2006-06-05_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaire
City of Saint John
Common Council Meeting
Monday, June 5, 2006
Common Council Chamber
Supplemental Agenda
Re: 9.1(b) Planning Advisory Committee Report recommending Section 39
Amendment and Re-zoning - 2075 Loch Lomond Rd.
Re: 9.2(b) Planning Advisory Committee Report Re-zoning Manchester Estates-
1032 McCavour Dr.
12.5 Committee of the Whole Report - Red Head Secondary Access Road -
Expropriation Process
12.6 - Committee of the Whole Report - Contract 2005-14 Arbitration - Fairville
Boulevard Street Reconstruction
City of Saint John
Seance du conseil communal
Le lundi 05 juin 2006
Salle du conseil communal
L'ordre du jour supplementaire
Alinea 9.1 (b) Comite consultatif d'urbanisme recommandant Ie projet de modification de
I'arrete sur Ie zonage et des conditions imposees par I'article 39 relativement au terrain
situe au 2075, chemin Loch Lomond
Alinea 9.2(b) Comite consultatif d'urbanisme recommandant Ie projet de modification de
I'arrete sur Ie zonage et des conditions imposees par I'article 39 relativement au terrain
situe au 1032, promenade McCavour
12.5 Rapport du comite plenier relativement a processus d'expropriation relatif a la
voie d'acces secondaire Red Head
12.6 Rapport du comite plenier relativement a Contrat 2005-14 - Travaux de refection
du boulevard Fairville
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Planning
Advisory Committee
506658-2800
P.O. Box 1971
Saint John
New Brunswick
Canada E2L 4L 1
(
May 31, 2006
Your Worship and Councillors:
City of Saint John
SUBJECT: Section 39 Amendment and Rezoning
2075 Loch Lomond Road
On May 8, 2006 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its May 30, 2006 meeting.
The applicants, Sean and Dennis Luck, appeared before the Committee in support
of the application and staff recommendation. There were no other presentations
made at the meeting concerning this matter, but there were letters received from
surrounding property owners (see attachments).
The Committee questioned the applicants concerning the establishment of a florist
store and its use of a small mobile sign, both of which were in conflict with
existing conditions of approval. After some discussion the Committee resolved to
adopt staff recommendation, which is set-out below for your convenience.
RECOMMENDATION:
I. That Common Council amend the Section 39 conditions imposed on the
July 7, 2003 rezoning of the property located at 2075 Loch Lomond Road,
also identified as PID No. 55164230, by replacing the existing conditions
with the following:
(a) That the property only be developed with one-storey buildings and
limited to the following uses: business office, church, community
centre, dwelling unit, funeral home, park, personal service shop,
repair service shop, retail store, school, health club, or a group
care facility;
(b) That no building or structure (except for fencing) be situated
within 6 metres of the eastern side property boundary of the
property;
(c) That a board-on-board fence with a minimum height of 2.4 metres
be constructed by the proponent along the common property
Planning Advisory Committee
May 31,2006
Page 2
boundary with 2109 Loch Lomond Road (PID No. 55027973), and
that such fence be constructed 8.5 metres back from Loch Lomond
Road to the rear of the existing commercial building, a distance of
approximately 57 metres, and that such fencing must be completed
prior to the issuance of a building permit for the development of
the proposed future office building;
(d) That exterior lighting not operate after 10:00 p.m. daily, and that
such lighting be designed in a manner that does not direct light
onto adjacent residential properties;
(e) That the development be in accordance with one or more detailed
site plans approved by the Development Officer illustrating asphalt
parking areas and driveways;
(f) That site be developed in accordance with one or more detailed
drainage plans, subject to the approval of the Chief City Engineer,
including the installation of any necessary catch basins;
(g) All disturbed areas of the development site not occupied by
buildings, parking areas and driveways be landscaped within six
(6) months from the issuance of a building permit for any phase of
the commercial development;
and the land and any building or structure thereon must be
developed and used in conformity with the proposal and conditions
identified herein.
2. That Common Council rezone a parcel of land with an area of
approximately 900 square metres, located immediately adjacent to 2075
Loch Lomond Road, also identified as being the front portion ofPID No.
00325209, from "RS-l" One and Two Family Suburban Residential 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 located immediately
adjacent to 2075 Loch Lomond Road, also identified as being the front
portion ofPID No. 00325209, be limited to the following:
(a) This area only be developed with a paved driveway access for the
adjoining commercial development at 2075 Loch Lomond Road,
also identified as being PID No. 55164230, and that no buildings
or structures (except for fencing) be permitted within this area; and
(b) That a board-on-board fence with a minimum height of 2.4 metres
be constructed by the proponent along the common property
boundary with 2051 Loch Lomond Road (PID No. 00331041), and
that such fence be constructed 8.5 metres back from Loch Lomond
Road to the front of the existing commercial building, a distance of
Planning Advisory Committee
May 31, 2006
Page 3
approximately 35 metres, and that such fencing must be completed
prior to the development of the proposed commercial driveway;
and that the land and any structure thereon must be developed and used in
conformity with the proposal and condition identified herein.
Respect~ully submitted,
v
u~-----
tephen Horgan ~
Vice-Chairman
MRO
Attachments
Project No. 06-123
Planning and Development
Urbanisme et developpement
P.O. Box/C.P. 1971
Saint John, NB/N.-B.
Canada E2L 4L1
w\vw.saintjohn.ca
DATE:
MAY 26, 2006
The City of Saint John
TO:
PLANNING ADVISORY COMMITTEE
FROM:
PLANNING AND DEVELOPMENT
FOR:
MEETING OF MAY 30, 2006
~~Qr~
Mark O'Hearn
Planning Officer
SUBJECT:
Name of Applicant:
607528 N.B. Ltd. (Sean Luck) and Eire Holdings Ltd.
(Dennis and Judianne Luck)
Name of Owner:
607528 N.B. Ltd. (Sean Luck) and Eire Holdings Ltd.
(Dennis and Judianne Luck)
Location:
2075 Loch Lomond Road
PID:
55164230 and 00325209 (portion thereof)
Municipal Plan:
Neighbourhood Centre
Zoning:
Existing:
"RS-l" One and Two Family Suburban
Residential and "B-2" General Business
Proposed:
"B-2" General Business
Proposal:
To allow for future expansion of an existing commercial
development, and to develop a secondary commercial
driveway.
Type of Application:
Section 39 Amendment and Rezoning
Sean, Dennis and Judianne Luck
2075 Loch Lomond Road
Page 2
May 26, 2006
JURISDICTION OF COMMITTEE:
Common Council has also requested the views of the Committee concerning the proposed
amendment to the Section 39 conditions. Common Council will consider the Committee's
recommendation at a Public Hearing on Monday, June 5, 2006.
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, June
. 5, 2006.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council amend the Section 39 conditions imposed on the July 7, 2003
rezoning of the property located at 2075 Loch Lomond Road, also identified as PID
No. 55164230, by replacing the existing conditions with the following:
(a) That the property only be developed with one-storey buildings and limited to the
following uses: business office, church, community centre, dwelling unit, funeral
home, park, personal service shop, repair service shop, retail store, school, health
club, or a group care facility;
(b) That no building or structure (except for fencing) be situated within 6 metres of
the eastern side property boundary of the property;
(c) That a board-on-board fence with a minimum height of2.4 metres be constructed
by the proponent along the common property boundary with 2109 Loch Lomond
Road (PID No. 55027973), and that such fence be constructed 8.5 metres back
from Loch Lomond Road to the rear of the existing commercial building, a
distance of approximately 57 metres, and that such fencing must be completed
prior to the issuance of a building permit for the development of the proposed
future office building;
(d) That exterior lighting not operate after 10:00 p.m. daily, and that such lighting be
designed in a manner that does not direct light onto adjacent residential properties;
(e) That the development be in accordance with one or more detailed site plans
approved by the Development Officer illustrating asphalt parking areas and
driveways;
Sean, Dennis and Judianne Luck
2075 Loch Lomond Road
Page 3
May 26, 2006
(f) That site be developed in accordance with one or more detailed drainage plans,
subject to the approval of the Chief City Engineer, including the installation of
any necessary catch basins;
(g) All disturbed areas of the development site not occupied by buildings, parking
areas and driveways be landscaped within six (6) months from the issuance of a
building permit for any phase of the commercial development;
and the land and any building or structure thereon must be developed and used in
conformity with the proposal and conditions identified herein.
2. That Common Council rezone a parcel of land with an area of approximately 900 square
metres, located immediately adjacent to 2075 Loch Lomond Road, also identified as
being the front portion ofPID No. 00325209, from "RS-l" One and Two Family
Suburban Residential to "B-2" General Business.
