fgenda Item;, ~ ~- CHAIR AND MEMBERS - PLANNING COMMITTEE

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1 ~ ~- fgenda Item;,, Page # 39T-05501E-6853 J. LEUNISSEN I! To:. SUBJECT: CHAIR AND MEMBERS - PLANNING COMMITTEE 11 FROM: 1 R. W. PANZER II GENERAL MANAGER OF PLANNING AND DEVELOPMENT APPLICATION BY AUBURN DEVELOPMENTS INC. LOCATION: LANDS BETWEEN SUNNINGDALE ROAD EAST AND THISTLEWOOD DRIVE,WEST OF SOUTH WENIGE DRIVE MEETING ON NOVEMBER 28,2005 RECOMMENDATION That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the application of Auburn Developments Inc. relating to lands between Sunningdale Road East and Thistlewood Drive, west of South Wenige Drive, legally described as Part of Lot 12, Concession 5 (geographic Township of London): on the advice of the Administrative Planning Advisory Group, the Approval Authority BE REQUESTED to approve the draft plan of residential subdivision submitted by Auburn Developments Inc. (File No. 39T-05501), prepared by MHBC Planning, certified by Andrew Smith, Ontario Land Surveyor, (Drawing No. N:N142'N/DP-JAN DWG), dated January 17, 2005, as red-lined, which shows 72 single detached dwelling lots, 1 open space/berm block and several road widening and reserve blocks; on the advice of the Administrative Planning Advisory Group, the Draft Approval of the draft plan of residential subdivision (File No. 39T-05501) BE APPROVED, SUBJECT TO the Municipal Requirements contained in the attached Appendix " as modified to accommodate the noise attenuation berm; a by-law BE INTRODUCED at the Municipal Council meeting on December 5, 2005 to amend Zoning By-law No. Z.-1 in accordance with the attached by-law (in conformity with the Official Plan) to change the zoning of the subject lands FROM a Residential RWR6 (R5-7/R6-5) Zone which permits various forms of cluster housing to a maximum density of 60 units per hectare (24 units per acre) TO a Residential RI (RI-13) Zone which permits single detached dwellings on lots with a minimum lot area of 270 mz (2,906 ft2) and a minimum lot frontage of 9.0 m (29.5 ft), a Residential R1 Special Provision (RI-13( )) Zone which allows a front yard setback of 3.0 (9.8 ft), and an Open Space (OSI) Zone which permit conservation lands, parks, conservation works for flood and erosion control and recreational uses associated with conservation lands and public parks. the applicant BE ADVISED that the General Manager of Environmental and Engineering Services has projected the following claims and revenues information: Urban Works Reserve Fund Claim (excluding SWM) SWM claim (including land) $ Estimated Revenue Estimated Claims 266,184 - $ Nil -- $ 235,000 Development 8, LDCSB Charges Reserve Fund $ 663,696 NIL Total $ 929,880 $ 235, Note: (1) ESTIMATED REVENUES FROM DEVELOPMENT, LONDON DISTRICT CATHOLIC SCHOOL BOARD (LDCSB), AND URBAN WORKS CHARGES ARE BASED ON CURRENT RATES IN ACCORDANCE WITH BY-LAW C.P

2 ,, lagendaltem; DQ A Item # Page# e # 39T-05501/ J. LEUNISSEN (2) THIS INFORMATION IS REPORTED IN ACCORDANCE WITH THE DEVELOPMENT CHARGES AND URBAN WORKS FUND BY-LAW (E. C.P ), AND ANY AMENDMENTS THERETO. ANY CLAIM PAYMENT FROM THE URBAN WORKS RESERVE FUND WILL BE IN ACCORDANCE WITH BY-LAW NO. C.P AND AS APPROVED BY THE CITY ENGINEER. (3) ESTIMATED REVENUES AND ESTIMATED CLAIMS ARE BASED ON INFORMATION PROVIDED BY THE APPLICANT AND ARE PROVIDED FOR INFORMATION PURPOSES ONLY. THEY DO NOT CONSTITUTE ANY COMMITMENTS ON BEHALF OF THE CITY OF LONDON. ACTUAL REVENUES AND CLAIMS WILL BE DETERMINED IN CONJUNCTION WITH THE SUBDIVISION AGREEMENT AND ISSUANCE OF BUILDING PERMITS. THE BY-LAWS IN EFFECT AT THE TIME OF BUILDING PERMITS BEING ISSUED WILL ESTABLISH FINAL CLAIMS AND REVENUES. I BACKGROUND At the Planning Committee public participation meeting on September 12, 2005, the Committee recommended the following: "That the application of Auburn Developments Inc, relating to the lands between Sunningdale Road East and Thistlewood Drive, east of South Wenige Drive, legally described as Part of Lot 12, Concession 5 (geographic Township of London) BE REFFERED to staff to review noise attenuation issues with the applicant and report back at a future meeting of the Planning Committee." This draft plan of subdivision is one of the first to be evaluated against the recently adopted Noise Attenuation Policies for Residential Uses Adjacent to Arterial Roads policy (Section of the Official Plan). Subsection 4a states that when a noise impact study is to be undertaken, the appropriate noise attenuation mechanism is to be based."on the future traffic volumes as established in the Transportation Master Plan and Schedule " C of the Official Plan". In order to determine appropriate noise attenuation measures in keeping with the Official Plan policy, it is necessary to projected traffic volumes along Sunningdale Road East beyond the 10 year period as generally required by the Ministry of the Environment noise guideline. On October 11, 2005, Transportation Planning and Design Division provided the following projections: the Stoney Creek Area Plan estimates 12,000 vehicles per day along Sunningdale Road East at full build-out, the Transportation Master Plan estimates approximately 13,000 vehicles per day for the same stretch of road by 2024, and they assume the capacity of this two lane road to be in the 18,000 vehicle per day range. As one of the purposes of the Official Plan policy is to reduce future expenditures by the Corporation of the City of London for the construction and maintenance of noise attenuation fences, the applicant was requested to provide an addendum to the Noise Impact Feasibility Study prepared by J. E. Coulter Associates Limited based on projected traffic volumes of 18,000 vehicles per day. On October 14, 2005, the applicant submitted an addendum to the Noise Impact Feasibility Study with calculations based on the "ultimate traffic" volume of a 4-lane roadway at level of Service "C" - 28,000 vehicles per day. The Coulter Associates Limited addendum recommends a 1.6 to 1.8 metre barrier along the arterial road with returns to achieve outdoor noise levels in accordance with the Ministry of the Environment Guideline. They also recommend windows not exceed 40% of the window to floor area ratio and that site and building plans be reviewed for compliance with MOE and municipal guidelines prior to the issuance of a building permit. At its meeting held on October 17, 2005, the Planning Committee received a communication from S. Stapleton, Vice-president, Auburn Developments Inc, requesting that the Draft Plan Approval for Stoney Creek Phase 4 Subdivision (39T-05501) be brought forward to the next meeting of the Planning Committee (PC). The PC received a verbal update from staff and noted that this matter will be brought forward to a PC meeting in November I ANALYSIS In reviewing the applicants request to construct a 1.6 to 1.8 m berm, staff considered how the berm will integrate with abutting properties and other properties along Sunningdale Road East. The same applicant has submitted a site plan application for 70 townhouse dwellings on the lands to the immediate west. Included in the townhouse proposal, is a 2.4 m high noise attenuation wall. (As the site plan application was submitted prior to adoption of the Official Plan policy and servicing plans have been prepared based on the submitted plan, it was 2

3 ~ 7 jubject Site: Thistlewood Dr 'art of Lot 12, Concession 5 LOCATION MAP ipplicant: Auburn Developments Inc. :ile Number: 39T :OWORATION OF 'IRE CITY OF LONDON 'repared By: PD - Planning Planner: Jeffrey Leunissen Created By: Jeffery Leunissen Date: 8/12/2005 Subject Site H Water 3 Draft Approved Parcels ZlfJ Registered Ink I LEGEND Parcels a Imperial oil Pipeline buffer) Sun-Canadian Oil. I^^, II Park Buildings 4 Addresses Streams

