Agenda Item # Page # r----lrl

Tn. CHAIR AND MEMBERS

!I PLANNING COMMllTEE I V.

FROM:

SUBJECT

R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT APPLICATION B Y WESTFIELD VILLAGE ESTATES INC.

849,857 AND 879 SOUTHDALE ROAD WEST and CITY OF LONDON

909 SOUTHDALE ROAD W PUBLIC PARTICIPATION MEETING ON

July 9, 2007 @ 500 P.M.

RECOMMENDATION I .

That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the application of Westfield Village Estates Inc. relating to the properties located at 849, 857 and 879 Southdale Road West; and based on a City review of the property located at 909 Southdale Road W for changes to the Community Plan and Official Plan:

(a) the following amendments to the North Talbot Community Plan be approved at the Municipal Council meeting on July 16, 2007, as shown on the attached Revised North Talbot Community Plan Land Use Plan as Appendix " A :

i) expand the Community Shopping Area commercial land use on the north-west portion of 879 Southdale Road W extending to the west limit of 909 Southdale Road W.

change the lowlmedium density residential land use on the south side of Southdale Road W extending from the Community Shopping Area commercial use to Tillmann Road, including the property at 909 Southdale Road W.

(b) the proposed by-law attached hereto as Appendix "B" BE INTRODUCED at the Municipal Council meeting on July 16, 2007 to amend the Official Plan to change the designation on the north portion of the subject lands and 909 Southdale Road W from Low Density Residential to Multi-family, High Density Residential; the north-west portion of the subject lands from Low Density Residential to Community Shopping Area; to change the designation of the subject lands east of Tillmann Road from Low Density Residential to Multi-family, Medium Density Residential; and change Section 3.5.12 of the Official Plan Special Policy to add a reference to recognize lands designated Multi- family, High Density Residential;

the Approval Authority BE REQUESTED to approve the redline amended draft plan of residential subdivision, as submitted by Westfield Village Estates Inc. (File No. 39T- 07501 prepared by Eng Plus (Project No. 05.074, dated August 18, 2006 and revised May 29, 2007), which shows 131 single detached residential lots, one multi-family, medium density block, one officelresidentiallconvenience commercial block, and one commercial block, served by two new streets and two street extensions (Pomeroy Lane and Tillmann Road) SUBJECT TO the conditions contained in the attached Appendix

the Draft Approval of the residential plan of subdivision as submitted by Westfield Village Estates Inc. and revised on May 29, 2007 (File No. 39T-07501) BE APPROVED, SUBJECT TO the City's conditions contained in the attached Appendix "39T-07501-2";

the request to amend Zoning By-law No. Z.-1 to change the zoning of the subject property to a Residential R1 (RI-3) Zone, Residential R3 (R3-1) Zone, a Residential R4 (R4-6) Zone, a Restricted OfficeIResidential RIOIConvenience Commercial (R02lRIO- 1ICC6) Zone, a Residential R10 (RlO-I.Dl75.D44) Zone, and Commercial Shopping Area (CSA3) Zone BE REFUSED.

ii)

(c)

"39T-07501-1 'I;

(d)

(e)

1

Agenda Item # Page # mm

H.McNeely139T-0750110Z-679510-7380

(f) the proposed by-law attached hereto as Appendix " C BE INTRODUCED at the Municipal Council meeting on July 16, 2007 to amend Zoning By-law No. Z.-1 (in conformity with the Official Plan, as amended in part (a) above) to change the zoning of the subject property FROM an Urban Reserve (URI) Zone which protects large tracts of land from premature subdivision and development and regulates existing uses on lands TO a Holding Residential R1 (h.R1-13) Zone to permit small-lot single detached dwellings with 9 metre lot frontages; a Holding Residential R1 (h.h-63.R1-13) Zone; a Holding Residential R1 Special Provision (h.Rl-3(7)) Zone to permit single detached dwellings with 11 metre lot frontages; a Holding Residential R4 Special Provision (h. h- 56. h-( ). R4-6 (6)) Zone to permit street townhouses with a reduced front yard depth of 4.5 metres for main dwellings to the secondary collector road; a Holding Restricted OfficelResidential RS/Convenience Commercial (h.h-5.h-53. h-55. h-56.R02/R9- 7.H40KC6) Zone to permit a range of office uses, apartment buildings and convenience commercial uses at a maximum density of 150 units per hectare and a maximum height of 40 metres; a Holding Residential R9 (h.h-5.h-53.h-55.h-56 R9-7.H40) Zone to permit apartment buildings at a maximum density of 150 units per hectare and a maximum height of 40 metres; and a Holding Community Shopping Area (h. h-55. h-( ).CSA3) Zone to permit a range of community scale, commercial retail and service uses, as well as some office uses.

a demolition permit BE ISSUED to Westfield Village Estates Inc. for the demolition of the residential buildings located at 849 and 857 Southdale Road W.. It is also recommended a demolition permit be issued to the property owner of 909 Southdale Road W at such time as the property is redeveloped for residential uses.

(9)

IT BEING NOTED THAT holding (h, h-5, h-53, h-55, h-56, h-63 and h-( )) symbols are recommended in part (9 above to ensure orderly development of lands and adequate provision of municipal services; to require public site plan review for the high density residential blocks; to encourage street oriented development and discourage use of noise walls along Southdale Road W; to require a traffic impact study and access management plan for Southdale Road W; to require a noise studies for road noise generated from Southdale Road and to address potential noise impacts of the abutting commercial use on the proposed residential development; and to ensure the identified blocks are developed with adjacent lands.

IT BEING FURTHER NOTED THAT:

The Westfield Village Estates Subdivision is dependent for servicing outlets on the proposed sanitary and stormwater trunks and stormwater facility in Phase 2 of the Talbot Village Subdivision south of these lands. These facilities have not been constructed to date.

Should the Owner choose to proceed in advance of Talbot Village, he will be responsible for gaining all approvals and constructing all necessary servicing links through the lands to the south. This construction would result in significant claims to the Urban Works Reserve Fund noting that the Urban Works Reserve Fund is currently experiencing a serious backlog regarding payment of claims resulting in substantial waiting times.

In addition to the claimable works discussed above, this plan is dependent on the temporary Talbot pump station and the conveyance requirements to temporarily direct the sanitary flows to Oxford. Pump station upgrades may be required. These upgrades may be paid for under a future area rating by-law.

Conveyance upgrades are required.

2

Agenda Item # Page # r-7---

(h) the applicant BE ADVISED that the General Manager of Environmental & Engineering Services & City Engineer has projected the following claims and revenues information:

JTE .~ 1) THIS SUBOlVlSlON RELIES ON SIGNIFICANT STORM AN0 SANITARY TRUNKS STORMWATER FACILITIES

THAT HAVE YET TO BE CONSTRUCTED EXTERNAL TO THIS PLAN IN THE FUTURE PHASE 2 OF THE TALBOT VILLAGE SUBOlVlSlON IF THE OWNER PROCEEDS IN ADVANCE OF PhASE 2 TALBOT. THE ABOVE CLAIMS ESTIMATES WILL BE SIGNIFICANTLY HIGHER

ESTIMATES ARE CALCULATED USING CURRENT RATES AN0 THE INFORMATION IS REPORTED ALL IN ACCORDANCE WITH THE DEVELOPMENT CHARGES AND URBAN WORKS FUND BY-LAW (IE. C.P.-1440-167). AN0 ANY AMENDMENTS THERETO. ANY CLAlM PAYMENT FROM THE URBAN WORKS RESERVE FUND WILL BE IN ACCORDANCE WITH BY-LAW NO. C.P.-1440-167 AND AS APPROVED BY THE CITY ENGINEER,

2)

3) ESTIMATES ARE BASEO ON INFORMATION PROVIDED BY THE APPLICANT AND ARE PROVIDED FOR INFORMATION PURPOSES ONLY. THEY DO NOT CONSTITUTE ANY COMMITMENTS ON BEHALF OF THE CITY OF LONDON. ACTUAL CLAIMS WILL BE DETERMINED IN CONJUNCTION WITH THE SUBOlVlSlON AGREEMENT AND THE BY-WWS. ACTUAL REVENUES ARE DETERMINED IN CONJUNCTION WITH BUILDING PERMITS AND THE BY-LAWS AT THAT TIME.

THE OWNER SHOULD TAKE NOTE THAT THERE IS CURRENTLY A DELAY IN PAYMENT OF CLAIMS FROM THE URBAN WORKS RESERVE FUND. THERE IS POTENTIAL FOR SIGNIFICANT DELAYS IN PAYMENT ON UWRF CLAIMS AT THIS TIME.

4)

5 ) THE ABOVE CLAlMSlREVENUES ARE BASEO ON ESTMATES USING CURRENT UWRF RULES. FURTHER ESTMATEO CLAlMSlREVENUES BASED ON ANTICIPATED FUTURE RULES MAY VARY SUBSTAhTIALLY.

~ ~~ ~ ~ ~ ~

The subject of this proposal is to permit the development of a residential plan of subdivision comprising a mix of single detached lots, multi-family cluster residential, an apartment building with office and convenience commercial uses, and a community shopping area, served by an internal road system and the extension of Pomeroy Lane and Tillmann Road. The corresponding Official Plan and zoning amendment applications have been submitted to permit the proposed uses.

PREVIOUS REPORTS PERTINENT TO THIS MATTER

May 8, 2006 - Planning Report to Planning Committee recommending that the requested Zoning and Official Plan amendment be referred to City staff for further review (File No. OZ- 6795).

August 21, 2006 - Planning Report to Planning Committee recommending that the applicant's request to amend the Official Plan designation and zoning on the subject lands (File No. OZ- 6795) be deferred and that the applicant be requested to submit a plan of subdivision application.

3

DEPARTMENT OF PLANNING AND DEVELOPMENT I

Topoaraphic lnformauon Dale: April 2005

PREPARED BY: Oraphle 6 lnformaUon SBIvl,

849,857 & 879 Southdale Rd W

39T-07501 HM

?

FILE N O 0 Subject Site n Parcels 0 Buildings

.:.' "j.. ,.,:' Under Review ij Water

,,''.. ,,' Draft Approved MAP PREPARED:

2007.05.25//06.21/22 CWCMI- I I ,

~

1 :6500 60 0 50 MBbm -

~ . , , ,

Agenda Item # Page #

Date Application Accepted: January 2,2007

11 RATIONALE

Agent Westfield Village Estates Inc. (Agent: Jack Davis)

1. The recommended change to the North Talbot Community Plan Land Use Plan for the lands fronting Southdale Road W from Low Density Residential to High Density Residential and Community Shopping Area is consistent with the 2005 Provincial Policy Statement which encourages new development that is adjacent to the existing built-up area and contributes to compact form, and provides a mix of uses and range of housing types and densities that allow for the efficient use of land, infrastructure and public transit. Also, the proposed high density residential use is sufficiently separated from the Mixed Use areas proposed in the North Talbot Community Plan; therefore, the addition of HDR should not impact the mixed use areas in the central core of the community plan. The intended focus of the two types of uses is sufficiently different that the 'mixed use area' should not be negatively impacted.

2. The recommended Official Plan amendment, Draft Plan of Subdivision and Zoning By- law amendment are consistent with the Official Plan; the North Talbot Community Plan, as revised, and associated North Talbot Design Guidelines; and the 2005 Provincial Policy Statement

3. The recommended Official Plan amendment will maintain a commercial node configuration at the south-east intersection of Colonel Talbot Road and Southdale Road W, and the Official Plan policies support an increase in residential density along arterial roads.

4. Conditions of draft approval and holding provision will ensure that the subdivision is developed with full municipal services (sanitary, storm and water).

5. Conditions of draft approval and holding provision will address the requirements for any alterations to the Class F Drain in accordance with Section 35 of the Federal Fisheries Act and the Provincial Policy Statement, to the satisfaction of the applicable SWM agencies including the City, Ministry of Environment, and the Upper Thames River Conservation Authority.

5

Agenda item # Page # r---

~

SITE CHARACTERISTICS:

0

Shape - Irregular

Current Land Use - ResidentiallAgriculturallCommercial (Pet Motel)

Frontage - approx. 454 metres (1491 feet)

Depth - 240 metres (787 feet) - average

Area - 12.1 hectares (29.9 acres)

r

Possible Amendment to Zoning By-law No. Z.-1 to change the zoning of the subject property from an Urban Reserve (URI) Zone to a Residential R1 (RI-3) Zone, Residential R3 (R3-1) Zone, Residential R4 (R4-6) Zone, Restricted Office/Residential R1 O/Convenience Commercial (R02lRIO-l/CC6) Zone, Residential R10 (R10-1 .D175.H44) Zone, and Community Shopping Area (CSA3) Zone to permit single detached, semi-detached, duplex, triplex and fourplex dwellings; street townhouse dwellings; apartment buildings, lodging house class 2, senior citizens and handicapped persons apartment buildings, continuum-of-care facilities; and a broad range of convenience service establishments, commercial and office uses.

The City is also considering an amendment to Zoning By-law Z.-1 to apply a holding (h) provision across the subject lands. The holding provision is to ensure the orderly development of lands and the adequate provision of municipal services.

~ ~ ~~ ~ ~

SURROUNDING LAND USES: North - residential plan of subdivision - under development (33M-531)/registered plans

of subdivision - developed (33M-428, 33M-409, 33M-411)

South - registered plan of subdivision - under development (33M-458, 33M-494 and 33M-562)/ Phase 2 (39T-00514)

East - currently residential land (with a portion being farmed); proposed plan of subdivision application submitted to the City - seeking draft approval (39T-06511)

0 West - Under construction for commercial development (39T-00514)

OFFICIAL PLAN DESIGNATION: (refer to Official Plan map)

EXISTING ZONING: (refer to Zoning map)

Low Density Residential

Urban Reserve (URI) Zone

PLANNING HISTORY I1 The subject lands are located within the North Talbot Community Planning Area. The North Talbot Community Plan was approved by Council on December 20, 1999. This plan provides guidance for the development of lands in this area.

The lands within the North Talbot Community Planning area are delineated by the former City boundary to the north, Bostwick Road to the east, Pack Road to the south, and Colonel Talbot Road to the west (refer to Area Plan map). The planning area, comprising 240 hectares (593

6

I I I I' I

LEGEND

DOWNTOWN AREA

REGIONAL SHOPPING AREA

COMMUNITY SHOPPING AREA

NEIGHBOURHDOD SHOPPING AREA

ASSOCIATED SHOPPING AREA COMMERCIAL

BUSINESS DISTRICT

ARTERIAL MIXED USE DISTRICT

HIGHWAY SERVICE COMMERCIAL

RESTRICTEDMIGWAY SERVICE COMMERCIAL

RESTRICED SERVICE COMMERCIAL

COMMERCIAL POLICY AREA

MULTI -FAMILY, HIGH DENSITY RESIDENTIAL

MULTI -FAMILY MEDIUM DENSrrY RESIDENTIAL

LOW DENSITY RESIDENTIAL

0 DEFERRED AREAS

--I AREAS L, .a UNDER APPEAL OFFICE AREA

OFFlCElRESlDENTlAL

OFFICE BUSINESS PARK

GENERAL INDUSTRIAL

LIGHT INDUSTRIAL

REGIONAL FACILITY

COMMUNITY FACILITY

OPEN SPACE

URBAN RESERVE - COMMUNITY G R O W

URBAN RESERVE - INDUSTRIAL G R O W

RURAL SF17'LEMENT

ENVIRONMENTAL REVIEW

AGRICULTURE

U R B A N G R O W B O U N D A W

THIS IS AN EXCERPT FROM M E PLANNING DIVISION'S WORKING CONSOLIDATION OFSCHEDULE A TO THE CITY OF LONDON OFFICIAL PLAN. WITH ADDED NOTATIONS

FILE NO.

