The URL can be used to link to this page

2008-03-03_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, March 03, 2008 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.1 Employment Matter 10.2(4)(b,j) 1.2 Nominating Committee 10.2(4)(b) 1.3(a)(b) Legal Opinion 10.2(4)(f) Regular Meeting 1. Call to Order — Prayer 6:00 p.m. 2. Approval of Minutes 2.1 Council Meeting Minutes February 18, 2008 3. Adoption of Agenda 3.1 Exploring Options Related to Pension Administration 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Winter Snow Control Services (Forwarded from Feb 18, 2008)(Refer to Clerk to Schedule) 5.2 Brunswick Pipeline Request to Present to Council (Recommendation: Refer to Clerk to Schedule) 5.3 City Market Accessibility 5.4 Refinishing of Light Standards at Harbour Passage (Recommendation in Report) 5.5 Cedar Hill Greenwood Cemetery Co (Recommendation: Refer to City Manager) 5.6 Public Hearing Dates 990 Sand Cove Rd 55 McDonald St and 120 McDonald St (Recommendation in Report) 5.7 Assignment of Lease Howard's Tobacco City Market (Recommendation in Report) 5.8 Contract 2008 -2 2008 Flow Metering (Recommendation in Report) 5.9 Grant Right of Way over City Land to Civic No. 359 Eldersley Ave (Recommendation in Report) 5.10 Sprinkler Extension and System Flushing Rothesay Ave Garage (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Homelessness Awareness 8. Delegations/ Presentations 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By Law Amendment 145 Loch Lomond Rd 9.1(b) Planning Advisory Committee Recommending Proposed Rezoning 9.2(a) Proposed Zoning By Law Amendment 557 Westmorland Rd 9.2(b) Planning Advisory Committee Recommending to Deny Proposed Rezoning 9.2(c) Letter Opposing Re- Zoning 9.3(a)(b) Proposed Municipal Plan and Zoning By Law Amendments 10 St James St 9.3(c) Planning Advisory Committee Recommending Proposed Municipal Plan and Zoning By -law Amendments 9.4(a)(b) Proposed Municipal Plan and Zoning By Law Amendments 117 Carleton St 9.4(c) Planning Advisory Committee Recommending Proposed Municipal Plan and Zoning By -law Amendments 9.5(a)(b) Proposed Development Scheme and Zoning By -law Amendments Heatherway, Grandview & Hyatt 9.5(c) Planning Advisory Committee Recommending Proposed Development Scheme and Rezoning Amendments 9.5(d) Letter Opposing Rezoning 10. Consideration of By -laws 10.0 Public Presentation Proposed Zoning By Law Amendment 51 Golden Grove Rd 10.1(a) Third Reading Municipal Plan Amendment 99 Burpee Ave 10.1(b) Third Reading Zoning By -law Amendment 99 Burpee Ave 10.1(c) Section 39 Conditions 99 Burpee Ave 10.2 Third Reading Business Improvement Levy By -law 11. Submissions by Council Members 11.1 Tree Planting Project Church Ave and Dever Rd (Councillor Titus) (Forwarded from Feb 18, 2008) 11.2 Policy on Salt Procurement (Councillor Chase)(Forwarded from Feb 18, 2008) 11.3 Forest Product Industry (Councillor Chase)(Forwarded from Feb 18, 2008) 11.4(a) Police Justice Complex (Councillor Tait) 11.4(b) Tabled Item for Discussion Questions on the Police Justice Project (Councillor Tait) 11.5 Public Consultation Process (Deputy Mayor Hooton)(Forwarded from Feb 18, 2008) 11.6 Heritage Development Board (Deputy Mayor Hooton)(Forwarded from Feb 18, 2008) 11.7 Benchmarking to Review Cost and Service (Deputy Mayor Hooton)(Forwarded from Feb 18, 2008) 11.8 Budget Process (Deputy Mayor Hooton)(Forwarded from Feb 18, 2008) 11.9 Community Planning Update of Municipal Plan (Mayor McFarlane) 11.10 Arbour Day Partnership with School District 8 and J D Irving (Councillor Titus) 2 11. 11 City's Drinking Water (Councillor Ferguson) 11.12 Spring Repair Plan for Fixing City Street Pot Holes (Councillor Farren) 11.13 Impact of Capital Spending on the Tax Rate (Councillor Chase) 11.14 Simms Corner Enhancement (Councillor McGuire) 11.15 Election Sign Recycling Program (Deputy Mayor Hooton) 12. Business Matters — Municipal Officers 12.1 2008 Capital Programs - Making Choices 12.2 Consulting Services Integrated Community Sustainability Plan 12.3 Contract 2007 -32 Red Head Rd Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction 12.4 Red Head Road - Road Reconstruction 12.5 Champlain Drive - Street Reconstruction 13. Committee Reports 13.1 Parking Commission Information Pamphlet 13.2 Planning Advisory Committee Recommending Douglas Heights Subdivision Phase 4 296 Morrison Rd 13.3 Planning Advisory Committee Recommending Cash in Lieu Land for Public Purposes Jeffrey and Ronda Evans Subdivision 100 Point Rd 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 3 present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White -and - T. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; B Reid, Deputy Chief of Police; M. Gillan, Deputy Fire Chief, B Morrison, Commissioner of Leisure Services; P. Woods, Common Clerk and Deputy City Manager; and E. Gormley, Assistant Common Clerk SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, LE 18 FEVRIER 2008 A 18 H 20 Sont presents : Norman McFarlane, maire la mairesse suppleante Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales; J. Baird, commissaire a l'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; B. Reid, chef de police adjoint; M. Gillan, chef adjoint du service d'incendie; B. Morrison, commissaire aux services des loisirs; P. Woods, greffier communal et directeur general adjoint; ainsi que E. Gormley, greffiere communale adjointe. 1. Call To Order — Prayer Mayor McFarlane called the meeting to order and Reverend Edward Powell, Senior Pastor of the Grand Bay - Westfield Baptist Church offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire McFarlane. Le reverend Edward Powell, pasteur principal de 1'Eglise anglicane Grand Bay Westfield, recite la priere d'ouverture. 2 Approval of Minutes On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the minutes of the meeting of Common Council, held on February 4, 2008, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Titus RESOLU que le proces- verbal de la seance du conseil communal du 4 fevrier 2008 soit approuve. Seconded by Councillor White RESOLVED that the agenda of this meeting be approved with the addition of Item No. 3.1, Appointment of Commissioner of Planning and Development. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'ordre du jour de la presente seance soit adopte, moyennant I'ajout du point 3. 1, Nomination du commissaire a I'urbanisme et au developpement. A I'issue du vote, la proposition est adoptee. 3.1 Appointment of Commissioner of Planning and Development On motion of Councillor White Seconded by Councillor Court RESOLVED that Kenneth Forrest be appointed Commissioner of Planning and Development for the City of Saint John effective June 1, 2008. Question being taken, the motion was carried. 3.1 Nomination du commissaire a I'urbanisme et au developpement Proposition du conseiller White Appuyee par le conseiller Court RESOLU que Kenneth Forrest soit nomme commissaire a I'urbanisme et au developpement de The City of Saint John, a compter du 1erjuin 2008. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest The City Solicitor, City Manager, Common Clerk and Commissioner of Finance advised that they have a conflict with respect to item 12.2 being members of the City of Saint John Pension Plan, and Councillor Tait declared that he is a recipient and a member of the Plan. 4. Divulgations de conflits d'interets L'avocat municipal, le directeur general, le greffier communal et le commissaire aux finances indiquent qu'ils sont en situation de conflit d'interets relativement au point 12.2 etant donne qu'ils sont membres du regime de retraite de The City of Saint John. Le conseiller Tait declare qu'il est prestataire et membre du regime. 5. Consent Agenda 5.1 That the letter from Dean Secord, President of the New Brunswick Police Association regarding police costing statistics be received for information. 5.2 That the letter from Basil A. Ryan, Chief Operating Officer of Community Business Development Corporation requesting government and community leaders to help spread the word with regard to their successfully impacting the community, be received for information. 5.3 That Council approve the request from Brian Harris, Chairman, Mispec Park information. 5.5 That the letter from Stephen Horgan, Chairman of the Planning Advisory Committee regarding the PAC Executive for 2008 be received for information. 5.6 That as recommended by the City Manager, Common Council approve a $5,000. grant to Fundy Bay Festival Inc. in 2008 and further, that the Commissioner of Finance be authorized to disburse those funds only after documentation has been provided by the Organizers with respect to the incurrence of costs associated with the provision of insurance and promotion. 5.7 That as recommended by the City Manager, The City of Saint John enter into the agreement submitted with M & C 2008 — 27 with Jon Gordon MacQueen and Lana Lee Irish to permit a fire exit staircase to exit on King Street East. 5.8 That as recommended by the City Manager, Common Council amend the Traffic By -Law, Schedule "B" — No Parking Anytime, by adding St. James Street, between Germain Street and to 22 metres west therefrom and that this be referred to the City Solicitor to be put in the correct form and translated. 5.9 That as recommended by the City Manager, The City of Saint John release its right of way in PID Number 30169759 as shown on the submitted Schedule "A ", and accept in its place the right of way as indicated on Schedule "B ". On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de Dean Secord, president de I'Association des policiers du Nouveau - Brunswick, concernant les statistiques sur le cout des services de police, soit acceptee a titre informatif. 5.2 Que la lettre de Basil A. Ryan, administrateur en chef des operations de la corporation de developpement communautaire, dans laquelle it demande au gouvernement et aux leaders de la communaute de sensibiliser les gens relativement aux resultats valables obtenus par la corporation dans la communaute, soit acceptee a titre informatif. 5.3 Que le conseil approuve la demande de subvention de Brian Harris, president du Mispec Park Recreation Committee Inc., qui s'eleve a 23 500 $. 5.4 Que la lettre de Bullying Canada .Ca demandant un don pour la publicite et I'amelioration du site Web, etc., ainsi que pour la promotion de leur organisation, soit acceptee a titre informatif. 5.5 Que la lettre de Stephen Horgan, president du Comite consultatif d'urbanisme (CCU), concernant la composition de 1'executif du CCU en 2008, soit acceptee a titre informatif. 5.6 Que, comme le recommande le directeur general, le conseil communal approuve la subvention financiere au montant de 5 000 $ accordee a Fundy Bay Festival Inc. pour 2008 et, de plus, que le commissaire aux finances soit autorise a debourser ces fonds seulement apres que les organisateurs aient fourni la documentation relative a 1'engagement des couts associes a la disposition liee a I'assurance et a la promotion. 5.7 Que, comme le recommande le directeur general, The City of Saint John conclue le contrat (n° MC 2008 -27) avec Jon Gordon MacQueen et Lana Lee Irish en vue de narmatfra 1'incfa11afinn r♦'i in acrnhinr An cnrtia Hin carni im nfin Hem nni ninir cnrtir nar In n is transmise a I'avocat municipal aux fins de redaction en bonne et due forme et de traduction. 5.9 Que, comme le recommande le directeur general, The City of Saint John cede son droit de passage portant le NID 30169759, comme le montre I'annexe « A» presentee, et accepte en echange le droit de passage indique a I'annexe « B >>. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que les recommandations formulees relativement a chacun des points de la section Questions soumises a I'approbation du conseil soient adoptees. A I'issue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7.1 The Mayor proclaimed the month of March Kidney Month. 7. Proclamation 7.1 Le maire declare que le mois de mars est le mois de la sante du rein. 8 Delegations /Presentations 8.1 Lily Lake Pavilion Referring to a submitted report and electronic presentation, Patrick Riley, Chair, Leslie McColgan, President, Bob Capson, Secretary and Cathy Taylor, Facility Manager of the Lily Lake Pavilion Inc. updated Council on their first year of operation and future plans for the Pavilion. They requested a financial commitment from the City to enable the pavilion to contribute in a significant way to the re- development plans for Rockwood Park. 8. Delegations et presentations 8.1 Pavilion du lac Lily Se reportant a un rapport presente et a I'aide de diapositives electroniques, Patrick Riley, president, Leslie McColgan, presidente, Bob Capson, secretaire et Cathy Taylor, gerante de ('installation Lily Lake Pavilion Inc. mettent le conseil au courant de la premiere annee d'exploitation du pavillon ainsi que des projets futurs connexes. Its demandent un engagement financier de la part de la Ville afin de permettre au pavillon de contribuer grandement aux plans de reamenagement du parc Rockwood. 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment 2 St. Paul Street On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the proposed Municipal Plan Amendment for 2 St. Paul Street be referred to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, March 31, 2008 at 7:00 p.m. in the Council Chamber. Question being taken, the motion was carried. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Titus RESOLU que le projet de modification du plan municipal visant le 2, rue St. Paul, soit transmis au Comite consultatif d'urbanisme en vue de 1'etablissement d'un rapport et de la presentation de recommandations, que la publication des avis a cet effet soit autorisee et qu'une audience publique ait lieu le Iundi 31 mars 2008, a 19 h, dans la salle du conseil. A ('issue du vote, la proposition est adoptee. 10.2 (a)(b) Third Reading Proposed Rezoning 1010 Grandview Avenue 10.2(c)Section 39 Conditions On motion of Councillor Court Seconded by Councillor Farren RESOLVED that Common Council receive the submitted approval from the Department of Public Health and proceed to consider the third reading of the requested Zoning By -Law Amendment for the property at 1010 Grandview Avenue. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C.P. 110 -62, A Law to Amend The Zoning By -law of the City of Saint John ", re- zoning a parcel of land with an area of approximately 2100 square metres located at 1010 Grandview Avenue, also identified as being PID Number 00336206, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C. P. 110 -62, A Law to Amend The Zoning By -law of the City of Saint John" was read in its entirety. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of 1010 Grandview Avenue be subject to the following conditions: a. the use of the site is restricted to a business office, dwelling unit, personal service shop or retail store within the proposed building and the use is not to include an electrical workshop; b. the developer must pave all parking areas, maneuvering areas and driveways with asphalt; c. the developer must enclose all paved areas with continuous cast -in -place concrete curbs where deemed necessary by the Development Officer to protect the landscaping and facilitate proper drainage; d. the developer must provide adequate site drainage in accordance with a detailed drainage plan prepared by the developer and subject to the approval of the Chief City Engineer or his designate; e. the developer must landscape all areas of the site not occupied by buildings, driveways, walkways or parking areas. This landscaping must include a solid hedge of vegetation or a board -on -board privacy fence along both side lot lines extending back beyond the driveway, parking area and building; and development and further, that upon rezoning of the property, the land and building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the by -law entitled, "By -law Number C.P. 110 -62, A Law to Amend The Zoning By -law of the City of Saint John ", re- zoning a parcel of land with an area of approximately 2100 square metres located at 1010 Grandview Avenue, also identified as being PID Number 00336206, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business classification, be, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -62 A Law to Amend The Zoning By -law of the City of Saint John ". 10.2a)b) Troisieme lecture du rezonage propose visant le 1010, avenue Grandview 10.2c) Conditions imposees par I'article 39 Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que le conseil communal regoive I'aval du ministere de la Sante publique et procede a la troisieme lecture de la demande de modification de I'arrete de zonage visant la propriete situee au 1010, avenue Grandview. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete no C.P. 110- 62 modifiant I'arrete de zonage de The City of Saint John >>, relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 2 100 metres carres, situee au 1010, avenue Grandview et portant le NID 00336206 afin de faire passer la designation s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales RS -2 » a zone commerciale generale « B -2 >>, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule «Arrete no C.P. 110 -62 modifiant I'arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi sur Purbanisme, le projet de rezonage visant le 1010, avenue Grandview soit assujetti aux conditions suivantes a. ('utilisation de 1'emplacement sera limitee a un bureau d'affaires, a un logement, a un etablissement de soins personnels ou a un magasin de vente au detail dans le batiment propose et ne doit pas comprendre un atelier d'electricite; b. le promoteur doit revetir d'asphalte toutes Ies aires de stationnement et de manceuvre ainsi que Ies entrees; c. le promoteur doit veiller a ce que toutes Ies aires asphaltees soient entourees de bordures continues de beton coulees sur place, si I'agent d'amenagement le juge necessaire, pour proteger Ies espaces paysagers et faciliter le drainage; e. le promoteur dolt prevoir I'amenagement paysager des aires du site ou i1 n'y a pas de batiments, de voies d'acces, d'allees pietonniere ou d'aires de stationnement. Cet amenagement paysager doit comprendre une haie solide de vegetation ou une cloture privee planche- sur- planche le long des deux limites laterales du lot qui se prolongent derriere la voie d'acces, I'aire de stationnement et le batiment; 1'emplacement doit titre amenage conformement aux plans de situation prepares par le promoteur et sujets a I'approbation de I'agent d'amenagement, indiquant 1'emplacement du batiment, de la voie d'acces, de I'aire de stationnement, des aires de manceuvre, des affiches, de 1'eclairage exterieur, des espaces paysagers et de 1'e1evation detaillee du batiment propose. Les plans approuves doivent titre joints a la demande de permis de construction pour cet amenagement; et, de plus, qu'a la suite du rezonage de la propriete, le terrain et le batiment ou la construction soit amenages et utilises conformement a la proposition et aux conditions stipulees par les presentes. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que I'arrete intitule « Arrete no C.P. 110 -62 modifiant I'arrete de zonage de The City of Saint John >>, relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 2 100 metres carres, situee au 1010, avenue Grandview et portant le NID 00336206 afin de faire passer la designation s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales RS -2 » a zone commerciale generale « B -2 >>, fasse ('objet d'une troisieme lecture, que (edit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete no C.P. 110 -62 modifiant I'arrete de zonage de The City of Saint John >>. 13. Committee Reports 13.1 Proposed Subdivision 475 City Line /Fort Dufferin Road On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the proposed subdivision of the parcel of land having PID Number 00390104 with respect to the proposed vesting of the approximately 1.7- hectare (4.2 -acre) area along the shoreline as land for public purposes and any necessary municipal services easements and public utility easements. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Projet de lotissement visant le 475, chemin City Line a ('intersection du chemin Fort Dufferin Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que, comme le recommande le Comite consultatif d'urbanisme, le conseil communal approuve le projet de lotissement de la parcelle de terrain portant le NID 00390104 en ce qui concerne le projet d'acquisition de la bande de terre d'une superficie approximative de 1,7 hectare (4,2 acres) longeant la rive en tant que terrain d'utilite publique, de meme que toute servitude necessaire aux fins de services municipaux et publics. A ('issue du vote, la proposition est adoptee. Referring to a submitted report and electronic presentation, Ian Stead and Stephen Langille, President and Member of the Saint John Horticultural Association, and Larry Stewart of BDA Ltd. Landscape Architects presented plans for redevelopment of Rockwood Park. 8.2 Projet de reamenagement du parc Rockwood de I'Association d'horticulture de Saint John Se reportant a un rapport presente et a I'aide de diapositives electroniques, Ian Stead et Stephen Langille, president et membre de I'Association d'horticulture de Saint John ainsi que Larry Stewart de BDA Ltd. Landscape Architects presentent les plans de reamenagement du parc Rockwood. 9. Public Hearings 7:00 P.M. 9.1 (a) Proposed Municipal Plan and Zoning By -Law Amendments 99 Burpee Ave. 9.1 (b) Planning Advisory Committee Recommending Proposed Municipal Plan and Rezoning Amendments The Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal and Zoning By -Law Amendments of a parcel of land located at 99 Burpee Avenue, having an area of approximately 4000 square metres, also identified as PID Number 00022731 and a portion of PID Number 00022723 from Major Community Facilities to Medium Density Residential, and with regard to the proposed Zoning By -law amendment for the same parcel of land from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential classification to permit the conversion of the former Holy Trinity School property to residential uses as requested by Alan Church and Gary Vincent, 625976 NB Ltd. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its February 12, 2008 meeting at which the Committee decided to recommend approval as set out in the staff recommendation to re -zone a parcel of land located at 99 Burpee Avenue as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with Alan Church advising that he is in agreement with the staff report. On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -law ", amending Schedule 2 -A, the Future Land Use Plan, by re- designating a parcel of land located at 99 Burpee Avenue, having an area of approximately 4000 square metres, also identified as PID Number 00022731 and a portion of PID Number 00022723 from Major Community Facilities to Medium Density Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Municipal Plan By- law". On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -law ", amending Schedule 2 -A, the Future Land Use Plan, by re- designating a parcel of land located at 99 Burpee Avenue, having an area of approximately 4000 square metres, also identified as PID Number 00022731 and a portion of PID Number 00022723 from Major Community Facilities to Medium Density law" On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -law of the City of Saint John ", re- zoning a parcel of land located at 99 Burpee Avenue, having an area of approximately 4000 square metres, also identified as PID Number 00022731 and a portion of PID Number 00022723 from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential classification, be read a first time. Question being taken, the motion was carried Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -law" of the City of Saint John. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -law of the City of Saint John ", re- zoning a parcel of land located at 99 Burpee Avenue, having an area of approximately 4000 square metres, also identified as PID Number 00022731 and a portion of PID Number 00022723 from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law" of the City of Saint John. 9. Audiences publiques a 19 h 9.1a) Projet de modification du plan municipal et de I'arrete de zonage visant le 99, avenue Burpee 9.1b) Comite consultatif d'urbanisme recommandant le projet de modification du plan municipal et du rezonage Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du plan municipal et de I'arrete de zonage visant a modifier la classification d'une parcelle de terrain d'une superficie d'environ 4 000 metres carres situee au 99, avenue Burpee et portant le NID 00022731 et une partie du NID 00022723, pour la faire passer de zone d'installations collectives majeures a zone residentielle de densite moyenne, et relativement a la modification proposee de I'arrete de zonage visant la meme parcelle de terrain pour la faire passer de zone de quartier a vocation collective « IL -1 » a zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » afin que le terrain de I'ancienne ecole Holy Trinity soit utilise a des fins residentielles, a la demande de Alan Church et Gary Vincent (625976 NB Ltd.). Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 12 fevrier 2008, pendant laquelle le comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans la recommandation du personnel, voulant que le conseil communal procede au rezonage de la parcelle de terrain situee au 99, avenue Burpee, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par I'article 39. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage et Alan Church indique qu'il est d'accord avec le rapport du personnel. Proposition du conseiller Farren Appuyee par la mairesse suppleante Hooton d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'arrete relatif au plan municipal >>. Proposition du conseiller Farren Appuyee par la mairesse suppleante Hooton RESOLU que I'arrete intitule « Arrete modifiant I'arrete relatif au plan municipal >>, visant a modifier a I'annexe 2 -A du plan d'amenagement futur des terres la designation d'une parcelle de terrain situee au 99, avenue Burpee, d'une superficie d'environ 4 000 metres carres et portant le NID 00022731 et une partie du NID 00022723, pour la faire passer de zone d'installations collectives majeures a zone residentielle de densite moyenne, fasse ('objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule «Arrete modifiant I'arrete relatif au plan municipal >>. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 4 000 metres carres, situee au 99, avenue Burpee et inscrite sous le NID 00022731 et une partie du NID 00022723, en vue de faire passer la classification s'y rapportant de zone de quartier a vocation collective « IL -1 » a zone d'immeubles a logements multiples de trois etages « RM -1 >>, fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule «Arrete modifiant I'arrete de zonage de The City of Saint John >>. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 4 000 metres carres, situee au 99, avenue Burpee et inscrite sous le NID 00022731 et une partie du NID 00022723, en vue de faire passer la classification s'y rapportant de zone de quartier a vocation collective « IL -1 » a zone d'immeubles a logements multiples de trois etages « RM -1 >>, fasse ('objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule «Arrete modifiant I'arrete de zonage de The City of Saint John >>. 9.2 Proposed Business Improvement Levy By -Law Amendment The Common Clerk advised that the necessary advertising is complete with regard to the Business Improvement Levy; that there were no objections received, and that the amount of $0.16 per $100. of assessment for 2008 is the same as last year. The Mayor called for member of the public to speak against the re- zoning with no one presenting. RESOLVED that the by -law entitled, "A Law to Amend By -law Number BIA -2, Business Improvement Levy By -law ", be read a first time. Question being taken, the motion was carried. Read a first time by title the by -law entitled, "A Law to Amend By -law Number BIA -2, Business Improvement Levy By -law ". On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend By -law Number BIA -2, Business Improvement Levy By -law ", be read a second time. Question being taken, the motion was carried. Read a second time by title the by -law entitled, "A Law to Amend By -law Number BIA -2, Business Improvement Levy By -law ". 9.2 Projet de modification de I'arrete sur la taxe d'amelioration des affaires Le greffier communal indique que les avis requis ont ete publies relativement a la taxe d'amelioration des affaires, qu'aucune objection n'a ete soulevee et que le montant de 0,16 $ par tranche de 100 $ d'evaluation pour 2008 demeure le meme que I'an dernier. Le maire invite le public a exprimer son opposition quant au rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete no BIA -2 modifiant I'arrete relatif a la taxe d'amelioration des affaires » fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule «Arrete no BIA -2 modifiant I'arrete relatif a la taxe d'amelioration des affaires >>. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete no BIA -2 modifiant I'arrete relatif a la taxe d'amelioration des affaires » fasse ('objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule «Arrete no BIA -2 modifiant I'arrete relatif a la taxe d'amelioration des affaires >>. 11.7 Smoking Ban in Cars Carrying Children (Councillor Court) On motion of Councillor Tait Seconded by Councillor Court RESOLVED that the Mayor and Council petition the Government of New Brunswick to enact the appropriate legislation to ban the smoking of tobacco products in motorized vehicles where children are present and being transported, and that the Common Clerk draft the appropriate resolution to be forwarded to the Cities of New Brunswick Association in time for the next Cities' meeting seeking its support to petition the Government of New Brunswick to introduce a Province wide ban on the smoking of tobacco products in motor vehicles where children are present and being transported. Question being taken, the motion was carried. 11. Intervention des membres du conseil 11.1 Interdiction de fumer dans les voitures (conseiller Tait) 11.7 Interdiction de fumer dans les voitures transportant des enfants (conseiller Court) Proposition du conseiller Tait Appuyee par le conseiller Court RESOLU que le maire et le conseil deposent une requete aupres du gouvernement du Nouveau - Brunswick afin que ce dernier adopte une loi pertinente visant ('interdiction de fumer des produits du tabac dans les vehicules motorises lorsque des enfants s'y trouvent et sont transportes et que le greffier communal redige une resolution appropre qui sera acheminee a I'Association des cites du Nouveau - Brunswick a temps pour la prochaine reunion des cites afin d'obtenir son appui quant au depot d'une requete aupres du gouvernement du Nouveau - Brunswick pour que Iadite interdiction soit appliquee dans 1'ensemble de la province. A ('issue du vote, la proposition est adoptee. 11.2 Congratulations to City of Fredericton On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that Mayor McFarlane on behalf of Common Council send a letter to extend our congratulations to the City of Fredericton on recently being named a 2009 Cultural Capital of Canada. Question being taken, the motion was carried. 11.2 Felicitations a la ville de Fredericton Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU qu'au nom du conseil communal, le maire McFarlane envoie une lettre au conseil municipal de la Ville de Fredericton afin d'adresser ses felicitations a la Ville de Fredericton pour avoir ete recemment nommee capitale culturelle du Canada de 2009. A ('issue du vote, la proposition est adoptee. 11.3 Crescent Valley Community Resource Centre On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the matter of the ownership of the vacant Royal Canadian Legion building, be referred to the City Manager and that he come back with a recommendation as to what financial contribution the City can make to allocation. Question being taken, the motion was carried. 11.3 Centre de ressources communautaires Crescent Valley Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que la question relative au titre de propriete du batiment vacant de la Legion royale canadienne soit transmise au directeur general et que ce dernier revienne avec une recommandation relativement a la contribution financiere que la Ville peut apporter aux efforts deployes par les residents de Crescent Valley quant a I'etablissement de leur nouveau centre de ressources. Le directeur general rappelle au conseil que la somme de 150 000 $ a ete mise de cote dans le budget pour toutes les ameliorations de quartier et que cette demande serait examinee dans le cadre de cette allocation. A I'issue du vote, la proposition est adoptee. 11.4 Snow Angel Program On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the proposed Snow Angel Program, be referred to the City Manager for assignment to the appropriate staff who will undertake to initiate the Snow Angel Program. Question being taken, the motion was carried. 11.4 Programme Anges des neiges Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que le programme Anges des neiges propose soit transmis au directeur general aux fins d'affectation du personnel pertinent qui s'engagera a lancer ledit programme. A I'issue du vote, la proposition est adoptee. 11.5 City Market Accessibility On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that consideration for the improvement of the Charlotte Street entrance to the City Market, be referred to the City Manager for a report back to Council with suggestions for this matter. The Commissioner of Buildings and Inspection Services advised that these improvements are in the process of taking place, and that he will advise Council when the improvements are completed which should be this year. 11.5 Accessibility au marche municipal Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que 1'examen de I'amelioration de 1'entree de la rue Charlotte pour se rendre au marche municipal soit transmis au directeur general afin que ce dernier presente au conseil un rapport accompagne de suggestions a cet egard. Le commissaire aux services d'inspection et des batiments mentionne que ces amalinratinnc cnnt ci it la nnint Hin ca fairs at ni Oil avicara la rnncail Inrcni i'allac carnnt Seconded by Councillor Chase RESOLVED that the current system of electing the Deputy Mayor which is the election of the Councillor who receives the most votes in the municipal election, be maintained. Question being taken, the motion was carried. 11.6 Poste de maire suppleant Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Chase RESOLU que le systeme d'election actuel du maire suppleant, c'est -a -dire I'election du conseiller qui remit le plus de votes lors de I'election municipale, soit maintenu. A ('issue du vote, la proposition est adoptee. 11.8 Kidney Health Month On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the letter from Councillor Court regarding Kidney Health Month and events for citizens of all ages be received for information. Question being taken, the motion was carried. 11.8 Mois de la sante du rein Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que la lettre presentee par le conseiller Court concernant le mois de la sante du rein et les activites pour les citoyens de tous ages soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 11.9 Globe & Mail Article on Saint John On motion of Councillor McGuire Seconded by Deputy Mayor Hooton RESOLVED that the letter from Councillor McGuire regarding an article identifying Saint John as one of the cities leading the way in strengthening vulnerable neighbourhoods, be received for information. Question being taken, the motion was carried. 11.9 Article du Globe and Mail sur Saint John Proposition du conseiller McGuire Appuyee par la mairesse suppleante Hooton RESOLU que la lettre du conseiller McGuire, concernant un article identifiant Saint John comme etant Tune des villes qui figure comme chef de file dans le renforcement des quartiers vulnerables, soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 11.10 Partnership between Province and City of Saint John On motion of Councillor McGuire Seconded by Deputy Mayor Hooton RESOLVED that The City of Saint John request that the Province of New Brunswick offer, as a matter of policy, surplus lands to the municipality first then to the non profit sector for the development of affordable housing Proposition du conseiller McGuire Appuyee par la mairesse suppleante Hooton RESOLU que The City of Saint John demande que la province du Nouveau - Brunswick off re d'abord, par mesure de principe, les terrains excedentaires a la municipalite, puis au secteur sans but lucratif, en vue d'amenager des logements abordables avant de vendre publiquement les terrains excedentaires dans le cadre d'appels d'offres. A ('issue du vote, la proposition est adoptee. 11.11 Green Streets Canada Funding Application 11.11(b) Green Streets Canada Funding Application On motion of Councillor Titus Seconded by Councillor White RESOLVED that Council ratify the signing and submission of the Green Streets Canada funding application by the Mayor, in order to meet the required deadline as noted in the documentation submitted under item 11.11. Question being taken, the motion was carried. 11.11 Demande de financement aupres du programme Ma rue, mes arbres 11.11 b) Demande de financement aupres du programme Ma rue, mes arbres Proposition du conseiller Titus Appuyee par le conseiller White RESOLU que le conseil ratifie la signature ainsi que la soumission de la demande de financement aupres du programme Ma rue, mes arbres par le maire afin de respecter les delais prevus indiques dans la documentation presentee dans le cadre du point 11.11. A ('issue du vote, la proposition est adoptee. 11.12 Proposal to Rescind Investigation Motion The Common Clerk advised that in order to rescind a motion previously made, a motion to rescind must be made by a member on the prevailing side, and that Deputy Mayor Hooton and Councillors Chase, Farren, Ferguson and Titus voted nay, so that any other Council member can make the motion. No one on the prevailing side advanced the motion. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that items 11.16, 11.17, 11.18, 12.1, 12.2 and 12.3 be moved forward. Councillor Titus commented that he preferred to follow the agenda as submitted. Question being taken, the motion was carried, with Councillors Titus and White voting nay. 11.12 Proposition visant a revoquer la proposition d'enquete Le greffier communal indique que pour revoquer une proposition presentee anterieurement, une proposition de revocation doit titre soumise par un membre faisant partie du camp qui I'a emporte. La mairesse suppleante Hooton ainsi que les conseillers Chase, Farren, Ferguson et Titus ayant vote contre la proposition, tout autre membre du conseil peut presenter la proposition. Personne dans le camp qui I'a emporte ne presente la proposition. Proposition de la mairesse suppleante Hooton Aoouvee oar le conseiller Farren A ('issue du vote, la proposition est adoptee. Les conseillers Titus et White votent contre la proposition. 11.16 Questions Relating to Police Justice Complex On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that Councillor Court be permitted to ask the Deputy Mayor, who serves as Council's representative on both the Heritage Development Board and the Saint John Arts Board, questions as they relate to the new Police /Justice Complex. The Deputy Mayor proposed an amendment to the main motion which was seconded by Councillor Chase to include that Council members be permitted to ask any other Council member questions related to their portfolios. Question being taken, the motion as amended was carried. Referring to an unsubmitted letter of October 26th and an unsubmitted letter from DFS dated November 6th, requesting that a member of the Commission be appointed to a 5 person advisory committee to participate in the procurement of art for the new police facility, Councillor Court asked the Deputy Mayor if the Saint John Arts Board has raised any concerns with the way in which the plans for the police facility was being handled, and if so what were those concerns. The Deputy Mayor responded that with respect to the purchase of art, she does not believe there were any concerns expressed, however she believes that they tried for a couple of years to have a meeting, with no success. The Mayor advised that there was a meeting with the Chair and the Director of the Arts Centre, the Mayor and Deputy City Manager. 11.16 Questions relatives au centre judiciaire et policier Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que le conseiller soit autorise a poser des questions a la mairesse suppleante, qui agit en tant que representante du conseil au Conseil d'amenagement du patrimoine et au Conseil des arts communautaires de Saint John, ayant rapport au nouveau centre judiciaire et policier. La mairesse suppleante soumet une modification a la proposition principale, appuyee par le conseiller Chase, dans le but d'inclure I'autorisation accordee aux membres du conseil de poser des questions a tout autre membre du conseil qui sont Iiees a ses portefeuilles. A ('issue du vote, la proposition est modifiee et adoptee Se reportant a une lettre non presentee datee du 26 octobre et a une lettre non presentee de DFS datee du 6 novembre qui visait a demander qu'un membre de la Commission soit nomme pour sieger au sein d'un comite consultatif de cinq personnes afin de participer a I'achat de I'ceuvre artistique pour le nouveau centre policier, le conseiller Court demande a la mairesse suppleante si le Conseil des arts communautaires de Saint John a des reserves quant a la fagon dont les plans du centre policier sont traites et, dans I'affirmative, lesquelles. La mairesse suppleante repond qu'en ce qui concerne I'achat de I'ceuvre artistique, elle ne croit pas que des inquietudes aient ete exprimees; par contre, elle pense que le comite a tente de se reunir depuis quelques annees, mais sans succes. Le maire affirme que le president, le directeur du centre d'arts, le maire et le directeur general adjoint se sont reunis. On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that the request of Councillor Tait to be provided with an opportunity to discuss and pose questions related to the alleged future plans of the Art Board, as well as others as it relates to land parcels North of Union Street, including the Carnegie building, be tabled until the next meeting of Council at which time Councillor Tait will submit his questions to the agenda. Question being taken, the tabling motion was carried. 11.17 Centre judiciaire et policier Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU que la demande du conseiller Tait, visant a avoir ('occasion de discuter et de poser des questions relatives aux plans futurs presumes du Conseil des arts et aux parcelles de terrain situees au nord de la rue Union, y compris 1'edifice Carnegie, soit reportee jusqu'a la prochaine seance du conseil, au cours de Iaquelle le conseiller Tait inscrira ses questions a l'ordre du jour. A Tissue du vote, la proposition visant a reporter 1'examen de cette question est adoptee. 11.18 Police Justice Project On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that the concept of incorporating the Carnegie building into and forming part of the new police facility be forwarded to the Police Steering Committee as further input and consideration. At the suggestion of Councillors Titus and McGuire, the Mayor called for a five minute break in the Council meeting during the discussion on the above motion, and the meeting resumed after the break. The Deputy Mayor commented that she believes the motion is regressive and contrary to the public process. Councillor Chase suggested an amendment to the motion to include stakeholder consultation to the idea. Question being taken, the motion was carried, with Deputy Mayor Hooton and Councillors Chase, Ferguson, and Titus, voting nay. On motion of Councillor Court Seconded by Councillor Titus RESOLVED that item 12.2, scheduled to be considered at this meeting, be re- scheduled as the first item to be discussed at the March 3, 2008 meeting of Council. Question being taken, the motion was carried. 11.18 Projet du centre judiciaire et policier Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU que le concept d'integration de 1'edifice Carnegie dans le nouveau centre policier soit transmis au Comite directeur de la justice aux fins d'examen et de commentaires supplementaires. A la suggestion des conseillers Titus et McGuire, le maire demande une pause de rinn mini itac rli irnnt In rlicri iccinn An In nrnnncitinn ci icmantinnnaa I n caanra ca Le conseiller Chase suggere une modification a la proposition afin d'y inclure une consultation des intervenants. A ('issue du vote, la proposition est acceptee. La mairesse suppleante Hooton ainsi que les conseillers Chase, Ferguson et Titus votent contre la proposition. Proposition du conseiller Court Appuyee par le conseiller Titus RESOLU que le point 12.2 qui devait titre examine au cours de la presente seance constitue le premier point a I'ordre du jour de la seance du conseil qui se tiendra le 3 mars 2008. A ('issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12. Affaires municipales evoquees par les fonctionnaires municipaux 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15. Correspondance generale 16. Adjournment On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the Council meeting adjourn, with items 11.13, 11.14, 11.15, 11.19, 11.20, 11.21, 11.22, 12.1, 12.2 and 12.3 forwarded to the next meeting of Council. Question being taken, motion was carried. The Mayor declared the meeting adjourned at 10:15 P.M. 16. Levee de la seance Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que la seance du conseil soit levee, et que les points, 11.13, 11.14, 11.15, 11.19, 11.20, 11.21, 11.22, 12.1, 12.2 et 12.3 soit transmise a la prochaine reunion. A ('issue du vote, la proposition est adoptee. Le maire declare que la seance est levee a 22 h 15. Mayor /maire January 23, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT.' EXPLORING OPTIONS RELATED TO PENSIONADMINISTRATION The purpose of this report is to have Common Council give direction to the City Solicitor, the Commissioner of Finance and the City Manager to begin the process of exploring all issues associated with possibly creating a municipal by -law that would mirror or replicate the exact provisions of the City of Saint John Pension Act that would be in place upon the adoption of this By -law should Common Council ever choose to move in this direction. A secondary purpose of this report is to position Common Council as taking a positive step to "take control of its own destiny" with respect to any future possible changes to the Pension Plan. BACKGROUND: The City of Saint John Pension Act is Provincial Legislation. As such, the customary process to implement any and all changes entails the following seven steps; First, upon advice of independent professional advisors, the Trustees of the Plan periodically consider changes to the Legislation. Changes that have been brought forward in the past have related to; 1. Ensuring the Act is in compliance with the Pension Benefits Act. 2. Ensuring the Act is in compliance with the requirements of Revenue Canada. 3. Ensuring that the required contribution levels from employees are specifically stated in the Act. 4. Changes to the benefit provisions contained in the Act. 23 Report to Common Council Page 2 Subject: LABOUR RELATIONS— PREPARING FOR CHANGES TO PENSIONADMINISTRATION Second, the Board of Trustees spends a considerable amount of time debating and discussing any proposed changes. The reason being is that in order to move forward to Common Council, experience has been that unanimous support is often required. As a result, time marches on and, on occasion, proposed changes are often delayed. Third, finally when there is unanimous or near unanimous support from all Trustees, a positive recommendation is made to Common Council. Fourth, Council considers the recommendation and has in the past, generally directed that steps be taken to have the Legislation amended as recommended by the Board of Trustees based on the professional advice the Board had received and studied. Fifth, given it is Private Legislation, an application for an amendment is submitted by Council to the Clerk of the Legislature, who in turn forwards it to the appropriate officials. Sixth, the City is always asked "Who is the Sponsor of the Private Member's Bill? " Normally, when benefits are being increased, a sponsor for the Bill is easily identified. On the other hand, should the amendments be considered controversial, any member of the Legislature is unlikely to want to be associated with the Bill. From an MLA's perspective, such issues are the privy of Common Council, (the Employer and Sponsor of the Plan) and the members and participants of the Plan. From an MLA's perspective, it is quite understandable why they would not want to be involved in any sort of controversy that might exist between the City and its employees. Seventh, if a sponsor is identified, it is introduced to the Legislature and any proposed amendment makes their way to the Private Bills Committee where those advocating the changes are often asked to explain the reasons why. At the same time, those opposed to the changes are entitled to have their say as well. Once again, when controversial amendments are being considered, Council only need to ask itself "Why would Members of the Legislature want to become involved? " As a result, it is not inconceivable that the necessary amendments supported and requested by Common Council and the Trustees, based on solid professional advice, will not be made on a timely basis. While this process, and the comfort the members of the Plan have with the process, may have worked for the last number of decades, times are changing. Further amendments will not have unanimous support. Common Council as both the Employer and Plan sponsor must be able to respond much quicker to the realities that exist always keeping in mind an appropriate balance between the expectations of taxpayers with the expectations of existing and future members of the Plan. In other words, it can be asserted it is Common Council who must have final say and it is Common Council who must be held accountable for its decisions. As City Manager, I do not believe that the current process is at all supportive of this basic assertion. 24 Report to Common Council Page 3 Subject: LABOUR RELATIONS— PREPARING FOR CHANGES TO PENSIONADMINISTRATION THE CURRENT SITUATION: In 2007, Common Council approved agreements with the four civic unions and each individual employee who at the time was not a member of a union or any other association. Council sought additional employee contributions to the Plan in the amount of 2% of earnings and in exchange, essentially committed to not pursuing any other changes to the Plan until January 1, 2010. It should be noted that the Council chose, at that time, to increase contributions to the Plan as opposed to pursuing any of the possible changes to benefits outlined in a report from the City Manager. At that time investment earnings far exceeded actuarial assumptions and it was anticipated that the funding deficiency would all but be eliminated in a few years. TIMING: Obviously, raising this matter now is one of professional judgment. The City Manager's decision to do so is based on the following; • It was this Council that stated as one of its primary objectives "to deal with the pension issue once and for all. " • It is this Council that has been provided with more information and material than any other Council and therefore should be well informed. • The Council should be fully informed of all of the implications of moving in this direction. There will certainly be legal, financial and policy implications and Council should receive independent advice from the professionals that Council has appointed to provide this advice. • Current market trends, albeit perhaps only a short term dip, will prolong the objective of eliminating the pension deficit. • The creation of a "Bylaw replicating the Act" is a significant piece of work for any individual charged with this responsibility. It is exacting work and to create the By -law, it is important that any of the City's lawyers be given adequate notice so not only to prepare the By -law but also to be well versed with the intent. • With an election just months away, should there be any newly elected officials, it could possibly take up to a year or more before they are all fully up to speed on this issue. While the education is taking place, the actual process of researching the implications and possibly even drafting a bylaw, should it be considered in the future, could have commenced. 25 Report to Common Council Page 4 Subject: LABOUR RELATIONS— PREPARING FOR CHANGES TO PENSIONADMINISTRATION It has been suggested that perhaps management of the City has not made specific recommendations. I would point out that staff has previously provided options to Council based on "order of magnitude " as they relate to decreasing the deficit in the Plan. The information presented in this fashion was intended to ensure that it could not be alleged that "a staff recommendation" was specifically brought forward to benefit any one person or any one group of employees. Recently, Council rejected a recommendation as part of the budget process to engage outside expertise to look at all possible options. Staff accept Council's decision in this regard, however, staff still feel compelled to keep moving in a direction that would enable Council to make changes to the Plan, when and if they ever choose to do so. • Finally, it should not have gone unnoticed by Common Council that the City failed in its recent efforts to have certain amendments made to the Plan this fall. While the amendments had been agreed to by the Board and Common Council, the City was unable to have them adopted on a timely basis. Staff are of the opinion that we were unable to do, simply because members of the Legislature and been advised that there may be some opposition from one, some or all of the civic unions. As a result, the Pension Act is not currently in compliance with either the Pension Benefits Act or Revenue Canada. APPLICABILITY OF OTHER LEGISLATION: It should be noted that Pension Plans are often the largest personal asset that anyone individual may possess. It is for this reason that other levels of government take an active role in legislating what a Plan Sponsor can or cannot do when it comes to a Pension Plan. Irrespective of whether the City's Plan is an Act of the Legislature or a Municipal Bylaw, the Plan and the Administration of the Plan must always comply with the provisions of the Pension Benefits Act, the Income Tax Act and possibly other legislation. In other words, by adopting a Municipal By -law Common Council should not hold a view that their actions or decisions will not be unfettered by either Provincial and Federal Legislation. This is not at all the case. EMPLOYEE REACTION.' There is no doubt, that at the current time, any decision by Common Council to explore options will cause concern in the workplace. The reason being is that members of the Plan take considerable comfort in knowing that the Provincial Legislature must be involved should any changes be contemplated. Members of the Plan have a concern that a simple majority of those Councillors who happen to be at a meeting when pension changes are being considered, could drastically alter what is considered their pension promise. 26 Report to Common Council Page 5 Subject: LABOUR RELATIONS— PREPARING FOR CHANGES TO PENSIONADMINISTRATION In this regard, staff has looked to the Municipalities Act for guidance. While not exactly the same situation, the Act does provide certain hurdles or barriers that must be overcome should certain significant actions be considered. As an example, Council may wish to consider agreeing to establishing a hurdle that would simply state; "Any proposed changes to the City of Saint John Pension By -law requires the affirmative vote of at least 2/3 of the entire (whole) council." This may provide some comfort to members but at the same time signify to Council Members that any and all changes related to the Employees' Pension Plan are significant and must always take in a wide variety of views. RECONM ENDATION: Resolved that the City Solicitor is hereby directed to deliver a preliminary report to Common Council dealing with the legal dimensions of replacing the Saint John Pension Act with a Municipal Bylaw, And further, that the Commissioner of Finance be directed to begin to research the financial implications, (including having discussions with the Superintendent of Pensions) of the City of Saint John possibly deciding to administer the Employee Pension Plan by way of a Municipal bylaw beginning in 2010 and report back to Council. And finally, direct the City Manager to prepare a report dealing with this matter from a policy perspective, including an assessment of how this might benefit the community as a whole, the effect of existing labour relations and how it may or may not affect the Organization's ability to either attract or retain human resources. Respectfully submitted, Terrence L. Totten, FCA CITY MANAGER 27 nomii Illy* MK� M & C 2008 - 06 January 17th, 2008 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council, SUBJECT: WINTER SNOW CONTROL SERVICES Snow control services are equipment intensive and costly to deliver. While Mother Nature can quickly alter the urban landscape, both in giving us snow /ice or taking it away, the municipality must expend substantial resources to keep the community functional through the months of winter. For example, during the 10 days from December th to January 5th 27 , snow control costs exceeded $420,000 *. Winter snow control (snow and ice storms) involve the largest, most costly operations undertaken by the City. The challenge for the City lies in providing an adequate and reliable quality of service to its network of streets and sidewalks during the unpredictable months of winter — across all service areas. In doing so, all (citizens, businesses, decision - makers, service providers and staff) must understand the realities of winter weather, the limits of human capabilities and the costs associated with alleviating the effects of winter. PURPOSE OF REPORT The purpose of this report is to review five factors that affect winter street and sidewalk services, and to propose measures to enhance quality and management of those services. It also follows up on a Council referral (Councillor Chang's letter) and an earlier report. NEEDS OF THE COMMUNITY The underlying goal of winter operations must be high quality, well managed services; services that respond to the needs of the community. Dealing effectively with winter in an urban setting requires an understanding of what the season brings, building on the strengths of current operations, and always being open to better or alternative methods of service delivery. Individual citizens, businesses and property owners have an essential part to play in making Saint John a liveable winter city. As service expectations have to be clear and performance diligently managed, private individuals and companies need also to be accountable. The City of Saint John cannot do everything. The community's winter plan should be one that involves all stakeholders — towards improving conditions for the community as a whole. Saint John Works ... for people! M I. Public safety foremost. Z. Winter services that make Saint John a liveable winter city. 5. Diligent preparation of plan, people, equipment, hired resources and materials. +. Appreciation of winter realities and the effects of often erratic weather. 5. Quality service based on clear, commonly understood objectives and constraints. 6. Central coordination to assure high service standards and best use of resources. 7. Resources carefully managed over the entire season; winter services are costly. BACKGROUND Winter weather poses serious public safety hazards. Saint John regularly experiences snow, freezing rain, icy conditions, rain, ice build -up, and fluctuating temperatures. Poor visibility, slippery streets and sidewalks, narrowed travel lanes, reduced parking space, snow accumulations on public rights of way — are all encountered during a typical winter. Snow and Ice Control Plan The challenges and risks associated with winter weather are accentuated by our naturally hilly terrain and variable climate. Freeze /thaw cycles are frequent and storms often occur with a combination of snow, freezing rain and rain in rapid succession. Successfully dealing with such conditions and minimizing their impact for motorists and pedestrians calls for extensive planning - to coordinate preparations, allocation of available resources, and fine tuning of response protocols and priorities. A comprehensive, well rehearsed "contingency plan" guides winter service activities. The Snow and Ice Control Plan becomes the primary service guide for Public Works by November 1St of each year. Construction and maintenance activities are curtailed, equipment is reconfigured and prepared for winter operations, inventories of winter materials stockpiled, hired resources put on notice and personnel readied. Saint John Works ... for people! 29 Winter Snow Control Services January 17"h, 2008 Report to Common Council, M &C 2008 -06 Page 3 Snow Control Streets The street inventory is organized into 30 separate plow routes covering all City streets. A combination of heavy trucks, front end loaders and graders are rigged with front and wing plows to service these routes, supported by several small trucks for narrow streets and dead ends. Streets are organized within each route on a priority basis — Priority 1 (heavily travelled arterials) to Priority 4 (least travelled local lanes); a sample is attached. Street operations are organized around six teams, three each on alternate 10 -hour shifts. Plowing operations are complimented by the very critical salting and sanding fleet (12 heavy double or single axle dump trucks rigged with a spreader and front plow). Snow Control Sidewalks Winter sidewalk services are organized into 16 separate routes, serviced by small, specialized pieces of equipment that are rigged with plows or snow blowers and salt/sand spreaders. These are supported by a specially designed dump truck that delivers salt and sand to units in the field. Sidewalk operations are carried out by one team, under a single supervisor, with a regular 8 -hour shift schedule (Monday to Friday). As with street operations, snow storm events generally involve considerable work outside of normal business hours - overtime. ANALYSIS Winter services cannot change the realities of the season; they can only mitigate its effects. Pedestrian and vehicle movement will be more difficult, all citizens will be to some extent inconvenienced and the municipality will incur unavoidable costs. Five Factors for Review 1. Snow removal 2. Blocking of sidewalks 3. On- street parking +. Performance 5. Public engagement Snow Removal Snow build -up takes up space, freezes into ice, creates a water source for ice, and is an obstruction. The greater the accumulation the more problematic winter conditions become. Removal of snow (blown away, or picked up and trucked away) significantly improves street and sidewalk conditions. However, the activity is resource and energy intensive, with snow dumps difficult to locate (for environmental reasons). Saint John Works ... for people! 