That, on the Recommendation of the Acting General Manager Of

Agenda Item # Page #

39T-02503/2-6235 A.MacLean

That, on the recommendation of the Acting General Manager of Planning and Development, the following actions be taken with respect to the application of Highbury Estates Inc. relating to the property located at 1732-1746 Highbury Avenue North: a) on the advice of the Administrative Planning Advisory Group, the Approval Authority BE REQUESTED to approve the revised draft plan of residential subdivision, as submitted by Highbury Estates Inc., prepared by Z-Group, certified by Terry Dietz, File No. 39T- 02503, Drawing No. 6, dated November 1I, 2003, which shows 103 single detached lots, one block for a stormwater management facility and two open space blocks served by one collector road, and six local streets., SUBJECT TO the conditions contained in

the attached Appendix “39T-02503-1”; f b) on the advice of the Administrative Planning Advisory Group, the Draft Approval of the residential plan of subdivision as submitted by Highbury Estates Inc. (File No. 39T- 02503) BE APPROVED, SUBJECT TO the City’s requirements contained in the attached Appendix “39T-02503-2”;

a by-law BE INTRODUCED at the Municipal Council meeting on January 19, 2004 to amend Zoning By-law No. Z.4 in accordance with the attached enacting clause (in conformity.with the Official Plan) to REMOVE this property from By-law 5000(former London Township Zoning By-law) and TO apply a Residential RI(R1-4) Zone and a Holding ResidentialRl (h-45 R1-4) Zone to permit single detached dwellings with a minimum lot frontage of 12 metres and a minimum lot area of 360 sqm; and an Open Space(OSI/OSS) Zone to delineate the development limit and to permit a storm water management facility. The Holding Provision relates to the requirements for a noise and dust study within 300 metres of an aggregate resource area.

\ It being noted that the City will initiate removal of the above noted holding provision once the Aggregate Resource delineation from Schedule B on adjacent lands has been removed.

d) the applicant BE ADVISED that the General Manager of Environmental Engineering Services has projected the following claims and revenues information: Agenda Item # Page #

39T-02503/2-6235 A.MacLean

Estimated Estimated Revenue Claims

Urban Works Reserve Fund $ 435,175

Claim (excluding SWM) 2,793,400 SWM claim (including land) 1,307,900

Development & LDCSB Charges $ 583,598 Nil Reserve Fund

Total $ I,018,773 $ 4,101,300

Note: (1) ESTIMATED REVENUES FROM DEVELOPMENT, *LONDON DISTRICT CATHOLIC SCHOOL BOARD (LDCSB), AND URBAN WORKS CHARGES ARE BASED ON CURRENT RATES IN ACCORDANCE WITH BY-LAWS C.P.-1413-214 AND 1414-215.

(2) THIS INFORMATION IS REPORTED IN ACCORDANCE WITH THE DEVELOPMENT CHARGES AND URBAN WORKS FUNDS BY-LAWS (IE. C.P.-1413-214 & 1414-215), AND ANY AMENDMENTS THERETO. ANY CLAIM PAYMENT FROM THE URBAN WORKS RESERVE FUND WILL BE IN ACCORDANCE WITH BY-LAW NO. C.P.-1414-215 AND AS APPROVED BY THE CITY ENGINEER,

1. The proposed subdivision is consistent with the approved Kilally North Area Plan land use concept.

2. The proposed zoning will conformlwith the Official Plan.

3. The proposed development ensures that lands to the east can be developed consistent with the Kilally North Area Plan. j

4. The dedication of the unevaluatep wetland and lands adjacent to the Thames River will provide for passive recreation uses and will also ensure their protection from development. \ 5. The conditions of draft approval adequately address all servicing issues, parkland dedications as well as standard qnditions included in plans of subdivision. I

REQUESTED ACTION: consideration of a residential plan of subdivision which proposes 103 single detached dwelling lots.

2 ! LOCATION MAP LEGEND ' Subject Site: EAST SIDE HIGHBURY AVE N, Planner: AM Subject Site NORTH OF THAMES RIVER(N0RTH 0 BRANCH) Created By: am Water Applicant: HIGHBURY ESTATES INC. ' Date: 12/16/2003 Buildings

Roll Number: Scale: I:5000 File Number: 39T-02503 02-6235

CORPORATION CITY OF LONDON OF THE ...... Prepared By: Planning & Development Department Agenda Item # Page #

39T-0250312-6235 A.MacLean

Current Land Use - vacant Frontage - approximately 294 metres(965 feet)

Depth - approximately 605 metres( 1985 feet)

Area - 22.3 hectares(55 acres) Shape - irregular

H Y 0 North - residential, unevaluatediwetland I South - Thames River East - vacant, aggregate extraction West - residential

The subject lands are located within the Kilally North Planning Area. The majority of lands within this area were designated in OPA #88 as Urban Reserve - Community Growth. In accordance with Official Plan policy, the Urban Reserve designation typically requires the completion of an area plan study in order to comprehensively plan and coordinate the design and development of large vacant land holdings.

On October 27, 2003, the Kilally North Area Plan was submitted to Planning Committee for consideration. The purpose of the Kilally North Area Plan was to establish future land use of

' properties within the Study Area, and through the development of area-specific policies, address key issues that affect these lands and the surrounding communities. This Study provided supporting documentation for the basis for amendments to the City's Official Plan. The Area Plan for Kilally North provides a detailed- land use planning framework for community development, primarily through the subdivision planning process.

On November 3, 2003 the Kilally North Area Plan, as it relates to these lands, was approved by Council as a guideline document. Official Plan amendments relating to these lands, which were consistent with the recommended land use plan, were also approved by Council.

3 LEGEND nDEFERRED AREAS --I AREAS DOWNTOWN AREA bml OFFICE AREA L I UNDER APPEAL IzrLI] REGIONAL SHOPPING AREA OFFICE/RESIDENTIAL COMMUNITY SHOPPING AREA I OFFICE BUSINESS PARK NEIGHBOURHOOD SHOPPING AREA GENERAL INDUSTRIAL ASSOCIATED SHOPPING AREA COMMERCIAL LIGHT INDUSTRIAL BUSINESS DISTRICT FlREGIONAL FACILITY AFKERIAL MIXED USE DlSTRlCr -1 COMMUNITY FACILITY I HIGHWAY SERVICE COMMERCIAL OPEN SPACE RESTRICTEWHIGHWAYSERVICE COMMERCIAL URBAN RESERVE - COMMUNITY GROWH md RESTRICTED SERVICE COMMERCIAL URBAN RESERVE - INDUSTRIAL GROWTH pH1 COMMERCIAL POLICV AREA RURAL SETTLEMENT MULTI - FAMILY, HIGH DENSITY RESIDENTIAL ENVIRONMENTAL REVIEW MULTI- FAMILY, MEDIUM DENSITY RESIDENTIAL TIAGRICULTURE I El LOW DENSITY RESIDENTIAL 4 URBAN GROWTH BOUNDARY

THIS IS AN EXCERPT FROM THE PLANNING DIVISION'GiWORKINQ CONSOLIDATION OF SCHEDULE A I To THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS

FILE NO. CITY OF LONDON 39T-02503 2-6235 DEPARTMENT OF PLANNING AND DEVELOPMENT

December 17,2003 OFFICIAL PLAN SCHEDULE A - LAND USE w*e

PREPARED By: Qnphlcr & Informadon Servlcer 111I SCALE 1:30,000 I AML LOCATION: \\olfllel\QieWork\planninq\proje~t8\p~offlclalplan\wor kconso100\exerpt~\amIr\rchablk8xl4.amI OR - OFFICURESIDENTIAL I) LEGEND FOR ZONING BY-LAWZ-7 OC - OFFICE CONVERSION RO - RESTRICTED OFFICE R1 - SINGLE DETACHED DWELLINGS OF -OFFICE R2 - SINGLE AND TWO UNIT DWELLINGS R3 - SINGLE TO FOUR UNIT DWELLINGS RF - REGIONAL FACILITY R4 - STREET TOWNHOUSE CF - COMMUNITY FACILITY R5 - CLUSTER TOWNHOUSE NF - NEIGHBOURHOOD FACILITY R6 - CLUSTER HOUSING ALL FORMS HER - HERITAGE R7 - SENIORS HOUSING DC -DAYCARE R8 - MEDIUM DENSITY/LOW RISE APTS. R9 - MEDIUM TO HIGH DENSITYAPTS. OS - OPEN SPACE R10 - HIGH DENSITY APARTMENTS CR - COMMERCIAL RECREATION R11 - LODGING HOUSE OB - OFFICE BUSINESS PARK DA - DOWNTOWNAREA I LI - LIGHT INDUSTRIAL RSA - REGIONAL SHOPPING AREA GI - GENERAL INDUSTRIAL CSA - COMMUNITY SHOPPING AREA HI - HEAVY INDUSTRIAL NSA - NEIGHBOURHOOD SHOPPING AREA EX - RESOURCE EXTRACTIVE BDC - BUSINESS DISTRICT COMMERCIAL UR URBAN RESERVE AC - ARTERIAL COMMERCIAL - HS - HIGHWAY SERVICE COMMERCIAL "h" - HOLDING SYMBOL RSC - RESTRICTED SERVICE COMMERCIAL "D" - DENSITY SYMBOL CC - CONVENIENCE COMMERCIAL "H" - HEIGHT SYMBOL SS - AUTOMOBILE SERVICE STATION I "6 - BONUS SYMBOL ASA - ASSOCIATED SHOPPING AREA COMMERCIAL "T" - TEMPORARY USE SYMBOL 2) FOR TOWNSHIP ZONES PLEASE SEE THE RELEVANT A'**. .*- ZONING BY-LAW FOR A DFSCRIPTION OF REGULATIONS

I FILE NO: CITY OF LONDOV I 39t-02503 Z-6235 AM DEPARTMENT OF PLANNING AND DEVELOPMENT MAP PREPARED: ZONING CMH BYLAW NO. Z.=l 1:7500 SCHEDULE A 100 0 100 Meters THIS MAP IS AN UNOFFICIAL EXTRACT FROM THE ZONING BY-LAW WITH ADDED NOTATIONS I - Agenda Item # Page #

39T102503/2-6235 A.MacLean

Engineering and Environmental Services(EESD)

The Engineering and Environmental Services Department (EESD) detailed comments for this plan of subdivision are reflected in the attached requirements of draft approval(Appendix 39T- 02503-1) and municipal requirements(Appendix 39T-02503-2). Several of the key EESD comments relating to servicing are identified below:

The sanitary outlet for this site is the 750mm diameter trunk sanitary sewer on Highbury Avenue North, abutting this plan. The subdivider agrees to connect to this outlet. Further, the subdivider agrees that no building permits will be issued until the outlet is in service, all to the satisfaction of the City Engineer.

0 This proposed subdivision is located in the Adelaide Pollution Control Plant sewerage shed. The registration of the plan and subsequent development is subject to the availability of sewage treatment capacity at that treatment plant for this subdivision.

The storm outlet for the subject lands is the Thames River main channel via the proposed Stormwater Management (SWM) Facility, located partly on lands at the east boundary of this plan, within this plan and partly.on lands outside this plan abutting the east limit of this plan. Building permits for the subject site shall be issued upon the proposed regional SWMF being constructed and operational, and all related storm/drainage services are completed and operational, and all to the satisfaction of the City Engineer. Should the subdivider wish to proceed with house construction prior to the completion of the proposed ultimate SWM Facility, it will, prior to the issuance of building permits, have its consulting professional engineer design and construct a temporary/ interim stormwater management fgcility and related servicing for this subdivision that will be constructed and operational to the satisfaction of the City Engineer. All costs associated with the temporary/interim SWMF must be borne by the subdivider. I All geotechnical issues related to slope stability are to be adequately addressed and all required maintenance, erosion and structural setbacks for the subject lands are to be ensured, all to the satisfaction of the City Engineer and the Upper Thames River Conservation Authority.

The water supply available for tbis subdivision is the existing 400mm (16”) diameter water main on Highbury Avenue North. The subdivider will be required to provide “looping” of the water main system constructed for this subdivision when 80 units or more are built, all to the specificatipns of the City Engineer. *

London Hydro

London Hydro will prepare an electrical layout and submit requirements for the developers approval as a condition of servicing and site plan approval. Transformation lead times are 8-10 weeks.

Canada Post

The owner is required to: a) include on all offers of purchase and sale, a statement that advises the prospective purchaser: i) that the home/business mail delivery will be from a designated Centralized Mail Box.

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39T-02503/2-6235 A. M acLean

ii) that the developerslowners be responsible for officially notifying the purchasers of the exact Centralized Mail Box locatiins prior to the closing of any home sales. b) the owner further agrees to: i) work with Canada Post to detgrmine and provide temporary suitable Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. , ii) determine the location of all c,entralized mail receiving facilities in co-operation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans. Maps are also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations. c) Canada Post's multi-unit policy, 'which requires that the owner/developer provide the centralized mail facility at their own expense, will be in affect for buildings and complexes with a common lobby, common indoor or sheltered space.

Ecological and Environmental Planning Advisory Committee(EEPAC)

The following is a synopsis of thacomm'ents provided by EEPAC in relation to this application and staffs response to these comments.

The developer, staff and MNR ag(eed that the unevaluated wetland should be afforded

the protection of a Provincially Significant1 Wetland.

Planning Response: Through Official Plan designation and proposed zoning, the same protection will appy to tfie wetland as a PS W. Further, the City is initiating an Official Plan amendment to amend Schedule B -Floodplain and Environmental Features to change the delineation of Patch 8008 from vegetation patch to significant woodland and wetland.

The stormwater management system should be reconsidered and incorporated into the unevaluated wetland.

Planning Response: The recommended S WM scheme, identified through the Class EA, was chosen on the basis that it had the lowest potential for detrimental effect on the environment. Conditions of draft approval will require that approved engineering drawings and construction methods are sensitive to the proximity of the unevaluated wetland.

The SWM facility is primarily on adjacent land slated for future development I Planning Response: Staff acknowledge this in the conditions of draft approval. It is also noted that if the regional facility is not entirely constructed then the developer will be required to provide an temporaryiinterim facilify for this development. The temporaryhnferim facility must 'be constructed to the satisfaction of the City of London and the UTRCA.

No evidence to suggest that there is no fish habitat in the surface channel which drains from the unevaluated wetland to the Thames River.

Planning Response: Issues relating to fish habitat fall under the purview of the UTRCA. They have reviewed the €IS and support its findings in this regard. They do note that the developer must address the impact of the SWM outlet to the Thames River on fish habitat and that this should be addressed through a condition of draft approval.

5 ’ Agenda Item # Page #

39T-0250312-6235 A. MacLean

Based on the density (earlier version of plan noted medium density residential development throughout the subd,ivision) and the limited access(one collector road) there is limited room to construct a second road for escape purposes.

Planning Response: This is nqt an issue to be addressed within the mandate of EEPAC. It is noted that the density has been substantially reduced from the original plan and the form of residential development proposed over the entire site is single detached dwellings. A temporary turning circle will be required at an appropriate location at the end of the proposed collector and parking will be reduced to one side of the street to accommodate emergency vehicles. In the long term, a collector road to Fanshawe Park Rd E will pTovide adequate emergency response access.

An I80-100 buffer adjacent to the $ilally Forest ESA should be required.

Response: There is no justifiqation provided by EEPAC to require for a buffer of 80- 700m. Staff have reviewed and accepted the €IS and recommend that the development limit of the €SA shall be established at 30 metres from the Thames River or 70 metres from the top of slope, or to the limit of existing vegetation, whichever is greater, consistent with the Council approved “Guideline Documents for Environmentally Significant Aqeas Identification, Evaluation and Boundary Delineation” document. This limit includes provisions for a 5-6 m vegetation buffer as recommended in the EIS. j Upper Thames River C,onservation Au ihority(UTRCA) UTRCA offer the following comments an4 recommendations: I The proposed development limits, with the exception of the anticipated outlet for the stormwater management facility $re above the erosion line identified by the UTRCA. They have no objection or conditions of draft approval in this regard. I The location and design of the outlet from the SWM facility to the Thames River will be determined during the detailed/ design stage. The scoped EIS and the Class Environmental Assessment does pot appear to address the impact of the outlet on fish habitat. The UTRCA recommends that a condition of draft approval be included to require an environmental assessment to determine the optimum location for the outlet, prior to completion of the detailed design. The assessment could also address potential impacts on habitat for the threatened species, the Spiny Soft Shell Turtle and the Queen

Snake. I

A permit will be required from the UTRCA for the construction of the SWM outlet to the Thames River. UTRCA recommends that the draft approval address the need for this

permit. I I

‘ London Transit

Street A is a planned transit route. As municipal condition of draft approval, the developer should install signage at proposed stop locations, identified by London Transit, indicating ”Possible Future Transit Stop”. The developer shall also install a 1.5 metre concrete pad between the curb and the boulevard at the finalized stop locations.