4 , r l t e m i Page#, determined the application could proceed under policies in effect at the time the application was submitted. Those policies required a 2.4 m noise attenuation barrier where the rear yard abuts an arterial road). Lands on the north side of Sunningdale Road East are designated Low Density Residential and no applications for developments have been received to date. Any future application for residential development will be evaluated against the current policies which permit noise walls only where other preferred options are not available. Acceptance of the request for a berm should only be accepted if it can achieve a high level of compatibility with other planned residential developments in the area. In order to confirm if this high level of compatibility could be achieved the applicant was requested to submit both a cross-section and a landscape plan for the berm. (See Page 5) The submitted cross-section proposes the limit of residential development be the north side of the berm. This principle is also contained in the landscape plan. The landscape plan also shows trees, flowing shrubs and armour stone on the north side of the berm with a decorative fence on the top of the berm. Landscaping as proposed by the applicant on the Landscape Plan will achieve a high level of compatibility with other planned residential uses in the area; however, it should only be accepted under the following circumstances: The limit of the residential property should be the top of the berm. Ownership of the north side of the berm by individual property owners will most certainly result in different levels of maintenance and may lead to it being used as a storage area for compost material, building materials, sheds, etc. In order to protect the integrity of the submitted landscaped plan and maintain an aesthetically pleasing arterial road corridor the limit of residential lots must not extend to the north side of the berm. Proposed landscaping such as trees, flowering shrubs and armour stone will require a high level of maintenance in the early years. If one of the reasons for discouraging noise barriers is to reduce costs on the municipality, the alternative should not impose new costs. In order to ensure a high level of maintenance on the berm without increasing costs to the City, the following maintenance plan is recommended: -the applicant shall submit a landscaped plan generally in keeping with the submitted landscaped plan to the Manager of Parks Planning and Design for acceptance. -the applicant shall submit a certificate to the City indicating landscaping has been installed as per the accepted landscaped plan. -one year after submitting the certificate noted-above, the applicant shall submit a certificate stating the berm has been inspected and corrective measures, if required, have been taken to return it to compliance with the original accepted landscaped plan. -four years after submitting the original certificate, the applicant shall submit a certificate stating the berm has been inspected and corrective measures, if required, have been taken to return it to compliance with the original accepted landscaping plan. -The four year maintenance period of landscaping on the noise attenuation berm shall be independent of assumption of the remainder of the subdivision. Decorative fencing along the top of the berm is appropriate but it must be of a consistent type. The only way to ensure a consistent fence type is to require applicant to construct it and it should be constructed prior to the issuance of building permits for lots backing onto Sunningdale Road East. Separate security calculations shall be required for the berm. In addition to the above, it is recommended warning clauses be included in the subdivision agreement which advise future property owners that traffic volumes along Sunningdale Road East will increase in the future and this noise may interfere with normal outdoor activities. Future residents should be warned Sunningdale Road East may be widened in the future and that there is no obligation on the part of the City to construct noise attenuation barriers. Lastly, future residents should be notified through the Subdivision Agreement the noise attenuation berm and decorative fence are not to be tampered with or altered and further that the owner shall have sole responsibility for maintaining these features. Red-Line Revisions Red-line revisions to the submitted plan are necessary to implement the requirements of Parks Planning and Design and to accept the proposed landscaped plan. The eastern limit of Block 73, abutting Lots 50 to 57, both inclusive, and Lots 59 and 60 shall be modified to accommodate a pathway system; and Block 73 shall be modified to include the north portion of the noise attenuation barrier. (See Page 6) 4

5 Item;, Page#, 39T-05501/ J. LEUNISSEN A I 5

6 ,,Agendaltern,# Page#, Recommended Draft Plan of Subdivision 39T-05501/ J. LEUNISSEN 6

7 Item;, Page #, 39T-05501/ J. LEUNISSEN The red-line amended plan together with the conditions of draft approval is recommended for approval. The recommended development will mitigate noise levels without the need for a noise wall; provide a pedestrian connection from Thistlewood Drive and Stephens Farm Park to Sunningdale Road East; and allow residential uses at a scale and density which is similar to existing and planned uses to the south and east. RECOMMENDED BYj, A - R. W. PANZER U GENERAL MANAGER OF PLANNING AND DEVELOPMENT November 21,2005 JUjl "Attach." YlShared\SUB&SPEClSUBDl~005\39T-05501\39T Planning Committee Report addendum 7

8 (F-q A enda Item # Pa e # 39T-05501lZ-6853 APPENDIX "B" J. LEUNISSEN Bill No By-law No A by-law to amend By-law No. Z.-1 to rezone an area of land located between Sunningdale Road East and Thistlewood Drive, west of South Wenige Drive, legally described as Part of Lot 12, Concession 5 (geographic Township of London). WHEREAS Auburn Developments Inc have applied to rezone an area of land located between Sunningdale Road East and Thistlewood Drive, west of South Wenige Drive, legally described as Part of Lot 12, Concession 5 (geographic Township of London), as shown on the map attached to this by-law, as set out below; AND WHEREAS this rezoning conforms to the Official Plan; THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows: 1. Schedule "A" to By-law No. Z.-1 is amended by changing the zoning applicable to lands located between Sunningdale Road East and Thistlewood Drive, west of South Wenige Drive, legally described as Part of Lot 12, Concession 5 (geographic Township of London), as shown on the map below comprising part of Key Map No. 5, from a Residential R51R6 (R5-7/R6-5) Zone to Residential R1 (RI-13) Zone, a 'Residential R1 Special Provision (RI-13( )) Zone and an Open Space (OSI) Zone. 2. Section 5.4 of the Residential R1 Zone to By-law No. Z.-1 is amended by adding the following Special Provision: ) R1-13( ) a) Regulations i) Front and Exterior Yard Depth for Main Dwelling to Local Street (Minimum): 3.0 metres (9.8 ft) The inclusion in this By-law of imperial measure along with metric measure is for the purpose of convenience only and the metric measure governs in case of any discrepancy between the two measures. This By-law shall come into force and be deemed to come into force in accordance with subsection 34(21) of the Planning Act, R.S.O. 1990, c. P.13, either upon the date of the passage of this by-law or as otherwise provided by the said subsection. 8

9 mm A enda Item # Pa e # PASSED in Open Council on December 5,2005. Anne Marie DeCicco Mayor Kevin Bain City Clerk First Reading - December 5,2005. Second Reading - December 5,2005 Third Reading - December 5,

10 Agenda Item # Page # File Number: 26853/39T05501 Planner: JL I SUBJECTSITE N Date Prepared 2005/11/18 Technician: CK By-Law No. Z.4- - SCALE 1: Meters I

11 ynda Item;, Page# 39T-05501/ J. LEUNISSEN 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 THIS SUBDIVISION, FILE NUMBER 39T ARE AS FOLLOWS: NO. CONDITIONS IO This draft approval applies to the draft plan submitted by Auburn Developments Inc. certified by Andrew Smith (Ontario Land Surveyor) File No. 39T-05501, drawing no. Drawing No. N:N142 IDP-JAN DWG, as red-lined, which shows a total of 72 single detached dwelling lots, 1 open space block and several road widening and reserve blocks served by the extension of Thistlewood Drive and 2 new streets. That this approval of the draft plan applies for a period of three (3) years from the date of draft approval 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. That draft approval and these conditions replace the conditions of draft approval granted by the Ontario Municipal Board on file 39T on July 11, 2000 and extended on October 14,2003 as it as it applies to the lands described as Blocks 208 and 209. The road allowances included in this draft plan shall be shown on the face of the plan and dedicated as public highways. The street@) shall be named to the satisfaction of the Manager of Subdivision and Special Projects. The municipal address shall be assigned to the satisfaction of the Manager of Subdivision and Special Projects. Prior to final approval, the Owner shall submit to the Approval Authority a digital file of the plan to be registered in a format compiled to the satisfaction of the City of London and referenced to NAD63UTM horizon control network for the City of London mapping program. Prior to final approval, the Approval Authority shall be advised by the City Clerk of the City of London that appropriate zoning is in effect for this proposed subdivision. The Owner shall in an agreement 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. The subdivision agreement between the Owner and the City of London shall be registered against the lands to which it applies. The Owner shall grant to the appropriate authorities such easements as may be required for utility or drainage purposes. The subdivision agreement between the Owner and the City of London may contain phasing arrangements to the satisfactory to the General Manager of Planning and Development and the City Engineer. The Owner shall implement the requirements of the City of London concerning sedimentation and erosion control measures during all phases of construction. The Owner s consulting engineer shall have these requirements established and approved by the City Engineer, prior to any work on the site. Prior to the commencement of any grading or alteration on site, the Owner shall enter into a site alteration agreement or a subdivision agreement and post the required security. 11