30 Winter Snow Control Services January 17"h, 2008 Report to Common Council, M &C 2008 -06 Page 4 Snow removal is an essential part of every urban snow control strategy. Notwithstanding the high cost of removal, a built -up community needs to plan for and remove snow from specified areas. Typically, these would be business districts, bus stops, narrow streets, areas around schools and major public facilities. Priorities for snow removal operations focus on the following areas: i . Public streets fronting schools where buses drop off and collect children; 2. Major bus stops; 5. Identified areas that are restrictive to disabled members of our community; 4. Public streets fronting major residential complexes for seniors; 5. Specified streets in urban commercial areas such as the uptown and others; 6. Public streets fronting major public facilities (e.g. Imperial Theatre); 7. At specified intersections and other well used crosswalks; and 8. Others as determined through public input and Council direction. The primary hauling resources for these activities are tandem trucks and tractor - trailer dumps hired, as needed, from the private sector. Hired trucks make sense for several reasons. The equipment is designed specifically for hauling material, with satisfactory carrying capacity. The use of as- required rentals gives us removal capacity (without the associated overhead) and allows City plow units to remain committed to their primary purpose - plowing and push -back. It is also generally more economical to utilize rental trucks during overtime operations, particularly when internal resources are fully taxed. City Works trucks are dedicated primarily to plowing and salting /sanding, and should not be redirected from those activities. Time also needs to be scheduled for necessary servicing of plow units so that readiness levels are kept as high as possible. Blocking of Sidewalks The cooperation of citizens and business owners is very important to service effectiveness; a special thank you is extended to all those who make a positive difference. Owners and residents are asked to clear the sidewalks fronting their properties and to make every effort to ensure those walkways and fire hydrants are kept clear of snow. Unfortunately, a lack of cooperation from many property owners and /or the people they hire to plow their lots and driveways makes servicing sidewalks unduly difficult. Large piles of snow and frozen windrows left across sidewalks are barriers for plowing equipment, at times insurmountable ones. The added burden of these obstructions slows productivity of service and adds otherwise avoidable costs to its delivery. By -law provisions need to be emphasized and enforced. Saint John Works ... for people! 31 Winter Snow Control Services January 17"h, 2008 Report to Common Council, M &C 2008 -06 Page S Section 20 of the Saint John Traffic By -Law states the following: "No person shall place snow or ice upon any street, sidewalk or square in such a manner that impedes or is likely to impede the movement of traffic or pedestrians thereon." This very practical by -law provision needs to be respected. Staff will be designating people to identify problem areas, speak with the property owners concerned and, as required, pursue enforcement action. The effectiveness of winter services depends on citizens, community groups, businesses and property owners working with civic leaders and service providers to accomplish the overriding objective of making Saint John the most liveable winter city possible. We all want the same end; together to overcome conditions that can be, at times, unforgiving. On- Street Parking we must all work On- street parking has been a curse to snow clearance and safe traffic movement in Saint John for as long as anyone can remember. That should not have to be. Many communities across Canada have clear and practical provisions concerning parking on streets during the winter season. For example, a sister city has the following section in its Traffic By -Law: (S) No person shall stop, stand or park a motor vehicle: (a) On any street between the hours of 12:00 midnight and 7:00 am from December 1 sr to April 15 th ; (b) On any street or portion of street when the City Engineer has authorized its closure for Snow and Ice Control Operations. (6) The provisions of sub section (S) are enacted for the purpose of snow removal. (7) Notwithstanding any other provision of this by -law, where a vehicle is parked or left standing on any street, contrary to the provisions of sub section (S) herein, and in such a manner that it interferes with or obstructs snow removal operations, a peace officer may cause such vehicle to be moved or towed at the owner's expense. Yes, Saint John has unique parking challenges; however, these do not apply across the entire community. In most neighbourhoods we are similar to cities across the country. Saint John Works ... for people! 32 Winter Snow Control Services January 17"h, 2008 Report to Common Council, M &C 2008 -06 Page 6 We have looked at the matter of on- street parking from the perspective of the 30 street snow control routes in the Snow Plan. A cursory review of neighbourhoods and streets suggests that on- street parking should not be considered an issue for most areas of the city. That is not to say that people don't park their vehicles on those streets or that there would not be a certain degree of inconvenience for the people who now do so. Most residential sub - divisions should have adequate access to private space off the street for parking. It is reasonable to expect vehicle and property owners to make necessary arrangements for their parking, not the City of Saint John. The community, pedestrians and motorists generally, should not suffer adverse winter consequences nor should taxpayers incur avoidable costs because of parking. Is it appropriate that someone uses a street in Champlain Heights to park a privately owned RV bus over the winter? Parking issues can be broken down (across the 30 snow control routes) as follows ❑ On- street parking should not be an issue: 22 routes (73.3 %) ❑ South Central parking ban provisions in effect 3 routes (10.0 %) ❑ Parking issues need focused attention 5 routes (16.7 %) These numbers suggest that less than 17% of the street system needs particular attention with respect to on- street parking. In fact, when one considers the structure of snow control routes, it is fair to conclude that the actual percentage is much smaller. Suggested Approach We propose the following general strategy for winter parking: 1 . Acknowledge that the parking of private vehicles is a private responsibility. 2. Recognize that on- street parking during the winter months is a serious impediment to the effective and efficient delivery of snow control services, resulting in unacceptable street conditions and avoidable costs to taxpayers. 5. Keep the City's administration of on- street parking as broad -based and as straight forward as possible; focusing on the exceptions that need attention. 9. Adopt as a general principle that on- street parking will not be permitted to interfere with the effective delivery of snow control services. 5. Identify areas and streets that warrant special consideration (for the short term only) and adopt special provisions for those streets (e.g. the temporary overnight parking bans in the South Central Peninsula). 6. Pursue long -term community planning and engineering solutions for the dearth of off - street parking in some areas of the city. T. Understand that some vehicle owners will be inconvenienced. Saint John Works ... for people! 33 Winter Snow Control Services January 17'h, 2008 Report to Common Council, M &C 2008 -06 Page 7 A general by -law provision should be developed that would prohibit overnight on- street parking between December 1st to April 15th of each year, with special consideration given to designated neighbourhoods and streets. Those provisions could be similar in some respects to the system currently in place for the South Central Peninsula. Areas identified as being in this "special" group are: ❑ South Central Peninsula ❑ Old North End ❑ Douglas Avenue ❑ Lower West Side ❑ Parts of Lancaster Avenue and several narrow side streets ❑ Rockwood Court, Wright Street and area All other streets, in all other areas of the community, need to be recognized as parking - free zones during winter snow control operations. Although the South Central system (parking permits, alternate -side parking and temporary overnight snow bans) is a model that offers some guidance for these "special" areas, it is also one that is costly, procedurally cumbersome and not without challenges. Going back to the notion of citizens sharing in making Saint John a liveable winter city, greater onus needs to be put on vehicle owners and their landlords. Municipal streets should not be considered as guaranteed parking places. Staff and agencies like the Parking Commission would work with neighbourhoods to identify possible alternative "storm" parking locations (where these are practical and involve minimal cost) and otherwise develop ideas to minimize difficulties associated with on- street parking. This must include an on -going dialogue with Community Planning and Development. Performance Response to winter storms is based on service needs, priorities and time requirements; plows cannot be everywhere at the same time. Set levels of people, equipment and other resources must combat winter conditions that can vary widely in terms of type, intensity and duration. People who reside along lower priority streets will have to wait longer for service. In the end, however, the quality of the service they receive must be adequate. The central focus of all service delivery employees must be on the quality, effectiveness and efficiency of the services they provide for our public. "Other considerations" cannot interfere with the focus of the community coming first. Determined leadership is critical to engendering a mindset of excellence in everything we do. Leadership will be challenged to prepare and motivate staff, making individual operators personally accountable for their snow control route and care of their equipment. Saint John Works ... for people! 34 Winter Snow Control Services January 17"h, 2008 Report to Common Council, M &C 2008 -06 Page 8 In conjunction with the Vision 2015 development of new service profiles for all services, the winter sidewalk and street services will have clear performance objectives defined and an ongoing system of measurement and reporting to test performance against attainment of those goals. What is the level of service actually being provided? Public Engagement Winter services are relied on by the public. These are also services delivered under, often, very difficult conditions. City operations must "connect" with their public, and vice versa. While the public needs to appreciate the challenges associated with service delivery, staff needs to know where that service is effective and where it is not. The exchange of information with the public is vitally important. Staff is working on a public information model for snow control operations that provides regular weather and operational updates, with a designated spokesperson always available to the media. Additional staff is also assigned to taking calls from the public and relaying priority concerns to supervisors in the field. A feature, particularly important to the winter sidewalk service, is an experienced field supervisor (with support staff) dedicated to "connecting" with citizens, business owners and snow plow operators who might be inclined to push or dump snow onto sidewalks and streets. Exposure to liability is an unfortunate reality of municipal service delivery; careful attention must be paid to the service parameters set out in the Snow Plan. The City's liability exposure is reduced when the plan is followed and service delivery is consistent. A particular focus will be given to notifying (or at least attempting to do so) those people whose vehicles are impeding snow control operations. Our goal is to work with people in delivery these very necessary services. INPUT FROM OTHER SOURCES We value all feedback and requests received from the public. FINANCIAL IMPLICATIONS The cost of winter snow services cannot be accurately predicted. If Council insisted that budgets be rigidly set, the quality of service possible would be determined by winter conditions that vary from one year to the next. Our understanding is that Council and the public want good quality, well managed winter services. Guided by this requirement, service costs will be largely determined by the demand, the need to deal with conditions; for example, the degree of icing to control and the amount of snow to remove. Saint John Works ... for people! 35 Winter Snow Control Services January 17"h, 2008 Report to Common Council, M &C 2008 -06 Page 9 Winter operations are very costly and, as such, service delivery must be astutely managed; overtime costs controlled, removal operations prioritized and equipment allocation strategic. TOWARDS VISION 2015 Positive Energy Success demands clear and common objectives, an understanding of the realities and challenges, and diligent preparation - with all energies alined. RECOMMENDATION It is recommended that Common Council: 1. Recognize prioritized snow removal as an essential part of the snow and ice control strategy; Z. Reiterate the importance of Section 20 of the Saint John Traffic By -Law which states that no person shall place snow or ice upon any street, sidewalk or square in such a manner that impedes or is likely to impede the movement of traffic or pedestrians thereon; 3. Adopt the 7 -point general strategy for winter parking as identified on page 6 of this report and direct staff to work with the City Solicitor to develop appropriate by -law provisions and operating procedures; 4. Restate commitment to the Vision 2015 service refinement process and the essential focus on quality, effectiveness and efficiency (performance) in the provision of all services provided for our public; 5. Emphasize the importance of public engagement and working with the City to improve the delivery of winter services to the community as a whole; and 6. Ask the public and neighbourhood groups to dialogue with staff towards improving the community's effort to make Saint John a liveable winter city. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, FCA City Manager Saint John Works ... for people! 36 b TPs s4/ b �P Avlwo d,fpUES, .,� a I� 2 �s c = O u za m F �o Si. 2 U rj a rue CY °W° 6 a - • !••I c > c 65 � /Sn � .<a'. Q Ya � upH Msuwgwwd v �gseen Lu Y dY "e "Old 'b J 9 �P Ln' a 2kd �a 2 0 Qa m a day d sPo )'�ui'j6o6'. fl4'b an°� N y c��ti U Gt av' J 9y �b 37 4 Q- 0 '� °ice PP y �, co s P. GO6.Y 6 O O ol QaKS 4g Ceda ! O st. 1••1 N Y Y ° 2 ava °a9 I O CU r � IP v yts ca ° s ewe S° P G u Yy i a 2 £ A9 N Py d as/ J c � N S° 95 1 F m av, gyyVeabcoa � 4iK _i 3 BRUNSWIC PIPELINE An Emera Company HAND DELIVERED February 27, 2008 Mayor Norm McFarlane and Members of Saint John Common Council Common Clerk's Office 8`h Floor, City Hall P.O. Box 1971 Saint John, NB E2L 4L 1 Your Worship and Councillors: 40 WELLINGTON ROW Office: 506.693.9148 2N' FLOOR Fax: 506.693.8929 SAINT JOHN, NEW BRUNSWICK www.brunswickpipeline.com CANADA E2L 3H3 i RE: Brunswick Pipeline Request to Present to Common Council Brunswick Pipeline requests an opportunity to present a project update to Saint John Common Council during April 2008. Since our last presentation in October 2007, construction has begun in Saint John. We look forward to providing you with up -to -date information about the St. John River Horizontal Directional Drill crossing, activity in Rockwood Park, community liaison committee initiatives and progress generally. Thank you in advance for your consideration, and I look forward to your response. Re tfully, Robin McAdam President Brunswick Pipeline cc: Terry Totten, City Manager Ian Stead, Chair of the Rockwood Park Consultative Planning Committee Claude MacKinnon, Chair of the Saint John Community Liaison Committee 011 y3 REPORT TO COMMON COUNCIL OPEN SESSION M &C2008 -34 February 27, 2008 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT City Market Accessibility City of Saint John BACKGROUND At the February 4, 2008 meeting of Common Council, Council requested that the Building Inspector provide suggestions for improving the accessibility to the City Market, in particular, the Charlotte Street entrance. Staff has investigated this issue and has confirmed that the wooden doors at the main entrances to the Market can be modified to meet accessibility requirements. The two main doors to the City Market at the Charlotte Street entrance and the one door at the Germain Street entrance will be modified with push button automatic door openers that meet accessibility requirements. The interior door in the Market tower that leads to the elevator serving the Senior's Resource Centre will also be modified to be accessible. The total estimate for the modifications of the four doors is $25,000. This figure includes supply and installation of the automatic door openers, electrical work and carpentry. There are funds available in the 2008 Facility Management capital budget for this project. Specifications are currently being prepared and a public tender call will subsequently follow. RECOMMENDATION Your City Manager recommends that this report be received and filed. Respectfully submitted, Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services 39 2 ence Totten, CA Manager 171r � f J� I � � 5 February 29, 2008 His Worship Mayor Norm McFarlane And Members of Common Council: SUBJECT: Refinishing of Light Standards on Harbour Passage BACKGROUND: As part of the development of the Harbour Passage trail along Saint John's waterfront, lights were incorporated for various reasons including security. These lights were designed to a standard and colour unique to Harbour Passage. The lights were manufactured by Lumec Inc, Boisbriand, Quebec ( Lumec). Over the past few years there has been premature rusting on some of the light standards from Phase 1 of the project. These were the same light standards used in phases 2 and 3 as well. There is a warranty on the finish for these light standards and Lumec will correct the situation. Due to the environment where these light standards exist the problem of rusting will continue to occur. As a result of this continuing issue, staff has negotiated a price with Lumec to have the light standards galvanized as part of the refinishing process. The warranty, however, only covers the refinishing of the light standards. This means the light standards will have to be dismantled and shipped them back to the company. There are 90 light standards involved and the project is to be phased over three years. ANAI,VCIC- The light standards to be galvanized in Phase 1 are those starting at Union and Smyth Streets and continuing to the first light past the Coast Guard site. These lights are the original Harbour Passage Phase I lights and are the oldest. This phase consists of 45 light standards. Since the warranty on the finish only covers the cost of refinishing the light standards, the dismantling and shipping one way is the responsibility of the City. Return shipping is the responsibility of the manufacturer. Lumec has also offered a further warranty for an additional 5 years after the galvanization to commence upon reinstallation of the light standards on site. .x Arrangements have been made with Saint John Energy for the dismantling, capping and reinstallation of the light standards. The entire first phase of the project is estimated to take 11 weeks and it is anticipated this will be completed before the summer season. FINANCIAL: The total cost of this project is estimated at $67,525. The first phase will cost $35,926. This includes dismantling / reinstalling the light standards, capping, shipping to Lumec, galvanization, and a contingency. In the 2008 capital budget process, $500,000 was provided to Waterfront development for Reversing Falls West. At the request of Waterfront Development it is proposed that $36,000 be provided from the already approved capital funding to cover the cost of phase 1 of this project. Phases 2 and 3 will be a request for future capital budget funding. RECOMMENDATION: It is recommended that $36,000 from the approved $500,000 Waterfront Capital budget for Reversing Falls West be reallocated to cover the costs of phase 1 to refinish the light standards at Harbour Passage. Respectfully submitted, Bernie Morrison Commissioner of Leisure Services Terrence L. Totten, C.A. City Manager 41 AREA CODE 506 PHONE 672 -4309 FAX 672 -9369 1650 MANAWAGONISH ROAD WEST SAINT JOHN , N. B. CANADA E2M 3Y3 debar 1wi[Y-oreenbnoob ermaerp Co. March 1, 2008 His Worship Mayor Norman McFarlane And Councillors of the City of Saint John Dear Mayor McFarlane & Councillors: On behalf of the Board of Directors of Cedar Hill Greenwood Cemetery Company, I would ask your direction for a proposed project "Marigolds along Manawagonish Road ". Cedar Hill Extension is along our newly constructed Manawagonish Road and would be a wonderful area for this beautification project. There are three west schools; St. Rose, Barnhill and Island View Heights, that we could contact to see if they would like to get involved. Would you kindly direct our request to the city department that could assist us with time lines and other information, we would require. Thank you for your attention to this request. Sincer y your, i' i St Dashwo d E ecutive Director !y M & C — 2008 -35 February 28, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public Hearing Dates 990 Sand Cove Road, 55 McDonald Street and 120 McDonald Street BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the Public Hearing. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Lesley and Pat O'Neill Saint John Transit Commission 502413 NB Ltd. 990 Sand Cove Road "RS -2" IL- To permit a day care centre 55 McDonald Street 1-2", "R -2" "US" To permit an and "R -4" operations complex 120 McDonald Street "SC -2" 43 Sec. 39 To permit a separate licensed lounge with Dooly's billiard parlour Report to Common Council RECOMMENDATION: Page 2. That Common Council schedule the public hearings for the rezoning applications of Lesley and Pat O'Neill (990 Sand Cove Road) and Saint John Transit Commission (55 McDonald Street) and the Section 39 Amendment application for 502413 NB Ltd. (120 McDonald Street) for Monday, March 31, 2008 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager .. M & C — 2008 -36 February 29, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Assignment of Lease Howard's Tobacco- City Market BACKGROUND: On December 19, 2005 Common Council authorized a Lease for space at the City Market with RNL Blanchard Ltd. operating as Howard's Tobacco. In February of 2008 City staff received a request from the solicitor acting on behalf of a prospective purchaser, Mr. Kyung Soon Chang asking the City to consent to an Assignment of Lease so that a sale of the business could take place on or before March 14, 2008. The Deputy Market Clerk met with the prospective purchaser and is satisfied with the assignee's credentials and business plans. It was noted however that improvements promised by RNL Blanchard were not completed and will be undertaken by the new purchaser, in particular the leasehold improvements outlined in section 14.19(2) of the Lease. This clause requires the tenant to upgrade the floor covering and fixtures. The prospective purchaser understands the expectation and has agreed to make the necessary improvements within a calendar year of the assignment. The Lease will require amendment to reflect this condition. RECOMMENDATION: That The City of Saint John consent to the Assignment of Lease from R.N.L. Blanchard Ltd. to Kyung Soon Chang as attached, effective March 14, 2008, 45 Report to Common Council February 29, 2008 Page 2 2. that the Lease be amended by deleting the contents of Clause 14.19(2) and replacing with the following: "upgrading the store fixtures and replacement of the existing floor with a similar tile on or before March 15, 2009, and ", and further 3. that the Mayor and Common Clerk be authorized to sign any necessary document required to effect the transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Enclosure This ASSIGNMENT OF LEASE, made this ` day of February, A.D. 2008. BETWEEN: R,N.L. Blanchard Ltd., a duly incorporated company having its head office at 45 Charlotte Street, Saint John, NB E2L 2H8, doing Business as Howard's Convenience, hereinafter called the "Assignor ", of the First Part - and Kyung Soon Chang, of 17 Boyd Street, Apartment 3, in the City and County of Saint John and Province of New Brunswick, hereinafter called the "Assignee ". WHEREAS by a lease dated the 151 day of January, 2006, THE CITY OF SAINT JOHN, the Lessor named therein, leased to the Assignor the premises described in Schedule "A" attached hereto, being a portion of the City Market, 47 Charlotte Street, Saint John, NB, for a term of Five (5) Years from January 1, 2006 to December 31, 2010, and subject to the terms and conditions set forth therein; AND WHEREAS the Assignee has requested the Assignor to sell the residue of the said term years and to assign to it the herein above recited Lease; NOW THEREFORE in consideration of $1.00 and other good and valuable consideration given and paid by the Assignee to the Assignor the receipt whereof is hereby acknowledge the Assignor as beneficial owner hereby assigns to the Assignee the Assignor's interest in the premises previously described, being a portion of the City Market, 47 Charlotte Street, Saint John, NB, together with the unexpired residue of the said term of years and the lease and all benefits to be derived therefrom subject to the payment of the rent and the observance and performance of the covenants, provisos, and conditions on the part of the tenant contained therein. The Assignor covenants with the Assignee that the lease is a valid and subsisting lease that the rent reserved thereby has been duly paid to , 2008, that covenants, provisos and conditions thereof on the part of the lessee have been duly observed and performed up to the date hereof, that the Assignor is entitled to assign the lease, that subject to the payment of the rent and the observance and performance of the covenant, provisos and conditions of the lease the Assignee may 47 enjoy the premises for the residue of the said terms of years and any renewal thereof, without interruption by the Assignor or any person claiming through Assignor, and that the Assignor shall execute such further assurances at the cost of the Assignee, as may be reasonably required. The Assignee covenants with the Assignor that the Assignee will throughout the residue of the said term of years and any renewal thereof, pay the rent reserved at the times and in the manner provided in the lease and observe and perform the covenants, provisos and conditions on the part of the tenant therein set forth and will indemnify and save harmless the Assignor from all actions, suits, costs, losses, damages and expenses in respect of such covenants, conditions and agreements that arise after the closing. IN WITNESSETH WHEREOF the Assignor and Assignee have hereunto executed and sealed the day and year first above written. SIGNED, SEALED AND DELIVERED ) in the presence of. ) R.N.L. BLANCHARD LTD. Per: .; Lois T. Blanchard, President Kyung Soon Chang 113- w 0 °J z z a co � o o• a 0 h ° � 0 o p a0 0 a w W sn Ou x km LLJ W, O an I , Q ' • I N d t1 � ui m a 1 I I bn `• II � t Ir I W w Q�� LL Q W W In J LL 4� �. PROVINCE OF NEW BRUNSWICK COUNTY OF KINGS I, Lois T. Blanchard, of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the President of R,N.L. Blanchard Ltd. (hereinafter called "the Company ") and as such have a personal knowledge of the matters and facts hereinafter deposed to. 2. THAT I am the sole signing officer with duly authorized authority to make and execute documents on behalf of the company. 3. THAT the signature subscribed "Lois T, Blanchard" to the aforegoing Indenture on the day of February, 2008, is the true and proper signature of me, this deponent. 4. THAT the seal affixed to the aforegoing Indenture purporting to be the corporate seal of R.N.L. Blanchard Ltd. is the corporate seal of the said company, and was affixed to the aforegoing Indenture by me and by Order of the said company on the day of February, 2008. 5. When I executed the attached Instrument, the ownership of a share or an interest in a share of the corporation did not entitle the owner thereof to the occupation as a marital home of the lands and premises in the Indenture. SWORN TO at the City of Saint John in the County of Saint John and Province of New Brunswick, this day of February, A.D. 2008 BEFORE ME: JAMIE J. FEENAN Commissioner of Oaths, Being a Solicitor 50 Per: R.N.L. Blanchard Ltd. Lois T. Blanchard, President k M & C 2008 - 33 February 25, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: CONTRACT 2008 -2: 2008 FLOW METERING BACKGROUND This contract consists of a project that is approved in the 2008 Water & Sewerage Utility Fund Capital Program as follows: 1. Installation of system meters for monitoring of flows and data collection on the water distribution system in accordance with the Water Strategy. One new flow meter will be installed at the Musquash Pumping Station and two new flow meters will be installed at the Champlain Heights Pumping Station under this contract. TENDER RESULTS Tenders closed on February 20, 2008, with the following results: 1) Fairville Construction Ltd. Saint John, NB 2) GJ Cahill & Company (1979) Ltd. Saint John, NB $148,665.00 $223,527.00 The Engineer's estimate for the work was $226,875.75 51 M &C2008 -33 February 25, 2008 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The contract includes work that is charged against one capital work project. Assuming award of the contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $320,000.00 was provided in the budget and that the projected completion cost of the project included in the contract is estimated to be $164,072.94 including the City's eligible HST rebate — a positive difference of $155,927.06 in the Water & Sewerage Utility Fund Capital Program. Staff plan to continue the flow metering program later this year and utilize the surplus funding from this budget to install additional flow meters under a second contract. POLICY — TENDER OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2008 -2: 2008 Flow Metering be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $148,665.00 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 52 Terrence L. Totten, F.C.A. City Manager M & C — 2008 -39 February 29, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: GRANT RIGHT -O&WAY OVER CITY LAND TO CIVIC No. 359 ELDERSLEY AVENUE — PID No.335745 Mr. Brian Delaney, solicitor for the current owner of lands designated PID #335745 has made the following request to the City. Title to the land currently vests in the Estate of Margaret Mary Wilkins. The property owned by the Estate does not abut a public street; rather, it fronts upon a private roadway which City staff believes to be owned by the City of Saint John. The City acquired title to the roadway from William Murdoch et ux in 1910 during the expansion of the Loch Lomond Watershed in the early years of the last century. The attached Survey Plan prepared by Richard B. Stewart, NBLS of Hughes Surveys & Consultants Ltd. dated October 5, 1983 accurately depicts current conditions. Mr. Delaney requests for his client a right of way for access from Eldersley Avenue to the lands designated PID #335745 over and along the lands designated on the attached Plan of Survey "City of Saint John (Private Road)" so that the land owner can access her property. Mr. Delaney on behalf of his client has agreed to the following terms and conditions: 1. that the owner will not require any maintenance or other upkeep, etc. from the City; 2. that the City will have no liability in the event of death, injury, damage, etc. from use; 3. that the owner of the land will indemnify the City from any and all claims in the event of any death, injury and /or damage; and 4. that the owner will agree that any transfer of the lands will contain a covenant that any transferee and the successors in title will comply with the requirements imposed and will exact like conditions from a transferee in any transfer of the parcel or any part thereof. 53 Report to Common Council February 29, 2008 Page 2 Should you be prepared to recommend that the requested right of way for access over City lands between Eldersley Avenue and the lands owned by the Estate of Margaret M. Wilkins be granted to the Estate, the following resolution is appropriate: RECOMMENDATION: RESOLVED that the City of Saint John grant to the owner of lands designated by PID #335745 in common with all others lawfully entitled, a right of way over City lands designated City of Saint John (Private Road) on Survey Plan dated October 5, 1983 to provide access from Eldersley Avenue to the lands designated on the said Plan of Survey Margaret M. Wilkins Property, upon the following terms and conditions: 1. that the owner will not require any maintenance or other upkeep, etc. from the City; 2. that the City will have no liability in the event of death, injury, damage, etc. from use; 3. that the owner of the land will indemnify the City from any and all claims in the event of any death, injury and /or damage; and 4. that the owner will agree that any transfer of the lands will contain a covenant that any transferee and the successors in title will comply with the requirements imposed and will exact like conditions from a transferee in any transfer of the parcel or any part thereof. And further that the Mayor and Common Clerk be authorized to execute the grant of right of way. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development CL /c Attachment 54 Terrence Totten, F.C.A. City Manager Description of Plan: City to grant a right -of -way over its property to access property identified as civic #359 Eldersley Avenue (PID # 335745). N PID: 55189708 Address: Private roadway off Eldersley k Avenue A Pan: N/A Date: February 29, 2008 55 lien _ f. ,!'I}�.ssl nr,�. i• ,., 1,. •,..- •l•i Jib.., y� �,.�i. - .. .�y� ; r/o�N�lta Mw��a r" .� �. m 'J• iifi i Tf Sy iA .. e g Q �, 92NAlhnn�Fr• i JI v .p sr. 'i it Al p 4 IL t � ,'� ` : �a r •x'70 �bq _ .. _� ?; ., ,J� r/' ', , r'. , ��•,.�. ' • � � \ •(y% � ��+ fin• ��1J, ' �r "�� . , ,'• ;•) , :4' i ,♦.4 56 REPORT TO COMMON COUNCIL M & C — 2008 -38 29 February 2008 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender 2008- 085401T — Sprinkler Extension and Sprinkler System Flushing — Rothesay Ave. Garage BACKGROUND: As a part of the Capital Budget for Facilities Maintenance, recognition was given to extend the sprinkler system in the Main Garage at the Rothesay Avenue complex to include the Welding Shop Bays and the Streets Division Area. Also identified in the tender was the need to flush the existing sprinkler system in the Works and Fleet areas of the garage to remove sediment and build -up as a part of the preventative maintenance program. Tenders were called to address these two concerns and closed on Wednesday, February 20, 2008. ANALYSIS: Three companies responded to the City's tender call by submitting bids. Staff of Materials & Fleet Management and Building and Technical Services have reviewed the tenders, and have found them all to be complete in every regard. A copy of the bid summary is enclosed for Council's consideration. FINANCIAL IMPLICATIONS: The total cost to extend the sprinkler system in the Main Garage at the Rothesay Avenue Complex and Flush existing systems, if awarded as recommended to the low bidder, will be $$39,102.00 plus tax. This is a planned expenditure and as such funds are available in the Capital Budget. 57 Page 2 RECOMMENDATION: It is recommended that the tender, in the amount of $39,102.00, plus tax, for the supply and installation of a sprinkler extension to encompass the Welding Shop bays and the Streets Division Area and for system flushing in the Main Garage at the Rothesay Avenue complex be awarded to the low bidder Vipond Fire Protection, of Moncton, NB as indicated on the enclosed summary of bids. Respectfully submitted, David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager M Summary of Bids Tender 2008-085401T Garage Sprinkler Extension & Sprinkler System Flushing * Indicates Recommendation 59 Edwards Description Viking Fire Vipond Fire Sprinkler, part of Protection Protection Troy Sprinkler Ltd. Sprinkler System Extension $29,300.00 $24,548.00 $35,000.00 Sprinkler System Flushing $17,299.00 $14,554.00 $8,188.00 Total $46,599.00 $39,102.00 $43,188.00 * Indicates Recommendation 59 The City of Saint John Norm McFarlane Mayor's Office Bureau du maire SAINT JOHN PROCLAMATION WHEREAS: There are homeless individuals and families in the City of Saint John. Homeless Saint Johners are individuals who lack fixed, regular and adequate residence; live in a shelter, transitional living facility or a place not designated for living accommodations; or are at -risk of being displaced from their residence; and WHEREAS: Community awareness and participation are essential in addressing and eliminating issues and circumstances that contribute to homelessness; and WHEREAS: The Human Development Council will host a "Homelessness Awareness Day" on Monday, March 10, 2008. Activities and events will be offered and the community will be encouraged to participate and learn about the many issues related to homelessness, and the dedicated community agencies that offer services and support to persons whom are homeless. NOW THEREFORE: I, Mayor Norm McFarlane, of Saint John do hereby proclaim Monday, Ma ch 10, 2008, Homelessness Awareness Day, in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. P.O. Box 1971 Saint John, NB Canada E21_41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B :fel JAN-29 -2E�0$ 11:28 From: To:642 7770 P.2� 12 Appft *dM 7flw a sr AEI dn now Appieard �1f�EL1�0�liw /�iasse;,p�,�..is sae ie+i�s..dn.�r 3r �+ocYicai�Ott�l�a�,ti3ldoatlarr �� '�3�--�1�r'Z,CT I+Tsoet � plm�gr � ��i+sorl t t� i� ist Wt. Addte�hld�p -1��J ��► W z�d Mep� �cw�oM. � tae i i� � '- c� stet, �.,ir�e �oee�r�fiw e a rte(; ' �ac�tl8apedcoedakwE IbiS'}O S4FTSmax�aaa�rtalPaeedo�rnc 4EIt �oeY1� (VANCANT Ii ' 'I.l llMt 4pMdt�a�s�s kgp�i0a� ae�eioa des m�esaz be�lep, h o* BMWs" / M� da wma t Rheiesl7 l ��- I1 1:8 o own Sve M60 a To a�o.dwvMlm � 1�►,i1�1A��i —ir RIAN P:'cs ��1Sav A�.10E �— Sr SUrA Aw a trc r , ,I 11' 1F L£99-b£9 -909 1114 o�? -sP.-ter yllws e9slaU7 dRfl: to Rn uer q7 JAq- 24 -2ooe 11:22 From: To:642 777 P.3,'12 .I � III pwddp"=t kepi t M IJJ> 14010 i'MiMM M -� Arv� vvCY1laSSifl �1�55 fc er, ACa mG \j r —JANkl Atre &cvv- 4A E- Co m v ur OAr Pe wA i oC_iA� ► o <� ��( I V. i5w aarerpo�+r,�aae�r+J►�.Jai�s+Mkr � ixdi� �awJZ �arieJJ� dr..i� J�Jyra14 1 A iklxsh► el+�t w mum dJre..e. �w�s taep,q,�.,b• JJ�� b+�fdJ�r,� abate. y6�orda+JAUb�+'�1�► drs�i�ti ttai�e+>as 8i�.•ttiwi� >>>�Ir��r�e Jilti�6�nt err► et�iap�de7st►ar ft &M OftJ%w 46 ZOOM dMirivalwirI&AMMi ar kPopri E t' arrwardtr In AN" drrAAIW M +iJiJradaaae dread! dara�pw�tY � ate��pa�e�ac .irk !t�#�a�adllM�gr�Ta bp�erdeTe�r>� �ivr+mw�rtl>tarJ�ba>�paeJ� l Fa■ JdrlodJJJJJ�o�tcman�m�tMOaecp�q Sm�i1 Incal �iUSJneSS CTv3L ow(JEV-S c�NE fULL -111"1= - M ?cRiE 'k VAAtiE 75o�Nn - Of oJrL' 3` -AEA -V j^OtLD -%AV-"LZ(! O�FRA��O�j Pavida a* s&r -v"bo id➢W),I VbwM r eat arJJdapea�i 114� y PW"ftqdpDMMkaKw2L �URRer�� 0,4 E e �3 Cn►S 1nJi5 Se S :1 a/ 0 25 Km R 1u S ,II w � Apf Stems da JIJ®dsi' � f� area �1p�t,�a�io�x�i p� ��rc�r�kaJ►sao s oae�mJriMl4MIM "JiJ��lDbIR 7�at�ww�w� o6.uirJfasl�p�eptie�+taw.>Er4s I i DM Jbearoaarao�6J�rt ft fopawW d4a U iJJ+r *,Aaprtdt�ea.s�vr+r dr �5r 6y � � J1e,}M�k1r1� da.s�irpar �Ja peW dnrFdR i Joitea�l■p1% b �a��dt 1 by>�u�Mtd'Qaare�Ql� �! t�reAa�a�eeaws�`13►�►�1 coat Same l�_�y�� cue= ca�a ilb4 7¢ I a -TT 800ce"a ?' /?1 '.E ppph}jf] ►:0 I I Mq gpiq CM I;T?K -H W&%fAj%v9 4 bS' 0 ! £'d L£98-ti£9 -909 Hl!wS eeslego d9o: Lo 8o Uer 9Z PROPERTY CLIENT VIEW Page 1 of 2 II Status: Active II PID #: # 00320440 " Address: 145 LOCH LOMOND RD City: SAINT JOHN, E2.1 1X9 Side of Road: Elem Schl: Sec. School: Lot Size: 16570 SOFT District: 4 Building Size: 1372 Sub -Dist: 410 Water Frontage: Zoning: R -2 Exposure: Possession: IMMEDIATE Overview OWNER TRANSFERRED! Large & spacious 4 bedroom, split entry home. Open livingroom /dining room area, large eat -in kitchen with patio doors to back deck. Large master bedroon with 1/2 bath ensuite. Main floor laundry/mudroom entrance. Down - finished with 3/4 bath, family room with fireplace and built -in bar. Attached single car garage with entrance into basement workshop area. Potential for in- family or business office. Directions Type: Single Family Style: Split Entry Title to Land: 211 Property Size: Under 0.5 Acres Land Features: Landscaped Access: Year Round Road Rental Equipm.: Access Inclusions Exclusions BUILT -IN APPLIANCES Bedrooms: 4 Bathrooms: 211 Rental Income: POTENTIAL Building Age: 29 Heating: Masonite /Colour Lock Garage Type: Single, Door Opener Water: Municipal Sewer: Municipal Services: Electricity, Telephone, Cable, Asphalt Shingle Bus Service Rental Equipm.: KITCHEN Flooring: Carpet, Wood, Ceramic /Marble Exterior: Masonite /Colour Lock Driveway: Gravel Foundation /Basement: Concrete Int.Features: Ensuite Ext. Features: Deck Roof: Asphalt Shingle Sign: Yes UFFI: NO Garage: Yes Gar.Details: SINGLE WI Lockbox: PCS: Completed ENTRANCE Road: Municipal Survey: TO YARD & BASEMENT Waterfront or View: No Water: MUNICIPAL Floor Room Size Floor Room Size MAIN FLOOR LIVING ROOM 22X13 & DINING BASEMENT BEDROOM 14X14 MAIN FLOOR KITCHEN 20.12X13 BASEMENT BEDROOM 13X14 MAIN FLOOR LAUNDRY 8X11.6 MAIN FLOOR BATH (# pieces 1 -6) FULL MAIN FLOOR MASTER BEDROOM 16.6X15 BASEMENT BATH (# pieces 1 -6) 3/4 MAIN FLOOR BEDROOM 10X11.6 MAIN FLOOR ENSUITE BATH (# pieces 1 -6) 1/2 BASEMENT IFAMILY ROOM 126X18 Assessment: $ Taxes: $2453 (2007) Improvements: Mortgagee: Mortg.Rate: Subj.to Vent: Yes Mortg.Amount: $ Due Date: Condo Fee: Payment (PI): $ Payment (PIT): $ Mobile /Leased Land F: Seller Name: G. ABRIC Home Tel.: Bus.Tel.: Listing Office: EXIT REALTY SPECIALISTS (S181) Compliments of: KATHLEEN MCNAMARA: 506.639 -18800 E -mail: kathleen @exitrealtyspecialists.ca Company Name: EXIT REALTY SPECIALISTS (S181): 506.642 -3948 EXIT REALTY SPECIALISTS The information contained on this listing form is from sources believed to be reliable. However, it may be incorrect. This information should not be 63 http: / /dms3.filogix.com/sjnb /view_ one /display _property.html ?counter= e35684664012113... 1/20/2008 1 A El I PROPOSED ZONING BY -LAW AMENDMENT RE: 145 LOCH LOMOND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 3, 2008 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 1530 square metres, located at 145 Loch Lomond Road, also identified as being PID No. 00320440, from "R -2" One and Two Family Residential to "B -1" Local Business. REASON FOR CHANGE: To permit the establishment of a business office within the existing building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 145, CHEMIN LOCH LOMOND Par les pr6sentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a Farret6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du Conseil le lundi 3 mars 2008A19h: Rezonage d'une parcelle de terrain d'une superficie d'environ 1530 metres carr6s, situ6e au 145, chemin Loch Lomond, et portant le NID 00320440, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» a zone Commerciale locale B -1 >>. RAISON DE LA MODIFICATION: Permettre 1'am6nagement d'un bureau d'affaires a 1'int6rieur du batiment existant. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de Furbanisme et du d6veloppement a Fh6te1 de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a Fattention du soussign6 a Fh6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 AM PROPOSED ZONING BY -LAW AMENDMENT RE: 145 LOCH LOMOND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 3, 2008 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 1530 square metres, located at 145 Loch Lomond Road, also identified as being PID No. 00320440, from "R -2" One and Two Family Residential to 11114" Local Business. REASON FOR CHANGE: To permit the establishment of a business office within the existing building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment maybe sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 145, CHEMIN LOCH LOMOND Par les presentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a Parretti sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 3 mars 2008 a 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 1530 metres carres, situ6e au 145, chemin Loch Lomond, et portant le NIL) 00320440, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» a zone commerciale locale << B -1 >>. RAISON DE LA MODIFICATION: Permettre Fam6nagement d'un bureau d'affaires a l'int6rieur du batiment existant. Toute personne interestee peut examiner le projet de modification au bureau du greffier communal ou au bureau de Furbanisme et du d6veloppement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feri6s. Veuillez faire parvenir vos objections au projet de modification par ecrit a Pattention du soussigne a 116tel de ville. J. Patrick Woods, Greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): February 5, 2008 February 26, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal © Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 :Y l BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1530 square metres, located at 145 Loch Lomond Road, also identified as being PID No. 00320440, from "R -2" One and Two Family Residential to `B -1" Local Business - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe aA », Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 1530 metres canes, situee au 145, chemin Loch Lomond, et portant le NID 00320440, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» a zone commerciale locale « B -1 » - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2008, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 68 February 27, 2008 Your Worship and Councillors: SUBJECT: Proposed Rezoning - 145 Loch Lomond Road On February 4, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 26, 2008 meeting. The applicant, Mr. Greg Harris, attended the meeting in support of the proposal. He expressed agreement with the staff recommendation and provided additional information concerning the nature of the proposed office use and the anticipated traffic volumes to the site. Mr. Roy MacMillan, of 14 Christina Court, addressed the Committee with concerns relating to potential increases in traffic volume, drainage, and the impact on the residential character of the surrounding neighbourhood. His concerns are outlined in a letter which was presented to the Committee at the meeting. This letter is attached, along with two others that were received expressing similar concerns with the proposal. After considering the application and proposed Section 39 conditions, the Planning Advisory Committee adopted the revised recommendation as set out below. It should be noted that a business office is a conditional use in the "B -2" General Business zone, however the Committee did not impose any additional conditions. RECOMMENDATION: That Common Council rezone the parcel of land located at 145 Loch Lomond Road, also identified as PID number 00320440, from "R -2" One and Two Family Residential to `B -l" Local Business. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the rezoning of the aforementioned lot be subject to the following conditions: a) the use of the existing building is limited to an insurance office with a basement apartment; b) the site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and approved by the Development Officer; .• Planning Advisory Committee Page 2 February 29, 2008 c) the driveway and parking area must be paved with asphalt; d) the existing landscaped areas must remain and shall not be decreased in size; e) signage is permitted only as approved on the site plan by the Development Officer; f) mobile signs are prohibited. Respectfully submitted, Stephen Horgan Chairman Attachments Project No. 08 -005 70 DATE: FEBRUARY 22, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 26, 2008 SUBJECT: Name of Applicant: Name of Owner: Location: Patrick Foran Planning Officer Greg Harris Gary Abric 145 Loch Lomond Road PID: 00320440 Municipal Plan: Low Density Residential Zoning: Existing: "R -2" One and Two Family Residential Proposed: `B -l" Local Business Proposal: To establish and operate a business office for an insurance company within the existing building, with an apartment in the basement. Type of Application: Rezoning and conditional use JURISDICTION OF COMMITTEE: 71 Greg Harris 145 Loch Lomond Road Page 2 February 22, 2008 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, March 3, 2008. The Zoning By -law authorizes the Committee to impose terms and conditions upon the establishment and operation of a business office in the `B -1" Local Business zone. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone the parcel of land located at 145 Loch Lomond Road, also identified as PID number 00320440, from "R -2" One and Two Family Residential to `B -1" Local Business. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the rezoning of the aforementioned lot be subject to the following conditions: a) the use of the existing building is limited to a business office with a basement apartment; b) the site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and approved by the Development Officer; c) the driveway and parking area must be paved with asphalt; d) the existing landscaped areas must remain and shall not be decreased in size; e) signage is permitted only as approved on the site plan by the Development Officer; f) mobile signs are prohibited. 3. That the Planning Advisory Committee not impose any additional conditions on the establishment and operation of a business office on the subject property. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed rezoning and conditional use: • there are existing water, sanitary and storm mains running through this property that are located very close to the existing building which would limit the ability for its expansion; • there are easements for municipal services on this property; • all commercial properties require a City approved water meter be installed if not already done so. 72 Greg Harris 145 Loch Lomond Road Page 3 February 22, 2008 Building and Technical Services indicate that conversion from the current single - family use to an office plus residential unit will require significant upgrading of fire separations, exiting, electrical and plumbing systems. In the past, complaints had been received regarding vehicle sales from this property. Saint John Transit states that they provide extensive service to this location with the East Ellerdale Route. Fire Department has been forwarded a copy of the application. ANALYSIS: The subject property is situated on Loch Lomond Road approximately midway between the Kane's Corner and Loch Lomond Mall commercial areas on the City's East Side. The area is comprised primarily of single- and two - family dwellings with some multi -unit apartment buildings on the north side of Loch Lomond Road, along with the Villa Ridge Estates townhouse development. There are also a number of properties in the area that have been rezoned to allow commercial/light industrial development. Presently located on the site is a split -entry bungalow with an attached garage. The applicant is proposing to establish a business office for his insurance company on the building's main level and potentially create an apartment in the building's basement. There would be a total of three employees (two agents /owners and one full -time support staff) working out of the office. Parking would be provided in the area in front of the garage, which is surfaced with crushed rock and can accommodate up to five vehicles. The general area is designated in the Municipal Development Plan as Low Density Residential. The Plan envisions such areas in the community as being appropriate for the development of one and two - family dwellings with full municipal services. The Plan also recognizes that certain non - residential uses are appropriate for such areas. These land uses are seen as necessary to primarily serve the needs of the local resident population or are compatible with residential uses. The Plan encourages the exclusion from residential areas those use that are not compatible with these neighbourhoods based on nuisance factors such as the generation of excessive traffic or the production of smoke, dust, fumes or noise. While the proposed business office would serve a wider base than the immediate neighbourhood, given the nature and scale of the office use it is not anticipated that the aforementioned nuisance factors would be present, with the possible exception of traffic. However, small scale office uses (other than doctors' offices) tend to have lower traffic flow and the general area is situated along Loch Lomond Road which is a busy arterial street serving as a link between the eastern portions of the City and the Uptown. It is not anticipated that any increases in traffic volume generated by the proposed office will be substantial and therefore it is not expected that there will be a 73 Greg Harris 145 Loch Lomond Road Page 4 February 22, 2008 noticeable impact on neighbouring property owners. Consequently, approval of the requested rezoning can be supported in this instance. Other rezoning requests in the area have not been supported by staff because of the potential impact the nuisance factors would have on the residential fabric of the surrounding neighbourhood. The lot size and location in this case minimize potential impacts, although there is concern about the cumulative impact of further rezonings, for which this application could set a precedent. The scale of the proposed business office is similar to that of a home occupation and would be permitted if the applicant were to reside at this location. To help ensure that the site remains compatible with the surrounding neighbourhood, it is recommended that Council impose conditions pursuant to Section 39 of the Community Planning Act limiting the commercial use to a business office and requiring the site to be maintained in accordance with a detailed site plan, to be submitted for the approval of the Development Officer. Signage should also be controlled by requiring Development Officer approval, as a large illuminated sign would not be appropriate in this area. Mobile signs are also not appropriate and should be specifically prohibited. The Committee could impose additional conditions, as a business office is a conditional use in the `B -l" Local Business zone, but staff does not anticipate that this will be necessary as Council can impose sufficient restrictions, if the rezoning is approved. CONCLUSION: The proposed business office is small in scale and it is not anticipated that, given the nature of the commercial activity coupled with the size and location of the lot, that there will be a significant impact on the surrounding neighbourhood. While staff can support the application, the recommendation includes several conditions to help protect the residential character of the area and ensure that the site cannot be used for other purposes. PF Project No. 08 -046 74 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT v ° m •• +w` » » N 4- » ,• 1.14 1 aye o o ° •`COG ° \ I2M-1 — SZ ° IL- 1 ,f 0 ° C u ° O ] ( G„ O � 1J, a !N s , , x �° '� •� a �ton,d s IL - I f p • F mw -4 A f i f {, A f ' � m » • y >o O „ Subject Site /site en question: ;• �, Location: 145,chemin Loch Lomond Road Date: January / janvier 29, 2008 Scale /echelle: Not to scale /Pas a l]echelle 75 PID(s) /NIP(s): 00320440 1300 76 or ot du Glav � c1 JUOA, ' 77 : ryn 0 1 k44-d Ob OUA EN r7�L Al" 09 RECFIVED FEB 2 5 ZP,,'G' a 79 Villa Ridge Estates Ltd. — Christina Court Planning Advisory Committee Feb. 26, 2008 City of Saint John P.O. Box 1971 Saint John, NB, E21, 4L1 Dear Sirs, Re: Proposed Rezoning and Conditional Use of 145 Loch Lomand Road On behalf of the 24 homeowners of Christina Court, I would like to express our views regarding the rezoning of 145 Loch Lomand Road. I am the president of Villa Ridge Estates Ltd. and represent the owners in matters regarding maintenance and management of our common lands. Collectively, our 24 homes represent a property tax base near $2,500,000. We take pride in the appearance of our community and it's suitability for seniors. Most owners are senior citizens and most owners drive cars. We already find the intersection of Christina Court and Loch Lomand Road to be very dangerous for the best of drivers. We do not want this increased. If the rezoning decision was ours, we would prefer it was not rezoned B -1. We prefer that the property remain R -2 Residential. If there was no way to stop a business office at this address, we would prefer a variance to R -2 over a rezoning to B -1. We are concerned that B -1 zoning could gradually allow the conditions and-ternisl imposed to -be overlooked or manipulated:in a way that would degrade our property and the Park across the street. In any event, our concerns are as follows: 1: The residential appearance of the property should not be degraded. 2: Care must be taken to ensure storm water handling is not degraded. 3: Volume of business traffic should be low and of limited hours of operation. 4: Signage should be minimal and attractively done. No road signs or stands. 5: Parking should be such that no vehicles have to back onto Lock Lomand. 6: Terms and Conditions imposed carry forward to subsequent businesses. Thank You, eo -7 _` Roy MacMillan Villa Ridge Estates Ltd. AN Application for a Zoning By -law Amendment Demande de modification a 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur mC G, A m /l 1 <_ 1 1-4 L . Mailing Address of applicant / Addresse postale du demandeur S 5 1 S , r-► o ti L a 6 `-r� A, •+ -s J oi.1 0+ YJ R�) Postal Code / Code postal F-2.-3 • 2�� Telephone Number / Numbro de telephone (,4 Z .,As i 1 Home / Domicile G4+$ •5 ++ Work / Travail G+7161 I Fax Number/ Numdro de telecopieur 647- • 3 S9 9 Name of Property Owner (if different) / Nom du propri6taire (si different) I \Ls (a A eV,% lL t1% ) 1 S1 Address / Adresse S n m Postal Code / Code postal Property Information / Renseignements sur In propriete Location / Emplacement S`S_? w t£3 1 r— o a L r-A r n f` n SA, -I -To l'i a NHS_ ? 0S 1 f 3 Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot -T9 7 S Q_f'f .Street Frontage / Fagade sur rue $Z �LcAT . Existing Use of Property/ Utilisation actuelle de la proprietd C r, &Pv 1 &j r3 c d 're 0.E 1'i tzrX (;AA4K Municipal Plan land Use Designation (� Designation de utilization des terres sur le plan municipal J� Amendment Requested / Modification demandee Present Zoning / Zonage actuel Change Zoning to / Modification du zonage A -T. ?so. ; L oy N S g and/or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les details) E -11I Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Yous devez fournir un plan du site a l'echelle illustrant votre proposition. Maus pouvez egalement fournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et toute autre forme de renseignement Le plan doit indiquer les dimensions de la propriete, 1'emplaeement de la totalite des boments, des allees, des sires de stationnement, des amenagements paysagers et des panneaux de signalisabon. II est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved / Fournir tout autre renseignement concennant votre proposition qui pourtait titre approuvdes. 1 a ALL ) tig Lae-A, ,o•h Jo �!£ �1�!��'SIf.7 ��Zor,�t►s �'�f oo t+-� LoVra'% t 1 )o )NoRtinsf 29%jeraod pao-31 0 Er"+PC. "Yr- X!, -1 Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre utile. Signature of Applicant / Signature du demandeur Date a 9 (0e, L $400 Application Fee Enclosed / Ci joint les finis de demande de 400 $ If you are not the owner of the land in question Si vows n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veui/lez obtenir la signature du proprietaire dans la pantie the owner is authorizing this application to proceed ci- dessous. La signature du proprietaire autonsant le for consideration by Common Council. traitement de la presente demande pour que cette derWre soft examinee par le eonseil communal. Signature of Owner (if applicable) Signature due propridtaire (s'd y a lieu) Date: E:3► i 1 3 4 H Z O a 1 � N r= 'Q 'o a a 18' 'O Qi ! al , all N 4 b � b t I N Concrete Walk m H Parking -- 10 Cars o 108.2' _ WESTMOR"ND ROAD E:ic3 �— 5'8" 29' �{ MAIN FLOOR PLAN E:11 T C2 a; Drawn For::: MEGAMART Inc. Date :: 01/08 Scale :: Location :: 557 Westmorland Rd Saint John N.B. R.B. SHEPHARD PROPOSED ZONING BY -LAW AMENDMENT RE: 557 WESTMORLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 3, 2008 at 7:00 p.m., by: PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 557, CHEMIN WESTMORLAND Par les prdsentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'dtudier la modification suivante a Parr&& sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 3 mars 2008 a 19 h: 1. Adding the following to the list of zones in 1 Section 30(1): "special zones SZ -23" 2. Adding the following as Section 740(23): "Special Zone #23 SZ -23 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: - a lounge; - all uses permitted in Section 510(1)(a), subject to any applicable conditions contained in Section 510(2); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: - all uses permitted in Section 510(1)(b), subj ect to any applicable conditions contained in Section 510(2); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone 423 shall be as set out in Section 510(3), and Section 810 to 910 where this zone shall be considered a `B" zone, a `B -1" zone, or a business zone, as the case may be." 2. L'adjonction de 1'616ment suivant a la liste de zones du paragraphe 30(1) : zones sp6ciales SZ -23 » L'adjonction du paragraphe 740(23) qui se lit comme suit: Zone sp6ciale n° 23 SZ -23 a) Usages Tout terrain, batiment ou structure ne peut etre affect6 : i) qu'aux utilisations suivantes - un salon -bar; - toutes les utilisations permises en vertu de 1'alin6a 510(1)(a), sous r6serve des conditions stipuldes au paragraphe 510(2); ii) qu'aux utilisations suivantes, sous r6serve des conditions impos6es par le comit6 : - toutes les utilisations permises en vertu de l'alin6a 510(1)(b), sous r6serve des conditions stipuldes au paragraphe 510(2); iii) sous reserve de Particle 830, qu'a une utilisation auxiliaire ou accessoire lide A une utilisation, un batiment ou une structure permis dans cette zone. b) Normes de zone Les normes d'am6nagement dans la zone sp6ciale n° 23 doivent We conformes aux dispositions du paragraphe 510(3) et des articles 810 a 910, et la zone en question dolt etre consideree en tant que zone « B », zone «B -1 » ou zone commerciale, selon le cas. » 3. Rezoning a parcel of land with an area of 3. Modification du zonage d'une parcelle de approximately 1860 square metres, located at terrain d'une superficie d'environ 1860 metres E -111 557 Westmorland Road, also identified as being PID No. 00308163, from "B -1" Local Business to "SZ -23" Special Zone #23. REASON FOR CHANGE: To permit the existing restaurant to be converted to a licensed lounge. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 carres, situee au 557, chemin Westmorland, et portant le NID 00308163, de zone commerciale locale « B -1 » a zone sp6ciale n° 23 « SZ-23 ». RAISON DE LA MODIFICATION: Permettre au restaurant existant de devenir un salon -bar ayant une licence de debit de boisson. Toute personne interestee peut examiner le projet de modification au bureau du greffier communal ou au bureau de Purbanisme et developpement a 1'h6tel de ville au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par dcrit a Fattention du soussignd a l'h6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 E:11.1 PROPOSED ZONING BY -LAW AMENDMENT RE: 557 WESTMORLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 3, 2008 at 7:00 p.m., by: 1. Adding the following to the list of zones in Section 30(1): "special zones SZ -23" 2. Adding the following as Section 740(23): "Si)ecial Zone #23 SZ -23 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, iv) the following uses: - a lounge; - all uses permitted in Section 510(1)(a), subject to any applicable conditions contained in Section 510(2); v) the following uses subject to such terms and conditions as may be imposed by the Committee: - all uses permitted in Section 510(1)(b), subject to any applicable conditions contained in Section 510(2); vi) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #23 shall be as set out in Section 510(3), and Section 810 to 910 where this zone shall be considered a "B" zone, a "B -1" zone, or a business zone, as the case may be." 3. Rezoning a parcel of land with an area of approximately 1860 square metres, located at 557 Westmorland Road, also identified as being PID No. 00308163, from "B -1" Local Business to "SZ- 23" Special Zone #23. REASON FOR CHANGE: To permit the existing restaurant to be converted to a licensed lounge. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 557, CHEMIN WESTMORLAND E:1Fl Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a Parretti sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 3 mars 2007 a 19 h 1. L'adjonction de 1'61ement suivant a la liste de zones du paragraphe 30(1) : zones sp6ciales SZ -23 » 2. L'adjonction du paragraphe 740(23) qui se lit comme suit: Zone sp6ciale n° 23 SZ -23 a) Usages Tout terrain, batiment ou structure ne peut titre affecte iv) qu'aux utilisations suivantes - un salon -bar; - toutes les utilisations permises en vertu de 1'alinea 510(1)(a), sous r6serve des conditions stipulees au paragraphe 510(2); v) qu'aux utilisations suivantes, sous r6serve des conditions imposees par le comit6 - toutes les utilisations permises en vertu de l'alinea 510(1)(b), sous reserve des conditions stipulees au paragraphe 510(2); vi) sous r6serve de Particle 830, qu'a une utilisation auxiliaire ou accessoire liee a une utilisation, un batiment ou une structure permis dans cette zone. b) Normes de zone Les normes d'amenagement dans la zone sp6ciale n° 23 doivent titre conformes aux dispositions du paragraphe 510(3) et des articles 810 a 910, et la zone en question doit titre consideree en tant que zone « B » , zone « B -1 » ou zone commerciale, selon le cas. » 3. Modification du zonage d'une parcelle de terrain d'une superficie d'environ 1860 metres carres, situ6e au 557, chemin Westmorland, et portant le NID 00308163, de zone Commerciale locale «B- 1 » a zone sp6ciale n° 23 « SZ-23 ». RAISON DE LA MODIFICATION: Permettre au restaurant existant de devenir un salon -bar ayant une licence de debit de boisson. Toute personne interess6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et developpement a 1'h6tel de ville au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit a 1'attention du soussigne a l'h6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 E:1:3 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, February 5, 2008 Tuesday, February 26, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal © Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 E -lue BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifid par: 1. Adding the following to the list of 1. zones in Section 30(1): "special zones SZ -23" 2. Adding the following as Section 740(23): "Special Zone #23 SZ #23 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: - a lounge; - all uses permitted in Section 510(1)(a), subject to any applicable conditions contained in Section 510(2); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: - all uses permitted in Section 510(1)(b), subject to any applicable conditions contained in Section 510(2); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #23 shall be as set out in Section 510(3), and Section 810 to 910 where this zone shall be considered a `B" zone, a `B -1" zone, or a business zone, as the case may be." 2. 0I91 L'adjonction de 1'61ement suivant a la liste de zones du paragraphe 30(1) : zones speciales SZ -23 » L'adjonction du paragraphe 740(23) qui se lit comme suit: Zone spdciale n° 24 SZ #23 a) Usages Tout terrain, batiment ou structure ne peut etre affecte : i) qu'aux utilisations suivantes - un salon -bar; - toutes les utilisations permises en vertu de 1'alinea 510(1)(a), sous reserve des conditions stipuldes au paragraphe 510(2); ii) qu'aux utilisations suivantes, sous reserve des conditions imposees par le comite : - toutes les utilisations permises en vertu de Palinea 510(1)(b), sous reserve des conditions stipuldes au paragraphe 510(2); iii) sous reserve de Particle 830, qu'a une utilisation auxiliaire ou accessoire Me a une utilisation, un batiment ou une structure permis dans cette zone. b) Normes de zone Les normes d'amdnagement dans la zone spdciale n° 23 doivent titre conformes aux dispositions du paragraphe 510(3) et des articles 810 a 910, et la zone en question doit etre consideree en tant que zone « B », zone a B -1 » ou zone nnmmarnio�a —1— 1a nQo - BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: ARRETE N" C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1. Adding the following to the list of 1. zones in Section 30(1): "special zones SZ -23" 2. 3. Adding the following as Section 740(23): "Special Zone #23 SZ #23 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: - a lounge; - all uses permitted in Section 510(1)(a), subject to any applicable conditions contained in Section 510(2); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: - all uses permitted in Section 510(1)(b), subject to any applicable conditions contained in Section 510(2); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #23 shall be as set out in Section 510(3), and Section 810 to 910 where this zone shall be considered a "B" zone, a "B -1" zone, or a business zone, as the case may be." Rezoning a parcel of land with an area of approximately 1860 square metres, located at 557 Westmorland Road, also identified as being PID No. 00308163, from "B -1" Local Business to "SZ -23" Special Zone #23 2. 3. L'adjonction de 1'e1ement suivant a la liste de zones du paragraphe 30(1) : zones speciales SZ -23 » L'adjonction du paragraphe 740(23) qui se lit comme suit: Zone speciale no 24 SZ #23 a) Usages Tout terrain, batiment ou structure ne peut etre affecte : i) qu'aux utilisations suivantes - un salon -bar; - toutes les utilisations permises en vertu de l'alinea 510(1)(a), sous reserve des conditions stipulees au paragraphe 510(2); ii) qu'aux utilisations suivantes, sous reserve des conditions imposees par le comite : - toutes les utilisations permises en vertu de l'alinea 510(1)(b), sous reserve des conditions stipulees au paragraphe 510(2); iii) sous reserve de Particle 830, qu'a une utilisation auxiliaire ou accessoire Me a une utilisation, un batiment ou une structure permis dans cette zone. b) Normes de zone Les normes d'amenagement dans la zone speciale n° 23 doivent We conformes aux dispositions du paragraphe 510(3) et des articles 810 a 910, et la zone en question doit We consideree en tant que zone « B », zone « B -1 » ou zone commerciale, selon le cas. Modification du zonage d'une parcelle de terrain d'une superficie d'environ 1860 metres carres, situee au 557, chemin Westmorland, et portant le NID 00308163, de zone commerciale locale B -1 » a zone speciale n° 23 « SZ -23 - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arrdtd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrdtd le 2008, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture ON February 29, 2008 Your Worship and Councillors: SUBJECT: Rezoning Application of Megamark Inc. 557 Westmorland Road On January 19, 2008 Common Council referred the above noted matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 26, 2008 meeting. Mr. R. D. Singh, of Megamark Inc., spoke in favour of this application. He indicated that he would be willing to live with strict terms and conditions to address potential disruption to his residential neighbours. There would be no entertainment and he would close at 11:00 p.m. He feels that he must have the lounge to keep the two VLT's which he presently has as a licensed dinning room. Valerie MacFawn, Sybil and John Smith and Walter Harris all spoke in opposition to the proposal indicating the residential nature of the immediate area and the inappropriateness of a lounge at this location. The five attached letters were also received in opposition to the proposal. After hearing the presentations the Committee adopted the recommendation contained in the attached report. RECOMMENDATION: That the proposed amendment to the Zoning By -law be denied. Respectfully submitted, Stephen Horgan Chairman Attachments 93 DATE: FEBRUARY 22, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 26, 2008 Randall G. Pollock, MCIP Planner SUBJECT: Name of Applicant: Megamark Inc. Name of Owner: Megamark Inc. Location: 557 Westmorland Road PID: 308163 Municipal Plan: Low Density Residential Zoning: Existing: `B -1" Local Business Proposed: "SZ -23" Special Zone #23 Proposal: To establish a licensed lounge within the existing building Type of Application: Zoning By -law Amendment JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, March 3, 2008. 01 Megamark Inc. 557 Westmorland Road STAFF RECOMMENDATION TO COMMITTEE: That the proposed amendment to the Zoning By -law be denied. BACKGROUND: Page 2 February 22, 2008 On June 3, 1997, the Committee considered a conditional use application by a previous owner to establish a take -out restaurant as a secondary use to the convenience store on the subject site. The Committee imposed the following conditions: a) That when the City does incorporate street improvements, including concrete curbing and sidewalk along the street frontage of the subject property, that the applicant be required to submit a detailed site plan to the Development Officer for approval, illustrating site improvements, including: landscaping, driveway access, and parking layout; and b) That the applicant be required to submit a site plan to the Development Officer for approval, illustrating the required site work indicated above in (a) at such time when the City has completed the street work improvements. In April of 1999 the previous owner converted the take -out restaurant to a 25 -seat restaurant (a permitted use) and subsequently obtained a Dining Room liquor licence for the establishment in September of 1999. On February 7, 2000, Common Council amended the Zoning By -law to permit only restaurants without a liquor licence in the `B -1" Local Business zone. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering does not support the proposed parking as outlined for a lounge. A property of this use should be surrounded by concrete curb with a dedicated entrance /exit to direct traffic in and out from one location only. The parking as shown on the site plan would require 18 vehicles to back out onto major streets. This Zoning By -law amendment cannot be supported by Municipal Operations and Engineering. Building and Technical Services advises that Building Code issues include barrier free access and fire separations. In addition, it is noted that parking and traffic movement in this area has always been problematic. Saint John Transit advises that it offers significant service to this site with the Champlain Heights bus which travels to the malls via Mountain Road. 95 Megamark Inc. 557 Westmorland Road Page 3 February 22, 2008 Fire Department has no objection to the application and advises that the construction must adhere to the National Building and Fire Codes. The change to a lounge will require that a new occupant load be calculated for the property. Saint John Police Force has been advised of the proposal. N.B. Department of Public Health and Wellness has been advised of the proposal. School District 8 has been advised of the proposal. ANALYSIS: Site and Neighbourhood The subject site is located at the intersection of Westmorland Road and Mountain Road in the Forest Hills area of East Saint John. Forest Hills is a stable residential neighbourhood of one and two - family dwellings. The site is on the edge of this residential neighbourhood, adjacent to Westmorland Plaza, which, in turn, is on the edge of the McAllister/Westmorland Regional Centre. The site contains the Forest Hills Grocery & Variety and a Pizza Shack restaurant with a Dining Room liquor licence. Although the `B -1" Local Business zone no longer permits licensed restaurants, the existing facility enjoys non - conforming use status because it obtained its Dining Room liquor licence just before Council amended the Zoning By -law in 2000. The site has a frontage of approximately 33 metres (108 feet) on Westmorland Road and approximately 41 metres (134 feet) on Mountain Road. Parking has historically been at the front and side of the building with no separation from the two abutting streets. The adjacent property to the south of the site on Mountain Road contains a professional office, while the properties on the opposite sides of Mountain Road and Westmorland Road, as well as the properties beyond the professional office, are residential. Proposal The applicant now wishes to change his liquor licence to a Lounge licence. The Zoning By -law treats a lounge as a different use than a restaurant (even if food is available), because the sale of alcoholic beverages in a lounge is not tied in any way to the sale or availability of meals. A lounge is not and never was a permitted use in the `B -1" Local Business zone. Even in zones where lounges are permitted (other than the `B -3" Central Business zone), they are subject to minimum separation requirements from churches, schools, residential zones and other lounges. The subject site does not meet these minimum separation requirements because it is directly across the street from a residential zone and less than the required 300 metres (985 feet) from another lounge (located in the adjacent Westmorland Plaza). Megamark Inc. Page 4 557 Westmorland Road February 22, 2008 The applicant has therefore requested that the subject site be rezoned from `B -1" Local Business to a special zone, to be called "SZ #23" Special Zone #23. The proposed special zone is exactly the same as the present `B -1" zoning in terms of permitted uses, conditional uses and zone provisions, except that the proposed special zone would also permit a lounge without regard to any separation requirements. The proposed zone provisions are attached. The attached site plan and floor plan illustrate the applicant's proposal. In addition to the interior renovations, the applicant intends to construct a small addition onto the back of the building and create a new 18- vehicle parking area off Mountain Road. The existing parking facilities along the front and side of the building are also proposed to be retained. The applicant indicates that the reason he wishes to change to a Lounge licence is "to increase revenue and provide employment." Although not mentioned in the application, Planning and Development is aware that the recently announced changes to provincial regulations regarding video lottery terminals (VLTs) will result in the removal of VLTs from establishments with a Dining Room licence in 2009. Proposed Rezoning The Zoning By -law's separation requirements are designed to reduce the negative effects of licensed drinking establishments on nearby residential neighbourhoods and on places where children and youth would be present in large numbers, as well as to prevent an over - concentration of drinking places in one area. Parking, traffic, safety and noise associated with the developments, as well as specific undesirable behaviour of some patrons, are the main factors that cause a concern. Occasionally, exceptions to the separation requirement may be deemed appropriate on the basis of specific characteristics of the commercial area and /or the specific proposal. The Zoning By -law has been amended a number of times in this regard. Although staff did not support all of the previous "exceptions ", those approved were deemed appropriate by the Committee and /or Council, mostly on the basis of some physical or topographic barrier or their location within a larger shopping centre development or commercial corridor. Such exceptions, however, are not routine and should not affect the overriding principle of separation of non - compatible uses. The subject site is at the edge of a Regional Centre, but is also adjacent to and part of a residential neighbourhood. Although the proposed size of the establishment would tend to have less impact than, say, a large lounge operation that functions more as a night club, it is difficult to ensure that this continues to be the case over time (even with a small lounge) and, hence, the By- law has a separation requirement. Section 39 conditions could be imposed to limit the size, hours of operation and types of entertainment to be provided (even prohibit an Entertainment licence completely, for that matter.) While such conditions may provide a measure of control over what happens within the facility, they do not necessarily prevent problems outside. This property, in 97 Megamark Inc. 557 Westmorland Road Page 5 February 22, 2008 particular, could be prone to such problems due to its size, layout, access and interrelationships with adjoining properties. Given the above observations, there does not appear to be any substantial justification for making an exception to the separation requirements for lounges in this situation. CONCLUSION: The proposal to permit a lounge at this location is not consistent with the City's policy that requires a minimum separation distance from schools, residential areas and other lounges. There is currently no standard zone (other than the central business area) that permits such an arrangement, and therefore a special zone would be necessary. The fact that the subject site is on the edge of the Regional Centre is, in staff's opinion, not a sufficient extenuating circumstance to justify an exception in this case. The potential impact on the residential neighbourhood, in particular, is of concern. In addition, the characteristics of the subject site and its relationship to its immediate area are not conducive to the establishment of a lounge at this location. Therefore, it is recommended that the application be denied. RGP /r Project No. 08 -042 M PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT r ` • � ` �A 1 \ +`\ 11 e .` ty \ \ s $). r ` \ en j 1 r • •` / $' <�; ' '1 ` _� - -'+�� ICJ D Y7 p ♦ 40 , \ \ +1� `. \ \ ♦ r. \ 1 PID(s) /NIP(s): Subject Site /site en question: N ? . �. 00308163 f Location: 557, chemin Westmorland Road Date: January 30 janvier 2008 Scale /echelle: Not to scale /Pas a Mchelle 99 Zi H 3 A 'P QN OWIV or o� f i .z�eor awp#md N � � I I1 � � .1J r i i a 0 N npN W N � b � d l� WOMEN j N I I i 104.0' 0 a Z O N ^ N M Ov 0 IL 0 H I NOTE::: All Construction to be Carried Out in Accordance With all Federal And Local Building Codes. It is the Responsibility of the Builder to Check all Dimensions and Report any Errors or Omissions to the Owner Before Construction. EXISTING RETAIL STORE Concrete Walk MAIN FLOOR PLAN � F, jt ae:: I Sae;: MEGAMART Inc 01/08 Ij V = 6'-0-1 cocomi: 557 Westmorland Rd R.B. SHEPHAJRD Saint John N.R. 101 <-- 66" 29'- 4' 0 ! skylt, iA) L LL WIR", [WIR WIR L�W/R r ir RcnwMe Existing Wall Sectioi �A �A 1 J- 323 Sq.Ft. 25 People- D G Q DI C1 Q LEr;PEND::::: I,kw Exterior 2"x 6" Walls o New Interior 2" x 4" Walls Existing Exterior Walls Existing Interior Walls 55665MM? Existing Concrete Walls New 8" Concrete Walls NOTE::: All Construction to be Carried Out in Accordance With all Federal And Local Building Codes. It is the Responsibility of the Builder to Check all Dimensions and Report any Errors or Omissions to the Owner Before Construction. EXISTING RETAIL STORE Concrete Walk MAIN FLOOR PLAN � F, jt ae:: I Sae;: MEGAMART Inc 01/08 Ij V = 6'-0-1 cocomi: 557 Westmorland Rd R.B. SHEPHAJRD Saint John N.R. 101 BY -LA W NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 110 - ARREA MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du Conseil John in Common Council convened, as communal, The City of Saint John a follows: decrdt6 cc qui suit : The Zoning By -law of The City of Uarretd Sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decr6t6 le dix -neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifid par: 1. Adding the following to the list of 1. L'adjonction de ('element suivant ii la zones in Section 30(1): liste de zones du paragraphe 30(l): "special zones SZ -23" ((zones sp6ciales SZ -23 » 2. Adding the following as Section 740(23): "Special Zone #23 S( Z #23) a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: a lounge; all uses permitted in Section 510(1)(a), subject to any applicable conditions contained in Section 510(2); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: - all uses permitted in Section 510(1x6), subject to any applicable conditions contained in Section 510(2); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone 923 shall be as set out in Section 510(3), and Section 810 to 910 where this zone shall be considered a "B" zone, a "B -I" zone, or a business zone, as the case may be." 3. Rezoning a parcel of land with an area of approximately 1860 square metres, located at 557 Westmorland Road, also identified as being PID No. 00308163, from "B -I" Local Business to "SZ -23" Special Zone 423 2. L'adjonction du paragraphe 740(23) qui se lit comme suit: a Zone speciale n° 24 (SZ#23 a) Usases Tout terrain, batiment ou structure ne peut titre affect6 : i) qu'aux utilisations suivantes un salon -bar; toutes les utilisations permises en vertu de I'alin6a 510(lxa), sous reserve des conditions stipul6es au paragraphe 510(2); ii) qu'aux utilisations suivantes, sous reserve des conditions imposdes par le comite : - toutes les utilisations permises en vertu de Palinea 510(lxb), sous reserve des conditions stipuldes au paragraphe 510(2); iii) sous reserve de ['article 830, qu'a une utilisation auxiliaire ou accessoire liee a une utilisation, un batiment ou une structure permis dans cette zone. b) Normes de zone Les normes d'am6nagement dans la zone speciale n° 23 doivent titre conformes aux dispositions du paragraphe 510(3) et des articles 810 A 910, et la zone en question doit titre consideree en tant que zone « B », zone « B- I » ou zone Commerciale, selon le cas. » 3. Modification du zonage d'une parcelle de terrain d'une superficie d'environ 1860 metres carrds, situ6e au 557, chemin Westmorland, et portant le NID 00308163, de zone Commerciale locale u B -1 » a zone speciale n° 23 « SZ -23 102 - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2008, avec les signatures suivantes : Common Clerk/Greffler communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 103 February 10, 2008 DE 2L:V3 Planning Advisory Committee / City of Saint John f P.O. Box 1971 Saint John, NB O'PSAVO E21, 4L1 Dear Sir or Madam: PROPOSED ZONING BY -LAW AMENDMENT 557 WESTMORLAND ROAD I have been a resident of this address for over 41 years and have seen many changes that have taken place in this area. I have been under the impression that this is a residential area. The last thing that is needed here is a lounge. We have a problem here with break -ins. According to the police our homes are being watched throughout the day and now we have to worry about strange cars parked at the back of this building late into the night. How are we to know whether these are patrons or people up to no good? There is also a problem with the extra noise late at night. I am sure there will be slamming of car doors, loud talking, foul language and squealing of tires. We all know that some people act rudely when they have had a few drinks Also, what about any music that may be played inside the building? Are the windows and doors going to be kept closed? Right now I am having a problem with the music and loud voices coming fro in the businesses in Westmorland Place. When the weather gets better their clients move outside at the back of the building and I can't enjoy my back yard. In the summer I have to keep my back windows closed at night and can't get a cross draft on very warm nights. If this proposal goes through I will have to keep the front windows closed as well. I will feel I am being held a prisoner in my own home. It seems to me we have enough lounges and drinking establishments in this area (Westmorland Place, Parkway Mall, Golden Grove Road) why do we need another. I work one night a week and if the weather is good I will walk home.. I will not feel very safe walking past this building if these changes are made. It has been bad enough that sometimes the young people hang out at the back of the building. Do we need the extra traffic onto Mountain Road? It has surprised me that there have not been more accidents than there have been over the years. 104 Finally, the old chestnut that comes up whenever a major change maybe in the works. PROPERTY VALUES. Over the last few years the values have been going up and someone has been getting some benefit from the extra taxes that have been paid. I am getting near retirement age and the thought has crossed my mind that if I should sell I might do all right. But, if a lounge is allowed to be established in this building who will want to buy a house so close to it. There goes our nice , fairly quite neighourhood. Thank you for reading this letter and I hope that my concerns are taken into consideration. Linda Dunbar 6 Mountain Road Saint John, NB E2J 2W8 633 -6899. 105 From the desk of: DOU.oLcls R. MONeUt 5 MOu(KUtn RoCta SCG'-tJohw, NS s2 2W7 (506) 633 -3022 February 14th, 2008 Planning Advisory Committee RECEIVED City of Saint John Post Office Box 1971 Saint John, NB E21, 4L1 i TO WHOM IT MAY CONCERN:- A I have been a tax paying home owner in the Forest Hills s nt John for over 25 years and have enjoyed the peace and quiet of Mountain Road. When I received the news that the new owners of Forest Hills Grocery & Variety and Pizza Shack have asked that their property be rezoned so that a Lounge be included, I was completely appalled. With the ongoing development that continues to occur on the other side of McAllister Drive, these past few years, I can only imagine the ongoing traffic congestion. At the same time, with traffic turning onto the newly surfaced Mountain Road, there is potential for accidents to occur. It is extremely difficult and stressful to exit Mountain Road, at the best of times. Do we want, and do we need another set of lights on Westmorland Road? I think not! Imagine what it would be like having a lounge so close to a residential area; as a homeowner living in close proximity to this establishment and one who has continued to make improvements to my property, this would not sit well with me. In the interest of peace and quiet, I ask that this proposed re- zoning by -law be turned down. I believe we have enough space for lounges, etc. in the area where the present re- development is taking place without having such an establishment side by side with family dwellings. Thank you Doug R. cNe' pc: Mayor Norm MacFarlane Mr. Ivan Court Mountain Road Neighbours 106 sJ � cl�L�Y� REC a Ft =9 'Ic_; 46 -'rte / .v 7 Ac . ' nUz /(.mil' G'•� -vt CLt�� -r�r� � �',� ci 107 ..fie- �-e -� 2 �� Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John NB EM 4L 1 WEIVED Q FED 21 NO This letter is in regards to the proposed lounge licence being amended by Forest Hills Grocery and Variety and Pizza Shack. We live on Braemar Drive and we are strongly against this new zoning. The addition of a lounge that holds 25 people and the addition of 18 parking spaces create a lot of extra noise in our neighborhood, not to mention people coming and going at all times of the night, as he will be open late hours. We need a store that closes at 11:00pm and not a lounge that closes at 02:00am, in order not to hear noise all night long. The Forest Hills Store has always been , at least the last 22 years that we have lived here, been known as a friendly neighborhood store, not a lounge for late night drinkers to hang around and create noise and possibly create late night problems which is usually alcohol related bringing related violence. Children from the neighborhood visit this store every day and school children from Forest Hills School walk to this store, it's not a good plan at all to have a lounge attached to a neighborhood store. Children don't need to be exposed to this kind of establishment until they are older. This type of establishment tends to create a place where lounge patrons just hang around to put in time. These lounge patrons should not be hanging around where children visit on a regular base. Our neighborhood children are also looking a place to visit, the two just don't mix and besides we already have a lounge close by (but not amongst neighborhood houses), and that is Jake's Steakhouse and Pub at 535 Westmoreland Road and another BowTies at 535 Westmorland Road. We are a part of a neighborhood not a business district. Lets stick to creating a safe environment for our community and most of all for neighborhood children and children from the near by Forest Hills School Thank You, Dave & Valerie MacFawn 1 Braemar Drive _ Saint John, NB EM 2T5 109 February 20, 2008 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Attn: Mr. Randall G. Pollock, MCIP, Planner RE: Proposed Zoning By -law Amendment 557 Westmorland Road 9 0 & D �� F CrjV � FFa A2 21 s re� , 0 13 Dear Sir: BRA I am a long time resident of Forest Hills and live close to the Forest Hills Grocery & Variety and Pizza Shack. As a resident and property owner in the area, I am not comfortable with the idea of permitting a lounge at 557 Westmorland Road. I did visit "Addy" at the store one day to voice my concern about the rezoning. There are already two lounges operating only a stone's throw from the grocery store — Jakes Steak House & Pub, and Bow Tie Lounge. In my opinion we don't really need a third one, even though Addy tells me that his lounge will close at 1 Ipm, the same time he closes up the store. Proposed parking behind the store, I feel, will be too close to residential buildings on Mountain Road. Traffic coming down the Westmorland Road hill is already a hazard for vehicles going into and coming out of the store parking lot. Mountain Road traffic will be the same problem if more parking is allowed behind the building. I also have a concern about the likelihood of drivers looking for a parking space on Braemar Drive when the allotted spaces at the lounge are full. Thank you for your letter to inform me of the proposed zoning by -law amendment and I appreciate having the opportunity to voice my concerns. I wish "Addy" only the best with the present facility that he operates, but my personal opinion is "NO" when it comes to adding a lounge and extension to the building and parking lot. Sincerely, Joan Hooper 8 Braemar Drive Saint John NB 110 62/26/2008 18:14 5066330863 THORN PAGE 02 By FAX 26 February 2008 lvi RECEIVED FEB 26 9,SAI David :& Sonia Thorn 21 Motley Crescent Saint John NB E2J 2X5 Mayor and Councilors City of Saint John NB Proposed Zoning By -law Amendment 557 Westmoreland Road We are opposed to the above Amendment on the gtounds that 1. Consumption of alcoholic beverages 2. Slot machine gaming 3. Increased traffic and parking problems are undesirable in the community in which we reside. We already have problems with youths "partying" in the area opposite the Forest Hills Store, on the recreational land between Morley Crescent and Glengarry Drive, Police have been called to investigate these problems on numerous occasions. We ask you to reject the proposal and to encourage the Forest Hills Store serve the public in the manner for which it was always intended. Thank you for your attention. David & Sonia Thorn 4ult a, 111 Application for a Zoning By -law Amendment aioi Muni uIPca Picts AA t+ +- Demande de modification a Parretti sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur 1A Mailing Address of applicant / Addresse postale du demandeur k SCI / /i t "T b A h �' Postal Code /Code postal 6.2z- Y5,3 Telephone Number / Numdro de tdldphone 6 - 3 3 :3 %05 Home / Domicile Work / Travail Fax Number / Numdro de tdldoopieur 6'00 L) 165 .5V& _673.3 /Z ;__Y Name of Property Owner (if different) / Nom du propridtaire (si different) cc ✓C 5 di r (e I __�j o Lt C --t. Address / Adresse 10 Sl Te r,N(- S ST Postal Code /Code postal Property Information / Renseignements sur la propriete Location / Emplacement /6 lo S tJ0,41 e5 of l q? 5 Lot Area / Superficie du lot Civic # / No de voirie Street / Rue Street Frontage / Facade sur rue PID / NIP Existing Use of Property / Utilisation actuelle de la propridtd .2 U n ,,e4S Municipal Plan land Use Designation M EDt tnM Dc-?,;L iTY R C s 10 EQ T1 L Ddsignation de utilization des terres sur le plan municipal 9k',,U%1ZeS g901rsI ;-PIA iI .,l —,0 "AfPl4),,,LY) (:,)A DLN T ' Amendment Requested / Modification demandee Present Zoning / Zonage actuel 1` A'1 / F l Change Zoning to / Modification du zonage A t)l me rc +, a and/or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les ddtails) 112 Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition yn Ct In ' n 2 - a'n 1, /sties rirzue z`o a Ad /eo se 2^-d -/ 3i61 4 oo rs i -gym L %v-6 tui t k� :Q d- rsd�ncp, c� /5� QSSErt r, tins and doe--, P,4 4�r�.dfL `�,QId7 u« c111e-4-1 -lljx '�'`� ' eve a,�'ll You must provide a scaled site plan that illustrates Vous devez fournir un plan du site a 1'echelle illustrant votre your proposal. You may also provide proposition. Vous pouvez egalement fournir des -sue ec /ovse photographs, building plans, elevation drawings photographies, des plans de bdtiment, des dessins de plan n and any other form of information. The plan must d'elevation et toule autre forme de renseignement. Le plan show the dimensions of the property, the location doit indiquer les dimensions de la prop,-!W, 1'emplaeement de (rVrk �m;1y of all buildings, driveways, parking areas, la totalite des b6timents, des allees, des acres de landscaping and signs. It is important that the stationnement, des atnenagements paysagers et des panneaux P/16 -5 -0 y distance between the property boundary and de signalisation. Il est important dindiquer la distance entre ✓ buildings are shown. les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernaat votre proposition qui pourrait titre approuvees. PD p I7ll t-r-o u t,d e d /. e . A&'6 J liar -,( . S� f tra 'f t cr-rti �'rn � � (d /^C1 e �rc•t��- n-q fo � �I c.vn s S S y�-.�t_.c�'` %� /✓v c4 mac; e-o IV /W he a Cale. Innrte- Provide any other information about your proposal that would be helpfuL / Fournir tout autre renseignement concernant votre proposition qui pouriait titre utile. p Q 1 f ,P. a y� > y ` a� // h.o cl se nrn lil don s o &f- Gar � cwnk- IY7!a/ dm.d �_ A/ 'U. -r-.A v%Oi -Y . 71W.��. iiO.S -GIIC 6WCPa_ (Mel `t' auj- et- t-P64-'UIIW-O r , h .� '- L. n .,� /✓I J --4� Y-ILP_ nn A /< i A, LA -4r-AM U—I -Ai'a L >< S U �� Signature of Applicant / Signature du demandeurr.. Date r ` o fe rn 6 -.ef✓ 20, 2yo ,� $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ If you are not the owner of the land in question Si vows n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la pantie the owner is authorizing this application to proceed ei- dessous. La signature du proprietaire autorisant le for consideration by Common Council. traitement de la presente demande pour que Bette derniene soit examinee par le Conseil communal. Signature of Owner (if applicable) k) Z 3 L '! Signature due propridaire (s'il y a lieu) Date: 113 mis.ca - Property Details 072814 /;/ w-- o 2e� (, / Page 1 of 2 MLS®: 072814 For Sale:$234,500 Real Estate Type : Single Family Building Type : House Bedrooms :4 Bathrooms :2 Bathrooms :0 (Partial) : 12.4X12.6 Interior Floor : 2400 sqft Space : 15.7X15.6 Storeys :3 Land Size : 6000 SQFTjunder 1/2 acre Location : 10 ST.JAMES ST Laundry room SAINT JOHN, NB E2X 1T9 General Description Standing proud since the 1870's, this winderful home still stands watch over water vessels entering our city harbour. A combination of today's living blends with the charm of yesteryears features makes this home a must to view for those craving uptown living. High ceilings, rope mouldings on door frames, working fireplace, large foyer and the generous size rooms mix well with the open concept kitchen /familyroom with patio doors to deck to view the cruise ships coming and going. 2 full baths with whirlpool tubs, 4 bedrooms up, large laundry room, thermo pane double hung windows, new oil tank, tar & gravel roof only 15 yrs old and as a plus -off street parking plus a 2- bedroom apartment for extra income. All information to be verified by purchaser prior to closing. Property', Access : Year -round access Structures : Deck F Building Building Type : House Flooring : Hardwood Interior Floor Space : 2400 sgft Storeys :3 Style : Detached r Rooms Other Kitchen :14.6X14.6 Family room : 13.5X14.6 Living room : 16.3X16.2 Other : 12.4X12.6 Foyer : 11.2X17.7 Master bedroom : 15.7X15.6 Den : 11.11X12.9 Bedroom :8.9X10.1 Bedroom :17.3X13.3 Laundry room : 15.9X5.6 Bath (# pieces 1 -6) :8.4X10 Heating Heating Fuel : Electricity Heating Type : Not known Oil Not known Baseboard heaters LLand] Land Size : 6000 SQFTlunder 1/2 SUE FULLER Salesperson Sales Person Telephone: 506 - 333 -7866 Fax: 506-642-7770 EXIT REALTY SPECIALISTS (S181) 550 Somerset Street, Suite 200 Saint John, New Brunswick Telephone: 506 - 642 -3948 Fax: 506 - 642 -7770 http: / /www.mis.ca/PropertyDetails .aspx ?vd= &Searc�b'RL = %3 fMode %3 d5 %26id %3dO7... 11/22/2007 Page 1 of 1 http: / /images.mis.ca /listings /reb84/highres /4/72814 llj6 11/22/2007 is �.'._ Z� January 21, 2008 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment —10 St. James Street A Public Presentation was made on December 17, 2007 of a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A and 2 -C, a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485 from Medium Density Residential to Approved Commercial Development classification to permit the establishment of a business office within the existing building as requested by Berthe Hatt. The required advertising has been completed, and attached you will find a copy of the application, public notice and insertion order of the proposed municipal plan amendment. No written objections to the proposed amendment have been received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, March 3, 2008 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Respectfully submitted, Elizabeth Gormley Assistant Common Clerk Attachment SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 116 PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 10 ST. JAMES STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 3, 2008 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485. 2. Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "r) a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485." 3. Rezoning the same parcel of land from "RM- IF" Multiple Residential Infill to "B -2" General Business, REASON FOR CHANGE: To permit the establishment of a business office within the existing building. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET: 10, RUE ST. JAMES Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'am6nagement municipal et Parret6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 3 mars 2008 a 19 h, en apportant les modifications suivantes : 1. la reclassification, a Pannexe 2 -A et 2 -C du plan, d'une parcelle de terrain d'une superficie d'environ 590 metres carr6s, situ6e au 10, rue St. James, et portant les NID 00001735 et 55061485, de zone residentielle de densite moyenne a zone d'amenagement commercial approuve. 2. 1'ajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuv6s a Falin6a 2.4.6.28: r) une parcelle de terrain d'une superficie d'environ 590 metres carr6s, situ6e au 10, rue St. James, et portant les NID 00001735 et 55061485. » 3. la modification du zonage de la parcelle de terrain pr6cit6e pour la faire passer de zone d'edification de logements multiples sur terrain intercalaire o RM -IF » a zone commerciale generale « B -2 ». RAISON DE LA MODIFICATION: Permettre Pamdnagement d'un bureau d'affaires a 1'int6rieur du batiment existant. Toute personne intdressde peut examiner les modifications propos6es au bureau du greffier communal ou au bureau de 1'urbanisme et du d6veloppement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Written objections to the amendments may be sent Veuillez faire part de vos objections aux projets de 117 to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 modification propos6s par 6crit a 1'attention du soussigne a 1'h6tel de ville. J. Patrick Woods, greffier communal 658 -2862 iMF:3 PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 10 ST. JAMES STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 3, 2008 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485. 2. Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "r) a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485." 3. Rezoning the same parcel of land from "RM -IF" Multiple Residential Infill to "B -2" General Business. REASON FOR CHANGE: To permit the establishment of a business office within the existing building. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRRTE SUR LE ZONAGE OBJET: 10, RUE ST. JAMES Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'amenagement municipal et 1'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 3 mars 2008 a 19 h, en apportant les modifications suivantes : 1. la reclassification, a 1'annexe 2 -A et 2 -C du plan, d'une parcelle de terrain d'une superficie d'environ 590 metres carr6s, situ6e au 10, rue St. James, et portant les NID 00001735 et 55061485, de zone risidentielle de densiti moyenne a zone d'aminagement commercial approuvi. 2. Fajout de la parcelle de terrain suivante a la liste des amenagements commerciaux approuves a l'alinea 2.4.6.28 : r) une parcelle de terrain d'une superficie d'environ 590 metres carres, situ6e au 10, rue St. James, et portant les NID 00001735 et 55061485. » i §&61 3. la modification du zonage de la parcelle de terrain pr6cit6e pour la faire passer de zone d'6dification de logements multiples sur terrain intercalaire « RM -IF » a zone commerciale g6n&rale « B -2 ». RAISON DE LA MODIFICATION: Permettre 1'am6nagement d'un bureau d'affaires a l'interieur du batiment existant. Toute personne int6ress6e peut examiner les modifications propos6es au bureau du greffier communal ou au bureau de 1'urbanisme et du d6veloppement a Fh6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ries. Veuillez faire part de vos objections aux projets de modification propos6s par 6crit a ]'attention du soussign6 a 116tel de ville. J. Patrick Woods, greffier communal 658 -2862 iIWel City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office Account # 71206) Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, February 5, 2008 Tuesday, February 26, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal © Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 121 January 30, 2008 Ms. Berthe Hatt P.O. Box 6895 Saint John, NB E2L 4S3 Dear Madam: At a meeting of the Common Council, held on January 21, 2008, the following resolution was adopted, namely:- "RESOLVED that the proposed Municipal Plan By -law Amendment regarding 10 St. James Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on Monday, March 3, 2008 at 7:00 p.m. in the Council Chamber." Enclosed is a copy of the Public Notice in this regard. Yours truly, —Z?4 Elizabeth Gormley Assistant Common Clerk EG /slc Enclosure %- SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 ( www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 122 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 10 ST. JAMES STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485. 2. Add the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "r) a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, December 17, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land from "RM -IF" Multiple Residential Infill to a business zone, and the subsequent establishment of a business office within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by January 16, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 10, RUE ST. JAMES Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John a 1'intention d'etudier la modification du plan d'am6nagement municipal comme suit: 1. la reclassification, a 1'annexe 2 -A et 2 -C du plan d'une parcelle de terrain d'une superficie d'environ 590 metres carr6s, situ6e au 10, rue St. James, et portant les NID 00001735 et 55061485, de zone residentielle de densite moyenne a zone d'amenagement commercial approuve. 2. Pajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuv6s a Falin6a 2.4.6.28 : r) une parcelle de terrain d'une superficie d'environ 590 metres carr6s, situ6e au 10, rue St. James, et portant les NID 00001735 et 55061485.)) Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 17 decembre 2007 dans la salle du conseil, au niveau du hall d'entr6e, a 116tel de ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain afin de faire passer la designation s'y rapportant de zone d'edification de logements multiples sur terrain intercalaire o RM -IF » a une zone commerciale, et permettre Famemagement d'un bureau d'affaires a l'interieur du batiment existant. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 16 janvier 2008 a 1'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de Purbanisme et du developpement a l'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. J. Patrick Woods, Common Clerk J. Patrick Woods, Greffier communal 123 City of Saint John P. O. Box 1971 Saint John, N.B. EM 4L1 658 -2862 City of Saint John C. P. 1971 Saint John, N. -B. EM 4L1 6582862 124 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 10 ST. JAMES STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485. 2. Add the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "r) a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, December 17, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land from "RM -IF" Multiple Residential Infill to a business zone, and the subsequent establishment of a business office within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by January 16, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk City of Saint John P. O. Box 1971 Saint John, N.B. E2L 4L1 658 -2862 ------------------------------------------------------------ - - - - -- PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 10, RUE ST. JAMES Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a 1'intention d'6tudier la modification du plan d'am6nagement municipal comme suit: 1. la reclassification, a 1'annexe 2 -A et 2 -C du plan d'une parcelle de terrain d'une superficie d'environ 590 metres carr6s, situ6e au 10, rue St. James, et portant les NID 00001735 et 55061485, de zone residentielle de densite moyenne a zone d'amenagement commercial approuve. 2. Fajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuv6s a Falin6a 2.4.6.28: r) une parcelle de terrain d'une superficie d'environ 590 metres carrels, situde au 10, rue St. James, et portant les NID 00001735 et 55061485. » 125 Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le lundi 17 decembre 2007 dans la salle du conseil, au niveau du hall d'entree, a 1'h6te1 de ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain afin de faire passer la designation s'y rapportant de zone d'edification de logements multiples sur terrain intercalaire « RM -IF » a une zone commerciale g6nerale « B -2 », et permettre 1'amemagement d'un bureau d'affaires a l'interieur du batiment existant. Veuillez faire part au conseil par ecrit de vos objections au projet de modification au plus tard le 16 janvier 2008 a 1'attention du soussigne. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de l'urbanisme et du d6veloppement a 116tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. J. Patrick Woods, Greffier communal City of Saint John C. P. 1971 Saint John, N. -B. E2L 4L1 i101.1 November 27, 2007 / 27 novembre 2007 Ms. Berthe Hatt PO Box 6895 Saint John, NB E2L 4S3 Dear Madam: Re: 10 ST. JAMES STREET Monsieur, Madame, Objet: 10, RUE ST. JAMES Enclosed is a copy of the Public Vous trouverez ci- annexee une copie de Notice regarding a proposed I'avis public relatif a une modification Municipal Plan amendment for envisagee au plan municipal en vue de la redesignation of the above redesignation de la propriete ci- dessus. property. Following the date for the receipt of objections, namely, January 16, 2008, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee. Yours truly, Apres la date de reception des objections, c'est -a -dire le 16, Janvier, le Conseil communal pourrait autoriser la publication des avis necessaires en vue de I'audience publique et demander les opinions du Comite consultatif d'urbanisme. Veuillez agreer, Monsieur, Madame, ('expression de nos sentiments distingues. Elizabeth Gormley Assistant Common Clerk / Greffiere communal adjointe EG /mjs encl. 127 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, December 4, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice p Tender ❑ Proposal © Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 iM -11 A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW AKKETIK N- C.P. 105 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Be it enacted by The City of Saint Lors dune r6union du conseil John in Common Council convened, as communal, The City of Saint John a 6dict6 follows: ce qui suit : The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485, from Medium Density Residential to Approved Commercial Development classification; 2 Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "r) a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485." - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor /Maire L'arr&6 relatif au plan municipal de The City of Saint John d6cr&6 le 3 janvier 2006 est modifi6 par: 1 la modification de 1'annexe 2 -A et 2 -C, relative au plan d'utilisation future des terres, afin de faire passer la designation d'une parcelle de terrain d'une superficie d'environ 590 metres carr6s, situ6e au 10, rue St. James, et portant les NID 00001735 et 55061485, de zone r6sidentielle de densit6 moyenne a zone d'am6nagement commercial approuv6; 2 1'ajout de la parcelle de terrain suivante a la liste des am&nagements commerciaux approuv6s a 1'alin6a 2.4.6.28: r) une parcelle de terrain d'une superficie d'environ 590 metres carrels, situee au 10, rue St. James, et portant les NID 00001735 et 55061485. » - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arr&& EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr8t6 le 2008, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485, from "RM -IF" Multiple Residential Infill to `B -2" General Business - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a d6cr&6 ce qui suit : L'arret6 sur le zonage de The City of Saint John, d6cr&6 le dix -neuf (19) d6cembre 2005, est modifi6 par: 1 La modification de 1'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 590 metres carr6s, situ6e au 10, rue St. James, et portant les NID 00001735 et 55061485, de zone d'6dification de logements multiples sur terrain intercalaire RM -IF » a zone commerciale g6n6rale B -2 » - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arr8t6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2008, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premi6re lecture Second Reading - Deuxi6me lecture Third Reading - 130 Troisi6me lecture February 27, 2008 Your Worship and Councillors: SUBJECT: 10 St. James Street Municipal Plan and Zoning By -law Amendment On January 21, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 26, 2008 meeting. Ms. Berthe Hatte attended the meeting and addressed the Committee in support of the application and noted that she was in agreement with the recommendation in the attached report. No other persons attended the meeting and no letters were received. After considering the report and presentation, the Committee adopted the staff recommendation as set out below. RECOMMENDATION: 1. That Common Council amend the Municipal Plan by: a. redesignating on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485; and b. adding the following to the list of Approved Commercial Developments in Section 2.4.6.28: "r) a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485 ". 2. That Common Council rezone the same parcel of land from "RM -IF" Multiple Residential Infill to `B -2" General Business. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485, be subject to the following conditions: 131 Planning Advisory Committee Page 2 February 29, 2008 a. That the non - residential use of the property be restricted to a business office within the existing building. b. That vehicular access to the site be restricted to a single commercial access meeting the requirements of the Zoning By- law. c. That the Developer must pave all access, manoeuvring and parking areas with asphalt. d. That paved areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage. e. That adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. f. That all developed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the City street right -of -way to the edge of the street curb /sidewalk. g. That the site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above. The approved site plan must be attached to the building permit application for the development. h. That all site improvements shown on the approved site and drainage plans must be completed within one year of building permit approval. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08 -006 132 DATE: FEBRUARY 22, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 26, 2008 Sarah Herring, MCIP Planner SUBJECT: Name of Applicant: Berthe Hatt Name of Owner: Berthe Hatt Location: 10 St. James Street PID: 1735 and 55061485 Municipal Plan: Existing: Medium Density Residential Proposed: Approved Commercial Development Zoning: Existing: "RM -IF" Multiple Residential Infill Proposed `B -2" General Business Proposal: To establish and operate a business office in the existing two - family dwelling Type of Application: Municipal Plan and Zoning By -law Amendment JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and 133 Berthe Hatt 10 St. James Street Page 2 February 22, 2008 Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, March 3, 2008. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council amend the Municipal Plan by: a. redesignating on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485; and b. adding the following to the list of Approved Commercial Developments in sub- section 2.4.6.28: "r) a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485 ". 2. That Common Council rezone the same parcel of land from "RM -IF" Multiple Residential Infill to `B -2" General Business. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485, be subject to the following conditions: a. That the non - residential use of the property be restricted to a business office within the existing building. b. That vehicular access to the site be restricted to a single commercial access meeting the requirements of the Zoning By -law. c. That the Developer must pave all access, manoeuvring and parking areas with asphalt. d. That paved areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage. 134 Berthe Hatt 10 St. James Street Page 3 February 22, 2008 e. That adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. f. That all developed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the City street right -of -way to the edge of the street curb /sidewalk. g. That the site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above. The approved site plan must be attached to the building permit application for the development. h. That all site improvements shown on the approved site and drainage plans must be completed within one year of building permit approval. BACKGROUND: The subject site has long been used for a variety of non - residential uses according to city directories. Prior to 1968 it was used as an automobile radiator repair shop, from 1969 to 1970 an electrical repair shop was in the building, and during the 1970's the main floor was occupied by an auto repair shop, a bicycle repair shop, and a furniture upholstering shop. This latter use was listed in the city directories until 1986. Although the city directories list no commercial use at 10 St. James Street in 1987 and 1988, an applicant and a realtor listing the property both stated that it was being leased to a man who did body work on cars during that time. None of these uses conform to the "RM -1" Three Storey Multiple Residential zoning of the property during that period. The Planning Advisory Committee, at its meeting of September 19, 1989, approved an application to change the non - conforming use at 10 St. James Street to a wood working and furniture refinishing shop, with the following conditions: 1. that the operation be restricted to two employees, 2. that the operation be restricted to the hours of 8:00 am to 5:00 pm Monday to Friday, 3. that no retail sales of manufacturing be permitted, 135 Berthe Hatt 10 St. James Street 4. that the use be restricted to the interior of the building, 5. that a dust collector and spray booth with filter be installed, Page 4 February 22, 2008 6. that the word area be vented in accordance with the requirements of the Department of Environment, and 7. that the operation be restricted to the ground floor. The building is currently being used as a two - family dwelling, and the three car garage previously attached to the east side of the building (and used for the variety of non - conforming uses) has been removed. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objections to the proposed Municipal Plan and Zoning By -law Amendments. A City water metre must be installed following the change of use. Municipal Operations and Engineering understands that only four parking spaces are required and five are presently available on the site. Municipal Operations and Engineering also understands that Planning does not agree with the current parking alignment and that a different layout will be discussed with the applicant. Building and Technical Services advises that the change of use will require that the building be upgraded to meet Building Code requirements. Saint John Transit offers bus service on their South End route in close proximity to this location and has no concerns with the application. Fire Department has no objection to this application; however, the applicant is reminded that construction shall conform to the National Building and Fire Codes and that plans will have to be submitted to the Technical and Inspection Services Division of the Department of Public Safety for the Province of NB. Some areas of concern within the National Building and Fire Codes include: a) fire separations within the building b) access and egress paths (rear exit stairs in particular) c) requirement for fire extinguishers d) requirement for a fire alarm system e) emergency lighting 136 Berthe Hatt Page 5 10 St. James Street February 22, 2008 f) exit signs throughout g) rated doors and closures As well, a fire safety plan will need to be submitted to the Saint John Fire Department. Saint John Parking Commission has the ability to provide the required number of off - street parking spaces for the intended use. In the Commission's opinion, the parking lot should be developed with one entrance and not have multiple spaces backing onto the street. ANALYSIS: Subiect Site and Neighbourhood The subject site is located at the corner of St. James Street and Canterbury Street in the City's South End. The 590 square metre (6,350 square foot) site currently contains a two - family dwelling and a small gravel parking area on the east side of the building. The site, as mentioned in the Background section of this report, has previously been used for a variety of non - conforming, non - residential uses including an automobile radiator repair shop, an electrical repair shop, a bicycle repair shop, a furniture repair shop, an auto body shop and a wood working shop. It is not known when the use of the building reverted to a multi - family residential use. The surrounding area contains a variety of multi - family residential and non - residential uses. Immediately adjacent to the subject site is a four -unit residential building to the west, the South End daycare to the southwest of the site, and the Dive Shack directly to the south. As well, the block located to the east of the subject site contains the Salvation Army hostel and warehouse, a six - family dwelling and a several vacant lots. The properties directly to the north of the subject site across St. James Street contain a parking lot for the Saint John High School (owned by the NB Department of Education). Several office and warehouse uses are also found in the wider surrounding area, including further east on Ross Street and St. James Street, and further north at the corners of Queen Street and Prince William Street and Germain Street and Queen Street. While this area of the South End is outside of the Uptown Commercial area, it has long contained a mixture of commercial, institutional and light industrial uses. These non - residential uses have developed due to the location of this area adjacent to the industrial and transportation uses of the port lands located across Prince William Street and Lower Cove Loop. Proposal The applicant intends to convert the dwelling unit on the second and third floors of the subject building into an office for the use of Aquila Tours. This conversion will not involve the 137 Berthe Hatt Page 6 10 St. James Street February 22, 2008 renovation of either the exterior or interior of the building as the applicant has indicated that the current layout of the second and third floors as a home fits with the work/family philosophy of the company. The first floor of the building will continue to the rented as a dwelling unit. The applicant has indicated that the existing on -site parking will be suitable for needs of the Aquila Tours office as most clientele walk to the office from the cruise ship dock and four of the company's eight full-time employees live within walking distance of the site. The Zoning By -law requires four parking spaces for the proposed office use, and five parking spaces can be provided to the east of the building. Proposed Amendments The subject property is currently designated Medium Density Residential by the Municipal Plan and is zoned "RM -IF" Multiple Residential Infill. The applicant has requested that the property be redesignated on Schedule 2 -A and 2 -C of the Municipal Plan as an Approved Commercial Development, and that it be rezoned to `B -2" General Business. These amendments, if approved by Common Council, would permit the proposed use. In most areas of the City only a rezoning of the property would be required, as the Municipal Plan's general policies for Medium Density Residential areas do permit a limited range of small and /or neighbourhood- oriented commercial uses (subject, of course, to approval of a rezoning) where deemed appropriate. However, this area of the City is also subject to the more detailed policies of the Central Peninsula Neighbourhood Plan, which do not permit even local or neighbourhood commercial uses in a Medium Density Residential designated area. Rather, they require approval by Common Council as Approved Commercial Developments by means of an amendment to the Municipal Plan, in addition to being rezoned to a business zone. This additional requirement is in place to emphasize that one of the major goals of the Central Peninsula Neighbourhood Plan is to protect and enhance the residential environment of the Central Peninsula neighbourhoods. Municipal Plan Policies for Commercial Uses The policies of the Central Peninsula Plan discourage the introduction of new non - residential uses into the residential neighbourhoods, especially where the parcel in question adjoins residentially designated properties on two or more property lines. While the subject site only touches a residential property along the west side property line, careful consideration should still be given to the redesignation and rezoning of this property. Policy 2.1.4 of the Central Peninsula Plan (incorporated as Section 10.2.1.4 of the Municipal Plan) does provide for such designations, stating as follows: 138 Berthe Hatt Page 7 10 St. James Street February 22, 2008 2.1.4 Where specific commercial developments are proposed for individual parcels of land that require redesignation of the land to a commercial designation, it shall be the policy of the City of Saint John that Common Council may approve such redesignation, subject to the following criteria: a) regard shall be had to the policies contained in Section 2.4.4.5, 2.4.4.6 and 2.4.4.7 of the Municipal Development Plan; and b) the implementing of the rezoning of the land shall restrict the use of the parcel to a specific proposal pursuant to Section 39 of the Community Planning Act. Sections 2.4.4.5, 2.4.4.6, and 2.4.4.7 of the Municipal Plan, referred to in the above -noted policy statement, are the Plan's general criteria for evaluating proposed rezonings for commercial purposes in residentially designated neighbourhoods. These include criteria such as location on an arterial or collector street, limitation on the size of the commercial use, and measures to ensure compatibility with or, at least, minimal impact upon surrounding properties. The subject property abuts both Canterbury and St. James Streets, neither of which are designated as arterial or collector streets by the Municipal Plan. However, the property is located only one block north of Lower Cove Loop, which is an arterial street. The applicant is proposing to use the second and third floors of the existing dwelling for the business office, which appear to have a total of approximately 180.5 square metres of floor area (1,942.8 square feet), well below the Plan's maximum of 1,000 square metres (10, 763.9 square feet) for commercial uses in a residential neighbourhood. Due to the dense pattern of development in this neighbourhood, and the fact that the proposal includes the re -use of an existing building, little can be done in terms of providing additional setbacks or landscaped buffers between the subject site and the adjacent residential use. However, the proposed business office will likely have a minimal impact on the adjacent property, and will certainly have less of an impact than the previous non - conforming uses that were located on the site. Based on the floor area of the proposed business office, and the dwelling unit on the main floor, the Zoning By -law requires a minimum of four on -site parking spaces for the proposed use, and there is an existing parking area adjacent to Canterbury Street which appears to have sufficient room for five parking spaces. The configuration of this parking area is not ideal as all of the parking spaces have access directly from Canterbury Street (rather than from a single driveway), but this will be discussed in a later section of the report. In the past, the Committee has considered similar proposals to rezone residential properties for office uses. The majority of these previous proposals have not been supported by staff due to a number of factors, mainly relating to the nature of the neighbourhood context. Generally, such commercial uses should be encouraged to locate within existing designated commercial areas or nodes rather than being introduced into an established, stable residential block. In the current case; however, this area of St. James Street and Lower Cove Loop seems to function as a transition area between the industrial Port lands along the Harbour and the residential areas of the 139 Berthe Hatt Page 8 10 St. James Street February 22, 2008 South End. In the context of the surrounding neighbourhood, the proposed business office would not be out of place in the current mix of uses and, therefore, the proposed amendments can be supported. However, as is the case with other similar proposals, this rezoning should be subject to Section 39 Conditions limiting the non - residential use of the property to the specific proposal, so that any future changes in the nature of the use will be subject to review. As noted above, a Section 39 resolution is also required by the policies of the Central Peninsula Neighbourhood Plan. Access and Parking As noted above, the subject site (unlike many other residential properties in the Central Peninsula) has a small, gravel off -site parking area. There appear to be approximately five parking spaces in this parking area at present, and the proposed business office and dwelling unit only require four parking spaces according to the provisions of the Zoning By -law. However, the current parking arrangement is not satisfactory as all of the parking spaces appear to be aligned so that each has individual access directly from Canterbury Street (rather than from a common driveway). The Zoning By -law requires that access for commercial purposes be located a minimum of 10 metres (32.8 feet) from any intersecting street lines, and the parking space closest to the corner of Canterbury and St. James Streets appears to be aligned with access almost immediately at the intersection. As well, the By -law permits only a single two -way commercial access for each lot having a frontage of less than 75 metres (246 feet), as is the case with the subject site. As well, this single two -way access is permitted to be a maximum of 9 metres (29.5 feet) in width. Although this area of Canterbury Street experiences relatively light traffic at the current time, these deficiencies in the parking and access at 10 St. James Street must be corrected, especially as there is ample room on the site to do so. Staff have provided two examples of how the required parking spaces could be arranged, and the applicant may provide the required parking in any manner satisfying the requirements of the By -law. CONCLUSION: Due to the context of the surrounding neighbourhood and the particulars of the proposed use and the subject site, the requested Municipal Plan and Zoning By -law can be supported. Approval of the requested amendments should be conditional upon a Section 39 Agreement limiting the use of the property as required by the Central Peninsula Plan, and specifying the development of the site, and in particular, the parking area and access. SKH Project No. 08 -006 140 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT m '► ,se ,13y x) • 1 111. 