71ijln - london, ontariocouncil.london.ca/meetings/archives/agendas... · application by: drewlo...

Agenda Item # Page # 71iJln 39T-05505/2-689

A. Macleai

TO:

FROM:

SUBJECT:

CHAIR AND MEMBERS - PLANNING COMMITTEE

R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT

APPLICATION BY: DREWLO HOLDINGS INC.

1522 KILALLY ROAD EAST SIDE OF HIGHBURY AVE. N, NORTH OF KILALLY ROAD

PUBLIC PARTICIPATION MEETING ON

FEBRUARY 27,2006 at 5:OO PM

RECOMMENDATION

That the following actions be taken with respect to the application by Drewlo Holdings Inc. relating to the property located at 1522 Kilally Road:

(a) As requested by the General Manager of Engineering and Environmental Services, a decision on the proposed recommendation set out below BE DEFERRED for a period of three to six months to permit further consideration of concerns related to subdivision applications that will negatively impact the Urban Works Reserve Fund, and if determined to be necessary, to allow for the development of a policy to guide Council's actions in such instances, it being noted that the proposed recommendation reflects the outcome of the application review process conducted by the Planning Division;

As an alternative to the deferral of a decision for this entire site, Planning staff be directed to report back with a recommendation to provide for a partial approval covering a limited portion of the northwest corner of the site, noting that the development of this area can proceed without the construction of the regional storm water management pond that is required for the balance of the site.

That, on the recommendation of the General Manager of Planning and Development, the following actions be taken (subject to deferral request as outlined in (a) above):

(c) the Approval Authority BE REQUESTED to approve the draft plan of residential subdivision, as submitted by Drewlo Holdings Inc. (File No. 39T-05505 prepared by Development Engineering (London) Limited (Drawing No. D2087, dated March 15, 2005) as redline amended, which shows seven low density residential blocks, six multi- family medium density residential blocks, one multi-family high density residential block, one open space block, one storm water management block , one park block, a road widening block and several reserve blocks, served by one secondary collector road and four local streets, SUBJECT TO the conditions contained in the attached Appendix "39T- 05505-1 ;

the Draft Approval of the residential plan of subdivision as submitted by Drewlo Holdings inc. (File No. 39T-05505) as redlined amended BE APPROVED, SUBJECT TO the Municipal Requirements contained in the attached Appendix "39T-05505-2";

a by-law BE INTRODUCED at the Municipal Council meeting on March 6, 2006 to amend Zoning By-law No. 2.-1 in accordance with the attached enacting clause (in conformity with the Official Plan) to change the zoning of the subject property FROM an Urban Reserve (UR) Zone to:

a Holding Residential R1 (h. R1-13) Zone which permits single detached dwellings on lots with a minimum lot frontage of 9 metres and a minimum lot area of 270 msq;

a Holding Residential R1 Special Provision (h. R1-3 (7)) Zone which

(b)

(d)

(e)

i)

ii)

1

Agenda Item# Page# 1

Hm

SWM UWRF SWM lncludlng land UWRF Subtotal

39T-05505/Z-6897 A. MacLean

permits single detached dwellings lot lots with a minimum lot frontage of 11 metres and a minimum lot area of 300 sq m;

a Holding Residential R5/R6(h. R5-7/R6-5) Zone to permit townhouses and stacked townhouses at a maximum height of 12 metres and a maximum density of 60 units per hectare and cluster housing at a maximum height of 12 metres and a maximum density of 35 units per hectare;

a Holding Residential R5/R6(h. h-54 R5-7/R6-5) Zone which permits the above noted medium density residential uses and requires the property owner to provide a Noise Study to address the impacts of noise from the adjacent arterial road;

a Holding Residential R4/R5 (h. R4-6/R5-7) Zone which permits street townhouses on lots with a minimum lot frontage of 5.5 metres and a minimum lot area of 145 sqrn and townhouses and stacked townhouses at a maximum height of 12 metres and a maximum density of 60 units per hectare;

a Holding Residential R6/R9(h. h-54 R6-5/R9-7) which permits cluster housing at a maximum height of 12 metres and a maximum density of 35 units per hectare and apartments at a maximum height of 36 metres and a maximum density of 150 units per hectare and requires the property owner to provide a Noise Study to address the impacts of noise from the adjacent arterial road;

an Open Space (OSI) Zone to permit the development of a storm water management facility and a neighbourhood park; and

an Open Space (055) Zone to ensure the protection of the Kilally Forest ESA.

an amendment to Section 4.21 of the 2-1 Zoning By-law to identify Street A as a secondary collector road; and

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

iii)

iv)

v)

vi)

vii)

viii)

(f)

(9)

EFFECT ON URBAN WORKS RESERVE FUND AND

DEVELOPMENT CHARGES RESERVE FUNDS I Estimated Revenue 1 Estimated Claims I Net

UWRF all works excluding I $1,286,707 1 ($2,303,500) I ($1,016,793.00)

$894,152 ($2,672,000) ($1,777,848.00) $2,180,859 ($4,975,500) ($2,794,641 .OO)

I

Dev & LDCSE I $3,897,949 I Nil , I I I I

Totals 1 $6,078,808 1 ($4,975,500)

Note:

(1) ESTIMATED REVENUES FROM DEVELOPMENT, LONDON DISTRICT CATHOLIC SCHOOL BOARD (LOCSS), AN0 URBAN WORKS CHARGES ARE BASE0 ON CURRENT RATES IN ACCORDANCE WITH

BY-LAW C.P.-1440-167. 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 AN0 AS APPROVED BY THE CITY ENGINEER,

(2)

2

Agenda Item # Page #

39~-05505iz-6a97 A. MacLean

(3) THE OWNER SHOULD TAKE NOTE THAT THE MOST RECENTLY PROCESSED CLAIM PAID BY THE CITY

FROM THE URBAN WORKS RESERVE FUN0 WAS PAID AFTER A DELAY OF 26 WEEKS AFTER ITS

APPROVAL PURSUANT TO THE PROVISIONS OF THE AGREEMENT APPLICABLE TO THAT PAYMENT

AND THE PROVISIONS OF BY-LAW C.P.-1440-167. PLEASE TAKE NOTE THAT THE WAITING PERIOD

FOR PAYMENT OF THIS CLAIM MAY EXCEED THE DELAY FOR THE MOST RECENTLY PROCESSED

CLAIM.

(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 AN0 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 ISSUES

WILL ESTABLISH FINAL CLAIMS AND REVENUES.

EFFECT ON CAPITAL WORKS BUDGET

Estimated claims against the City’s CAPITAL WORKS BUDGET (Water Engineering

Division) for the decommissioning of Highbury Well No. 2:

- Estimated year of decommissioning 2006

- Estimated year of impact on CWB 2007

- Estimated claim projected in 2006 costs $20,000

(h) Realty Services BE DIRECTED to prepare a by-law to close the public laneway which extends easterly from Highbury Ave. N. and abuts the westerly limit of 1522 Kilally Road and convey a portion of this laneway to Drewlo Holdings Inc. in exchange for an equal amount of parkland within this pian; and,

the draft plan of residential subdivision, as submitted by Drewio Holdings Inc. (File No. 39T-05505 prepared by Development Engineering (London) Limited (Drawing No. D2087, dated March 15, 2005), which shows six low density residential blocks, six multi- family medium density residential blocks, one multi-family high density residential block, one open space block, one storm water management block , one park block, a road widening block and several reserve blocks, served by one secondary collector road and four local streets BE REFUSED.

(i)

~~

PREVIOUS REPORTS PERTINENT TO THIS MATTER

0-6899 - report to delete the aggregate resource designation from Schedule B of the Official Plan (July 2005)

Kilally South Area Plan Update -June 2003

Kilally Road Area Study - November 1990

I RATIONALE

1. The recommended Draft Plan of Subdivision and associated Zoning By-law amendments are consistent with the Kilally Road Area Study(1990), the Kilally South Area Plan Update (2003) and the Official Plan designations which resulted from these studies.

2. The recommended draft plan of subdivision and associated Zoning By-law amendments are consistent with the 2005 Provincial Policy Statement.

3. The proposed development provides for a variety of residential dwelling types and a neighbourhood park to serve the existing and future residents of this community.

3


b!bi

Date Application Accepted: March 31, 2005

39T-05505/2-6897 A. MacLean

4. Conditions of draft approval will ensure that the subdivision is developed with full municipal services (sanitary, storm and water).

5. The development will provide for the dedication of lands adjaceni to the Thames River to ensure the protection of the Kilally Forest ESA and to allow for the continued development of the Thames Valley Parkway trail.

Agent: Jim Kennedy, Drewlo Holdings Inc.

SITE CHARACTERISTICS:

Current Land Use - vacant

Frontage - Highbury Ave - approximately 300 metres

Kilally Road - approximately 235 metres

Depth -varies

Shape - irregular

Area - 25.01 hectares (61.8 acres)

SURROUNDING LAND USES:

East - vacant

North - Thames Riverlfuture low density residential

South -existing low density residential

I West - existing low density residential I1

OFFICIAL PLAN DESIGNATION: (refer to map)

Low Density Residential; Multi-Family Medium Density Residential; Multi- Family High Density Residential; and Open Space

EXISTING ZONING: (refer to map)

Urban Reserve (UR)

PLANNING HISTORY

In November 1990, the Kilally Road Area Study was completed for lands east and west of Highbury Ave. N, south of the Thames River. The recommended land use designations, which resulted from the study, were applied to lands west of Highbury Ave. N.. and west of Webster

4

LAND USE MAP

CITY OF LONDON

DEPARTMENT OF PLANNING I I AND DEVELOPMENT

I I Land use Oe~lgnatlon Is based on lnformlltlon Drovlded bv MPAC

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

RESTRICEDIHIGHWAY SERVICE COMMERCIAL

RESTRICTED SERVICE COMMERCIAL

COMMERCIAL POLICY AREA

MULTI - FAMILY, HIGH DENSITY RESIDENTIAL

MULTI -FAMILY, MEDIUM DENSITY RESIDENTIAL

LOW D E N S m RESIDENTIAL

~ ~ ~~ ~ ~ ~~~

0 DEFERRED AREAS

--, AREAS L - UNDER APPEAL OFFICE AREA

OFFlCElRESlDENTlAL

OFFICE BUSINESS PARK

GENERAL INDUSTRIAL

LIGHT INDUSTRIAL

REGIONAL FACILITY

COMMUNITY FACILITY

OPEN SPACE

URBAN RESERVE -COMMUNITY GROWTH

URBAN RESERVE -INDUSTRIAL GROWTH

RURAL SETTLEMENT

ENVIRONMENTAL REVIEW

AGRICULTURE

URBAN GROWTH BOUNDARY

THIS IS AN EXCERPT FROM THE PLANNING OIVISION'6 WORKINQ CONSOUOATION OF SCHEDULE A m THE cipl OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS

CITY OF LONDON FILE NO. I 39T-05505 AM MAP PREPARED

DEPARTMENT OF PLANNING AND DEVELOPMENT I

vrA COUNCIL APPROVED ZONING

1) LEGEND FOR ZONING BY-UMIZ-I R1 -SINGLE DETACHED DWELLINGS R2 - SINGLE AND TWO UNIT DWELLINGS R3 -SINGLE TO FOUR UNIT DWELLINGS R4 - STREET TOWNHOUSE R5 ~ CLUSTERTOWNHOUSE R6 - CLUSTER HOUSING ALL FORMS R7 -SENIOR'S HOUSING RE -MEDIUM DENSlTYlLOW RISE APTS. R9 ~ MEDIUM TO HIGH DENSITYAPTS. R10 -HIGH DENSITYAPARTMENTS R11 -LODGING HOUSE

1 FOR THE SUBJECT SITE: UR OR - OFFICERESIDENTIAL 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 -HEAVY INDUSTRIAL EX - RESOURCE EXTRACTIVE UR -URBANRESERVE

"h" -HOLDING SYMBOL "D" - DENSrrY SYMBOL "H' -HEIGHT SYMBOL "8" -BONUS SYMBOL T -TEMPORARY USE SYMBOL

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

FOR TOWNSHIP ZONES PLEASE SEE THE RELEVANT

FILE NO.

