Agenda Itern # CHAIR AND MEMBERS - PLANNING COMMITTEE

Transcription

1 Ll Agenda Itern # I Page # B. Debbert/39T-O5514/ TO: FROM: SUBJECT: CHAIR AND MEMBERS - PLANNING COMMITTEE R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT APPLICATION BY: WEST KAlNS LAND CORP. PART OF 810 WESTDEL BOURNE AND PART OF 2029 OXFORD STREET WEST PUBLIC PARTICIPATION MEETING ON July 17, 7:OOP.M. That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the application of West Kains Land Corp. relating to the property located at part of 810 Westdel Bourne and part of 2029 Oxford Street West: (a) (b) (c) (c) (d) the request to amend Schedule " B - Flood Plain and Environmental Features of the Official Plan to delete the Groundwater Recharge Areas designation as it applies to these lands, BE REFUSED; the request to amend Schedule "C" -Transportation Corridors of the Official Plan to add a secondary collector road linking Kains Road to Oxford Street West, BE APPROVED; on the advice of the Administrative Planning Advisory Group, the Approval Authority BE REQUESTED to approve the draft plan of residential subdivision, as redline amended, submitted by West Kains Land Corp. (File No. 39T-05514), prepared by R.H. Kruys (Drawing No , dated November 23, 2005), which shows 73 single detached residential lots and one multi-family, medium density residential block, served by the extension of Kains Road and two new streets, SUBJECT TO the conditions contained in the attached Appendix "39T "; on the advice of the Administrative Planning Advisory Group, the Draft Approval of the residential plan of subdivision as redline amended, submitted by West Kains Land Corp. (File No. 39T-05514), BE APPROVED, SUBJECT TO the Municipal Requirements contained in the attached Appendix "39T "; the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on July 24, 2006 to: (i) (ii) (iii) amend By-law No , by repealing the zoning on the subject lands and by deleting these lands from the said By-law; amend Map Schedule "c" to Zoning By-law No by repealing the Agriculture (AG) Zone applicable to the subject lands and deleting these lands from the said By-law; amend By-law No. Z.-1, in conformity with the Official Plan as amended, to apply the following: - a Holding Residential R1 (h.h-57.r1-7) Zone to permit single detached dwellings with a minimum lot frontage of 15.0 metres (49.21 feet) and a minimum lot area of 550 square metres (5, square feet); - a Holding Residential R1 (h.h-57.r1-8) Zone to permit single detached dwellings with a minimum lot frontage of 15.0 metres (49.21 feet) and a minimum lot area of 600 square metres (6, square feet); - a Holding Residential R1 (h,h-57,ri-9) Zone to permit single detached dwellings with a minimum lot frontage of 18.0 metres (59.06 feet) and a minimum lot area of 690 square metres (7, square feet); and, a Holding Residential R6 (h.h-57.h-71.r6-4) Zone; to permit cluster single detached, semi-detached or duplex dwellings at a maximum density of 30 units per hectare (12.15 units per acre) and a maximum height of 10.5 metres (34.45 feet). It being noted that Holding Provision h-71 requires the multi-family site to be designed so that the units are front oriented to the road network; and Holding 1

2 iigendaltem[, Page#, B. DebberU39T-05514/OZ-7076 Provision h-57 requires treatment capacity to be allocated at the Oxford Pollution Control Plant by the City Engineer; (iv) amend By-law No by adding the new secondary collector road system within the subdivision connecting Westdel Bourne to Oxford Street West, as a secondary collector road in Section 4.21, Road Allowance Requirements - Specific Roads. That a further by-law be initiated by the City and brought forward to a public meeting of Planning Committee to zone Lots 19, 20, 21 and 22 for residential use, if a scoped EIS supporting residential development of these lots outside the ESA and any required buffers is submitted to the satisfaction of the City; on the advice of the Administrative Planning Advisory Group, the Draft Approval of the residential plan of subdivision as submitted by West Kains Land Corp. (File No. 39T ), which shows 74 single detached residential lots and one multi-family, medium density residential block, served by the extension of Kains Road and two new streets, BE REFUSED; the request to amend Zoning By-law 2.-1 to zone the subject property to a Residential R1 (RI-8) Zone, a Residential R1 (RI-9) Zone, and a Residential R6 (R6-4) Zone, BE REFUSED; IMPACT OF PROJECT ON RESERVE FUNDS AND BUDGET I I I Estimated I Estimated Claims I Net ImDact II Catholic School Board Industrial Oversizing Reserve Fund ESTIMATES ARE CALCULATED USING CURRENT RATES AN0 THE INFORMATION IS REPORTED ALL 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 FUNO WILL BE IN ACCORDANCE WITH BY-LAW NO. C.P AN0 AS APPROVED BY THE CIN ENGINEER. ESTIMATES ARE BASED ON INFORMATION PROVIDE0 BY THE APPLICANT AND ARE PROVIDED FOR INFORMATION PURPOSES ONLY. THEY DO NOT CONSTITUTE ANY COMMITMENTS ON BEHALF OF THE ClN OF LONDON. ACTUAL CLAIMS WILL BE DETERMINED IN CONJUNCTION WITH THE SUBDIVISION AGREEMENT AND THE BY-LAWS. ACTUAL REVENUES ARE DETERMINED IN CONJUNCTION WITH BUILDING PERMITS AN0 THE BY-LAWS AT THAT TIME. THE OWNER SHOULD TAKE NOTE THAT THERE IS CURRENTLY A DELAY IN PAYMENT OF CLAIMS FROM THE URBAN WORKS RESERVE FUND. THERE IS POTENTIAL FOR SIGNIFICANT DELAYS IN PAYMENT ON UWRF CLAIMS AT THIS TIME. 2

3 B. Debbert/39T-05514/ ESTIMATED URBAN WORKS RESERVE FUND CLAIMS FOR THIS PROJECT EXCEED THE ESTIMATED REVENUES BY $703, THE URBAN WORKS RESERVE FUND IS CURRENTLY EXPERIENCING A SERIOUS BACKLOG REGARDING PAYMENT OF CLAIMS RESULTING IN SUBSTANTIAL WAITING TIMES. THE ENVIRONMENTAL AND ENGINEERING SERVICES DEPARTMENT ADVISES THAT PROGRESSING THIS PROJECT AT THIS TIME WILL FURTHER AGGRAVATE THE BACKLOG STATUS OF THE URBAN WORKS RESERVE FUND. I PREVIOUS REPORTS PERTINENT TO THIS MATTER Report to Planning Committee dated January 30, 2006 (File No ) re: removal of aggregate designation from the site. II PURPOSE AND EFFECT OF RECOMMENDED ACTIONS II Approval of the recommendations in this report would result in the construction of a plan of subdivision with 73 single family lots and a multiple-family block on which cluster single detached, semi-detached or duplex dwellings could be constructed. The extension of Kains Road and the identification of the secondary collector road network will contribute to the future orderly development of the remainder of the lands within the Urban Growth Boundary bounded by the Woodeden Camp on the west, Oxford Street West on the south and the Thames River and the Kains Woods ESA on the north. The subdivision itself will provide part of the population base that will rely on the community focal point, including the regional park, school sites and commercial lands to the east that will be developed over the next several years. 1. The requested Official Plan amendment to delete the Groundwater Recharge Areas designation is not recommended because the submitted groundwater report demonstrates that there is groundwater recharge capability that should be maintained in the area. The deletion of the Groundwater Recharge Areas designation is not required to allow suitable development to occur, subject to conditions of draft approval requiring studies and works to be completed respecting groundwater impacts and mitigation The requested Official Plan amendment to add the secondary collector road system to Schedule "C" - Transportation Corridors, is recommended because the anticipated volumes from the ultimate buildout of the lands within the Urban Growth Boundary west of Westdel Bourne is expected to exceed the maximum 1500 vehicles per day that local streets are intended to provide. The recommended draft plan, which consists of single detached lots and a medium density residential block, is consistent with the Provincial Policy Statement, the Official Plan, and the revised Riverbend Community Plan adopted by Council on April 20, The draft plan, as redlined, is recommended as it provides for appropriate development that is sensitive to the character of existing surrounding residential development and the Kains Woods ESA to the north. 5. The recommended conditions of draft plan approval require the provision of necessary services to the property before development can occur. 6. The recommended Zoning By-law amendment will allow the range and type of uses proposed by the draft plan of subdivision. Appropriate holding provisions are applied to require the owner to enter into a subdivision agreement to ensure the orderly development of the lands and the adequate provision of municipal services, capacity allocation to be made at the Oxford Pollution Control Plant, and the orientation of

4 Subject Site: 810 Westdel Bourne Drive Applicant: WEST KAINS LAND CORP Number: 7le Number: 39T :OWORATION OF THE CITY OF LONDON repared By: I D - Planning L-LULI IU Planner: Barb USubject Site a Parcel Debbert Created By: Barbara Debbe Date: 1/19/2006 Scall N 5000 Water Draft Approved - Parcels I Lmi I 1 City Boundary Union Gas Pipeline (20 rn buffer) Buildings Addresses

5 bl ;,b3 Agenda Item # P c B. Debbertl39T-05514/0Z-7076 buildings in multi-family blocks to the road network. The proposed lots within 30 metres of the ESA edge will not be zoned for residential use until an acceptable IS is submitted to the City. I BACKGROUND Date Application Accepted: December 23, 2005 Agent: B. Veitch -West Kains Land Corp. REQUESTED ACTION: Consideration of a residential Plan of Subdivision with 74 single detached lots and 1 block for multiple family residential development, served by the extension of Kains Road and two new streets. Possible Amendment to the Official Plan by amending Schedule "C" - Transportation Corridors, to add a secondary collector road linking Kains Road to Oxford Street West, as shown conceptually on the attached location map, and by deleting the Groundwater Recharge Areas designation from Schedule " B - Flood Plan and Environmental Features, as it applies to these lands. Possible Amendment to Zoning By-law No (former Township of Delaware) to delete the Agriculture (AG) Zone and remove these lands from the By-law; Possible Amendment to Zoning By-law No (Annexed Area Zoning By-law Amendment) to change the zoning currently before the Ontario Municipal Board from an Urban Reserve (UR3) Zone to the following zones and regulations: - Residential R1 (RI-8) Zone to permit single detached dwellings on lots with a minimum frontage of 15.0 metres (49.2 feet) and a minimum lot area of 600 square metres (6, square feet); - Residential R1 (RI-9) Zone to permit single detached dwellings on lots with a minimum frontage of 18.0 metres (59.1 feet) and a minimum lot area of 690 square metres ( square feet); and - Residential R6 (R6-4) Zone to permit cluster housing in the form of single detached, semi detached or duplex housing at a maximum density of 30 units per hectare (12.15 units per acre). - Amend Section 4.21, Road Allowance Requirements - Specific Roads, to identify the secondary collector roads. Possible amendment to Zoning By-law No to add the subject lands to the By-law and apply the zones and regulations identified in the above paragraph. SITE CHARACTERISTICS: Current Land Use -vacant land Frontage metres (559.5 feet) approx. Depth - irregular Area ha. (23.4 acres) Shape - irregular 5

6 ~ ~~~ ~~ ~ ~ ~ ~~~ ~ ~ ~~ ~ ~~ ~ ~ ~ ~ ~~~~ Agenda Item # Page # /I B. Debbert/39T-05514/ SURROUNDING LAND USES: North - Kains Woods ESA, Thames River, residential and agricultural uses in the Municipality of Middlesex Centre South - Estate residential, fuel station, Oxford Street West, estate residential and agriculture East - Single detached and multi-family residential subdivision under construction, future District Park West -Woodeden Camp, future and existing estate residential, open space OFFICIAL PLAN DESIGNATION: (refer to maps on pages 8 & 9) Multi-family, Medium Density Residential and Low Density Residential - EXISTING ZONING: (refer to map on page IO) By-law No (former Delaware Township): Agriculture (AG) - PLANNING HISTORY 11 The subject lands are located within the River Bend Planning District. A developer-led community plan process was initiated in November 1996 for the River Bend Planning District. City Council adopted Official Plan Amendment No. 121 in June of 1998 to implement the recommendations of the River Bend Community Plan. Following an Ontario Municipal Board hearing, the Official Plan Amendment was confirmed by the Board with modifications on December IO, This Amendment delineated the boundary of the Kains Woods ESA, confirmed land use designations, environmental features and hazards, and established the arterial and collector road system to serve the Planning District. On December 7th, 1998, City Council adopted the Community Plan for the River Bend Area. In April, 2004, Council adopted Official Plan Amendment No. 320 along with concurrent changes to the Preferred Land Use Concept of the approval Community Plan. The amendment resulted from concerns raised by Union Gas in response to the Norquay subdivision (39T-03510) respecting the location of a proposed elementary school in proximity to their pipeline. The secondary school site was deleted from the community plan, and the elementary school site was relocated to the east side of Riverbend Road, north of Shore Road. The configuration of the Regional Park block was also adjusted. Subdivisions that have recently been approved and are being developed in the immediate vicinity of the subject property include Sifton Properties River Bend Phase 2 to the north-east (draft approved October 24, 2003), Sifton Properties River Bend Phase 5 to the east (draft approved June 5, 2003), and the Norquay subdivision (39T-03510) to the east. Draft approved plans of subdivision not yet under development include the Riverbend Park Subdivision to the east (39T ) and the Matthews subdivision south of Oxford Street West, to the west (39T-03511). Lands to the south of Shore Road, fronting on the north side of Oxford Street West and west of the future Riverbend Road alignment were rezoned on May 2, 2005 from Rural Holding (A2) in the Town of Westminster Zoning By-law, to the Community Shopping Area (CSA5) Zone and the Open Space (OS3) Zone in By-law 2.-I. The lands currently under consideration were the subject of an Official Plan Amendment in January, 2006, to delete the "Aggregate Resources" designation from the site. 6