180, t{ 1 _ 38 /0 30 + w 109 ,• ,� IL ,/1'� • 110 • 1 h 1 0 o x30 • i1, • 13 • 230 t • � 1 • 1 �3t ri p x1 • + 210 • 742 • 150 i56. N 2x1 fi 251 C 0 22 1 §� • '� )09 D • �r as • �� uzr� • • 280 xgz- + N• 26e 281 9, 11 • • �R -10 • 355 4" 41 1G oo ° �B-2 H6 271 N 220 •_r{-1' • 1 u) � • 21 213 ' x�L -1 X3/1 23 • _ �i6 ueerl St• , 76 1.1.3 r rue 9/ '68 78 6x 71 • \ + 6I 1 ` 1 SB 3t W 1 •�+ _ 50 S 222" 50 SI 5' ;tH� idjrl a u, rue pj. t - ,5 7q-- • 1 + • e f0/.� i 1 >r 36 V• • f0 ° 8 4� • 30 A 2 2 t 1� l • J 1 �. , 210 Z1 310 I -I 1- lot- 1.1' i Subject Site /site en question: Location: 10 rue St. James Street Date: February 12, 2008 Scale /echelle: Not to scale /Pas a 1'echelle 141 „ ' Uee�,Av u3 • { ,90 0 u : us JI • 233 - 25 It 231 • 261 283 • • A�e�1 283 � /! 267 • { r��' } 269 , t {1•` 8 18 2) t (.29 v' t - 75 7] 31 31 181 279 20 u 2oc IOt 289 29, S. St. 8 5 °3 S Jame 1170 s t ' 8610 2 rue 82 /B i -I 02 rl^ , 16 90 l�1 fi0 Lo or C ve P.RM -1 '01 imis NJ PID(s) /NIP(s): 7 1 �1 �L. c_—_ 00001735 and 55061485 ►D S +. Jarnes Spree+ Si +e Par, -F s e- Oon Brawn by S-EA Vrohn l4orhi0.+ior) or aex' w'k Phoko * , 142 Zsa ICS F -+, Jamt --s Sfrp_e {- Revtseci Porkkep Phan T 143 9 6 Cr I! 25u 10 Si. JomEs Sree,% 2ev i secl Park-6-IQ Plan 2so 144 Application for a Zoning By -law Amendment t MMIC.(PAL. P4,P,IU MEVMCkM Demande de modification a Parretti sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Mailing Address of applicant / Addresse postale du demandeur A9 el _ iMw z Aj r l7jiw) /y . 9- Postal Code/ Code postal �'PL Telephone Number / Numbeo de teldphone ��(v� g35 - ,qq/ � Home / Domicile Work / Travail 60 6) r/a y -0a) Fax Number / Numdro de teldoopieur -� 37 Name of Property Owner (if different) / Nom du propri6taire (si different) Address / Adresse 9 ,--�reAkl /mil) ��12 r Property Information / Renseignements sur la propriete Sea, IOC JVOI' q Ats1. .R(rffcn� owwr) Code / Code postal %,,�M " V6 Location / Emplacement �` �/ii��L�'/J � e?% az,- _q�z Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot i/v in . Street Frontage / Facade sur rue Existing Use of Property / Utilisation aetuelle de la propridtd Municipal Plan land use Designation MP-151U . DENS ny RE.S 1 DE7V' 1 A L — Ddsignation de utilization des term sur le plan municipal Rrr.QL%(aES Rar ER6K (N TO '"Aft%Q CM • Amendment Requested / Modification demandue DS T - ', Present Zoning / Zonage actuel L� Change Zoning to / Modification du zonage a and/or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (mdiquez les details) )P,.!!! d MR Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition (J" /r/,;, You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. c - 3 Fo 2 Vous devez fournir un plan du site a l'echelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de batiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan doit indiquer les dimensions de la propriete, 1'emplaeement de la totalite des bbtiments, des allees, des arees de stationnement, des amenagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Foutnir tout autre renseignement concernant votre proposition qui pourrait titre approuvees. Provide any other information about your proposal that would be helpful. / Founnir tout autre renseignement concernant votre proposition qui pourrait titre utile. Signature of Applicant / Signature du ❑ $400 Application Fee Enclosed / Ciyoint les frais de deman&e de 400 $ If you are not the owner of the land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la partie the owner is authorizing this application to proceed ei- dessous. La signature du proprietaire autorisant le for consideration by Common Council. traitement de la presente demande pour que cette derniere soil examinee par le Conseil communal. Signature of Owner (if applicable) �� Signature due proprietaire (s'il y a lieu) Date: day \ a�ia i[11.1 pq t"ttPS!CL. ?� �� tova vfjAl ►. The City of Saint John I® January 21, 2008 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment —117 Carleton Street A Public Presentation was given on December 17, 2007 of a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A and 2 -C, the Future Land Use Plan, a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598 from Medium Density Residential to Approved Commercial Development classification to permit the establishment of a business office within the existing building as requested by 603887 NB Ltd. The required advertising has been completed, and attached you will find a copy of the application, public notice and insertion order of the proposed municipal plan amendment. A letter of objection to the proposed amendment is attached as well as a letter disagreeing with the proposal in the objection letter. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, March 3, 2008 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Respectfully submitted, Elizabeth Gormley Assistant Common Clerk Attachment /4 SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 41 148 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 117 CARLETON STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598. 2. Add the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "q) a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, December 17, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land from "RM -IF" Multiple Residential Infill to a business zone, and the subsequent establishment of a business office within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by January 16, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk City of Saint John PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 117, RUE CARLETON Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John a Fintention d'6tudier la modification du plan d'am6nagement municipal comme suit: 1. la reclassification, a 1'annexe 2 -A et 2 -C du plan d'une parcelle de terrain d'une superficie d'environ 426 metres carrels, situ6e au 117, rue Carleton, et portant le NID 00037598, de zone risidentielle de densiti moyenne a zone d'aminagement commercial approuvi. 2. Fajout de la parcelle de terrain suivante a la liste des amdnagements commerciaux approuv6s a Falin6a 2.4.6.28: q) une parcelle de terrain d'une superficie d'environ 426 metres carrels, situ6e au 117, rue Carleton, et portant le NID 00037598. Une pr6sentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 17 decembre 2007 dans la salle du conseil, au niveau du hall d'entr6e, A l'h6te1 de ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain afin de faire passer la ddsignation s'y rapportant de zone d'6dification de logements multiples sur terrain intercalaire o RM -IF » a une zone commerciale, et permettre Famelmagement d'un bureau d'affaires a l'int6rieur du batiment existant. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 16 janvier 2008 a 1'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de l'urbanisme et du ddveloppement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. J. Patrick Woods, Greffier communal City of Saint John i[10.] P. O. Box 1971 C. P. 1971 Saint John, N.B. Saint John, N. -B. EM 4L1 EM 4L1 658 -2862 6582862 iPle] PROPOSED MUNICIPAL PLAN AMENDMENT RE: 117 CARLETON STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598. 2. Add the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "q) a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, December 17, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land from "RM -IF" Multiple Residential Infill to a business zone, and the subsequent establishment of a business office within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by January 16, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk City of Saint John P. O. Box 1971 Saint John, N.B. E2L 4L1 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 117, RUE CARLETON Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a Fintention d'6tudier la modification du plan d'am6nagement municipal comme suit: 1. la reclassification, a 1'annexe 2 -A et 2 -C du plan d'une parcelle de terrain d'une superficie d'environ 426 metres carr6s, situ6e au 117, rue Carleton, et portant le NID 00037598, de zone residentielle de densite moyenne a zone d'amenagement commercial approuve. 2. Fajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuv6s a l'alin6a 2.4.6.28 : q) une parcelle de terrain d'une superficie d'environ 426 metres carr6s, situ6e au 117, rue Carleton, et portant le NID 00037598. 151 Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le lundi 17 decembre 2007 dans la salle du conseil, au niveau du hall d'entree, a l'h6tel de ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain afm de faire passer la designation s'y rapportant de zone d'edification de logements multiples sur terrain intercalaire « RM -IF » a une zone commerciale generale a B -2 », et permettre 1'amemagement d'un bureau d'affaires a l'interieur du batiment existant. Veuillez faire part au conseil par ecrit de vos objections au projet de modification au plus tard le 16 janvier 2008 a 1'attention du soussigne. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de l'urbanisme et du developpement a l'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. J. Patrick Woods, Greffier communal City of Saint John C. P. 1971 Saint John, N. -B. E2L 4L1 6582862 152 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement - SJTJ Classifieds Date(s): December 4, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal 9 Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 153 January 30, 2008 603887 N.B. Ltd. 10 Peel Street Saint John, NB E21- 3G9 Dear Sir or Madam: At a meeting of the Common Council, held on January 21, 2008, the following resolution was adopted, namely:- "RESOLVED that the proposed Municipal Plan Amendment regarding 117 Carleton Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on Monday, March 3, 2008 at 7:00 p.m. in the Council Chamber." Enclosed is a copy of the Public Notice in this regard. Yours truly, Elizabeth Gormley Assistant Common Clerk EG /slc Enclosure SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 411 www.saintjohn.ca I C.P. 1971 Saint john, N. -B. Canada E2L 41 154 PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 117 CARLETON STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 3, 2008 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID number 00037598. 2. Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "q) a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID number 00037598." 3. Rezoning the same parcel of land from "RM- IF" Multiple Residential Infill to `111-2" General Business. REASON FOR CHANGE: To permit the establishment of a business office within the existing building. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4 :30 p.m., Monday through Friday, inclusive, holidays excepted. PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET: 117, RUE CARLETON Par les prdsentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'amdnagement municipal et 1'arrete sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 3 mars 2008 a 19h, en apportant les modifications suivantes : 1. la reclassification, a 1'annexe 2 -A et 2 -C du plan, d'une parcelle de terrain d'une superficie d'environ 426 metres carrels, situele au 117, rue Carleton, et portant le NID 00037598, de zone risidentielle de densiti moyenne a zone d'aminagement commercial approuvi. 2. 1'ajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuv6s a Falinda 2.4.6.28 : q) une parcelle de terrain d'une superficie d'environ 426 metres carr6s, situde au 117, rue Carleton, et portant le NID 00037598. » 3. la modification du zonage de la parcelle de terrain precitee pour la faire passer de zone d'edification de logements multiples sur terrain intercalaire « RM -IF >> a zone commerciale gen6rale « B -2 >>. RAISON DE LA MODIFICATION: Permettre 1'am6nagement d'un bureau d'affaires a l'int6rieur du batiment existant. Toute personne interestee peut examiner les modifications propos6es au bureau du greffier communal ou au bureau de 1'urbanisme et du ddveloppement a 116tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours f6ries. Written objections to the amendments may be sent Veuillez faire part de vos objections aux projets de to the undersigned at City Hall. modification proposes par ecrit a 1'attention du 155 soussign6 a Ph6tel de ville. J. Patrick Woods, Common Clerk J. Patrick Woods, greffier communal 658 -2862 658 -2862 iU11.1 PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 117 CARLETON STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 3, 2008 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID number 00037598. 2. Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "q) a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID number 00037598." 3. Rezoning the same parcel of land from "RM -IF" Multiple Residential Infill to `B -2" General Business. REASON FOR CHANGE: To permit the establishment of a business office within the existing building. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET: 117, RUE CARLETON Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'am6nagement municipal et 1'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 3 mars 2008 a 19 h, en apportant les modifications suivantes : 1. la reclassification, a 1'annexe 2 -A et 2 -C du plan, d'une parcelle de terrain d'une superficie d'environ 426 metres carres, situ&e au 117, rue Carleton, et portant le NID 00037598, de zone risidentielle de densiti moyenne a zone d'aminagement commercial approuvi. 2. Fajout de la parcelle de terrain suivante a la liste des amenagements commerciaux approuves a 1'alinea 2.4.6.28 : q) une parcelle de terrain d'une superficie d'environ 426 metres carres, situee au 117, rue Carleton, et portant le NID 00037598. » 157 3. la modification du zonage de la parcelle de terrain pr6cit6e pour la faire passer de zone d'edification de logements multiples sur terrain intercalaire « RM -IF » a zone commerciale generale v B -2 ». RAISON DE LA MODIFICATION: Permettre 1'am6nagement d'un bureau d'affaires a l'intdrieur du batiment existant. Toute personne int6ress6e peut examiner les modifications propos6es au bureau du greffier communal ou au bureau de Purbanisme et du d6veloppement a Ph6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours f6ri6s. Veuillez faire part de vos objections aux projets de modification propos6s par 6crit a 1'attention du soussign6 a 1'h6tel de ville. J. Patrick Woods, greffier communal 658 -2862 iU1.11 November 27, 2007 / 27 novembre 2007 603887 NB Ltd. 10 Peel Street Saint John, NB E2L 3G9 Dear Sir or Madam: Re: 117 CARLETON STREET Enclosed is a copy of the Public Notice regarding a proposed Municipal Plan amendment for redesignation of the above property. Following the date for the receipt of objections, namely, January 16, 2008, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee. Yours truly, Monsieur, Madame, Objet: 117, RUE CARLETON Vous trouverez ci- annex6e une copie de I'avis public relatif a une modification envisag6e au plan municipal en vue de la red6signation de la propri6t6 ci- dessus: . Apr6s la date de r6ception des objections, c'est -a -dire le 16, Janvier, le Conseil communal pourrait autoriser la publication des avis n6cessaires en vue de I'audience publique et demander les opinions du Comit6 consultatif d'urbanisme. Veuillez agr6er, Monsieur, Madame, 1'expression de nos sentiments distingu6s. Elizabeth Gormley Assistant Common Clerk / Greffi6re communal adjointe EG /mjs encl. ii U10-1 UNIVERSITY OF PO Box 5050 TEL 506 648 -5523 NEW BRUNSWICK SAINT JOHN, NB FAx 506 648 -5714 SAINT JOHN CANADA FINADMIN@UNBSJ.CA E2L4L5 WWW.UNB.CA UNB January 14, 2008 SdinrJ°hn Mr. J. Patrick Woods, Common Clerk City of Saint John P. O. Box 1971 Saint John, NB E2L 4L1 Dear Mr. Woods: OFFICE OF THE ASSISTANT VICE-PRESIDENT (FINANCIAL & ADMINISTRATIVE SERVICES) PHILIP W. OLAND HALL F^)(ZD'.:T^NLLA,TL ( 157, x008 ,440r RE: Proposed Municipal Plan Amendment - Re- Zoning of 117 Carleton Street I am receipt of a letter from Bryan Lee Jamieson to you with respect to the proposed municipal plan amendment for the property at 117 Carleton Street. Mr. Jamieson is opposed to the rezoning of this property citing commercial traffic access through his property at 62 Sewell Street to the parking lot of 117 Carleton Street will impact the character, nature and quality of his property at 62 Sewell Street. In Mr. Jamieson's letter, he outlines a potential solution by suggesting access to 117 Carleton Street's parking lot through the University property located at 127 Carleton Street. I wish to formally advise you that the University does not consider this an option and is not interested in entering into discussions to allow this arrangement to exist. ;r E. Callbeck, C.A. CEC:sja CC: Michael Baldwin, Manager, Real Estate & Planning, UNBSJ Don O'Regan, Manager, Facilities Management, UNBSJ �Jr iRis] 01/15/2008 08:58 6485714 A11P FINANCE ADMIN PAGE 01/02 uwv$Rsm OF PA, BOX 5050 TEL 504 -648 -5523 OFFICE OF THE PHILIP W, OLAND HALL NEW BRUNSWICK SAINT JOHN, NB FAX 506 - 648.5714 ASSISTANT VICE PRESI M T UNT T� TR SAINT JOHN CANADA WWW.UNB.CA FINANCE & ADMINISTRATION E2L 4L5 �ttrrt J��rrt DATE: TO: FROM: '-P'ATRirjc Wnc)'DS C_' B FAX #: �- L} t SUBIECT, # OF PAGES (Including Cover): MESSAGE: AS An-PTG t4 161 , , , , . , .. .................. January 12, 2008 62 Sewell Street Saint John, NB E2L 3A4 J. Patrick Woods, Common Clerk City of Saint John PO Box 1971 Saint John, NB E2L 41_1 RE: Written Objection to Proposed Municipal Plan Amendment — Re- zoning of 117 Carleton Street Dear Mr. Woods We are writing to formally voice our objection to the proposed Municipal Development Plan amendment and associated re- zoning of 117 Carleton Street from Medium Density Residential to Approved Commercial Development, as indicated in the advertisement that appeared in the Telegraph Journal on December 4, 2007 and as presented to Saint John City Council on December 17, 2007. The following letter contains the details of our objection along with relevant figures and photos to illustrate the basis and rationale for our opposition. We have also verbally voiced our opposition in a meeting with Sarah Herring, Planner, City of Saint John, held on December 11, 2007. We would like to state outright that we are philosophically not opposed to the use of 117 Carleton Street as a commercial property, or more specifically a law office as is planned. Our opposition stems from the intended use of our residential property at 62 Sewell Street to provide commercial vehicle access to this re -zoned property. The deed for our property at 62 Sewell Street (PID 38471) currently contains an easement that allows access from Sewell Street over our driveway to the back of 117 Carleton Street (see Figure 1). In conversations with the new owner of 117 Carleton Street we have been informed of their intention to demolish a portion of the existing building to create a commercial parking lot, to accommodate up to 5 cars, for the re -zoned commercial property (see Figure 1, approximate parking lot boundary shown). The new owner plans to use our residential driveway at 62 Sewell Street to access this new commercial parking lot. The easement contained in our deed was granted on June 28, 1930. In our informed opinion, this easement was granted for, and has been maintained as, single family residential and personal use only and was never intended to provide municipal or commercial vehicle access to a commercial property. The property at 117 Carleton Street has been a single family residential property since its construction and we purchased our 1 iM home at 62 Sewell Street based on this premise. For this reason and those outlined below we feel that allowing access over our residential property to a commercial parking lot at 117 Carleton Street, as is intended in this re- zoning application, will significantly impact our quality of life, and character, nature and quality of our home and property at 62 Sewell Street, and thus should not occur. Impacts on Pedestrian, Vehicle and Property Safety Our driveway at 62 Sewell Street has its entrance /exit on Sewell Street. The driveway is approximately 80 feet long, single lane with a driving width of approximately 10 feet (see Figure 1). The driveway is flanked on both sides by residential buildings (including our home) from the sidewalk for a length of approximately 33 feet up our driveway (Photos 1, 2, 3, 4, see Figure 2). The remaining length of our driveway consists of a walkway to /from our back door (primary home entrance) (Photo 6, see Figure 2) that enters directly onto the driveway as well as our parking area (Photo 7, see Figure 2) that also enters onto our driveway. It should be also noted that the first 40 feet (approximately) of our driveway is uphill from street level which is also on an incline approaching our driveway. This incline presents specific concerns for vehicle access during winter conditions, including the increased potential for damage to the adjacent homes on our driveway (including ours) from vehicle collisions. In addition, the site lines for cars entering and exiting our driveway are less than ideal; this is further made difficult by cars that are parked on the street on either side of our driveway. We take great care and caution when entering and exiting our driveway from Sewell Street to ensure pedestrian and vehicle safety. Many of our neighbors are elderly or have small children; we also plan to have children ourselves in the near future and are concerned for the safety of our future family in our backyard and driveway. We feel that vehicle and pedestrian safety will be significantly compromised by increased traffic to and from the proposed commercial parking lot. The existing traffic in our driveway, combined with the current residential use of 117 Carleton Street, is minimal and in line with typical use of a residential driveway. However, traffic will increase significantly with the development of the new commercial parking lot at 117 Carleton Street. At minimum, based on a 5 car parking lot, there will be an added 10 trips per day over the driveway, with additional trips potentially required for lawyers and staff at 117 Carleton Street to perform office related tasks offsite during the day. We believe that this increased traffic, combined with the less than ideal site lines creates an unacceptable risk not only for vehicle /pedestrian collisions but also vehicle /vehicle collisions both on our property and off our property. As stated above, the risk will likely be greater in winter due to slippery conditions and narrowed street width available for cars on Sewell Street due to snow accumulation, and the decrease in visibility due to snow bank height (see Photos 1 to 7). iW Further to this, as the driveway is single lane only, additional commercial traffic will create potentially unsafe conditions on Sewell Street due to cars having to stop or slow down if the lane is already occupied by another vehicle traveling in the opposite direction. Vehicles would be forced to back up in either direction as a result of this added congestion. Additionally, we often have to ask trespassing vehicle owners blocking our driveway to move, this is very inconvenient for us and causes great difficulty and distress when we need to use our own car. We believe that this occurrence would increase with the addition of commercial traffic to our residential driveway, further impacting on our quality of life. Impacts on Quality of Life, Character and Nature of Property Further to the obvious increased safety risks associated with increased traffic to and from the planned commercial parking lot at 117 Carleton Street through our property at 62 Sewell Street, there will also be a significant impact on our quality of life and the character and nature of our home and property. The increased traffic to and from the planned commercial parking lot at 117 Carleton Street over our residential driveway will significantly disturb our current lifestyle through added noise and traffic. These factors, combined with a significant reduction in our current level of privacy, will serve to significantly reduce our ability to enjoy our property and home in Uptown Saint John. In addition, we both prefer to live close to work in the Uptown core and are committed to doing our part to support the re- vitalization of Uptown Saint John. We purchased our property at 62 Sewell Street as our home in March of 2007 after having moved to Saint John in 2006 and are in the process of carrying out necessary renovations and upgrades. We feel that while economic development is needed, it must not be obtained at the expense of unnecessary encroachment on clear and historical residential areas in the Uptown area. We greatly value our current lifestyle and feel that we are contributing in a very positive way to Uptown Saint John by making use of Uptown amenities. We feel that providing commercial vehicle access to the proposed commercial parking lot at 117 Carleton Street via our residential driveway is highly unfair, in complete opposition to the intended use of the easement granted in 1930 on our deed and represents special and unreasonable hardship for us as residential property owners. Potential Solution There is, however, a potential solution to the problems outlined above. Beaver Brook House, an existing commercial property owned by the University of New Brunswick (UNB) adjacent to 117 Carleton Street, has a relatively large and under - utilized parking lot. We very rarely observe any cars in the parking lot at any time of year. This parking lot directly borders the proposed commercial parking lot development at 117 Carleton Street (Photo 8, see Figure 2). A single wooden fence separates the two properties. It is our suggestion that an agreement be negotiated between the owners of 117 Carleton Street and UNB to allow 3 MOM access, or parking, for the new commercial venture at 117 Carleton Street through this under - utilized parking lot by removing a small portion of the wooden fence between the two properties (see Figure 2). This solution will not only preserve our quality of life, and character and quality of our home and property but is also a much safer option for commercial vehicle access to 117 Carleton Street. Closing To summarize, for the significant and important reasons outlined above including increased safety risks and negative impacts to the character, quality and nature of our personal lives, property and lifestyle, we are in opposition to the re- zoning of 117 Carleton Street from Medium Density Residential to Approved Commercial Development and the associated Municipal Development Plan amendment until the issue of commercial vehicle access for the re -zoned property is resolved to our satisfaction. We also believe, as indicated above, that a viable solution exists (Le. access via Beaver Brook House parking lot) to this problem. Also, please note that we are currently in discussions with the new owner of 117 Carleton Street in an attempt to make the proposed Beaver Brook House access option a reality. We appreciate the opportunity to voice our opposition to this proposed Municipal Development Plan amendment. We intend to voice our concerns on our issue at the public hearing on March 3rd, 2008; however, in the meantime please do not hesitate to contact us if you have any questions or comments, or require clarification on the information we have presented in this letter. We can be reached by mail at the address listed below, by phone at (506) 214 -0282, or by email at paula.a.afonso @gmail.com. Best e rds, r Lee Ja it ieson Property Owners 62 Sewell Street Saint John, NB E2L 3A4 Attachments: Figures 1 and 2 Photo Log Paula 'Angell Afonso CC. Matt Hayes, McInnes Cooper Sarah Herring, Planner, City of Saint John Mary - Eileen Flanagan, Sherwood and Flanagan 4 iM- 1 ELM Figure 1— Location Key Map i11-11.1 Figure 2 — Photo Log Key Map showing Potential Alternate Access iff- A Photo 1— View from Sewell Street downhill of our driveway Photo 2 — View from Sewell Street directly in front of our driveway Photo 3 —View from Sewell Street uphill of our driveway Photo 4 — View from our driveway looking toward Sewell Street (1/2 way up) iMe] Photo 5 — View from backdoor of our house showing walkway and access to driveway Photo 6 — View from our parking area showing access to driveway iris] Photo 7 —View from top of driveway looKing towaras to aeweu -W►rCCa Photo 8— View from top floor of 62 Sewell St. snowing proximity or surrvuIM1116 N �N� 171 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): February 5, 2008 February 26, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal © Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 172 BY -LAW NUMBER C.P. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598, from Medium Density Residential to Approved Commercial Development classification; 2 Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "r) a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598." - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire ARRETE N" C.P. 105 ARTE MODIFIANT L'ARRE RE TE RELATIF AU PLAN MUNICIPAL Lors d'une rdunion du conseil communal, The City of Saint John a 6dict6 ce qui suit : L'arret6 relatif au plan municipal de The City of Saint John d&cr6t6 le 3 janvier 2006 est modifi6 par: 1 la modification de 1'annexe 2 -A et 2 -C, relative au plan d'utilisation future des terres, afin de faire passer la d6signation d'une parcelle de terrain d'une superficie d'environ 426 metres carr6s, situde au 117, rue Carleton, et portant le NID 00037598, de zone r6sidentielle de densit6 moyenne a zone d'am6nagement commercial approuv6; 2 Fajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuv6s a l'alin6a 2.4.6.28: r) une parcelle de terrain d'une superficie d'environ 426 metres carr6s, situde au 117, rue Carleton, et portant le NID 00037598. » - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2008, avec les signatures suivantes: Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PH) No. 00037598, from "RM -IF" Multiple Residential Infill to `B -2" General Business - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire ARRETE No C.P. 110 - ARRRTE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decretd ce qui suit : L'arrdtd sur le zonage de The City of Saint John, ddcrete le dix -neuf (19) ddcembre 2005, est modifi6 par: 1 La modification de 1'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 426 metres carres, situee au 117, rue Carleton, et portant le NID 00037598, de zone d'6dification de logements multiples sur terrain intercalaire a RM -IF » A zone commerciale gen6rale « B -2 » - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrdt6 le 2008, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisieme lecture 174 February 27, 2008 Your Worship and Councillors: SUBJECT: 117 Carleton Street Municipal Plan and Zoning By -law Amendment On January 21, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 26, 2008 meeting. Ms. Mary - Eileen Flanagan appeared to speak in support of the application. She noted that she did not agree with the recommendations that the commercial use of the access be prohibited and that off -site parking be provided in the vicinity of the subject site. Mr. Rodney McNutt, owner of 109 Union Street, Mr. Wayne Erb, the applicant's contractor, and Mr. Dan Robichaud of the Village Neighbourhood Association, also appeared to speak in support of the application. Mr. Brent MacDonald appeared to speak on behalf of Mr. Lee Jamieson and Ms. Paula Afonso, the owners of 62 Sewell Street, in objection to the application. Mr. MacDonald reiterated the concerns with the commercial use of the right -of -way as described in the attached letters from Mr. Jamieson and Ms. Afonso. A letter of objection was also received from Mr. Gordon Lawton and is attached. After considering the attached report and presentations and after substantial discussion, the Planning Advisory Committee adopted the revised recommendation as set out below. The Planning Advisory Committee also granted a revised variance reducing the required number of on -site parking spaces from seven to four. RECOMMENDATION: 1. That Common Council amend the Municipal Plan by: a. redesignating on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598; and 175 Planning Advisory Committee February 29, 2008 Page 2 b. adding the following to the list of Approved Commercial Developments in subsection 2.4.6.28: "q) a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598 ". 2. That Common Council rezone the same parcel of land from "RM -IF" Multiple Residential Infill to `B -2" General Business. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of the parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598, be subject to the following conditions: a. That the non - residential use of the property be restricted to a law office within the existing building. b. That no vehicular access be permitted via the right -of -way, as defined in Deed No. 114874, over the property at 62 Sewell Street, also identified as being PID Number 00038471 except for members of the law firm and its employees and only between the hours of 7:30 am and 6:00 pm from Monday to Friday. That the site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, signs, exterior lighting and other site features. The approved site plan must be attached to the building permit application for the development. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08 -007 176 DATE: FEBRUARY 22, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 26, 2008 Sarah Herring, MCIP Planner SUBJECT: Name of Applicant: 603887 NB Ltd. Name of Owner: 603887 NB Ltd. Location: 117 Carleton Street PID: 37598 Municipal Plan: Existing: Medium Density Residential Proposed: Approved Commercial Development Zoning: Existing: "RM -IF" Multiple Residential Infill Proposed: `B -2" General Business Proposal: To convert the existing single - family dwelling into a law office. Type of Application: Municipal Plan Amendment, Rezoning and Variance. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Plan and Zoning By -law. 177 603887 NB Ltd. 117 Carleton Street Page 2 February 22, 2008 Common Council will consider the Committee's recommendation at a public hearing on Monday, March 3, 2008. The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council amend the Municipal Plan by: a. redesignating on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 426, located at 117 Carleton Street, also identified as being PID Number 00037598; and b. adding the following to the list of Approved Commercial Developments in sub- section 2.4.6.28: "q) a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598 ". 2. That Common Council rezone the same parcel of land from "RM -IF" Multiple Residential Infill to `B -2" General Business. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of the parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598, be subject to the following conditions: a. That the non - residential use of the property be restricted to a business office within the existing building. b. That no commercial vehicular access be permitted via the right -of -way, as defined in Deed No. 114874, over the property at 62 Sewell Street, also identified as being PID Number 00038471. c. That the developer make arrangements, and provide proof of such arrangements to the Development Officer, to provide the required number of parking spaces at an off -site location in the vicinity of 117 Carleton Street. 178 603887 NB Ltd. 117 Carleton Street Page 3 February 22, 2008 d. That the site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, signs, exterior lighting, landscaped areas and other site features. The approved site plan must be attached to the building permit application for the development. 4. That the Planning Advisory Committee grant a variance reducing the required number of on- site parking spaces from seven to zero, on condition that the developer make arrangements, and provide proof of such arrangements to the Development Officer, to provide the required number of parking spaces at an off -site location in the vicinity of 117 Carleton Street. BACKGROUND: On June 28, 1930, Deed No. 114874 was registered in the Saint John County Registry Office and contained the following provisions regarding the property at 117 Carleton Street and the right -of- way over the property at 62 Sewell Street: Excepting and reserving unto the Grantors their heirs and assigns a right of way (for the use only of the property of the Grantors adjoining to the south the property hereby conveyed) in common with the Grantees their heirs and assigns for persons, animals and vehicles over and along a road or right of way ten feet six inches wide measured eastwardly from the western side line of the lot hereby conveyed and extending back from Sewell Street along said western side line preserving the same width to the rear or southern boundary of said lot. The said parties hereto their heirs and assigns to share equally in the necessary upkeep of gates, fences and repairs to said road. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has pointed out that any property other than that used for a single- family dwelling must have a water meter; this property must have a City- approved water meter installed. The Department of Municipal Operations and Engineering does not comment on the suitability of private right -of -ways, but notes that as 62 Sewell Street is owned by a different property owner than 117 Carleton Street, the applicant should ensure that access is provided for by a right -of -way or some other acceptable means of accessing over this other property. 179 603887 NB Ltd. 117 Carleton Street Page 4 February 22, 2008 Building and Technical Services notes that Building Permit 2008 -54 is currently active for renovation of this property as a single - family home. Conversion of the property to a law office change the "use" classification under the Building Code and will therefore bring the full requirements of the Code to bear on the building. Significant issues include, but are not limited to, exiting, fire separation and rating of floors and supporting assemblies. Fire Department has no objection to this application provided that the National Building and Fire Codes are adhered to and appropriate building permits are obtained. Some of the areas of concern within the National Building and Fire Codes include: a) fire separations within the building b) access and egress paths c) requirements for fire extinguishers d) requirement for a fire alarm system e) emergency lighting f) exit signs throughout g) rated doors and closures Also, a fire safety plan needs to be submitted to the Saint John Fire Department. Saint John Parking Commission feels that it is important that any development in the Uptown area provide the required number of parking spaces to meet the Zoning By -law requirements. According to the Planning Department's memorandum, the new development has 4 parking spaces available and requires 7 on -site parking spaces. Although it is not possible to provide all 7 parking spaces on -sit there may be some parking opportunities in that area to rent spaces and meet the parking requirements. This application is another example of a situation where a cash -in -lieu parking program would help cover the cost of developing parking the Uptown area where it is difficult or impossible for the developer to provide on -site parking and help to eliminate the need to consider granting a parking variance or placing conditions on an application. In the Parking Commission's opinion, renting parking spaces in the immediate area should be explored before any type of parking variance is considered. ANALYSIS: Subiect Site and Neighbourhood The subject site is located on Carleton Street between Dorchester and Coburg Streets at the northern end of the Central Peninsula area of the City. This area contains a mix of uses, but is primarily a residential neighbourhood consisting of older multiple - family buildings on standard size City lots. The pattern of development in area around the subject is typical of the older :m 603887 NB Ltd. 117 Carleton Street Page 5 February 22, 2008 sections of the City, with buildings located close to the sidewalk and off - street parking, if any is available, located to the side or rear of the buildings. The Uptown boundary is located on Carleton Street, placing the southern side of the street within the Uptown Regional Centre commercial area and the northern side of the street (and the subject site) in a Medium Density Residential area. While the area around the subject site has been primarily residential, the character of the neighbourhood has begun to change as large, older buildings are being converted to small commercial and office uses, and vacant sites are used as parking lots. These changes can be expected to continue, and accelerate, with the proposed development of the police and justice facilities in area north of Union Street around Hazen Street, Peel Street and Wellington Row. The subject site is of average size for the area, with approximately 13 metres (42.7 feet) of frontage on Carleton Street and an area of approximately 590 square metres (6,350.7 square feet). The site currently contains a large, older 2'/2 storey building that was used as a single - family dwelling prior to its recent purchase by the applicant. The building is situated at the front of the lot, and occupies nearly the entire frontage of the site. As shown on the attached site plan, and discussed in the Background section of this report, the only vehicular access to the site and the parking area to the rear of the dwelling is a private right -of -way that runs through the property at 62 Sewell Street. Proposal The applicant intends to convert the existing single - family dwelling at 117 Carleton Street to a law office for one lawyer and five full-time support staff. This proposal does not include any exterior changes or additions to the existing building. The proposed law office would occupy the entirety of the existing building, with a floor area of approximately 408 square metres (4,400 square feet) for offices, a reception area, meeting rooms and other office facilities. The applicant proposes to use the rear yard of the site for staff parking, and clients will be expected to use on- street parking in the surrounding area. As previously mentioned, the only access to the proposed parking area is via a private right -of -way, and the applicant has indicated that traffic would only use this access in the morning and evening, as the office will be open from 8:30 am to 4:30 pm from Monday to Thursday and from 8:30 am to 1:00 pm on Fridays. The applicant has also noted that employees generally do not leave the office by vehicle during the day, as they do not make deliveries during the day and are within walking distance of Uptown restaurants and shops. 181 603887 NB Ltd. 117 Carleton Street Proposed Amendments Page 6 February 22, 2008 The subject property is currently designated Medium Density Residential by the Municipal Plan and is zoned "RM -IF" Multiple Residential Infill. The applicant has requested that the property be redesignated on Schedule 2 -A and 2 -C of the Municipal Plan as an Approved Commercial Development, and that it be rezoned to `B -2" General Business. These amendments, if approved, would permit the proposed use. In most areas of the City, only a rezoning of the property would be required, as the Municipal Plan's general policies for Medium Density Residential areas do permit a limited range of small neighbourhood- oriented and /or compatible commercial uses (subject, of course, to approval of a rezoning ) where deemed appropriate. However, this area of the City is also subject to the more detailed policies of the Central Peninsula Neighbourhood Plan, which do not allow even local or neighbourhood commercial uses in a Medium Density Residential designation. Rather, they require approval by Common Council as Approved Commercial Developments by means of an amendment to the Municipal Plan, in addition to being rezoned to an appropriate business zone. This additional requirement is in place to emphasize that one of the major goals of the Central Peninsula Plan is to protect and enhance the residential environment of the Central Peninsula. Municipal Plan Policies for Commercial Uses The policies of the Central Peninsula Plan discourage the introduction of new non - residential uses into residential neighbourhoods, especially where the parcel in question adjoins residentially designated properties on two or more property lines. While the east side boundary of the subject site adjoins institutional land owned by the University of New Brunswick, the subject site does in fact adjoin residentially designated lands along the rear and west side boundaries and, therefore, any redesignation of the site for non - residential purposes must be considered carefully. Policy 2.1.4 of the Central Peninsula Neighbourhood Plan (incorporated as Section 10.2.1.4 of the Municipal Plan) does provide for the possibility of such redesignation, stating as follows: 2.1.4 Where specific commercial developments are proposed for individual parcels of land that require redesignation of the land to a commercial designation, it shall be the policy of the City of Saint John that Common Council may approve such redesignation, subject to the following criteria: a) Regard shall be had to the policies contained in Section 2.4.4.5, 2.4.4.6, and 2.4.4.7 of the Municipal Development Plan; and b) The implementing rezoning of the land shall restrict the use of the parcel to a specific proposal pursuant to Section 39 of the Community Planning Act. 603887 NB Ltd. Page 7 117 Carleton Street February 22, 2008 Sections 2.4.4.5, 2.4.4.6 and 2.4.4.7 of the Municipal Plan, referred to in the above -noted policy statement, are the Plan's general criteria for evaluating proposed rezonings for commercial uses in residentially designated neighbourhoods. These include criteria such as location on an arterial or collector street, limitation on the size of the commercial use, and measures to ensure compatibility with or, at the least, minimal impact upon surrounding properties by any traffic, lights, noise, etc. associated with the commercial use. The subject property does not abut a designated collector or arterial street, but is close to Paddock Street and Garden Street which are designated as arterial streets by both the Uptown Strategy and Schedule 4 -A of the Municipal Plan. Coburg Street, just one property west of the subject site, also functions as a connection between the Throughway and the Uptown, although it is not designated in the Plan as such. Carleton Street also has many of the attributes of a collector street. With regard to the size of the commercial use, the approximately 408 square metre floor area of the proposed office use is well below the Municipal Plan's maximum of 1,000 square metres for such uses in residential areas. Due to the dense pattern of development in the neighbourhood and the location of the existing building at 117 Carleton Street, little can be done to provide additional buffers such as increased setbacks or landscaping between the site and adjacent properties on Carleton Street. There is an existing privacy fence; however, between the subject site and the University of New Brunswick site to the west and between part of the site and the property to rear at 62 Sewell Street. Despite the lack of traditional buffers, a business office is typically a use that would tend to have minimal impact on adjacent properties, and there are already several such offices in the neighbourhood. The problematic aspects for the proposed activity on this site are the availability of parking and the previously mentioned private right -of -way over a residential property. These issues will be discussed separately below. In the past, the Committee has considered similar proposals to rezone residential properties for office uses. The majority of these previous proposals have not been supported by staff due to a number of factors, mainly relating to the nature of their neighbourhood contexts. Generally, such uses should be encouraged to locate within the existing designated commercial areas or nodes rather than being introduced into the midst of an established, stable residential block. In other cases, such as a proposed law office on the corner of Coburg and Paddock Streets, were recommended for approval by staff on the basis of the site's location on the edge of the residential neighbourhood and the nature of the surrounding uses. In the current case, the context of the neighbourhood and the existing mix of uses, as well as the expected accelerated change due to adjacent large -scale development, illustrates that this area functions as a transition area between the Uptown and residential areas further west of the site. In addition to the previously discussed criteria set out by the Municipal Plan (i.e. arterial/collector street, size of development, impact on abutting properties), this larger neighbourhood context should also be considered. The proposed law office would not be out of place in this mixed -use 183 603887 NB Ltd. 117 Carleton Street Page 8 February 22, 2008 neighbourhood and there are, in fact, at last two other legal offices within close vicinity. As a result of these factors, the proposed amendments can be supported. However, as is the case with other similar proposals, the rezoning should be subject to Section 39 conditions limiting the non- residential use to the specific proposal, to ensure that any future changes in the nature of the use will be subject to review by Council, and dealing with other issues of concern with the site and proposed use. As noted above, a Section 39 resolution regarding the specific use of the site is also required by Policy 2.1.4 of the Central Peninsula Neighbourhood Plan. Parking and Access Based on the square footage of the proposed office, the Zoning By -law requires that seven off - street parking spaces be provided for the proposed use. Analysis of the rear yard parking area proposed by the applicant indicates that only four parking spaces can be accommodated in the available area once the required landscaping and setbacks are provided, necessitating a variance to reduce the number of parking spaces from seven to four. Due to the close proximity of the site to the Uptown area and the large number of parking lots within the immediate neighbourhood, approval of the required variance could be supported. Many commercial uses in the Uptown and Central Peninsula areas, especially those involving the conversion of large, older dwellings, require and have been granted similar variances. Of much greater concern than the available number of parking spaces on -site is the proposed access to the parking area via a private right -of -way across the property at 62 Sewell Street. As noted in the Background Section of this report, this right -of -way has been in existence since at least 1930, and the applicant's legal right to this access is not being questioned. The advisability of permitting commercial access over a residential right -of -way and residential property must; however, be very carefully considered. The Municipal Plan's policies regarding the compatibility of commercial uses in residential neighbourhoods clearly caution that the impact of parking areas (and by logical extension, the access to these parking areas) on adjacent residential uses must be carefully considered and mitigated where possible. As well, the Plan advises that those uses generating traffic that is excessive in volume and not local in nature should be excluded from residential areas. Although the traffic generated by the proposed law office is not expected to be excessive, it's potential impact on the surrounding neighbourhood, and in particular on the residential property at 62 Sewell Street, over which the proposed commercial traffic will travel, is an issue. The Central Peninsula Neighbourhood Plan, as previously noted in this report, references the same Municipal Plan criteria for compatibility of commercial uses in residential areas. The Zoning By -law only permits the use of residentially -zoned properties for parking areas in the "RM -1" Three Storey Multiple Residential, "RM -2" High Rise Multiple Residential, "RM -3" Central Area Multiple Residential and "RM -IF" Multiple Residential Infill zones on condition that they must be used for the purposes of providing parking for a use which is located and permitted im 603887 NB Ltd. 117 Carleton Street Page 9 February 22, 2008 in the same zone. The proposed law office is not permitted in the "RM -IF" Multiple Residential Infill zone, and therefore a parking area for this office would not be permitted on a property in this zone either. While the Zoning By -law does not specifically address access to a commercial parking area (this is a relatively unique situation), it is reasonable to apply the same standards to commercial access as to commercial parking areas in that they should not be permitted on residential properties except to serve a use that is permitted in the same residential zone. While this situation, with commercial access proposed over residentially zoned property via a private right -of -way, is relatively unique and not dealt with explicitly in the Municipal Plan or Zoning By -law, the intent of these documents and their direction regarding commercial parking on residential land and the compatibility of commercial parking areas has been carefully analysed. The proposal to provide commercial parking at the rear of 117 Carleton Street with access thereto over the existing private right -of -way is not recommended CONCLUSION: While the proposed law office use can be considered appropriate given the context of the surrounding neighbourhood and the relatively innocuous nature of a business office, the proposed arrangement of parking and access is problematic. Given the number of parking areas within the surrounding neighbourhood, and the fact that a parking variance would be required even if the proposed rear parking area were considered appropriate, it is recommended that the application be approved on condition that the applicant seek off -site parking within the surrounding area. As well, Section 39 conditions limiting the use of the property to the current proposal are required by the policies of the Central Peninsula Neighbourhood Plan. SKH Project No. 08 -007 185 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT \ • \� N' Z074. \ a 79 za 1;f � ♦� rI 1 n 99 f!♦ 1 At `L ,a � $ _ 2 - 9a 2, 76 10 90 se 13 11 : . 82 9 . f f •- � as I 1 � 81 1 71 7 7761 , 72 • •• 64 O as 1 — 0 6 64 4 4 68 w r ez 1 3 • 60 3 29 46 6 p 64 f QY� ° 42 ' •' 32 R — �A' =yD� : 6E s 6 • a Y c _ 1 Y {Ft 12 • 60 0 ' „ ' r 1 44 97 t0 • 1 r \ • ' r ' r 42 89 1 122 —4 r4 101 r4�R ve 27, 26 36 10 114 "6 40 ,02 66 1 • ` • 1 • ' '� C 06 36 • 34 'CD r , ` • • 40 • 31 y, 36 76 78 • 30 v/ 34 68 : 3 3 Q 28 4 1 24 • 31 O 2 ( + 1 • • W 20 32 28 A 20 t9'r tfl► Subject Site /site en question: PID(s) /NIP(s): 00037598 ' Location: 117 rue Carleton Street Date: February 12, 2008 Scale /echelle: Not to scale /Pas a 1'echelle :. draw r, 6 s , 'ram i rltc�r y -noJi o n )n aer►o.l Pho 1-o,S 9 1 � Ins 1 � 1 1 � 1 1 � 1 1 � D J i t Cos 187 S ire. Pica 1'.2-60 �I p b eLi(_� LL 15'0 �clv-en . . ........ 1- vi oQ � c .s :: t ' 1 1 eX�sk, �9 Q 1 1 �1 1� 1 t� t 1 � 1 1 t 1 � \ i l 4 N 11 3 ,9 1 N 3 drawn by s }a- f mm l4crrrrcL t -ion on pier ►al phofogr "° T n AV, c9 1 w l S -ree,+ _ Poten +ic,,l Parkinq LO -Voud Ili * ,gariance.. re i-it red f4�c r redk Lc - +tc-,n ih park -1 ng S CpC�C2S Trcm 7 +c 4 *' 1:260 February 19, 2008 62 Sewell Street Saint John, NB E2L 3A4 Planning Advisory Committee City of Saint John PO Box 1971 Saint John, NB E2L 4L1 RFcFwED )a RE: Written Objection to Proposed Municipal Plan Amendment — Re- zoning of 117 Carleton Street Dear Planning Advisory Committee Members: Further to our letter submitted to you dated January 12, 2008, we are writing to provide additional information on our significant concerns and issues with the proposed re- zoning of 117 Carleton Street from "RM -IF" Multiple Residential Infill to "B -2" General Business, and the associated Municipal Plan designation from Medium Density Residential to Approved Commercial Development. We have prepared this submission in response to the letter received from Sarah Herring, Planner, City of Saint John, dated February 12, 2008, inviting neighbours to share their views on the proposed zoning change, with the Planning Advisory Committee (PAC). In our previous letter we outlined our concerns with the 117 Carleton Street re- zoning based on the safety of ourselves and our future family as well as the impact on our quality of life and nature of our property that will result from this re- zoning. In this letter we will provide additional concerns as well as update you on activities that have occurred since our last letter. Also, as already stated in our previous letter, we have no opposition to the use of 117 Carleton Street as a law office as is contemplated, our opposition stems from the proposed use of our driveway and backyard area to provide commercial and municipal vehicle access to the re -zoned building. You may recall that we had referenced the University of New Brunswick (UNB) Beaver Brook House property as a potential solution to provide access or parking for 117 Carleton Street. In discussions with the new owners of 117 Carleton Street we agreed to work together to approach UNB with this request. Unfortunately, and after considerable time and effort on my part to make this happen, UNB has advised that they are not open to becoming involved in this issue. This news was disappointing, but another viable solution exists, as outlined later in this letter, that does not require the use of our driveway and backyard for commercial and municipal vehicle access for 117 Carleton Street. 