12 pgenda Item;, Page#, / J. LEUNISSEN The Owner shall not commence construction or install of any services (eg. Clearing or servicing of land) involved with this plan prior to entering into a site alteration agreement or subdivision agreement and obtaining all necessary permits, approvals and/or certificates that need to be issued in conjunction with the development of the subdivision, unless otherwise approved by the General Manager of Planning and Development in writing; (eg. MOE certificates; City/Ministry/Agency permits: Approved Works, water connection, water-taking, navigable waterways; approvals: UTRCA, MNR, MOE, City; etc; etc.). Prior to the submission of engineering drawings, the Owner shall have a report prepared by a qualified consultant, and if necessary a detailed hydro geological investigation carried out by a qualified consultant, to determine the effects of the construction associated with this subdivision on the existing ground water elevations and domestic or farm wells in the area, to the satisfaction of the City Engineer. If necessary, the report shall also address any contamination impacts that may be anticipated or experienced as a result of the said construction. Any recommendations outlined in the report shall be reviewed and approved by the City Engineer, included in the pertinent agreement(s) with the City of London prior to any work on the site. Should any remedial works be recommended in the report, the Owner shall complete these works to the satisfaction of the City, at no cost to the City. No 5% parkland dedication is required, as the parkland dedication was takenlor cash-inlieu provided in conjunction with draft plan 39T The Owner shall design and construct a pathway system through Block 73 to the satisfaction of Parks Planning and Design at no cost to the City and that the path shall ]be constructed prior to any applications for full building permits. The Owner shall construct a 1.5 m high chain link fence along property line of Block 73 where Block 73 abuts a residential lot, except where another fence or wall is required. The Owner shall obtain approval from the London Fire Department prior to any burning of materials on-site. Prior to the submission of engineering drawings, the Owner shall have a qualified acoustical consultant prepare a noise study concerning the impact of traffic noise on lots within this plan. The noise study shall be in accordance with the requirements of the M.O.E. and reviewed and accepted by the General Manager of Planning and Development. The final accepted recommendations shall be incorporated into the subdivision agreement with the City of London. 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. 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". In order to address the issue of on-street parking within this small lot development, the Owner shall as part of the submission for engineering drawings design 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. The approved parking plan required for each registered phase of development and will form part of the subdivision agreement for the registered plan. Prior to assumption of the subdivision by the City of London, the Owner shall have its consulting engineer and/or surveyor certify for each lot /block that the width of the as built driveways complies with Zoning By-law Z-1 to the satisfaction of the General Manager of Planning and Development. Further, the Owner shall rectify any deficiencies identified by the consulting engineer at no cost to the City. 12

13 r---7 A enda Item # Pa e # 39T-05501/ J. LEUNISSEN 25. Prior to the initial submission of engineering drawings for Street B, the Owner shall prepare a detailed Tree Preservation Plan to be completed and accepted by the Manager of Parks Planning and Design: Where lot grading conflicts arise in the subdivision, the grading as recommended in the detailed Tree Preservation Plan shall be implemented where possible to the satisfaction of the City Engineer and the Manager of Parks Planning and Design The Owner shall connect the proposed sanitary sewers to serve this plan to proposed sanitary sewers on the future Thistlewood Drive to the satisfaction of the City Engineer. In the event the future outlet sewer is not available, the Owner shall construct a sanitary trunk sewer from the easterly limits of 33M-467 to the satisfaction of the City Engineer to service this plan. The Owner shall connect the proposed storm sewer to serve this plan to the existing storm sewers in plan 33M-467 or the future storm sewer extension in the Stoney Creek Phase 3 subdivision to the satisfaction of the City Engineer. The Owner shall connect the proposed watermains to serve this plan to the proposed watermain on Thistlewood Drive to the satisfaction of the City Engineer. In the event the future watermain is not available, the Owner shall construct a watermain from the easterly limits of 33M-467 to the satisfaction of the City Engineer to service this plan. Street A road allowance alignment shall be perpendicular to Thistlewood Drive, The Owner shall construct 1.5 m (5 ft) sidewalk on the outside boulevards of Street A The Owner shall construct all sidewalks on Sunningdale Road East as required under Phase II (33M-467) prior to submitting building permit applications in this plan. 32. The Owner shall direct all construction traffic associated with this draft plan to Thistlewood Drive and Blackwater Road from Adelaide Street North or other routes designated by the City Engineer or the General Manager of Planning and Development The Owner shall construct a 1.6 to 1.8 m high berm with returns along the rear of all lots facing Sunningdale Road East as recommended by J. E. Coulter Associated Limited in their Noise Impact Feasibility Study dated August 25, 2005 and addendum Letter dated October 14,2005. The Owner shall not submit building permit applications for Lots 11 to 21, both indusive and Lots 59 to 62, both inclusive, with a window to floor area ratio of greater than 40% without confirmation from a qualified noise consultant that indoor noise levels comply with MOE guidelines The Owner shall have all site and building drawings reviewed for consistency with MOE guidelines prior to the submission of building permit applications The limit of residential lots abutting Block 73 as red-line amended shall be the top of the noise attenuation berm. The Owner shall plant the north side of the noise attenuation berm generally in keeping with the landscaped plan and to the satisfaction of the Manager of Parks Planning and Design. The Owner shall be responsible for maintenance of the north side of the berm as follows: a) The Owner shall submit a certificate to the City indicating landscaping has been installed as per the approved landscaped plan. b) One year after acceptance of the certificate as described in a), the Owner shall submit a certificate stating the berm has been inspected and corrective measures, if required, have been taken to return it to compliance with the accepted landscaped plan. c) Four years after acceptance of the certificate as described in a), the applicant shall submit a certificate stating the berm has been inspected and corrective measures, if required, have been taken to return it to compliance with the accepted landscaping plan. 13

14 mm,, (Agendaltemi A Item# Page# 39T-05501/ J. LEUNISSEN d) The four year period of maintenance of the landscaping on the noise attenuation berm shall be independent of assumption of the remainder of the subdivision The Owner shall construct a decorative fence of fence of similar design, material and height on top of the noise attenuation berm prior to the submission of building permits to the satisfaction of the Manager of Subdivision and Special Projects. The Owner shall provide separate security for the noise attenuation berm, landscaping and decorative fence. The Subdivision Agreement shall contain clauses that all agreements of purchase and sale or lease provide notice to the public the noise attenuation berm and decorative fence are not to be tampered with or altered and further that the owner shall have sole responsibility for maintaining these features in accordance with the approved plan andlor provision or set of provisions included in the subdivision agreement. The Subdivision Agreement shall contain clauses that all agreements of purchase and sale or lease provide notice to the public that traffic volumes along Sunningdale Road East will increase in the future and noise levels may interfere with normal outdoor activities. The Subdivision Agreement shall contain clauses that all agreements of purchase and sale or lease provide notice to the public that Sunningdale Road East may be widened in the future and there is no obligation on the part of the City of London to construct a noise wall in association with the widening. Prior to final approval, the Owner shall satisfy all requirements of the Department of Fisheries and Oceans Canada. Prior to final approval, the Owner shall satisfy all requirements of the Upper Thames River Conservation Authority. 14

15 El& A enda Item # Pa e # Appendix "39T " Municipal Requirements 39T-05501/ J. LEUNISSEN A. SEWERS 8 WATERMAINS 1. Sanitary: a) The Owner agrees to connect the proposed sanitary sewers to serve this plan to a municipal sewer system, namely, the proposed 375 mm (15") sanitary extension to be constructed on the future Thistlewood Drive road connection in conjunction with the Stoney Creek Phase 3 Subdivision adjacent to this draft plan which will ultimately outlet to the existing 525 mm (21") sewer on Creekside Street in Stoney Creek Phase 2 Subdivision (M-467) to the west. b) c) In the event these future outlet sewers are not available in the adjacent Phase 3 subdivision at the time this plan develops, the owner agrees to construct the sanitary trunk sewer extension, easterly (in Phase 3) outside this plan from the limits of Phase 2 along the future extension of Thistlewood Drive to the existing 375 mm (15") sanitary sewer on Thistlewood Drive at South Wenige Drive (in the Duncairn Subdivision, Plan M-401) complete with all necessary sewer easements, all to the specifications of the City Engineer. The proposed subdivision is located in the Adelaide Pollution Control Plant sewerage shed, and registration of the plan and subsequent development is subject to the availability of sewage treatment capacity at that treatment plant for this subdivision Storm: The owner acknowledges that, if treatment capacity is available at the said treatment plant at the time the subdivision agreement is prepared, then capacity for this subdivision will be reserved at that time by the City Engineer on the condition that registration of the subdivision agreement and the plan of subdivision occur within one (1) year of the date specified in the subdivision agreement. Failure to register the plan within the specified time may result in the owner forfeiting the allotted treatment capacity and, also, the loss of his right to connect into the outlet sanitary sewer, as determined by the City Engineer. In the event of the capacity being forfeited, the owner must reapply to the City to have reserved sewage treatment capacity reassigned to the subdivision. a) The owner shall connect the proposed storm sewer to serve this plan to a municipal sewer system, namely, the existing storm sewers located in Stoney Creek Phase 2 Subdivision (M-467) and via the future sewer servicing in Phase 3 adjacent to this plan (on the future Thistlewood Drive extension), which in turn outlets to the Meadow Marsh SWM Facility located within Plan 33M-467 and located in the Stoney Creek Subwatershed. b) The owner shall have a consulting professional engineer design and construct the proposed stormlservicing system for the subject lands, all to the satisfaction of the City Engineer and according to the requirements of the following: i) the SWM targets and criteria for the Stoney Creek Subwatershed Study; ii) the Stoney Creek Subdivision Stormwater Management Plan Detailed Design Report (Revised); iii) The City's Drainage By-law, lot grading standards, policies, requirements and practices; 15

