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1999-04-19_Agenda Packet--Dossier de l'ordre du jourAGENDA COMMON COUNCIL - as at April 16, 1999. 1. Meeting called to order, 7:00 p.m., Monday, April 19, 1999 - prayer. 2. Approval of minutes (April 12, 1999). 2A. Mayor's remarks. PUBLIC HEARINGS 3. 7:00 p.m. (a) Proposed Municipal Plan amendment to amend Parts One, Two and Nine, as suggested by the Province to comply with the terminology of the Community Planning Act, or to avoid the potential of possible confusion or misinterpretation, as requested by the City of Saint John. (b) Report from Planning Advisory Committee re proposed amendment. 4. 7:00 p.m. (a) Proposed Municipal Plan amendment to amend Sections 2 -A, and 2.4.7.15, by redesignating a parcel of land at 945 Old Black River Road, from Low Density Residential to Light Industrial classification, to permit re- zoning of the same parcel of land so as to permit the continuing operation of a welding school, as requested by East Side Welding (1994) Ltd. (b) Proposed Zoning By -law text amendment to add a special zone SZ #1, and to re -zone the same parcel of land from "RS -2M" One and Two Family and Mobile Home Suburban Residential to SZ #1 Special Zone #1. (c) Report from Planning Advisory Committee re proposed amendments. (d) Letters and petition in favour of proposed amendments. Letter from solicitor for applicant. (e) Petition and letters of objection to proposed amendments. 5. 7:00 p.m. (a) Proposed Zoning By -law amendment to re -zone a parcel of land located at 33 Magazine Street, from "RM -2" High Rise Multiple Residential to "IL -1" Neighbourhood Institutional classification, to permit the construction of a church, as requested by Carleton Congregation of Jehovah's Witnesses_ (b) Report from Planning Advisory Committee re proposed amendment. 6. 7:00 p.m. (a) Proposed Zoning By -law amendment to add "shopping centre SC -2" to the list of zones, and re -zone a parcel of land located at 120 McDonald Street, from "SC" Shopping Centre to "SC- 2" Shopping Centre classification, to permit a licensed lounge within the existing mall, as requested by Pizzano's Pizza. (b) Report from Planning Advisory Committee re proposed amendment. (c) Letters and petition in favour of proposed amendment. 7. 7:00 p.m. (a) Proposed Zoning By -law amendment to re -zone a parcel of land located at 1022 Millidge Avenue, from "RAA" One Family Residential to "B-1" Local Business classification, to permit the establishment of a marine hardware store within the existing building, as requested by Sandra L. Bell McKenney and Brian McKenney. (b) Report from Planning Advisory Committee re proposed amendment. Page Two COMMON COUNCIL - as at April 16, 1999. 8. 7:0Op. m. (a) Proposed amendment to Section 39 conditions imposed on the September 12, 1994 re- zoning of a parcel of land situated at 1922 Manawagonish Road, to remove the restriction limiting the use of the property to the manufacturing, installation and sale of tow truck bodies as well as a vehicle compound for a towing business, to allow for a greater variety of uses permitted in the 1 -1 ": Light Industrial zone category, as requested by Douglas McCaig and Austin Sleigh. (b) Report from Planning Advisory Committee re proposed amendment. COUNCIL 9. Re cancellation of April 26th Common Council meeting (Mayor McAlary). 10.Re public - private partnerships in housing (Councillor Chase). CITY MANAGER 11. Report re tender for roof replacement, Lancaster Arena. 12. Report re tender for municipal castings. 13. Report re tender for electrical maintenance services. 14. Report re tender for plumbing maintenance. 15. Report re tender for miscellaneous renovations, Parks Department, Adelaide Street. 16. Progress payment, Contract 98 -10, water transmission main -- Wigmores Chamber to Dry Lake Chamber. 17. Re purchase of land from Canadian National Railway, Thorne Avenue. 18. Re proclamation of amendments to Community Planning Act regarding enforcement. 19. Proposed amendment to Business Park Development Incentive Program. 20. Notice of Motion re capital financing. CITY SOLICITOR 21. Re proposed amendment to Council Salary By -Law (1 51 & 2 "d readings given April 12). COMMON CLERK 22. Legal Session resolution re Board of Inquiry under Human Rights Act (April 6). 23. Third reading of proposed Zoning By -Law amendment to re -zone property, 556 Woodward Avenue (1St & 2nd readings given April 12). 24. Third reading of proposed Zoning By -Law amendment to re -zone property, 101 Boars Head Road (15t & 2"d readings given April 12). 25. Third reading of proposed Zoning By -Law amendment re property, 333 -335 Main Street (1St & 2nd readings given April 12). 26. First and second readings to proposed amendment to Subdivision By -Law. COMMITTEES 27. Planning Advisory Committee re proposed subdivision, 556 Woodward Avenue. 28. Letter from Power Commission re cost of 1998 -1999 Christmas decorative lighting program . 29. Letter from Waste Diversion Committee of Fundy Regional Solid Waste Commission re progress of Fundy region's recycling program. GENERAL 30. Letter from Wallace P. MacMurray re Imax Theatre proposal. 31. Letter from Town of Rothesay re Council action regarding proposed section 39 amendment, 2435 -2441 Golden Grove Road. 32. Letter from Rifle Range Residents Association re Churchill Boulevard sanitary sewer, repaving and sidewalks. 33. Application of McAllister Drive Plaza Inc. for re- zoning of property, McAllister Drive. 34. Invitation from "Imagine the Possibilities Team of Champions" to joint meeting re regional cooperation. Page Three COMMON COUNCIL - as at April 16, 1999. COMMITTEE OF THE WHOLE - 4:30 p.m. 35. Re Market Slip wharf (Mayor McAlary). 36. Request of Corporation 1906 Inc. to address Council re Harbourview Subdivision. 37. Re Harbourview Subdivision (City Manager). 38. City Manager's update. 39. Mayor's update. LEGAL SESSION 40. Re Board of Inquiry under the Human Rights Act (City Solicitor). a WHEREAS: WHEREAS: WHEREAS: f agar's @fficr o 2tirtf PROCLAMATION the SALVATION ARMY is renowned for its religious and humanitarian endeavours throughout the world; and the City of Saint John gratefully acknowledges the exemplary work of THE SALVATION ARMY over the many years; and this work is sustained by public contributions in support of THE NATIONAL RED SHIELD APPEAL. NOW THEREFORE: I, Shirley A. McAlary, yor of the City of Saint John, do hereby proclaim May 1- May 3 , 1999 as Saly ion Army Month in the City of Saint John in grateful appreciation of their invaluable services to our community and for their inspirational presence through which they enrich all of our lives. IN WITNESS WEEREOF I have set my hand and caused the seal of the Mayoralty of the City of Saint John to be affixed hereto. R O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E2L 4L1 . (506) 658 -2912 Anuar's f®ffirt 'Saint 304n, X �3- OPEN SESSION OF COUNCIL April 15, 1999 Deputy Mayor Chase and Members of Common Council P. O. Box 1971 Saint John, New Brunswick E2L 4L 1 Deputy Mayor and Councillors: In 1987 the City of Saint John and the City of Bangor became Sister Cities. Since that time, over the years, both cities have exchanged ideas and visits. We plan to travel to Bangor on Saturday, April 25, 1999 to meet with the Mayor and Members of Council. On Monday, April 26'h a forum on the East West Highway issue will be held with several government officials in attendance. We feel that a visit to Bangor, our Sister City, is long overdue and we certainly wish to support the East West Highway issue. Therefore, I would request that Council move to cancel our regular Council Meeting on April 26, 1999. I submit same for your consideration. Yours sincerely, Shirley A. McAlary MAYOR P. O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E21- 411 • (506) 658 -2912 APR -16 -99 FR I 09:54 - - P. 01 rim G�ir,- 2 ga.2 Her Worship, Mayor Shirley McA,lary and Members of Common Council City of Saint John PO Box 1971 Saint John NB April 16, 1999 OPEN SESSION RE' Public- Private Partnerships in Housing Your Worship, Mayor McAlary and Fellow Members of Common Council: The attached correspondence from CMHC sterns from my concerns over the possible demolition over the historic Centenary - Queens Square Church and correlated with the fact that there is an overwhelming demand for public housing in Saint John. My understanding from a recent conversation with Reverend Bob Johnson, was that there had been no specific inquires about developing the stone edifice into public housing_ Subsequently, I discussed the possibilities with an architect, senior staff of Municipalities, Culture and Mousing (Prov. of NB) and Mr_ Tom Levesque of CMHC. All felt the project could be realistic, given that solid partnerships could be formed and a strategic plan developed involving commitment and participation from various partners_ Understanding that the City's direct role would be limited, I feel, at least we may be able to encourage the development of some partnering of other community resources for the development of a Public- Private Partnership in Housing. To this end, and with the blessing of this council, 1 would recommend that we accept Mr_ .Levesque's invitation to speak to us on how such a project would come to fruition_ As per my conversation with him, I would suggest an informal meeting involving interested members of the community as well as any interested member of this council. Just as worthy footnote - Mr_ Levesque is familiar with Centenary- Queens Square Church, having grown up in Saint John and graduating from St_ Malachy's High School in 1972 _ Regards, � ouncillor Stephen. Chase (attachments) 4- 14-99:'• :56- M;CHLAC CMHC SCHL Canad'ai Atlantic Business Centre P_O Box 9315 Station A 7001 Mumford Road Suite 300 Tower 1 Halifax, Nova Scotia B3K 5W9 April 14, 1999 Councilor Stephen Chase City of Saint John Common Council c/o 30 Anglin Drive Saint John, NB E2K 3P9 ;4269991 # Centre des activitts de I'Atlantique C. P. 9315 Succursale A 7001, Chemin Mumford Porte 300 Tour 1 Halifax, Nouvelle-Ecosse B3K 5W9 Re: Canadian Centre for Public- Private Partnerships in Housing - Presentation to Saint John City Council Dear Councilor Chase: This will confirm our conversation of today's date regarding Canada Mortgage and Housing Corporation's Centre for Public- Private Partnerships In Housing. It was a pleasure discussing your interest in this area_ As I indicated during the conversation, groups wishing to start an affordable housing project can obtain a wealth of information from CMHC's Partnership Centre in the Atlantic Business Centre_ We have "how td' guides and research that builds on the federal housing agency's years of affordable housing experience. have faxed to you information in this regard and I will enclose the originals for your records. I would like to repeat my offer to make a short presentation on the mandate, tools, examples of successful projects and discussion on how to get a Public- Private Partnership project started. I would also be willing to meet any groups in greater Saint John with a similar interest 1 have done two very successful meetings of this nature since staring this job last year One in Riverview, NB and another in St. John's NF, with the assistance from the Deputy Mayor of St. John's, Marie White. I am usually able to travel to New Brunswick on relatively short notice. I am planning to be in Frederiction on May 6 & 7 for the New Brunswick Non - Profit Housing Conference. Perhaps we could plan around those dates. I look forward to hearing from you. 4- •4 -99; .5EAr1; CMIC Sincerely, 104,41~- l Tam Levesq Principal, P blic -Privy -Partnerships in Housing Atlantic Busi entre 1e1: (902) 42"430 fax: (902) 426-9991 E -mail: devesqu@cmhc- schl.gc,ca ( attachments) 469391 # 3 n x Z C A 4-14-93. 1 : 56.-,M ; CHMC N A D A M O R T G A G E: A N D H O U S I N G C O R P O R A T l O N Financing WHAT WE HAVE TO OFFER Mortgage Loan Insurance - A product that makes it easier for non- profit groups to obtain financial backing from lenders for their affordable housing project. It is protection for the lender if the non- profit borrower defaults on the mortgage loan (fees and premiums vary). Proposal Development Loans - Interest -free loans to help non -profit organizations prepare detailed proposals to develop affordable housing for seniors, persons with disabilities, and low- income households. One -on -one consultation (at no charge) with our partnership experts who will guide you through the full range of financing options available. Networking Workshops, Conferences, Regional Advisory Meetings - Through our local, regional and national contacts, we introduce you to potential project partners who can help with proposal development, fund raising, financing, construction and project management Information • Housing Research and Statistics • "How -To" Guides • Case Studies • Market Analysis • On -Line Housing Databases Partnership Courier is a quarterly newsletter that highlights housing partnership best practices, solutions that have worked for others, how to arrange financing, important contact information and upcoming affordable housing events and networking opportunities (free). Call the Housing Partnership Resource in the Canadian Housing Information Centre at 1 -boo- 668 -2642 for free information on housing partnerships. (fees for customized information will vary) What is the Canadian Centre for Public- Private Partnerships in Housing? The Centre is a community - focused, experienced team within Canada Mortgage and Housing Corporation. We provide a network of housing partnership experts whose mandate is to help communities like yours make informed decisions about affordable housing development. We offer experience, infnrmation and resources such as proposal development loans and mortgage loan Insurance. For more information visit the CMHC Web site at www.cmhc- sch1.gc.ca cMxc t"I scHu. /V 11" Canadian Centre For Public - Private Partnerships In Housing WE HELP Coh:HmIES LIKE YOURS MAKE INFORMED DECISIONS ABOUT AFFORDABLE HOUSING. Do You Have Questions? Atlantic Business Centre FO. Box 9315, Stn A, Halifax, NS B3K 5W9 Tel: (902) 426 -8430 Fate (902) 426 -9991 Quebec Business Centre 1010, ouest de la Creuche0re Place du Canada, 11" floor Montreal, QC 1138 2N2 Tel: (514) 283 -2203 Fax (514) 283 -7595 Ontario Business Centre 100 Sheppard Ave, East, Suite 500, North York, Ontario M2N 6N5 TeL (416) 218 -3341 Fax: (416) 218 -3314 Prairie and M Business Centre P.O. Box 2560, Calgary, Alberta T2P ZN9 Tel: (403) 292 -6244 Fax (403) 292 -6238 B- C. and Yukon Business Centre 2600 Granville Street, Suite 400, Vancouver, BC V611 3V7 Tel: (604) 666 -4660 Fax: (604) 666 -3020 Housing Partnership Resource, Canadian Housing Information Centre 700 Montreal Road Ottawa, Ontario K1A OF Tel- 1-800 -668 -2642 Fax: (613) 748 -4069 + -1 k -99; i ' - 56- ri;CHP1C ;4=63991 # 5.' M O R T G A G E A N D H O U 5 1 N G C O R P O R A T I O N WHAT YOU 4EED T4 KNOWPartnerships rr for Public Prinng In Housing Proposal Development Loan What is a proposal development loan? An interest -free loan to help Organizations and individuals prepare a detailed proposal to develop affordable housing for seniors, persons with disabilities, and persons with low- incomes. Who is eligible for funding? - private non -profit corporations - non - profit cooperative housing associations - individuals who represent organizations that will be incorporated as non - profits in the future - non - profits organizations working in partnership with private developers and/or municipalities Mio is no eligible for funding? -provincial and municipal governments - public non -profit housing organizations - consuLants -developers HOW much money is available? Up to $75,000 is available to develop each proposal - depending on the size and complexity of the housing project and how much proposal development work needs to be done. The loan will not likely cover all the costs of developing a proposal so organizations should be prepared to contribute at least 10 per cent of the proposal developmart costs. After reviewing your situation, CMHC regional business centres can provide you with more information on a loan amount that could be available to you. Benefits: -Helps you obtain professional resources and complementary skills -A source of interest -free financing for pre - development expenses before project financing is in place -You do, not pay back the loan until the housing project is started r* CMHC SCHL z Canada WE HELP COMMUNITIES LUM YOURS MAKE INFORMED DECISIONS ABOUT AFFORDABLE. HOUSING. Do You Have Questiom? Atlantic business Centre F.O. Box 9315, Sin A, Halifax, NS B3K 5W9 Tel: (902) 426.8430 F= (902) 426.9991 Qu6bee Business Centre 1010, ouesi de la Gauchetike Place du Canada, r I' floor Montreal, QC 113B 2N2 Tel: (514) 283 -2203 Fax: (514) 283 -7595 Ontario Business Centre 100 Sheppard Ave., East, Suite 500, North York, Ontario M2N 6N5 Tel: (416) 218.3341 Fax: (416) 218 -3314 Prairie and NWT Business Centre Po. Box 2560, Calgary, Alberta T2F 2N9 Tel: (403) 292 -6244 Fax: (403) 292 -6238 B. c. and Yukon Business Centre 2600 Granville Street, Suite 400, Vancouver, BC V611 3V7 Tel: (604) 666 -4660 Fax: (6o4) 666 -3020 Housing Partnership Resource, Canadian Housing Information Centre;`: C A N A D A Tel: 1-800-668-2642 Fax: (613) 748 -4069 Ida M O R T G A G E A N D H O U 5 1 N G C O R P O R A T I O N WHAT YOU 4EED T4 KNOWPartnerships rr for Public Prinng In Housing Proposal Development Loan What is a proposal development loan? An interest -free loan to help Organizations and individuals prepare a detailed proposal to develop affordable housing for seniors, persons with disabilities, and persons with low- incomes. Who is eligible for funding? - private non -profit corporations - non - profit cooperative housing associations - individuals who represent organizations that will be incorporated as non - profits in the future - non - profits organizations working in partnership with private developers and/or municipalities Mio is no eligible for funding? -provincial and municipal governments - public non -profit housing organizations - consuLants -developers HOW much money is available? Up to $75,000 is available to develop each proposal - depending on the size and complexity of the housing project and how much proposal development work needs to be done. The loan will not likely cover all the costs of developing a proposal so organizations should be prepared to contribute at least 10 per cent of the proposal developmart costs. After reviewing your situation, CMHC regional business centres can provide you with more information on a loan amount that could be available to you. Benefits: -Helps you obtain professional resources and complementary skills -A source of interest -free financing for pre - development expenses before project financing is in place -You do, not pay back the loan until the housing project is started r* CMHC SCHL z Canada WE HELP COMMUNITIES LUM YOURS MAKE INFORMED DECISIONS ABOUT AFFORDABLE. HOUSING. Do You Have Questiom? Atlantic business Centre F.O. Box 9315, Sin A, Halifax, NS B3K 5W9 Tel: (902) 426.8430 F= (902) 426.9991 Qu6bee Business Centre 1010, ouesi de la Gauchetike Place du Canada, r I' floor Montreal, QC 113B 2N2 Tel: (514) 283 -2203 Fax: (514) 283 -7595 Ontario Business Centre 100 Sheppard Ave., East, Suite 500, North York, Ontario M2N 6N5 Tel: (416) 218.3341 Fax: (416) 218 -3314 Prairie and NWT Business Centre Po. Box 2560, Calgary, Alberta T2F 2N9 Tel: (403) 292 -6244 Fax: (403) 292 -6238 B. c. and Yukon Business Centre 2600 Granville Street, Suite 400, Vancouver, BC V611 3V7 Tel: (604) 666 -4660 Fax: (6o4) 666 -3020 Housing Partnership Resource, Canadian Housing Information Centre;`: 700 Montreal Road Ottawa, Ontario K1A OP7 Tel: 1-800-668-2642 Fax: (613) 748 -4069 — 1 4-9q; 1 1 : 56s-.A1 ; CHf 1C .4269991 # 6% t. .. C A N A D A M O R T G A G E A N D H O U 5 1 N G What activities can the funds be used for? �-k Theremust already be a demonstrated demand for housing for seniors, persons with disabilities or low-income households. Projects for low - income households must be affordable. C O R p D R A T I O N The funding is intended to help cover some of the costs of bringing a housing proposal to the financing stage: - Developing a business plan, soil and environmental testing, architectural design and specifications, capital and operating estimates, reviewing options/offers to purchase, hiring legal aad financial services, costs involved in mortgage financing, preparing contract documents, and related application fees. What activities are not eligibi'e for the loan? - initial feasibility studies to determine need, detlaand, affrn-dability and acceptability of a housing option - Activities that were undertaken before the proposal development loan was approved Hew does the application process work? 1. Contact the CMHC regional business centre nearest you fir more information about: -proposal development loans - obtaining an application -what to include in preparing your application and get assistance in applying, and -other sources of funding available to affordable housing providers. 2. Complete the Proposal Development Funding Application. include all information that is requested by your regional CMHC business centre, including a narrative description:. -:. history of the organization, housing options/need and demand, affordability, and details of the proposed project. 3. CMHCwiU acknowledge (within 10 business days) receiving your application and will make every effort to give a timely response to your loan application. Once approved for a proposal development loan, we ask that you provide a copy of your organization's incorporation documents. You will be asked to sign a loan agreement with CMHC. Loan advances are limited to $10,000 until CMHC has received confirmation that a soil report and phase I environmental site assessment have been completed. As you develop the financing proposal you submit invoices to CMHC and we will provide the loan funds. There may be other conditions which apply. Where can you apply? Flow can you get more information? Tom Levesque, Atlantic Business Centre (902) 426 -8430 Claudette Dupuis, Quebec Business Centre (514) 283 -2203 Len Bulmer, Ontario Business Centre (416) 219 -3341 Bifl Joyner, Prairies & NWT Business Centre (403) 292 -6244 Steve Hall, BC & Yukon Business Centre (604) 666 -4660 cMxc t% scxi. 04— _ 1 . No ._ CGnedien Centre For Public- hivate Partnerships In Housing 'S aw COMMUNMS LIKE YOURS MAKE WORM DECISIONS ABOUT AFFORDABLE HOUSING.. Do You Have Questions? 3" o Atlantic Business Centre P0. Box 9315, Stn A, Halifax, N5 B39 5W9 Tel: (902) 426 -8430 Fax: (902) 426.9991 QUO" Business Centre 1010, ouest de to Gaucheo&e Place du Cans 11* floor Montreal, QC 113B 2N2 TeL (514) 283 -2203 Fax; (514) 283 -7595 Ontario Business Centre 100 Sheppard Ave., East Suite 500, North York, Ontario M2N 6X5 Tel: (416) 218 -3341 Fare (416) 218 -3314 Prairie and NWT Business Centre P-0. Box 2560, Calgary, Alberta 72P 2N9 Tel: (403) 292.6244 Fax; (403) 292 -6238 B. C. and Yukon Bmirtess Centre 2600 GrafmMe Street, Sake 400, Yancouver, BC V61i 3V7 Td, (604) 666 -4660 Fax. (604) 666 -3020 Housing Partnership Resource, Canadian Housing Information Centre 700 Mon" Road Ogawa, Ontario K1A OP7 Tel: 1400 - 668-2642 Fax: (613) 748.4069 M Ln z 4-14-99;1 : 56AM ; CW1C A N A D A M O R T G A G E A N D ;4Z69991 # 7/ 3 H O U S I N G C O R P O R A T 1 0 N WHAT YOU 4EED TO KNOW CMHC Mortgage Loan Insurance for Non -Profit Groups What is mortgage loan insurance? Mortgage loan insurance makes it easier for non -profit groups to obtain financial backing from lenders for affordable housing projects. It is protection for the lender if the non -profit borrower defaults on the mortgage loan. Benefits 'or the Non - Profit Group: • Lenders can, in many cases, provide lower rates to borrowers because their landing risk is lowered thanks to mortgage insurance. And lower interest rates lead to lower payments, higher cash flows • Up to 85 per cent of the lending value can be insured for groups with demonstrated proj ectdevelopment and management experience. When a non -profit group does not have this experience, they can partner with a widely based community group or other sponsor group who has this experience, as well as the ability to fundraise and receive donations. This means that an equity contribution of as little as 15% may be required. • Mortgage insurance application fees and premiums may be added to the mortgage loan and paid back over the life of the mortgage • The mortgage loan is insured for the full amortization period What are the mortgage loan insurance requirements for non - profit groups? CMHC's three -step approach to reviewing and underwriting business for its non -profit clients is the same as for its market clients: 1) Analysis of the Housing Market: Market factors affect the risk of financing the mortgage loans. The non -profit group and CMiiC should assess the market for answers to questions such as: Is this type of housing marketable in today's market? Are the prices or rents too high? Are there too many units available in the target market? What is the target group for the housing? How long will it take to sell or rent the project? Are local long -term employment and demographic market trends favourable for the type of housing? Does the housing project serve apaarticular need that the market is currently serving? 2) Analysis of the Borrower: The non -profit group and CMHC should analyze the borrower's and partner's competence (track record and membership commitment, management ability, quality of the marketing strategy, fundraising expertise, relevant past experience) and capacity (financial statements, net worth, source of funding, demonstrated equity to cover differences between the loan amount and the total project costs). CMHC t% SCHL G mad'a Canadian lantre For Public- Private Partners ips In Housing WE HELP COMMUNfTTES ° LIKE YOURS MAKE INFORMED DECISIONS ` ABOUT AFFORDABLE HOUSING. Do You Have Questions? Atlantic Business Centre P.O. Box 9315, Stn A, Halifax, NS B3K 5W9 Tel: (902) 426 -8430 Fax: (902) 426 -9491 Qu6bec Business Centre 1010, ouest de la Gaucheti&e Place du Canada, 11° floor Montreal, QC 113B 2N2 Tel: (5I4) 283 -2203 Fax: (514) 283.7595 Ontario Business Centre 100 Sheppard Ave_, Fast,,Suite 500, North York, Ontario M2N 6N5 Tel: (416) 218 -3341 Fax: (416) 218 -3314 Prairie and NWT Busiocss Centre P.O. Box 2560, Calgary, Alberta UP 2N9 Tel: (403) 292 -6244 Fax: (403) 292 -6238 B. C- and Yukon Business Ce 2600 Granville Street, Suite 400, Vancouver, BC V6H 3V7 Tel: (604) 666 -466o Fax: (604) 666 -3020 Housing Partnership Resoun Canadian Housing Information Centre 700 Montreal Road Ottawa, Ontario K1A OP7 Td: 1 -80o- 668 -2642 Fax: (613) 748.4069 I J _ _ C A N A D A i M O R T G A G E ;4_69' 91 # 8 A N D H O U S I N G C O R P O R A T I O N 3) Analysis of the Project 'Bricks and Mortar ": A full assessment of the market value that the real estate or "bricks and mortar" provides (includes an appraisal report, report on the quality, condition and durability of the project, an environmental site assessment). CMHC has developed a "Guide to Mortgage Loan Insurance for Multiple Projects" which helps non -profit groups answer these questions and many more. It describes in detail what information is required for each of these three steps. Most importantly, it describes how non - profit groups can collect this information. The Guide sets out all the documentation that a non -profit group needs to provide the Approved Lender and CMHC to obtain project financing. The amount and detail of documentation supporting an application for mortgage loan insurance varies from project to project depending on the size and complexity of the deal, and whether it is a new or existing project. You should be aware that documentation is required about the property and the borrower. Hour much does mortgage loan Insurance cost? There are application fees and premiums for this service. Costs vary depending on the amount of the loan to be insured in relation to the market value of the project, as well as the associated risk. Mortgage insurance application fees and premiums may be added to the mortgage loan and paid back over the life of the mortgage. The CMHC regional business centre nearest you can provide more information and advice on costs for your particular project. How does the mortgage loan insurance application process work? Non -profit groups should contact an NM Approved Lender to make an application for CMHC mortgage loan insurance. There are more than 160 Approved Lenders in Canada. CMHC will work closely with you and your lender throughout the financing process. The CMHC regional business centre nearest you can give you more information about mortgage loan insurance, advice on making an application to an Approved Leader for mortgage loan insurance, what to include in a financing proposal, and how to find other sources of funding available to affordable housing providers. What is the Canadian Centre for Public- Private Partnerships in Housing? The Centre is a community focused, experienced team within Canada Mortgage and Housing Corporation. We provide a network of housing partnership experts whose mandate is to help communities like yours make informed decisions about affordable housing development. We offer experience, information and resources such as mortgage loan insurance and proposal development funding. For more information contact Tom Levesque Principal, Public Private Partnerships, CMHC's Atlantic Business Centre. telephone: 426 -8430 jax: 426 -9991 E -mail: tfevesqu @cmhc- schl.gc.ca CMHC t% SCHL 1 •i Canadian Centre Far Public- hivate Partners hi s In Housing WE HELP COMMUlV MS LM YOURS MAKE INFORMED DECISIONS ABOUT AffORDABLE HOUSING. Do You Have Questions? Milan& Business Centre PO. Box 9315, Stn A, ='t Haltfa=, AS Bag 5W9 Tel: (901) 426,8430 Fax: (902) 426 -9991 Qa t►ec Business Centre 1010, onest de is GaucheWre Place du Canada, l P floor MonteA, QC U38 2N2 Tel: (514) 283 -2203 Fa: (514) 283 -7595 Ontario Business Centre 100 Sheppard Ave., East, suite 500, North York, Out" WN 6N5 Tel. (416) 218 -3341 Fax: (416) 218 -3314 Prairie and NNWfr Business Centre P.O. Box 256o, Calgary, Alberta TO 2M Tel: (403) 2926244 Fax: (403) 292 -6238 B. C. and Yukon Business Centre 26M Granville Street, Suite 400, Vancouver, BC V6i13V7 Tel: (604) 6664660 Fax: (6o4) 666-3020 Housing Partnership Resource, Canadian Housing Informatioa Centre 700 Montreal Road ottma, antRio g1A OP7 Tel: 1-St10 "2642 Fax: (613) 748 -4069 i_ REPORT TO COMMON COUNCIL City of Saint John M & C — 99-120 15 April, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Roof Replaccmcnt BACKGROUND: Tenders were called in 1998 for the partial or phase 1 replacement of a section of the roof on the Lancaster Arena. That portion of the project having been successfully completed, tenders for the final phase closed on Wednesday April 14, 1999. This phase of the project, upon completion, will see the entire roof of the Lancaster Arena renewed. This project was necessitated by the age of the building, 32 years, and the condition of the existing roof, it has been repaired many times over the years but still leaks. ANALYSIS: As a condition of this tender, bidders are to provide the City of Saint Johnn with a minimum 10 year manufacturer's warranty on the new roof membrane and a 2 year Canadian Roofer Contractors Association (CRCA) warranty on their labour. These warranties provide the City with a form of recourse in the event of roof failure, even if the contractor is no longer available. Upon review of the tenders by staff of Materials Management and Real Estate and Facility Management, it was discovered the low bidder, being a fairly new contractor, is unable to provide the City with the required warranty. �k PAGE TWO ANALYSIS .... cont'd: For this reason, staff have no option but to reject the tender of the low bidder, Lunn's Roofing Ltd., in favour of the next low bidder. A summary of all of the tenders is enclosed for Council's consideration. FINANCIAL IMPLICATIONS: If awarded as recommended, to the lowest bidder, to meet all of the requirements of the tender, the total cost to complete phase 2 of the roof replacement on the Lancaster Arena will be $47,990.00, tax included. This is a planned expenditure for which funds have been provided in the 1999 Capital Budget. RECOMME NDATION: It is recommended that the tender of Martin's Roofing Ltd., in the amount of $47,990.00, tax included, for the replacement of the roof on the Lancaster Arena, be accepted. Respectfully David Logan, Purchasing A WlAi W Beckett, issioner Fi T. L. Totten, CA City Manager H z o ,,a n � N O a v 0 0 00 ✓ aw N 0 0 o `p r 00 C/ W o0 bfl b O d V: a d o 0 b s 0 o 0 A �n O r V) (Sy O nj 3 O � V V O kn 42 cpe m O ON W w a z cn v � W � W U z O O W P4 � pa W Q z 0 F O WU a fs7 H A -x REPORT TO COMMON COUNCIL lyT. J M & C — 99 -119 15 April, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Municipal Castings BACKGROUND: Tenders have been received from 3 bidders for the establishment of a supply agreement for the provision of municipal castings. The term of this agreement is 12 months from the date of award by Council_ The purpose of this supply agreement is to provide the City with a ready source of castings at a firm price and for a fixed period. Municipal castings are used by the Works Department and Water and Sewerage Department to replace existing, damaged units, or during regular street maintenance projects and for new service installations. ANALYSIS: A summary of the bids received in response to the City's advertised call for tenders is enclosed for Council's consideration. As you review the bids, Council will note that Canada Municipal Castings Ltd and Strescon Ltd are split on their pricing with one company being the low bidder on some of the items and the other being the lowest on others. It is important to note that where some of these items form sets and the sets should match it is not advisable to split the sets. Items number 1 and 2 form a set, items 1 and 3 form a set and items 5 and 6 form a set. 1 .V PAGE TWO ANALYSIS continued: When the analysis is applied on this basis, Strescon becomes the low bidder for set #1, items 1 and 2, $168.00 vs 174.75, set #2, items 1 and 3, $178.00 vs 199.75 and set #3, items 5 and 6, $168.00 vs 175.25. It is for this reason that staff recommend against splitting the award between two bidders. FINANCIAL IMPLICATIONS: If awarded in the fashion recommended, ie to the lowest bidder for each set, then the total approximate cost for municipal castings for 1999 through to the year 2000 will be, based on the unit prices bid and the quantities estimated, $81,550.00. This is a planned expenditure and as such, funds have been included in the 1999 operating and capital budgets of both the Water and Sewerage and Works Departments to cover the cost. RECOMMENDATION: It is recommended that the tender submitted by Strescon Ltd for the establishment of a supply agreement for the provision of municipal castings, for a period of 12 months, as detailed on the enclosed summary, be accepted. Res ectfully submi d, David Logan, VI&PB Purchasing Agent AtAe eckett, CA Co ssioner Finane T. L. Totten, CA City Manager 4a 0. a O p O cq O fA L4 69 br9 6p R fi9 W a I m l kn r I kn o f o Z o a V O o cn U w C7 O O O O O O O a ul � m m uq o 00 00 (Z � p 00 Q Cl) I O ' GS "0 rq H OA U Z J) ea U �bbn 3 w U c*C U AO m �� r a O� LL U) 0 LIJoU O N m v ir, � pq J ¢WL9 a U O Z A O p p O Q p O O CO t/3 69 00 L-4 U p OG Va F7 69 ,--i l6q e� aQ� aaw Lr Z A v' O p kn W) kn O Z a ^ � H tn p ti ul H J Q s Coo Ln Z o a V „ o cn U w C7 A N �] 0 > U > (� � P-1 V I O ' G "0 H jyy O W ❑ U �bbn 3 w U c*C U a O� O N m v ir, � pq REPORT TO COMMON COUNCIL M & C — 99 -123 City of Saint John 15 April, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Electrical Maintenance Services BACKGROUND: Tenders have been received for the establishment of a supply agreement for electrical maintenance services to all City owned buildings, with the exception of water and waste water treatment facilities, on an as and when required bases. This is traditionally a 2 year agreement which requires the bidders to submit hourly labour rates and material make -up percentages for each of the 2 years. As stated above, certain facilities such as those used for water and waste water treatment and distribution are excluded for this bid process and supply agreement. These operations are industrial in nature and contain equipment that requires a different skill set than would be needed to maintain a primarily office or recreational application. If grouped together in one tender call stall.' heel that certain vendors would be unfairly excluded from bidding on work they could reasonable be expected to carry out. Staff have called a tender specifically aimed at the requirements of Water and Sewerage and will bring the results of this tender forward at a later date. This tender has not closed as yet. ANALYSIS: Two companies chose to respond the City's publicly advertised tender call by submitting bids. Staff were initially concerned about the low turn out for this tender call however upon investigation it was determined that the response to this tender is never more than 3 bidders. PAGE TWO ANALYSIS... coat' d: The following is a breakdown of the tender submissions for your consideration; #1 Bay Electric ),Cal- I Year 2 Journeyman 23.00/hr 23.00/hr Reg Hours 28.00/hr 28.00/hr Journeyman 23.00 /hr 23.00 /hr Overtime Hrs 28.00 /hr 28.00 /hr Mark -up on 10 10 • o Materials 15 % 15% #2 J_W.Electric Year l Year 2 ' Journeyman 28.00/hr 28.00/hr Reg Hours Journeyman 28.00 /hr 28.00 /hr Overtime Hrs Mark -up on 15 % 15% Materials *all taxes are extra Staff of Materials Management and Real Estate and Facility Management have reviewed the bids and have found them to be complete in e<,ery regard. s� PAGE T14REE FINANCIAL IMPLICATIONS: The total cost of electrical maintenance cannot be accurately predicted from year to year. Staff do however estimate, based on historical data, what the value of this work will be. Based on an annual approximation of 1600 hours of regular time and 40 hours of overtime and $22,000.00 worth of vendor supplied materials, and using the prices submitted by the lowest bidder, staff estimate that the total cost of this service, per year, will be $61,920.00 (tax extra). Funds to cover electrical maintenance are included in the annual operating budget. RECOMMENDATION: it is recommended that the tender of Bay Electric Ltd., for the establishment of a supply agreement for the provision of electrical maintenance services to City owned buildings, with the exception of those identified as water and waste water treatment facilities, be accepted, in accordance Nvith the prices contained herein, for a term of 24 months from the date of award by Council. R ectfay s itted, David PPB Purchasing Agent T. L. Totten, CA City Manager Office of the Mary L. Munford P.D. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 April 26, 1999 B & R Commercial Sales & Services 1081 Manawagonish Road Saint John, NB E2M 3X5 Dear Sirs: At a meeting of the Common Council, held on the 19th instant, the following resolution was adopted, namely:- City of Saint John " RESOLVED that as recommended by the City Manager, the tender of B & R Commercial, as per the prices contained in the submitted summary of bids, be accepted for the provision of plumbing maintenance services to City owned buildings for a term of twenty -four months from the date of award by Council." Enclosed is a copy of the above - mentioned summary of bids. Yours truly, Mary LPMunford l Common Clerk MLM:sc Enc (1) REPORT TO COMMON COUNCIL fO'YZ h M & C — 99 -121 City of Saint John 15 April, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Plumbing Maintenance BACKGROUND: Tenders have been received from 4 bidders for the establishment of a supply agreement for the provision of plumbing maintenance to all City owned buildings. The term of this agreement shall be 24 months from the date of award by Council and will see the City enjoy fixed hourly rates for each year of the 2 year term. As a condition of this tender, bidders were to submit hourly rates for journeyman plumbers for both regular hours and overtime, along with a percentage mark -up on vendor supplied materials. The nature of the work undertaken through this supply agreement is of a generalised nature and no specific requirements related to buildings or facilities were necessary. ANALYSIS: As stated, 4 companies chose to submit tenders in response to this advertised public tender call.. A. summary of the bids is enclosed for Council's consideration. Staff of Materials Management and Real Estate and Facility Management have reviewed the bids and have found them all to be complete in every regard. PAGE TWO FINANCIAL IMPLICATIONS: The total value of supply agreements of this nature cannot accurately be predicted due to the nature of the work and the structure of the agreement. Staff can, however, using historical data, estimate the total number of hours and materials to be employed. It has been estimated that over the 24 month course of this agreement, there could be a need for approximately 1400 regular hours, 200 overtime hours and $24,000.00 worth of vendor supplied materials. Based on the hourly rates quoted, by the lowest bidder, for each year of this agreement, the approximate cost of plumbing maintenance services for year 1. will be $34,625.00 and for year 2 will be $37,350.00 for a total estimated cost, over the term of the agreement, of $ 71,975.00, plus tax. This is a planned expenditure and as such, funds are identified in the annual operating budget. RECOMMENDATION: It is recommended that the tender of B & R Commercial, for the establishment of a 24 month period, from the date of award by Council, supply agreement for the provision of plumbing maintenance services, in accordance with the prices contained on the enclosed summary of bids, be accepted. CPPB Purchasing -S��j4VjQ:s A41*c Beckett, CA /% Comi4issioner Finanfe , T. L. Totten., CA City Manager a z O N N OD O CA ON w z w F� a a H r_,i w P4 M � •-- 1 N o C? N 0 o N 0 ui kn Q M M W O w zU o z oA ° a o �o� a+ W Q O O O O c W N M N M tn V O O P N a F W N .Hr V .. x x Q k kn N C:3 a U1 x [cn w O 0 A � 0 V) (j) �NH O O PA H r_,i w P4 M � •-- ., c7� o "' W O w zU o z oA ° o �o� PL4 O O P z O H d z 0 U F U REPORT TO COMMON COUNCIL J M & C — 99 -122 15 April, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Miscellaneous Renovations Parks Department Adelaide St. BACKGROUND: As a part of the program to better utilize the space occupied by the City of Saint John in it's various buildings, some functions have been merged and moved to more appropriate facilities. Such is the case with the unification of the departments of Recreation and Parks. When joined together, both were relocated to the Parks facilities Adelaide St. While planning for this move, staff recognized the building would have to be renovated to accommodate the needs of both departments. Funds were identified in the 1998 Capital Budget to cover a portion of this cost. This part of the project, when completed dealt with some immediate needs. Funds were again identified in the 1999 Capital Budget to complete this project. Tenders have been received to complete the final phase of these renovations. ANALYSIS: Three companies responded to the City's call for public tenders by submitting bids. Staff of Materials Management and Real Estate and Facility Management have reviewed the bids and have found them to be complete in every regard. PAGE TWO ANALYSIS .... cont'd; The following is a break down of the tenders received; Erb's Enterprises Ltd $48,865.00 Saint John Choice Building Contractor Ltd. $49,200.00 Saint John Bethmar Construction Ltd $58,960.00 Saint John *above prices include all taxes FINANCIAL IMPLICATIONS: If awarded to the lowest bidder, the total cost to finalize the renovations to the Recreation and Parks building, Adelaide St., will be $48,865.00, all taxes included. This is a planned expenditure and as such funds have been identified in the 1999 Capital Budget. RECOMMENDATION: It is recommended that the tender of Erb's Enterprises Ltd, in the amount of $48,865.00, taxes included, for the necessary renovations to the City owned building located on Adelaide Street and known as the Recreation and Parks Department Complex, be accepted. ctfully u fitted, David L an CPPB Purchasing Agent Beckett, sioner Fi T. L. Totten, CA City Manager M &C 99 -117 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council: SUBJECT Contract 98 -10: 1050mm (42 ") Water Transmission Main Wigmores Chamber to Dry Lake Chamber - Progress Payment BACKGROUND 7 City of Saint John Contract 98 -10 was awarded to Fairville Construction Ltd., by Common Council, on August 24, 1998 (M &C 98 -261) for a tender amount of $ 408,644.00. The project is now complete with a final project value of $439,690.76 — an increase over the awarded amount of $31,046.76. This site was difficult to work within, as it involved the installation of a new transmission main through an old lake bed with extremely poor soil conditions and excess water, leading to an increase in quantities and time required to complete construction. ANALYSIS Contract 98 -10 consisted of the supply of labour, material and equipment for the installation of 461 metres (1512') of 1050mm (42 ") diameter transmission main. The new line was installed to provide reliable transmission of treated water from Latimer Lake to the City. The two existing lines (1- 39" concrete installed in 1905 and 1- 42" concrete installed in 1918) were leaking badly and could not be trusted for uninterrupted supply of water to the City. The additional cost to the contract arose from existing unknown conditions at the site. The City had anticipated being able to shut the water supply off in one of the existing large transmission mains and was unable