39t-0450212-6692 j. i fromcouncil.london.ca/councilarchives/agendas/planning committee age… · 1....

Agenda Item # Page # 1

39T-0450212-6692 J. Leunissen

R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT

FROM: I APPLICATION BY: PROSPERITY HOMES LTD

1698 ADELAIDE STREET NORTH PUBLIC PARTICIPATION MEETING ON

That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the application of Prosperity Homes Ltd. relating to the property located at 1698 Adelaide Street North:

on the advice of the Administrative Planning Advisory Group, the Approval Authority BE REQUESTED to approve the draft plan of residential subdivision, as submitted by Prosperity Homes Ltd. (File No. 39T-04502), prepared by AGM, certified by Bruce Baker, Ontario Land Surveyor, (Drawing No. 1136-I), dated May 13, 2004), which shows 9 single detached lots, 10 part lots, 1 multi-family residential block and 1 walkway block all served by the extension of Blackwater Road and Sprucewood Road, SUBJECT TO the conditions contained in the attached Appendix "39T-04502 -1";

on the advice of the Administrative Planning Advisory Group, the Draft Approval of the residential plan of subdivision as submitted by Prosperity Homes Ltd. (File No. 39T- 04502) BE APPROVED, SUBJECT TO the requirements contained in the attached Appendix 1'39T-04502)-211;

a by-law BE INTRODUCED at the Municipal Council meeting on October 18, 2004 to amend Zoning By-law No. 5000 (former Township of London) in accordance with the attached enacting clause to delete the Agriculture (AI) Zone applicable to 1698 Adelaide Street North and to remove the said lands from By-law 5000;

a by-law BE INTRODUCED at the Municipal Council meeting on October 18, 2004, 2004, to amend Zoning By-law Z.-1 in accordance with the attached enacting clause (in conformity with the Official Plan) to zone 1698 Adelaide Street North to a Holding Residential R I (h-R1-I 3) Zone, which permits which permits single detached dwellings on lots with a minimum lot area of 270 m2 (2,905 fi2) and a minimum lot frontage of 9.0 m (29.5 ft), a Holding Residential R1 (h-R1-4) Zone, which permits which permits single detached dwellings on lots with a minimum lot area of 360 m2 (3,875 ft2) and a minimum lot frontage of 12.0 m (39.4 ft),and a Holding Residential R51R6 (h.h--R5-3/R6-3-D35) Zone to permit cluster single detached, semi-detached, duplex, triplex and townhouse dwellings to a maximum density of 35 units per hectare (12 units per acre). The holding provision (h) shall not be removed until the Stoney Creek Flood Control Facility is constructed and operational, and the Holding Provision (h-J shall not be removed until a noise study in accordance with Ministry Guidelines to the satisfaction of the General Manager of Planning and Development is submitted and accepted;


39T-04502E-6 692 J. Leunissen

(e) a demolition permit BE ISSUED for the demolition of the existing dwelling unit located at 1698 Adelaide Street North; and,

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

Estimated Revenue Estimated Claims

Urban Works Reserve Fund $ 238,760 -- 22,000 -- $ -- Claim (excluding SWM)

SWM Claim (including Land)

Development and LDCSB Charges Reserve Fund $ 282,702 NIL,

TOTAL $ $

ESTIMATED REVENUES FROM DEVELOPMENT, LONDON DISTRICT CATHOLIC SCHOOL BOARD (LDCSB) AND URBAN WORKS CHARGES ARE BASED ON CURRENT RATES IN

Note: (1 )

ACCORDANCE WITH BY-LAWS C.P.-1440-167.

THIS INFORMATION IS REPORTED IN ACCORDANCE WITH THE DEVELOPMENT CHARGES

THERETO. ANY CLAIM PAYMENT FROM THE URBAN WORKS RESERVE FUND WILL BE IN AND URBAN WORKS FUNDS BY-LAWS (IE. C.P.-1440-167), AND ANY AMENDMENTS

ACCORDANCE WITH BYLAW NO. C.P.-1440-167 AND AS APPROVED BY THE CITY ENGINEER

(2)

1.

2.

3.

4.

5.

6.

The applicants request to amend the zoning by-law and receive draft approval of the residential plan of subdivision is recommended because it conforms to the Official Plan policies applied to the site.

The proposed draft plan will allow uses on Blackwater Road and Sprucewood Drive which are consistent with the scale and form of development existing or planned for these streets.

The request for multi-family development on the west side of Blackwater Road is considered appropriate as it implements the Multi-Family, Medium Density Residential policies and provides a choice of dwelling types in the community in order to meet the broad housing needs of future residents.

The applicant has requested zoning which is considered suitable for the area. Proposed lots and part lots are recommended to be zoned R1-I3 and R1-4, in keeping with the zoning applied to abutting properties on Blackwater Road, Blackwater Place and Sprucewood Drive. The R5-3/R6-3.D35 Zone requested for multi-family block 10 will permit residential development to a similar density and height, albeit a different form, that surrounding lands.

Multi-family development on Block 10 can achieve a high level of compatibility with adjacent single detached dwellings provided appropriate site planning is undertaken. Aspects which should be considered in the site plan review process include consistent privacy fencing, preservation of as many mature trees as possible, directing lighting away from abutting rear yards, orienting development to Blackwater Road and providing adequate visitor parking.

Holding Provisions will ensure municipal services are available to accommodate the proposed development and appropriate noise mitigation measures, if any, are incorporated into the design of the multi-family block.

I

LOCATION MAP Subject Site: 1698 Adelaide Street North Planner: J L

Applicant: Prosperity Homes Ltd Created By: J I

File Number: 39T-0450212-6692 Date: 6/4/2004

Scale: 1: 3700

CORPORATION OF THE CITY OF LONDON Prepared By: Planning & Development Department

I

LEGEND Subject Site . Park

4 Water Buildings

3 Draft Approved Addresses '

, Parcels \ a Submitted Parcels

Imperial Oil Pipeline (20 m buffer) Sun-Canadian Oil

..... . .

\

m

m '1,


39T-0450UZ-6692 J. Leunissen

Date Application Accepted: May 28,2004

REQUESTED ACTION:

Agent: Rick Dykstra, AGM Surveying Engineering Ltd.

Approval of a residential draft plan of subdivision containing 9 single detached lots, 10 part lots, I multi-family residential block and 1 walkway block, served by the extension of Blackwater Road and Sprucewood Road; and, A zoning By-law Amendment to a Residential R1-13 Zone and a Residential R5/R6 (R5-3/R6-3) Zone to allow cluster townhouses to a density of 35 uph (14 upa) and cluster single detached and semi-detached and duplex dwellings to a density of 25 uph (IO upa). In support of their requested zoning by-law amendment, the applicant submitted a possible vacant land condominium layout for Block I O . (See Page 6) On June 16, 2004, the applicant requested a modification to the requested zoning. They asked that cluster single detached and semi-detached dwellings also be permitted to a density of 35 uph (14 upa).

