39T-05511/02-6977 A. MacLean

Appendix A

' Foxhollow Community Plan Amendments

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8 39T-05511/02-6977 A. MacLean

APPENDIX "B"

Bill NO. (number to be inserted by clerk's ofice) insert year

By-law No. C.P.-1284-- A by-law to amend the Official Plan for the City of London, 1989 relating to 1196 Sunningdale Road West.

The Municipal Council of The Corporation of the City of London enacts as follows:

1. Amendment No. (to be inserted by Clerk's omce) to the Official Plan for the City of London Planning Area - 1989, as contained in the text attached hereto and forming part of this by-law, is adopted.

2. Planning Act, R.S.O. f 990, c.P.23.

This by-law shall come into effect in accordance with subsection 17(38) of the

PASSED in Open Council on Insert date of Council meeting

Anne Marie DeCicco-Best Mayor

Linda Rowe Acting City Clerk

First Reading - Insert date of Council meeting Second Reading - Insert date of Council meeting Third Reading - Insert date of Council meeting

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397'-05511102-6977 A. MacLean

APPENDIX "B"

AMENDMENT NO.

to the

OFFICIAL PLAN FOR THE CITY OF LONDON

A. PURPOSE OF THIS AMENDMENT

The purpose of this Amendment is:

1. To amend the Low Density Residential, ,Multi-Family Medium Density Residential and Open Space designation boundaries of certain lands described herein on Schedule "A", Land Use, to the Official Plan for the City of London.

i B. LOCATION OF THIS AMENDMENT

1. This Amendment applies to lands located 1196 Sunningdale Road West in the City of London.

: ,! C. BASIS OF THE AMENDMENT

The Low Density Residential deslgnation which applies to the southern portion of this site permits low-rise, low density housing forms including', single detached, semi-detached and duplex dwellings(at a maximum density of 30 units per h$ctare) as the main permitted uses.

The Multi-Family Medium Density Residential designation which applies to the central and northwest portions of this site permits multiple-unit residential developments having a low rise profile, with a maximum density of 75 units per hectare,(uph). Uses may include row houses, cluster houses, low-rise apartment buildings and certain specialized residential facilities such as small scale nursing homes. The Multi-Family Medium Density Residential designation also permits low density residential uses. The applicant's proposed draft plan of subdivision and associated Zoning By-law Amendments conform to the Low Density Residential and Multi- Family Medium Density residential polices in terms of building form and density.

The Foxhollow Community Plan identified a large park area in the central portion of the subdivision. The parkland needs of this area were reevaluated and it was determined that the District Park in the Foxfield Subdivision (39T-02505) was sufficient to address the park land needs of this community. Therefore, the proposed Park Blocks 28 and 29 are sufficient to ensure that access for this subdivision and lands to the west is provided to the District Park. Also a corridor of land running north - south within this subdivision was identified during the Community Planning process for SWM purposes. This area is intended to provide for storm water management and pedestrian access to the District Park in the Foxfield Subdivision (plan 39T-02505). The Foxhollow Municipal Class EA was completed in 2006 and this provides additional clarity to define the limits of SWM.

In order to address the defined SWM area, parkland, and the abutting residential designations, an amendment to the Official Plan is required. The proposed amendments to refine the boundaries of the Low Density, Multi-Family Medium Density and Open Space designations are appropriate and meet the intent of the Foxhollow Community Plan.

D. THE AMENDMENT

The Official Plan for the City of London is hereby amended as follows:

1. Schedule "A", Land Use, to the Official Plan for the City of London Planning Area is amended by adjusting the boundaries of the Low Density Residential, Multi-

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39T-05511102-6977 A. MacLean

Family Medium Density Residential and Open Space designations of those lands located at 2196 Sunningdale Road West in the City of London, as indicated on "Schedule 1" attached hereto.

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AMENDMENT No.