39T-07501 HM CITY OF LONDON DEPARTMENT OFPLANNINGANDDEVELO~NT

MAP PREPARED

OFFICIAL PLAN SCHEDULE A - LAND USE

May 25,2007

w*s ItTFEFsT

LEGEND DEFERRED AREAS

NATURAL HERITAGE SYSTEM ESA'S

...... ..--.. ...... WTENTIALESA'S

NATURAL HAZARDS N FLOODLINES

'NOTE. Flood lines shown on this map are approximate. The precise delineation of flood plain mapping Is available from the Conservation authority having jurisdiction.

FLOOD FRINGE *NOTE* Flood Fringe mapping for certain areas of the city is 8vailablafrm the U p p n T h m e s River Conservation Authorit,

VEGETATION PATCHES OUTSIDE ESA'S AND WETLANDS

RIVERSTREAM AND RAVINE CORRIDORS OUTSIDE ,'"\," IWYEAR EROSION LINE OF FLOOD PLAIN REGULATED CORRIDORS

WETLANDS CLASS 1 - 3 WETLANDS CLASS 4-7

/"\\," flLLLlNES

POTENTIALSPECIAL POLICY AREAS

- j- GROUND WATER RECHARGE AREAS NATURAL RESOURCES

WOODLANDS v& EXTRACTIVE INDUSTRIAL

AGGREGATE RESOURCE AREAS

ABANDONED OIUGAS WELLS A, POTENTIAL NATURALIZATION AREAS AND

UPLAND CORRIDORS

THIS IS AN EXCERFT FROM THE PLANNING DIVISION'S WORKING CONSOLIDATION OFSCHEDULE B TO THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS

I I FILENO.

CITY OF LONDON DEPARTMENT OF PLANNINGANDDEVELJOPMENT

I OFFICIAL PLAN

39T-07501

May 25,2007 CK *A: 606 I SCHEDULE B - FLOOD PLAIN AND

ENVIRONMENTAL FEATURES I SCALE t30.000 PREPARED By: G~aphics & lnfnmation Sawices

AML LOCATION \\clfilel\GlsWork\Dlanninn\Droie~\u o f f i ~ a l ~ l a n \ w o r k c o n s o l O O \ ~ c ~ r u t s \ ~ m l ~ \ s ~ b c o l ~ ~ ~ ~ m l

:....a DEFERRED AREAS LEGEND +... I

ROAD CLASSIFICATION PROPOSED ROAD CORRIDOR

OFFICIAL PLAN SCHEDULE C - TRANSPORTATION

CORRIDORS PREPARE0 W: Graphics .% Intormition Services

e FREEWAYS

/2) ARTERIAL

/c/ PRIMARY COLLECTOR

SECONDARY COLLECTOR

May 25,2007 CK

P 1500 rn 0 Ma 1003

SCALE 1:30,000

* * e * PROPOSED EXPRESSWAY sa *' PROPOSEDFREEWAYS ** 94i #.*+ #.. PROPOSED AAlFRlAL + e ,/".,.." PROPOSED PRIMARY COLLECTOR

..*'.. .* PROWSELlSECONOARYCOLLEtTOR .*

momsEo INTERCHANGE 0

THIS IS AN EXCERPT FROM THE PLANNING OIVISION'S WORKING CONSOLIOATION OFSCHEOULE C TO THE CITY OF LONDON OFFICIAL PLAN, WITH AODEO NOTATIONS

CITY OF LONDON DEPARTMENT O F ~ G A N D D E V E L O P M E N T

FILE NO

COUNCIL APPROVED ZONING FORTHE SUBJECT SITE: URI OR ~ OFFlCElRESlDENTlAL OC -OFFICE CONVERSION RO .RESTRICTED OFFICE OF -OFFICE

1) LEGEND FORZONING BY-LAWZ-1

__ ._ _ _

FILE NO. 39T-07501 HM

2007/05/25 CK

CITY OF LONDON MAP PREPARED.

DEPARTMENT OF PLANNING AND DEVELOPMENT

1 :6500

0 100 Meters - @ ZONING

SCHEDULE A

BY-LAW NO. 2.-I

THIS MAP IS AN UNOFFICIAL EXTRACT FROM THE ZONING BY-LAW WITH ADDED NOTATIONS i

R1 -SINGLE DETACHED DWELLINGS R2 - SINGLE AN0 TWO UNIT DWELLINGS R3 -SINGLE TO FOUR UNIT DWELLINGS R4 -STREET TOWNHOUSE R5 - CLUSTER TOWNHOUSE R6 - CLUSTER HOUSING ALL FORMS R7 -SENIORS riOUSlNG R8 -MEDIUM DENSlTYlLOW RISE APTS. R9 . MEDIUM TO H l t l i DENSIM APTS. R10 .HIGH DEhSlTYAPARTMENTS R11 -LODGING HOUSE

_. . - - . . . . . - . . . . . .. ._ . RSA -REGIONAL SrlOPPlNG AREA CSA -COMMUNITY SHOPPING AREA NSA - NEIGHBOURHOOD SHOPPING AREA BDC -BUSINESS DISTRICT COMMERCIAL AC -ARTERIAL COMMERCIAL . . ~ .. ~ ~~

HS - HIGHWAY SERVICECOMMERCIAL RSC -RESTRICTED SERVICE COMMERCIAL CC - CONVENIENCE COMMERCIAL SS .AUTOMOBILE SERVICE STATION ASA -ASSOCIATED SHOPPING AREA COMMERCIAL

ANNEXED AREA APPEALED AREAS ...*

RF - REGIONAL FACILITY CF - COMMUNITY FACILITY NF - NEIGHBOURHOOD FACILITY HER ~ HERITAGE DC -DAYCARE

OS -OPEN SPACE CR -COMMERCIAL RECREATION ER -ENVIRONMENTAL REVIEW

OB -OFFICE BUSINESS PARK LI - LIGHT INDUSTRIAL GI -GENERAL INDUSTRIAL HI - HEAVY INDUSTRIAL EX -RESOURCE EXTRACTIVE UR -URBAN RESERVE

AG -AGRICULTURAL AGC ~ AGRICULTURAL COMMERCIAL RRC .RURAL SETTLEMENT COMMERCIAL TGS -TEMPORARY GARDEN SUITE

'h" -HOLDING SYMBOL "D" -DENSITY SYMBOL 'H' -HEIGHT SYMBOL 'B' -RONUS SYMBOIL . ~ ~ . _ "? ~ TEMPORARY USE SYMBOI

Agenda Item # Page # n r - - - - -

H.McNeely/39T-07501/0Z-6795/0-7380

acres) of land, was primarily in agricultural use and included a 3.5 hectare organic deciduous swamp located in the south-central portion of the study area.

On May 15, 2006 and August 28, 2006, Municipal Council considered two Planning Reports on an Official Plan and Zoning By-law amendments for the subject site. On May 15, 2006, City Council referred the Official Plan and Zoning By-law Amendment application back to staff to review the applicant's amended plan and report back at a future meeting of the Planning Committee. Subsequently, on the August 28, 2006, Council deferred the request to amend the Official Plan and Zoning By-law Z.-1 until such time as the applicant submitted an application for draft plan of subdivision.

The abutting properties to the south of the subject lands, extending south to Pack Road consist of a residential plan of subdivision (39T-00514 Speyside East Corporation); three phases of the plan have been registered (33M-458, 33M-494, 33M-562). A subdivision application has been submitted to the City for review for the lands abutting the subject lands to the east (39T-0651 I) , also owned by Speyside East Corporation.

SIGNIFICANT DEPARTMENT/AGENCY COMMENTS

Engineering and Environmental Services DeDarhent

Sanitary

There is currently no reserve capacity at the Oxford Pollution Control Plant for the proposed development, nor are there any existing sanitary sewers adjacent to this site. The Owner is required to provide municipal land/easements and construct the sanitary sewers in accordance with the approved Talbot Village Servicing plan. The ultimate sanitary sewer outlet for this subdivision is through the Phase 2 Talbot Village subdivision lands (39T-00514-2).

A general 'h' holding provision is recommended to ensure that the development proceeds with full municipal services. This holding provision will only be removed when the subdivision agreement is prepared, there is sanitary sewage treatment capacity available at the Oxford Pollution Control Plant, and all sanitary servicing arrangements have been entered into with the City to serve this site.

Storm Water

The Owner is required to connect the proposed storm sewer to serve this plan to the proposed stormwater management (SWM) works and related servicing which will discharge to the Dingman Creek. The ultimate outlet for the subject lands will be the Dingman Creek via the proposed Talbot Village Regional SWM Facility #2 and related servicing.

Water

The Owner is required to connect the proposed watermains to serve this plan to the existing municipal 400 mm (16) diameter water main on Southdale Road W at proposed Tillmann Road, and the existing municipal 600 mm (24") diameter water main on Southdale Road W at proposed Pomeroy Lane. The watermain system is required to be looped for development beyond 80 units.

Transportation

The Owner will be required to undertake a traffic impact study to review the internal road network and access to Southdale Road W, and provide an access management plan for Southdale Road W to show the integration of access for the commercial lands to the west of the subject site and 909 Southdale Road W should this property develop in the future. Holding provisions and conditions of draft approval are recommended to ensure the completion of the studies prior to the submission of engineering drawings. ,

12

Agenda Item # Page #

n r - 7 aa 3as

H.McNeely/39T-07501/02-6795/0-7380

Vehicular access to Blocks 132, 133, and 134 will not be permitted from Southdale Road W. The access arrangements shall be from the internal subdivision streets. A 0.3 metre reserve block is recommended as a red-line revision to the plan to restrict access on Southdale Road W.

The owner is required to construct a 1.5 metres (5’) sidewalk on both sides of streets Tillmann Road and on one side of Street ‘A and Pomeroy Lane. In addition the Owner is required to construct a sidewalk along the entire frontage of this plan on Southdale Road W, including the frontage of 909 Southdale Road W.

The owner is required to construct the traffic calming measures as a deterrent to discourage through traffic and excessive vehicle speeds. These measures include curb extensions along the west side of Tillmann Road and east side of Pomeroy Lane with the parking bay removed for utilities (fire hydrants) and for transit stop locations as defined by the London Transit Commission. The design and construction of these traffic calming measures are subject to the approval and satisfaction of the City Engineer.

Ministry of Municipal Affairs and Housing

The Ministry of Municipal Affairs and Housing (MMAH) has reviewed the proposed Draft Plan of Subdivision and Official Plan Amendment in light of the 2005 Provincial Policy Statement (PPS). The policies of the PPS are applicable to this matter and, under Section 3(5) of the Planning Act, the decision of Council in this regard must “be consistent with these policies.

“Section 1.1.3.1 of the PPS states that settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. The policies of Section 1.1.3.7 encourages new development in designated growth areas, should occur adjacent to existing built-up areas and have compact form, mix of uses and densities and allow for the efficient use of land. In accordance with the policies of Section 1.6.4 of the PES, there must be adequate sewage treatment and water supply available for the proposed development.

As the subject site is traversed by two surface water features that may include fish habitat, Section 2.2.1 requires planning authorities to protect, improve, or restore the quality and quantity of water by:

a) using the watershed as the ecologically meaningful scale for planning; b) minimizing potential negative impacts, including cross-jurisdictional and cross-

watershed impacts; c) identifying surface water features, ground water features, hydrologic functions and

natural heritage features and areas which are necessary for the ecological and hydrological integrity of the watershed;

d) implementing necessary restrictions on develdpment and site alteration to: 1. protect all municipal drinking wdter supplies and d.esignated vulnerable areas;

and 2. protect, improve or restore vulnerable surface and ground water, sensitive

surface water features and sensitive ground water features, and their hydrologic functions;

e) maintaining linkages and related functions among surface water features, ground water features, hydrologic functions and natural heritage features and areas;

9 promoting efficient and sustainable use of water resources, including practices for water conservation and sustaining water quality; and

g) ensuring stormwater management practices minimize stormwater volumes and contaminant loads, and maintain or increase the extent of vegetative and pervious surfaces.

Section 2.2.2 of the PPS states development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. Mitigative measures and/or alternative development approaches may be required in order to protect, improve or restore sensitive surface water features, sensitive groundwater features, and their hydrologic functions.

13

Agenda Item # Page # r - l r

H.McNeely1391-07501102-679510-7380

Section 2.1.5 states that development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requil'ements. Furthermore, Section 2.1.6 states that development and site alteration shall not be, permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.5 unless the ecological function of the adjacent lands has been evaluated and it ahs been demonstrated that there will be negative impacts on the natural features or on their ecological functions.

Based on this, MMAH staff note that an evaluation of the surface water features in relation to the proposal should be undertaken to ensure no negative impacts will occur to these features."

Uwer Thames River Conservation Authority

The subject property is affected by the Authority's Regulation Limit, specifically the riverine hazard allowance associated with the Class F Drain that crosses 879 Southdale Road West. The UTRCA controls development within the Regulation Limit in accordance with Ontario Regulation 157/06 made pursuant to Section 28 of the Conservation Authorities Act. This regulation requires the landowner to obtain written approval from the UTRCA prior to undertaking any works including filling, grading, construction or alteration to a watercourse in the regulated area.

The wetland feature located on the south side of Southdale Road West was not studied as part of the North Talbot Community Planning process given that it was not identified as a significant feature. As such, in light of the community plan process that has already been completed the UTRCA will not require an EIS for the stream corridor on the subject lands.

The UTRCA and Fisheries and Oceans Canada (DFO) approvals will be required for any alterations which are proposed to the drain in accordance with Section 35 of the federal Fisheries Act.

The UTRCA offers the following conditions of Draft Plan Approval:

1. That the applicant obtain the necessary permits from the UTRCA prior to any grading or

2. That the applicant obtains the necessary approval required for any alterations which are proposed to the Class F Drain that is located on the property in accordance with Section 35 of the Federal Fisheries Act.

earth moving activity taking place on the site.

London Hydro

"London Hydro has adequate 27.6kV aerial distribution in place along Southdale Road for this development. The applicant will be responsible for the cost associated with the relocation of any existing infrastructure as a result of this development.

The internal servicing of the development should present no foreseeable problems. The applicant will be responsible for the cost associated with the underground system expansion within the development, but may receive rebates from London Hydro based on connected load over a five year connection window.

London Hydro has no objection to the Zoning or Official Plan amendment applications. "

Union Gas

"Union Gas has a 12" diameter high pressure pipeline, in easement, within the scope of this development as proposed as part of this application. Union Gas encourages developers to incorporate pipeline easements into parkland and green-space. Union Gas also favours the use of its pipeline easements for recreational trails and is not in favour of incorporating easement land into individual lots.

Union Gas does not object to the proposed plan of subdivision provided that the matters listed in

14

Agenda item # Page # r - - - - - l n

H . McNeely139T-07501 /OZ-6795/0-7380

Schedule " A , attached to the letter dated February 20, 2007, are included in the conditions of draft approval, subdivision agreements between the developer and the municipality, and individual purchase agreements between the developer and future property owners, with wording that is acceptable to Union Gas. Union Gas also requires the owner to enter into any Union Gas Crossing or Adjacency Agreements that are deemed necessary in order to ensure that their designs are acceptable and ensure protection of this critical pipeline.

A minimum of 1.2 metres of cover shall be maintained over Union's pipeline and a minimum separation of 900 mm shall be required between Union's pipeline and any other services that may cross it.