6 I I Agenda Item # Page # 1

39T-02503/2-6235 A.MacLean

Fire Department

No response from the Fire Department ?n behalf of emergency response agencies to indicate special conditions of draft approval are required to address the need for widened or split entrance or the need for an emergency access. Thames Valley District School Board(TVDSB)I Through the Kilally North Area Plan prockss the TVDSB have indicated that no school sites are required within this area. I i London District Catholic School Boar (LDCSB)

Through the Kilally North Area Plan processi the LDCSB have indicated that no school sites are required within this area. I

Bell Canada

Bell Canada requires an easemenf for the placement of equipment to provide telecommunication service for the future residents of this development. This easement is to be 8m X 1Om allowing for the placement of 7 cabinet and for vehicle access. Planning Response: Staff advise I,that the easement shall be located at the westerly limit of Block 106 abutting the proposed collector road. To ensure that these works do not negatively impact the adjacent u evaluated wetland, a condition of draft approval will require that prior to installation of f,the cabinet, all plans(including lot grading plans) must be submitted and approved to thelsatisfaction of the City of London.

7 Agenda Item # Page #

39T-02503/2-6235 A.MacLean

, Nature of Liaison: Consideration of a revised residential plan of subdivision which proposes 72 single detached dwellings, I residential block, 2 open space blocks, 1 stormwater management block and several road widening and reserve blocks all served by 1 new secondary collector road and 4 new local streets.

Possible Amendment to the Official Plan to change the designation from Urban Reserve - Community Growth and Environmental Review to Multi-Family, Medium Density Residential and Open Space.

Possible Amendment to change the Zoqing from Agricultural (AI) and Rural Residential (RR) in By-law 5000 (former Township of London Zoning By-law) to the following Zones in By-law Z.-1: Residential R1 (RI-4) for the single detached dwelling lots, Residential RI/R5/R6 (RI- 4/R5-3/R6-5) for Block 76, Open Space (OS)for Blocks 73 and 75 and Open Space (OSI) for Block 74. I

The Residential R1 (R1-4) Zone permits single detached dwellings and requires the each lot to have a minimum lot area of 360 m2 (3,875 ft2) and a minimum lot frontage of 12 m (39.4 ft). The Residential R5 (R5-3) Zone permits!cluster townhouse dwellings to a maximum density of 35 units per hectare (14 units per acres). The Residential R6 (R6-5) Zone permits cluster dwellings such as single detached, semi-detached, duplex, triplex, townhouse, stacked townhouse and apartment buildings to a maximum density of 35 uph (14 upa) and a maximum height of 12 metres (39.4 ft).. The Open Space (OS5) Zone permits conservation lands, conservation works for flood and erosion control and recreational uses for the enjoyment of natural areas associated with conservation lands. The Open Space (OSI) Zone permits conservation lands, private parks, golf courses, and public parks.

An Environmental Impact Study (EIS) has been submitted in support of this application. The EIS report, prepared by ESG consulting, December 2002, is available for public review during regular office hours at the City of Londoq Planning Division.

Responses: clarification of application, increased noise adjacent to Highbury Avenue,

increased traffic from this development I

OFFICIAL PLAN

As mentioned in pePlanning History section of this report, the subject lands are located within the Kilally North Planning Area. This area is located in the northeast part of the City. The boundaries of the Kilally North Study Area include: the Thames River (North Branch) to the south, Stoney Creek to the north, the Cify’s Urban Growth boundary to the east, and Highbury Ave N. to the west. This Area Study was prepared through a comprehensive area planning process which included public meetings :and the preparation of background studies and plans relating to issues such as natural and built heritage resources, servicing, transportation, etc.. The Area Study was adopted as a guideline document, under section 19.2.1. of the City of London Official Plan, and it will guide the review and approval of all development and planning applications (e.g . Official Plan amendments, zoning amendments, applications for subdivision, site plans, etc.). On November 3rd,Council approved the Kilally North Area Plan and associated Official Plan amendments for the subject lands.

The residential components of this subdivision are designated Low Density Residential and Multi-Family Medium Density Residential. There are three blocks designated for open space use(adjacent to the Thames River Valley, the unevaluated wetland, and the storm water management pond). The main permitted uses within the Low Density Residential designation 8 1 Agenda Item # Page # I

39T-02503/2-6235 A.MacLean are single detached, semi-detached and duplex dwellings. The Multi-Family Medium Density Residential designation permits rowhouses and other forms of low rise residential developments as well as uses within the Low Density Residential designation. The Open Space designations permit uses such as woodlot management, conservation works, essential public utilities and municipal services and recreational facilities as the main permitted uses. 1 I

CONFORMITY WITH THE KILALLY NORTH AREA PLAN

I Storm Water Management I The Kilally North Area Plan identifies a regional stormwater management facility which is to be located at the easterly end of the subjec! lands and on abutting lands to the east which are currently owned by Magitron Corporation(l671 Fanshawe Park Rd E). The westerly portion of the regional SWM facility is included in the proposed plan of subdivision (identified as Block 105). A condition of draft approval requires that building permits for this subdivision will only be issued when the proposed regional SWMF is constructed and operational. Should the subdivider wish to proceed with construction prior to the completion of the proposed ultimate SWM regional facility, it will, prior to the issuance of building permits, have its consulting professional engineer design and construct a temporary/interim stormwater management facility and related servicing for this subdivision that will be constructed and operational to the satisfaction of the City of London and theiupper Thames River Conservation Authority. All costs associated with the temporary/interim SWMF must be borne by the subdivider.

Unevaluated Wetland

An unevaluated wetland was identified wifhin the Kilally North Area Plan on the north side of the proposed collector road. This area is currently designated open space and is recommended to be zoned Open Space(OS5). I Staff’ have reviewed the Environmental Ibpact Study carried out by ESG International for this vegetation patch north of the proposed c Hector road (Patch 8008 - south of Fanshawe Park Rd E and east side of Highbury Ave N) and9 ,it appears that while this patch did not meet sufficient criteria to be considered an ESA, it wouldjfall under the category as a significant woodland. i In addition, the study noted that an eyaluation identified the patch as a locally significant wetland. The consulting firm did not follow the protocol established by the MNR and as a result, the Ministry was not prepared to accept t$eir findings.

I However, based on the review of the documentation submitted by the applicant, staff are recommending an amendment to the’C

Parkland

The developer has agreed to convey the/ entire unevaluated wetland and adjacent open space lands(identified as blocks 104 and 106) to the City. These blocks account for over 50% of the entire land area under consideration. The Kilally North Area Plan identifies linkages and pathways throughout the wetland, the stormwater management facility and along the Thames River Valley. The plan also identifies a centrally located neighbourhood park and which is to be located on adjacent lands to the east owned by Magitron Corporation. Dedication of the two blocks will meet the developers obligations of 5% parkland dedication.

9 A 9enda Item # Page #

39T-0250312-6235 A.MacLean Kilally vorth Area Plan .. _._. _.._ . _.I ....

.. <" , 1 Agenda Item # Page #

39T-02503E-6235 A.MacLean

Noise Impacts Adjacent to Arterial Roads i The Kilally North Area Plan notes that future residential development adjacent to arterial roads should have regard for noise impacts. There are two locations(north and south of the,proposed collector road) which may be affected byithe noise from Highbury Avenue N. The developer will be required to mitigate the noise levels for residential uses adjacent to Highbury Avenue N.