7 Community Pedestrian Network ESA Buffer - (10 to 30 metres to be determined ESA through the EIS process) CSA - COUNCIL nbopted JUNE 25, -COUNCIL APPROVED AMENDMENTS

8 ... DOWNTOWN AREA REGIONAL SHOPPING AREA COMMUNITY SHOPPING AREA NEIGHBOURHOOD SHOPPING AREA ASSOCIATED SHOPPING AREA COMMERCIAL BUSINESS DISTRICT ARTERIAL MIXED USE DISTRICT HIGHWAY SERVICE COMMERCIAL RESTRlCTEDlHlGHWAY SERVICE COMMERCIAL RESTRICTED SERVICE COMMERCIAL COMMERCIAL POLICY AREA MULTI - FAMILY, HIGH DENSITYRESIDENTIAL MULTI - FAMILY, MEDIUM DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL OFFICE AREA OFFICEIRESIDENTIAL OFFICE BUSINESS PARK GENERAL INDUSTRIAL LIGHT INDUSTRIAL REGIONAL FACILITY --j AREAS L --I UNDER APPEAL COMMUNITY FACILITY OPEN SPACE URBAN RESERVE - COMMUNITY GROWTH URBAN RESERVE -INDUSTRIAL GROWTH RURAL SElTLEMENT ENVIRONMENTAL REVIEW AGRICULTURE URBAN GROWTH BOUNDARY THIS IS AN EXCERPT FROM THE PLANNINQ DIVISION'S WORKINQ CONSOLIDATION OF SCHEDULE A To THE CIN OF LONDON OFFICIAL PLAN. WITH ADDED NOTATIONS '*,..,^^, ~~ CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT OFFICIAL PLAN SCHEDULE A - LAND USE PREPARED w: Grephlc8 & Informatlon Ssrvlces! -,-.. :.,...-?_?.I, I "..,.,., I.,':,_.,^.*.,,_,_,^ FILE NO. 39T BD MAP PREPARED: ~.~~ June 28,2006 CK 0 E a 1000 (600 rn SCALE 1:30, I I < # ^.I I

9 LEGEND ROAD CLASSIFICATION :"": 'Cam.+ PROPOSED ROAD CORRIDOR DEFERRED AREAS,&,+, ',,.' EXPRESSWAY #.27 FREEWAYS., - ' ~. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ARTERIAL PRIMARY COLLECTOR,,Ab #e'' SECONDARY COLLECTOR PROPOSED EXPRESSWAY 4 PROPOSEDFREEWAYS \,' 44 * PROPOSEDARTERIAL i '.I ~ +* **+,+*%.4++'... a *.. 0 PROPOSED PROPOSED PRIMARY COLLECTOR a' PROPOSED SECONDARY COLLECTOR INTERCHANGE THIS IS AN EXCERPT FROM THE PLANNING DIVISION'S WORKING CONSOLIDATION OF SCHEDULE C TU THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT OFFICIAL PLAN SCHEDULE C -TRANSPORTATION CORRIDORS PREPARED By: Graphlcs & lnformatlon ServIce8 I 39T BD I FILE NO. I MAP PREPARED July 05,2006 SCALE 1:30,000 I

10 I) LEGEND FOR ZONING BY-LAW 2-1 R1 -SINGLE DETACHED DWELLINGS R2 - SINGLE AND TWO UNIT DWELLINGS R3 -SINGLE TO FOUR UNIT DWELLINGS R4 -STREETTOWNHOUSE R5 -CLUSTER TOWNHOUSE R6 -CLUSTER HOUSING ALL FORMS R7 -SENIORS HOUSING R8 ~ MEDIUM DENSlTYlLOW RISE APTS. R9 - MEDIUM TO HIGH DENSINAPTS. RlO - HIGH DENSITY APARTMENTS R11 -LODGING HOUSE DA - DOWNTOWN AREA RSA - REGIONAL SHOPPING AREA CSA - COMMUNllY SHOPPING AREA NSA - NEIGHBOURHOOD SHOPPING AREA BDC -BUSINESS DISTRICT COMMERCIAL AC ~ ARTERIAL COMMERCIAL HS - HIGHWAY SERVICE COMMERCIAL RSC -RESTRICTED SERVICE COMMERCIAL CC - CONVENIENCE COMMERCIAL SS -AUTOMOBILE SERVICE STATION ASA -ASSOCIATED SHOPPING AREA COMMERCIAL,. I\,. FOR TOWNSHIP ZONES PLEASE SEE THE RELEVANT,. ZONING BY-LAW FOR A DESCRIPTION OF REGULATIONS OR - OFFlCElRESlDENTlAL OC -OFFICE CONVERSION RO - RESTRICTED OFFICE OF -OFFICE RF REGIONAL FACILITY CF ~ COMMUNITY FACILITY NF - NEIGHBOURHOOD FACILITY HER HERITAGE DC -DAYCARE OS -OPEN SPACE CR -COMMERCIAL RECREATION OB -OFFICE BUSINESS PARK LI -LIGHT INDUSTRIAL GI -GENERAL INDUSTRIAL H. - deaw INDUSTRIAL EX -RESOURCE EXTRACTsVE UR -URBANRESERVE "h" -HOLDING SYMBOL "D" -DENSITY SYMBOL "H" - HEIGHT SYMBOL '"5" -BONUS SYMBOL "T" -TEMPORARY USE SYMBOL I CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT ZONING BY-LAW NO. Z.-I SCHEDULE A THIS MAP ISM "NOFFICIAL EYJR4Cl FROM 1nE ZOhlNG By-AW Wllrl ADDED NDlATlOhS I FILE NO: 39T MAP PREPARED: Meters BD

11 B. DebbsrV39T I1 SIGNIFICANT DEPARTMENTIAGENCY COMMENTS Ensineerins and Environmental Services Denartment The following is a summary of the comments received from the Engineering and Environmental Services Department that were significant in considering the proposed draft approval of this plan of subdivision. A complete list of engineering requirements recommended by the General Manager of Planning and Development is contained in Appendices 39T and 39T Sanitary Sewers The Owner shall connect the proposed sanitary sewers to serve this plan to the existing 750 mm (30") diameter trunk sanitary sewer previously constructed along Kains Road at the Westdel Bourne intersection. Currently, there exists no reserve capacity at the Oxford Pollution Control Plant for the proposed development, and no development of this site should occur until such capacity is available. A general 'h' holding provision should be placed on this application, relating to the lack of available treatment capacity at the Oxford Pollution Control Plant. The holding provision shall be lifted when it is deemed capacity is available at the Oxford Pollution Control Plant, at the discretion of the City Engineer. According to the Master Plan in the Riverbend Community Plan, the trunk sanitary sewer is to extend through the subject lands at sufficient depth and size to service all upstream lands tributary to this system. The Owner, through the consulting engineer, has submitted a revised servicing scheme for review by the City that would see this trunk sewer branch off, allowing the servicing of the upstream lands by two smaller shallower sub-trunk sewers. It should be noted that this revised servicing scheme is in a conceptual stage only, and preliminary review by the City has identified issues with this proposal that must be addressed by the Owner's professional engineer. Consideration of an alternative sanitary servicing option from the option approved in the Riverbend Community Plan may trigger the need to carry out an Environmental Assessment, Any future requirements resulting from this proposed revised servicing scheme, if accepted and as identified by the City, may have to be addressed by the Owner as part of this development of the subject lands. Stormwater Manaqement The Owner shall connect the orooosed storm sewers to serve this olan to the existina 975 mrn (38) diameter trunk storm sewer previously constructed along Kains Road at the Westdel Bourne intersection. The storm outlet for the subject lands is the Thames River via the existing River Bend Phase 2 "River Bend Mews" Regional Stormwater Management (SWM) Facility, which is located within the Downstream Thames Subwatershed. The Owner shall have its consulting professional engineer design and construct the proposed storm/drainage system to service the total catchment area, all to the specifications and satisfaction of the City Engineer. The Owner's consulting professional geotechnical engineer shall ensure that all geotechnical issues and all required setbacks related to slope stability are adequately addressed for the subject lands to the satisfaction of the City Engineer and the UTRCA. Groundwater Resources Without more comprehensive and detailed information regarding the Water Resources Management System, EESD is not recommending the proposed removal of the "Groundwater Recharge Area" designation from Schedule 'B of the City of London Official Plan. The draft approval of the requested draft plan of subdivision may proceed subject to the following conditions: i) Prior to the submission of engineering drawings, the Owner shall have a report prepared by a qualified consultant that provides water balance calculations and 11

12 Agenda Item # YIb 0. Debbert/39T-05514/ required analysis and recommendations respecting post and pre development conditions, all to the specifications and satisfaction of the City Engineer; ii) iii) The standard EESD requirement for the preparation of a detailed hydrogeological investigation to determine the effects of the construction associated with this subdivision on the existing groundwater elevations and domestic and farm wells in the area, to the satisfaction of the City Engineer, is to be included as a condition of draft approval; and, Based on the water balance calculations and recommendations accepted by the City, the Owner is required to undertake all necessary mitigation measures to ensure that effects of the proposed construction and post development conditions on the subject lands will not adversely impact on the adjacent properties and specifically on the existing private water wells. Water Mains The Owner shall connect the proposed watermains to serve this plan to the existing municipal 600 m (24") diameter water main on Westdel Bourne. The Owner shall have its professional engineer provide a water servicing report which includes, among other matters, hydraulic calculations for full build out (of this phase and the entire area) and identifies the need for and size of a watermain on Oxford Street West for looping for future phases. TransDortation The Owner shall install traffic signals at the intersection of Westdel Bourne and Kains Road when determined warranted by the City Engineer. The Owner shall ensure that no vehicular access will be permitted to Block 75 from Westdei Bourne. All vehicular access is to be via the internal subdivision streets. The Owner shall submit a plan developed in the context of the road network established which identifies the traffic calming measures required along the secondary collector roads to discourage excessive vehicle speeds. The Transportation Planning & Design Division would be prepared to accept as a condition of draft approval the following traffic calming measures: i) curb extensions along the north side of Kains Road from Westdei Bourne to the western boundary of the plan of subdivision with the parking bay removed for utilities (fire hydrants) and for transit stop locations as defined by the London Transit Commission. ii) reduced curb radii (5.0 metre) on the inbound approach to all local roads intersecting the secondary collector road network. The traffic calming measures selected for these locations are subject to the approval of the Transportation Planning & Design Division and are to be designed and constructed to the satisfaction of the City Engineer. The Owner agrees that, in the event that an emergency access is required for this subdivision, this requirement will be subject to satisfying the City Engineer with respect to all technical aspects, including adequacy of site lines, provision of channelization, adequacy of road geometries and structural design, etc. The Owner shall be required to install street lighting along Westdel Bourne abutting this subdivision and extend these street lights to Oxford Street West as determined to be warranted by and to the specifications of the City Engineer. As Westdel Bourne is classified as a primary collector, the street lighting is claimable from the UWRF. The Owner shall establish and maintain a Traffic Management Plan (TMP), when directed by the City, in conformance with City guidelines and to the satisfaction of the City Engineer for any construction activity that will occur on existing public roadways needed to provide services for this plan of subdivision. The TMP is a construction scheduling tool intended to harmonize a construction project's physical requirements with the operational requirements of the City of London, the transportation needs of road users and access concerns of area property owners. The Owner's contractor(s) shall undertake the work within the prescribed operational constraints