As long as the above concerns are met, Union Gas is supportive of the proposed development within the subject lands. Union Gas will continue to work with the involved parties to determine a solution that is acceptable to all parties involved. "

Canada Post Corooration:

"The owner shall complete to the satisfaction of the Director of Engineering of the City of London and Canada Post:

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.

ii) that the developerslowners be responsible for officially notifying the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales.

b) the owner further agrees to:

i) work with Canada Post to determine 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) install a concrete pad in accordance with the requirements of, and in locations to be approved by, Canada Post to facilitate the placement of Community Mail Boxes.

iii) identify the pads above on the engineering servicing drawings. Said pads are to be poured at the time of the sidewalk andlor curb installation within each phase of the plan of subdivision.

iv) determine the location of all centralized 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@) 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. "

Thames Vallev District School Board

Planning Comment: The standard condition of draft approval respecting the use of a holding school zone would be recommended.

London District Catholic School Board

Planning Comment: The standard condition of draft approval respecting the use of a holding

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school zone would be recommended.

PUBLIC LIAISON:

On February 8, 2007, 73 liaison letters were sent to surrounding property owners; and on February 17, 2007, notice was published in the London Free Press.

Revised notice was circulated on June 6, 2007 and was published in the London Free Press on June 9,2007.

4 telephone replies were received 8 written responses, and 2 petitions were received.

Responses to the February 8'h Notice: The owner of the lands to.the west, south and east of the subject lands (Speyside Eas Corporation) object to, and request that the City recommend refusal of, the proposal to create a new shopping area on the subject lands. Speyside objects to the proposal because it is no' consistent with the North Talbot Community Plan, would result in further diluting the prospects for achieving a vigorous commercial centre in this area, and changes the intendec community character, as viewed from Southdale Road West.

A homeowner in Talbot Village, located south of the subject application, expressed concerr with the potential for high-rise residential development and questioned the need for additiona commerciaVoffice uses in this area.

The Lambeth Community Association objects to the proposed changes in land use Homeowners in the area purchased their homes antbipating the land to be developec according to the existing Low Density, Official Plan designation. Further, there are concern: regarding the unique physical features in the area and the potential impact that this proposa will have traffic flows surrounding these features.

An homeowner located at 1020 Cranbrook Road (Condominium Corporation 577) expressec opposition to the proposed plan stating that the proposed uses are inappropriate for this area further expressing concern relating to the impact of the proposed densities on thc surrounding road network.

Responses to the June 6'h Notice:

The Lambeth Community Association, several area residents, and the local home builders 01 the north side of Southdale Road W object to the proposed changes in land use, especial11 with the proposed additional high density residential uses along Southdale Road W Homeowners in the area purchased their homes anticipating the land to be developec according to the existing Low Density Official Plan designation. It was expressed that thc change in land use from Low Density to High Density is significant and is not consistent wit1 the intent of the community plan.

I ANALYSIS

Existina Situation:

The lands which are the subject of this application are located within the North Talbot Community Plan. The lands, previously in the Town of Westminster, became part of the City of London as a result of a large annexation and expansion ofithe City boundaries in 1993.

The subject lands in the proposed application are located near the southeast quadrant of the Colonel Talbot Road and Southdale Road West intersection and is comprised of two abutting

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parcels of land both having frontage and access on Southdale Road West. The property located at 849 and 857 Southdale Road West consists of 4.5 hectares (11.13 acres) of land improved with a non-farm residence, with some of the land being farmed (cash crops). An existing boarding kennel (Pets Motel) exists on these lands. The adjacent property to the west (879 Southdale Road West) is somewhat larger comprising 7.9 hectares (19.59 acres) of mostly cultivated land (cash crops). A demolition permit was issued for the abandoned house located on 879 Southdale Road W in January, 2007. It is recommended that a demolition permit be issued for the demolition of the residential buildings located at 849 and 857 Southdale Road W. to accommodate the proposed development. In the event the property at 909 Southdale Road W is re-developed for residential uses, it is also recommended that a demolition permit be issued for this residence. The accessory buildings associated with all properties would also need to be removed or demolished. None Of the buildings are identified on the heritage inventory.

The lands contained within the proposed application are currently zoned Urban Reserve (URI) in the Z.-1 Zoning By-law and are designated Low Density Residential in the Official Plan and Low/Medium Density in the North Talbot Community Plan.

The subject property is located within the Dingman Creek Subwatershed Study Area and is affected by the Upper Thames River Conservation Authority (UTRCA) Regulation Limit, specifically the riverine hazard allowance associated with the existing (open) Class F Drain that crosses 879 Southdale Road West in a predominantly north-south direction. A second surface water feature, also within the UTRCA Regulation Limit, traverses 849 and 857 Southdale Road West in a predominantly north-south direction. As summarized in the Significant Department/Agency Comments section of this report, UTRCA has confirmed that an EIS will not be required to determine a development limit.

The subject site is located within an area of Archaeological potential. A condition of draft approval is required to address the archaeological requirements.

Union Gas has a 1 2 high pressure pipeline easement that runs across the north property limit of the subject lands (south side of Southdale Road West). A condition of draft approval is required to incorporate Union Gas requirements for developments in close proximity to the pipeline and crossing agreements.

2005 Provincial Policv Statement:

The draft plan of subdivision application and associated Official Plan and Zoning By-law amendments have been reviewed in conjunction with the 2005 PPS and are found to be consistent. In particular, issues dealing with provision for adequate sanitary services, stormwater management, increase in residential density, and the stream corridor/Class F Drain have been reviewed and will be addressed through recommended zoning by-law amendments and application of holding provisions, and conditions of draft approval. The Provincial Policy Statement has been read in its entirety and all relevant policies have been applied to this application. Specific reference to the applicable policies to support the proposal has been included throughout the analysis section of this report.

8 )

Official Plan Policies:

Schedule A - Land Use

The subject lands are designated Low Density Residential. The low density residential designation permits low-rise, low density housing forms including detached, semi-detached and duplex dwellings (at a maximum density of 30 units per hectare) as the main permitted uses. The applicant‘s request to permit single detached dwellings on the south portion of the subject site complies with the current Official Plan policies which apply to these lands.

The applicant has requested a change to the Official Plan designation on the north and east portions of the subject site from Low Density Residential to Multi-family, Medium and High

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Density Residential and to Community Shopping Area commercial. City staff is supportive of the requested changes to the Official Plan and North Talbot Community Plan,

Requested Land Use Changes i) Multi-family, Medium Density Residential

The applicant is requesting a Multi-family, Medium Density residential (MDR) designation on the portion of their land east of Tillmann Road extension. The medium density designation permits multiple-unit residential developments having a low rise profile, with a maximum density of 75 units per hectare (30 units per acre). Uses may include row houses, cluster houses, low-rise apartment buildings and certain specialized residential facilities such as small scale nursing homes. Uses permitted within thb low density residential designation may also be considered in the medium density desig.hation. The North Talbot Community Plan recommended the entire subject site to be Low/Medium Density Residential. As such, the requested designation and proposed street townhouses of the zoning amendment is consistent with the intent of the Community Plan. The Official Plan policies support a MDR designation in this location because it would be located adjacent to a Multi-family, High Density Residential (HDR) designation, if approved, and because the block abuts an arterial road (Southdale Road W) and fronts on to a secondary collector street (Tillmann Road). The special policy for North Talbot Community (Section 3.5.12) identifies that small grouping of multiple-attached dwellings, such as street townhouses may be permitted along collector street frontages. The site is of a suitable shape and size to accommodate medium density housing, serves as a transition to the adjacent low density residential uses proposed to the east of the multi-family block, and provides an alternative housing type of street townhouses which complements the proposed single detached dwellings on the opposite side of Tillmann Road.

ii) Multi-family, High Density Residential The applicant is requesting a Multi-family, High Density residential (HDR) designation on Blocks 133 and 134 of the draft plan of subdivision, predominantly along the frontage of their lands adjacent to Southdale Road W. The proposed ,blocks comprise a total area of 3.34 hectares (8.25 acres). A high density residential designation on the subject blocks would permit large-scale, multiple-unit forms of residential development with a low rise and/or high rise profile and certain specialized residential facilities.

The applicant has identified the blocks to accommodate a potential of 428 units which equates to a density of 128 units per hectare. It is noted that based on the requested density of 175 units per hectare, Blocks 133 and 134 could accommodate up to 585 units or approximately 954 persons (based on occupancy of 1.63'persons per unit).

The Official Plan identifies that net residential densities outside of Central London normally will be less than 150 units per hectare (60 units per acre). Council may consider higher densities than normally applied where development can satisfy certain criteria, including the development is located at the intersection of an arterial road and primary collector road and served by public transit; provision for unique attributes for public benefit such as innovative forms of housing and architectural design features; parking facilities that are designed to minimize visual impact and provide enhanced amenity recreation areas for the residents of the development; urban design principles demonstrated through the preparation of an area study; and final approval of zoning shall be withheld pending a public participation meeting on the site plan.

Although the proposed high density designation satisfies most of the above criteria it is recommended that the maximum density for this site is limited to 150 units per hectare through the recommended Zoning By-law amendment. A design review process is necessary for a possible increase in the density provisions to ensure certain criteria are met. The possible increase in density up to 175 units per hectare would be in considered in the context of a further application. Based on the recommended density of 150 units per hectare, Blocks 133 and 134 could accommodate up to 501 units or approximately 817 persons (based on occupancy of 1.63 persons per unit).

The design of the proposed development will be required to be consistent with the Talbot Community Urban Design Guidelines through the recommended application of a holding

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provision (h-53), in addition to a holding provision for public site plan review (h-5), and the development will support the transit friendly guidelines as there are more riders to support the City’s local Transit. The recommended holding provisions (h-5 and h-53) will ensure that there is opportunity for public input with respect to interface bufferinglscreening between the proposed high density use and the proposed single family development within this subdivision; and the scalelbuilding form between the proposed high density use and the existing cluster and single family residential uses on the north side of Southdale Road W. It is recognized that the proposed development will be required to be consistent with the approved Talbot Community Urban Design guide1ines:to address typical community issues, such as building forms and massing, treatment of residential facades, community edge and gateway features, and street architecture and landscaping.

The application of a High Density Residential designation and inclusion of a residential block on the draft plan in this area is also recommended bepause it will assist with the re-aligned location of the.stream corridor that is intended to be piped through the subdivision; will support the Community Shopping Area commercial use located at the south-east corner of Southdale Road W and Colonel Talbot Road; and will provide opportunity for design along the community edge and ensure orientation and reduced setbacks to Southdale Road W.

The lands on the north side of Southdale Road Ware designated “Low Density Residential” in the City Official Plan. There are presently 2 multi-family cluster developments located at 1029 Cranbrook Road and 920 Southdale Road W, opposite the proposed High Density Residential designated blocks; 2 existing single family homes located at 860 and 874 Southdale Road W and an undeveloped parcel at 852 Southdale Road W, and a plan of subdivision (33M-531) containing single detached dwellings. A multi-family cluster form of development, similar to the existing cluster housing that has been constructed on the north side of Southdale Road W, generally serves as a transition between higher intensity residential uses and single detached dwellings. As such, the proposed high density residential use on the south side of Southdale Road W is a compatible form of residential development to the existing multi-family residential uses on the north side of Southdale Road W. The existing single detached residential subdivision 33M-531) has been “back- lotted on Southdale Road W. There are potentially 3 lots that directly back on to Southdale Road W that will have a noise wall along the south limit of their property to address noise generated from Southdale Road W and will also function as a bufferlscreen to development on the south side of Southdale Road W. The balance of the subdivision is separated by an arterial road, a multi-family cluster development and an open space feature. As such, the existing single family residential subdivision is adequately separated and buffered from the proposed high density residential use. The existing single family dwellings and undeveloped parcels located at 852, 860 and 874 Southdale Road:W will ultimately be re-developed for multi-family andlor single family residential development. Orientation of the residential dwellings and design features will be considered at such time as development occurs on

!

these parcels. I

The Planning Division has initiated a review (0-7380) of the land use designation for the property located at 909 Southdale Road W. The purpose of the review is to ensure that provisions are made to adequately integrate the 909,Southdale Road W property with the Westfield Village development in terms of a similar land use designation, access arrangements and integration of development. The recommended High Density Residential designation is appropriate for the future use of the property at 909 Southdale Road W and the recommended designation is consistent with the 2005 Provincial Policy statement.

It is recommended the Land Use Plan in the North Talbot Community Plan be revised to recognize the recommended change from LowlMedium Density Residential to High Density Residential land use for the lands comprising Blocks 133 and 134, and 909 S.outhdale Road W.

iii) Community Shopping Area Commercial The applicant is also requesting a minimal addition to the Community Shopping Area (CSA) designation for an area comprising 0.629 hectares (1.55 acres). The extension to the

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existing CSA designation is minor in nature and maintains the nodal configuration at the intersection of Southdale Road W and Colonel Talbot Road. A holding provision and condition of draft approval are recommended to require the commercial block be developed in conjunction with the abutting lands. The proposed expansion of the commercial development to the east of the approved commercial block (Speyside, 39T-00514) may provide for a better alignment for a commercial access arrangement, and possibly a combined commercial and residential access for the high density residential block to Southdale Road W. There may be challenges for the corner commercial property for grading and the recommended expansion to the Community Shopping Area commercial use may provide an opportunity to address grading and access issues for the Speyside commercial lands. An access management plan is also being recommended which may require a joint access arrangement between the subject site and the adjoining commercial lands to the west. The joint access and grading issues would normally be addressed through site plan approval. The recommended amendment is consistent with the intent of the North Talbot Community Plan and Official Plan.

This recommended Official Plan amendment for a Multi-family, Medium and High Density Residential designations and for a Community Shopping Area designation is consistent with the 2005 Provincial Policies (Sections 1 .I .3.7 and 1.4.3) for promoting new development adjacent to the existing built-up area and development with a compact form, mix of uses, range of housing types and densities that allow for the efficient use of land, infrastructure and support the use of public transit.

North Talbot Specific Area Policv (Section 3.5.12)

Subsection 3.5.12 of the Official Plan contains a special policy specific to the North Talbot Community (bounded by Southdale Road W to the north, Bostwick Road to the east, Pack Road to the south and Colonel Talbot Road to the west). The site specific policy encourages small scale, pedestrian oriented neighbourhood serving commercial uses and small scale office buildings located as community focal points, and the use of urban design guidelines to address such matters as building form and massing, treatment for residential facades, and design of commercialkesidential mixed use buildings and sites. An Urban Design Concept Brief (April1 999) and the Council approved Talbot Community Urban Design Guidelines (December 21, 2006) serves to ensure the subject proposal achieves the intent of the overall community design concept.

The recommended special provision zone for the proposed street townhouses along Tillmann Road provide for reduced front yard setbacks for dwellings to bring building facades closer to the street which is in keeping with the North Talbot Community Plan and design guidelines. The multi-family residential type of housing will allow for development form that is “street oriented, both from Southdale Road W and Tillmann Road, and will eliminate the need for a continuous noise wall adjacent to Southdale Road W. Localized noise attenuation measures may be required to address the noise levels of outdoor living areas for lots which flank Southdale Road W.

The recommended R1-3(7) and R1-13 Zones also have regulations that encourage a reduced front yard setback of 4.5 metres to local and collector roads.

The recommended holding provisions (h-53 and h-55) for the high density residential blocks along Southdale Road W will ensure appropriate design features such as street-oriented development, avoidance of noise walls, and minimizedlrestricted access to Southdale Road W are addressed. The gateway features to the development and faGade treatment of the buildings will be subject to the North Talbot Design Guidelines (2006).

A change to the North Talbot Community land use plan and the Official Plan specific area policy is required to incorporate the recommended High Density Residential uses. The addition of HDR should not impact the mixed use areas in the central core of the community plan. The intended focus of the two types of uses is sufficiently different that the ‘mixed use area’ should not be negatively impacted. The following policy criteria ate recommended to be added to the existing specific area policy:

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"For the Multi-family, Medium Density Residential and High Density Residential lands adjacent to Southdale Road W, design guidelines have been developed through the Community Plan process which encourage street-oriented development, discourage noise attenuation walls along arterial roads, and encourage a high standard of design compatibility. New development should be designed and approved consistent with the Talbot Community Urban Design guidelines.

For the portion of lands located on the south side of Southdale Road W, and designated Multi-family High Density Residential, a maximum building height of 40 metres (131 ft.) will be permitted provided the development is consistent with the design objectives of Talbot Community Design Guidelines. "

Schedule B - Environmental Features

There is a riverlstream corridor within the subject lands as shown on Schedule B of the City of London Official Plan.

Both the Ministry of Municipal Affairs and Housing, and Upper Thames River Conservation Authority have identified that the site is traversed by two water surface features. The Ministry has confirmed that, consistent with the Provincial Policy Statement (PPS) further evaluation of the surface water features in relation to the proposal should be undertaken to ensure no negative impacts will occur to these features. The UTRCA has confirmed that they have no objection to the proposal to pipe the stream corridor given a community plan review has been completed for these lands. However, given the subject lands are affected by the Authority's Regulation Limit, being the riverine hazard allowance associated with the Class F Drain that crosses 879 Southdale Road W, approvals will be required for any alterations which are proposed to the drain in accordance with the federal Fisheries Act.

In accordance with the policy in Section 15.4.6. - River, Stream and Ravine Corridors, Council may consider alterations to stream corridors, such as piping the system, through a review to confirm that such alterations will enhance the ecological function of the stream corridor. As such, an evaluation of the stream corridor, as a proposed piped system, must be completed to satisfy the Official Plan policy. This evaluation will be completed as a condition of draft approval and the application of a holding (h) provision. To satisfy the condition of draft approval and the requirements of the holding provision, the applicant will be required to obtain agency approvals for stormldrainage including the design and construction of the piped system. The required approvals will ensure the subdivision can accommodate proposed alterations to the stream corridorlClass F Drain, in accordance with Section 35 of the Federal Fisheries Act, the PPS and City Official Plan.

Schedule C - Transportation Corridors

The proposed secondary collector road, Tillmann Road, located between Southdale Road W and the south limit of this plan is identified on Schedule C of the Official Plan. Tillmann Road is identified in Section 4.21 of the 2-1 Zoning By-law as a secondary collector road. As such, the proposed secondary collector road is in conformity to the City Official Plan and Zoning By-law.

Draft Plan of Subdivision:

The applicant is to be commended for working with staff and revising their draft plan to provide a subdivision design which:

1, promotes a mix of residential housing types and densities, consistent with the Provincial Policy Statement;

2. adequately addresses viable servicing options for sanitary and storm water management

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services;

3. promotes an opportunity for front facing development along Southdale Road W, and design opportunities for a desirable community edge and gateway features;

3. the orientation of the residential buildings will eliminate the need for noise walls along Southdale Road W;

4. recognizes on-street parking requirements for small lot development; and,

5. a reduced commercial block which encourages a land use mix, but still maintains a node configuration at the intersection of Southdale Road W and Colonel Talbot Road.

The revised plan is consistent with Section 1.1.3.2 Land use patterns within settlement areas of the PPS, the proposal promotes densities and a mix of land uses which are appropriate for, and efficiently use, the infrastructure which are planned or available to this site, and with Section 1.4.3 where appropriate range of housing types and densities are provided to meet the current and future residents of the regional market area, and promote densities for new housing which efficiently use land, resources, infrastructure, and support the use of public transit in areas where it exists or is to be developed.

Road Pattern The proposed draft plan of subdivision will be primarily accessed through a proposed collector road (Tillmann Road) which runs south from Southdale Road W, and by Pomeroy Lane which also access Southdale Road W. Both roads extend sootherly and will ultimately connect to Raleigh Boulevard in the adjacent Speyside East subdivivion (33M-494 and 39T-00514 Phase 2) to complete the secondary collector road network identified in the Official Plan and North Talbot Community Plan.

The remaining lots within this subdivision will be served by local streets (Streets A and B). A portion of Street A west of Pomeroy Lane will be subject to on-street parking requirements given the small lots in this part of the subdivision. The applicant has submitted an on-street parking plan that is considered acceptable by the City. The acceptance of the parking plan is based on the proposed draft plan of subdivision showing single detached lots with 9.22 metre to 9.62 metre lot frontages. Prior to final approval of the subdivision, final review and acceptance of a reasonable parking plan may require adjustments to lot frontages to accommodate on-street parking.

EESD has expressed concerns with the higher volumes of traffic being generated with the proposed commercial and high density residential uses. Traffic volume on Pomeroy Lane and Street A will exceed the maximum for a local street. In discussion with the agent for the proponent, he has advised the Planning Division he is quite prepared to accept restrictions to the Pomeroy access to rights-in and rights-out with added land dedication for a deceleration lane. To address EESD concerns with the traffic volumes on the local roads, it is recommended that the draft plan be red-line amended to increase the road allowance of Pomeroy Lane to 21.5 metres, a standard for a secondary collector road, and eliminate the Street A connection to Tillmann Road. The red-line amendment would serve to encourage vehicular traffic through the collector road system (Raleigh Boulevard and Tillmann Road). Left turn movement on Southdale Road W can be accommodated via Tillmann Road. As a condition of draft approval, the applicant will be required to submit a traffic impact study to determine the impact on surrounding arterial and collector roads within the existing'and proposed plans of subdivision.

Lotting Pattern All of the lots between Pomeroy Road and Tillmann Road within this plan of subdivision are proposed to have 11 metre frontages. Although this is technically a small lot subdivision, based on the proposed lot frontages and experience in other draft plans there is sufficient room to provide for on street parking in front of each dwelling assuming a maximum driveway width of 5.5 metres (or 50% of the lot frontage). The balance of the single family lots west of Pomeroy is proposed to have 9 metre lot frontages. A preliminary parking plan for this development has been prepared by the applicant based on the submitted draft plan. The parking plan appears to

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be acceptable; however, a final review is necessary to incorporate the recommended red-line amendments and address possible adjustments to the lot frontages. Conditions of draft approval have been included to address standard on-street parking requirements.

At the request of Planning staff, the applicant provided a "shadow plan" for the multi-family blocks (Blocks 133 and 134) in the event the applicant ur subsequent developer changes the plan from apartment buildings to a single family development. This review is necessary to ensure the blocks are of a sufficient size and configuration to accommodate a single family lotting pattern. The agent for Westfield Village expressed concern that it is interfering for Planning staff to require a shadow plan, and given they have clearly confirmed their position that Blocks 133 and 134 would only be developed for multi-family residential.

From a preliminary review the shadow plan ultimately submitted for Blocks 133 and 134, it appears the multi-family residential blocks are not adequate in size and configuration to accommodate single family development, if requested in the future. Any single family residential development, if applied for in the future, cannot be recommended due to a number of design matters which cannot be accommodated within the proposed the block configuration, as shown on the submitted plan. The requested multi-family development is suitable for the size and configuration of the identified blocks.

The proposed location of the walkway blocks (Blocks 136 and 137) lead from Street 'A to private lands. The walkways are required to ensure connectivity between the proposed residential and future commercial uses. However, until a site plan is submitted for the adjacent commercial block and proposed high density residential block within this plan it is difficult to determine the appropriateness of the location of the walkway blocks. It is anticipated that a site plan application will be received for the adjacent commercial property by the time this subdivision plan proceeds with the engineering drawing review. As such, a condition of draft approval has been included to address the location of the walkway which may necessitate minor changes to the draft plan for a shift in location of the walkway.

i)

ii)

iii)

i v)

v)

vi)

vii)

viii)

Red-line Amendments to the Draft Plan The following red-line amendments to the draft plan are recommended:

I

increase road allowance width of Pomeroy Lane to'21.5 metres;

identify 6.0 x 6.0 m daylighting triangles at Pomeroy Lane and Southdale Road West;

add a turning lane road dedication on Southdale Road W.;

revise Street ' A to intersect with Tillmann Road at 90 degrees with 6 metre tangents;

remove access road label from Block 135;

add 0.3 metre reserve Blocks at south limit of Pomeroy Lane and Tillmann Road;

add 0.3 metre reserve Blocks along the frontage of Southdale Road West abutting this draft plan of subdivision;

delete access from Street 'A to Tillmann Road and add new lots.

I

A red-line amended plan is attached for reference.

Parkland Due to the proximity of a neighbouring subdivision (39T-00514 Phase 2) with a planned active parkland for the North Talbot community, there is no need to accommodate active parkland within this subdivision. As a condition of draft approval cash in lieu of parkland will be required in the form of 2 percent for commercial lands, and the greater of 5 percent or l h a of parkland per 300 units for the residential lands.

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RECOMMENDED R SIONS 39T-07501

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Based on an accepted study (November 23, 2006) a tree preservation area has been identified that is worthy of protection. As such, a condition of drat7 approval has been recommended to protect the identified tree line with a six metre wide tree preservation buffer at the rear of the proposed single detached lots (lots 1 to 7).

It should be noted that as a condition of development (through the subdivision agreement) street trees will be required to be planted.

Servicing Issues

Sanitary (pipes to pumping station) - The Owner is required to connect the proposed sanitary sewers to serve this plan to a municipal sewer system through the 39T-00514 Phase 2 Speyside East Corporation subdivision, located to the south of this plan, at such time it is constructed and operational.

PCP Capacity - There is currently no reserve capacity at the Oxford Pollution Control Plant for the proposed development, nor are there any existing sanitary sewers adjacent to this site. As such, a general ‘h’ holding provision is being imposed due to the lack of available sewage treatment plant capacity and the fact that there are currently no municipal sanitary sewers adjacent to this site to serve it. This holding provision will only be removed when the subdivision agreement is prepared, there is sanitary sewage treatment capacity available at the Oxford Pollution Control Plant, and the arrangements have been made for the extension of municipal sanitary sewers to serve this site.

Pumping and Forcemain CapacityKonveyance System - The Owner will be required to enter into an agreement with the City for the purchase of capacity from the owner of the Temporary Talbot Village Pumping Station and Forcemain. The agreement will require the Owner to contribute toward future operating costs of the pumping station and forcemain on a proportional flow basis until such time as this facility is abandoned.

Also, the Owner has 2 options for addressing downstream sewer upgrades:

- enter into an agreement to confirm the fulllpartial need for downstream sewers improvements and be required to fund the confirmed. The potential costs associated with the upgrades may be in the amount of $1, 895,631.00. These temporary works are neither claimable nor at the cost of the City, or

pay costs for the downstream sewer upgrades as determined in accordance with a proposal for an area rating by-law, if applicable.

a.

Storm Water- The Owner is required to connect the proposed storm sewer to serve this plan to the proposed Stormwater management (SWM) works and related servicing adjacent to this plan (39T-00514 Phase 2) which will discharge to the Dingman Creek, all at no cost to the City. The outlet for the subject lands will be the proposed Talbot Village Regional Facility #2 and related servicing, located within the Dingman Creek Subwatershed.

The owner will be also be required to evaluate the overland flow from the north side of Southdale Road W prior to piping the flows. As a condition of draft approval, the design and construction of the overland flow route from the north side of Southdale Road W and on the subject site will be subject to the applicable Acts, Policies, standards and requirements of the City, Ministry of Environment and UTRCA.

Water - The owner is required to connect the proposed water sewer to serve this plan to the existing 400 mm (16) main on Southdale Road W at proposed Tillmann Drive and to the existing 600 mm (24”) main on Southdale Road W at proposed Pomeroy Lane. The Owner is required to provide “looping” of the water main system prior to 80 or more units being developed.

Conditions of draft approval have been included regarding the servicing requirements for this

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subdivision.

In accordance with Section 1.1.3.8 of the PPS, a holding provision is recommended which establishes and implements the phasing of development and the timely provision of servicing infrastructure required to meet current and projected needs. The servicing arrangements and transportation systems for this proposed development is consistent with Sections 1.6.4 and 1.6.5 of the PPS, respectively.

Zoning:

The subject lands are zoned Urban Reserve (URI) which provides for and regulates existing uses on lands which are primarily undeveloped. The URI Zone is intended to protect large tracts of land from premature subdivision and development applications and to provide for future comprehensive development on those lands.

The applicant has requested a Residential R1 (RI-3) Zone, Residential R3 (R3-1) Zone, Residential R4 (R4-6) Zone, Restricted OfficelResidential R l OlConvenience Commercial (R02/RlO-l/CC6) Zone, Residential R10 (R10-1 .D175.H44) Zone, and Community Shopping Area (CSA3) Zone.

RI-3 Zone - The Residential R1 (RI-3) Zone permits single detached dwellings on lots with a minimum lot frontage of 10 metres, and a minimum lot area of 300 square metres. To be consistent with the 11 metre lot frontages as shown on the recommended draft plan, it is recommended that the Holding Residential R1 Special Provision (h.Rl-3(7)) Zone be applied.

R3-1 Zone - The Residential R3 (R3-1) Zone permits single detached dwellings, semi-detached dwellings, duplex dwellings, triplex dwellings, converted dwellings, and fourplex dwellings on lots with a minimum lot frontage of 9 metres and a minimum lot area of 250 square metres. The submitted draft plan shows single detached dwelling lots, only. As such, it is recommended that the zoning be changed to a Holding Residential R1 (h.Rl-13 and h.h-63.R1-13) Zone to be consistent with the proposed small lot residential use and lot sizes as shown on the draft plan.

R4-6 Zone - The Residential R4 (R4-6) Zone permits street townhouse dwellings with a minimum lot frontage of 5.5 metres per unit and a minimum lot area of 145 square metres per unit. It is recommended the R4-6 Zone requested for Block 132 be approved to permit a reduced front yard setback from Tillmann Road. The reduced front yard setback io consistent with the setback provisions of the R1-3(7) Zone on the opposite side of the street, is a consistent approach used in the Speyside East Corporation subdivision to the south (39T-00514), and the reduced front yard setbacks are encouraged in the North Talbot Community Plan. As such, Planning staff is recommending the Holding Residential R4 Special Provision (h. h-56. h-( ).R4- 6(6)) Zone.

ROYRlO-I/CC Zone and R10-1 Zone - The Restricted Office/ Residential R10 (R10-l)/Convenience Commercial Zone permits clinics, medical/dental offices, medical/dental labs, and offices with a total gross floor area of 2000 square metres for all office uses; apartment building, lodging house class 2, senior citizens apartment building, handicapped apartment building, and continuum-of-care facilities at a density of 175 units per hectare; a range of convenience commercial uses without a drive- through facility including convenience stores, financial institutions, personal service establishments, food stores, restaurants, take-out, day care centres, offices, studios, bake shops, commercial schools, florist shops, pharmacies, restaurants eat-in; Brewing on Premises Establishment; and Dwelling units together with any other permitted uses with a total gross floor area of 1000 square metres. It is noted that the building form of the convenience commercial use is intended to be incorporated into the officelresidential building. The zoning regulation does not permit single use buildings under the CC6 Zone variation.

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The Residential R10 (R10-1 .D175.H44) Zone permits the range of apartment buildings, lodging house class 2 and continuum-of-care facilities identified above with a maximum density of 175 units per hectare and a maximum height of 44 metres.