SITE CHARACTERISTICS:

Current Land Use - single detached dwelling with numerous mature trees

Frontage - 88.5 m (290.3 fl)

Depth - 225.93 m ( 741.2 ft)

Area - 1.998 ha (4.93 ac)

Shape - rectangular

North - estate type single detached dwelling, single detached dwellings, vacant lots

South - single detached dwellings, vacant lots

East - single detached dwellings, vacant lots, access to stormwater management

West - single detached dwellings, vacant lots

facility, access to Northdale Woods Park

EXISTING ZONING: refer to ma13 on Daae # 8

LU I I I IYU VVI I HIIY r K u r u S t U MUL I I-PAMILY RESIDENT&kt&O - ADELAIDE STREET NORTH

N 2U1620m W 08.577

BLOCK 22 1 I

N 0

.4 4 (D 00

I

Gc 2 0

3. -. 9 I I

I I

I

A

\ ' BLOCK 23

SITE

LEGEND

DOWNTOWN AREA

p- REGIONAL SHOPPING AREA

COMMUNITY SHOPPING AREA

NEIGHBOURHOOD SHOPPINQ AREA

bml ASSOCIATED SHOPPING AREA COMMERCIAL

BUSINESS DISTRICT

ARTERIAL MIXED USE DISTRICT

HIGHWAY SEWICE COMMERCIAL

~ RESTRICTED/HIGHWAY SERVICE COMMERCIAL

ml RESTRICTED SERVICE COMMERCIAL

COMMERCIAL POLICY AREA

MULTI - FAMILY, HIGH DENSITY RESIDENTIAL

MULTI- FAMILY, MEDIUM DENSITY RESIDENTIAL

1-1 LOW DENSITY RESIDENTIAL

0 DEFERRED AREAS

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

0 FFICE/RESI DENTIAL

OFFICE BUSINESS PARK

GENERAL INDUSTRIAL

LIGHT INDUSTRIAL

REQIONAL FACILITY

COMMUNITY FACILITY

OPEN SPACE

URBAN RESERVE - COMMUNITY QROWTH

URBAN RESERVE - INDUSTRIAL GROWTH

RURAL SETTLEMENT

ENVIRONMENTAL REVIEW

AGRICULTURE

URBAN GROWTH BOUNDAFW

THIS IS AN EXCERPT FROM THE PLANNINQ DIVISION'S WORKING CONSOUDATION OF SCHEDULE A To THE CITY OF IDNDON OFACIAL PLAN, WITH ADDED NOTATlONS

.*

CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT

OFFICIAL PLAN SCHEDULE A - LAND USE

.FILE NO, 1. 39T04502-26692 JL

I MAP PREPARED I September 24,2004 CMH

PREPARED W. Graphlcs S Information Servlcrr I SCALE 1:30,000 I AML IBCATION: \\clfilel\QisWork\planning\projectr\p~off icicrlplan\workconsolOO\exerpts\amIe\eahablk8xl4amI

COUNCIL APPROVED ZONING FOR THE SUBJECT SITE: AI [ former London Twp ]

I) LEGEND FOR ZONING BY-LAWZ-I R l - SINGLE DETACHED DWELLINGS R2 - SINGLE AND TWO UNIT DWELLINGS R3 - SINGLE TO FOUR UNIT DWELLINGS R4 - STREET TOWNHOUSE R5 - CLUSTER TOWNHOUSE R6 R7 - SENIOR'S HOUSING R8 R9 R10 - HIGH DENSITYAPARTMENTS R11 - LODGING HOUSE

DA - DOWNTOWN AREA RSA - REGIONAL SHOPPING AREA CSA - COMMUNITY SHOPPING AREA NSA - NEIGHBOURHOOD SHOPPING AREA BDC - BUSINESS DISTRICT COMMERCIAL AC - ARTERIAL COMMERCIAL HS - HIGHWAY SERVICE COMMERCIAL RSC - RESTRICTED SERVICE COMMERCIAL CC - CONVENIENCE COMMERCIAL SS - AUTOMOBILE SERVICE STATION ASA - ASSOCIATED SHOPPING AREA COMMERCIAL

- CLUSTER HOUSING A U FORMS

- MEDIUM DENSITYILOW RISE APTS. - MEDIUM TO HIGH DENSITYAPTS.

OR - OFFICE/RESIDENTIAL OC - OFFICE CONVERSION RO - RESTRICTED OFFICE OF -OFFICE

RF - REGIONAL FACILITY CF - COMMUNITY FACILITY NF - NEIGHBOURHOOD FACILITY HER - HERITAGE *

DC -DAYCARE

OS - OPEN SPACE CR - COMMERCIAL RECREATION

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

"h" - HOLDING SYMBOL "D" - DENSITY SYMBOL "H" - HEIGHT SYMBOL "6" - BONUS SYMBOL "r - TEMPORARY USE SYMBOL

2) t:""';'1 2. ... FOR TOWNSHIP ZONES PLEASE SEE THE RELEVANT i. h ... A d b ZONING BY-LAW FOR A DESCRIPTION OF REGULATIONS

CITY OF LONDON FILE NO: I 39t-04502 2-6692 JL

MAP PREPARED: ' DEPARTMENT OF PLANNING AND DEVELOPMENT

2004 Sept 24 CMH

1:5000

E 100 0 700 Meters

@ ZONING

SCHEDULE A

BYmLAW NO. Z.4

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


39T-045021216692 J. Leunissen

The subject lands were annexed into the City of London in January, 1993. In the mid 1990’s a developer-led community plan process was initiated for the lands bounded by the Sunningdale Road East, Highbury Avenue North, Fanshawe Park Road East, the pre-annexation City boundary and Adelaide Street North. The Stoney Creek Community Planning Area, which included the subject lands, and the corresponding Official Plan Amendments were adopted by Council in August 1998. The Official Plan Amendments were appealed by various parties to the Ontario Municipal Board on a number of grounds. Through a series of decisions, the OMB identified specific lands for development generally by the applying “Multi-Family, Medium Density Residential’’ and “Low Density Residential” designations; establishing the limits of the significant environmental features through the application of the “Open Space” designation; and identified the secondary collector road pattern. For the subject lands, the OMB decision resulted in the western portion of the site being designated Multi-Family, Medium Density Residential and the eastern portion being designated Low Density Residential. Separating the two designations is a secondary collector road - Blackwater Road.

The Ontario Municipal Board also approved draft plan of subdivisions to the north, east and south of the subject lands (our files 39T-99506 and 39T-99523). Several phases of these draft plans have subsequently been registered and homes constructed. Streets within plans approved by the OMB include Sprucewood Drive; Blackwater Place; and Blackwater Drive, north of the old city boundary.

SIGNIFICANT DEPARTMENTIAGENCY COMMENTS

Environmental and Engineering Services Department Sanitary - Sanitary sewers to serve this plan are available on the future road connections of Blackwater Road and Sprucewood Drive.

Storm and Stormwater Management - Prior to the issuance of a Certificate of Conditional Approval and/or the execution of the Subdivision Agreement, the proposed regional permanent Flood Control Facility located on Stoney Creek, east of Trossacks Avenue must be completed and operational. The majority of minor flows for this subdivision will outlet into the Meadow Marsh Stormwater Water Management Facility located to the east in plan 33M-467. A small portion of the minor flows will outlet to the storm sewer system on Blackwater Road which outlets into the Powell Drain.

Water Mains - The owner will be required to install a 250mm watermain on Blackwater Road and connect to the existing 250 mm watermain at the north and south limits of the property on Blackwater Road. The owner will also be required to install and connect to the 200 mm water main on Sprucewood Drive.

TransDortation - The owner will be required to complete Blackwater Road and align it with the Blackwater Road to the north and south of this plan. The owner will also be required to remove the existing temporary turning circles to the satisfaction of the City Engineer. The City will provide some funding for completing these works when funds become available from the owner to the north, in the event they are not completed by the owner to the north. The owner will be required to construct sidewalks on both sides of Blackwater Road, and one side of both Adelaide Street North and Sprucewood Drive. Block 21 is to be constructed to City standards for Pedestrian Walkways which may include lighting. A Bikeway will also be required along the Adelaide Street North. Cost associated with the sidewalk and bikeway along will be claimable from the Urban Works Reserve Fund. No vehicle access will be permitted to Adelaide Street North from Block 10 and traffic calming measures will be required along Blackwater Road to discourage through traffic and excessive speeds.


39T-04502/2-6692 J. Leunissen

Construction traffic will use Blackwater Road and Sprucewood Drive in plan 33M-467. A noise attenuation wall is required along the west limit of Block 10 abutting Adelaide Street North in accordance with Council policy.