16 mn Agenda Item# Pa e# u- 39T-05501/ J. LEUNlSSEN iv) The Ministry of the Environment SWM Practices Planning and Design manual; and v) Applicable Acts, Policies, Guidelines, Standards and Requirements of all relevant SWM agencies. c) The owner agrees to provide adequate easements, if required, at no cost to the City, in relation to stormwaterldrainage servicing of the subject lands. d) The owner agrees that all issues associated with the separation distances and setbacks from the existing, recently remediated Northdale Tributary Channel will be identified by its consulting geotechnical engineer to ensure the required bank stability, all to the satisfaction of the City Engineer. e) 9 The owner agrees to ensure any other required setbacks related to the ecological condition of the Northdale Tributary Channel will be accommodated to the satisfaction of the City Engineer. Furthermore, the owner's professional engineer will ensure the sanitary sewer alignment does not adversely impact on the water resources functionality of said channel. The owner agrees to promote the implementation of SWM soft measure Best Management Practices (BMP's) within the plan, where possible, to the satisfaction of the City Engineer. The acceptance of these measures by the City will be subject to the presence of adequate geotechnical conditions within this plan and the approval of the City Engineer. g) The owner agrees, prior to final approval, to have its consulting professional engineer identify the major and minor storm flow routes for the said catchment area to the satisfaction of the City Engineer. h) i) The owner shall ensure that increased and accelerated stormwater runoff from this subdivision shall not cause damage to downstream lands, properties or structures beyond the limits of this subdivision and notwithstanding any requirements of the City, or any approval given by the City Engineer, the owner shall indemnify the City against apy damage or claim for damages arising out of or alleged to have arisen out of such increased or accelerated stormwater runoff from this subdivision. The owner hereby 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. Water Mains: a) The owner agrees to connect the proposed watermains to serve this plan to a municipal water system, namely, to the proposed municipal 250 mm (IO") diameter water main on Thistlewood Drive adjacent to this plan to be constructed as part of the requirements of Phase 3. b) In the event the watermain is not available when this plan proceeds, the owner agrees to extend the existing 250 mm (IO) main on Thistlewood Drive at Creekside Street to the existing 250 mm (IO) watermain on Thistlewood Drive at South Wenige Drive across the frontage of this plan. 4. General: a) The owner agrees to connect the sewers and water mains to be constructed in this subdivision to the existing outlets and watermain@) to the specifications of the City Engineer. b) The owner agrees to make arrangements with the affected property owner(s) for the construction of any portions of the outlet sewers situated 16

17 , r l t e i n i Page#, 39T-05501/ J. LEUNISSEN on private lands outside this plan, and to provide satisfactory easements over the sewers as necessary, all to the specifications of the City Engineer. c) d) 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. The owner agrees that no weeping tile connections will be permitted into the sanitary sewers within this plan. B. STREETS, TRANSPORTATION & SURVEYS 1. Roadwav Alicinments and Geometries: a) The cul-de-sac on Street 6 is to be constructed in accordance with City of London Standard DWG. SR-5.0. The owner may provide a raised circular center island (R=8.0 m) 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 standards: Road Allowance i) 20 m ii) 19 m iii) 18 m SIL Radius 9.0 m 9.5 m 10.0 m c) At tee intersections, the projected road centerline of the intersecting street is to intersect the through street at 90 degrees with a minimum 6 metre (20 ) tangent being required along the street lines of the intersecting road. d) e) The owner agrees to include reduced radii (5.0 m) on the inbound approach to Street A and Street 6 from Thistlewood Drive. The owner agrees to re-align Street A to be perpendicular to Thistlewood Drive. 2. Minimum Centreline of Road Radii: All streets in the subdivision are to have centerline radii which conform to the City of London Standard Minimum Centreline Radii of Curvature of Roads in Subdivisions. 3. Road Widths: a) Street A is to have a minimum road pavement width (excluding gutters) of 7.0 metres (23 ) with a minimum road allowance of 19 metres (62 ), except where it is parallel to Sunningdale Road East. b) c) Street B is to have a minimum road pavement width (excluding gutters) of 6.0 metres (19.7 ) with a minimum road allowance of 18 metres (60). 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 and the General Manager of Planning and Development. 17

18 rlternr, Page#, 39T-05501/ J. LEUNISSEN d) The owner agrees to install parking restrictions on one side of any street that requires an on-street parking plan, as identified by the General Manager of Planning & Development, to the specifications and satisfaction of the City Engineer. The owner further agrees to notify the builders and future homeowners, in writing, of this parking restriction prior to applying for building permits. 4. SidewalkslBikewavs: a) The owner agrees to construct a 1.5 metre (5) sidewalk on one side of the following streets: i) Street 'A - outside boulevard b) c) The owner agrees that the proposed sidewalks on Sunningdale Road East and Adelaide Street North to be constructed under Phase 2 (33M- 467) are to be completed prior to applying for building permits in this plan. 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 agrees that the left turn lane on Adelaide Street North at Blackwater Road, with sufficient storage and taper to accommodate the traffic demand anticipated as a result of the full build out of the Stoney Creek Planning Area, to be constructed under Phase 2 (33M-467) are to be completed prior to applying for building permits in this plan. 6. Road Widenina: The owner will be required to dedicate sufficient land to widen Sunningdale Road East to 18.0 metres (59.06') from the centerline of the original road allowance or existing road. 7. Vehicular Access: The owner agrees that no vehicular access will be permitted to Lots and Block 73 from Sunningdale Road North. All vehicular access is to be via the internal subdivision streets, Street 'A and Street 'B'. 8. Construction Access Roads: a) The owner agrees to direct all construction traffic associated with this draft plan of subdivision to utilize Thistlewood Drive and Blackwater Road from Adelaide Street North or other routes as designated by the City Engineer. b) The owner agrees that, in the event that an emergency access is required by the General Manager of Planning and Development 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. 9. General: a) The area of all blocks, except street widenings and reserves, shall be shown on the pian to be registered. b) The sub divider agrees to establish and maintain a Traffic Management Plan (TMP) in conformance with City guidelines and to the satisfaction of the City Engineer for any construction activity that will occur on existing 18

19 LI A enda Item # 39T-05501/ J. LEUNISSEN 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 sub dividers 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. c) Blocks for 0.3 m (1') reserves will be required at the following locations: i) along the entire frontage of Sunningdale Road East where lots flank Sunningdale Road East. C. GENERAL CONDITIONS 1. The owner agrees to have the common property line of Sunningdale Road East graded in accordance with the City of London Standard "Subdivision Grading Along Arterial Roads" at no cost to the City, except as permitted otherwise by the Urban Works Reserve Fund By-law. Further, the grades to be taken as the centerline line grades on Sunningdale Road East are the future centerline of road grades as determined by the owner's professional engineer and accepted by the City Engineer. From these, the owner's professional engineer is to determine the elevations along the common property line which will blend with the reconstructed road. 2. a) The owner agrees to advise the City in writing at least two weeks prior to connecting, either directly or indirectly, into any unassumed services constructed by a third party, and to save the City harmless from any damages that may be caused as a result of the connection of the services from this subdivision into any unassumed services. Prior to connection being made to an unassumed service, the following will apply: 1) The unassumed services must be completed and Conditionally Accepted by the City; ii) The owner must have a video inspection completed on all affected unassumed sewers; b) The owner further agrees to pay a proportional share of the operational, maintenance and/or monitoring costs of any affected unassumed sewers or SWM facilities (if applicable) to third parties that have constructed the services andlor facilities, to which the owner is connecting. The abovenoted proportional share of the cost shall be based on contributing flows for sewers or on storage volume in the case of a SWM facility. The owner's payments to third parties, shall: i) commence upon completion of the owner's service work connections to the existing unassumed services; and ii) continue until the time of assumption of the affected services by the City. 3. With respect to any services and/or facilities constructed in conjunction with this plan, the owner agrees to permit the connection into and use of the subject services andlor facilities by outside owners whose lands are served by the said services and/or facilities, prior to the said services and/or facilities being assumed by the City. The connection into and use of the subject services by an outside owner will be conditional upon the outside owner satisfying any requirements set out by the City, and agreement by the outside owner to pay a proportional share of the operational maintenance and/or monitoring costs of any affected unassumed services andlor facilities. 19

