McCormick Villages Inc. v. London (City), 2025 CanLII 8411

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 28, 2025

CASE NO(S).: OLT-24-000073

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: McCormick Villages Inc.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit proposed draft plan of subdivision

Reference Number: 39T-21508/OZ-9545

Property Address: 1156 Dundas Street

Municipality/UT: City of London

OLT Case No.: OLT-24-000073

OLT Lead Case No.: OLT-24-000073

OLT Case Name: McCormick Villages Inc. v. London (City)

Heard: January 23, 2025 in Writing

APPEARANCES:

Parties

Counsel

McCormick Villages Inc.

P. Lombardi

City of London

C. McCreery A. Hovius (in absentia)

DECISION DELIVERED BY SHARON L. DIONNE AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1The matter before the Tribunal is a settlement of appeals filed by McCormick Villages Inc. (“Appellant”) against the City of London (“City”) in respect of the City’s failure to make a decision on a proposed Draft Plan of Subdivision (“DPS”) pursuant to s. 51(34) of the Planning Act, R.S.O., 1990, c. P.13, as amended (“Act”). The affected lands are municipally known as 1156 Dundas Street (“Subject Lands”).

2The Parties have reached a settlement in respect to the proposed DPS and Conditions of Draft Plan Approval (“Conditions of DPA”) for the development of the Subject Lands, and at their request the Tribunal has scheduled a written hearing on the appeals.

3It is noted that by way of the Tribunal’s Orders of July 24, 2024 and August 14, 2024, the related s.17(24) and s. 34(11) of the Act appeals have been dispensed with (OLT Case No. 22-004698). As a result, OPA 74 came into effect on June 19, 2024, and the Zoning By-law Amendment came into full force and effect on August 14, 2024.

EVIDENCE AND ANALYSIS

4The Tribunal confirms that it has received, reviewed and considered the uncontested opinion evidence of Bruce Page, contained in his comprehensive Affidavit sworn on January 22, 2025, and marked as Exhibit 1. Mr. Page is a candidate member of the Ontario Professional Planners Institute, and has been qualified by the Tribunal as an expert to provide land use planning opinion evidence in this hearing.

5The DPS before the Tribunal is found at Exhibit 1, Exhibit “C” and includes a medium density residential /commercial block on the site of the former McCormick Factory (Block 1), two medium density residential blocks (Blocks 2 and 4), a park block (Block 3), Gleeson Street (between Ashland Avenue and McCormick Boulevard), and 0.3 metre reserves (Blocks 5 – 7). It is noted that the plan has been revised to account for the removal of portions of the lands subject to a consent to sever for purposes of a long-term care seniors home and road dedication(s) for the re-alignment and widening of Dundas Street and Ashland Avenue, and addresses the issues of adequacy of parkland and pedestrian connectivity. The development includes the conservation/retention of a historic resource, namely the former McCormick Factory. The proposed Conditions of DPA are found in Exhibit 1, Exhibit “D”.

6The Tribunal accepts and relies upon the expert opinion of Bruce Page as presented in his Affidavit and is satisfied that the DPS, to be implemented by way of the Conditions of DPA, will provide for the orderly development of a range of housing types and densities, including seniors apartments and Industrial conversions to residential apartments, to meet long-term housing needs for current and future residents. Further the resulting development is in an appropriate location where existing infrastructure and public service facilities are available to support the needs of the residents within the development, and will result in additional neighbourhood park lands. The DPS is not premature, and represents good planning.

7The Tribunal finds that the DPS has regard to those matters listed under s. 51(24) of the Act, and that the Conditions of DPA, agreed upon by the Parties, are reasonable in accordance with s. 51(25) of the Act.

8The Tribunal finds that the DPS is consistent with the Provincial Planning Statement, 2024 (“PPS 2024”) and conforms with the relevant policies of the City of London Official Plan, as amended. The Tribunal also finds that the planning instruments attached to this Decision have appropriate regard for matters of provincial interest as set out in s. 2 of the Act and are in the public interest. The Tribunal makes its findings considering that the DPS and Conditions of DPA have been endorsed by the City.

ORDER

9THE TRIBUNAL ORDERS THAT the appeal is allowed in part and the draft plan submitted by McCormick Villages Inc., being File No. 39T-21508, prepared by Dillon Consulting (Project No. 180204) and certified by Terry Dietz Ontario Land Surveyor on October 28, 2024, and attached hereto as Attachment 1 is approved subject to the fulfillment of the Conditions of Draft Plan Approval set out in Attachment 2 to this Order;

10AND THE TRIBUNAL ORDERS THAT pursuant to subsection 51(56.1) of the Planning Act, the City of London shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision for the purposes of subsection 51(58) of the Act. In the event, that there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Tribunal may be spoken to.

“Sharon L. Dionne”

SHARON L. DIONNE

MEMBER

Ontario Land Tribunal

Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT 1

ATTACHMENT 2

THE CORPORATION OF THE CITY OF LONDON’S CONDITIONS AND AMENDMENTS TO FINAL APPROVAL FOR THE REGISTRATION OF THIS SUBDIVISION, FILE NUMBER 39T-21508 ARE AS FOLLOWS:

NO. CONDITIONS

General

1. This draft approval applies to the draft plan submitted by McCormick Villages Inc., File No. 39T-21508, prepared by Dillon Consulting, drawing no. 180204 revision no. 4, and certified by Terry Dietz O.L.S. on October 28, 2024, which shows a total of three (3) medium density residential blocks (Blocks 1, 2, 4), one (1) park block (Block 3), road block (Gleeson Street), and reserve blocks (Blocks 5-7).