13 Agenda Item # [,,ai B. Debbert/39T-05514/ of the TMP. The TMP will be submitted and become a requirement of the subdivision servicing drawings for this plan of subdivision. Ministrv of Municiaal Affairs and Housinq The purpose of the requested Official Plan Amendment is to remove the "Groundwater Recharge Areas" delineation on Schedule " 6 affecting a portion of the subject lands and to amend Schedule "c" transportation corridors, to add a secondary collector road linking Kains Road to Oxford Street West. Given that the subject applications were commenced after March 1, 2005, the decision of City Council respecting the requested amendments must be consistent with the Provincial Policy Statement, 2005 (PPS, 2005). Based on the nature of these amendments, the following policies of the PPS 2005 are applicable in this case. There may be other polices of the PPS 2005 that are also applicable. Section 2.2 of the PPS 2005 states that planning authorities shall protect, improve or restore the quality and quantity of water. Furthermore, the policies of Section and promote restricting development, maintaining and enhancing linkages and protecting, improving, restoring surface water features, sensitive groundwater features and their hydrologic functions. These policies appear to not support the proposed amendments. Further, care must also be taken to ensure that, in accordance with the policies of Section 2.1 of the PPS 2005 that natural features and areas are protected for the long term. As well, the policies of Section 3.1 of the PPS 2005 regarding development near areas of natural hazard may also be applicable in this case. Finally, MAH has consulted with the Ministry of Environment and the Province advises that based on the report submitted with the application, justification for the removal of the "Groundwater Recharge Areas" delineation is insufficient. The recommendations in the report note that the proposed development can be designed to incorporate mitigation measures that ensure no negative effects occur on the groundwater recharge ability of the site. Without further, more comprehensive analysis of the groundwater feature in this area, the Province cannot support the removal of the "Groundwater Recharge Area" delineation from Schedule "B" of the City of London Official Plan. Further, MAH staff suggests that the proponent contact the Upper Thames River Conservation Authority and Department of Fisheries and Oceans Canada regarding the creek crossing, flood plain and fish habitat areas associated with the proposed secondary collector road. London Transit Commission London Transit has reviewed the plan of subdivision for 39T and will not be requiring any bus stops for this development. London Hvdro Servicing the property should present no foreseeable problems. The property will be serviced from London Hvdro's aerial 27.6kV distribution located alons Westdel Bourne. The amlicant will be responsible for the cost associated with the underground system expansion wiihin the development, but may receive rebates from London Hydro based on connected load over a five year connection window. Any relocation of existing infrastructure will be at the applicant's expense. Note: Transformation lead times are a minimum of 12 weeks. Canada Post This subdivision will receive mail service to centralized mail facilities provided through - our community mailbox program. Uaper Thames River Conservation Authority lnitial resdonse The Upper Thames River Conservation Authority has reviewed the above noted applications with regard to policies and regulations made pursuant to Section 28 of the Conservation Authorities Act. We have also reviewed the application with regard to natural hazard policies contained in the Provincial Policy Statement (2005) made pursuant to Section 3 of the Planning Act. We offer the following comments: Conservation Authorities Act The subject property is not affected by any regulations (Ontario Regulation ) made pursuant to Section 28 of the Conservation Authorities Act... 13

14 r l t e m r, Page#, B. Debbert139T-05514/0Z-7076 The UTRCA defers the review of servicing and sediment and erosion control plans and the stormwater management criteria to the City of London. Provincial Policv Statement - Groundwater The UTRCA did not undertake a detailed peer review of the submission entitled Potential Impact of Development on Groundwater Recharge Proposed Westdel Bourne Subdivision, London Ontario prepared by Golder Associates Ltd., dated November 8, It is however recommended that the City of London include the remaining monitoring wells in a city wide groundwater monitoring network. These monitoring wells have some historical water level information. A monitoring network could be used to calibrate estimated values with measured values over time to determine if the hydrogeological reports are adequately representing what is actually happening during development and post development. Some of the remaining monitoring wells may have been compromised by vandalism. The wells should be secured properly. Supplemental Comments Respectino the Proposed Secondaw Collector Road Conservation Authorities Act The subject lands are affected by the Authority's Regulation Limit specifically, the riverine hazard allowance associated with the Class D Drain as well as the area of interference associated with a locally significant wetland. The UTRCA controls development within the Regulation Limit in accordance with Ontario Regulation made pursuant to Section 28 of the Conservation Authorities Act. This regulation requires the landowner to obtain written approval from the UTRCA prior to undertaking any works including filling, grading andlor construction in the regulated area. We note that the proposed layout of future phases of the subdivision may be impacted by the Authority's Regulation Limit and encourage the applicant to meet with UTRCA Staff. Federal Fisheries Act The UTRCA has reviewed the subject application with regard for policies and regulations made and Section 35 of the Federal Fisheries Act. This Act stipulates that "no person shall carry on any work or undertaking that results in the harmful alteration, disruption or destruction (HADD) of fish habitat". As shown on the enclosed mapping, the Class D Drain which flows across the property is characterized by permanent cold water flow with trout present. The corrected notice of application for the proposed Draft Plan of Subdivision (dated January 23, 2006) shows the alignment for a proposed secondary collector road (Gideon Drive) crossing the drain. UTRCA and Fisheries and Oceans Canada (DFO) approvals will be required for any alterations to the Class D Drain. If adequate mitigative measures cannot be implemented to prevent a HADD, the Department of Fisheries and Oceans must provide authorization. Provincial Policv Statement - Natural Heritaae The UTRCA is providing the following comments to assist the City in assessing the natural heritage implications of the proposal as it relates to the broader landscape perspective. The woodland patch that is located in the southerly portion of the subject property is identified as being potentially significant in the Middlesex Natural Heritage Study (MNHS), July The MNHS included an assessment of woodland patches across the County of Middlesex to determine criteria that could be utilized as indicators of significance. The criteria were then modeled for all woodlands in Middlesex County. This modeling was extended to include the City of London portion of geographic Middlesex County. The study concluded that those patches which met one criterion are potentially significant woodland patches on the Middlesex landscape and recommended that these patches should be protected as key elements of the natural heritage framework. The specific information for the southerly patch on the subject property is as follows: Estimated size: 0.45 hectares Number of MNHS criteria met: 2 Specific criteria met: 1) any wood lot that is within 100 metres of a woodlot greater than 10 hectares; and 2) any wood lot where greater than 50% of the area is within 750 metres of an ESA. 14

15 ~~ ynda Item,#, Page#, Recommendation 8. Debbert/39T-05514/ The applicant should contact the UTRCA regarding the Authority's permit process. We request that the UTRCA be included in the circulation of future development applications for the subject lands. Planning Comment: The referenced woodlot is located outside and to the south of the draft plan under consideration. EEPAC The EEPAC asked staff to provide a rationale for allowing Lots 21, 22 and 23 to be located within 10 metres of the ESA buffer given that 30 metres had been established for the remainder of the proposed development, and to report back at the next meeting of the EEPAC. London District Catholic School Board The London District Catholic School Board does not require an Elementary or Secondary School site reservation in this development. Please include the standard conditions of draft approval which address the accommodation of students until a permanent school for the area has been designated. Thames Vallev District School Board The request for consideration of single detached lots is currently within a designated "Holding Zone" for elementarv accommodation (JK to 8). At this time the desianated ~., Holdina School is Byron Northview Public School. The 'secondary school for this area is Saunders-Secondary School. We would request that the standard warning clause be included in the Special Provisions of the Subdivision Agreement. lmaerial Oil No response PUBLIC LIAISON: On January 13, 2006, Notices of Application were sent to landowners within 120 metres of the property and Notice was published in the Living in the City section of the London Free Press on January 7, A corrected notice showing a revised alignment for the secondary collector road was mailed out on January 23, Nature of Liaison: Responses were received from 10 area land owners. One letter was endorsed by 9 area landowners, 5 of whom had not already responded separately. Consideration of a residential Plan of Subdivision with 74 single detached lots and 1 block for multiple family residential development, sewed by the extension of Kains Road and two new streets. Possible Amendment to the Official Plan by amending Schedule "C" - Transportatior Corridors, to add a secondary collector road linking Kains Road to Oxford Street West, a5 shown conceptually on the attached location map, and by deleting the Groundwatei Recharge Areas designation from Schedule "B" as it applies to these lands. Possible Amendment to Zoning By-law No (former Township of Delaware) to delete the Agriculture (AG) Zone and remove these lands from the By-law; Possible Amendment to Zoning By-law No (Annexed Area Zoning By-law Amendment) to change the zoning currently before the Ontario Municipal Board from ar Urban Reserve (UR3) Zone to the following zones and regulations: - Residential R1 (RI-8) Zone to permit single detached dwellings on lots with i minimum frontage of 15.0 metres (49.2 feet) and a minimum lot area of 600 squarf metres (6, square feet); - Residential R1 (RI-9) Zone to permit single detached dwellings on lots with :

16 ~~ ~ ~ ~~ ~ B. Debbert/39T-05514/ minimum frontage of 18.0 metres (59.1 feet) and a minimum lot area of 690 sauare metres ( square feet); and. Residential R6 (R6-4) Zone to permit cluster housing in the form of single detached, semi detached or duplex housing at a maximum density of 30 units per hectare (12.15 units per acre). Amend Section 4.21, Road Allowance Requirements - Specific Roads, to identify the secondary collector roads. 'ossible amendment to Zoning By-law No to add the subject lands to the By-law and apply the zones and regulations identified in the above paragraph. The lands are also the subject of an application (City File # ) previously circulated, to 'emove the Aggregate symbol from Schedule "B" of the Official Plan. Responses: - Residents of Ashgrove Court expressed concern about the possible reduction in property values due to smaller lots adjacent to their properties; consistency of proposed lot fabric with requested zoning; privacy fencing provided by developer to avoid mix of fence types along common property boundaries; concern about the impact of the development on the wells and local groundwater resources. One resident also requested a 10 metre park pathway to the rear of 1979 and 1981 Ashgrove Court for access to the future SWMlpark to the south. - One resident on Oxford Street expressed concerns about the vehicular impacts on her property of the proposed secondary collector road, and about possible groundwater/well impacts of the construction of the road. - - Woodeden camp expressed concerns about the impact of development on the water source Residents in the Municipality of Middlesex Centre expressed concerns about future development to the north of the subject property, especially "the boot" and the impacts on the ESA. ANALYSIS I( Existins Situation: The land subiect to this application is located north of Oxford Street West and west of Westdel Bourne, south of the K&ns Woods ESA, and bordered on the east and south by existing development that is primarily residential in nature, within the Riverbend Community Planning Area. It has an area of approximately 9.5 hectares, and is part of a larger landholding that extends between Oxford Street West and the Thames River. Oxford Street West is classified as an arterial road, and Westdel Bourne north to Kains Road is classified as a Primary Collector. The subject lands are used for agricultural purposes. The balance of lands, that are not subject to a development application, include a woodlot and agricultural uses. It is anticipated that in the future, additional applications for development of these lands will be submitted. At that time, consideration of the Kains Woods ESA and other environmental features will be required. The subject site is located within an area of archaeological potential. A condition of draft approval is recommended to address archaeological survey requirements, and if necessary, rescue excavation and recovery. Provincial Policv Statement: The subject applications were submitted after March, 2005 and therefore the decision of City Council must be consistent with the Provincial Policy Statement, Groundwater Resource Section 2.2 of the PPS states that planning authorities shall protect, improve or restore the quality and quantity of water. The policies of Sections and promote restricting development, maintaining and enhancing linkages and protecting, improving, and restoring surface water features, sensitive groundwater features and their hydrologic functions. 16

17 yndaltemi, Page#, B. Debbertl39T-05514/ The proposed deletion of the Groundwater Recharge Areas delineated on Schedule " B of the Official Plan is not appropriate. The report prepared by Golder Associates did not conclude that the area has no groundwater recharge potential, but that the impacts of the proposed development would be minimal and that they can be offset by mitigation measures such as the infiltration from the proposed stormwater management pond. The retention of the Groundwater Recharge Area delineation on Schedule "6" will continue to ensure that as development applications are advanced, appropriate studies can be completed and appropriate mitigation measure identified prior to development to ensure the quality, quantity and functions of the groundwater features are maintained. The request to delete the Groundwater Recharge Areas delineation is not recommended as it is not in keeping with the Provincial Policy Statement. Road Crossinq of Drain With respect to the addition of the secondary collector road to Schedule "B, Section of the PPS indicates transportation systems should be provided which are safe, energy efficient, facilitate the movement of people and goods, and are appropriate to address projected needs. The proposed delineation of the secondary collector road ensures that an adequate transportation system is provided to serve this community. The transportation policies must be balanced with section 2.2 respecting water resources, as the proposed collector road crosses a Class D Drain that contains fish habitat. Section generally directs development to areas outside of hazardous lands adjacent to streams which are impacted by flooding hazards and/or erosion hazards. The Upper Thames River Conservation Authority, in commenting specifically on the proposed road crossing, indicated that pursuant to Section 28 of the Conservation Authorities Act, the landowner will be required to obtain written approval from the UTRCA prior to undertaking any works including filling, grading and /or construction in the regulated area. The regulated area includes the hazard lands associated with the drain. With respect to fish habitat, the UTRCA indicated that in accordance with the Federal Fisheries Act, "no person shall carry on any work or undertaking that results in the harmful alteration, disruption or destruction (HADD) of fish habitat". UTRCA and Fisheries and Oceans Canada (DFO) approval will be required for any alterations to the Class D Drain. The UTRCA went on to further indicate that if adequate mitigative measures can not be implemented to prevent a HADD, the Department of Fisheries and Oceans must provide authorization. In summary, the delineation of the secondary collector road is conceptual in nature and will be subject to in depth reports respecting the impacts on the resource and the mitigation of impacts before it can be constructed. The addition of the secondary collector road to Schedule " B is appropriate and recommended. Protection of Environmentally Siqnificant Area Section of the PPS indicates natural features and areas shall be arotected for the lona term. Section indicates development and site alteration shall' not be permitted ii significant woodlands south and east of the Canadian Shield, unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. The Kains Woods ESA is located to the north of the area proposed for subdivision draft approval. The River Bend Community Plan delineates the SA and provides a 30 metre buffer which is to be refined at the development approval stage through the preparation of an Environmental Impact Study. The recommended draft plan and zoning will not allow the development of any of the lands within the 30 metre buffer until the require EIS is completed. The applications as recommended are consistent with the Provincial Policy Statement. Riverbend Communitv Plan: The Riverbend Community Plan was originally adopted by Council in Revisions to the plan were adopted in 2004 that among other items, relocated an elementary school site from the east side of Westdel Bourne to accommodate concerns raised by Imperial Oil. These amendments did not affect the lands affected by the proposed plan of subdivision. The Plan anticipates low density residential uses on all of the subject lands. Lands to the north, are delineated as the site of an existing Environmentally Significant Area to be preserved, and for future development for multi-family purposes on the agricultural lands locally described as "the boot". The ESA is bounded by a 10 to 30 metre buffer. The Community Plan intended that the width of the buffer be refined when adjacent lands are considered for development. The buffer extends into proposed Lots 19 through 22 at the north end of the plan of subdivision. The applicant is currently in the process of preparing an Environmental Impact Study to confirm the boundary of the ESA and provide recommendations for buffers and other measures to protect the ESA. This EIS will undergo review by appropriate Departments and Agencies and its recommendations will be implemented with respect to these lots, as well as to any future 17 I.

