Agenda Item # Page # CHAIR AND MEMBERS -PLANNING COMMllTEE

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1 ~ Agenda Item # Page # CHAIR AND MEMBERS -PLANNING COMMllTEE - APPLICATION BY: KEN WILLIAMSON HOMES LTD. PART OF LOT IO, CONCESSION 5, FORMER LONDON TOWNSHIP MEETING ON MAY r RECOMMENDATION U That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the application of Ken Williamson Homes Ltd., relating to lands on the north side of Fanshawe Park Road East, east of Glenora Drive and legally described as Part of Lot IO, Concession 5, former London Township: a) the Approval Authority BE REQUESTED to approve a two year extension of the draft plan of subdivision approval, as submitted by Ken Williamson Homes Ltd. (File No. ), prepared by PlanCan Associates and Stantec Consulting Ltd, certified by R. D. Stirling, Ontario Land Surveyor (Drawing No. DP-03, dated ), draft approved on May 2, 2000, red-lined by the applicant on June 11, 2003, and draft approved on June 24, 2004 which shows 62 single detached dwelling lots, 12 part lots, 2 medium density residential blocks, 2 parklandlopen space blocks and several 0.3 reserve blocks all served by the extension of Stackhouse Avenue and Sillers Drive, Grenfell Drive, and two new streets SUBJECT TO the conditions contained in the attached Appendix "-1". b) the Draft Approval extension of the residential plan of subdivision as submitted by Ken Williamson Homes Limited (File No. ) be SUBJECT TO the City's additional municipal requirements contained in the attached Appendix "-2A. c) the request for a three year extension BE REFUSED. The plan was originally draft approved in 2000 and a two year extension is considered a reasonable timeframe to allow the Owner to register the plan. d) the applicant BE ADVISED that the General Manager of Environmental and Engineering Services has estimated the following revenues and claims: IMPACT OF PROJECT ON RESERVE FUNDS AND BUDGET Estimated Revenue Urban Works Reserve General $1,344,091.OO Fund Stormwater Ponds $ 603, Estimated Claims Net Impact ~ $ 620, $ 724, $ 520, $ 83, Subtotal $1,947, $1,140, $ 807, NOTE. 1) CLAIMS ARE BASED ON FIGURES FROM APRIL