The requested density of 175 units per hectare for the proposed Residential R10 (R10-1) Zones is not recommended for this application. A design review process is necessary for the requested 175 units per hectare to ensure certain criteria are met. As such, the Residential R9 (R9-7) Zone is recommended which permits a maximum density of 150 units per hectare. Consideration for a possible increase in density up to 175 units per hectare would be completed in the context of a further application and public review.

The requested zone for a maximum building height of 44 metres is not recommended for this property. There are only two known sites outside of the downtown area that include a height of 44 metres, both are within an R9-7 Zone. The one site is located at 284 Wonderland Road S , north of Springbank Drive, and the second site is located at 940 and 970 Commissioners Road E at Leathorne Street. The recommended maximum height of 40 metre is considered appropriate for this site and is generally consistent with maximum heights for apartment buildings in the City. The 40 metre height is not uncommon when adjacent to or in proximity to larger commercial developments in the City, such as the proposed commercial use at Southdale Road W and Colonel Talbot Road. A height of 40 metres would allow for an approximately 12 storey high building. An example near to this site is an existing apartment building located on the south side of Southdale Road W, east of Wonderland Road S. The recommended Holding (h-53) Zone on the high density residential blocks require that a development agreement be entered into to ensure that new development is designed and approved consistent with the Community Plan. The North Talbot Community Plan and design guidelines emphasize the special attention required to neighbourhood and building design, including building forms and massing treatment of residential facades, community ed es and gateway features, and street architecture and landscaping.

Based on the above, a Holding Restricted OfficelResidential R9/ Convenience Commercial (h.h- 5.h-53.h-55.h-56.R02/R9-7.H-40/CC) Zone and Holding Residential R9 (h.h-5.h-53.h-55.h- 56.R9-7.H-40) Zone is recommended to permit a range of office, convenience commercial and apartment type uses at a maximum density of 150 units per hectare and a maximum height of 40 metres.

CSA3 Zone - The Community Shopping Area (CSA3) Zone permits a range of community scale, commercial retail and service uses, as well as some office uses, which serve the needs of the community with a maximum gross floor area of 6000 square metres. The requested CSA Zone is a minor extension to the existing commercial lands adjacent to this property. Subject to the approval of the Official Plan amendment to permit the Community Shopping Area designation, it is recommended the Holding Community Shopping Area (h.A-55.h-( ).CSA3) Zone be applied to Block 135.

Holding Provisions - Given the mix of proposed residential and commercial uses, and varying density of the residential types, Staff is recommending approval of the Residential and Commercial Zones, with exception to the height of apartment buildings and the application of a range of holding provisions. The holding provisions are intended to address various issues that have been raised during the planning review process.

It is recommended that a Holding (h-53 and/or h-56) Provision Zone be applied to Blocks 132, 133 and 134 to require a noise study and have the recommendations of the study implemented, and to encourage street oriented development to discourage noise attenuation walls along Southdale Road W. The Holding (h-5) Provision Zone is recommended to be applied to the multi-family high density residential blocks, Blocks 133 :and 134, to require public site plan review.

A Holding (h-63) Provision Zone is recommended for lots 34 to 48, inclusive to implement the noise attenuation and design mitigation measures through the noise study that is required as a condition of draft approval.

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The Holding (h-55) Provision Zone is recommended for the commercial and residential blocks adjacent to Southdale Road W to ensure an access management plan has been completed to the satisfaction of the City. An access management plan is also required as a condition of drafl approval.

As requested by EESD, it is recommended that a holding (h) provision be applied to all these zones to address servicing requirements. The current lack of sanitary service capacity at the Oxford Pollution Control Plant, required downstream improvements in the conveyance system has been identified by EESD and incorporated as conditions of draft approval. On May 30, 2005 The General Manager of Environmental and Engineering Services and City Engineer advised the Environment and Transportation Committee, of the limitations on capacity at the Oxford Pollution Control Plant. The report recommended that any approved drafl plan or new submission of drafl plan application for lands within this sewer shed should have a condition of drafl approval for five years(in place of the standard three years) in order to meet the conditions of draft approval. The standard condition of drafl approval has been revised to reflect this new drafl approval period.

Development of Part Blocks - There are two blocks within this subdivision which should be developed with adjacent lands to provide for a consistent lot fabric and integration with adjacent lands. There have been issues in the past where a lot is intended to be developed with adjacent lands but due to difficulties with different lands owners reaching a consensus on the value of the part lots, the odd shaped lots end up being developed (provided they meet the lot frontage and area requirements of the by- law) leaving remnant parcels. Although the subdivision agreement usually contains clauses to prevent the development of these part lots on their own, it is difficult to enforce this as the subdivision agreement is not considered applicable law and it does not prevent a property owner from applying for and receiving approval for a building permit. In order to ensure that these part blocks are consolidated so that the lotting pattern in the area remains consistent the following holding provision is recommended:

h-- Purpose: To ensure that there is a consistent lotting pattern in this area, the "h;' symbol shall not be deleted until the part block has been consolidated with adjacent lands.

Public Comments:

1) Objection to Proposed High Density Residential designation -

The Lambeth Community Association, several area residents on both the north and south sides of Southdale Road W, and the Home Builders on the north side of Southdale Road W. have expressed their objection to the proposed Multi-family, High Density Residential designation on the subject lands. The expressed concerns include the following:

- that the proposal will negatively impact on the current enjoyment of their properties as

high density residential was not contemplated in the North Talbot Community Plan or

the high density use is not in keeping with the character of the neighbourhood;

- Official Plan for the area, and a change from low density to high density residential form of development is significant;

- new homeowners in the area bought their property based on the planned development

area road networks (e.g. the Byron Hill section of Colonel Talbot Road) cannot handle

for the area which did not include high density residential form of development; and

- the proposed densities.

flanninq Response: The Provincial Policy Statement (PPS) and City of London Official Plan encourages a mix of uses and densities. The Official Plan supports High Density residential uses on arterial roads, such as Southdale Road W. A traffic impact study is required as a

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H.McNeelyl39T-07501102-679510-7380

condition of draft approval to address the traffic volumes and access arrangements to Southdale Road W. The proposed office and convenience commercial uses within the proposed high density residential blocks are intended to be integrated into the apartment complex to serve the neighbourhood and not necessarily function as free standing structures. Planning staff recommend the High Density Residential subject to appropriate conditions of draft approval, Holding Provisions for access and building orientation to Southdale Road W, and a reduced maximum building height for the apartment buildings. The North Talbot Community Plan would need to be changed to reflect the change in land use along Southdale Road W.

2) Objection to Additional Community Shopping Area -

An abutting property owner to the west and an area resident on the north side of Southdale Road W expressed their objection to the proposed Community Shopping Area designation on the subject lands. It is noted these comments were provided prior to the submission of a revised plan which shows a reduced area for the commercial block. The expressed concerns include the following:

- the commercial area on Wonderland Road S is available for this form of development and is currently under-utilized;

the proposal is not consistent with the intended community commercial focus of the area:

-

- there has not been a significant change in circumstances to demonstrate a need for additional commercial uses in this area; and

that approval of this plan, as originally submitted, would likely have the effect of further diluting the prospects for achieving a vigorous commercial centre to serve the area.

-

Plannincr Response: It is noted the applicant has since revised their original plan submission which shows a reduced commercial block size. The proposal originally showed the commercial area extending over Blocks 134 and 135 (based on the revised plan). The revised plan proposes the extension of the commercial block only up to the west limit of 909 Southdale Road W. It is Planning staff's opinion that the commercial block (Block 135) as shown on the revised plan is of a size and location that maintains the nodal configuration of a commercial land use intended for the Colonel Talbot Road/Southdale Road W intersection. Also, the proposed commercial block may provide opportunities to benefit the Speyside East Corporation commercial development with respect to boundary grading and access issues. Planning staff recommend the Community Shopping Area designation subject to appropriate conditions of draft approval and Holding Provisions to address access arrangements and for development in conjunction with adjacent lands.

3) Possible lntegrafion of 909 Southdale Road W.-

The Lawyer representing the property owner at 909 Southdale Road W inquired about the proposed application as it directly impacts their property. It was conveyed by Planning staff that consideration for recommending a land use designation consistent with the surrounding lands to ensure integration of possible future development of 909 Southdale Rd W. The client had no objection with the City initiating an Official Plan amendment on their property. The property owner has requested to receive notice of decision concerning the affected lands.

Planninu Response: Planning staff initiated an Official Plan amendment (0-7380) for a City review of the property located at 909 Southdale Road W., given the property is surrounded by the proposed draft plan on three sides. The possibility of the City initiated review was discussed with the owner's lawyer. The review is for the possible change in land use designation for High Density Residential designation consistent with the land use being applied for by Westfield

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Village subdivision. It is Planning staff's opinion that should Council approve the High Density Residential designation on the Westfield Village property the same designation should also be applied on 909 Southdale Road W. The change in designation would ensure a comprehensive form of development along the Southdale Road W frontage between the approved commercial use on the Speyside East Corporation lands and Pomeroy Lane, and will allow for integrated development between the two properties. It is noted, there is no change to the current zoning (URI) on the 909 Southdale Rd W property.

CONCLUSION

The proposed Official Plan amendment, draft plan of subdivision and Zoning By-law amendment are appropriate and consistent with the Official Plan; the North Talbot Community Plan and associated Urban Design Guidelines; and the 2005 Provincial Policy Statement.

I

PREPARED SUBfiED BY:

SPECIAL PROJECTS RECOMMEWED BY:/ )

G AND DEVELOPMENT

June 26,2007 HMcN Attach.

Y \Shared\SUBBSPEC\SUBDlWO07~9T-O7501 - 849-857-879 Southdale Road West (HMcN)\39T-07501 Report PC APPROVAL (HMcN) doc

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

1 Written Peter White Speyside East Corporation #201 - 50 Lincoln Park Canmore, AB. T I W 3E9

o Speyside East Corporation owns lands to the west, south and east of the subject properties.

o Mr. White states that Speyside East Corporation objects to, and requests that the City recommend refusal of, the proposal to create a new Community Shopping Area on the subject lands, separate from the intended community commercial focus of the area.

o The current owner participated in the Community Plan process for this area and did not object to the designations as set out in the approved O.P. amendment. Further, there has not been a significant change in circumstances to demonstrate a need for additional commercial uses in this area. Approval of this plan, as submitted, would likely have the effect of further diluting the prospects for achieving a vigorous commercial centre to serve the area.

o The proposed commercial frontage on Southdale Road West changes the intended community character as viewed from Southdale Road West.

Sherry Pryce-Noiles 3321 Maidstone Lane London, ON. N6P 1V2

o Ms. Pryce-Noiles, a homeowner in Talbot Village, Ward 9, welcomes much of the continuing development in this area.

o Ms. Pryce-Noiles expressed concern regarding the potential for (intrusive) high-rise development and questioned whether there was a demographic need for this scale oi development.

o Given the zoning on the corner or Colonel Talbot and Southdale Road west as well as a few areas within Talbot Village, and along Southdale Road, Ms. Pryce-Noiles expressed concern over the proposed commercial block and questioned whether it was necessary.

o Inquired as to what forums exist to hear the neighbourhood concerns. ~ o Requested to be placed on the mailing list for any future noticedcorrespondence.

Cathy Melo Lambeth Community Association

o Lambeth Community Association objects to the proposed changes in land use for twc reasons: (i) there is an expectation of trust between the City of London and surroundinc homeowners; these homeowners purchased their homes with the belief that these land5 would develop according to the Official Plan as Low Density residential dwellings, and (ii there are unique physical features in the area such as the end of the northern part o Colonel Talbot Road (where it winds down to meet Byron Baseline) and the west end o Southdale Road West (steep hill near Wickerson Road); increasing traffic in this are; could be hazardous and should be avoided.

o The Official Plan should be adhered to except in rare cases; while minor variances ma) be acceptable, radical changes should not be permitted.

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~~

Joshua Hurwitz 487 Richmond Street, Upper London, ON. N6A 3E4

o Requested all relevant documents related to this application (including concept plans elevations and site plans) be mailed to his address as well as the original applications Committee and Council decisions on the adjacent property, located at 735 Southdalc Road West.

Don Hull # I 6 - 1020 Cranbrook Road London, ON. N6A 588

o Mr. Hull, owner of unit 16 (Condo Corp. 577), expressed opposition to the proposed plai stating that the possible amendments are inappropriate. In particular, the requestel Zoning on the north-easterly block - R02/R10-1/CC6 is inappropriate as these lands ar within a watershed corridor.

o The commercial area of Wonderland South is available for such development and i currently under-utilized.

o The area road networks (e.g. the Byron Hill section of Colonel Talbot Road) cannc handle the proposed densities, nor could they be easily adapted to do so.

o The land should remain Low Density Residential in the Ofhcial Plan and Urban Resew in the Z.-1 Zoning By-law until a more suitable proposal is brought forth.

o Requested to be placed on the mailing list for any future notices/correspondence.

Jennifer Knights Talbot Village Resident

o Ms. Knights, a resident of Talbot Village, requested clarification on what would b deemed a "private club under the CSA3 Zone. She also inquired as to the status/futur plans for 909 Southdale Road West.

Landon Leahy 3212 Bayham Lane London ON N6P 1V7

o Ms. Leahy, a resident of Talbot Village, expressed her opposition to the proposed Mull family, Medium Density Residential and High Density Residential designations. It w i expressed that she purchased her home with the understanding that the community w i proposed for low density residential housing and one commercial block at Southda Road W and Colonel Talbot Road. The lands have been determined to be built as a lo densitv residential communitv: therefore. Durchasers have made an informed decision '

buy thkir homes based on the'existing Low Density Residential designation. Harasym Homes Inc. Clients'

Zygmunt and Jadwiga Stanczyk - 1484 Thornley St Antonio and Maria Goulart - 1492 Thornley St Paul Lagerwerf and Sue Rogers - 1516 Thornley St Peter and Beth Watmore - 1558 Thornley St Bart and Tammy Cudney - 1507 Thornley St Jeff and Denise Norman - 1209 Buttonbush Cres

o Expressed objection to the application on behalf of Harasym Homes Inc. clients for tt following reasons:

- - -

not contemplated in the Official Plan for the area, not in keeping with the neighbourhood, will negatively impact current residents' enjoyment of their properties.

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H.McNeeIy/39T-07501 /OZ-6795/0-7380

Wasko Developments Inc. clients

John Pawlaszyk - 1440 Thornley St Michael Pratt - 1500 Thornley St Parit Sharma - 151 0 Thornley St Geoff Williams - 1584 Thornley St Ron Mailloux - 1572 Thornley St Dan Pompilii - 1522 Thornley St Mary McDonagh - 1472 Thornley St

o Expressed objection to the application on behalf of Wasko Developments Inc. clie because it will negatively impact current residents’ enjoyment of their properties as not in keeping with the character of the neighbourhood.

Wasko Developments Inc. c/o Peter McClure

Expressed objection of the revised proposal and requested to be advised of future meeti or proceedings.

Telephone Peter Macauley Dyer Brown Law Firm

o Representing clients at 909 Southdale Road West. o General inquiry to discuss proposed plan. o Requested to be placed on the mailing list for any future noticeskorrespondence

Todd Brown Monteith Brown Planning Consultants 610 Princess Avenue London, ON. N6B 289

o Requested nature and status of application and requested that he be added to the mailing list for notice of decision.

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Appendix “ B

Bill No. ( ) 2007

By-law No. C.P.-1284( )

A by-law to amend the Official Plan for the City of London, 1989 relating to 849, 857 879, and 909 Southdale Road West.

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

Amendment No. ( ) to the Official Plan for the City of London Planning Area -

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

Follows:

1. 1989, as contained in the text attached hereto and forming part of this by-law, is adopted.