At the time the Kilally North Area Plan

I Access to 1822 Highbury Avenue North

The Kilally North Area Plan notes that future access to I822 Highbury Avenue N, as part of any approvals for redevelopment of the property, will be through the adjoining lands to the south to the proposed collector road. Based on the recommendatuion and position of the Traffic Division(EESD), direct access to Highbu,ry Avenue N. via a public road or private road will be discouraged. On approving the subdivision for the subject property, allowances for future access for 1822 Highbury Avenue N. must be made. The applicant has revised the subdivision and the formerly identified multi-family(block is now proposed to be developed for single detached dwellings. This revision includes a street pattern(Street “F”) which will provide for future access for the lands to the north. !

I Traffic Studies

The Kilally North Area Plan also noted that developers will be required to undertake a further detailed traffic impact analysis, taking int account the residential, commercial, institutional and industrial development from each community(bothP Stoney Creek and Kilally North) and identify the impact on the arterial road network in order to receive a subdivision and/or site plan agreement. A draft condition has been ijcluded to address this issue. I

i Aggregate Resources I

I The Official Plan currently identifies areias east of the subject property as having aggregate resource potential. During the Kilally N I rth Area Plan process it was recommended that any development proposed within 300 metres,of9 areas designated on Schedule B of the Official Plan as Aggregate Resource and/or Industrial iExtractive will require a noise, dust and vibration study by a qualified consultant to determine if !development can occur, the appropriate setbacks for development and how impacts may be mitigated. The noise, dust and vibration studies would be required prior to rezoning or final approval of a plan of residential subdivision and mitigation measures would be implemented at theisole cost of the proponent of the development. This was subsequently included in an Official Plan amendment relating to the Kilally North Area Plan.

In discussions with the Ministry of Municipal Affairs and the Ministry of Natural Resources it has been determined that the aggregate resource delineation could be removed from Schedule B of the Official Plan as it relates to lands to the east(owned by Magitron Corporation). The owner of these lands has recently submitted an Official Plan amendment application and the removal of I1 Agenda Item # Page #

39T-02503/2-6235 A.MacLean the aggregate resource delineation from Schedule B will be addressed as part of that application process. In the interim, it is being recommended that a Holding Provision be applied to lots within 300 metres of the Magitron lands until such time as the Official Plan is amended and the Aggregate Resource delineation ,is removed.

The proposed draft plan of subdivision and zoning by-law amendment applications are consistent with the land use concept and guidelines in the Kilally North Area Plan. The Area Plan identified access points to a pathway along the Thames River and also noted that the access points would be determined in greater detail at the plan of subdivision stage. The access points have been reviewed and accepted by staff. A condition of draft approval will require the subdivider to identify and transfer lands to the City to accommodate the pathway and associated access points.

ZONING

The subject lands are zoned Agriculture {AI) and Rural Residential(RR) in by-law 5000. The AI Zone permits agricultural uses(exc1uding mushroom farms, fish farms, or nursery), an animal kennel as an accessory use, a converted dwelling, a forestry use, a home occupation, a secondary farm occupation, an existing single family dwelling and wayside pits. The RR Zone permits single detached dwellings and a home occupation.

The recommended residential (R1-4/h& R1-4) zones and open space (OSI/OS5) zones conform to the Official Plan designations, and are consistent and compatible with the existing and proposed land uses in the area. Op,en Space(OS5) Zone (the most restrictive open space zone) is being recommended for lands adjacent to the Thames River and for the unevaluated wetland north of the proposed collector to ensure that these natural areas are protected. It is recommended that the location of the storm water management pond be zoned OS1 to allow for the construction of this facility. I I

DRAFT PLAN OF SUBDIVISION DESIGN

Proposed Road Pattern 1

The proposed draft plan of subdivision, will be accessed from Highbury Avenue N. via the proposed collector road consistent with the Kilally North Area Plan. The proposed draft plan includes one loop street, one loca’l street and four cul-de-sacs, and provides the opportunity for the future residential subdivision to the east and north(as outlined in the Kilally North Area Plan). As a safety measure, it is recommendedlthat the collector road be widened to accommodate a by-pass lane for eastbound motorists at the intersection of Street and Street IF’. I ‘A All lots will be accessed from the internal local road system. As the collector road ends at the easterly limit of the property, a temporary turnaround is recommended. Also parking should also be limited to one side‘of the street to ensure safety as it relates to access for emergency vehicles .

It should also be noted that the proposed; collector road encroaches into the vegetation patch at the easterly limit of the plan. The Environmental Impact Study noted that this will entail the removal of approximately 0.1 hectares (I%) of the wetland area on the property. The location of Street ‘Ahas been optimized between the proposed SWM facility and the unevaluated wetland. The developer is proposing to offset thie loss of the 0.1 hectare affected by the Street ‘A location by allowing the south central portion of Block 106(1.6 ha which is currently not within the surveyed boundary of the unevaluated wetland) to naturalize. Over time this will become part of or provide for a natural buffer to the wetland. Further conditions of draft approval will require engineering approvals and construction technologies to mitigate the impacts of locating Street ‘A in proximity to the wetland. 12 1647

Subject Site: 1732 Highbury Avenue North N File Number: 39T-02503 2-6235 Planner: AM SCALE 1:5000 +E Date Prepared: 2003 Dec 15 s 100 0 100 Meters Technician: CMH . I ; I Agenda Item # Page # I

39T-02503/2-6235 A. M acLean

No gateway feature is being proposed by the developer at the intersection of Street “A with Highbury Avenue N. Also, gateway treatments were not proposed as part of the Kilally North Area Plan.

Proposed Lotting Pattern I

The plan of subdivision includes 103 sidgle detached lots with lot frontages ranging from 13.5- 20.5 metres and depths ranging from 29 - 60 metres. The lotting pattern provides, where feasible, frontage on the collector road system. Where lots flank the collector road, provision for adequate and consistent fencing to fence the rear yards will be required. I Staff offered a revised street pattern toithe applicant which included the removal of the three cul-de-sacs(consistent with the directioi from Planning Committee) on the south side of the proposed collector and the inclusion of a new street which would be adjacent to the Thames River with lots on the north side of the street only(see Map 1).

The main difference between the subdi,viders plan and staffs proposal is the length of road required to accommodate staffs propogal. It is also important to note that this redesign increases the number of lots within this Fubdivision from 103 to 108. This could offset all or a portion of the cost of the additional streetllength required for this alternative design.

This new design would provide for one nlw single loaded street and it would allow houses to face the river on the south and the wetland to the north. This proposal would provide for an enhanced vista of the Thames River for the public along one of the few remaining reaches of the Thames where the opportunity exists It0 design a river front drive. This design would also increase the buffer between residential dyelopment and the river and reduce the problem of encroachment on public lands. There would also be no fencing requirements adjacent to the collector street which would provide for almoreI attractive streetscape and there would be reduced need to fence the public open sgace. The agent indicated that this was one of their original concepts, however, due to marketing reasons it was not supported by the subdivider.

I Servicing Requirements I

The sanitary sewer on Highbury Avenuq North will be used to service this development. The subdivider agrees to connect to this outlet when it is available. A condition of draft approval notes that no building permits will be issued until full municipal services are available. The registration of the plan and subsequent1 development is subject to the availability of sewage treatment capacity at the Adelaide PollutiP n Control Plant. . The storm outlet for the subject lands is the Thames River main channel via the proposed Stormwater Management (SWM) Facility, located partly on lands at the east boundary of this plan, within this plan and partly on lands outside this plan abutting the east limit of this plan. Should the subdivider wish to proceed with construction prior to the completion of the proposed ultimate SW M Facility, an Interim Storywater Management Facility must be constructed to service this subdivision. All costs associated with the temporaryhnterim SWMF must be borne by the subdivider. A further addendum tQ the EIS is required prior to submission of engineering drawings to address the SWM outlet issue. I The water supply available for this subdiiision is the existing 400mm (16”) diameter water main on Highbury Avenue North. The subdiviper will be required to provide “looping” of the water main system constructed for this subdivision when 80 units or more are built, all to the specifications of the City Engineer. As akesult, build out of the subject plan will be limited to 80 units until the extension of Street “A to Fanshawe Park Rd E is complete which will result in a looping of the water system.

13 Agenda Item # Page #

39T-02503E-6235 A. MacLean MAP I Alternative Design I Y (as prqposed by Staff)

I II \.