1 190 To follow -up from our previous letter, we would like to bring forward additional concerns with not only the proposed use of the building as a law firm but also with potential future uses. If 117 Carleton Street is re -zoned commercial, the possibility exists that the new owners may at some point decide to sell the property for a commercial use even more. disruptive (i.e. higher traffic, odd hours, etc.) to our home and backyard than what is currently contemplated. We do not want to be fighting this same battle again. To illustrate what we absolutely do not want to happen to our property now, or at any time in the future, we have provided an air photo (Figure 1 attached) of the area around the corner of Peel and Union Streets where the Sherwood and Flanagan law office is currently located. The new owners of 117 Carleton Street, Sherwood and Flanagan, have cited this area as similar to our area thereby potentially justifying the use of our backyard and driveway to provide access to their commercial parking lot. I think you will agree that the two areas are very different. The Peel and Union Street area has multiple business fronts, entrance and egress (several) onto busy streets and is adjacent to already existing large commercial parking lots. There are several apartment buildings in the area as well, but there are no backyards and very little privacy. I am sure no parent would let their children play or even walk in the dangerous vehicle lanes in this area. This area is completely different from where we live on Sewell Street and is not relevant in any way to the re- zoning of 117 Carleton Street and the proposed use of our driveway and backyard for commercial and municipal vehicle access. The new owners of 117 Carleton Street have also cited access for physically challenged persons as a reason to allow commercial vehicle access over our driveway and through our backyard. A much better option for persons who are physically challenged to access 117 Carleton Street is clearly the use of the three metered parking spots (Figure 2 attached) directly in front of the building. One or several of these spots could be reserved by the City of Saint John as parking for physically challenged persons. The use of these spots combined with the construction of a wheel chair ramp at the front of the building directly off a level city sidewalk is a much better and safer option, both for physically challenged persons and our home at 62 Sewell Street. There are also multiple commercial parking lots within several minutes walk of 117 Carleton Street which could easily be used by staff and clients of the proposed law firm. There are many examples of business fronts in the Uptown. area that make use of off - street parking lots near but not on their site. These are clear solutions to their parking requirements that do not impact the safety, quality of life or nature of our home at 62 Sewell Street. We ask the question why our home and property should be disturbed when such clear solutions exist? Further to this information, and to re- iterate our position, we are not open to any use of our driveway and backyard for commercial or municipal vehicle access, specifically in light of the 2 191 other viable solutions that exist. Allowing even several cars to use our driveway for commercial or municipal access each day will not only be significantly disruptive and unsafe for us but is also a "slippery slope" in enabling more informal and unauthorized use to occur. As stated in our previous letter, the use of our driveway and backyard for commercial or municipal vehicle access will likely cause us further stress and inconvenience through instances of trespassing vehicles blocking our parking area. We ask the question again, why even pursue the option of using our driveway and backyard when other viable solutions exist? As a point of clarification, on the drawing, submitted by the new owners of 117 Carleton Street and attached to Ms. Herring's letter, dated Feb 12, 2008, the width of our driveway is indicated as 15 feet. This measurement is actually the distance between the houses on either side of the driveway. The actual driving width of our driveway is approximately 10 feet. One side of the driveway has a grassy border several feet wide while our side of the driveway is currently a rock garden which we plan to turn into a flower garden this coming summer. Last summer we re- landscaped our backyard lawn and replanted several gardens that border our house and fence. This summer we plan to continue to beautify our backyard by adding a small ground level deck and additional garden area. We plan to spend a significant amount of time in our backyard and have offered this information to demonstrate to you why we have taken the position outlined in this letter. We not only want to maintain our property but also want to improve it for our use and that of our future family. Further to this, Paula works two days a week while she maintains full time studies by distance; therefore she spends a considerable amount of time studying at home and enjoying our backyard. The disturbance of commercial traffic and the associated negative impact on our privacy and safety will greatly impact her ability to conduct required school work outside, i.e. reading, not to mention the enjoyment of her many outdoor breaks which include gardening and overall home improvements. As a further point of clarification, in our previous letter we had provided a drawing indicating where we understood the proposed perimeter of the new commercial parking lot was to be placed. Based on the letter and drawing received from Sarah Herring, we have updated our Figure (Figure 2 attached) with this new perimeter. Associated with the point made in the paragraph above, we have been and are open to discussing the alternate parking options outlined in this letter with the new owners of 117 Carleton Street. However, we have had little contact with them, after repeated efforts via phone and email on our part, since the week of the original written submission date for the re- zoning application passed (January 16, 2008). We finally heard back from them on February 15. During further discussions on February 18 it became clear to us that the owners of 117 Carleton Street appear to have not completely understood our concerns despite our consistent expression of these concerns and the clear, in our opinion, rationale 3 192 that we have provided. The issue is more than traffic, noise and quality of life even though these are very significant. The underlying issue for all the above is that the nature of our property will change forever if 117 Carleton Street is re -zoned as a commercial property and commercial and municipal vehicle access is permitted over our driveway and through our backyard. If this occurs it is highly unlikely that it will be possible to reverse this decision once our fears and concerns become a reality. To re- iterate, we are not open to having any level or type of commercial or municipal traffic through our backyard and over our driveway for the numerous reasons outlined in this letter. We also shared the letter dated January 12, 2008 that we submitted with the new owners for their information to confirm our position with them. We have maintained this position, as outlined in this letter, in all communication with the new owners if 117 Carleton Street since this issue arose. We would like to point out again that we believe we have made more than reasonable attempts at finding an alternate solution for parking and access for 117 Carleton Street; we are simply protecting our home, property and our quality of life at 62 Sewell Street. We believe that anyone who is family oriented and has a strong sense of community would take the same strong position that we have taken in order to protect their quality of life and safety of their family if they were in our shoes. Further to the point made on the communication above, we would like to point out that we were not consulted prior to the sale of 117 Carleton Street for the proposed use as a commercial property. However, once we were informed by our former neighbour that the sale had been negotiated and the closing date set we immediately called the new owners to inquire as to their intended use of the property and our driveway. Once they explained what they planned we immediately expressed our concerns and presented our position that we were strongly opposed to the re- zoning of 117 Carleton Street unless there was a complete restriction of commercial and municipal vehicle access over our residential Property. The sale, however, was finalized with the new owners of 117 Carleton Street in full knowledge of our opposition. We had several meetings with them after this date to discuss the issue and re- iterate our position. At these meetings we discussed potential alternate solutions, including access via Beaver Brook House, but at no time did we ever stray from our position of opposing commercial and municipal access over our driveway and through our backyard. We understand from Ms. Herring's letter that the PAC will be hearing presentations on this issue on February 26, 2008. Unfortunately due to a previous personal commitment, booked last summer well before this issue came up, we will be out of the country on that date. Therefore we cannot present our concerns in person. We apologize for this and hope that we have communicated our concerns to you clearly in this letter and the previous one dated January 12, 2008. However, we have a friend and co- worker, Brent MacDonald, who will be presenting to you on our behalf on February 26. Brent also lives in the uptown area and not only shares our concerns regarding this issue but also our commitment to Uptown Saint John. Please note that we will be presenting in person at the Common Council Meeting on March 3, 2008. 4 193 Finally, we would like to re- iterate our good fortune to have found this property last winter (2007) and how happy we are to be new citizens of Uptown Saint John. This house and the associated property has everything we want including off - street parking and a beautiful backyard (soon to be more beautiful) on a quiet street. In addition, we wanted an older home with lots of character which we could fix up; we also wanted to be within walking distance of the Uptown core where we both currently work. We use Uptown amenities as much as possible and have been bringing visitors from other parts of Canada as well international visitors to Saint John since we moved here. We are promoting Saint John as a place to live, in particular for people in our age group who are getting ready to have families and who want to buy residential property and settle doom. We love our home at 62 Sewell Street and want to live here for a long time, raise a family and be part of Uptown Saint John. We want our life here in Uptown Saint John to continue. Please help us accomplish that goal by not allowing the re- zoning of 117 Carlton Street to go forward unless there is a complete restriction of commercial and municipal vehicle access of any shape or form through our driveway and backyard to 117 Carleton Street, particularly in light of other viable parking options that we have outlined in this letter. it is our strong belief that our rights, as the property owners of the driveway, should supersede those of the new owners of 117 Carleton Street, and that the use of our driveway and backyard for any level of commercial or municipal vehicle access is inappropriate, unsafe and will significantly affect our ability to enjoy our home and life at 62 Sewell Street. We appreciate the opportunity to voice our opposition to the re- zoning and proposed Municipal Development Plan amendment for 117 Carleton Street. Please do not hesitate to contact us if you have any questions or comments, or require clarification on the information we have presented in this letter. We can be reached by mail at the address listed below, by phone at (506) 214 -0282, or by email at paula.a.afonso@gmail.com. Best reg9rds, Bryn Lee Jamieson Property Owners 62 Sewell Street Saint John, NB E2L 3A4 Attachments: Figures 1 and 2 CC. Matt Hayes, McInnes Cooper 5 194 A13 X Angell Afonso Large P Id 4 Peel She is La I .:-,ITThrough, I m _bI PR47., ¢1i ��Fyn�PaWtx lart¢�,t ��' rr� °� w' w a ;�� r�� V W, ON _71 V 41 ION Vu fB:rbbk H lq, WIN ZI Legend A "i IGI 62 Sewell St. 117 Carleton St. Existing Easement Planned Parking Lot Figure 2 — Location Key Map 196 02 -22 -06 11:06 LAWTONS MECHANICAL INC ID= February 22,2008. City of SAINT JOHN PLANNING / ADVISORY COMMITTEE P.O.BOX 1971 SAINT JOHN,N.B. E2L4L1 SUBJECT, 117 CARLETON ST. PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENT, DEAR SIRS, I AM THE NEIGHBOURING PROPERTY OWNER OF 53,57 AND 61 SEWELL ST. PROPERTIES.CONSIDERING THE INFORMATION PROVIDED IN YOUR INFORMATION LETTER 1 AM EXPRESSING MY VIEW AGAINST THE PROPOSAL BASED ON THE .FOLLOWING FACTS. LWINTER CONDITIONS ON THIS STREET ARE VERY HAZARDOUS AND IT OFTEN HAS HIGH SNOW BANKS.PARKING IS ONLY ALLOWED ON ONE SIDE OF SEWELL ST. IN WINTER.DIFFICULTIES WOULD a1~ ENCOUNTERED ENTERING AND LEAVING THE NARROW DRIVEWAY.fT 1S LESS THAN 15 FEET WIDE AND OFTEN BLINDED BY SNOW BANKS AND CARS, 2.1 DO NOT BELIEVE THERE IS SUFFICIENT ROOM AT THE REAR OF THE SITE TO PARK 6 TO 12 CARS.WHERE WOULD THEY DISPLACE OR PLOW SNOW TO PROVIDE PARKING, I WOULD NOT BE AGAINST THE PROPOSAL BASED ON THE PROVISION THAT ALTERNATIVE PARKING SPACES ARE PROVIDED BY THE LAW FIRM TO CONFORM WITH BY -LAW REGULATIONS. OURS TRULY, GORDON LAWTON 53 SEWELL ST, SAINT 1014N,N,B.E2L3A3 PHONE, 658 -1469 K I�P -02 AN 197 Application for a Zoning By -law Amendment and Demande de modification a Parretti sur le zonage DevaoPmAk SAeme erne^" et au probe+ d Otmgnay+c -me�� 01C 1 'esf de, SOL"htt John Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Mailing Address of applicant / Addresse postale du demandeur Postal Code / Code postal Telephone Number / N=&o de tdldphone _ (� °` /� C Home / Domicile '0 Work / Travail 4!'7 _5 Fax Number/ Numdro de tdldcopieur Name of Property Owner (if different) / Nom du propri&aire (si different) Address / Adresse l . SS <: ?30 AJ Po C % �PZI V1_ /GAP Postal Code / Code postal •2 - ° ! Z V'i Property Information / Renseignements sur la propriete Location / Emplacement i7`(S 6665 it Cr • SS 12 � 3�j � SSI Z43 o) )� 66< " Local Con Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot t 2 0 h a.. Street Frontage / Facade sur rue Existing Use of Property / Utilisation actuelle de la propridtd F'__.C/ f F. 1 Municipal Plan land Use Designation Ddsignation de utilization des terres sur le plan municipal Luw Amendment Requested / Modification demandee Present Zoning / Zonage actuel 19 Change Zoning to / Modification du zonage a ft _Z 4 and/or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les ddtails) iW4 Development Proposal / Proposition d'aminagement Description of proposal / Description de la proposition You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a 1'echelle illustrant votre proposition. Vous pouvez egakment fournir des photographies, des plans de batiment, des dessins de plan d'elevation et toute autre forme de renseignement Le plan dolt indiquer les dimensions de la propriete, 1'emplacement de la totalite des bdtiments, des allees, des sires de stationnement, des amenagements paysagers et des panneaux de signalisation. R est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved / Fournir tout autre renseignement concernant votre proposition qui pouirait titre approuvees. j --5 Provide any other information about your proposal that would be helpful. / Fournv tout autre renseignement concernant votre proposition qui pourrait titre utile. -za sCli�O o C' f V s y r .' z� Signature of Applicant / Signature du demandeur ❑ 5400 Application Fee Enclosed / Ci -joint les frais de demande de 400 $ If you are not the owner of the land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuilkz obtenir la signature du proprietaire dons la partie the owner is authorizing this application to proceed ci- dessous. La signature du proprietaire autorisant le for consideration by Common Council. traitement de to presente demande pour que cette derniere snit examinee par le conseil communal. Signature of Owner (if applicable) Signature due proprietaire (s'd y a lieu) / Date: IE%11%7 .2 t I � 'I �v �a 2.� Is , 1 In §m 'o cy a o: Lu 78 a m ;"M t; 0 0 H I er z 4°-r 1 laf 0 00 u1 .,Am •w '0013 vs 4z Z.2 Cot 101 zol 101 tal 1-1 Got roj 66101 96 1-1 4 uo;lo" 5 1 Z6 t01 c 96 401 U 'elp PI ;Rill *6 4-1 C6 01 ofL6 1.1 06 1-1 69 t eg 1-1 r fjjaq*ON LQ 101 all 10 IF te t LQ wwq L9 9 69 W ffigS 0 IL t01 N% IL lo, 4 XDM Jat4jDaH cL 101 L. VA 3; jot I- io It 1 94 1011 81', vac l01 8 ff •�, o,, i.. °tt. 9! 0 u LL 14 % 2L It .1 " W 6L '64 to, QUO-1 ApDqS jinoo iAl P110 -I Z. W6M v 101 200 91zo—1 \` a _ 1 ' i f� L January 21, 2008 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors SUBJECT: Proposed Development Scheme Plan Amendment — Heather Way, Grandview Avenue & Wyatt Crescent A Public Presentation was made on December 17, 2007 of a proposed amendment to the Saint John East Development Scheme by removing from the Scheme a parcel of land with an area of approximately 20 hectares, located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent, also identified as being PID Numbers 00456640, 00456657, 00456665, 55124341 and 55124358, together with the Local Common located adjacent to PID Numbers 00456640, 00456657 and 00456665 to permit the rezoning of the subject area to undertake a conventional residential subdivision development as requested by Harold Coughlan. The required advertising has been completed, and attached you will find a copy of the application, public notice and insertion order of the proposed municipal plan amendment. No written objections to the proposed amendment have been received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, March 3, 2008 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. RespectfullLy, submitted, Elizabeth Gormley Assistant Common Clerk Attachment SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 202 SAINT JOHN EAST DEVELOPMENT SCHEME & PROPOSED ZONING BY -LAW AMENDMENT RE: HEATHER WAY, GRANDVIEW AVENUE AND WYATT CRESCENT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider the following amendments at its regular meeting to be held on Monday, March 3, 2008 at 7:00 p.m. by: (1) Amending the Saint John Development Scheme that would remove from the Scheme a parcel of land with an area of approximately 20 hectares, located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent, also identified as being PID Nos. 00456640, 00456657, 00456665, 55124341 and 55124358, together with the Local Common located adjacent to PID Nos. 00456640, 00456657 and 00456665, as illustrated below. (2) Amending The City of Saint John Zoning By- law by rezoning the same parcel of land from "RS- 2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential. (INSERT MAP) REASON FOR CHANGE: PROJET D'AMENAGEMENT DE L'EST DE SAINT JOHN ET PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: VOIE HEATHER, AVENUE GRANDVIEW ET CROISSANT WYATT Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'apporter les modifications suivantes lors de la reunion ordinaire qui se tiendra le lundi 3 mars 2008 a 19h : (1) Modifier le plan d'am6nagement de Pest de Saint John qui enl6verait du plan une parcelle de terrain d'une superficie d'environ 20 hectares, situee des deux c6tes de la voie Heather, entre 1'avenue Grandview et le croissant Wyatt, et portant les NID 00456640, 00456657, 00456665, 55124341 et 55124358, de m6me que le bien -fond collectif adjacent aux NID 00456640, 00456657 et 00456665, comme le montre la carte ci- dessous. (2) Modifier Farr&6 sur le zonage de The City of Saint John en modifiant le zonage de la parcelle de terrain pr6cit6e pour la faire passer de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» a zone r6sidentielle — habitations unifamiliales et bifamiliales <<R -2» . (INSERER LA CARTE) RAISON DE LA MODIFICATION: To permit a conventional residential subdivision Permettre Fam6nagement d'une subdivision development. r6sidentielle conventionnelle. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hall. Toute personne int6ressee peut examiner le projet de modifications au bureau du greffier communal ou au bureau de 1'urbanisme et du d6veloppement a Fh6tel de ville au 15, Market Square, Saint John, N. -B., entre 8h30 et 16h30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a 1'attention du soussign6 a 116tel de ville. K9191 J. Patrick Woods, Common Clerk J. Patrick Woods, greffier communal 658 -2862 658 -2862 KIM, SAINT JOHN EAST DEVELOPMENT SCHEME & PROPOSED ZONING BY -LAW AMENDMENT RE: HEATHER WAY, GRANDVIEW AVENUE AND WYATT CRESCENT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider the following amendments at its regular meeting to be held on Monday, March 3, 2008 at 7:00 p.m. by: (1) Amending the Saint John Development Scheme that would remove from the Scheme a parcel of land with an area of approximately 20 hectares, located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent, also identified as being PID Nos. 00456640, 00456657, 00456665, 55124341 and 55124358, together with the Local Common located adjacent to PID Nos. 00456640, 00456657 and 00456665, as illustrated below. (2) Amending The City of Saint John Zoning By -law by rezoning the same parcel of land from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential. (INSERT MAP) REASON FOR CHANGE: To permit a conventional residential subdivision development. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 ------------------------------------------------------------------ PROJET D'AMENAGEMENT DE L'EST DE SAINT JOHN ET PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: VOIE HEATHER, AVENUE GRANDVIEW ET CROISSANT WYATT Par les presentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'apporter les modifications suivantes lors de la r6union ordinaire qui se tiendra le lundi 3 mars 2008 a 19h : (1) Modifier le plan d'amenagement de Pest de Saint John qui enleverait du plan une parcelle de terrain d'une superficie d'environ 20 hectares, situ6e des deux c6t6s de la voie Heather, entre Favenue Grandview et le croissant Wyatt, et portant les NID 00456640, 00456657, 00456665, 55124341 et 55124358, de meme que le bien -fond collectif adjacent aux NID 00456640, 00456657 et 00456665, comme le montre la carte ci- dessous. (2) Modifier Parretti sur le zonage de The City of Saint John en modification du zonage de la parcelle de terrain precit6e pour la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» a zone residentielle — habitations unifamiliales et bifamiliales <<R -2» . K9191 (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre 1'am6nagement d'une subdivision r6sidentielle conventionnelle. Toute personne int6ress6e peut examiner le projet de modifications au bureau du greffier communal ou au bureau de 1'urbanisme et du d6veloppement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8h30 et 16h30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a Pattention du soussign6 a 116tel de ville. J. Patrick Woods, greffier communal 658 -2862 K911.1 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: 506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, February 5, 2008 Tuesday, February 26, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender Proposal © Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 QIYA January 30, 2008 Mr. Harold Coughlan 600 Main Street, Suite 110 Saint John, NB E2K 1J5 Dear Sir: At a meeting of the Common Council, held on January 21, 2008, the following resolution was adopted, namely:- "RESOLVED that the proposed Saint John East Development Scheme Plan Amendment for Heather Way, Grandview Avenue and Wyatt Crescent be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on Monday, March 3, 2008 at 7:00 p.m. in the Council Chamber." Enclosed is a copy of the Public Notice in this regard. Yours truly, Elizabeth Gormley Assistant Common Clerk EG /slc Enclosure r SAINT P.O. Box 1971 Saint John, NB Canada E2L 41 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 41 208 SAINT JOHN EAST DEVELOPMENT SCHEME RE: HEATHER WAY, GRANDVIEW AVENUE AND WYATT CRESCENT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Saint John East Development Scheme that would remove from the Scheme the following property: A parcel of land with an area of approximately 20 hectares, located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent, also identified as being PID Nos. 00456640, 00456657, 00456665, 55124341 and 55124358, together with the Local Common located adjacent to PID Nos. 00456640, 00456657 and 00456665, as illustrated below. (INSERT MAP) A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Monday, December 17, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the rezoning of the subject area in order to undertake a conventional residential subdivision development. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by January 16, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk 658 -2862 PROJET D'AMENAGEMENT DE L'EST DE SAINT JOHN OBJET: VOIE HEATHER, AVENUE GRANDVIEW ET CROISSANT WYATT Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John a l'intention d'etudier une modification du projet d'am6nagement de Pest de Saint John a y enlever la propriete suivante : une parcelle de terrain d'une superficie d'environ 20 hectares, situee des deux c6tes de la voie Heather, entre 1'avenue Grandview et le croissant Wyatt, et portant les NID 00456640, 00456657, 00456665, 55124341 et 55124358, de meme que le bien -fond collectif adjacent aux NID 00456640, 00456657 et 00456665, comme le montre la carte ci- dessous. (INSERER LA CARTE) Une presentation publique du projet de modification aura lieu au cours de la reunion ordinaire du conseil communal prevue le lundi 17 decembre 2007 dans la salle du conseil, au niveau du hall d'entree, a Fh6tel de ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain en question de sorte a entreprendre Pamenagement d'une subdivision residentielle conventionnelle. Veuillez faire part au conseil par ecrit de vos objections au projet de modification au plus tard le 16 janvier 2008 a 1'attention du soussign6. Pour toute demande de renseignements, veuillez vous adresser au bureau du greffier communal ou au bureau de 1'urbanisme et du developpement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. J. Patrick Woods, greffier communal 658 -2862 Kole.] SAINT JOHN EAST DEVELOPMENT SCHEME RE: HEATHER WAY, GRANDVIEW AVENUE AND WYATT CRESCENT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Saint John East Development Scheme that would remove from the Scheme the following property: A parcel of land with an area of approximately 20 hectares, located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent, also identified as being PID Nos. 00456640, 00456657, 00456665, 55124341 and 55124358, together with the Local Common located adjacent to PID Nos. 00456640, 00456657 and 00456665, as illustrated below. (INSERT MAP) A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Monday, December 17, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the rezoning of the subject area in order to undertake a conventional residential subdivision development. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by January 16, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk 658 -2862 ------------------------------------------------------------ - - - - -- PROJET D'AMENAGEMENT DE L'EST DE SAINT JOHN OBJET: VOIE HEATHER, AVENUE GRANDVIEW ET CROISSANT WYATT Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a l'intention d'6tudier une modification du projet d'am6nagement de Pest de Saint John a y enlever la propriete suivante : une parcelle de terrain d'une superficie d'environ 20 hectares, situ6e des deux c6t6s de la voie Heather, entre 1'avenue Grandview et le croissant Wyatt, et portant les NID 00456640, 00456657, 00456665, 55124341 et 55124358, de meme que le bien -fond collectif adjacent aux NID 00456640, 00456657 et 00456665, comme le montre la carte ci- dessous. (INSERER LA CARTE) Une presentation publique du projet de modification aura lieu au cours de la r6union ordinaire du conseil communal prevue le lundi 17 decembre 2007 dans la salle du conseil, au niveau du hall d'entree, a 116tel de ville. RAISON DE LA MODIFICATION: 4191 Permettre le rezonage du terrain en question de sorte a entreprendre 1'amenagement d'une subdivision residentielle conventionnelle. Veuillez faire part au conseil par ecrit de vos objections au projet de modification au plus tard le 16 janvier 2008 a Fattention du soussign6. Pour toute demande de renseignements, veuillez vous adresser au bureau du greffier communal ou au bureau de Furbanisme et du developpement a Vh6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. J. Patrick Woods, greffier communal 658 -2862 211 November 27, 2007 / 27 novembre 2007 Mr. Harold Coughlan 600 Main Street, Suite 110 Saint John, NB E2K 1J5 Dear Sir: Monsieur, Madame, Re: HEATHER WAY, GRANDVIEW Objet: VOIE HEATHER, AVENUE AVENUE AND WYATT CRESCENT GRANDVIEW ET CROISSANT WYATT WYATT Enclosed is a copy of the Public Notice regarding a proposed Municipal Plan amendment for redesignation of the above property. Following the date for the receipt of objections, namely, January 16, 2008, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee. Vous trouverez ci- annex6e une copie de 1'avis public relatif a une modification envisag6e au plan municipal en vue de la redesignation de la propri6t6 ci- dessus. Apr6s la date de reception des objections, c'est -6 -dire le 16, Janvier, le Conseil communal pourrait autoriser la publication des avis n6cessaires en vue de I'audience publique et demander les opinions du Comit6 consultatif d'urbanisme. Yours truly, Veuillez agr6er, Monsieur, Madame, 1'expression de nos sentiments distingu6s. Elizabeth Gormley Assistant Common Clerk / Greffi6re communal adjointe EG /mjs encl. 411 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, December 4, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: E] General Notice 0 Tender Proposal ® Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 a P-1 BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 20 hectares, located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent, also identified as being PID Nos. 00456640, 00456657, 00456665, 55124341 and 55124358, together with the Local Common located adjacent to PID Nos. 00456640, 00456657 and 00456665, from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential classification. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/ Maire ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arret6 sur le zonage de The City of Saint John, decrete le dix -neuf (19) d6cembre 2005, est modifi6 par: 1 La modification de 1'annexe <<A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 20 hectares, situee des deux c6t6s de la voie Heather, entre Favenue Grandview et le croissant Wyatt, et portant les NID 00456640, 00456657, 00456665, 55124341 et 55124358, de m6me que le bien -fond collectif adjacent aux NID 00456640, 00456657 et 00456665, de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» a zone residentielle — habitations unifamiliales et bifamiliales <<R -2». - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2007, avec les signatures suivantes : Common Clerk/Greffier communal 214 First Readinu - PrPmidra lapfiira BY -LAW NUMBER C.P. 12- A LAW TO AMEND THE DEVELOPMENT SCHEME BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The By -law of The City of Saint John entitled "Development Scheme By- law", enacted on the 19th day of December, A.D. 2005 is amended by: 1 Amending the Saint John East Development Scheme by removing from the Scheme a parcel of land with an area of approximately 20 hectares, located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent, also identified as being PID Nos. 00456640, 00456657, 00456665, 55124341 and 55124358, together with the Local Common located adjacent to PID Nos. 00456640, 00456657 and 00456665 - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire ARRETE No C.P. 12- ARRETE MODIFIANT L'ARRETE PORTANT ADOPTION D'UN PROJET D'AMENAGEMENT Lors d'une reunion du Conseil communal, The City of Saint John a 6dict6 ce qui suit : L'arret6 de The City of Saint John intitul6 « Arret6 portant adoption d'un projet d'am6nagement» d6cret6 le 19 d6cembre 2005 est modifi6 par: 1 la modification du plan d'am6nagement de Pest de Saint John a y enlever une parcelle de terrain d'une superficie d'environ 20 hectares, situ6e des deux c6tes de la voie Heather, entre Favenue Grandview et le croissant Wyatt, et portant les NID 00456640, 00456657, 00456665, 55124341 et 55124358, de m6me que le bien -fond collectif adjacent aux NID 00456640, 00456657 et 0046665 - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2008, avec les signatures suivantes: Common Clerk/Greffier communal 215 First Reading - Premi6re lecture - February 29, 2008 Your Worship and Councillors: SUBJECT: Development Scheme Amendment and Rezoning Hart to Hart Subdivision 50 & 51 Heather Way On January 21, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 26, 2008 meeting. The applicant and Developer (Harold Coughlan and John Hart respectively) appeared before the Committee in support of the application and staff recommendation. There were six area residents who appeared before the Committee. These residents were supportive of the proposed residential subdivision but expressed concerns with regards to the following: blasting as it related to possible damage to existing homes and drilled wells; the loss of trees as it related to surface drainage and privacy /quality of life /ecology; and anticipated construction traffic and noise. One resident also expressed concern with regards to an existing garage encroachment onto the subject property. There were also four letters received from residents expressing similar concerns (see attachments). The applicant indicated that the Developer had over forty years of experience constructing homes in the Saint John region as a reputably builder, and that the Developer was well aware of the rock situated over the property. Any blasting would be done by a licensed professional undertaking all the necessary precautions associated with this Provincially regulated activity. It was the intention to minimize rock extraction by developing with the existing topography as much as possible, and possibly constructing some homes with slab foundations. A mechanical rock breaker might also be used where feasible. After considering the report and presentations, the Committee resolved to adopt an amended staff recommendation, which is set out below for your convenience. This amended recommendation contains Section 39 conditions meant to address the concerns with respect to blasting. 216 Planning Advisory Committee February 29, 2008 Page 2 The Committee also favourably recommended the proposed subdivision, and granted the requested variances and street names. These subdivision matters are contained in a separate letter by the Committee, which would be considered at the time of third reading. RECOMMENDATION: That Common Council amend the Saint John Development Scheme by removing from the Scheme a parcel of land with an area of approximately 20 hectares (49 acres), located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent, also identified as being PID Nos. 00456640, 00456657, 00456665, 55124341 & 55124358, together with the Local Common located adjacent to PID Nos. 00456640, 00456657 & 00456665. 2. That Common Council amend the City of Saint John Zoning By -law by rezoning the same parcel of land from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of the parcel of land with an area of approximately 20 hectares (49 acres), located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent, also identified as being PID Nos. 00456640, 00456657, 00456665, 55124341 & 55124358, together with the Local Common located adjacent to PID Nos. 00456640, 00456657 & 00456665, be subject to the following conditions: (a) Prior to any blasting taking place on the property, inspections must be performed on all homes adjacent to the development and those separated from the development by a street; and (b) Blasting only occur between the hours of 7:00 a.m. to 7:00 p.m. Monday to Friday. Respectfully submitted, Stephen Horgan Chairman MRO Attachments Project No. 08 -004 217 DATE: FEBRUARY 22, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 26, 2008 Type of Application: Development Scheme Amendment, Rezoning, Subdivision and Variances that would: 218 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Harold Coughlan Name of Owner: Hart to Hart Builders Inc. Location: 50 & 51 Heather Way (File) PID: 00456640, 00456657, 00456665, 55124341 & 55124358 Municipal Plan: Low Density Residential Zoning: Existing: "RS -2" One and Two Family Suburban Residential Proposed: "R -2" One and Two Family Residential Proposal: To undertake a subdivision development consisting of new public streets with approximately 145 serviced residential lots. Type of Application: Development Scheme Amendment, Rezoning, Subdivision and Variances that would: 218 Hart to Hart Subdivision 50 & 51 Heather Way Page 2 February 22, 2008 (a) Allow a four way intersection within a new residential subdivision when only T- intersections are permitted; (b) Reduce the minimum turnaround diameter of 37.5 metres (124 feet) to approximately 35 metres (115 feet); (c) Reduce the minimum street intersection separation distance of 60 metres (200 feet) to approximately 44 metres (144 feet) and 30.5 metres (100 feet); and (d) Reduce the lot depth and width of five proposed lots. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to development schemes and rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, March 3, 2008. The Community Planning Act also authorizes the Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and municipal services and public utility easements, as well as cost - sharing for piping materials outside the limits of the subdivision and the authorization of City/Developer Subdivision Agreements. The Act further authorizes the Committee to grant reasonable variances from the requirements of the Subdivision and Zoning By -laws. Conditions can be imposed by the Committee. Finally, the Subdivision By -law authorizes the Committee to approve the names of new streets. STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Saint John Development Scheme by removing from the Scheme a parcel of land with an area of approximately 20 hectares (49 acres), located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent, also identified as being PID Nos. 00456640, 00456657, 00456665, 55124341 & 55124358, 219 Hart to Hart Subdivision 50 & 51 Heather Way Page 3 February 22, 2008 together with the Local Common located adjacent to PID Nos. 00456640, 00456657 & 00456665. 2. That Common Council amend the City of Saint John Zoning By -law by rezoning the same parcel of land from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential. That, if and when third reading to the rezoning is given, Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Hart to Hart tentative subdivision plan illustrating new public and future streets with approximately 145 serviced residential lots, as well as any necessary municipal services and public utility easements, on the following conditions: (a) That no driveway be constructed to or over any future street public right -of -way until such time such right -of -way is developed by a subdivider to acceptable public street standards; and (b) That a notation referencing the above condition be clearly placed on all registered final subdivision plans for this development. 4. That Common Council assent to the proposed Land for Public Purposes dedications with an approximate total area of 0.8 hectares (1.9 acres), as illustrated on the submitted Hart to Hart tentative subdivision plan, which also provides a credit of 1,282 square metres (13,800 square feet), on the following conditions: (a) That a concrete walkway be constructed through the L.P.P. parcel proposed between Pacific Avenue and Boyaner Crescent & Hart Avenue and Canary Crescent; and (b) That these walkways be constructed to the specifications of the Chief City Engineer, including any necessary drainage facilities, and this work be included in the appropriate City/Developer Subdivision Agreement(s). 5. That Common Council amend its resolution of November 19, 2007 by allowing the developer to apply the Land for Public Purposes dedication credit of this subdivision to the previously approved Hart to Hart Builders Inc. Subdivision (Parcel "D ") at 256 Wyatt Crescent. 6. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 220 Hart to Hart Subdivision 50 & 51 Heather Way Page 4 February 22, 2008 7. That Common Council authorize cost sharing outside of the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By -law. 8. That the Planning Advisory Committee grant the following variances from the requirements of the Subdivision and Zoning By -laws that would: (a) Allow a four way intersection within a new residential subdivision when only T- intersections are permitted; (b) Reduce the minimum turnaround diameter of 37.5 metres (124 feet) standard to approximately 35 metres (115 feet) for proposed Lady Court; (c) Reduce the minimum street intersection separation distance of 60 metres (200 feet) to approximately 44 metres (144 feet) and 30.5 metres (100 feet) for the intersections of Pacific Avenue and Hart Avenue onto Heather Way & Lady Court and Appleton Street onto Heather Way respectively; (d) Reduce the minimum lot depth requirement of 30 metres (100 feet) to approximate depths of 22 metres (72 feet) or greater for proposed Lots 50, 97 & 110; and (e) Reduce the minimum lot width requirement of 21 metres (69 feet) to approximate widths of 20 metres (66 feet) or greater for the proposed corner Lots 20 & 145. 8. That the Planning Advisory Committee approve the following street names for this proposed subdivision: "Kendall Court," "Shady Lane," "Pacific Avenue," "Appleton Street," "Lady Court," "Hart Avenue," "Adams Court," "Newberry Court," "Canary Crescent," and "Grafton Street." INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to this application and requested variances. The following additional comments have been received: (a) It is suggested that LPP -1 adjacent to Boyaner Crescent include a walkway to facilitate pedestrian traffic in the area. (b) It should be mentioned that there is another significant development proposed in this area. The current Cottage Hill Zone (water) requires some upgrades to accommodate the anticipated residential development in this part of the city. This matter is presently being studied by consultants. 221 Hart to Hart Subdivision 50 & 51 Heather Way Page 5 February 22, 2008 (c) Additionally, wastewater flows generated by this development would be directed to the Hickey Road WWPS. This station needs to be assessed by a consultant to determine if the existing pumping station is capable of handling the additional capacity that this overall development will eventually require. (d) Furthermore, it should be noted that sewer system upgrades in this area may be required. This would have to be identified, and if upgrades are required, this must be completed prior to the addition of any flows. (e) MO &E does not object to the approval and commencement of the proposed overall subdivision development, but does wish to advise the developer and his consultants that system upgrades will become necessary in order to accommodate such a large scale project. These matters will be addressed as the subdivision development proceeds in phases. Building and Technical Services has no concerns with regards to this application. Saint John Transit has indicated that the area is currently very well served and has no concerns with the proposal. Saint John Energy has indicated that services will need to be extended in order to provide underground utilities to the proposed lots. Servicing plans will need to be submitted for approval, and discussion with regards to costs and easement requirements will need to occur with the developer and his consultants. Aliant Telecom has no issues with this residential subdivision development. Rogers has been advised of this application. Maritimes & Northeast Pipeline has no concerns with regards to this residential development. Leisure Services has been advised of this subdivision project. Fire Department has no objection to the proposed subdivision development. The following additional comments have been received: (a) The street network will have to adhere to the National Building Code Standard 3.2.5.6 (Access Route Design); (b) Saint John Fire Department reserves the right to accept any turnaround areas proposed by the developer. A site assessment will be required for the purposes of determining whether fire apparatus can turn in any of the proposed cul -de -sacs; 222 Hart to Hart Subdivision Page 6 50 & 51 Heather Way February 22, 2008 (c) The fire hydrant network must be installed and maintained in accordance with City standards, and the Fire Department reserves the right to assess the final plan with respect to appropriateness of hydrant placements. Saint John Police Force has been advised of this proposal. School Board has been advised of this proposed subdivision. ANALYSIS: Subject Property and Neighbourhood The subject property is situated between Boyaner and Wyatt Crescents and Grandview Avenue on both sides of Heather Way (see attached location map). The site is mostly covered with mature evergreens and rock outcropping. The property has a total area of 20 hectares (49 acres) and is comprised of six parcels of land. All the properties are owned by the developer (Hart to Hart Builders Inc.), except for a 3.1 metre (10 foot) wide Local Common approximately midway between Wyatt Crescent and Grandview Avenue. This parcel is (or will become) under the ownership of the developer soon. Most of the area immediately to the north has been developed with one - family, two - family (semi - detaches) and townhouses. This residential development has occurred under the Saint John Development Scheme in the case of the Boyaner and Wyatt Crescents, with the neighbourhoods further north being developed under the more conventional requirements of the City's Subdivision and Zoning By -laws. Also worth noting is a new residential subdivision currently under development at the end of Eagle Boulevard by North Star Holdings Inc. That project will create approximately 30 new serviced residential lots. The City also tentatively approved a 13 lot subdivision for Hart to Hart Builders Inc. late last year at 256 Wyatt Crescent. To southeast is ribbon residential development along Grandview Avenue, and a long existing residential subdivision is situated to the west (i.e., Flecknell Avenue neighbourhood). The lands to the immediate south on the opposite side of Grandview Avenue have remained undeveloped. Development Proposal The developer is proposing to carryout a residential subdivision consisting of approximately 145 serviced residential lots along ten new public streets (see submitted Hart to Hart tentative subdivision plan). The existing and proposed zoning would permit the construction of one and two - family dwellings, though recent media coverage of the projects suggests the developer is primarily interested in constructing one - family detached homes. 223 Hart to Hart Subdivision Page 7 50 & 51 Heather Way February 22, 2008 The proposed subdivision design can satisfy all applicable Subdivision and Zoning By -law requirements except as further discussed in this report. Most of the anticipated traffic would be directed onto Heather Way. There would be two new streets connecting to Wyatt Crescent, one street connecting to Grandview Avenue, and three new residential lots abutting Boyaner Crescent. The project also involves dedications of Land for Public Purposes further explained in this report. Development Scheme Amendment and Rezoning Request In 1970 the Federal and Provincial Governments jointly purchased approximately 283 hectares (700 acres) of land between Grandview Avenue and Hickey Road in East Saint John. At that time the main objective was to increase the availability of serviced land for low income families. To meet this objective it was decided that the normal development standards would be abandon for new, innovative concepts that offered design efficiencies and cost savings to the intended market group. As provided in Section 32 of the Community Planning Act this initiative was embodied in the Saint John Development Scheme. The variety and flexibility of the subdivision, site development, and building design can be seen in the neighbourhoods of Boyaner and Wyatt Crescent (please see attached concept site plans from the Saint John East Development Plan). Similar to other recent developers, however, the proponent is requesting permission to pursue a housing project under the conventional standards of the City's Subdivision and Zoning By -laws (see attached Hart to Hart tentative subdivision plan). The developer is also seeking permission to rezone the subject property from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential. While either zone permits one or two - family dwellings, the proposed new zone would be more appropriate for urban development, requiring a minimum lot area and width that is approximately 20% less than the existing suburban zoning. The proposed lots would still be larger than the lots along Boyaner and Wyatt Crescents. In fact, most of the anticipated lots exceed the "R -2" minimum standards (except for five lots requiring variances relating to lot depth and width — see next section of this report). The Municipal Development Plan has designated the general area as Low Density Residential. This designation permits the construction of one, two, and multiple family dwellings and townhouses provided they are compatible with existing neighbourhoods. Given the compatibility of the proposed subdivision with the existing area, and consistent with similar applications approved for other subdivision applications in recent years, the request to remove the subject lands from the Development Scheme and rezone the same to "R -2" can be recommended for approval. Requested Subdivision and Zoning By -law Variances 224 Hart to Hart Subdivision 50 & 51 Heather Way Page 8 February 22, 2008 The proposed "R -2" One and Two Family Residential zone requires a minimum lot area of 550 square metres (5,920 square feet), a minimum lot width of 18 metres (59 feet) or 21 metres (69 feet) in the case of corner lots, and a minimum lot depth of 30 metres (100 feet). These minimum lot standards are larger than the "R -1B" One Family Residential zoning for the developing Eastwood Subdivision further north, and significantly larger than the properties developed along Boyaner and Wyatt Crescents under the Development Scheme. The area of all the proposed lots exceed the minimum standard of the proposed zone, and most exceed the width and depth requirements. In addition, the design of the new street network can almost completely satisfy the requirements of the Subdivision By -law. However, there are certain By -law deficiencies necessary for the overall tentative subdivision plan. They include: (a) The allowance a four way intersection (i.e., Pacific Avenue, Appleton Street, &Lady Court) within a new residential subdivision when only T- intersections are permitted; (b) The reduction of the minimum turnaround diameter standard of 37.5 metres (124 feet) to approximately 35 metres (115 feet) for proposed Lady Court; (c) The reduction of the minimum street intersection separation distance standard of 60 metres (200 feet) to approximately 44 metres (144 feet) and 30.5 metres (100 feet) for the intersections of Pacific Avenue and Hart Avenue onto Heather Way & Lady Court and Appleton Street onto Heather Way respectively; (d) The reduction of the minimum lot depth requirement of 30 metres (100 feet) to approximate depths of 22 metres (72 feet) or greater for proposed Lots 50, 97 & 110; and (e) The reduction of the minimum lot width requirement of 21 metres (69 feet) to approximate widths of 20 metres (66 feet) or greater for the proposed corner Lots 20 & 145. With respect to the street design, Municipal Operations and Engineering (Traffic Division) has carefully considered the proposed intersections and has advised that they are acceptable. In particular, a four way intersection with Pacific Avenue, Hart Avenue and Heather Way was examined, but such an intersection would require traffic lights. The proposed T- intersections would better facilitate traffic flow along this boulevard. The proposed intersections have sufficient distance to accommodate the turning of vehicles. With respect to the variances being sought relating to lot depth and width, these variances are seen as rather minor in nature, and each of the five lots in question have more than adequate space to accommodate the construction of a modern dwelling. Therefore, the requested variances have been recommended for approval. 225 Hart to Hart Subdivision Page 9 50 & 51 Heather Way February 22, 2008 Subdivision Work and Facilities The developer will be responsible to construct all the proposed public streets to full urban standards, including an asphalt surface, concrete curbing, and a concrete sidewalk. The developer will also be responsible to install municipal sewer, water, and storm services. In light of the comments from Municipal Operation and Engineering, this work will need to be carefully coordinated with anticipated improvements to the City's servicing infrastructure for the general area. Underground public utilities will need to be extended into the new development area. Costs and easements requirements will need to be discussed with applicable utility agencies. Finally, proper street lighting and signage will be necessary. The recommendation includes all the necessary assents and approvals for this subdivision proposal. Given the magnitude of the proposed subdivision development, it is clearly anticipated that the project will proceed in phases over a period of time. As provided in the recommendation, no driveways will be permitted to access the proposed future streets until such time they are constructed by a developer. This condition will affect proposed Lots 43, 45 & 121. Land for Public Purposes The Subdivision By -law requires a Land for Public Purposes dedication of 6,387 square metres (68,751 square feet) for this overall subdivision. The proposal includes two primary L.P.P. dedications. One dedication would be in the northwestern portion of the overall site. This L.P.P. parcel would be adjacent to Boyaner Crescent and two of the proposed new streets. The other significant dedication would be in the northeastern part of the subject property. Access would be provided by an undeveloped future street that would be owned by the City. This street would be constructed when the lands to the east are eventually developed. The developer is also proposing a 5 metre (16 foot) wide L.P.P. parcel between Hart Avenue and Canary Crescent. This parcel could be developed into a pedestrian walkway. The plan also illustrates several 1 metre (3.3 foot) wide reverse strips between lots abutting Heather Way and Grandview Avenue. The purpose for these L.P.P. strips is to prevent direct vehicular access onto these major streets. Such reverse strips were included in previous subdivision plans along Heather Way and Hickey Road. In total the developer is proposing to dedicate 1,282 square metres more than required. If accepted, this credit would be used to satisfy future L.P.P. requirements when remaining lands are eventually developed. As recommended, staff is suggesting that part of this credit (412 square metres or 4,435 square feet) be used for the previous subdivision tentatively approved for the 226 Hart to Hart Subdivision 50 & 51 Heather Way Page 10 February 22, 2008 developer in late 2007 at the corner of Wyatt Crescent and Heather Way. If this is accepted there would remain a 870 square metre (9,365 square foot) credit that could be applied to any future residential development occurring in the area. The approval of the proposed L.P.P. dedications is supported by staff, provided the developer constructs concrete walkways between Pacific Avenue and Boyaner Crescent & Hart Avenue and Canary Crescent to facilitate pedestrian traffic (i.e., students attending Simonds High School to the northwest). The City may also want to enhance the pedestrian crosswalk for residents living along the east side of Heather Way, especially when this project ,and the other mentioned Hart to Hart subdivision on the other side of Wyatt Crescent, are undertaken. As recommended, the construction of these walkways will be provided as part of the City/Developer Subdivision Agreement(s), and the construction details subject to the approval of the Chief City Engineer. Street Naming The Subdivision By -law requires that new street names be approved by the Planning Advisory Committee. City staff (Civic Addressing) has advised that the proposed names are all acceptable. In order to better distinguish between Wyatt Crescent and proposed Grafton Street a stop sign should be placed at this new intersection. This matter will be addressed when engineering plans are submitted for City approval. CONCLUSION: The developer is requesting to amend the Saint John Development Scheme and concurrently rezone the subject lands in order to undertake a substantial residential subdivision. The proposal is compatible with the surrounding residential neighbourhoods, and can generally satisfy all applicable Subdivision and Zoning By -law requirements except as discussed in this report. Approval of the requested amendments and variances can be recommended. The recommendation also includes all the necessary assents and other approvals for this project. Mxo Project No. 08 -004 227 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT _ R • III �� = � ` `�' .l� t / /� \� i i ° \ o * .� ;t+c�� . "� � `�✓ RS 2 P R. 1B 'z r; RM-1 Subject Site / site en question: •}1R Location: 50 & 51 Heather Way / voie Heather Date: November / novembre 27, 2007 Scale / echelle: Not to scale / Pas a 1'echelle 228 PID(s) / NIP(s): 00456640 00456657 00456665 55124341 55124358 'RF I • II I RpS.Ni RS 2 Subject Site / site en question: •}1R Location: 50 & 51 Heather Way / voie Heather Date: November / novembre 27, 2007 Scale / echelle: Not to scale / Pas a 1'echelle 228 PID(s) / NIP(s): 00456640 00456657 00456665 55124341 55124358 'RF I • II I ' �` i � • iit•! iFlj � it11 �1� � S ° � � d ry0 1 � /f �,� ;� 1'ef Bpi Al --- A y I C01 pl •. /�q 3 1 i• a [� I 10 pl 1 , , '• I ` �Y iRJ:�G =I� s � � i ce wt C � �• . • A ! I I 21 r a pl u �.� i t •+JSy s(i��(i re lol i 1F RS 1 6 wt iii `� L° 7Q RIB z l� A 1 y ea w, 0 91� ■Ss < A1� i :1.l1 „ 'R 112 1fs!' cA 1 ili ••� {_ UnoO .(uaQ!•�N / �S at y a/J 69 70 f. 1 r `LL• � � i 7 . 1 1 C l •, T .. i�.Se ! t, P h •. I �Q / X4'4 I � - � Jlk � Off'• �s - i . p N o< to, a r4 r• \ � � gz f � e OM layiOaH ! t S .0 wt �/ �O •{ b [ lal• • � • t W t I t ac w, $St $1S 0 .'tint �p1;y �Q O re[ M i1,A 1 -r_ reG wl y ft !1 : A!'"Sia•11�= a�i ,�, �' .. I t mss• max. �Fi-- i --�• 1 ouol AD °VS i WOO If-P-#)4 I C r, Fp I 11 i • \,0+7 i :��I�ia(i�xlg�9l;.Rlja_I�aslir� i• AI I 9120 -1 229 14 V< 4 -.1 � - !,; K•;R W w F-7 E_ i ------------ E J_ T Cc It, Ell ------------------------------------ 4 00 w w w w w w IN, 230 KI zC ------------ 231 0 3: K A • le v yl 10=0 71111 232 V N � DE rN RECEIVED PLANNING ADVISORY COMMITTEE FEB 25 2008 REGARDING: Development Scheme & Zoning By -Law Amendments, S6 ' 'sion and Variance Application (Hart to Hart Subdivision) - 50 & 51 Heather Way. NY Hello Committee Members: My name is Wayne Stephen my Wife Barbara and I have lived at 1419 Grandview Ave., Saint John, NB since 1985. We both have lived in Saint John for over 50 years each. I have lived on Grandview Ave for 46 years. Our land And residence boarders directly to 7 proposed lots and a parcel of land proposed for public purposes in the proposed Hart to Hart subdivision mentioned above and in the letter sent to me by this committee signed by Mark O'Hearn Dated February 06, 2008. I certainly do not want to stand in the way of the growth of Saint John. I do however have some major concerns with some of the aspects of this subdivision as my quality of life and Investment in this community will no doubt be changed forever. I would like to protect my quality of life and investment. And I would like to know how the Developer will deal with and protect my quality of life and personal Investment for the next 5 -7 years without the fear of loss of well water quality and or cracked and or a leaking foundation. • I and most of my neighbors are on drilled wells. The proposed Grafton St, Hart Ave, Canary St, Adams Ct, and Future St are definit2ly a rough terrain area with massive out crops of rock. I know this because I have lived in this area for most of my years. I have great concern regarding Blasting to allow for water sewage and all other underground services. • How will this massive civil work affect the quality of my water supply? We all know the trees and vegetation filter our ground water. Who will and how will I be compensated if my well is damaged? • I am very concerned about blasting damaging my foundation. • How will the quality of my well and foundation be guaranteed by the Developer to the known quality they are now in and d ors the Developer have a plan and insurance to cover these two issues? • I am concerned about the dust and noise of any blasting which will have to be done • What will the hours of work be confined to as far as blasting I would not like to have blasting done near my home on weekends 233 • I would like to see the contractor use Rock breakers instead of blasting. A. What about cutting down the mature forest in the area? Is there anything in effect to stop the developer from simply clear cutting the land and not developing it? Is there a time limit to finish the development and not leave a barren landscape? B. I have another concern regarding my mature trees on my lot. These trees will be in jeopardy when the surrounding mature forest is cut. I feel I will loose my trees to high winds as a forest depends on all its many trees to withstand high winds. • 1 also have a concern about the small size of these lots. I would like to see larger lots with larger homes which in turn would create the same tax revenue for the city. • If this committee were to drive by the site in particular Heather Way and Wyatt Crescent you would see 6 -12 feet of rock ledges which will need to be cut or blasted to allow this development. • What forum will be in place to address conflicts if needed in a timely manner? • Will the developer be erecting any privacy fencing? • Will the Developer be required to leave green space between our properties? • I am not apposed to this subdivision but as you can see I have my concerns. • As long term and current residents my wife Barbara and we have invested in this community and we wish to see it grow into something positive. Regards Wayne Stephen 234 To: Planning Advisory Committee From: Lee and Dorothy Miller, 1289 & 1295 Grandview Avenue. Subject: Hart to Hart Subdivision 50 & 51 Heatherway RECEIVED 3 FEB 25 i i We would like to take this opportunity to express our concerns on the subject .development. Fist of all we would like to ensure Hart Homes and the City of Saint John that we are pleased to see this area of the city being developed and have no intensions of hindering this development provided our concerns are addressed in an acceptable manner. We live at 1289 Grandview Ave. which is at the bottom of the hill where Grandview Ave and Heatherway meet. We also, own the adjacent house at 1295 Grandview Ave. We realize that there will be an increase in the level of dirt, dust, noise, truck and heavy equipment traffic etc. We understand these negatives are necessary in order for construction and progress to take place and they will be short lived. The following is a list of our concerns and no doubt there are more things we have not thought of. 1. Zoning - The existing zoning is RS -2 one and two family suburban residential and application is being made to change it to R -2 one and two family residential.. What is the difference? 2. Blasting/dynamite — What happens and who is responsible if the water course is altered and the quantity and quality of our well is affected? How would that situation be rectified and who would pay for it? - How do we get a base line on our well quantity and quality in order to compare before and after construction? - Would we be forced to hook up to city water and sewage? Who would pay for the hook up and more importantly the annual taxes which we are not required to pay now because we are on our own water and sewage. - Basement foundation cracking/leaking? - Damage from flying debris. 3. Drainage — Our home is at the bottom of the hill from the proposed development. The trees will all be cleared. Will this affect run off when it rains? Will we get more water running down onto our property possibly causing washouts on our driveway or flooding of the property? 4. Undeveloped Land — What is proposed for the portion of land on the east side of Heatherway where Grandview and Heatherway meet? No development shows on the plan. 5. Natural Gas — Will natural gas be provided to these lots and if so will it also then be available to the existing lots bordering the new subdivision? 6. Construction Noise — What will be the hours/ days of construction? — What time will construction start in the morning and what time will it end? Will they be working on Saturdays and Sundays? We don't want to be disturbed by construction noise in the evenings or early Saturday morning or Sundays etc. (Over) 235 7. Truck Traffic — There will be an increase in truck traffic. As stated earlier our home is at the bottom of the hill on Grandview Ave just East of Heatherway — There already is an enormous amount of truck traffic on Grandview Avenue. Most of the trucks use their engine compression (Jake) brake coming down this hill. These Jake brakes are extremely loud and very annoying especially for anyone working shift work and trying to sleep during the day when most of the truck traffic occurs. There is no reason for the driver to use the Jake Brake except in an emergency situation. I used to drive truck and I know drivers like to use them because they save wear and tear on the mechanical brakes and being loud they warn other traffic of an approaching truck. We have been told by some drivers that they like to use their Jake brake coming down the hill on Grandview Ave. by our house so that a vehicle pulling onto Grandview Avenue off of Heatherway will hear them coming and reduce the chance of pulling out in front of them. However if the truck is traveling the speed limit they would be able to stop and they also have their air horn to warn other motorists. These are big trucks; it's not like a motorcycle which motorists tend to "not see ". We would like to see a by law banning the use of engine compression brakes within the city limits. 8. Restricted Truck Route — In this proposal there will be another street (Grafton) exiting onto Grandview Ave, therefore in the case of this particular development we would like to see trucks restricted from using Grandview Ave. from the point where it meets Hickey Road to where it meets Heatherway. Trucks traveling west on Latimore Lake Rd/Grandview Ave would bear right on Hickey Rd to Heatherway, left on Heatherway to Grandview Ave, then right on Grandview. This would eliminate trucks having to travel down the hill on Grandview Ave just before the Heatherway intersection. Heatherway and Hickey Rd are already truck routes. Restricting truck traffic on this section of Grandview eliminates the possibility of a vehicle pulling out in front of them at that intersection. Yours truly, Lee and Dorothy Miller 236 February 24, 2008 Planning Advisory Committee C FEB 25 7 Regarding: Development Scheme & Zoning By -Law Amendments, Sub ' io;and Variance Application (Hart to Hart Subdivision) 50 & 51 Heather Way: �A' Dear Sirs, My name is Joseph Marriott, a resident of 1405 Grandview Avenue since 1989. I only learned today, Sunday February 24, 2008 of the proposed plan outlined above. The manner in which I was informed was through casual conversation with a neighbor received no letter. To begin with, this is quite disconcerting. Was I part of the contact list? Why were such important letters not sent registered mail? Fortunately, I have received a copy of the proposal from my neighbor. As I am sure you can appreciate, I have concern regarding the consultative process of this project. Since according to your letter, my written response must be received by tomorrow, Monday February 25, 2008, you can appreciate I have not been given sufficient time to access my situation. However, I will do my best here. I can summarize my concerns as follows.... a) I am on a well and septic system. I have never had problems with either. Losing water, decreased quality or quantity of water, or losing sewerage is a major issue for any homeowner. Will the construction methods or resulting restructuring of the landscape affect my well or septic? b) My property sits in a low spot, and then drains into the woodlands below me. Will the restructuring of the landscape cause drainage problems? c) I am aware that the landscape here has a great deal of underlying rock. Will construction methods (ie possibly blasting) affect my quality of life, or possibly damage any aspect of my house (my foundation ?) d) I have many mature trees on my property. Will the construction methods or resulting restructuring of the landscape affect my mature trees, thus destroying some aspect of the aesthetic quality of my property? e) I will lose the privacy that I have enjoyed, and that will affect not only the quality of my life but also the value of my property. Will the developer agree to the construction of suitable privacy fence on the two lots that border my property ( 34 and 35 on the plan )? 