3. That, pursuant to the provisions of Section 39 ofthe Community Planning Act, the
proposed development ofthe parcel ofland located immediately adjacent to 2075 Loch
Lomond Road, also identified as being the front portion ofPID No. 00325209, be limited
to the following:
(a) This area only be developed with a paved driveway access for the adjoining
commercial development at 2075 Loch Lomond Road, also identified as being
PID No. 55164230, and that no buildings or structures (except for fencing) be
permitted within this area; and
(b) That a board-on-board fence with a minimum height of 2.4 metres be constructed
by the proponent along the common property boundary with 2051 Loch Lomond
Road (PID No. 00331041), and that such fence be constructed 8.5 metres back
from Loch Lomond Road to the front of the existing commercial building, a
distance of approximately 35 metres, and that such fencing must be completed
prior to the development of the proposed commercial driveway;
and that the land and any structure thereon must be developed and used in conformity
with the proposal and condition identified herein.
BACKGROUND:
On June 17,2003 the Planning Advisory Committee considered an application by Dennis and
Judianne Luck (Eire Holdings Ltd.) to redesignate subject property (2075 Loch Lomond Road)
from Low Density Residential to Neighbourhood Centre Commercial and to concurrently
rezone the same from ~~RS-l" One and Two Family Suburban Residential to "B-2" General
Sean, Dennis and Judianne Luck
2075 Loch Lomond Road
Page 4
May 26, 2006
Business. The reason for this request was to construct a commercial building containing a
pharmacy and office space for another health-related business.
After considering the matter, the Committee resolved to recommend the redesignation and
rezoning of the property for the proposed development of a 976-square metre one-storey
commercial building with the following Section 39 conditions:
(a) The commercial development be limited to the proposed building containing a pharmacy
and health-related business offices;
(b) The development be in accordance with a detailed site plan approved by the Development
Officer illustrating an asphalt parking area and driveways;
(c) The development be in accordance with a detailed drainage plan, subject to the approval
of the Chief City Engineer, including the installation of any necessary catch basins; and
(d) All areas of the development site not occupied by the proposed building, parking area and
driveways be landscaped within six (6) months from the issuance of a building permit for
the proposed commercial development.
On July 7, 2003 Common Council gave third reading to the requested Plan amendment and
rezoning. However, due to an error the Plan amendment was not registered within the time limits
of the Community Planning Act. Therefore, the Committee recommended the amendment again
on April 6, 2004. At that same time the PAC also favourably considered a variance to permit an
existing 12-square metre (129-square foot) freestanding sign to remain on the property. A
condition was imposed that required two existing mobile signs be removed by no later than April
30,2004, and that no further mobile signs be placed on the property. A mobile sign for a florist
business on the property was situated near the road at the time of a recent visit to the site.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection to this application, provided the
proposed new entrance does not prohibit the eventual development of a public street in order to
provide access to the remainder of the undeveloped lands.
Building and Technical Services has no concerns with regards to this development.
ANALYSIS:
In June 2003 an application was made by Eire Holdings Ltd. (Dennis and Judianne Luck) to
redesignate and rezone a 1.8-hectare (4.5-acre) undeveloped property on Loch Lomond Road (see
Sean, Dennis and Judianne Luck
2075 Loch Lomond Road
Page 5
May 26, 2006
attachments). There were a number of Section 39 conditions imposed (see Background section
of this report). The proponent, Sean Luck (pharmacist and son of Dennis and Judianne Luck),
proposed to construct a commercial building for a new pharmacy and intended to include a
health-related business in the building. The Section 39 conditions limited the use ofthe property
to the applicant's proposal.
Since that time a building has been constructed with a paved parking area facing Loch Lomond
Road. A pharmacy store (Lakewood Guardian Pharmacy) occupies the majority of the building,
but failing to attract a health-related business for the office space, a small florist shop (Galbraith
Florists) was allowed by the landowner to open in the originally proposed office space.
Revised Proposal
Given the difficulty to attract other health-related businesses, and the proponent's desire to
eventually expand the existing commercial development, the proponent (Sean Luck) is seeking
permission to expand the permitted uses to those normally allowed under the "B-2" General
Business zone (see attachments).
The applicant is also wishing to improve the circulation of the parking area be including another
driveway onto Loch Lomond Road. However, instead of developing a second access on the
subject property at 2075 Loch Lomond Road, permission is being sought to construct the
commercial driveway over the adjoining property owned by Eire Holdings Ltd (parents of the
proponent). In order to allow for this commercial access the property must be rezoned from
"RS-l" One and Two Family Suburban Residential to "B-2" General Business.
Section 39 Amendment
When the subject property was originally considered for redesignation and rezoning, it was
recognized that this new Neighbourhood Centre could be further developed, subject to necessary
approvals by N.B. Department of Health and Environment (this area is unserviced), as the
Municipal Plan supports such commercial nodes with up to approximately 5000 square metres
(53,821 square feet) of floor space.
The existing building is only 975 square metres (10,500 square feet), and the proposed future
building is only 372 square metres (4,000 square feet). However, given the lack of information,
and the proximity of surrounding residential properties, it was recommended that the property be
limited to the applicant's specific proposal at that time.
While the request to expand the permitted uses for this Neighbourhood Centre is generally
supported by the Municipal Plan, without detailed plans it is difficult to ascertain what, if any,
impacts there could be on the surrounding neighbourhood for all the "B-2" land uses.
Sean, Dennis and Judianne Luck
2075 Loch Lomond Road
Page 6
May 26, 2006
Therefore, after discussing this matter with the applicant, the following uses can be
recommended as they are deemed appropriate for this specific location: business office, church,
community centre, dwelling unit, funeral home, park, personal service shop, repair service shop,
retail store, school, health club, or a group care facility. There have been a number of other uses
that have been excluded (see attached "B-2" General Business zone).
It should be mentioned at this time that the applicant may wish to eventually consider the
establishment of a restaurant, provided approval is granted by N.B. Department of Health and
Environment, and would submit a further application (Section 39 Amendment) with detailed
plans of such a proposal. Depending on the nature, scale, and design of such a restaurant this
may be appropriate.
The applicant also intends to eventually construct another building adjacent to the existing
pharmacy building along Loch Lomond Road (see attachments). The applicant has suggested
that this office building would be approximately 372 square metres (4,000 square feet). The
"B-2" General Business zone only requires a minimum side yard of 3 metres (10 feet). It is
recommended that a minimum 6-metre (20-foot) buffer be provided along the entire eastern side
property prohibiting the construction of any buildings, structures or parking areas.
Furthermore, it is recommended that a 2.4-metre (8-foot) high board-on-board fence be
constructed along the eastern common property boundary. These conditions would address any
impact that the future proposed building may have to the immediately adjoining residential
property at 2109 Loch Lomond Road.
Consistent with the previous Section 39 conditions site and drainage plan approval are also being
recommended for future phases of this commercial development, as well as the regulation of
additional exterior lighting.
New Commercial Driveway
The existing commercial project was developed with only one two-way driveway for the parking
area. The Zoning By-law would allow for the construction of another two-way access for the
property, provided the centerline of these driveways were separated at least 20 metres (66 feet)
and the new driveway was at least 1.5 metres (5 feet) from the common property line. Based on
air photography a secondary access could be developed in this manner.
However, as mentioned the proponent would prefer to develop the driveway over the adjoining
parcel of land owned by his parents in order to avoid losing any parking spaces. He also believes
the greater separation would be beneficial to traffic circulation. The area where the driveway
would be situated was graded when the property was prepared for the development. The
pharmacy building was also situated closer to the western property line than originally proposed
in order to accommodate for the construction of another building along Loch Lomond Road.
Sean, Dennis and Judianne Luck
2075 Loch Lomond Road
Page 7
May 26, 2006
The applicants (Eire Holdings Ltd.) have requested to rezone the entire 20-metre
(66-foot) portion of their 49-hectare (l21-acre) property from "RS-l" One and Two Family
Suburban Residential to "B-2" General Business. While this would be consistent with the
adjoining commercial property, only a depth of 45 metres (148 feet) is necessary to facilitate the
construction of the driveway. This would rezone the adjoining parcel up to the front edge of the
existing building. It would also avoid the existing bog area and watercourse situated along the
property further north.
It is the intention of the landowner (Eire Holdings Ltd.) to eventually carryout a residential
subdivision development, and vest the 20-metre (66-foot) portion of the property as a public
street. In order to allow an unserviced rural residential subdivision, the property would have to
be rezoned to "RR" One Family Rural Residential, provided N.B. Departments of Health and
Environment are supportive. At that time the commercial access would become part of this
public road and the "B-2" zoning no longer apply (i.e., public rights-of-way are not zoned only
parcels of land).
