APPENDIX "39T "

Transcription

1 14 APPENDIX "39T " (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 THE SUBDIVISION, FILE NO. 39T ARE AS FOLLOWS: No IO CONDITIONS That this approval applies to the revised draft plan submitted by Gainsborough Place Inc., prepared by Knutson Planning Inc., certified by Bruce Baker, Ontario Land Surveyor, of Archibald, Gray & McKay, File No. 39T-00513, Plan No. 8-L-2846, as shown on the attached plan, signed November 20, 2003, as red line amended, which shows a total of 265 single detached dwelling lots/blocks, two (2) multi-family, medium density residential blocks, one (I) park block, and several road widening, reserve, access and walkway blocks, served by eight (8) new internal streets. That this approval of the draft plan of subdivision 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 addresses shall be assigned to the satisfaction of the General I 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's mapping program. That prior to final approval, the Approval Authority is to be advised by the City Clerk of the City of London that appropriate zoning is in effect for this proposed subdivision. That the owner agrees in writing to satisfy all the requirements, financial and otherwise, of the City of London including, but not limited to surfacing of roads, installation and maintenance of services, drainage and grading, tree planting and tree preservation. That the subdivision agreement between the owner and the City of London be registered against the lands to which it applies once the plan of subdivision has been registered. That the owner grant to the appropriate authorities such easements as may be required for utility or drainage purposes. That the subdivision agreement between the owner and the municipality contain phasing arrangements to the satisfaction of the General Manager of Planning and Development and the City Engineer. The owner agrees to implement the requirements of the City of London concerning sedimentation and erosion control measures during all phases of construction. The owner's consulting engineer shall have these requirements established and approved by the City Engineer, prior to any work on the site.

2 15 ' The owner agrees that E 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 adproved by the Citv in writing; (eg. MOE certificates; permits: Approved Works, water connection, water taking approvals, MOE, City; etc., etc.). That Block 266 shall be restricted to a single access location, from Coronation Drive, in a location that is acceptable40 the City Engineer. That the owner shall convey Block 268 to the City of London for park purposes. That the owner agrees to clear, grade and seed the lands being conveyed to the City for park purposes, to the satisfaction of the General Manager of Planning and Development, prior to the issuance of building permits. 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 agree 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 269, 270, 271, 272 and 273 to the City of London as public walkways. That prior to final approval, the owner agrees to 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 this 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. That prior to final approval, the owner will prepare a report which demonstrates, to the satisfaction of the General Manager of Planning and Development, that the overall health of the woodlot located immediately west of lots 91 through 101, will not be detrimentally affected by potential impacts from lot grading and that adequate water resources management are maintained for the existing wooded area. The owner is required to connect to a piped external storm sewer outlet consistent with the proposed permanent storm trunk location as identified in the Conceptual SWM Master Plan for the Hyde Park Community Plan, all to the specifications of the City Engineer. The owner agrees that its Professional Engineer will design and construct the storm/drainage system in accordance with the Conceptual SWM Master Plan for Hyde Park.