2. This approval of the draft plan applies for three (3) years from the date of issuance of the Order of the Ontario Land Tribunal for Case No. OLT-24-000073, dated January 28, 2025 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.

3. The Owner shall enter into a subdivision agreement with the City, in the City’s current approved form (a copy of which can be obtained from Planning and Development), which includes all works and services required for this plan, and this agreement shall be registered against the lands to which it applies.

4. The Owner shall comply with all City of London standards, guidelines and requirements in the design of this draft plan and all required engineering drawings, to the satisfaction of the City. Any deviations from the City’s standards, guidelines or requirements shall be satisfactory to the City.

5. In conjunction with the first submission of engineering drawings, street(s) shall be named and the municipal addressing shall be assigned to the satisfaction of the City.

6. 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.

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

8. Prior to final approval the Owner shall pay in full all financial obligations/encumbrances owing to the City on the said lands, including property taxes and local improvement charges.

9. Prior to final approval, the Owner shall provide copies of all transfer documentation for all land transfers/dedications and easements being conveyed to the City, for the City’s review and approval.

10. Prior to final approval, for the purposes of satisfying any of the conditions of draft approval herein contained, the Owner shall file with the Approval Authority a complete submission consisting of all required clearances, fees, final plans, and any required studies, reports, data, information or detailed engineering drawings, and to advise the Approval Authority in writing how each of the conditions of draft approval has been, or will be, satisfied. The Owner acknowledges that, in the event that the final approval package does not include the complete information required by the Approval Authority, such submission will be returned to the Owner without detailed review by the City.

Planning

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

12. In conjunction with the first submission of engineering drawings, the Owner shall submit a lotting plan which complies with all City standards and zoning regulations all to the satisfaction of the City.

13. In conjunction with the Focused Design Studies submission, the Owner shall have a qualified acoustical consultant prepare a noise study concerning the impact of the adjacent industrial uses. The noise study shall be prepared in accordance with the Ministry of the Environment Guidelines and the City of London policies and guidelines. Any recommended noise attenuation measures are to be reviewed and accepted by the City. The final accepted recommendations shall be constructed or installed by the Owner or may be incorporated into the subdivision agreement.

14. The Owner acknowledges at the time of Part Lot Control for street townhouses, an easement, width to be determined, is to be provided at the rear of all units for access purposes, to the specifications and satisfaction of the City.

15. For residential blocks proposed for street townhouse dwellings, the Owner shall as part of the registration of the plan make the necessary legal arrangements to establish a minimum of a one (1.0) metre 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, to the satisfaction of the City.

Heritage and Urban Design

16. In conjunction with the Focused Design Studies submission, the Owner will provide an updated Heritage Impact Assessment, completed to the satisfaction of the City to address the following:

i) Changes/updates to the Plan of Subdivision or proposed heights/densities since the last submission of the HIA;

ii) Adjacent heritage listed properties and potential impacts as a result of the build out of the blocks within the Subdivision;

iii) Comment on/prepare recommendations related to building design strategies for the blocks and their relationship to the existing factory;

iv) Re-affirm the requirement to amend the heritage designating by-law to accurately reflect the legal description of the property that contains the existing factory;

v) Address specific interim protections for the existing factory building and to recommend potential mitigation requirements for any potential impacts that may be experienced during construction of other phases or blocks; and,

vi) Identify additional technical heritage studies or permitting requirements for the adaptive re-use of the factory including but not limited to a Conservation Plan and Heritage Alteration Permit.

17. Prior to final approval of the subdivision, the Owner shall make application to the City to amend the heritage designating by-law for the rear portion of the subject property to accurately reflect the legal description of the property that is of cultural heritage value or interest.

18. In conjunction with the first submission of engineering drawings, the Owner shall provide conceptual block plans for the medium density blocks, detailing locations of buildings, parking areas, building orientation towards the public streets and open spaces, multi-use pathways and other relevant information, to the satisfaction of City.

19. In conjunction with the Focused Design Studies Submission, the Owner shall show a “Green Link” corridor along the south side of the proposed Gleeson Street extension. The “Green Link” should be fully accommodated in the Gleeson Street road allowance.

Environmental and Parks

20. The Owner shall dedicate Park Block 3 as partial fulfillment of the required parkland dedication associated with this draft plan. The balance of parkland dedication shall be provided to the City at the time of development (site plan) of Block 1 as:

i) A three (3) meter wide multi-use pathway which conforms to City Standards as generally shown on the approved engineering drawings (a refined multi-pathway will be detailed through the site plan process);

ii) An enlarged pathway corridor near Ashland Avenue to accommodate the change in grade to satisfy City Standards; and

iii) A one (1.0) meter public use agreement on lands abutting the north and south and east-west pathway corridors, including Block 1, Block 2, Block 3. For those lands abutting 447 Ashland Avenue, the 3.0 m pathway shall abut directly along the property line with the 1m public use easement being situated on the 447 Ashland Avenue as shown on 33R21990.

21. Within one (1) year of registration of this plan, the Owner shall grade, service and seed all Park Blocks, transferred to the City as part of the parkland dedication requirements, pursuant to current City Park development standards, to the satisfaction of City, and at no cost to the City. Park Blocks shall not be used for stockpiling of any kind.

22. Within one (1) year of registration of this Plan or otherwise approved by the City, the Owner shall install a 1.5 metre chain link fence, without gates, along the property limit interface of all private Lots and Blocks adjacent to any park and/or open space Blocks, in accordance with the approved engineering drawings and City Standard S.P.O.-4.8, to the satisfaction of the City, and at no cost to the City. Any alternative fencing arrangements shall be to the approval and the satisfaction of the City.

