any kind (eg. clearing or servicing of land) involved with this plan shall be undertaken prior to obtaining all necessary permits, approvals and/or certificates that need to be issued in conjunction with the development of the subdivision, unless otherwise approved by the General Manager of Planning and Development in writing (eg. MOE certificates; City/Ministry/Agency permits: Approved Works, water connection, water-taking, navigable waterways; approvals: UTRCA, MNR, MOE, City; etc; etc.). No construction involving installation of services requiring an EA is to be undertaken prior to fulfilling the obligations and requirements of the Province of Ontario’s Environmental Assessment Act and the City of London.


39T-0351 I /02-6558/H. McNeely

14.

15.

16.

17.

18.

19.

20.

2A.

22.

Prior to the submission of engineering drawings, the owner shall have a report prepared by a qualified consultant, and if necessary, a detailed hydro geological investigation carried out by a qualified consultant, to determine the effects of the construction associated with this subdivision on the existing ground water elevations and domestic or farm wells in the area, to the satisfaction of the City Engineer. If necessary, the report is to also address any contamination impacts that may be anticipated or experienced as a result of the said construction. Any recommendations outlined in the report are to be reviewed and approved by the City Engineer, prior to any work on the site. Should any remedial works be recommended in the report the works are to be included in the subdivision agreement, the owner agrees to complete these works to the satisfaction of the City, at no cost to the City.

The owner agrees to carry out twice yearly water quality monitoring during any site alteration and dwelling construction and at the time of assumption by the City, to ensure minimal impact to the existing wells in the area. Should any remedial works be required, the owner agrees to complete these works to the satisfaction of the City, at no cost to the City.

That the owner convey the park block (Block 22), and the open space block (Block 23), to satisfy the required dedication under the Planning Act for 5% of the land included in the plan to the municipality for park purposes. The land dedication of the park block and open space block satisfies the parkland needs for the entire property located at 1820 Woodhull Road.

a) The subdivider agrees to submit grading plans of the park block (Block 22), for review and approval by the General Manager of Planning and Development.

b) The subdivider agrees that lot and block grading plans must match adjacent properties including any City owned lands or future open space lands with existing grades along the property line. In instances where this is not practical or desirable, any grading into the open space shall be to the satisfaction of the General Manager of Planning and Development.

The subdivider agrees that lot and block grading plans must match adjacent properties including any City owned lands or future open space lands with existing grades along the property line. In instances where this is not practical or desirable, any grading into the open space shall be to the satisfaction of the General Manager of Planning and Development.

That prior to final approval of this plan and subject to the satisfaction of the London District Catholic School Board, the owner shall agree in the subdivision agreement to include a suitable warning clause advising future purchasers that this area may be accommodated in temporary facilities and/or bused outside the neighbourhood for their education.

That prior to final approval of this plan and subject to the satisfaction of the Thames Valley District School Board, the Board may require the owner to agree in the subdivision agreement to include a suitable clause to advise future purchasers that this area has been designated a “Holding Zone” for school accommodation purposes and students will be accommodated at a “Holding School”.

That the owner shall carry out an archaeological survey and rescue excavation of any significant archaeological remains found on the site to the satisfaction of the Southwestern Regional Archaeologist of the Ministry of Culture; and that no final approval shall be given, and no grading or other soil disturbance shall take place on the subject property prior to the letter of release from the Ministry of Culture.

The owner agrees to decommission and permanently cap any abandoned wells located in this plan, in accordance with current Provincial legislation, regulations and standards and submit the completion report to the General Manager of Planning and Development. It is the responsibility of the subdivider to determine if any abandoned wells exist in this plan.


39T-03511/02-6558/H. McNeely

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

a) Prior to any site alteration on the subject property, the owner shall allow the City’s Heritage Planner and/or LACH evaluate the on-site clay silo, and the Heritage Planner will present recommendations to the Approval Authority which may require revisions to the draft plan.

b) After LACH has completed their evaluation and agreement on‘the recommendations of the evaluation have been resolved to the satisfaction of the General Manager of Planning and Development, the owner shall prior to final approval either remove, demolish or relocate any remnant structures that exist on the subject lands, or agree in the subdivision agreement to retain, remove, demolish or relocate any remnant structures prior to the submission of any building permits.