20 Item[, Page #, 39T-05501/ J. LEUNISSEN The owner agrees to construct all municipal services 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. 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 EngineerIChief Building Official immediately, and if required by the City EngineedChief Building Official, the owner/contractor will, at his own expense, retain a professional engineer competent in the field of methane gas to investigate these deposits and submit a full report on them to the City Engineer/Chief 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 Engineer/Chief Building Official and at the expense of the ownekontractor, before any construction progresses in such an instance. The report shall include provision for an ongoing methane gas monitoring program, if required, subject to the approval of the City Engineer and review for the duration of the approval program. If a permanent venting system or facility is recommended in the report, the owner further agrees to register a covenant on the title of each affected lot and block to the effect that the owner of the subject lots and blocks must have the required system or facility designed, constructed and monitored to the specifications of the City Engineer, and that the owners must maintain the installed system or facilities in perpetuity at no cost to the City. The report shall also include measures to control the migration of any methane gas to abutting lands outside the plan a 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. The owner will be required to install standard barricades/warning signs at the limits of dead end streets within this plan to the specifications of the City Engineer. The owner s professional engineer is to determine the need for an Environmental Assessment under the Class EA requirements for the provision of any services related to this plan. No construction involving installation of services requiring an EA is to be undertaken prior to fulfilling the obligations and requirements of the Province of Ontario s Environmental Assessment Act. Minimum side yard setbacks will be required as specified by the City Engineer for buildings which are adjacent to rear yard catch basin leads which are not covered by an easement on lots in this plan. The owner agrees to have its engineer notify existing property owners in writing, regarding the sewer and/or road works proposed to be constructed on existing City streets in conjunction with this subdivision, all in accordance with Council policy for Guidelines for Notification to Public for Major Construction Projects. The owner will be required to comply with the City s tree planting policy with respect to provisions of trees for this subdivision. The owner agrees that construction or installations of any kind (eg. clearing or servicing of land) involved with this plan shall be undertaken prior to obtaining all necessary permits, approvals and/or certificates that need to be issued in 20

21 m-7 Agenda Item # Pa e # uu 39T-05501/ J. LEONISSEN conjunction with the development of the subdivision, unless otherwise approved by the City in writing; (eg. MOE Certificates; City/Ministry/Government permits: Approved Works, water connection, water-taking, crown Land, navigable waterways; approvals: UTRCA, MNR, M E, City; etc.) 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 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 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. The owner will be required to resubmit a revised draft plan for this subdivision to the Environmental and Engineering Services Department (Development Services Division) showing any amendments or revisions made to this plan as a result of any requirements and/or conditions covering the plan, or otherwise (ie. owner initiated), prior to final approval being issued. The owner agrees that, should this plan be developed in stages, 0.3 m reserves will be required at the end of all dead-end road allowances, across future road connections and along any open sides of road allowances. Permanent reserves are to be located outside the road allowance, temporary reserves are to be allocated from the road allowance and form part of the design width. Reserve blocks should be separated into parts where it is anticipated that it would facilitate future development of abutting lands. 16. 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. 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. 21

22 Agenda Item # Page # 39T J. Leunissen GENERAL MANAGER AND DEVELOPMENT LOCATION: LANDS BETWEEN SUNNINGDALE ROAD EAST AND THISTLEWOOD DRIVE, EAST OF SOUTH WENIGE DRIVE PUBLIC PARTICIPATION MEETING ON That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the application of Auburn Developments Inc. relating to lands between Sunningdale Road East and Thistlewood Drive, east of South Wenige Drive, legally described as Part of Lot 12, Concession 5 (geographic Township of London): on the advice of the Administrative Planning Advisory Group, the Approval Authority BE REQUESTED to refuse the draft plan of residential subdivision submitted by Auburn Developments Inc. (File No. 39T-05501), prepared by MHBC Planning, certified by Andrew Smith, Ontario Land Surveyor, (Drawing No. N:/Y142'N"/DP_JANI DWG), dated January 17, 2005, which shows 72 single detached dwelling'iots, 1 stormwater management block and several road widening and reserve blocks; the Approval Authority be requested to approve a draft,plan of residential subdivision attached which shows 74 single detached dwelling lots, 1 stormwater management block and several road widening and reserve blocks served by the extension of Thistlewood Drive and two new streets, SUBJECT TO the conditions contained in the attached Appendix "39T 'I; on the advice of the Administrative Planning Advisory Group, the Draft Approval of the draft pian of residential subdivision (File No. 39T-05501) BE APPROVED, SUBJECT TO the Municipal Requirements contained in the attached Appendix "39T ; a by-law BE INTRODUCED at the Municipal Council meeting on September 19, 2005 to amend Zoning By-law No. 2.-I in accordance with the attached by-law (in conformity with the Official Plan) to change the zoning of the subject lands FROM a Residential R5/R6 (R5-7/R6-5) Zone which permits various forms of cluster housing to a maximum density of 60 units per hectare (24 units per acre) TO a Residential R1 (RI-13) Zone which permits single detached dwellings on lots with a minimum lot area of 270 mz (2,906 ftz) and a minimum lot frontage of 9.0 m (29.5 ft), a Residential R1 Special Provision (RI-13( )) Zone which allows a front yard setback of 3.0 (9.8 ft), and an Open Space (OSI) Zone which permit conservation lands, parks, conservation works for flood and erosion control and recreational uses associated with conservation lands and public parks. the applicant BE ADVISED that the General Manager of Environmental and Engineering Services has projected the following claims and revenues information: Estimated Estimated Revenue Claims Urban Works Reserve Fund $ 266, Claim (excluding SWM) -_ $ Nil SWM claim (including land) -- $ 235,000 Development & LDCSB Charges Reserve Fund $ 663,696 NIL _ L--- Total $ 929,880 $ 235,000

23 ~~ ~ ~~ ~~~ ~ _. ~~ ~~~ ~~. ~ Agenda Item # Page # 2 39T-05501/ J. Leunissen Note: (1) ESTIMATED REVENUES FROM DEVELOPMENT, LONDON DISTRICT CATHOLIC SCHOOL BOARD (LDCSB), AND URBAN WORKS CHARGES ARE BASED ON CURRENT RATES IN ACCORDANCE WITH BY-LAW THIS INFORMATION IS REPORTED IN ACCORDANCE WITH THE DEVELOPMENT CHARGES AND URBAN WORKS FUND BY-LAW (IE. C.P ). AND ANY AMENDMENTS THERETO. ANY CLAIM PAYMENT FROM THE URBAN WORKS RESERVE FUND WILL BE IN ACCORDANCE WITH BY-LAW NO. C.P ANDASAPPROVED BY THE CITY ENGINEER. (3) ESTIMATED REVENUES AND ESTIMATED CLAMS ARE BASED ON IhFORMATlOh PROVIDE0 8Y THE APPLICAhT AND ARE PROVIDED FOR IhFORMATlON P-RPOSES ON-Y THEY DO NOT COhSTITJTE ANY COMMITMENTS ON BEHA-F OF TAE CITY OF LONDON ACTUAL REVENUES AND CLA.MS W.LL BE DETERMINED IN CONJUNCTION WITH THE SUBDIVISION A~RE~MFNT ANT) ISSIIANCF OF BUILDING PERMITS. THE BY-LAWS IN EFFECT AT THE TIME OF BUILDING PERMITS BEING ISSUED WILL ESTABLISH FINAL CLAIMS AND REVENUES, Original draft plan - 39T The recommended draft plan implements Official Plan policies for both the Multi-Family, Medium Density Residential areas and the noise attenuation policies for residential land uses adjacent to arterial roads. 2. The recommended plan maintains the Northdale Tributary corridor which will accommodate municipal infrastructure and a possible future pedestrian trail. Residential lots abutting the tributary block are of sufficient size to support most activities found in the rear yard of a single detached dwelling. 3. The recommended zoning will allow small lot single detached dwellings on free-hold lots as proposed by the applicant. 4. The submitted plan is not recommended because it contains single detached dwellings with their rear yard abutting an arterial road contrary to the Official Plan. This form of development will necessitate a noise attenuation wall which is contrary to the objectives of the recently adopted noise attenuation policies for residential land uses.adjacent to arterial roads. The submitted plan will require future significant capital costs expenditures by the City. Agent: Steve Stapieton REQUESTED ACTION: Draft approval of a residential Plan of Subdivision showing 72 single detached dwelling lots, 1 stormwater managemenuopen space block and several road widening and reserve blocks served by 2 new streets. The applicant has also requested the lands be zoned Residential R1 (RI-13) Zone which would permit single detached dwellings on lots with a minimum lot area of 270 mz (2,906 ftz) and a minimum lot frontage of 9.0 m (29.5 ft).

24 Applicant: Auburn Developments Inc. File Number: 39T-05501Z-6853 CORPORATION OF THE CITY OF LONDON Prepared By: PD - Planning Created By: Jeffery Leunlssen Date: 8/12/20._ N.2Draft Approved Parcels Registered Interim Parcels a imperial oil Pipeline (20 rn buffer) Sun-Canadian Oil ^...,^^, ~ 2 Addresses

25 .