Engineering

Sanitary:

24. In conjunction with the first submission of engineering drawings, the Owner shall have their consulting engineer prepare and submit the following sanitary servicing design information:

i) Provide a sanitary drainage area plan, including the sanitary sewer routing and the external areas to be serviced through this draft plan to the satisfaction of the Deputy City Manager, Environment and Infrastructure;

ii) Provide clarification that the proposed zoning amendments and the respective changes in population, drainage area and the outlet(s) is compatible with accepted record drawings and drainage area plans. Any areas that are tributary are to be accommodated and routing and sewer extensions are to be shown such that they connect to their respective outlet locations. Any upgrades, if required, are to be at no cost to the City;

iii) Provide confirmation of all proposed build forms, lot fabric and layout and ensure that all street facing dwelling units meet municipal standards for narrow lot servicing and are individually serviced to the fronting sewer;

iv) Provide confirmation how all blocks are expected to be serviced including block 1 and provide an inventory of all existing storm and sanitary connections as no storm connections from existing McCormick Buildings are permitted to be directed to the sanitary sewer;

v) Propose a suitable routing for the sanitary sewer to be constructed through this plan. Further to this, the consulting engineer shall be required to provide an opinion for the need for an Environmental Assessment under the Class EA requirement for this sanitary trunk sewer; and

vi) Provide a hydrogeological report which includes an analysis of the water table level of the lands within the subdivision with respect to the depth of the local sanitary sewers and an evaluation of additional measures, if any, which need to be undertaken in order to meet allowable inflow and infiltration levels as identified by OPSS 410 and OPSS 407.

vii) Demonstrate that the servicing to the proposed street townhouses can be constructed with adequate separation distances and avoid conflicts with City services, which meet City of London standards and requirements.

25. In accordance with City standards or as otherwise required by the Deputy City Manager, Environment and Infrastructure, the Owner shall complete the following for the provision of sanitary services for this draft plan of subdivision:

i) Construct sanitary sewers to serve this Plan and connect them to the existing municipal sewer system, namely, the 375mm (15inch) diameter sewer located on McCormick Boulevard;

ii) Construct a maintenance access road and provide a standard municipal easement for any section of the sewer not located within the road allowance, to the satisfaction of the City Engineer;

iii) Make provisions for oversizing of the internal sanitary sewers in this draft plan to accommodate flows from the upstream lands external to this plan, all to the specifications of the City Engineer. This sewer must be extended to the limits of this plan and/or property line to service the upstream external lands; and

iv) Where sewers are greater than 8 metres in depth and are located within the municipal roadway, the Owner shall construct a local sanitary sewer to provide servicing outlets for private drain connections, to the satisfaction of the City Engineer. The local sanitary sewer will be at the sole cost of the Owner. Any exception will require the approval of the City Engineer.

v) Implementing all inflow and infiltration mitigation measures to meet allowable inflow and infiltration level as identified by OPSS 407 and OPSS 410 as well as any additional measures recommended in the hydrogeological report.

Storm and Stormwater Management (SWM)

26. In conjunction with the Focused Design Studies, the Owner shall have their consulting engineer prepare and submit a Storm/Drainage and a SWM Servicing Report of Confirmation to address the following:

i) Identifying the storm/drainage and SWM servicing works for the subject and external lands and how the interim drainage from external lands will be managed, all to the satisfaction of the City;

ii) Identifying major and minor storm flow routes for the subject and external lands, including but not limited to major and minor storm flow routes and water quantity and quality controls for the subject land and those stormwater/drainage and SWM servicing works shall be design all to the satisfaction of the City;

iii) Make provisions to oversize and deepen the internal storm sewers in this plan, if necessary, to accommodate flows from upstream lands external to this plan;

iv) Ensure that all existing upstream external flows traversing this plan of subdivision are accommodated within the overall minor and major storm conveyance servicing system(s) design, all to the specifications and satisfaction of the Deputy City Manager, Environment and Infrastructure;

v) Develop sediment and erosion control plan(s) that will identify all sediment and erosion control measures, responsibilities, and inspecting/reporting requirements for the subject lands in accordance with City of London, the Ministry of the Environment, Conservation and Parks (MECP) standards and requirements, and current industry standards all to the specification and satisfaction of the City. The sediment and erosion control plan(s) shall confirm and identify all interim and long-term drainage measures as well as a monitoring program that would be required for both registration and construction phasing/staging of the development and any major revisions to these plans after the initial acceptance shall be reviewed/accepted by the City for conformance to our standards and the Erosion and Sediment Control Guideline for Urban Construction (TRCA, December 2019). The erosion and sediment control plan and monitoring program shall be developed with consideration for the sensitive downstream habitat and any recommendations associated to the habitat features, if any. Prior to any work on the site, the Owner’s professional engineer shall submit these measures and is to have these measures established and approved all to the satisfaction of the City where applicable. Further, the Owner’s Professional Engineer must inspect and confirm that the required erosion and sediment control measures are maintained and operated as intended during all phases of construction;

vi) Implement SWM soft measure Best Management Practices (BMP’s) within the Plan, where possible, to the satisfaction of the City. 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 Deputy City Manager, Environment and Infrastructure; and,

vii) Ensure the post-development discharge flow from the subject site must not exceed capacity of the stormwater conveyance system. In an event where the condition cannot be met, the Owner shall provide SWM on-site controls that comply with the accepted Design Requirements for permanent Private Stormwater Systems.