2. PlanningAcf, R.S.O. 1990, c.P.13.

PASSED in Open Council on July 16,2007

Anne Marie DeCicco-Best Mayor

Kevin Bain City Clerk

First Reading -July 16, 2007 Second Reading -July 16,2007 Third Reading -July 16, 2007

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Agenda Item # Page #

LILI AMENDMENT NO.

to the

OFFICIAL PLAN FOR THE CITY OF LONDON

A. PURPOSE OF THIS AMENDMENT

The purpose of this Amendment is:

1. To change the designation on the north portion of 849, 857 and 879 Southdale Road W, and all of 909 Southdale Road W from Low Density Residential to Multi- family, High Density Residential; the north-west portion of 879 Southdale Road W from Low Density Residential to Community Shopping Area; and to change the designation of the subject lands east of Tillmann Road from Low Density Residential to Multi-family, Medium Density Residential on Schedule “ A - Land Use, to the Official Plan for the City of London to allow for the extension of the Community Shopping Area designation, as well as allow apartment buildings, convenience commercial and restricted office uses along the Southdale Road W frontage, and multi-family medium density residential uses east of Tillmann Road.

To change Section 3.5.12. North Talbot Community to include a reference for lands designated Multi-family, High Density Residential as it applies to residentiallcommercial development and the scale of development.

,

2.

6. LOCATION OF THIS AMENDMENT

1. This Amendment applies to lands located at 849, 857, 879 and 909 Southdale Road West in the City of London.

C. BASIS OF THE AMENDMENT

The subject lands are designated Low Density Residential and the amendment is for a portion of the lands to be changed to Multi-family, Medium Density Residential; Multi-family,High Density Residential; and Community Shopping Area.

The applicant is requesting a Multi-family, Medium Density residential (MDR) designation on the portion of their land east of Tillmann Road extension. The medium density designation permits multiple-unit residential developments having a low rise profile, with a maximum density of 75 units per hectare (30 units per acre). Uses may include row houses, cluster houses, low-rise apartment buildings and certain specialized residential facilities such as small scale nursing homes. Uses permitted within the low density residential designation may also be considered in the medium density designation. The North Talbot Community Plan recommended the entire subject site to be Low/Medium Density Residential. As such, the requested designation is consistent with the intent of the Community Plan. The Official Plan policies support a MDR designation in this location because it would be located adjacent to a Multi-family, High Density Residential (HDR) designation, if approved, and because the block abuts an arterial road (Southdale Road W) and fronts on to a secondary collector street (Tillmann Road). The special policy for North Talbot Community (Section 3.5.12) identifies that small grouping of multiple- attached dwellings, such as street townhouses may be permitted along collector street frontages. The site is of a suitable shape and size to accommodate medium density housing and serves as a transition to the adjacent low density residential uses proposed to the east of the multi-family block.

The applicant is requesting a Multi-family, High Density residential (HDR) designation on Blocks 133 and 134 of the draft plan of subdivision, predominantly along the frontage of their lands adjacent to Southdale Road W. The proposed blocks comprise a total area of 3.34 hectares (8.25 acres). A high density residential designation on the subject blocks would permit large-

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scale, multiple-unit forms of residential development with a low rise and/or high rise profile and certain specialized residential facilities.

The applicant has identified the blocks to accommodate a potential of 428 units which equates to a density of 128 units per hectare. It is noted that based on the recommended density of 150 units per hectare, Blocks 133 and 134 could accommodate up to 501 units or approximately 817 persons (based on occupancy of 1.63 persons per unit).

The applicant is also requesting an extension to the Community Shopping Area designation on an area comprising 0.629 hectares (1.55 acres). The extension is minor in nature and maintains the nodal configuration at the intersection of Colonel Talbot Road and Southdale Road W. As such, the recommended amendment is consistent with the intent of the North Talbot Community Plan and Official Plan.

The Planning Division has initiated a review (0-7380) of the land use designation for the property located at 909 Southdale Road W. The purpose of the review is to ensure that provisions are made to adequately integrate the 909 Southdale Road W property with the Westfield Village development in terms of a similar land use designation, access arrangements and integration of development. The recommended High Density Residential designation is appropriate for the future use of the property at 909 Southdale Road W and the recommended designation is consistent with the 2005 Provincial Policy sthtement.

This recommended Official Plan amendment for Multi-family, Medium and High Density Residential and Community Shopping Area designations is consistent with the 2005 Provincial Policies (Sections 1 .I .3.7 and 1.4.3) which encourages new development that is adjacent to the existing built-up area and contributes to compact form, and provides a mix of uses and range of housing types and densities that allow for the efficient use of land, infrastructure public transit.

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:

a) designating those lands located on the north portion of 849, 857 and 879 Southdale Road W, and all of 909 Southdale Road W from Low Density Residential to Multi-family, High Density Residential, as indicated on "Schedule 1" attached hereto;

designating those lands located on the north-west portion of 879 Southdale Road W from Low Density Residential to Community Shopping Area as indicated on "Schedule 1" attached hereto; and

designating those lands located on the east side of Tillmann Road from Low Density Residential to Multi-family, Medium Density Residential, as indicated on "Schedule 1" attached hereto.

b)

c)

2. Section 3.5.12 North Talbot Community to the Official Plan for the City of London Planning Area is deleted and replaced with the following policy:

3.5.12. North Talbot Community

The following policy applies to lands bounded by Southdale Road to the north, Bostwick Road to the east, Pack Road to the south and Colonel Talbot Road to the west, in keeping with the North Talbot Area Plan, as adopted pursuant to Section 19.2.1. of the Official Plan, as a guideline document for the review of development applications.

Within this area, lands designated Multi-Family, Medium Density Residential may include mixed use areas consisting of residentiallcommercial development in the

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form of small scale, pedestrian oriented neighbourhood serving commercial uses and small scale office buildings located as community focal points within the larger area. Small groupings of low rise apartments may surround the mixed use areas in accordance with the density and height limitations of section 3.3.3. Scale of Development of the Multi-Family, Medium Density Residential designation. Zoning on individual sites may not allow for the full range of permitted uses.

The primary permitted uses in accordance with Section 3.2.1. Permitted Uses may be mixed along the local and collector street frontages. Small groupings of multiple attached dwellings, such as street townhouses, may be permitted along a residential streetscape in accordance with the density and height limitations of section 3.3.3. Scale of Development of the Multi-Family Medium Density Residential designation. Zoning on individual sites may not allow for the full range of permitted uses.

Consideration may be given to alternative development standards and associated zoning regulations intended to brovide for a more efficient utilization of land and to achieve an overall community design concept, where urban design guidelines have been approved by Council to address such matters as building form and massing, treatment of residential facades and design of commerciallresidential mixed use buildings and sites. Urban design guidelines must be approved prior to draft plan of subdivision approval. Alternative development standards and regulations may include, but are not limited to: reduced road allowance widths, the use of rear lanes, neighbourhood parkettes, and reduced front yard setbacks to bring building facades closer to the street.

For the Multi-family, Medium Density Residential and High Density Residential lands adjacent to Southdale Road W, design guidelines have been developed through the Community Plan process, which encourage street-oriented development, discourage noise attenuation walls along arterial roads, and encourage a high standard of design compatibility. New development should be designed and approved consistent with the Talbot Community Urban Design guidelines.

For the portion of lands located on the south side of Southdale Road W, and designated Multi-family High Density Residential, a maximum building height of 40 metres (131 ft.) will be permitted provided the development is consistent with the design objectives of Talbot Community Design Guidelines.

In the areas designated Low Density Residential on Schedule " A Land Use, and delineated as Vegetation Patches on Schedule "B" Flood Plain and Environmental Features, and identified as Canopy Retention Areas in the North Talbot Area Plan, a vegetative management plan identifying the best clusters of the woodland to protect for canopy retention, and a management program designed to reduce impacts on retained vegetation during construction must be prepared for consideration in the review of development proposals.

40

LEGEND DOWNTOWNAREA REGIONAL SHOPPING AREA COMMUNITY SHOPPING AREA NEIGHBOURHOOD SHOPPING AREA A S S O C I A ~ D SHOPPING AREA COMMERCIAL BUSINESS DISTRICT ARTERIAL MIXED USE DISTRICT HIGHWAY SERVICE COMMERCIAL RESTRICT+D/HIGI-WAY SERVICE COMMERCIAL RESTRICTED SERVICE COMMERCIAL COMMERCIAL POLICY AREA MULTI -FAMILY. HIGH DENSITY RESIDENTIAL MULTI -FAMILY. MEDIUM DENSITY RESIDENTIAL a UIW DENSITYRESIDENTIAL

r] DEFERRED AREAS

OFFICEAREA -- AREAS OAICURESIDENTIAL f- ,I UNDER APPEAL

OFFICE BUSINESS PARK GENERAL INDUSTRIAL LIGHT INDUSTRIAL REGIONAL FACILITY COMMUNITY FACILITY OPEN SPACE URBAN RESERVE - COMMUNITY GROWTH URBAN RESERVE - INDUSTRIAL GROWTH - RURAL SElTLEMENT

[7 AGRICULTURE

II$ URBAN G R O W BOUNDARY

ENVIRONMENTAL REVIEW

THIS IS AN EXCERPT FROM THE PLANNING DIVISION'S WORKING CONSOLIDATION OF SCHEDULE A TO THE CITY OF WNDON OFFICIAL PLAN, WITH ADDED NDTAllONS

.

FILE NO.

-39F07501 HM

MAP PREPARED: SCHEDULE 1

OFFICIALPLAN TO

AMENDMENT NO.

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June 21,2007 CK

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H.McNeely139T-07501/02-6795/0-7380

APPENDIX "C"

Bill No. ( ) 2007

By-law No. 2.-1-07

A by-law to amend By-law No. Z.-1 to rezone an area of land located at part of 849,857 and 879 Southdale Road West.

WHEREAS Westfield Village Estates Inc. has applied to rezone an area of land located at part of 849, 857 and 879 Southdale 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 ( ) this rezoning will conform to the Official Plan;

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

1. Schedule '"A to By-law No. Z.-1 is amended by changing the zoning applicable to lands located at 849, 857 and 879 Southdale Road West, as shown on the attached map comprising part of Key Map No. 141 from an Urban Reserve (URI) Zone to a Holding Residential R1 (h.Rl-13) Zone; a Holding Residential R1 (h.h-63.R1-13) Zone; a Holding Residential R1 Special Provision (h.Rl-3(7)); a Holding Residential R4 Special Provision (h. h-56. h-( ). R4-6 (6)) Zone; a Holding Restricted OfficelResidential RS/Convenience Commercial (h.h-5.h-53. h-55. h-56.ROZ/R9-7.H40/CC6) Zone; a Holding Residential R9 (h.h-5.h-53.h-55.h-56 R9-7.H40) Zone; and a Holding Community Shopping Area (h. h-55. h-( ).CSA3) Zone.

Section Number 3.8 Zones and Symbols to By-law No. 2.-1 is amended by adding the following Holding Provision:

Purpose: To ensure that there is a consistent lotting pattern in this area, the "h- -" symbol shall not be deleted until the part block has been consolidated with adjacent lands.

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.

2.

h,

PASSED in Open Council on July 16,2007.

Anne Marie DeCicco-Best Mayor

Kevin Bain City Clerk

First Reading - July 16, 2007 Second Reading - July 16, 2007 Third Reading - July 16, 2007

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Agenda Item # Page #

File Number: 39t-07501

Planner: HMcN

Date Prepared: 2007/06/25

Technician: CMHlCK

By-Law No: Z.-l-

SUBJECT SITE

SCALE 1:5000

0 100 Meters

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APPENDIX 39T-07501-1 (Conditions to be included for draft plan approval)

THE CORPORATION OF THE CITY OF LONDON'S CONDITIONS AND AMENDMENTS TO FINAL APPROVAL FOR THE REGISTRATION OF THIS SUBDIVISION, FILE NUMBER 39T- 07501 ARE AS FOLLOWS:

NO.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

CONDITIONS

This draft approval applies to the red-line amended draft plan submitted by Westfield Village Estates Inc., prepared by EngPlus, certified by Bruce S. Baker, O.L.S., File No. 39T-07501, (Project No. 05.074, dated August 18, 2006 and revised May 29, 2007), which shows 131 single detached residential lots, one multi-family, medium density block, one officehesidentiallconvenience commercial block, and one commercial block, served by two new streets and two street extensions (Pomeroy Lane and Tillmann Road).

This approval of the draft plan applies for five years, and if final approval is not given by that date, the draft approval shall lapse, except in the case where an extension has been granted by the Approval Authority.

The road allowances included in this draft plan shall be shown on the face of the plan and dedicated as public highways.

The street@) shall be named to the satisfaction of the Manager of Subdivision and Special Projects.

The municipal address shall be assigned to the satisfaction of the Manager of Subdivision and Special Projects.

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

Prior to final approval, the Approval Authority shall be advised by the City Clerk of the City of London that appropriate zoning is in effect for this proposed subdivision.

The owner shall in an agreement to satisfy all the requirements, financial and otherwise, of the City of London including, but not limited to, surfacing of roads, installation and maintenance of services, drainage and grading, tree planting and tree preservation.

The subdivision agreement between the owner and the City of London shall be registered against the lands to which it applies.

The owner shall grant to the appropriate authorities such easements as may be required for utility or drainage purposes.

The subdivision agreement between the owner and the City of London may contain phasing arrangements to the satisfactory to the General Manager of Planning and Development and the City Engineer.

The owner shall implement the requirements of the City of London concerning sedimentation and erosion control measures during all phases of construction. The Owner's consulting engineer shall have these requirements established and approved by the City Engineer, prior to any work on the site. Prior to the commencement of any grading or alteration on site, the owner shall enter into a site alteration agreement or a subdivision agreement and post the required security.

The owner shall not commence construction or install of any services (eg. Clearing or

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servicing of land) involved with this plan prior to entering into a site alteration agreement or subdivision agreement and obtaining all necessary permits, approvals andlor certificates that need to be issued in conjunction with the development of the subdivision, unless otherwise approved by the General Manager of Planning and Development in writing; (eg. MOE certificates; CitylMinistrylAgency permits: Approved Works, water connection, water-taking, navigable waterways; approvals: UTRCA, MNR, MOE, City; etc; etc.).

Prior to the submission of engineering drawings, the owner shall have a report prepared by a qualified consultant, and if necessary a detailed hydro geological investigation carried out by a qualified consultant, to determine the effects of the construction associated with this subdivision on the existing ground water elevations and domestic or farm wells in the area, to the satisfaction of the City Engineer. If necessary, the report shall also address any contamination impacts that may be anticipated or experienced as a result of the said construction. Any recommendations outlined in the report shall be reviewed and approved by the City Engineer, included in the pertinent agreement@) with the City of London prior to any work on the site. Should any remedial works be recommended in the report, the Owner shall complete these works to the satisfaction of the City, at no cost to the City, as part of the servicing for this subdivision.

Prior to the submission of engineering drawings, the owner shall have a hydrologist's report prepared by a qualified consultant which ascertains the shallow ground water levels at the perimeter of the development prior to any construction on the site. The subdivision agreement shall contain provisions which require the subdivider to connect any abutting property owner to the City water supply, at no cost to the City or the property owner, should it be determined that construction of the subdivision had a negative impact on the domestic well water supply of the abutting property owner.

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

Prior to the submission of engineering drawings, the owner shall have its professional engineer to determine the need for an Environmental Assessment under the Class EA requirements for the provision of any services related to this plan. No construction involving installation of services requiring an EA is to be undertaken prior to fulfilling the obligations and requirements of the Province of Ontario's Environmental Assessment Act.