26 Agenda Item # Page # 5 39T J. Leunissen Current Land Use - Vacant of buildings and structures. The eastern portion of the site contains woodlands. The western portion has been regraded and several topsoil stockpiles. Separating these two features is a small stream (Northdale Tributary). - Sunningdale Road East Frontage m (945 ft) 297m (975 ft) - Thistlewood Drive Depth m (547 ft) east boundary m (564 ft) west boundary Area ha (11.7 ac) Shape - Generally rectangular 1 SURROUNDING LAND USES: North -Agriculture - cash crops, designated for future medium density residential uses South -Single detached dwellings under construction, future public park, small watercourse I 1 East - Single detached dwellings West - Vacant land - intended for future medium density residential uses The subject lands were annexed into the City of London on January 1, Stonev Creek Communitv Plan Area In 1998 the Stoney Creek Community Plan bounded by Fanshawe Park Road East, Adelaide Street North, the new City boundary and Highbury Avenue was initiated. After considerable consultation with commenting agencies, municipal departments and the public, the Community Plan lead to the adoption of several Official Plan amendments which identified specific future land uses for this area. The Official Plan Amendments were subsequently appealed to the Ontario Municipal Board by numerous parties. The Ontario Municipal Board issued its Decision in February 2000 allowing the appeal in part. For the original Crich lands, the Board Decision resulted in portions of the Northdale Forest and Northdale Tributary being designated Open Space. The remaining lands were designated Low Density Residential; Multi-Family, Medium Density Residential; and Neighbourhood Shopping Area.

27 I1 SUBJECT II /,ITE I LEGEND DOWNTOWN AREA a REQIONAL SHOPPING AREA COMMUNITY SHOPPING AREA NEIGHBOURHOOD SHOPPING AREA ASSOCIATED SHOPPING AREA COMMERCIAL OFFICE AREA OFFICE/RESIDENTIAL OFFICE BUSINESS PARK GENERAL INDUSTRIAL a LIGHT INDUSTRIAL 0 DEFERRED AREAS --I AREAS!.-.I UNDER APPEAL BUSINESS DISTRICT ARTERIAL MIXED USE DISTRICT HIGHWAY SERVICE COMMERCIAL RESTRICTEDIHIQHWAY SERVICE COMMERCIAL a RESTRICTED SERVICE COMMERCIAL COMMERCIAL POLICY AREA MULTl -FAMILY, HIGH DENSITYRESIDENTIAL MULTl - FAMILY, MEDIUM DENSITY RESIDENTIAL a LOW DENSITY RESIDENTIAL REGIONAL FACILITY COMMUNITY FACILITY OPEN SPACE URBAN RESERVE -COMMUNITY GROWTH URBAN RESERVE - INDUSTRIAL GROW RURAL SETILEMENT ENVIRONMENTAL REVIEW 0 AGRICULTURE 4 URBAN GROWTH BOUNDARY THIS IS AN EXCERPT FROM THE PIANNINO DIVISION'S WORKINQ CONSOUOATION OFSCHEDULE A lu THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS CITY OF LONDON DEPARTMENT OF PLANNING AND DEYELOPMENT FILE NO. 39T MAP PREMRED JL OFFICIAL PLAN SCHEDULE A - LAND USE PREPARED By: Qmphlcs R lnformatlon Sewlccm...,.^^._.^.,.,,-. _ August 18,2005 CK 0 MX) 1WO 1MX)m SCALE 1:30,000 -

28 md COUNCIL APPROVED ZONING FOR 1) LEGEND FOR ZONING BY-LAWZ-I R1 -SINGLE DETACHED DWELLINGS R2 - SINGLE AND TWO UNIT DWELLINGS R3 -SINGLE TO FOUR UNIT DWELLINGS R4 - STREET TOWNHOUSE R5 CLUSTER TOWNHOUSE R6 -CLUSTER HOUSING ALL FORMS R7 -SENIOR'S HOUSING R8 -MEDIUM DENSITYILOW RISE APTS. R9 -MEDIUM TO HIGH DENSITYAPTS. R10 - HIGH DENSITY APARTMENTS R11 -LODGING HOUSE DA - DOWNTOWN AREA RSA -REGIONAL SHOPPING AREA CSA - COMMUNITY SHOPPING AREA NSA - NEIGHBOURHOOD SHOPPING AREA BDC ~ BUSIhESS DISTRICT COMMERCIAL AC - ARTERIAL COMMERCIAL HS -HIGHWAY SERVICE.~.~ ~- COMMERCIAL RSC ~RESTRICTED SERVICE COMMERCIAL CC - CONVEhiEhCE COMMERCIAL SS -AUTOMOBILE SERVICE STATION ASA -ASSOCIATED SHOPPING AREA COMMERCIAL THE SUBJECT SITE R5-7/R6-5 OR - OFFICURESIDENTIAL OC -OFFICE CONVERSION RO -RESTRICTED OFFICE OF -OFFICE FOR TOWNSHIP ZONES PLEASE SEE THE RELEVANT ZONING BY-LAW FORA DESCRIPTION OF REGULATIONS CITY OF LONDON DEPARTMENT OF PUNNING AND DEVELOPMENT ZONING BY-LAW NO. 2.-I SCHEDULE A mis MAP IS AN UNOFFICIAL EXTRACT FROM THEZONING BY-LAW WITH ADDED NOTATIONS RF -REGIONAL FACILITY CF - COMMUNITY FACILITY NF ~ NEIGHBOURHOOD FACILITY HER -HERITAGE DC -DAYCARE OS - OPEN SPACE CR - COMMERCIAL RECREATION OB - OFFICE BUSINESS PARK LI I LIGHT INDUSTRIAL GI -GENERAL INDUSTRIAL HI... - HFAW INDUSTRIAL EX -RESOURCE EXTRACTIVE UR -URBANRESERVE "h" -HOLDING SYMBOL "D" - DENSITY SYMBOL "H" - HEIGHT SYMBOL "8" -BONUS SYMBOL "T' -TEMPORARY USE SYMBOL FILE N O 39T-05501/ MAP PREPARED: ioaii a 1: I00 Meters JL CK

29 .- Agenda Item # Page # a 39T J. Leunissen The subject lands of this application were designated Multi-Family, Medium Density Residential by the OMB Previous Draft Plan of Subdivision In February 1999 the applicant submitted a plan of subdivision application for ha (72 ac) of land located on the southeast corner of Sunninndale Road East and Adelaide Street North (our file 39T-99506). The application was circulated to the required agencies, municipal departments and the public; however, prior to the public meeting before the Planning'Committee the applicant appealed the application to the Ontario Municipal Board on the grounds the Approval Authority had not reached a decision within 90 days after its submission. Pursuant to a series of Ontario Municipal Board hearings and Decisions, a settlement between the City, the Owner and the residents was reached and the OMB draft approved the plan with conditions on July 11, (see page 9) Phase I of the draft pian was registered as 33M-426 on July 24, 2001 and phase 2 was registered on July 29, 2003 as plan 33M-467. The Ontario Municipal Board granted a three year extension to the plan on October 14, The subject lands of this application are located within plan 39T-99506, identified as Blocks 208 and 209 respectively. Both blocks are identified as multi-family residential blocks. Condition of draft plan approval No. 40 requires a noise report prepared by a qualified consultant and acceptable to the City of London prior to site plan approval and entering into a development agreement. Concurrent with the draft pian application, a zoning by-law amendment was submitted to the City and subsequently appealed to the OMB. The OMB approved zoning for the subject lands is Residential R5/R6 (R5-7/R6-5) Zone, which permits various forms of cluster housing to a maximum density of 60 units per hectare (24 units per acre). Earlier this year, the owner requested permission to undertake preliminary site grading on lands within draft approved plan 39T This site alteration request involves lands on both sides of Thistiewood Drive including lands within proposed draft pian 39T In accordance with standard practice, the General Manager of Planning and Development entered into a site alteration agreement with the owner. The agreement prohibits the removal of trees between the re-constructed Northdale Tributary and the single detached dwelling lots fronting on South Wenige Drive until the draft approval on this application has been granted by the City df London Approval Authority. R SIGNIFICANT DEPARTMENTIAGENCY COMMENTS Environmental and Engineering Services Department Sanitary The proposed plan will be serviced by the proposed 375 mrn (15") sanitary extension on the future Thistlewood Drive which is to be constructed in conjunction with the Stoney Creek Phase 3 Subdivision. Storm This pian will be serviced by the storm sewer to be constructed in association with phase 3 of the Stoney Creek Subdivision, the existing storm sewer in phase 2 of the Stoney Creek Subdivision which outlets into the Meadow Marsh SWM Facility. The owner shall provide adequate easements in relation to stormwateddrainage servicing. Also, the owner shall provide appropriate separation distances and setbacks from the Northdale Tributary Channel to ensure bank stability, ecological condition and water resource functionality. &a& Water services will be provided by the proposed 250 mm (IO) watermain to be constructed on Thistlewood Drive as part of Phase 3 of the Stoney Creek Subdivision.