1 Agendakern# Page# , t I

39T-02503/2-6235 A.MacLean

CITY OF LPNDON ZONING BY-LAW BY-LAW Nq. 5000- AMENDMENT I I ~...i~rnrn~~...... ~.I ...... L...... b...... m.~...... MAYOR DAY MO 7ITH YEAR CITY CLERK Schedule "A" to By-law No. 5,000 is amebded by removing the zoning applicable to lands located at 1732-1746 Highbury Avenue North, aF shown on the map below comprising part of Key Map No. 6, from the By-law.

I Zoning as of 2003/12/1C \

File Number: 2-6235 39t-02503 SUBJECT SITE Planner: .AM Former Twp of London Zoning = LO-zone Date Prepared: 2003 DEC 15 1 SCALE -1:6000 I 100 0 100 Meters +!+- Technician: CMH I --

I I I Agenda item # Page #

39T-02503/2-6235 I A.MacLean

AMENDMENT TO SCHEDULE "A"

CITY OF LONDON ZONING BY-LAW BY-LAW NO! Z.4- AMENDMENT I I

....s...... s.s~.~~*~~~~rn~~~ SS..8...... S..8.S..S.SSS...... S....8.S* ...... MAYOR DAY MONTH YEAR CITY CLERK I I Schedule "A" to By-law No. Z.-1 is amepded by applying a Residential(R1-4) Zone, a Holding Residential(h-45 R1-4) Zone, an Open SQace(OS1)Zone and an Open Space (OS5) Zone from By-law Z-1 to lands located at 1732-1746 Highbury Avenue North, as shown on the map below comprising part of Key Map No. 24.

AMENDMFNT TO SCHEDULE "A"

'I File Number: 2-6235 39t-02503 i SUBJECT SITE Plinner: AM SCALE 1:6000 Date Prepared: 2003 DEC 17 1. 100 0 100 Meters Technician: CMH . - Agenda Item ## Page ##

I 39T-0250312-6235 A.MacLean

Responses to Public Liaison L ter and Publication in “Living in the City”

Telephone

Tracey Neil, 63 Wintergarden Rd General inquiry regarding development pr( osal

Kevin, Drewlo Holdings Requested copy of liaison

Joshua Hurwitz, 385 Huron Street- Requested copy of final report and public I ison

Written

Joan Mitchell, 155 Killarney Rd Objects to the increase in residential uses( ?d ultimate increase in traffic). Purchased the property on the basis that there was scenii jreenspace on the east side of Highbury Avenue.

Mark Hughes, 164 Killarney Crt Issues concerning noise levels produced f m Highbury Avenue traffic on residents of Kilarney Crt. Requested copy of the final report.

16 I

! Agenda Item # Page # I

39T-02503/2-6235 A.M acLean

APPENDIX 39T-02508-2 (Conditions to be ‘i‘ncluded for draft plan approval) THE CORPORATION OF THE CITY OFILONDON’S CONDITIONS AND AMENDMENTS TO FINAL APPROVAL FOR THE REGISTRATION OF THIS SUBDIVISION, FILE NUMBER 39T- I ARE AS FOLLOWS: j t

NO.

Standard i 1. That this approval applies to the draft plan submitted by Highbury Estates Inc., prepared by Z-Group, certified by Terry Dietz, File No. 39T-02503 Drawing No. 6, dated November 11, 2003, as redlined, which shows 103 single detached lots, one block for a stormwater management facility and two open space blocks served by one collector rogd, and six local streets.

2. That this approval of the draft plan applies until INSERT DATE, and if final approval is not given by that date, the draff approval shall lapse, except in the case where an extension has been granted by the Approval Authority. (Planning)

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

4. That the street(s) shall be named to the satisfaction of the Manager of Subdivision and Special Projects.(Planning) 1 5. That the municipal address shall be assigned to the satisfaction of the General Manager of Planning and Development.(Planning) I 6. That the owner, prior to final approval, shall submit to the Approval Authority a digital file of the plan to be registered in a fqrmat compiled to the satisfaction of the City of London and referenced to NAD83UTM hQrizon control network for the City of London mapping program.(Planning)

7. That prior to final approval, the Approvali Authority is to be advised by the City Clerk of the City of London that appropriate zoning is in effect for this proposed I subdivision.(Clerks) I

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

preservation.(Clerks) I

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

registered.(Clerks) I i 10. That the owner grant to the appr4priate authorities such easements as may be required for utility or drainage purposes.(Clerks, EESD)

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

12. The owner agrees to implement1 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 I9 1 Agenda Item # Page #

39T-0250312-6235 A.MacLean

the City Engineer and Manager,of Parks Planning and Design, prior to any work or installation of services on the site.(EESD, Planning) I 13. The owner shall not construct or install any kind of services (eg. Clearing or servicing of land) involved with this plan priof to obtaining a site alteration permit or registering a subdivision agreement and all necessary permits, approvals and/or certificates ihat 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 ce rti f ica tes ; Ci t y/Mi n is t ry/Age ncy 1 permits: Approved Works , water conne c t io n, water- taking, navigable waterways; approvals: UTRCA, MNR, MOE, City; etc; etc.) (EESD, PIan ni ng ) 1 14. Prior to the submission of enginehring drawings, the owner shall have a report prepared by a qualified consultant, and iP necessary a detailed hydro geological investigation carried out by a qualified consiultant, 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 and the General Manager of Planning and Development. ’ If necessary, the report is to also address any contamination impacts that may be anticipated or experienced as a result of the said construction. Any recommenda\ions outlined in the report are to be reviewed and approved by the City Engineer and the general Manager of Planning and Development, prior to any work on the site. Shopld any remedial works be recommended in the report, the owner agrees to complete these works to the satisfaction of the City, at no cost to the City.(EESD, Planning) I

15. That the owner convey Block IO? and Block I06 for parkland dedication purposes to satisfy the 5% parkland dedicatioq requirements. (Planning) I 16. The owner shall agree to install(signage at proposed London Transit Stop locations indicating “Possible Future Transit Stop”. The developer shall also install a 1.5 m concrete pad between the curb and the boulevard at the finalized stop location. (Clerks) I 17. Prior to acceptance of the detailed design for the storm water management facility plans and prior to final approval, an environmental assessment addendum shall be submitted by the owner to the satisfaction of the UTRCA, addressing the impact of the proposed SWM outlet location and its design on the fish habitat characteristics of the Thames River. The final SWM plans shall ipcorporate the results of the assessment, as approved by the UTRCA. Also, the applicant will require a permit from the UTRCA for the construction of the storm water m7 nagement outlet.(Planning, UTRCA) 18. An easement required by Bell Cayada shall be located at the westerly limit of Block I06 abutting the proposed collector road. To ensure that these works do not negatively impact the’adjacent unevaluated wetland, all plans, (including lot grading plans) must be submitted and approved to the satisfaction of the General Manager of Planning and Development prior to constructioni(P1anning)

19. The subdivider is required to consltruct a 3 metre wide pathway through Block 104 along the top of slope of the Thames Riyer to connect to the bridge at Highbury Avenue N in a location to the satisfaction of the ganager of Parks Planning and Design.(Planning) I 20. The subdivider is required to prqvide a pathway linkage through the SWM Block 105 along the maintenance access road to the satisfaction of the Manager of Parks Planning and Design. (Planning) I 21. The subdivider shall agree to instill1 a 1.5 metre chain link fence without gates along the open space property line of Block:106 adjacent to the residential lot limit(lots 89-91 , and 99-103) and along the property IiGe of Block 104 adjacent to the residential lot limit(1ots 8-19, 28-31 , 38-41 , and 49-51) pripr to the issuance of building permits.(Planning) 20 , Agenda item # Page #

I 39T-02 503/2-623 5 A.MacLean

22. Prior to construction, site alteration or installation of services, Robust silt fencing/erosion control measures and tree protection fencing must be installed and certified with site inspection reports submitted to the Parks Planning and Design Division weekly during

development activity along the edges of the open space blocks.(Planning) , (I 23. All grading associated with road construction and grading of Lots 88,89, 90, 91, 99, 100, 101, 102, and 103 must meet existing grades at the limit of Block 105. No grading into Block 106 shall be permitted except through written approval from the General Manager of Planning and Development. Finished grades must match grades along Block I04 at the top of slope or vegetation edge to allow for pathway construction between the development limit and the Kilally Forest ESA.(Planning)

4 24. The subdivider agrees to preparle a stewardship guide and education material to the satisfaction of the Manager of Parks Planning and Design and distribute the material to all new home owners of the subdivision.(Planning)