Realign the Low Density Residential; Multi-Family Medium Density Residential and Open Space Boundaries

LEGEND DEFERRED AREAS

DOWNTOWN AREA OFFICE AREA -- AREAS REGIONAL SHOPPING AREA OFFICE/RESIDENTIAL 1, ,I UNDER APPEAL COMMUNITY SHOPPING AREA NEIGHBOURWODD SHOPPING AREA GENERAL INDUSTRIAL ASSOCIKED SHOPPING AREA COMMERCIAL BUSINESS DISWJCT REGIONAL FACILITY ARTERIAL MIXED USE D I m I C T HIGHWAY SERVICE COMMERCIAL OPEN SPACE RESTRlClEDMlGHWAY SERVICE COMMERCIAL RESTRICTED SERVICE COMMERCIAL COMMERCIAL Pouol~~m RURAL SRTLEMENT MULTl -FAMILY. HIGH DENSW RESIDENTIAL MULT -FAMILY. MEDIUM DENSW RESIDENTIAL

OFFICE BUSINESS PARK

UGKT INDUSTRIAL

COMMUNITY FACILITY

URBAN dESERVE - COMMUNITY GROWTH URBAN RESERVE - INDUSTRIAL GROWTH

ENVIRONMENTAL R N l W

LOWDENSllYRESlDEKnAL

THIS IS AN MCERPT FROM THE PLANNING DIVISIONS WORKING CONSOUDATION OF SCHEDULE A X)THECrrrOF.LDNDONOFnClALPCAN.W~ ADDEDNBTAnONS

FILE NO.

02-6977/39%05511 AM

MAP PREPARED: I November 26,2008 CK

§CKEDULE 1 TO OFFXCIALPLAN AMENDMENT NO.

* I SCALE 1:30,000 PREPARED By. Graphic8 & Information Seorics8 AML LOc.4noN: \\clfilsl\aiswork~lannlnrr\olalcet.\l, otfioialplan\workconrd00\amcndmendmen~\o~~S~77\nmls\~~~~k8xlldml

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39T-05511/02-6977 A. MacLean

APPENDIX 39T- 05511 (Conditions to be included for draft pl

THE CORPORATION OF THE CITY OF LONDON'SCOND FINAL APPROVAL FOR THE REGISTRATION OF THIS SI 0551 1 ARE AS FOLLOWS:

NO. CONDITIONS

Standard

n approval)

rlONS AND AMENDMENTS TO BDIVISION, FILE NUMBER 39T-

1.

2.

3.

4.

5.

6.

7.

8.

9.

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12.

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This draft approval applies to the draft plan submiTed by Clarke Family Holdings C/O Landea Developments Inc., prepared by Whitney Engineering, certified by Bruce Baker, File No. 39T-05511, drawing no. 3, as red-linehmerided, which shows a total of 25 low density residential blocks, three (3) park blocks, one (1) stormwater management block and various reserve blocks served by two (2) new cdllector roads and four (4) new local streets.

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This approval of the draft plan applies for three yeais, and if final approval is not given by that date, the draft approval shall lapse, except iti 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.

Street G from the east limit of the draft plan to the west limit of the draft plan shall be named Buroak Drive. All other street(s) shall be' named to the satisfaction of the Director, Development Approvals.

The municipal addresses shall be assigned to 'the satisfaction of the Director, Development Approvals.

Prior to final approval, the Owner shall submit ttr the Approval Authority a digital file of the plan to be registered in a format compiled to thq satisfaction of the City of London and referenced to NAD83UTM horizon control netwdrk for the City of London mapping program.

Prior to final approval, appropriate zoning shall be in effect for this proposed subdivision.

The Owner shall satisfy all the requirements, financial and otherwise, of the City of London in order to implement the conditions of this draft approval.

The subdivision agreement between the Owner 4nd the City of London shall be registered against the lands to which it applies.

The Owner shall grant to the appropriate authorities sQch easements as may be required for utility, road or drainage purposes.

Phasing of this subdivision (if any) shall be to the satisfaction of the General Manager of Planning and Development and the City Engineer. If phasing is to occur, a Phasing plan must be submitted by the Owner as part of the Design Studies Submission.

In conjunction with the Design Studies submission, the Owner shall develop an erosionlsediment control plan that will identify all erosion and sediment control measures for the subject lands in accordance with City of London and Ministry of Environment standards and requirements, all to the satisfaction of the City Engineer. This plan is to

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A. MacLean

13.

14.

15.

16.

17.

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include measures to be used during all phases on cqnstruction, Prior to any work on the site, the Owner shall submit these measures as a icomponent of the Functional SWM andlor Drainage Servicing Report for these lands ahd shall implement these measures satisfactory to the City Engineer.