30 Agenda Item # Page # 9 39T-05501/ J. Leunissen!.

31 Agenda Item # Page # 10 39T-05501/ J. Leunissen Transoortation The Owner will be required to construct a 2.5 m (5 ft) sidewalk on the outside boulevard of Street A. In addition, construction traffic associated with this draft plan shall utilize Thistlewood Drive and Blackwater Road from Adelaide Street or other routes as designated by the City Engineer. Should parking restrictions be required on one side of any street, the Owner will be required to notify the homeowners, in writing, of this parking restriction prior to applying for building permits. Prior to the applying for building permits, the following works required under Phase 2 (33M-467) must be completed: -sidewalks on Sunningdale Road East and Adelaide Street North; and -the left turn lane on Adelaide Street North at Blackwater Road. Planning Note: the EESD response is to the submitted plan. The recommended plan may necessitate revisions to their recommended conditions. London Transit London Transit has reviewed this proposed plan of subdivision and has he following comments: The adjacent collector road (Thistlewood Drive) is planned to form part of a future transit route, including possible future two-way service. As a municipal condition of draft approval, we request the developer agree to meet LTC requirements with respect to the construction and installation of future bus stop locations within the subdivision. These include: 1. marking proposed bus stop locations on the appropriate engineering drawings; 2. installation and maintenance (until assumption by the municipality) of advanced signage indicating Possible Future Transit Stop Area in the approximate stop locations; 3. providing for an adequate landing area (Le. minimum 12.5 metre long curb face for both front and rear doors of a standard city bus) in area where traffic calming is applied, and; 4. installation of concrete pads at the stop locations as the adjacent sidewalks are built; generally a 1.5 metre wide connector pad between the curb and the City sidewalk. The exact stop locations can be field located as the curbs in the development are built, at which time the developer should install the signpost and the sign (sign to be provided by LTC). The potential future transit stop locations, subject to Transportation Division approval, are as follows: 1, Westbound Thistlewood Drive, ease of Street 6, adjacent to Lot # 72. Any traffic calming measures, if warranted, should consider the impact on planned transit routes and stops, including: 1, avoiding the use of horizontal and/or vertical deflections (Le speed humps); 2. where transit stop locations are impacted by traffic calming measures such as curb extensions, designing the stop area to the relevant City of London design specifications; and 3. construction traffic circles to the City design standard, as a minimum. London Hydro Servicing this proposal should present no foreseeable problems. County of Middlesex County Staff have reviewed these applications and will offer no comment Canada Post This subdivision will receive mail service to centralized mail facilities provided through our Community Mailbox Program.

32 Agenda Item # Page # I1 39T-05501/ J. Leunissen PUBLIC LIAISON: Notice of the proposal was sent to 50 surrounding property owners on January 27, 2005 and a notice of proposal was advertised in the Living in the City section of the London Free Press on February 5, A Possible Land Use Change sign has also been posted on the site. To date three (3) telephone and two (2) responses have been received Nature of Liaison: Same as Requested Action Responses: A summary of the public responses can be found below. comments from area property owners can be found in Appendix 3. More detailed All but one of the respondents indicated they are a resident of South Wenige Drive and all of the South Wenige Drive residents.expressed concerns that the proposal will result in the removal of removal of trees behind their backyards. One resident indicted she was told development would only occur west of the creek. Another resident believes leaving a small amount of trees would increase property values and make the homes more appealing to prospective home buyers. Other concerns raised by area residents include: permitting additional development in an area without support services Le. a new fire hall; noise generated by construction, loss of privacy and comfort, and construction and commercial traffic on area streets. One telephone respondent, who chose not to give their name or address, indicated they support the request for single detached dwellings and wondered when area schools would be constructed. (Planning Note: the timing of construction of new schools is the responsibility of the School Boards and not the City of London.) What use occupies the site and surrounding lands7 The subject lands are currently vacant of buildings and structures. A small wooded area can be found on the east side of the site while the west side of the site is void of trees and occupied by a topsoil stockpile. Separating these two distinct areas is the re-constructed Northdale Tributary. The tributary continues to the west immediately south of Sunningdale Road East. Abutting the subject site to the north is the Sunningdale Road East road allowance. In 2002, Sunningdale Road East between Adelaide Street North and South Wenige Drive carried an annual average daily traffic volume of 2000 vehicles per day. North of the road allowance the lands are intended for future medium density residential uses. East of the subject lands are single detached dwellings on 10 m (32.8 ft) lots. A neighbourhood park (Stephens Farm Park) and single detached dwellings are planned for the south side of Thistlewood Drive, and cluster townhouse dwellings are planned for the vacant lands to the west. Sunningdale Road East is classified as an arterial road and Thistlewood Drive is classified as a secondary collector road.

33 *- Agenda Item # Page # 12 39T-05501/ J. Leunissen What is the current status of the site? The subject lands are identified in draft approved plan 39T as Multi-Family Residential Blocks 208 and 209. The zoning on these blocks is Residential R5/R6 (R5-7/R6-5) and these zones permit cluster townhouse dwellings to a maximum density of 60 units per hectare (24 units per acre); cluster single detached dwellings, cluster semi-detached dwellings, cluster triplex dwellings, cluster stacked townhouse dwellings and cluster apartment buildings to a maximum density of 35 units per hectare (14 units per acre). Based on an area of ha of land, the current draft plan and zoning would permit a maximum of 283 cluster townhouse dwellings or 165 cluster dwellings on this site. The applicant's proposal for 72 single detached dwellings would result in an overall density of 15.2 units per hectare (6.1 units per acre), significantly less than is currently allowed. Does the application conform to the Official Plan? - Use The subject lands are designated Multi-Family, Medium Density Residential in the Official Plan. Areas designated Multi-Family, Medium Density Residential are intended for low-rise, multiple unit developments including row houses, cluster housing, low-rise apartment buildings, and certain specialized residential facilities. In addition, single detached, semi-detached and duplex dwellings are permitted. The applicant's proposal 72 single detached dwellings on a public street conforms to the Multi-Family, Medium Density Residential designation. Buildina Orientation On March 22, 2005, Council adopted an amendment to the Official plan to deal with residential land uses adjacent to arterial roads. The new policy sets out a hierarchy for evaluating development adjacent to arterial roads with the intent to eliminate the need for noise walls. The preferred approach to eliminate the need for noise walls is to directing sensitive land uses away

34 .- Agenda Item # Page # 13 39T-05501/ J. Leunissen from arterial roads. Where this is not possible, designs which include window streets or service roads and avoid back-lotting along arterial roads are recommended. Where neither of these options is practical, the appropriate noise attenuation mechanism based on the future traffic volumes as established in the Transportation Master Plan and Schedule "c" of the Official Plan are required. In addition, property owners are to be advised that those who specifically benefit from the noise wall are responsible for maintenance and replacement. Timing of implementation of this policy was also considered. The Noise Attenuation Policies for Residential Uses Adjacent to Arterial Road ( ), are to be applied to all submitted and accepted plans of subdivision not yet draft approved., Draft approved plans of subdivisions which include rear-lotting will be assessed on. a case by case basis The lands are designated Multi-Family, Medium Density Residential and it is not practical to change the designation to permit only non-sensitive land uses (commercial, institutional). Without changing the designation, several design options should be evaluated against the Noise Attenuation Policies to determine the most appropriate form of development on this site and they include the following: 1) refuse the proposal for single detached dwellings - multi-family developments provide greater opportunities for building orientation; 2) revise the plan to eliminate all back-lotted units; and; 3) accept the plan as proposed. Option I Refusing the applicant's proposal for single detached dwellings based on the noise policies of has the following implications: I) Development of the lands for medium density residential uses would provide maximum flexibility for front facing development with amenity space in the rear. This form of development would achieve a high level of compliance with Section as it would greatly reduce the likelihood of noise attenuation walls. 2) The lands are currently designated Multi-Family, Medium Density Residential. Single detached dwellings are a main permitted use within this designation. 3) The implementation guidelines for the recently adopted noise wall policies have not been drafted and circulated for review; and 4) It is possible to red-line the plan to eliminate all of the back-lotted units. Option 2 Revise the plan to eliminate all rear-lotted lot has the following implications: 1) The revised lot pattern would also achieve a medium to high level of compliance with the noise wall.policies of the Official Plan; 2) Flanking noise walls are expected along 6 lots. Maintenance of these noise attenuation walls, which can protect the outdoor living area in compliance with the Ministry.of the Environment guidelines, will be the responsibility of owners of the flanking lots. 3) The length of roadway is more then proposed by the applicant. Also, the number of lots possible is greater than proposed (74 vs 72). Option 3 Accepting the submitted plan has the following implications: I) The submitted plan is expected to require almost 250 m (820 ft) of noise attenuation walls. Allowing a wall of this length would be considered achieving a medium level of compliance with the noise wall policies. 2) Where back-lotting noise walls are required, a common elements condominium is required to maintain the noise wall. Alternatively, other measures will be considered by Council provided the key principles of avoiding long-term replacement cost to the City and ensuring costs are borne by the benefiting property owners is addresses. Implementation guidelines which will address these matters have not been drafted or circulated for review. 3) It would send a mixed message the City is not serious about implementing the recently adopted noise wall policies and not recommending reasonable alternative designs to eliminate the use of noise walls where possible.