to do so. This led to extensive quantities of water entering the construction site that had to be pumped to allow work to take place. This accounted for approximately $10,000 in additional work. Working in the old lake bed also presented soft soil conditions that had to be dealt with. Poor soil conditions had been anticipated but not to the extent encountered. Additional work was required to prevent settlement of the newly installed transmission main. Each section of the 42" pipe weighs in excess of 5300 lbs. and in excess of 17,300 lbs. when filled ti�) M &C -99 -117 Contract 98 -10 Page 2 with water. The additional work associated with the soil conditions accounted for an increase of approximately $15,000 to the contract. The contractor also encountered an 8" drain line under the existing large transmission mains that was unknown to exist — probably installed in the early 1900's when the original lines were installed. This and the fact that the intake sluice gates could not be fully secured in the closed position, led to increased water flow and pumping to make the final connection of the new main to the existing transmission main. This additional work added approximately $7,000 to the contract value. FINANCIAL IMPLICATIONS Contract 98 -10 was one of two projects approved in the 1997 and 1998 Capital Program for the Water and Sewer Utility under the title "Pipeline Road East ". A total of $950,000.00 was approved for the Pipeline Road East projects for the two years. Council awarded the first project on July 13,1998 (M &C 98 -209) as Contract 98 -2 to L. Halpin Excavating Ltd. to install a 1050mm (42 ") by -pass pipe at the Little River Pumping Station. Council approved the final payment for that contract on February 1,1999. Costs have now been finalized for this contract (98 -10). The total of the two projects (Contract 98 -2 and Contract 98 -10) for Pipeline Road East, including materials, engineering costs, construction costs and work by City forces is $1,007,000.00. This represents an over expenditure, on the total budget of $950,000.00, of approximately $57,000.00. Review of the 1998 Capital Program budget analysis (as presented to Council April 6, 1999) indicates that the funds are available to cover these additional costs to the project without overspending the approved budget envelope for 1998. RECOMMENDATION It is recommended that Common Council approve the added expenditure of $31,046.76 on Contract 98 -10 for a final contract value of $439,690.76. Respectfully submitted, P. Eng. er, Munk' al`�Operations Terrence L. Totten, C.A. City Manager 11 OPEN SESSION M & C 99 -115 April 19, 1999 HER WORSHIP MAYOR SHIRLEY MCALARY AND MEMBERS OF COMMON COUNCIL YOUR WORSHIP AND COUNCILLORS: SUBJECT Purchase of land from Canadian National Railway Thorne Avenue BACKGROUND: M City of Saint John Staff has had ongoing discussions with CNR and its agent with regard to several parcels of land CNR has offered to the City, as part of its program to dispose of surplus properties. In August of 1998, Council approved the purchase of CNR land on Station Street, which was leased from CNR for the Saint John Parking Commission and Harbour Station parking lots and a parcel of land occupied by Station Street. In this report, staff is recommending the purchase of land currently leased from CNR at the Thorne Avenue entrance to the sewage treatment plant and the land used by Saint John Energy to store hydro poles. The City has leased from CNR an approximately 15,500 square foot property on Thorne Avenue for many years. Under the terms of lease, either party can terminate the lease. The property serves as the main driveway to the treatment plant and a storage yard for Saint John Energy. The current annual rent is $345.00 including taxes. The 150 by 100 foot property is ideally suitable for a midsize commercial development, which in staff's opinion, makes the offered purchase price of $35,000 for the property, a reasonable offer. �A ;Report to Common Council April 19, 1999 Page 2 Part "A" as identified on the attached map is currently used for parking by patrons of the businesses located on the adjoining property. It is staff's understanding that the owners of the property are not interested in purchasing this portion of the CNR property. In the event the City purchases the property, staff will approach the owner of the property with the intent to negotiate an agreement to use part "A ". ANALYSIS• 1. Strategic Plan Conformity /Existing City Policy Whenever an opportunity arises to purchase a leased property, staff evaluates the offer in consultation with the user department. However, in this case, it would be prudent for the City to purchase the Thorne Avenue property to protect the driveway entrance to its treatment plant. 2. Input From Other Sources The Water & Sewer Department and Saint John Energy support the purchase of the Thorne Avenue property. 3. Financial Implications Saint John Energy has agreed to contribute $17,500 towards the purchase price and pay one half the annual property taxes in return for the privilege to continue to use part of the property for pole storage. RECOMMENDATION Your City Manager recommends that Council: a) authorize the purchase of approximately 15,800 square feet of land located on Thorne Avenue currently leased from Canadian National Railway for the agreed upon price of $35,000 plus applicable taxes; and Report to Common Council Apri119, 1999 Page 3 b) authorize the Mayor and Common Clerk to sign any documents necessary to give effect to this resolution. Respectfully submitted, /. t (2. Sid Lodhi, P. Eng. Manager Real Estate and Facility Management /.Claude MacKinnon, P. Eng. issioner Envir ment & Dev opment Services s Terrence Totten, C.A. City Manager 0 Y 1 b M ` � 4 I � JQ �Gr a rn :a a ni > I 2WG.Sog lama a !&. 9 ..,__. -,- . 1 z O r k p� CD — O in D ^../� Q' K 7 cD ICI 7,00/Z00 1B louO')DN• UDIQDUOo I f tl "DNI 'ADNd XYRM df61 999 90S�Q. Wil 66 /9Z /ZO OPEN SESSION M &C -99 -125 April 16, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Amendments to the Community Planning Act Enforcement BACKGROUND: City of Saint John The Provincial Legislature at its last sitting passed a number of amendments to the Community Planning Act. These amendments have not yet been proclaimed, and are not effective. Amendments to the Act are made on a regular basis by the Province to address various problems and issues which have come to their attention. These changes generally are not fundamental. Significant amendments to the Act are proposed after a thorough public review and after the changes to the Municipalities Act are adopted. One part of the recent amendments made a significant change to the enforcement provisions of the Act, specifically Section 93. ANALYSIS: The present Section 93 reads in part. "93(1) Where a development is undertaken in contravention of this Act, a by -law or regulation hereunder or terms and conditions imposed pursuant thereto, the Director or council, as the case may be, or a person duly authorized by the Director or council, may order Report to Common Council April 16, 1999 (a) cessation of the development (b) alteration of such development so as to remove the contravention, or (c) the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development. 93(2) Subject to subsection (6), an order under subsection (1) shall (a) be in writing and signed by the person making it, (b) be served on the owner of the land, building or structure in respect of which the order is issued by personal delivery to him or by depositing the order in the mails in a prepared registered envelope addressed to the owner at his last known address, (c) state the grounds for requiring the actin specified in the order, and (d) state that the action specified in the order is to be taken within the period stated therein, such period being, in cases mentioned in paragraphs (1)(b) and (c) not less than fourteen days and not more than two months from the day the order is served or mailed. 93(3) The owner of property who is ordered to take action under this section shall comply with such order at his own expense. Page 2 At Council's meeting of November 21, 1994 Council appointed Mr. William Edwards, the Building Inspector, as "the person duly authorized" under Section 93. A similar motion was in place for the previous Building Inspectors. (see attached) The proposed amendment would change Section 93 (1) and add a new 93(1.1) "93 (1) Where a development is undertaken in contravention of this Act, a by -law or regulation hereunder or terms and conditions imposed pursuant thereby the development officer may order; (1.1) The Develoment Officer shall notify the Minister or the Council, as the case may be, of the issuance of an order under subsection (1)." Report to Common Council Page 3 April 16, 1999 The remaining subsections remain with only minor wording changes to match the changes in Section 93(l). The Act states that the Municipal Planning Director is the Development Officer. Jim Baird was appointed the Municipal Planning Director on May 29, 1995. At a recent meeting of planning directors from throughout the Province this specific change was of significant concern. The City, and others, are concerned that the role of the Building Inspector will be significantly decreased with respect to the enforcement of By -laws. Further additional unnecessary bureaucracy will be added to the enforcement process. It should be noted that this affects the enforcement of a number of by -laws, which are enacted under the Community Planning Act. The most significant are the Building By -law, the Zoning By -Iaw and the Flood Risk By -law. By -laws under the Municipalities Act, such as the Mobile Home Park By -law and the Minimum Standards By -law, are not effected. This would have the effect of "splitting" the enforcement of various by -laws between two civic departments. Council should note that the Building By -law is enacted under the authority of the Community Planning Act, while the appointment of the Building Inspector is under the authority of the Municipalities Act. The Building Inspector reports that in the last year there have been approximately 100 "orders" issued. Of these 75% were with respect to the Building By -law. While many of these orders are resolved at an early stage, there are a number of issues that proceed to court action. This would result in a difficult situation were the enforcement staff report to the Building Inspector but must utilize the Development Officer to issue orders. Further enforcement, (i.e. court action) would then become the responsibility of the Building Inspector whereas Council has designated the Building Inspector to proceed to the courts pursuant to Section 94 and 95 of the Act. In all likelihood the proposed changes to Section 93 would also require a Development Officer to attend court whereas he was the person to initially issue the order. Apart from the added bureaucracy this process would also add confusion to courts and the individual being charged with an offence under the Community Planning Act. As these amendments have not been proclaimed, it is recommended that Council request the Minister to not proclaim this specific section only. The other proposed amendments are more housekeeping in nature and will have no material effect on the City of Saint John. Input from Other Sources This proposed change has been reviewed with the Legal Department. The Legal Department advises that it is essentially a policy decision of Council as to whether Council prefers that the Building Inspector retain the authority to issue orders. Report to Common Council April 16, 1999 RECOMMENDATION: Page 4 That Common Council request that the Minister not proclaim the amendment to Section 93 of the Community Planning Act. f[clly submitted, Jim R. Baird, MCIP Manager, Community Planning William Edwards, P.Eng. Building Inspector PCIaud7eMacKinnon, P.Eng. Commissioner Environment & Devel ment Services Terrence Totten, C.A. City Manager JRB /mmf RESOLVED that the following resolution be adopted, "WHEREAS the Common Council of the City of Saint John has enacted certain by -laws under and pursuant to the authority of the Community Planning Act of New Brunswick, including the Zoning By- Law and Building By -Law: BE IT RESOLVED that the Building Inspector, or in his absence then the Deputy Building Inspector, be authorized to make those orders permitted under Section 93 of the Community Planning Act when he deems it necessary: AND BE IT FURTHER RESOLVED that the Building Inspector of the City of Saint John be authorized to make applications to the Court of Queen's Bench of New Brunswick or any judge thereof as provided in Section 94 of the Community Planning Act. ". COMMON COUNCIL ORDER NOVEMBER 10, 1997 19. Designation Of Building Inspector For Enforcement Proceedings Consideration was given to a report from the City Solicitor advising of the dismissal of an application to the Court of Queen's Bench respecting alleged violation of the City's Building and Zoning By -Laws on November 3 on the grounds that the resolution purporting to authorize the Building Inspector's proceeding was ineffective and, more particularly, the Court determined that the Council resolution of July 22, 1985 purporting to authorize the Building Inspector to make an application to the Court of Queen's Bench preceded the appointment of the current Building Inspector Mr. William Edwards to that position and consequently was inoperative; and submitting a resolution for Council's adoption as it is now necessary, in order to pursue the alleged violations in question, for Council to adopt a resolution which makes it clear that the current Building Inspector, Mr. William Edwards, is designated to initiate and proceed with the application. The report also submits resolutions in order for the Building Inspector to proceed with two other applications which have been filed and set for hearing by the Court of Queen's Bench in the next couple of weeks which were also affected by the decision in question, one being with the alleged illegal use of property at 2291 Loch Lomond Road and one with respect to the alleged illegal use of the Property at 407 -409 Prince Street, and a resolution to support the Building Inspector's continuing initiatives respecting enforcement of the Community Planning Act; and also advises that the subject of the general designation of the Building Inspector to make application to the Court of Queen's Bench with respect to violations of the Municipalities Act or the Community Planning Act, as well as the by -laws, order, terms and conditions thereunder, requires further thought and he would endeavour to return to Council within the next two to three weeks with an examination and recommendation concerning that subject. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the Building Inspector William Edwards is hereby designated and authorized to make an application to the Court of Queen's Bench of New Brunswick for an order which would require Gordon B. Defazio and Katherine E. Defazio to immediately cease using or permitting the use of the garagge which is located on their property at 2243 Loch Lomond Road (NBGIC Number 328187), Saint John, NB, for an automobile body repair shop and which would also require them to remove the two additions which were constructed without a building permit. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Arthurs RESOLVED that the Common Council of the City of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Brian F. Train and Artith Train to cease using or permitting the use of their property which is located at 2291 Loch Lomond Road (NBGIC Number 327395) for the sale of motor vehicles or for the display of motor vehicles for sale: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application. Question being taken, the motion was carried with Councillor Brown voting "nay ". On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the Common Council of the City Of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Lawrence Beverly Neal to cease using or permitting the use of the basement in his property which is located at 407 -409 Princess Street (NBGIC Number 329629) as a dwelling unit: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that whereas the Common Council of the City of Saint John has enacted certain by -laws, including the Zoning By -Law and the Building By- Law, pursuant to the authority of the Community Planning Act of New Brunswick: BE IT RESOLVED that the Building Inspector William Edwards, or in his absence the Deputy Building Inspector David Crawford, is hereby authorized to make those orders permitting under section 93 of the Community Planning Act whenever he deems it necessary for the enforcement of the Act or a by -law or regulation thereunder or terms or conditions imposed pursuant thereto. Question being taken, the motion was carried. �;.tE REPORT TO COMMON COUNCIL N1 &C99 -124 April 19, 1999 HER WORSHIP MAYOR SHIRLEY MCALARY AND MEMBERS OF COMMON COUNCIL YOUR WORSHIP AND COUNCILLORS: SUBJECT Business Park Incentive Funding Program BACKGROUND City of Saint John Council, at its meeting of March 8, 1999, gave consideration and approval to the Business Park Incentive Funding Program, as outlined in Appendix 2 in the Report attached hereto. The purpose of this program is to facilitate the development of a Business Park(s) within the City of Saint John. At the time of approving the incentive program, two potential developments were envisioned and funding support for these projects had been allocated in the 1999 Capital Budget. In the first application of the new incentive program, it became apparent that the text of the proposed program required some clarification on the eligibility of expenses. The purpose of this report is to put forth for Council's consideration, several text amendments to the Business Park Development Incentive Funding Program to ensure the program operates as envisioned. Report to Common Council April 19, 1999 Page 2 Proposed Amendments Paragraph B(1) of the approved Incentive Program requires clarification on eligible expenditures. It is proposed that the text be amended to read as follows: (Strikethrough indicates text to be deleted, highlighting indicates text to be added). B. Infrastructure Development Incentive 1. Eligible Expenditures Cost sharing pursuant to this program is provided in two portions to offset specific infrastructure costs incurred in developing the public right of way located in the Business Park. The first portion is a refund provided for the invoiced cost of underground piping materials (water, storm, sanitary) in the public right -of -way, ided - r sub- the c•• 4 Ay! . The Applicant must meet all terms and conditions of the subdivision bylaw, in order to qualify for funding. The second portion is provided to refund U!smsphatlt, the iiweised EM cost of concrete curbing, concrete sidewalk, landscaping) ^+^ ^1s in the ,bli tight of . #f th@ City. Th@ rest of ° do ,,,1 of is based on the increased assessment generated by new construction within the Business Park during the 36 months following approval of the application by Common Council, . The Applicant is required to provide documentary proof, satisfactory to the Chief City Engineer, of all eligible expenditures. Report to Common Council April 19, 1999 Page 3 will be based upon invoiced costs (where applicable) of as determined by the City's Chief Engineer. Paragraph B(2) also requires some clarification and should be amended as follows: 2. Calculation a: Same b: The total maximum funding to be provided M= is the lessor of: • -+ • roadway developmen including but not limited to + _ materials excavation concrete + concrete • street lighting granular rn a teri u1srattearmEoRml mg. I • or municipal services easement • 11 111 (five hundred thousand dollars) Input From Other Sources The Engineering and Planning Departments have reviewed the proposed text amendments and support the changes. The Manager of Saint John Industrial Parks Ltd. (as the program administrator) has reviewed the proposed text amendments and supports the changes. Financial Implications The proposed amendments will not impact the 1999 Capital Budget. The maximum available funding under the Infrastructure Development Incentive portion of the funding program is still capped at $500,000. Report to Common Council April 19, 1999 Page 4 RECOMMENDATION: Your City Manager recommends that Common Council amend Appendix 2 attached to the Report entitled "Business Park Development Incentives" adopted on March 8, 1999 by deleting paragraphs B(1) and B(2)(b) and substituting therefore: B. Infrastructure Development Incentive 1. Eligible Expenditures Cost sharing pursuant to this program is provided in two portions to offset specific infrastructure costs incurred in developing the public right -of.