39T-0550512-6897 AM

2006/01/17 CK

CITY OF LONDON MAP PREPARED

DEPARTMENT OF PLANNING AND DEVELOPMENT

1:7500

0 100 Meters 6

0 ZONING

SCHEDULE A

BY-LAW NO. 2.-I

THIS MAP IS AN UNOFFICIAL EXTRACT FROM THE ZONINC BY-LAW WITH ADDED NOTATIONS

Proposed Draft Plan of Subdivision 39T-05505


M-Lj 39T-0550512-6897

A. MacLean

Street and its future northerly extension. Lands east of Webster Street (and its northerly extension), were deferred by Council in December 1990, pending additional study of arterial and collector road alignments and school and park allocations within this area. Work on the eastern portion of the Kilally Road Area Study ceased shortly after the December 1990 Council resolution due to financial difficulties of the lead developer - Matthews Group Limited. Lands west of Highbury Ave. N. have been subdivided and are largely developed. Construction of services has occurred for lands east of Highbury Ave. N. and west of Webster Street to accommodate residential development in this area.

In 2003, the Kilally South Area Plan Update was completed. This study addressed the deferred portion of lands east of Webster Street and recommended land use designations and provided direction far future growth in this area.

The following maps illustrate the boundaries of both the original 1990 study and the 2003 update.

1990 Kilally Road Area Study

Kllally South Area Plan Update 2003

e i 1 Y . -.. Y

5 Y

Agenda Item # Pags # ma 39T-05505/2-6897

A. MacLean

II SIGNIFICANT DEPARTMENTlAGENCY COMMENTS

There were significant delays in processing this application as issues dealing with the sanitary sewer alignment, storm water management and impacts of this development on the natural heritage system required further study. These issues have been addressed by the applicant through the information supplied andlor as conditions of draft approval. Staff appreciate the applicant's patience and cooperation in addressing these matters.

Engineering and Environmental Services (EESD)

Sanitary

The sanitary sewer located on Edgevalley Road at Highbury Ave. N. at the west limit of this plan will services this development. This proposed subdivision is located in the Adelaide Pollution Control Plant sewerage shed. Registration of the plan and subsequent development is subject to the availability of sewage treatment capacity at that treatment plant for this subdivision.

The owner will be required to extend the sanitarytrunk sewer to the eastern limit of the development. The construction of the sanitary trunk sewer must comply with all requirements of the stormwater management conditions and the U.T.R.C.A. A utility corridor (conforming to City of London specifications for easements within open space - eg. 9.1 m minimum) for the trunk sanitary sewer through the open space to the eastern limits of the development must also be provided. The utility corridor must be adequate for the maintenance, repair and replacement of the sanitary trunk sewer. This utility corridor is subject to the requirements of slope stability for the SWMF and the Thames River. The owner may also be required to complete an Environmental Assessment, if determined necessary, based on the location of the utility corridor or for any other reason that may trigger an Environmental Assessment.

g g g

The location of the SWM facility within this proposed plan of subdivision resulted from an in- depth study and analysis of SWM facilities for the west basin as noted in the 2003 Kilally South Area Plan Update. In 2003, McCormick Rankin Corporation completed the Kilally South Storm Water Management Study Class EA.

This plan is located within the North Thames Subwatershed and the proposed stormldrainage system for a large majority of the subdivision lands will be outletting into the main channel of the North Branch of the Thames River via the proposed Stormwater Management (SWM) Facility.

As a condition of draft approval the owner will be required to construct all storm sewers, the SWM facility, storm outlet and all required maintenance access roads in conjunction with this plan; provide adequate land dedication to the City of the SWM facility to service this subdivision and the total identified catchment area in accordance with the accepted SWM facility design, and ensure that all storm sewers and the SWM facility are constructed and operational prior to any development taking place in this plan.

EESD have noted that approximately 5 hectares, located at the northwest portion of the subject lands will not utilize the proposed swm facility located within the subject draft plan. This area is to be served by existing municipal storm sewers as identified on the servicing drawings in subdivision plan 33M-443 and the existing swm facility located west of Highbury Ave. N., south of Kilally Rd.

Water

The owner will be required to connect the proposed internal watermains to serve this plan to the existing municipal 400 mm (16") diameter watermain on Highbury Avenue, the existing municipal 200 mm ( 8 ) diameter watermain on Purser Street, the existing municipal 200 mm ( 8 ) diameter on Agathos Street and the proposed 300 mm (12) diameter on Kilally Road. The owner will extend the existing municipal 300 mm (12") water main on Kilally Road to the easterly

6

Agenda Item # Page # mm 39T-05505/2-6897

A. MacLean

property limit of this plan of subdivision. The owner will be required to provide "looping" of the water main system constructed for this subdivision prior to 80 or more units being developed, all to the specifications of the City Engineer.

As a condition of draft approval, the owner will be required to enter into a cost sharing arrangement with the City of London for the decommissioning of Highbury Well No. 2 to be done in accordance with MOE requirements.

Transportation

The owner is required to construct a gateway treatment on Street 'A at the intersection of Kilally Road with a minimum right-of-way width of 28 metres for a minimum length of 55 metres tapered back over a distance of 30 metres to the standard secondary collector road right-of-way width of 21.5 metres. A portion of the widened road will be claimable from the Urban Works Reserve Fund, consistent with the City's standard practice for paying claims where a secondary collector road is widened by 1.5 metres at an arterial road (or primary collector) for a distance of 45 metres with a 30 metre taper, to accommodate a turning lane.

EESD also noted that if a parking plan is required for this subdivision, and increased pavement width is proposed to accommodate the parking plan, the road allowance width will be increased a corresponding amount in order to maintain the standard 6.0 m wide boulevards on either side of the road. Any proposed widening of the pavement and the road allowance will be to the satisfaction of the City Engineer.

London Transit Commission

Street A is planned to form part of a future transit route, including possible future two-way service.

As a municipal condition of draft approval, we request the developer agree to meet LTC requirements with respect to the construction and installation of future bus stop locations within the subdivision. These include:

i) ii)

iii)

iv)

marking appropriate bus stop locations on the appropriate engineering drawings; installation and maintenance of advance signage indicating "Possible Future Transit Stop Area" in the approximate strop locations; providing for an adequate landing area for both the front and rear doors of a standard city bus in areas where traffic calming is applied; and installation of concrete pads at the stop locations as the adjacent sidewalks are built; generally 1.5 metre wide connector pad between the curb and the City sidewalk.

The exact stop locations can be field located at the curbs as the development is built, at which time the developer should install the signpost and sign (sign to be provided by LTC). The potential future transit stop locations, subject to Transportation Division approval, are as follows:

1. Northbound Street A, south of Street B 2. Westbound Street A, east of Street E 3. Eastbound Street A, west of Street E and 4. Southbound Street A, south of Street B

Any traffic calming measures, if warranted, should consider the impact on planned transit routes and stops, including:

avoiding the use of horizontal and or vertical deflections (ie speed bumps); where transit stop locations are impacted by traffic calming measures such as curb extensions, designing the stop area to the relevant City of London design specification; and constructing traffic circles to the city design standard, as a minimum.

i) ii)

iii)

Response: These items will be addressed through conditions of draft approval.

7


mbi 39T-05505/2-6897

A. MacLean

Thames Valley District School Board

The proposed draft plan is within a designated “Holding Zone” for elementary accommodation and the current designated school is Chippewa Public School while the secondary school is Montcaim Secondary School. It is anticipated that the students from this development will be accommodated at these facilities.

Response: This item will be addressed through a condition of draft approval.

Ministry of Municipal Affairs and Housing

The subject applications were filed after March 1, 2005 and as a result the 2005 Provincial Policy Statement and the “shall be consistent with” standard are to be implemented. The decisions of the City must be consistent with the policies in Section 2.5 of the 2005 PPS (dealing with Mineral Aggregate resources) and specifically Sections 2.5.2.4 and 2.5.2.5.

Response: On March I, 2005 a new Provincial Policy Statement (PPS) came into effect. I t replaced the 1996/1997 PPS. One of the key amendments to the 1996/1997 PPS requires that decisions affecting planning matters ‘shall be consistent with” policy statements. This replaces the 1996/1997 PPS wording which stated that decisions affecting planning matters were to have “regard for ‘‘ the PPS.

The draff plan of subdivision application and associated zoning by-law amendments have been reviewed in conjunction with the 2005 PPS and are found to be consistent with the policy statements. In particular, issues dealing with provision for adequate services, stormwater management, and protection of natural heritage resources have been reviewed and will be addressed through recommended zoning by-law amendments and/or conditions of drafl approval.

The issue of aggregate resources within this area was reviewed In consultation with staff from the Ministry of Natural Resources and it was determined that the aggregate resource designation which applies to a portion of the lands within this proposed draft plan of subdivision may be removed (see City initiated application 0-6899 which was approved by Council on September 20, 2005).

Canada Post Corporation

The owner is required to:

a) include on all offers of purchase and sale, a statement that advises the prospective purchaser:

i) that the home/business mail delivery will be from a designated

ii) that the developerslowners be responsible for officially notifying the exact Centralized Mail Box locations prior to the

Centralized Mail Box.

purchasers of the closing of any home sales.

b) the owner further agrees to:

work with Canada Post to determine and provide temporary suitable Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision.

Install a concrete pad in accordance with the requirements of, and in locations to be approved by, Canada Post to facilitate the placement of

i)

ii)


mM 39T-05505/2-6897

A. MacLean

Community Mailboxes

Identify the pads above on the engineering servicing drawings. The pads are to be poured at the time the sidewalk and/or curb installation within each phase of the plan of subdivision,

determine the location of all centralized mail receiving facilities in cooperation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans. Maps are also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations.

c) Canada Post's multi-unit policy, which requires that the owner/developer provide the centralized mail facility at their own expense, will be in affect for buildings and complexes with a common lobby, common indoor or sheltered space.

iii)

iv)

London Hydro

No objection to the proposed Draft Plan of Subdivision or associated Zoning By-law amendment applications.

EEPAC

The following is in response to the issues identified by EEPAC with respect to the EIS prepared by Biologic, Aquatic and Terrestrial Ecosystem Planners relating to this development application.

Issue 1 -The proposed ESA Boundary excludes a portion of the wetland community 08018.2.4

Response: Patch 08018.2.4 is not included within the proposed subdivision. Parks Planning and Design staff reviewed the €IS submitted by Biologic and are in general agreement with the findings and conclusions. The Planning Division has concentrated our review as it relates to this phase of the development. The issue of development within or adjacent to patches outside of this proposed development will be addressed in greater detail (if required) when development is proposed to the east.

Issue 2 - The proposed ESA Boundary excludes a portion of forest 08015.1 and a portion of forest C5.

Response: A small portion of the south corner of the patch is proposed for residential development. The majority of this patch is identified as Block 15 which is to be developed forthe SWM facility. The location of the SWM facility was reviewed through the Kilally South Area Plan Update and a subsequent Municipal Class EA was carried out to justiw its location.

Patch C5 is not within the limits of this proposed development. As noted above, the issue of development within or adjacent to patches outside of this proposed development will be addressed in greater detail (if required) when development is proposed to the east.

Issue 3 -The proposed ESA boundary excludes a portion of meadow community 08018.2.1

Response: The portion within the proposed draft plan is to be utilized by the SWM facility. As noted above, the issue of development within or adjacent to patches outside of this proposed development will be addressed in greater detail (if required) when development is proposed to the east.

Issue 4 -The proposed ESA boundary excludes the entire Forest Community 08019

9


39T-05505/2-6897 A. MacLean

Response: Patch 08019 is not included within the area of this subdivision. As noted above, the issues of development within or adjacent to patches outside of this proposed development will be addressed in greater detail (if required) when development is proposed to the east.

Issue 5 -There are two municipal wells within the subject property which should be assessed.

Response: The Kilally South Area Plan Update (2003) noted that Highbury Well #I is considered a GUDl (groundwater under the direct influence of surface water) well and as a result i t has been abandoned by the City of London. Highbury Well # 2 is to be decommissioned. This issue of decommissionlng Well #2 was examined in a March 21, 2005, EESD report to ETC. This will be addressed through a condition of this draft approval.

PUBLIC LIAISON:

Upper Thames River Conservation Authority

The UTRCA has concentrated their comments as they relate to the lands affected by this subdivision application. The UTRCA will provide additional comments for lands to the east at the time development is proposed for that area.

The UTRCA have advised that there is sufficient information to provide conditions for draft approval at this time. Additional informationlrevisions to the EIS relating to Biotic Function: Habitat for Atypical Flora and Faunal Species, Reptile Habitat and Habitat for Breeding Birds; Species at Risk; Stormwater Management; and Groundwater Quality will be obtained through conditions of draft approval.