London Transit London Transit has reviewed this draft plan of subdivision and has the following comments: i)

ii)

we support the inclusion of the walkway block (Block 21) to reduce pedestrian walk distance to possible future transit service on Adelaide Street North and Thistlewood Drive. 0

the layout of the proposed lotting within the proposed multi-family residential block could be problematic for the provision of on-site Paratransit service. The alignment of internal driveways should be designed to permit the safe and efficient movement of Paratransit vehicles in a manner that allows them to travel from the municipal roadway through the property and return without making reverse movements. This should be taken into consideration in the final design, and can be discussed further at the site plan stage.

Planning Note: The internal roadway design of Block I O will be reviewe'd in greater detail during the site plan review process and/or the vacant land plan of condominium review process. It is expected roadway will be modified to meet City standard which will accommodate Paratransit vehicles and emergency vehicles.

London Hydro London Hydro has no objection to this possible zoning by-law amendment.

Upper Thames River Conservation Authority The Upper Thames River Conservation Authority has reviewed this application with regard to policies and regulations made pursuant to Section 28 of the Conservation Aufhorifies Act. We have also review the application with regard to policies contained in the Provincial Policy Statement made pursuant to Section 3 of the Planning Act, and we have no objection. The UTRCA will defer the review of the servicing and sediment and erosion control plans to the City of London.

Canada Post This subdivision will receive main service to centralized mail facilities provided through our Community Mailbox program.


39T-04502/2-6692 J. Leunissen

PUBLIC LIAISON:

Nature of Liaison: Same as Requested Action

Responses: Responses to the Public Liaison Letter are summarized below. For a more detailed summary of the responses to the Public Liaison Letter refer to Appendix “39T-04502 - 3”.

Several of the respondents requested the existing trees be maintained. Some asked that enough trees be retained to provide privacy in their rear yards and reduce the likelihood headlights shining into the rear yards, while others asked that all of the mature trees be remain as is. One respondent suggested the treed area be zoned open space and identified as a community park.

Others expressed opposition to the proposal for multi-family residential development in this single family area. They believe this form of development will negatively impact property values and greatly increase traffic volumes on area streets. Several respondents asked if the multi-family form of development would be owner occupied or rental units.

One resident expressed concerns about the possibility of an apartment building abutting their property. Multi-storey buildings standing over their property would eliminate their privacy.

Drainage concerns were raised by two respondents. One property owner immediately adjacent to the subject lands noted the property is couple of feet higher than theirs. Should water from the new development be directed to their lands, it would increase the potential for flooding. The second respondent who raised the issue of drainage lives on Sprucewood Drive. They wondered when the development would proceed so Sprucewood Drive can be “straightened” and the catch basins connected.

The last issue common to several respondents was traffic. It is their position the proposed small subdivision will increase traffic in the area and pose a hazard for children. In addition, the extension of Blackwater Road will allow motorists to by-pass busy arterials in the area.

The lone telephone respondent requested information on the nature and timing of development.

What uses occupy the subject lands and surrounding properties? The subject property, which is almost 2 ha (5 ac) in size with 88.5 m (290 ft) of frontage on Adelaide Street North, contains 1 single detached dwelling with direct access to Adelaide Street North. In addition to the dwelling unit, the property contains numerous mature trees and manicured lawns.

Surrounding the subject lands are single detached dwellings on lots of various sizes. To the north, one dwelling unit is situated on a lot that has an area of 0.65 ha ( I .6 ac) and frontage of approximately 46 m (151 ft) while the remaining existing and proposed dwellings to the north are, or will be, situated on lots which have frontages of approximately 10.5 m (34.4 ft) and areas which range from 330 m2 to over 500 m2 (3,552 ft2 to over 5,382 ft2). East of the subject lands, the lots on Sprucewood Drive generally have frontages of 12 m to 14 m (39.4 ft to 46 ft) with lot areas of 330 m2 to 454 m2 (3,552 ft2 to 4,890 ft). Lots to the south, on Blackwater Road and


nn

39T-0450212-6692 J. Leunissen

Blackwater Place, are smaller than those to the east and north with lot frontages of 9.1 m or 9.8 m (29.8 ft or 32.1 ft) and lot areas generally around 300 m2 (3,230 ft2).

Single detached dwellings are also under construction on the west side of Adelaide Street North. Lots on Garibaldi Avenue generally have frontages of 12.6 m (41.4 ft) and areas of 513 m2 (5530 ft2)

The existing single detached dwelling on almost 2 ha (5 acres) of land was constructed prior to recent developments on surrounding lands. (See April 2002 Aerial Photo) As the site is designated to permit multi-family uses and fronts on a secondary collector road, redevelopment of the site for residential uses served by internal roads would be in keeping with development on abutting lands and allow the lands to be integrated into the community.

Aerial bhoto Ami1 2002

Does the proposed development conform to the Official Plan? As noted above, land uses designations for the subject lands and surrounding properties were applied by the Ontario Municipal Board. The Board designated the western portion of the subject lands Multi-Family, Medium Density Residential and the eastern portion Low Density Residential, with Blackwater Road, classified as a secondary collector road, forming the boundary between the two designations. Lands designated Multi-Family, Medium Density Residential are may be developed for a range of multiple-unit forms of housing including cluster townhouse dwellings, low-rise apartment buildings, and certain specialized forms of housing. They may also be developed for single, semi-detached and duplex dwellings. The maximum density of development will not exceed 75 units per hectare (30 units per acres) and the maximum height will not normally exceed 4 storeys.

Lands designated Low Density Residential are intended to be developed for low-profile, low density residential uses such as single detached, semi-detached and duplex dwellings. Multiple attached dwellings, such as row houses, may also be allowed within areas designated Low Density Residential provided they do not exceed a maximum density of 30 units per hectare ( I2 units per acre).


nn

39T-045OuZ-6692 J. Leunissen

The completion of Blackwater Road will allow for the planned secondary collector road to function as intended.

The applicant has proposed a mixture of low-rise cluster housing to a maximum density of 35 units per hectare for lands on the west side of Blackwater Road, and single detached dwellings for lands on the east side of Blackwater Road and west side of Sprucewood Drive. The proposal will permit a choice in housing types in order to meet the need of future residents and is in conformity with the policies of the Official Plan.

Appropriate site planning is required to ensure the proposed multi-family development is compatible with the adjacent single detached dwellings. Measures which can be employed to minimize impacts on abutting single detached dwellings include privacy fencing, preservation of as many mature trees as possible, directing lights away from abutting rear yards, orienting development to Blackwater Road and providing adequate visitor parking.

Is the proposal consistent with the Stoney Creek Community Plan? The Stoney Creek Community Plan which was adopted by Council identified much of the site as Environmental Review. The Environmental Review classification identified the existence of a natural feature. The extreme western portion of the site, abutting Adelaide Street North, was identified as Multi-Family, Medium Density Residential. Blackwater Road was also shown as extending north eventually intersecting with Adelaide Street North. Blackwater Road, identified as a secondary collector road, bisected the parcel. The extent of the Environmental Review area matches that of the contiguous wooded area which existed at the time the Community Plan was adopted. (See March 2000 Aerial Photo.)

Aerial Dhoto March 2000


39T64502E-6692 J. Leunissen

~ ~ I" . l.-_ . _ - - .-

I

.. . -..-- . . , _. - . .. __ . ._- .- . .


39T-0450212-6692 J. Leunissen

Lands identified as Environmental Review contain natural features which require further assessment to determine their significance. Areas .determined to be significant will be designated Open Space in the Official Plan. Areas which do not meet the test of significant will be re-designated to an appropriate land use designation.

Based on evidence heard in connection with the Stoney Creek OPA, the Ontario Municipal Board determined the natural features situated on the subject and abutting lands was not significant. Accordingly, the Board extended the abutting residential land use designations. Natural features on abutting lands have since been removed and those lands have been developed for residential purposes (Blackwater Place, Sprucewood Drive, Blackwater Road). In keeping with the Stoney Creek Community Plan where natural features are determined not to be significant, an extension of policies applicable to abutting properties was considered appropriate as it will allow for compatible development.