viii) Provide an erosion/sediment control plan associated with any proposed LID features, if any, that will identify all erosion and sediment control measures to be used prior during and after the LID features are implemented. These measures shall be a component of the Functional Storm/Drainage Servicing Report along with any other identified erosion and sediment control measures for the site, all to the satisfaction of the City.

ix) Demonstrate that post-development major stormwater discharge flows from this plan and any identified external area can be contained within the proposed right-of-way throughout this plan and be safely conveyed to the intended outlet, including the evaluation of any required traffic calming measures. If major flows cannot be contained within ROWs, additional quantity storage shall be provided within the limits of this Plan all in accordance with the City’s updated Stormwater Management Design Specifications and Requirements Manual (section 6.2.3).

x) Include rationale and calculations of representative lot level runoff coefficient values based on all anticipated impervious surfaces such as buildings and hardscaping to verify the proposed development meets approved “C” runoff coefficients.

27. The subdivision to which this draft approval relate shall be designed such that increased and accelerated stormwater runoff from this subdivision will not cause damage to downstream lands, properties or structures beyond the limits of this subdivision. Notwithstanding any requirements of, or any approval given by the City, 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.

28. The Owner shall have his professional engineer design and oversee the construction of the proposed storm/drainage to service the total catchment area, all to the satisfaction of the City and according to the recommendations and requirements of the following:

i) The City’s SWM criteria and the environmental targets for the Central Thames Subwatershed Study;

ii) The Functional Storm/Drainage Servicing Report for the subject development demonstrating that the proper SWM practices will be applied to ensure the maximum permissible storm run-off discharge from the subject site will not exceed the peak discharge of storm run-off allocated by the City as part of the 2016 Infrastructure Renewal Program – Contract # 4 (AGM, 2017);

iii) The City Design Requirements for Permanent Private Stormwater Systems were approved by City Council and is effective as of January 01, 2012. The stormwater requirements for PPS for all medium/high density residential, institutional, commercial and industrial development sites are contained in this document, which may include but not be limited to quantity/quality control, erosion, stream morphology, etc.

iv) The City’s Waste Discharge and Drainage By-Laws, lot grading standards, policies, requirements and practices;

v) The Ministry of the Environment, Conservation and Parks (MECP) Low Impact Development (LID) Stormwater Management Guidance Manual, and

vi) Applicable Acts, Policies, Guidelines, Standards and Requirements of all required approval agencies, including but not limited to the Erosion and Sediment Control Guideline for Urban Construction (TRCA, December 2019), etc.

29. In accordance with City standards or as otherwise required by the Deputy City Manager, Environment and Infrastructure, the Owner shall complete the following for the provision of stormwater management (SWM) and stormwater services for this draft plan of subdivision:

i) Construct storm sewers to serve this plan, located within the Central Thames Subwatershed, and connect storm servicing to serve this Plan to the existing municipal storm sewer system, namely, the 750 mm diameter storm sewer located on McCormick Boulevard and 450 mm diameter storm sewer on Ashland Avenue.

30. In conjunction with the Focused Design Studies submission, the Owner shall have a professional engineer prepare a hydrogeological investigation and/or addendum/update to any existing hydrogeological investigation(s) based on the final subdivision design and as directed by the City’s Hydrogeologist Engineer, to determine the potential short-term and long-term effects of the construction associated with the development on existing groundwater elevations and to assess the impact on the water balance of the subject plan, identifying all required mitigation measures, including Low Impact Development (LIDs) solutions to the satisfaction of the City. Elements of the hydrogeological investigation may include, but are not to be limited to, the following:

i) Evaluation of the hydrogeological regime, including specific aquifer properties, static groundwater levels, and groundwater flow direction;

ii) Evaluation of water quality characteristics and the potential interaction between shallow groundwater, surface water features, and nearby natural heritage features, if any;

iii) Completion of a water balance and/or addendum/update to any existing water balance for the proposed development to include the use of LIDs for any nearby natural heritage feature, if any, as appropriate;

iv) Details related to proposed LID solutions, if applicable, including details related to the long-term operations of the LID systems as it relates to seasonal fluctuations of the groundwater table;

v) Evaluation of construction related impacts and their potential effects on the shallow groundwater system;

vi) Confirmation that allowable inflow and infiltration levels have been met as identified by OPSS 410 and OPSS 407, include an analysis to establish the water table level of lands within the subdivision with respect to the depth of the sanitary sewers and recommend additional measures, if any, which need to be undertaken, all to the satisfaction of the City;

vii) Evaluation of construction related impacts and their potential effects on local significant features, if any;

viii) Development of appropriate short-term and long-term monitoring plans (if applicable);

ix) Development of appropriate contingency plans (if applicable) in the event of groundwater interference related to construction.

x) the effects of the construction associated with this subdivision on the existing ground water elevations and domestic or farm wells in the area

xi) identify any abandoned wells in this plan

xii) any fill required in the plan

xiii) provide recommendations for foundation design should high groundwater be encountered

xiv) address any contamination impacts that may be anticipated or experienced as a result of the said construction

xv) provide recommendations regarding soil conditions and fill needs in the location of any existing watercourses or bodies of water on the site.

31. In conjunction with the first submission of engineering drawings, the Owner’s professional engineer shall certify that any remedial or other works as recommended in the accepted hydro geological report are implemented by the Owner, to the satisfaction of the City, at no cost to the City.

32. Should the Owner be considering the use of LIDs on this plan of subdivision to manage water quality in lieu of any other alternatives such as OGSs etc., their consultant and Qualified Person must ensure that no groundwater contaminants are mobilized as a result of the incorporation of LID strategies. As a result, any proposed LID for the site, as part of the first phase of this subdivision and subsequent development applications for Blocks 1, 2 and 4, shall not be designed for infiltration. Please refer to Section 6.0 of the City of London Design Standards for guidance on LID implementation and design.