- -way located in the Business Park. The first portion is a refund provided for the invoiced cost of underground piping materials (water, storm, sanitary) in the public right -of -way. The Applicant must meet all terms and conditions of the Subdivision Bylaw, in order to qualify for funding. The second portion is provided to refund all or a portion of the roadway cost (i.e. excavation, asphalt, concrete curbing, concrete sidewalk, streetlighting and landscaping) based on the increased assessment generated by new construction within the Business Park during the 36 months following approval of the application by Common Council, subject to the maximum eligible funding. The Applicant is required to provide documentary proof, satisfactory to the Chief City Engineer, of all eligible expenditures. For grant purposes, eligible expenditures will be based upon invoiced costs (where applicable) or as determined by the City's Chief Engineer. Report to Common Council April 19, 1999 Page 5 2. Calculation b: The total maximum funding to be provided by way of this program, is the lessor of- i. The actual cost incurred for roadway development including but not limited to piping materials, excavation, asphalt, concrete sidewalk, concrete curbing, streetlighting, granular materials and landscaping, in the public right -of -way or municipal services easement; or ii. $500,000 (five hundred thousand dollars). Terrence Totten, City Manager J. Patrick woods, CGA /0z Deputy City Manager March 1, 1999 M &C99 -SO OPEN SESSION Mayor Shirley McAlary and Members of Common Council P.O. Box 1971 506 649 -6029 (Tel) Saint John 506 658 -2802 (Fax) New Brunswick pat.woods @city.saint- john.nb.ca Canada E21, 4L1 Your Worship and Members of Common Council: Subject: Business Park Development Incentives Background; City of Saint John The business parks land use designation in the Saint John Municipal Plan Update contemplates an area that would provide an appropriate environment for back office, research and high tech facilities, as well as call centers and technical support operations. Visual attractiveness, consistent image and a campus like setting are considered to be key aspects of a business park that distinguish it from the traditional industrial park_ The Saint John Industrial Infrastructure Needs and Market Potential Study authored by Fiander -Good Associates Ltd. (FGA) in June 1996 identified the lack of a business park as "the major element missing in Saint John's industrial infrastructure." The report also noted that the existing industrial parks are not capable of meeting the diverse location requirements of prospective target industries seeking a business park setting. In December 1996, Common Council accepted the recommendations in the report as the basis for future action. The report cited various attributes of a modern business park sought after by image sensitive businesses most notably highway access, an aesthetically appealing environment, good access to the labour force, as well as proximity to support facilities, services and amenities. The City of Fredericton has opened a Business/Tech Park and the City of Moncton has initiated a similar development. Early in 1998, Enterprise Saint John created a Business Park Development Task Force in response to the FGA study. The objective of the task force was to identify potential business park sites in Greater Saint John and to identify existing or potential financial incentives from government funding sources. Comprised of representatives of both government and the private sector, the task force evaluated over twenty sites. With the assistance of a site selection consultant, the task force identified four locations in particular in Greater Saint John that offered the greatest potential for development as business parks. The task force also concluded that while each of the four identified sites had its particular advantages and features, no one site could fully satisfy the varied requirements of potential park tenants. The task force report concluded with four site specific recommendations and five policy recommendations (Appendix 1) intended to promote the timely development of one or more business parks in the Greater Saint John area and to encourage public funding in support of such developments. Council referred the task force report to the City Manager for review and comment. Analysis The task force recommendations are relatively straightforward. While each of the recommendations in the task force report is significant, taken as a whole, the key issue to be addressed by the City in response to the report is what, if any, municipal financial incentives are warranted to encourage development of a business park(s). The Mark Drive and Millidgeville sites are the primary concerns at this time; however, any new funding policy would have equal application to future business park developments. An overview of the recommended business park locations is followed by an analysis of the issues arising in relation to offering business park development incentives. Site Summary; Three sites located in the City of Saint John were identified as having the characteristics essential for business park development. • the Carvell site located in west Saint John near the Rte 7 exit, • the Mark Drive site located to the south and east of McAllister Place and • the Millidgeville site located adjacent to Somerset Street. The Carvell site is lacking in nearby amenities and there is no immediate private sector interest in development. In practical terms, the Millidgeville and Mark Drive sites identified in the task force report offer the greatest potential for immediate development as business parks in the City of Saint John. Both have the desired characteristics (location, access, amenities etc.) and equally the owners are interested in pursuing development of their respective sites. Each location also has its attendant strengths; while the Mark Drive site will tend to attract more consumer focused uses, the Millidgeville site will be more appealing to office type uses. 2 Identifv Fundine Incentives: The task force report states that the success of business park developments will depend on the level of support and commitment at all levels of government and recommends that the three levels of government identify ways to assist developers and to identify funding incentives. The report explicitly recommends immediate construction of the Mark Drive realignment and appropriate infrastructure assistance in the case of the Millidgeville location. The underlying assumption is that a park has to be sufficiently developed in order to entice new or expanding businesses to establish there and the up -front infrastructure development costs can be prohibitive for a private park developer. The City currently provides funding to developers (HIP, Subdivision) to encourage new residential investment and a consequent increase in the tax base. In both cases, funding is only available after the developer's investment takes place. There is however, no specific municipal funding program available to support the development of a business park. Funding from the City of Saint John in support of business park development is clearly warranted. The need for a business park(s) has been documented by FGA as part of an infrastructure needs analysis. The Enterprise Saint John task force subsequently identified locations suitable for development as business parks. The identified sites in Millidgeville and Mark Drive meet established location criteria, are consistent with City planning policies and, the community stands to benefit from both an increased tax base and the potential for new employment. Additionally, development initiatives are being pursued at each site, by the private sector, based on market potential. What type of public ,funding incentive is appropriate? The task force report suggests that any municipal and provincial funding incentives should be targeted at infrastructure development needs of the business parks. The task force also suggests that site - specific funding incentives would allow the City to address the unique needs of each site (acquisition, infrastructure, road development etc.). In this context, funding would be provided for installation of water, sewerage and storm lines and/or construction of roadways, curbs and sidewalks in the public right of way. Staff support this approach as it avoids outright grant funding to private sector interests and instead assures that any City investment is in the public right of way and will vest to the benefit of the entire community. The owners of both the Millidgeville and Mark Drive locations are also supportive of this approach as it helps to reduce the initial capital outlay required for developing their respective sites. On what basis should &nding be provided? By definition, incentive funding must be tied to the results desired and achieved. The City requires development ready business park sites in order to attract new businesses and allow for the retention and expansion of existing businesses. From the City's perspective, funding incentives for business park development should be targeted at encouraging timely and orderly development of high quality business park locations. Relating the level of funding available directly to the infrastructure development costs actually incurred and to the consequent increase in the tax base will ensure a value for money approach when funding such developments. The City currently has certain residential development incentive programs in place. The Housing Incentive Program offers grants equal to 8% of the increased assessment of a property for the construction of new residential units and the Subdivision program offers funding equivalent to the cost of piping materials installed in new subdivisions. The annual City share of property tax levies is approximately 2.6% of the assessed value of non - residential property and 1.7% on residential properties. Business Park Development Incentives Appendix 2 sets out the terms and conditions of a Business Park Development Incentive Program that responds to needs and issues addressed above: The program offers two alternative funding mechanisms designed to encourage the development of high quality, development ready business parks_ Staff have concluded that both funding approaches have merit and that rather than adopting one particular funding mechanism, it would be preferable for the City to have some latitude when considering funding incentives given the peculiar requirements of potential park sites. Infrastructure Development Incentive While a host of various funding methods could be developed, a variation of the existing residential incentive programs offers an effective model. Similar to the sub- division program, the initial Business Park development incentive would be based on refunding the invoiced purchase price for certain piping materials installed for underground services (water, storm, sanitary). A supplementary development incentive would then be available to offset other road development costs (asphalt, curbing, sidewalk etc.). This portion of the development incentive would be tied to the resulting increase in the tax base from new construction in the Park during the ensuing 36 months. Payments to the developer would be made in installments based on the expenditures incurred and the extent of development realized within the park. Setting the development incentive at 7.5% of increased assessment would equate to a 3 -year payback on the City investment. 4 Equally appropriate is a specific dollar cap on the total funding available from the City as the intent of the program is to facilitate development of business parks but not to provide a windfall to prospective park developers. Staff suggests an overall limit equal to the lessor of actual costs or $500,000 is appropriate. The initial refund would provide some immediate financial relief to the developer while the supplementary development incentive would provide a reward for the developer to actively promote development within the park. This approach offers the advantage of objectively basing the initial City contribution on actual costs incurred and ensuring that no public funding is provided unless the private developer has made a concurrent investment in the site. The funding formula would ensure that there is real market interest in the proposed location and that the developer will actively pursue on site development. In addition, park tenants would ultimately benefit from the reduced capital financing costs of the developer. Roadway Financing Incentive The second approach anticipates the City financing of specific components of road development costs and seeking to recover the developer's share of costs, net of subdivision fundine, on a lot frontage basis. Instead of incentive funding to assist the developer, the City's contribution would amount to the financing costs of the approved roadway components until equivalent frontage fees are fully recovered. This approach is suitable in situations where the business park roadway traverses property with multiple owners and is intended to serve as a public street as well as providing access to the park. It offers the advantage of minimizing the initial investment of the adjacent property owners and ensuring rapid development of a serviced public right of way in the proposed Business Park location. The property owners would still contribute to development costs through development (frontage) fees, however, the sites would be essentially development ready and their share of costs would be known with certainty. The drawbacks to this model are twofold in that the ultimate City financing costs are not certain at the outset, as recoveries will only be made when lot development proceeds and the developer assumes minimal up -front costs. In either instance, in order to qualify for funding, staff suggest that the following conditions apply; An independent analysis using established criteria must support the proposed location as a business park • The site must be zoned business park 5 • Lands for the public right of way must be vested with the City. All work must be done according to established City standards as determined by the Chief City Engineer. • Approval of Business Park Funding must preclude access to other development incentive programs (Subdivision, HIP) for the same development • Funding must be based on costs incurred for road infrastructure, subject to audit. Clearly, each model has its attendant advantages and disadvantages. Both methods offer some level of certainty as to the amount and timing of financing to be made available to potential developers. While the development incentive reduces the developer's up front costs and no development is likely until there is clear market potential, the financing incentive minimizes the developers' initial investment but better ensures the timely availability of development ready sites. Summary The need for high quality Business Parks in the City of Saint John has been established to support the City's economic development initiatives and to meet the needs of image sensitive businesses seeking to expand in or relocate to our community. The Municipal Plan includes a Business Park land use designation, though only one site has been zoned accordingly. An evaluation of potential locations identified three sites within the City boundaries that offer the requisite transportation access, aesthetically appealing environment and proximity to services and amenities. One site (Carvell) has long -term potential, while two other sites (Millidgeville, Mark Drive) offer immediate opportunities for development as business parks. The Business Park Development Task Force cited a requirement for financial assistance to help defray the infrastructure development costs of the identified park sites and to expedite development of business parks in the community. A flexible funding mechanism that responds to the site - specific development requirements of both the identified and future business park locations is proposed. Providing funding to offset infrastructure costs in the public right of way avoids outright grants to third parties and ensures that the public investment will benefit the entire community. Linking incentive funding to increases in property tax assessment will create an incentive for timely development in established park sites. Alternatively, financing the development of a fully serviced roadway in a business park location would serve to expedite the availability of development ready sites. 0 Development ready Business Parks will offer expansion and relocation opportunities to new and existing businesses, encourage tax base growth through new construction and support the job creation efforts of our economic development agencies. Input from Other Sources Input was received from the Commissioner of Finance, City Solicitor, Manager Community Planning, Engineering Services and General Manager Industrial Parks. The City Solicitor has advised that an amendment to the Subdivision Bylaw will be required to explicitly provide for the refund of piping material costs as proposed in the Business Park Incentive Program. Staff concur and will undertake to identify the required change(s). Recommendations That Common Council endorse the development of one or more Business Parks in the City of Saint John as contemplated in the Municipal Plan, and That the general location criteria set out in the Saint John Industrial Infrastructure Needs and Market Potential Study be used as the basis for the evaluation of potential Business Park locations, and That Common Council approve the creation of a Business Park Incentive Funding Program as per the terms and conditions set out in Appendix 2, and That Common Council direct staff to prepare the necessary amendment(s) to the Subdivision Bylaw, and That based on the recommendations of the Enterprise Saint John Business Park Development Task Force contained in the Identification of Sites for Future Business Park Developments in Greater Saint John report that the City of Saint John support the timely development of the Millidgeville and Mark Drive sites as Business Parks, That Common Council allocate $500,000 in the 1999 capital budget to fund the Infrastructure Development Incentive component of the Business Park Incentive Program, That Common Council allocate $1,500,000 in the 1999 ca ital budget to fund the Roadway Construction component of the Business Park Incive Progran)o Res fully mitted, / \IA't J. atrick Woods CGA Terrence L. Totten CA Deputy City Manager City Manager 7 APPENDIX I A. Sm- SPECIFIC RECOMMENDATIONS I. CARVELL SITE: Encourage Saint John Industrial Parks Ltd. or the City of Saint John to negotiate with the landowners to acquire the land and the Province to secure funding for land acquisition and infrastructure development. 2. MARK DRIVE: Recommend the City of Saint John immediately begin construction of the road realignment to encourage business development adjacent land. 3. NIILLIDGEVHJM Request the City of Saint John and the Province to support the development of the identified Millidgeville sites with appropriate infrastructure assistance. 4. QUISPAMSIS -ROT MAY: Encourage the municipalities of Rothesay and Quispamsis to proceed with the promotion and development of land for business purposes, and the construction of necessary service infrastructure and the enactment of by -laws to ensure orderly and aesthetically pleasing business development. B. POLICY RECOMMENDATIONS 1. Encourage all municipalities in Greater Saint John to proceed with a review of their municipal plans and related by -laws in a coordinated and cooperative manner. The economic growth of the Greater Saint John region will be based on the ability to form a common vision for the future and a complementary Oplanning focus. A cooperative planning effort will assist economic development agencies to identify and promote development in all municipalities. 2. Urge all municipalities to take immediate action to foster and promote the concept of business parks and adopt appropriate zoning designations. The City of Saint John has taken steps to facilitate development by creating a "Business Park" zoning designation. The concept should be adopted by all municipalities. 3. Urge the Province of New Brunswick to introduce incentives for development of land for business purposes that address the needs of developers. In particular, incentives should be considered to assist developers who are considering development proposals that do not have sufficient long -term commitment from lessees to financially justify the project. Appendix I — Page 1 4. Facilitate and encourage joint discussions with developers, municipalities, and provincial and federal funding agencies to identify ways. to assist developers and to identify funding incentives. The success of business park developments for the Greater Saint John area will ultimately depend on the level of support and commitment at all levels of government, as well as the investment of the private sector. 5. Recommend to the City of Saint John that the transportation study, currently in progress, give explicit consideration to the transportation requirements of the recommended sites. Appendix I — Page 2 APPENDIX 2 BUSINESS PARK DEVELOPMENT INCENTIVES A. Program Guidelines 1. WHO IS ELIGIBLE The Business Park Incentive Program is available to Applicants who own, or are considering purchasing, a property for development as a Business Park within the City of Saint John. Applicants are permitted to apply for funding support pursuant to only one of either the Infrastructure Development Incentive Program or the Infrastructure Financing Incentive Program. 2. DEVELOPMENT ELIGIBILITY I. Location — The proposed business park location must be entirely situated within the City of Saint John. II. Size — The proposed business park location must have a minimum of 30 acres available for development. Ill. Evaluation - An independent analysis, by a qualified consultant, using industry recognised location and market criteria must recommend the site as a suitable location for development as a Business Park. IV. Zoning — The proposed location must be zoned "Business Park" V. Compliance — The development must comply with the requirements of all - applicable statutes and bylaws. (Community Planning Act, Subdivision Bylaw, Zoning Bylaw etc.) VI. Conveyance - The public right of way and municipal service easement must be vested to the City. The following are not eligible: • Single or individual lots 0 Development costs incurred prior to grant approval c Building or lot improvements not within the public right of way. Business Park Development Incentive Program 3. CONSTRUCTION a) No construction of infrastructure components eligible for reimbursement can be undertaken prior to approval of the application. b) The Applicant(s) must obtain all necessary permit approvals prior to starting construction. c) Development of the Business Park must start and a subdivision agreement must be concluded with the Applicant within six (6) months of the date of approval of the grant by Common Council. d) The applicant must complete construction of the roadway and all related infrastructure within twenty -four (24) months of the date of the subdivision agreement. 4. DESIGN CRITERIA a) Business Park and roadway designs must comply with the City's general specifications and all bylaws respecting the development of Business Parks and public streets. b) Conditions imposed on a project by other approving agencies such as the Planning Advisory Committee will apply to projects receiving funding. Applicants should contact the Planning Department to determine if any of the above approvals are necessary. 5. MAKING APPLICATION a) Applicants must use the application form provided. b) If the Applicant is not the owner, a written consent, or copy of a purchase and sale agreement containing consent, to apply must accompany the application. JPW Page 2 03/05/99 Business Park Development Incentive Program c) The following information must be included with the application: I. A copy of the current Real Property Tax Assessment; 11. A site plan containing information on the park location, location of proposed municipal services, driveways, landscaping, sidewalks and fences, etc.; d) Completed applications will be submitted to the Manager, Industrial Parks, 9 1tn Floor, City Hall. e) Applications will be reviewed for conformity with the Guidelines. The Applicant will be advised of any changes, which the review process indicates, are necessary. f) All applications will be forwarded to Common Council after the review process is completed, the market and location analysis has been submitted and the applicant has received any necessary approvals from agencies such as the Planning Advisory Committee. g) The Applicant will be required to enter into an agreement with the City of Saint John. The agreement will provide for the Applicant to ensure compliance with the terms and conditions of the incentive program. h) Common Council's approval of a grant will expire should the Applicant not enter into the required agreement and commence construction within six (6) months of Common Council's approval and commence construction within six (6) months of the agreement's execution. 