In conjunction with the Design Studies submission, the Owner shall have's 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 potential cotltamination impacts that may be anticipated or experienced as a result of the said cpnstruction. Any recommendations outlined in the report shall be reviewed and approvetl by the City Engineer and included in the pertinent agreement@) with the CRy of London prior to any work on the site, Should any remedial works be recornmended in the report, the Owner shall complete these works prior to issuance of Certificate of Approval, to the satisfaction of the City, at no cost to the City.

Prior to any work on the site, the Owner shall decommission and permanently cap any abandoned water wells located on the property, in accordance with the Ontario Water Resources Act and the Ministry of Environment requirements and file the necessary reports with the Ministry of the Environment and the City of London.

Prior to the submission of engineering drawings, the Approval Authority shall be satisfied that sufficient sewage treatment and conveyance Uapacity is available to service the subdivision.

The Owners professional engineer shall provide inspection services for all work during construction by its professional engineer for all wofik 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 comply with all City of London'.standards, guidelines and requirements in the design of this draft plan and all required engineering drawings. Any deviation to the City's standards, guidelines, or requirements shal! be completed to the satisfaction of the City Engineer and General Manager of Planning and Development.

Prior to final approval, for the purposes of satisfyhg any of the conditions of drafl approval herein contained, the Owner shall file with the Approval Authority a complete submission consisting of all required clearances, fees, and final plans, and to advise the Approval Authority in writing how each of the conditions of draft approval has been, or will be, satisfied. The Owner acknowledges that, in the event that the final approval package does not include the complete information required by the Approval Authority, such submission will be returned to the Owner withoul detailed review by the City.

For the purpose of satisfying any of the conditicns of draft approval herein contained, the Owner shall file, with the City, complete submission$ consisting of all required studies, reports, data, information or detailed engineering drawings, all to the satisfaction of the General Manager of Planning and Development and the City Engineer. The Owner acknowledges that, in the event that a submission does not include the complete information required by the General Manager of f'lanning and Development and the City Engineer, such submission will be returned to the Owner without detailed review by the City.

Prior to final approval the Approval Authority shall be advised for the registration of the subdivision, is to be advised in writing by the Finance bepaflment, City of London that financial obligations/encumbrances owed to the City on the said lands have been Paid in full, including property taxes and local improvement charges.

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27.

28.

29.

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31.

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39T-05511102-6977 A. MacLean

adequate to serve any upstream lands in the Engineer. Further, at the same time, the Owner

wershed satisfactory to the City provide copies of the report(s) to

the upstream landowners (stakeholders) for an orbportunitv to comment. EESO will ---- ..... consider any comments received from third parties &p to the time of acceptance of the design studies.

a) The Owner shall provide within 30 request from the City Engineer, the City with documentation to allow City staff (or their consultants) to enter the of completing the necessary studies to assist in the reconstruction /remediation works with its related channels and for the construction of the Stormwater Management

Sanitary/SWM project, the Owner shall, within 30 call, dedicate the necessary lands free and clear these works including any necessary working the future road right of way from Development 39T-02505 Subdivision to the Heard Dqain Corridor.

The Owner shall provide access (if require&) to thb City of London for maintenance, operation and reconstruction of the trunk sanitary seWr to the satisfaction of the City of London.

b) Upon notice from the City of its acceptance the issuance of the tender

to the City for

)

i c The Owner shall not request a Certificate of Conditi rial Approval for any works in this draft plan until the trunk sanitary sewer works are and commissioned as identified in the Foxhollow EA or Foxhollow FA Addebdum.

The Owner shall construct the sanitary sewers within this plan to serve this plan and external drainage areas and connect to the extensioh of the trunk sanitary sewer within the Foxhollow Area through the adjacent property ~(Landea Foxhollow Developments 39T-05512), in accordance with the approved pox Hollow SWM Environmental Assessment or Foxhollow EA Addendum.

The Owner shall construct local sanitary sewers wh re trunk sewers are greater than 8 metres in depth and are located within the roadway, to provide servicing outlets for private drain connections. These sewers will be at the sole cost of the Owner. Any exception for private drain conn+ctiotx to the trunk sewers greater than 8 metres in depth will require the approval of the City Engineer.

The Owner shall install municipal sanitary servicing satisfaction of the City Engineer, in order to provide

the limits of their property, to the the servicing of external parcels

of land within the sanitary drainage area.