25. The subdivider agrees that the prb-development water quantity and distribution drainage along the edge of Block 104 will be maintained through engineering design submissions and construction. (EESD) j 26. The subdivider is required to make any necessary arrangements to connect to the sanitary sewer on Highbury Aven ee North.(EESD) 27. Should the subdividerwish to probeed with servicing the site prior to the completion of the proposed regional SWM Facility, it will, prior to the Submission of engineering drawings, have its consulting professional engineer design an Interim Stormwater Management Facility and related servicing for this subdivision that will be constructed and operational to the satisfaction)of the City of London and the UTRCA prior to the issuance of building permits. All costs associated with the temporary/ interim SWM facility must be borne by the subdivider.(EESD, Planning, UTRCA) I 28. The subdivider is required to provide “looping” of the water main system constructed for this subdivision when 80 units or more are built, all to the specifications of the City Engineer. The subdivider agrees khat not more than 80 lots will be issued building permits until the water main system is looped to the satisfaction of the City Engineer.( EESD)

29. Prior to the submission of engineering drawings, the subdivider’s‘professionalengineer is required to provide a water seyicing report which addresses the following:

I i) identify external water se4icing requirements; ii ) confirm capacity requirements are met; lii) identify need for the constquction of external works; iv) identify the effect of development on existing water infrastructurehdentify potential conflicts; v) water system area plan(s);,1 vi) water network analysis/hydraulic calculations for subdivision report; vii) phasing report; I vi i) oversizing of watermain/cost sharing agreements.(EESD) I

30. Prior to final approval the subdivider may be required to demonstrate to the satisfaction of the City Engineer there is sufficient arterial road network capacity to accommodate the proposed development. Restrictions on development and/or phasing may be imposed if there is insufficient network capacity to accommodate the proposed development. (EESD)

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39T-02503/2-6235 A. MacLean

31. Prior to fial approval, the subdivider will carry out a noise study to determine the impacts of traffic noise on the proposed residential units within this subdivision. The noise report shall recommend appropriate mitigation measures and the subdivision agreement shall include the measures to be installed to the satisfaction of the General Manager ,of Planning and Development. (Planning) ,

32. The subdivider agrees to decommission and permanently cap any abandoned wells located in this plan, in accordance with current Provincial legislation, regulations and standards. It is the responsibility of the subdivider to determine if any abandoned wells exist in this plan. (Clerks)

33. The subdivider must provide the following traffic calming measures: curb extensions along the south side of Street ‘A’from Highbury Avenue North to the eastern boundary of the plan of subdivision; and reduced curb radii (5.0 metre) on the inbound approach to all local roads intersecting the secondary collector road ‘network to the satisfaction of the City Engineer.(EESD)

34. The subdivider agrees to construyt a temporary turning facility for vehicles at the east limit of Street “A, to the specifications and satisfaction of the City Engineer.(EESD)

35. That 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 andlor bused outside the neighbourhood for their education. (Planning) I 36, That prior to final approval of this plan and subject to the satisfaction of the Thames Valley District School Board, the Board may require the owner to agree in the subdivision agreement to include ‘a suitable clause to advise future purchasers that this area has been designated a “Holding Zone” for school accommodation purposes and students will be accommodated at a “Holding School”. (Planning)

37. The subdivider agrees to obtain approval from the London Fire Department prior to any open burning of material on site. (Planning)

I 38. That prior to final approval, a brief summary report be submitted to the satisfaction of the General Manager of Planning and Development and the UTRCA that addresses how the recommendations of the Scoped EIS, Lumb Property Development Environmental Impact Study prepared by ESG Ipternational Inc. December 2002 and any addendums to the report have been implemented through the detailed design of the subdivision to ensure that. the features and functions of the unevaluated wetland patch 8008 and the Kilally Forest ESA are protected. (Planning, UTRCA)

39. That the owner shall carry out an archaeological survey and rescue excavation of any significant archaeological remains found on the site to the satisfaction of the Southwestern Regional Archaeologist of the Ministry of Culture; and that no final approval shall be given, and no grading or other soil disturbance shall take place on the subject property prior to the letter of release from the Ministry of Culture. (Ministry of Cut ture)

40. The subdivider agrees that at the time this plan is registered they will provide all required and adequate land dedications in relation to the proposed regional SWM Facility and all to the satisfaction of the City Engineer. (EESD)

41. The subdivider agrees to construct a 1.5 metre (5’) sidewalk on both sides of Street ‘A’; on one side of Highbury Avenue North on the east side across the frontage of this plan, on Street ‘B’on the outside boulevard, and on Street ‘F’on the west boulevard. The 22 Agenda Item # Page #

39T-02503/2-6235 A. MacLean

subdivider a’lso agrees to construct a 1.5 m(5’) sidewalk on the west side of Street ‘C’ to connect to the walkway between lots 29 & 30. (EESD)

42. The subdivider agrees to construct a bikeway on the east side of Highbury Avenue North, across the frontage of this plan, in accordance with the City’s Bicycle .

Transportation Master Plan and/or as approved by the City Engineer. (EESD) I

43. The subdivider is required to dedicate sufficient land to widen Highbury Avenue North to 18.0 metres ( 60‘) from the centerline of the original right-of-way. (EESD)

44. The subdivider is required to dedicate 6.0m x 6.0m “daylighting triangles” at the intersection of Street ‘Awith Highbury Avenue North in accordance with the Z-1 Zoning By-law, Section 4.24. (EESD)

45. The subdivider is required to provide for 0.3 m (I,)reserve blocks at Highbury Avenue North, abutting Lots 1 to 8 and Lots 79 to 85 and at the east limit of Street “A: Also, the subdivider agrees that, should this plan be developed in stages, 0.3m reserves will be required at the end of all dead-end road allowances, across future road connections and along any open sides of road allowances. (EESD)

46. The subdivider agrees to construct consistent fencing to meet City standards for the rear yards of lots which flank the collector road (Street‘A). (Planning)

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39T-02503/2-6235 A.MacLean

Appendix 39T-02508-2 (Requirements to be included in the subdivision agreement)

A. SEWERS &WATER MAINS

1. Sanitary: a) The subdivider agrees that the sanitary outlet for this site is the 750mm diameter trunk sanitary sewer being constructed on Highbury Avenue North, abutting this plan, by Pittao Holdings Inc. The subdivider agrees to connect to this outlet. Further, the subdivider agrees that no building permits will be issued until the outlet is in service, all to the satisfaction of the City Engineer. b) This proposed subdivision is located in the Adelaide Pollution Control Plant sewerage shed. The subdivider agrees 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 subdivider 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 (I) year of the date specified in the subdivision agreement.

Failure to register the agreement and register the plan within the specified time may result in the subdivider forfeiting the allotted treatment capacity and, also, the loss of his right to connect into the outlet sanitary sewer, as determined by the City Engineer. In the event of the capacity being forfeited, the subdivider must reapply to the City to have reserved sewage treatment capacity reassigned to the subdivision.

c) The subdivider agrees that the proposed subdivision sewers must remain consistent with the 20 year Master Servicing Plan, as well as reflect servicing needs in accordance with the Kilally North Area Plan.

d) The subdivider will be required to make any necessary arrangements (to ensure availability) for connecting into the new sanitary sewer on Highbury Avenue North.

2. Storm and Stormwater Management:

a) The subdivlder agrees that the storm outlet for the subject lands is the Thames River main channel via the proposed Stormwater Management (SWM) Facility, located partly on lands at the east boundary of this plan, within this plan and partly on lands outside this plan abutting the east limit of this plan.

b) The subdivider acknowledges they have the option to construct the permanent Regional SW M Facility, furthermore the subdivider agrees to have his consulting professional engineer design and construct the proposed storm/drainage system and the Regional SWM Facility to service the total catchment area, all to the satisfaction of the City Engineer and according to the requirements of the following:

i) The SWM targets and criteria for the North Thames Subwatershed Study.

ii) The Municipal Class Environmental Assessment (EA) for the proposed Kilally North Storm Sewer Servicing completed June 14,2002. 24 Agenda Item ## Page #

39T-02503/2-6235 A. M acLean iii) City of London SWM pond requirements (last update Jan, 2003) iv) The City’s Drainage By-Law and lot grading standards, policies, requirements and practices. v) Ministry of the Environment SWM Practices Planning and Design Manual. vi) Applicable Acts, Policies, Guidelines, Standards and Requirements of all relevant SWM agencies.

