1992-06-10_Minutes
83-585
COMMON COUNCIL
JUNE 10, 1992(1)
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Wednesday, the tenth day of June, AD. 1992, at 5:00 o'clock p.m.
present
Elsie E. Wayne, Mayor
Councillors Coughlan, Knibb, Landers, McAlary, Trites, A Vincent
and M. Vincent
- and -
Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D.
Wilson, Commissioner of Finance; S. Bedford, Commissioner of
Development Services; P. Groody, Commissioner of Human
Resources; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce,
Assistant Common Clerk.
The meeting opened with the recitation of the Lord's Prayer.
The purpose of this special meeting of Common Council was to consider
the following:- (1) (a) a report from the City Manager regarding a proposed Municipal
Plan amendment and re-zoning of 101 Kennedy Street; (b) third reading of a proposed
Municipal Plan amendment regarding 101 Kennedy Street, as requested by Mr. Ralph
Carpenter, for which the public hearing was held on January 6; and (c) third reading of
a proposed Zoning By-Law amendment to re-zone the property at 101 Kennedy Street,
for which the public hearing was held January 6; and (2) a letter from the Saint John
Regional Exhibition Centre Interim Committee with regard to engaging a consultant.
(Councillors McAlary and Trites withdrew from the meeting as they were
not present for the January 6, 1992 public hearing of the proposed Municipal Plan
amendment and re-zoning of 101 Kennedy Street.)
Consideration was given to a report from the City Manager (which was
previously submitted to Council in open session on June 8) regarding the application of
Mr. Ralph Carpenter for a Municipal Plan amendment and re-zoning of property at 101
Kennedy Street, which was given first and second readings at the January 6 public
hearing, with third reading not given in anticipation that the land exchange and details
of the development could be finalized in a Section 39 agreement; and advising that,
although this has not occurred, third reading must be given prior to June 10, otherwise
the provisions of the Community Planning Act require that the total process begin
again. The report explains that, while the recommendation in the submitted Planning
Advisory Committee report suggests that a Section 39 agreement be finalized, it was
not possible to prepare the agreement as recommended without finalizing the land
exchange; and proposes an alternative recommendation to that indicated in the
submitted Planning Advisory Committee report which would facilitate the potential
development of the site while still addressing community and municipal concern, with
the following modifications: (i) to condition c) to reflect the fact that Section 39
conditions will be imposed rather than an agreement being required; (ii) to conditions d)
and e) to reflect the changes in c) which requires that detailed plans be approved prior
to permit approval rather than prior to third reading; (iii) to condition f) to require
removal of debris within one year of third reading which should provide the applicant
with sufficient time to finalize the potential land exchange; and (iv) to condition g),
which remains unchanged, except for clarification of the other approvals required. The
report recommends that (1) third readings be given to the Municipal Development Plan
amendment and re-zoning with respect to 101 Kennedy Street, also known as NBGIC
Numbers 377150 and 380535; and (2) the re-zoning be subject to a resolution pursuant
to Section 39 of the Community Planning Act which would require that: (a) the
development be limited to a boat repair facility and a marina; (b) the development shall
not include any facilities for the consumption of alcoholic beverages; (c) the applicant
provide a detailed site plan to be approved by the Development Officer prior to any
permit being issued; such site plan would include, among the other site details, the
location and details of buffering, landscaping, fencing, parking, storm drainage and
vehicular and pedestrian access; (d) the site be developed in accordance with the site
plan approved by the Development Officer in (c) within one year of approval being
given by the Development Officer; (e) the applicant provide security prior to issuance of
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COMMON COUNCIL
JUNE 10, 1992(1)
a permit, in an amount to be determined by the Development Officer, to ensure the site
is developed in accordance with the site plan approved in (c); (f) the existing buildings
and debris presently located on the site and on Kennedy Street right-of-way be
removed within one year of third readings; and (g) no development occur or permits be
issued by the City until all necessary approvals are received from the various Federal
and Provincial jurisdictions dealing with the development of the marina.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the above
recommendations of the City Manager be adopted.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled,
"A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the
Future Land Use Plan, two parcels of land at 101 Kennedy Street (NBGIC Numbers
377150 and 380535), containing approximately 72,000 square feet and located at the
end of Kennedy Street, from Park and Open Space and Medium Density Residential to
Light Industrial classification, be read a third time and enacted and the Corporate
Common Seal be affixed thereto.
The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was
read in its entirety.
Councillor Landers, in referring to an indication in the submitted copy of
the Planning Department's report to the Planning Advisory Committee that there are
two sheds located in a portion of the right-of-way, asked if these sheds will be removed,
to which Mr. Bedford replied that the sheds will be removed if the development
proceeds as proposed in that negotiations are continuing with the developer with
respect to the final form of the development, with the expectation of the sheds being
dealt with in the final resolution. In response to Councillor A Vincent's query as to
whether or not the applicant agrees with the recommendations, Mr. Bedford, in noting
Mr. Carpenter's presence in the Council Chamber on the basis that he could speak for
himself, expressed the understanding that the applicant is in agreement; and explained
that Council now has before it the conditions which it approved previously on which
staff is still working with Mr. Carpenter to have implemented and, if any changes are
required to the above conditions when agreement is finally reached, staff will be back
again to Council.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-273 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns re-zoning two parcels of land at 101 Kennedy Street
(NBGIC Numbers 377150 and 380535), containing approximately 72,000 square feet
and located at the end of Kennedy Street, from "RM-1" Three-Storey Multiple
Residential to "1-1" Light Industrial classification, be read a third time and enacted and
the Corporate Common Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act the said re-zoning be subject to conditions requiring that:- (a) the development be
limited to a boat repair facility and a marina; (b) the development shall not include any
facilities for the consumption of alcoholic beverages; (c) the applicant provide a detailed
site plan to be approved by the Development Officer prior to any permit being issued;
such site plan would include, among the other site details, the location and details of
buffering, landscaping, fencing, parking, storm drainage and vehicular and pedestrian
access; (d) the site be developed in accordance with the site plan approved by the
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COMMON COUNCIL
JUNE 10, 1992(1)
Development Officer in (c) within one year of approval being given by the Development
Officer; (e) the applicant provide security prior to issuance of a permit, in an amount to
be determined by the Development Officer, to ensure the site is developed in
accordance with the site plan approved in (c); (f) the existing buildings and debris
presently located on the site and on Kennedy Street right-of-way be removed within
one year of third reading; and (g) no development occur or permits be issued by the
City until all necessary approvals are received from the various Federal and Provincial
jurisdictions dealing with the development of the marina.
The by-law entitled, "By-Law Number C.P. 100-273 A Law To Amend
The Zoning By-Law Of The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
(Councillors McAlary and Trites re-entered the meeting.)
The Mayor asked that Council table the letter from the Saint John
Regional Exhibition Centre Interim Committee regarding engaging a consultant.
On motion of Councillor Coughlan
Seconded by Councillor M. Vincent
RESOLVED that the above letter be
laid on the table.
Question being taken, the tabling motion was carried.
Councillor Knibb asked the reason for tabling the above matter to which
the Mayor replied that some of the Councillors would like to have further discussion as
they were not in Committee of the Whole when it was discussed and would like further
information.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk