That, on the recommendation of the Acting Director, Planning and Development, the following actions be taken with respect to the application by Kenmore Homes (London) Inc., to exempt Block 96, Plan 33M-733 from Part-Lot Control:
a) pursuant to subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, the proposed by-law appended to the staff report dated November 28, 2022 BE INTRODUCED at a future Council meeting, to exempt Block 96, Plan 33M-733 from the Part-Lot Control provisions of subsection 50(5) of the said Act; it being noted that these lands are subject to a registered subdivision agreement and are zoned Residential R4 Special Provision (R4-4(1)) which permits street townhouse dwellings;
b) the following conditions of approval BE REQUIRED to be completed prior to the passage of a Part-Lot Control By-law for Block 96, Plan 33M-733 as noted in clause a) above:
i) the applicant be advised that the costs of registration of the said by-laws are to be borne by the applicant in accordance with City Policy;
ii) the applicant submit a draft reference plan to the Planning and Development for review and approval to ensure the proposed part lots and development plans comply with the regulations of the Zoning By-law, prior to the reference plan being deposited in the land registry office;
iii) the applicant submits to the Planning and Development a digital copy together with a hard copy of each reference plan to be deposited. The digital file shall be assembled in accordance with the City of London's Digital Submission / Drafting Standards and be referenced to the City’s NAD83 UTM Control Reference;
iv) the applicant submit each draft reference plan to London Hydro showing driveway locations and obtain approval for hydro servicing locations and above ground hydro equipment locations prior to the reference plan being deposited in the land registry office;
v) the applicant submit to the Deputy City Manager, Planning and Development for review and approval prior to the reference plan being deposited in the land registry office; any revised lot grading and servicing plans in accordance with the final lot layout to divide the blocks should there be further division of property contemplated as a result of the approval of the reference plan;
vi) the applicant shall enter into any amending subdivision agreement with the City, if necessary;
vii) the applicant shall agree to construct all services, including private drain connections and water services, in accordance with the approved final design of the lots;
viii) the applicant shall obtain confirmation from the Planning and Development that the assignment of municipal numbering has been completed in accordance with the reference plan(s) to be deposited, should there be further division of property contemplated as a result of the approval of the reference plan prior to the reference plan being deposited in the land registry office;
ix) the applicant shall obtain approval from the Planning and Development of each reference plan to be registered prior to the reference plan being registered in the land registry office;
x) the applicant shall submit to the City, confirmation that an approved reference plan for final lot development has been deposited in the Land Registry Office;
xi) the applicant shall obtain clearance from the Deputy City Manager, Planning and Development that requirements iv), v) and vi) inclusive, outlined above, are satisfactorily completed, prior to any issuance of building permits by the Building Controls Division for lots being developed in any future reference plan;
xii) the applicant shall provide a draft transfer of the easements to be registered on title;
xiii) that, on notice from the applicant that a reference plan has been registered on a Block, and that Part Lot Control be re-established by the repeal of the bylaw affecting the Lots/Block in question;
xiv) in accordance with condition v), the applicant provide servicing drawings of municipal servicing to each of the blocks created within 1865 Finley Crescent to indicate that all municipal servicing can be provide to each property/block created without conflict;
xv) as per condition xii) of the subdivision agreement, a reference plan (33R) is to be provided for the 5m storm servicing easement located at the rear of the property;
xvi) the existing subdivision agreement is to be amended as per condition (vi) of the subdivision agreement. The agreement is to include provisions for the 5m storm servicing easement located at the rear of the property; and,
xvii) a complete ECA application package is to be submitted to Planning & Development for the proposed storm sewers at the rear of the property. (2022-D25)