The request for rezoning in order to construct a secondary access could be denied, and the
proponent required to consider developing the secondary driveway on his own commercial
property. However, provided the development of this driveway does not adversely affect the
immediately adjacent residential property at 2051 Loch Lomond Road, the placement of the
driveway over the adjoining land can be supported.
Conditions have been recommended that no buildings or structures be situated within the
20-metre (66-foot) portion of the property, and that a suitable fence be constructed along the
commercial driveway in order to minimize any impact that traffic could have onto this
immediately adjacent residential property. Similar to the fencing recommended along the eastern
property boundary of the property (2075 Loch Lomond Road), a 2A-metre (8-foot high)
board-on-board fence is also recommended. This fence would also not extend to Loch Lomond
Road, but end 8.5 metres (28 feet) prior to the street right-of-way. This fence may need to be
changed or even removed when a public road is constructed.
CONCLUSION:
The proponent is seeking permission to expand the permitted uses allowed for the commercial
property at 2075 Loch Lomond Road. While the request is generally supported by the Municipal
Plan for this Neighbourhood Centre, not all "B-2" General Business uses are considered
appropriate for this particular location. A number of uses have been recommended that could be
developed without adversely affecting the surrounding neighbourhood. Further Section 39
conditions are also proposed that would provide greater assurance that the emerging commercial
development does not negatively impact adjoining properties.
Sean, Dennis and Judianne Luck
2075 Loch Lomond Road
Page 8
May 26, 2006
The request for a secondary driveway access over an adjacent property can be supported. Only
the necessary rezoning has been recommended with conditions to ensure this driveway does not
adversely affect the immediately adjacent residential property.
MRO
Project No. 06-123
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
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Subject Site/site en question:
-
PID(s)/NIP(s):
55164230
00325209 (portion thereof / partie
du)
Location: 2075 ch. Loch Lomond Rd.
Date: April/avril 24, 2006
Scale/echelle: Not to scale/Pas a I'echelle
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520 GENERAL BUSINESS (B-2)
(1) Uses
Any land, building or structure may be used for the purposes of, and for no other purpose
than,
(a) the following uses:
bank or financial institution;
business office;
church;
community centre;
dwelling unit;
electric substation or telephone exchange;
funeral home;
hotel;
institutional residence;
institution of an educational, governmental or philanthropic nature;
public museum, library, park or playground;
personal service shop;
repair service shop;
subject to subsection (2)(h), a redemption centre;
restaurant;
retail store;
school;
subject to subsection (2)(a), a beverage room, club or lounge;
(b) the following uses subject to such terms and conditions as may be imposed by the
Committee:
subject to subsection (2)(b), an amusement place, including a theatre, a concert
hall, a billiard parlour, athletic or health club;
subject to subsection (2)(c), a group care facility;
69
520
B-2 ZONE
(1 )
(b) -
gasoline bar;
parking area;
cablevision facility;
subject to subsection (2)(d), a car sales lot or a mobile home or travel trailer
sales lot;
subject to subsection (2)(e), a motel; a private club; a fraternity or lodge without
a license under the New Brunswick Liquor Control Act; a rooming house; an
efficiency apartment;
subject to subsection (2)(f), a repair garage or service station, a car wash and/or
truck wash;
a second-hand store;
a drive-in or take-out restaurant;
a shop of less than 186 square metres for manufacturing of bakery, candy, jam,
ice-cream or confectionery goods; dyeing and cleaning works; a laundry;
printing establishment or the manufacture or treatment of such products
incidental to a retail business conducted on the premises;
subject to subsection (2)(g), an office or parking area for a taxi business;
(c) subject to Section 830, an accessory building, structure or use, incidental to a use,
building or structure permitted in this Section.
(2) Conditions of Use
(a) a beverage room, club or lounge, other than such a use located within a hotel, motel or
on a property affected by a resolution of Common Council pursuant to Section 39 of the
Community Planning Act, may not be located:
(i) within 150 metres measured along the street on which the lot fronts of a church,
school or "R" Zone, or within a radius of 90 metres thereof in any other direction;
(ii) within 300 metres of another beverage room, club or lounge on the same street
or within a radius of 180 metres thereof in any other direction; and
(iii) in a building also used for dwelling purposes other than one dwelling unit for a
caretaker, watchman, owner or operator of the beverage room, club or lounge.
(iv) notwithstanding (i) or (ii) above, a beverage room, club or lounge may be
located at 5-19 Golden Grove Road (NBGIC Numbers 305631, 415273,
299909,299719,298810,298776 and 299925).
70
I
520
(2)
(a) (v)
B-2 ZONE
notwithstanding (i) or (ii) above, a beverage room, club or lounge may be
located in the Sobey's Grand Bay Shopping Centre at 3701 Westfield Road
(NBGIC #55024228).
(b) an amusement place may not be located within 90 metres measured along the street on
which the lot fronts of a church, school, or community centre, or within a radius of 30
metres thereof in any other direction.
(c) a group care facility may not be located
(i)
(ii)
(iii)
(d) (i)
(ii)
(iii)
(e) (i)
adjacent to an "R" Zone on the street on which it fronts;
within a 300 metre radius from any other group care facility;
notwithstanding sub-clause (ii), a group care facility is permitted at 51 Carleton
Street (NBGIC numbers 39941, 37713, 37721, 38430 and 55088900);
a car sales lot or a mobile home or travel trailer sales lot shall only be located
on provincial highway.
notwithstanding sub-clause (i), a car sales lot may be located at 85, 87, 89
Russell Street.
notwithstanding sub-clause (i), a car sales lot may be located at 170 Charlotte
Street (NBGIC number 5140);
a motel, private club, fraternity or lodge without a license under the New
Brunswick Liquor Control Act, a rooming house or an efficiency apartment may
not be located on a lot abutting an "R-1A", "R-1 B" or "R-2" Zone.
(ii) notwithstanding sub-clause (i), a motel may be located at 1309 and 1315
Manawagonish Road.
(ii) notwithstanding sub-clause (i), a motel may be located at 1121 Manawagonish
Road.
(f) a repair garage or service station shall have
(g) (i)
(i)
(ii)
a minimum lot area of 930 square metres and a minimum lot width of 30 metres;
an entrance or exit for motor vehicles not closer than 30 metres from an
entrance or exit to a firehall, public or private school, playground, theatre,
church, hospital, institutional residence or other similar institution;
no portion of the building used for a dwelling unit;
(iii)
(iv)
no fuel pump island located closer than 6 metres to a street line.
an office or parking area for a taxi business may not be located on a lot which is
adjacent to an "R" Zone on the street which the lot fronts.
71
520
B-2 ZONE
(2)
(g) (ii)
notwithstanding (i) above, an office or parking area for a taxi business is
permitted at 170 Charlotte Street, also having NBGIC Number 5140.
(h) a redemption centre shall:
(i) be registered as a redemption centre pursuant to the Beverage Containers Act
and comply with all regulations thereunder;
(ii) be wholly contained within a building and not have any outdoor storage
associated with the use.
(iii) notwithstanding sub-clause (i), a redemption centre may be located at 327
Charlotte Street.
(3) Zone Standards
(a) Minimum lot area .............................................................370 square metres
for a gasoline bar .................................................930 square metres
When a dwelling unit is contained in the building, the minimums above shall be
increased as per standards in Section 310(3)(a).
(b) Minimum lot width
gasoline bar........................................................... 30 metres
other .. ........................ .... ....... ................. .. .... ..... 12 metres
(c) Minimum front yard
gasoline bar........... ...............................................7.5 metres
other .................................................................... Nil
(d) Minimum side yard
(i) if the side lot line adjoins an "Rn Zone.......... ........ ....3 metres
(ii) if the building includes one or more dwelling units
or contains a gasoline bar ......................................... the greater of:
10 per cent of the lot width to a maximum of 3 metres; or
1.5 metres;
(iii) if the building does not include a
dwelling unit. .... ......................................................... Nil
(e) Minimum rear yard
interior lot................. .......... ............ ............ ...........7.5 metres
corner lot.. .... ....................... ....... ......................... ..4.5 metres
72
520
(3) (f) Minimum ground floor area for a one-family dwelling:
single-storey......................................................... .89
split-level................................................................ 71
1 'Y2, 2 or 3-storey.................................................... 62
(9) Minimum gross floor area for a dwelling unit in a multiple dwelling:
for a 3-bedroom unit............................................... 69
plus 9.2 square metres for each
bedroom in excess of 3
for a 2-bedroom unit............. .......... .................... ....60
for a 1-bedroom unit...............................................41
for a bachelor apartment........................................ 32
for an efficiency unit............................................... 21
for a room in a rooming house ...............................11
(h) Maximum height................................................................ ...3
B-2 ZONE
square metres
square metres
sq uare metres
square metres
square metres
square metres
square metres
square metres
square metres
storeys or 14 metres
(i) Maximum lot occupancy........................................................ 60%
73
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Nelson and Theresa Walsh
2109 Loch Lomond Rd
Saint John NB
E2NIAl
To: Planning Advisory Committee
In response to proposed rezoning and section 39 Amendment of Lakewood Guardian
Pharmacy at 2075 Loch Lomond Rd we would like to state that we (Nelson and Theresa
Walsh) are 100% against this proposal.