6. LIMITATIONS The amount of incentive funding available in any calendar year is limited to the amount set out in the annual capital budget of the City of Saint John as determined by Common Council. Common Council may at its sole discretion determine if there are any overriding factors which would disqualify any proposed location from consideration for development as a business park. J PW Page 3 03/05/99 Business Park Development Incentive-PMqram z MORE INFORMATION The Department of Environment and Development Services administers the Business Parks Incentive Program and co- ordinates the processing of applications, funding claims and recoveries. For more information please contact; Mr. Dan LeBlanc, Manager Industrial Parks City of Saint John City Hall — 1 1 th Floor P. 0. Box 1971, Saint John, N.B. E21- 41-1 Telephone: (506) 649 -6070 Fax: (506) 658 -4410 JPW Page 4 03/05/99 Business Park Development Incentive Program B. Infrastructure Development Incentive 1. ELIGIBLE EXPENDITURES Cost sharing pursuant to this program is provided in two portions to offset specific infrastructure costs incurred in developing the public right of way located in the Business Park. The first portion is a refund provided for the invoiced cost of underground piping materials (water, storm, sanitary) in the public right of way as is provided for residential subdivisions in the Subdivision Bylaw. The Applicant must meet all terms and conditions of the Subdivision Bylaw in order to qualify for funding. The second portion is provided to refund the invoiced cost of asphalt, concrete curbing, concrete sidewalk and landscaping materials in the public right of way(s) or municipal services easement located in the Business Park. Compensation will be based on prices normally charged to the City. The costs of excavation and installation of materials are not eligible. The amount of the cost sharing is based on the increased assessment generated by new construction within the Business Park during the 36 months following approval of the application by Common Council. The Applicant is required to provide documentary proof, satisfactory to the Chief City Engineer, of all eligible expenditures. 2. CALCULATION a) The amount of the cost sharing available is: I. reimbursement for the invoiced cost of underground piping materials a ui� valent to the amount provided pursuant to the provisions of the Subdivision Bylaw and, II. a supplementary amount equal to up to 7.5% of the difference between the assessed value of the property before development and the assessed value of the property no later than 36 months from the date the grant application is approved by Common Council, JPW Page 5 03/05/99 Business Park Development Incentive Program b) The total maximum funding to be provided is the lesser of; The actual cost incurred for materials for piping, asphalt, sidewalk, curbing and landscaping in the public right of way or, II. $500,000 G) The Applicant is required to provide proof of the current assessed value at the time of making application. d) The assessed value of existing buildings (if any) will be included in the calculation of grants for projects that include conversion, renovation or demolition of buildings. e) Assessed value means the value assessed by the Province of New Brunswick for property taxation purposes. Only the assessed non - residential portion of the buildings and properties will be used for calculation of the grants. f) Park developments undertaken in phases will be considered as a single development for purposes of the grant calculation. The maximum set out in (b) will apply to the total development and not to the individual phases. g) All claims for funding submitted by the Applicant are subject to audit by the City of Saint John. 3. PA YMENTS a) Payments will be made in instalments. b) The first instalment, to reimburse the cost of underground piping materials will be paid within 45 days of the Development Officer's approval of the subdivision plan as per 26(3) of the Subdivision By -law. c) The second instalment will be paid upon the later of the following: i) Completion of the development phase in accordance with the subdivision agreement applicable to the project including curbing, sidewalks, landscaping and any other items imposed by other agencies and forming part of the approval and, JPW Page 6 03/05/99 Business Park Development Incentive Program ii) The receipt of a certificate(s) of assessment for all lands and buildings located within the Business Park. In the event an assessment is appealed, receipt of the decision on the appeal. d) The second instalment will be 7.5% of the difference between the assessed value of the lands and buildings within the Business Park before development and the assessed value of the lands and buildings within the Business Park in the year following the approval of the grant application less, any amount paid as subdivision cost sharing {per 2 (a)(i). e) The third and any subsequent instalments will be equal to; 7.5% of the difference between the assessed value of the lands and buildings within the Business Park before development and the assessed value of the lands and buildings in the Business Park within 36 months of the approval of the grant application by Common Council less, II. the amount of all previous instalments, less any amount paid for subdivision cost sharing. f) The total amount of the instalments paid can not exceed the lessor of the actual eligible costs incurred or $500,000. g) No instalment will be paid unless and until the eligibility criteria of the Business Park Incentive Program and any requirements imposed pursuant to the Community Planning Act, Zoning Bylaw and Subdivision Bylaw have been fulfilled by the Applicant to the satisfaction of the City. ,IPW Page 7 03/05/99 Business Park Development Incentive Program C. Infrastructure Financing Incentive Infrastructure Financing may be provided to applicants as a means of ensuring the timely development of specified infrastructure components in a public right of way traversing a Business Park. Assistance will be provided in the form of temporary financing of the capital cost of extending the Council approved infrastructure component(s). The City will recover the cost(s) incurred in the form of lot frontage fees as and when development activity proceeds. 1. DEVELOPMENT ELIGIBILITY If, in the opinion of Common Council, the development of the public right of way located in a Business Park will permit the timely development of adjacent lands, Council may approve the provision of infrastructure financing for specified components as an alternative to the Infrastructure Cost Sharing Incentive as outlined in Section B. Applications will be considered from individuals and companies who own property abutting an existing or proposed public right of way located in a Business Park. The financing incentive is available only in those instances where all the abutting property owners make application. 2. COSTS ELIGIBLE FOR FINANCING a) Council may approve specific infrastructure components for financing assistance, including any of the following; • water, sanitary sewer, storm sewer, concrete curb, concrete sidewalk, landscaping, and street lighting. b) Costs, must be as determined in a public tender awarded by the City of Saint John for the specified infrastructure component(s), and may include; • Expenditures for excavation, installation and materials JPW Page 8 03/05199 Business Park Development Incentive Program c) ineligible costs include all of the following, in whole or in part; I. Expenditures for Installation, excavation and materials outside the public right of way or municipal services easement IL Land acquisition costs including legal and survey fees III. Engineering design and inspection fees IV. Consulting fees incurred by the applicant(s) 3. CALCULATION OF REPAYMENT AMOUNT (frontage fee) The applicant(s) will be required to repay a proportionate share of the eligible costs of the approved infrastructure components less the cost of the underground piping materials as is provided for residential subdivisions pursuant to the Subdivision Bylaw. The repayment amount will be calculated as a frontage fee, equal to the pro -rated portion of the eligible infrastructure costs determined, as follows; a Frontage fee($ /m) =To ai eligible costs less subdivision cost sharing-* Total lot frontage (metres) abutting proposed right of way equivalent to pipe material cost sharing set out in the Subdivision Bylaw 4. AGREEMENT Each of the applicant(s) must enter into a Section 39 agreement pursuant to the Community Planning Act to repay the pro -rated portion of the eligible costs (frontage fee), in full, at the earlier of; I. Subdivision of the lot II. Building Permit application on any portion of an abutting lot III. Sale of the lot /development IV. 10 years after approval of the application by Common Council The frontage fee will constitute an outstanding lien against the property until such time as it is repaid. JPW Page 9 03/05/99 TO Finance Department OPEN SESSION M & C - 99 -127 April 16, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: Subject: CAPITAL FINANCING P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 City of Saint John The attached Notice of Motion has been prepared as a first step in the permanent financing of certain Capital Projects. The purpose of the issue is summarized on the attached schedule. The giving of this Notice of Motion does not commit the City to any further action. It does, however, place the City in a position to take action after the expiry of 30 days at such time as bond market conditions and opportunities permit. At this stage, it is not necessary to set limits with respect to the coupon rate or the terms for which bonds are to be issued. These will be established at a later date and will be related to the market conditions at that time. Respectfully submitted, Terrence L. Totten, CA City Manager Encls. Corp. Svcs. NOTICE OF MOTION Her Worship the Mayor gave the following Notice of Motion . " I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution: namely, RESOLVED that occasion having arisen in the public interest of the following Public Civic Works and needed Civic Improvements, that is to say: (Details to be read from "Purposes of the Issue'rj. THEREFORE RESOLVED that debenture be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $16,480,000. The City of Saint John Proposed Issue of Debentures To Be Dated On or After May 19, 1999 Purpose of Issue GENERAL FUND General Government Protective Services Transportation Services Environmental Health Environmental Development Recreation and Culture WATER & SEWERAGE UTILITY Water System Sewer System Public Transit Saint John Energy $ $ 2,037,000 566,000 2,325,000 717,000 2,873,000 162,000 $ 8,680,000 3,748,000 2,282,000 6,030,000 764,000 1,006,000 _ $ 16,480,000 Legal Department John L. Nugent P.O. Box 1971 OX City Solicitor Saint John New Brunswick Canada E2L 4L1 April 15, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council City Hall Saint John, NB Your Worship and Councillors: Tel.: 506 658 -2860 Fax: 506 658 -2802 :1 City of Saint John Re: Amendment to By -Law providing for salaries to members of Common Council On April 12, 1999 Council gave first and second reading to an amendment to the above -noted by -law, which would increase from $25.00 to $125.00 per day the amount paid to a member of Council when absent from the City on civic business. Attached is the aforementioned amendment. Third reading is in order if Council so wishes. Respectfully submitted, Jo L. Nugent City Solicitor VUII Attachment BY -LAW NUMBER M -113 -1 A BY -LAW TO AMEND A BY -LAW TO PROVIDE FOR SALARIES TO THE MEMBERS OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN nnrnrrrnn�+ r��rnn�nnrrrrrrrrnrnunnurrrnnnnnrrn�rr��+ rmm��rrnnr�nnnrrrrrrnnnnrrnnnnrrnnnnrnum Be it enacted by the Common Council of The City of Saint John, as follows:- A By -Law To Provide For Salaries To The Members Of The Common Council of The City of Saint John, enacted on January 3, 1989, is amended as follows: Subsection 4(1) is amended by deleting "twenty -five dollars ($25.00)" and substituting 'one hundred and twenty -five dollars ($125.00) ". 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 nineteenth day of April A.D. 1999 and signed by: /ayor, e mem r of Cou cil w o pre d at the meeting at which it was enacted; and Common Clerk First Reading - April 12, 1999 Second Reading - April 12, 1999 Third Reading - April 19, 1999 IV, BY -LAW NUMBER M -113 -1 A BY -LAW TO AMEND A BY -LAW TO PROVIDE FOR SALARIES TO THE MEMBERS OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John, as follows: A By -Law To Provide For Salaries To The Members Of The Common Council of The City of Saint John, enacted on January 3, 1989, is amended as follows: 1. Subsection 4(1) is amended by deleting "twenty -five dollars ($25.00)" and substituting "one hundred and twenty -five dollars ($125.00) ". IN WITNESS WHEREOF the City of Saint John has caused the Common Corporate Seal of the City to be affixed to this By -Law the day of April, A. D. 1999, and signed by: Mayor, the member of the Council who presided at the meeting at which it was enacted; and Common Clerk First Reading: April 12, 1999 Second Reading: April 12, 1999 Third Reading: Office of the Mary L. Munford Common Clerk Common Clerk P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 iE City of Saint John April 16, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council City of Saint John Your Worship and Councillors: At a Legal Session of the Common Council, held on April 6, 1999, the following resolution was adopted, namely: "RESOLVED that the City Solicitor or his designate is hereby authorized to prepare and proceed with the City's response to the complaint of Keith Langford, which complaint has been referred to the Board of Inquiry under the New Brunswick Human Rights Act." Yours truly, r� Mary L. Munford Common Clerk ��a City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: COMMON CLERK Contact: MARY L. MUNFORD Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTG —Saint John Times Globe; T -J= Telegraph Journal) - SJTG City Information Ad SJTG Independent Placement '"SJTG Classifieds " T-J Independent Placement T-J Classifieds Date(s): Tuesday, June 29, 1999 Date(s): Date(s): Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ Tender(s) ❑ Proposal(s) ./ Public Notice(s) n Mayor's Messa -ae I-1 General Notice(s) Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford, Common Clerk Contact: Telephone: (506) 658 -2862 11. A Law To Amend The Municipal Plan By -law (amending Section 3.4.1 of the Millidgeville Secondary Plan re 177 -187 Manners Sutton Road) 12. By -law Number C.P. 100 -503 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 177 -187 Manners Sutton Road) 13. By -law Number C.P. 100 -504 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 111 -113 McAllister Drive) June 15, 1999 June 15, 1999 June 15, 1999 Office of the Common Clerk May 28, 1999 Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Saint John New Brunswick Canada E21, 4L1 Cedar Point Estate Ltd. P.O. Box 4486 Rothesay, N.B. E2E 5X2 Dear Sirs: Re: 556 Woodward Avenue City of Saint John Enclosed is a copy of an amendment to the Zoning By -law of the City of Saint John with respect to the above property. Pursuant to the provisions of the Community Planning Act, the By -law was filed in the Registry Office on May 12, 1999 and became effective on that date. Yours truly, I &k.J[. Mary L. Munford Common Clerk MLMljaf encl. cc: Jim Baird, Manager, Community Planning William Edwards, Building Inspector (Section 39 Resolution) PENDING REZONING AND SECTION 39 RESOLUTION PROPERTY LOCATION: - CP 100 -495 556 Woodward Avenue SUBJECT: Amend Zoning By -Law and Section 39 Resolution REGISTRY OFFICE: - * *certify 2 copies of Rezoning By -law Amendment - letter size - attach "A" (signed copy of By -law) - attach the street map (which is part of the By -law - * *attach "B" the resolution from Council - single spacing - * *certify 2 copies of the Section 39 Resolution - legal size, incl. owner's name - * *attach "A" (resolution from Council) - single spacing ** margins for these documents only - 2" top margin, 1.5" side margins Legal Department will file the By -law, returning 1 copy to Common Clerk's Office and Register the Resolution, returning 1 copy to Common Clerk's Office COPIES TO JOHN NUGENT: - April 29, 1999 Copy to - - Applicant - copy of By -law and all attachments - cc: J. Baird - copy of By -law and all attachments - cc: W. Edwards copy of Resolution and attachment BY -LAW NUMBER C.P. 100 -495 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 fourteenth day of November, A.D. 1983, is amended by: Amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning an area of land located at 556 Woodward Avenue, having an area of approximately 1.5 hectares (3.6 acres) (NBGIC Number 55050819 and a portion of Number 55101729), from "RSS" One Family Serviced Suburban Residential to "R -1A" One Family Residential classification, pursuant to a resolution adopted by the 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 nineteenth day of April A.D. 1999 and signed by: ayor, the me er of C uncil who pr sided at the meeting at which it was enacted; and Now, I - - � First Reading - April 12, 1999 Second Reading - April 12, 1999 Third Reading - April 19, 1999 COMMUNITY PLANNING REZONING AMENDING MAP SHEETS 102 & 112 SCHEDULE "A" OF THE ZONING BY -LAW OF THE CITY OF SAINT JOHN FROM TO RSS One Family Serviced Suburban Residential 1;- R -1A One Family Residential Pursuant to a Resolution Under Section 39 of the Community Planning Act Applicant: Cedar Point Estates Limited I Date Drn.: April 14, 1999 Location: 556 Woodward Avenue Drn. Bv: T. Duke Recommended by P.A.C.: April 7, 1999 File No.: 07N-60SE Enacted by Council: 55050819 Filed in Registry Office: 55101729 {part of) Office of the Mary L. Munford Common CIerk Common Clerk April 29,1999 Cedar Point Estates Ltd. P.O. Box 4486 Rothesay, NB E2E 5X2 Dear Sir: P.O. Box 1971 506 658 -2862 Saint john New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on the 19th instant, the following resolution was adopted, namely:- City of Saint John "RESOLVED that the by -law entitled, "By -law Number C.P. 100 -495 A Law To Amend The Zoning By -law Of The City Of Saint John ", insofar as it concerns re- zoning an area of land located at 556 Woodward Avenue, having an area of approximately 1.5 hectares (3.6 acres) (NBGIC Number 55050819 and a portion of Number 55101729) from "RSS" One Family Serviced Suburban Residential to "R -1A" One Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re- zoning be subject to the following conditions: (a) the driveway of Lot 7 to be constructed and maintained in accordance with a site plan approved by the Chief City Engineer; (b) minimum front and side yards for Lots 1 and 2 of 10 metres (35 feet) and 4.5 metres (15 feet) respectively; and (c) the development of the subject lands is limited to a maximum of twelve (12) residential lots." Pursuant to the Community Planning Act, the said by -law will not become effective until it is filed in the Registry Office. You will be notified when this procedure has been carried out. Should the property be used contrary to the provisions of the above resolution, Council may adopt a motion whereby the property would revert to the original zoning. Yours truly, Mary L.`f�llunford Common Clerk MLM:sc a3 DRAFT BY -LAW NUMBER C.P. 100 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 fourteenth day of November, A.D. 1983, is amended by: Amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning an area of land located at 556 Woodward Avenue, having an area of approximately 1.5 hectares (3.6 acres) (NBGIC Number 55050819 and a portion of Number 55101729), from "RSS" One Family Serviced Suburban Residential to "R -1A" One Family Residential classification, pursuant to a resolution adopted by the 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. 1999 and signed by: *, the member of Council who presided at the meeting at which it was enacted; and Common Clerk First Reading - April 12, 1999 Second Reading - April 12, 1999 Third Reading - {G ) PROPOSED ZONING BY -LAW AMENDMENTS t 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 on Monday, April 12, 1999 at 7:00 p.m., by: A. RE: 333 -335 MAIN STREET Rezoning a parcel of land located at 333 -335 Main Street, having an area of approximately 640 square metres (6,888 square feet), also identified as being NBGIC #370536 and 55062608, from "BR" Business Residential to "B -2" General Business. REASON FOR CHANGE: To allow for a greater variety of commercial businesses; including a second -hand store and a used furniture store in the former Hoffman's building. B. RE: 556 WOODWARD AVENUE Rezoning an area of land located at 556 Woodward Avenue, having an area of approximately 1.5 hectares (3.6 acres), also identified as being NBGIC #55050819 and a portion of #55101729, from "RSS" One Family Serviced Suburban Residential to "R -1A" One Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To carryout a new phase of Cedar Point Estates Subdivision with fully serviced lots ranging in area from 656 square metres (7,061 square feet) to 1850 square metres (19,914 square feet) for the development of one - family dwellings. C. RE: 101 BOARS HEAD ROAD Rezoning an area of land located at 101 Boars Head Road, having an area of approximately 4500 square metres (48,439 square feet), also identified as being a portion of NBGIC #55089940, from "R-113" One Family Residential to "R -2" One and Two Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the construction of one and two- family The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of the Planning Department, City Hal[, 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. PROPOSED ZONING BY -LAW AMENDMENTS 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 on Monday, April 12, 1999 at 7:00 p.m., by: 1B. RE: 556 'WOODWARD AWI Rezoning an area of land located at 556 Woodward Avenue, having an area of approximately 1.5 hectares (3.6 acres), also identified as being NBGIC #55050819 and a portion of #55101729, from "RSS" One Family Serviced Suburban Residential to "R -1A" One Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To carryout a new phase of Cedar Point Estates Subdivision with fully serviced lots ranging in area from 656 square metres (7,061 square feet) to 1850 square metres (19,914 square feet) for the development of one - family dwellings. dr__ City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: Common Clerk's Office Contact: Mary Munford Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (ETG = Evening Times Globe; T -J = Telegraph Journal) X ETG City Information AD Date(s): Tuesday, March 16, 1999 Tuesday, April 6, 1999 173 ETG Independent Placement Date(s): 0 ETG Classifieds Date(s): 7 T -J Independent Placement Date(s): T -J Classifieds Date(s): INFORMATION FOR AD (Boldface anything you want Bold in Ad) Section Headline. 