As part of the Design Studies submission, the Obner shall provide an analysis to indicate the water table level of lands within the 'subdivision and an evaluation of additional measures, if an, which need to be und*aken in order to meet allowable inflow and infiltration levels as identified by OPSS 410 and OSS 407. This is to be provided prior to design drawings submissions. Addlional measured identified shall be incorporated into the design drawings for the subdivision.

Prior to registration of this plan, the Owner shall obtaib consent from the City Engineer to reserve capacity at the Greenway/Adelaide Poilutioil Control Plant for this subdivision. This treatment capacity shall be reserved by the City :Engineer subject to capacity being available, on the condition that registration of the subdivision agreement and the plan of subdivision occur within one (1) year of the date specbed in the subdivision agreement.

Failure to register the plan within the specified time mBy result in the Owner forfeiting the allotted treatment capacity and, also, the loss of h!s right to connect into the outlet

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39T-05511102-6977 A. Maclean

sanitary sewer, as determined by the City Enginee . In the event of the capacity being forfeited, the Owner must reapply to the City t 4 have reserved sewage treatment capacity reassigned to the subdivision.

The Chner shall not allow any weeping tile conne4ions into the sanitary Sewers within this plan.

Through design and throughout the duration trU&n within this draft plan of subdivision, the Owner shall control and prev flow and infiltration and silt from being introduced to the sanitary sewer syste measures and submission of reports of the confirm that the constructed works meet ac w and infiltration works will be required. The owner will also be require measures to prevent inflow and infiltration from entering the sanitary sew sewer works, all satisfactory to the City En no cost to the City.

The Owner shall oversize sanitary sewers n plan in order to Serve lands from upstream external to this plan and tributa sewers within this draft plan, if necessary, to the satisfaction of the Ci

A Certificate of Conditional Approval will not be iss! ed for any'works in this draft plan until such time as the trunk sanitary sewer works wh ch are to be constructed by the City of London are constructed and commissioned as id ntified in the Foxhollow EA except for certain lots andlor blocks that may be released at the discretion of the City Engineer,

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34.

35.

36. 1 Storm and Stormwater Manaaement

37. I

The Owner shall construct the proposed stormldraiqage servicing works for the subject lands and connect to the relevant SWM Facility s) and the Heard Drain Channel RemediationlReconstrudion Servicing works, in acc rdance with the accepted preferred servicing option of the.Fox Hollow Municipal Class E Study, all to the specifications and

Prior to the issuance of a Certificate of Condition I Approval, the Owner shall, with exception of SWM Facility #3 have his profession engineer design and oversee the construction for the proposed stormkirainage to se $ ice the total catchment area with the, all to the satisfaction of the City Engineer and +cording to the requirements of the

i) The City's SWM criteria and the environmehtal targets for the Medway Creek Subwatershed Study.

The preferred stormldrainage and SWM se icing option of the Municipal Class EA for the Fox Hollow lands as accepted by Ijj a,l applicable agencies.

The accepted Functional Report for the prop0 ed SWM Facility # 3

The Ministry of Environment's SWM Practi s Planning and Design Manual (2003) and the City of London's Design Speci Fe ications and Requirements Manual (Environmental and Engineering Services be@tment - October 2003).

The City's Waste Discharge and Drainage 4y-IaWs and lot grading standards, policies, requirements and practices; and

applicable Acts, Policies, Guidelines, Standards and Requirements of the relevant SWM agencies, including the City, t e Ministry of the Environment and

A Certificate of Conditional Approval shall not be is$ued for the subject lands until the Heard Drain Channel ReconstructionlRernediatiOn a@ Servicing and the relevant SWM

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satisfaction of the City Engineer. 1 38.

following: ~

ii)

iii)

iv)

'~

the Upper Thames River Conservation Autho P; tY.

39,

40.

41.

42.

43.

44.

45.

46.

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39T-05611102-6977 A. MacLean

Facility(s) works are constructed and operational servicing works for the subject site can be

the proposed storm/drainage all to the specifications and

satisfaction of the City Engineer.

Prior to the submission Of engineering geotechnical engineer address all to Slope stability and the

Owner shall have it's professional and all required setbacks related

development conditions, and the upper

The Owner shall and access

capacities during

Thames River Conservation Authority.

easements

FigurelAppendix "-" attached.