We were in agreement to the original proposal which stated the road would be
constructed on the west side of the building. We were convinced by the owners that this
new building would compliment the look of our home. In the original proposal it shows
that any addition would be to the existing building and now are being told that it will be a
separate building coming 10ft from our property line. This creates problems in the
following way for us:
1. This building will depreciate the look and value of our property.
2. In the spring we have a flooding problem where this proposed building would be
placed, what will be done about this water problem?
3. A construction fence does not appeal to me and again will depreciate the value of
our home.
4. We are not happy about the placement of the existing septic tank. It comes within
100 ft of our well. This would mean even more sewerage on the side of our well.
5. More invasion of privacy from the coming and going of customers both day and
night.
I would like to close by saying that the owner should be bound to original proposal and
no amendments permitted. They need to stick to the original proposal with the road
being on the west end of the pharmacy and any new building should facing this road.
Attached is a copy of the original site plan proposed for Guardian Drugs.
J' t, ? WAIl
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Planning
Advisory Committee
P.O. Box 1971
Saint John
New Brunswick
Canada E2L 4L 1
506658-2800
May 31, 2006
Your Worship and Councillors:
City of Saint John
SUBJECT: Rezoning (Manchester Estates)
1032 McCavour Drive
On May 8, 2006 Common Council referred a rezoning application for the above-
mentioned property to the Planning Advisory Committee for a report and
recommendation. The Committee considered the attached report at its May 30,
2006 meeting.
The applicant, Mr. Richard Turner of Hughes Surveys and Consultants Inc.,
appeared before the Committee in support of the application and staff
recommendation. No other presentations were made at the meeting concerning
this matter, but there were several letters received from property owners (see
attachments).
After considering the matter the Committee resolved to adopt the staff
recommendation, which is set-out below for your convenience.
The Committee also favourably considered the subdivision proposal, which is the
matter of a further letter to be considered at the time of third reading for the
rezonmg.
RECOMMENDATION:
1. That Common Council rezone a parcel of land located at 1032 McCavour
Drive, having an area of approximately 827 square metres, also identified
as being PID No. 55018048, from "R-1A" One Family Residentialto
"TH" Townhouse.
2. That, pursuant to the provisions of Section 39 of the Community Planning
Act, the proposed development of the parcel ofland located at 1032
McCavour Drive, having an area of approximately 827 square metres, also
identified as being PID No. 55018048, be limited as follows:
(a) The property must be developed in conjunction with a townhouse
project proposed at 1040 Manawagonish Road; or
Planning Advisory Committee
May 31,2006
Page 2
(b) Should the proposed townhouse project not proceed, that the
property at 1032 McCavour Drive be limited to the development of
a one-family detached dwelling.
MRO
Attachments
Project No. 06-164
Planning and Development
Urbanisme et developpement
P.O. BoxlC.P. 1971
Saint John, NB/N.-B.
Canada E2L 4L1
www.saintjohn.ca
DATE:
MAY 26, 2006
The City of Saint John
TO:
PLANNING ADVISORY COMMITTEE
FROM:
PLANNING AND DEVELOPMENT
FOR:
MEETING OF MAY 30, 2006
\'ffiaJ..~
Mark O'Hearn
Planning Officer
SUBJECT:
Name of Applicant:
Hughes Surveys and Consultants Inc.
Name of Owner:
W & S Holdings Ltd.
Location:
1040 Manawagonish Road & 1032 McCavour Drive
PID:
55019640,55019632,00401109 and 55018048
Municipal Plan:
Neighbourhood Commercial Centre
Zoning:
Existing:
"B-2" General Business and "R-IA" One
Family Residential
Proposed:
"B-2" General Business
Proposal:
To redevelop a commercial property into a townhouse
development.
Type of Application:
Rezoning, Subdivision and Variances that would:
(a) Allow for the creation of double-frontage lots; and
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 2
May 26, 2006
(b) Allow for the construction of a dead-end private
street.
JURISDICTION OF COMMITTEE:
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, June
5, 2006.
The Act also authorizes the Committee to give its views to Common Council concerning
subdivision developments, including the assent of public streets (or portions thereof), municipal
services and public utility easements. It also authorizes the PAC to grant reasonable variances
from the requirements of the Subdivision By-law. Conditions can be imposed by the Committee.
Finally, the Subdivision By-law authorizes the Committee to approve accesses other than public
streets when advisable for the development of land.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land located at 1032 McCavour Drive, having
an area of approximately 827 square metres, also identified as being PID No. 55018048,
from "R-1A" One Family Residential to "TH" Townhouse.
2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the
proposed development of the parcel of land located at 1032 McCavour Drive, having an
area of approximately 827 square metres, also identified as being PID No. 55018048, be
limited as follows:
(a) The property must be developed in conjunction with a townhouse project
proposed at 1040 Manawagonish Road; or
(b) Should the proposed townhouse project not proceed, that the property at 1032
McCavour Drive be limited to the development of a one-family detached
dwelling.
3. That Common Council assent to one or more subdivision plans, in one or more phases,
for the proposed Manchester Estates Subdivision, as generally illustrated by the submitted
site and elevation plans, including any necessary public street vesting along McCavour
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 3
May 26, 2006
Drive to remove sidewalk encroachments, as well as to the vesting of any required
municipal services or public utility easements.
4. That Common Council authorize the preparation and execution of one or more
subdivision agreements in order to ensure provision of the required work and facilities,
including detailed drainage and site plans for the approval of the Chief City Engineer.
5. That Common Council authorize the preparation and execution of an agreement pursuant
to Section 101 of the Community Planning Act between the City and the landowner that
would:
(a) Prohibit the construction of any individual driveway abutting a public street,
provided such restriction does not prevent the construction of the proposed private
street "Felix May Court" from abutting McCavour Drive;
(b) That the above-mentioned prohibition also be included in the restrictive covenants
for each townhouse lot, as well as clearly indicated on all final subdivision plans
for this proposed development; and
(c) That the Development Officer refuse to endorse any final subdivision plan for the
creation of townhouse lots until this Agreement is registered in the Saint John
Registry Office.
6. That Common Council authorize cost sharing outside the limits of the proposed
subdivision in accordance with Section 26 of the Subdivision By-law.
7. That the Planning Advisory Committee approve the proposed private street, with a
circular turnabout and name of "Felix May Court," on the following conditions:
(a) The proposed private access be constructed with a proper granular base with a
minimum asphalt width of7.5 metres, concrete curbing on both sides, and any
necessary catch basins, all to the specifications of the Chief City Engineer, but
that no sidewalks be necessary;
(b) Public utilities be provided via an underground conduit system and not overhead
from any existing pole, and that proper street lighting be installed along the
private access; and
(c) The final subdivision plan, and individual deeds for all the proposed townhouse
lots contained in this development, clearly indicate that the proposed vehicular
access is private and will not be maintained by the City of Saint John.
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 4
May 26, 2006
8. That the Planning Advisory Committee grant variances from the requirements of the
Subdivision By-law that would allow the proposed townhouse lots to abut both the
proposed private street and existing public streets, and the condition that no private
driveway be constructed onto a public street.
BACKGROUND:
The Planning Advisory Committee favourably considered four (4) separate temporary use
applications by Irving Oil Limited between March 1991 to January 1996. All these applications
involved the following light industrial uses:
(a) Storage of materials such as shelving, counters, and hardware supplies;
(b) Short-term storage and handling of gasoline dispensers; and
(c) A workshop for the assembling of gasoline bar kiosks, metal shelving, and general
carpentry work to counters and shelves used in the company's gasoline sales operations.
When the PAC considered the original application in March 1991, the Committee imposed the
condition that no outdoor activities in conjunction with the requested uses occur on the site (other
than the parking of employee vehicles). The Committee also imposed the condition that the
building be repaired and repainted, and that landscaping be provided to a minimum depth of 2
metres (6.6 feet) along the street frontages.
According to an October 20, 1992 staff report, the previous landowner (Irving Oil Limited) had
undertaken considerable work in addressing the concerns raised by area residents back in March
1991. For instance, the entire building area facing the street intersection was rebuilt in order to
create a more attractive fa9ade. Also, the building was refaced rather than simply repainted in
order to create a longer-lasting and more attractive finish.