The UTRCA has requested that the following conditions to draft approval:

1. The location of the outlet be to the satisfaction of the UTRCA to ensure the habitat of the Species at Risk located in the vicinity are not disrupted. Depending on the detail design information submitted, additional approvals under the Species at Risk Act may also be required;

A Conservation Authorities Act Permit be obtained. Depending on the detailed design information submitted, additional approvals under the Federal Fisheries Act may also be required;

A final EIS which consolidates the comments received to date and provides the additional information requested, be submitted to the satisfaction of the UTRCA; and,

4. A final Stormwater Management Report which incorporates the necessary changes as a result of the revisions to the geotechnical report and/or revisions to the EIS be submitted.

2.

3.

On April 1, letters were sent to 170 surrounding property 11 replies owners advising of the development applications. Notice of the applications was also published in the "Living in the City" section of the London Free Press on April 9, 2005.

10


~~~~

39T-0550512-6897 A. MacLean

Possible Amendment to Zoning By-law 2-1 to change the zoning from an Urban Reserve (UR) Zone to a Residential R1 (RI-13) Zone which permits single detached dwellings on lots with a minimum lot frontage of 9 metres and a minimum lot area of 270 msq; a Residential R1 Special Provision (RI-3 (7) Zone which permits single detached dwellings lot lots with a minimum lot frontage of 11 metres and a minimum lot area of 300 sq m; a Residential R5/R6(R5-7/R6-5) Zone to permit townhouses and stacked townhouses at a maximum height of 12 metres and a maximum density of 60 units per hectare and cluster housing at a maximum height of 12 metres and a maximum density of 35 units per hectare; a Residential R4/R5(R4-6/R5-7) Zone which permits street townhouses on lots with a minimum lot frontage of 5.5 metres and a minimum lot area of 145 sqm and townhouses and stacked townhouses at a maximum height of 12 metres and a maximum density of 60 units per hectare; a Residential R6/R9(R6-5/R9-7) which permits cluster housing at a maximum height of 12 metres and a maximum density of 35 units per hectare and apartments at a maximum height of 36 metres and a maximum density of 150 units per hectare and an Open Space (OW) Zone to permit the development of a storm water management facility and a neighbourhood park.

An amendment to section 4.21 of the 2-1 Zoning to identify Street A as a secondary collector is also under consideration.

An Environmental Impact Study (EIS) is required as part of this application. You will be notified at a later date when the EIS is available for review and comment. (Notice of receipt of EIS sent on June 27, 2005)

~ ~ ~

Responses: See responses to public liaison pages 21 & 22.

ANALYSIS I) CONFORMITY WITH THE KILALLY ROAD AREA STUDY (1990) AND THE SOUTH AREA PLAN UPDATE (2003)

The Kilally Road Area Study and the Kilally South Area Plan Update provided guidance for the development of lands in this area. These community plans recommended appropriate land uses designations which were ultimately approved for this area through amendments to the Official Plan. The plans also provided guidance for the development of residential uses and parks and addressed issues such design considerations, transportation, natural heritage, and servicing. The following is an analysis of this proposed subdivision in light of the community plans which have been prepared for this area.

KILALLY

RESIDENTIAL

The recommended land use plans for both the 1990 Kilally Road Area Study and the Kilally South Area Plan Update (2003) proposed low density, multi- family medium high density and multi-family high density residential uses for lands east of Highbury Ave. N. and north of Kilally Road. The studies determined that high density residential uses are more appropriate adjacent to Highbury Ave. N. (a high volume arterial road) and that medium density uses provide for a suitable transition between the proposed high density uses and low density uses proposed further to the east. The recommended land use designations were approved in amendments to the Official Plan in 1991 and 2003.

The Low Density Residential designation, which applies to a small portion at the north east corner of the site, permits low-rise, low density housing forms including detached, semi- detached and duplex dwellings(at a maximum density of 30 units per hectare) as the main permitted uses.

The Multi-Family Medium Density designation, which applies to the majority of the site, permits multiple-unit residential developments having a low rise profile, with a maximum density of 75

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39T-05505/2-6897 A. MacLean

units per hectare. Uses may include row houses, cluster houses, low-rise apartment buildings and certain specialized residential facilities such as small scale nursing homes. Uses permitted within the Low Density Residential designation may also be considered in areas designated for medium density residential development.

The Multi-Family High Density designation, which applies to the westerly portion of the site, permits large-scale, multiple-unit forms of residential development at a maximum density of 150 units per hectare. Uses may include low-rise and high-rise apartment buildings, apartment hotels, multiple-attached dwellings, emergency care facilities, nursing homes, rest homes, homes for the aged, and rooming and boarding houses. Uses within the medium density designation may also be considered in areas designated for high density residential development.

Proposal

The applicant is proposing a block plan of subdivision. There are seven low density residential blocks, six medium density residential blocks, and one high density residential block.

The following table illustrates the potential number of units and population resulting from this subdivision based on the net residential densities as noted in the Kilally South Area Plan (KSAP) and the densities in the proposed zones.

A lotting pattern for the low density residential blocks will be required as the plan is registered in phases to ensure conformity with the recommended zoning and to ensure that there are a variety of lot sizes in keeping with the City's Small Lot Subdivision Guidelines. The zoning recommended for the single detached dwellings in this subdivision allows for lot frontages ranging from 9 metres to 11 metres. The Small Lot Subdivision Guidelines also requires that the issue of adequate on street parking be addressed. In order to ensure that there are a sufficient number of on street parking spaces, a parking plan will be required for all lots with a frontage of less than 11 metres. The parking plan will identify the appropriate location for driveways (ie. their proximity to each other) for each lot to ensure that there is sufficient room for on street parking. Lot frontages within the blocks may have to be increased from the minimum standards set by the Zoning by-law to meet the requirements of one on street parking space per two dwelling units.

EESD-Transportation staff have noted that if a parking plan is required for this subdivision, and increased pavement width is proposed to accommodate the parking plan, the road allowance width will be increased a corresponding amount in order to maintain the standard 6.0 m wide boulevards on either side of the road. Any proposed widening of the pavement and the road allowance will be to the satisfaction of the City Engineer.

The applicant has also shown a "ghosted lotting pattern for blocks 11 and 12. Planning staff have advised the applicant that these blocks are appropriate for medium density residential development. Therefore the "ghosted lotting pattern as shown on the proposed draft plan is not supported by staff and it will not form part of the draft approval of this plan of subdivision.

The applicant's proposal to develop various forms of low, medium and high density residential uses complies with the designations which apply to these lands.

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SUBDIVISION DESIGN

The Kilally South Area Plan Update recognized design as an important element to be considered in the creation of this community. The Area Plan provided guidance to ensure that neighbourhood structure, roads and transportation, housing and heritage preservation matters be addressed.

The 'focus' of the Kilally South community is based on a composite of three neighbourhoods located along Kilally Road. In keeping with the objectives of the Plan, the limits of the Edgevalley subdivision are well defined along the northern boundary adjacent to the Kilally Forest ESA and Kilally Road to the south. The subdivision has been integrated with existing development to the west and will allow for appropriate integration from a land use, vehicular and pedestrian standpoint to lands to the east. One of the goals of the Kilally South Area Plan was to discourage rear lotting and noise attenuation walls along Kilally Road. This has been recommended through the proposed zoning to be applied to these medium density residential sites adjacent to Highbury Avenue and Kilally Road.

The collector road between Kilally Road and Highbury Ave. N. provides for exposure to the SWM facility and the Kilally Forest ESA. The local street pattern also provides exposure to the central neighbourhood park. Recommended sidewalk locations and the Thames Valley Parkway trail will provide for appropriate pedestrian circulation throughout this neighbourhhood.

The proposal provides for a balance of low density, medium density and high density forms of housing, in keeping with the recommendations of the Kilally Road Area Study (1990) and the Kilally South Area Plan Update (2003). As this is a block plan development, the issue of lot sizes will be reviewed prior to registration to ensure that there is a mix of slzes in keeping with the Small Lot Subdivision Design Guidelines. Issues dealing with the aesthetics of development on multi-family residential blocks will be examined in greater detail at the site plan approval stage.

There are no heritage structures located within the subject lands. The issue of heritage preservation will be addressed as future phases of the Kilally South Area develop.

PARKS AND OPEN SPACE

The open space designation, which applies to lands adjacent to the Thames River, permits uses such as city-wide, and regional parks; cemeteries; private golf courses; agriculture; woodlot management; horticulture; conservation; essential public utilities and municipal services; and recreational and community facilities as the main permitted uses.

Tharnes Valley Parkway

The Kilally South Area Plan Update (2003) noted that the Thames Valley Parkway(NP) is planned to link under Highbury Ave. N. and travel eastward at the top-of-bank within an open space block approx. 20-30 metres above the top of bank. The TVP trail will travel through the SWM facility and could be combined with access roads to the facility and to the outfall structure, and then lead down into the valley. From there, it will roughly follow the existing trail to Clarke Road where it will come up the embankment of Clarke Road to Kilally Road. The location of additional access points along the N P will require site inspections and further studies to select suitable routes. City capital funding (100 % development charges) has been identified for 2008 to construct this portion of the TVP pathway.

The proposed draft plan of subdivision provides for sufficient width to accommodate the Thames Valley Parkway within this subdivision in keeping with the Kilally South Area Plan Update (2003).

Neighbourhood Park

Parks and recreation uses are essential to the quality of life in a community. Neighbourhood parks are generally 0.5 - 4.0 hectares in size and serve the local neighbourhood population and

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are designed to support unorganized activities and organized recreation programs. Neighbourhood parks should be centrally located to allow for access by foot from the neighbourhood it serves. The park block should be of sufficient size to accommodate a sports field and playground facilities. It should also be designed to have extensive street frontage for visibility and safety.

The Area Plan identified a neighbourhood park to be developed adjacent to the stormwater management facility. The Plan also noted that:

Part of the research toward this area plan update revealed an agreement between the City and a former land owner and subdivider, namely, Mathews Group. Park land credits were given to Mathews Group for larger public park dedications in the Kilally area west of Highbury along the Thames River. The result of the credits is that there is no further public park land dedication requirement of Drewlo Holdings. Therefore, the City will have to purchase the designated Neighbourhood Park lands with "cash in lieu of parkland dedication" by other land owners and developers within Kilally South.

The applicant has proposed a neighbourhood park (shown as Block 16) to be centrally located immediately south of the SWM facility with access to Street A. Since the City will be required to purchase parkland within this subdivision, Parks Planning and Design staff has reviewed the design of the park and suggest that it be adjusted to provide for increased exposure to the local street (Street D). This has been reviewed with the applicant and they concur with the proposed redline revision. The park is also intended to provide for future connection to residential areas to the east once these lands are brought forward for development.

The parkland will be purchased from Drewlo Holdings Inc. at a rate equal to the rate developers pay into the cash in lieu fund. The exact rate of compensation will be determined once the park size has been finalized (minus the laneway to be transferred to the developer). The values will be based on a rate of $370, 500 per hectare. To date approximately $50,000 has been collected, via cash-in-lieu payments, from adjacent developments to fund this parkland purchase.

Fencing with 1.5 metre chain link fences along all boundaries of existing and proposed open space and residential lotslblocks will be required prior to applying for building permits to ensure the delineation and to prevent encroachment into these areas.

NATURAL HERITAGE

The area studies (1990 & 2003) provided an analysis of environmental features within this area which resulted in amendments to the Official Plan. Official Plan Schedule B - Floodplain and Environmental Features identifies lands adjacent to the Thames River as part of the Kilally Forest ESA. A portion of these lands is also identified as a vegetation patch and as a ground water recharge area.

The Environmental Impact Study (EIS) June 2005 prepared by Biologic Inc. in support of this application has provided a further analysis of the ecological features and functions in this area. Parks Planning and Design staff have reviewed the EIS and are in general agreement with their findings and conclusions. An additional addendum to the EIS (February 2006) was provided by Biologic Inc. to address the construction of the sanitary sewer adjacent to the Kilally Forest ESA. Staff have reviewed the addendum and agree that the sewer construction should not adversely impact the existing natural heritage features and functions of this property. It is noted that enhanced sediment and erosion control measures will be required given the proximity of the sewer to the stable slope. This must be addressed through the submission of detailed engineering drawings.

The applicant will be required to dedicate certain lands adjacent to the Thames River which will ensure the public acquisition of the Kilally Forest ESA.

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A. MacLean

Existing Pond adjacent to 1596-1620 Purser St

A number of area residents identified a pond adjacent to the rear yards of Purser Street as a natural heritage feature. They noted that this pond provides habitat for a number of different species of animals (some possibly endangered) that would be negatively impacted by the proposed development. It should be noted that this pond is not identified on Schedule B of the Official Plan. The Area studies and the EIS prepared by Biologic Inc. note that this pond is the result of previous aggregate extraction activities on this site. The EIS also noted that the wildlife found within this pond are considered to be abundant within Middlesex County and are considered endangered species. As a result the pond will not be retained.

Impacts of Proposed Development on Vegetation

It is acknowledged that many of the trees within the vegetation patch (identified in the EIS as patches 08017.1 & C2) will be removed as a result of development and the construction of the storm water management facility. The EIS noted that the vegetation communities within the subject lands are ranked common by the Natural Heritage Information Centre and they are considered locally common and are

Groundwater Recharge

The subject lands are identified as a groundwater recharge area on Schedule B of the Official plan. The EIS noted that the extensive aggregate extraction in this area altered the normal regime of groundwater recharge. It was also noted that the previous gravel extraction activities have significantly cut of the hydraulic connections between the site and the Thames River. In order to limit the impacts this subdivision may have on groundwater recharge in this area, the owner will be required to promote the implementation of stormwater management (SWM) soft measure Best Management Practices (BMP's) within this plan where possible. The acceptance of these measures by the City will be subject to the presence of adequate geotechnical conditions within this plan and the approval of the City Engineer (see Municipal Requirement 2.

significant.

e)).

Development Limit

The City of London Guideline Document for the determination of Ecological Buffers and Development Setbacks note that the development limit is determined as the greater of the following:

1. the geotechnical limit plus a 6 metre maintenance access setback; 2. a minimum of 30 metres from the Thames River edge; or 3. the limit of existing significant vegetation plus an additional variable width (ie for hiking trail if

required).

The applicant has shown the development limit as the geotechnical limit (top of stable slope) plus a 6 metre maintenance setback (which is the greater of the three criteria listed above). The UTRCA have advised that they are in agreement with the identified development limit. This development limit will ensure the protection of the Thames River Corridor, the Kilally Forest ESA and it will allow for the development of the Thames Valley Parkway pathway outside of the ESA.

The EIS and its addendums note that the proposed development of this plan of residential subdivision will cause no unalterable adverse impacts to the existing natural heritage attributes and functions of the subject lands or surrounding lands.

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TRANSPORTATION

Streets

The original Kilally Road Area Study (1990) recommended that a secondary collector road be extended northerly from Webster Street to intersect with a new secondary collector road which was to run from Sandford Street to Highbury Ave. N.. The Kilally South Area Plan Update (2003) provided further direction for road alignments within this area. The study determined that the easterly extension of a secondary collector road through the lands north of Kilally Road would not be necessary. As a result, the alignment was modified slightly to form a circuitous “loop” to connect Webster Street to Highbury Avenue, rather than a “T” intersection. The proposed collector road (Street A) between Kilally Road and Highbury Ave. N. is identified on Schedule C of the Official Plan. This collector road has been identified on the proposed plan of subdivision.

The 2003 Update notes that if Kilally Road is redesignated from Arterial to Primary Collector, then traffic circles could be used on Kilally Road at the intersections with Webster Street, Sandford Street and the internal secondary collector.

The Area Plan also noted that the Agathos subdivision and other future residential developments north of Kilally Road, between Highbury Ave. N. and Webster Street, will require public road access to the future northerly extension of Webster Street. This has been shown through the connections between Purser Street and Street E, and Agathos Street and Street B.

The subdivision will be accessed through a proposed collector road which runs from Kilally Road to Highbury Ave. N. consistent with the Kilally South Area Plan. The proposed draft plan includes one collector road and four local streets, and it provides the opportunity for the future development of lands to the east. All lots and blocks will be accessed from the internal local road system.

Gateway Treatment

The Kilally South Area Plan (2003) noted that gateway collector roads are to have centerline raised medians for a distance of 30 - 60 metres from the arterial road entry.

EESD have requested as a condition of draft approval that the owner construct a gateway treatment on Street ‘A at the intersection of Kilally Road with a minimum right-of-way width of 28 metres for a minimum length of 55 metres tapered back over a distance of 30 metres to the standard secondary collector road right-of-way width of 21.5 metres. A portion of the widened road will be claimable from the Urban Works Reserve Fund, consistent with the City’s standard practice for paying claims where a secondary collector road is widened by 1.5 metres at an arterial road (or primary collector) for a distance of 45 metres with a 30 metre taper, to accommodate a turning lane.

Public Lane

There is also a public lane (external to this subdivision) which extends from Highbury Avenue to the westerly limit of the subdivision. Typically a private land holder must make application to the City for consideration a lane closure and to have the land declared surplus. Given this development proposal, Realty Services have advised that it is appropriate to consider closure of this lane at this time and dedication of a portion of the lane to Drewlo Holdings to be combined with Blocks 9 and 10 of this draft plan of subdivision. Direction to begin the process of closure of this lane has been identified in recommendation clause (f) of this report. The property owner has also agreed to dedicate an equal amount of parkland within this plan to compensate the City for the portion of the lane they will be obtaining. It should also be noted that the City, depending on the developers phasing and build-out, may still require an easement over this lane to allow for access to Well # 2 until it has been decommissioned.

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39T-0550512-6897 A. MacLean

Speed Limlts and Slgnallzation on Hlghbury Avenue

The issue of speed limits on Highbury Avenue and the need for signalization at Highbury Avenue and the proposed collector road (Street A) was raised during the public liaison process.

The intersection of Highbury Avenue and Edgevally Road was studied in 2004 and it was determined that a traffic signal was not warranted. EESD staff have noted that this will continue to be monitored and if at any point traffic signal control is required it will be recommended and the instaliation/budget process will begin.

EESD staff have reviewed the request for reducing the posted speed from 70 kmlh to 60 kmlh on Highbury Avenue between Kilally Road and Fanshawe Park Road within the parameters of the City of London Guidelines for Establishing Appropriate Speed Limits on City Roads. It has been determined that the appropriate speed limit should be set at 70 km/h and they do not recommend a speed limit change at this time.

Street Maintenance

Additional concerns were raised regarding the future maintenance of roads (ie road side debris) and the need for street planting was also raised during the public liaison process.

With respect to street maintenance, this is handled by EES - Roads and Transportation1 Transportation and Roadside Operations Department. If regular cleanup does not occur then residents may call Public Service at 661- 4570 to request cleanup.

With respect to tree planting, a standard clause in the subdivision agreement states that :

The City agrees to administer and implement street tree planting on boulevards within the plan of subdivision herein at full cost to the Owner in accordance with the City’s Tree Planting Guidelines as they apply to new subdivision developments. This includes, but is not limited to:

The Owner shall provide the City with a planting plan at time of assumption showing locations of all built elements such as street lights, driveways, electrical transformers, etc. This plan will be reviewed and approved by City staff prior to award of assumption.

The City will invoice the Owner after planting operations have been completed. This invoice will reflect actual planting costs plus administration fee (as outlined in the City’s Tree Planting Policy for New Subdivision Development) and applicable taxes. Payment of this invoice will be required prior to “end of warranty” sign off

a)

b)

Access to 1620 Highbury Avenue N.

Another resident raised the issue of access to a parcel of land adjacent to this subdivision (1620 Highbury Ave N) which is designated for medium density residential development. Access to these lands may be obtained from Highbury Ave. N. as a joint access with the commercial property to the south or alternatively it could be addressed through an access easement from the adjacent multi-family blocks. From a traffic flow perspective, access to 1620 Highbury Ave. N. through the subject subdivision would be the preferred option rather than providing direct access to Highbury Ave. N. This access issue would be addressed in greater detail as site plan applications are submitted for these blocks.

SERVICING

Section 19.1.2 of the Official Pian notes that municipal sewer, water and drainage works and public parks are permitted within all land use designations. Therefore, the stormwater

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management facility and neighbourhood park, to be located within the low density and multi- family medium density residential designation complies with Official Plan policies.

Sanitary Services

The sanitary sewer located on Edgevalley Road at Highbury Ave. N. at the west limit of this plan will services this development. This proposed subdivision is located in the Adelaide Pollution Control Plant sewerage shed. Registration of the plan and subsequent development is subject to the availability of sewage treatment capacity at that treatment plant for this subdivision.

The owner will be required to extend the sanitary trunk sewer to the eastern limit of the development. The construction of the sanitary trunk sewer must comply with all requirements of the stormwater management conditions and the U.T.R.C.A. A utility corridor (conforming to City of London specifications for easements within open space - eg. 9.1 m minimum) for the trunk sanitary sewer through the open space to the eastern limits of the development must also be provided. The utility corridor must be adequate for the maintenance, repair and replacement of the sanitary trunk sewer. This utility corridor is subject to the requirements of slope stability for the SWMF and the Thames River. The owner may also be required to complete an Environmental Assessment, if determined necessary, based on the location of the utility corridor or for any other reason that may trigger an Environmental Assessment.

The owner will be required to make any provisions necessary for oversizing of internal sanitary sewers in the subdivision plan to accommodate flows from upstream lands internal to this plan, all to the specifications of the City Engineer.

A number of residents raised concerns regarding the responsibility for the cost of installing services. The cost of installing services within the subject lands (sanitary, storm and water) are the responsibility of the developer. In certain instances the developer may make a claim for the installation of some services to the City’s Urban Works Reserve Fund only where services are to extend to serve lands outside of the boundaries of the subdivision.

Storm Water Management

The location of the SWM facility within this proposed plan of subdivision resulted from an in- depth study and analysis of SWM facilities for the west basin as noted in the 2003 Kilally South Area Plan Update. In 2003, McCormick Rankin Corporation completed the Kilally South Storm Water Management Study Class EA.

This plan is located within the North Thames Subwatershed and the proposed storm/drainage system for a large majority of the subdivision lands will be outletting into the main channel of the North Branch of the Thames River via the proposed Stormwater Management (SWM) Facility.

As a condition of draft approval the owner will be required to construct all storm sewers, the SWM facility, storm outlet and all required maintenance access roads in conjunction with this plan; provide adequate land dedication to the City of the SWM facility to service this subdivision and the total identified catchment area in accordance with the accepted SWM facility design, and ensure that all storm sewers and the SWM facility are constructed and operational prior to any development taking place in this plan.

EESD have noted that approximately 5 hectares, located at the northwest portion of the subject lands will not utilize the proposed swm facility located within the subject draft plan. This area is to be served by existing municipal storm sewers as identified on the servicing drawings in subdivision plan 33M-443 and the existing swm facility located west of Highbury Ave. N., south of Kilally Rd.

Development Engineering London Ltd (the owners engineer) has advised that Drewlo Holdings Inc. will either obtain approval from the owner of 1620 Highbury Ave. to install the sewer across their property through a sewer easement or they will route the storm sewer around 1620 Highbury Avenue utilizing the Highbury Avenue road allowance and the existing City of London watermain easement located to the south. Both scenarios have sufficient grade to allow the 5

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hectares to outlet to the existing 825mm storm sewer. In addition, should the internal grading of the subdivision allow all or a portion of the 5 hectares to drain to the proposed SWM facility sufficient storage volumes would be available.

Design of SWM Facility and Potential Drainage Impacts on Adjacent Lands

The Class EA report identified the most appropriate location for the SWM facility. The preliminary SWM design (submitted with the subdivision application) shows a wetpond (permanent) and a forebay. The final design of the SWM facility and its outlet to the Thames River will be reviewed by the City Engineers Department in consultation with Parks Planning and the UTRCA as part of the owner’s submission of detailed engineering drawings.

The existing drainage patterns in this area should not be negatively impacted as a result of this development. These issues will be addressed as part of the developers submission of detailed engineering drawings (which are required after draft approval). Should this application be approved, draft approval is granted for a 3 year period (see condition 2). During this time period the property owner must have the conditions of draft approval fulfilled and the plan registered or draft approval will lapse (unless an extension is granted). The applicant may be able to begin grading the site (provided he has entered into a site alteration agreement with the City) prior to registration of the plan provided the detailed engineering drawings have been accepted. Also prior to construction of municipal services all municipal and provincial approvals are required. Therefore, the timing for construction of services is determined by the developer (subject to municipal/provincial approvals).

Water Services

The owner will be required to connect the proposed internal watermains to serve this plan to the existing municipal 400 mm (16) diameter watermain on Highbury Avenue, the existing municipal 200 mm (8”) diameter watermain on Purser Street, the existing mutiicipal 200 mm (8”) diameter on Agathos Street and the proposed 300 mm (12) diameter on Kilally Road. The owner will extend the existing municipal 300 mm (12) water main on Kilally Road to the easterly property limit of this plan of subdivision. The owner will be required to provide “looping” of the water main system constructed for this subdivision prior to 80 or more units being developed, all to the specifications of the City Engineer.

Decommissioning of Well #2

In a report to EESD dated March 21, 2005 approval was obtained from Council to decommission Highbury Well #2 and to enter into a cost sharing agreement with Drewlo Holdings Inc. for the decommissioning. EESD - Water Engineering Division have indicated that they are currently reviewing a work program for the formal decommissioning of Highbury Well No. 2. with Drewlo Holdings Inc. They note that potential impacts associated with the continued operation of the City-owned well supply is no longer a concern. The well is physically disconnected from the City water distribution system and there are no plans to make a reconnection. As a condition of draft approval, the owner will be required to enter into a cost sharing arrangement with the City of London for the decommissioning of Highbury Well No. 2 to be done in accordance with MOE requirements (and the related Council resolution).

ADDITIONAL ISSUES RAISED DURING THE PUBLIC LIAISON PROCESS

The Kilally South Area Plan Update (2003) provided a detailed analysis of the need for various types of community facilities. Both the Thames Valley Catholic School Board (TVCSS) and the Thames Valley District School Board (TVDSB) identified the need for an elementary school in this area in the future. The Kilally South Area Plan Update proposed that these schools be located at the intersection of Kilally Road and Sandford Street. This will be addressed as development proposal are brought forward for these lands. Both the TVCSB and the TVDSB

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indicated that there was no need for a future secondary school in this area as it is expected that future students can be accommodated at existing secondary schools in the area (ie Jean Paul II, Mother Theresa, and Montcalm Secondary Schools).

The plan also noted that Firestation # 7 located on Highbury Avenue midway between Huron Street and Cheapside Street (approximately 3 km to the south) is sufficient to service this area. The response time to this area from Fire Station #7 is 4 minutes. A new fire hall planned for Fanshawe Park Rd. E., east of Highbury Ave. N. will also have a 4 minute arrival time to this area.

The London Transit Commission have also noted in response to this development proposal that transit service will be extended to Street A to address the needs of future residents in this area.

A number of area residents raised issues with effects on property values; type of medium density housing proposed; location of parking areas for medium density development; and the potential for student housing. We have no information to suggest that property values will be negatively impacted as a result of the proposed development. The type of residential development proposed as noted in the recommended zoning will be a mix of single detached dwellings, cluster housing and/or townhouse dwellings and apartment buildings. With respect to the proposed medium and high density zoning, the exact type of housing will not be determined until such time as the owner submits site plan applications to develop these blocks. Parking for multi-family housing must be provided on site at a specific rate as identified through the Z-1 Zoning By-law. This issue is addressed at the Site Plan Approval Stage.

With respect to student housing, it is not possible to zone lands to prohibit a specific demographic group. Planning analysis concentrates on the appropriateness of the form of proposed housing (ie single detached, cluster/townhouses and apartments) and not tenure or group who may be occupying the units.