2 ~~ Agenda Item # Page # ESTIMATES ARE CALCULATED USING CURRENT RATES AND THE INFORMATION IS REPORTED ALL IN ACCORDANCE ~~ ~ WITH THE ~~~~~~~ DEVELOPMENT CHARGES ~~~~~ AND URBAN WORKS ~~ ~~ ~~~~ FUND ~ BY-LAW 1IE. C.P AND I~~ ~~~ II ~~ ANY AMENDMENTS THERETO. ANY CLAIM PAYMENT FROMTHE URBAN WORKS RESERVE FUND WILL BE IN ACCORDANCE WITH BY-LAW NO. C.P AND AS APPROVED BY THE CITY ENGINEER. EST MATES ARE BASE0 ON INFORMATION PROVIDE0 BY THE APPLICANT AN0 ARE PROVIDEO FOR INFORMATION PURPOSESONLY THEY DONOTCONSTITLTEANY COMMITMENTSON BEHALFOF THECITYOFLONOON ACTUAL CLAIMS W II BE DETERMINED IN CONJUNCTION WITHTHE SUBDIVISION AGREEMEhT ANOTHE BY-LAWS ACTUAL REVENUES ARE DETERMINED IN CONJUhCTlON WITH BU.LOING PERMITS AN0 THE BYLAWS AT THAT TIME THE OWNER SHOULOTAKE NOTETHATTrlERE ISCURRENTLYAOELAYIN PAYMENTOFCLAlMSFROMTrlEURBAN WOR6 RESERVE FJND THERE S POTENTIAL FOR SlGNlFlCAhT DELAYS IN PAYMENTON W RF CLAIMSATTHIS TIME THE ABOVE CLAlMSlREVEhUES ON ESTIMATES USING CURRENT UWRF RULES FURTHER ESTIMATED CLAlMSlREVEhLES BASED ON ANTIC PATE0 FUTURE RJLES MAY VARY SUBSTANTIALLY RATIONALE 1. The recommended extension fortwo years provides a reasonable time period for stormwater and erosion issues to be addressed and for the plan to be registered. 2. When the plan was granted an extension in 2004, the conditions and municipal requirements were reviewed and revised accordingly. Since that time there have not been significant changes to plans for the area which warrant significant revisions to the conditions or municipal requirements. 3. The longer the extension granted, the greater the likelihood standard/requirements will change. Granting a two year extension is considered a reasonable timeframe to allow Owner to register the plan without significant changes to current standards/requirements. March 27, Planning Report for Public Participation meeting regarding draft plan of subdivision June 7, Planning Report for Public Participation meeting regarding revisions and extension of draft plan of subdivision July 17, Planning Committee - Stoney Creek Online Flood Control Facility Subdivision Agreement BACKGROUND - This application for Draft Plan of Subdivision Approval was accepted on September 15, It was circulated to the required agencies, municipal departments and the public in the fall of Processing the application delayed pending Stoney Creek South Community Plan Ontario Municipal Board Decision and Order. The public meeting before the Planning committed on this drafl plan and a concurrent zoning by-law amendment application was held on 27, Municipal Council recommended approval of the draft plan on subdivision on April 3, 2000 and draft approval was granted by the City of London Approval Authority on May 2, On April 9, 2003, the applicant submitted a request for a three year extension. There was insufficient time to consider the request so an administrative extension of 90 days was granted by the'approval Authority on May 1, On July 2, 2003, revisions to the draft approved plan were circulated to relevant agencies for comment. In order to allow the revised plan to be considered the, the Approval Authority granted a one year extension on July 22,2003 subject to Council supporting the Decision. On August 5,2003, Council resolved to support the one year extension granted by the Approval Authority. 2

3 Notice that the Planning Committee would consider a request for revisions to the drafl plan was circulated to municipal departments, required agencies and area property owners on May 28,2004. On June 7, 2004 the Planning Committee held a public participation meeting on the request for revisions and an extension and only Don Riley, agent for the Owner, attended and made a submission. Mr. Riley supported the staff recommendation. The Planning Committee recommended approval of the revisions and the three year extension and this recommendation was endorsed by Council on June 14,2004. The Approval Authority approved revisions to the draft plan and extended the lapse date for a three year period. The new lapse date is be June 24,2007. On May!jth, 2007, the Owner asked for a three year extension to the plan of subdivision. They have submitted engineering drawings to the City for approval but have been informed their drawings will not be accepted until downstream erosion problems have been rectified and the Stoney Creek Online Flood Control Facility has been constructed. The Environmental and Enaineerins Services Deoartment was advised of the request for an extension and they have provided the following comments: EESD has no objection to the above-noted drafl plan extension; however, we offerthe following updated response to the request for comments on the extension of the drafl approval for 39T Please note the following additions andlor revisions are required to be made to the Approval Authority conditions dated June 24, Remove Condition 20. and replace with the following: The Certificate of Conditional Approval shall not be granted until Stackhouse Avenue is constructed to the satisfaction of the City Engineer from the northerly limit of this draft plan of subdivision to Fanshawe Park Road East. Remove Condition 25. and replace with the following: The Owner shall have its consulting engineer, as part of the submission of engineering drawings, develop a SWM plan for these lands to the specification and satisfaction of the City Engineer and shall comply with the following requirements: i) The preferred alternative for the pending Stoney Creek Area Stormwater Management and Storm Servicing Municipal Class EA ii) The SWM Master Plan for Stoney Creek Area Plan iii) The SWM targets and criteria for the Stoney Creek Subwatershed Study iv) City of London SWM Design Specifications and Requirements, as updated v) The City s Drainage By-law and lot grading standards, policies, requirements and practices vi) The City Natural Heritage System Policies in relation to terrestrial and landscape components of the system and in accordance with the requirements of Parks Planning and Design and obtain approval of the proposed SWM Conceptual Plan vii) Ministry of the Environmental SWM Practices Planning and Design Manual (2003) viii)applicable Acts, Policies, Guidelines, Standards and Requirements of all relevant SWM agencies. Remove Condition 26. and replace with the following: The Owner, shall at the time this plan is registered, provide all required and adequate land dedications in relation to the proposed SWM Facility, all to the specification and satisfaction of the City Engineer. Remove Condition 29. and replace with the following: The Owner agrees that no applications for building permits will be made forthe subject site until the proposed Regional Flood Control SWMF is constructed and operational, all related stormkirainage services and completed and operational and all required remediation works to the Stoney Creek Channel area completed, all to the specification and satisfaction of the City 3

4 Engineer, or as otherwise approved by the City Engineer. Additionally, the Owner agrees that no applications for building permits will be made for the portion of these lands south of the Stoney Creek main Channel until proposed regional SWMF Facility # 5, to be built by others, and all related servicing is constructed and operational to the specification and satisfaction of the City Engineer." Remove Condition 35. in its entirety. Revise Condition 49. to add an additional paragraph as follows: "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." Add the following additional clauses: # The Owner shall provide easements, to the satisfaction of the City Engineer, for future routing of the sanitary sewers as identified by the Stoney Creek Trunk Sanitary Environmental Assessment which is currently being carried out by the City of London, all to the specifications and satisfaction of the City Engineer, and at no cost to the City or the Urban Works Reserve Fund. # Where the Owner is advancing the development of the portion of lands which require the extension of the Stoney CreekTrunk Sanitary Sewer as an outlet, the Ownerwill be required to design and construct this sanitarysewer. The trunk sanitary sewer is claimable underthe UWRF. # The Owner shall restrict development to areas which do not conflict with the proposed routing where lands may be reasonably affected by the land needs of the sanitary routing for the future extension of the Stoney Creek trunk sanitary sewer. # The Owner is advised there is a portion of funding for the construction of the trunk sanitary sewer which is non-growth related. The non-growth portion will be funded by the City's Sewer Capital Budget and will be funded in a subsequent year's Capital Budget upon submission of a claim for the completed works and subject to Capital Budget approval. # The Owner shall develop an erosion/sediment control plan that will identify all erosion and sediment control measures for the subject lands and that will be in accordance with City of London and MOE standards and requirements, all to the specification and satisfaction of the City Engineer. This plan is to include measures to be used during all phases of construction. The Owner's professional engineer shall submit these measures as a component of the Functional StormlDrainage Servicing Report for these lands and is to have the measures established and approved by the City Engineer prior to any work on the site. # The Owner agrees to implement SWM soft measure Best Management Practices (BMPs) within the plan to the specification and 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, at the time this plan is registered, provide all required and adequate land dedications in relation to the proposed Flood Control SWM Facility to the specification and satisfaction of the City Engineer. # The Owner shall connect the proposed watermains to serve this plan to a municipal water system, namely to the existing municipal 250 mm (IO) diameterwatermain on Stackhouse Avenue and the existing municipal 400 mm (16) diameter watermain on Fanshawe Park Road East. 4