Environmental Review lands noted in the Community plan on the east side of Blackwater Road have been identified for low density, low profile uses and the applicant has proposed uses in keeping with such policies. Environmental Review lands on the west side of Blackwater Road are identified for medium density, medium profile uses and the applicant has proposed a mix of residential uses anticipated by the medium density residential policies. The proposed draft plan and requested zoning is consistent with the Stoney Creek Community Plan.

Evaluation of the Proposed Draft Plan Lot size and Orientation The proposed plan consists of 9 whole lots, 10 part lots, 1 multi-family block and 1 walkway block. The proposed lots and part lots maintain the character of development established by subdivisions which surround the site. Lots proposed along Blackwater Road have frontages of 9.6 m to 10.6 m (31.5 ft to 34.8 ft). Lots of this width will permit the same style of housing as was erected to the south in Plan 33M-424 on 9.8 m (32.1 ft) wide lots. Proposed part lots allow for part lots created when Plans 33M-424 and 33M-467 were registered to be developed for housing that will also maintain the character of the area.

The applicant has requested cluster development on Block I O . A higher degree of compatibility with dwellings along Blackwater Road and improved neighbourhood design can be achieved by orienting the front facade of any cluster dwelling units to Blackwater Road. In order to ensure this design element is incorporated into the approved site plan for Block I O , it is recommended a condition of draft approval be added which requires the owner to submit a building orientation plan for Block 10 to the General Manager of Planning and Development for approval prior to the site plan or vacant land plan of condominium submission. The building orientation plan shall demonstrate how the streetscape is maintained through orienting the front facade of the dwelling unit to Blackwater Road.

.

Lots with 12 m (39.4 ft) frontage are considered small lots and the City has adopted the Small Lot Design Guidelines to assist staff and property owners in the preparation and evaluation of small lot subdivisions. While the Guidelines are only applicable to subdivisions of 50 lots or greater, the best practice recommendations should be considered regardless of the number of lots. One of the major issues with small lot developments is the lack of on-street parking. Several options are available to protect future on-street parking opportunities including submitting a parking plan for approval prior to the submission of engineering drawings to the use of barrier curbs. While barrier curbs are seen as one of the easiest ways to protect on- street parking opportunities without municipal resources being expended, such measures are not recommended in this instance. Draft plan of subdivision 39T-99523 was draft approved prior to Council adoption of the Small Lot Design Guidelines. As a result, Blackwater Road south of the subject site was not constructed with barrier curbs. Maintaining a consistent curb is seen as one means of encouraging seamless development. As an alternative, it is recommended the owner’s consulting engineer certify prior to assumption of the subdivision that all the driveways within the proposed plan are in conformity with Zoning By-law Z.-1.


39T-04502K-6692 J. Leunissen

Parkland The applicant has not proposed any parkland and the City’s Parks Planning and Design Section is not recommended the plan be red-line amended to add parkland. The Planning Act requires 5% of the land area of a subdivision be set aside for parkland. Alternatively, the municipality may require cash-in-lieu of parkland dedication. As the total area of the proposed draft plan is 1.998 ha (4.93 ac), the applicant is only required to dedicate 999 m2 (10,753 ft2) of parkland to the City. A park of this size is not able to support park functions such as sports fields or neighbourhood play structures with appropriate setbacks and paths.

Council has adopted an 800 m service area for neighbourhood parks and both Constitution Park, located between Grenfell Drive and Stoney Creek, and future Stephen’s Farm Park, located on the south side of Thistlewood Drive at South Wenige Drive, are less than 800 m from the subject lands. For these reasons, it is recommended the owner fulfill their parkland dedication requirement by paying cash-in-lieu of parkland dedication prior to final approval.

Noise Walls Noise walls are currently required to protect outdoor living areas of residential properties where rear yards abut arterial roads. Council has directed Planning Staff to review the issue of noise walls along arterial roads. During our research, Planning has discovered building orientation is used by other municipalities as an alternative to costly noise attenuation barriers and such measures could be employed on Block I O . However, given rear yards were permitted to abut Adelaide Street North separated by a noise attenuation barrier on Blackwater Court, to require different noise attenuation measures on such a short section of Adelaide Street North would be out of character with the neighbourhood. For this reason, it is recommended that prior to the submission of engineering drawings, the owner be required to undertake a noise assessment report in accordance with Ministry Guidelines to the satisfaction of the Manager of Subdivision and Development and to implement the accepted recommendations. It is further recommended a holding provision be applied to Block 10 to ensure the City’s Building Division has a mechanism to require a noise study to the satisfaction of the General Manager of Planning and Development prior to final approval of any site plan.

Stormwater Manaqement The Environmental and Engineering Services Department has advised this property is within the portion of Stoney Creek watershed that is affected by the development restrictions placed by the City. Until the Stoney Creek Regional Storm Water Management Flood Control Facility is constructed and operational on the Williamson Homes lands, they are only prepared to process the application to the draft approval stage. This position was outlined in a letter sent to area property owners on May 25,2004.

Approval of the requested draft plan is consistent with the position taken by the City and forwarded to area property owners. The applicant is aware that until the Stoney Creek Regional Storm Water Management Flood Control Facility is constructed and operational the City will not recommend approval of a Subdivision Agreement or registration of the plan. Accordingly, a holding provision is recommended to limit uses to existing uses until all municipal services, including stormwater management, are available to service this site,

Walkwav Block 21 Walkway Block 21 has been included to provide existing and future residents of Blackwater Road and Blackwater Place convenient access to the Northdale Woods Park and to provide existing and future residents of Sprucewood Drive access to a future transit service on Adelaide Street North and Thistlewood Drive. In accordance with Council policy, this street-to-street walkway shall be light. Required lighting for walkway blocks is not a claimable item.

Existina Trees As noted above, the existing stands of trees do not meet Council’s policy of significant and it is not required that they be protected. While re-grading of the site is necessary to match existing grades, it may be possible preserve some trees, especially on Block I O . It is recommended the conditions of draft approval require the Environmental and Engineering Services Department to have regard for saving as many trees as possible when reviewing the lot grading plans. Further


39T-0450212-6692 J. Leunissen

it is recommended that prior to submission of the site plan for Block I O , the owner submit a tree preservation report to the Manager to Parks Planning and Design in order to determine which, if any, trees can be preserved in the future development.

Is the requested zoning appropriate for this proposal? The applicant has requested the Residential Rl-13 Zone for the lots and part lots and a Residential R5/R6 (R5-3/R6-3) Zone for Block I O to permit all cluster development to a density of 35 uph (14 upa). Single detached dwellings to the north, east and south of the side on Blackwater Road, Sprucewood Drive and Blackwater Road respectively are also zoned Residential R1 (Rl-13). The applicant’s request for the R1-I3 Zone will permit single detached dwellings to a similar scale and density as surrounding properties and will allow for compatible development. The R1-13 Zone is considered appropriate for the proposed lots and most of the part lots.

Block 13 of the proposed plan is intended to be developed with Block 79 of plan 33M-424 and Block 79 is zoned Residential R1 (R1-4(3)) in By-law Z.4. In order to maintain consistency with this existing Block, it is recommended Block 13 be zoned R1-4. Application of the R1-4 Zone will ensure there is no confusion by the public or the City regarding development regulations. It is not necessary to apply the Rl-4(3) Zone as the special provision relates to interior side yard only and since the R1-4(3) Zone was created, the standard R1-4 Zone was modified to require a 1.2 m interioi- side yard setback regardless of height.