33. In conjunction with the first submission of engineering drawings, the Owner’s consulting Professional Engineer shall submit, a Monitoring and Operational Procedure Manual (if applicable) for the maintenance and monitoring program for each of the SWM features within this plan (i.e., LIDs, OGSs, etc.) or within each of the identified phases/stages of development, in accordance with the City’s “Monitoring and Operational Procedure for Stormwater Management Facilities” and other available guidance document requirements to the City for review and approval. The program shall include but not be limited to the following:

i) A work program manual for the phasing, maintenance and monitoring of these facilities during all phases of buildout as well as following assumption.

ii) A verification and compliance monitoring program the developer will need to complete to verify the SWM features meet the intended design prior to assumption.

34. Following construction and prior to the assumption of the stormwater management features, if any, the Owner shall complete the following at no cost to the City, and all to the satisfaction of the City:

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

ii) Have its consulting Professional Engineer submit monthly monitoring reports (beginning March 1st to November 1st in a calendar year) in accordance with the approved maintenance and monitoring program and the City’s “monitoring and Operational Procedure for Stormwater Management Facilities” to the City.

Watermains

35. In conjunction with the Focused Design Studies submission the Owner shall have their consulting engineer prepare and submit a Water Servicing Report including the following design information, all to the satisfaction of the Deputy City Manager, Environment and Infrastructure:

i) Water distribution system analysis & modeling and hydraulic calculations for the Plan of Subdivision confirming system design requirements are being met;

ii) Identify domestic and fire flows for the residential/development Blocks from the low-level water distribution system;

iii) Address water quality and identify measures to maintain water quality from zero build-out through full build-out of the subdivision;

iv) Include modeling as per section 7.14 of the City Design Standards as well as for two fire flow scenarios as follows:

i) Max Day + Fire confirming velocities and pressures within the system at the design fire flows, and

ii) Max Day + Fire confirming the available fire flows at fire hydrants at 20 PSI residual. Identify fire flows available from each proposed hydrant to be constructed and determine the appropriate colour hydrant markers (identifying hydrant rated capacity);

v) Include a staging and phasing report as applicable which addresses the requirement to maintain interim water quality;

vi) Develop a looping strategy when development is proposed to proceed beyond 80 units;

vii) Identify any water servicing requirements necessary to provide water servicing to external lands, incorporating existing area plans as applicable;

viii) Identify any need for the construction of or improvement to external works necessary to provide water servicing to this Plan of Subdivision;

ix) Identify any required watermain oversizing and any cost sharing agreements;

x) Identify the effect of development on existing water infrastructure and identify potential conflicts;

xi) Include full-sized water distribution and area plan(s) which includes identifying the location of valves & hydrants, the type and location of water quality measures to be implemented (including automatic flushing device settings and outlet), the fire hydrant rated capacity & marker colour, and the design domestic and fire flow applied to development Blocks;

xii) Provide a servicing concept acceptable to the City Engineer for any proposed street townhouse (or narrow frontage) lots which demonstrates separation requirements for all services is being achieved.

36. The Owner acknowledges that future calculations and water modeling will be required at site plan stage for each block to identify the actual fire flows required for that proposed development, to the satisfaction f the City.

These fire flows shall not exceed the maximum fire flows identified in Dillons revised Water Servicing Memo dated June 24, 2022.

If fire flows required are larger than what is identified in Dillons revised report, it would be a responsibility of the developer to upsize any municipal watermain(s) necessary to meet the fire flow demands required for that development, all to the specifications and satisfaction of the City.

37. In accordance with City standards, or as otherwise required by the Deputy City Manager, Environment and Infrastructure, the Owner shall complete the following for the provision of water service to this draft Plan of Subdivision:

i) Construct watermains to serve this Plan and connect the proposed watermains to serve this Plan to the existing low-level municipal system, namely the existing 300 mm diameter watermain on McCormick Boulevard, the existing 300 mm diameter watermain on Dundas Street, and the 150 mm diameter watermain on Ashland Avenue.

ii) Deliver confirmation that the watermain system has been looped to the satisfaction of the Deputy City Manager, Environment and Infrastructure when development is proposed to proceed beyond 80 units;

iii) Available fire flows and appropriate hydrant rated capacity colour code markers are to be shown on the engineering drawings; the coloured fire hydrant markers will be installed by the City of London at the time of Conditional Approval;

38. The Owner shall obtain all necessary approvals from the Deputy City Manager, Environment and Infrastructure for the servicing of all Blocks in this Plan of Subdivision prior to the installation of any water services to or within these Blocks.

Roadworks

39. All through intersections and connections with existing streets and internal to this subdivision shall align with the opposing streets based on the centrelines of the street aligning perpendicular through their intersections and opposite each other thereby having these streets centred with each other, unless otherwise approved by the Deputy City Manager, Environment and Infrastructure.