The owner shall receive approval from the London Fire Department should any burning of materials on-site be contemplated.

The owner shall, as part of the submission of engineered servicing drawings for this subdivision, implement lot grading plan incorporating the recommendations of the Trow report for the design and construction of the private sewage disposal systems, water wells and storm outlet from the subdivision.

That prior to final approval, the owner agrees to pay a cost contribution in lieu of constructing a temporary Quality Control Stormwater Management (SWM) facility for this subdivision; or alternatively, have a professional engineer design and construct a Quality Control SWM facility located on the subject lands, to the satisfaction of the City Engineer; and the SWM facility will be operational to the satisfaction of the City Engineer. Should the owner choose to construct a temporary SWM facility, the draft plan may be required to be further amended to accommodate the SWM facility.

Prior to final approval, if the owner chooses to construct a SWM facility the owner shall enter into an agreement which provides all required and adequate land dedications in relation to the proposed SWM facility, all to the satisfaction of the City Engineer.

Prior to the submission of, engineering drawings, the owner shall have an engineer provide a report to address an adequate water supply system for this draft plan of subdivision, all to the specifications and satisfaction of the City Engineer and at no cost to the City.

Prior to the submission of engineering drawings, the owner shall verify the adequacy of the decision sight distance on Woodhull Road at Street “ A . If the sight lines are not adequate, this access is to be relocated and/or road work undertaken to establish adequate decision sight distance.

The owner shall dedicate sufficient land to widen Woodhull Road to 18.0 metres (60’) from the centerline of the original road allowance or existing road.

The owner shall dedicate 6.0 m x 6.0 m “daylighting triangles” at the intersection.of Street “ A with Woodhull Road in accordance with the Z-I Zoning By-law, Section 4.24.

The owner shall dedicate 6.0 m x 6.0 m “daylighting triangles” at the intersection of Lime Kiln Drive with Woodhull Road (southeast corner) in accordance with the Z-1 Zoning By- law, Section 4.24.

Prior to the submission of engineering drawings, the owner’s professional engineer is to determine the need for an Environmental Assessment under the Class EA requirements for the provision of any services related to this plan. No construction involving installation of services requiring an EA is to be undertaken prior to fulfilling the obligations and requirements of the Province of Ontario’s Environmental Assessment Act.

That the owner conveys the park (pedestrian connection) Block 22 located between Lots 14 and 15 to the City of London and to fence said block to the satisfaction of the



35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

Manager of Parks Planning and Design.

That the owner agrees to erect a 1.5 metre (5 ft) high chain link fence without gates on Lots 7-17 adjacent to the open space to the satisfaction of the General Manager of Planning and Development and the owner further agrees not to submit building permit applications unless accompanied by certification for the said Lots that the fence has been installed.

In accordance with the approved EIS, the owner agrees to implement the requirements of the City of London concerning sedimentation and erosion control measures during all phases of construction. The owner’s consulting engineer shall provide bi-monthly status reports to the Manager of Parks Planning and Design and the City Engineer ensuring the appropriate measures are in place and functioning, prior to and during work on the site.

As part of the submission of engineered servicing drawings for this subdivision, the owner shall have its professional engineer design the water conveyance of the overland flow route to the tributary to the satisfaction of the City Engineer, and the subject lands comprising the Natural Heritage System component must be approved by the General Manager of Planning & Development. The owner agrees to implement the approved servicing drawings.

The owner shall, as part of the submission of engineered servicing drawings for this subdivision, prepare a plan for the planting on the slopes to suit the existing partially vegetated slopes. The recommendations of the landscape plan should be designed and constructed with the natural heritage component to permit an ecosystem approach to planning.