Compounding the Residential R5 (R5-3) Zone and the Residential R6 (R6-3) Zone, as requested by the applicant for Block I O , would permit cluster single detached dwellings, cluster semi-detached dwellings to a density of 25 uph (IO upa) and cluster townhouse dwellings and cluster stacked townhouse dwellings to a maximum density of 35 units per hectare (14 unit per acre) and a maximum height of 12 m (39.4 ft). The applicant has requested all cluster development be permitted to a density of 35 uph (14 upa). Cluster uses to the requested maximum density and height are in conformity with the Multi-Family, Medium Density Residential designation and can be compatible with adjacent single detached dwellings with appropriate site planning. The requested density of 35 unit per hectare is in similar to the density allowed under the Residential R1 (Rl-13) Zone when minimum lot area is converted to density (lot area of 270 m2 converts into a net density of 37 units per hectare). The maximum height permitted by the cluster zoning of 12 m is slightly greater than the maximum height of 9.0 m permitted by the R1-13 Zone.

Based on a comparison of zones in the area, the requested zoning is considered appropriate for Block I O at is will permit residential development to a similar density and height, albeit a different form, that surrounding lands. It is recommended the request for cluster single and duplex dwellings to a density of 35 uph be accommodated by adding a “035” on the Zoning Map. According to Section 3.4 of the By-law, where a D follows a specific zone, it takes precedence over any maximum density regulation set out in the relevant zone. This approach avoids the creation of a site specific zone. As such, Block I O is recommended to be zoned R5- 3/R6-3.D35.

In order to achieve an appropriate level of compatibility with abutting properties, consideration at the site plan review stage should be had for privacy fencing, preservation of as many mature trees as possible, directing lights away from abutting rear yards, orienting development to Blackwater Road and providing adequate visitor parking.

Holding Provisions Stormwater management facilities in the area were designed with the assumption that the on- line flood control device on the Stoney Creek would be constructed and operational. On this premise, development of area lands was allowed to proceed. However, downstream flooding along the Stoney Creek and discussions with the property owner where the on-line facility is to be constructed, necessitated the City take action. On May 25, 2004, the Environmental and Engineering Services Department advised all developers and consultants which drain into the Stoney Creek that this facility must be constructed and operational before any new development proceeds. This requirement is included as a condition of draft approval but it is also


39T-0450UZ-6 692 J. Leunissen

recommended that a holding provision be applied through the zoning as it is the most public means to convey the message to the applicant and area property owners.

Past practice in the City was to include the requirement for a noise study to the satisfaction of the General Manager of Planning and Development as a clause in the subdivision agreement. Recent legal interpretations have suggested this approach may cause future problems as the subdivision agreement is not applicable law and the Chief Building Official is only bound by applicable law when issuing a building permit.. For this reason, it is recommended a holding provision be applied to Block I O requiring a noise attenuation report to the satisfaction of the General Manager of Planning and Development prior to entering into a site plan agreement with the applicant.

What were the concerns raised by area residents? Area residents have raised a number of concerns with the proposed development. Below is a list of the most common concerns and what measures, if any, are recommended to address the matter:

Preservation of Trees - Existing trees do not meet the Council adopted standards as a significant Woodland and therefore there is no policy basis to require they be protected. However, it is recommended that the Environmental and Engineering Services Department have regard for preserving as many of the trees as possible when they review lot grading plans. In addition, as a condition of draft approval the applicant will be required to submit a tree preservation report to the Manager of Parks Planning and Design justifying the removal of trees from Block I O -

Owners or Renters - The Planning Act does not permit the City to distinguish between owners and renters. The applicant has submitted a plan containing 9 whole lots, 10 part lots and 'l multi-family block. The whole lots and part lots are proposed to be freehold lots and these tend to be owner occupied. The multi-family block is required to be in a cluster form of ownership. Cluster housing is generally a condominium or under a single ownership. The applicant has indicated he intends to submit a plan of condominium application upon receiving draft plan approval.

Traffic - Blackwater Road is classified in the Official Plan as a secondary collector road. Secondary collector roads are designed to accommodate light volumes of traffic for short distances (between local and arterial roads), bus routes and pedestrian and bicycle facilities. The connection of Blackwater Road will allow area roads to function as recommended by the Stoney Creek Community Plan and intended by the Official Plan. On-street parking opportunities will be similar to what exists on Blackwater Road. The owner/developer will be required to certify that each new driveway conforms to Zoning By-law Z.-1 prior to assumption of the subdivision.

Privacv/Liahts in the Rear Yard - These nuisances concerns are not unique to this property and can be mitigated through appropriate site planning. For example, privacy fencing will be required as a condition of site plan approval which should assist in protecting the privacy of abutting property owners and reduce the amount of light that radiates toward adjacent rear yards. In areas around driveways, it is not uncommon that the privacy fence be of a greater height to provide greater protect from automobile headlights. An additional level of protection may be possible depending on whether existing trees in this location can be preserved.

Drainage - The owner will be required to grade the site such that run-off from these lands does not flood abutting properties. Further, completion of Sprucewood Drive within the road allowance will allow for the installation of curbs, cutters and storm drains.

Propertv Values - Property values are determined by a number of factors both on and off the property. Factors influencing property values off the site include general location; traffic; proximity to schools, parks, shopping , market trends; Official Plan designation; Zoning; etc. Given the number of factors involved in determining the market value of a particular property, it is not possible to predict if multi-family development on Block 10 will have any impact on property values in the area.


39T104502/2-6692 J. Leunissen

CONCLUSION

Prosperity Homes Limited has submitted a draft plan of residential subdivision consisting of 9 single detached dwelling lots, 10 part lots, 1 medium density residential block, 1 walkway block and several road widening and reserve blocks served by the extension of Blackwater Road and the completion of Sprucewood Drive. This request is recommended for approval because it conforms to the Official Plan and is in keeping with the development anticipated by the Stoney Creek Community Plan. The proposed plan and requested zoning will permit uses which are consistent with the scale and form of development existing or planned for the adjacent properties.

The request for multi-family development is considered appropriate as it will provide a choice of dwelling types in the community to meet the broad housing needs of future residents. Appropriate site planning which should include consistent privacy fencing, preservation of as many mature trees as possible, directing lights away from abutting rear yards, orienting development to Blackwater Road and providing adequate visitor parking will assist in ensuring the multi-family use blends in with surrounding single detached dwellings.

The applicant has requested a R1-13 Zone and a compound R5-3/R6-3 Zone with a provision to allow all cluster development to a density of 35 uph. The requested zones are considered appropriate for the development of these lands. It is recommended one part lot be zoned R1-4 as will be developed with an existing part lots currently zoned R1-4(3). Concerns raised by area residents have been incorporated into the conditions of draft plan approval, where possible, to minimize impacts of development of this remnant residential parcel.

RECOMMENDED BY:

September 27, 2004 JL "Attach."

Y:\Shared\SUB&SPEC\SUBDIWREP&RECS\2004\39T-04502 Planning Committee Report 1


39T-04502/2-66 92 J. Leunissen

CITY OF LONDON ZONING BY-LAW BY-LAW NO. 5000- AMENDMENT

MAYOR YEAR MONTH DAY CITY CLERK

Schedule "A" to By-law No. 5000 (former Township of London) is amended by deleting the Agricultural (AI) Zone applicable to lands located on the east side of Adelaide Street North, between Grenfell Drive and Blackwater Road, municipally known as 1698 Adelaide Street North and legally described as Part of Lot 5, Concession 5 (Geographic Township of London), as shown on the map below comprising part of Key Map No. 5000(16) and removing this site from the By-law.

I.

File Number: Z-6692 39t-04502

Planner: JL

Date Prepared: 2004 Sept 24

Technician: CMH

AMENDMENT TO SCHEDULE "A"

\ Zoning as of 2004/09/01

SUBJECT SITE

SCALE 1:5000

100 0 100 Meters ;

Agenda Item ## Page # 21

39T104502lZ-6692 J. Leunissen

ENACTING CLAUSE

BY-LAW NO. Z.-1 CITY OF LONDON ZONING BY-LAW

BY-LAW NO. 2.4 AMENDMENT

I) Section 3.8(2) of the Holding Zone Provisions Section to By-law Z.-1 is amended by adding the following holding provision:

Purpose: To ensure there are no land use conflicts between arterial roads and the proposed residential uses, the h-- shall not be deleted until the owner agrees to implement all noise attenuation measures, recommended in noise assessment reports acceptable to the City of London.