PROPOSED ZONING

The subject lands are zoned Urban Reserve. This Zone provides for and regulates existing uses on lands which are primarily undeveloped. The Urban Reserve (UR) Zone is intended to protect large tracts of land from premature subdivision and development in order to provide for future comprehensive development on those lands.

The recommended low medium and high density residential zones are appropriate and in conformity with the existing land use designations. The Residential R1-13 Zone allows for lots with 9 metres of lot frontage. As previously mentioned a parking plan will be required for those streets which have lots zoned Resldentlal R1-13 to ensure that there is sufficient on street parklng provlded wlthln thls development. The Resldentlal R1-3(7) zone provldse for Iota wlth a mlnimum lot frontage of 11 metres. This has been applied to those single detached lots proposed to front the secondary collector road. This approach is consistent with other subdivision applications approved to ensure that there is adequate on street parking on these streets and to minimize the number of driveways gaining access to the secondary collector road.

It is recommended that a holding provision (h.) be applied to all residential zones to ensure that development proceeds on full municipal services and with an executed subdivision agreement with the City. It is also recommended that a holding provision (h-54) be applied to the zoning for blocks 1, 2 12, and 13 (R5/R6 and R9 Zones) to require the applicant to submit a noise study at the time of site plan approval to ensure that development proposed for these blocks provides for appropriate noise mitigation measures which avoid the use of noise walls.

The storm water management pond and the neighbourhood park are recommended to be zoned OS1 to allow for the development of these uses. It is further recommended that current OS5 Zone adjacent to the Thames River be expanded to include the Kilally Forest ESA and lands for the Thames Valley Parkway to ensure their protection from future development.

Section 4.21 of the 2-1 Zoning By-law must also be amended to identify Street A (from Kilally Road to Highbury Ave. N.) as a collector road.

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PREPARED BY:

39T-0550512-6897 A. MacLean

SUBMITTED BY:

Recommended Redline Revisions

SENIOR PLANNER

identify 0.3 m reserves along Blocks 12, 13 and 14 fronting Highbury Avenue North (5.1 1.c.ii)

LMANgGER - SUBDIVISION AND SPECIAL PROJECTS

revise Street 'B' at Street 'A' to provide 90 degrees with a minimum 6 metre (20) tangents (B.1.b)

identify Street 'A' at Highbury Ave. N. to be 22.5 metre wide and tapered back to 21.5 metres (B.3.d)

adjust the configuration of the park block.

Adjust SWM Block and add new block for single detached dwellings

I CONCLUSION

This subdivision with the recommended zoning will provide a variety of residential dwelling types; a centrally located neighbourhood park to benefit existing and future residents; the protection of the Kilally Forest ESA; and land to allow for the extension of the Thames Valley Parkway. The proposed draft plan of subdivision and associated Zoning By-law amendments are appropriate and consistent with the 1990 & 2003 Kilally area studies, the Official Plan, and the 2005 Provincial Policy Statement

GENERALMANAGEROFPLANNINGANDDEVELOPMENT February 15, 2006 AMlam "Attach." Y:\Shared\SUB&SPEC\SUBDIV\2005\39T-05505 - 1522 Kilally Rd\39T05505rep2.doc

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RED-LINE REVISIONS

Flle Number: 26897/39T-05505

Planner: AM

Date Prepared: 2006/02115

Technician: CK

LEGEND

0 SUBJECTSITE - ADD

DELETE

N

s SCALE 1:4500

100 0 100 Meters

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

Presideni of Middlesex Condo Corp 390 8-99 Edgevalley Road

(written response)

Brian McHugh Jillian Wade 1489 Agathos Street

(written response)

Coletta McNabb

82 Wintergarden Court

(phone response) Jason Bourne 1606 Purser Street

(written response)

Wants traffic sianals at the intersection of Hiahburv and Edgevalley. Injight of the proposed development thinks that it is even more crucial to have lights installed at this intersection given development proposed to the east of Highbury Ave. Also would like to see the speed limit between Fanshawe and Kilally Road reduced from 70 kmph to 60 kmph

Who will be responsible for cleaning the debris and cutting the grass along the east side of Highbury from Edgevalley to the river once the new subdivision is in?

Will trees be planted in and around the subdivision?

Would like to see some trees planted on the north side Edgevalley Road from Highbury to Cobblestone Street-was this in the original plan for the development of 99 Edgevalley Rd? If so was it overlooked? Does not support increased densities which allows for stacked townhouses as there is a perception that this will reduce property values and an undesirable place to live.

Believes the Urban Reserve designation has been placed on this site to ensure that the wooded area remains natural and undeveloped.

Would like to see the entire area be developed for single detached dwellings. Refers to London Free Press article of April 23‘ regarding London losing its “tree status”. Believes this application should not proceed as it will result in the loss of some trees.

Concerned that trees and natural pond will be destroyed. Natura area where deer, birds, skunks and other wildlife.

Has schools, busing, fire stations been taken into consideration as a result of this proposed development?

Will this major construction project negatively impact the Thames River?

There are no services to this area and to install services it will be very costly.

Does not support application. Does not support proposed high density development

Does not support removal of the pond behind 1596-1620 Purser Street. Wants an environmental study done on the pond. This is a natural habitat for geese, ducks, turtles, deer, fox, wild turkeys, cranes, various frogs, insects and birds. Believes the pond should be preserved and zoned as open spacelpark area.

Also, if the pond is filled in will the water find its way onto his property and to his basement? The pond currently acts as a

22

John and Helen Nichol 1620 Highbury Avenue

:phone response) ?on and Heather Neufeld 1596 Purser Street

:written response)

Jason Cemy 1576 Purser Street

(phone &written response)

Susan Ratz 1665 Benjamin Drive

(written response)

Jeff and Jenny Kool 1548 Purser St

(written response)

Marianne Johnson Kilally and Clarke Rd

(phone response)


39T-05505E-6897 A. MacLean

iasin for drainage. If it is removed how will this affect his and ither neighbours property?

:oncern over future access to their property if adjacent lands are to develop for medium and/or high density residential uses.

Vatural wetland at the rear of their property.

Where will the runoff that currently goes into the pond behind iheir house go if this area is to develop for residential uses?

Would like a written guarantee from the City ensuring that their basement will not be flooded in the future as a result of this development. Concerns over medium housing at the end of Purser Street(north end)-What type of housing will be constructed? Townhouses or condos? Anticipated selling value?

Concern over parking area required for medium density housing- do not want to see a lot of cars parked on the street in this area.

Is the area deemed as student or low income housing?

Will there be a bus route planned for this area and if so what streets may be affected?

Pond and wetland behind his home. May be endangered species of fish, mussels, spiny soft shell turtle and/or Queen snake deposited in the pond from the Thames River. Wants a full environmental assessment performed on the pond to determine if there is endangered aquatic life and if so steps taken to preserve the pond.

Wants trees behind his lot preserved or replaced if construction deems their removal. Trees have been a selling feature of this area and their removal may impact resale. Wants to know when the EIS is available.

The SWM Block 15-is this a series of ponds and will it include some buildings or treatment plant?

When would construction begin in this area?@ homes and or swm pond)

What type of housing will be abutting 1548 Purser St?

Clarification of location of subdivision and limits of Kilally Forest ESA

23

metres 2501 5001 750 1 10001 12501 15

NOTIFICATION MAP LEGEND 120m Radius Buffer U S u b j e c t Site

Subject Site: 1522 Kilally Rd Planner: Alllster

I Applicant: Drewlo Holdings Inc MacLean Water I Created By:

Roll Number: *,lister Maclean a Imperial Oil Pipeline

File Number: 39T-05505 Date: 4/1/2005

Scale: 1 : 7500

(20 rn buffer)

Sun-Canadian Oil Pipeline (20 m buffer)

Park CORPORATION OF THE CITY OF LONDON Prepared By: PD - Planning


39T-05505/2-6897 A. MacLean

Appendix "A"

Bill NO. (number to be insetted by Clark's Office) 2005

By-law NO. Z.-l-O6(number to be inserted by Clerk's OMW)

A by-law to amend By-law No. Z.-I to rezone an area of land located at 1522 Kilally Road.

WHEREAS Drewlo Holdings Inc. have applied to rezone an area of land located at 1522 Kilally Road, as shown on the map attached to this by-law, as set out below;

AND WHEREAS this rezoning conforms to the Official Plan;

THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows:

Schedule "A" to By-law No. 2.-1 is amended by changing the zoning applicable to lands located at 1522 Kilally Road, as shown on the map below comprising part of Key Map No. 24, FROM a Urban Reserve Zone TO a Holding Residential R1 (h. R1-13) Zone; a Holding Residential R1 Special Provision (h. R1-3 (7)) Zone; a Holding Residential R5/R6(h. h-54 R5-7/R6-5) Zone; a Holding Residential R5/R6(h. R5-71R6-5) Zone; a Holding Residential R6/R9(h. h-54 R6-51R9-7) Zone; a Holding Residential R4/R5(h. R4-6/R5-7) Zone; an Open Space (OSI) Zone; and an Open Space (OS5) Zone.

1) Section 4.21 of the General Provision - Specific Roads Section of By-law No. Z.-1 is amended by adding the following streets hereto:

Street Limit of Rd Street From To Classification Allowance

Webster Street Kilally Road Highbury Ave. N. Secondary Collector 10.75 m (35.3 ft)

The inclusion in this By-law of imperial measure along with metric measure is for the purpose of convenience only and the metric measure governs in case of any discrepancy between the two measures.

This By-law shall come into force and be deemed to come into force in accordance with subsection 34(21) of the Planning Act, R.S.O. 1990, c. P.13, either upon the date of the passage of this by-law or as otherwise provided by the said subsection.

PASSED in Open Council on Insert date of Council meeting

Anne Marie DeCicco Mayor

24


39T-05605R-6897 A. MacLean

Kevin Bain City Clerk

First Reading - Insert date of Council meeting Second Reading - Insert date of Council meeting Third Reading - Insert date of Council meeting

25


File Number: Z-6897/39T-05505

Planner: AM

Date Prepared: 2006/02/07

Technician: CK

By-Law No: 2.4.

SUBJECT SITE vA SCALE 1:6500

100 0 100 Meters -

Agenda Item # Page # am 39T-05505lZ-6897

A. MacLean

APPENDIX 39T-05505-1 (Conditions to be included for draft plan approval)

THE CORPORATION OF THE CITY OF LONDON'S CONDITIONS AND AMENDMENTS TO FINAL APPROVAL FOR THE REGISTRATION OF THIS SUBDIVISION, FILE NUMBER 39T- 05505 ARE AS FOLLOWS:

NO. CONDITIONS

Standard

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

This draft approval applies to the draft plan submitted by Drewlo Holdings Inc., prepared by Development Engineering (London) Ltd., certified by Archibald Gray & McKay, File No. 39T-05505, drawing no. D2087 as redline amended which shows a total of seven low density residential blocks, six multi-family medium density residential blocks, one multi-family high density residential block, one open space block, one storm water management block , one park block, a road widening block and several reserve blocks, served by one secondary collector road and four local streets,

This approval of the draft plan applies for three years, and if final approval is not given by that date, the draft approval shall lapse, except in the case where an extension has been granted by the Approval Authority.

The road allowances included in this draft plan shall be shown on the face of the plan and dedicated as public highways.

The street@) shall be named to the satisfaction of the Manager of Subdivision and Special Projects. Street " A shall be named Webster Street.

The municipal address shall be assigned to the satisfaction of the Manager of Subdivision and Special Projects.

Prior to final approval, the Owner 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.

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

The Owner shall in an agreement 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.

The subdivision agreement between the Owner and the City of London shall be registered against the lands to which it applies.

The Owner shall grant to the appropriate authorities such easements as may be required for utility or drainage purposes.

The subdivision agreement between the Owner and the City of London may contain phasing arrangements to the satisfactory to the General Manager of Planning and Development and the City Engineer.

The Owner shall 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. Prior to the commencement of any

26

Agenda Item # Page # mI.;I 39T-05505/2-6897

A. MacLean

grading or alteration on site, the Owner shall enter into a site alteration agreement or a subdivision agreement and post the required security.

The Owner shall not commence construction or install of any services (eg. Clearing or servicing of land) involved with this plan prior to entering into a site alteration agreement or subdivision agreement and obtaining all necessary permits, approvals andlor 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; CitylMinistrylAgency permits: Approved Works, water connection, water-taking, navigable waterways; approvals: UTRCA, MNR, MOE, City; etc; etc.).

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 shall also address any contamination impacts that may be anticipated or experienced as a result of the said construction. Any recommendations outlined in the report shall be reviewed and approved by the City Engineer, included in the pertinent agreement(s) with the City of London prior to any work on the site. Should any remedial works be recommended in the report, the Owner shall complete these works to the satisfaction of the City, at no cost to the City. (EESD)

The Owner shall have its professional engineer determine the need for an Environmental Assessment under the Class EA requirements for the provision of any works andlor services related to this plan. The Owner shall ensure no construction involving installation of works andlor services requiring an Environmental Assessment is to commence prior to fulfilling the obligations and requirements of the Province of Ontario's Environmental Assessment Act. (EESD)

The City will purchase Block 16 (as redline amended and minus the area of the laneway to be dedicated to Drewlo Holdings) at a rate of $370,500 per hectare for park purposes. (Planning)

13.

14.

15.

16.

Sanitary Servicing

17. The Owner shall identify a utility corridor (conforming to City of London specifications for easements within open space - eg. 9.1 m minimum) for the trunk sanitary sewer through the open space to the eastern limits of the development. The utility corridor must be adequate for the maintenance, repair and replacement of the sanitary trunk sewer. This utility corridor is subject to the requirements of slope stability for the SWMF and the Thames River. For any portion of the corridor not within lands being conveyed to the City, the owner shall dedicate a multiple services easement acceptable to the General Manager of Planning and Development and the City Engineer.

The Owner shall complete an Environmental Assessment, if determined necessary by the General Manager of Planning and Development and the City Engineer, based on the location of the utility corridor or for any other reason that may trigger an Environmental Assessment, all at no cost to the City.

Prior to the submission of engineering drawings, the Owner shall be required to address any issues of potential high groundwater and its effect on the sanitary trunk sewer design and construction, eg. groundwater infiltration or sewage exfiltrationlcontamination in the groundwater table.

The Owner shall extend the sanitary trunk sewer to the eastern limit of the development. The construction of the sanitary trunk sewer must comply with all requirements of the City Engineer and the U.T.R.C.A.

18.

19.

20.

27

Agenda Item # Page # biki 39T-05505/2-6897

A. MacLean

21. The Owner's consulting engineer for the subject lands is required to address the following requirements prior to the submission of engineering drawings, and all to the specifications and satisfaction of the City Engineer:

a) identify the structural setbacks associated with the proposed location of the SWMF and the proposed alignment of the sanitary sewer;

b) provide more detail information related to the potential encroachment of the , proposed sanitary sewer alignment within the erosion and maintenance

setbacks; and

identify the method of construction to ensure that any potential groundlsubsurface water seepages will not create any adverse impacts on the required slope stability.

c)

Stormwater Management

22. The Owner shall make provisions to oversize the internal storm sewers in the subdivision plan to accommodate flows from upstream lands internal to this plan, all to the specifications of the City Engineer. (EESD)

The Owner shall construct all storm sewers, the SWM facility, storm outlet and all required maintenance access roads in conjunction with this plan; provide adequate land dedication to the City of the SWM facility to service this subdivision and the total identified catchment area in accordance with the accepted SWM facility design, and ensure that all storm sewers and the SWM facility are constructed and operational prior to any development taking place in this plan, all to the specifications of the City Engineer and at no cost to the City unless specified herein. (EESD)