The Owner shall provide the land dedications for the pity construction of the Fox Hollow functional and detailed design for proposed stormld inage and SWM sewking works for the subject lands, all to the specifications and to t satisfaction of the City Engineer for proposed stormfdrainage servicing works for lands and connect to the relevant SWM Facility and the Heard Drain Servicing works, in accordance with the ~ ~ l l ~ ~ Municipal Class EA Study or its the specifications and to the

The Owner shall promote the implementation of Practices (BMP's) within the plan, where Engineer. The acceptance of these of adequate geotechnical

soft measure Best Management to the satisfaction of the City

ity will be subject to the presence and the approval Of the City

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Engineer.

39T-05511/02-6977 A. MacLean

Water Mains

48. With the submission of the Design Studies, the engineer provide a water servicing report which addr sses the following:

wner shall have its professional

identify external water servicing requirements

identify need for the construction of extknal +arks; identify the effect of development on e isting water infrastructure/identify

i) ii) confirm capacity requirements are met; P iii) iv)

v) water system area plan@.); vi) water network analysislhydraulic calculations subdivision report; vii) phasing report; viii)

The Owner shall construct the proposed municipal watermains to the east and report, satisfactory from the Hyde Park Water

potential conflicts; T

oversizing of water mainlcost sharing

49. serve this plan to the future the accepted water servicing subdivision shall be serviced

50. The Owner shall have its if there is sufficient water turnover to ensure water homes need to be built and occupied to maintain the water quality cannot be maintained in the blow offs, where necessary, to the arrangements with Water Operations

Streets, Transportation and SUrveVS

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52.

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The Owner shall construct all roads shown in t is plan of subdivision such that alignments match joining roads outside this plan. i The Owner shall not request a Certificate of Con access is provided through extension af streets on

Approval until public street east, west andlor south.

The Owner shall ensure a minimum of 5.5 metres ( 8') will be required along the curb line between the projected property lines of iregula f shaped lots around the bends on Street 'E and Street 'HI.

The Owner shall eliminatellimit the bulge in the curb lines on Street 'E' and Street 'H' to only a maximum offset from the standard radius reqvired to achieve the minimum curb distance for lands, as approved by the City Engineer. Further, the bulge in the street line is only to be to the extent required to achieve the minibum frontage for the abutting lots.

The Owner shall construct a 1.5 metres ( 5 ) sidewblk on both sides of the following streets:

i. Street 'E' ii. Street 'G'

The Owner shall construct a 1.5 metre (5') sidewalk o one side of the following streets:

i) Street 'C' -south and east boulevard ii) Street 'E - north, south and east boulevards iii) Street 'F' - south boulevard iv) Street 'H' - inside boulevard

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39T-05511102-6977 A. MacLean

v) vi)

Street ' H - abutting Blocks 21,22,23 and 24 Sunningdale Road West - south boulevard, along entire frontage of plan

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The Owner shall provide sidewalk links from Street 'H' to the proposed sidewalk on Sunningdale Road West. Breaks in the 0.3 mere reserve are to be identified on the survey plan when submitted to the City of London in accordance with the City of London Window Street Guidelines.

The Owner shall ensure that the pedestrian walkways are constructed to the "City Standard for Pedestrian Walkways", including lighting if necessary, in accordance with City requirements and standards.

As part of the Design Studies submission, the Owner shall submit a transportation study in accordance with the Transportation Impact Study Guideline to deternine the impact of this development on the abutting arterial roads to the satisfaction of the City Engineer, Prior to undertaking this study, the Owner shall contact the Transportation Planning and Design Division regarding the scope and requirements of this study. The Owner shall undertake any recommendations of the study as required by the City Engineer, to the satisfaction of the City Engineer and at no cost to the City.

Prior to any work on the site the Owner shall install signage advising construction traffic that loads on Sunningdale Road West are restricted to a maximum weight of five (5) tonnes per axle for any vehicle traveling on this road during the period March 1 to April 30, inclusive, in any year.

The Owner shall install street lighting along Sunningdale Road West from the east limit to the west limit of the plan of subdivision to the satisfaction of the City Engineer.

The Owner shall dedicate sufficient land to widen Sunningdale Road West to 18.0 metres (59.06) from the centerline of the original road allowance.

The Owner shall ensure that no vehicular access is permitted to Blocks 3 and 20 directly from Sunningdale Road West. All vehicular access is to be via the internal subdivision streets.