18 fgenda Item;, Page#, B. DebberU3QT-05514/ development application on the lands to the north. In the interim, the recommended draft plan conditions require that these lots be deleted from the final plan to be registered, if an EIS addressing the impact of these lots on the ESA has not been accepted by the City. Further, the recommended zoning by-law amendment would leave these lands in the Agriculture (AG) Zone until the EIS is accepted. The lands to the south of the proposed subdivision are to be developed for stormwater management and park purposes, and for medium density residential housing. Communitv Focus The community focus for the Riverbend Community Planning Area is the schoolldistrict park complex at the intersection of Shore Road and Riverbend Road, and to some extent the community shopping area on Riverbend Road south of Shore Road. The development of the subject site will contribute a part of the population base needed to sustain the focal areas. More locally, the SWM/park complex and in the future the ESA, will provide for passive recreational opportunities. Official Plan Policies: Schedule "A - Land Use The subject lands are designated "Low Density Residential" in the City of London Official Plan. The recommended plan of subdivision complies with the permitted land uses in these designations. Schedule "B" - Environmental Features No environmental features are delineated on Schedule "B" with resdect to the area of the proposed plan of subdivision. The proposed secondary collector road would cross an existing drain which is shown on Schedule " B as being within the UTRCAs floodline mapping. The Schedule also identifies a slope hazard coincident with the rear yards of requested Lots The UTRCA did not identify any concerns related to the slope hazard on these lots. As noted in the analysis of the Provincial Policy Statement, the UTRCA has indicated that the approval of the UTRCA and possibly the Department of Fisheries and Oceans will be required prior to the construction of the secondary collector road. The road crossing is not affected by the plan of subdivision under consideration. However, a condition of draft approval is included generally requiring all approvals required by the UTRCA to be obtained. Ail of the subject land is shown as being within a "Groundwater Recharge Area, Headwaters and Aquifers" on Schedule "B of the Official Plan. The applicant submitted a groundwater report entitled "Potential Impact of Development on Groundwater Recharge - Proposed Westdel Bourne Subdivision - London, Ontario" (Golder Associates, November 17, 2005) that attempted to address the groundwater characteristics in the area and potential impacts from development. The report was reviewed by both the Ministry of the Environment and by Wastewater and Drainage Engineering staff of the City of London. Both agreed the report did not justify the deletion of groundwater resource area delineation since groundwater recharge resources exist. The report indicated the impacts of the development would be minimal and that mitigative measures could at least partially offset those impacts. Additional water balance calculations and analysis will be required prior to development to ensure mitigationlprevention of depletion of groundwater quality or quantity is addressed. Conditions of draft approval 23 and 24, in addition to standard condition 14, are included that required this additional work to be completed. Schedule " C -Transportation Schedule "C" identifies Westdel Bourne to the north limits of the proposed plan of subdivision as a orimarv collector road. No collector roads were identified within the lands west of Westdel Bourne through the Community Planning process. Secondary collector roads are intended to collect and distribute traffic between local streets and arterial roadways. In addition, the anticipated traffic volumes to be generated by the build-out of this area would exceed the maximum 1500 vehicles per day that local streets are intended to provide. Staff have reviewed and are recommending an amendment to the Official Plan to add the conceptual alignment for a secondary collector road linking Westdel Bourne and Oxford Street West. The recommended plan of subdivision is consistent with the recommended secondary collector road alignment.

19 REQUESTED DRAFT PLAN OF SUBDIVISION

20 I 39T RECOMMENDED RED-LINE REVISIONS C--:h,.(tZ 22.5 metre wide road allowance for 45 metres west of Wesdel Bourne with 30 metre taper to 21.5 metres: 6.0 x 6.0 metre daylighting triangles and amend plan boundary as necessary 0.3 m reserve Revise lots and adjust subdivision boundary as shown LEGEND /v Redline Revisions SUBJECTSITE: Part of 810 Westdel Bourne FILE NO. 39T BD MAP PREPARED 2006/07/04 CK 60 1~2500

21 B. Debbert139T Draft Plan of Subdivision: Subdivision Boundaries and Design: Subdivision Boundary The requested plan of subdivision is part of a larger landholding that extends from Oxford Street West, north to the Thames River. The subdivision boundary on the south recognizes the drainage areas set out in the River Bend Sanitary Sewerage Servicing Master Plan and the Storm Water Drainage Servicing Plan. The lands south of the proposed subdivision will rely on sanitary and stormwater management facilities that are currently not available. The subdivision boundary on the north recognizes the need for substantial environmental work to be completed with respect to the Kains Woods Environmentally Significant Area before development can occur in proximity to it. Loss of Rural and Environmental AmenitylFeatures Public comments were received expressing concerns about the loss of rural and environmental amenity features. The decision to develop these lands was made through the approval of the River Bend Community Plan and related Official Plan Amendments. The Area Plan was the subject of several public meetings and intense scrutiny by the Ontario Municipal Board. The loss of rural amenity is an inevitable result of development approvals. Rural amenity is being maintained in areas of the City that are outside the Urban Growth Boundary. Consideration of the subject draft plan of subdivision will have no impact on the existing environmental amenities. General Desiqn The recommended draft plan consists of 73 lots for single detached dwellings and one block for multi-family housing. All lots and blocks are to be accessed from inside the subdivision via a curvilinear secondary collector link and local road system. The recommended lotting, block and road patterns are consistent and compatible with approved developments on the east side of Westdel Bourne, and respect, within reason, the existing privately serviced estate lots on Ashgrove Court and Westdel Bourne. The secondary collector road aligns at its north end with Kains Road across Westdel Bourne. Overall, the recommended subdivision location, boundary layout and design is consistent with supporting documents including the Official Plan, Community Plan, Servicing Master Plans, and represents good planning. Lot Pattern and Size: Zoninq Compliance/Lot Sizes Adiacent to Ashqrove Court ProDerties The owners of the lots at the west end of Ashgrove Court requested that the proposed adjacent lots be zoned R1-10 to be more consistent with the existing large estate lots on Ashgrove Court, and noted that the proposed lots did not meet the minimum requirements for the requested R1-9 Zone on the affected lands, A detailed concern from the owner of 1979 Ashgrove Court, was the potential creation of five new lots abutting the existing rear property line. The owners requested that the lots be more regular in shape rather than having narrow rear lot lines, and have a minimum frontage of metres, consistent with the proposed lots bordering Ashgrove Court on the north. The existing lots on Ashgrove Court are estate sized lots by necessity as they are serviced by private services and sized to accommodate private septic systems and wells. Staff could not support the creation of estate lots of comparable size on municipal services as it would be contrary to the intent of the Provincial Policy Statement to encourage intensification of residential land uses. At the same time, some sensitivity to existing development is required. The area residents have been reasonable in recognizing that R1-14 zoning applies to large lots on private services and it is not reasonable to require lots of exactly the same size. The applicant has also been reasonable in recognizing the neighbourhood concerns in this respect and has been very co-operative in considering plan revisions to address these concerns. Staff have considered various plan revisions and have attempted to achieve some balance in the context of neighbourhood concerns, the interests of the developer and the need to encourage intensification in new residential developments. As a result, the recommended plan includes red-line revisions that regularize lot shapes where possible, provide larger frontages (ranging from 18 to 29 metres) and areas (ranging from 906 to 1,653 square metres), and reduce the number of lots backing onto 1979 Ashgrove Court to four. It is noted that there are other lots within the plan of subdivision that require minor adjustments to comply with the minimum frontage or area requirements for the recommended zones. The 21 I.

22 Agenda Item # r---7 Page # 7 B. Debbert/39T-05514/OZ-7076 applicant has demonstrated at staff's request that these adjustments can be achieved and do not have a significant impact on existing development (ie. number of rear yards adjacent to existing lots remains the same). The recommended red-lined revised plan contains a notation that all lots must comply with the approved zoning prior to final approval. Corner Lots It is the City's practice to oversize corner lots by the difference between the interior side yard requirement and the exterior side yard requirement, to allow a home with a similar footprint as on the interior lots to be constructed. While some oversizing was proposed by the applicant, it was based on minimum frontage requirements instead of the frontage of proposed adjacent lots. The additional lot width ranged from 2-3 metres and would likely be insufficient. In order to avoid the possible future need for minor variances, general red-line revisions to the plan are recommended to increase or provide oversizing on Lots 11, 22, 23, and 39 to the satisfaction of the City, prior to the first submission of engineering drawings. Corresponding reductions in the widths of the intervening lots will be required to accommodate this change. The applicant will be required to make best efforts to achieve the preferred 4.8 metre oversizing and has demonstrated that this can be done in most cases. However, the full 4.8 metres will not be required by staff if it results in non-compliance with the Zoning By-law or a reduction in the number of lots. It is noted Lots 33 and 34 are oversized but this is not required as the lots are in a back-to-back configuration. Lots Bounded bv Streets "A and " 6 A review of Lots in the south-central portion of the requested draft plan indicated that some of the lots did not comply with the zoning requirements for the requested R1-8 Zone, and that at a minimum, corner Lots 44 and 51 required oversizing to provide a consistent building envelope. The proposed lotting pattern also presented frontages oriented to three different streets, potentially resulting in an inconsistent street face when the homes are constructed. In discussions with Planning staff, the applicant provided alternative lotting that achieves a more regular and cohesive lotting pattern, deals adequately with the corner lot issues, and provides for a more cohesive interface between the streets and the homes to be constructed. The design objectives set out by staff for this block were difficult to achieve within the requirements of a Residential R1 (RI-8) Zone, which requires a minimum lot frontage of 15.0 metres (49.21 feet) and a minimum lot area of 600 square metres (6, square feet). Instead, the applicant designed these lots to meet the requirements of the Residential R1 (RI-7) Zone, which still requires a minimum lot frontage of 15.0 metres (49.21 feet), but a slightly smaller minimum lot area of 550 square metres (5, square feet). Staff are supportive of the proposed relotting in this area, and accordingly the recommended red-line revisions reflect the change. Further, the Residential R1 (RI-7) Zone is supported as it facilitates good design, is located to avoid conflict with existing estate residential lots, and supports land use intensification by allowing the addition of one lot to this area. The most westerly revised lot is a corner lot that would require oversizing in accordance with normal subdivision design practices. It is noted, however, that the lot is irregular in shape and substantially deeper than the neighbouring lot to the east. Staff have confirmed with the applicant that a custom footprint will be required, and are advised that the proposed builders are aware of the lot limitations and would not expect to require a minor variance in order to achieve the minimum exterior side yard setback. Given these assurances and in order to achieve the broader design objectives for this block, staff are not recommending that oversizing of this lot be required. Building Orientation on Multi-family Blocks: Recommended Block 75 provides for the construction of a low density cluster housing development in the form of single detached, semi-detached or duplex dwellings. Many multifamily sites have traditionally been developed with an internal orientation and fencing along the road networks. Alternative design considerations, such as street oriented development along both Westdel Bourne andlor the Kains Road and Street "A frontages are encouraged, to create a high quality of design that minimizes or eliminates fenced enclaves that turn their backs on the remainder of the community. Alternative designs of this type also provide increased opportunities to design for pedestrian access to the road network and public transit system via the public road system. This type of orientation would be supportive of the new development and consistent with the approved site plan at the south-east corner of Kains Road and Westdel Bourne. A condition of draft approval is recommended that requires the residential development on the multi-family block to be oriented to the streets to provide a high quality of urban design. A holding provision is recommended on the zoning for this block, reflecting the same requirement. 22