Should the subdivider choose to construct the proposed regional SWM Facility, the subdivider agrees to acquire all necessary lands outside of this plan in order to accommodate the inclusion in this plan of the proposed Ultimate Stormwater Management Facility. Furthermore the subdivider is to provide proof of acquisition to the City of London at the time this plan is registered.

The subdivider agrees that the building permits for the subject site shall be issued upon the proposed regional SWMF being constructed and operational, and all related storm/drainage services are completed and operational, and all to the satisfaction of the City Engineer. Should the subdivider wish to proceed with construction prior to the completion of the proposed ultimate SWM Facility, it will, prior to the issuance of building permits, have its consulting professional engineer design and construct an Interim Stormwater Management Facility and related servicing for this subdivision that will be constructed and operational to the satisfaction of the City Engineer. All costs associated with the interim SWMF must be borne by the subdivider.

The subdivider’s consulting professional geotechnical engineer shall ensure that all geotechnical issues related to slope stability are adequately addressed and that all required maintenance, erosion and structural setbacks for the subject lands are ensured, and all to the satisfaction of the City Engineer and the Upper Thames River Conservation Authority.

The subdivider agrees to promote the implementation of SWM soft measure Best Management Practices (BMP’s) within the plan, where possible, to the satisfaction of the City Engineer. The acceptance of these measures by the City will be subject to the presence of adequate geotechnical conditions within this plan and the approval of the City Engineer.

The subdivider shall have its Professional Engineer identify the major/minor storm flow routes for the said catchment area to the satisfaction of the City Engineer.

The subdivider shall use his best endeavors to ensure that increased and accelerated stormwater runoff from this subdivision shall not cause damage to downstream lands, properties or structures beyond the limits of this subdivision and notwithstanding any requirements of the City,.or any approval given by the City Engineer, the subdivider 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 subdivider’s consulting professional engineer shall submit a Monitoring and Operational Procedure Manual for the maintenance and monitoring program of the Regional and/or Interim SWMF in accordance with the City’s “Monitoring and Operational Procedure for Stormwater Management Facilities” guidelines to the City Engineer for review and approval. The program will include but not be limited to the following:

25 Agenda Item # Page #

39T-0250312-6235 A.MacLean i> A work program manual for the maintenance and monitoring of this facility. ii) Protocol of sediment sampling and recording of sediment accumulation volumes. iii) Storage and discharge monitoring. k) Following construction and prior to the assumption of the SWM facility, the subdivider agrees to complete the following at no cost to the city, and all to the satisfaction of the City Engineer:

i) Operate, maintain and monitor the SWM facility in accordance with the approved maintenance and monitoring program and the City’s “Monitoring and Operational Procedure for Stormwater Management Facilities”

ii) Have its professional consulting engineer submit semiannual monitoring reports in accordance with the approved maintenance and monitoring program and the City’s “monitoring and Operational Procedure for Stormwater Management Facilities” to the City Engineer for review and approval.

4. Water Mains: a) The water supply available for this subdivision is the existing 400mm (1 6”) diameter water main on Highbury Avenue North.

The subdivider will be required to provide “looping” of the water main system constructed for this subdivision when 80 units or more are built, all to the specifications of the City Engineer. b) The subdivider will be required to obtain all necessary approvals from the City Engineer for individual servicing of blocks in this subdivision, prior to the installation of any water services for the blocks.

The subdivider’s professional engineer will be required to provide a water servicing report which addresses the following: i) identify external water servicing requirements; ii) confirm capacity requirements are met; lii) identify need for the construction of external works; iv) identify the effect of development on existing water infrastructure/identify potential conflicts; v) water system area plan(s); vi) water network analysidhydraulic calculations for subdivision report; vii) phasing report; vii) oversizing of watermainkost sharing agreements. d) The subdivider agrees to complete any necessary upgrading of the existing mains, as required by the City Engineer, all to the specifications of the City Engineer and at no cost to the City.

5. General:

a) The subdivider will be required to make arrangements with the affected property owner(s) 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.

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39T-02503/2-6235 A.MacLean

The subdivider 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 subdivider agrees that na weeping tile connections will be permitted into the sanitary sewers within this plan.

STREETS, TRANSPORTATION & SURVEYS

Roadwav Alignments and Geometries:

The cul-de-sacs on Street ‘C’,‘D’, and ‘E’ are to be constructed in accordance with City of London Standard DWG. SR-5.0.

All streets with bends of approximately 90 degrees are to have a minimum inside street line radius in accordance with the following City standards:

Road Allowance SIL Radius i) 20m 9.0 m ii) 19 m 9.5 m iii) 18 m 10.0 m

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.

At all through intersections the alignment of opposing streets is to be determined based on the centerlines of the streets aligning through their intersections thereby having these streets centered with each other, unless otherwise specified herein.

The subdivider agrees to construct Street ‘A’ at Highbury Avenue North opposite Killarney Road on the west side as established by the Kilally North Community Plan.

The subdivider agrees to construct Street ‘A’ at the eastern boundary of the subject property in alignment with the proposed secondary collector road to the east as established by the Kilally North Community Plan.

Minimum Centreline of Road Rad.ii:

All streetsh the subdivision are to have centerline radii which conform to the’City of London Standard “Minimum Centerline Radii of Curvature of Roads in Subdivisions”.

Road Widths:

a) Street ‘A 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) Street ‘A’ from Highbury Avenue North to 45 metres (150’) east is to have a minimum road pavement width (excluding gutters) of 12.5 metres (41.O’) with a minimum road allowance of 24 metres (78.7’). The widened road on Street ‘A’ is to be equally aligned from the centerline of the road and tapered back to the 9.5 metres (31.27 of road pavement width (excluding gutters) and 21.5 metres (70’) of road allowance for this street with 30 metre (100’) tapers on both street lines.

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39T-02503/2-6235 A.MacLean

The costs incurred for providing the additional pavement widening will be claimable from the Urban Works Reserve Fund in accordance with By-law No. C.P.-1414-215.

c) Streets ‘B’ and ’F’are to have a minimum road pavement width (excluding gutters) of 8.0 metres (26.2’) with a minimum road allowance of 20 metres (66’);

d) Streets IC’’ ‘D’, ‘E’,and ‘G’ are to have a minimum road pavement width (excluding gutters) of 6.0 metres (19.7’) with a minimum road allowance of 18.0 metres (60’).

4. Sidewalks/Bi keways:

a) The subdivider agrees to construct any of the sidewalks required as outlined in these conditions within a time-frame as directed by the City Engineer, upon determination by the City Engineer that these sidewalks are needed.

b) Bikeways will be required on the east side of Highbury Avenue North, across the frontage of this plan, in accordance with the City’s Bicycle Transportation Master Plan and/or as approved by the City Engineer.

5. Boundary Road Works:

The subdivider agrees to construct a left turn auxiliary lane on Highbury Avenue North at Street ‘A with sufficient storage and taper to accommodate the traffic demand anticipated as a result of full build out of the Kilally North Community Plan.

The subdivider agrees to install traffic signals at the intersection of Highbury Avenue North at Street ‘A’ when determined to be warranted by the City Engineer.

The subdivider will be required to make minor boulevard improvements on Highbury Avenue North, 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.

The subdivider, prior to entering into a subdivision agreement, agrees to undertake a traffic study to determine the impact of the proposed development on the secondary collector road and adjacent arterial road network including the intersection of Fanshawe Park Road East with Highbury Avenue North. The study should also give consideration to the impact of phasing on the timing of these network improvements. The Environmental and Engineering Services Department should be contacted to discuss the scope of this study. *

6. Road W ideninq:

a) The subdivider will be required to dedicate sufficient land to widen Highbury Avenue North to 18.0 metres ( 60‘) from the centerline of the original right-of-way.

b) The subdivider will be required to dedicate 6.0m x 6.0m “daylighting triangles” at the intersection of Street ‘Awith Highbury Avenue North in accordance with the Z-1 Zoning By-law, Section 4.24.

7. Vehicular Access :

The subdivider agrees that no vehicular access will be permitted to Lots 70-103 and Lots Ito 8 from Highbury Avenue North. All vehicular access is to be via Street ‘A”.