The Owner shall install the following traffic calming measures along the secondary collector road network:

a) curb extensions along the east side of Street 'B' with the parking bay removed for utilities (fire hydrants) and for transit stop locations as defined by the London Transit Commission.

b) Curb extensions along the north side of Street 'G with the parking bay removed for utilities (fire hydrants) and for transit stop locations as defined by the London Transit Commission.

c) Reduced curb radii (5.0 m) on the inbound approach to all local road intersecting Street '8' and Street 'G'

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.

65. The Owner shall provide sufficient land for and construct a roundabout at the intersection of Street 'E', Street 'G' and Street 'H' in accordance with City standards. The Owner shall ensure that driveways for lots that abut the roundabout are located in accordance with the EESD Design Specifications and Requirements Manual. The Owner shall install street lighting at this intersection to the satisfaction of the City

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39T-05511102-6977 A. MacLean

Engineer.

66.

67.

68.

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95.

96.

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99.

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The Owner shall direct all construction traffic associated with this draft plan of subdivision to utilize Sunningdale Road West or other routes as designated by the City Engineer.

The Owner shall ensure any emergency access is satisfactory to 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 required to accommodate development, the Owner shall locate, construct, maintain and close the access to the satisfaction of the City Engineer. If it is necessary to locate this access onto Sunningdale Road West, the Owner shall ensure that it wiW be restricted to emergency vehicle use only.

In the event any work is undertaken on an existing street, the Owner shall establish and maintain a Traffic Management Plan (TMP) in conformance with City guidelines and to the satisfaction of the City Engineer for any construction activity that will occur on existing public roadways. The Owner shall have it’s contractor(s) undertake the work within the prescribed operational constraints of the TMP. The TMP will be submitted in conjunction with the subdivision servicing drawings for this plan of subdivision.

The Owner shall construct a temporary turning facility for vehicles, if directed by the City Engineer, at the following locations:

i) Street ‘C‘ - south limit ii) Street ‘E - south limit iii) Street ‘G -west limit

to the specifications of the City Engineer.

Planninq

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The Owner shall obtain all necessary permits from the UTRCA prior to the commencement of any soil disturbance within the regulated area under the jurisdiction of the UTRCA.

All lotslblocks abutting park blocks shall be fenced with 1.5meter high chain link fence as per current City standards. Fencing shall be completed to the satisfaction of the Manager of Parks Planning and Design within one (1) year of registration of the plan of subdivision.

All lotslblocks abutting Open Space blocks used primarily for stormwater management facilities and or conveyance systems shall be monumented as per City standards and to the satisfaction of the City Engineer. Further, the subdivision agreement shall include a clause that should the property owner desire to construct a fence at the interface with the Open Space SWM blocks, fencing shall be limited to black 1.5meter high chain link fencing.

All park blocks shall be sufficiently protected from sediment throughout the construction period. A sediment barrier shall be established along the park block limits to the satisfaction of EESD and Parks Planning and Design.

No grading shall occur within proposed park blocks except where determined to be appropriate by the Manager of Parks Planning and Design.

The Owner shall convey the redline amended access blocks, Block 28 and Block 29 as indicated on the attached draft plan for park purposes to satisfy the parkland dedication for this draft plan. An overdedication of 0.07 +- ha. must be purchased by the City at a

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39T-05511102-6977 A. MacLean

rate of $370,500 per hectare.

Within one (1) year of registration of the plan, the Owner shall prepare and deliver to all homeowners adjacent to the open space, and education package which explains the stewardship of natural area, the value of existing tree cover, and the protection and utilization of the grading and drainage pattern on these lots. The educational package shall be prepared to the satisfaction of General Manager of Planning and Development.

Prior to any work on the site, the Owner shall have a Tree Preservation Report and Plan prepared for lands within the proposed dran plan of subdivision. Tree preservation shall be established prior to gradinglservicing design to accommodate maximum tree preservation. The Tree Preservation Repod and Plan shall focus on the preservation of quality specimen trees within Lots and Blocks and shall be completed in accordance with the current City of London Guidelines for the preparation of Tree Preservation Reports and Tree Preservation Plans to the satisfaction of the General Manager of Planning and Development. The Owner shall incorporate the approved Tree Preservation Plan on the accepted grading plans.

101.

102.

103. Prior to the submission of Engineering Drawings, the Owner shall submit for approval an on-street parking Plan (if necessary), whereby one on street parking space for each two dwelling units is to be used as the basis fofi the design, to the satisfaction of the General Manager of Planning and Development. The approved parking plan required for each registered phase of development and will form part of the subdivision agreement for the registered plan.