23 r l t e m r, Page#, B. DebberU39T-05514/ Fencing between existing and proposed Single Detached Lots: Several landowners on Ashgrove Court requested that the City require the Owner to erect a fence of consistent design along the rear lots lines of all of the proposed lots that abut Ashgrove Court properties. It is not the practice of the City to require fencing between existing single family dwellings and new single detached residential lots, as the uses are considered compatible. Staff acknowledge that there is a possible negative visual impact if multiple property owners abutting a larger lot erect various fence types. However, the issue is commonly resolved through some type of agreement arrived at between the applicant and the existing homeowners. This might involve a commitment by the applicant to erect a fence of consistent design, or to require the builders to erect a specified type of fence on each lot. Staff do not recommend the inclusion of a requirement by the City for the requested fence to be erected. Parkland Dedication: The Riverbend Community Plan does not contemplate a park within this plan of subdivision and therefore, one is not provided or recommended. The Community Plan provides for an active park on the lands to the south. The dedication of parkland is to be deferred to the development of the lands to the south, in the amount of 5% of the land subject to this application (approximately 0.47 ha.). WalkwaylSWM access in future phase: The approved Community Plan identifies a future Stormwater Management Facility/Open Space complex on lands to the south of proposed Street "B and future development lands to the west. The Planning Division identified the future need for an access from a future subdivision to the SWMlPark complex. Such an access may take the form of a substantial frontage on the westerly extension of Street " B to provide visibility, maintenance access and a parklike amenity, rather than a narrow walkway. No amendment to the draft plan currently under consideration is required to accommodate this future need. The owners of 1979 and 1981 Ashgrove Court requested that the plan provide for a 10 metre wide walkway from the proposed plan of subdivision to the SWM/Park complex, located between the rear lot lines of 1979 and 1981 Ashgrove Court and requested Lots Staff considered the request but are not supportive for the following reasons: the walkway would need to bend at its north end to connect to Street "B, creating blind spots that are not supportive of Crime Prevention Through Environmental Design (CPTED) principles or City standards for walkway design; the walkway would be too long and would not be supportive of CPTED design principles; City standards would not require that the walkway be lit; and of all the Ashgrove Court properties, the proposed location would benefit only 1979 and 1981 Ashgrove Court, as there would be no legal public access from the cul-de-sac to the walkway. Any anticipated benefits to 1979 and 1981 Ashgrove Court assumes the City would allow gated accesses directly to the public walkway. Staff acknowledge Ashgrove Court and other existing properties on Westdel Bourne will not have a convenient access to the SWMlPark complex. The appropriate location for a public walkway access from Ashgrove Court to the SWM/Park complex would be between 1981 and 1983 Ashgrove Court. This would necessitate the dedication of part of one or both of these lots to the City. The provision of a walkway in this location would not eliminate the need for a park access from the extension of Street " B in a future plan of subdivision. Protection of the ESA: The Kains Woods Environmentally Significant Area (ESA), as identified in the Community Plan and delineated on Schedule "B" of the Official Plan, is located to the north of the proposed plan of subdivision. At its closest point, it is approximately 15 metres away from the north boundary of the plan of subdivision. The Community Plan recognized that the required buffer to the ESA could range from 10 to 30 metres, and accordingly imposed a maximum 30 metre buffer along the outside edge of the SA. The 30 metre buffer affects requested Lots 19 through 22, inclusive and the affected area is delineated by a dash-dot line on the requested draft plan. The clear intent of the Community Plan is that an Environmental Impact Study is required at the draft plan of subdivision stage to confirm the ESA boundary and any required mitigation for development, including identifying the actual depth of environmental buffer required. 23

24 (4gendaltem;, Page#, uu B. Debbert/39T-O5514/ The required study has not been completed or accepted by the City at this time to determine the depth of buffer required, or whether the proposed Lots 19 through 22 will be affected by the final results of such a study. Staff considered various options to address the treatment of these proposed lots until it is confirmed whether they can be developed for residential uses. Option 1 involves deleting the lots from the requested draft plan of subdivision as part of the draft plan approval. No residential zoning would be placed on these lands. The lots would be included in a future plan of subdivision, if appropriate. This option seems somewhat extreme in the event that a successful study can be produced by the applicant before the plan of subdivision is registered and is not recommended. Option 2 involves including Lots 19 through 22 within the draft plan of subdivision currently under consideration, and rezoning the lands for residential use, with a holding provision to prevent the development of the lots until such time as the required Environmental Impact Study is submitted to the satisfaction of the City. In order for the lots to be available for development, the study results would have to indicate that the required buffer is outside the proposed lots. This is the approach preferred by the applicant. The disadvantage, however, is that there is some potential for the creation of new lots that will always be affected by the recommended buffer and may never be able to meet all of the requirements for development. Once the lots are registered, there is no municipal authority to require the lots to be "deregistered or reconfigured. This option is not recommended. Option 3 is a blend of Options 1 and 2 that provides some flexibility for the developer and guarantees that new lots will not be created, that can not be developed due to the proximity of the ESA and the buffer that is finally accepted by the City. This option includes the four affected lots in the recommended draft plan of subdivision. A condition of draft approval is recommended that would require the lots to be deleted from the plan prior to final approval if an EIS has not been submitted and accepted by the City, that demonstrates the lands are outside the required environmental buffer. Residential zoning is not to be approved for these lots until a satisfactory EIS is submitted. Should the lots be proven developable prior to final approval, the City would initiate a further zoning by-law amendment to place the appropriate residential zone on the lots. Option 3 is the preferred option recommended by staff and implemented through the recommended draft plan of subdivision, conditions of draft approval, and zoning. Tree Preservation: A tree preservation report is required for this draft plan of subdivision. The applicant's consultant has submitted a tree preservation report that is currently under review. The recommendations of the report ultimately accepted by the City are to be implemented as part of the engineering design drawings for the subdivision and/or the multi-family block. Second Access: The recommended draft plan of subdivision provides for the construction of 73 single detached dwellings on freehold lots, and up to 48 units on Multi-family Block 75. It has been the City's practice to ensure that once the number of units served by one access exceeds 80, a second or emergency access be provided for the site. It is possible that this subdivision will exceed 80 units before the second permanent access to Oxford Street West in a future plan of subdivision is provided. On a temporary basis, the second access may be provided in an easement across the south end of Block 75, between Street "A and Westdel Bourne. The subdivision agreement will contain provisions for a possible second access should the need arise, to be located, constructed, maintained and closed in accordance with the requirements of the City Engineer. Enqineerinq issues: Sanitary Capacity: This site is to be serviced by the Oxford Pollution Control Plant. In a report to the Environment and Transportation Committee dated March 21, 2005, EESD identified a capacity issue at the Oxford Pollution Control Plant. Following consultation with the stakeholders, Council established the Oxford Pollution Control Plant Reserve Capacity Rules to be applied until the City Engineer has determined that additional capacity is available. In keeping with the intent of the proposed Rules, the draft approval period is extended from three, to five years. The recommended conditions of draft approval indicate that no development of this site will be permitted until the current capacity deficiencies at the Oxford Pollution Control Plant are resolved and the City Engineer has allocated capacity at the plant. The recommended zoning 24

25 B. Debbertl39T-05514/ for this site includes the standard holding provision that will prevent development of the lands until servicing capacity at the Oxford Pollution Control Plant has been allocated. The upgrades to the Oxford PCP to increase capacity are anticipated to be completed by late 2007 or early Currently the project is in the detailed design stage and may be tendered in late 2006 or early Development restrictions and restrictions imposed to the allocation of sewage treatment plant capacity in this area will be lifted when the upgrades to the plant have been completed. It may be possible to lift controls related to the allocation of treatment plant capacity to new development at the Oxford PCP after the tender is awarded to upgrade the capacity of the plant. This would be subject to the discretion of the City Engineer and based on the monitoring of flows and the amount of development which has occurred in the area. Proposed Sanitary Sewer Option: In late 2005, the owner's professional consultant proposed a sanitary sewer servicing option that would decrease the depth of the sewer by routing through part of the Kains Woods ESA and the Woodeden camp to the west. The current review of this option by the City has not been completed pending the receipt of further technical information from the owner's engineers. Given the environmental sensitivity of the land through which the sewer would be located it is also likely that an Environmental Assessment would be required. The possibility of an alternative alignment is recognized and requirements associated therewith are set out in recommended conditions of draft approval no. 19. GroundwaterMlells: Existing area residents and businesses rely solely on individual water well for all their water needs. Numerous concerns have been expressed regarding the potential impact construction of the subdivision and of the future collector road will have on the water quality and quantity in these wells, both during construction and in the long term. Information from the 1997 Golder Associates report entitled "Hydrodeological Study - Riverbend Community Planning Area" respecting existing wells and the depths of the aquifers they use as the water source, is summarized on the map on the following page. The base information was derived from the Ministry of the Environment water well records. The aquifers are classified as shallow, intermediate, deep or bedrock. Most of the wells shown on the attached map are either shallow or intermediate. In an attempt to obtain an historical perspective on the issue, the applicant was requested to have its professional engineer provide a summary of impacts on wells during the installation of the deep sewers along Kains Road. A Project Memo is attached for information purposes as Appendix 39T to this report. According to that memo, there was no evidence of an adverse impact on the wells in the area. It is acknowledged that there is always the possibility that there will be impacts on groundwater resources andlor water wells during and after construction. The Owner is aware of the issue and has indicated it has every intent to use the appropriate construction methods and regular monitoring of well conditions in order to prevent adverse impacts on local water supplies. The Wastewater and Drainage Engineering Division of the Environmental and Engineering Services Department was specifically consulted with respect to required conditions of draft approval to minimize the risk of impacts on the local wells and provide for mitigation in the event the wells are affected, during or after construction. As a result, conditions of draft approval are recommended that require the Owner 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 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, and 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. 25

26 39T WATER WELL LOCATIONS AND DEPTHS

27 Item;, Page# B. Debbert139T-05514/ Prior to the submission of engineering drawings, have a report prepared by a qualified consultant that provides water balance calculations and required analysis and recommendations respecting post and pre development conditions, all to the specifications and satisfaction of the City Engineer. - Based on the water balance calculations and recommendations accepted by the City, undertake all necessary mitigation measures to ensure that effects of the proposed construction and post development conditions on the subject lands will not adversely impact on the adjacent properties and specifically on the existing private water wells. The fulfillment of these conditions will provide the best possible protection to the area water wells against adverse impacts from construction, and provide the necessary mitigation measures in the event an adverse impact occurs. Location of Collector Road: The River Bend Community Plan and associated Official Plan Amendment did not consider a secondary collector road network for this portion of the Planning District. Secondary collector roads are intended to collect and distribute traffic between local streets and arterial roadways. The proposed secondary collector road will distribute traffic between Westdel Bourne at its intersection with Kains Road, and Oxford Street West. Based on the mix of Low Density Residential and Multi-family, Medium Density Residential designations on the lands, the land area involved, and the number of residential units anticipated to be constructed in the area, the anticipated traffic volumes would exceed the maximum 1500 vehicles per day that local streets are intended to provide. From a functional perspective, secondary collector roads are required to have a minimum road allowance width of 21.5 metres, 1.5 metres wider than the local road standard that would otherwise be required for this connection. The additional road width allows for the construction of the necessary stacking and turn lanes that will be essential to facilitate the safe and smooth flow of traffic. This will particularly critical for the morning demand for left turns from the collector road onto Oxford Street West toward the employment and commercial centres to the east. The use of a secondary collector road allowance and profile also increases the City's ability to control the amount and location of on-street parking, and provide for gateway features at the main intersections. The possible locations for the intersection with Oxford Street West are constrained by existing development clustered at Oxford Street West and Kains Road on the east, and by the Urban Growth Boundary on the west. The proposed secondary collector road is intended to align with Gideon Drive which currently ends in a T-intersection with Oxford Street West. Ultimately, matching the intersections avoids the conflicts in turning movements that occur with offset intersections. The preferred location also satisfies the standard design requirement that collector road intersections be spaced approximately 400 metres apart. The proposed southerly intersection is approximately 400 metres from the intersection of Westdel Bourne, a primary collector road, with Oxford Street West. The northerly connection with Westdel Bourne aligns with the existing Kains Road intersection and also meets spacing requirements. Several area landowners have expressed concerns about the future safety of additional turning movements at the proposed intersection with Oxford Street West. At the time of approval of development of the lands adjacent to the proposed intersection, the Owner will be required to complete a sight line analysis to ensure that safety standards are met. The analysis is to recommend any mitigation measures required, that might include adjustments to the curvature or elevations of Oxford Street West. Claims and Revenues: The EESD comments noted that the claims exceed the revenues for this site by $703, The major impact is the expense of installing the sanitary sewer to the depth required (approximately 15 metres) and the associated measures to ensure the groundwater resources and local wells are not permanently affected by the construction. The total claims excluding stormwater management facilities is $1,132,000, of which $912,000 is for the required sanitary works. Evaluation of PfOiDOSed Zoninq: Proposed Zoning of Single Detached Lots: The applicant requested the Residential R1 (RI-9) zone on all lots within the proposed draft plan that are adjacent to existing residential development, in recognition of the need for a transition from privately serviced estate sized lots to generous lots on municipal services. The 27