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39T-02503/2-6235 A.MacLean

8. Traffic Calmina:

a) The subdivider agrees to submit a plan developed in the context of the road network established by the Kilally North Community Plan which identifies the traffic calming measures required along the secondary collector road network to discourage through traffic and excessive vehicle speeds.

9. Construction Access/Temporarv/Second Access Roads:

a) The subdivider agrees to instruct all construction traffic to access this plan of subdivision via Highbury Avenue North.

IO. Street Liqhtincl:

The subdivider will be required to install street lighting along Highbury Avenue North abutting this subdivision as determined to be warranted by and to the specifications of the City Engineer.

11. General:

a) The area of all blocks except street widenings and reserves, shall be shown on the plan to be registered.

Blacks for 0.3 m (1’) reserves will be required at the following locations: Highbury Avenue North, frontage of Lots 1 to 8 and Lots 79 to 85.

East limit of Street ‘A

The subdivider agrees to construct a temporary turning facility for vehicles at the east limit of Street ‘A’ , to the specifications and satisfaction of the City Engineer.

The subdivider agrees, that prior to entering into a subdivision agreement, the subdivider may be required to demonstrate to the satisfaction of the City Engineer there is sufficient arterial road network capacity to accommodate the proposed development. Restrictions on development and/or phasing may be imposed if there is insufficient network capacity to accommodate the proposed development.

The subdivider agrees to identify how those lands abutting the plan of subdivision with medium density residential land use permitting low density residential development can be served hough the internal road network to prevent the creation of local road intersections along the arterial road network, should these lands be developed with low density residential development. 1 GENERAL CONDITIONS

The subdivider agrees to have the common property line of Highbury Avenue North graded in accordance with the City of London Standard “Subdivision Grading Along Arterial Roads”, or as approved by the City Engineer, 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 grades on Highbury Avenue North are the future centerline of road grades as determined by the subdivider’s professional engineer and accepted by the City Engineer. From these, the subdivider’s professional engineer is to determine the elevations along the common property line, which will blend with the reconstructed road. 29 Agenda Item # Page #

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2. The subdivider agrees to implement the requirements of the City of London concerning sedimentation and erosion control measures during all phases of construction. The subdivider's professional engineer shall have these requirements established and approved by the City Engineer prior to any work on the site.

3. a) The subdivider agrees to advise the City in writing at least two weeks prior to connecting, either directly or indirectly, into any unassumed services constructed by a third party, and to save the City harmless from any damages that may be ' caused as a result of the connection of the services from this subdivision into any unassumed services.

Prior to any connection being made to an unassumed service, the following will apply:

i) The unassumed services must be completed and Conditionally Accepted by the City;

ii) The subdivider must have a video inspection completed on all affected unassumed sewers;

b) The subdivider further agrees to pay a proportional share of the operational, maintenance and/or monitoring costs of any affected unassumed sewers or SWM facilities (if applicable) to third parties that have constructed the services and/or facilities, to which the subdivider 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 subdivider's payments to third parties, shall:

i) commence upon completion of the subdivider's service work connections to the existing unassumed services; and

ii) continue until the time of assumption of the affected services by the City. 4. With respect to any services and/or facilities constructed in conjunction with this plan, the subdivider agrees to permit the connection into and use of the subject services .and/or 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. *

5. The subdivider agrees to construct all municipal services, including boulevard tree planting, for the subject lands at the sole expense of the subdivider. The details of the services required will be established by the City Engineer after particulars of engineering design are provided by the subdivider, in accordance with the policies and standards of the City prevailing at the time the Subdivision Agreement is approved by City Council. The provisions of all general by-laws, policies and guidelines, as amended from time to time, including those pertaining to development charges and other levies, shall continue to apply to the subject lands and shall not be affected by any subdivision requirements respecting services.

6. The subdivider 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 EngineedChief Building Official immediately, and if required by the City EngineedChief Building Official, the 30 Agenda Item # Page #

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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 EngineerKhief 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 EngineerKhief Building Official shall be implemented and carried out under the supervision of the professional engineer, to the satisfaction of the City EngineerKhief Building Official and at the expense of the ownerkontractor, before any construction progresses in such an instance. The report shall include provision for an ongoing methane gas monitoring program, if required, subject to the approval of the City Engineer and review for the duration of the approval program.

If a permanent venting system or facility is recommended in the report, the subdivider further agrees to register a covenant on the title of each affected lot and block to the effect that the owner of the subject lots and blocks must have the required system or facility designed, constructed and monitored to the specifications of the City Engineer, and that the owners must maintain the installed system or facilities in perpetuity at no cost to the City. The report shall also include measures to control the migration of any methane gas to abutting lands outside the plan.

7. The subdivider agrees to provide inspection during construction by its professional engineer for all work to be assumed by the City, and have its professional engineer supply the City with a certificate of compliance upon completion in accordance with the plans approved by the City Engineer.

8. The subdivider agrees to have a detailed geotechnical evaluation, including slope and soil studies with consideration given to possible lot line and structural setbacks from the top-of-bank, carried out to determine the impact of the development on the river banks abutting Lots 8 to 19, Lots 28 to 31, Lots 38 to 41 , Lots 49 to 51 and Block 105 in this plan, to the satisfaction of the U.T.R.C.A. and the City Engineer. Any slope, bank stabilization, or lot line or structural setbacks as recommended by these studies are to be reviewed and approved by the U.T.R.C.A. and the City Engineer, prior to any work on site.

9. The subdivider agrees that a noise attenuation wall will be required between Lots 79 to 85 and Lots 1 to 8 and Highbury Avenue North along the westerly limit of this plan of subdivision, at the subdivider’s expense, all in accordance with the guidelines adopted by Municipal Council on April 3, 1991.

IO. The subdivider will be required to install standard barricades/warning signs at the limits of dead end streets within this plan to the specifications of the City Engineer. .

11. The subdivjder’s professional engineer is to determine the need for an Environmental Assessmt?nt 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.

12. Minimum side yard setbacks will be required as specified by the City Engineer for . buildings which are adjacent to rear yard catch basin leads which are not covered by an easement on lots in this plan.

13. The subdivider agrees to have its engineer notify existing property owners in writing, regarding the sewer and/or road works proposed to be constructed on existing City streets in conjunction with this subdivision, all in accordance with Council policy for “Guidelines for Notification to Public for Major Construction Projects”.

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14. The subdivider will be required to plant boulevard trees along existing roads abutting this subdivision in accordance with the City's tree planting guidelines, all at no cost to the City and as specified by the City Engineer.

15. The subdivider agrees that no construction or installations of any kind (eg. clearing or servicing of land) involved with this plan shall be undertaken prior to obtaining all necessary permits, approvals and/or certificates that need to be issued in conjunction with the development of the subdivision, unless otherwise approved by the City in writing; (eg. MOE certificates; City/Ministry/Government permits: Approved Works, water connection, water-taking, Crown Land, navigable waterways; approvals: UTRCA, MNR, MOE, City; etc ...).

16. The subdivider acknowledges that, prior to assumption of any streets in this plan, at least 70% of the lots fronting the roads to be assumed are to be built upon.

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

13. The subdivider will be required to resubmit a revised draft plan for this subdivision to the Environmental Services Department (Subdivision & Development Division) showing any amendments or revisions made to this plan as a result of any requirements and/or conditions covering the plan, or otherwise (ie. subdivider initiated), prior to final approval being issued.

14. The subdivider agrees that, should this plan be developed in stages, 0.3m reserves will be required at the end of all dead-end road allowances, across future road connections and along any open sides of road allowances.

Permanent reserves are to be located outside the road allowance, temporary reserves are to be allocated from the road allowance and form part of the design width.

Reserve blocks should be separated into parts where it is anticipated that it would facilitate future development of abutting lands.

20. The subdidher agrees to decommission and permanently cap any abandoned wells located in this plan, in accordance with current Provincial legislation, regulations and standards. It is the responsibility of the subdivider to determine if any abandoned wells exist in this plan.

In the event that an existing well in this plan is to be kept in service, the City accepts no responsibility for the well, and makes no assertion, implied or otherwise, about the quantity or quality of water available in the well. Further, the owner of the well accepts all responsibilityfor protecting the well and the underlying aquifer from any development activity.