5 # # # # # 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 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. 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 shall be constructed to the specifications and satisfaction of the City Engineer, at no cost to the City. The Owner acknowledges that the Urban Works Reserve Fund and its associated by-laws are undergoing review and potentially significant amendments. Notwithstanding this approval, the Owner will cooperate in accommodating any reasonable changes that result from the new rules and by-laws through the subdivision agreements, amended agreements and development agreements attached to this approval. ANALYSIS The Owner has requested a three year extension to the draft approved plan of subdivision. They have indicated they are anxious to proceed and it is their position the many delays associated with this plan are beyond their control. This plan has been delayed for a number of reasons some of which beyond the control of the Owner, others entirely in the control of the Owner. The Owner is not responsible for delays associated with determination of whether a Municipal Class EA was required for erosion in the Stoney Creek and for completion of the EA. The Owner is not responsible for the time taken to determine if the Stoney Creek On-line Storage Facility Municipal Class EA is still valid. The Owner is not responsible for delays associated with the review of the Stoney Creek Master Drainage Plan. However, the Owner was involved in discussions with abutting property owners regarding who and when the on-line facility would be constructed. If these negotiations had concluded sooner some of the other delays may not have occurred Much work has been done to date and revisions to the conditions of draft approval will not result in significant changes to the plan. The Stoney Creek Online Flood Control Facility Subdivision Agreement was accepted by Council. Engineering drawings for the Stoney Creek On-Line Facility have been reviewed and accepted by the City of London and a request for a Certificate of Approval has been submitted to the Ministry of the Environment. The existing conditions of draft approval will ensure appropriate municipal services are installed, measures to protect Stoney Creek are incorporated into both construction and the final development, there is an opportunity to incorporate erosion mitigation measures (if required by the Municipal Class EA) and there are no hazards to the public, For this reason, it is not considered necessary to significantly revise the condition of draft approval with this extension request. 5

6 It is noted that several conditions have been revised to reflect current conditions, standards and/or policies. Conditions that are denoted with an asterisk (*) indicates that a change has been made to the previous draft approved condition. If the change involves an addition to the condition, the addition is shown in Italics. Deleted conditions or portions thereof are denoted with a strikeout Further, it is recommended there be minor wording changes to the conditions of draft approval. Minor wording changes have been made to many conditions since 2004 including referring to the "Owner" not the "subdivider" and "the Owners shall" as opposed to "the subdivider agrees to". These changes have not been identified with an asterisk. Attached for reference is a location map, reduced version of the approved draft plan. I RECOMMENDED BY: A I May 16,2007 J L/ "Attach." Y:\Shared\SUB&SPEC\SUBDlV 6

7 LOCATION MAP Subject Site: Part Lot IO, Concession 5 (former Township of London); North side of Fanshawe Park Road East, east of Glenora Drive Applicant: Ken Williamson Homes Ltd. File Number: Planner: Jeffery Leunissen Created By: Jeffery Leunissen Date: Scale: 1:5000 Subject Site Parks Assessment Parcels Buildings Address Numbers I3 Flood Lines 0 Streams LEGEND Corporation of the City of London Preoared Bv: PD - Plannina N A

8 Draft Approved Plan of Subdivision

9 nn APPENDIX -1 (conditions to be included for extension of 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 ARE AS FOLLOWS: * Denotes revision - Denotes deletion NO. CONDITIONS *That this approval applies to the draft plan as revised in red, as submitted by Ken Williamson Homes Ltd. (File No. ), prepared by PlanCan Associates and Stantec Consulting Ltd, certified by R. D. Stirling, Ontario Land Surveyor (Drawing No. DP-03, dated ), draft approved on May 2,2000, red-lined by the applicant on June 11,2003, and draft approved on June 24,2004 which shows 62 single detached dwelling lots, 12 partlots, 2 medium density residential blocks, 2 parkland/open space blocks and several 0.3 reserve blocks all served by the extension of Stackhouse Avenue and Sillers Drive, Grenfell Drive, and two new streets. *That this approval replaces the draft approval granted by the Approval Authority of the City of London on May 2,2000 as extended on May 1,2003, July 23,2003, and June 24,2004 in its entirety. *That this approval of the draf! plan applies for a two year period 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. (Planning) That the road allowances included in this draft plan shall be shown and dedicated as public highways. (Planning) That the streets shall be named to the satisfaction of the Manager of Subdivisions and Special Projects. (Planning) That the municipal addresses be assigned to the satisfaction of the Manager of Subdivisions and Special Projects. (Planning) That the Owner convey up to 5% of the land included in the plan to the municipalityfor park purposes. Alternatively, the municipality may accept cash-in-lieu of all or a portion of the conveyance pursuant to the City of London By-law CP9. (Planning) 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. (Planning) 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. (Clerks) That 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. (Planning) 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. (Planning) 9