39T'-04502/216692 J. Leunissen

CITY OF LONDON ZONING BY-LAW BY-LAW NO. 2.4- AMENDMENT

Schedule "A" to By-law No. Z.4 is amended by changing the zoning applicable to lands located on the east side of Adelaide Street North, between Grenfell Drive and Blackwater Road, municipally known as 1698 Adelaide Street North and legally described as Part of Lot 5, Concession 5 (Geographic Township of London), as shown on the map below comprising part of Key Map No.5, to a Holding Residential R1 (h-R1-13) Zone, a Holding Residential R1 (h-R1-4) Zone, and a Holding Residential R5/R6 (h-h--R5-3/R6-3.D35) Zone

AMENDMENT TO SCHEDULE "A"

.*

File Number: 2-6692 39t-04502

Planner: JL

Date Prepared: 2004 Sept 24

Technician: CMH

SUBJECT SITE

SCALE 1:5000

100 0 100 Meters m


39T-045OUZ-6692 J. Leunissen

APPENDIX 39T-04502 - I (Conditions to be included for draft plan approval)

THE CORPORATION OF THE CITY OF LONDON’S CONDITIONS AND AMENDMENTS TO

04502 ARE AS FOLLOWS: FINAL APPROVAL FOR THE REGISTRATION OF THIS SUBDIVISION, FILE NUMBER 39T-

NO. CONDITIONS

1.

2.

3.

4.

5.

6.

7.

8.

9.

I O .

11.

12.

13.

That this approval applies to the draft plan submitted by Prosperity Homes Ltd. (File No. 39T-04502), prepared by AGM, certified by Bruce Baker, Ontario Land Surveyor, (Drawing No. 1136-I), dated May 13, 2004), which shows 9 single detached lots, 10 part lots, 1 multi-family residential block and 1 walkway block, served by the extension of Blackwater Road and Sprucewood Road.

That this approval of the draft plan applies until XXXXXXXXX, XX, 2007 (insert lapse date), and if final approval is not given by that date, the draft approval shall lapse, except in the case where an extension has been granted by the Approval Authority.

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

That the streets within this draft plan shall be “Blackwater Road” and “Sprucewood Drive”.

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

That the owner, prior to final approval, 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.

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

That the owner agrees in writing 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.

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

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

That the subdivision be registered in one phase.

The owner agrees to 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 agrees that no construction or installations of any kind (eg. Clearing or servicing of land) involved with this plan shall be undertaken prior to entering into a site alteration agreement or subdivision agreement and obtaining all necessary permits,


14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

39T-04502/2-6692 J. Leunissen

approvals and/or certificates that need to be issued in conjunction with the development of the subdivision, unless othetwise approved by the General Manager of Planning and Development in writing; (eg. MOE certificates; City/Ministry/Agency permits: Approved Works, water connection, water-taking, navigable waterways; approvals: UTRCA, MNR, MOE, City; etc; etc.).

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

The owner agrees that no vehicular access will be permitted to Block 10 from Adelaide Street North, and that all vehicular accesses to Block 10 will be from Blackwater Road.

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.

Approval from the London Fire Department is required should any burning of materials on-site be contemplated.

The owner agrees that prior to an application for site plan approval for Block I O , a noise report will be prepared and accepted by the General Manager of Planning and Development, and the recommended noise attenuation measures will be incorporated into the final development agreement and site plan agreement between the owner and the City of London.

That the owner make a cash payment in lieu of the 5% parkland dedication pursuant to City of London By-law CP-9.

That the subdivision agreement between the owner and the City of London contain a provision that Blocks1 1 to 20 both inclusive shall not be developed except in conjunction with adjacent lands in plans 33M-424 and 33M-467.

That prior to the issuance of a Certificate of Conditional and/or the execution of the Subdivision Agreement, the proposed regional permanent Flood Control Facility located on Stoney Creek, east of Trossacks Avenue, must be completed and operational according to the accepted Environmental Study Report - Stoney Creek Flood Control Study Class Environmental Assessment (EA) and Design.

The owner agrees to dedicate sufficient land to widen Adelaide Street North to 18.0 m metres from the centreline of the original road allowance of the existing road.

That the owner agrees to direct all construction traffic associate with this plan to Adelaide Street North or alternatively Sprucewood Drive and Blackwater Road in plan 33M-467 all to the satisfaction of the City Engineer and General Manager of Planning and Development.

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


25.

26.

27.

28.

29.

30.


students may be accommodated in temporary facilities and/or bused outside the neighbourhood for their education.

That prior to final approval of this plan and subject to the satisfaction of the Thames Valley District School Board, the Board may require the owner to agree in the subdivision agreement to include a suitable clause to advise future purchasers that this area has been designated a “Holding Zone” for school accommodation purposes and students will be accommodated at a ”Holding School”.

The owner agrees that prior submission of engineering drawings, a tree retention plan for Block 10 shall be prepared by a qualified Environmental Consultant and accepted by the Manager of Parks Planning and Design.

That the owner conveys walkway Block 21 to the City of London at no cost.

The owner agrees that prior to an application for site plan approval or an application for a vacant land plan of condominium for Block 10, a building orientation plan which demonstrates how the streetscape is maintained through orienting the front faGade of the dwelling unit to Blackwater Road be prepared and accepted by the General Manager of Planning and Development, and the recommended building orientation will be incorporated into approved development agreement and site plan agreement between the owner and the City of London.

Prior to assumption of the subdivision by the City of London, the owner agrees to have its consulting engineer and/or surveyor certify for each lot /block to the satisfaction of the General Manager of Planning and Development that the width of the as built driveways complies with Zoning By-law Z-I . Further, the owner/subdivider agrees to rectify any deficiencies identified by the consulting engineer.

The City agrees that the Environmental and Engineering Services Department will have reaard for savina as manv trees as Dossible when reviewina the lot srradina Dlans.


39T-04502E-6692 J. Leunissen

Appendix “39T-04502 - 2”

(Municipal Requirements)

A. SEWERS & WATERMAINS

I. Sani taw:

a) The subdivider agrees to connect the proposed sanitary sewers to serve this plan to a municipal sewer system, namely, via the existing (M-424 and M-467) sanitary sewers located adjacent to this plan on the future road connections of Blackwater Road and Sprucewood Drive.

b) The subdivider agrees this proposed subdivision is located in the Adelaide 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 subdivider acknowledges that, if treatment capacity is available at the said treatment plant at the time the subdivision agreement is prepared, then capacity for this subdivision will be reserved at that time by the City Engineer on the condition that registration of the subdivision agreement and the plan of subdivision occur within one (1) year of the date specified in the subdivision agreement.

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

c) The subdivider agrees to make any necessary arrangements for connecting into any unassumed (storm & sanitary) sewers constructed as ‘part of the adjacent subdivisions, Plans M-424 and/or M-467.

2. Storm and Stormwater Manaqement:

a) The subdivider hereby agrees that, prior to the issuance of a Certificate of Conditional Approval and/or the execution of the Subdivision Agreement for these lands, the proposed regional permanent Flood Control Facility located on Stoney Creek, east of Trossacks Avenue, to be built by others, must be completed and operational according to the accepted Environmental Study Report - Stoney Creek Flood Control Study Class Environmental Assessment (EA) and Design.

b) The subdivider agrees that the majority of the minor storm flows for this subdivision will outlet to the municipal storm sewer system on Sprucewood Drive, located in the Stoney Creek Subwatershed, to the Meadow Marsh SWM Facility located within Plan 33M-467. Furthermore, a small portion of the minor flows for this subdivision outlet to the municipal storm sewer system on Blackwater Road which outlets south to the Powell Drain.

c) The subdivider agrees to have a consulting professional engineer design and construct the proposed storm/servicing system for the subject lands, all to the satisfaction of the City Engineer and according to the requirements of the following:


39T-04502lZ-6692 J. Leunissen

The SWM targets and criteria for the Stoney Creek Subwatershed 0 Study;

ii) The Stoney Creek Subdivision Stormwater Management Plan Detailed Design Report (Revised);

iii) The City’s Drainage By-law and lot grading standards, policies, req ui re men t s and practices;

iv) Ministry of the Environment SWM Practices Planning and Design Manual; and

v) Applicable Acts, Policies, Guidelines, Standards and Requirements of all relevant SWM agencies. , . ..

d) The subdivider agrees to provide adequate easements, if required, at no cost to the City, in relation to stormwater/drainage servicing of the subject lands.