0 Tender(s) 0 Proposals(s) X Public Notice(s) 0 Mayor's Message 0 General Notice(s) Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford Common Clerk Contact: I Telephone: (506) 658 -2862 7o office of the Mary L. Munford R0. Sox 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 March 11, 1999 Cedar Point Estate Ltd. P.O. Box4486 Rothesay, NB E2E 5X2 Dear Sirs: At a meeting of the Common Council, held on the 8th instant, the following resolution was adopted, namely:- " RESOLVED that the application of Cedar Point Estates Ltd. for the re- zoning of property on Woodward Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, April 12, 1999, at 7:00 o'clock p.m.' Enclosed is a copy of the Public Notice in this regard. Yours truly, Vunford Mary L. Common Clerk MLM:sc Enc City of Saint John OPEN SESSION M &C -99 -78 March 5, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning of City Property Former Cedar Point Road ANALYSIS: LR7r1 ?i City of Saint John Cedar Point Estates Ltd. has submitted a rezoning application that is also on the agenda. The submitted proposal includes a portion of land owned by the City. This land was previously part of Cedar Point Road prior to that road being closed. The Real Estate and Facilities Division will be preparing a report concerning the potential sale of this land in the near future. At this time it would be appropriate for Council to give permission for this land to be included in the required rezoning advertizement. This will facilitate the proposed development if were to be approved. Initiation of the rezoning process at this time does not commit Council to rezoning the property following the required Public Hearing. RECOMMENDATION: That Common Council initiation the rezoning of a portion of City land adjacent to the application by Cedar Point Estates Ltd., from "RSS" One Family Suburban Residential to "R -1A" One Family Residential. Respegtfully submitted, Jim R. Ba , MC4P1*ng anage ,Commu Terrence Totten, C.A. J. Claude MacKinnon, P.Eng. Commissioner Environment & Development Services City Manager ��C - "L /L' � � c �+ l �i/ , L. �'(�'� � / (/ C-✓ J L.'�'C , / � '�'(� "f_��✓y��(:,� (�.� G. L�4'L./'�C- �L��.'4'�/ �' .-f 'W L- 0 Application for a Zoning By -law Amendment Applicant Related Information Name of Applicant . l �r po'-J'It �J �t_� ml Mailing Addre of Applicant L ��z t.t � Postal Code — IF2�� Telephone Number Home f4/-47 ?C G� Busines Fax Number (if any) Name of Property Owner (if different) 5 nefil e Mailing Address of Owner - — Postal Code Property Information Location U/00AVCt-4 h , S"5—(;1-509 Civic# Street Lot Area Street Frontage NBGIC# Existing Use of Property L Municipal Plan Land Use Designation 5r k Amendment Requested ,3-al V, L:J2 .Change zoning to _ f \ ! `J 17-A � re:-7, and/or ❑ Text Amendment (indicate particulars) Present Zoning MAR is 19" � or +O Development Proposal Description of Pro a1 j -�� 1 ta4-,, � S- "V,-ct2- 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. Provide reasons why this amendment should be approved fj �J 6Z , Provide any other information about your proposal that would be helpful Signature of Applicant Date -/ /t 64 44_ , $400 Application Fee Enclosed Ifyou are not the owner of the land in question please have the owner sign below! The signature from the owner is authorizing this application to proceed for consideration by Common Council. Signature of Owner (if applicable) .Date Development Proposal Description of Prop al U -� -� 2. A-WZY 11, V ca 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. Provide reasons why this amendment should be approved i pw ct t cc , Provide any other information about your proposal that would be helpful Signature of Applicant ��7 e i Date / p(5400 Application Fee Enclosed Ifyou are not the owner ofthe land in question please have the owner sign below. The signature from the owner is authorizing this application to proceed for consideration by Common Council. Signature of Owner (if applicable) -Date J7 r I °a o� s �o. I� Lot C v L Lot 2 N Q d N W d Lot 3 v J L (� v Lot 4 O O Future Si t Lo t r ' C f I ' 1 ' ,ii a I 9 f ° y P f US O C� !f hh a o � • y {4 50I -\�\ 550 m ON � , f «, r. S1' u7 • o � P r • p o ' o � o i m P v Lo C3 m m • p O I 9 f ° y P f US O C� !f hh a o � • y {4 50I -\�\ 550 Planning Advisory Committee OPEN SESSION April 8, 1999 Your Worship and Councillors: SUBJECT: Rezoning 556 Woodward Avenue P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L] C1. I1 City of Saint John On March 8, 1999 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 7, 1999 meeting. The consultant, Mr. Gerry Roberts of Kierstead Quigley and Roberts Limited, appeared before the Committee and expressed support for the staff recommendation. Mr. Peter Gaulton of 9 Cedarwood Drive also appeared before the Committee, and expressed some concerns regarding the proposed subdivision. In particular, Mr. Gaulton suggested that Lots 1 and 2 be developed in a similar manner as the other properties in the Cedar Point Estates Subdivision. The resident also indicated that the existing mailbox in front of proposed Lot 2 would have to be relocated. Staff indicated that this matter would be resolved between the Developer and Canada Post. No other presentations were made at the meeting, but three Ietters were received from area residents. After considering the matter, the Committee resolved to revise the staff recommendation to incorporate the concerns raised. Specifically, that additional Section 39 conditions be imposed to limit the development to a maximum number of twelve (12) lots, and require minimum front and side yards for Lots 1 and 2 of 10 metres (35 feet) and 4.5 metres (15 feet) respectively. The consultant had no objection to these additional conditions, which he felt could be met with some slight modification to the overall design. Planning Advisory Committee April S, 1999 Page 2 The revised recommendation is setout below for your convenience. A further recommendation regarding the subdivision will be provided when third reading to the rezoning is considered. The Committee granted the necessary variances and proposed street name as outlined in the attached report. RECOMMENDATION: That Common Council rezone an area of land located at 556 Woodward Avenue, having an area of approximately 1.5 hectares (3.6 acres), also identified as being NBGIC #55050819 and a portion of #55101729, from "RSS" One Family Serviced Suburban Residential to "R-IA" One Family Residential, subject to a resolution pursuant to Section 39 of the Community Planning Act that would: (a) require the driveway of Lot 7 to be constructed and maintained in accordance with a site plan approved by the Chief City Engineer; (b) require minimum front and side yards for Lots 1 and 2 of 10 metres (35 feet) and 4.5 metres (15 feet) respectively; (c) limit the development of the subject lands to a maximum of twelve (12) residential lots. Respectfully subs Brian Cummngha Chairman MO/ Attachments Community Jim Baird MGP P.O. Box 1971 506 658 -2835 Planning Manager Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4L1 DATE: TO: FROM: FOR: SUBJECT: Name of Applicant: Name of Owner: Location: APRIL 1, 1999 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING MEETING OF APRIL 7, 1999 NBGIC: Municipal Plan: Millidgeville Secondary Plan Zoning: Proposal: M City of Saint John ,�- Mark O'Hearn Planning Officer Cedar Point Estates Limited Cedar Point Estates Limited and the City of Saint John 556 Woodward Avenue 55050819 and 55101729 (portion thereof) Low Density Residential Development Area C: Cedar Point Existing: "RSS" One Family Serviced Suburban Residential Proposed: "R -lA" One Family Residential To rezone the subject lands in order to carryout a new phase of Cedar Point Estates with fully serviced lots. Cedar Point Estates Subdivision, Phase 15 Page 2 556 Woodward Avenue April 1, 1999 Type of Application: Rezoning, Subdivision, and Variances that would: (a) reduce the minimum separation distance between street rights-of-way from 60 metres (200 feet) to approximately 28 metres (92 feet) and 49 metres (161 feet); (b) reduce the cul -de -sac circular turnaround diameter standard of 37.5 metres (124 feet) to approximately 30 metres (100 feet); (c) allow Lots 1 to 3 to be developed without municipal storm, concrete curbing, or sidewalk; (d) allow the proposed cul -de -sac street to be developed without a concrete sidewalk; and (e) allow a City -owned parcel of land to be created without having street frontage. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council on proposed amendments to the City of Saint John Zoning By -law. The Committee's recommendation will be considered by Common Council at a Public Hearing to be held on Monday, April 12, 1999. The Act also authorizes the Committee to advise Common Council on the approval of subdivision developments, including the acceptance of cash -in -lieu of Land for Public Purposes dedications, the assent of new public streets and easements. In addition, the Committee is authorized to grant reasonable variances from the requirements of the Subdivision By -law. Conditions can be imposed by the Cedar Point Estates Subdivision, Phase 15 Page 3 556 Woodward Avenue April 1, 1999 Committee. The Subdivision By -law authorizes the Committee to name new public streets STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone an area of land located at 556 Woodward Avenue, having an area of approximately 1.5 hectares (3.6 acres), also identified as being NBGIC #55050819 and a portion of 955101729, from "RSS" One Family Serviced Suburban Residential to "R-IA" One Family Residential, subject to a resolution pursuant to Section 39 of the Community Planning Act that would require the driveway of Lot 7 to be constructed and maintained in accordance with a site plan approved by the Chief City Engineer. 2. If and when third reading to the rezoning is given, that Common Council assent to one or more subdivision plans, in one or more phases, for the attached photo- reduced tentative subdivision plan, including the proposed public street and to any required municipal services or public utility easements. 3. That Common Council accept a cash -in -lieu Land for Public Purposes dedication for the proposed subdivision. 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. 5. That the Planning Advisory Committee grant the following variances from the requirements of the Subdivision By -law that would: (a) reduce the minimum separation distance between street rights -of -way from 60 metres (200 feet) to approximately 28 metres (92 feet) and 49 metres (161 feet); (b) reduce the cul -de -sac circular turnaround diameter standard of 37.5 metres (124 feet) to approximately 30 metres (100 feet); (c) allow Lots 1 to 3 to be developed without municipal storm, concrete curbing, or sidewalk; Cedar Point Estates Subdivision, Phase 15 Page 4 556 Woodward Avenge April 1, 1999 (d) allow the proposed cul -de -sac street to be developed without a concrete sidewalk; and (e) allow a City -owned parcel of land to be created without having street frontage. 7. That the Planning Advisory Committee approve the name "Amelia Court" for the proposed new cul -de -sac street. INPUT FROM OTHER SOURCES: Engineering supports the proposed manner of development for Lots ] to 3 (i.e., overhead utilities and open ditching), which would be similar to the other lots within the Cedar Point Estates Subdivision. The curb and sidewalk on Woodward Avenue must be extended to the edge of the asphalt of Cedarwood Drive. Engineering has expressed concern regarding the driveway access for proposed Lot 7. In particular, Engineering would like a condition requiring any driveway to be as far away from the intersection as possible to ensure adequate sight distances. Building and Technical Services has no applicable comments regarding this application. Real Estate and Facility Management has advised that the City of Saint John is presently negotiating the sale of portions of NBGIC #55101729 to both the Province of New Brunswick and Cedar Point Estates Limited. A report from Real Estate and Facility Management will be presented to Common Council regarding this matter upon completion of these negotiations. Given that it may take some time to complete the negotiations with the Province, it is suggested that a variance be sought to allow this parcel of land to be severed and the rear portion to remain with no street frontage. Later, this portion of the parcel would be incorporated into the adjacent Provincial land which do have access to a public street. Saint John Energy has indicated that there are adequate facilities in the area to service the proposed development. Any costs associated with the new facilities will be dealt with later. Cedar Point Estates Subdivision, Phase 15 556 Woodward Avenue Page 5 April 1, 1999 NBTel has indicated that the proposed lots along Woodward Avenue and Cedarwood Drive can be serviced by existing overhead facilities. Proposed Lots 8 to 12 will require the Developer to construct an underground conduit system to provide telephone cables. Final design of this conduit will be forwarded to the Developer when approval has been granted for subdivision. Fundy Cable has not submitted any comments regarding this matter. Parks and Recreation supports the acceptance of a cash -in -lieu Land for Public Purposes dedication for the proposed subdivision. The development is near both the Millidgeville North sports field and the Samuel de Champlain School playground. School Board has been advised of this proposed development. -ANALYSIS: Site Characteristics and Nei hbourhood The subject property is bounded by Ragged Point Road, Cedarwood Drive, and Woodward Avenue in Millidgeville (see attachments). The property is 1.29 hectares (3.19 acres) in area. The site slopes immediately upwards from Woodward Avenue. This area has been owned by the Developer of Cedar Point Estates, but has remained separate and undeveloped. In the past, the Developer has used the area for short-term stock piling of fill material. The property is surrounded by two residential developments: Cedar Point Estates with approximately 109 serviced lots, and Park Lane Estates, on the opposite side of Woodward Avenue, with 8 residential lots (with the possibility of 17 more lots in future phases). The Centre Samuel de Champlain is located to the northwest, and the Millidgeville North School is to the north on the opposite side of Ragged Point Road. There are one - family dwellings along the southside of Boars Head Road, and a senior care facility and church directly on the opposite side of the street intersection. Develo ment Pro osal The Developer of Cedar Point Estates is now preparing to develop the subject property. Given the fully- serviced nature of the developing Park Lane Estates Subdivision across the street, the applicant is seeking permission to undertake a Cedar Point Estates Subdivision, Phase 15 Page 6 April 1, 1999 new phase of Cedar Point Estates serviced lots ranging et) 656 square metres (7,061 square feet) to 1850 q Two parcels comprise the area of land. The City of Saint John presently owns one of these parcels, which was the former Cedar Point Road (undeveloped). Common Council has given permission to have a portion of this City -owned parcel (Parcel "A ") considered in this application. Subject to City-approval, this portion of the parcel is expected to be conveyed to the Developer and become part of proposed Lots 7 tol 1 (see attachments). The remainder of this parcel is anticipated toallow this paorcel to be severed and later date. A variance is being sought that will remain with no street frontage. Staff can support this variance given the circumstances. Munici al Plan illid eville Seconda Plan Policies Density The Municipal Development Plan has designated l d eville subject econdary Plant provide Residential. In 1989 the City adopted the M g objectives and policy statements for guiding development in Millidgeville. The Secondary Plan encourages the construction of high - quality residential environments, ensuring that the design of housing projects are aesthetically pleasing and consistent with the surrounding land uses. The subject lands are situated in Development environment we th executive style Secondary Plan encourages a high-quality housing on larger serviced lots. These objectives have been realized in the developing Cedar Point Estates Subdivision that began in 1986. The Plan includes the provision of landscaped swales and open ditches for storm water adequate view planes and the surrounding institutional uses, and t p reservag ono watercourses. Rezoning Re uest The proponent is seeking permission to rezone the subject area from "RSS" One " Family Serviced Suburban Residential to R_650 ' One u Residential are metres, a minimum lot "R -IA" zone requires a minimum lot area of q width of 21 metres (69 feet), and a minimum lot depth of 30 metres (100 feet). Cedar Point Estates Subdivision, Phase 15 556 Woodward Avenue Page 7 April 1, 1999 The proposed lots can exceed these Zoning By -law standards. In fact, the average area for the new lots is 1067 square metres (11,485 square feet). In comparison, the "RS S" zone requires a minimum lot area of 1400 square metres (15,070 square feet), and the "R -1 B" zone requires a minimum lot area of 460 square metres (4,952 square feet). The proposed subdivision would result in the creation of large residential lots providing a transition from the smaller lots across the street (Park Lane Estates) and the larger lots within Cedar Point Estates. There is sufficient lot area to accommodate the construction of large, modern dwellings envisioned by the Secondary Plan. Given the compatibility of the proposal with the Secondary Plan policies and surrounding neighbourhood, the requested rezoning to "R -IA" One Family Residential can be supported. A Section 39 condition has been recommended. This condition relates to the construction of the driveway for Lot 7, and will ensure that the driveway is constructed and maintained as far as possible from the adjacent street intersection. Subdivision Design and Variances Under the proposed new zoning, the twelve -lot project would be developed with full City services (i.e., municipal sewer, water, and storm), concrete curbing and sidewalk (proposed only along Woodward Avenue), and underground public utilities (i.e., electricity, telephone, and cable television) for Lots 8 to 12. The Subdivision By -law permits Lots 1 to 7 to be serviced by existing overhead facilities. In comparison, Cedar Point Estates was developed under the present "RSS" zoning. While the Subdivision By -law requires municipal sewer and water, storm water is facilitated by open ditching (without curbing or sidewalks), and public utilities are provided by overhead wires. This manner of development is a permanent feature of this subdivision, and was specifically designed in the mid 1980s to provide a similar style of development that was being experienced in outlying communities. This manner of development also addressed the additional costs associated with the rocky topography of the Cedar Point area. The proposed subdivision attempts to provide a transition from the fully serviced development across the street, while reflecting some of the characteristics of Cedar Point Estates. Specifically, Lots 1 to 7 along Cedarwood Drive and Woodward Avenue would utilitize the existing overhead public utilities. In Cedar Point Estates Subdivision, Phase 15 Page 8 556 Woodward Avenue April 1, 1999 addition, the open ditching along Cedarwood Drive would facilitate storm water management for Lots 1 to 3. The interior lots (Lots 8 to 12) would be serviced with underground public utilities, storm sewer, and curbed with continuous concrete. This manner of development can be supported. Similar to other recent developments involving short cul -de -sac streets, the Developer is requesting that the turnaround diameter be reduced to only 28 metres (92 feet), and that no sidewalk be required. Engineering has no objection to these requests. Consistent with other developments, approval of these variances can be supported. In regards to sidewalk construction, the Developer is still responsible to construct a concrete sidewalk along Woodward Avenue. Finally, the location of the proposed new street is only 28 metres (92 feet) from the future street (Carol Anne Crescent) in the Park Lane Estates Subdivision, and only 49 metres (161 feet) from the Ragged Point Road -Boars Head Road intersection. The Subdivision By -law requires a minimum separation distance of 60 metres (200 feet). Given the close proximity of these other streets, any new public access for the subject area cannot be located in a manner to satisfy the By -law standard. This was realized when a variance was recommended and approved by the Committee in 1996 to allow Carol Anne Crescent to only be 25 metres (82 feet) from Cedarwood Drive. Engineering has reviewed this matter and has no objection. Given the good site distances, and that only five residences would be using this new street, approval of this variance can be supported. It should be noted that a suggestion has been made by an area resident that the new road should be located in the vicinity of Lot 4 directly across from the future street. While street intersections below the By -law standard are not encouraged, this alternative suggestion would result in the new street only being 27 metres (89 feet) from Cedarwood Drive, which is always expected to be a much more heavily used local street than Carol Anne Crescent (even when the rear lands are developed). The recommendation includes the necessary subdivision assents and authorization for a City /Developer Subdivision Agreement to ensure provision of the required work and facilities. Cedar Point Estates Subdivision, Phase 15 Page 9 556 Woodward Avenue April 1, 1999 Land for Public Purposes The Subdivision By-law requires a Land for Public Purposes dedication for this residential subdivision. Specifically, the By -law requires a land dedication of six (6) percent of the subject lands (excluding street area). At the discretion of Common Council, a cash -in -lieu dedication can be accepted. Given the relatively small area of the property, the Developer is seeking a cash -in -lieu dedication. Parks and Recreation can support this form of dedication, since there are recreational opportunities nearby (i.e., school playgrounds and sports fields), and opportunities to develop additional parkland within Cedar Point Estates. Street Namin The Developer originally proposed to name the new cul -de -sac street "Michael Court." After careful review, Civic Addressing has determined that the name "Michael" has been used for another street in the region. The applicant has recently submitted a new name, "Amelia," for consideration. This name is different in both sound and spelling from existing street names, and, therefore, is recommended for approval. CONCLUSION: The Developer is seeking permission to rezone the subject lands from "RSS" One Family Serviced Suburban Residential to "R-IA" One Family Residential. The purpose of this request is to allow for a fully serviced residential development with lot areas below the "RSS" zone standard. This application depends on the acquisition of a narrow City -owned parcel in the rear. The proposal can satisfy the Secondary Plan policies and would be compatible to the surrounding area. The necessary variances related to this project are reasonable and consistent with other previously approved developments, and, therefore, can be supported for approval. The requested rezoning, subdivision approvals, and variances can be recommended for approval. COMMUNITY PLANNING - \ %\ IL- 2 MIA, POA R- 1B RM- P, V"'C)o DRIVE FRI 40 0-1) R ,()O RS - 2 Q E5C R cc) NIF 3 R S jt NBGIC Number (s): 55050819 Subject Site: 55101729 (part ofl Address: 556 Woodward Avenue -Map Number: 07N-60SE Date: March 8, 1999 Scale: N.T.S. 4 • WA ► '1 C CU Q 0 0 m G oaC � �e boa Lor m 0 I 4 N LOt c 0 J s I1 L 1 I Lot Future 1 � j �f�N/ t/fN�j_..