28 TA enda Item l # Page # B. DebberV39T-05514/ R1-9 Zone requires a minimum frontage of 18.0 metres (59.06 feet) and a minimum lot area of 690 square metres (7, square feet). The lots in the proposed R1-9 zone, as recommended, will comply with and in most cases, exceed the recommended zoning prior to final approval. The exceptions are lots 53 and 54 adjacent to the proposed multi-family block. These lots meet the minimum frontage requirements but have areas just over 600 square metres. These lots have sufficient depth to accommodate substantial homes and an R1-8 zone is recommended for these two lots. The recommended lots in the R1-9 zone provide an appropriate balance between recognition of the size and character of the existing surrounding residential lots, and the need to use the land in a more efficient manner for new plans of subdivision. The proposed lots are intended to meet the needs of the high end housing market. The applicant requested a Residential R1 (RI-8) Zone for the remainder of the single detached lots in the plan of subdivision. The R1-8 Zone requires a minimum lot frontage of 15.0 metres (49.21 feet) and a minimum lot area of 600 square metres (6, square feet). The R1-8 zone allows for a transition to slightly smaller lots while maintaining the feel of a high end neighbourhood, and is considered appropriate for the lots in the interior of the subdivision. As a result of the revisions to requested Lots 44 to 52 bounded by Streets '"A and "B" as noted previously, an R1-7 Zone is to be applied to these lots. Proposed Lots 19 to 22 are excluded from the recommended zoning by-law amendments pending the receipt of an EIS acceptable to the City, that demonstrates the lots will be outside the required ESA buffer. The City will initiate an application to rezone these lots to an appropriate residential zone if such a study is submitted and accepted prior to final approval of the draft plan of subdivision. Proposed Zoning of Multi-family Block 75: The applicant requested the Residential R6 (R6-4) zone for the multi-family block, to permit cluster single detached, semi-detached and duplex housing forms at a maximum density of 30 units per hectare and a maximum height of 10.5 metres. This zone is consistent with the applicable Low Density Residential designation in the Official Plan, permitting a maximum density of 30 units per hectare. Block 75 is also subject to an additional holding provision that requires a building orientation plan to be prepared prior to the submission of a site plan application for this site. Section 4.21 Road Allowance Requirements: The recommended OPA and plan of subdivision include the creation of one secondary collector road, which is the westerly extension of Kains Road. Secondary collector roads are identified in Section 4.21 of By-law No to ensure the proper yard setback regulation is applied. The recommended zoning by-law amendment includes the new road. Kains Road already exists in the By-law but the portion east of Westdel Bourne is classified as a Primary Collector. Holding Zone Provisions: Several site conditions warrant the application of holding provisions to the lots and block within this subdivision. Provision must be made through a subdivision agreement for connection to existing sanitary and storm sewers and watermains and for the appropriate design associated therewith. As a result, a general holding (h) provision has been applied to all of the lands in the subdivision. Removal of the holding provision is not expected until a subdivision agreement has been entered into. The entire site is affected by the lack of servicing capacity at the Oxford Pollution Control Plant which will ultimately serve this subdivision. The required expansion of the plant is planned for The recently created h-57 holding provision will be applied to all of the lands, having the effect of permitting existing uses only, until the allocation of capacity for service at the plant has been made. The orientation of the buildings to the road network in multi-family developments is a desirable, community oriented goal. The recently created Holding provision (h-71) is applied to Block 75 to ensure building orientation is considered before an application is made for site plan approval on Block 75. CONCLUSION The proposed Official Plan amendment, draft plan of subdivision and zoning by-lawamendment have been reviewed with respect to the Provincial Policy Statement, the City of London Official Plan, the Riverbend Community Plan and other Guideline documents. 28

29 Agenda Item # Page # r-lr B. Debbert139T-05514/ The draft plan, as red-lined, will permit a range of housing types in conformity with Official Plan policies. It is also consistent with the adopted Community Plan with respect to the variety and distribution of the recommended land uses. The recommended conditions of draft approval address the servicing requirements that are to be met prior to the development of these lands. The applicant has requested a range of zones which will permit a mix of residential dwelling types. The requested zones are considered appropriate as they will permit residential uses anticipated by the revised draft plan of subdivision and recognize the nature of existing surrounding development. It is recommended that a variety of holding provisions be applied to deal with the need for a subdivision agreement, sanitary service capacity restrictions, and unit orientation to the streets. 11 PREPARED BY:.I SUBMITTED BY SUBDIVISIONS &SPECIAL PROJECTS RECOMMENDED BY. / // I PROJECTS UBDlVlSlONS & SPECIAL - R. W. PANZKR GENERAL MANAGER OF PL ING AND DEVELOPMENT July 6, 2006 BDI Attach. Y:\sharedsub&spec\subdiv\2006\39T-04507\39T planning committee report 29

30 ~ City NOTIFICATION MAP 120m Radius Buffer Subject Site: 810 Westdel Bourne Drive Applicant: WEST KAlNS LAND CORP. Roll Number: File Number: 39T CORPORATION OF THE CITY OF LONDON Prepared By: PD - Planning Planner: Barb Debbert Created By: Barbara Debbert Date: 1/13/2006 Scale: 1: 7500 N lo0ol : LEGEND asubject Site 7 rt Parcel Water 1 Buildings R Draft Approved Boundary Union Gas Pipeline (20 m buffer) Addresses

31 pgenda Item;, Page # B. DebberV39T-05514/ Responses to Public Liaison Letter and Publication in Living in the City lai Demopoulis 0485 Pulham Road.ondon ON N6H 5L2 TeleDhoneNisit to Plannina Division isue Summary: - Objecting to future possible development in the boot, the agricultural - fieh north of the proposed subdivision. Requested notice of further developments with the application iileen Trollop <R#41.ondon ON N6H 5L2 ssue Summary: Rai Demopoulis requested notice of further developments on Ms. Trollop s behalf -ed Normile!012 Oxford Street West.ondon ON N6K 4M8 Written ssue Summary: - Requested electronic copy of notice to forward to an interested party Requested notice of further developments with the application eter Ovsenek 389 Westdel Bourne.ondon ON N6K 452 ssue Summary: - Generally supportive of the subdivision. Wished to see lots 55, 56 and remain as is backing onto his property - Requested notice of further developments with the application ris Gutmanis!085 Oxford Street West.ondon ON N6K 4P1 ssue Summary: - Nature and landscapes for which she bought her home will be compromised by the proposed secondary collector road. Concerned the road will compromise the water source; have not been t if she is to receive city water or other city amenities in the future. - Negative impact on wildlife with future filling of the pond and construction of the road - Change in traffic patterns on Oxford Street West; additional intersection at the bend in Oxford Street across from Gideon Road will increase the number of accidents many of which have historically been fatal. A traffic light would be necessary, resulting in a negative impact on the flow of traffic on Oxford Street and increase in local air pollution. - Development at this location means the loss of fertile agricultural land. Requested the placement of the road at another location. If not, she will be forced to sell her home. - Requested her correspondence be included in the report (see Appendix 39T ) 31 I.

32 pgenda Item;,, Page# B. Debbert139T-05514/ lennis and Mary Humen 1981 Ashgrove Court.ondon ON N6K 4S2 ssue Summary: - Respecting lot sizes and zoning, requesting that Lots 53 through 74 be zoned R1-I0 to be more consistent with the large lots and R1-14 zoning on the adjacent Ashgrove Court. It was also noted that the proposed lot fabric does not meet the minimum requirements of the requested R1-9 Zone. - With respect to groundwater, expressed concern about the potential impact of the development on the quantity and quality of the water resource as existing homes in the area are dependent on well water. They requested assurances that the resource will not be in jeopardy and that a contingency plan be in place to accommodate interruptions in availability or an unacceptable decline in the quality of the resource. - With respect to the existing environmental resource, requested that the City continue to honour the commitment made in the Area Plan to have the Stormwater Management facility and associated green area located to the south of Ashgrove Court and that pedestrian access to this feature be made available via a 10 metre wide, lit walkway be provided along the westerly property boundary of 1979 and 1981 Ashgrove Court. - Requested notice of further developments with the application ris Van Greuningen 1973 Ashgrove Court -ondon ON N6K 4S2 ssue Summary: - She is the developer and a resident of Ashgrove Court which is an enclave of 12 large estate lots in a tranquil setting with upscale homes. Concerns were summarized as: - Reduction of property values - Lots should be made similar in size to proposed Lots Requesting a privacy fencelnoise barrier along the perimeter of the existing residential lots to avoid a mix of fence types along the property boundaries. - Requested notice of further developments with the application - Later sent a petition signed by 9 of the 12 owners on Ashgrove Court, concurring with the content of letters sent by Iris VanGreuningen and Dennis and Mary Humen. 5 signatures were from people who had not already sent their own comments. One signature was from an owner who in his own correspondence expressed no concerns provided the lots backing onto his property remained as proposed. 32

33 Agenda Item # r-7 B. DebberU39T ance and Linda Cronk 979 Ashgrove Court ondon ON N6K 452 :sue Summary: - With respect to lot sizes and zoning, Lots 63 through 70 have lot frontages that comply with the R1-8 zone, not the R1-9 zone requested. The lots on Ashgrove Court are zoned R1-14 and had restrictive covenants requiring homes to have a minimum of 2500 to 3000 square feet. To maintain the character of Ashgrove Court and the value of the existing homes, requested an R1-10 Zone be applied to the adjacent lots. The frontage of Lots 55 through 62 is more appropriate. - The width of the lots at the back and overall lot size are an issue. More specifically, lots 69 and 70 should have a minimum of metres both front and back, and lot 68 should have a minimum frontage of metres with the appropriate side dimensions and area. - With respect to groundwater, requested assurances that the water supply will not be affected in any way, and that contingency plans are in place should there be any decline in quality, quantity or permanent loss of water supply. Requested notice of further developments with the application 3arbara Gray vlanager, Provincial Services (Recreation) :aster Seal Society I1 85 Eglinton Avenue East Suite 706 roronto ON M3C 3C6 Noodeden Camp the Easter Seal Society owns the property to the west and operates the Woodeden Camp as a residential camp for children and youth who have a physical disability. It operates year round for both recreational programs and community rental groups. Easter Seals is worried about the proposed subdivision and the secondary collector road. Easter Seals Camp Woodeden obtains all of its drinking water from an underground water source. Our well and pump house is located beside the proposed road. Easter Seals is concerned that this road will impact the quality of the water and the amount of water available for our camp use. Easter Seals is also worried that the increase in the housing density may also impact this water source. - Requested notice of further developments with the application 33 I.

34 Pgenda Item,#, Page#, B. Debbert139T Z-7076 John Wilson Frank s Lane RRMI London ON N6H 5L2 Issue Summary: - has at various time expressed concern about activity on the agricultural lands and adjacent to the ESA north of the proposed subdivision on land: owned by the owner - these issues are separate from the subdivision anc have been dealt with through the application of the Tree Cutting and Site Alteration by-laws. Does not support any future provision for development of the boot -the agricultural field north of the proposed subdivision - This draft plan is for a subset of the total parcel and is premature when considered against the City s Official Plan, which promotes compact urba form. - Subdivision will extend the veneer of construction west along the river without infilling back to Oxford Street West. This application for development should not be considered until the areas south of the currently developed lands are full. - Requested that Committee reconsider the total area of land available. Indicated that the UTRCA during the area planning process, said that the boot would never be developed but would be reforested as an antifragmentation zone. Rather than multifamily uses, to minimize the impact on the ESA, this area should be reforested or used for passive recreation as a park. (see Appendix 39T ) for full text. - Requested notice of further developments with the application Wendy Gilmour 1983 Ashgrove Court London ON N6K 452 Issue Summary: notice of further developments with the application 34 I.