The owner agrees, that in lieu of constructing a noise attenuation wall abutting Woodhull Road, to complete a noise study to address any potential traffic noise mitigation measures. Should any physical noise attenuation features be required, the owner (and subsequent owners) agree to construct and maintain said physical mitigation feature on private property.

That prior to submission of a building permit application on lots 1 to 7 inclusive and on lots 18, 19 and 21, the owner agrees to install a fence treatment along the west limit of the plan adjacent to Woodhull Road and the north limit of the plan adjacent to the Lime Kiln Drive subdivision, acceptable to the General Manager of Planning and Development. The fence treatment shall be a consistent treatment on the lots, shall be located entirely on private property, at the owner’s expense and maintained by the owner(s), all to the satisfaction of the General Manager of Planning and Development.

That a detailed erosion and sediment control plan be submitted to the satisfaction of the UTRCA.

That detailed servicing and grading plans showing the measures identified in the stormwater management, and sediment and erosion control plans, be submitted to the satisfaction of the UTRCA.

That prior to final approval, the subdivider will be required to obtain all necessary approvals made pursuant to Section 28 of the Conservation Authorities Act to the satisfaction of the UTRCA. Specifically, permits will be required for the storm sewer outlet location, and for filling and grading activities at the rear of lots 1 I to 15.

The owner agrees that no building permits will be applied for on lots 8 and 9 until the Holding Provision on the affected lands is removed to address Minimum Distance Separation (MDS) from an identified livestock operation.

Prior to final approval, the owner’s consulting engineer shall ensure that increased and accelerated stormwater runoff from this subdivision shall not cause damage to downstream lands, properties or structures beyond the limits of this subdivision and notwithstanding any requirements of the City, or any approval given by the City Engineer, the subdivider shall indemnify the City against any damage or claim for damages arising


39T-03511/02-6558/H. McNeely

out of or alleged to have arisen out of such increased or accelerated stormwater runoff from this subdivision.


39T-O351l/OZ=6558/H. McNeely .

Appendix “39T-03511-2” (Municipal Requirements for the Subdivision Agreement)

A. SEWERS & WATERMAINS

I. Sanitary:

a) The owner agrees, since there is no municipal sanitary outlet sewer available at the present time to serve.this draft plan of subdivision, should approval be granted for this draft plan of subdivision to proceed, that approved private sewage disposal systems will be required for each lot (each residential dwelling unit), prior to applying for a building permit.

The. owner agrees to ensure that any proposed systems will not contaminate the area’s ground water and surrounding wells, or leach into any nearby watercourses/storm sewer systems.

b) The owner agrees to implement the recommendations as outlined in the draft “Geotechnical Assessment Recommendations for Private Sewage Systems and Private Wells” (Trow Consulting Engineers Ltd., January 2000), should approval be granted for this development to proceed.

c) The owner will be required to notify each individual owner by registration of a condition on title of each individual lot that they may be required to connect to a municipal sanitary sewer, if available, at no cost to the City, when replacement of a private sewage disposal system becomes necessary.

2. Storm and Stormwater Manaqement:

a) The owner agrees that the storm outlet for the subject lands is Tributary C of the Thames River as identified in the Downstream Thames Subwatershed Study.

b) Should the owner be required to construct a temporary SWM facility, the owner shall have a professional engineer design and construct the proposed storm/drainage and SWMF system to service the total catchments area, all to the satisfaction of the City Engineer and according to the requirements of the following:

i) The SWM criteria and Environmental targets for the Downstream Thames Subwatershed Study;

ii) The City of London SWM pond requirements (last update June 2003);

iii) The City’s drainage By-law and lot grading standards, policies, requirements and practices;

iv) The Ministry of the Environment SWM Practices Planning and Design Manual (2003);

v) All applicable Acts, Policies, Guidelines, Standards and Requirements of all relevant SWM agencies including the M.O.E. and the U.T.R.C.A.

c) The owner agrees to promote the implementation of SWM soft measure Best management Practices (BMP’s) within the plan, where possible, to the satisfaction of the City Engineer. The acceptance of these measures


39T-03511/02-6558/H. McNeely

3.

by the City will be subject to the presence of adequate geotechnical conditions within this plan and the approval of the City Engineer.

d) The owner agrees to have a professional engineer identify the major/minor storm flow routes for the said catchment area, to the satisfaction of the City Engineer.

e) The owner agrees to have a professional geotechnical engineer ensure that all geotechnical issues related to slope stability are adequately addressed and that all required maintenance, erosion and structural setbacks for the subject lands are ensure, all to the satisfaction of the City Engineer and the Upper Thames River Conservation Authority.