However, at that time (October 1992) the company was still in the process of completing the
landscaping requirements, which have since been fully established. There was also noted a
problem with taxis using the empty lot for temporary parking. This issue apparently was also
resolved during this time.
The following conditions were imposed by the Committee at its October 20, 1992 meeting:
(a) There be no outdoor storage or activities in conjunction with the uses other than the
parking of employee vehicles;
(b) Landscaping shall be completed to a depth of2 metres (6.5 feet) adjacent to the street line
to the satisfaction of the Development Officer no later than November 15, 1992;
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 5
May 26, 2006
(c) Hours of operation on the property shall be limited to the hours of8:00 a.m. to 8:00 p.m.
Monday through Saturday each week; and
(d) A non-illuminated facia sign not to exceed 1.1 square metres (12 square feet) in area be
posted on the building facing Manawagonish Road identifying Irving Oil Limited as the
owner.
At the January 11,1994 and January 9, 1996 PAC meetings, the Committee resolved to provide
additional temporary use approvals with the same conditions as mentioned above (except the
landscaping condition was not included since it had already been completed by this time).
More recently the present landowner, W & S Holdings Ltd., received a further temporary use
approval to continue storage of materials such as shelving, cabinets, hardware, doors & windows,
and building supplies. In addition a workshop to undertake general carpentry work was
permitted. The Committee imposed the following conditions:
(a) There shall be no outdoor storage or activities in conjunction with the requested uses
other than the parking of employee vehicles; and
(b) Hours of work operation on the property shall be limited to 8:00 a.m. until 8:00 p.m.
Mondays to Saturdays inclusive.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection to the proposed townhouse
development with a private street. Details with regards to servicing can be discussed with the
Developer when engineering plans are prepared for the project. Individual driveways should not
be permitted into the intersection of Manawagonish Road and Manchester Avenue.
Building and Technical Services has no concerns with regards to this application.
Saint John Energy has advised that public utilities are available to service this townhouse
development. Details and costs in providing underground services can be discussed with the
Developer when servicing plans are prepared.
Aliant Telecom has facilities in the area to service the development.
Rogers has been advised of this matter.
Maritimes & Northeast Pipeline has no concerns with this proposal.
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 6
May 26, 2006
Fire Department has no objection to this townhouse project, provided the proposed private
street is at least 6 metres (20 feet) in width and capable to withstand the weight of fire fighting
apparatus. If the access is constructed to a length over 90 metres (295 feet) it would require a
turnaround.
Saint John Police Force, Saint John Transit and the School Board have been advised of this
new residential development.
ANAL YSIS:
Subiect Property and Nei!!hbourhood
The subject property is situated at the intersections of Manawagonish Road, Manchester Avenue
and McCavour Drive at Purdy's Corner in West Saint John (see attached location map). The site
is comprised of four (4) parcels ofland having a total area of 6070 square metres (65,339 square
feet or 1.5 acres). A large building, which has been used for a number of commercial uses over
the years, is situated on three of these parcels ofland. Most of the site between the building and
Manawagonish Road and Manchester Avenue is paved. The area between the building and
McCavour Drive and adjoining residential properties is enclosed with chain-link fencing. Within
a significant portion ofthis area a lawn has been maintained on the property (1032 McCavour
Drive).
The neighbourhood is comprised of a number of different land uses. Across the street on the
south side of Manawagonish Road are several commercial businesses (i.e., convenience store,
used car dealership, and hair salon). A small townhouse development is situated to the west with
a municipal fire station directly behind that property. Across the street on the north side of
McCavour Drive is an apartment building complex. To the north/northeast and east is primarily
one-family dwellings with some two-family homes.
Development Proposal
The landowner, W & S Holdings Ltd., is seeking permission to carryout a townhouse
development on the subject property. The project would consist of three buildings with a total of
15 townhouse units abutting a private street (Felix May Court). The remainder of the site would
be landscaped. The applicant has recently submitted elevation plans of the proposed buildings,
which were used for another townhouse project undertaken by the landowner at the intersection
of Manawagonish Road and Hillcrest Drive.
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 7
May 26, 2006
Municipal Development Plan and Rezoninl!: Request
The majority of the property is comprised of three parcels of land situated in the "B-2" General
Business zone. The proposed townhouse development is permitted in this portion of the
property, and it is the Developer's intention to proceed with Phase 1 immediately upon receiving
tentative subdivision approval.
However, in order to include Building Block "c" (Units 5-6) along McCavour Drive, the
proponent must seek permission to rezone this portion of the property (1032 McCavour Drive)
from "R-IA" One Family Residential to "TH" Townhouse in order to undertake Phase 2 of the
project.
The Municipal Development Plan has designated the Purdy's Corner area as a Neighbourhood
Centre. This designation is in recognition of the commercial activities that have existed over the
years at this busy intersection. Notwithstanding, given the diminishing commercial role of
Purdy's Corner today, especially in light of the townhouse development that occurred across the
street, and now this present proposal, this designation may eventually become unwarranted. In
any event, this designation does not discourage the consideration of the proposed townhouse
development.
With respect to the requested rezoning for the parcel of land on McCavour Drive, as mentioned
already in this report, this portion of the site has for many years been enclosed by chain-link
fencing and used in conjunction with the rest of the commercial property. It was allowed to
remain zoned residential since it was developed only as a lawn. The inclusion of this residential
area for the proposed townhouse development can be recommended. As requested by the
applicant, should the townhouse development not proceed as anticipated, a Section 39 condition
has been recommended that would restrict the use of the property to the construction of a one-
family dwelling.
It should be mentioned that the paved driveway for the adjoining property at 1024 McCavour
Drive (PID No. 00403303) encroaches on a portion of the subject property. The consultant
believes that this encroachment will not interfere with the proposed development (Building
Block "C"), and that the landowner will discuss the matter with the adjacent property owner
(Kenneth Joyce) with the intention of providing a right-of-way to allow the long-existing
driveway to remain at its present location.
Also, it should be noted that while the existing "B-2" General Business zoning permits
townhouse projects, it is the intention of the City to amend the Zoning By-law, and rezone
existing townhouse projects situated in "B-2" zones, so that future townhouse developments only
occur on properties specifically zoned "TH" Townhouse.
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 8
May 26, 2006
Committee Approvals
The following approvals and variances are also necessary for this proposal:
· Committee approval of the proposed dead-end private access; and
· Variance approval to allow double-frontage lots.
The proposed private street, with the suggested name of "Felix May Court," would be developed
in a similar manner as many other private accesses in cluster townhouse developments. These
standards have been included in the recommendation, and would require an asphalt surface,
concrete curbing, street lighting, full municipal services (including storm drainage with catch
basins), and underground public utilities. Typically sidewalks are not included.
While the street would be private, and not maintained by the City, it would function better with a
turnaround then the proposed dead-end terminuses as illustrated on the submitted plan. This
matter has been discussed with the consultant, and agreement has been reached that the plan will
be amended to provide for a turnaround as recommended.
Related to the approval of the private street is the issue of prohibiting future private driveways,
especially towards the busy intersection of Manawagonish Road and Manchester Avenue. To
Developer has proposed to prohibit such driveways from being constructed to any public street,
and has requested that a Section 101 Agreement relating to this matter be recommended. This
restriction will also appear on subdivision plans and in the restrictive covenants of each
townhouse lot.
The creation of the proposed lots will result in them abutting both an existing public street and
the proposed new private access. The Subdivision By-law prohibits the creation of new lots
having frontage onto two or more streets. However, as mentioned, all these lots will be restricted
to only one vehicular access. Therefore, it is recommended that this variance(s) be granted.
While trustee land could encompass these proposed lots, it is the intention to develop individual
walkways to the public street for each townhouse unit.
It should be noted that the proposed property line between Block "A" and Block "B" will need to
be slightly adjusted in order to satisfy the minimum 3-metre (IO-foot) side yard requirement.
The consultant will amend the subdivision plan in order to resolve this matter.
Subdivision and Servicine
The proposed townhouse development is similar to many other recently approved projects. The
adjoining public streets are already developed, and both municipal services and public utilities
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 9
May 26, 2006
are available to be extended to the property. Details relating to servicing extensions will need to
be discussed further when plans are prepared by the consultant.
The recommendation includes all the necessary assents and approvals for this project. Provision
has also been made in the recommendation for the possible street vesting along McCavour Drive
where existing public sidewalks appear to encroach partially onto the subject property.
Authorization has also be provided for any cost sharing of extension of mains with regards to
municipal services.
CONCLUSION:
The applicant is seeking to undertake a townhouse project on the subject property. One of the
parcels involved has remained zoned residential, though used for years as part ofthe long-
existing commercial property. It would need to be rezoned in order to be included in the
proposed development.