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

The subdivider agrees, prior to final approval, to have its consulting professional engineer identify the major and minor storm flow routes for . ’

the said catchment area to the satisfaction of the City Engineer.

9

g) The subdivider 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 subdivider shall indemnify the City against any damage or claim for damages arising out of or alleged to have arisen out of such increased or accelerated stormwater runoff from this subdivision.

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

3. Water Mains:

a) The subdivider agrees to install a 250 mm watermain on Blackwater Road at the north and south limits of the property and connect the watermains from this subdivision to the existing municipal 250 mm ( I O ) diameter water main on Blackwater Road in Plans M-424 and M-467 and to the existing 200 mm (8”) diameter water main on Sprucewood Drive in Plans M-424 and M-467.

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


39T-04502Z-6692 J. Leunissen

4. General:

a) The subdivider agrees to connect the sewers and water mains to be constructed in this subdivision to the existing outlets and watermain(s) to the specifications of the City Engineer.

b) The subdivider agrees to make arrangements with the affected property owner(s) for the construction of any portions of the outlet sewers situated on private lands outside this plan, and to provide satisfactory easements over the sewers as necessary, all to the specifications of the City Engineer.

c) The subdivider agrees that once construction of any private services, ie: water, storm or sanitary, to service the lots or blocks in this plan is completed and any proposed relotting of the plan is undertaken, all the previously installed services must be reconstructed in standard location, in accordance with the approved final lotting and approved revised servicing drawings, all to the specifications of the City Engineer and at no cost to the City.

d) The subdivider agrees that no weeping tile connections will be permitted into the sanitary sewers within this plan.

B. STREETS, TRANSPORTATION & SURVEYS

1. Roadway Alignments and Geometries:

a) The subdivider agrees to construct Blackwater Road at the northern and southern boundary of the plan of subdivision in alignment with Blackwater Road to the north and south as established by the Stoney Creek Community Plan.

b) The subdivider agrees to remove the existing temporary turning circle on Blackwater Road with Plan M-467 to the north of this plan and complete construction of services and road within this section to the satisfaction of the City Engineer.

The City will provide a maximum of $20,000 for completing these works when the funds become available from the subdivider to the north, in the event that the subdivider of Plan M-467 does not complete these works.

c) The subdivider agrees to remove the existing temporary turning circle in Plan M-467 to the north of the plan and the temporary road connection from the temporary turning circle in Plan M-467 to approximately 40 metres inside of Plan M-424 on Sprucewood Drive and complete construction of Sprucewood Drive as a fully servicing road within these limits to the satisfaction of the City Engineer.

The City will provide a maximum of $40,000 for completing these works when the funds become available from the subdivider to the north, in the event that the subdivider of Plan M-467 does not complete these works.

2. Minimum Centreline of Road Radii:

All streets in the subdivision are to have centerline radii whichxonform to the City of London Standard “Minimum Centreline Radii of Curvature of Roads in Subdivisions.”


39T-04502E-6692 J. Leunlssen

3.

4.

5.

Road Widths:

a) Blackwater Road is to have a minimum road pavement width (excluding gutters) of 9.5 metres (31.2’) with a minimum road allowance of 21.5 metres (70’).

b) Sprucewood Drive is to have a minimum road pavement width (excluding gutters) of 7.0 metres (23’) with a minimum road allowance of 19.0 metres (62’);

c) The subdivider agrees that, if a parking plan is required for this subdivision, and increased pavement width is proposed to accommodate the parking plan, the road allowance width will be increased a corresponding amount in order to maintain the standard 6.0 m wide boulevards on either side of the road. Further, the subdivider agrees that any proposed widening of the pavement and the road allowance will be to the satisfaction of the City Engineer.

d) The subdivider agrees to construct Blackwater Road to secondary collector road standards as identified in the Stoney Creek Community Plan.

Sidewal ks/Bi kewavs:

a) The subdivider agrees to construct a 1.5 metres (5’) sidewalk on both sides of the following streets:

i) Blackwater Road

b) The subdivider agrees to construct a 1.5 metre (5’) sidewalk on one side of the following streets:

i) Sprucewood Drive -west boulevard ii) Adelaide Street North - east boulevard

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

d) The subdivider agrees that the pedestrian walkway, Block 21 is to be constructed to the “City Standard for Pedestrian Walkways”, including lighting if necessary, in accordance with City requirements and standards.

e) Bikeways will be required along the Adelaide Street North frontage in accordance with the City’s Bicycle Transportation Master Plan and/or as approved by the City Engineer.

The costs associated with the sidewalk and bikeway along the Adelaide Street North frontage will be claimable from the Urban Works Reserve Fund in accordance with By-law No. C.P. 1440-1 67.

9

Boundary Road Works:

a) The subdivider will be required to make minor boulevard improvements on Adelaide Street North adjacent to this plan to the specifications of the City Engineer and at no cost to the City, consisting of clean-up, grading and sodding as necessary.



6. Road Widening:

a) The subdivider will be required to dedicate sufficient land to widen Adelaide Street North to 18.0 metres (59.1’) from the centerline of the original road allowance of the existing road.

7. Vehicular Access:

The subdivider agrees that no vehicular access will be permitted to Block 10 from Adelaide Street North. All vehicular access is to be via the internal subdivision street, Blackwater Road.

8. Traffic Calming:

The subdivider agrees to submit a plan developed in the context of the road network established by the Stoney Creek Community Plan which identifies the traffic calming measures required along Blackwater Road to discourage through traffic and excessive vehicle speeds.

9. Construction Access/TemDorarv/Second Access Roads:

a) The subdivider agrees to direct all construction traffic associated with this plan to utilize Sprucewood Drive and Blackwater Road in Plan M-467 and not to use Blackwater Road and Sprucewood Drive in Plan M-424 to the south.

b) The subdivider agrees that, in the event that an emergency access is required for this subdivision, this requirement will be subject to satisfying the City Engineer with respect to all technical aspects, including adequacy of site lines, provision of channelization, adequacy of road geometries and structural design etc.

I O . Street Lightina:

a) The subdivider will be required to install street lighting along the Adelaide Street North frontage abutting this subdivision as determined to be warranted by and to the specifications of the City Engineer.

b) The subdivider will be required to install lighting along the walkway identified as Block 21 to the specifications of the City Engineer.

c) The costs associated for the street lighting along the Adelaide Street North frontage will be claimable from the Urban Works Reserve Fund in accordance with By-law No. C.P. 1440-167.

11. General:

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

b) Blocks for 0.3 m (1’) reserves will be required at the following locations: i) along the west limit of Block 10, Adelaide Street North frontage

C. GENERAL CONDITIONS

1. The subdivider agrees to have the common property line of Adelaide Street North graded in accordance with the City of London Standard “Subdivision Grading


2.

3.

4.

5.

39T6450212-6692 J. Leunissen

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 Adelaide Street North are the future centerline of road grades as determined by the subdivider’s professional engineer and accepted by the City Engineer. From these, the subdivider’s professional engineer is to determine the elevations along the common property line which will blend with the reconstructed road.