Prior to any development taking place for the lots and blocks in this plan or as otherwise approved by the City Engineer, the Owner shall have his professional engineer submit the design of the stormldrainage and SWM system; ensure that all geotechnical issues including, but not limited to, (maintenance, erosion and structural) setbacks related to slope stability are adequately addressed for the subject lands to the satisfaction of the City Engineer and the MOE and at no cost to the City.

The Owner shall have his professional engineer submit a maintenance and operational programlprocedure for the SWM facility that is developed in accordance with the MOE Stormwater Management Planning and Design Manual to the satisfaction of the City. (EESD)

The Owner shall implement the requirements of the City concerning sedimentation and erosion control measures during all phases of construction; and have its professional engineer have these requirements identified in the Functional StormlDrainage and SWM servicing works report and ensure their implementations for the subject lands, all to the specifications and satisfaction of the City Engineer prior to any work on the site at no cost to the City unless specified herein. (EESD)

The owner agrees that Block 21 will be withheld from development until it has been confirmed by the City Engineer that Block 15 can accommodate the regional SWM facility. Any additional land required to accommodate the regional SWM facility will be provided from all or a portion of Block 21. (EESD)

23.

24.

25.

26.

27.

Water Services

28. The Owner shall be required to enter into a cost sharing arrangement with the City of London for the decommissioning of Highbury Well No. 2 to be done in accordance with

28


39T-05505/2-6897 A. MacLean

MOE requirements and the related Council resolution. All arrangements shall be to the satisfaction of the City Engineer.

The Owner may submit a claim against the City's Capital Works Budget (Water Engineering Division) for the reimbursement of the Capital Works Budget share of the cost of decommissioning Highbury Well No. 2 in the estimated amount of $20,000.00 upon completion of these works. The Owner acknowledges that, notwithstanding submission of such a claim or the assumption of the works by the City, the City is under no obligation or promise under the terms of this agreement, or otherwise, to reimburse the Owner. The amounts of any capital funding are subject to separate Council approval. Any amounts considered in this draft plan approval are to be viewed as general estimates only and not approved claims. Any or all claims may be refused at the full discretion of Council.

The Owner further acknowledges that City Council may consider inclusion of an item for reimbursement of its share in the Capital Works Budget for the year immediately following completion of construction, but the inclusion of such item shall not be taken to be an acknowledgement by the City of any obligation or promise by the City to make such reimbursement. With that intention, the cost of construction of the works shall be at all times, notwithstanding the assumption of the works by the City, at the sole expense and risk of the Owner."

The Owner shall decommission and permanently cap any abandoned wells (not owned by the City) located in this plan, in accordance with current Provincial legislation, regulations and standards. It is the responsibility of the Owner to determine if any abandoned wells exist in this plan. 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 responsibility for protecting the well and the underlying aquifer from any development activity.

The Owner shall connect the proposed watermains to serve this plan to the existing municipal 400 mm (16) diameter watermain on Highbury Ave. N., the existing municipal 200 mm (8) diameter watermain on Purser Street, the existing municipal 200 mm (8") diameter on Agathos Street and the proposed 300 mm (12) diameter on Kilally Road. (EESD)

The Owner shall extend the existing municipal 300 mm (12") water main on Kilally Road to the easterly property limit of this plan of subdivision. (EESD)

The Owner shall provide ''looping'' of the water main system constructed for this subdivision prior to 80 or more units being developed, all to the specifications of the City Engineer. (EESD)

29.

30.

31.

32.

Transportation

33. The Owner shall construct Street ' A at Highbury Ave. N. in alignment with Edgevalley Road and Street 'A at Kilally Road in alignment with Webster Street. (EESD)

34. The Owner shall align Street ' B at the westerly limit of the plan of subdivision with Agathos Street in plan of subdivision M-443 and Street 'E with Purser Street in plan c subdivision M-443. (EESD)

The Owner shall have a reference plan prepared and deposited by an Ontario Land Surveyor, satisfactory to the City Engineer and at no cost to the City, depicting the southerly extension of Street ' E in this plan, across lands outside this plan, and connecting to the northerly limit of Purser Street in Plan 33M-443. The City shall prepare and present a by-law to name this portion of Street "E".

35.

29

Agenda Item # Page # mbi 39T-0550512-6897

A. MacLean

The Owner shall construct a fully serviced road, to the specifications of the City Engineer and at no cost to the City, over Part- on Plan 33R-- for the extension of Street 'E' outside this Plan, from the southerly limit of Street 'E' in this plan to the northerly limit of Purser Street in Plan 33M-443.

The Owner shall construct a gateway treatment on Street 'A at the intersection of Kilally Road with a right-of-way width of 28 metres for a minimum length of 55 metres tapered back over a distance of 30 metres to the standard secondary collector road right-of-way width of 21.5 metres. A portion of the widened road will be claimable from the Urban Works Reserve Fund, consistent with the City's standard practice for paying claims where a secondary collector road is widened by 1.5 metres at an arterial road (or primary collector) for a distance of 45 metres with a 30 metre taper, to accommodate a turning lane. The costs of the gateway treatment, over and above the claimable portion, will be at the Owner's expense. (EESD)

The Owner shall construct a 1.5 metres ( 5 ) sidewalk on both sides of Street 'A; and on one side of the following streets:

i. Street 'B' - north boulevard ii. Street 'C' - outside boulevard iii. Street 'D' - outside boulevard iv. Street 'E' -west boulevard v. Kilally Road -along entire frontage and extend this sidewalk, subject to

availability of sufficient right-of-way, westerly to the existing sidewalk; and,

vi. Highbury Ave. N. -along entire frontage and extend this sidewalk, subject to the availability of sufficient right-of-way, southerly to Kilally Road. (EESD)

The Owner shall dedicate sufficient land to widen Highbury Ave. N. and Kilally Road to 18.0 metres (59.06) from the centerline of the original road allowance. (EESD)

The Owner shall dedicate 6.0 m x 6.0 m "daylighting triangles" at the intersection of Street 'A with Highbury Avenue and Street 'A with Kilally Road in accordance with the 2-1 Zoning By-law, Section 4.24. (EESD)

The owner shall provide the following traffic calming measures: construct curb extensions along the east side of Street 'A with the parking bay removed for utilities (fire hydrants) and for transit stop locations as defined by the London Transit Commission and provide reduced curb radii (5.0 metre) on the inbound approach to all local roads intersecting Street 'A, all subject to the approval of the Transportation Planning & Design Division and designed and constructed to the satisfaction of the City Engineer. (EESD)

The Owner in consultation with the LTC, shall indicate on the approved engineering drawings the possible 'Future Transit Stop Areas". The Owner shall install signage as the streets are constructed, indicating "Possible Future Transit Stop Area" in the approximate stop locations. The exact stop locations shall be field located as the adjacent sites are built, at which time the developer shall install a 1.5 metre wide concrete pad between the curb and the boulevard at the finalized stop locations. (EESD)

The Owner shall modify existing pavement markings to provide left turn channelization on Highbury Avenue at Street 'A, with sufficient storage, parallel and taper to accommodate the traffic demand anticipated as a result of full build out of this plan of subdivision and the North Kilally Planning Area. If the existing roadway is insufficient to accommodate this left turn lane, additional road work will be required. (EESD)

The Owner shall install traffic signals at the intersection of Highbury Avenue at Street 'A and at the intersection of Kilally Road at Street 'A when determined warranted by the City Engineer. (EESD)

30

36.

37.

38.

39.

40.

41.

42.

43.

44.


39T-05505/2-6897 A. Maclean

45.

46.

47.

48.

49.

The Owner shall construct a left turn lane on Kilally Road at Street 'A with sufficient storage and taper to accommodate the traffic demand anticipated as a result of the full build out of this plan of subdivision and the North Kilally Planning Area. The costs incurred for providing the pavement markings, left turn lane and traffic signals will be claimable from the Urban Works Reserve Fund in accordance with By-law No. C.P.-

The Owner will be required to make minor boulevard improvements on Highbury Ave. N. and Kilally 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. (EESD)

The owner is required to provide for 0.3 m (1') reserve blocks at the following locations:

1440-167. (EESD)

a. along Blocks 1 and 2 on Kilally Road (Blocks 19 and 20 as shown on the plan) b. along Blocks 12,13 and 14 on Highbury Avenue North c. Street 'B' -east limit

The Owner shall verify the adequacy of the decision sight distance on Kilally Road at Street 'A. If the sight lines are not adequate, this street is to be relocated andlor road work undertaken to establish adequate decision sight distance at the intersection.

The Owner shall direct all construction traffic associated with this draft plan of subdivision to utilize Kilally Road or other routes as designated by the City Engineer.

Planning

50. In order to address the issue of on-street parking within small lot developments, the Owner shall as part of the submission for engineering drawings design an on-street parking plan for Streets "c" and Street " D , whereby one on street parking space for each two dwelling units is to be used as the basis for the design, to the satisfaction of the General Manager of Planning and Development. The approved parking plan required for each registered phase of development and will form part of the subdivision agreement for the registered plan. The Owner shall install parking restrictions on one side of any street that requires an on-street parking plan, as identified by the General Manager of Planning & Development, to the specifications and satisfaction of the City Engineer. For the benefit of new and future homeowners, the Owner shall register on title to each affected lot the parking restrictions on Street "C" and Street "D". (Planning)

The Owner shall construct the driveways for each lot in compliance with Zoning Bylaw Z- 1 and the approved on street parking plan for this subdivision. To ensure that the parking plan has been adhered to the owner shall install barrier curbs on the affected streets or as an alternative have their consulting engineer/surveyor certify for each lot /block to the Satisfaction of the General Manager of Planning and Development that the location and width of the as built driveways complies with Zoning By-law Z.-1 and the approved parking plan prior to assumption of the subdivision by the City.

The Owner shall make the necessary arrangements with adjacent property Owners, or make modifications to the draft plan of subdivision, to provide a secondary access to this subdivision should the plan be registered in phases, if required, all to the satisfaction of the General Manager of Planning and Development. (Planning)

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. (Planning)

The Owner shall obtain approval from the London Fire Department prior to any burning of materials on-site be contemplated. (Planning)

51.

52.

53.

54.

31


mbi 39T-05505/2-6897

A. MacLean

55.

56.

57.

58.

59.

60.

The Owner agrees that prior to an application for site plan approval and the execution of a development agreement for Blocks 1, 2, 12, and 13 to submit a noise study, prepared by a qualified acoustical consultant, concerning the impact of traffic noise from the adjacent arterial roads and to apply alternative site design and noise abatement measures that do not include a noise attenuation wall. Such measures shall be in accordance with the requirements of the City of London Noise Policies contained in the Official Plan. The final accepted recommendations shall be incorporated into the development agreement with the City of London for these blocks. (Planning)

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 of residential units that students may be accommodated in temporary facilities andlor bused outside the neighbourhood for their education. (Planning)

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". (Planning)

For residential blocks proposed for street townhouse dwellings, the Owner shall as part of the registration of the plan make the necessary legal arrangements to establish a minimum of a one (1.0) metre rear yard maintenance easement where the units to be built do not provide direct access to the rear yard from the garage for "internal unit" (not "end unit") Owners. (Planning)

That prior to the submission of engineering drawings, the owner shall submit a plan acceptable to the Manager of Subdivisions and Special Projects confirming the lotting pattern within Blocks 3 to 8 both inclusive (as applicable), which shall be consistent with the approved zoning for these blocks and provide for a variety of lots sizes in keeping with the City's Small Lot Guidelines. Lots fronting on designated collector roads shall have a minimum frontage of 11 metres. This lotting pattern shall be reflected on the submitted engineering plans and the final plan submitted for approval and registration. (Planning)

The owner shall prior to final approval, adjust the boundary of the plan to be registered to include a portion of the public lane into this subdivision. (EESD, Planning)

Parks Planning and Design

61. The Owner shall prepare and deliver to all homeowners an education package which explains the stewardship of natural area, the value of existing tree cover and the protection and utilization of the grading and drainage pattern on these lots. The educational package shall be prepared to the satisfaction of Manager of Parks Planning and Design. (Planning)

All lots adjacent to open space areas to be assumed by the City will be fenced with a 1.5 metre chain link fence with no gates. Any other fencing arrangements shall be to the satisfaction of the Manager of Parks Planning and Design. (Planning)

The Owner shall not grade into any open space area. Where lots or blocks abut an open space area, all grading of the developing lots or blocks at the interface with the open space areas are to match grades to maintain exiting slopes, topography and vegetation. In instances where this is not practical or desirable, any grading into the open space shall be to the satisfaction of the Manager of Parks Planning and Design. (Planning)

62.

63.

32

Agenda Item # Page # mFi 39~-055a~iz-6897

A. MacLean

Prior to construction, site alteration or installation of services, robust silt fencinglerosion control measures must be installed and certified with site inspection reports submitted to the Parks Planning and Design Division monthly during development activity along the edge of the Kilally Forest ESA. (Planning)

No sewers are to be constructed on easements or on lands designated for future use as a park or open space without the necessary approvals from the City Engineer and the Manager of Parks Planning and Design. (Planning)

That within one year of registration of the plan containing park block 16, the owner shall service, grade and seed the park to the satisfaction of the Manager of Parks Planning and Development. (Planning)

The owner shall dedicate Block 14 to the City of London at no cost.

Prior to the submission of engineering drawings for the storm water management facility, a Final Environmental Impact Study (EIS) shall be submitted by the owner to the satisfaction of the UTRCA and Parks Planning and Design which consolidates the information received to date and provides additional information to ensure that the proposed SWM outlet location does not disrupt the Species at Risk in this vicinity. The SWM plans shall incorporate the results of the Final EIS, as approved by the Manager of Parks Planning and Design. Also, the owner will require a permit from the UTRCA for the construction of the storm water management outlet. (Parks Planning, UTRCA)

Prior to submission of engineering drawings for the storm water management facility, a Final Stormwater Management Report which incorporates the revisions to the geotechnical report and/or revisions to the EIS must be submitted to the satisfaction of the City Engineer and the Manager of Parks Planning and Design. (EESD, Parks Planning)

As part of the submission for engineering drawings the required SWM maintenance access pathways shall be incorporated with the Thames Valley Parkway recreational pathway system. The design of these pathways shall be completed to the satisfaction of EESD and Parks Planning and Design. (EESD, Parks Planning)

The owner shall include a portion of the laneway adjacent to the southerly limit of this plan within this draft plan. In exchange for this laneway, an equal amount of parkland will be dedicated to the City from Block 16. (Planning) The owner shall have the Kilally Forest ESA boundary field surveyed and provided to the City in digital form to the satisfaction of the Manager of Parks Planning and Design. This ESA boundary delineation shall be shown on all engineering drawings.

64.

65.

66.

67.

68.

69.

70.

71.

72.

33