The requested rezoning and necessary variances can be recommended with the suggested
conditions (Section 39 and Section 101 Agreement). All the necessary approvals and assents
have been included for this townhouse project.
MRO
Project No. 06-164
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
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Subject Site/site en question:
-
PID(s)/NIP(s):
55019640
55019632
00401109
55018048
Location: 1040, ch. Manawagonish Rd. and/et
1032, prom. McCavour Dr.
Date: May/mai 15, 2006
Scale/echelle: Not to scale/Pas a I'echelle
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Michael Sauerteig, M.Eng., P.Eng.
975 Manawagonish Road,
Saint John, New Brunswick
E2M 3X2
(H) 506-674-9190
e-mail: sauert@nb.svmpatico.ca
City of Saint John
Planning and Development
P.O. Box 1971
Saint John, NB
E2L 4L 1
NAY 2:3 2006
Attn: Mr. Mark O'Hearn
Planning Officer
Re: Proposed Townhouse Development (Manchester Estates)
Subdivision, Rezoning and Variance Application
1040 Manawagonish Road & 1032 McCavour Drive
Dear Sir;
In response to your letter dated May 16, 2006 regarding the intended re-development of the
subject property into a Townhouse development. Please be advised that we have no objections to this
proposal.
We remain
Yours truly,
l~.
Mike Sauerteig
)3.
..--
,
Le 16 mai 2006
6SB ;;La~'
. Box/C.P. 1971
aim John, NBIN.-B.
Canada 'E2L 4Ll
\vww.saintjohn.ca
The City or Saint John
Madame, Monsieur,
r...;,c.,o f1,.~ .it ~ t Vi" W ~ v '" 0 C.I c... r+c; <-
/O(.jtJ H{jL.L~/r/ S U.t"l ~
Objet: -Projet d'amenagement de maisons en'-rangee situies dans le lotissement Manchester
Estatest demande de modification du rezonage et derogation l040t
chemin Manawagonish et 1032, promenade McCQvour
Le conseil communal a transmis la demande susmentionnee au Comite consultatif d'urbanisme
aux fins de la prt:it:nLalion U' WI rdppuIl t:l ut: rt:~uuuIltlmhl.liuns.
Le proprietaire, W & S Holdings Ltd., cherche a obtenir l'autorisation d'amenager un lotissement
de maisons en rangee Sur tadite propriete. Le projet serait forme de trois immeubles de maisons
en rangee .comprenant quinze unites d'habitation bordant une rue privee (cour Felix: May), Le
reste du site sera it amenage et detenu par une association de fiducaires composee de parties
interessees representant Ie projet de lotissement. Le demandeur n'a pas encore presente de plans
d'elevation pour les immeubles proposes. On prevoit que ces plans seront transmis la semaine
prochaine avant la preparation du rapport.
La majeure partie de la propriete comprend trois parceIles de terrain situees dans 1a zone
\:umwcn.:iadc g~u.:n"e (i B-2 )). Le loti~~emt:ul ue lIul.isuns t:n rangl.1e propose est pennis dans
ladite partie de la propriete et Ie promoteur a l'intention d'entreprendre la phase I immediatement
apres: avoir re9u l'approbation pOUl." un lotissement provisoire.
Cependant, dans Ie but d'incluieTe- groupe de construction << C }) (unites 5 et 6) en bordure de Is
promenade McCavour, Ie promoteur do it obtenir l'autorisation de modifier Ie zonage de la
propriete en question (1032, promenade McCavour) pour la faire passer de zone residentielle _
habitations unifamiliales << R-IA )) a zone de maisons en ran gee << TH )) afm de pouvoir
entre prendre la phase 2 du projet (comme il est indique).
Le promoteur doit egalement obtenir les autorisations et derogations suivantes pour son projet en
pin!: df'l1~ of'lmanne de fp.'7rmJ:lee mentinnnp.E'! :
· l'approbation du comite Quant ~.. un acces prive donnant Sur un cul-de-sac. et
· l'autorisation de derogation pour permettre l'amenagement de terrains transversaux.
ZIil/HI 39\j~
~NT I~~~nnwnn NH~r~~
Jt)7C'_7Ia_ar.l~
on.en 7nn7/T7/7n
-2-
Le comite desire connaitre Ie point de vue des proprietaires de terrains avoisinants qui poWTaient
~tre touches par cette proposition. Si vous desirez exprimer votre opinion, qu'elle soit en faveur
ou ell dcfavc:ur de la proposition, vous pouvcz Ie faire en transmcttnnt vos commentaires par cerit
ou en assistant it 1a reunion du Comite consultatif d'urbanisme Ie mardi 30 mai 2006 a 18 h, dans
/0 salle till conseil, au nivp.au du hall d'enlre.e. Ii l'hotel de ville. Les lettres signees doivent etre
envoyees Ii rattention du Comite consultatif d1urbanisme, The City of Saint John, C.P. 1971,
Saint lolm (N.-B.) E2L 4Ll, qui les accepterajusqu'au lundi precedant 1a reunion. Toutes les
lettres re<<;ues seront mises a la disposition du demandeur, du comite et de toute personne
concernee par la demande. .
La recommandation du comite sera etudi6e au cours d'une audience publique que tiendra Ie
conseil communalle lundi 5 juin 2006 a 19/, dans La salle du conseil. Vous pourrez faire
d'autres commentaires pendant l'audience; cependant. toutes les lettres qu'aura reyues le comite
seront transmises au conseil. .
Si VOllS avez des questions ou desirez obtenir une copie du rapport (disponible entre 16 h et
16 h 30 Ie vendredi 26 mai 2006 ou entre 8 h 30 et 16 h 30 pendant les jours ouvrables par la
suite), veuillez communiquer avec Ie soussigne au ! (506) 649-6075.
Veuillez agreer, Madame, Monsieur11'expression de nos salutations distinguees.
~O?~
Mark O'Hearn
Agent d'urbanisme
P.j.
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I. RESOLVED THAT:
1. An offer of $6,790.00 be made to Dennis James Griffm and
Elizabeth Janice Griffin in full compensation of their interest in
Parcel 06-08 (PID #55181051) shown on Plan of Survey to
Accompany Notice of Expropriation, dated May 23, 2006 and certified
correct by Hughes Surveys & Consultants Inc., which parcel was
expropriated by The City of Saint John on the 25th day of May, 2006;
11. the aforesaid amount of $6,790.00 be tendered upon Dennis James
Griffin and Elizabeth Janice Griffin;
111. a copy of the Appraisal Report prepared by David D. Babineau of
Destecher Appraisals Ltd. and upon which the Offer and Tender are
made, be served upon Dennis James Griffm and Elizabeth Janice
Griffin; and
FURTHER BE IT RESOLVED that whereas the said Parcel 06-08 (PID
#55181051) is not occupied for purposes of the Expropriation Act, the
Common Council does hereby authorize the City's taking physical possession
of Parcel 06-08 (PID #55181051) upon the tendering of compensation.
y;)
II. RESOLVED THAT:
1. An offer of $1,618.75 be made jointly to Alison Jane McKiel,
Douglas Roy McKiel as well as Royal Trust Corporation of Canada
in full compensation of their interest in Parcel 06-13 (PID #55181010)
shown on Plan of Survey to Accompany Notice of Expropriation, dated
May 23, 2006 and certified correct by Hughes Surveys & Consultants
Inc., which parcel was expropriated by The City of Saint John on the
25th day of May, 2006;
11. the aforesaid amount of $1,618.75 be tendered upon Alison Jane
McKiel, Douglas Roy McKiel and Royal Trust Corporation of
Canada;
111. a copy of the Appraisal Report prepared by David D. Babineau of
Destecher Appraisals Ltd. and upon which the Offer and Tender are
made, be served upon Alison Jane McKiel, Douglas Roy McKiel and
Royal Trust Corporation of Canada;
FURTHER BE IT RESOLVED that whereas the said Parcel 06-13 (PID
#55181010) is not occupied for purposes of the Expropriation Act, the
Common Council does hereby authorize the City's taking physical possession
of Parcel 06-13 (PID #55181010) upon the tendering of compensation.