40. In conjunction with the first submission of engineering drawings, the Owner shall have its consulting engineer provide the following, all to the specifications and satisfaction of the Deputy City Manager, Environment and Infrastructure:

i) provide a proposed layout plan of the internal road network including taper details for streets in this plan that change right-of-way widths with minimum 30 metre tapers for review and acceptance with respect to road geometries, including but not limited to, right-of-way widths, tapers, bends, intersection layout, daylighting triangles, 10 m straight tangents, etc., and include any associated adjustments to the abutting lots. The roads shall be equally tapered and aligned based on the road centrelines and it should be noted tapers are not to be within intersections.

ii) confirm that all streets in the subdivision have centreline radii which conforms to the City of London Standard “Minimum Centreline Radii of Curvature of Roads in Subdivisions:”

iii) At ‘tee’ intersection, the projected road centreline of the intersecting street shall intersect the through street at 90 degrees with a minimum 10 metre tangent being required along the street lines of the intersecting road, to the satisfaction of the Deputy City Manager, Environment and Infrastructure.

iv) shall ensure street light poles and luminaires, along the street being extended, match the style of street light already existing or approved along the developed portion of the street, to the satisfaction of the City of London.

v) shall establish and maintain a Traffic Management Plan (TMP) in conformance with City guidelines and to the satisfaction of the Deputy City Manager, Environment and Infrastructure for any construction activity that will occur on an assumed street.

41. The Owner shall have it’s professional engineer design and construct the roadworks in accordance with the following road widths:

i) Gleeson Street has a minimum road pavement width (excluding gutters) of 7.5 metres with a minimum road allowance of 20 metres.

42. In conjunction with the first submission of engineering drawings, the Owner shall implement barrier curb through this plan of subdivision as per the Design Specifications and requirements Manual (DSRM), to the satisfaction of the Deputy City Manager, Environment and Infrastructure.

43. In conjunction with the first submission of engineering drawings, the Owner shall comply with the Complete Streets Manual to the satisfaction of the Deputy City Manager, Environment and Infrastructure.

44. In conjunction with the first submission of engineering drawings, the Owner shall provide details of the closure and restoration of the boulevard for the existing accesses to Dundas Street, to the satisfaction of the City, at no cost to the City.

Sidewalks

45. In conjunction with the first submission of engineering drawings, the Owner shall provide details of a 1.5 metre (5’) sidewalk on both sides of Gleeson Street. A 2.5m boulevard width (back of curb to sidewalk) shall be provided.

46. In conjunction with the first submission of engineering drawings, the Owner shall provide details of a 1.5 metre (5’) sidewalk on the east side of McCormick Boulevard. A 2.5m boulevard width (back of curb to sidewalk) shall be provided

47. In conjunction with the first submission of engineering drawings, the Owner shall provide details of a 1.5 metre (5’) sidewalk on the west side of Ashland Avenue. A 2.5m boulevard width (back of curb to sidewalk) shall be provided.

Street Lights

48. In conjunction with the submission of engineering drawings, the Owner shall have a qualified professional engineer provide to the Deputy City Manager, Environment and Infrastructure for review and acceptance appropriate drawings and calculations (eg photometric) for street lights that exceeds the street lighting standards in new subdivisions as required by the Deputy City Manager, Environment and Infrastructure at no cost to the City.

49. In conjunction with the first submission of engineering drawings, the Owner shall provide details of street lighting on all streets and walkways in this plan to the satisfaction of the City, at no cost to the City.

50. In conjunction with the first submission of engineering drawings, the Owner shall provide details of temporary street lighting at the intersection of Gleeson Boulevard and McCormick Boulevard, and Gleeson Boulevard and Ashland Avenue, to the specifications of the City, at no cost to the City.

Boundary Road Works

51. In conjunction with the first submission of engineering drawings, the Owner shall implement all recommendations outlined in the approved Transportation Impact Assessment to the satisfaction of the Deputy City Manager, Environment and Infrastructure.

52. In conjunction with first submission of engineering drawings, the Owner shall provide a pavement marking plan, to include all turn lanes, etc., if necessary, to the satisfaction of the Deputy City Manager, Environment and Infrastructure.

53. The Owner shall red-line the draft plan of subdivision to identify the Ashland Avenue realignment to be constructed by the City, to the satisfaction of the City.

54. In conjunction with the first submission of engineering drawings, the Owner shall red-line the Plan to realign Ashland Avenue as per the City’s design, all to the satisfaction of the City.

55. The Owner shall not develop Blocks 1 until Ashland Avenue is realigned and constructed to it’s ultimate profile.

56. The Owner shall provide a temporary working easement along the Dundas Street and Ashland Avenue road frontages of Block 1 in order to allow for the reconstruction of Dundas Street and Ashland Avenue, which shall be released by the City when it is no longer needed, at no cost to the City.

57. The Owner acknowledges that the City, in accordance with the City’s current Growth Management Implementation Strategy (GMIS) may be reconstructing Ashland Avenue and Dundas Street. The Owner shall co-operate with the City, as necessary, to complete the project, including providing access to their lands and easements as necessary.

58. In conjunction with the first submission of engineering drawings, the Owner shall identify minor boulevard improvements on Dundas Street, McCormick Boulevard and Ashland Avenue adjacent to this Plan, to the specifications of the City and at no cost to the City, consisting of clean-up, grading and sodding as necessary.

Road Widening

62. The Owner shall be required to dedicate sufficient land to widen Ashland Avenue to 10.75 metres from the future centreline road once Ashland Avenue has been realigned, to the satisfaction of the City.

63. The Owner shall be required to dedicate 6.0 m x 6.0 m “daylighting triangles” at the major intersections of Dundas Street and McCormick Boulevard and Dundas Street and Ashland Avenue as per Zoning-By-law Z1 Section 4.21.1, to the satisfaction of the City.

64. The Owner shall be required to dedicate 3.0 m x 3.0 m “daylighting triangles” at Gleeson Street and McCormick Boulevard and at Gleeson Street and Ashland Avenue, to the satisfaction of the City.