10 12. That the Owner shall grant to the appropriate authorities such easements as may be required for utility or drainage purposes. (Planning, EESD) 13. That the subdivision agreement between the Owner and the municipality shall contain phasing arrangements to the satisfaction of the General Manager of Planning and Development and the City Engineer. (Planning, EESD) 14. 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 grading or alteration on site, the owner shall enter into a site alteration agreement or a subdivision agreement and post the required security. (EESD) , The Owner shall not commence construction or install of any services (eg. Clearing or servicing of land) involved with this plan priorto entering into a site alteration agreement or subdivision agreement and obtaining all necessary permits, approvals and/or certificates that need to be issued in conjunction with the development of the subdivision, unless otherwise approved by the General Manager of Planning and Development in writing; (eg. MOE certificates; CitylMinistrylAgency permits: Approved Works, water connection, water-taking, navigable waterways; approvals: UTRCA, MNR, MOE, City; etc; etc.). (EESD) 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@) with the City of London priorto 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) That the Owner is required to dedicate sufficient land to widen Fanshawe Park Road East to 18.0 metres from the centreline of the original road allowancelexisting road, and such road widening shall be shown and dedicated as public highways on the final plan. (EESD) That a 0.3 metre reserve along the south limit of Block77 being Block 80 abutting Fanshawe Park Road East shall be conveyed to the City of London. (EESD) That any dead ends and open sides of road allowance created by this draft plan shall be terminated in 0.3 metre reserves to be conveyed to, and held in trust, by the City of London until required for the future production of such road allowance. (EESD) The Owner shall, prior to development of this plan, provide a road connection to a second, secondary collector road, linked to an arterial road, to the specifications of the City Engineer. (EESD) *Prior to an application for site plan approval and the execution of a development agreement for Block 77 the Owner shall 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 ofthe 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) 10

11 The Owner shall protect the open space areas (Blocks 78 and 79) along the Stoney Creek from infilling, dumping and erosion during the grading, installation of services and construction of the proposed subdivision; and to erect and maintain a temporary barrier along the boundary of this block prior to any work on the site and until all construction work is complete. (Planning, EESD) The Owner shall at the time of submission of engineering drawings demonstrate that the proposed SWM plan for this subdivision is consistent with the proposed Updated Stoney Creek SWM criteria for the Stoney Creek Subwatershed Studies that are approved by City Council. The Stoney Creek Update Report is subject to approval by City Council. (EESD) The Owner shall design and agree to construct the Regional Flood Control SWMF on the subject lands which will be located immediately adjacent to Stackhouse Avenue on the north side of Stoney Creek, in accordance with the Flood Control Municipal Class EA, completed and accepted in 2001, and the SWM Conceptual Master Plan for the Stoney Creek Area Plan. The Owner is allowed to recover the cost associated with this SWM facility from the Urban Works Reserve Fund (UWRF) in accordance with the UWRF By-law. (EESD) *The Owner shall have its consulting engineer as part of the submission of engineering drawings develop a SWM plan for these lands, to the specifications andsatisfaction of the City E n g i n e e r 1 Aea-Pkwand shall comply with the following requirements: 0 The preferred alternative for the pending Stoney Creek Area Stormwater Management and Storm Servicing Municipal Class EA; ii) iii) iv) v) vi) vii) viii) The City Natural Heritage System Policies in relation to terrestrial and landscape components of the system and in accordance with the requirements of Parks Planning and Design and obtain approval of the proposed SWM Conceptual Plan; The SWM targets and criteria for the Stoney Creek Subwatershed Study; City of London SWM Design Specifications andfxdrequirements, as updated; The City's Drainage By-law and lot grading standards, policies, requirements and practices; Ministry of the Environment SWM Practices Planning and Design Manual (2003); Applicable Acts, Policies, Guidelines, Standards and Requirements of all relevant SWM agencies; and, The SWM Master Plan for Stoney Creek Area Plan. (EESD) 26. *The Owner shall at the time this plan is registered provide all required and adequate land dedications in relation to the proposed SWM Facility, all to the specificationsandsatisfaction of the City Engineer. (EESD) The Owner shall have its professional engineer as part of the submission of engineering drawings identify the major and minor storm flow routes for the said catchment area to the satisfaction of the City Engineer. (EESD) The Owner shall have his consulting engineer design the servicing systems and to use his best endeavours to 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 owner shall indemnify the City against any damage 11