- "OjvgO/1_�j_.._i!�?M_ EL- I,�D Ntek t;Ukc// 3a /7 7 7 1 APR -G- - - �� ' �� SE'�J C��A�' �O�nr` L`STA��.S � d�O /J�f /DI✓ l� /�� iS� �� 1%:�f> t ✓H IZi' � ✓fin/ ✓� �E Sio T 7a��ir✓ i iTE Cho A.< Aor2,e r t�'v wk t9 wo /1] �o✓� f �a l T T�•f ff�T %/1 T T/%l } VIW4jP� % �,✓� F �r✓ST.�r/c: ion✓. (V14-L ��- v c�� }�✓o �� Drr�ic��i �~I /c 4r'S . I/SS, y AA1 75 ye-xil-s © C ,9.vo re c� A v/c'D GrJL 2K 'r/W /.S j �i �,s ��S T 7~fT /S �, ✓S i � c� C ic.✓ � ,�� o 'y /,!�, 7�15 Y, O N fd/a 0 1 L ✓/I /zi, �I✓Pi ✓✓ /�CC i �� X nro T lCl"Pl� (Io v/vril. I-AS- f/L7 -./- . / �/ �!y ,/ r / q �� i �/ ij r/ei✓� - �Ao.�� OUT 0 F rye 7,W � f�i9� K r,�/� /t /yl eSS r �� J � v�.�,¢G C� rj'r ,�! -/� i�✓ 3 LI),oC / ✓(-I 5 �✓-i.� T . Cry W©i mooW o T�� ,�'v �o w 'vi.✓1. r/1e/x - C1574 —s'. � _ Y -- 6 7-to o � 7- ;E Peter & Nancy Gaulton P.O. Box 2608 9 Cedarwood Drive Saint John, N.B. E2L 4S8 506 -634 -7609 April 5, 1999 Planning Advisory Committee City Of Saint John P.O. Box 1971 Saint John, NB E2L 4L 1 Dear Committee Members: Re: Proposed Cedar Point Estates Subdivision - Phase 15 556 Woodward Avenue �.J �j APR 6 �. ko , �s V: � ��Iv I am writing to the committee in order to voice my objections to the proposed subdivision. My wife and I live on Cedarwood Drive immediately across from the proposed subdivision. We have lived in our house for approximately nine years. Before we had our house built in 1990, I checked to ensure that the zoning for the land where the subdivision is proposed was the same as the land I was building on to ensure that I would not be faced with any surprises down the road. The land in question was part of the original Cedar Point development and the entire development was zoned RSS. The land has sat undeveloped for years because the developer has chosen to use it for other than residential purposes (equipment storage, stock piling of soil and a gravel pit of sorts). I believe that the present zoning should be kept and the land developed as originally intended. I am very much in favor of the land being developed, however, on a basis consistent with the adjacent properties. At the very least, the lots fronting on Cedarwood drive should be developed on a basis consistent with the adjacent existing lots on that street (per the RSS zoning). I also want to point out that the development plan nor the staff report address the issue of the location of postal boxes. Presently, the postal boxes for the existing subdivision are located on proposed lot #2. Thank you for taking the time to consider my objection. Yours truly, Peter G. Gaulton APR -07 -1999 07 :57 JD IRVING JACQUES POITRAS & CtLINE TANGUAY 565 WOODWARD AVENUE SAINT JOHN, NEW BRUNSWICK E2K 5K1 506 -634 -8497 15066325116 P.02/03 Pd, Ap617, 1999 r*��-• of Members of the Planning Advisory ,. RECEIVED Committee APp 7 1999 Ref.; The zoning of 556 Woodward Avenue Dear Members of the Planning Advisory Committee, In this letter, I would like to explain my position regarding the propose zoning of 556 Woodward Avenue. Having lived in the Park Lane Estates Subdivision for over two years, I have admired Mr. Blanchard's (and Cedar Point Estates Limited) ability to develop this part of town fulfilling their responsibilities to make sure everything meets standards and is secure. I am happy to see Cedar Point Estates Limited pursuing the development with this phase 15 proposal. After careful review of the document, I am expressing concern regarding the street location, since it will be facing my property. 1- According to my calculation, the proposed street will he located 12 meters facing my property (Park Lane Estates Lot 3) and 3 meters facing my neighbor's property (Lot 2). Currently, there is an hydro -pole located near the middle of the propose street. No where in the document are you addressing the issue of moving this hydro- pole, and where it would be moved. 2- 1 agree with you when you are stating that .he traffic on this propose street should not be too heavy. Still, I would prefer no traffic at all if possible. A remark was made to have the propose street in the vicinity of the Lot 4, across from the future street. If you are to allow a variance between streets location, this should also be considered. RPR -07 -1999 07:57 JD IRUING 15066325119 P.03/03 JACQUES POITRAS & CELINE TANGUAY 565 WOODWARD AVENUE SAINT JOHN, NEW BRUNSWICK E2K SKI 506- 634 -6491 3- Another option that should be look Into, is the possibility of having the entrance to the subdivision via Ragged Point. This would allow for 5 lots on Woodward Avenue, 3 lots on Cedar Point Drive and 4 lots in a proposed street for a total of 12 lots. Part of the traffic would be re- routed on Ragged Point. 4- If the propose street was to stay at this location, can I have the assurance that this newt street will be at the same level as Woodward Avenue. By this I want to make i sure that the new street will not be a hill like Cedar point Drive, As I mentioned earlier, I am please to see that the development will continue. In addition, the curbs and sidewalk on each side of Woodward Avenue, and the elimination of the ditch along the street will improve security. overall, I support the proposal of rezoning 556 Woodward Avenue, but I would like to see these options analyzed before giving final approval. Sincerely, .lacqu 5 Poi as TOTAL P.03 All, City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: COMMON CLERK Contact: MARY L. MUNFORD Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTG =Saint John Times Globe; T -J= Telegraph Journal) SJTG City Information Ad SJTG Independent Placement " SJTG Classifieds T -J Independent Placement T -J Classifieds Date(s): Tuesday, June 29, 1999 Date(s): Date(s): Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ Tender(s) ❑ Proposal(s) ✓ Public Notice(s) ❑ Mayor's Message n General Notice(s) Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford, Common Clerk Contact: Telephone: (506) 658 -2862 ENACTED BY -LAWS Public Notice is hereby given that the following by -laws enacted by the Common Council of The City of Saint John have been approved by the Minister of Municipalities and Housing if required, and have been filed in the Office of the Registrar of Deeds in and for the County of Saint John and became effective on the dates noted below, namely: DATED FILED 1. By -law Number C.P. 120 -3 A By -law To Amend A By- law To Regulate The Subdivision Of land Within The City of Saint John May 12, 1999 2. By -law Number C.P. 100 -477 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 450 -500 Westmorland Road) June 15, 1999 3. By -law Number C.P. 100 -494 A Law To Amend The Zoning By -law Of the City of Saint John (amending Schedule "A" re 91 Prince Edward Street) April 27, 1999 4. By -law Number C.P. 100 -495 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 556 Woodward Avenue) May 12, 1999 5. By -law Number C.P. 100 -496 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 101 Boars Head Road) May 12, 1999 6. By -law Number C.P. 100 -497 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 333 -335 Main Street) May 12, 1999 7. By -law Number C.P. 100 -499 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 33 Magazine Street) May 12, 1999 8. By -law Number C.P. 100 -500 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 120 McDonald Street) May 12, 1999 9. By -law Number C.P. 100 -501 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 1022 Millidge Avenue) June 15, 1999 10. By -law Number C.P. 100 -502 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 1360 Manawagonish Road) June 15, 1999 11. A Law To Amend The Municipal Plan By -law (amending Section 3.4.1 of the Millidgeville Secondary Plan re 177 -187 Manners Sutton Road) 12. By -law Number C.P. 100 -503 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 177 -187 Manners Sutton Road) 13. By -law Number C.P. 100 -504 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 111 -113 McAllister Drive) June 15, 1999 June 15, 1999 June 15, 1999 office of the Mary L. Munford Common Clerk Common Clerk May 28, 1999 Spectrum Enterprises Ltd. P.O. Box 302 Saint John, N.B. E2L 3Y2 Dear Sirs: Re: 101 Boars Head Road P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 i' City of Saint John Enclosed is a copy of an amendment to the Zoning By -law of the City of Saint John with respect to the above property. Pursuant to the provisions of the Community Planning Act, the By -law was filed in the Registry Office on May 12, 1999 and became effective on that date. Yours truly, Mary L. unford Common Clerk MLM /jaf encl. M, � cc: Jim Baird, Manager, Community Planning PENDING REZONING PROPERTY LOCATION: - CP 100 -496 -101 Boars Head Road SUBJECT: Amend Zoning By -Law REGISTRY OFFICE: - **certify 2 copies of Rezoning By -law Amendment - letter size - attach "A" (a signed copy of By -law) - attach the street map (which is part of the By -law ** margins for these documents only - 2" top margin, 1.5" side margins Common Clerk's Office will file the By -law, returning 1 copy the Office COPIES TO JOHN NUGENT: - April 29, 1999 Copy to - - Applicant - copy of By -law and all attachments - cc: J. Baird - copy of By -law and all attachments BY -LAW NUMBER C.P. 100 -496 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 fourteenth day of November, A.D. 1983, is amended by: 1. Amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning an area of land located at 101 Boars Head Road, having an area of approximately 4500 square metres (48,439 square feet), (being a portion of NBGIC Number 55089940), from "R -113" One Family 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 nineteenth day of April A.D. 1999 and signed by: Xay�o�r,the mem r of Co ncil who pr ded at the meeting at ich it was enacted; and First Reading - April 12, 1999 Second Reading - April 12, 1999 Third Reading - April 19, 1999 COMMUNITY PLANNING REZONING AMENDING MAP SHEET 112 SCHEDULE "A" OF THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Q� 00 waOawARD avrtiyuE D v !1 Y D p D S� D O y £ k r D 9qQ "QL 3 L/MVFRSIiY AVUE 1� 0 m 9 4� i 16 `a m qO oy't f,2 F TROOP STREET i' * BARS HEAD ROAD � `<r Q, 9L �2L FROM TO R -1 B One Family Residential R -2 One and Two Family Residential Applicant: Spectrum Enterprises Ltd. Date Drn.: April 14, 1999 Location: 101 Boars Head Road Drn. By: T. Duke Recommended by P.A.C.: April 7, 1999 File No.: 06N -79NW Enacted by Council: 55089940 (part of) Filed in Registry Office: office of the Mary L. Munford Common Clerk Common Clerk April 29,1999 P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 m:R.4 City of Saint John Spectrum Enterprises Ltd. P.O. Box 302 Saint John, NB E2L 3Y2 Dear Sirs: At a meeting of the Common Council, held on the 19th instant, the following resolution was adopted, namely:- "RESOLVED that the by -law entitled, "By -law Number C.P. 100 -496 A Law To Amend The Zoning By -law Of The City Of Saint John ", insofar as it concerns re- zoning an area of land located at 101 Boars Head Road, having an area of approximately 4500 square metres (48,439 square feet), (being a portion of NBGIC Number 55089940), from "R -1 B" One Family Residential to "R -2" One and Two Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto." Pursuant to the Community Planning Act, the said by -law will not become effective until it is filed in the Registry Office. You will be notified when this procedure has been carried out. Yours truly, Mary L. Munford Common Clerk MLM:sc �A DRAFT BY -LAW NUMBER C.P. 100-;* 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 fourteenth day of November, A.D. 1983, is amended by: Amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning an area of land located at 101 Boars Head Road, having an area of approximately 4500 square metres (48,439 square feet), (being a portion of NBGIC Number 55089940), from "R -113" One Family 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. 1999 and signed by: *, the member of Council who presided at the meeting at which it was enacted; and Common Clerk First Reading - April 12, 1999 Second Reading - April 12, 1999 Third Reading - PROPOSED ZONING BY -LAW AMENDMENTS 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 on Monday, April 12, 1999 at 7 :00 p.m., by: A. RE: 333 -335 MAIN STREET Rezoning a parcel of land located at 333 -335 Main Street, having an area of approximately 640 square metres (6,888 square feet), also identified as being NBGIC #370536 and 55062608, from "BR" Business Residential to "B -2" General Business. REASON FOR CHANGE: To allow for a greater variety of commercial businesses; including a second -hand store and a used furniture store in the former Hoffman's building. B. RE: 556 WOODWARD AVENUE Rezoning an area of land located at 556 Woodward Avenue, having an area of approximately 1.5 hectares (3.6 acres), also identified as being NBGIC #55050819 and a portion of #55101729, from "RSS" One Family Serviced Suburban Residential to "R -1A" One Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To carryout a new phase of Cedar Point Estates Subdivision with fully serviced lots ranging in area from 656 square metres (7,061 square feet) to 1850 square metres (19,914 square feet) for the development of one - family dwellings. C. RE: 101 BOARS HEAD ROAD Rezoning an area of land located at 101 Boars Head Road, having an area of approximately 4500 square metres (48,439 square feet), also identified as being a portion of NBGIC #55089940, from "RAB" One Family Residential to "R -2" One and Two Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the construction of one and two- family dwellings. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of the Planning Department, 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. ILo)� PROPOSED ZONING BY -LAW AMENDMENTS 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 on Monday, April 12, 1999 at 7:00 p.m., by: 4W 'G: E. 101 BOARS _HEAT Rezoning an area of land located at 101 Boars Head Road, having an area of approximately 4500 square metres (48,439 square feet), also identified as being a portion of NBGIC #55089940, from "R -16" One Family Residential to 1111-2" One and Two Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the construction of one and two- family dwellings. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of the Planning Department, 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. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: Common Clerk's Office Contact: Mary Munford Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): cl Newspaper Insertion Dates (Check as applicable) (ETG = Evening Times Globe; T -J = Telegraph Journal) ETG City Information AD Date(s): Tuesday, March 16, 1999 Tuesday, April 6, 1999 ETG Independent Placement Date(s): ETG Classifieds Date(s): T -J Independent Placement Date(s): T -J Classifieds Date(s): INFORMATION FOR AD (Boldface anything you want Bold in Ad) Section Headline: 17 Tender(s) 173 Proposals(s) X Public Notice(s) ❑ Mayor's Message Q General Notice(s) Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford Common Clerk Contact: I Telephone: (506) 658 -2862 office of the Mary L. Munford Common Clerk Common Clerk March 11, 1999 Spectrum Enterprises Ltd. P.O. Box 302 Saint John, NB E2L 3Y2 Dear Sirs: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on the 8th instant, the following resolution was adopted, namely:- City of saint John " RESOLVED that the application of Spectrum Enterprises Ltd. for the re- zoning of property at 101 Boars Head Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, April 12, 1999, at 7:00 o'clock p.m." Enclosed is a copy of the Public Notice in this regard. Yours truly, Mary L. WUnford Common Clerk MLM:sc Enc / APPLICATION FOR REZONING �o and /or MUNICIPAL DEVELOPMENT PLAN AMENDMENT CITY OF SAINT JOHN Please Print or Type 1. Applicant Name: Spectrum Enterprises Ltd. Address: PO Box 302 Saint John NB E21, 3Y2 Phone: 2. Property subject to this application Work: 632 -0020 (a) Location: Civic No, 101 Boars Head Road L.R.I.S, No. portion of 55089940 (b) Description: Street Frontage Approx. t50m ._ Depth 30 metres more or less Area 4500 sguare metres (c) Existing Buildings: Size N/A Stories (d) Existing Use: VACANT (e) Applicant's Interest in Property Own ,/ Lease Option Other (explain) (f) If Applicant is not Owner: Name of Owner: Address: Phone: 3. What is your Proposal? NOTE: You must provide a fully dimensional drawing or plan which illustrates your proposal. The plan should include measurements of the property, all buildings (including proposed buildings) and distances between buildings and property lines, proposed driveways, parking areas, landscaped areas and signs. (a) Described proposed use providing details (seats, units, etc.) The proposal is to subdivide the area shown on the attached tentative plan to be used for reside ial development. The proposed lots were tentatively approved in February 1999. (b) New Buildings or Additions: Size Type of Construction Stories (c) When will development begin and when will it be completed, Development will likely commence within one year of approval. Full development is anticipated to take _18 months to 24 months. 4. Is a Municipal Development Plan Amendment Required? (Check with Planning Branch) Yes No If Yes (a) Existing Land Use Designation Residential (b) Proposed Land Use Designation Residential (c) What reasons (other than the undertaking of your proposal development) can you offer to justify amending the Plan? 5. Amendment to the Zoning By -law (a) Present Zone R- 1B (b) Proposed Zone R -2 (c) What reasons can you give to justify proposed change in zoning? The approval of this proposal will allow the developer flexibility in the housing Wes vn s that can be offered. The proposal is also compatible with other existing evelopment in the area. A land exchange is proposed which fug her compliments the proposal. (d) The Zoning By -law amendment fee of $400 is enclosed in the form of a Cheque or Money Order made payable to the City of Saint John. 6. Is there any other information about your proposal that would be helpful? The Developer respectfully requests consideration for a trade of land with the City. The proposal is to exchange proposed lot 99 -17 for the existing Land for Public Purposes vested in the City, in 1986 If the exchange is approved the Developer will complete the sidewalk, curbing and other services in this area which will create a finished aVpearance along a substantial portion of Boars Head Road rather than having an unfinished pQrtion of the streetscape in the centre of two developments. This will enhance both the existing developed area and the proposed new development. Approval of the proposal is in keeping with the City's "Goals for Saint John" as it supports our intention to create a quality development complimentary to the area We believe this enhancement will compliment our development It should be noted that Lot 99 -17 has an encroachment by the Cif of Saint John sanitary sewer The undersigned does hereby request that the above application be considered by Common Council. APPLICATION FOR REZONING and /or MUNICIPAL DEVELOPMENT PLAN AMENDMENT CITY OF SAINT JOHN Please Print or Type 1. Applicant Name: Spectrum Enterprises Ltd. Address: PO Box 302, Saint John NB E21- 3Y2 Phone: 2. Property subject to this application Work: 632 -0020 (a) Location: Civic No. 101 Boars Head Road L.R.I.S. No. portion of 55089940 (b) Description: Street Frontage Approx. 150m Depth 30 metres more or less Area 45Q0 square metres (c) Existing Buildings: Size Stories (d) Existing Use: VACANT (e) Applicant's Interest in Property Own J _ Lease Option Other (explain) (f) If Applicant is not Owner: Name of Owner: Address: Phone: 3. What is your Proposal? NOTE: You must provide a fully dimensional drawing or plan which illustrates your proposal. The plan should include measurements of the property, all buildings (including proposed buildings) and distances between buildings and property lines, proposed driveways, parking areas, landscaped areas and signs. (a) Described proposed use providing details (seats, units, etc.) The pmposal is to subdivide the area shown on the attached tentative plan to be use residential development. If the rezoning,, is approvcthe lots will be adjusted to allow for onp or two family dwellings. A proposal for a land exchange is included for consideration. r' MAR / 1000 File: 98478R.REZ Page t February 23, 1999 Cry OF L� � T �J�' (b) New Buildings or Additions: Size Type of Construction Stories (c) When will development begin and when will it be completed. Devel (y ..:.h;... P .rP,r r.F annroyal. Pull development anti 4 4. Is a Municipal Development Plan Amendment Required? (Check with Planning Branch) Yes No If Yes (a) Existing Land Use Designation tial (b) Proposed Land Use Designation Resi4ential (c) What reasons (other than the undertaking of your proposal development) can you offer to justify amending the Plan? 5, Amendment to the Zoning By -law (a) Present Zone - (b) Proposed Zone R-2 (c) What reasons can you give to justify proposed change in zoning? cap be off=d. low tbe-develQuer The 12ropQsal is also =901219 v 1 (d) The Zoning By -law amendment fee of $400 is enclosed in the form of a Cheque or Money Order made payable to the City of Saint John. 6. Is them any other information about your proposal that would be helpful? The undersigned does hereby request that the above application be considered by Common Council. The signature of the owner or authorized agent of the owner must be included. Page 2 File: 98478R.REZ February 23, 1999 w The DevdQpec lot 99-17 for in the!Cily 1" an 1986, if the ror)oqcd excha curbing r orvices in this arPa h' h will neat a finis -- substaptial l2ordon of Boars Hea v s t e' two v a d roposed Pew deyrlopw= v t is for Sai Lt n" as it 5u o li to to a We believxAhis 1 t h t The undersigned does hereby request that the above application be considered by Common Council. The signature of the owner or authorized agent of the owner must be included. Page 2 File: 98478R.REZ February 23, 1999 JA L. r-- -*---,LA 0 JK r7 ;y 0 2 Rte} '�r F:�_ � 4E+-- f.Ylr!