Vehicular Access

65. The Owner shall ensure that no vehicular access will be permitted to Block 1 from Dundas Street.

66. The Owner shall restrict access to Block 1 by establishing blocks for a 0.3 metre reserve along the entire Dundas Street frontages, to the satisfaction of the City.

67. The Owner shall restrict access to Block 1 by establishing block for a 0.3 metre reserve along McCormick Boulevard from the centreline of Dundas Street 75 metres northerly, to the satisfaction of the City.

68. The Owner shall restrict access to Block 1 by establishing a 0.3 metre reserve along the west side of Ashland Avenue to Osborne Street, to the satisfaction of the City.

Traffic Calming

69. In conjunction with the first submission of engineering drawings, the Owner shall identify and install the following traffic calming measures along the neighbourhood street road network:

o Traffic Calming shall be provided on Gleeson Street in the form of speed cushions as per City standards, spaced at 100m, avoiding maintenance covers and intersections to the satisfaction of the Deputy City Manager, Environment and Infrastructure. Coordination with Traffic Calming staff required trafficcalming@london.ca.

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 Deputy City Manager, Environment and Infrastructure.

Construction Access

70. The Owner shall direct all construction traffic associated with this draft plan of subdivision to utilize McCormick Boulevard via Dundas Street or other routes as designated by the City.

General

71. Prior to final approval, the Owner shall make arrangements with the affected property owner(s) for the construction of any portions of services or grading situated on private lands outside this plan, and shall provide satisfactory easements over these works, as necessary, all to the specifications and satisfaction of the City, at no cost to the City.

72. Once construction of any private services, i.e.: water storm or sanitary, to service the lots and blocks in this plan is completed and any proposed re-lotting of the plan is undertaken, the Owner shall reconstruct all previously installed services in standard location, in accordance with the approved final lotting and approved revised servicing drawings all to the specification of the Deputy City Manager, Environment and Infrastructure and at no cost to the City.

73. The Owner shall connect to all existing services and extend all services to the limits of the draft plan of subdivision as per the accepted engineering drawings, at no cost to the City, all to the specifications and satisfaction of the Deputy City Manager, Environment and Infrastructure.

74. The Owner’s professional engineer shall provide full time inspection services during construction for all work to be assumed by the City, and shall supply the City with a Certification of Completion of Works upon completion, in accordance with the plans accepted by the Deputy City Manager, Environment and Infrastructure.

75. Prior to the construction of works on existing City streets and/or unassumed subdivisions, the Owner shall have its professional engineer notify new and 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 along with any remedial works prior to assumption, all in accordance with Council policy for “Guidelines for Notification to Public for Major Construction Projects”.

76. The Owner shall not commence construction or installations of any services (e.g. clearing or servicing of land) involved with this Plan 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 (e.g. Ministry of the Environment, Conservation and Parks Certificates, City/Ministry/Government permits: Permit of Approved Works, water connection, water-taking, crown land, navigable waterways, approvals: Upper Thames River Conservation Authority, Ministry of Natural Resources, Ministry of the Environment, Conservation and Parks, City, etc.)

77. In conjunction with the first submission of engineering drawings, in the event the Owner wishes to phase this plan of subdivision, the Owner shall submit a phasing plan identifying all required temporary measures, and identify land and/or easements required for the routing of services which are necessary to service upstream lands outside this draft plan to the limit of the plan to be provided at the time of registration of each phase, all to the specifications and satisfaction of the City.

78. If any temporary measures are required to support the interim conditions in conjunction with the phasing, the Owner shall construct temporary measures and provide all necessary land and/or easements, to the specifications and satisfaction of the Deputy City Manager, Environment and Infrastructure, at no cost to the City.

79. In conjunction with registration of the Plan, the Owner shall provide to the appropriate authorities such easements and/or land dedications as may be required for all municipal works and services associated with the development of the subject lands, such as road, utility, drainage or stormwater management (SWM) purposes, to the satisfaction of the City, at no cost to the City.

80. The Owner shall remove all existing accesses and restore all affected areas, all to the satisfaction of the City, at no cost to the City.

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

82. The Owner shall make all necessary arrangements with any required owner(s) to have any existing easement(s) in this plan quit claimed to the satisfaction of the City and at no cost to the City. The Owner shall protect any existing municipal or private services in the said easement(s) until such time as they are removed and replaced with appropriate municipal and/or private services and these services are operational, at no cost to the City.

Following the removal of any existing private services from the said easement and the appropriate municipal services and/or private services are installed and operational, the Owner shall make all necessary arrangement to have any section(s) of easement(s) in this plan quit claimed to the satisfaction of the City, at no cost to the City.

83. In conjunction with first submission of engineering drawings, the Owner shall submit a Development Charge work plan outlining the costs associated with the design and construction of the DC eligible works. The work plan must be approved by the Deputy City Manager,Environment and Infrastructure and City Treasurer (as outlined in the most current DC By-law) prior to advancing a report to Planning and Environment Committee recommending approval of the special provisions for the subdivision agreement.

84. In conjunction with the Focused Design Studies submission, the Owner shall have it geotechnical engineer identify if there is any evidence of methane gas within or in the vicinity of this draft plan of subdivision, to the satisfaction of the City. Should it be determined there is any methane gas within or in the vicinity of this draft plan of subdivision, the Owner’s geotechnical engineer shall provide any necessary recommendations. The Owner shall implement any recommendations of the geotechnical engineer, under the supervision of the geotechnical engineer, to the satisfaction of the City, at no cost to the City.