14.

15.

16.

17.

PARKLAND I NATURAL HERITAGE SYSTEM 18. That the owner make a cash payment in lieu of the 5% parkland dedication or 1 hectare

of parkland per 300 units for residential lands, based on in effect zoning, and 2 % parkland dedication for commercial lands pursuant to City of London By-law CP-9.

19. Prior to submission of engineering drawings, the owner will evaluate the stream corridorlClass F Drain and implement the requirements for a piped system, to the satisfaction of the General Manager of Planning and Development, the City Engineer, and the Upper Thames River Conservation Authority.

Prior to issuance of the Conditional Certificate of approval by the City or gradinglearth moving whichever occurs first, the owner shall obtain the necessary approvals and permits required for any alterations which are proposed to the Class F Drain, in accordance with Section 35 of the Federal Fisheries Act, to the satisfaction of the Upper Thames River Conservation Authority.

As part of the submission of engineering drawings, the owner shall implement the recommendations of the accepted Tree Preservation Report, prepared by EngPlus (dated November 23, 2006), including preservation of an identified tree line with a six metre wide tree preservation buffer at the rear of the proposed single detached lots (lots 1 to 7).

20.

21.

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The owner shall implement the street tree planting requirements as per the standard cash-in-lieu subdivision conditions.

21.

ROADS 22. At the time of development, the owner shall install signage as the streets are

constructed, indicating "Possible Future Transit Stop Area" in the approximate stop locations. The exact stop locations shall be field located as the adjacent sites are built, at which time the developer shall install a 1.5 metre wide concrete pad between the curb and the boulevard, at the finalized stop locations.

Prior submission of engineering drawings, the Owner shall undertake a traffic impact study in accordance with the Traffic Impact Study Guideline. This study shall be completed to the satisfaction of the City Engineer prior to the submission of servicing drawings. This study shall also determine the impact of development on local and collector streets with the proposed plan. This study may need to be updated depending upon the timing and phasing of development.

Prior to submission of engineering drawings, as part of the traffic impact study, the owner shall undertake an access management plan for Southdale Road West prior to the submission of servicing drawings, to the satisfaction of the City Engineer. This plan will include the integration of access for lands to the west and 909 Southdale Road West should this property redevelop in the future.

Prior to submission of engineering drawings, the Owner shall verify the adequacy of the decision sight distance on Tillmann Road and Pomeroy Lane at Southdale Road. If the sight lines are not adequate, roadwork is to be undertaken to establish adequate decision sight distance.

The Owner shall construct Tillmann Road at Southdale Road West in alignment with the existing Tillmann Road on the north side of Southdale Road West and shall construct Tillmann Road at the south limit of this draft plan of subdivision in alignment with the proposed Tillmann Road in Talbot Village Phase 2 (39T-00514).

Tillmann Road from Southdale Road West to 45 metres (150') south is to have a minimum road pavement width (excluding gutters) bf 11.0 metres (36.1') with a minimum road allowance of 22.5 metres (75'). The widened road on Tillmann Road is to be equally aligned from the centerline of the road and tapered back to the 9.5 metres (31.2') of road pavement width (excluding gutters) and 21.5 metres (70') of road allowance width for this street with 30 metre (100') long tapers on both street lines. The Owner shall increase the length of this widening if the traffic impact study indicates the need for a longer left turn lane on Tillmann Road.

The owner shall construct an eastbound right turn lane on Southdale Road at Tillmann Road with sufficient storage and taper to accommodate the traffic demand anticipated as a result of the full build out of the North Talbot Area.

The owner is required to construct curb and gutter along the Southdale Road frontage to the extent and satisfaction of the City Engineer.

The Owner shall be required to make minor boulevard improvements on Southdale Road West 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 owner shall install traffic signals at the intersection of Southdale Road and Tillmann Road when determined warranted by the City Engineer.

The owner shall construct a right turn lane on Southdale Road at Pomeroy Lane with sufficient storage and taper to accommodate the traffic demand anticipated as a result of the full build out of the North Talbot Area.

23.

24.

25.

26.

27.

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H.McNeely/39T-07501/0Z-6795/0-7380

The Owner shall restrict access from Pomeroy Lane onto Southdale Road West to right in and right out only through the construction of a centre median island on Southdale Road West or other method approved by and to the satisfaction of the City Engineer.

The owner shall apply a site design and noise abatement measures that do not include a noise attenuation wall(s) and, at the time of site plan approval, shall have a qualified acoustical consultant prepare a noise study concerning the impact of traffic noise between Blocks 132, 133 and 134 and Southdale Road W along the north limit of this plan. Such measures shall be in accordance with the requirements of the M.O.E. to be reviewed and accepted by the General Manager of Planning and Development.

The owner shall construct all noise attenuation measures on non public lands and within the dwelling units for Blocks 132, 133 and 134 along the north limit of this plan, all at the owner’s expense.

Prior to the submission of servicing drawings, in order to address the issue of on-street parking within small lot developments, the owner shall finalize and agree to implement an on-street parking plan, whereby one on-street parking space for each two dwelling units is to be used as the basis for the design, to the satisfaction of the General Manager of Planning and Development. The approved parking plan is required for each registered phase of development and will form part of the subdivision agreement for the registered plan.

The owner shall agree to pre-approve the submission of any building permit applications to ensure the building permit applications are consistent with the approved on-street parking plan.

The Owner shall incorporate barrier curbs on the submission of the revised parking plan and servicing drawings, and shall implement the installation of the required barrier curbs.

The Owner shall agree that no vehicular access will be permitted to Blocks 132, 133 and 134 from Southdale Road West. All vehicular access is to be via the internal subdivision streets.

The Owner shall agree to 0.3 metre (I ft) reserve blocks at the south limit of Tillmann Road, south limit of Pomeroy Lane, and along the entire frontage of the draft plan along Southdale Road W.

The Owner shall agree, that as a condition of site plan approval, to enter into a joint internal driveway agreement for Block 134 with the property to the west located at 3100 Colonel Talbot Road to minimize the number of accesses required to Southdale Road West.

Prior to submission of engineering drawings, the Owner shall demonstrate to the satisfaction of the General Manager of Planning and Development how the property at 909 Southdale Road W lands can be served through the internal subdivision road network or integrated into internal laneways should these lands be developed in the

Prior to the submission of engineering drawings, the Owner shall submit a plan developed in the context of the road network established that identifies the traffic calming measures required along subdivision streets to discourage excessive vehicle speeds and to include the following traffic calming measures:

i) curb extensions along the west side of Tillmann Road from Southdale Road West to the south limit of the plan of subdivision with the parking bay removed for utilities (fire hydrants) and for transit stop locations as defined by the London Transit Commission, curb extensions along the east side of Pomeroy Lane from Southdale Road West to the southerly limit of the plan of subdivision with the parking bay removed for utilities (fire hydrants) and for transit stop locations as defined by the London Transit Commission.

ii)

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reduced curb radii (5.0 metres) on the inbound approach to all roads intersecting Tillmann Road.

iii)

The traffic calming measures selected for these locations are subject to the approval of the Transportation Planning & Design Division and are to be designed and constructed to the satisfaction of the City Engineer.

The owner shall be required to dedicate 6.0 x 6.0 ”daylighting triangles” at the intersection of Tillmann Road with Southdale Road Wand Pomeroy Lane with Southdale Road W.

The owner shall dedicate 3.0m x 3.0m “daylighting triangles” at the intersection of Pomeroy Lane and Raleigh Boulevard, and Tillmann Road and Raleigh Boulevard to satisfy requirements necessary for servicing bus transit routes, as specified by the City Engineer.

42.

43.

44.

45.

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

i) Tillmann Road ii) Pomeroy Lane

b) The Owner shall construct a 1.5 metre (5’) sidewalk on one side of the following streets:

i) Southdale Road West - along the entire frontage of plan including across the frontage of 909 Southdale Road West, as a temporary sidewalk if necessary

ii) Street ‘A - outside boulevard of “ P loop, west of Pomeroy Lane and south boulevard, east of Pomeroy Lane

iii) Street ‘B’ - east and north boulevard

The Owner shall be required to dedicate sufficient land to widen Southdale Road West to 18.0 metres (59.06) from the centerline of the original road allowance or existing road.

40. The Owner shall install street lighting along the Southdale Road West frontage including the frontage of 909 Southdale Road West abutting this subdivision as determined to be warranted by and to the specifications of the City Engineer.

The Owner shall be required to install street lighting at the intersection of Southdale Road West at Tillmann Road to the satisfaction of the City Engineer prior to any Certificate of Conditional Approval being granted in this plan.

42. The Owner shall install street lighting at the intersection of Southdale Road West at Pomeroy Road to the satisfaction of the City Engineer prior to any Certificate of Conditional Approval being granted in this plan.

41.

The Owner shall establish and maintain a Traffic Management Plan (TMP), when directed by the City, in conformance with City guidelines and to the satisfaction of the City Engineer for any construction activity that will occur on existing public roadways needed to provide services for this plan of subdivision. The TMP is a construction scheduling tool intended to harmonize a construction project‘s physical requirements with the operational requirements of the City of London, the transportation needs of road users and access concerns of area property owners. The Owner’s contractor(s) shall undertake the work within the prescribed operational constraints of the TMP. The TMP will be submitted and become a requirement of the subdivision servicing drawings for this plan of subdivision.

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47. The Owner shall construct Tillmann Drive to secondary collector road standards. Depending on the results of the Traffic Impact Study, Pomeroy Lane may be required to be constructed as a secondary collector road with a minimum road allowance of 21.5 metres.

STORMWATER MANAGEMENT

48. The Owner shall as part of the submission of engineer servicing drawings, have a consulting professional engineer design the proposed temporary stormldrainage and SWM system to service the proposed lands, all to the satisfaction of the City Engineer and according to the requirements of the following:

i)

i i)

iii)

iv)

V)

vi)

The City’s drainage and lot grading standards, stormwater management (SWM) targets and criteria for the Dingman Creek Subwatershed Study, SWM Pond Guidelines, and the approved Drainage and Lot Grading Plans for this plan;

The accepted North Talbot Servicing Plan for the proposed permanent stormldrainage and SWM servicing for the subject lands;

The Functional temporarylpermanent Storm Drainage and Stormwater Management System Report for subject lands;

The Ministry of the Environment‘s SWM Practices Planning and Design Manual;

All applicable Acts, Policies, Guidelines, standards and requirements of the applicable SWM agencies including the City, Ministry of the Environment and the Upper Thames River Conservation Authority;

All works to be constructed shall be to the satisfaction of the City Engineer.

49. The Owner shall agree to 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 volume in the case of a SWM facility. The Owner’s payments to third parties, shall:

i) commence upon completion of the Owner’s service work connections to the existing

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

50. Prior to submission of engineering servicing drawings, the Owner shall have its consulting Professional Engineer identify the major and minor storm flow routes for the total catchment area of the Talbot Village Regional Facility #2, all to the satisfaction of the City Engineer.

The Owner shall have its consulting Professional Engineer develop an ErosionlSediment Control (ESC) plan that will identify all erosion and sediment control measures and that will be in accordance with City and MOE standards and requirements, all to the specifications and satisfaction of the City Engineer. This plan is to include measures to be used during all phases of construction. The Owner’s professional engineer shall submit this ESC plan as a component of the Functional StormlDrainage and SWM Servicing Report and shall have these measures established and approved by the City Engineer prior to any work on the site.

unassumed services; and

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The Owner shall promote implementation of SWM soft measure BMP’s in the construction of this subdivision. The acceptance of these measures by the City will be dependent on adequate geotechnical conditions being present on the site, all as approved by the Environmental Services Department.

Prior to the submission of engineering drawings, the owner shall provide confirmation to the General Manager of Planning and Development of either one of the following:

a. the owner of 39T-00514-2 has commenced construction of Talbot Village Regional Facility #2 and related conveyance system; or

b. the owner has secured easements from the owner of 39T-00514-2 for the construction of Talbot Village Regional Facility #2 and related conveyance system to accommodate the subject plan.

rARY The owner shall not submit a request for the preparation of a subdivision agreement until the current capacity deficiencies at the Oxford Pollution Control Plant are resolved and capacity is available for allocation at the Oxford Pollution Control Plant.

Prior to the submission of engineering servicing drawings, the Owner shall enter into an agreement administered by the City of London and at no cost to the City, for the purchase of capacity from the owner of the Temporary Talbot Village Pumping Station and Forcemain regarding flows tributary to the Temporary Talbot Village Pumping Station and Forcemain. The agreement shall require the Owner to contribute toward future operating costs of the temporary Talbot Village Pumping Station and Forcemain until such time as this facility is abandoned.

a) Prior to the submission of engineering drawings for works within this subdivision, the owner shall enter into an agreement with the City and administered by the City to provide for the payment to make needed improvements in the downstream sanitary sewers and provide for capacity in the downstream,sanitary sewers,

b) Prior to entering into the aforementioned agreement, the owner shall confirm the requirements for any downstream improvements and shall provide a detailed costing of the downstream improvements needed and the resulting capacity generated, and

c) The owner shall agree the temporary works to be constructed are neither claimable nor require any capital contribution from the City.

As an alternative to Condition 43, the owner shall pay costs for the downstream sewer upgrades as determined in accordance with any area rating by-law which comes into effect relating to the construction of works to service lands within the North Talbot Community Plan area.

Where street townhouses are planned for any sites in this subdivision, the Owner shall make provisions for the installation of separate sanitary private drain connections and water services, all connecting to municipal sewers or water mains, for each individual street townhouse unit, and for adequate storm private drain connections, all as specified by the City Engineer and in accordance with applicable City standards.

The Owner shall agree to construct the sanitary sewers from the south limit of this site along the existing easements that the City holds to Settlement Trail if these sewers are not constructed by others when this plan proceeds.

The Owner shall agree that he may be required to oversize sanitary sewers for the future servicing of lands upstream of the subject lands.

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WATER 61. The owner shall provide "looping" of the watermain system constructed for this

subdivision prior to more than 80 units being developed andlor depending upon the phasing and limits at the time of development, all to the specifications of the City Engineer.

The Owner shall as part of the submission of engineering servicing drawings have its professional engineer provide a water servicing report which addresses the following:

62.

i) ii) iii) iv)

v) vi) vii) ix) X)

identify external water servicing requirements; confirm capacity requirements are met; identify need for the construction of external works; identify the effect of development on existing water infrastructurelidentify potential conflicts; water system area plan(?.); water network analysislhydraulic calculations for subdivision report; phasing report; oversizing of water main/cost sharing agreements; All works to be constructed shall be to the satisfaction of the City Engineer.

63. The Owner shall agree to connect the proposed watermains to serve this plan to the existing municipal 400 mm (16) diameter water main on Southdale Road West at proposed Tillmann Drive, the existing municipal 600 mm (24) diameter watermain on Southdale Road West at proposed Pomeroy Lane.

OTHER SERVICES 64. Prior to final approval, the owner shall enter into an agreement with the City which

requires that any affected services, including the SWM facilities, be constructed, operated and maintained in conjunction with this plan, to the satisfaction of the City Engineer, and the General Manager of Planning and Development.

The owner shall obtain approval from the London Fire Department prior to any burning of materials on-site be contemplated.

The Owner shall ensure and agree there is no disturbance to the existing Union Gas pipeline running along the south side of Southdale Road W and shall comply with all restrictions and recommendations of Union Gas' design requirements with respect to construction in the vicinity of the pipeline, all to the satisfaction of Union Gas.

The Owner shall agree to have a warning clause registered on title for all offers of purchase and sale for Blocks 132, 133, 134 and 135 which advises purchasers and any subsequent owners, the existence of a Natural Gas pipeline abutting their property. The wording of this warning clause is identified as follows:

65.