35 B. Debbert/39T-05514/ Bill NO. (number to be inserted by Clerk's Office) 2006 By-law No. C.P A by-law to amend the Official Plan for the City of London, 1989 relating to part of 810 Westdel Bourne and part of 2029 Oxford Street West. follows: The Municipal Council of The Corporation of the City of London enacts as 1. Amendment No. (to be inserted by Clerk's Office) to the Official Plan for the City of London Planning Area , as contained in the text attached hereto and forming part of this by-law, is adopted. 2. This by-law shall come into effect in accordance with subsection 17(38) of the Planning Act, R.S.O. 1990, c.p.13. PASSED in Open Council on July 24,2006 Anne Marie DeCicco-Best Mayor Kevin Bain City Clerk First Reading - July 24, 2006 Second Reading - July 24, 2006 Third Reading -July 24,

36 B. Debbert/39T-05514/ AMENDMENT NO. to the OFFICIAL PLAN FOR THE CITY OF LONDON A. PURPOSE OF THIS AMENDMENT The purpose of this Amendment is: 1. To add a new secondary collector road within the River Bend Planning District on Schedule "C", Transportation Corridors, of the Official Plan for the City of London. E. LOCATION OF THIS AMENDMENT 1. This Amendment applies to lands known as part of 810 Westdel Bourne and part of 2029 Oxford Street West, located west of Westdel Bourne, north Oxford Street West, and south of the Kains Woods Environmentally Significant Area in the City of London. C. BASIS OF THE AMENDMENT A portion of the lands described is the subject of an application for a residential plan of subdivision and related zoning by-law amendments. The concept plan presented by the applicant for the area proposes a transportation connection between Westdel Bourne and Oxford Street West, which would function to collect and distribute traffic from within the neighbourhood and funnel it to the surrounding arteriallprimary collector road network. The River Bend Community Plan and associated Official Plan Amendment did not consider a secondary collector road network for this portion of the Planning District. However, based on the mix of Low Density Residential and Multi-family, Medium Density Residential designations on the lands, the land area involved, and the number of residential units anticipated to be constructed in the area, the anticipated traffic volumes would exceed the maximum 1500 vehicles per day that local streets are intended to provide. From a functional perspective, secondary collector roads are required to have a minimum road allowance width of 21.5 metres, 1.5 metres wider than the local road standard that would otherwise be required for this connection. The additional road width allows for the construction of the necessary stacking and turn lanes that will be essential to facilitate the smooth flow of traffic. This will particularly critical for the morning demand for left turns from the collector road onto Oxford Street West toward the employment centres to the east. The possible locations for the intersection with Oxford Street West are constrained by existing development clustered at Oxford Street West and Kains Road on the east, and by the Urban Growth Boundary on the west. The proposed secondary collector road is intended to align with Gideon Drive which currently ends in a T-intersection with Oxford Street West. Ultimately, matching the intersections avoids the conflicts in turning movements that occur with offset intersections. The preferred location also satisfies the standard design requirement that collector road intersections be spaced approximately 400 metres apart. The proposed southerly intersection is approximately 400 metres from the intersection of Westdel Bourne, a primary collector road, with Oxford Street West. The northerly connection with Westdel Bourne aligns with the existing Kains Road intersection and also meets spacing requirements. The entire area under consideration is affected by a "Groundwater Recharge Area" shown on Schedule "B" - Flood Plain and Environmental Features of the Official Plan. Prior to the final design and construction of the collector road, a detailed hydro geological investigation will be required to be completed to the satisfaction of the City that deals with the potential impacts on groundwater resources and area wells. The proposed collector road also crosses a Class D Drain, characterized by permanent cold water flow with trout present. The drain has associated flood lines and slope hazards, and is subject to the written approval of the Upper Thames River Conservation Authority prior to undertaking any works in the UTRCA regulated area, and the Department of Fisheries and Oceans through the UTRCA for alterations to the Class D Drain. 36

37 miq Agenda Item # Pa e # 6. Debbert139T-05514/ D. THE AMENDMENT The Official Plan for the City of London is hereby amended as follows: 1. Schedule "C", Transportation Corridors, to the Official Plan for the City of London Planning Area is amended by adding a new collector road within the lands located north of Oxford Street West, west of Westdel Bourne, east of the Urban Growth Boundary, and south of the Kains Woods Environmentally Significant Area, as indicated on Schedule "1" attached hereto. 37

38 ~~~~~~~~~~~~~ EXPRESSWAY AMENDMENT No. - LEGEND ROAD CLASSIFICATION +... Z'''': C PROPOSED ROAD CORRIDOR DEFERRED AREAS & FREEWAYS '..,,L%. <." ARTERIAL PRIMARY COLLECTOR SECONDARY COLLECTOR x * '* PROPOSED EXPRESSWAY 9 'Li4 \&@ *\ PROPOSED FREEWAYS *A*/ PROPOSED ARTERIAL,.*%. ++*' PROPOSED PRIMARY COLLECTOR u... I. *.. ' PROPOSED SECONDARYCOLLECTOR THIS IS AN EXCERPT FROM THE PLANNING DIVISION'S WORKING CONSOLIDATION OF SCHEDULE C TO THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS SCHEDULE 1 TO OFFICIAL PLAN AMENDMENT NO. FILE NO. 39T D MAP PREPARED June 28, PREPARED BY Graphlcs & Information SorvIces SCALE 1:30,000 AML LOCATION: \\olfilsl\glswork\pl~nning\project~~~o~clnlplan\workconsoloo\~mondm~n~\3~t-o66l4\nmls\schcco~~xll.aml CK 1 i'. /

39 I.

40 , i""""" Item[ Page#, E. DebbertJ39T APPENDIX "A" Bill NO. (number to be insetted by Clerk's Office) 2006 By-law No A by-law to rezone an area of land located at part of 810 Westdel Bourne and part of 2029 Oxford Street West. WHEREAS West Kains Land Corp. has applied to rezone an area of land located at part of 810 Westdel Bourne and part of 2029 Oxford Street West, 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. By-law No is hereby amended by repealing the zoning on the lands municipally located at part of 810 Westdel Bourne and part of 2029 Oxford Street West, as shown on the attached map comprising part of Key Map 42 to By-law , and by deleting the lands from the said By-law Map Schedule "C" to By-law No is hereby amended by repealing the Agriculture (AG) Zone applicable to the lands municipally located at part of 810 Westdel Bourne and part of 2029 Oxford Street West. as shown on the attached map comprising part of Zoning Map Schedule "C" to By-law No , and deleting the said lands from the said By-law. By-law No. 2.-I is hereby amended by adding the zoning on lands municipally located at part of 810 Westdel Bourne and part of 2029 Oxford Street West, as shown on the attached map comprising part of Key Map No. 42 to By-law No. 2.-1, and applying a Holding Residential R1 (h.h-57.r1-7) Zone; a Holding Residential R1 (h.h-57.r1-8) Zone; a Holding Residential R1 (h.h-57.r1-9) Zone; and a Holding Residential R6 (h.h- 57.h-71.R6-4) Zone to the said lands. 4. Section 4.21 of the Road Allowance Requirements - Specific Roads to By-law Z-1 is amended by adding thereto the following street: The inclusion in this By-law of imperial measure along with metric measure is for the purpose of convenience only and the metric measure governs in case of any discrepancy between the two measures. This By-law shall come into force and be deemed to come into force in accordance with subsection 34(21) of the Planning Act, R.S.O. 1990, c. P.13, either upon the date of the passage of this by-law or as otherwise provided by the said subsection. PASSED in Open Council on July 24,

41 mg Agenda Item # Pa e # B. Debbert139T-05514/ Anne Marie DeCicco-Best Mayor Kevin Bain City Clerk First Reading - July 24, 2006 Second Reading -July 24,2006 Third Reading - July 24,

42 Agencla Item # Page # AMENDMENT TO MAP SCHEDULE "C" (BY-LAW NO ) File Number: 39T Planner: BD Date Prepared: 2006/07/05 Technician: CK By-Law No: SUBJECT - SITE SCALE 1: Meters

43 Agenda Item # Page # File Number: 39T Planner: BD Date Prepared: Technician: CK By-Law No: Z.4.- \ V ' SUBJECT SITE vd SCALE 1: Meters 7 Zoning as of 2006/03/27

44 Agenda Item # Page # -.. \ \ Zonins.as of 2006/03/27 File Number: 39T Planner: BD Date Prepared: 2006/07/04 Technician: CK By-Law No: SUBJECT - SITE SCALE 1: Meters s

45 bi Agenda ltem # B. APPENDIX 39T (Conditions to be included for draft plan approval) DebberU39T-05514/ 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 This draft approval applies to the draft plan, as red line amended, submitted by West Kains Land Corp., prepared by EngPlus (Drawing No , dated November 24, 2005), certified by R.H. Kruys, File No. 39T-05514, which shows a total of 73 single detached lots and one multi- family block, served by the extension of Kains Road and two new streets. This approval of the draft plan applies for five years, and if final approval is not given by that date, the draft approval shall lapse, except in the case where an extension has been granted by the Approval Authority. The road allowances included in this draft plan shall be shown on the face of the plan and dedicated as public highways. The street(s) shall be named to the satisfaction of the Manager of Subdivisions and Special Projects. The municipal addresses shall be assigned to the satisfaction of the Manager of Subdivisions and Special Projects. Prior to final approval, the Owner shall submit to the Approval Authority a digital file of the plan to be registered in a format compiled to the satisfaction of the City of London and referenced to NAD83UTM horizon control network for the City of London mapping program. Prior to final approval, the Approval Authority shall be advised by the City Clerk of the City of London that appropriate zoning is in effect for this proposed subdivision. The Owner shall enter into 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. The Owner shall not commence construction or install of any services (eg. Clearing or servicing of land) involved with this plan prior to entering into a site alteration agreement or subdivision agreement and obtaining all necessary permits, approvals andlor certificates that need to be issued in conjunction with the development of the subdivision, unless otherwise approved by the General Manager of Planning and Development in writing; (eg. MOE certificates; CitylMinistrylAgency permits: Approved 45

46 r-7 Agenda Item # B. DebberU39T-05514/OZ-7076 Works, water connection, water-taking, navigable waterways; approvals: UTRCA, MNR, MOE, City; 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, and 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. The Owner shall agree to convey the equivalent of 5% of the land included in this plan to the City of London for park purposes, in a future plan of subdivision on the lands abutting this subdivision to the south. 16. The Owner shall, as part of the submission of engineering drawings, have its professional engineer 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. Sanitary Servicinq 17. The Owner shall connect the proposed sanitary sewers to serve this plan to a municipal sewer system, namely, the existing 750 mm (30) diameter trunk sanitary sewer previously constructed along Kains Road at the Westdel Bourne intersection No portion of this draft plan shall be registered until the capacity allocation at the Oxford Pollution Control Plant has been released by the City Engineer. If as part of the initial submission of engineering drawings a sanitary servicing collection system scheme is submitted that does not conform to the Master Plan in the Riverbend Community Plan, the Owner shall prepare and submit an evaluation of this alternative and meet any necessary requirements, possibly including an EA, that may be necessary to accommodate the Owner's proposed sanitary servicing scheme for the external lands tributary to these works. The Owner shall ensure any sewer constructed in conjunction with the subject lands must be oversized to accommodate all other external lands tributary to this sanitary sewer system, consistent with the Riverbend Community Plan, all to the satisfaction of the City Engineer. Storm and Stormwater Manaqement 21. The Owner shall connect the proposed storm sewers to serve this plan to the existing 975 mm (38) diameter trunk storm sewer previously constructed along Kains Road at the Westdel Bourne intersection. 22. The Owner shall have a consulting professional engineer design and oversee the construction of the proposed storm/drainage system for the subject lands, all to the specifications and satisfaction of the City Engineer and according to the requirements of the following: i) The SWM criteria and Environmental Targets for the Downstream Thames Subwatershed Study; ii) The approved SWM and Servicing Master Plan for the River Bend Community; iii) The accepted Functional SWM Servicing Report for Riverbend Phase 2; iv) The City's Drainage By-law and lot grading standards, policies, requirements and practices; and v) Applicable Acts, Policies, Guidelines, Standards and Requirements of all relevant SWM agencies. 46 I.