As part of the Design Studies submission,lhe Owner shall submit a plan to the Approval Authority proposing the lotting pattern for all residential Blocks, which shall be consistent with the approved zoning for these blocks and acceptable to the General Manager of Planning and Development. The lotting plan shall also provide for lots which front Sunningdale Road for Blocks 4, 21, 23, 24, and 25. The accepted lotting pattern shall be reflected on the final registered plan.

Within one (1) year of registration of the plan, the Owner shall prepare and deliver to all homeowners an education package which advises potential purchasers of the ongoing agricultural activities occurring in the vicinity. The educational package shall be prepared to the satisfadion of General Manager of Planning and Development.

Prior to submission of engineering drawings, the Owner shall have a qualified acoustical consultant prepare a noise study concerning the impact of traffic noise between Blocks abutting Sunningdale Road which conside:s noise abatement measures that preclude the use of a continuous noise wall. The approved noise abatement measures are to be applied in accordance with the requirements of the M.O.E. and the City Official Plan policy to be reviewed and accepted b j the General Manager of Planning and Development. The final accepted recommendations shall be constructed or installed by the Owner or may be incorporated into the subdivision agreement.

As part of the Design Studies submission, the Owner shall have its geotechnical engineer provide, in accordance with the latest “Guidelines for Use at Contaminated Sites in Ontario” established by the Ministry of Environment, a report containing “Schedule A - Record of Site Condition” including “Affidavit Of COnSUkant” which‘ summarizes the site assessment and restoration activities carried out at a contaminated site up to the property line. The City may require a copy of the report should there be City property adjacent to the subdivision. Should the site be free Of Contamination, the geotechnical engineer shall provide certification to this effect to the city.

The Owner agrees to register on title and include in all Purchase and Sale Agreements the requirement that the homes to be designed and constructed On Corner lots abutting the collector road in this Plan, are required to have a side entry garage, with driveway access from Street “A’, a main entry of the home which fronts the Collector road and limited chain link or decorative fencing along no more than 50% Of the exterior sideyard

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104.

105.

106.

107.

108,

39T-05511/02-6977 A. MacLean

abutting the collector road. Further, the owner shall obtain approval of their proposed design from the General Manager of Planning and Development prior to any submission of an application for a building permit for corner lots with an exterior sideyard abutting the collector road in this Plan.

General Conditions i

85. Prior to Final Approval, the Owner shall make arrangements with the affected property owner@) for the construction of any portions, of services situated on private lands outside this plan, and shall provide satisfactory easements over the sewers as necessary, all to the specifications of the City Engineer.

In the event that relotting of the plan is undertaken after the City's acceptance of engineering drawings, the Owner shall relocate and construct services to standard location, all to the specifications and satisfaction of the City Engineer.

In the event the draft plan develops in phases, upon registration of any phase of this subdivision, the Owner shall provide land andlor easements along the routing of services which are necessary to service upstream lands outside of this draft plan to the limit of the plan.

Prior to the issuance of a Certificate of Conditional Approval for each construction stage of this subdivision, all servicing works for the stabe must be completed and operational, all to the specifcation and satisfaction of the City Engineer.

The Owner shall have the common property line of Sunningdale Road West graded in accordance with the City of London Standard:: ,"Subdivision Grading Along Arterial Roads" at no cost to the City, except as permitted otherwise by the Urban Works Reserve Fund By-law.

Further, the grades to be taken as the centerline line grades on Sunningdale Road West are the future centerline of road grades as determined by the Owner's professional engineer satisfactory to 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, all to the satisfaction bf the City Engineer.

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:

86.

87.

88.

. ,

89.

90.

In the event discharge is to unassumed services, the unassumed services must be completed and Conditionally Accepted by the City; The Owner must provide a video inspection on all affected unassumed sewers;

i)

ii)

Any damages caused by the connection to unassumed services shall be the responsibility of the Owner.

The Owner shatl pay a proportional share of the operational, maintenance andlor monitoring costs of any affected unassumed sewers or SWM facilities (if applicable) to third parties that have constructed the services andlor facilities, to which the Owner is connecting. The above-noted proportional share Of the Cost shall be based on contributing flows for sewers or on storage VO!Ume 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

57

91.

connections to the existing unassumed services; and

39T-05511102-6977 A. Maclean

I

ii) continue until the time of assumption of the affected services by the City.