Should the owner be required to construct a temporary SWM facility, the owner’s professional engineer shall submit a Monitoring and Operation Procedure Manual for the maintenance and monitoring program of the SWMF in accordance with the City’s “Monitoring and Operational Procedure for Stormwater Management Facilities” prior to the issuance of a Certificate of Conditional Approval, all to the satisfaction of the City Engineer. The program will include but not be limited to the following:

9

A work program manual for the maintenance and monitoring of this facility;

0

ii) Protocol of sediment sampling and recording of sediment accumulation volumes;

iii) Storage and discharge monitoring.

g) Should the owner be required to construct a temporary SWM facility, the owner, following construction and prior to the assumption of the SWMF, agrees to complete the following, all to the satisfaction of the City Engineer and at no cost to the City:

i) Operate, maintain and monitor the SWMF in accordance with the approved maintenance and monitoring program and the City’s M on it o r i n g Procedure for Storm w a t e r

Management Facilities”; a n d 0 pe ra t i o n a I

ii) Have a professional engineer submit semi-annual monitoring reports in accordance with the approved maintenance and monitoring program and the City’s “Monitoring and Operational Procedure for Stormwater Management Facilities” to the City Engineer for review and approval.

Water Mains:

a) The owner shall either extend the existing 600 mm (24”) diameter water main on Westdel Bourne at Oxford Street West or have an engineer provide a report to address an adequate water supply system for this draft plan of subdivision, all to the specifications and satisfaction of the City Engineer and at no cost to the City.

4. General:

a) The owner, prior to final approval of this draft plan of subdivision, shall complete the following:

ii) conduct soil testing to confirm that the lot sizes are adequate to support the individual private sewage disposal systems;

ii) establish a satisfactory water supply system.


39T~03511/02-6558/H. McNeely

The owner shall adjust the lot sizes, as necessary, should the lot sizes not be adequate to support the installation of private services.

b) The owner agrees to make arrangements with the affected property owner(s) for the construction of any portions of the outlet sewers situated on private lands outside this plan, and to provide satisfactory easements over the sewers as necessary, all to the specifications of the City Engineer.

c) The owner agrees that once construction of any future municipal services to be assumed, ie: water, storm or sanitary, to service the lots or blocks in this plan is completed and any proposed relotting of the plan is undertaken, all the previously installed services must be reconstructed in standard location, in accordance with the approved final lotting and approved revised servicing drawings, all to the specifications of the City Engineer and at no cost to the City.

B. STREETS, TRANSPORTATION & SURVEYS

I. Roadway Alignments and Geometries:

a) The cul-de-sac on Street “B” is to be constructed in accordance with City of London Standard DWG. SR-5.0. The subdivider may provide a raised circular center island (R=8.0 m) within the cul-de-sac(s) as an option.

b) All streets with bends of approximately 90 degrees are to have a minimum inside street line radius in accordance with the following standards:

Road Allowance S/L Radius i) 20 m 9.0 m i i) 19 m 9.5 m iii) 18 m 10.0 m

c) At ‘tee’ intersections, the projected road centerline of the intersecting street is to intersect the through street at 90 degrees with a minimum 6 metre (20’) tangent being required along the street lines of the intersecting road.

2. Minimum Centreline of Road Radii:

All streets in the subdivision are to have centerline radii which conform to the City of London Standard “Minimum Centreline Radii of Curvature of Roads in Subdivisions .”