3 The owner agrees to grade the site and design and construct the stormidrainage system serving the subject lands in such a manner that will not adversely impact the existing tree line along the westerly property line. The owner 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. That prior to final approval, the owner agrees to submit a concept plan to the Commissioner of Planning and Development which demonstrates how lots 20, 21, 60, 75, 158, 178, I90 and191 can be developed; or, alternatively, which identifies the lot boundary adjustments required to provide lots that are developable. on the basis of applicable zoning requirements and other relevant municipal standards. 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 Coronation Drive (adjacent to Block 267) 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, Coronation Drive shall be established in this location to a width of 28 metres, or a width acceptable to the City Engineer. In lieu of constructing a noise attenuation wall between Blocks and Gainsborough Road, prior to site plan approval the owner agrees he will be required to have a qualified acoustical consultant prepare a noise study concerning the impact of traffic noise from Gainsborough Road upon the subdivision and provide noise attenuation requirements that are consistent with the Hyde Park Community Plan and associated Design Guidelines. The noise study is to include recommendations for noise abatement in accordance with M.O.E. standards, and is to be reviewed and accepted by the General Manager of Planning and Development. The owner agrees to decommission and permanently cap any abandoned wells 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. The owner agrees to construct a temporary access road between Gainsborough Road and Healy Road at the north limit of this draft plan of subdivision (between Lots 109 and 111, or another location approved by the City Engineer), to the satisfaction of the City Engineer and at no cost to the City. The subdivider shall maintain this road for access by the public, to the satisfaction of the City Engineer, until such time as a second public street connection has been developed to serve this subdivision. The owner agrees that multi-family Blocks 266 and 267 are to be developed for multifamily housing and will not be subdivided to permit single detached residential housing. That final approval shall not be given to the plan until such time as the required amendment to the Zoning By-law (to allow for a shift in the location of the entranceway to Block 267) has been finalized. It shall be the responsibility of the subdivider to initiate the required amendment to the Zoning By-law.

4 17 APPENDIX "39T " (Municipal Requirements to be Included in the Subdivision Agreement) A. SEWERS &WATER MAINS 1. Sanitarv: a) The owner agrees the sanitary outlet to serve this subdivision is the proposed Hyde Park Sanitary Trunk Sewer as determined through the Environmental Assessment process by Cumming Cockburn Limited. Further, a sewer route has been established along the CN spurline. b) The owner agrees that the timing of this development is dependent upon the availability of a gravity sanitary outlet sewer to serve this draft plan of subdivision. A sub-trunk, easterly from the CN spurline along Gainsborough Road, to service this parcel will be required to be constructed. The owner agrees to construct the aforesaid sub-trunk sewer. c) The owner 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. The owner agrees 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. The owner agrees to commence construction of municipal services within two (2) years of the date specified in the subdivision agreement that treatment capacity is reserved. Failure to either register the agreement, register the plan, or commence construction within the specified time shall result in the.owner forfeiting the allotted treatment capacity and, also, the loss of his right $0 connect into the outlet sanitary sewer. In this event, the owner must reapply to the City to have reserved sewage treatment capacity reassigned to the subdivision. 2. Storm and Stormwater Management: a) The owner acknowledges that this plan is located within the Stanton Drain Subwatershed and agrees to comply with the SWM targets and criteria identified in the Stanton Drain Subwatershed Studies accepted by City Council. b) The owner will be required to adhere to the findings and requirements of the Functional SWM Plan prepared by others for the outlet SWM facility to the satisfaction of the City Engineer and consistent with the SWM Conceptual Master Plan for the Hyde Park Community Plan which has been accepted by the MOE and City Council on August 7, c) The owner agrees that the storm outlet for the subject lands is the proposed Temporary SWMF and will be discharging to this system via the proposed external storm outlet system. d) The owner agrees to acquire and/or purchase all necessary easements/lands and obtain the land owners consents for the construction of the external storm sewer outlet consistent with the proposed permanent storm trunk location as