35 -- Agenda Item # Page # 14 39T-05501/ J. Leunissen After evaluating of the three options, it is recommended option 2, which will allow freehold single detached dwellings with localized noise walls to protect outdoor living areas of flanking lots is most appropriate. Further details on the recommended plan are addressed in Draft Plan Review section of this report. Draft Plan Review Small Lot Desicln The submitted and recommended plans each contain 50 single detached dwelling lots with frontages of less that 12m wide. Where 50 or more lots of less than 12 m wide lots are proposed, they are to be evaluated against the Small Lot Design Guidelines. History has shown that small lot developments have their own specific attributes and challenges. In order to facilitate attractive small lot development, the Guidelines encourage the following three goals: 1) promoting a range of housing opportunities and public amenities in appropriate locations; 2) functional and visually appealing streetscapes including reducing the visual dominance of the garage; and, 3) ensuring homes with double car garages are located in a manner that minimizes the cumulative visual impact of the garage on the streetscape. In order to achieve these goals, the Guidelines contain numerous "best practices". Inclusion of recommended "best practices" is expected to achieve the desired goals. The subject lands are adjacent to proposed multi-family residential. development, a neighbourhood park and an open space network. Also in the immediate area is a secondary school. The recommended plan includes 1ots.flanking Thistlewood Drive is expected to provide more on-street parking opportunities for residents within this plan and those draft approved on the south side of Thistlewood Drive. The recommended plan contains only a limited range of lot widths; however, smaller lot frontages can be found in the immediate area on the south side of Thistlewood Drive and larger lots were included in earlier phases of the Stoney Creek Community Plan. Overall, there is a healthy mix of housing. types in the immediate area to provide a range of housing opportunities for future residents. In.addition, open space and neighbourhood facility uses in the areas provide a varied streetscape while meeting recreational needs of residents. The above listed characteristics include several best practices recommendations to achieve the goal of promoting a range of housing opportunities and public amenities in appropriate locations., : Achieving the second goal of a functional and visually appealing streetscape which reduces the dominance of the garage is achieved through both subdivision design and architectural design. The revised plan provides for a window street allowing increased informal surveillance (eyes on the street) and a varied streetscape along Sunningdale Road East and future Street "B". Extending the cul-de-sac to Sunningdale Road East, results in many of the attributes: greater visibility, varied streetscape and improved pedestrian linkages with only local noise attenuation walls, The applicant has not submitted a parking plan but the presence of I1 m lots on the outside of the crescent is expected to allow for double driveways if demanded by future residents without the need for area specific zoning regulations. Varying architectural and landscaping treatment could further enhance the visual appearance of the streetscape and is the responsibility of the owner. The recommended plan allows for a functional, visually appealing streetscape where garages do not have to dominate. Attractive building design and varied landscaping will ensure the recommended plan satisfies the goal of providing functional and visually appealing streetscapes. The third goal of the Small Lot Design Guidelines is to minimize the visual effect of double car garages. This is achieved through a combination of lot fabric and zoning. For an 11 m lot,'the garage width is permitted to be 5.83 m or (19.1 ft). As most double car garage doors are 4.8 m (16 ft), no significant conflicts are expected to be generated by the majority of the lots. The inside curve of the crescent is proposed to have frontages of 10 m. Double car garages are would only be permitted if alternate driveway width regulations were applied through the Zoning By-law. The applicant has not requested alternate driveway width zoning regulations. In order to preserve on-street parking opportunities it is recommended the conditions of draft approval

36 . Agenda Item # Page # 15 39T-05501E-6853 J. Leunlssen,~ Recommended Plan. ~. ~. -. ~.. ~~

37 Agenda Item # Page # 16 39T J. Leunlssen require the submission of a parking plan prior to submission of engineering drawings and that the owner certify driveways are in accordance with the approved parking plan prior to assumption. The recommended plan has been evaluated against the Small Lot Design Guidelines and has been determined to achieve the principle objectives of the Guidelines. The recommended plan and accompanying conditions of draft plan approval will encourage functional, visually attractive, small lot development in accordance with the Guidelines. Achieving a higher order of compliance with the Guidelines is possible provided the owner promotes attractive architectural design. and landscaping. Noise Attenuation The subject lands abut Sunningdale Road East, which is classified as an arterial road. It is anticipated Sunningdale Road East will experience significant volumes of traffic in the future when area lands develop in accordance with the Official Plan. Based on the fact Sunningdale Road East is classified as an arterial road on Schedule "C", future traffic volumes will likely be sufficient to necessitate noise attenuation measures to protect the outdoor living area of lots flanking Sunningdale Road East. Additional noise attenuation measures, such as warning clauses, duct sizing sufficient to accommodate central air conditioning or installation of central air conditioning, may be required to protect the indoor living area in accordance with the Ministry of the Environment Noise Guidelines. Because of the orientation of the lots in the recommended plan, noise walls will not be continuous; rather, they will be localized, of sufficient length to protect 56 mz (600 fl*) of outdoor living area. The benefits provided by these noise walls will be limited to flanking lots and it will be those lot owners who will be responsible for their maintenance. The recommended conditions of draft approval will require the owner to prepare and submit a noise study to the 'satisfaction of the Manager of Subdivision and Special Projects and to implement its recommendations. Stormwater Manaaement Block 73 As ~ noted ~~ above. ~~ the ~ subiect ~~ lands are within draft aooroved olan 39T Conditions of draft 1~ ~~ approval for tks plan allowed for the relocation' of the' Northdale Tributary provided the relocation was to the satisfaction of the City of London and the Department of Fisheries and Oceans. At the time draft approval was granted, it was believed the relocated tributary could be underground within the road allowances but in the end an open channel was required to satisfy DFO and this channel was located in multi-family residential block 209 of the draft approved plan. The applicant is now proposing the Northdale Tributary be identified as a separate Northdale Tributary - proposed block 73. The Northdale Tributary is identified as a stream on Schedule "B" of the Official Plan and initially a 15 m setback from this stream was thought necessary to provide for appropriate setbacks from the waters edge and to provide for a possible future pedestrian trail. Upon further investigation, only min0.r revisions to the east side of Block 73 on the submitted plan are necessary to fulfill these functions. As this Block is intended to fulfill a stormwater function, a natural heritage connection function, and accommodate a future public trail, it is recommended the owner design and construct the pathway system through Block 73 to the satisfaction of Parks Planning and Design and that the pathway be constructed prior to the application for building permits. Further, the recommended conditions of draft approval require a 1.5 m high chain link fence along property line of Block 73 where it abuts a residential lot, except where another fence or wall is required. The chain link fence will discourage persons trespassing onto private property and prevent private property owners from encroaching on City property. Gates will be permitted within the fence. Parkland No parkland is proposed within this plan and none has been requested. The 5% parkland dedication for these lands was taken with draft plan 39T Active parkland to fulfill the

38 Agenda Item # Page # 17 39T-05501/ J. Leunissen needs of future residents will be available on the south side of Thistlewood Drive, west of South Wenige Drive - Stephens Farm Park. Tree Preservation The lands between the Northdale Tributary and the eastern limit of this plan are occupied by a small woodlot. The significance of this woodland area was evaluated during the Ontario Municipal Board Hearing in 2000 relating to the Stoney Creek Community Plan and draft plan 39T It was determined the vegetation did not to meet the criteria to be classified as a "significant woodland". Under such circumstances, it is not identified as Woodland Patch Outside an ESA or Wetland on Schedule " B of the Official Plan or Open Space on Schedule "A. The subject lands are designated Multi-Family, Medium Density Residential in the Official Plan and zoned Residential RUR6 (R5-71R6-5) Zone in By-law 2.-I. The Owner appropriately has an expectation that they can be developed for multi-family residential uses. It is not uncommon where multi-family residential developments are proposed on, or abutting existing woodlots, that the applicant be required to submit a tree preservation report with their site plan application. Changing the form of proposed development does not mean that this municipal requirement should not be met. For this reason, it is recommended that prior to submission of engineering drawings, the applicant submit a tree preservation report to the Manager of Parks Planning and Design for review and approval. It should be noted that given the proposed form of development, and the fact the original woodlot appears to have been reduced in size since development in the area began, it is expected only trees located in the rear yard have the potential to be preserved. Opportunities for tree preservation could also be affected by the required lot grading to meet City standards.