3. Road Widths:

a) Streets “ A and “B” are to have a minimum road pavement width (excluding gutters) of 6.0 metres (19.7’) with a minimum road allowance of 18 metres (60’).

b) Street “A” from Woodhull Road to 30 metres (100’) east is to have a minimum road pavement width (excluding gutters) of 10.0 metres (32.8’) with a minimum road allowance of 21.5 metres (70’). The widened road on Street “A is to be equally aligned from the centerline of the road and tapered back to the 6.0 metres (19.7’) of road pavement width (excluding gutters) and 18.0 metres (60’) of road allowance for this street with 30 metre (I 00’) tapers on both street lines.


39T=03511/02=6558/H. McNeely

The costs incurred for providing the additional pavement widening be solely at the developer’s expense. These costs will not be claimable from the Urban Works Reserve Fund.

4. Boundarv Road Works:

The owner will be required to make minor boulevard improvements on Woodhull Road adjacent to this plan to the specifications of the City Engineer and at no cost to the City, consisting of clean-up, grading and sodding as necessary.

5. Vehicular Access:

The owner agrees that no vehicular access will be permitted to Lots I to 7 along Woodhull Road. All vehicular access is to be via the internal subdivision streets, Street “A” .

6. Construction Access/TemDorarv/Second Access Roads:

The owner agrees that, in the event that an emergency access is’required for this subdivision, this requirement will be subject to satisfying the City Engineer with respect to all technical aspects, including adequacy of site lines, provision of channelization, adequacy of road geometries and structural design etc.

7. Street Lighting :

The owner will be required to install street lighting at Street “ A and at Lime Kiln Drive only abutting this subdivision as determined to be warranted by and to the specifications of the City Engineer.

The costs incurred for providing street lights will be solely at the developer’s expense. These costs will not be claimable from the Urban Works Reserve Fund.

8. General:

a) The area of all blocks, except street widenings and reserves, shall be shown on the plan to be registered.

b) Blocks for 0.3 m (I,) reserves will be required at the following locations:

ii)

along the west limit of Lots 1-6 inclusive on this draft plan of subdivision ; along the west limit of Lot 7 on this draft plan of subdivision

i)

C. GENERAL CONDITIONS

I. The owner agrees to have the common property line of Woodhull Road graded in accordance with the City of London Standard “Subdivision Grading Along Arterial Roads” at no cost to the City, except as permitted otherwise by the Urban Works Reserve Fund By-law.

Further, the grades to be taken as the centerline line grades on Woodhull Road are the future centerline of road grades as determined by the owner’s professional engineer and accepted by the City Engineer. From these, the owner’s professional engineer is to determine the elevations along the common property line which will blend with the reconstructed road.

2. a) The owner agrees to advise the City in writing at least two weeks prior to connecting, either directly or indirectly, into any unassumed services constructed by a third party, and to save the City harmless from any


39T-0351 1/OZ-6558/Hm McNeely

damages that may be caused as a result of the connection of the services .from this subdivision into any unassumed services.

Prior to connection being made to an unassumed service, the following will apply:

i)

ii)

The unassumed services must be completed and Conditionally Accepted by the City; The owner must have a video inspection completed on all affected unassumed sewers;

b) The owner further agrees to pay a proportional share of the operational, maintenance and/or monitoring costs of any affected unassumed sewers or SWM facilities (if applicable) to third parties that have constructed the services and/or facilities, to which the owner is connecting. The above- noted proportional share of the cost shall be based on contributing flows for sewers or on storage volume in the case of a SWM facility. The owner’s payments to third parties, shall:

i> commence upon completion of the owner’s service work connections to the existing unassumed services; and

ii) continue until the time of assumption of the affected services by the City.

3. With respect to any services and/or facilities (to be assumed by the municipality) constructed in conjunction with this plan, the owner agrees to permit the connection into and use of the subject services and/or facilities by outside owners whose lands are served by the said services and/or facilities, prior to the said services and/or facilities being assumed by the City.