12 or claim for damages arising out of or alleged to have arisen out of such increased or accelerated stormwater runoff from this subdivision. (EESD) 29. *The Owner agrees that no applications for building permits will be made for the subject site until the proposed Regional Flood Control SWMF is constructed and operational, awd all related storm/drainage services and completed and operational and allrequiredremediation works to the Stoney Creek Channelarea completed, all to the specification and satisfaction of the City Engineer, oras othemise approved by the City Engineer. Additional/y, the Owner agrees that no applications for building permits will be made for the portion of these lands south of the Stoney Creek main Channel until proposed regional S WMF Facility # 5, to be built by others, and all related sewicing is constructed and operational to the specification and satisfaction of the City Engineer The Owner shall have his engineer demonstrate a suitable routing for the proposed sanitary trunk sewer extension east of Trossacks Drive. The sanitary sewer routing shall not interfere with any proposed SWM facilities. (EESD) - * Registration of this plan and subsequent development is subject to the availability of sewage treatment at the Adelaide Pollution Control Plant. That agreement shall acknowledge that, if treatment is available at the said plant at the time the subdivision agreement is prepared, then capacityfor this subdivision will be reserved at that time by the City Engineer on the condition that registration of the agreement and the plan of subdivision occur within one (1) year of the date specified in the subdivision agreement. Failure to register the agreement and register the plan within the specified time, may result in the subdivider 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. (EESD) - * Block 75 shall be held out of development until such time as a subdivision draft plan is approved on the lands to the east, to accommodate a possible future road connection extending from the current cul-de sac bulb creating an eyebrow street to service lands to the east. The feasibility of such a connection may be affected by an Environmental Impact Study to be completed on the lands to the east. (Planning) The Owner prior to the initial submission of engineering drawings, shall develop a traffic calming plan developed in the context of the road network established by the Stoney Creek Community Plan which identifies measures required along the secondary collector road network to discourage through traffic and/or control vehicle speeds. The approved traffic calming measures are to be incorporated into final design for the collector road network, to the satisfaction of the City Engineer. (EESD) 36. To prevent the creation of local road intersections along the arterial road network to serve the remnant parcel of land abutting this draft plan of subdivision to the west, the Ownershall 12

13 Agenda Item # Page f identify prior to the submission of engineering drawings to show these lands can be served through the internal subdivision road network or through lands west of the remnant parcel should these lands be development with low density residential land uses to the satisfadion of the General Manager of Planning and Development The Owner's professional engineer shall determine the need for an Environmental Assessment under the Class E.A. requirements for the provision of any services related to this plan. No construction involving installation of services requiring an E.A. is to be undertaken prior to fulfilling the obligations and requirements of the Province of Ontario's Environmental Assessment Act. (EESD) That 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. (Planning) That the Ownershall, prior to the submission of engineering drawings, have accepted bythe City, an Environmental Impact Study (EIS) with respect to the natural area along Stoney Creek on this plan, that the design of the plan, including road location and lotting configuration, may change around the periphery of the natural area as a result of the recommendations of the EIS, and that the recommendations of the EIS will be implemented into the final plan of subdivision and subdivision agreement as necessary. (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 and/or 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) That 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 provide "looping" of the proposed water main infrastructure for this subdivision when construction provides more than 80 dwelling units to be serviced from one feed, all to the specifications of the City Engineer. (EESD) Construction access shall be from Fanshawe Park Road East. (EESD) It is recognized that portions of the property known as 1068 Fanshawe Park Road E. are required to be developed in conjunction with the subject draft plan. The subdivider will be required to make the necessary arrangements with the owner of 1068 Fanshawe Park Road E. for adjustments to the property ownership or alternatively the owner will agree to hold such portions out of development until the lands can be developed in conjunction with the owner of 1068 Fanshawe Park Road E. (Planning) The Owner shall construct a temporary turning facility for vehicles at the east limit of Street "B and if necessary at the east limit of Stackhouse Avenue, to the specifications and satisfaction of the City Engineer. (EESD) The Owner prior to the submission of engineering drawings, shall ensure that all geotechnical issues related to slope stability are adequately addressed and that all required 13