237 With regards to the previous list, I would like to receive, at no cost to myself, a full property inspection prior to any development taking place. I would also request that the full procedures to address potential problems outlined in my list are clearly agreed to prior to development. These two things will safeguard the rights and value of my property, and does not put me into a lengthy adversarial dispute with the developer or the City should problems arise. I think you will agree these are two reasonable points. Looking at the plan, the part of the construction plan next to me affects seven existing lots with mature residences. In good faith, it should be simple to establish correct procedures for resolving problems well in advance of encountering them. And of course, we all optimistically hope that these procedures would never be called upon. As a proud resident and professional in the City of Saint John, I am encouraged by the potential of growth in this city. I request of the Planning Committee that it also ensures the continued quality and value of my own property. Yours trul Joseph E Marriott 1405 Grandview Ave Saint John, NB E2J 4R8 238 71� To: Members of PAC From Gloria Nott Fax: Pages: 55' ,k Phone: Date: February. , 2008 Re: Development Grounds Behind Boyaner CC: cres To Members of PAC, Please be advised that I Gloria Nott have a interest in the development of the grounds behind Boyaner Cres. I live at 216 Boyaner Cres on Lot 76. There is a common garage located on my lot and on lot 75A.. A survey shows the rear of the garage extends �Wm beyond the property line. The garage has been there for 30 years. c (t- r ) I would like to buy 10 feet of land Now Before the Land Is Developed, from the NB Hosing Corp or whoever owes the land Respectfully, Gloria Nott 239 e V ED FEB 25 Z;G OF I am writing this letter to appose the increased traffic that will make its way on to Wyatt Cres, after the construction of the new subdivision. I have lived on Wyatt Cres for 30 plus years, it is a small street. The plans for the new subdivision show that there will be 3 streets exiting on Wyatt. You need to look at other ways for the new streets to make there way on to Heatherway. We don't want the increased traffic on our street. If you want the construction you have to find and alternate route for the people to get on to Heatherway. Also we live close to the refinery and recent years there has been a lot of construction in our neighborhood. With the new construction proposed are you planning on keeping some of the trees up? We need lots of greespace to eat up the pollution that comes from the refinery. There is no need to tear down the whole forest to build a city in our neighborhood. I hope you take what I have said into consideration, and make appropriate recommendations before the plans are approved. Thank You 3, /�&� 0&1K 14 FEB 49 2U'1]3 e:r � 0 �� O7 0 Application for a Municipal Plan and Zoning By -law Amendment Demande de modification au plan municipal et a 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur 1 +2 yb o Mailing Address of applicant / Addresse postale du demandeur C/) 4 /�4 ✓11 /? U,,-/ : � Postal Code / Code postal Telephone Number / Numdro de tdl6phone Home / Domicile s�G 1 00 — US %% (570e )P/- K01 Work / Travail i.5�(I oy- �a Fax Number / Numdro de tdldcopieur �'O� /� " > M Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) �J <� c✓/141 Address / Adresse q_/ " _o �t Zl iU Ve /( u /l _-_o Code / Code postal: Property Information / Renseignements sur la propriete Location / Emnlacement 51 �� ° ✓� ' �'� 00 } v�9,�b' Ss2 Civic # / No de voirie Street / Rue PID / Lot Area / Superficie du lot Street Frontage / 10 �Fagade sur rue Existing Use of Property / Utilisation actuelle de la propridtd /v+l�c`� f1 f '1 .0 / . n^' !g Present Municipal Plan Land Use Designation Designation actuel de utilization des terres sur, le plan municipal -5 s 7- J Y Present Zoning / Zonage actuel \ _�� Amendments Requested / Modifications demandees Mu�cipal Plan / Plan municipal LTChange Land Use Designation to / Modifier la designation de ('utilisation des terres a and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zon g By -law/ Arretd sur le Zonage Change Zoning to / Modification du zonage A /" '� C �� L V ✓C and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les details en annexe) M1,1i Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition Uz- You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a I'echelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan du site dolt indiquer les dimensions de la propriete, Vemplacement de la totalite des bdtiments, des allees, des acres de stationnement, des amenagements paysagers et des panneaux de signalisation. II est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient etre appres. p �1 PCB ✓�'�f�C�� Cli�.(of z- /,—t- - �% o I U13 �; l _' 4 c /A-4--&- /� ��"'� 1 //.1,� ✓1-'f v�� .J� ?2oc�,..r�1iv� /l/�c`/a Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait etre utile. Signature of Applicant / Signature du demandeur Date ` .2 49 / U el ❑ $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ If you are not the owner of the land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la partie the owner authorizing this application to proceed is ci- dessous. La signature du proprietaire autorisant le required for consideration by Common Council tr itement de la presente demande est requise pour que ette dery ere soit examinee par le coned communal. Signature of Owner (if applicable) Signature du proprietaire (s'il y a lieu) Date 6� 0&1 PA, Application for a Municipal Plan and Zoning By -law Amendment Demande de modification au plan municipal et a Varrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur (14 �(,� �) NL . Mailing Address of applicant / Addresse postale du demandeur it Cf k( .!�0 wU 1/i /1, �� T Postal Code / Code postal Telephone Number� / Nu)m6ro de tdldphone Home / Domicile t7 �'LJ� `'�U �t'��QL� �> Work/Travail Lot) Fax Number / Numdro de tdldcopieur Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) /( j /? ti,)A-1 A)4 ✓h S Address / Adresse j v �'� �✓ �- / �' ��y � %' Postal Code / Code postal: Property Information / Renseignements sur la propriete Location/ Emplacement Civic # / No de voirie Street / Rue S/ 3�� PID / NIP Lot Area / Superficie du lot / r 11 c ,'r � I Street Frontage / Fagade sur rue Existing Use of Property / Utilisation actuelle de la propridtd V/1 < ^� j ),A".* Present Municipal Plan Land Use Designation l , Ddsi g nation actuel de utilization des terres sur le plan municipal p L✓ 6< -�J % j ' ' /l t j ! _ /1 <. �L,r i L ._ Present Zoning / Zonage actuel Amendments Requested / Modifications demandees Muxricipal Plan / Plan municipal Change Land Use Designation to/ Modifier la ddsignation de l'utilisation des terres A and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zom g By -law/ Arr&d sur le Zonage Change Zoning to / Modification du zonage a C_ and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les ddtails en annexe) OE1,1c3 Z :Pf0)id GaAIaOld S£:91 9002 /LO /t0 9S6££69905t Development Proposer / Proposition d'gement Description of Proposal / Description de la womatma You must provide a scakd site plan that illustrates your proposal Yost may also provide phatograpW% buildMgplanx elevarian drawings and any other form of orm oort 77w plan must Show du ditttensfons of dWProperrY, the location of all bttiiYt W, drlvew&A paw arras, landscaping told sips. It is important drat the distance between the property boundary and buildings are shown. Your devil fournir un plan du site a POchelle diustrant votre proposition. Yous porwz Oak nenrt fournir des photo8raphie4 des plans de bdtimm des dessins de plan d 4kyatim st toute autre fume ds renseipwnent Le plan dolt indiquer lei dimensiow de la proprd ig, l'ea l" neat de la torotUg des b4aments, des alld+e,R daa alres de stationnarmm des an knagementt paysagers et des panneaux de i7gWsation. 11 est imporOnt d indigwr la distance enav ks limites at In prop ihO et les bdownts Provide reasons why these amendmcats should be approvtd, l Four= tau a we 4ui pmt erne appj"6m r=scigar�metu voncecnaN votre pivposition ee J? i / }p/L ?2L7VALG10 lei /S /— 1,4 %� OS �t-� /�ti/� i`��n �o2�vi -�Y l.A-.e ,� U/�Lu�� c�� ou.•ti�itie �- /��./� Provide any other information about your poposal that would be hdpfui, / Foam tau autire rcnsopuzut cone uuaut votre proposition qui pouzmit etre atilt. Signature of Applicaut / Sigoatiue do demaadau Date ❑ $400 won Fee Enclosed / Ci joint Its finis do demands do 400 S If you are not the owner of the land in question Si vous n'etes pas k proprittaire du terrain en question, pkam have the owner sign below_ The signature of muilkz obtenir la signature du proprWadre daps la parue the owner is authorising this appllcatton to proceed ci- dessous. La agg.►n,�a4me du propriitaire Won=f k for considemdon by C mWA Coundt tralfw lam' rue denumde pour qua are dendire so inde � aonsail wn m wL SiPature of OwW (if VOW") Sipatvrt due peopaiEtdx (s'i7 y a lieu) =0 00 /00 39dd cI113A3Q (INV 9NTNNG -W 244 T cc'rT onn71) n JTn .� Ll NGl eSs ll��J/v 32, 000 S !i You must provide a scakd site plan that illustrates your proposal Yost may also provide phatograpW% buildMgplanx elevarian drawings and any other form of orm oort 77w plan must Show du ditttensfons of dWProperrY, the location of all bttiiYt W, drlvew&A paw arras, landscaping told sips. It is important drat the distance between the property boundary and buildings are shown. Your devil fournir un plan du site a POchelle diustrant votre proposition. Yous porwz Oak nenrt fournir des photo8raphie4 des plans de bdtimm des dessins de plan d 4kyatim st toute autre fume ds renseipwnent Le plan dolt indiquer lei dimensiow de la proprd ig, l'ea l" neat de la torotUg des b4aments, des alld+e,R daa alres de stationnarmm des an knagementt paysagers et des panneaux de i7gWsation. 11 est imporOnt d indigwr la distance enav ks limites at In prop ihO et les bdownts Provide reasons why these amendmcats should be approvtd, l Four= tau a we 4ui pmt erne appj"6m r=scigar�metu voncecnaN votre pivposition ee J? i / }p/L ?2L7VALG10 lei /S /— 1,4 %� OS �t-� /�ti/� i`��n �o2�vi -�Y l.A-.e ,� U/�Lu�� c�� ou.•ti�itie �- /��./� Provide any other information about your poposal that would be hdpfui, / Foam tau autire rcnsopuzut cone uuaut votre proposition qui pouzmit etre atilt. Signature of Applicaut / Sigoatiue do demaadau Date ❑ $400 won Fee Enclosed / Ci joint Its finis do demands do 400 S If you are not the owner of the land in question Si vous n'etes pas k proprittaire du terrain en question, pkam have the owner sign below_ The signature of muilkz obtenir la signature du proprWadre daps la parue the owner is authorising this appllcatton to proceed ci- dessous. La agg.►n,�a4me du propriitaire Won=f k for considemdon by C mWA Coundt tralfw lam' rue denumde pour qua are dendire so inde � aonsail wn m wL SiPature of OwW (if VOW") Sipatvrt due peopaiEtdx (s'i7 y a lieu) =0 00 /00 39dd cI113A3Q (INV 9NTNNG -W 244 T cc'rT onn71) n JTn 0 Application for a Municipal Plan and Zoning By -law Amendment Demande de modification au plan municipal et a 1'arrete sur le zonage Applicant Related Information / Renseignements�sjur le demandeur Name of Applicant / Nom du demandeur t�2 J Z� 3 / /, % Mailing Address of icant / Addresse postale du demandeur % ? w� /I't's �?�Uy y l7o l/1 1� 7.14 L/ t Postal Code/ Code postal � �� / U✓� Telephone Number / Numdro de tdldphone Home / Domicile SUG/ ) Work/ Travail (5-oed oy — ? &,-q Fax Number / Numdro de tdlecopieur Loo Name of Property Owner (if different) / Nom du propridtaire (si different) NoR/t, Address / Adresse �p .4 !'.EN �/<' u yE �� ✓� Postal Code / Code postal: Property Information / Renseignements sur la propriete Location / Emplacement �� ✓ %C // ��%'� c ^� �C (—� 0C)-) 0 0 Civic # / No de voirie Street / Rue PID / NIrP_ Lot Area / Superficie du lot Street Frontage / Fagade sur rue g� 0. w Existing Use of Property / Utilisation actuelle de la propriete lL� ( /) �- i �/a�✓� Present Municipal Plan Land Use Designation Designation actuel de utilization des terres sur le plan municipal Present Zoning / Zonage actuel /o 2 Amendments Requested / Modifications demandees M cipal Plan / Plan municipal Change Land Use Designation to / Modifier la designation de l'utilisation des terres a _ c� v� C and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les details en annexe) Zon g By -law/ Arrete sur le Zonage Change Zoning to / Modification du zonage A G4 "C 1/9 IL and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les details en annexe) M1,191 too-ZZZOS T :KOU Q3AI3032i S£ :ST 900Z /LO /10 9S6££699051 Devdopment Proposal / Proposition d'amenegtment Dmnptioo of Proposal / Desaipdon de la p["asition foa .✓� �"' E �i�_% C ",v ai u g ,'/2 c " , /2 i- c ,�/�i� j^, ii� G✓� ' N .(�53�^' L c�✓CG /'/ / U " zi (.- r!.-0 A/ /I CC - v.rZ(C ej- vO . You must provide a scaled site plan that illustrates your pr opmaL You may also provide photograpft building plans, elevation drawings and any other forat of informmnom Tht plan owst show d w dimensions of dieProJktly. the location of all buildimV, A* w4r^ panWV arras, landscg3ing and signs. It is important drat the distance between the property borstdwyy and buildings are shown. Vows dem fournir un plan du site d PochcUe dlustrant votre proposition. Vous poum Oak rent fourrtir des photographies, des plans de bdtiaten4 des dess s de plan grim anion of towe auftV forme de renseigne Moe Le plan dolt ied/quer les dimensions de la proprit<ti, Yemptacement de Id totalW des bdaments, drs a/ldes, des sires de stada nnemmn4 des amenagenents paysagers et des panneaux de signatisation. Il ea important Andiquer la disrmtce entre les lietitts de la propriEtE et les DBdments vi�,�cJJ� Provide reasons why these amendments should be approvod. / Foutair tau awre rtnseignement concernant votre proposition qui poturait ire approuvhm llro� 4�9 S,? ALr r' U L C tv�, 4 Ale c -'I Provide soy other information about your proposal that would be bdpbA / Fournir tan more renseignemeat conaanam votre p qai pourrait fte utile. 7 TA" v /7 i TC 7r %' li �r f / v/- C •-r r t r�r_ �v / LJ �-, T Sipature of Applicant / Signature du demandeur D 5400 Application Fee Euckm+d / Ci- -joint its frail de d+emande do 400 $ If you are not the owner of the land in question Si vous n'etes pas le proprid=re du terrain en question, pkase have the owner sign below. The signature of veuilks obtenir la signature du proprMtaire dens la partie the owner is authorizing this application to proceed ci- de=us. Lo signature du proprMlaire autorismr k for opnsideradon by Cos MOM Couna lrgf prisente demande pour quo Berm derniere so it ezamrnd k ar?nwd cottwwaaL Sipmi= of Owner (if Mucable) Signature, due p m idtaire (s'r1 y a ticu) Date: V0 /V0 MWd dO13A3Q QNV 9NT440- I 246 T CC 'r T onn7 .)f2 ,TM Application for a Municipal Plan and Zoning By -law Amendment Demande de modification au plan municipal et a 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Mailing Address of applicant / Addresse postale du demandeur ? .C.0 a , 4j /, u �-c ^�4 P44 2 4 Z Postal Code / Code postal 16'a Telephone Number / Numdro de tdldphone Home / Domicile �0(),q'o '�U� �� .�� - YV3 Work / Travail (rM Fax Number / Numdro de tdldcopieur 6 �J6 C 13 - 3 y�J, Name of Property Owner (if different) / Nom du propridtaire (si diif_fdrent) / /� 0 V 4 t 4 c A't Address / Adresse /L/ Property Information / Renseignements sur la propriete Location / Emplacement Civic # / No de voirie /,'VV,: A1/70 Postal Code / Code postal: Street / Rue 1I., 02q,?, ? l PID / NIP Lot Area / Superficie du lot Street Frontage / Fagade sur rue Existing Use of Property / Utilisation actuelle de la propridtd //0 V/) C., Present Municipal Plan Land Use Designation / r Designation actuel de utilization des terres sur le plan municipal v Gt., / �!� T C. �D � -,C/ Present Zoning / Zonage actuel /� y Amendments Requested / Modifications demandees Mu 4cipal Plan / Plan municipal _ hange Land Use Designation to / Modifier la ddsignation de ('utilisation des terres a ; e1� C and /or/ ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zon. g By -law/ Arr&d sur le Zonage Change Zoning to / Modification du zonage a "� C G'NC_ and /or/ ou Text Amendment (indicate particulars on attachment) / Modification due texte ( indiquez les ddtails en annexe) O&IFA too -TZZO# L :woo is caAI333b St • 5 L tsUUL/ c.v, �v Development Proposal / Proposition d'amenagement Description of Proposal / Description de 13 proposition You mast provide a scaled site plan that illustrates your proposal You may also provide photographs, building plans elevation drawings and any other form of information. The plat trust show the dimensions of die property, the location of all buildings, dWewa 45; parkV areas, laedscoong and signs It is important that the distance between the property boundary and buildings an shown. ,N Vz-424 Vous devea fournir urn plan du site d Nchelie illustrant votre proposition. Voss pouvez isgakment fournir des photographies, des plans de bdtiment des dessins de plan Xjkyation et toute autre forme de renseignement Le plan dolt in&quer les dimensions de la proprit th, !'emplacement are la totaltti des bdaments, des allies, des sires de staaonnennent, des aminogen eats paysagers et des panneaux de signalisation.11 est L""riant d'indlquer la distance entre les linnites de to propri fM et lei bddmenm Provkk reasons why these amend me is should be approved. / foam tart aWre r+eoseignome:ut pone MaW votre proposition ProMe any other information about your proposal that would be helpful / Fournir tout autre rcoseignewcut conournaut votre proposition qui Mi rait ewe utile. Sipa = of Applicant / Sioadue do demaodear $400 won Fee Enclosed / Ci joint les ftis de demaode de 4W S If you are not the owner of the land in question please have the owner sign below_ The signature of the owner is authorizing this application to proceed for consideradon by Common Council. sign= of Owner (if applicable) 5igoatu t due propaie<tsire Wil y a lieu) Date: _ St vous n` ies pas le propri6twre du terrain en question, veuilkz obtenir la signature du proprokwre dons la parse e;- dessous. La signature du proprictaire autorisant k traitement de la prdsente demande pour quo certe derniire soft examinie par k coned communal 0 r,a /t7M -AnHa Amgn3Q QNV 9NINNV-1,1 248 T 58 :5T 800Z /ZO /TO rn M 71' 7'r '6 M _ ROAD -- _ 49 we] PROPOSED MUNICIPAL PLAN AMENDMENT RE: 47 -55 GOLDEN GROVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan that would redesignate on Schedule 2 -A of the Plan, from Low Density Residential to Service Corridor, the following property: A parcel of land with an area of approximately 1.1 hectares, located at 47 -55 Golden Grove Road, also identified as being PID Nos. 00299271, 00300129, 00301986, 55027510 and 55173033, as illustrated below. (INSERT MAP) A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Monday, March 3, 2008 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the development of an approximately 2800 - square -metre commercial plaza, consisting of retail stores, business offices, restaurants and lounges. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by April 2, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 47 -55, CHEMIN GOLDEN GROVE Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John a l'intention d'dtudier une modification du plan d'am6nagement municipal visant a faire passer la classification du bien -fonds suivant, a 1'annexe 2- A du plan, de zone risidentielle de faible densite a zone de corridor de service : une parcelle de terrain d'une superficie d'environ 1,1 hectares, situ6e au 47 -55 chemin Golden Grove, et portant les NID 00299271, 00300129, 00301986, 55027510 et 55173033, comme le montre la carte ci- dessous. (INSERER LA CARTE) Une presentation publique du projet de modification aura lieu au cours de la r6union ordinaire du conseil communal prgvue le lundi 3 mars 2008 dans la salle du conseil, au niveau du hall d'entr6e, a 1'h6te1 de ville. RAISON DE LA MODIFICATION: Permettre 1'amdnagement d'un centre commercial d'une superficie approximative de 2800 metres carrels, qui consiste de magasins de d6tail, de bureaux d'affaires, de restaurants et de salons -bar. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 2 avril 2008 a 1'attention du soussign6. Pour toute demande de renseignements, veuillez vous adresser au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. J. Patrick Woods, greffier communal 658 -2862 251 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 47 -55 GOLDEN GROVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan that would redesignate on Schedule 2 -A of the Plan, from Low Density Residential to Service Corridor, the following property: A parcel of land with an area of approximately 1.1 identified as being PID Nos. 00299271, 00300129, below. (INSERT MAP) hectares, located at 47 -55 Golden Grove Road, also 00301986, 55027510 and 55173033, as illustrated A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Monday, March 3, 2008 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the development of an approximately 2800 - square -metre commercial plaza, consisting of retail stores, business offices, restaurants and lounges. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by April 2, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 47 -55, CHEMIN GOLDEN GROVE Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a l'intention d'6tudier une modification du plan d'am6nagement municipal visant a faire passer la classification du bien -fonds suivant, a 1'annexe 2 -A du plan, de zone risidentielle de faible densite a zone de corridor de service : une parcelle de terrain d'une superficie d'environ 1,1 hectares, situ6e au 47 -55 chemin Golden Grove, et portant les NID 00299271, 00300129, 00301986, 55027510 et 55173033, comme le montre la carte ci- dessous. (INSERER LA CARTE) Une presentation publique du projet de modification aura lieu au cours de la reunion ordinaire du conseil communal pr6vue le lundi 3 mars 2008 dans la salle du conseil, au niveau du hall d'entr6e, a Fh6te1 de ville. RAISON DE LA MODIFICATION: O Permettre I'am6nagement d'un centre commercial d'une superficie approximative de 2800 m6tres carr6s, qui consiste de magasins de d6tail, de bureaux d'affaires, de restaurants et de salons -bar. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 2 avril 2008 a ]'attention du soussign6. Pour toute demande de renseignements, veuillez vous adresser au bureau du greffier communal ou au bureau de l'urbanisme et du developpement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours f6ri6s. J. Patrick Woods, greffier communal 658 -2862 4*1 February 13, 2008 629653 N.B. Inc. 77 Golden Grove Road, Unit 2 Saint John, N.B. E2H 1W6 Dear Sir: Re: 47 -55 Golden Grove Road Enclosed is a copy of the Public Notice regarding a proposed Municipal Plan amendment for redesignation of the above property. Following the date for the receipt of objections, namely, April 2, 2008, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee Yours truly, . -V YCL-O atrick Woods mmon Clerk JPW /jaf encl. (P4— SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 255 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, February 19, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ❑x Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 Q111-1 BY -LAW NUMBER C.P. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 1.1 hectares, located at 47- 55 Golden Grove Road, also identified as being PID Nos. 00299271, 00300129, 00301986, 55027510 and 55173033, from Low Density Residential to Service Corridor classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor ARRETE No C.P. 105 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a edicte cc qui suit : L'arrete relatif au plan municipal de The City of Saint John decrete le 3 janvier 2006 est modifi6 par: 1 la modification de 1'annexe 2 -A, relative au plan d'utilisation future des terres, afin de faire passer la designation d'une parcelle de terrain d'une superficie approximative de 1,1 hectares, situ6e au 47 -55 chemin Golden Grove, et portant les NID 00299271, 00300129, 00301986, 55027510 and 55173033 de zone residentielle de faible densit6 a zone de corridor de service; - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrdte le 2008, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - 2�70isi6me lecture A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 4000 square metres, located at 99 Burpee Avenue, also identified as being PID No. 00022731 and a portion of PID No. 00022723, from Major Community Facilities to Medium Density Residential classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor AIMETE N" C.P. 105 -14 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a 6dict6 ce qui suit : L'arr&6 relatif au plan municipal de The City of Saint John d6cr&6 le 3 janvier 2006 est modifi6 par: 1 la modification de 1'annexe 2 -A, relative au plan d'utilisation future des terres, afin de faire passer la d6signation d'une parcelle de terrain d'une superficie approximative de 4000 metres carr6s, situ6e au 99 avenue Burpee, et portant le NID 00022731 et 6tant aussi une partie du NID 00022723 de zone d'installations communautaires majeures a zone r6sidentielle de densit6 moyenne; - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6t6 le 2008, avec les signatures suivantes: Common Clerk/Greffier communal First Reading - February 18, 2008 Premiere lecture - 18 f6vrier 2008 Second Reading - February 18, 2008 Deuxieme lecture - 18 f6vrier 2008 Third Reading - Troisieme lecture - Amending Schedule 2 -A Modifiant annexe 2 -A / i �\ / \ 4 d° a• f a s�• �\ roe xc;% FROM / DE TO / A Major Community Facilities Medium Density Residential Installations communautaires majeurs Residentielle de densite moyenne Applicant: 625976 N.B. Ltd. (Alan Church & Gary Vincent) Location: 99 avenue Burpee Avenue PID(s) /NIP(s) 00022731 et une portion de /and a portion of 00022723 06N88NE Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: February 20 fevrier, 2008 Recommended by P.A.C. /Recommande par le C.C.U.: February 12 Wrier, 2008 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: I Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 4000 square metres, located at 99 Burpee Avenue, also identified as being PID No. 00022731 and a portion of PID No. 00022723, from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential classification pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe <<A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 4000 metres carres, situee au 99, avenue Burpee, et portant le NID 00022731 et etant aussi une parti du NID 00022723, de quartier a vocation collective «IL -1 >> a zone d'edifices a logements multiples de trois etages <<RM -1» conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur Furbanisme - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2008, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - February 18, 2008 Premiere lecture - 18 fevrier 2008 Second Reading - February 18, 2008 Deuxieme lecture - 18 fevrier 2008 Third Reading - Troisieme lecture - Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John / / / t �Gbe� 0 �Gr J' -- gc z 0 / FROM / DE TO / A IL -1 RM -1 Neighbourhood Institutional / Three Storey Multiple Zone de quartier a vocation Residential / Zone d'edifices collectif a logements multiples de trois etages Pursuant to a Resolution under Section 39 of the Community Planning Act * Conformement a une resolution adopt6e par le conseil municipal en vertu de I'article 39 de la Loi sur l'urbanisme Applicant: 625976 N.B. Ltd. (Alan Church & Gary Vincent) Location: 99 avenue Burpee Avenue PID(s) /NIP(s) 00022731 et une portion de /and a portion of 00022723 06N88NE Drawn By /CreC-e Par: David Couture Date Drawn /Carte Cr66e: February 20 fevrier, 2008 Considered by P.A.C. /consid6r6 par le C.C.U.: February 12 Wrier, 2008 SECTION 39 CONDITIONS - 99 BURPEE AVENUE RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 4000 square metres, located at 99 Burpee Avenue, also identified as being PID No. 00022731 and a portion of PI No. 00022723, for multiple residential uses, either within the existing building or new construction, be subject to the condition that the property is developed in accordance with a detailed site plan and building elevation plans, to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location, exterior design and treatment of all buildings and structures, driveways, parking areas, landscaped areas and other site features, and further that upon the rezoning of the site, the land and any building or structure thereon must be developed and used in conformity with the proposal and condition identified herein. 262 A LAW TO AMEND BY -LAW NUMBER BIA -2 BUSINESS IMPROVEMENT LEVY BY -LAW Be it enacted by the Common Council of the City of Saint John as follows: The Business Improvement Levy By -law of The City of Saint John enacted on the third day of January, 2006, is amended by: ARRETE MODIFIANT ARRETE No BIA -2 ARRETE CONCERNANT LA CONTRIBUTION POUR L'AMELIORATION DES AFFAIRES Le conseil communal de The City of Saint John decrete cc qui suit : L'arr6te concernant la contribution pour 1'amelioration des affaires de The City of Saint John decrete le 3 janvier 2006 est modifie par : 1 Repealing section 2 thereof and inserting 1 1'abrogation de Particle 2 aux presentes et the following: 1'ajout du texte qui suit : 2 A levy of 16 cents for each one hundred dollars of assessed value is hereby imposed for 2008 upon non - residential property within the Business Improvement Area established by By -law No. BIA -1 Business Improvement Area By -law enacted on the 5th day of January, 2004. IN WITNESS WHEREOF The City of Saint John has caused the Common Seal of the said City to be affixed to this by -law the * * * day of * *, A.D. 2008 and signed by: 2 Par la presente, une contribution de 16 cents par tranche de cent dollars par rapport a la valeur fixee est imposee pour 1'annee 2008 sur les immeubles non residentiels situes a l'interieur de la zone d'amelioration des affaires etablie en vertu de 1'Arr6t6 no BIA -1 relatif a la zone d'am6lioration des affaires edicte le 5 janvier 2004. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6te le * * * * 2008, avec les signatures suivantes : Mayor /maire Common Clerk/Greffier communal First Reading - February 18, 2008 Premiere lecture - 18 fevrier 2008 Second Reading - February 18, 2008 Deuxieme lecture - 18 fevrier 2008 Third Reading - Troisieme lecture - 263 February 6, 2009 Your Worship Norm McFarlane Members of Common Council City of Saint John Dear Mayor McFarlane and Fellow Councillors: RE: CHURCH AVENUE, DEVER ROAD —TREE PLANTING PROJECT Attached is an application from The City of Saint John (Leisure Services) to the Province of New Brunswick (Environmental Trust Fund). The project (if approved by the Province) would continue to enhance and build on the agreed "Greening of Greenhead Road" projects. I trust Council will support and allow Leisure Services to move ahead with the project. MOTION: Support the application of Leisure Services for the Tree Planting Project - Church Avenue and Dever Road. Respectfully submitted, C. T. Tit Councillor Attachment M/r SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21 -2.0 saintjohn.ca I C.P. 1971 Saint john, N. -B. Canada E2L41-1 PROVINCE OF NEW BRUNSWICK ENVIRONMENTAL TRUST FUND (ETF) PROJECT PROPOSAL 1. Project For Office Use Only Received No. Region Title Church Ave., Dever Road Tree Plantin¢ Project Location Church Ave. Dever Road Start Date 1 May 2008 Finish Date 30 June 2008 Total ETF amount being applied for $ 5,000.00 Total project cost (this year)* $ 10,000.00 2. Organization Name City of Saint John Address P.O. Box 1971, Saint John, NB E21, 4L1 Contact Person Randall W. Nelson Phone Number (bus) 506 648 4621 E -mail _randy.nelson @saintjolm.c Type of Organization: X Municipal Title Parks Operations Manager (res) 506 832 3754 (fax) 506 658 2902 In which language do you prefer to receive correspondence? Private Non - Profit X English s French Note: Please refer to Environmental Trust Fund Guidelines for information on how to complete this form. * Exclude good -will and in -kind contributions Revised 2002 265 page I of5 3. Project Details What do you want to do? (Provide a brief description of your project.) In 2005 with the assistance of an ETF grant a trail was put along Greenhead Road and subsequent years tree planting was carried out along the entire street. This project would continue planting trees on an adjacent street. How do you plan to do it? (What are the steps and/or activities you will undertake in carrying out your project')) City will call tender to plant 65 trees along Church Ave. and Dever Road. City will plant and maintain the trees with the assistance of homeowners. Each homeowner will be supplied with information on watering and minor maintenance. Why do you want to do it? (What environmental issues) will your project address? How will the environment of your community or the province benefit ?) Revised 2002 266 Pngc 2o/5 4. Project Evaluation (Indicators /Measurement of Success) It is very important that you establish concise and tangible results (goals) for your project as its success will be measured by how well these have been met. Based on the information provided in Section 3, what are the key results for your project and how will they be measured both during and after its completion? Key results: Enhance the aesthetics of the area. Educate the homeowners in the value of trees. Bring the community and businesses together in an environmental project to improve their community. How will you measure them? Monitor the results of citizen support. Tree mortality should decrease. 5. Additional Project Information Revised 2002 267 Pnge 3 of 5 If your project's duration is expected to be longer than one year, how will it be funded in subsequent years? l) W it l there be additional requests to the HTF for this project? (amount? years ?) 2) Give your plans for continuation of this project after the period of ETF funding. After completion the city will assume all costs related to the maintenance of the trees. Have the required licenses /permits /approvals been received to undertake this project? Please specify. Comments 0,-� yes X,-; no Locates will be done when required_ 0,-� yes 01-� no Has the organization received previous funding from the Hnvironmental Trust Fund? 9�]i yes Bk-; no If yes, please list. Date Project Title Amount 2005, 2006 & 2007 Greenhead Road Phase I, II & III $51,000.00 2003 City Market Composter $30,000.00 2006 Victoria Street Trees $3,000.00 6. Other Funding Sources (letters to be attached) a) Is your organization applying for or receiving other funding for this project? L-d yes a no If yes, please list. Agency Contact Telephone Amount b) Will the project be receiving "in- kind" support? X yes u no If yes, please list. Revised 2002 268 Page 4 of 5 Source Description Estimated Value City of Saint John All Labour and equipment $5,000.00 Revise12002 269 Page 5 oj5 7. Financial Requirements (one fiscal year only) Staffing Costs: Work Funding Number of Weeks per Total Work Monthly Hourly Total Inh Tema C-,— Fmn1 -- Fmnlnvaa W—L, Calary Rata Waaa Rata (`ncr Operational Costs: Materials ETF $5000.00 Other Other Sources* Equipment ETF Professional Other Managerial/ Professional Contract Services ETF Other $ 1000.00 ETF ETF Other Total Requested from ETF* $5000.00 Total from Other Sources* Technical Other ETF Skilled Support Other $4000.00 ETF Other (specify) Other Total Requested from ETF* Total from Other Sources* Operational Costs: Materials ETF $5000.00 Other Other Sources* Equipment ETF Other $10,000.00 Managerial/ Professional Contract Services ETF Other Other (specify) ETF Other Total Requested from ETF* $5000.00 Total from Other Sources* $5000.00 * Exclude good -will and in -kind support (C) (D) Total Requested from ETF* (A) + (C) $5000.00 Total from $5000.00 Other Sources* (B) + (D) $10,000.00 Total Project Cost* 8. I certify that the statements made in this application are true and complete to the best of my knowledge. I am aware that misrepresentation or falsification may result in the rejection of the application. I hereby authorize the ETF Advisory Board to obtain any additional information required for the application. Signature of Applicant on Behalf of Organization Revised 2002 WAN Date Page 6 of 5 (A) (0) TURF INTEGRATED PEST MANAGEMENT (IPM) INFORMATION and EDUCATION DAY Wednesday, January 23, 2008 Fredericton Inn 1315 Regent Street, Fredericton, NB Who should attend? Anyone who has written the IPM Exam in the past Anyone interested in writing the IPM Exam in the future Any private sector, municipal, or institutional horticulturalist with an interest in sustainable turf management Why attend? Many of you have not heard much on the IPM topic over the last 2 years. However, the fact is that the IPM Program in Atlantic Canada has been dramatically improved and revised. The "new" IPM Program is now ready to be unveiled and become the standard in turf care. This session will discuss why, how, and what changes have been made to IPM in Atlantic Canada. The new year marks a new start to IPM and you will not want to be left out. In addition to essential updates, you will be treated to some very educational presentations. Come out and enjoy a day of interaction with fellow turf care professionals while earning some required CECs (continuing education credits). Cost? No Charge Keynote Speaker: Mr. Glen Sampson Associate Professor Weed Science /Pest Management; Department of Environmental Sciences Nova Scotia Agricultural College Truro, Nova Scotia Pre - Registration is required. Please pre- register by January 19"'. To pre- register: email or call Landscape NB at nbhta rinbnet.nb.ca / 1- 866 - 752 -6862 Sponsored by: Funding by: Nou eau AQ Brunswick Your Environmental Trust Fund at Work Votre Fonds on fiducie pour renvironnementau travail L�andsca pe NB Fay—sage age NB 27 February 18'`' 2008 Mayor Norman McFarlane, And Councillors Your Worship and Councillors, Re: Policy on Salt Procurement Re: Policy on Salt Procurement Given the unpredictable nature of winter and the municipality's objective of keeping roads safe during winter season, the City must have a policy in place to ensure adequate amounts of salt and sand are available. On Oct 22/07 the City awarded a tender for salt to Cargill. At some point after we ordered 6000 tonnes, and then on Jan 15th another 5000 (2000 of which has been delivered). Questions: Is the 2500 tonnes of salt at each shed and 2500 tonnes sand/salt mix our maximum capacity? It appears that we ordered the Jan 15th shipment when we were down to 1000 tonnes. Should we have a policy that requires the order of a salt shipment when we are down to 3000 tonnes? Is there a delivery guarantee in the tender? If not, why? Why is the tender so late in year (Oct. 22)? Cargill tells me that ordering out of season would provide a better price. Motion: Direct the City Manager to develop a procurement policy for road salt and sand to ensure adequate supply. Respectfully submitted, Received by e -m Stephen Chase Councillor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 272 / The City of Saint John \\1 February 14, 2008 His Worship Mayor Norm McFarlane And Councillors Subject: Forest Product Industry Your Worship and Councillors, Officials from the forest industry recently made a presentation to community stakeholders on the crisis in the forest product industry. In attendance at the meeting were Councillors Court, White and myself. This presentation was also made to His Worship, Mayor McFarlane last week. Forest product manufacturing forms an important role in New Brunswick's economy. Further decline in this industry would have dire economic consequences not only for New Brunswick but also for Saint John. This is likely one of the gravest issues facing Saint John. Provincial government action is required in terms of policy development that would facilitate sustainability and growth in this industry. Motion: WHEREAS the forest products industry in the City of Saint John continues to employ over 1,400 people; AND WHEREAS the forest products industry in the City of Saint John continues to pay out over One Hundred Million Dollars annually in wages and benefits, over Eight Million Dollars in property and water and sewage taxes, as well as providing related economic benefits to our port, airport, community college and numerous local businesses that supply goods and services to forest products operations; AND WHEREAS forest product businesses have spent over 750 Million Dollars in capital investments in the City of Saint John in the past ten years; AND WHEREAS the Leaders of Frasers Paper, Flakeboard and J.D. Irving, Limited delivered a presentation to interested stakeholders, including various provincial and municipal government representatives, on January 24, 2008 , V M r 1W SAINT JOHN ----------- . P.O. Box 1971 Saint John, NB Canada ER 41 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 41 273 highlighting concerns with the lack of competitiveness of the forest products industry in New Brunswick; AND WHEREAS this lack of competitiveness has resulted in the forest products industry in New Brunswick losing approximately half of its jobs and payroll in the last 4 years; AND WHEREAS the future of the forest products industry in New Brunswick, including Saint John, is dependent on the provincial government establishing competitive wood and energy costs in order to level the competitive playing field and to avoid further job losses in the industry; AND WHEREAS the City of Saint John supports having competitive wood and energy costs for the forest products industry to ensure its continued viability and the retention of thousands of jobs in the Province including Saint John; AND WHEREAS the City of Saint John further supports competitive energy costs as a way to attract new businesses, such as data centres, to both the Province and to the City and to further enhance the City's goal of becoming an "energy hub "; BE IT THEREFORE RESOLVED that Common Council send a letter to the Premier and the Cabinet Committee on Forestry requesting that the Provincial Government immediately addresses the structural challenges around energy costs and wood supply to bring New Brunswick's competitive environment in line with other North American jurisdictions. BE IT FURTHER RESOLVED that Common Council send a copy of this Resolution to the Cities Association of New Brunswick and ask for it to be tabled for discussion at its Annual General Meeting on March 14th and 15th, 2008. Respectfully submittedfj ephen C ase Councillor Attachment WAM 0 Z UO k- - v Lo L LLM L 0 CL f� a .E E E �Mc M IL 0- L i ■� C L O N 3 Q Q ° 006 4V W V 0 UJ r; i Vas O ��41 Q N w c La ._ ■-- a i i .� E m aaa Im O ^' c o _ , Z _ ' � 4j i tZ O o 0 V ��o V aY� 0 Q^ 0 N T i L .Q U. W cn W s L' a s 0 O 7S LO CY) fu (n V to L L O- OL fa Q O • C: �. •+•-� O- 0 -0 L > 4- L N , L �O O - N J fu L -0C� C O O N m V OV n � �O N L. V > t L V C c 0- n c� 'cn 0 cn � O � ° � a1 N V Q � _0 C C V � .� m --,.z -C O 0O 0)� :�' .u�z fp > > •— O V . cn V L N N .O (A C— � � v U ��Z O� cyi 0 Z 0 Q IA i um E-0 L r.� u i .� E 4) L a U) L (u � V) D ' 4- (f) � O � O V N •� N L fu IZ- m fu z � 4-J C..1 .Q a c�1 L �L c r� V) E O N V E c O w cYi to 4-) V) O U L w E O U CD .w V Q 4 O U 0 O Q E O U 0) .5 Q .O L ry L LL ra fu p1 O 0 It 0 Z 5: Q Lo IA L LPL L 0 LL U) *4 V C 3 L m Z rl L i (%I■ O n■■ i W�d W � L 4w (A M m s._ 4w 4w m m s s L M �-- V) L W _ V) 'O IE 4 V o O •— cv O O Is> ?f O >, 4-J O) o O 4= O V ' V > V) O� �O OHO (a a 4-J O- V iiiii =3 4-J � fo L' VC' � L.oO � 0)- (1) (A ,c V� D L E O Ni �r �� =Z u�LO O N V) .0- 0) D O L L vi V L cn (� !4W N V 'Y •V ro L L I • V O- • V >�N � 3:.- r (n y > a n C: p C: tin N = O . ro O •- O V O O i cn �- O V = Ln Z 4., O- 4-J V N V 4-- .— "O N (o 4w 4-J -o a-' V (o (a O O � x >' 4-J NO E�� D -0-O> �. F- cn LM _ L O LL �V L co 3 W z N 46A m n N � N � �a L O o E L :3 O E V L 4W.3-� � N �i f c c L Q L .� m 4-) 4-J fu s •� o V CO O •> �X O ■ y v �3 _ o 2 .0 m .z C O— L L C = y 00 y y y 3 t� y L O 1 C■ 'o fu i •p .fu 0- V d- rl N N V4 0 0 V fu w ro Ln 0 .C: O Ln kO -0 ._ E E in w OJ a� ru O C O 0 _O � V C Q _rZ • .E M E E L; o 5... O L V .� .- E 0 l0 .— c f a� -a ra m o-C �L •- fu fu Y V � a -f E fu fu U Q o� cL a.i Cr) ,o U Q O � N _o u) ILI v� Ci l� i N � =o m� zFm� V4 -.-2 V O (n 4-J C L �z L x .-J m � O m C: L _ Q) _ > M O 4w 0) (A ru V O — O '- -0 _ C O ra fu 1� E u ._ to > o a • O 4W L W W = L -0 > Q 4� a1 v L = ■ W ■- L 0 O = = L ,- V O 4 ■O E O ■- E = E L a (A O O = C N O.� �O 4w O O 0 — > — V — O ,E cn m ._ > L m i O ■ oL O L - O c —_ E 4-J a-J _o E O V =3 cn cn om J o NZ�._ E CTJ C 0^ L H 4w W L O LL �V L m 3 W z rl No ca � a) O- � O Q � O :3 O U) ,cn U C: U) Z C: C: L 0 m V Z a) E am O O f U 4-J (O .� 4-J -0 L L Q) (Q cn fu w • V 3 m Z G O a� C O LM f+ Q� L U v LM a LO CZ N - 4-1 n- z cn a O OQ N .N N E a. Q. Q cts O ._ o Ucnc�t��UF —U 0 co � CL a. (1) C c- as -0 CL 4' F O _ E 0) 0 0) (1) . 0 0 � � CO CO T O C") i T _U M N N CO ClI cu N � cu a) W ZU _— U) > > LL- Q Q cn U v LM a LO CZ N - 4-1 n- z cn a O OQ N .N N E a. Q. Q cts O ._ o Ucnc�t��UF —U 0 0 co � CL a. (1) C c- = -0 CL 4' F O E 0) 0 0) (1) . c�.c_� W I J � IT i _U CU cu cu a) ZU _— U) > > LL- Q Q 0 co � CL a. (1) C c- = -0 CL 4' F O 0) 0 0) (1) . c�.c_� J � IT 0 U Nt L 4w C H i rn `n 4dr %o m C C rn u•i 'I- 0. •� N N N LA Q {� f V Ln O E ' c _R- in- 0' o6 C 'D U C C C;) cn 4.j in ch C (n•O O O O', C 01C C C mN N4- O � ;- z! CO O C C CP E cn m tp 1_ II F E 'Q O ry u C• V Q U •L •� CL fa OC m Cd' Ea-�o a� o, o--0 C d m a c oC ° a� FA 0' oCz O = -C L a j O U Ce N o m L a� p a O -� .N m - LL u m z 1 i .0 L- C _C 0 ■ V , L �� o° _ f0 C C z t ° ._ •S a ''''CL LnL� C C O M C .� C 0 4w N cn _ O I� O L — fri y .� - °' � a) -C m ko C V) V o> 4, CL M 00 V O v4 _ Q ctS � V Cts �QOOa U CL N N IZZZ ai EE��a� IZ � v0 j � zj� c O O o W U N U E O .o N _ N Ln •c v > U m o z �a o�m Z X N Q LM IA iInc LLI s cn V rML 4) ce 21 V mo 0 splol 0^ L L 0 4 • • • • • �C C D • C A- : V N .4--J a O L � cr : L L a Y Ln a X {A 3 'a � n (aj L O v v\ E o E a) U- 3 4 V J V O— CL 0) c :0 C fy O — V4L.+ (U \ p' C + M H � M . U L 4J C 00 C 0 cp X ..� `J O r N U 4 a) a) CD FA 0 ',L E 7 Ln a� OM M i4&q- C C .� 4-) V � C V 00 .� {� aN 0 N C) O o pp 0 kp 4A- iA- , .� 0 0 O0 O O L O � Lo O Q x �ry 4-10 4-J N E L CL O a1 O 4O X — 0 m o ra L > V LL V 1 -oQ E� —_ — MO fo 0 sa, N� ra�0 0, OL Q Q O N 4 • • • • • �C C D • C A- : V i iA- U Q1 O O X U') > X O V N C � E O c: 0 V � ,C 4- 4-1 0U,�_ fo C � C E .i O" O. V) 4- m -0 O 0 L VO m w m C '> v a. a� Q o C ro L -r— ro 4-1 Ln 4-J O V1 u CU �> 0 CU fo N (J) 4-J f` ry Z 0 O O O O O r>a Ln I. G1 -C M L O au O U X X M M a) ~ E a) O U C C H C cp L as Co pn zc 7 ca O c CZS C V) o O W E U O w 0 U a) (o � O° m U N aai`na Z cn cn = C m c a) 0"C: a)cU Co U cif co cts C C-0 0-00 N= C: cA .N U C15 Z c CO :3 CL C �y L � O L L a Y Ln a LL {A 3 � (aj L O v v\ E o o % a) U- 3 4 cu CL 0) @J L C fy O — V4L.+ (U \ p' C + M M . U L 4J C 00 dam' m cp X ..� `J C r N U 4 a) a) CD N 0 ',L E 7 Ln OM M i4&q- C i iA- U Q1 O O X U') > X O V N C � E O c: 0 V � ,C 4- 4-1 0U,�_ fo C � C E .i O" O. V) 4- m -0 O 0 L VO m w m C '> v a. a� Q o C ro L -r— ro 4-1 Ln 4-J O V1 u CU �> 0 CU fo N (J) 4-J f` ry Z 0 O O O O O r>a Ln I. G1 -C M L O au O U X X M M a) ~ E a) O U C C H C cp L as Co pn zc 7 ca O c CZS C V) o O W E U O w 0 U a) (o � O° m U N aai`na Z cn cn = C m c a) 0"C: a)cU Co U cif co cts C C-0 0-00 N= C: cA .N U C15 Z c CO :3 CL ci 4w lk 00 LM i =v N i O Q L � O LL. V �a s v, ■ N ui 0 0 0 a N � N O N C) O O 0 N .�C C ra L � cn I- C U Q) ro c a�� O O (� O Z L O rj C {f} -0 O � C) � LO O CiftQL) Qo� O U U O m 4-+ N 4-J ca m O > c6 co 0 N N E C Ln LnM 0 Iml o Co N O O V v M O flu U *+ i M OO�flO�� i m Qom= j< U Q) ft O d% j "Li U p U .10 U Q O ,4 N N� N .O � O i.� � L N O d.i I-- ft z ti fu ft cn a i O Q c tQ /� x O a� C 4w c ca 03 E °- E 'c O iJ L fl.= N = U N: •� N NN u� i .� O -a � can p .. M L Ci -d O a.2 L o cn O> O m u Ln u o M O Q'O T T 0 T 0 p L 0 . • .0 cv X Q V p •V � — 0 =3 CL E _ N C C E "C3 "C3 O `0 t0 w .� 4-J � C p. O U— 4-' D O V O V) �' L •� _ ° Ln �� 1 -0,0 — C •– to O C 'J ca 11 W N :° 0) 0) 0.41 rn a� ui 0 0 0 a N � N O N C) O O 0 N .�C C ra L � cn I- C U Q) ro c a�� O O (� O Z L O rj C {f} -0 O � C) � LO O CiftQL) Qo� O U U O m 4-+ N 4-J ca m O > c6 co 0 N N E C Ln LnM 0 Iml C) Z (3 N L IA M um i a� CL 0 a� a� 0 V O O V W 0 M N L i L 0 4� H r r CCU U of G fl. O 7@ dl D V O C O V W M 0-: CO) O � V N � ■i. • N .0 E Oi i •3 d V Q. i E N O V _O 0 •fA > c=a Rs C *� C N _A d V NOw � N O O V wo C ; tQ �' M i 0-0 t d CD �+ C O N d O •_ N N 0 O. d IM V L O 0 O O L 0 _V O = Z N L- O fu C L � (1) N O is O N L c z ,C U) fa 3 c f > M C � c N O c (1) _ L s V M c V) L fa L U -0 fu >. E V fu Oc O -p O O O (n fv -0 fu -° ■; _Ile c L LJ 41 I ate-J cu V (A Oc N =_ •C C E L :" J' fn m L V fp (L) :3 _0 � � L O Z V �O vi L CL O c � ■4) 4 .V � V4-J .— 'C V i O L W .� N W � O V— .c fu O E .� fn � ■Oa+ _ N N Cl. ■ c a L O O V E L O 0 :}w '� O 4) 13 iii V N m 0-: CO) O � V N � ■i. • N .0 E Oi i •3 d V Q. i E N O V _O 0 •fA > c=a Rs C *� C N _A d V NOw � N O O V wo C ; tQ �' M i 0-0 t d CD �+ C O N d O •_ N N 0 O. d IM V L 0 0 L O = Z N L- fu C L � (1) N O is m fa L c z ,C U) fa 3 c f > M C � c N O c (1) _ L s V M c V) L fa L U -0 fu >. E j O 0 fv fu Oc O -p O O O (n fv -0 fu -° a", (!) o _Ile c L 41 I 41 I C I J i M 1 1 i i 0') t co N E t t t E t t Id r C: { N -�-� E .. O C O (A t0 O � -� C '> (A L N '0 _ 014-1 L C _ 3 L Ul 4-J & JA .� L a.d .- O 0 cOc Ca C N C ■� L O U V O CL N v CL L E a 'v 3 � O (D cv w C: Cn � N L CL co U W O N O O 41 Q. LO N O O E fo o L CL O L Q �a)� O 'L N '� ■■ °' O O N O �fo >� "� N ■� a L U M O O V O V .3 L •� L u cu U L G7 L V 4-J i -0 O �. •L -0 cn CL O C E O C:= ,O U E r-, O O s- E •- 0'—X C N N U ca L > z Lo > N T' .Q �E.=, u �L N fa 0 •�"� O � 0 V ■ � O � ) 0 0 � f V O . � M p i V o C C W O sm N L _ V _0 O M V O O J i M 1 1 i i 0') t co N E t t t E t t Id r L L -C (A O O (A t0 U) �O V C 3 O L ,cm O N U •— 014-1 C _ N L Ul 4-J & JA .� L a.d O 0 cOc u N C ■� L C (B > O CL N v CL L E a 'v 3 (n (D cv w C: Cn cn C O N O O 41 Q. LO 4-1 U C ca m O E fo -o fu L CL C CL -p m 'L O 'L '� ■■ O O N O O U C: :� '� c Q a J O .3 L •� L u cu U L G7 cn O z cn z c -0 O �. •L -0 cn CL O C E = ,O U C r-, O O s- E •- 0'—X O N N U ca L V z L =3 0> z T' .Q �E.=, � O � � 0 0 CL . V C cn O sm N L V _0 O m fl. V O O O C .Q .� '' L om G C E V V E •— > .0 V ■— t: V as Va L7 J i M 1 1 i i 0') t co N E t t t E t t Id r 0 Z 5: i aJ Q LM N i un a� a� CL E 0 U cm c 4� s V 2� le 0 V >4 p1 L i W r O u /1 O L U V v o IS O o6—�° 0 a f0 C .� L N _ O O V 4-J 4 V) t0 U CL � m a L C ._ a� ~ C 2 J W Q 0< u1 14 i �� o � x V 1> o >, z 2 CL a) Lo 4 i � •^ >4 I O W O O a1 Q V p a�� > c J V 4w CO V= O =� a W � 1� Z� >m O i i i 4-J Q) 4- tn > O 4Q i +-+ 4.j Q 4Q C cp E C o •01 �.' C a O O ;�� •c aLp1i cn o axi Q o Qp L Q i x U 4-J - Imo, �_ v �o ° c E lo- .X oo °z� o,E O awro c oix ivQQ) Q� ! X p g o� m z 1 qJ to 1 O 4-J 'C I'I �-- v v N v U �O i U (n w 4 r� o6 Cr �O v=i c 4 •r i i 4w c a� E a) Z > 'rn >i.( v0>' t V 0 = 'V .- E m= E O O �'O 0 t O = '- 0 c 4w t0 t V CV7 MAO V1 = X Lo IA [A O O = O..0 m W m c • i 1 Q V V M CL _ 3 ■� m EC .V Lo '> 0 4W V m�� ■�n �0 _ U — .� �_ ,> Z M 4W d1■W *+ _��'� .� L ■i fl. ._ (V CL E V i D. ■_ 0 O QLu Eozu 0 cn - � 0 0 M M U a) a ° o ' a iE ',.. Q� Q) a) C: i a.— r_ n _ 5 Cv - E rn 3 4 O O 4-J fo °- Q O N L rn — 4 �-a lc 0 dop ro L CU � 'v m O co3^ x O _rLa C - 4 x 41 '(( (o c O Z O- m O a) c .— O _Mn t"' c Q V V M CL _ 3 ■� m EC .V Lo '> 0 4W V m�� ■�n �0 _ U — .� �_ ,> Z M 4W d1■W *+ _��'� .� L ■i fl. ._ (V CL E V i D. ■_ 0 O QLu Eozu 0 cn - � 0 0 M M � CU ° o ' a iE Q) v -ca Q) a., ru rn o c 3 � U � Q ° c � fo An jQ cn ro L c c n � m c ro L 'L C_ C (o G C - 4 x rn> w -a L x O F- 4-J c cn o CU i� L J Q — N w rn� c_ ' N� •V -p o {fl. a m O co Q fl- CT L w (n .� a) U L cu o0o O 4O °?aUi p1}; 4-J q U L LU N N� L (o M N W N c ro O -O Q '0 4.j L L (o a i > W c •au~ (n o� ow o a) �a u� ui U En U; L Co LO co u' O E a- (o � '� •N O z� a x Z -o O :,_, v> w ro fo O O a Q U o z D E ' Q rq U) , -i .� ,� ,-4 N M LA Q V V M CL _ 3 ■� m EC .V Lo '> 0 4W V m�� ■�n �0 _ U — .� �_ ,> Z M 4W d1■W *+ _��'� .� L ■i fl. ._ (V CL E V i D. ■_ 0 O QLu Eozu 0 cn - � 0 0 M M OeLn000d•L eee T T N N N M M M d• � 1- O O O O M O O LO'C O O W T �NLO NOOCOMONO(DONIqt 4M Na0OT664TO6CON co CO w U-) U') n Nil III- d•IT IRt MMM 0 a v cz .�00 cz c 0 O c�Om X L NY eaCM N _ M CU Lf) cz � p 3 o - CIS p CD U) c O C. _O � _ Co (o N Cl) L a)mm ,Ca-mCf) ��•0 a) 0 Lo L o •� c 3' CO 1 t S c a) 0) �a)ocu�c�o00 -�c� jazz ;_zzcn3:O0zcn2m� i Qa C d e� a� r N �a 0 N N co I� I� �a a� a) R r N C ca 0 L v 'A u, o Q) a., ru .� o N t 3 � Q An jQ cn c � o LZ q) co co i QL q) tn 4O 4.j t 3 q U QJ•i Q 4.j c OeLn000d•L eee T T N N N M M M d• � 1- O O O O M O O LO'C O O W T �NLO NOOCOMONO(DONIqt 4M Na0OT664TO6CON co CO w U-) U') n Nil III- d•IT IRt MMM 0 a v cz .�00 cz c 0 O c�Om X L NY eaCM N _ M CU Lf) cz � p 3 o - CIS p CD U) c O C. _O � _ Co (o N Cl) L a)mm ,Ca-mCf) ��•0 a) 0 Lo L o •� c 3' CO 1 t S c a) 0) �a)ocu�c�o00 -�c� jazz ;_zzcn3:O0zcn2m� i Qa C d e� a� r N �a 0 N N co I� I� �a a� a) R r N C ca 0 0 Z N � N v O O v� 0 N N 0 O 3 W _ — y Z 3 Q LL. i = O � L O �. J=am CV y E s2 U N m — 3 as � ZQ IA -M Lm- um .O L Q U Q r 1 � cc c v W V �w L � C CL c� CL av IL fl. N V m �z � co 0 cn N (� cis L � N Q VJ X11 •L m =�� Z c Q L +. � L O t.. a a s s a • • • • • • • i C th y O 0 CL c m 00 so H � E F- O � V Q .j C t� H p za LL L S t o 2 j CE s S N i d°4 o> 'o MA '6 .ok" .Q.- �y s` 6 Cd c t-' a 4e 1] li: F 1i • (n L fu C� c c m 4-J M •- L o �1� 0 f o 4-J O V L � � : %4 a� > 4-J cr, O C O L 0) [o L (1) 4-J > = M 4-J W 4-J LTV •3 V •(n ' L (L) .� V i Q m 01•- L E • (n O L L 4-j V 0_0 Lij O 2 c c cn =) fu 0 •U 01 Ln -0 ■� �(L) •- �� ■ 4_; c �: 4-J • V O O a L 0 .� O E L Q (n Q U 0) 0 0 N > ■ f-- O � fu �L C • •V 1] li: F 1i c c m 4-J M •- L o �1� 0 f •- . UT I) N �O V 4-J 0 = _ W �C 4-+ 0 .� U� LTV •3 � Q) C:- m 01•- L Lij 0) 0 L •U Q) (n .�' O �: C a L fu =o�z fu �L C 0) •V L .> [� .> L m 3 .0 i V LO C- ul ry I 1] li: F 1i w a z N -M r) Q LM (A Lmm U- E i a� a 0 V CD s V ui 0 V v 0 0 3 I (D z now a: (3 N (A i J .� �O L L c V M M.- E O Vf O �L � L L2 V V a.0 > 4w O W 0 .— -o Q) � -C -+ � (1) =3 >O fa E .0 ru z�� .� fO = L mM> zV o LL• CD m Z 0 0 aL O O U U aCL w o C _ .O �0 fu +� N O O cy .� C C . _ (u C � fu a--i cn �s a� CF) s . s + M LA • • O -C w O 4--) a� �0 F-4 O c U� E> o � MO. �� E O fo o Ln Q) _0 C -C M 3 r-1 � I OL _0 iii C fo O � C L fu 0 fn O -p N L co U ra fo _-I�e_0 C 0 .V � f� O3: 4-j Q) -C (n O C fo ^N M 4_ L 00 C C fp H E C 0� ^z_ °LUO �.> C Q � T .C: � w > O F-4 U� � o C�-a MO. U fo r-1 fp in iii C fo a-; Q) L- 0 O L O L O) N V J O N 0 0 O V) Q) 00 0 o c' L �L > c >, ]► C En U U N ?� U a � �a L o- o o 1-- O, Q) -C Un V) M O L O L �c Q� C �c: �Ln .41-5 a U o~ cn o J i i N i i i i i 1 i i i i rn i N i i i e i r 9 i (D M - r _ pill CL LM cm o_ 0 0 I i W M; N i rim, V M M .� —a E i '— x W ;D > Cl -0 O • O LO O IA V- CO N N tG jd:�- 4d�- Ntual 4d:�- aaal) £w $ 6 O LAm V O 0 w -a cu cu U N fl..fl ro � � O �a c vi C: -o c o OU 00 Z C O E cv C � O Q 07 a1 N a4--+ V 7� Ln_Ln � L C 23 O U E Q) Ln fu� O L L = v Q L wa O a1 CO, ru CL L° w� 0 z N N f=�1 0 A MO O O d O V asn G� 0''O �o s `•°mss o� so sG� s M N III,. a-- Cl) V �M�I c E z O m •Ir �0 U) -0) Z ._ > v �^ Q . .� coo E N y CV }; 'a ♦.,,� L CM CO — _ CD 70 0 'v� 0 I— cap � ,_ L = L M 83 O H N p C L N O Q Ls ORD t ++ J M L 0 (31 •— N � 00 Q �C 0-� a C y l— N > V y- LO �- LEam • O N O = d) cc IA Icn O LM O • L LM Z um cn i o 0 M� �I • I 0 z L Q wL' W tA i u. L 0 LL3 L 0 �W-i i i . C4 O .y V to O .y O N Ct3 -+-j 'Q L L 0 LL. R 3 Lvi %d l': ui ui ,V O Ce E�m w O r. O w' C 0%. m O V —= M X LSO O.V>= O a� 13 •� m L.. = .O O a V =Z M 4 a -+ _ �OCW= t CL E O 0 0 M _ � L cn m�c-aaa 0 . E o .L m O t0 EI v 3 �E .fl V �3 00 3 �, o ow s= 0 V E �O fl. E ce 0 a-J fa L a W •- >. CD f L UFO L � U co C: L a--i v O =w "O U C a..� fu a-1 O O O' E w a� 4- 4-J O O . C o a� .T) c O' N a-P N X � oC N u L � Q Xi E 4- J O O a� O C--.+ O O � L 4-J •V O 4-0 O a'' C Q O U E c OQ -_ > -C 4 m ^� N -O L) •E U E .- o a:n O Q� O �E o O .- o a� L a--) O — O co co `. C cn (o V U) � � N la a Im re L .cn t N, U) 'L H ro 3 'c m z � Im .� C ';, Q E _>. O 4—J M N L U C L N fu U L Q U) L3 E-- fu • c c oE V a �> O aso•y � V � wo � V G A co N cv O 0) a) ca CD cu co �6 co CZ N _-o co C: a) N ca rn � N co L � o co W -C (1) L ca CD L o as 4 z = cis c V1 Ci6 O Q un V) O Lu Q _U (1) ° 3 fl. � o- W a m Q ro O _ 4 c3z 0 c)) V ro ^ tf ro fu z O L O O co �= Q 4-J au -Se 0 06 o ra Vl- (/ ) L L .0 .� Q V o v o Z 4— (LO .0 = O L C 0 Q pf � a..r cn Q N C W•L� (Q f .o O > .-, �, -0 G) p� ru v , QE w o I— CL U �0 iu O Im re L .cn t N, U) 'L H ro 3 'c m z � Im .� C ';, Q E _>. O 4—J M N L U C L N fu U L Q U) L3 E-- fu • c c oE V a �> O aso•y � V � wo � V G A co N cv O 0) a) ca CD cu co �6 co CZ N _-o co C: a) N ca rn � N co L � o co W -C (1) L ca CD L o as 4 z = cis NMI TJ CID J 9 i r a D ES U y0 � Zt a : e . � U � 4� U mom ( m cn m a, o .Q +� oD 4O"CL A V � p 3 ° c S 'y L ai its d 3_ 0 O C 0 O =.N O d L 4) °corn cn �, ms FlFl 6' mmGi .W 'SCE z• 9 V SL •� � J p C c O �a (v ro O = y L v Y+ C CL 1E Y. _ 0 Q r a E 'cc 4 L' V O..�C.r O L C) O �t0EOL 10 Z C S 'y L ai its d 3_ 0 O O 0 O =.N O d L 4) °corn cn �, c CL�.cN Ocaso�+ FlFl 6' mmGi IJ 'SCE z• cc v 'L •Q 0 (!j - i U ic: Q M Q L my }•8 y S� x :c c O �a (v ro O = y L v a% C CL 0 Q r a E 'cc HayEca 0 N O O �• N � N N e d 7 N O C M m L .y 0 &� G) 4 O d L W C 3 O 4 L' V O..�C.r O L CO 0 �t0EOL 10 Z C r- 0 O O d �+ O d L 4) > Q � Ir FlFl 6' mmGi 'SCE z• .l •Q 0 Olt �iiFo my }•8 y S� x :c c O 4 L' V O..�C.r O L CO 0 �t0EOL 10 Z C r- 0 O O d �+ O d L 4) > Q � O = V //C�� •V .l •Q 0 3 O ~+ cc O V c O C L ci alo.°'E CL 0 Q 0 CT3 4� *0 3 3 0 th Q %d ■ V4 W N a �� III t Lo N Z 4-i a�4Z W V _ —vim �,� COQ .i +., O� Zu W. ��Q�Q�� v o Y .� LL Ln 4.� — a� f0 cri L cn C fl. o L O. o � r., f0 oaC W C O Q,�.ao�a L Cam+ Z O i�.0 WaF- = rz 4t ■ V4 W N a 81888888 T oad(d 4No s >, i � ° cv O pt � 0 Q[ 4' L fo i � Z,C cap pl E� Ear �o (A � 04-JC: Ecun ._ �� M �orUoo 0 X : '� a, –4—J � > ��W L. Q)) a� ��aa) �o 3.3v –� –mac � VoV o� uz ra a) ru X40 ' .��.0 o n�o > C�OL� =3 _0 -v Fco�in�� C�w �U ��coCo 4 -J =�nom= 30 ='v � Lai v C �= a) fo (D p Cf� u � a� cnO r = Lv)o�fv =�Lo� � -03 E fu :, 4-J O -J V) ■ ■�C� w =3 L �.C(a[naC L \I� Z•% M•1� � > � o � CCU (uO,(fp v ao a > v,cU L� 3 p a.+._ �+ t�l > Q o I L_ 4-J u V) H0�� N. raga C7 H�fLo- n Zaa OE<m 0 N III t N Z Y I C Z LL L Z W Z 81888888 T oad(d 4No s >, i � ° cv O pt � 0 Q[ 4' L fo i � Z,C cap pl E� Ear �o (A � 04-JC: Ecun ._ �� M �orUoo 0 X : '� a, –4—J � > ��W L. Q)) a� ��aa) �o 3.3v –� –mac � VoV o� uz ra a) ru X40 ' .��.0 o n�o > C�OL� =3 _0 -v Fco�in�� C�w �U ��coCo 4 -J =�nom= 30 ='v � Lai v C �= a) fo (D p Cf� u � a� cnO r = Lv)o�fv =�Lo� � -03 E fu :, 4-J O -J V) ■ ■�C� w =3 L �.C(a[naC L \I� Z•% M•1� � > � o � CCU (uO,(fp v ao a > v,cU L� 3 p a.+._ �+ t�l > Q o I L_ 4-J u V) H0�� N. raga C7 H�fLo- n Zaa OE<m 0 N • r RA h ro w A a cd I � 3 L 3 m Oka Q ■ W W � i, W 4w is � ._ O L = a 3 a� c 3 c 0 0 c 3 4w C° L i 0,_ !� O 06 Di w IMEMEN CL N 4A = V O U C O 0 0 4w U a o ,cn L � � z w u Q C p E ^n v c V o 'C'O C'L- m �Y Oa W W � i, W 4w is � ._ O L = a 3 a� c 3 c 0 0 c 3 4w C° L i 0,_ Vm� > V w IMEMEN CL = + 4L--J C U C O 0 0 4w U a o ,cn O .= z w c 4.'� °� 4 CO C �O O J 3 to ; E N cn�'C•�o OUP CO te a'' O N � N fu °ai�v :'� a,!,E �°cn °cn I=— °�''o• 0 = Z �O�a -c., Q U ry a-J f0 C N �' fu �� •� L o fu '� � V) C° 0 _O N •\ 4 N U 'L L + 4L--J C U C O 0 O Q% U U (Q u Q C a) Z� .0 u � � 4-J -W �Y Oa U) * c 4.'� °� 4 CO C �O O J 3 to ; E N cn�'C•�o OUP CO te a'' O N � N fu °ai�v :'� a,!,E �°cn °cn I=— °�''o• 0 = Z �O�a -c., Q U ry a-J f0 C N �' fu �� •� L 4— fu '� V) fo V) C° 0 _O N •\ N N U 'L L + 4L--J C U C O 0 O Q% fu (O U (Q u Q C L 0 � � 4-J -W �Y z _� .� 4-J mT) fp , _o f13 -0 U C N cn fl- O a ' O .. _0 O ra � O �\ L 0 V) O L V) L V) .L fu V) fa U C � ) .n — .^ U � O 0 "d U �� 'a L O 0 fu .0 -0 � > O) O O O ri �+ -0 O L =) V) 0 N �_ a�3U) � C� u V) O O_' Q O �U C U 0 � cp C L � __ 4 0- •5, C ;..+ O ,�, C 0 O 01 fo cn V) N (p � O -0 E Ou) cn�c L (n �a �s •C U Dl Q4-; U WL-(nn 4.J (6 I— 142- f— tO a I-- t F- ry O M • V I N 3 L M %6 N o - 4- � O Z ._ t� O O p ^r U i.1 4L- V! •� 4i iii a� o _ � � C> +r � ■ = 41 C G •o �■ O o Q = ai � s tit N U N O p 0 CO 0 t _ L � r 0 O O r". . p .—o- 50 C 0 C -0 � . 4? � •} L (V d o .o O- .Q to o a cam 0 O t o o co U C ,� O_ p •- I— .0 N ._ 3 O �L V OW �VL c ow M4-wo O 075 � CL c Lo 4w V 01 ONE Z O.O 1. O0 �m� > LC 4-, 3: Ln C 0� a� a . CO Z °; fu N C L � 0 w L :3 CD U C- •�CL 0 4-J L fu m O L 3r.O Ln a) f .E--c •WLo� o=3UL- co am 0 :E-o c M c M f0 cn 4., .c c S- fli � 'C E U 4-J fo fo 04- CL I w 0 0 ' C u 4-' a) fo w o w . L, .�0�V 0L- �~ 0 M 2 +., . U � LW, Q•r V cnOO� L- 7FU > •�,Ic UfvM0) O os u fa 4-J fa U M L 4J fa 0 U c E c Q� .4.d V ■ fu N � C 0 01 M CL 0 LO U Q) .w W _0O � V U .C= •d v a� CO rl v O U 0 O N Fz 4S, v _ L fop O W 4.' L �• O O •Q; O �4.j� Q' v a� Q) r o ' (Y), L > (� O L � m > — p �Rf Z N O 0 o 9 CL 19t O� o - 4- � O Z ._ t� O O p ^r U i.1 4L- V! •� 4i iii a� o _ � � C> +r � ■ = 41 C G •o �■ O o Q = ai � s tit N U N O p 0 CO 0 t _ L � r 0 O O r". . p .—o- 50 C 0 C -0 � . 4? � •} L (V d o .o O- .Q to o a cam 0 O t o o co U C ,� O_ p •- I— .0 N ._ 3 O �L V OW �VL c ow M4-wo O 075 � CL c Lo 4w V 01 ONE Z O.O 1. O0 �m� > LC 4-, 3: Ln C 0� a� a . CO Z °; fu N C L � 0 w L :3 CD U C- •�CL 0 4-J L fu m O L 3r.O Ln a) f .E--c •WLo� o=3UL- co am 0 :E-o c M c M f0 cn 4., .c c S- fli � 'C E U 4-J fo fo 04- CL I w 0 0 ' C u 4-' a) fo w o w . L, .�0�V 0L- �~ 0 M 2 +., . U � LW, Q•r V cnOO� L- 7FU > •�,Ic UfvM0) O os u fa 4-J fa U M L 4J fa 0 U c E c Q� .4.d V ■ fu N � C 0 01 M CL 0 LO U Q) .w W _0O � V U .C= •d v a� CO rl v O U 0 O N Fz 4S, v _ L fop O W 4.' L �• O O •Q; O �4.j� Q' v a� Q) r o ' (Y), cD z (3) Q (U CL LE IA i um (D Cj) N O O > C i o cn LIL r O O j O O •� LL. � � L O a V 0 = a � N a OO O .a E _ L O L 4W V O W _ Vf(� � �s.0 CL _ LM C s a,, L O O w O Lo CL .s a.,+ f n O V O O L % O _ ,W4- .0 M O O •O s O. O -W u ,v E [A J O O V Vf = O O+ ,> V O = O O > _ O. _ 0 L. 1� :4 V E a. %-so o O ,� . 0 0 c O 0 Z V rl N M N a 0 z (3) Q ro 60 IA M LL z O D J V z O v O� a cc ,= cn 0 .N O E 0 I' N CL ms'E E O cu N � V E ■— N 0 ._ E (I� W •� N z N = o O z a i c� 0 (D U) f+ _ _ t� i L O E t O z a� _ a� t V ii L V i N U) U) CD Ma E C 0 E i 0 a� = O •- z os .I..r 0 m O O V a) a� _ O O 0 �i•+ _ _ 0 _ a� Z 0 .O V .V 1 i i i 1 1 i 1 CY)e 0 cY i r w it i 1 r JC V a) Q 3 � � 4� � '.� O fu fu 4-J rn 4-J � O •:3-0 c6(n -0 � -a •T, -0 an �--� �fo -� Q. .ra'E L � � o 0 . _. ,, - a 4 �fu Q cn 4-J fu Ec L- 0--0 0 ru � L •� � V N .S� -C _ r� Q I- LL. a) O • (1) L c �--� cn p c c E fu f6 L (� L�ELn c3 fu O m O_ V) N 0) >.4 �-C 4-1 c L .� '(n ca � '-'> � o ra cu U) c n 4-J f ru (U O Y 0 L.. Q) �w Oy �-� a� � 'gin � °- ° O > a Q� •— 4 ,_ CD m (0 4-J o �- �� -c c c °�� fu E ,v w t0 M a r r Iw III ell ew e� I~ e� i� fu �I = E =3 F--� U) � V � Q � o ._ E .O Q O fu O V I ui t0 M a _-j V) O V � 4� LM > m o v s = G M E s O Q x U) G) X r l .0 0 Q a 01 r N to In 00 X N E O V c� E t� Cj .O rz Q. Z3 Ul � N � O d� O N c _O E a) = a) w . M (.- Ill_ lq* 't O 't O � a O�i p NN O� 00 O O M �t O CO LO O}; }E 00 co N' d 0 O N r T M W ■ N N E N Z T U) O 00 00 r0+�CO0�N M O O� °o(" IM cz 3N E O V N N i C m � t0 dO' VitiM > a X 69. 61D- CO 0 _ O N j d O CL co ar C13 *; m o.' �■'' Z E cz ax E' d fl. E N E co t5 X O t', d O O T E CD C) N N O N O E }, O c\l =3 C O = C� Cl) 'Cc O ■= LO �- _ •c X X N Cl) O N ■> V cc im >ao� 4-A " a -0 a- E °�' o & ° 5 o c�- a a w 01 r N to In 00 X N E O V c� E t� Cj .O rz Q. Z3 Ul � N � O d� O N c _O E a) = a) w . M �r lk e a e CC3 a 402 m 13 W 0 V O m s ow m s 4w t F�- a J � � � � N O 1 NIOL�f1I- � LnM00)0, 00 1� 01 �0 -1 01 111,- 1MNILf) 111 I�00Lr)N 0 d' d' 't 00 0) N vMM M 0 0tn01'0 M000)NN N t0 Ot\Ok0 0) Mt0�0)N 00 0 Ln I k.. %% %w. '.