~
III. RESOLVED THAT:
1. An offer of $13,136.25 and $3,871.25 be made to Thomas
Developments Limited in full compensation of its interest in Parcel
06-14 (PID #55181044) and Parcel 06-15 (PID #55181036)
respectively, shown on Plan of Survey to Accompany Notice of
Expropriation, dated May 23, 2006 and certified correct by Hughes
Surveys & Consultants Inc., which parcels were expropriated by The
City of Saint John on the 25th day of May, 2006;
11. the aforesaid amounts of $13,136.25 and $3,871.25 be tendered upon
Thomas Developments Limited;
iii. a copy of the Appraisal Report prepared by David D. Babineau of
Destecher Appraisals Ltd. and upon which the Offer and Tender are
made, be served upon Thomas Developments Limited; and
FURTHER BE IT RESOLVED that whereas the said Parcel 06-14 (PID
#55181044) and Parcel 06-15 (PID #55181036) are not occupied for purposes
of the Expropriation Act, the Common Council does hereby authorize the
City's taking physical possession of Parcel 06-14 (PID #55181044) and
Parcel 06-15 (PID #55181036) upon the tendering of compensation.
~
IV. RESOLVED THAT:
1. An offer of $5,556.25 be made to Marion E. Debly in full
compensation of her interest in Parcel 06-17 (PID #55181028) shown
on Plan of Survey to Accompany Notice of Expropriation, dated May
23, 2006 and certified correct by Hughes Surveys & Consultants Inc.,
which parcel was expropriated by The City of Saint John on the 25th
day of May, 2006;
11. the aforesaid amount of $5,556.25 be tendered upon Marion E. Debly;
111. a copy of the Appraisal Report prepared by David D. Babineau of
Destecher Appraisals Ltd. and upon which the Offer and Tender are
made, be served upon Marion E. Debly; and
FURTHER BE IT RESOLVED that whereas the said Parcel 06-17 (PID
#55181028) is not occupied for purposes of the Expropriation Act, the
Common Council does hereby authorize the City's taking physical possession
of Parcel 06-17 (PID #55181028) upon tendering of compensation.
Ql
V. RESOLVED THAT:
1. An offer of $2,766.25 and $3,192.50 be made to Winnifred Violet
Trecartin in full compensation of her interest in Parcel 06-20 (PID
#55181077) and Parcel 06-21 (PID #55181069) respectively, shown
on Plan of Survey to Accompany Notice of Expropriation, dated May
23, 2006 and certified correct by Hughes Surveys & Consultants Inc.,
which parcels were expropriated by The City of Saint John on the 25th
day of May, 2006;
11. the aforesaid amounts of $2,766.25 and $3,192.50 be tendered upon
Winnifred Violet Trecartin;
111. a copy of the Appraisal Report prepared by David D. Babineau of
Destecher Appraisals Ltd. and upon which the Offer and Tender are
made, be served upon Winnifred Violet Trecartin; and
FURTHER BE IT RESOLVED that whereas the said Parcel 06-20 (PID
#55181077) and Parcel 06-21 (PID #55181069) are not occupied for purposes
of the Expropriation Act, the Common Council does hereby authorize the
City's taking physical possession of Parcel 06-20 (PID #55181077) and
Parcel 06-21 (PID #55181069) upon tendering of compensation.
\-
VI. RESOLVED THAT:
1. An offer of $1,385.00 and $7,051.25 be made to the Heirs of Thomas
Bean in full compensation of their interest in Parcel 06-19A (PID
#55179998) and Parcel 06-19B (PID #55180004) respectively shown
on Plan of Survey to Accompany Notice of Expropriation, dated March
24, 2006 and certified correct by Hughes Surveys & Consultants Inc.,
which parcels were expropriated by The City of Saint John on the 30th
day of March, 2006;
11. the aforesaid amounts of $1,385.00 and $7,051.25 be paid into Court
for the benefit of the Heirs of Thomas Bean;
111. a copy of the Appraisal Report prepared by David D. Babineau of
Destecher Appraisals Ltd. and upon which the Offer and Tender are
made, accompany the aforesaid payment into Court; and
FURTHER BE IT RESOLVED that whereas the said Parcel 06-19A (PID
#55179998) and Parcel 06-19B (PID #55180004) are not occupied for
purposes of the Expropriation Act, the Common Council does hereby authorize
the City's taking physical possession of Parcel 06-19A (PID #55179998) and
Parcel 06-19B (PID #55180004) upon tendering of compensation.
c))
VII. RESOLVED THAT:
1. An offer of $1,047.50 be made to the Estate of Thomas Graham in
full compensation of its interest in Parcel 06-10 (PID #55180020)
shown on Plan of Survey to Accompany Notice of Expropriation, dated
March 24, 2006 and certified correct by Hughes Surveys & Consultants
Inc., which parcel was expropriated by The City of Saint John on the
30th day of March, 2006;
11. the aforesaid amount of $1,047.50 be paid into Court for the benefit of
the Heirs of Thomas Graham;
111. a copy of the Appraisal Report prepared by David D. Babineau of
Destecher Appraisals Ltd. and upon which the Offer and Tender are
made, accompany the aforesaid payment into Court; and
FURTHER BE IT RESOLVED that whereas the said Parcel 06-10 (PID
#55180020) is not occupied for purposes of the Expropriation Act, the
Common Council does hereby authorize the City's taking physical possession
of Parcel 06-10 (PID #55180020) upon tendering of compensation.
\~b
City Solicitor's Office
Bureau de l'avocat municipal
P.O. Box/C.P. 1971
Saint John, NB/N.-B.
Canada E2L 4L 1
www.saintjohn.ca
LEGAL SESSION
The City of Saint John
June 5, 2006
Common Council of
The City of Saint John
Your Worship and Councillors:
Re: Contract 2005-14 - Arbitration
Fairville Boulevard Street Reconstruction
Galbraith Construction Limited
The engineer with whom Municipal Operations has been in contact in this
regard is Mr. Allan D. Fiander of A.D. Fiander Associates Ltd. We have been
informed by the Project Engineer for the Contract in question that Mr. Fiander
is prepared to act as our nominee upon the Arbitration Board. His CV as found
on the company website is attached for your information. The text of a
Council resolution appointing him is also attached and its adoption at this
evening's Open Session Council Meeting is in order.
Respectfully Submitted,
1/1 ~N ~ /'
John L. 'u;'t ~
City Solicitor
Attachments (2)
RE: CONTRACT 2005-14 - ARBITRATION
Appointment of City's Nominee
Whereas The City of Saint John entered into Contract 2005-14 with
Galbraith Construction Limited for the reconstruction of a portion of
Fairville Boulevard in the City of Saint John; and
Whereas a dispute has arisen with respect to the quantity of asphalt for
which Galbraith Construction Limited has claimed payment under the
contract; and
Whereas Galbraith Construction Limited has requested that the issue be
referred to a Board of Arbitration. Such a Board is made up of three
persons, one being appointed by Galbraith Construction Limited and one
to be appointed by the City. The two named arbitrators appoint the third
arbitrator; and
Whereas Galbraith Construction Limited has advised the City that Mr.
John Bliss, P. Eng. will be its arbitrator; and
Whereas Allan D. Fiander, P. Eng. has been contacted by the City and has
agreed to act as its arbitrator;
Now therefore be it resolved that Allan D. Fiander, P. Eng. is hereby
appointed as the City's arbitrator on the Board of Arbitration involving
Contract 2005-14.
ALLAN D. FIANDER, M. Sc., P. Eng.
EDUCATION
B.Sc. in Civil Engineering, UNB, 1969
M.Sc. in Transportation & Traffic Planning, University of Birmingham, UK, 1970
Environmental Impact Assessment Workshop, The Banff Centre, School of Management, 1979
Several Design and Road Safety Audit Workshops, Transportation Association of Canada
PROFESSIONAL MEMBERSHIPS
Association of Professional Engineers and Geoscientists, Province of New Brunswick
Institute of Transportation Engineers
PROFESSIONAL EMPLOYMENT HISTORY
A.D. Fiander Associates Ltd. (April, 1996 - Present)
- President
Fiander-Good Associates Ltd. (1983 - April, 1996)
- President
ADI Limited (1970-1974 parttime, and 1976-1983 fulltime)
Senior Transportation Engineer, responsible for the Firm's Transportation Division. Mr. Fiander was also a
Director of the Company from 1978 until 1983.
University of New Brunswick (1970-1976)
Lecturer (1970-1972), Assistant Professor (1972-1976)
New Brunswick Department of Economic Growth/Transportation (1974-1976), 1969
Special Advisor on Transportation Policy (1974-1976)
- Junior Engineer, Planning Branch, 1969
SUMMARY OF PROFESSIONAL EXPERIENCE
During the past thirty years, Mr. Fiander has been responsible for a variety of transportation, planning, market
research, tourism and socioeconomic impact projects. In addition to management of numerous projects, he has
been directly involved with the day-to-day activities for most of the projects carried out under his direction during
that period.
A number of the projects carried out by Mr. Fiander were comprehensive, multidisciplinary projects involving a
variety of policy, planning and design activities. Many of these projects required extensive teams drawn from
individuals with specialized expertise in various professional disciplines. On several of the larger projects, Mr.