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

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

’

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

0

ii)

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

b) The subdivider further agrees to pay a proportional share of the operational, maintenance and/or monitoring costs of any affected unassumed sewers or SWM facilities (if applicable) to third parties that have constructed the services and/or facilities, to which the subdivider is connecting. The above-noted proportional share of the cost shall be based on contributing flows for sewers or on storage volume in the case of a SWM facility. The subdivider’s payments to third parties, shall:

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

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

With respect to any services and/or facilities constructed in conjunction with this plan, the subdivider agrees to permit the connection into and use of the subject services and/or facilities by outside owners whose lands are served by the said services and/or facilities, prior to the said services and/or facilities being assumed by the City.

The connection into and use of the subject services by an outside owner will be conditional upon the outside owner satisfying any requirements set out by the City, and agreement by the outside owner to pay a proportional share of the operational maintenance and/or monitoring costs of any affected unassumed services and/or facilities.

The subdivider agrees to construct all municipal services, including boulevard tree planting, for the subject lands at the sole expense of the subdivider. The details of the services required will be established by the City Engineer after particulars of engineering design are provided by the subdivider, in accordance with the policies and standards of the City prevailing at the time the Subdivision Agreement is approved by City Council. The provisions of all general by-laws,

Agenda Item ## Page ## 32

39T4450UZ-6692 J. Leunissen

policies and guidelines, as amended from time to time, including those pertaining to development charges and other levies, shall continue to apply to the subject lands and shall not be affected by any subdivision requirements respecting services.

6. The subdivider agrees that if, during the building or constructing of all buildings or works and services within this subdivision, any deposits of organic materials or refuse are encountered, these deposits must be reported to the City EngineerIChief Building Official immediately, and if required by the City EngineerIChief Building Official, the ownerkontractor will, at his own expense, retain a professional engineer competent in the field of methane gas to investigate these deposits and submit a full report on them to the City EngineerKhief Building Official. Should the report indicate the presence of methane gas then all of the recommendations of the engineer contained in any such report submitted to the City EngineerKhief Building Official shall be implemented and carried out under the supervision of the professional engineer, to the satisfaction of the City EngineerIChief Building Official and at the expense of the owner/contractor, before any construction progresses in such an instance. The report shall include provision for an ongoing methane gas monitoring program, if required, subject to the approval of the City Engineer and review for the duration of the approval program.

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

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

8. The subdivider agrees that a noise attenuation wall will be required between Block 10 and Adelaide Street North along the westerly limit of this plan of subdivision, at the subdivider’s expense, all in accordance with the guidelines adopted by Municipal Council on April 3, 1991.

9. The subdivider’s professional engineer is to determine the need for an Environmental Assessment under the Class EA requirements for the provision of any services related to this plan. No construction involving installation of services requiring an EA is to be undertaken prior to fulfilling the obligations and requirements of the Province of Ontario’s Environmental Assessment Act.

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

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

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

Agenda Item # Page ## 33

39T-0450212-6692 J. Leunissen

13. The subdivider agrees that no construction or installations of any kind (eg. clearing or servicing of land) involved with this plan shall be undertaken prior to obtaining all necessary permits, approvals and/or certificates that need to be issued in conjunction with the development of the subdivision, unless otherwise approved by the City in writing; (eg. MOE Certificates; City/Ministry/Government permits: Approved Works, water connection, water-taking, crown Land, navigable waterways; approvals: UTRCA, MNR, MOE, City; etc.) The subdivider agrees to have a report prepared by a qualified consultant, and if necessary, a detailed hydro geological investigation carried out by a qualified consultant, to determine the effects of the construction associated with this subdivision on the existing ground water elevations and domestic or farm wells in the area, to the satisfaction of the City Engineer. If necessary, the report is to also address any contamination impacts that may be anticipated or experienced as a result of the said construction. Any recommendations outlined in the report are to be reviewed and approved by the City Engineer, prior to any work on site. Should any remedial works be recommended in the report, the subdivider agrees to complete these works to the satisfaction of the City, at no cost to the City.

14.

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

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

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

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

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

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.


39T44502/2-6692 J. Leunissen

Appendix “39T-04502 - 3” Responses to the Public Liaison

TeleDhone

issue(s): Written

Peter Szuty, 550 Blackwater Place, London, ON N5X 4J4 General questions about the nature and timing of development.

Paul and Heather Ouimet, 542 Blackwater Place, London, ON N5X 4J4 issue(s): We are strongly opposed to the clearing of mature trees and the development

proposed for these lands. We understand existing portions of Blackwater Road will connect and some building will occur but we do not want to see cluster housing or multi-attached dwelling as it will bring down the value of our home and neighbourhood. The proposed plan includes a road running towards the rear of our house. We are concerned about lights shining towards our patio as well as increase noise and traffic. Removal of the trees and the proposed mass of development will seriously compromise the beauty, privacy and value of our home and neighbourhood.

Robert and Amanda Snider, 528 Sprucewood Drive, London, ON N5X 4J5 issue(s): We are against building multi-family residential on 1698 Adelaide Street

North. We purchased our home in a single family area not a medium density area. The condominiums will increase traffic in our area. We already have problems with speeding. Higher volumes of traffic will be detrimental and dangerous. Single houses will ensure more green space and trees instead of a mass housing structure. Row and cluster houses are sometimes geared to low income earners and renters and sometimes properties can fall into disarray. This neighbourhood is trying to stay family oriented and safe. We feel the proposal could lower the quality of our neighbourhood and ultimately lower the security and property value in our area.

Ed and Louise Jackman, 655 Sprucewood Drive, London, ON NSX 4L5 issue(s): We have several questions about the proposal. Will some of the green space

be preserved? Will the new units be owner occupied or rental? How will the flow of traffic reflect on existing streets? Will there be traffic lights on Adelaide Street North between Grenfell Drive and Sunningdale Road East? How long will it take for the City to decide on the application? Our concern is when will Sprucewood Drive be straightened and the catch basins tied into the storm sewers. Please provide us notice of the decision.

Aaron and Stacy Gould, 518 Blackwater Place, London, ON N5X 4J4 issue(s): We are not supportive of medium density residential as there is the potential

for multi-storey building standing over our property. Should this happen it would eliminate our privacy. Should the lands be re-designated as Low Density Residential, we would be in support. Will there be reasonable fencing to separate the new development and our property? Our other concern is with drainage. The subject property is several feet higher and any water draining down from the new development would increase the potential for flooding. In addition we are concerned about headlights from cars shining directly into our house. Will there be any effort to block headlights?

Mark and Michelle Del Vasto, 1810 Blackwater Road Drive, London, ON N5X 4L5 issue(s): I am circulating a petition opposing the request to allow cluster townhouse

dwellings to a maximum density of 35 unit per hectare. We, the residents of Blackwater road, Blackwater Place, Sprucewood Drive and neighbouring streets would like to see the western portion of the lands rezoned to “Environmental Review”. Upon environmental review of the area, the City would re-zone the lands to Open Space and create a community park.


39T-04502/2-6692 J. Leunlssen

We would like to express our opposition to the proposed zoning by-law amendment for the following reasons: Zoning to allow townhouse dwellings would decrease the market value and future increased market value of homes in our neighbourhood; The proposed small subdivision would increase traffic in the neighbourhood and pose a "huge" safety hazard for children; The extension of Blackwater Road would allow motorists to bypass Sunningdale Road East, Fanshawe Park Road East and Adelaide Street North; The proposed semi-detached and townhouse complex would further existing on-street parking problems; and, The proposed subdivision would eliminate all green space and trees in the area.

Nick Luna, 546 Blackwater Place, London, ON N5X 4J4 issue(s): 1 have some questions and concerns about the proposal. What will be the

selling price of the townhouse? I am concerned my property value may decrease is the selling price is too low. The proposed road comes up to my backyard. I am concerned about headlights that would affect my peace and quiet in my backyard. How far will the dwellings be setback from the property line and will any of the current trees be kept?

39t-0450212-6692 j. i fromcouncil.london.ca/councilarchives/agendas/planning committee age… · 1....

Documents