� %. . C 0INNN 0 co 0 '� c c •— CO C* c� 'L c 'I>1 N J � � � � N O 1 NIOL�f1I- � 00 1� 01 �0 1 01 N a� 111 I�00Lr)N 0 L u1 u1 M 0 ' M000)NN N N� 00 0 Ln I r-ll _0 U '.� C c� 0 co 0 '� c •— CO c� 'L c 'I>1 N a) O 14-- c co ca OV c E U 0 V co CO 0i0" =�Qa.wir N c 0 E a� 06 = c O � co 0 -W Co O N 0 0 00 U � UD F...LL .cir =U J � � � � N O 1 NIOL�f1I- � 00 1� 01 �0 1 01 N 1O 111 I�00Lr)N 0 u1 u1 M 0 ' M000)NN N� 00 0 Ln I r-ll '.� 11 Ln N O O O d' "A un v �o a E f� 3 c i 4w 0 0 v L c0 c' '.� C c� 0 co 0 '� c •— CO c� 'L c 'I>1 N a) O 14-- c co ca OV c E U 0 O co CO 0i0" =�Qa.wir 11 Ln N O O O d' "A un v �o a E f� 3 c i 4w 0 0 v 402 O V 4� m mic 4w m s 4w INNER E x s H Q i >• a WINE L � a U =� UWcc�, �� Lorca p 4w Qj 4-J 75 0 V so.-j a Q o� v,p C �I C Qc E.c�,�, L4- -r-I c c 0 0 0 fu >- U 0 -0 v Ul O L W C U C1 -(n O O (p .O a) 01 c U � V L 6 4-+ '- U a O 7 N -0 L 0 _� Q) (n Q a X E E W w N � O O • • u m L Q) a fu — � O 00 06 o c a� L x 3~ v z 3 �- o c o V) -C - V) c > L -0 -0 E � V) m �; > � O O U _0 a -m Q) o C: N X U s= E 0 L C:) O U N c +, 0 vM o -cu ( N E O N (A Zn L W 0 � •Q i acn v m > ••�I � _ 3 - aE v O E E -C ++ 4-1 �w LO 4-1 C) (p a.+ N L •C E u) C v) o o —> E O 2 a (u p, � O a(° N V) m -C E E S - � L ,� �=� rrO Y/ tn m fu - V) -C O O aQ) -C -C 4-J L �. .� cA CL C (f) V) O >` :.+ L O p O N 1- ra -- U �Oao E c c 0 0 0 fu >- U 0 -0 v Ul O L W C U C1 -(n O O (p .O a) 01 c U � V L 6 4-+ '- U a O 7 N -0 L 0 _� Q) (n Q a X E E W w N � O O • • u m t t t t It t Lo` mt t t I 1 6 t t t t t i o — � O 0 V) c a� L x 3~ v z 3 �- o c o N V) c > L -0 -0 L � � ;n mrb3 > � 1. O U _0 a -m Q)NU N U� (a 0 L C:) O U U c +, 0 E o -cu ( N E o U •O o 4-J N(n O � V) U N.- C — acn > ••�I � . V) �j O :3 0 O U N •-' O -O O O LO 4-1 C) (p a.+ N L 'r. "+ U) a-.+ L. U =3 LO N N N O= Q U O in C:) � O L V) -p N J Q O E V) U 'a- 4-110 ' O _ — _ -C O O � to -C -C ,C: C (f) V) O >` :.+ L O p U .L N 1- ra -- U �Oao E 76 L V1v LE 0 2 0 0 U cn f - .V L O 0) L- c v Q c (D v N 01 0) -0 ! O 7 N (a fu C: Q Q �: (O = m Q V) I I I i t t t t It t Lo` mt t t I 1 6 t t t t t i o — � O 0 V) c a� O x E� �- o N V) c > L (A v ;n mrb3 ro.. O O z C fu C) Q)NU N U� fu 0 L C:) O U _ O +, 0 C 00 ( N Q C N N C — O 7E5 N O^ 1 N V) . V) �j O :3 0 O rz LO 4-1 C) (p a.+ N L O U) L �„, CIL 0) 0) O L- , �� -O .S L w C ca L z w c 0- N Qz3ww((A t t t t It t Lo` mt t t I 1 6 t t t t t i \ 3 4� H 2ftl 4w 4) m L = O L t 4 IMa N O 01 M CL 0 Q) a� z a—°, fo V fo O � v V O � CL 4 u N >1 O ' 4'' ^ U C O O O L L L CU a�� Ems°' a •c AU a O a O p UO N c �C"O U w CL (� •C N C N c :B :3 — j E O C p v v a U LU N O � ry � L IM0 N a) _o- a> O i a c L M O L O N Q N rm A i U � 0 Q) a� z a—°, fo V fo O �V) N >1 O ' dj 4'' ^ U N -0 •c ca j 3 c �C"O fp (n U p .C: V fo N N 0) a> O . ^��I- C 4- O L M O L O N muiooa (n .� O i ,ia .O I.n V OL _0 O fa _ cn Q) L- > a :3 Q LO U) a O C. rm A i U vi c rl 0 0 N tp C f, U' V) U o V) ai U L O e V m � 0 Q) a� z a—°, O N >1 O ' dj O ^ d1 ca j m .C: V •U 0 O C L O �.L muiooa vi c rl 0 0 N tp C f, U' V) U o V) ai U L O e V m CL� c_ W 4w m L s 4w G) L m 4w m s 4w s t H m 4c W L 0 ° a E 0 y-. .a R CL E m 0 ai I co N c T CO 0 +'' T- 60 a N V.` on LO cxo O T +-+ T C\ E it, N 6s O 6s c M T � CO 69 69 LO CO a CD 0-0 0- v M U E N O_ +.. N U U w O � O -O v C: aa-ao 0 co 19t m co T N m N N 6s 169 'D E - m Co �° CL E E CO O i mCD a N Q Ri Q U � •C C .O M ca .0 U CL U N N c (D o AG c O o o 0 m a- d- N 0 cm It O TN' LO L C) N (6 LO 0) CO d' T r N a0 M r Cp CO W, `V O Q a0) -c co W N a 00 r- qt CV .. O d N m E N W cc E N d w cc C W .O CL cc N � v 0 ,0 O � a V 0 E E o W .,.. O Z., QL tn Q) cd �3 4e I V) d y Q� 0 i V m L }' s mw o 4) a L m 4w E m O ■� E -0 - N 4 ._ _0 .t. i •— .� Q COZ c s = N m 0 0 00 01 r -i tD 0 000O 01w O k0 m 00 �ONNMrNm 00NI•nujwN E00M0 NItN _ 0 0 1 N N C Q ol W +r ' O''N000O M > �o CD N 00C0)Nr's E d, 00 (Y) N N 0) ` 0 N . qi m: 00 OO��N 1, N Lr) d' f rlr N h1h In r- r•i n O L 0 c N M w � O U E a� ca Q co L c .Q. 0 ._ O co O M .� c +r V _ c c c V cz 0) 0 ,O c U � O ~ O c �a) Q cza)a). 0 U : � N � cz a) .-? :t i Co *+ 0 �c n�LLSIr 0 a) =c W ' O''N000O M > �o CD 00C0)Nr's d, 00 (Y) N 0 0) ` 0 N . qi m: 00 OO��N 1, N Lr) d' f rlr N h1h In r- r•i n O N w E. E Q co c .Q. 0 c co M .� c +r V c c V cz E N ,O c ~ O c cz a) .-? :t i Co *+ 0 a) 0 a) a) W ct3 �J 402 V) ■ ■ c 4) 4w m 4) L s 4w 4) L m /W ■Y ' s 4W r_ MW s ■CD Q mc m L O -W fo U fo U a) c c O rn c c O O O U C6 V) a) c � L W L cn V c m 'tn O � c a) � pis - fu fp U V -0 0 O V O N c tO a) fn a v E x fu w E O c L O •c v a) O L- a V) E a) s: fo v rn a) Q L O a--J V -0 a) — L °a a) :o 3 L a 0 a) -n w � O L- a) c > a) � C � O ._ v c cn (u f0 Ln s1 '0 O .,� c fp U s V fn U c � n (o �C � � L a) i L C L = a �04- L u .- c s u�i NO c O V i QOM L a •3 v c m � 3 L a) 3 Z c O 4-J a) � O E v m Ul) E c 4-1 O � a) L n O N s: o c fp U -C (L) U � C ) �' a s. fn 4-J Z = ' 4-J O � U � U O N0 u� o L -0-0 (3-:i-- 00 a) 'E =-C o,= VQ)) fo E > > a) E _ -C Q O (n a) 4-J fp U0 Q U) 4-J fo c cm 4•-' -0 L C � a O N -p O ui o �; >- O 00 ccnn a0 O x E N t N O No a) Q) V) L > e--, a) O cn m cn 0 E fn m 00 , fa o O W fo .O N c fu a) fa In O U (n fu v = o Ln a cm cLn 00 N Z O 1 O •. O 0) a) c I.>�J i � S.� c o � o Q L fu v a a) 00 O 70 c :LJ 73 chrn lw - ate) > x°- o Q ZOO Ws: M I I i rn / c , 1 i i i i i r a a a a a a a a a a) s. 4-J cn a) a-1 c O -E E a .c L s: 0 V N L >� O � 4-J UQ s1 a c '0 0 L L3) Ua) a fn CL c CL 0� . s. L (n °- to a) ,v -v aa4-_ a CL - - ,-; a) N fa O O O O O O (n N U) C � CL U O O +, L L -p fl• E U O a) _ac W V Z 75 E 70 � °-0E'' O 0 is ,E -scan. �.! w *+V oa)E E C' .° V �� X N •� a w W � L-vE� Q � � � I �a i L O -W fo U fo U a) c c O rn c c O O O U C6 V) a) c � L W L cn V c m 'tn O � c a) � pis - fu fp U V -0 0 O V O N c tO a) fn a v E x fu w E O c L O •c v a) O L- a V) E a) s: fo v rn a) Q L O a--J V -0 a) — L °a a) :o 3 L a 0 a) -n w � O L- a) c > a) � C � O ._ v c cn (u f0 Ln s1 '0 O .,� c fp U s V fn U c � n (o �C � � L a) i L C L = a �04- L u .- c s u�i NO c O V i QOM L a •3 v c m � 3 L a) 3 Z c O 4-J a) � O E v m Ul) E c 4-1 O � a) L n O N s: o c fp U -C (L) U � C ) �' a s. fn 4-J Z = ' 4-J O � U � U O N0 u� o L -0-0 (3-:i-- 00 a) 'E =-C o,= VQ)) fo E > > a) E _ -C Q O (n a) 4-J fp U0 Q U) 4-J fo c cm 4•-' -0 L C � a O N -p O ui o �; >- O 00 ccnn a0 O x E N t N O No a) Q) V) L > e--, a) O cn m cn 0 E fn m 00 , fa o O W fo .O N c fu a) fa In O U (n fu v = o Ln a cm cLn 00 N Z O 1 O •. O 0) a) c I.>�J i � S.� c o � o Q L fu v a a) 00 O 70 c :LJ 73 chrn lw - ate) > x°- o Q ZOO Ws: M I I i rn / c , 1 i i i i i r a a a a a a a a a E I V) V � L 0 (!') t0- W m � L Q .■ m 0 a-J V X Q) fu Cn a X W 4 -J CL cn -0 C Q) c ao L fu LL.� _ .o .� 0- C- E Q) fu �, X p� W I tt3 V L O O 4-J •fU a-J _U L .L O U _N 4-J FU M Q) fo U .0 0 J O _ E a, 0 � O p U O 4-J e-'s f0 W a-.+ C E V C u C: to O fa 4-J 1- o O L- f o a L. O p cn M 4 L O CU 4-J O M 1 O O a •x 0-0 p fo a� mwz° Ln -a Q� ,c > V) n •gi M rn ��.0 ,c a Z U_ •L w fu a-J C w "a V) W O E v U O Q) V L- 0 M; O i- ru �o •� N v � O � � O L a a C6 a W U 4-J O L a fu O Q) O Q) cn fa -- E _ o a •— P — E p1 � � a p � a •L � a � fp •L 0 O- C E U .E C L C a E L O p U ro aS a• °- o U C w LL 17 fa Q) -p fo (n ' 4- io U U� V) c c v n fu CD a< • • C" 0 a r9 L Al L a 3 O E a to x i W 0 W >. 3 ce Z co 0 O O 4-J •fU a-J _U L .L O U _N 4-J FU M Q) fo U .0 0 J O _ E a, 0 � O p U O 4-J e-'s f0 W a-.+ C E V C u C: to O fa 4-J 1- o O L- f o a L. O p cn M 4 L O CU 4-J O M 1 O O a •x 0-0 p fo a� mwz° Ln -a Q� ,c > V) n •gi M rn ��.0 ,c a Z U_ •L w fu a-J C w "a V) W O E v U O Q) V L- 0 M; O i- ru �o •� N v � O � � O L a a C6 a W U 4-J O L a fu O Q) O Q) cn fa -- E _ o a •— P — E p1 � � a p � a •L � a � fp •L 0 O- C E U .E C L C a E L O p U ro aS a• °- o U C w LL 17 fa Q) -p fo (n ' 4- io U U� V) c c v n fu CD a< • • s D D D a a a 3 C� c L a) fu o rn Ln E4-1 O .� m -0 O cn L 00 a L 'c a ` °- •� Q O U E C O �.E c *,ma) V .V rn C 'L E '- u c: i u .- a) E F- a) .-D' u L V) u a) O — ET. � cc - cn L (u U m 0 (n o c� d a • a,., _ m C L C fo a) E _N a) fl. Q O 0 a V a) — -0 -C 4-) a ccca fu oa) CL i •0 fu 3: >, Q = 0 a) E s i E5fu w M x O cu 4-J 4-J L W Z _0 L- 'O L a) E =L3 L a) W i -C oo -r-o C O m� U) U) E L i Le, � T •L U c a O c L- c O c U 7. cn O 4-J m � L C �O C N 4-J O L �c 4-1 O L f Q) L E 0) •o Lo � � O -� 0 U V) O V O o 'o fu Q L U Q . Q) L a L CL ) 0 c a--= 'a, o m fo Z . O o a) c c a) X wrnw� a..d L 70 c O L 0 a CC C D U 0 Q 3 Q O m->� c C O a) -C O Q � L cn O .�ca .o ru ra (n C w0 CL O V 4-J fu c� aQ O L V N O 3 a-+ Q C 4-j L- O Lo Q1 O L Q .CD ad 0) .0 •L 4-J -v Q O L 3� 0-0 fu C O c -O f a� =� o)-o C z O a) L 2 o� L M 4-J OZ (n 4-- O O V 'i i a(n V � 4�j, V� Q) •� 4 L Q) Cl. E� i v O L zz O O `L O (n o 4'' o, Q c N aJ qJ L C 40 Lo �ip, cl� �ll 402 E ko w O a L _0 t -I V) O Q. L fu ro _O V >1 �L _ 4 .E .E .X cn V - 4-J — >, x ,� O ' - _0 N V1 •� ,C: y-- .E N O N ca U) •0) -0 �- o L- w � ° a Z ca CL _� O O >1 I i ra 'V � � 0) 0) M (u O © 00 a. N 4019- N •C: LL E L I -C -�e fo V V Q (p �- rn I 3 > •� mo'� _ Ln (3) (3) L Lo c r� O Q4= CL � 3 •� O �4-J ,c a E Z E L O 'V w -0 •L m > > 4-J W M 0' L 4J ,u a W 3 O . Z m E ko w O a _0 t -I O Q. L fu .� _O V >1 M _ .E .E .X cn N 4-J — >, x ,� L N .0 O y-- .E N O ca U) V 2 � �- o L- w O ° a c00 E O O >1 I . N ra E � � O M (u O © 00 a. N 4019- N •C: LL E L I I OV fo ro �- rn I Q cu -+ 0 O O CL 4002 :ri L- u /i 00 s o N O Q n � . c W0 0 0 0 0l o 0 o U� p Ln O In O Ln O Ln X N N M M 0 N O cn > d' •--i 00 M 0 O LA M o N M M Ln N ri Al L M O Z O _O Ul) C O O - 4-J c fo o O a 41 Ln o m iA- -a u D1 c ,� Q ,_ o ° z O L 4 Y -o � N N dl 4W U w c Lo waft O L C fa V a 4-J o dl O •L V V fl C _� ' w O i 0 4 > L 7 w U Ep O a U p� O N .a oo V LM U 4-J LA U E 0O o c a =�L v c V Cl) V O — ry �+ ra ra i�— O O E p H On *+aacnaQ v • � >� G7 +••i N N N r-i N+ i— C X 3N NNNNN� • m I I W M M M M M a H i' U log 0 s 3 -C L Q) L L 4-1 fQ U Q) L fp E fp a O 4-J d. O L- 2: � i • rG C U .c 4-J Q) V Q) E i O cn fp C O Z 4-J f0 N L Q a-J L O C U fQ U U Q U L fo a) Q) L -.Q a m E c _� QJ C O .V 4-1 E C Q) E O o � > � Q) V O.E U I O > W C Q) E c � L a � > � 0 L M •c C) fu 4-) (1) E _O Q) Q) U .E C o c Q) Q) 4E Q) a U Q) U Q) E _O Q) U .E C 0 w (1) V C :- 'fo c 2: fo C (U Q (1) C = W Q 4-J C C fo F--i fo fu C Q) fo _C U u c C m (L C Q) c � Q a Q) 4-' O (n O C fu a �L0U Z f0 CL C: U a W �O U L fo L �-+ U ci p 11 w i a i # • • • R y 0 z Now v Q LM LLH i V x 1. 13 0) CL C■ Q V) Q) m ca c� D L 4-J U) M H O In I Z L/) L d IA i LAS Q L IL "' o N Z E II LL T 0 N cc to � Lo dam' M Aa 40 4a 40 46 46 t4 anOHA�W LL N L CD >% N N a W CL h \ N N IL cc O ',o N N L N N c co cc W > >k L LO W L LO _ O t0 � �O r d O O V % N N LL LM m � I M J i N N anOHA�W P� i a i 1 1 1 1 1 1 a� Q LM i LLM C O y C 3 'a W L d LinHI L _ ,0 CL E _ 0 V O CL 01 Ln _ m 0 0 o � u 0 LM Ln I 3 M 0 1 a L L m � a = 0o �0 i _ O E L O M 0 iA- V L _ a a m z E O a � a� ,V a� L = O° ,0�,, -' O E t0 � M t I � a _ O a m Lm Lo U a m m m L � 0 = V no E N m M 3 �3- 0 z a� a� 0 a E Lm a� 0 � 1 _ _ ,O 3 LM �- m LM LL I Z u S., L 4) A. m ,O E LA -W 0 Lm m ,O - E M t V a V O O ,V L m a� z i a 0 WOMEN MOMME M O O LA O Lm O I .a s V m 4w U) ._ E m 0 m■- 4w a 4 O z � N E N O _O Lm 4� O = L O ,V i CL E a - L O m M M 0 m ago 3 o o O - L - ' O L E Vf O Vi o M c 00 i A. m ,O E LA -W 0 Lm m ,O - E M t V a V O O ,V L m a� z i a 0 WOMEN MOMME M O O LA O Lm O I .a s V m 4w U) ._ E m 0 'L O �I d III a� tQ s L a V O 41 L O � L O V O .� a _ �a Lo a m CL � o a ' U) 0 4. m O z 0 E �o O `. LM B V �- = L O L E a L = L O m V E \ L \ _ O 0 00 O O 4- O O = O CL E - E M �p O LM..�} s } i a� tQ s L a LM ,O E in I V O L O � O � Lo O m CL O a ' z LM ,O E in I U C L m N z c N fu MMIMMJ V O L C. U) 4� L O 4— N mo O O V L 3: O L ai IMMOMMEMOM Q) - Q� L ca T C N D N 0 L a 0 F3 c�a U. e o e e d' M N r p JeGA aad 5%b o; Nb J •�J CL .Q .3 ca Alm 0 m SOMME o Co o a o NMMMS 0 E °' 0� 0 o � o v � ._ �+ E x o a Z Q m I a a a a a a a a a i e a z (3) Q CL Lo GJ (A i LAW L 0 ._ i O O L i O H i N O V A V �W y■• O V O CL E T,? O N N W In I Y/ LM O O 0. �v�ea C o � L o v Lm � o Lq CO O N N W In I Y/ O �v�ea o v ca O N N W In I I\ c The City of Saint John February 18, 2008 Mayor Norman McFarlane Members of Common Council, City of Saint John Your Worship and Fellow Councillors, Re: Police Justice Complex Just recently I have been made aware that the Arts Board as well as others have had discussions and /or future plans that would directly affect the proposed development of the Police Justice project North of Union. I would like to be permitted the opportunity to discuss this matter in open session of Council. From these discussions I am certain that a number of questions will evolve, and that the answers will have to be directed to those who are in the best position to provide the answers to those questions. Resolution: That Councillor Tait be provided with an opportunity to discuss and pose questions related to the alleged future plans of the Art Board as well as others as it relates to land parcels North of Union, ncluding the Carnegie building. Respectfully Sub 'tted, Received by e -mai Glen Tait, Councillor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 333 J1 :. The city of Saint John March 3, 2008 Mayor Norman McFarlane, Members of Common Council, City of Saint John Your Worship and Councillors; Re: Tabled item for discussion, Council Agenda March 3, 2008 - - "Questions on the Police Justice Project' Background: At an open meeting of Council held on February 18, 2008 the above report was tabled to provide Council with the opportunity to view the questions in advance, ensuring answers would readily be available. Analysis: During the two week period since the tabling motion, some exciting announcements have been made. (1) Quispamsis has received funding from the Federal Government in the amount of four (4) million dollars. With funding assistance secure from the other two levels of government, the town is now in a position to proceed with its plans, and realize its vision of building a multi- million dollar sports facility. Congratulations to Mayor Ron Maloney and the Council of Quispamsis for moving one step closer to making that vision a reality - job well done! (2) The City of Fredericton will receive a total of eight (8) million dollars from the other two levels of government. This financial assistance will move the City of Fredericton one step closer to fulfilling its vision of constructing a new convention center as part of a sixty- nine (69) million dollar project. Congratulations to Mayor Brad Woodside and his Council, again a job well done. Both these Councils have at least one thing in common with the Council of the City of Saint John — they too will be collectively and individually up for scrutiny in the May 2008 elections. It appears that the major difference is that no lobbyist groups or individuals with their own agendas, election or re- election ploys, have attempted to delay their visions and priorities with entirely new ones that could stall the process. Or if they were faced with this, they obviously had the leadership, team spirit and integrity to support identified priorities as being in the best interest of the community, rather than thwart the process with new agendas. They have been consistent in ensuring that their major long standing priorities will reach fruition in their term, rather than pass them on to a new council to redundantly study, rehash, change or delete, costing taxpayers more dollars! SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 334 After witnessing the success of Fredericton and Quispamsis in fulfilling their established mandates, I am reminded of the great opportunity for success that exists for this City, with government funding approved. It is paramount that this Mayor and Council remain focused, decisive and steadfast, in moving forward with the implementation of the Police Justice development North of Union Street. While public consultation may lead to some changes, the overall plan including the locale, must move forth now if this is to become a reality. Council has voted, and members must have the will, the insight, and the tenacity to not have the project bulldozed by other new competing or complementary visions, being touted by individuals or in the news. During the last election campaign many of us on the campaign trail heard loud and clear the disappointment that was expressed by many citizens with respect to another proposed development that would provide badly needed quality housing. The previous Council would not endorse the Tobias Project on Germain Street. That Council's decision was based on restrictions contained in the Heritage Review Bylaw. This Council is not impeded by Heritage by -laws with the Police Justice development! While we are all proud of the Heritage properties in our City, we cannot let Heritage interests blur the issue at hand and inadvertently have history repeat itself! Thus, with the wisdom and experience that comes with age, I have re- examined with careful thought, the tabled item, and have concluded that such questions (and answers) will serve no useful purpose in moving the Police Justice Project forward. To dwell any further on the past would lead only to stall a project that has been for three years identified and accepted by this Council as our number 2 priority. It is worthy of note that other Councils dating back to 1993 identified, and established as a priority, the need to replace the existing police quarters with a new Police facility. As this present Council identified and approved our priorities, we were fortunate to have the guidance of Gordon Maclntosh, an expert in municipal government. We should all pause to recall that he said and I quote: "if an identified priority is not completed within a Council's mandate then in reality it never truly was a priority!" Resolution: That the request of Councillor Tait to ask questions of the Deputy Mayor , the Board of Directors of the Saint John Arts Center and the Publisher of the Telegraph Journal regarding the Police Justice Project be withdrawn. Respectfully Submitted, Received by a -m I Councillor Gle Tait 09191 The City of Saint John r, ?� February 12, 2008 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Council, SUBJECT: Public Consultation Process The discussion surrounding the North of Union development site has made it clear that there are two schools of thought on the timing and scope of Public Consultation. We can't turn back the clock on the approach used for North of Union but we can learn from it. The following comments were made by various elected officials. "It's a great project. As far as I'm concerned full steam ahead." "By no means is this committee overstepping it's bounds. I think we're in the right direction and I don't want this to slow down "The site is done and Council has agreed the buildings are going..." "There's public consultation , but once you buy those buildings, they are no doubt going to come down or something is going to happen to them" "You can't sit on both sides of the fence ... Either you want development or you don't and development comes at a cost." These comments are just an example of statements that indicate comfort with the current approach and a desire to "get on with it." Without a doubt, this would be reflective of one school of thought. Saint John is not cash rich. As exciting as any new development could be we must always "measure twice ... cut once" Characterizing community members as "anti- development" because they have concerns and want to have an opportunity to be involved in the development of their community is counter productive to a ensuring an active and engaged �tizenry. ■• f SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 336 Our Community Vision Statement says" Our Saint John is a population of problem solvers where each individual and organization has a vital role to play. It is a place where leadership is based on transparency, integrity and trust. Contained within our 20 — Year Goals are two related statements: Our City insists on the highest standards of quality in architecture, landscaping, infrastructure management and urban design. Our natural and built heritage is a key component in developing new and renewed places to live, work, play and learn. The second related goal says Our City fosters civic engagement and pride through responsible cooperative, inclusive and fiscally responsible government that is accountable for achieving results that matter most to our community. These statements were created after extensive consultation with our community. This is our community's vision. Saint John is no longer waiting for a development boom. This community took our future into their own hands and have ensured we will move forward by making huge investments in the energy sector, the tourism sector, ICT and retail. The boom is upon us. Developers are looking to invest in Saint John because they see an opportunity for return on investment. Saint John wants development. What they don't want is development that "comes at a cost ". They want development that comes with a gain. The Police Commission has already invested $300,000.00 for specific site design. That money could be lost if the public rejects the current site. We need a process in place that ensures the most thorough level of open and honest public consultation at the beginning of the development. Transparency and inclusion will ensure an efficient and positive outcome. We need a process that inspires trust. A process that both the public and the developer can trust to protect their investments. Kiel One way we can turn the challenges presented by the North of Union discussion into an opportunity is by creating a better way to approach public consultation in the future. It is Council's duty to ensure that taxpayer's and developer's investments will be protected. It is Council's duty to ensure that taxpayers and developers are provided with an approach that can stand up to public scrutiny. We can do that by providing a Public Consultation Process Policy that clearly provides an open and transparent approach from the beginning of development processes. MOTION: I move the City Manager report back to Council with a series of recommendations outlining a Public Consultation process that will provide the citizens of Saint John with the highest level of open, transparent and inclusive discussion opportunity ensuring the highest level of investment protection. Respectfully submitted, Received by a -m Michelle Hoo�on Deputy Mayor 091.13 r wv� A February 13, 2008 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Council The Heritage Development Board is pleased to advise Council that the revised Heritage Bylaw has passed its final hurdle. It has been signed by the Lieutenant Governor. On behalf of Council, I would like to publicly thank Ray Gorman, Chair of the Bylaw Review Committee for the significant and lasting contribution he and his committee made to this process in 2004. The very thoughtful and considerate approach taken by this committee led to a report that presented the issues and options in a clear and logical format. From the Bylaw Review Committee recommendations to Council, the Heritage Development Board now has a second heritage staff /architect, a larger budget, renewed focus and energy, four new designated heritage areas and today the final approval of the revised bylaw. The committee members were Danny Jardine, Christopher Waldschutz, Malcolm Boyd, Damien Bone, Pat Darrah, and Jonathan Franklin. After receiving the Bylaw Review Committee recommendations, Council referred the document to the Heritage Development Board for a final report and recommendation. On behalf of Council I would like to applaud the hours of work invested by the Heritage Development Board and staff members Heritage Development Officer Jim Bezanson and Jeff Gauley. The Heritage Development Board members involved were Dianna Alexander, Grant Heckman, Greg Paterson, Leona Larency, Hazel Braithwaite, Malcolm Boyd, Bob McVicor and Michael Gillis Again, thank you to all of the committee members for your contribution to this success. It is a wonderful example of public participation at its best! MOTION: Receive and file Respectfully submitte , Received by e-mail Michelle Hooton Deputy Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21L 4L1 339 d' la February 12, 2008 His Worship Mayor Norm McFarlane And members of Common Council Your Worship and Council SUBJECT: Benchmarking The citizens of Saint John deserve nothing less than the highest quality services at the most reasonable cost possible. With increasing pressure on our finances, it is critical that we continually monitor and manage our costs so that we may protect the property owner from unnecessary municipal expenditures that lead to increases to the tax rate. I believe we must constantly search for a better way of doing things. Benchmarking is one such tool that would allow our administration to measure our performance against other municipalities according to specified standards in order to compare and improve our own performance. Benchmarking for the city is reviewing our cost of and /or level of service compared to similar size communities. We need to identify and develop appropriate service performance measures, capture performance data, and analyze and benchmark results, in order to identify best practices of service efficiency and quality. This would be a useful management tool to integrate financial and performance data to assist in decision making for our community. Level of service would include environmental impact or lack of; response time (fire /police); frequency of service (garbage collection) etc. To keep the activity focused and understandable the following areas should be considered: Landfill operation; looking at cost of collection and operation (tipping fee per ton) and outcomes such as recycling, consumption of the site at Crane Mountain (life expectancy) and reduction of unlawful dumping. This should be benchmarked against the plan as approved 10 years ago and against the landfills in Moncton and Fredericton. This will allow the city to compare itself to facilities under similar regulations and against what we thought we were getting. Sewage treatment: from a cost of service and an outcomes perspective to determine if we have a system that collects the greatest amount of waste, treats it in the best 6-4)-- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 340 environmental method and disposes of it in the most environmentally sensitive way. Comparison to Moncton (leading approach) and Halifax (new system) would be good benchmarks. Our new water treatment and delivery system currently being designed should be benchmarked against others on a cost per liter and level of treatment compared to Moncton (private operator) and an Ontario city which operates at the highest Canadian standard. Fire protection: to ensure that all parts of the city are receiving the level of service acceptable to the Insurance Board standards. We must ensure that our resources are being utilized to the maximum by having all areas of the city meet an acceptable standard. Having a benchmarking process in place, will give the tax payers of Saint John the comfort of knowing that their tax dollars are being spent in the most efficient way to ensure the highest possible service for the most reasonable price. Motion: I move that the City Manager establish a process for benchmarking the cost and performance of the landfill with collection, the water and sewage system and fire protection levels and report back to Council with the results and a recommendation on how to establish a more comprehensive benchmarking system for all city services. Respectfully submi ed Received by a -mai Michelle Hooton Deputy Mayor 01111 February 4, 2008 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Council, The role of municipalities is determined by provincial legislation. Municipalities are responsible for a variety of services such as fire and police, garbage collection, by -law enforcement, water and sewerage, recreation and cultural programs. Most of the revenue to be able to provide these services comes from property tax. The current budget process is not in the best interest of property owners, with respect to affordability, sustainability or insuring competitiveness. The current budget process will not provide long term affordability for many of our residents that are on fixed incomes. The current budget process is not sustainable. As the city continues to grow, the demand for services and resources will increase. We must ensure a process that allows for a sustainable approach. The current budget process has not allowed us to be competitive with respect to the tax rate compared to other municipalities. Currently the budget process determines how much we want/need to spend and then we determine the tax rate. We need to do better. We need to turn the process around. We need to determine how much we have to spend and then debate spending decisions. Property owners deserve to have a process in place that will ensure constraints that will reign in legacy projects or limit demands from special interest groups. The anticipated increased tax revenue from new developments must provide a greater level of,tax rate predictability to the property owner. The citizens of Saint John will be better served with an opportunity to offer feedback to tabled budgets before Council begins the debate. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 342 The citizens of Saint John will be better served with a budget process that clearly explains debt service ratio. The citizens of Saint John will be better served if department estimates were presented earlier in the budget discussion to allow for thorough and open debate. The citizens of Saint John will be better served if the budget discussions are scheduled and advertised well in advance as to allow for greatest transparency. The citizens of Saint John will be better served if the budget process allowed for community groups to make submissions to Council just prior to the budget process. The citizens of Saint John will be better served if safe guards are in place to allow Council adequate time for sober thought. Motion: I move that Council direct the City Manager to develop a budget process that will provide greater transparency and inclusion by clearly outlining timeframes for staff and Council and participation opportunities for the community and report back to Council with the recommendation. Respectfully submitted, Received by e-mail Michelle Hooton Deputy Mayor 01 lic1 J February 27, 2008 Deputy Mayor Michelle Hooton and Members of Common Council Subject: Community Planning - Update of Municipal Plan Deputy Mayor Hooton and Fellow Councillors: As you are aware, Vision 2015 was the start of a multi year transformation for the City of Saint John. It was the start of a process that will bring the City into the future by creating and enhancing services to meet the needs of the people and businesses of Saint John. From garbage collection to urban planning, from public transit to economic development, the City of Saint John has a role to play in the lives or our citizens and businesses everyday. Saint John is currently experiencing a period of growth we have not see in many years and we are seeing development occurring in all areas of our community. We are seeing numerous private sector housing and commercial developments as well as a number of municipal developments underway or planned. With the unprecedented growth planned for Saint John in the next number of years, it is important that we, as the City, update our Municipal Plan and Zoning By -law so that our residents and commercial developers can clearly understand the land development opportunities and appropriate uses of land for all areas within our community. Our new commissioner of Planning, Ken Forrest, who will begin his new role in June, is aware of the importance of updating the City of Saint John's Municipal Plan and I believe that the timing for a revision to our existing plan is right. 44)-- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 344 Motion: I would ask Council to make updating the City of Saint John's Municipal Plan and Zoning By -law a priority and the City Manager provide the new Commissioner of Planning with the required resources to accomplish this task. Respectfully submitted, Norm McFarlane Mayor OR February 22, 2008 Mayor Norm McFarlane and Members of Common Council Your Worship and Fellow Councilors SUBJECT: Arbour Day Celebration Partnership with School District 8 and J.D. Irving, Limited Last year in an effort to teach our young children about the importance of planting trees in our environment, the City of Saint John formed a partnership with School District 8 and J.D. Irving, Limited to reinstate Arbour Day Celebrations. As a result of this partnership, all grade one students in School District 8 were provided with seedlings donated by J.D. Irving, Limited to be taken home to be planted, a Teacher's Resource Guide with information, activities and directions for properly planting the seedling and St. Patrick's School received four mature maple trees that were planted on school property. believe that because last year's celebrations were so successful and well received by the students that the City of Saint John should again enter into a partnership with School District 8 and J.D. Irving, Limited to celebrate Arbour Day this year on April 25, 2008. J. D. Irving, Limited have again agreed to provide seedlings for Grade One students in School District 8 as well as two large sugar maple trees and to design the 2008 Arbour Day poster to be distributed to the schools. School District 8 are supportive of extending this relationship this year and they have selected Centennial School in the North End as this year's school to participate in the ceremonial tree planting with Mayor and Council, representatives from J. D. Irving, Limited and School District 8. I also think that it would be appropriate to evaluate the possibility of reinstating an Arbour Day Committee with School District 8 and J.D. Irving, Limited to help plan for future Arbour days. 6-4)- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 346 RECOMMENDATION I move that Council agree to support the Arbour Day Celebration Partnership in 2008 by agreeing to cover the cost of photocopying the Teacher's Resource Guides that will be provided to each grade one student and to approve the Leisure Services Department's participation by again delivering the seedlings to the schools and assisting in the planting of the mature trees at Centennial School. I also move that the City Manager, by way of the Leisure Service Department be directed to contact School District 8 and J.D. Irving, Limited to gauge their interest in reinstating a permanent Arbour Day Committee in which the City of Saint John would be an active participant. Respectfully submitted, Received by a -mail L i Christopher T. Titus Councilor 01 1VA J February 25, 2008 His Worship Norm McFarlane and Members of Common Council NOTICE OF MOTION Be it resolved that; 1. Common Council direct the City Manager to implement changes to the emergency notification procedures currently in place to ensure all Saint John residents are notified of water boil orders and other health warnings in a more timely and thorough manner. 2. Common Council direct the City Manager to undertake discussions with the Province of New Brunswick and the Government of Canada to start the design and construction of proper water filtration facilities for our citizens. Reasons; Motion 1. On February 14, 2008 a boil water advisory was implemented for our eastern water distribution system. The ban was lifted for a short period on Monday, February 18, 2008 and quickly reinstated that evening. Some citizens were not aware that there was a boil water advisory in effect following the first notification and there were others who did hear the boil water order was lifted Monday night but did not hear that it was reinstated four hours later. Motion 2. The City has been talking about filtering our drinking water for more than a decade and we still have an unfiltered water supply. Clean drinking water is more important for our citizens than many of the Capital projects we are currently considering. Common Council needs to inform Staff that we recognize water treatment as our next Capital priority and open discussions with the senior levels of government on the funding requirements. Respectfully S itted, Received by a -m John Ferguson Councillor City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I vwwv.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 348 February 27, 2008 Worship Mayor Norm McFarlane And Members of Common Council RE: Spring repair plan for fixing City Street pot holes Your Worship and fellow Councillors, no doubt you have all had as many Saint John residents as I have had asking about how long it will take to repair the pot holes in and around our City this spring. I realize that this winter's weather conditions have played havoc with the works department and will result in one of the worse years for pot holes on our City streets. It is because of these factors and the many questions I am receiving from our City's residents that I have asked that Mr. Paul Groody, our Commissioner of Municipal Operations, to prepare a report for tonight's Council meeting so many of our citizens will have the knowledge of how this year's pot hole season will be fixed and the resources that the works department will be throwing behind fixing this problem. I move that the Commissioner brief Council at tonight's meeting on the resources and time table he has planned for fixing the pot holes in and around our City. Respectfully, Received by a -m Councillor Bill Farren The City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 349 1 March 3, 2008 Mayor Norman McFarlane and Members of Common Council Re: Inpact of Capital Spending on the Tax Rate Your Worship and Councillors, Motion: that the Commissioner of Finance provide a full and detailed report of the impact of capital spending on the tax rate, and that the report submitted at the July 23, 2007 Committee of the Whole meeting on this subject, be made available at the next open meeting of Council. Respectfully submitted, Received by e-mail Stephen Chase Councillor /�' Iw SAINT JOHN _1 P.O. Box 1971 Saint John, NB Canada E2L 4L1 I vwwv.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21L 4L1 350 ..e March 3, 2008 Mayor Norman McFarlane, And Councillors Your Worship and Councillors; Re: Simms Corner Enhancement Motion: that Mr. Groody report back to Council in 2 weeks time explaining efforts already put forward regarding community consultation on this exciting transportation opportunity. Respectfully su mitted, Received by e-rn Peter McGuire- Councillor 6 04- r SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 351 February 27, 2008 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Council SUBJECT: Election Sign Recycling Program "Election sign recycling program produces a tonne of results One of the byproducts, of the recent Ontario provincial election, has been addressed by York Region. The Region reports that its election sign recycling program diverted a total of 1.07 tonnes of signs from being dumped in landfill sites. Election candidates and campaign team members were invited to drop off corrugated plastic election signs during a special event at the Region's Waste Management Centre in East Gwillimbury. This is York's third election sign drop -off event, and one of many ongoing programs dedicated to reducing the amount of waste travelling to landfill. Last year's municipal and federal elections diverted combined total of 5.2 tonnes of signs from dumps. Reusing is another method of waste diversion also practiced by some election candidates. York Region strongly encourages the reuse of goods before recycling. For more information on York Region's Solid Waste Management Branch and waste diversion strategies, visit www.york.ca /waste" The upcoming municipal election will produce many campaign signs. We could also be facing a Federal election. In keeping with our 20 — year Community Goals "Our City recognizes the inherent responsibility of every individual and organization to embrace a shared commitment to environmental stewardship. We are dedicated to living in balance with our natural settings and decreasing our demands on finite natural resources" 64) SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 352 MOTION: Refer to Fundy Region Solid Waste Commission to investigate and implement an election sign recycling program in time for the upcoming municipal election. Respectfully submitted, Received by e -ma l Michelle Hooton Deputy Mayor 10&V M & C 2008 - 28 February 14th, 2008 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council, SUBJECT: 2008 CAPITAL PROGRAMS — MAKING CHOICES BACKGROUND Westfield Road On October 22"d, 2007, the River Road Community Alliance, Inc., a group of citizens representing the areas of South Bay, Acamac, Ketepec, Belmont, Morna and Martinon, outlined to Council the servicing priorities of these residential neighbourhoods along the Westfield Road. The presentation articulated both short and long -term needs, and asked for funding, planning and representation. At Council's meeting of January 21st, these River Road citizens acknowledged work that had already begun and made a specific request: that a project to reconstruct a portion of Westfield Road (Highfield Avenue to the River Road Co -op), planned for 2010, be brought forward into the 2008 budget. Council referred the matter to staff for a report and recommendation. Market Place / King Street West River Road Communit Short -Term Needs safe passage through the area crs Lighting c Sidewalks cr3 Road safety Long -Term Needs crs Planning for Water c Planning for Sewage Although Saint John has made great strides over the years in improving the state of municipal infrastructure, the community remains far from investing adequately in the renewal and /or upgrade of its storm water, transportation, and water and wastewater systems. Services, their quality, effectiveness and efficiency, depend very much on the standard of this infrastructure. Many sections of street, for example, do not meet acceptable modern standards for pedestrians, traffic and integrated use. Financial and engineering /construction capacity limits the number and scope of high priority projects that can be undertaken in any one year. One problem area that has become particularly urgent since December, primarily because of its watermain and storm drainage capacity, is Market Place on the Lower West Side. 354 2008 Capital Programs — Making Choices February 14`h, 2008 Report to Common Council, M &C 2008 -28 Page 2 PURPOSE OF REPORT The purpose of this report is to review with Council criteria that are considered in making Capital Program recommendations, and to propose a course of action for both Westfield Road and the Market Place area. APPROVED 2008 PROGRAMS AND FUTURE PROJECTIONS The approved 2008 Capital Programs for Transportation and Storm Drainage and for Saint John Water are attached. Transportation and Storm Water Management — General Fund Table 1 summarizes the approved 2008 Capital Program for Transportation and Storm Water Management, funded through the General Fund (primarily property taxes). f ' r�......�p.� k1rii!.'�c�s i. rid ................. I... r irri rriela� � { k�xff xr €f�Plr .... Category # Projects Other Share City Share Total Cost Environment 1 $300,000 $300,000 $600,000 Storm Water Management 8 $0 $1,725,000 $1,725,000 Transportation 21 $3,145,000 $7,370,000 $10,515,000 Water Street Reconstruction 1 $500,000 $220,000 $720,000 2008 Totals 31 $3,945,000 $9,615,000 $13,560,000 Highlights 2008 The 2008 program includes completion of the Municipal Designated Highways Improvement Program (e.g. Manawagonish Road), a new and more aggressive funding proposal for Provincially Designated Highways (that the province has yet to show support for), and a large street reconstruction project (funded by others) at the Lily Lake entrance to Rockwood Park. ❑ Environment Work on Phase V will bring the community closer to correcting the environmental blight that has been the old Howes Lake landfill site ❑ Storm Water Management Over 71% of storm drainage funding relates to developing (flood) system improvements for the long -term, with the remainder tied to multi - service upgrades of specific streets. 355 2008 Capital Programs — Making Choices February 14`h, 2008 Report to Common Council, M &C 2008 -28 Page 3 ❑ Transportation Transportation projects, most apparent to the public, should be carried out on 15 streets; with other several design projects for the future. ❑ Water Street Two park areas along the waterfront are to be constructed. Projections to 2012 Table 2 outlines General Fund projections for the next four years. ......................................:...............................................................:..............................................................:........ # Projects �s��x �i G�'i11 �r W.: iriri Cyr �� i��1ar�� . Jf n..................:. .......................�....... .......:.................................. .............................:. rirl�r�irrri �� it k €�t �u�rtrir ........ ................ Year Infrastructure Renewal - Sanitary # Projects $0 Other Share City Share Total Cost 2009 $0 31 $5,675,000 $6,430,000 $15,280,000 $21,710,000 2010 $36,150,000 29 2 $1,030,000 $11,230,000 $12,260,000 2011 35 $1,300,000 $10,605,000 $11,905,000 2012 39 $1,140,000 $10,805,000 $11,945,000 Saint John Water — Utility Fund Table 3 provides a summary of the approved 2008 Capital Program for Saint John Water, funded through the Water and Sewerage Utility Fund. Category # Projects Other Share Utility Share Total Cost Infrastructure Renewal - Sanitary 10 $0 $1,990,000 $1,990,000 Infrastructure Renewal - Water 12 $0 $5,675,000 $5,675,000 Wastewater Treatment 4 $24,100,000 $12,050,000 $36,150,000 Water Service Needs 2 $0 $770,000 $770,000 Watershed Protection 3 $0 $550,000 $550,000 2008 Totals 31 $24,100,000 $21,035,000 $45,035,000 356 2008 Capital Programs — Making Choices February 14`h, 2008 Report to Common Council, M &C 2008 -28 Page 4 Highlights Underlying 2008 capital investments are the utility's core obligations to the public: safety of drinking water, the elimination of environmental contamination and related public health consequences, and sustainable management of infrastructure assets. Ever more rigorous regulatory standards are also making operations more and more demanding. The Utility Capital Budget approved by Council totalled $45,035,000; with $24.1 million of that amount expected from other government partners and just over $21 million from ratepayers. The thirty -one (31) projects are intended to address the community's most pressing water and environmental needs - improvements that must be made. ❑ Wastewater Treatment Most notable is work on Harbour Clean -Up, comprising 57.3% of the utility's capital investment - fully cost - shared. ❑ Safe, Clean Drinking Water Significant to drinking water is a foundational engineering project to understand exactly the systems and facilities that have to be put into place to enable the City to assure high quality drinking water in appropriate quantities — at the best possible cost. ❑ Infrastructure Renewal (Sanitary and Water) These categories deal with priority customer service, safety and reliability issues; almost $5.7 million for 12 water system projects and about $2 million for 10 sanitary projects. ❑ Watershed Protection Investment in watershed protection continues. Projections to 2012 Table 4 summarizes Utility Fund projections up to 2012. These presume that construction of one of two modern water treatment facilities will begin in 2011, with appropriate financing, and continue until completion of both facilities by 2015 ... Vision 2015. 357 Year # Projects Other Share Utility Share Total Cost 2009 38 $18,520,000 $21,675,000 $40,195,000 2010 39 $17,604,908 $20,565,000 $38,169,908 2011 43 $14,140,000 $19,020,000 $33,160,000 2012 47 $9,800,000 $15,595,000 $25,395,000 357 2008 Capital Programs — Making Choices February 14`h, 2008 Report to Common Council, M &C 2008 -28 Page S CONSIDERATIONS FOR CAPITAL CONSTRUCTION PROGRAMS Finalizing 2008 Capital recommendations was difficult; need far outweighed capacity In addition to the 62 projects approved for 2008, Municipal Operations and Engineering has a register of 671 additional projects, estimated at about $334 million, for future programs - 2009 and beyond. This listing, we caution, is not all- inclusive; a full assessment of infrastructure assets would be expected to define needs that are greater. A major initiative like Harbour Clean -Up influences choices beyond wastewater, while projects with contributions from others need to be earmarked for specific fiscal years. Infrastructure assets need also to be renewed in a timely fashion and it is important that construction be carefully coordinated among the various services along a street or right - of -way. Street reconstruction, for example, cannot precede underground installations; in fact, street reconstruction should often be integrated with planned underground work. Importantly, proposed projects must reflect the strategic priorities of the community and the direction set by Common Council. The town hall meetings of recent years have highlighted important priorities of neighbourhoods and community groups. Infrastructure Deficit Municipal infrastructure across Canada is at a "breaking point "'. Like many cities, Saint John has serious issues regarding these service critical and very expensive public assets. Substantial investment is needed to repair and to secure infrastructure reliability. Significant to this renewal is "pay as you go "; a funding philosophy that should be demonstrated through annual budgetary commitments. Debt financing for basic renewal -type reconstruction is not sustainable. Considering Proiects for Recommendation Many factors, considered together, determine the series of Capital projects that are recommended each year to Council. Community Considerations • Strategic priorities identified by Council as important to the community's future; for example, plans like harbour clean -up and waterfront development. • Priorities identified by Common Council and /or through consultations with neighbourhoods and community groups. • Future residential, commercial or industrial developments that are planned or that could be taking place in an area. 1 Danger Ahead: The Coming Collapse of Canada's Municipal Infrastructure, A Report for the Federation of Canadian Municipalities (FCM) Saeed Mirza, PhD., Ing., November 2007 358 2008 Capital Programs — Making Choices Report to Common Council, M &C 2008 -28 February 14`h, 2008 Page 6 ❑ Water quality or pressure concerns; environmental problems related to wastewater or leachate from abandoned landfill sites. ❑ Storm drainage needs in areas of the community that are prone to flooding. ❑ Road, traffic or pedestrian safety issues that have been identified. ❑ Initiatives by people to transform street usage, streetscapes and open public spaces. ❑ Long -term plans or strategies for improvements in various service areas. ❑ Plans of the Province of New Brunswick regarding its highways through the city. Other Sources of Project Identification ❑ Maintenance experience, operational and customer service recommendations; service disruption history of watermain breaks, sanitary backups, drainage issues and deteriorated road conditions. ❑ Engineering records and inspection reports; video inspections of sanitary sewers. ❑ Water system restrictions identified during unidirectional flushing sequences. ❑ Customer service concerns and inspection of citizen requests for service. Service and Engineering Considerations ❑ Service life expectancy of a roadway, water or sewer system, or related facility. ❑ Underground water and sewer work often presents an economical opportunity to separate, install or upgrade storm sewers and reconstruct associated streets; condition of a street assessed for possible reconstruction when underground work is being contemplated. ❑ Condition of underground facilities assessed (for renewal) when a street is being considered for reconstruction. ❑ Previous or planned future work could affect the flows and /or connections of water and wastewater projects being contemplated. ❑ Future projects could be dependant on one being proposed; proper sequencing of projects, and coordination of underground work and surface reconstruction. ❑ Downstream drainage capacity will affect sanitary /storm separation projects. ❑ Condition of systems and facilities relative to others needing renewal. 359 2008 Capital Programs — Making Choices February 14`h, 2008 Report to Common Council, M &C 2008 -28 Page 7 General ❑ Property availability and the time needed to obtain required land. ❑ Completion of necessary technical and environmental evaluation, preparation of design, plans and project specifications. ❑ Preparation of terms of reference for consultant engagement and requests for proposals. ❑ Economic feasibility of undertaking the work. ❑ Resolution of jurisdictional or responsibility questions. ❑ Anticipated funding envelop that will set the financial limit on expenditures. ❑ Capacity of engineering resources, both internal staff and external consultants, determine the scope of program work that is possible. ❑ Level of investment in infrastructure renewal, a matter of due diligence and optimizing the service life of those assets, largely determines service reliability and, ultimately, the costs that will be incurred by taxpayers and utility ratepayers. Developing Capital Recommendations 1. Capital Programs Co- ordinator maintains a comprehensive database of projects, with preliminary estimates and background reports and technical evaluations. 2. All construction needs, suggestions and proposals are channelled through this office and given a file. 3. The Co- ordinator has a well- informed overview of construction needs and community expectations generally; consultations with operations, customer service, engineering and other staff is a continuous process; follow -up on Council direction and information flowing from town hall meetings are incorporated. 4. The Co- ordinator develops a level of prioritization, generally covering the "next" five years; a dynamic process that adjusts to emerging issues and new priorities as they arise. 5. Considering all factors and after review of priority projects with operations, customer service, engineering and others, a tentative program is prepared. 6. The tentative program is reviewed by the Deputy City Engineer and the Engineering Manager, adjusted as appropriate and brought forward to the Commissioner. 360 2008 Capital Programs — Making Choices Report to Common Council, M &C 2008 -28 February 14`h, 2008 Page 8 7. A further review, against Council, community and service priorities, is undertaken and proposals prepared for recommendation to the City Manager. 8. A final review with the City Manager and other senior staff finalizes the recommendation that is prepared for Council consideration. PROJECT MANAGEMENT CAPACITY One particular matter has challenged staff over several years: the capacity of professional engineering resources to deliver on the programs that Council wishes to carry out. People; a sufficient number of well qualified, responsible professionals are needed to manage the large number of capital projects being approved for construction and design each year. These people ensure project specifications and deliverables are fully and clearly defined; they represent the public interest; and they assure that the substantial public investment being made produces the outcomes the City seeks to achieve. Consulting firms are being extensively utilized, technical support staff is fully engaged and, where feasible, operational managers have even taken on direction of Capital projects. The "internal" workload associated with the Capital program exceeds available resources; engineering staff is fully committed. Without an adequately staffed team of qualified and responsible professionals, it will not be possible to undertake a number of approved projects. Staff advised Council during the budget process that needed professionals would be engaged (on a permanent basis) to manage this very demanding workload. Positions would not be added to the establishment, but people would be hired against those filled by incumbents expected to retire in the next five years or so. The cost of these human resources will be charged directly to the capital projects for which they are responsible. This approach, we believe, will allow today's critical needs to be met and, at the same time, help this organization prepare for the future and the anticipated retirements that are on the horizon. WESTFIELD ROAD The Westfield Road winds its way between Gault Road in the south and NB Highway #177 in the north for approximately 7.77 kilometres. In places the road is narrow, with poor visibility into and out of some properties and numerous twists and turns. Shoulders are less than adequate along various stretches and there are only a few sections of substandard sidewalks. The concerns brought forward by area citizens — lighting, sidewalks and road safety — are very legitimate. A number of projects for the Westfield Road are on the books, including one in 2008 for $125,000 to investigate, prepare a preliminary design report, undertake public consultations and develop a comprehensive plan for rehabilitation and improvements. A full summary of projects, with updated preliminary estimates, is provided in Table 5. 361 2008 Capital Programs — Making Choices Report to Common Council, M &C 2008 -28 February 14`h, 2008 Page 9 Road Section' From To Approx. Length (m) Estimated Cost Comment All Bay Street Route #177 7,770 $125,000 2008, pre - design / plan A Gault Road Civic #1338 1,640 $730,000 Design cost included B Civic #1338 Dalton Court 1,410 $690,000 Design cost included C Dalton Court Civic #2370 1,720 $870,000 Design cost included D Civic #2370 Highfield Avenue 2,400 $1,500,000 Design cost included E E Highfield Avenue I River Road Co -Op Highfield Avenue I River Road Co -Op 600 1 $420,000 1 Planned for 2010 600 1 $50,000 1 Design road section 5 Totals 7,770 $4,385,000 An allocation of $420,000 has been projected for 2010 for drainage control, curb and sidewalk, and road construction on the section between Highfield Avenue and the River Road Co -Op. Citizens have requested that this project be advanced to 2008. Citizens want action to improve Westfield Road taken much sooner than is now being planned — for good and valid reasons. The road needs to be brought to a higher standard, with modern pedestrian facilities and adequate drainage systems. The design of the street should also moderate traffic flows through the communities and include features to enhance safety. We understand that Council desires to show support for legitimate concerns brought forward by citizens. The key decision involves making choices — on the allocation of resources among competing priorities. Time and the engineering resources required to prepare an appropriate detailed design to reflect the standards set out in our General Specifications and to incorporate the input of citizens, tendering, award of contract timelines and construction makes implementation in 2008 unrealistic. Proposal Although 2008 approval of the entire project is the prerogative of Council, it is suggested that a detailed design project ($50,000) be approved for 2008 for the section between Highfield Avenue and the River Road Co -Op, with a tentative plan to construct in 2009. This would require that staff be authorized to "direct engage" a consultant (ideally the firm being considered for the overall pre- design and planning project in 2008). Staff would report back to Council at some future time to identify offset 362 2008 Capital Programs — Making Choices February 14`h, 2008 Report to Common Council, M &C 2008 -28 Page 10 funding within the overall 2008 Capital program envelop. Staff would also think ahead on how to best fit the construction into the 2009 program. MARKET PLACE The renewal of existing water and sanitary sewer facilities, installation of a new trunk storm sewer, and street reconstruction of Market Place should be undertaken as soon as possible. The watermain is very problematic and its renewal the most pressing priority. There are a total of seven breaks in the watermain failure database; including two in 2007 and two in 2006 — all between Rodney Street and St. John Street. C/D Category Limits Description I Est Cost Comment Design Total W &S Utility Fund 1 $50,000 Design in 2008? Design Total General Fund 1 $110,000 Construction Total W &S Utility Fund 1 $785,000 Construction in 2009? Construction Total General Fund $1,785,000 Total All Components I $2,730,000 Storm drainage separation is also important for this part of the city and our wastewater facilities. The proposed storm sewer will serve as a trunk main to collect storm water for the area bounded by City Line, Market Place, King Street West, and St. John Street. It will connect to an existing outfall line behind the Market Place wastewater pump station. 363 Infrastructure Renewal King Street West Design sanitary $50,000 D (Utility Fund) to St. John Street sewer / watermain Transportation / Storm King Street West Design full street $110,000 Street condition poor, D (General Fund) to St. John Street reconstruction no RDH funding Infrastructure Renewal King Street West Renew 165m of $215,000 C - Sanitary to St. John Street sanitary sewer Infrastructure Renewal King Street West Renew 625m of $570,000 Watermain reliability C - Water to St. John Street watermain highly doubtful Transportation King Street West Full street $750,000 *RDH - Regionally C to St. John Street reconstruction Designated Highway Storm King Street West Install 820m of $1,035,000 Major truck system C to St. John Street trunk storm sewer for area, and outfall Design Total W &S Utility Fund 1 $50,000 Design in 2008? Design Total General Fund 1 $110,000 Construction Total W &S Utility Fund 1 $785,000 Construction in 2009? Construction Total General Fund $1,785,000 Total All Components I $2,730,000 Storm drainage separation is also important for this part of the city and our wastewater facilities. The proposed storm sewer will serve as a trunk main to collect storm water for the area bounded by City Line, Market Place, King Street West, and St. John Street. It will connect to an existing outfall line behind the Market Place wastewater pump station. 363 2008 Capital Programs — Making Choices February 14`h, 2008 Report to Common Council, M &C 2008 -28 Page 11 The road surface is also in very poor condition and requires considerable ongoing maintenance. Market Place is part of a Regionally Designated (Provincial) Highway. Needed work is costly; $835,000 for the Utility share, $1,895,000 from the General Fund. Design of this project is proposed for 2008 at an estimated cost of $160,000. As with the Westfield Road project, engineering consultants would be engaged and staff would report back at a later date to identify offset funding. Operations staff has stressed the need to replace the watermain as soon as possible; it has experienced frequent breaks and its reliability is highly doubtful. If possible, it would also make economic sense to undertake all improvements during one construction year. We are suggesting that planned programs be adjusted to allow for construction in 2009. FINANCIAL IMPLICATIONS All work proposed for this year would be budgeted within the overall Capital envelops already approved by Council for 2008. Some other projects may have to be pushed back or otherwise adjusted. RECOMMENDATIONS It is recommended that Common Council: 1. Approve a detailed design project in the amount of $50,000 (General Fund) for reconstruction of Westfield Road (Highfield Avenue to River Road C -Op); 2. Authorize staff to conduct negotiations to engage the Terrain Group, engineering consultants, to carry out the design of the Westfield Road project; 3. Approve a detailed design project in the amount of $160,000 ($50,000 W &S Utility Fund / $110,000 General Fund) for the reconstruction of Market Place and the underground services within the street right -of -way; and 4. Authorize staff to conduct negotiations to engage Crandell Engineering, engineering consultants, to carry out the design of the Market Place project. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations & Engineering 364 Terrence L. Totten, FCA City Manager 365 s 366 r.� = --- , now .-- 367 10-RE I'--v �"Wft 'Co 140 m M-I MAWIII Who -AM M- 1001!5�6 W. ■ a r i i � M;& ra M 367 10-RE I'--v �"Wft 'Co 140 m M-I MAWIII A 6. Y! , " -W re•+1 - n u iaw s1 4�.� ` ■ �� b fillyy@@ �Pf $^' .�. f». �M:M N Y' +/�. K4 f 'ail y°f • • i y � �w�ai ' -51i.� - fl- , � _ r N. _ .