85. In conjunction with the Focused Design Studies submission, the Owner shall have it geotechnical engineer identify if there is any evidence of contamination within or in the vicinity of this draft plan of subdivision, to the satisfaction of the City. Should it be determined there is any contamination within or in the vicinity of this draft plan of subdivision, the Owner’s geotechnical engineer shall provide any necessary recommendations. The Owner shall implement any recommendations of the geotechnical engineer to remediate, remove and/or dispose of any contaminates under the supervision of the geotechnical engineer to the satisfaction of the City, at no cost to the City.

86. In conjunction with the Focused Design Studies submission, the Owner shall provide, to the City for review and acceptance, a geotechnical report or update the existing geotechnical report recommendations to address all geotechnical issues with respect to the development of this plan, including, but not limited to, the following:

i) servicing, grading and drainage of this subdivision

ii) road pavement structure

iii) dewatering

iv) foundation design

v) removal of existing fill (including but not limited to organic and deleterious materials)

vi) the placement of new engineering fill

vii) any necessary setbacks related to slope stability for lands within this plan

viii) identifying all required mitigation measures including Low Impact Development (LIDs) solutions,

ix) Addressing all issues with respect to construction and any necessary setbacks related to erosion, maintenance and structural setbacks related to slope stability for lands within this plan, if necessary, to the satisfaction and specifications of the City. The Owner shall provide written acceptance from the Upper Thames River Conservation Authority for the final setback.

and any other requirements as needed by the City, all to the satisfaction of the City.

87. In conjunction with the first submission of engineering drawings, the Owner shall implement all geotechnical recommendations to the satisfaction of the City.

88. In conjunction with the submission of engineering drawings, the Owner shall provide a minimum lot frontage of 6.7 metres as per City standards to accommodate street townhouses within this draft plan of subdivision, all the specifications and satisfaction of the City.

89. The Owner shall have the common property line of Dundas Street, McCormick Boulevard and Ashland Avenue graded in accordance with the accepted engineering drawings, to the satisfaction of the City, at no cost to the City.

90. The Owner shall have it’s geotechnical engineer provide a Record of Site Condition prior to the issuance of a Certificate of Conditional Approval in accordance with the latest “Guidelines for Use at Contaminated Sites in Ontario”, established by the Ministry of the Environment. The Record of Site Condition shall include “Affidavit of Consultant” which summarizes the site assessment and restoration activities carried out at a contaminated site up to the property line. Should the site be free of contamination, the geotechnical engineer shall provide certification to this effect to the City.

91. Should the required hydrogeological and/or the geotechnical investigations confirm the presence of any existing contaminates within this Plan, then prior to the registration of this Plan, the Owner shall complete the following with respect to the remediation, removal and disposal of contaminates within the proposed Streets, Lots and Blocks in this Plan in accordance to provincial regulations and with the satisfaction of the Deputy City Manager, Environment and Infrastructure at no cost to the City:

i) Have his professional engineer incorporate into the engineering drawings for this Plan, all recommendations in the accepted hydrogeological and/or geotechnical reports in regard to contaminates, and submit these drawings to the City for review and acceptance;

ii) Enter into a subdivision agreement with the City, with appropriate securities provided to the City, addressing the remediation and/or removal (and disposal) of all existing contaminates that may be anticipated and/or experienced as a result of existing conditions and/or the proposed construction;

iii) Implement the recommendation(s) to remediate, removal and/or disposal of any contaminates within the proposed Streets, Lots and Blocks in this Plan under the supervision of the geotechnical engineer, in accordance with the in the accepted hydrogeological and/or geotechnical reports and accepted drawings;

iv) Have his geotechnical engineer certify to the City that the proposed Streets, Lots and Blocks within this Plan are free of contamination in accordance with the accepted hydrogeological and/or geotechnical reports and accepted drawings; and

v) Have his geotechnical engineer prepare a report that summarizes the site assessment and restoration and/or removal activities carried out at the contaminated site within this Plan and containing a “Schedule A – Record of Site Condition” including an “Affidavit of Consultant” in accordance with the requirements of latest Ministry of Environment “Guidelines for Use at Contaminated Sites in Ontario” and file appropriate documents to the Ministry in this regard with copies provided to the City.

92. In conjunction with the first submission of engineering drawings, the Owner shall identify locations of all existing infrastructure, ie. Water, septic, storm, hydro, driveways, etc. and their decommissioning or relocation, to the satisfaction of the Deputy City Manager, Environment and Infrastructure.

93. In conjunction with the first submission of engineering drawings, the Owner shall identify any adjustments to the existing works and services on streets surrounding this Plan, adjacent to this plan to accommodate the proposed works and services for this Plan (eg. private services, street light poles, traffic calming, etc.) in accordance with the approved design criteria and accepted drawings, all to the satisfaction of the Deputy City Manager, Environment and Infrastructure, at no cost to the City.

94. Should Commercial, Industrial or Institutional blocks exist within this plan of subdivision, the Owner shall either register against the title of Blocks in this Plan, or shall include in the agreement of purchase and sale for the transfer of each of the Blocks, a covenant by the purchaser or transferee stating that the purchaser or transferee of the Blocks may be required to construct sewage sampling manholes, built to City standards in accordance with the City’s Waste Discharge By-law No. WM-2, as amended, regulating the discharge of sewage into public sewage systems. If required, the sewage sampling manholes shall be installed on both storm and sanitary private drain connections, and shall be located wholly on private property, as close as possible to the street line, or as approved otherwise by the Deputy City Manager, Environment and Infrastructure.

95. In conjunction with the first submission of engineering drawings, the Owner shall provide all details of any noise walls located within this Plan, all to the specifications and satisfaction of the City.