47 b! Agenda Item # 0. DsbberU39T-05514/OZ Prior to the submission of engineering drawings, the Owner shall have a report prepared by a qualified consultant that provides water balance calculations and required analysis and recommendations respecting post and pre development conditions, all to the specifications and satisfaction of the City Engineer. Based on the water balance calculations and recommendations accepted by the City, the Owner is required to undertake all necessary mitigation measures to ensure that effects of the proposed construction and post development conditions on the subject lands will not adversely impact on the adjacent properties and specifically on the existing private water wells. Watermains 25. The Owner shall, as part of the submission of engineering drawings, have a professional engineer provide an acceptable water servicing report, based both on the Wickerson Pumping Station high pressure hydraulic grade line, and on the low level hydraulic grade line, which addresses the following: i) ii) iii) iv) v) vi) vii) viii) identify external water servicing requirements; confirm capacity requirements are met; identify need for the construction of external works; identify the effect of development on existing water infrastructurelidentify potential conflicts; water system area plan(s); water network analysislhydraulic calculations for subdivision report; phasing report; oversizing of water mainlcost sharing agreements. Transportation 26. The Owner shall ensure that no vehicular access will be permitted to Block 75 from Westdel Bourne. All vehicular access is to be via the internal subdivision streets. 27. The Owner shall design and construct the following traffic calming measures: i) ii) curb extensions along the north side of Kains Road from Westdel Bourne to the western boundary of the plan of subdivision with the parking bay removed for utilities (fire hydrants) and for transit stop locations as defined by the London Transit Commission. reduced curb radii (5.0 metre) on the inbound approach to all local roads intersecting the secondary collector road network. 28. The Owner shall be required to dedicate 6.0 m x 6.0 m "daylighting triangles" at the intersection of Kains Road with Westdel Bourne in accordance with the 2-1 Zoning Bylaw, Section We The Owner shall permanently cap any abandoned water wells located on the property, in accordance with the Ontario Water Resources Act and the Ministry of the Environment requirements and file the necessary reports with the Ministry of the Environment and the City of London. Parks & Open Space 30. Prior to final approval, a Scoped Environmental Impact Study (EIS) shall be completed for the portions of the Environmentally Significant Area within 30 metres of proposed Lots 19, 20, 21 and 22 to the satisfaction of the City. Should a satisfactory EIS not be available that supports the development of these lots, outside of the ESA and any required buffers, these lots shall be deleted from the plan of subdivision to be registered. 31. The Owner shall, prior to the initial submission of engineering drawings for all lots affected by the hedgerow running north-south across the property, Lots 56 through 59, 47

48 r n d a Item; I I Page# Aqencies B. Debbert/39T-05514/ affected by the hedgerow running north-south across the property, Lots 56 through 59, and Block 75, have a qualified consultant prepare a detailed Tree Preservation Plan to the satisfaction of 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. 32. The Owner in consultation with the LTC, shall indicate on the approved engineering drawings the possible Future Transit Stop Areas, if any, on Westdel Bourne The owner shall carry out an archaeological survey and rescue excavation of any significant archaeological remains found on the site to the satisfaction of the Southwestern Regional Archaeologist of the Ministry of Culture; and no final approval shall be given, and no grading or other soil disturbance shall take place on the subject property prior to the letter of release from the Ministry of Culture. That the Owner agrees to obtain any permits required from the Upper Thames River Conservation Authority. Planning 35. The Owner shall agree, prior to an application for site plan approval or an application for a plan of condominium for Block 75, prepare a building orientation plan which demonstrates how the streetscape is maintained through orienting the front facade of the dwelling units to Street A and Westdel Bourne. The recommended building orientation will be incorporated into the approved development agreement and site plan agreement between the Owner and the City of London The Owner shall obtain approval from the London Fire Department prior to any burning of materials on-site being contemplated. 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. That prior to final approval, the Owner shall advise the Approval Authority in writing how conditions 1-38 have been met. 4a I.

49 8. Debbert139T APPENDIX 39T Municipal Requirements A. SEWERS 8 WATERMAINS 1. Sanitary: a) Currently, there exists no reserve capacity at the Oxford Pollution Control Plant for the proposed development, and no development of this site should occur until such capacity is available. b) The Owner agrees this proposed subdivision is located in the Oxford Pollution Control Plant sewerage shed, and that registration of the plan and subsequent development is subject to the availability of sewage treatment capacity at that treatment plant for this subdivision. The Owner acknowledges that, if treatment capacity is available at the said treatment plant at the time the subdivision agreement is prepared, then capacity for this subdivision will be reserved at that time by the City Engineer on the condition that registration of the subdivision agreement and the plan of subdivision occur within one (1) year of the date specified in the subdivision agreement. Failure to register the plan within the specified time may result in the Owner forfeiting the allotted treatment capacity and, also, the loss of his right to connect into the outlet sanitary sewer, as determined by the City Engineer. In the event of the capacity being forfeited, the Owner must reapply to the City to have reserved sewage treatment capacity reassigned to the subdivision. 2. Storm and Stormwater Manaaement: a) The Owner shall connect storm sewers for the subject lands to the Thames River via the existing River Bend Phase 2 "River Bend Mews" Regional Stormwater Management (SWM) Facility. b) c) d) e) 9 The Owner shall not request that a Certificate of Conditional Approval be issued until the proposed storm/drainage servicing system is constructed and operational, all to the specification and satisfaction of the City Engineer. The Owner agrees to the implementation of SWM soft measure Best Management Practices (BMP's) within the plan, where possible, to the specifications and satisfaction of the City Engineer. The acceptance of these measures by the City will be subject to the presence of adequate geotechnical conditions within this plan. The Owner's consulting professional geotechnical engineer shall ensure that all geotechnical issues and all required setbacks related to slope stability are adequately addressed for the subject lands to the satisfaction of the City Engineer and the UTRCA. The Owner, prior to or in conjunction with the submission of servicing designs for this site, shall have its consulting professional engineer identify the major and minor storm flow routes for the total catchment area, all to the specifications and satisfaction of the City Engineer. The Owner shall as part of the submission of servicing drawings, develop an erosion/sediment control plan that will identify all erosion and sediment control measures and that will be in accordance with City and MOE standards and requirements, all to the specifications and satisfaction of 49

50 Agenda Item # J B. Debbert/3ST-O5514/0Z-7076 the City Engineer. This plan is to include measures to be used during all phases of construction. The Owner's professional engineer shall submit these measures as a component of the Functional SWM Management Servicing Report to be submitted prior to the submission of servicing drawings and is to have these measures established and approved by the City Engineer prior to any work on the site, g) h) 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 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. The Owner agrees to enter into an agreement with the City for the costs associated with the monitoring and operation of the River Bend Phase 2 regional SWMF (built by others) which will service the northern portion of these lands. Such costs will be shared proportionally according to flow contribution. 3. Water Mains: a) The Owner shall connect the proposed watermains to serve this plan to a municipal water system, namely, to the existing municipal 600 m (24) diameter water main on Westdel Bourne. b) c) The Owner shall 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. The Owner shall include in the water servicing report to be submitted as part of the submission of servicing drawings, hydraulic calculations for full build out (of this phase and the entire area) and identify the need and size of watermain on Oxford Street for looping for future phases. 4. General: a) The Owner shall make arrangements with the affected property owner($) for the construction of any portions of the outlet sewers situated on private lands outside this plan, and to provide satisfactory easements over the sewers as necessary, all to the specifications of the City Engineer. b) c) 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 Alianments and Geometries: a) All streets with bends of approximately 90 degrees are to have a minimum inside street line radius in accordance with the following standards: Road Allowance i) 20 m S/L Radius 9.0 m 50 I.

51 Y l t e m ;, Page#, ii) iii) 19 m lam B. DebberV39T-05514/ m 10.0 m b) At 'tee' intersections, the projected road centerline of the intersecting street is to intersect the through street at 90 degrees with a minimum 6 metre (20') tangent being required along the street lines of the intersecting road. c) At all through intersections, the alignment of opposing streets is to be determined based on the centerlines of the street aligning through their intersections thereby having these streets centered with each other, unless otherwise specified herein. 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) Kains Road is to have a minimum road pavement width (excluding gutters) of 9.5 metres (31.2') with a minimum road allowance of 21.5 metres (70'). b) c) d) Street 'E? is to have a minimum road pavement width (excluding gutters of 8.0 metres (26.2') with a minimum road allowance of 20 metres (66'). Street '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'). Kains Road from Westdel Bourne to 45 metres (150') west is to have a minimum road pavement width (excluding gutters) of 11.0 metres (36.1') with a minimum road allowance of 22.5 metres (75). The widened road on Kains Road is to be equally aligned from the centerline of the road and tapered back to the 9.5 metres (31.2') of road pavement width (excluding gutters) and 21.5 metres (70') of road allowance width for this street with 30 metre (100') long tapers on both street lines. 4. SidewalkslBikewavs: a) The Owner shall construct a 1.5 metres (5') sidewalk on both sides of the following streets: i) Kains Road b) The Owner shall construct a 1.5 metre (5') sidewalk on one side of the following streets: i) ii) iii) Westdel Bourne - across entire frontage & extend to Oxford Street Street 'B' - south and east boulevards Street "A" -west, south and east boulevards c) The Owner shall 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 shall install traffic signals at the intersection of Westdel Bourne and Kains Road when determined warranted by the City Engineer. 5.1

52 , r n d a Item[ Page#, B. DebberU39T-05514/ b) The Owner shall be required to make minor boulevard improvements on Westdel Bourne 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. Construction Access Roads: a) The Owner shall utilize construction access routes designated by the City Engineer from time to time. b) c) The Owner agrees that, in the event that an emergency access is required for this subdivision, this requirement will be subject to satisfying the City Engineer with respect to all technical aspects, including adequacy of site lines, provision of channelization, adequacy of road geometries and structural design etc. If an emergency access is determined necessary to accommodate development, the Owner shall locate, construct, maintain and close the access to the satisfaction of the City Engineer. The Owner shall ensure that it will be restricted to emergency vehicle use only. 7. Street Liahtinq: The Owner shall be required to install street lighting along Westdel Bourne abutting this subdivision and extend these street lights to Oxford Street as determined to be warranted by and to the specifications of the City Engineer. a. General: a) b) c) d) The area of all blocks, except street widenings and reserves, shall be shown on the plan to be registered. The Owner shall establish and maintain a Traffic Management Plan (TMP), when directed by the City, in conformance with City guidelines and to the satisfaction of the City Engineer for any construction activity that will occur on existing public roadways needed to provide services for this plan of subdivision. The TMP is a construction scheduling tool intended to harmonize a construction project's physical requirements with the operational requirements of the City of London, the transportation needs of road users and access concerns of area property owners. The Owner's contractor(s) shall undertake the work within the prescribed operational constraints of the TMP. The TMP will be submitted and become a requirement of the subdivision servicing drawings for this plan of subdivision. Blocks for 0.3 m (1') reserves will be required at the following locations: i) west limit of Street 'B ii) west limit of Kains Road iii) north limit of Kains Road abutting Westdel Bourne (to Lot 22) vi) Block 75 -along the frontage of Westdel Bourne v) south limit of Street 'A The Owner shall construct a temporary turning facility for vehicles at the following location: i) west limit of Street 'B' to the specifications of the City Engineer. e) The Owner shall, at the time of submission of servicing drawings, identify how those blocks with medium density residential land use permitting low density residential development can be served through the internal road network to prevent the creation of local road intersections or accesses 52

53 9 La A enda Item # B. Page # Debbertl39T-05514/0Z-7076 along Westdel Bourne, should these lands be developed with low density residential development. The Owner shall construct Kains Road to secondary collector road standards as identified in the Official Plan. C. GENERAL CONDITIONS 1. The Owner shall have the common property line of Westdel Bourne 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 Westdel Bourne are the future centerline of road grades as determined by Earth Tech in conjunction with the lands to the east 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 shall advise the City in writing at least two weeks prior to connecting, either directly or indirectly, into any unassumed services constructed by a third party, and to save the City harmless from any damages that may be caused as a result of the connection of the services from this subdivision into any unassumed services. Prior to connection being made to an unassumed service, the following will apply: i) ii) The unassumed services must be completed and Conditionally Accepted by the City; The subdivider must have a video inspection completed on all affected unassumed sewers; b) The Owner shall pay a proportional share of the operational, maintenance and/or monitoring costs of any affected unassumed sewers or SWM facilities (if applicable) to third parties that have constructed the services 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) 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 andlor facilities constructed in conjunction with this plan, the Owner shall permit the connection into and use of the subject services andlor facilities by outside owners whose lands are served by the said services and/or facilities, prior to the said services and/or facilities being assumed by the City. The connection into and use of the subject services by an outside owner will be conditional upon the outside owner satisfying any requirements set out by the City, and agreement by the outside owner to pay a proportional share of the operational maintenance and/or monitoring costs of any affected unassumed services and/or facilities. 4. The Owner shall 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, 53

54 Tnda Item [ Page # B. Debbert/39T-05514/ 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. 5. 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 EngineerlChief Building Official immediately, and if required by the City EngineeChief 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 EngineerlChief 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 EngineerlChief Building Official shall be implemented and carried out under the supervision of the professional engineer, to the satisfaction of the City EngineerlChief Building Official and at the expense of the Ownerlcontractor, before any construction progresses in such an instance. The report shall include provision for an ongoing methane gas monitoring program, if required, subject to the approval of the City Engineer and review for the duration of the approval program. If a permanent venting system or facility is recommended in the report, the Owner shall register a covenant on the title of each affected lot and block to the effect that the Owner of the subject lots and blocks must have the required system or facility designed, constructed and monitored to the specifications of the City Engineer, and that the Owners must maintain the installed system or facilities in perpetuity at no cost to the City. The report shall also include measures to control the migration of any methane gas to abutting lands outside the plan a The Owner shall provide inspection during construction by its professional engineer for all work to be assumed by the City, and have its professional engineer supply the City with a certificate of compliance upon completion in accordance with the plans approved by the City Engineer. The Owner shall install standard barricadeslwarning signs at the limits of dead end streets within this plan to the specifications of the City Engineer. The Owner shall provide minimum side yard setbacks as specified by the City Engineer for buildings which are adjacent to rear yard catch basin leads which are not covered by an easement on lots in this plan. The Owner shall have its engineer notify existing property owners in writing, regarding the sewer andlor 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 shall 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. subdivider initiated), prior to final approval being issued. The Owner shall ensure 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. 54