5 18 identified in the Conceptual SWM Master Plan for the Hyde Park Community Plan, all to the specifications of the City Engineer. All costs associated with this outlet construction are subject to cost recovery under the City's Urban Works Reserve Fund (UWRF) By-law. Recoverable costs for land purchase or easement acquisition will be in accordance with the Urban Works Reserve Fund Study. The owner is required to promote implementation of the stormwater management (SWM) soft measure Best Management Practices (BMP's) where possible within this plan, 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 to the approval of the City Engineer. 9 The owner agrees to provide the following at no cost to the City, at the time this plan is registered: 0 a deed for all required easements to the City over the storm sewer(s) and storm sewer outlet; ii) all required private agreements, financial and otherwise, to provide the City with documentary evidence of assuring that the storm sewer services shall be constructed, all to the satisfaction of the City Engineer and the City Solicitor. The owner agrees that building permits for the subject site shall be issued upon: i> all sewer services being constructed to provide discharge to the temporary private SWMF, including the storm conveyance services that are located outside of this subdivision; ii) the temporary private SWMF, to be built by others, being constructed and operational to the satisfaction of the City Engineer. 3. Water mains: The owner shall have a professional engineer identify the major storm flow routes for the said catchment area to the satisfaction of the City Engineer. The owner agrees that the proposed temporary stormwater management (SWM) facility is only representing an interim alternative until the final (ultimate) SWM facility is constructed and operational, and until the stormwater from this plan is redirected to the final facility, in accordance with the SWM Conceptual Master Plan accepted by the Ministry of the Environment and the City Engineer. The owner shall use his best endeavors 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 anything to the contrary of any requirements of the City, or any approval given by the City Engineer, the indemnity provided shall apply- to 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. a) The owner shall provide an overall water area plan which must be approved prior to final water works plan approval. b) The owner agrees to finalize with the Water Engineering Division of the Environmental Services Department the cost sharing details of the water main infrastructure oversizing and piping, prior to final plan approval.

6 19. c) The owner is required to provide 'looping' of the water main system constructed for this subdivision when 80 units or more are to be constructed, all to the specifications of the City Engineer; d) The owner is required to obtain all 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. 4. General: a) The owner is required to connect the sewers and water mains to be constructed in this subdivision to the existing and/or future outlets and water main(s) to the specifications of the City Engineer. b) 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. c) No sewers are to be constructed on easements or on lands designated for future use as a park or school without the necessary approvals from the Environmental Services Department and the appropriate school board of education where a school block is involved. e) The owner agrees that no weeping tile connections will be permitted into the sanitary sewers within this plan. 0. STREETS, TRANSPORTATION & SURVEYS 1. Roadway Alignments and Geometries: a) The cul-de-sac on Tucker Court is to be constructed in accordance with City of London Standard DWG. SR-5.0. The owner may provide a raised, circular centre island (R=8.0m) within the cul-de-sac as an option. b) All streets with bends of approximately 90 degrees are to have a minimum inside street line radius in accordance with the following City standards: Rd. Allowance S/L Radius (insd.) i) 20m 9. Om i i) 19m 9.5m iii) 18m 1 O.Om c) At 'tee' intersections, the projected road centreline 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. d) At all through intersections the alignment of opposing streets is to be determined based on the centrelines of the streets aligning through their intersections thereby having these streets centred with each other, unless otherwise specified herein. 2. Minimum Centerline of Road Radii: All streets in the subdivision are to have centerline radii which conform to the City of London Standard "Minimum Centerline Radii of Curvature of Roads in Subdivisions".

7 20 3. Road Widths: a) Coronation Drive, Lawson Road and Brunswick Avenue east of Coronation Drive, are to have a minimum road pavement width (excluding gufters)of 9.5 metres (31.2') with a minimum road allowance of 21.5 metres (70'); b) Roots Gate, Cutross Avenue, Healy Road, Brunswick Avenue (west of Coronation Drive), Healy Lane and the street south of Curtoss Avenue, 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'); c) Coronation Drive, from Gainsborough Road to 45 metres south of Gainsborough Road, is to have a minimum road allowance of 28 metres (92'), with a minimum road pavement width acceptable to the City Engineer, including a landscaped median, consistent with the Gateway feature that is identified in the Hyde Park Community Plan Urban Design Guidelines; 4. SidewalkslBi keways: a) The owner agrees to construct a 1.5 metre (5') sidewalk on both sides of the following streets: i) Coronation Drive; i i) Lawson Road; iii) Brunswick Avenue (east of Coronation). b) The owner agrees to construct a 1.5 metre (5') sidewalk on one side of the following streets: 0 ii) iii) iv) v) vi) vii) on the south boulevard of Gainsborough Road from approximately 180 metres west of the west limit to the east limit of this draft plan of subdivision; on the north boulevard of Cutross Avenue; on the outside boulevard of Healy Road; on the north boulevard of Brunswick Avenue; on the south boulevard of the street south of Cutross Avenue; on the outside boulevard of Tucker Court, from Coronation Drive t.0 walkway Block 271 ; and on the south boulevard of Healy Lane, from Brunswick Avenue to Healy Road. c) The owner agrees to construct any of the sidewalks required as outlined in these conditions within a time-frame as directed by the, City Engineer, upon determination by the City Engineer that these sidewalks are needed. 5. Boundarv Road Works: a) The owner, prior to entering into a subdivision agreement, may be required to undertake a traffic study to verify that there is sufficient arterial road network capacity to accommodate the proposed development. The study should identify the road network improvements required to accommodate the proposed development giving consideration to the impact the phasing of development would have on the timing of these network improvements. Restrictions on development and/or phasing maybe imposed if there is insufficient network capacity to accommodate the proposed development. b) The owner agrees to construct left turn channelization on Gainsborough Road at Coronation Drive. This left turn channelization should have sufficient storage and