66.

67.

"A NATURAL GAS PIPELINE IS LOCATED ALONG SOUTHDALE ROAD W IN FRONT OF THE PROPERTY. NO PERMANENT STRUCTURES ARE PERMITTED TO BE BUILT OVER THE GAS UTILITY EASEMENT THAT MAY LIMIT THE NATURAL GAS COMPANY'S ABILITY TO PERFORM MAINTENANCE, AND TO CONTACT NATURAL GAS COMPANY PRIOR TO COMMENCING ANY WORK, INCLUDING DRIVEWAYS, AND LANDSCAPING WITHIN THE EASEMENT. "

68. With respect to any services andlor facilities constructed in conjunction with this plan, the Owner shall agree to permit the connection into and use of the subject services andlor facilities by outside owners whose lands are served by the said services andlor facilities, prior to the said services andlor facilities being assumed by the City.

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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 andlor monitoring costs of any affected unassumed services and/or facilities.

DESIGN 69. That prior to final approval for Block 132 proposed for street townhouse dwellings, the

owner shall agree to make the necessary arrangements to establish a minimum of a one (1 .O) metre side yard and rear yard maintenance easement where the units to be built do not provide direct access to the rear yard from the garage for "internal unit" (not "end unit") owners.

Prior to submission of engineering servicing drawings, urban design guidelines for the North Talbot Community and implementation processes, to be appended to the subdivision agreement, shall be updated to include the draft plan lands, include reference to design criteria for high density residential development, to address building forms and massing treatment of residential facades, community edges and gateway features, and street architecture and landscaping; and identify Southdale Road W as an arterial road edge, to the satisfaction of the General Manager of Planning and Development.

The owner shall agree that, prior to submission of all building permits, its approved design consultant shall review and endorse all applications for building permits and shall submit a certificate of compliance in accordance with the approved urban design guidelines at no cost to the City of London, and to the satisfaction of the General Manager of Planning and Development. The approved design consultant shall be responsible for reviewing all permit applications with respect to the exterior design criteria for all buildings, landscape areas and other development within the plan in the context of the approved Talbot Community Urban Design Guidelines. The purpose is to ensure a high quality of urban design, architecture and landscape standards and construction. This requirement shall be to the satisfaction of the City of London and applied on an on going basis throughout the development of the North Talbot Community.

The owner shall have a qualified acoustical consultant prepare a noise study concerning the impact of noise between lots 34 to 48, inclusive and the abutting commercial operation and proposed commercial use located to, the west and north of this plan. Such measures shall be in accordance with the requirements of the M.O.E. to be reviewed and accepted by the City Engineer and the 'General Manager of Planning and Development. The owner shall agree to implement the recommendations of the noise study, to the satisfaction of the General Manager of Planning and Development.

Prior to submission of engineering servicing drawings, the owner shall revise the location of the walkway blocks (Blocks 136 and 137) on the plan, if determined, to provide suitable pedestrian access between the residential and commercial uses.

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.

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.

That prior to final approval of this plan and subject to the satisfaction of the Thames

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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".

Prior to final approval of lots 48 to 57 inclusive, lot 86, lots 108 to 120 inclusive and lot 131, the owner shall construct a 1.8 metre high solid board privacy fence along the rear property line where there is an interface with multi-family high density residential use.

That prior to final approval, the Owner shall advise the Approval Authority in writing how each of the conditions of draft approval has been met.

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a)

9

APPENDIX 39T-07501-2 (Municipal Requirements for the Subdivision Agreement)

SEWERS & WATERMAINS

Sanitarv:

The ultimate sanitary sewer outlet for these lands is through the Phase 2 Talbot Village Subdivision lands. The Owner shall provide municipal land/easements and construct the sanitary sewers in accordance with the approved Talbot Village Area servicing plan, all to the satisfaction of the City Engineer and at no cost to the City. A holding provision to indicate that there are no municipal sewers in place to service this site will be required with respect to the zoning portion of this application.

The Owner shall design and construct sewers within the limit of this plan in accordance with the ultimate servicing plan for this area, in order to adequately construct sewers to be able to service external drainage areas upstream of the subject lands.

The Owner shall convey easements to the City of London for the extension of future trunk sewers to the limit of the site if the plan develops in phases.

Prior to registration of the plan, the Owner shall enter into an agreement administered by the City of London and at no cost to the City, for the purchase of capacity from the owner of the Temporary Talbot Village Pumping Station and Forcemain regarding flows tributary to the Temporary Talbot Village Pumping Station and Forcemain. The agreement shall require the Owner to contribute toward future operating costs of the temporary Talbot Village Pumping Station and Forcemain on a proportional flow basis until such time as this facility is abandoned.

The Owner acknowledges that constraints have been identified in the downstream sanitary sewer system and shall confirm the need for any downstream improvements. The City intends to create an Area Rating By-law to recover the expenses of these upgrades. The Area Rating By-law will apply to the Owner. Prior to the registration of the plan, the By-law is to be in effect and the upgrades of the downstream sewers are to be completed. All downstream improvement works are temporary works and shall be completed at no cost to the City. This includes costs for design and administration.

It is acknowledged by the Owner that the capacity of the Talbot Village Pumping Station is 57 Lls. The associated downstream sanitary sewer improvements will be designed and constructed for a total flow of 57 Us from the Talbot Village Pumping Station. Where the flows contributed from this site may be more than those anticipated by the original Talbot Village Area Plan (based on the land use and proposed population or equivalent population), lands shall be held out of development through the use of holding provisions.

Currently there exists no reserve capacity at the Oxford Pollution Control Plant for the proposed development, and no development of this site should occur until such capacity is available, as determined by the City Engineer. With respect to the rezoning portion, a holding provision has beeen applied to the site to address the lack of reserve capacity. Should this application be permitted to proceed, oqce capacity is available at the Oxford Pollution Control Plant, the following shall apply:

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

The Owner acknowledges that, if treatment capacity is available at the said treatment plant at the time the subdivision agreement is prepared, then capacity for this

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subdivision will be reserved at that time by the City Engineer on the condition that registration of the subdivision agreement and the plan of subdivision occur within one (1) year of the date specified in the subdivision agreement.

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

Storm and Stormwater Management:

The interim storm outlet for the subject lands, which are located within the Dingman Creek subwatershed, is the Dingman Creek via the proposed Stormwater Management (SWM) works and related servicing.

The ultimate outlet for the subject lands will be the 'Dingman Creek via the proposed Talbot Village Regional SWM Facility #2 and related servicing.

The Owner acknowledges that the holding provision has been applied to the subject lands until the stormldrainage servicing for this site is completed and operational, to the specifications and satisfaction of the City Engineer.

The Owner shall ensure that increased and accelerated stormwater runoff from this subdivision shall not cause damage to downstream lands, properties or structures beyond the limits of this subdivision and notwithstanding any requirements of the City, or any approval given by the City Engineer, the Owner shall indemnify the City against any damage or claim for damages arising out of or alleged to have arisen out of such increased or accelerated stormwater runoff from this subdivision.

Water Mains:

A holding provision has been applied to enforce the requirement for confirmation from the owner's professional engineer that the watermain system has been looped to the satisfaction of the City Engineer when development is proposed to proceed beyond 80 units.

The Owner shall obtain all necessary approvals from the City Engineer for individual servicing of blocks in this subdivision, prior to the installation of any water services for the blocks.

General:

The Owner shall connect the sewers and water mains to be constructed in this subdivision to the existing outlets and watermain@) to the specifications of the City Engineer.

The Owner shall 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 shall provide satisfactory easements over the sewers as necessary, all to the specifications of the City Engineer.

The Owner shall agree 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 shall 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.

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The Owner shall notify all future developers that sewage control manholes, built to City of London standards, may be required for each individual lot in accordance with Industrial Waste By-law, No. W-982-188.

The Owner shall agree not to allow any weeping tile connections into the sanitary sewers within this plan.

STREETS, TRANSPORTATION & SURVEYS

Roadway Alianments and Geometries:

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

Road Allowance i) 20 m ii) 19 m iii) 18 m

SIL Radius 9.0 m 9.5 m

10.0 m

At 'tee' intersections, the projected road centerline of the intersecting street shall 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 shall be determined based on the centerlines of the street aligning through their intersections thereby having these streets centered with each other, unless otherwise specified herein.

The Owner shall verify the adequacy of the decision sight distance on Pomeroy Lane at Southdale Road West. If the sight lines are not adequate, these roadways are to be relocated andlor road work undertaken to establish adequate decision sight distance.

Minimum Centreline of Road Radii:

The owner shall ensure that all streets in the subdivision are to have centerline radii which conform to the City of London Standard "Minimum Centreline Radii of Curvature of Roads in Subdivisions."

Road Widths:

Tillmann Road, north of 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).

Tillmann Road, south of Street 'A, is to have a minimum road pavement width (excluding gutters) of 9.5 metres (31.2') with a minimum road allowance of 20.0 metres (66').

Pomeroy Lane and Street 'A 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').

Street 'B' is to have a minimum road pavement width (excluding gutters) of 6.0 metres (19.7') with a minimum road allowance of 18 metres (60).

SidewalkslBikewavs:

The Owner shall construct 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.

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The Owner shall ensure that the pedestrian walkways, Blocks 135 & 136, are to be constructed to the "City Standard for Pedestrian Walkways", including lighting if necessary, in accordance with City requirements and standards. The Owner shall install street lighting along any walkways identified by and to the satisfaction of the City Engineer.

Boundarv Road Works:

The Owner shall modify existing pavement markings to provide a westbound left turn lane on Southdale Road at Tillmann Road. The, left turn lane should have sufficient storage and taper to accommodate the traffic demand anticipated as a result of the full build out of the North Talbot Planning Area.

The Owner may be required to construct a bicycle lane along Southdale Road West as identified in the Bicycle Transportation Master Plan.

Construction Access/Temoorarv/Second Access Roads:

The Owner shall utilize construction access routes designated by the City Engineer from time to time.

The Owner shall ensure that, in the event that an emergency access is required by the General Manager of Planning and Development for this subdivision, this will be subject to the satisfaction of 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.

General:

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

Information:

If the size and location of the commercial lands (Block 134) shown on the proposed plan remains the same, the Owner shall remove Pomeroy Lane north of Street 'C' and ensure no vehicular access to the commercial lands (Block 134) is permitted from the internal subdivision lands.

C. GENERAL CONDITIONS

1. The Owner shall have the common property line of Southdale 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 Southdale Road West are the future centerline of road grades as determined by the Owner's professional engineer and 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 of the City Engineer.

2. a) The Owner shall advise the City in writing at least two weeks prior to connecting, either directly or indirectly, into any unassumed services constructed by a third

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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:

The unassumed services must be completed and Conditionally Accepted by the City; The subdivider must have a video inspection completed on all affected unassumed sewers;

i)

ii)

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

The Owner agrees that if, during the building or constructing of all buildings or works and services within this subdivision, any deposits of organic materials or refuse are encountered, these deposits must be reported to the City EngineerKhief Building Official immediately, and if required by the City EngineerKhief Building Official, the Owner/contractor will, at his own expense, retain a professional engineer competent in the field of methane gas to investigate these deposits and submit a full report on them to the City 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 EnginedChief 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 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.

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

The Owner shall install standard barricadedwarning signs at the limits of dead end streets within this plan to the specifications of the City Engineer.

4.

5.

6.

7. The Owner shall provide minimum side yard setbacks as specified by the City Engineer for buildings which are adjacent to rear yard catch basin leads which are not covered by an easement on lots in this plan.

The Owner shall agree to have its engineer notify existing property owners in writing, regarding the sewer andlor road works proposed to be constructed on existing City

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streets in conjunction with this subdivision, all in accordance with Council policy for “Guidelines for Notification to Public for Major Construction Projects”.

10. a) It is recognized that the blocks in this plan may be further subdivided by means of lifting Part Lot Control. Further, prior to assumption of each street in the subdivision, all services, including pdc’s and water services, must be constructed in accordance with the final approved servicing plans.

Prior to the issuance of a Certificate of Conditional Approval for each block or part of each block in this plan, the Owner shall be required to satisfy all conditions for lifting of Part Lot Control imposed by the City.

The Owner shall ensure that, at the time a decision is made on the type of housing units to be constructed on the blocks in this subdivision, the Owner’s engineer shall be required to submit revised servicing drawings, including lot grading plans, to the Engineering and Environmental Services Department for approval of the final lot layout and details of private sewer and water services, and other related works, as necessary. The Owner shall be required to adhere to all current lot grading and servicing standards of the City, as specified by the City Engineer, for all servicing plans approved for this subdivision.

The Owner shall provide an initial conceptual lot grading plan, showing the grading scheme for this subdivision, to the City Engineer for approval and inclusion in the subdivision agreement.

b)

c)

11. The Owner shall resubmit a revised draft plan for this subdivision to the Environmental and Engineering Services Department (Development Services Division) showing any amendments or revisions made to this pian as a result of any requirements and/or conditions covering the plan, or otherwise (ie. subdivider initiated), prior to final approval being issued.

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

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

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

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

12.

13.

14. Urban Works Reserve Fund:

The Owner may submit claims against the Urban Works Reserve Fund in accordance with By-law No. C.P.-1440-167, as follows, and the City will determine if these claims are eligible:

i)

ii) iii) iv)

v) vi)

street lights along the frontage of Southdale Road West including across frontage of 909 Southdale Road West left turn auxiliary lane on Southdale Road West at Tillrnann Road curb and gutter along the Southdale Road West frontage traffic signals at the intersection of Southdale Road West and Tillrnann Road right turn auxiliary lane on Southdale Road West at Pomeroy Lane right turn auxiliary lane on Southdale Road West at Tillmann Road

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sidewalks along Southdale Road West, including across frontage of 909 Southdale Road West. Any temporary sections of sidewalk will not be claimable.

viii) a portion of pavement widening (1.5 metres) on Tillmann Road at Southdale Road West

ix) eligible sanitary and storm costs

vii)

15. All claimable external works shall be identified as separate tender schedules listing items, quantities, plan locations of quantities (chainage "from Station to Station"), and unit costs within larger construction contracts.

The Owner acknowledges that the Urban Works Reserve Fund and it's associated by- laws are undergoing review and potentially significant amendments. Notwithstanding this approval, the Owner will cooperate in accommodating any reasonable changes that result from the new rules and by-laws through the subdivision agreements, amended agreements and development agreements attached to this approval.

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

16.

17.

D. INFORMATION

1. The Owner is to be advised that the City Engineer does not support the inclusion of stairs in walkways due to maintenance difficulties and other associated liabilities inherent with this design configuration. To this effect, all pedestrian walkway designs are to be completed excluding any provision of stairs, unless approved otherwise by the City Engineer.

Relative comrnentslconditions for this plan have been made with the understanding that the minimum set-back of 6 metres (20) from the street line (both frontage and flankage street lines) for all garages, car-ports and other parking areas will be maintained in the zoning by-law.

Note revisions are required to the draft plan as follows:

2.

3. i) ii) iii)

iv)

v) remove access road label vi)

vii)

identify road allowance width of Tillmann Road remove section of Pomeroy Lane north of Street 'C', if necessary identify 6.0 x 6.0 m daylighting triangles at Pomeroy Lane and Southdale Road West, if necessary revise Street ' A to intersect with Tillmann Road at 90 degrees with 6 metre tangents

identifylprovide 0.3 metre reserves at south limit of Porneroy Lane and Tillmann Road identifylprovide 0.3 metre reserves along the frontage of Southdale Road West abutting this draft plan of subdivision

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