14 maintenance, erosion and structural setbacks for the subject lands are ensured, and all to the satisfaction of the City Engineer and the Upper Thames River Conservation Authority. (EESD, UTRCA) Approval from the London Fire Department is required should any burning of materials onsite be contemplated. (Planning) *The Owner shall permanently cap any abandoned water wells located on the property, in accordance with the Ontario Water Resources Act and the Ministry of Environment guidelines. 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 orquality of water available in the well. Further, the owner ofthe wellaccepts all responsibility for protecting the well and the underlying aquifer from any development activity (EESD) The Owner shall obtain all necessary permits from the Upper Thames River Conservation Authority. (UTRCA) Blocks 63 to 74 and 76 shall not be developed except in conjunction with adjacent lands. (Planning) The limit of development for all residential lots and blocks shall not extend below the 100 Year Erosion Limit. Prior to the submission of engineering drawings associated with the proposed flood control structure, the Owner shall provide the UTRCA with a copy of the final Environmental Study Report, Stoney Creek Flood Control Study Class Environmental Assessment and Preliminary Design and have the opportunity to provide comments to the City. *The Owner shall provide easements, to the satisfaction of the City Engineer, for future routing of the sanitary sewers as identified by the Stoney Creek Trunk Sanitary Environmental Assessment which is currently being carried out by the City oflondon, all to the specifications and satisfaction of the City Engineer and at no cost to the City or the Urban Works Reserve Fund. *Where the Owner is advancing the development of the portion of lands which require the extension of the Stoney Creek Trunk Sanitary Sewer as an outlet (lands south of Stoney Creek), the Owner shall design and construct this sanitary sewer from its terminus to the east limit of this plan. The trunk sanitary sewer is claimable under the UWRF. *The Owner shall restrict development to areas which do not conflict with the proposed routing for the future extension of the Stoney Creek trunk sanitary sewer. *The Owneris advised there is a portion of funding forthe construction of the trunk sanitary sewer which is non-growth related. The non-growth portion will be funded by the City s Sewer Capital Budget and will be funded in a subsequent year s Capital Budget upon submission of a claim for the completed works and subject to Capital Budget approval. 14

15 Appendix -2A (Amendments to Municipal Requirements to be added to original Municipal Requirements -2) i) The Owner shall develop an erosion/sediment control plan that will identify all erosion and sediment control measures for the subject lands and that will be in accordance with City of London and MOE standards and requirements, all to the specification and satisfaction of the City Engineer. This plan is to include measures to be used during all phases of construction. The Owner s professional engineer shall submit these measures as a component of the Functional Storm/Drainage Servicing Report for these lands and is to have the measures established and approved by the City Engineer prior to any work on the site. ii) The Owner agrees to implement SWM soft measure Best Management Practices (BMP s) within the plan to the specification and 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. iii) The Owner shall connect the proposed watermains to serve this plan to a municipal water system, namely to the existing municipal 250 mm ( IO) diameterwatermain on Stackhouse Avenue and the existing municipal 400 mm (16 ) diameter watermain on Fanshawe Park Road East. iv) 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 pian 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. v) 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. vi) Should this plan be developed in phases and any 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. vii) The Owner acknowledges that the Urban Works Reserve Fund and its associated by-laws are undergoing review and potentially significant amendments. Notwithstanding this approval, the Owner will cooperate in accommodating any reasonable changes that result from the new rules and by-laws through the subdivision agreements, amended agreements and development agreements attached to this approval. 15