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A. MacLean

CHAIR AND MEMBERS -PLANNING COMMITTEE MEETING ON JULY 17,2006

11 FROM: I R. w. PANZER II .. - . . . . .. - GENERAL MANAGER OF PLANNING AND DEVELOPMENT

REQUEST FOR EXTENSION OF DRAFT APPROVAL SUBJECT:

1128 FANSHAWE PARK RD WEST DRAFT APPROVED PLAN 39T-02509

DREWLO HOLDINGS INC.

P RECOMMENDATION

That, on the recommendation of the General Manager of Planning and Development, the following action be taken with respect to the request from Drewlo Holdings Inc. for the property located at 1128 Fanshawe Park Road West;

a) the Approval Authority BE REQUESTED to approve the request for a 3 year extension of the draft plan of subdivision approval for the plan submitted by Drewlo Holdings Inc. (File No. 39T-02509), prepared by Whitney Engineering Inc. (Drawing No. draftplanM3.DWG, dated March 11, 2002 and revised April 2003) and certified by Bruce Baker, O.L.S., as red-line amended, which shows a total of 26 single detached residential blocks, five (5) multi-family residential blocks, one (1) walkway blocks, one (1) school block, one (1) park block, one (1) open space block and several reserve blocks served by a westerly extension of Blackacres Boulevard and five new internal roads SUBJECT TO the conditions contained in the attached Amended Appendix "39T-02509-1"; and

b) the Draft Approval of the residential plan of subdivision as submitted by Drewlo Holdings Inc. (File No. 39T-02509 BE EXTENDED, SUBJECT TO the City's additional municipal requirements contained in the attached Appendix "39T-02509-2A)

PREVIOUS REPORTS PERTINENT TO THIS MATTER

39T-02509 Draft Approval recommendation to Planning Committee - May 2003

BACKGROUND

This extension of draft approval request for three years is being considered by Council, consistent with the Council's delegation By-law (CP-13) for plan of subdivision approval

The Hyde Park Meadows subdivision is comprised of a 4lhectare (101 ac.) property located at 1128 Panshawe Park Rd. West, east of Hyde Park Road. The application for Draft Plan of Subdivision Approval was accepted on June 25, 2002 and approved by the Approval Authority on July 31, 2003. There were no appeals to the draft plan. Given the overall size of the draft approved subdivision (40.5 hectares/l 00 acres), the applicant is requesting a three year extension to the draft approval to allow for sufficient time to develop these lands.

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LOCATION MAP Subject Site: 1'128 Fanshawe Park Rd W

Applicant: Drewlo Holdings Inc.

Roll Number: Doug Stanlake

File Number: 39T-02509 Date: 7/10/2006

Scah N 10000

Planner: Allister MacLean

Created By:

CORPORATION OF THE CITY OF LONDON Prepared By: PD ,.Planning

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LEGEND U S u b j e c t Site Buildings

Water

a Draft Approved Parcels a - Submitted Parcels

Park

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The Owner shall connect the proposed watermains to serve this plan to a municipal water system, namely, to the existing municipal 300 mrn (12") diameter watermain on Blackacres Boulevard, to the existing municipal 250 mm ( I O ) diameter watermain on Jubilee Drive and to the existing municipal 300 mm (12") diameter watermain on Dalmagarry Road.

Prior to applying for the 81'' building permit, the Owner shall have its professional engineer deliver confirmation that the watermain system has been looped to the satisfaction of the City Engineer.

The Owner shall have its 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@); vi) water network analysislhydraulic calculations for subdivision report; vii) phasing report viii) oversizing of watermainlcost sharing agreements.

The Owner shall connect the sewers and watermains to be constructed in this subdivision to the existing outlets and watermains to the specifications of the City Engineer.

The Owner agrees 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. Further, the Owner agrees that any proposed widening of the pavement and the road allowance will be to the satisfaction of the City Engineer.

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

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 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.

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Through the Liaison process, EESD have advised of the following impact on the Reserve Funds and Budget.

IMPACT OF PROJECT ON RESERVE FUNDS AND BUDGET

NOTE:

1) ESTIMATES ARE CALCULATED USING CURRENT RATES AND THE INFORMATION IS REPORTED ALL 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.-1440-167ANDAS APPROVED BY THE CITY ENGINEER.

2) ESTIMATES 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 C I N

OF LONDON. ACTUAL CLAIMS WILL BE DETERMINED IN CONJUNCTION W4TH THE SUBDIVISION AGREEMENT

AND THE BY-LAWS, ACTUAL REVENUES ARE DETERMINED IN CONJUNCTION WITH BUILDING PERMITS AND

THE BY-LAWS AT THAT TIME.

3) THE OWNER SHOULD TAKE NOTE THAT THERE IS CURRENTLY A DELAY IN PAYMENT OF CLAIMS FROM THE

URBAN WORKS RESERVE FUND THERE IS POTENTIAL FOR SIGNIFICANT DELAYS IN PAYMENT ON UWRF

CLAIMS AT THIS TIME.

Chanqes to Conditions of Draft Approval

EESD have also requested that the following amendments to the conditions draft approval be considered prior to granting the requested extension:

Remove Condition 31. regarding upgrades to the area water system.