~~~~

39T-05505/2-6897 A. MacLean

Appendix 39T-05505-2 (Requirements to be included in the subdivision agreement)

A. SEWERS & WATERMAINS

Sanitarv:

The Owner shall connect the proposed sanitary sewers to serve this plan to a municipal sewer system, namely, the existing 1050 mm (42) Kilally Trunk Sanitary Sewer located on Edgevalley Road at Highbury Avenue North at the west limit of this plan.

The Owner agrees this proposed subdivision is located in the Adelaide Pollution Control Plant sewerage shed, and that registration of the plan and subsequent development is subject to the availability of sewage treatment capacity at that treatment plant for this subdivision.

The Owner acknowledges that, if treatment capacity is available at the said treatment plant at the time the subdivision agreement is prepared, then capacity for this subdivision will be reserved at that time by the City Engineer on the condition that registration of the subdivision agreement and the plan of subdivision occur within one (1) year of the date specified in the subdivision agreement.

Failure to register the plan within the specified time may result in the Owner forfeiting the allotted treatment capacity and, also, the loss of his right to connect into the outlet sanitary sewer, as determined by the City Engineer. In the event of the capacity being forfeited, the Owner must reapply to the City to have reserved sewage treatment capacity reassigned to the subdivision.

The Owner shall have his professional engineer demonstrate a suitable routing for the proposed sanitary trunk sewer extension east of Highbury Avenue. The sanitary routing shall not interfere with the proposed SWM facilities or the existing City wells (ie. Well No. 2).

The Owner shall make any provisions necessary for oversizing of internal sanitary sewers in the subdivision plan to accommodate flows from upstream lands external to this plan, all to the specifications of the City Engineer.

The Owner agrees all sanitary sewers in this plan will be required to adhere to provisions outlined in the Kilally South Area Plan12003 and conform to the requirements of the "Master Sanitary Servicing Plan Update - 2003 (ie. the Servicing Concept Figures/Schernes).

The Owner shall submit a Master Sanitary Drainage Area Plan to Wastewater 8, Drainage Engineering Division for acceptance as part of the subdivision servicing approval in regards to the overall sanitary servicing design for the Kilally South Area and this subdivision.

Storm and Stormwater Management:

The Owner acknowledges that this plan is located within the North Thames Subwatershed and the proposed storm/drainage system for a large majority of the subdivision lands will be outletting into the main channel of the North Branch of the Thames River via the proposed Stormwater Management (SWM) Facility, and a remaining portion of these lands, of approximately 5 hectares, located at the northwest portion of the subject lands will be served by existing municipal storm sewers as identified on the servicing drawings for 33M-443 subdivision

34

Agenda Item # Page # mbi 39T-0550512-6897

A. MacLean

plan, all t the specifications and satisfaction of the City Engineer.

The Owner shall engage a Professional Engineer to evaluate and advise on the following stormldrainage and SWM servicing options for this estimated 5 hectare portion, which is neither directly tributary to the proposed SWM Facility, nor has been included in the identified servicing area for this facility:

i)

b)

The Owner may choose to design and construct the required SWM works for the above-noted approximate 5 hectares, or provide a cost contribution in lieu of construction of these works for the interim period until the time permanent water resources management works be constructed for this subcatchment area, all to the specifications and satisfaction of the City Engineer: and

The Owner's Professional Engineer will be required to evaluate the completed Municipal Class Environmental Assessment (EA) for the area to determine if and how these lands could become tributary to the proposed regional Stormwater Management Facility (SWMF) associated with this portion of the subject lands, all to the specifications and satisfaction of the City Engineer.

ii)

c) The Owner shall make any provisions necessary for oversizing of internal storm sewers in the subdivision plan to accommodate flows from upstream lands internal to this plan, all to the specifications of the City Engineer.

The Owner agrees that any affected storm/drainage services and SWM facility to be constructed in conjunction with this plan will be in compliance with the following:

i)

ii)

iii)

iv)

d)

the approved Functional StormlDrainage and SWM servicing works report for the subject lands; the accepted Kilally South Municipal Class EA (Schedule B) for Storm/Drainage and SWM Servicing Works; The SWM criteria and environment targets of the adopted North Thames Subwatersed Study; The Ministry of the Environment's SWM Practices Planning and Design Manual and all applicable Acts, policies, guidelines, standards and requirements of the City and the applicable SWM agencies, including the MOE and the UTRCA, all to the satisfaction of the City Engineer.