8 21 taper to accommodate the traffic demand anticipated as a result of full build out of the Hyde Park Community Plan. c) The owner agrees to install traffic signals at the intersection of Gainsborough Road with Coronation Drive when determined warranted by the City Engineer, d) The owner agrees to construct Coronation Drive at Gainsborough Road in alignment with an established secondary collector road on the north side of Gainsborough Road as identified in the Hyde Park Community Plan. e) The owner will be required to make minor boulevard improvements on Gainsborough 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. 6. Road Widenina: a) The owner will be required to dedicate sufficient land to widen Gainsborough Road to 18.0 metres (60 ) from the centreline of the original road allowan celexist i ng road. b) The owner will be required to dedicate daylighting triangles at the intersection of Coronation Drive with Gainsborough Road in accordance with the Z-1 Zoning By-law, Section Traffic Calmina: a) - In lieu of a traffic calming plan submitted by the owner, the Environmental Services Department requires, as a condition of draft plan approval, traffic calming measures (which shall include the two traffic calming circles identified in the Hyde Park Community Plan) at the following locations, subject to concurrence from the Traffic Calming Technical Advisory Committee: 0 on Coronation Drive, north and south of Roots Gate; ii) the intersection of Coronation Drive and Brunswick Avenue (traffic calming circle); iii) the intersection of Coronation Drive and Lawson Road (traffic calming circle); and iv) a curb extension on Coronation Drive. 8. Street Liq htina: The traffic calming measures selected for these locations are subject to the approval of the Transportation Division and are to be designed and constructed to the satisfaction of the City Engineer. The owner will be required to install street lighting along existing streets abutting this subdivision as determined to be warranted by and to the specifications of the City Engineer. 9. General: a) The area of all blocks except street widenings and reserves, shall be shown on the plan to be registered. b) Blocks for 0.3 m (1 ) reserves will be required at the following locations: 0 ii) along the north limit of this subdivision from Coronation Drive eastward to the east property limit, Block 267 as shown on the draft plan of subdivision; at the east limit of Tucker Court, Block 277 as shown on the draft plan of subdivision;