The connection into and use of the subject services by an outside owner will be conditional upon the outside owner satisfying any requirements set out by the City, and agreement by the outside owner to pay a proportional share of the operational maintenance and/or monitoring costs of any affected unassumed services and/or facilities.

4. The owner agrees to construct all municipal services, including boulevard tree planting, for the subject lands at the sole expense of the subdivider. The details of the services required will be established by the City Engineer after particulars of engineering design are provided by the subdivider, in accordance with the policies and standards of the City prevailing at the time the Subdivision Agreement is approved by City Council. The provisions of all general by-laws, policies and guidelines, as amended from time to time, including those pertaining to development charges and other levies, shall continue to apply to the subject lands and shall not be affected by any subdivision requirements respecting services.

5: The owner agrees that if, during the building or constructing of all buildings or works and services within this subdivision, any deposits of organic materials or refuse are encountered, these deposits must be reported to the City EngineerlChief Building Official immediately, and if required by the City EngineeChief Building Official, the owner/contractor will, at his own expense, retain a professional engineer competent in the field of methane gas to investigate these deposits and submit a full report on them to the City EngineerIChief Building Official. Should the report indicate the presence of methane gas then all of the recommendations of the engineer contained in any such report submitted to the City EngineedChief Building Official shall be implemented and carried out under the supervision of the professional engineer, to the satisfaction of the City Engineer/Chief Building Official and at the expense of the owner/contractor, before any construction progresses in such an instance. The report shall include provision for an ongoing methane gas monitoring



6.

7.

8.

9.

I O .

11.

12.

13.

program, if required, subject to the approval of the City Engineer and review for the duration of the approval program.

If a permanent venting system or facility is recommended in the report, the subdivider further agrees to register a covenant on the title of each affected lot and block to the effect that the owner of the subject lots and blocks must have the required system or facility designed, constructed and monitored to the specifications of the City Engineer, and that the owners must maintain the installed system or facilities in perpetuity at no cost to the City. The report shall also include measures to control the migration of any methane gas to abutting lands outside the plan.

The owner agrees to provide inspection during construction by its professional engineer for all work to be assumed by the City, and have its professional engineer supply the City with a certificate of compliance upon completion in accordance with the plans approved by the’City Engineer.

Minimum side yard setbacks will be required as specified by the City Engineer for buildings which are adjacent to rear yard catch basin leads which are not covered by an easement on lots in this plan.

The owner agrees to have its engineer notify existing property owners in writing, regarding the sewer and/or road works proposed to be constructed on existing City streets in conjunction with this subdivision, all in accordance with Council policy for “Guidelines for Notification to Public for Major Construction Projects”.

The owner will be required to plant boulevard trees along existing roads abutting this subdivision in accordance with the City’s tree planting guidelines, all at no cost to the City and as specified by the City Engineer.

The owner will be required to resubmit a revised draft plan for this subdivision to the Environmental and Engineering Services Department (Development Services Division) showing any amendments or revisions made to this plan as a result of any requirements and/or conditions covering the plan, or otherwise (ie. subdivider initiated).

The owner agrees that, should this plan be developed in stages, 0.3 m reserves will be required at the end of all dead-end road allowances, across future road connections and along any open sides of road allowances.

Permanent reserves are to be located outside the road allowance, temporary reserves are to be allocated from the road allowance and form part of the design width.

Reserve blocks should be separated into parts where it is anticipated that it would facilitate future development of abutting lands.

In the event that an existing well in this plan is to be kept in service, the City accepts no responsibility for the well, and makes no assertion, implied or otherwise, about the quantity or quality of water available in the well. Further, the owner of the well accepts all resporlsibility for protecting the well and the underlying aquifer from any development activity.

The owner agrees that in accordance with By-law C.P. 1440-167, since this plan is located beyond the limits of the 20 year growth boundary, it is not eligible for any claims to be paid from the City’s Urban Works Reserve Fund.

39t-03511/02-6558/h. mcneely - london, ontariocouncil.london.ca/councilarchives/agendas/planning...

Documents