The Owner shall promote the implementation of stormwater management (SWM) soft measure Best Management Practices (BMP's) within this plan, where possible, to the satisfaction of the City Engineer. The acceptance of these measures by the City will be subject to the presence of adequate geotechnical conditions within this plan and the approval of the City Engineer.

The Owner shall have it's professional engineer identify the major storm flow routes for the subject catchment area.

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

e)

0

g)

h) The Owner shall:

i) construct all storm sewers, the SWM facility, storm outlet and all required

35

Agenda Item # Page # I.h.H 39T-05505/2-6897

A. MacLean

maintenance access roads in conjunction with this plan to the specifications and satisfaction of the City Engineer and at no cost to the City unless specified herein;

provide adequate land dedication to the City of the SWM facility to service this subdivision and the total identified catchment area in accordance with the accepted SWM facility design, all to the specifications and satisfaction of the City Engineer and at no cost to the City unless specified herein; and

ensure that all storm sewers and the SWM facility are constructed and operational prior to any development taking place in this plan, to the specifications of the City Engineer and at no cost to the City unless specified herein.

ii)

iii)

As part of the submission of engineering drawings or as otherwise approved by the City Engineer, the Owner shall ensure that it's professional engineer will comply with the following requirements for SWM requirements for this plan:

i)

i) submit the design of the storm/drainage and SWM system to the specifications and satisfaction of the City Engineer and the MOE at no cost to the City unless specified herein;

ensure that all geotechnical issues including, but not limited to, (maintenance, erosion and structural) setbacks related to slope stability are adequately addressed for the subject lands, all to the specifications and satisfaction of the City Engineer and the UTRCA, at no cost to the City unless specified herein;

undertake full decommissioning of the existing municipal water well that is located in the close proximity to the proposed SWMF and meet all legislativellegal requirements in this regard, all to the specifications and satisfaction of the City Engineer and the MOE and at no cost to the City.

submit a maintenance and operational programlprocedure for the SWM facility that is developed in accordance with the MOE Stormwater Management Planning and Design Manual to the satisfaction of the City, that shall include but not be limited to, the following:

ii)

iii)

iv)

- a work program manual for the operation and maintenance of this

proposed maintenance protocol related to removal of the

system, sediment accumulation monitoring, and

projected sediment accumulations. -

1) Following,the construction of the SWM facility and until the SWM facility is assumed by the City as required herein, the Owner shall in the subdivision agreement agree to complete the following, to the satisfaction of the City Engineer, and at no cost to the City:

i) operate, maintain and monitor the SWM facility in accordance with the approved maintenance and monitoring program: and

ii) have its professional engineer submit semi-annual monitoring reports to the City Engineer and the MOE for review and approval in order to demonstrate that the SWM facility performs in accordance with the approved design criteria. The reports are to provide test results of the volume and nature of the sediment t accumulating in the facility in order to determine whether contamination is present and, if necessary, disposal options. The timing of submission of the

36

Agenda Item # Page # ma 39T-05505/2-6897

A. MacLean

monitoring report is to be in accordance with the City’s “Monitoring and Operational Procedure for Stormwater Management Facilities” guidelines.

3. Water Mains:

a) The Owner shall obtain ail necessary approvals from the City Engineer for individual servicing of blocks in this subdivision, prior to the installation of any water services for the blocks.

The Owner shall prior to the submission of engineering drawings have a professional engineer provide a water servicing report which addresses the following:

i) identify external water servicing requirements; ii) confirm capacity requirements are met; iii) identify need for the construction of external works; iv) identify the effect of development on existing water

infrastructurelidentify potential conflicts; v) water system area plan(s); vi) water network analysis/hydrauiic calculations for subdivision

report; vii) phasing report; viii) oversizing of water mainhost sharing agreements.

b)

c) The Owner shall decommission Highbury Well No. 2 in accordance with all applicable regulations.

4. General:

a) The Owner shall connect the sewers and water mains to be constructed in this subdivision to the existing outlets and watermain(s) to the specifications of the City Engineer.

The Owner shall 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.

The Owner agrees that once construction of any private services, 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.

Where street townhouses are planned for any sites in this subdivision, the Owner shall make provisions for the installation of separate sanitary private drain connections and water services, all connecting to municipal sewers or water mains, for each individual street townhouse unit, and for adequate storm private drain connections, all as specified by the City Engineer and in accordance with applicable City standards.

The Owner agrees that no weeping tile connections will be permitted into the sanitary sewers within this plan.

b)

c)

d)

e)

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39T-05505/2-6897 A. MacLean

6. STREETS, TRANSPORTATION 81 SURVEYS

1. Roadwav Alignments and Geometries:

a) 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 i) 20 m ~I

ii) 19 m iii) 18 m

S/L Radius 9.0 m 9.5 m

10.0 m

b) 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.

At all through intersections, the alignment of opposing streets is to be determined based on the centerlines of the street aligning through their intersections thereby having these streets centered with each other, unless otherwise specified herein.

c)

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.”

Road Widths:

Street ‘ A is to have a minimum road pavement width (excluding gutters) of 9.5 metres (31.2’) with a minimum road allowance of 21.5 metres (70’).

Street ‘ B and Street ‘E are to have a minimum road pavement width (excluding gutters of 8.0 metres (26.2’) with a minimum road allowance of 20 metres (66).

Street ‘C’ and Street ‘D’ are to have a minimum road pavement width (excluding gutters) of 7.0 metres (23’) with a minimum road allowance of 19 metres (62).

Street ‘ A from Highbury Avenue to 45 metres (150) east is to have a minimum road pavement width (excluding gutters) of 11 .O metres (36.1’) with a minimum road allowance of 22.5 metres (75’). The widened road on Street ‘A is to be equally aligned from the centerline of the road and tapered back to the 9.5 metres (31.2’) of road pavement width (excluding gutters) and 21.5 metres (70’) of road allowance width for this street with 30 metre (100) long tapers on both street lines.

The costs incurred for providing the additional pavement widening will be claimable from the Urban Works Reserve Fund in accordance with By-law No. C.P.-1440-167.

4. Sidewalks:

a) The costs incurred for providing the sidewalks on Highbury Avenue and Kilally Road will be claimable from the Urban Works Reserve Fund in accordance with By-law No. C.P.-1440-167.

The Owner shall construct any of the sidewalks required as outlined in these b)

38

39T-05505E-6897 A. MacLean

conditions within a time-lframe as directed by the City Engineer, upon determination by the Citk Engineer that these sidewalks are needed.

be constructed to the if necessary, in

accordance with City and standards.

5. Vehicular Access:

The Owner agrees and 14 from

'B'.

access will be permitted to Blocks 12, 13 1 and 2 from Kilally Road. All

street, Street 'A' or Street

6. Traffic Calminq:

of the road network traffic calming measures

required along the

However, in lieu of a Transportation condition of calming measures:

road network to discourage through traffic and excessive vehicle

plan submitted by the Owner, the would be prepared to accept as a

i) curb extensions i removed for utilitl defined by the Lc

ii) reduced curb rad intersecting Stref

The traffic calming meas approval of the Transpor designed and construct€

7. Construction Access:

a) The Owner agrees that, General Manager of Pla requirement will be subji technical aspects, incluc adequacy of road geomc

8. Street Liqhtinx

The Owner will be requir easterly limit of the plan upgrade street lighting a DrivelStreet 'A' to the sa installed at this location specifications of the Cit)

The costs incurred for pi Urban Works Reserve F

9. General:

ong the east side of Street 'A' with the parking bay !s (fire hydrants) and for transit stop locations as idon Transit Commission.

(5.0 metre) on the inbound approach to all local roads 'A'.

ires selected for these locations are subject to the ation Planning & Design Division and are to be 1 to the satisfaction of the City Engineer.

i the event that an emergency access is required by the ning and Development for this subdivision, this ct to satisfying the City Engineer with respect to all ng adequacy of site lines, provision of channelization, tries and structural design etc.

?d to install street lighting along Kilally Road from the if subdivision to Highbury Avenue and the Owner shall the intersection of Highbury Ave. N. and Edge Valley isfaction of the City Engineer when/if traffic signals are s determined to be warranted by and to the Engineer.

ividing the street lighting will be claimable from the ind in accordance with By-law No. C.P.-1440-167.

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MFl 39T-05505/2-6897

A. MacLean

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

The Owner shall establish and maintain a Traffic Management Plan (TMP). when directed by the City, in conformance with City guidelines and to the satisfaction of the City Engineer for any construction activity that will occur on existing public roadways needed to provide services for this plan of subdivision. The TMP is a construction scheduling tool intended to harmonize a construction project's physical requirements with the operational requirements of the City of London, the transportation needs of road users and access concerns of area property owners. The Owner's contractor(s) shall undertake the work within the prescribed operational constraints of the TMP. The TMP will be submitted and become a requirement of the subdivision servicing drawings for this plan of subdivision.

The Owner shall identify how those lands identified in this plan of subdivision with a medium density land use permitting low density residential development can be served through the internal road network to prevent the creation of local road intersections along the arterial road network should these lands be developed with low density residential development.

The Owner shall construct Street ' A to secondary collector road standards to the satisfaction of the City Engineer.

The Owner shall install parking restriytions on one side of any street that requires an on-street parking plan, as identified by the General Manager of Planning & Development, to the specifications and satisfaction of the City Engineer. The Owner shall also notify the homeowners in writing of this parking restriction prior to applying for a building permit, save and except model homes and conditional permits.

b)

c)

d)

e)

C. GENERAL CONDITIONS

1. The Owner shall have the common property line of Highbury Avenue North and Kilally 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 Highbury Avenue North and Kilally 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.

The Owner shall implement the requirements of the City of London concerning sedimentation and erosion control measures during all phases of construction. The subdivider's professional engineer shall have these requirements established and approved by the City Engineer prior to any work on the site.

a)

2.

3. The Owner shall 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 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;

40


bib] 39T-0550512-6897

A. MacLean

b) The Owner shall 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 andlor facilities, to which the subdivider 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)

ii)

commence upon completion of the subdivider's service work connections to the existing unassumed services: and continue until the time of assumption of the affected services by the City.

4. With respect to any services andlor facilities constructed in conjunction with this plan, the Owner shall permit the connection into and use of the subject services andlor 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 andlor monitoring costs of any affected unassumed services andlor facilities.

The Owner shall construct all municipal services 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 Owner, 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.

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 Engineer/Chief Building Official immediately, and if required by the City EngineerKhief 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 EngineerKhief 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 Engineer/Chief Building Official shall be implemented and carried out under the supervision of the professional engineer, to the satisfaction of the City EngineerIChief 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 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 Owner shall 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 shall 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.

5.

6.

7.

41


A. MacLean

a.

9.

10.

11.

12.

13.

14.

15.

16.

The Owner agrees that noise attenuation measures will be implemented in this plan, all in accordance with the By-law C.P.-1284(ii)-59 dated March 7, 2005.

The Owner will be required to install standard barricadedwarning signs at the limits of dead end streets within this plan to the specifications of 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 shall 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 comply with the City's tree planting policy with respect to provisions of trees for this subdivision.

The Owner agrees that 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 City in writing; (eg . MOE Certificates; CitylMinistrylGovernment permits: Approved Works, water connection, water-taking, crown Land, navigable waterways; approvals: UTRCA, MNR, MOE, City; etc.)

a) It is recognized that the blocks in this plan may be further subdivided by means of lifting Part Lot Control. Further, prior to assumption of each street in the subdivision, all services, including pdc's and water services, must be constructed in accordance with the final approved servicing plans.

Prior to the issuance of a Certificate of Conditional Approval for each block or part of each block in this plan, the Owner will be required to satisfy all conditions for lifting of Part Lot Control imposed by the City.

The Owner agrees that, at the time a decision is made on the type of housing units to be constructed on the blocks in this subdivision, the Owner's engineer will be required to submit revised servicing drawings, including lot grading plans, to the Engineering and Environmental Services Department for approval of the final lot layout and details of private sewer and water services, and other related works, as necessary. The Owner will be required to adhere to all current lot grading and servicing standards of the City, as specified by the City Engineer, for all servicing plans approved for this subdivision.

The Owner will be required to provide an initial conceptual lot grading plan, showing the grading scheme for this subdivision, to the City Engineer for approval and inclusion in the subdivision agreement.

b)

c)

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 andlor conditions covering the plan, or otherwise (ie. subdivider initiated), prior to final approval being issued.

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.

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39T-05505/2-6897 A. MacLean

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

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