9 22 iii) iv) v) vi) at the east limit of Brunswick Avenue, Block 278 as shown on the draft plan of subdivision; at the south limit of Lawson Road, Block 279 as shown on the draft plan of subdivision; at the west limit of Coronation Drive, Block 280 as shown on the draft plan of subdivision; along the north limit of this subdivision from the west property limit eastward to Coronation Drive, Block 275 as shown on the draft plan of subdivision. c) The owner agrees to construct a temporary turning facility for vehicles at the south limit of Lawson Road to the specifications and satisfaction of the City Engineer. d) To prevent the creation of local road intersections along the arterial road network to serve Blocks within the draft plan of subdivision with medium density and institutional land use designations permitting low density residential land uses, the owner agrees to identify how these lands can be served through the internal subdivision road network should these lands be developed with low density residential land uses. C. GENERAL CONDITIONS 1. The owner agrees to have the common property line of the north limits of this plan with Gainsborough Road graded in accordance with the City of London Standard "Subdivision Grading Along Arterial Roads" at no cost to the City. 2. The owner agrees to implement the requirements of the City of London concerning sedimentation and erosion control measures during all phases of construction. The owner's professional engineer shall have these requirements established and approved by the City Engineer prior to any work on the site. 3. a) The owner agrees to advise the City in writing at least. two weeks prior to connecting, either directly or indirectly, into any unassumed services constructed by a third party, and to save the City harmless from any damages that may be caused as a result of the connection of the services from this subdivision into any unassumed services. Prior to any connection being made to an unassumed service, the following will apply: (i) (ii) (iii) 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; All MOE Certificates of Approval associated with the owner's proposed servicing works and all applicable permits must be obtained. b) The owner further agrees to pay a proportional share of the operational, maintenance and/or monitoring costs of any affected unassumed sewers or SWM facilities (if applicable) to third parties that have constructed the services and/or facilities, to which the owner is connecting. The above noted proportional share of the cost shall be based on contributing flows for sewers or on storage volume in the case of a SWM facility. The owner's payments to third parties, shall: (i) (ii) commence upon completion of the owner'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 and/or facilities constructed in conjunction with this plan, the owner agrees to permit the connection into and use of the subject services and/or

10 23 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. 5. The connection into and use of the subject services by an outside owner will be conditional upon the outside owner satisfying any requirements set out by the City, and agreement by the outside owner to pay a proportional share of the operational, maintenance and/or monitoring costs of any affected unassumed services andlor facilities. The owner agrees to construct all municipal services, including boulevard tree planting, for the subject lands at the sole expense of the owner. 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. 6. 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 EngineerKhief Building Official immediately, and if required by the City Engineer/Chief 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 to submit a full report on them to the City EngineerIChief Building Official. Should the report indicate the presence of methane gas then all of the recommendations of the engineer contained in any such report submitted to the City EngineerIChief Building Official shall be implemented and carried out under the supervision of the professional engineer, to the satisfaction of the City EngineeVChief Building Official and at the expense of the ownerkontractor, 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 approved program. If a permanent venting system or facility is recommended in the report, the owner further agrees to register a covenant on the title of each affected lot and block to the effect that the owners 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. 7. The owner agrees to provide inspection during construction by its professional engineer for all work to be assumed by the City, and have its professional engineer supply the City with a certificate of compliance upon completion in.accordance with the plans approved by the City Engineer. 8. 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. 9. The owner's professional engineer is to 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. IO. 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 I easement on lots in this plan. 11. The owner agrees to have its engineer notify existing property owners in writing, regarding the sewer and/or road works proposed to be constructed on existing City

11 A streets in conjunction with this subdivision, all in accordance with Council policy for :Guidelines for Notification to Public for Major Construction Projects. 12. The owner will be required to plant boulevard trees along existing roads abutting this subdivision in accordance with the City s tree planting guidelines, all at no cost to the City and as specified by the City Engineer. 13. The owner acknowledges that, prior to assumption of any streets in this plan, at least 70% of the lots fronting the roads to be assumed are to be built upon. 14. The owner will be required to resubmit a revised draft plan for this subdivision to the Environmental Services Department (Subdivision & Development Division) showing any amendments or revisions made to this plan as a result of any requirements andlor conditions covering the plan, or otherwise (ie. owner initiated), prior to final approval being issued The owner agrees that, should this plan be developed in stages, 0.3m reserves will be required at the end of all dead-end road allowances, across future road connections and along any open sides of road allowances. Permanent reserves are to be located outside the road allowance, temporary reserves are to be allocated from the road allowance and form part of the design width. Reserve blocks should be separated into parts where it is anticipated that it would facilitate future development of abutting lands.