� L: fir• . _ '�9.. �R�i:" -aT/: .:4 Y; �! .Vd6Fr'AG I &5:�3:s„Jrt s m ti 11 ui , , - c � � Maw Afflmw*ia = �Mm 77il -31 �-� ti I i 369 31MMIMMM 0 '! a aw, T ■ A K a �7 370 !� 81 -.Y, 9«R JMWI I Y �, 372 0 9l WIC 86Y:�e4bg V WW I woo : io 0. la;w p"04, a -_ - t -o : % ■ ABUT . _ . i 5 ( S. 'Fm ft 4 !.Zf &Yi 3i;a i 'y I I ICY] NM�S. �A!G! iY•iSrII W.(+Ga�'rr+x'i.' F�wR.] it3'C611ii: (�04'�3F&! ., '- 5ifr;�IB[4E u yi lM195 INdY lP.�'.�t':1 �M n`�S .. 1 .. #? , � �$ !! _ - <#JF '.S�SMSP�': ! !M�� "'2 '#`35 b ' T IA- xYCm I :W16 9 0 IS R k I too i ■ lk5- 4-44 9 A'-� _ .1I I li A its =o- (IA ■ 9 ■ .&2 S '4Fi3:5 R4Yl~� R]W3lB�i1y #� 5..: ExsJ aio3.tk. :K 3�! _,.. ., a s5Y f. N93::�Y1?i�JT€i�!:4' ti: f� IP N.C4 G !�4 � ■�cA31i> '; 9@►..�' ■ OR % 4n Flu .:" "ow k ■ ms I * J i m •: %.. . :� � :�i,Ei/ a !30 .. 373 K. a 3 � i „::,. i9ea � ;�; � 'r ; •:Ea s a �� s : a a� a ` �ar� to 9 $�_ $ Aso Cl - rl _ kaSiYiQym�F : 901. .. kE 6M F �< i ■ W. I W WM ■ w 319E }i41. aJ 0 111 i t � 374 I Ills Tillill: s a e v :a B. I , i:�.$ :� ��a -i tA. I iF ss.,: 'i5Aii13.�.@ ■4 `i&Y.tiY ■ .515' iL1 ■', M1&s`Sf'X.i'e G 4 .:VSiEb'.6E AA -1 � : ■ ESN! rd �G: & .il#'Y :.`F # -w ■ F:A'.i' ■ c N -H I 9hxfkiK#�: 3,i '2:= ."•- •— `-- „""tl6�■ : :PSti �'TIb6 V�.�Fx9/ Di.J�:AX"=ieiMB�1�Y!8F€ �: 'Yi9 M4£ nV §tom #5 Ld3�vK+"Ji r AAMM-1 - '� �.ees ■ m� i� :r ■ � ■ ra 3 -�. ,:::wr,; -: i r 4axra� _.mss � ec� ��s?x< � ■ - - Gx �a»zaw�n� za aa� ss:.� ■a�r� mr sir � - e.- r r�m;� sus ±i 375 ■ ■ i NM am A�,, m �&� %AM& r ? nh �w l2k, 0 I 0 377 REPORT TO COMMON COUNCIL M & C —2008-37 March 3, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Common Council: SUBJECT: Proposal 2008- 092201P Consulting Services: Integrated Community Sustainability Plan PURPOSE The City of Saint John The purpose of this report is to recommend a proposal from Dillon Consulting Limited for development of an Integrated Community Sustainability Plan. BACKGROUND On November 26, 2007 Common Council received a report from the Vision 2015 Steering Committee entitled "Our Saint John of the Future ". The report presented the results of a community consultation regarding development of a Vision, Goals and Sustainability Principles. The report went on to note the following "next steps" associated with the Vision 2015 program: ► Implementation of a new governance model for the City of Saint John, ■ Collaboration with the Province of New Brunswick on Sustainable Communities, Development of an Integrated Community Sustainability Plan, P. Development of Council Priorities and Strategic Policy Plans, ► Development of a Corporate Strategic Plan, and ► Development of a Service Delivery Plan. Work is continuing on these items and significant progress is being made. M-11 In early February the City issued a Request for Proposals for consulting services to assist in the development of an Integrated Community Sustainability Plan. This is a key policy document related to the process of translating the Community's vision into action as illustrated below. Edations les Figure 1: Translating Vision into Action from City of Saint John Project Charter - translating Vision Into Action: Defining The Planning Framework The respondents were asked to address the eight objectives including: ► A review of existing plans that relate to economic, environmental, social, infrastructure and governance needs of the City; ► An inventory of community assets of the City (organizations, practices, infrastructure, networks, resources or support systems currently in place to meet community needs); b, Identify and make recommendations with regards to gaps in the existing plans as relates to the Community Vision and Goals; li- Identify and make recommendations with regards to inconsistencies amongst existing plans as relates to the Community Vision and Goals; ► Develop an Integrated Community Sustainability Plan (ICSP) to integrate key elements of existing plans and strategies to achieve the vision; r Development of a decision making framework that applies a whole systems approach; Merl action ► Provide a strategy for ongoing public consultation that would seek to get input into the process and promote consensus with stakeholders during further development of the ICSP; and to P Identify the process, methodology, and deliverables for each project phase. The City of Saint John reserved the right to short list the proposals and to request a presentation or an interview from each short- listed proponent. A copy of the proposal is attached for your information. An evaluation team of City of Saint John staff was formed to review and rate each submission. The team was comprised of Andrew Beckett, Deputy City Manager Programs and Priorities; Kim Graham, Program Manager Vision 2015; Jim Baird, Commissioner of Planning & Development and Craig Campbell, City Planner. ANALYSIS Five responses to the proposal call were received. There were some excellent proposals and the evaluation team was generally pleased with the comprehensive nature of the submissions. Proposals were rated on the basis of Quality of the Proposal; Company Experience; Personnel; Technical Work Plan and Cost. On the basis of this analysis the evaluation team is recommending that the contract for consulting services be awarded to Dillon Consulting Limited. Dillon is a nationally recognized consulting firm with offices in Saint John. In their proposal document Dillon noted the following: "Saint John has a unique opportunity to lead the way in ICS planning in the province. It is our understanding that the City is one of the first municipalities in the province to undertake the development of an ICSP. " Dillon has demonstrated experience in the development of similar plans for other municipalities across the country and has knowledge and involvement with the Benefits Blueprint study that is currently being completed in Saint John. Their proposal was well laid out and demonstrated a good understanding of the Vision 2015 Program and the community in general. They have assembled a multi - disciplinary team to complete the work including local personnel and partners. Their project coordinator will be located in Saint John. The proposed work plan associated with this project is as follows: 01191 ► Phase 1 — Review, Gap Analysis & Inventory ► Phase 2 — Community -Based Issues Analysis ► Phase 3 — Action Planning ► Phase 4 — Implementation and Monitoring Program ► Phase 5 — Draft & Final ICSP The project is scheduled for completion by the end of May, 2008 at which time it will be brought before Common Council for consideration and approval. The timing of completion of this work will coincide well with the priority setting process of the newly elected Council. FINANCIAL IMPLICATIONS The estimated cost of the project is $71,946 plus taxes. Provision was made in the 2008 General Fund Operating Budget to complete this work and in addition the City is applying for funding through the FCM's Green Municipal Fund. Our Intent to Apply under this program has been approved meaning that any costs incurred from this point forward are eligible for funding. RECOMMENDATION It is recommended that Proposal 2008- 092201P Consulting Services: Integrated Community Sustainability Plan be awarded to Dillon Consulting Limited and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, 1 I- - f&� �_ Andriw P. Beckett C.A. Deputy City Manager Programs & Priorities L. Totten F.C.A. Ci Manager � 151 MOOOO*O �AIL, City of Saint john Request for Proposal 2008-092201P CONSULTING SERVICES: INTEGRATED COMMUNITY SUSTAINABILITY PLAN Sealed proposals addressed to David Logan, Purchasing Agent, 2nd Floor, Municipal Operations Complex, 175 Rothesay Avenue, Saint John, N.B., E21- 213J, and marked on the envelope: " PROPOSAL - 2008 - 092201 P CONSULTING SERVICES: INTEGRATED COMMUNITY SUSTAINABILITY PLAN" will be received until 4:00 p.m., Thursday, February 21, 2008 for consulting services to develop an Integrated community Sustainability Plan for the City of Saint John as per specifications and terms and conditions. Proposals will be opened publicly in the office of the Purchasing Agent, 2nd Floor, Municipal Operations Complex, 175 Rothesay Avenue, immediately following the proposal closing time. The lowest or any proposal not necessarily accepted. Cindy Calvin Assistant Purchasing Agent (506) 658 -2930 9.1 TABLE OF CONTENTS SECTION 1 — PROPOSAL REQUIREMENTS Page 1.0 Introduction 1 2.0 Background 1 3.0 Scope of Work 2 4.0 Evaluation Criteria 3 5.0 Evaluation of Proposals 3 6.0 Submission of Proposal 4 SECTION 2 — STANDARD TERMS & CONDITIONS 2.1 Inquiries 5 2.2 Bidders Experience 5 2.3 Interpretations, Errors & Omissions 5 2.4 Due Diligence 5 2.5 Insurance 6 2.6 Explanation to Bidders 6 2.7 Time Limit 6 2.8 Advisory / Addendum 6 M-1193 2007 - 092201 P CONSULTING SERVICES: INTEGRATED COMMUNITY SUSTAINABILITY PLAN PROPOSAL REQUIREMENTS 1.0 , INTRODUCTION Vision 2015 is a shared plan for continuous improvement to make Saint John a national leader as a sustainable community. The multi -year program is designed to translate vision into action and to provide balance when addressing community needs. The project is using an integrated approach of planning, strategy, action, and performance measurement to align City of Saint John services to the vision and goals identified by the citizens of Saint John. Vision 2015 is seeking proposals from consultants or companies that have the necessary experience and qualifications to develop an Integrated Community Sustainability Plan (ICSP) for the City of Saint John. 2.0 BACKGROUND Vision 2015 is using a long -term, integrated, planning framework that recognizes the City of Saint John, like all municipalities, is a complex system, and it addresses environmental, economic, social, governance, and infrastructure needs. In November 2007, Vision 2015 completed an important first step with the presentation of a set of sustainability principles, community vision, and goals to Saint John Common Council. Through an extensive public engagement process, Vision 2015 received feedback from over 4.2% of the community, translating into well over fifteen thousand ideas on the future for Saint John. This information became the basis for the vision statement and goals. This request for proposal for an Integrated Community Sustainability Plan is the first iteration in the development of Saint John's ICSP. At this time, the City of Saint John wants to integrate a number of existing plans and strategies into one comprehensive document to provide future direction to the community. The ICSP will support the achievement of the community Vision and Goals for Saint John by identifying specific and measurable outcomes. The information in the ICSP will be evaluated by Saint John Common Council and will provide a basis for future public engagement. Development of an Integrated Community Sustainability Plan will begin the second phase of the Vision 2015 program. The planning framework is described below. COMMUNITY VISION The planning framework uses an approach that starts with a shared community vision and goals which were developed through widespread public engagement. The vision describes Saint John 75 to 100 years in the future. INTEGRATED COMMUNITY SUSTAINABILITY PLAN The Integrated Community Sustainability Plan timeframe is twenty to thirty years in the future. It is developed in consultation with the community and uses a whole systems approach through the integration of economic, environmental, social, infrastructure, and governance needs. The ICSP includes an analysis of current issues, identification of community goals and outcomes, action plans with performance measurement, and an implementation and monitoring plan. 011111 2008 - 092201 P Consulting Services: Integrated Community Sustainability Plan Paqe 2 COUNCIL PRIORITIES AND STRATEGIC POLICY PLANS Saint John Common Council operates on a four -year term and each new council will set priorities for their mandate from the outcomes and strategies contained in the Integrated Community Sustainability Plan. These priorities will be measurable and contribute to reaching the Saint John community vision and may take of form of strategic policy plans in specific service areas. CORPORATE STRATEGIC PLAN Saint John Common Council sets priorities and establishes policy to provide direction to the City of Saint John administration. The corporate strategic plan provides the vision, values, principles, and direction for the City of Saint John administration to translate the needs of the community into action plans. SERVICE DELIVERY PLANS The final step in the planning framework is detailed administrative plans describing how identified outcomes. 3.0 SCOPE OF WORK the development of Service Delivery Plans. These are services will be delivered to successfully achieve the The successful proponent will be responsible for accomplishing the following objectives. 1. To review existing plans, strategies, reports, or working documents, identified by the City of Saint John, that relate to economic, environmental, social, infrastructure, and governance needs of the community. 2. An inventory of the community assets of the City of Saint John. They may be organizations, practices, infrastructure, networks, resources, or support systems, currently in place to meet community needs. The inventory will be developed in consultation with community stakeholders and will assist in the development if the ICSP. 3. To identify gaps in the existing plans with regard to the Community Vision and Goals and where gaps occur, the Consultant will make recommendations to bring the plans in line with the direction of the community. 4. To identify inconsistencies amongst the existing plans with regard to the Community Vision and Goals and where inconsistencies occur, the Consultant will make recommendations to bring the plans in line with the direction of the community. 5. To develop an Integrated Community Sustainability Plan to integrate the existing plans and strategies to achieve Saint John's vision to lead the nation as a sustainable community. The ICSP will include the following elements. • The City of Saint John Sustainability Principles, Community Vision, and Goals • An analysis of current trends to identify opportunities and challenges • Identification of outcomes that must be addressed to achieve the community vision and goals • An action plan that outlines strategies to achieve the outcomes • Performance measures to monitor success of the ICSP • An implementation and monitoring process n 2 SMNT IOHN 385 2008 - 092201 P Consulting Services: Integrated Community Sustainability Plan Page 3 6. To develop a decision making framework that applies a whole systems approach through the integration of economic, environmental, social, infrastructure, and governance needs. This framework will provide the City of Saint John with practical guidelines that can be applied to balance municipal priorities during the implementation of the Integrated Community Sustainability Plan. The framework must support the achievement of the community vision and goals and be within the parameters set out by the City of Saint John Sustainability Principles. The consultant will review "best practices" and develop the framework in consultation with City departments. 7. To provide a strategy for an ongoing public consultation to seek input into the process and to develop and promote consensus with stakeholders during the further development and implementation of the Integrated Community Sustainability Plan. All proposals should detail the approach, governance, methodology, timeline, and significant work activities that will be undertaken by the consultant to achieve the objectives. Scope The Integrated Community Sustainability Plan will apply to the City of Saint John. Schedule The following schedule is for information only and will be adjusted by the City as needed.. Item Date Issue Request for Proposal January 29, 2008 Request for Proposal Closing February 21, 2008 Finalist Interviews /Presentation March 4, 2008 Recommendation to Saint John Common Council March 17, 2008 Successful proponent notified March 18, 2008 ICSP Pro'ect Completion Date May 30, 2008 4.0 EVALUATION CRITERIA The proposal will be evaluated on the following criteria. Criteria Points Experience, qualifications and capacity of consulting team 25 Experience in completing similar projects 25 Quality and comprehensiveness of the proposed work plan 30 Quality and comprehensiveness of the proposed budget an project cost 10 Quality of the proposal 10 3 SAINT JOHN 386 2008 - 092201 P Consulting Services: Integrated Community Sustainability Plan Pape 6 2.5 INSURANCE The successful contractor shall provide evidence of the following insurance coverage: General Liability with minimum limits of one million dollars, ($1,000,000.00). The policy shall include: *operations of the contractor in connection with this tender; *products and completed operations coverage; *contractual liability with respect to this tender; *the City of Saint John added as an additional named insured; *a cross liability clause; *non -owned automobile; *thirty (30) days notice of cancellation of this policy "will' be given to the City of Saint John, by the insurers; Standard automobile insurance for owned automobiles with at least the minimum limits allowed by law. This coverage is to remain in effect for the entire time frame of the contract. 2.6 EXPLANATION TO BIDDERS No verbal agreement or conservation with any officer, agent or employee of the owner either before or after execution of the contract, shall effect or modify any of the terms or obligations contained in any of the documents comprising the said contract. 2.7 TIME LIMIT Bids received after the time and date as shown on the request for quotation shall not be considered, and will be returned unopened to the bidder. 2.8 ADVISORY /ADDENDUM Periodically, the City of Saint John is required to issue notification of changes or corrections to a bid document. Normally these notifications will have direct bearing on the cost of a project and will influence the way you bid. Therefore, it is important that the city have assurances that you in -fact received the notification. In the case of an advisory notice, these are faxed to the vendor and are accompanied by a cover sheet. Vendors are instructed to sign the cover sheet and return it either by fax or in person, to the Purchasing Agent, prior to the tender closing. Addendums are either faxed, mailed or hand delivered. Each addendum contains a notification which requires bidders to sign and include the addendum with their tender bid. Failure to comply with the instructions on an advisory or addendum will result in rejection of your tender, regardless whether the changes noted in the advisory or addendum are included in the tender or not. 6 SAINT (O "N 387 ..-e.w. 2008 - 092201 P Consulting Services: Integrated Community Sustainability Plan Paae 4 5.0 EVALUATION OF PROPOSALS The lowest proposal bid may not necessarily be accepted. The City of Saint John reserves the right to accept or reject any or all proposals. Bidders may be requested to supply supplemental information after the closing date to support their proposal. Bidders may be asked either in person or by phone for an interview to discuss aspects of their proposal. 6.0 SUBMISSION OF PROPOSALS: Consultants shall deliver five (5) copies of the Technical Proposal, one original c/w signatures and four (4) photocopies along with supporting information and one (1) copy of the Financial Proposal no later than 4:00pm, local time, Thursday, February 21, 2008 clearly indicating the Consultant's name and address and marked "PROPOSAL: 2008-092201P— CONSULTING SERVICES: INTEGRATED COMMUNTIY SUSTAINABILITY PLAN" to the attention of: David Logan, CPPB Purchasing Agent Materials and Fleet Management, 2 "d Floor City of Saint John 175 Rothesay Avenue Saint John, NB, E2J 2134 The Financial Proposal is to be submitted in the Consultant's package in a separate sealed envelope with the Consultant's name and address and clearly marked as "Financial Proposal: 2008- 092201P" Please note that: Late proposals or proposals submitted by facsimile will be rejected. 2. The City assumes no responsibility for improperly addressed or delivered proposals. 3. The City of Saint John does not, by virtue of this proposal call, commit to an award of this bid, nor does it commit to accepting the lowest or any proposal submitted, but reserves the right to award this proposal in any manner deemed to be in the best interest of the City. 4. Consultants must propose on the entire project — incomplete proposals will be rejected. Immediately following the closing time, proposal packages will be publicly opened in the office of the purchasing manager. Only the names and addresses of the proponents will be made public at this time. No other information about the proposals will be disclosed at that time. Proposals will then be forwarded to an evaluation committee for review and recommendation. 4 SAINT IOHN 388 ,d wm 2008 - 092201 P Consulting Services: Integrated Community Sustainability Plan Page 5 SECTION 2 — STANDARD TERMS AND CONDITIONS 2.1 INQUIRIES All inquiries regarding this request for proposals shall be submitted in writing, at least five business days prior to the specified proposal submission date, only to the attention of: Cindy Calvin Materials Management City of Saint John Email: cindv.calvin(a)saintiohn.ca Fax: (506) 658 -4742 Phone: (506) 632 -6198 Responses to inquiries will be in writing and distributed by facsimile to all Consultants registered as having received the Terms of Reference as of the date the response is prepared. The source of the question will not be identified in the response. Verbal information shall not be binding upon the City. Inquiries after the above deadline will not receive a response. 2.2 BIDDERS EXPERIENCE Bidders shall be actually engaged in performing the type of work specified and shall be able to refer to work of a similar character performed by them within the last three years. 2.3 INTERPRETATIONS, ERRORS & OMISSIONS Any bidder who is in doubt as to the true meaning or intent of any item in the contract documents, or who discovers any discrepancies, errors or omissions in the contract documents shall notify the City of Saint John and shall request clarifications or correction thereof. All such requests shall be in writing, not less than seven (7) days before the date set for the receipt of bids. The reply shall be in the form of an addendum, a copy of which shall be forwarded to each person or firm registered with the City, as having contract documents. 2.4 DUE DILIGENCE If a health and safety offence has been committed, the onus falls on the employer to prove that it exercised due diligence i.e. Did everything it reasonably could — to avoid the offence. When hiring contractors, the City of Saint John is responsible for ensuring compliance with Health and Safety Legislation and must make sure that the appropriate accident prevention systems are implemented in the work place. Therefore, if any contractor is found to be working in an unsafe manner, or outside of current legislation, he will be made to stop work immediately. Any losses which may arise as a result of this work stoppage are the responsibility of the contractor. Failure to comply with current legislation on the part of the contractor, may lead to cancellation of this contract and any tender deposits that may be in place. W 5 SAINT IONN 389 T E.- k M & C 2008 -31 February 28, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2007 -32: Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction PURPOSE The purpose of this report is to update Council on the status of Contract 2007 -32 - Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction. BACKGROUND The 2006 and 2007 General Fund Capital Program included funding for the reconstruction of the Red Head Road and the stabilization of the slopes between Bayside Drive and the Hazen Creek Wastewater Treatment Plant. On June 18, 2007, Common Council approved the recommendation of M &C 2007 -150 for the award of Contract 2007 -32 - Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction to Fairville Construction Ltd. at their tender price of $3,695,480.00. During the Public Information Session held at the Red Head United Church on May 16, 2007, citizens requested the City of Saint John review the possibility of realigning the sharp curve in the roadway between Civic #360 Red Head Road and the entrance to the Hazen Creek Wastewater Treatment Plant. ANALYSIS After reviewing the contract unit prices, Municipal Operations and Engineering staff are of the opinion that there are cost savings to be realized by having the realignment of the curve completed under the same contract to take advantage of the competitive contract unit prices. In addition, the improved safety for the traveling public should be considered as the current roadway alignment does not meet the Standards set by the Transportation Association of Canada (TAC). 390 M & C 2008 -31 February 28, 2008 Page 2 Construction on the Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction project is scheduled to recommence on March 24, 2008 and should be completed by August 1, 2008. FINANCIAL IMPLICATIONS In the report submitted to Common Council on June 18, 2007 (M &C 2007 -150), the analysis concluded that a total amount of $2,800,000 was provided in the General Fund Capital Program budget and the projected completion cost of the road reconstruction and slope stabilization portion of Contract 2007 -32 was estimated to be $1,955,142.68, including the City's eligible H.S.T. rebate — a $844,857.32 positive difference. The approved 2008 General Fund Program provided $150,000.00 supplemental funding for roadway realignment between Civic #360 Red Head Road and the entrance to the Hazen Creek Wastewater Treatment Plant. The estimated cost to realign the curve between Civic #360 Red Head Road and the entrance to the Hazen Creek Wastewater Treatment Plant is $131,922.75 including the City's eligible H.S.T. rebate — a net positive difference of $18,077.25. RECOMMENDATION It is recommended Council authorize the roadway realignment between Civic #360 and the entrance to the Hazen Creek Wastewater Treatment Plant be completed under Contract 2007 -32 - Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction by Fairville Construction Ltd. at an additional cost of $144,130.75 as calculated based on estimated quantities. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 391 k February 28, 2008 M &C2008 -32 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: RED HEAD ROAD — ROAD RECONSTRUCTION BACKGROUND The reconstruction of Red Head Road was tendered as part of Contract 2007 -32: Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction. This Contract consists of two projects that are approved in the 2006 Water & Sewerage Capital Program and two projects that are approved in the 2006 and 2007 General Fund Capital Program as follows: A new 300mm watermain on Red Head Road from Midwood Avenue to the property of the future Eastern Wastewater Treatment Facility. 2. A new 600 mm sanitary forcemain on Red Head Road from the intersection of Bayside Drive to the property of the future Eastern Wastewater Treatment Facility and a new 200 mm sanitary sewer on Red Head Road from Midwood Avenue to Civic #315 Red Head Road. 3. Reconstruction of the Red Head Road from Bayside Drive to the existing entrance to Hazen Creek Wastewater Treatment Plant. 4. Installation of approximately 11,000 tonnes of armor stone in selected areas along the west side of Red Head Road between Bayside Drive and Civic # 315 to stabilize the existing slopes in the area. Construction work on Red Head Road began in August 2007 under Contract No. 2007 -32. Remaining work under this contract will commence in the spring of 2008 and includes road reconstruction from Bayside Drive to the existing entrance to Hazen Creek Wastewater Treatment Plant. The approved 2008 General Fund Program provided $150,000.00 supplemental funding for roadway realignment of the curve between Civic #360 and Civic #389. 392 M &C2008 -32 February 28, 2008 Page 2 ANALYSIS Saint John Energy is the primary utility that has existing infrastructure that will be affected by the road reconstruction. The early relocation of utility infrastructure is desirable so as to allow the contractor the time and space to complete the road reconstruction. Saint John Energy has provided an estimate for their cost to relocate appropriate infrastructure. Quotes from other contractors were not solicited as Saint John Energy does their own work on their infrastructure. The utility carries out the necessary work under Purchase Orders issued by the City of Saint John. FINANCIAL IMPLICATIONS The cost to relocate Saint John Energy infrastructure is $41,148.25, taxes included. Saint John Energy has advised that they will commence work as early as possible and have ensured that they will be complete by mid April, which is prior to start of the road reconstruction. An early issue of this Purchase Order will allow for engineering and material acquisition. RECOMMENDATION It is recommended that Common Council authorize Purchasing and Materials Management to issue a Purchase Order to Saint John Energy in the amount of $41,148.25 to proceed with the work as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 393 k February 21, 2008 M &C2008 -30 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: CHAMPLAIN DRIVE — STREET RECONSTRUCTION BACKGROUND Phase 1 reconstruction on Champlain Drive, between civic #30 and the north side of the traffic circle, began in September 2007 under Contract No. 2007 -15. Remaining work under this contract will commence in the spring of 2008 and includes road excavation from civic #30 to York Street and placement of asphalt seal coat from civic #30 to the north side of the traffic circle. The 2008 General Fund Capital program includes funding for Phase 2 street reconstruction on Champlain Drive, between the north side of the traffic circle and Grandview Avenue. The work includes excavation, backfill, storm sewer, curb, sidewalk, landscaping and paving. Design of Phase 2 is nearing completion and will be tendered in the coming weeks so that construction work on Phase 2 can follow after completion of Phase 1. ANALYSIS Saint John Energy is the primary utility that has existing infrastructure that will be affected by the Phase 2 street reconstruction. The early relocation of utility infrastructure is desirable so as to allow the contractor the time and space to complete the street reconstruction. Saint John Energy has provided an estimate for their cost to relocate appropriate infrastructure. Quotes from other contractors were not solicited as Saint John Energy does their own work on their infrastructure. The utility carries out the necessary work under Purchase Orders issued by the City of Saint John. 394 M &C2008 -30 February 21, 2008 Page 2 FINANCIAL IMPLICATIONS The cost to relocate Saint John Energy infrastructure is $55,822.51, taxes included. Saint John Energy has advised that they will commence work as early as possible and have ensured that they will be complete by May 23, 2008, which is prior to start of the street reconstruction. An early issue of this Purchase Order will allow for engineering and material acquisition. RECOMMENDATION It is recommended that Common Council authorize Purchasing and Materials Management to issue a Purchase Order to Saint John Energy in the amount of $55,822.51 to proceed with the work as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 395 0, AL February 25, 2008 Your Worship Norm McFarlane Members of Common Council City of Saint John Dear Mayor McFarlane and Fellow Councillors: Subject: Parking "What You Need to Know "! As Chair of the Parking Commission, please find attached a copy of "Parking in the South/Central Peninsula" for your information. Residential Zone Parking Permit Program, Alternate -Side Parking, Overnight Snow Bans, Off - Street Parking options are covered by this publication. This information was delivered to residents on February 23, 2008 by the youth of the Boys and Girls Club. The Parking Commission was very happy to form this partnership with the youth of our City. MOTION: To Receive and File. Respectfully submitted, Councillor CT /mj s a-4 ( SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L Al 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 O <n <n z w w w w w U Y: co U) � ca ca y C \/ 0 O C Y a) O a) 4 1.� vs c .c n o 0)7 W J w O¢O <ZM z •• W ■ (7 ■ ■ •W ■ ■ J � � O O O O J CO U) U) N (1) •w •w •w •w E cr- w w w W w w w W w z z z z z 0 0 0 0 0 c nm a° P, =-T m E X y.° N o 1.13 2 � M:5 - E E.0 m 3 vm0oc p o c a).- =3 E E- c c m LOa c w Ea�' �tm-cum's o- ccc`O�_I O °° Mn -o �� (DEo� f Y% `. E C QI Q dEom"5L y O to a) a) C C H CL y •ym a) a) c O C d (J C C -�° • -o m O O +� Col U L) m .a (a N 8 a) d a M, CD a) o m 3 (Epp a� ui E N 0 O--5 E ppE �ppO O o C p L O �G S. O C CC C L L m m m .y. O a C� `ON x T C=:.R >.C- �LN '00 "my' '° m C y to O 'O > a) aE)Em°)= M E ow� a E � ar c s � > > api •� H L .0 7 'gyp C y a N O Q '+po• > of > C' d C V1 'O mC V N H O '00 ar x A Q7 y N 'd ep C N N m G p C 7 C U) w o a`�cgmR .2"o n m 5 N -0 �3 N CLC jilg) ° c `r a y a) h C C Q C U) m c' N •m 'y ui y Y p m- ° Et 3C m m o Sao c C•m m - O a) H 4) C , O -o n C 55 u) C 7 L C E T Q) gg 9i i 2 z u§ •m � m 3 N m m � �i �Q '> a> C� t, yCC� m� a)E o m° °�n2 ayi `°c tm aa>i y mE E N 2 V C O N o Lou w C c� E 'O c C E t` 02 c ca, c v >a) �m'aya °)`Otma) �c�d` o o .c'-0'`o vEc °�°-i EaEi� o- �X- am)a2i ,c a¢3 �' >c a`>a) y. > �« aC� N'S C C 2 C y O 'O 'O R v O 7 u) °) > O a) d 'y G -NNC 10 C a) "� 4) a) C X 'Lou L� V� N d O fD ° t a0 y a� t 7 y C n N C ca =O 3 Lam- d D_ W O U O @ N 7 y= m 7 Z�j ,m 7 d n _ p C_O C O M� ,Q CM a N m G a1 .N ` Q.2) CA .L3 Z t7 7 O _ '� N •d y I `�' aav)\\ c L N E O N y of 'E a) "U y> = C Z O N y C 00 V7 41 N O L d v •_ e� .mw..o E o p 2 E a) c ev CA E ��t p p •- = Ln ? a o ofd o w 0 _Eg c ti G y� r. � -°° d a) H w o �� .S y N 'N U) m� c0 E'O O m c m 7 uJ cLi ° a) cn a) .CO a) € '� E a_yi m w n w? m N -(c-6 _� rn 0 � L •�R.. a.° .c m �7 c y p t > y X ° c m c) "- �j�_ aci c y 1°c ° v ° o<= n°'o c ° a, m `6> c3'� a) �' ev �di y m m 2 2 0LO a) m E a E (D °mot a) v ar a) _� c� E Ems p E c arum 0-0 c a» �y = x u)-'o` a)Og d•N y c y E- O p p o CO C a) a) N c6 a1 O �+r > O pQ cCC > m O C > I O U � �"' M -3 N m p d =p C E y z N N +aEi '0 +--• O N a D1 (6 fY$ y O!_aa))USa �' Epp cN p.Sa) °-rLUo mmE.>2r O � myy�EZc apia Zu E m N H O al L C C> 6 r= w a) V) n O E y d X d E m = ° a) e > _ �� a) 3 L c m p a) arm o c •p �- ar ar arL E L W w E pC 2 O$ CU y c.0 .(n U=° ul C �•p C ui •m0 N fA OD X C C C W W O ur �r (,� d C .2 "2 d d N y G N v 7 Nip 2'c ��.€ c. E.L cLpi c� O`.1� m pp�uu �a..`r'aai a~`ni or-°= -cmo�ar �o .'ten c o o•0> curt p E p m yc Qar:a �+cc�ra5 cc »`nom cm`vE �_ 3p�ia -o w a) ° x E a) _ a) m Q o- d= w u o� n2 d c ° °o a"vr ov C N a) y C y '0 m a ° € of c v D. o) a°i uN) ° o o f E m E ai a) L CO 2 N .� d .� ° 'of a) C = O O ` ° `' a`yr o o N� a w co uni .12 -m .mN. y ai TLS G d�+i C _° N "° -O C O N ,� y a) O V TLS 'd G C 2 N N ca 2� -C C 'O � Vr C O aEr C .id" O a_ (p :A >_y�s% �r ar d d _.0.. j m "m y N C° D- N C N fq y 0 •C R C •cA v C c> c `- 1 :9- _E c .� E w: c c Ui ar ,� ar yr c> c E '� O c 0 a) a °) car > cc c> > €$ .y m 2 o a) 'Q� m C w .� •� C C Li • � a) C C N m C E _C '00 U ° ` 'C i E d m m ao Q .7p` v> w. 3 ° a m a �) ~ o E a d o o E H p eo L �C�pp N C R m ur c N c m y y E° �r ar m m n �3 Q3Q '.�07 O C _ `C� y eq N .` a aEi p� w tin _ .0 ayi am`r 'ec-a N� Cp .?r c °" a) N .N D+ p N y N co O n n n C> D N m o O rn .�, v • • JM J in �•m'O 'c N Jw > U) 'm d J 'aLo O 0 N C. & w > Q• O. February 29, 2008 Your Worship and Councillors: SUBJECT: Douglas Heights Subdivision - Phase 4 296 Morrison Road The Planning Advisory Committee considered the attached report at its February 26, 2008 meeting. Mr. John Quigley, Kierstead Quigley and Roberts Ltd., appeared before the Committee in support of the application and staff recommendation. Jamie Dow, 302 Morrison Road, appeared before the Committee and expressed concerns with regards to surface drainage and well contamination from the proposed development. Staff indicated that the proposed Lot 08 -9 that would be adjacent to his property is 6200 square metres (66,738 square feet) while to the Provincial minimum standard of 4000 square metres (43,057 square feet). Also, the new on -site septic disposal system and well for the new lot would have to be constructed in a manner that satisfied all applicable Provincial requirements. There were no other presentations made at the meeting, and there were no letters received concerning this matter. After considering the report and presentations, the Committee resolved to adopt an amended staff recommendation, which is set out below for your convenience. This amendment involved requiring sufficient increased security to be required for the City/Developer Subdivision Agreement to construct a permanent cul -de -sac turnabout should the next phase of the subdivision not proceed within two years. The Committee also granted the requested variances and proposed street name. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted tentative Douglas Heights Subdivision — Phase 4 plan illustrating new public and future streets, as well as any necessary public utility easements, on the condition that proposed Lot 08 -8 is not residentially developed until such time that 399 Planning Advisory Committee February 29, 2008 Page 2 the existing telecommunications tower is completely removed from the area. 2. That Common Council accept a cash in lieu Land for Public Purposes dedication for the proposed tentative Douglas Heights Subdivision — Phase 4. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer, and that such Agreement(s) also include additional security for the possible construction of a permanent cul -de -sac turnabout should the next phase of the subdivision not proceed within two years as anticipated. Respectfully submitted, Stephen Horgan Chairman MRO Attachments Project No. 08 -057 M DATE: FEBRUARY 22, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 26, 2008 401 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Kierstead Quigley and Roberts Ltd. Name of Owner: 617255 NB Ltd. Location: 296 Morrison Road PID: 55174171 & 55071351 (portion thereof) Municipal Plan: Unserviced Residential Zoning: "W' One Family Rural Residential Proposal: To undertake a rural residential subdivision consisting of a new public road and five unserviced residential lots. Type of Application: Subdivision and Variances that would: (a) Increase the maximum cul -de -sac street length standard of 105 metres (344 feet) to approximately 323 metres (1,060 feet); and 401 Douglas Heights Subdivision — Phase 4 296 Morrison Road Page 2 February 22, 2008 (b) Reduce the minimum lot depth requirement of 40 metres (131 feet) to approximately 28 metres (92 feet) and 39 metres (128 feet). JURISDICTION OF COMMITTEE: The Community Planning Act also authorizes the Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and public utility easements, as well as the authorization of City/Developer Subdivision Agreements. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Subdivision and Zoning By -laws. Conditions can be imposed by the Committee. Finally, the Subdivision By -law authorizes the Committee to approve the names of new streets. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted tentative Douglas Heights Subdivision — Phase 4 plan illustrating new public and future streets, as well as any necessary public utility easements, on the condition that proposed Lot 08 -8 is not residentially developed until such time that the existing telecommunications tower is completely removed from the area. 2. That Common Council accept a cash in lieu Land for Public Purposes dedication for the proposed tentative Douglas Heights Subdivision — Phase 4. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 4. That the Planning Advisory Committee grant a variance from the requirements of the Subdivision By -law that would increase the maximum cul -de -sac street length standard of 105 metres (344 feet) to approximately 323 metres (1,060 feet). 5. That the Planning Advisory Committee grant a variance from the requirements of the Zoning By -law that would reduce the minimum lot depth requirement of 40 metres (131 WA Douglas Heights Subdivision — Phase 4 296 Morrison Road Page 3 February 22, 2008 feet) to approximately 28 metres (92 feet) for proposed Lot 08 -2 and 39 metres (128 feet) for proposed Lots 08 -7 & 08 -8. 6. That the Planning Advisory Committee approve the new street name "Saddlebrook Court." BACKGROUND: Back in the late 1980s the subject property, along with other lands in the area owned by Louis Doucet, was rezoned from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential in order to permit the extension of Morrison Road with additional unserviced residential lots. Due to concerns expressed by the Department of Municipal Affairs & Environment with respect to the possible contamination of Douglas Lake by further development, tentative subdivision approval was only given for the creation of six lots. A Section 39 condition also prohibited trees from being removed along the shore of the lake. After further review by the Department of Environment, in 1991, and again in 2000, the developer (Louis Doucet) was successful in acquiring permission to create four additional unserviced residential lots along a further extension of Morrison Road. With regards to the subject property at 296 Morrison Road, no tentative subdivision plan was ever received for consideration, though the property was reviewed by the Province (Departments of Environment and Health) and deemed appropriate to rezone in order to accommodate a future phase of the original rural residential subdivision development. On June 29, 2004 the Planning Advisory Committee favourably considered an application by Rogers Wireless to erect an 11 metre (36 foot) high telecommunications tower on a portion of the subject property (now known as PID No. 55174171, and being a portion of proposed Lot 08 -8 on the submitted tentative subdivision plan). INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to this proposed subdivision and requested lot depth variances. MO &E has also provided the following comments: The grade of Belleview Court will be relatively steep (approximately 10 %) over the first 200 metres (656 feet) from Morrison Road with one section potentially at a grade greater than 10 %, and would be approximately 100 metres (328 feet) longer than the Subdivision By -law normally permits. 403 Douglas Heights Subdivision — Phase 4 Page 4 296 Morrison Road February 22, 2008 Building and Technical Services has been advised of this proposed subdivision development. Saint John Energy has advised that overhead facilities are available in the area to service the proposed subdivision. An extension of facilities may be required to service the lots. All costs will be dealt with the developer at such time when they are requested. Aliant Telecom has no issues with regards to this subdivision proposal. Rogers has been advised of this application. Maritimes & Northeast Pipeline has no concerns with regards to this development. Leisure Services has been advised of this matter. Fire Department has no objection to the proposed residential subdivision provided that the new street is constructed to acceptable public standards (i.e., National Building Code Standard 3.2.5.6 Access Route Design). However, the Saint John Fire Department has expressed significant concern for the proposed (temporary) turnaround. N.B. Department of Public Health and Wellness has been advised of this application. School Board has been advised of this matter. Saint John Airport Inc. & Transport Canada have both been advised of this residential subdivision development. Transport Canada has indicated that any construction in the vicinity of the Saint John Airport must comply with the Federal Registered Zoning Regulations for the airport. The developer and his consultant(s) can obtain these requirements from Wayne MacAllister (Saint John Airport Manager). ANALYSIS: Subject Property and Neighbourhood The subject property is situated at the end of Morrison Road (see attached location map). The subject property has an approximate area of 5.6 hectares (13.8 acres) and has mature stands of evergreen trees. The site has a 20 metre (66 foot) wide frontage on Morrison Road, and a telecommunications tower is located in the eastern portion of the site. Five developed residential properties are immediately adjacent to the subject property. Each of these properties are covered by mature evergreen trees in their backyards. The adjoining Debly Forest Serviced Ltd. property to the west has remained undeveloped. Immediately to the south is .& Douglas Heights Subdivision — Phase 4 Page 5 296 Morrison Road February 22, 2008 a very large property owned by City of Saint John, which is also a protected watershed area. Adjacent to the east is the Saint John Airport Inc. property. Development Proposal and Requested Variances The proposal involves the construction of a new public road (Belleview Court) with five unserviced residential lots. However, proposed Lot 08 -8 would remain residentially undeveloped until such time that an existing Rogers Wireless telecommunications tower is removed. A condition ensuring this arrangement has been recommended. Staff understands that the developer is aware to this condition. The area was rezoned to "RR" One Family Rural Residential in the late 1980s. This zoning permits the development of rural (unserviced) residential subdivisions. The Zoning By -law requires a minimum lot area of 5000 square metres, a minimum lot with of 60 metres, and a minimum lot depth of 40 metres. The proposed lots can satisfy these requirements except for the following: • Lot 08 -2 has a varying lot depth of 28 metres (92 feet) to 77 metres (253 feet); • Lot 08 -7 has a varying lot depth of 39 metres (128 feet) to 67 metres (220 feet); and • Lot 08 -8 has a varying lot depth of 39 metres (128 feet) to 111 metres (364 feet). In addition, the Subdivision By -law restricts the length of a cul -de -sac street to a maximum of 105 metres (344 feet). The proposed road would be approximately 323 metres (1,060 feet) from Morrison Road (public street right -of -way) to the proposed temporary turnabout. It should be noted that this By -law standard is based on a serviced situation where a total of 14 lots could be developed. The proposed cul -de -sac would only provide access for 5 lots (9 including the future development area — see Future Development section of this report). The City's Planning Advisory Committee would have to grant these variances in order to allow the tentative plan to be approved. The lot depth reductions are due to the rather significant angle of the common boundary with the adjoining Debly Forest Services Ltd. property (PID No. 00421909). The proponent was encouraged to discuss with the adjacent property owner the possibility of rearranging this property boundary, but according to the applicant there was no willingness for such discussion by the other landowner. It should be mentioned, as requested by City staff, that the tentative plan was revised to provide for a possible future street to this adjoining property, which also has two existing frontages on Morrison Road where additional public roads could also be constructed in order to provide access to this other property. Under the circumstances the requested variances can be supported for approval. There will be ample area to construct dwellings on these large unserviced lots. 405 Douglas Heights Subdivision — Phase 4 Page 6 296 Morrison Road February 22, 2008 Provision of Street Work and Facilities The developer will be responsible to construct the proposed new street to Country Road Standards, which involves an asphalt surface, ditching and overhead public utilities. No sidewalks or curbing would be involved. There will also be a requirement for street lighting. Municipal Operations and Engineering has indicated that the initial portion of the proposed new road will be steep. The Subdivision By -law imposes a maximum gradient of 10 percent for local streets. The developer will be expected to construct this new road under this standard, especially given the curves necessary to subdivide this irregularly shaped property. If a variance is later requested it will have to be very carefully considered when engineering plans are received by the City. The recommendation includes all the necessary assents and approvals for this proposed subdivision development. It must be mentioned that the Development Officer cannot endorse the final subdivision plan until written confirmation is received from N.B. Department of Public Services that the proposed lots are acceptable with respect to the installation of on -site septic disposal systems. The developer has been made aware of this matter. Land for Public Purposes The Subdivision By -law requires a Land for Public Purposes dedication of either 10 percent of the subject area (not including public street rights -of -way). For this particular development a 2,620 square metre (28,202 square foot or 0.65 acre) L.P.P. parcel is required. Given the amenity spaces of the proposed lots, and the location of this relatively small subdivision, the applicant is seeking permission to provide a cash dedication instead. While the Municipal Plan promotes land dedications for rural residential subdivisions, it is being recommended that a cash in lieu L.P.P. dedication be accepted. This will represent eight percent of the market value of the subject property. Street Naming The requested street name `Belleview Court" is not sufficiently different from another existing street name in Saint John. Upon further discussion with the applicant the name "Saddlebrook Court" is acceptable to City staff, and is being recommended for approval by the Planning Advisory Committee. M Douglas Heights Subdivision — Phase 4 296 Morrison Road Future Development Page 7 February 22, 2008 As illustrated on the submitted the tentative plan, the developer intends to further develop the remainder of the subject property by extending the proposed road in order to create four additional lots. However, in order to proceed with such a development the remainder of the property needs to be rezoned to "RR" One Family Rural Residential. The landowner intends to submit the rezoning application by spring. In the meantime, the developer would like to obtain tentative approval of the initial phase of this project. In addition to the rezoning and subdivision approval, the developer will also require a further variance in order to allow the cul -de -sac street to be extended. This will be supported by staff when the application is considered. With respect to the Fire Department's comments concerning their concerns with regards to the turnaround, as this is only a temporary turnaround it will not be constructed (i.e., restricted) with asphalt and ditching. Instead, a large gravel area will be developed at the end of the proposed public street that will accommodate the turning of vehicles (including large fire and garbage trucks and snowploughs). Such temporary turnabouts are permitted by the Subdivision By -law. The permanent cul -de -sac will satisfy all applicable By -law requirements, and be fully acceptable to the Fire Department. Again, the permanent cul -de -sac is expected to be constructed later this year (subject to rezoning approval). CONCLUSION: The applicant is seeking permission to undertake a small rural residential subdivision over the subject property. The existing zoning would allow for the creation of five lots. Later this year a rezoning application will be submitted in order to develop the remainder with four additional lots. Except for the mentioned lot depth variances, the proposed lots can satisfy the requirements of the Zoning By -law. The requested variance to allow the cul -de -sac to be longer than normally allowed is considered reasonable, and such a variance has been granted by the Planning Advisory Committee a number of times for rural residential subdivisions. The design of the subdivision is acceptable to Municipal Operations and Engineering, though some concern with regards to initial street grade has been expressed. This matter will have to be carefully considered by the developer's consultant(s). All the necessary approvals and assents have been recommended. This recommendation includes a revised street name and a cash in lieu Land for Public Purposes dedication. A condition restricting the residential development of one of the proposed lots has also been recommended. This lot presently contains a telecommunications tower. When this tower is removed the lot will be permitted to be developed with a dwelling. The applicant is agreeable with this condition. MRo Project No. 08 -057 407 PLANNING AND DEVELOPMENT I URBANISME ET DtVELOPPEMENT IL RS -R-S-1-M RS- I R RR R R R Subject Site / site en question: Location: 296 Morrison Rd. / ch. Morrison Date: February/ f6vrier 11, 2008 Scale / 6chelle: Not to scale / Pas a 1'6chelle P m RF PID(s) / NIP(s): 55174171 55071351 (portion of / partie du) m 'at J .4 N m � e O,c CL fG ez �J O °z6 f0 C EL O Via, -°, G at N +y N O c O cr. z LV c § 3 ° >, O'n m US r °r R°° A �� co E B$ ,9 Q cl J�J�e � ,w br• � U $� 107 N ,� Yg C13 d R CA Y v o• hg o a J � z v o Q �a d � � 0 I I / t ° to r m February 29, 2008 Your Worship and Councillors: SUBJECT: Jeffrey and Ronda Evans Subdivision 100 Point Road The Planning Advisory Committee considered the attached reports at its January 15 and February 26, 2008 meetings. Mr. Richard Turner, Hughes Surveys and Consultants Inc., appeared before the Committee at both meetings in support of the application and staff recommendation. There were no other presentations made at the last meeting, but a resident (John Baird, 120 Point Road) did appear before the Committee at the initial meeting. There were also two letters previously received concerning this matter (see attachments). Mr. Turner indicated at the last meeting that a derelict vehicle had been removed from the property. Concern had been raised concerning this vehicle previously. There was also an issue raised with regards to small boulders placed along the driveway of the residence situated at 110 Point Road. According to Mr. Turner discussion had taken place with the adjacent landowner (Joshua Vautour) with regards to a slight boundary adjustment that would remove a long existing driveway encroachment. A revised tentative subdivision plan was shown at the meeting by the applicant. This revision required a lot with variance of 27 metres (89 feet), and introduced a new lot area variance of 3900 square metres (41,981 square feet). Staff was supportive of removing the driveway encroachment. It was mentioned that while the Committee could consider granting these requested variances, the N.B. Department of Public Health Services might not be willing to grant the additional lot area variance. If so, there would still be ample area from the subject property to enlarge the proposed lot (Lot 07 -01) to the minimum area standard of 4000 square metres (43,057 square feet). After considering the report and presentations, the Committee resolved to adopt the recommendation, which is set out below for your convenience. The Committee also granted the mentioned variances (with the recommended condition) for the revised tentative plan. 410 Planning Advisory Committee February 29, 2008 RECOMMENDATION: Page 2 That Common Council accept a cash in lieu Land for Public Purposes dedication for the proposed Jeffrey and Ronda Evans Subdivision (Lot 07 -01) at 100 Point Road. Respectfully submitted, Stephen Horgan Chairman MRO Attachments Project No. 08 -008 411 DATE: FEBRUARY 22, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 26, 2008 Mark O'Hearn Planning Officer SUBJECT: Jeffrey and Ronda Evans Subdivision 100 Point Road On January 15, 2008 the Planning Advisory Committee considered the attached report. At the meeting concerns were raised about a derelict vehicle and small boulders placed along the side of the driveway for the residence at 110 Point Road. As mentioned at the meeting these objects are located on the subject property. While there did not appear to be concern with respect to the proposed one -lot subdivision, the Committee tabled the application in order to allow the applicant the opportunity to discuss these other concerns with the landowner and interested neighbours. The applicant has requested that the application now be returned to the Committee for consideration. Staff understands that the derelict vehicle has been removed. At the meeting the applicant is expected to provide further information concerning the small boulders. It is unknown whether any discussion was held with interested neighbours. MRO /m Project No. 08 -008 412 PLANNING AND DEVELOPMENT URBANISME ET DtVELOPPEMENT 1- 2 RS R S\,. 2 S - 2 M Subject Site / site en question: PID(s) / NIP(s): 00286096 Location: 100 Point Rd. / ch. Point Date: December / d6cembre 12, 2007 Scale / 6chelle: Not to scale / Pas a 1'6chelle 413 It s$ e b a:t say} .3 z,. Its we • a. 2q�C.o i � a � � p �.Z.`j � _ ill E od a 03 c 0 ri yOIY � ii�'� .Y O � � .. w n • • � e V� i k / IL "; To n \'mod / S Jr W# oi oa 5' All s 4 $ ri3 1y ;, i t� 14 T'i Planning Advisory Committee City of Saint John P.O.Box 1971 Saint John, N.B. E2L 41_1 Dear Sirs; RECEIVED 'JAS) 10 NO3. ®�L7 In response to your letter addressed to me dated December 12,2007 for the proposed Jeffrey and Ronda Evans, (one -Lot) Subdivision 100 Point Road. Project # 08 -008 My question to the planning and advisory committee is why is the access road to this subdivision only a driveway when the specifications for a sub - division requires an access road to the property at a specific width and this drive way to this subdivision does not meet any of these requirements. I previously requested to subdivide my property for the purpose of providing my son and daughter with a parcel of land to relocate on the point road and was advised by the city in order for me to do so I was required to build an access road to the specifications of the city, more specifically 66 feet wide. At that time I had #e�of 500 feet since I was not in a position to construct a road to these specifications so otherw d71 options were taken with respect to the dividing of my property. If this is the case that the access to this sub - division property Lot 07 -01 and Lot 05 -01 is acceptable to have an access that is simply a drive way then in the future there will also be a request from persons in the surrounding areas to subdivide the property with only a driveway that is comparable to that of Sub - Division that is the property of Ronda and Jeff Evans. I have for many years owned a commercial piece of property within view of this new proposed sub - division and have never had any complaints of how the this property looked from the view of other dwelling surrounding this parcel of land or from the main road. Although this busy commercial site in itself drew patrons in search for scrap and vehicle parts any unsightly debris was not noticeable to the public, unlike what has taken place in the property of 100 -point road. Since 2004 when the occupants of this property moved to Lorneville unsightly vehicles have been an eye sore to all who live in the area. As late as 2005 Mr. Jeff Evans has also placed unsightly rocks down the property line of 110 -point road property previously owned by a relative Mr. Lorne Evans. This action of Mr. Jeff Evans to take a parcel of land in full view of all surrounding residence and the general public and create such an unsightly. premises is unacceptable to me and to all individuals involved. 415 I am asking for a written reply to my question on what is the expected and specifications of the access road that is required for this sub - division for Mr. Jeff Evans. Unless this access road meets the specifications I am opposed to this proposal. Respectfully. r Jack BaiO.d 'R eed 416 Planning and Development City of Saint John P. O. Box 1971 Saint John, N. B. E214L1 Re: Proposed Jeffrey and Ronda Evans (one -Lot) subdivision Letter dated December 12,2007. Project No 08 -008 Mr. Mark O'Hearn This is in reply to your correspondence dated December 12,2007. p, r 10 2' 100 PoinlnA It is evident that the construction of a new residential site in Lorneville will certainly contribute to this growing community. It is noted that in 2004 when permission was granted to create Lot 05 -01 with a private driveway access this was also expected to be a positive contribution to our community, however this was not the case. It is always anticipated that new development to our community would be an asset. The residents in lorneville take pride in their property at an expense for the ground cover trees and paved driveways. The properties around lot 07 -01 have always been the pride of Lorneville with their immaculate lawns, clean homes and paved driveways keeping up the property value is not an expectation but expected. This has not been the case since the creation of Lot 05 -01 in 2004 its usage has brought down the property and the sprits of residence living in our community. In your 4th paragraph you have indicted that a Subdivision By -law may be implemented. The purpose of this implementation is to ensure the improvement of this property. The first action that needs to be taken prior to this application for Lot 07 -01 is to improve the existing property as it is. Since 2004 this property has declined with the existence of old vehicles not in working condition is sight of the main road. And the placement of large dangerous boulders that required to be placed by excavator down the property line of 100 and 110 Point Road. This not only is unsightly but decreases the property value of not only the existing homes surrounding this property however it reflects and places an image on all property owners on the Point Road. Senior residences have been upset with individuals stating to them "oh! You live on the road with the rocks down the driveway." There is existing property around this area that in the near future may be considered for sale, real estate agent, Mr. Doug Costello from Royal Lepage has already stated that this unsightly property and the unsightly rocks down the property line will be a deterrent to new property and home owners in this area. Many stakeholders, clubs and committees in Lorneville both new and existing have contributed their time with the assistance of financial contributions to the beautification of this community. The work that has been completed included our community center, walking trails, our church and the refurbishment of two of the oldest graveyards in Saint John and the continued upkeep of the existing graveyard and worship center. 417 Since it is one of the goals of members of the council of the City of Saint to attract residence to remain in the city limits it should also be a goal to ensure that property within the city remains suitable with respect to the location of other properties and appropriate to attract new home owners. Since the city is committed to implement the Subdivision By -Law when necessary we are asking to have the existing property lost 05 -01 brought up to the standards to enhance the value of the surrounding properties. I am sure you are aware by way of request for building permits the homes that have recently been construction and the new home construction and sales have excelled this is a welcome to new home owners and existing residence in Lorneville as this area has been a well kept secrete to all residents there. It is most likely that the new home will be constructed at the back of this property as the width is within the minimum standards, should this occur it is likely that the unsightly vehicles and boulders will remain as it will not interfere with the new home owners but will continue to be unsightly and decrease the value of not only the surrounding property but for all residence in Lorneville. To conclude we are asking on behalf of many residences for the city to include in this application 1. To have Lot 05 -01 brought to the standards that is expected for property owners in Lorneville not to lose the value of their property and to give residence some pride in saying we live in Lorneville a village within the city of Saint John, more specifically the removal of the old vehicles and boulders. 2. To only allow access to this new proposed lot 07 -01 from the existing private driveway approved in 2004 when lot 05 -01 was created. It is a dangerous situation now in the winter months with the run off from water and ice from the culvert on 100 point road as this culvert was constructed many years ago and never redesigned to the codes of the city of Saint John when the new private drive way was constructed. To allow a new driveway to access this new lot would decrease the allowable width by yet another 12 feet a width that is not acceptable by the surrounding homeowners. Respectfully Residence of surrounding areas. 4 b 418