Add the following additional conditions:

1. The Owner shall connect the proposed sanitary sewer to serve this plan to a municipal sanitary sewer system, namely, to the existing municipal 375 mm (15”) diameter sanitary sewer on Dalmagarry Road.

The Owner shall be advised that the existing ‘h’ holding provision should be retained on the subject lands due to the lack of available sewage treatment plant capacity at the Oxford Pollution Control Plant. It is noted that this holding provision may be lifted when the Oxford Pollution Control Plan expansion is currently underway.

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Urban Works Reserve Fund

The Owner may submit claims against the Urban Works Reserve Fund in accordance with By-law No. C.P.-1440-167, as follows and the City will determine if these claims are eligible:

1) storm sewers ii) sanitary sewers iii) traffic signals on Fanshawe Park Road West at Street 'A iv) a portion of the widening (1.5 metres) on Street 'A at Fanshawe Park Road West

All claimable external works shall be identified as separate tender schedules listing items, quantities, plan locations of quantities (chainage "from Station to Station") and unit costs within larger construction contracts.

Should this plan be developed in phases and any temporary measures be required, these temporary measures be required, these temporary measures shall be constructed to the specifications and satisfaction of the City Engineer, at no cost to the City.

Planning staff have reviewed these conditions and recommend that the above items 1 and 3-5 be included as additional conditions of Draft Approval; and that items 2, 6 and 8-13 be appended to the original municipal requirements 39T-02517-2.

With respect to item 7, there is no Council policy which requires that there be a corresponding increase in right-of-way width when pavement widths are increased to accommodate on street parking. The necessity for additional street width to accommodate on street parking will be addressed at the time the lotting plan is submitted for review and approval.

The following revisions to Parks Planning conditions of draft approval are also recommended:

Revise Condition 19 to read:

The owner shall grade, clear, seed and service as necessary blocks 34 and 35 to the satisfaction of the Manager of Parks Planning and Design within 1 year of registration of the plan.

Delete Condition 21 and replace with:

The Owner shall construct a 1.5m high chain link fencing without gates in accordance with current City standards or approved alternate, along all residential lots and blocks adjacent to existing and future City owned park and open space lands. Fencing shall be completed to the satisfaction of the Manager of Parks Planning and Design, within 1 year of the registration of the plan.

Attached is a copy of the proposed Conditions of Draft Approval, Appendix 39T-02509-1 and proposed amendments to the municipal requirements (39T-02509-2A).

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'REPARED BY:

39T-02509 DRAFT APPROVAL EXTENSION/ A. MacLean

SUBMITTED BY:

R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT

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June 22,2006 AMlani "Attach." Y \Shared\SUE&SPEC\SUBDI\AZ002\39T-02509 Drewlo Holdings Inc-Hyde PMDrafl Approval Extenslon\Drafl Approval Extension R e w t doc

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-. - - _ _ Reduced, redlined draft approved plan:

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APPENDIX “39T-025094”

(Deleted Conditions .S&he&)

THE CORPORATION OF THE CITY OF LONDON’S CONDITIONS AND AMENDMENTS TO FINAL APPROVAL FOR THE REGISTRATION OF THIS SIJBDIVISION. FILE NUMBER 39T- 02509 ARE AS FOLLOWS:

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That this approval applies to the Revised draft plan of subdivision, as submitted by Drewlo Holdings Inc. (File No. 39T-02509), prepared by Whitney Engineering Inc. (Drawing No. draftplan-3.DWG, dated March 11, 2002 and revised April 2003) and certified by Bruce Baker, O.L.S., as red-line amended, which shows a total of 26 single detached residential blocks, five (5) multi-family residential blocks, one (1) walkway blocks, one (1) school block, one (1) park block, one (1) open space block and several reserve blocks served by a westerly extension of Blackacres Boulevard and five new internal roads.

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

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

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

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

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

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

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

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

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

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

The owner agrees to implement the requirements of the City of London concerning

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

The owner agrees that 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 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; City/Ministry/Agency permits: Approved Works, water connection, water-taking, navigable waterways; approvals: UTRCA, MNR, MOE, City; etc; etc.)

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

Prior to final approval, 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.

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

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

That the owner convey Blocks 34 and 35 in this plan to the City in fulfillment of the 5% parkland dedication requirement for this subdivision.

t the owner agrees to grade, clear and seed and service as necessary to

That prior to final approval, the owner will reach an agreement with the City and/or owner of lands to the south (SouthsideNValloy), which provides for the conveyance of the Open Space (woodland) Block 326 in plan 39T-00523 to the City (in partial satisfaction of the 5% parkland dedication requirement for this subdivision) at no cost to the City.

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That the owner agrees to implement the recommendations and findings in the Vegetation Assessment Report for this subdivision (BioLogic, May 2002) to the satisfaction of the General Manager of Planning and Development.

The owner agrees that prior to final approval, or any site alteration activity on Blocks 11, 33 (school) and 35 (active park), a detailed tree preservation report will be prepared by a qualified forester and submitted (together with associated grading plans) to the General Manager of Planning and Development for review and acceptance.

That the owner agrees that Block 33 shall be set aside as a school site and agrees to hold the Block for purchase by the school board for a reasonable length of time.

Subject to prior review and acceptance of a detailed tree preservation report by the Manager of Parks Planning and Design, the owner agrees, on notice from the Thames Valley District School Board (TVDSB) of intent to purchase Block 33 as a school site to, to cut trees and clear the site consistent with the approved detailed tree preservation report and to grade Block 33 in a manner that is suitable for use as a school site and to the satisfaction of the TVDSB and the City Engineer.

The subdivider agrees that approval from the London Fire Department must be obtained should any burning of materials on site be contemplated.

That the owner agrees to comply with the requirements of the London Transit Commission with respect to the location of and installation of transit stops.

The subdivider agrees that registration of the plan and subsequent development is subject to the availability of sewage treatment capacity at the Oxford Pollution Control Treatment Plant.

That the subdivider agrees to have a consulting professional engineer design and construct the SWMldrainage system for the proposed lands to the satisfaction of the City Engineer and according to the requirements of the Stanton Drain Subwatershed Study; the Hyde Park Community Storm Drainage and Stormwater Management Servicing Municipal Class Environmental Assessment; the Hyde Park Community Functional Stormwater Management Report approved by the City of London Environmental Services Department; and, the City's Drainage By-Law and lot grading standards, policies, requirements and practices.

That the subdivider agrees that building permits will not be issued for the subject lands until proposed Regional SWM Facility (proposed to be built by others) and all related stormldrainage services are completed and operational, all to the satisfaction of the City Engineer.

The subdivider agrees that no building permits will be issued in this plan until the storm and sanitary sewers downstream of this plan are constructed and operational. including the Regional SWM Facility.

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That prior to final approval, the owner agrees to submit a plan to the City which identifies a landscaped centre median, or other suitable gateway feature, at the north end of Street 'A' that is consistent with the Hyde Park Community Plan Urban Design Guidelines; and, the owner further agrees to construct the gateway feature in accordance with the specifications of the City Engineer. To accommodate this gateway feature, Street 'A shall be red-lined to a width of 28 metres, or a width that is acceptable to the City Engineer.

That the subdivider agrees to direct all construction traffic associated with this plan to access the site via Fanshawe Park Road W. at a location acceptable to the City Engineer.

That, in accordance with the requirements and design guidelines in the Hyde Park Community Plan, the subdivider agrees that a noise attenuation wall will not be constructed between Blocks 23/24/25/26/27/28 and Fanshawe Park Road West. Prior to the submission of a site plan application for development on these blocks, the subdivider will have a qualified acoustical consultant prepare a noise study concerning the impact of traffic noise from Fanshawe Park Road West and identify appropriate noise attenuation measures that do not include the construction of a noise attenuation wall. The noise study is to include recommendations for noise abatement in accordance with M.O.E. Standards and approved by the City Engineer.

That, in order to address the issue of on-street parking within small lot developments, the owner agrees to design and implement an on-street parking plan, 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. A parking plan is required for each registered phase of development and it will form part of the subdivision agreement for the registered plan.

That prior to final approval, the owner shall submit a plan confirming the lotting pattern within Blocks one (1) through twenty-six (26), which shall be consistent with the approved zoning for these blocks and acceptable to the General Manager of Planning and Development. This lotting pattern shall be reflected on the final plan submitted for approval and registration..

That the subdivider agrees that "Appendix 39T-02509-2" will be modified to include additional municipal requirements to ensure that the crescent and single detached residential blocks being identified (by red-line modification) at the north-east corner of the subdivision, will meet all relevant municipal design and servicing standards, to the satisfaction of the City Engineer.

Prior to the submission of any engineering drawings to support the registration of any phase of the subject draft plan, a lotting plan shall be submitted and approved by the Manager of Subdivisions and Special Projects.

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Amendments to Municipal Requirements Appendix 39T-02509-2A

(to be appended to original Municipal Requirements - 39T-02509-2)

The Owner shall be advised that the existing 'h' holding provision should be retained on the subject lands due to the lack of available sewage treatment plant capacity at the Oxford Pollution Control Plant. It is noted that this holding provision may be lifted when the Oxford Pollution Control Plan expansion is currently underway.

The Owner shall connect the sewers and watermains to be constructed in this subdivision to the existing outlets and watermains to the specifications of the City Engineer.

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

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 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.

Urban Works Reserve Fund

The Owner may submit claims against the Urban Works Reserve Fund in accordance with By-law No. C.P.-1440-167, as follows and the City will determine if these claims are eligible:

i) storm sewers ii) sanitary sewers iii) traffic signals on Fanshawe Park Road West at Street 'A iv) a portion of the widening (1.5 metres) on Street 'A at Fanshawe Park Road West

All claimable external works shall be identified as separate tender schedules listing items, quantities, plan locations of quantities (chainage "from Station to Station") and unit costs within larger construction contracts.

Should this plan be developed in phases and any temporary measures be required, these temporary measures be required, these temporary measures shall be constructed to the specifications and satisfaction of the City Engineer, at no cost to the City.