Fiander's role also included management and responsibility for work carried out by other specialists in such areas
as environmental impact analysis and assessment and bridge design.
Mr. Fiander's work has dealt with all modes of transportation. His work has included policy analysis and review,
feasibility studies, preliminary and detailed planning for site specific, project specific, municipal, subregional and
regional transportation infrastructure/facilities. Some of these projects dealt with mode specific problems, while
others were multimodal in nature, involving, in some cases, all modes of transport. His projects have involved
experience on many aspects of both passenger and freight transportation.
His previous projects have involved extensive efforts directed at assessment of existing facilities, operational
procedures and details, demand estimation and forecasts for existing and future conditions, development of
improvement alternatives, preparation of conceptual frameworks for evaluation of alternatives, assessment of
policy implications, development and implementation of extensive public liaison/consultation processes, economic
analysis including direct and indirect benefits/costs, financial analysis and general environmental analysis and
assessment. Mr. Fiander has also been responsible for, and directly involved in, many projects dealing with
design of transport infrastructures and facilities.
A more detailed list of projects carried out by Mr. Fiander is included in supplementary lists. However, the
following, partial list of projects provides an indication of the scope and variety of experience which Mr. Fiander
has to offer.
OTHER SPECIFIC PROFESSIONAL EXPERIENCE
New Brunswick Department of Transportation, Policy Branch
(1974-1975 fulltime, 1975-1976 parttime)
. Mr. Fiander served as Project Manager for the Six Cities Public Transit Study involving determination of needs,
service requirements and resultant costs to provide transit service to each of the six New Brunswick cities. A
major aspect of this project was related to development and assessment of alternative options for future provincial
policy regarding provision of municipal transit services.
. Mr. Fiander was Project Manager for the New Brunswick Forest Industry Transportation Study. He represented
the Province in negotiations with the Federal Government, CN Rail and CP Rail on a comprehensive assessment
of the total distribution problems and requirements associated with the forest industry, including materials
handling facilities, loading/unloading techniques, equipment utilization, storage, warehousing, consolidated
shipments and dedicated train services.
. Mr. Fiander also provided input and analysis on various small transportation policy projects dealt with by the
Council of Maritime Premiers' Transportation Committee and the Federal/Provincial Committee on Atlantic Region
Transportation
New Brunswick Department of Transportation, Planning Branch (1969)
. Mr. Fiander was responsible for research and development of the New Brunswick Highway Sufficiency Rating
System, which is still being used by the Department to assist in prioritizing highway improvements.
. Route location for Dalhousie Bypass, location and functional design of Route 11 from Bathurst to Belledune,
functional design of various intersection improvements.
University of New Brunswick (1970-1976)
. Lecturer and Assistant Professor of Civil Engineering (Transportation Planning and Traffic Engineering)
. Taught various workshops on statistical analysis and quality control as part of the continuing education
program for practicing engineers
. Presented a threeday workshop (with J.D. Innes) on Highway Capacity Analysis given to members of the
Institute of Transportation Engineers throughout the Maritime Provinces
. Periodically taught a term course in "Public Transportation Urban and Intercity" to post graduate students in
Transportation Engineering at UNB (1976-1986)
PROFESSIONAL COMMITTEE ACTIVITIES
. Member, Transportation Policy Committee, Association of Consulting Engineers of Canada (1989-Early 1990s)
. Consulting Engineers of New Brunswick (President 1992-1993, Vice President 1991-1992, Director in 1990-
1991 )
. Member of Member Services Committee of the Transportation Association of Canada (1988-1991)
. Member of Transportation Affairs Standing Committee, Association of Consulting Engineers of Canada (1979-
1984 )
. Member of Council of the Association of Professional Engineers of New Brunswick (1980-1982)
. Member of "Design Management Committee", Roads and Transportation Association of Canada (1973-1980)
. President of Maritime Section of the Institute of Transportation Engineers (1977-1979)
. Member of "Technical Committee on Urban Goods Movement", Roads and Transportation Association of
Canada (1977-1979)
. Chairman of Institute of Transportation Engineers (Maritime Section) Highway Safety Committee, prepared
"Brief on Matters Relatinq to Highway Safety" submitted to Maritime Provinces Transportation Committee of the
Council of Maritime Premiers (1976-1978)
. Member, Vice-Chairman and subsequently Chairman of Executive Committee, Fredericton Joint Branch of the
Engineering Institute of Canada Association of Professional Engineers of New Brunswick (1973-1976)
. Chairman, panel of examiners for the New Brunswick Society of Certified Engineering Technicians and
Technologists (1972-1975)
. Vice-Chairman and subsequently Chairman of "Geometric Design Subcommittee", Roads and Transportation
Association of Canada (1972-1973)
PUBLICATIONS I PRESENTATIONS
Fiander, AD., "Reaional Ootimization of Forest Resources Transoortation", Proceedings of International Conference on ComputerOriented Design in
Civil Engineering, Department of Civil Engineering, University of Aston in Birmingham, September 1973.
Fiander, A.D., "North American Soeed Zonina Criteria", Traffic Engineering and Control, London, Vo1.16, No.6, pages 560566, April/May 1974.
Fiander, A.D., "Reducina Reaional Resource Transoortation Costs", Proceedings of ASCE/EIC/RTAC Joint Transportation Engineering Meeting,
Montreal, July 1974.Sanderson, R.W.; Fiander, A.D.; Fleming, D.S" "Minor Roadwav Hazard Imorovements for Rural Hiahways", RTAC Forum, Vo1.2,
No.4, page 64, 1980,
Fiander, AD.; Darrow, D.F.; Ross, P.J., "The Adootion of Uniform Truckina Reaulations in the Atlantic Provinces A Prosoective Evaluation", RTAC
Forum, Vo1.2, No.4, page 26, 1980.
Fiander, AD.; Fleming, D,S., " An Accident Rate and Severity Ratio Quality Control Techniaue for Identifvina Hazardous Roadway Locations",
Canadian Journal of Civil Engineering, June 1979.
Fiander, A.D.; Innes, J.D,; Smith, E.H., "Airstrip Site Selection in Labrador", Canadian Surveyor, March 1980.
Fiander, AD.; McKinney, B. "Review of Exoerience with Aoolication of a Roadway Hazard Location Identification and Priority Selection Procedure in
New Brunswick", Invited Paper Presented at the 1980 Annual Conference of the Roads and Transportation Association of Canada, Toronto,
September 1980.
Fiander, AD., "Realities of Public Transoort in Small Urban Areas", Paper Presented at the Annual Meeting of the Canadian Transportation Research
Forum, Charlottetown, June 1981.
Fiander, A.D., "Plannina in Times of Restraint: Urban Transoortation", Invited Paper Presented at the Annual Conference ofthe Atlantic Planners
Institute, Fredericton, N.B., September 1981.
Fiander, AD., "Oyerview of Study of Imoacts of Motor Carrier Weiaht Regulation Chanaes on the Atlantic Provinces Motor Carrier and Shiooer
Industries", Invited Paper Presented to the 37th Annual Meeting of the North Atlantic Highway Planning Officials, Halifax, October, 1984.
Fiander, AD.; "Develooment of Planning Relationshios from the Canadian Urban Transit Association Ooeratina Statistics", Paper presented at the
Atlantic Chapter Meeting of the Canadian Urban Transit Association of Canada, Fredericton, May, 1985.
Fiander, A.D,; Good D.C,; "Persoectives on Economic Benefits of Hiahway Infrastructure Develooment", Invited paper presented at the Annual Meeting
of the Roads and Transportation Association of Canada, Toronto, September, 1986,
Fiander, AD,; "An Overview of the Fundy Trail Linear Parkway Develooment alona the Bay of Fundy Coast", Paper presented to the Annual Meeting of
the North Atlantic Transportation Planning Officials, Bar Harbour, Maine, August, 1995,
Fiander, A.D.; Wilson Dr. F.R,; "The Environmental Impact Assessment Process Used for the Fundv Trail Parkwav", Paper presented at the Annual
Conference of the Transportation Association of Canada, Charlottetown, P.E.I., August, 1996.
Fiander, A. D. ; " Fundv Trail Parkwav: Plannina. Desian. Development and Operation", Paper presented to the Annual Meeting of the Transportation
Association of Canada, Saint John, September, 1999.
Fiander, A. D. ; "The Fundv Trail Parkwav: An Overview", Presentation at the Communities in Bloom National Symposium on Parks and Grounds,
Saint John, September, 2001,
Fiander, A. D. ; "The Fundv Trail Parkwav f) A Stimulus for Reaional Tourism Development", Paper presented to the Atlantic Provinces Transportation
Forum 2002 Annual Conference, Fredericton, October, 2002,