92. Wfih 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.

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, the Owner shall report these deposits to the City Engineer and Chief Building Official immediately, and if required by the City Engineer and Chief Building Official, the Owner shall, at his own expense, retain a professional engineer competent in the field of methane gas to investigate these deposits and submit a full report on them to the City Engineer and Chief Building Official. Should the report indicate the presence of methane gas then all of the recommendations of the engineer contained in any such report submitted to the City Engineer and Chief Building Official shall be implemented and carried out under the supervision of the professional engineer, to the satisfaction of the City Engineer and Chief Building Official and at the expense of the Owner, 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.

93.

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.

In conjunction with the Design Studies submission, the Owner shall have its professional engineer provide an opinion for the need for an Environmental Assessment under the Class EA requirements for the provision of any services related to this plan. All class EA'S must be completed prior to the submission of engineering drawings.

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 not commence construction or installations of any services including clearing or servicing of land within this plan prior to 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 City in writing; (eg. Ministry of the Environment Certificates; City/Ministry/Govemment permits: Approved Works, water connection, water-taking, crown Land, navigable waterways; approvals: Upper Thames River Conservation Authority, Ministry of Natural Resources, Ministry of Environment, City; etc.)

If this plan is developed in phases and any temporary measures are required, these temporary measures shall be constructed to the specifications and satisfaction of the City Engineer, at no cost to the City.

All costs related to the plan of subdivision shall be at the expense of the Owner, unless specifically stated otherwise in this approval.

The Owner shall remove any temporary works when no longer required and restore the land, at no cost to the City, to the specifications and satisfaction of the City Engineer.

94.

95.

96.

97.

98.

99.

58

39T-05511lOZ-6977 A. Maclean

APPENDIX “C“

Bill NO. (number to be inserted by C ~ W S om=) insert year

By-law No. Z.-1-09

A by-law to amend By-law No. 2.-1 to rezone ,an area of land located at 11 96 Sunningdale Road West,

WHEREAS Clarke Family Holdings c/o Landea Developments Inc. have applied to rezone an area of land located at 11 96 Sunningdale Road West, as shown on the map attached to this by-law, as set out below;

AND WHEREAS upon approval of Official Plan Amendment Number (number IO be inserted by Clerk’s Miice) this rezoning Will Conform to the Official Plan;

THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows:

Schedule “A“ to By-law No. 2.-I is amended by changing the zoning applicable to lands located at 1196 Sunningdale Road West, as shown on the attached map comprising part of Key Map No. 2, from an Urban Reserve (UR3) Zone; a Holding Urban Reserve (h-17 UR5) Zone and an Open Space (OSI) Zone to:

*a Holding Residential R I (h. h-54 h-100 R1-13) Zone; a Holding Residential R I (h. h-I00 R1-13) Zone;

-a Holding Residential R1 Special Provision (h. h-100 R1-3(8)) Zone; *a Holding Residential R1 (h. h-I00 R1-4) Zone; -An Open Space (OSI) Zone, and -an Open Space (OS4) Zone.

1) Section 4.21 “ROAD ALLOWANCE REQUIREMENTS - SPECIFIC ROADS” is amended by adding the following streets:

Street From To Street Limit of Rd. Classificatlon Allowance

(Measured from Centrellne)

Street “ 6 south limit of Buroak Drive Secondary Collector 10.75rn(35.3ft) draft plan of draft plan (39T-05511) (39T-05511)

Buroak Drive west limit of east limit Secondary Collector 10.75m(35.3ft) draft plan of draft plan (39T-05511) (391-0551 1)

34

39T-05511102-6977 A. Maclean

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 Insert date of Council rneekng.

Anne Marie DeCicco-Best Mayor

Linda Rowe Acting City Clerk

First Reading - Insert date of Council meeeting Second Reading - Insert date of Council meeting Third Reading - Insert date of Council meeting

35

A W NO. 2-1)

Y-

8 * I \ * A ,

l*A*l’’, ANNEXED AREA APF~ALED AREAS ’,,$ ’*: ’* . . .

File Number: 02-69 7/39T-05511

Date Prepared: 200 /I 1/20

Planner: AM

Technician: CK

By-Law No: 2.4-

I I

SUBJECT SITE p74

+F- SCALE 1:6500

100 0 100 Meters -