• , - � ' - - P °four :- �`'-�`•.._ ' y . � o `"-� �� %' � I I o••vL �`f{. _ slaw C ^..n• wV (:' - `- ^Ex,+ !! o~... ar OV X. ,-O _ { RM- `` •. �� IL -1 �♦�� ii ' `� , . •' R1�I- ` r R -1 ^ t . �._._. �� • K.•E At q _ \ ♦� mom IL -1 RMI ��_ '�- y / /J!' • � 10� �♦• ` I'�' _ ��`(J� ~'I�� v a� �• fir. , P.�.�. '� �• ti�r� r ! Jr; IL . R + ° LRM `t`• • �_ "� ;'� a mo' •art �y '•�'FE�• '~ RS -2 ��R -1B r _ •♦ RS-2 Nor, Y mum Y. F `} _t y rt .• _ M - �t Ir -s - ri. .� - -. •� - _ '21 *•� ♦i r 1� .� . 0 -i tt�w ^.t +1 i; ._`� T �.i+�• _� x•i ��' tai - I+ -��L :__� � -.i "Sn yY _. ` 3.- r Y r f, - .F+•#. .� \ . K7 y - - ^4 �.I M- _ P .r' •.- r � nNLt�o - E r - �4. ti „ � �' � -'Y Y! �fi#,�,1s W. a -._ � r?�, ��a . �� •�•t J -_ •r• .. �?-+ ) - 1 ( :lX �: ;E, �K` _. x�,,� yy,•aa _,r;.rA�'�. �,�..� ay ".eJ` � ��. y . � �; 1f r. -' S a .> S _ t y�` .VA.-: i J -i.. I• .fv- 2 ^. M x L ; r. �y'( R Rill -/ D �,/W { �V :� �• l 14 t +... wY fin- 1�. ��`a� _ - -�i/ {� -^ • Y,,�+ -._t - •iM1 rMY LY'�� -. �'"'� —�'-" C.ITYGF" SAINT JOFlN,NB_- Z�N!NG pY- LAW- .�r.'HED {J!. =E °A" II2 I Yd !!r n w : } f I f i A: all �� ! ot.1 J j r nt �� t DRAFT BY -LAW NUMBER C.P. 100-* 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 fourteenth day of November, A.D. 1983, is amended by: Amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning an area of land located at 101 Boars Head Road, having an area of approximately 4500 squar �t'11 s (J8,439 square feet), also iden ac being a portion of NBGICvC 9$9401 from "R -1 B" One Family being 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. 1999 and signed by: *, the member of Council who presided at the meeting at which it was enacted; and Common Clerk First Reading Second Reading Third Reading PIanning Advisory Committee OPEN SESSION April 8, I999 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E21- 4L1 SUBJECT: Rezoning and Land for Public Purposes 101 Boars Head Road On March 8, 1999 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 April 7, 1999 meeting. City of Saint John Mr. Sterling Brown, on behalf of Spectrum Enterprises Limited, appeared before the Committee and expressed support for the staff recommendation. There were no other presentations made at the meeting, and no letters were received from area residents. After considering the matter, the Committee resolved to adopt the staff recommendation, which is setout below for your convenience. This recommendation also includes the exchange of an existing Land for Public Purposes (L.P.P.) parcel for another one of equal area further south on Boars Head Road. RECOMMENDATION: That Common Council rezone an area of land located at 101 Boars Head Road, having an area of approximately 4500 square metres (48,439 square feet), also identified as being a portion of NBGIC #55089940, from "R -1B" One Family Residential to "R -2" One and Two Family Residential. 2. That Common Council exchange an existing Land for Public Purposes parcel situated at 259 Boars Head Road, also being identified as NBGIC #55056709, for an equal area of land in the vicinity of proposed Lot 99 -17, and that the Mayor and Common Clerk be authorize j,6 execute the necessary documents. Respectfully submitted, Brian Cunn/gham Chairman MO/ Attachment Community Jim Baird MC[P P.O. Box 1971 506 658 -2835 Planning Manager Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4L1 n' DATE: APRIL 1, 1999 TO: PLANNING ADVISORY COMMITTEE °' ° "' °•,,J •• °° ' G FROM: COMMUNITY PLANNING City of Saint John FOR: MEETING OF APRIL 7, 1999 SUBJECT: Name of Applicant: Name of Owner: Location: NBGIC: Municipal Plan: Millidgeville Secondary Plan: Zoning: Proposal: Type of Application: Mark O'Hearn Planning Officer Spectrum Enterprises Limited Spectrum Enterprises Limited 101 Boars Head Road 55089940 Low Density Residential Development Area D: Boars Head Road Existing: "R -113" One Family Residential Proposed: "R -2" One and Two Family Residential To rezone an area of land along a public street in order to construct one and two - family dwellings. Rezoning and Subdivision Spectrum Enterprises Limited Page 2 101 Boars Head Road April 1, 1999 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council on proposed amendments to the Zoning By -law of the City of Saint John. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, April 12, 1999. The Act also authorizes the Committee to advise Common Council in regards to Land for Public Purposes dedications. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone an area of land located at 101 Boars Head Road, having an area of approximately 4500 square metres (48,439 square feet), also identified as being a portion of NBGIC #55089940, from "R -1B" One Family Residential to "R -2" One and Two Family Residential. 2. That Common Council exchange an existing Land for Public Purposes parcel situated at 259 Boars Head Road, also being identified as NBGIC #55056709, for an equal area of land in the vicinity of proposed Lot 99 -17, and that the Mayor and Common Clerk be authorized to execute the necessary documents. BACKGROUND: On February 9, 1999 the Planning Advisory Committee considered an application from Spectrum Enterprises Limited to subdivide the subject property into seventeen (17) serviced residential lots. The Committee recommended the assent of the subdivision, including the proposed future street and any necessary municipal services or public utility easements. The Committee, as requested by the proponent, recommended that a cash -in -lieu of Land for Public Purposes dedication be accepted instead of the previous proposal to vest land (Lot "A "). There were also several depth variances for proposed Lots 99 -14 to 99 -17 granted by the Committee. Spectrum Enterprises Limited 101 Boars Head Road INPUT FROM OTHER SOURCES: Page 3 April 1, 1999 Engineering has no objection to the proposed rezoning. Building and Technical Services has no objection to the rezoning of the subject property to permit one and two - family dwellings. Real Estate and Facility Management has not submitted any comments regarding this application. Saint John Energy has not submitted any additional comments. NBTel has existing facilities along this portion of Boars Head Road to service the proposed development. These existing facilities will have to be extended via underground conduit. Details, design and costs will be determined when final approval is granted. Fundy Cable has not submitted any comments regarding this matter. Parks and Recreation has no objection to the requested Land for Public Purposes (L.P.P.) exchange. ANALYSIS: Subject Property and Nei hbourhood The subject property is situated on the southside of Boars Head Road in Millidgeville (see attachments). The property is approximately 1.3 hectares (3.2 acres) in area. The site is low -lying and has remained undisturbed. A municipal works depot and the Air Canada Cali Centre are across the street, and further west are two vacant industrial lots. A number of dwellings to the northwest on the same side of Boars Head Road. Specifically, there are three semi - detached dwellings and ten one - family homes. There are also three semi- detached buildings to the west of Caledonia Drive. Municipal Development Plan and Rezoning Reguest The Municipal Development Plan has designated the area as Low Density Residential, The Millidgeville Secondary Plan has setout specific policies relating Spectrum Enterprises Limited Page 4 10 1 Boars Head Road April 1, 1999 to the development of this area of the community. These policies encourage a residential mix consisting of one and two - family dwellings and townhouses. This is considered in keeping with the area's proximity to a major collector street, several institutions, and its relative closeness to uptown Saint John. The applicant is seeking permission to rezone a portion of the subject property from "R -1 B" One Family Residential to "R -2" One and Two Family Residential. This will allow for the construction of one and two- family (semi - detached) dwellings on proposed Lots 11 to 17. Presently, the property is split -zoned and only allows for the possibility of two - family construction on proposed Lots "A" to 99 -10 (see attached tentative subdivision plan). The rezoning application and subsequent residential development is compatible to the area and consistent with the policies of the Secondary Plan. Therefore, approval of the rezoning request can be recommended. Land for Public Purposes Exchange In February 1999, the Planning Advisory Committee considered an application from the Developer for the subdivision of the subject property into seventeen (17) serviced residential lots. The applicant originally proposed to vest a parcel of land adjacent to proposed Lot 99 -1 (Lot "A ") to satisfy the Land for Public Purposes requirement. Later, the proponent requested a cash -in -lieu dedication for the proposed subdivision. Common Council agreed to accept a cash -in -lieu dedication. After further consideration, the Developer is now seeking permission to exchange proposed Lot 99 -17 with the existing Land for Public Purposes parcel at 259 Boars Head Road (NBGIC #55056709). A different Developer vested this existing L.P.P. parcel to the City in 1986 during a previous phase of the Stanley Gardens Subdivision. If the exchange were approved, the Developer would complete the sidewalk and curbing and other services across the frontage of the existing L.P.P. parcel to the end of proposed Lot 99 -16. This would result in a finished street frontage for a substantial portion of Boars Head Road, opposed to having an area unfinished between the new development and the existing dwellings to the west. In addition, this lot was to be exchanged for an area within a larger subdivision to the rear, if that area develops. Spectrum Enterprises Limited Page 5 101 Boars Head Road April 1, 1999 The existing L.P.P. parcel is 680 square metres (7,320 square feet). Proposed Lot 99 -17 is only approximately 612 square metres (6,588 square feet), a difference of 68 metres (732 square feet). Parks and Recreation has no objection to the relocation of the existing L.P.P. parcel. Staff can support this exchange provided the new L.P.P. dedication is at least the same area as the existing parcel. This condition is contained in the recommendation. CONCLUSION: The applicant is seeking approval to rezone a portion of the subject property from "R -1B" One Family Residential to "R -2" One and Two Family Residential. The purpose of this request is to allow for the construction of both one and two- family dwellings. The Millidgeville Secondary Plan supports the proposed rezoning. Approval for the rezoning can be recommended. The application also involves the exchange of an existing L.P.P. parcel for one of the proposed new lots. Provided the new lot has the same area as the existing L.P.P. parcel, staff can support this land exchange. R- 2 COMMUNITY PLANNING Ac "—f op .1. WqR NUE • 1� .0) 4 M..f 1 n If R -1A SKALAVG COURT �! ♦ � � Lr u R- RS- us F ` \ ...I: •-. -••.rte ell I R- 1B R- 1B �w.w --•�-- j L . '--'-- '� R .. R '2 ;,. s 11 -2 RS- 2 / ' NBGIC Number (s): 55089940 {part of) Site: - - - Address: Boars Head Road Map Number: 06N -79NW Date: March 9, 1999 Scale: N.T.S. P I� d J u3 Q r fi in OA1 C Aa, � r !n W F Wj A� a 1 / in r ! co a R r t5' % e CA W r JT r : fi in OA1 C Aa, � r !n W F Wj A� a 1 / in r ! co a R r �x �3 dm! I o, A Go Af r o �q'' • Cb W r H cm . e- r~ 1 c4 z 1 P f 0 V 7Z a Q o V CA W �x �3 dm! I o, A Go Af r o �q'' • Cb W r H cm . e- r~ 1 c4 z 1 P f 0 V 7Z a Q o V PENDING REZONING PROPERTY LOCATION: - CP 100 -497 - 333 -335 Main Street SUBJECT: Amend Zoning By -Law REGISTRY OFFICE: - * *certify 2 copies of Rezoning By -law Amendment - letter size - attach "A" (a signed copy of By -law) - attach the street map (which is part of the By -law ** margins for these documents only - 2" top margin, 1.5" side margins Common Clerk's Office will file the By -law, returning 1 copy the Office COPIES TO JOHN NUGENT: April 29, 1999 Copy to - - Applicant - copy of By -law and all attachments - cc: J. Baird - copy of By -law and all attachments BY -LAW NUMBER C.P. 100 -497 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 fourteenth day of November, A.D. 1983, is amended by: 1. Amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning a parcel of land located at 333 -335 Main Street, having an area of approximately 640 square metres (6,888 square feet) (NBGIC Numbers 370536 and 55062608) from "BR" Business Residential to "B -2" General Business 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 nineteenth day of April A.D. 1999 and signed by: ayor, the mem er of Council who preocred at the meeting at which it was enacted; and First Reading - April 12, 1999 Second Reading - April 12, 1999 Third Reading - April 19, 1999 COMMUNITY PLANNING REZONING AMENDING MAP SHEET 113 SCHEDULE "A" OF THE ZONING BY -LAW OF THE CITY OF SAINT JOHN o a c � y J� sT �� RFFT o CID s�'�FFT MET cA(F ST P S OJT MAIN 0 S71 FROM TO BR Business Residential B -2 General Business Applicant: Dennis Cormier Date Drn.: April 14, 1999 Location: 333 -335 Main Street Drn. By: T. Duke Recommended by P.A.C.: April 7, '1999 File No.: 06N -88SW Enacted by Council: 55062608 Filed in Registry Office: 00370536 DRAFT BY -LAW NUMBER C.P. 100* 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 fourteenth day of November, A.D. 1983, is amended by: 1. Amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning a parcel of land located at 333 -335 Main Street, having an area of approximately 640 square metres (6,888 square feet) (NBGIC Numbers 370536 and 55062608) from "BR" Business Residential to "B -2" General Business 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. 1999 and signed by: *, the member of Council who presided at the meeting at which it was enacted; and Common Clerk First Reading - April 12, 1999 Second Reading - April 12, 1999 Third Reading - PROPOSED ZONING BY -LAW AMENDMENTS 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 on Monday, April 12, 1999 at 7:00 p.m., by: A. RE: 333 -335 MAIN STREET Rezoning a parcel of land located at 333 -335 Main Street, having an area of approximately 640 square metres (6,888 square feet), also identified as being NBGIC #370536 and 55062608, from "BR" Business Residential to "B -2" General Business. REASON FOR CHANGE: To allow for a greater variety of commercial businesses; including a second -hand store and a used furniture store in the former Hoffman's building. B. RE: 556 WOODWARD AVENUE Rezoning an area of land located at 556 Woodward Avenue, having an area of approximately 1.5 hectares (3.6 acres), also identified as being NBGIC #55050819 and a portion of #55101729, from "RSS" One Family Serviced Suburban Residential to "R -1A" One Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To carryout a new phase of Cedar Point Estates Subdivision with fully serviced lots ranging in area from 656 square metres (7,061 square feet) to 1850 square metres (19,914 square feet) for the deveiopment of one - family dwellings. C. RE: 109 BOARS HEAD ROAD Rezoning an area of land located at 101 Boars Head Road, having an area of approximately 4500 square metres (48,439 square feet), also identified as being a portion of NBGIC #55089940, from "R -1 B" One Family Residential to "R -2" One and Two Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the construction of one and two - family dwellings. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of the Planning Department, 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. PROPOSED ZONING BY -LAW AMENDMENTS 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 on Monday, April 12, 1999 at 7:00 p.m., by: NA. RE: 333335 M]A19VUM. Rezoning a parcel of land located at 333 -335 Main Street, having an area of approximately 640 square metres (6,888 square feet), also identified as being NBG1C #370536 and 55062608, from "BR" Business Residential to "B -2" General Business. REASON FOR CHANGE: To allow for a greater variety of commercial businesses; including a second -hand store and a used furniture store in the former Hoffman's building. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of the Planning Department, 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. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: Common Clerk's Office Contact: Mary Munford Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (ETG = Evening Times Globe; T -J = Telegraph Journal) X ETG City Information AD Date(s): Tuesday, March 16, 1999 Tuesday, April 6, 1999 C] ETG Independent Placement Date(s): 13 ETG Classifieds Date(s): C1 T -J Independent Placement Date(s): 0 T -J Classifieds Date(s): INFORMATION FOR AD (Boldface anything you want Bold in Ad) Section Headline: I3 Tender(s) 71 Proposals(s) X Public Notice(s) 0 Mayor's Message 0 General Notice(s) Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford Common Clerk Contact: I Telephone: (506) 658 -2862 Office of the Common Clerk March 11, 1999 Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Saint John New Brunswick Canada E2L 4L1 Mr. Dennis G_ Cormier 130 Riverhill Drive Saint John, NB E2M 4T7 Dear Sir: At a meeting of the Common Council, held on the 8th instant, the following resolution was adopted, namely:- " RESOLVED that the application of Dennis G. Cormier for the re- zoning of property at 333 and 335 Main Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, April 12, 1999, at 7:00 o'clock p.m_" Enclosed is a copy of the Public Notice in this regard. Yours truly, Mary L. i&nford Common Clerk MLM:sc Enc. City of Saint john Application for a Zoning By -law Amendmext `�REC,, Wo to :J M4 f Applicant Related Information Name of Applicant , 0 AZ A � r° `l, Mailing Address of Applicant - Postal Code ► --2 Vl l `"� Telephone Number Home t Business ? i u Fax Number (if any) Name of Property Owner (if different) i Mailing Address of Owner Property Information _33 Civic# Street Lot Area 0-treeet Frontage Existing Use of Property Municipal Plan Land Use Designation Amendment Requested Postal Code -705� NBGIC# Present Zoning • Change Zoning toi and/or • Text Amendment (indicate particulars) NM 4 1499 !per( % Application for a Zoning By -law Amendme -REM W E WED Applicant Related Information Name of Applicant �`��/"✓ � 5 �' �" �� ` � Mailing Address of Applicant Postal Code r^-2 Telephone Number Home Busines L7JC Fax Number (if any) Name of Property Owner (if different) r Mailing Address of Owner Property Information 3 _-3 ion i J .J Civic# Street Lot Area Street Frontage Existing Use of Property - --R ' i �� Municipal Plan Land Use Designation Amendment Requested Present Zoning " ftl-dhange Zoning to% �- and/or ❑ Text Amendment (indicate particulars) Postal Code �5• NBGIC# FMCWW act" amw own 10 4 1999 0 "'Or Skiff. 174 Development Proposal Description of Proposal aaaLtc LJ-, : n, •�� y�W� ��pwai. fou 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. Provide reasons why this amendment should be approved L. Provide any other information about .wckK i� rnnncal that ...id T— Signature of PMnlicant 0 $400 Application Fee Enclosed If yoir are not the owner of the land in question please have the own"n below. The signature from the owner is authorizing this application to proceed for consideration by Common Council. Signature of Owner (if applicable) Dafe` a,A1 %4;� i t l.J 5 Ll • %-490+- 490000b I t 4 :,Dboro sgl:&;;rw • t .. w�e�N 40 % q4 ; ol Poe^ • • I �. /: 1J mob t Building and Technical Services Department February 25, 1999 Mr. Dennis Cormier 130 Riverhill Drive Saint John, N.B. E2M 4T7 Wm. Edwards, DEng. Manager Y.O. Box 1971 Saint John New Brunswick Canada E2L 4L Dear Sir: FIRST NOTICE Re: 335 Main Street, N.B.G.I.C. 370536 506 658 -2911 Fax 506 632 -6199 [:' ki PIP, City of saint John The above mentioned property is being used as a second hand store and is in violation of the Zoning By -Law of the City of Saint John. Such activity must immediately cease. The property is situated in a `BR" Business Residential Zone which is not permitted in this zone. You may apply for a rezoning of the property from `BR" to `B -2" General Business, which would permit a second hand store subject to the review of the Planning Advisory Committee. An application for rezoning is enclosed. If you have any questions regarding this matter please contact either Mr. Mark O'Hearn, Planning Officer at (506) -649- 6075 or Mr. Jinn Baird at (506)- 649 -6072-. I will check the property on March 11, 1999 to confirm compliance. Regards, r� Rick ties Assistant Building Inspector RJ/he Planning Advisory Committee OPEN SESSION April 8, 1999 Your Worship and Councillors: SUBJECT: Rezoning Application 333 -335 Main Street P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 s1 City of Saint John On March 8, 1999 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 7, 1999 meeting. The applicant appeared at the meeting and indicated he was in agreement with staff's recommendation. No other person appeared at the meeting regarding this matter and one letter in favour of this application was received (see attached). The Committee adopted staff's recommendation as stated below. RECOMMENDATION: That Common Council rezone a parcel of land located at 333 -335 Main Street, also identified as NBGIC numbers 55062608 and 370536, from `BR" Business Residential to `B -2" General Business. Respectfully sur~ =' &-' 4Z" Zigh, 5 Brian C Chairman CL/ Attachments Community Planning DATE: TO: FROM: FOR: Jim Baird MCIP P.O. Box 1971 506 658 -2835 Manager Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4L1 SUBJECT: Name of Applicant: Name of Owner: Location: NBGIC: Municipal Plan: Zoning: Proposal: Type of Application: APRIL 1, 1999 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING MEETING OF APRIL 7, 1999 City of Saint John Dennis Cormier Dennis Cormier 333 -335 Main Street 55062608 and 370536 District Centre Existing: "BR" Business Residential Proposed: "13-2" General Business To allow for a greater variety of commercial businesses, including a second -hand store and a used furniture store. Rezoning Dennis Cormier Page 2 333 -335 Main Street April 1, 1999 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. The Committee's recommendation will be considered at a public hearing on Monday, April 12,1999. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land located at 333 -335 Main Street, also identified as NBGIC numbers 55062608 and 370536, from `BR" Business Residential to "B -2" General Business. INPUT FROM OTHER SOURCES: Engineering has no objection to the proposed rezoning application. Building and Technical Services has submitted the following comments. The owner of the subject property made application for a "change of use" permit on July 31, 1998 to include a Used Goods shop, a repair shop and a showroom. The Development Officer denied this permit application. Enforcement for the illegal use of the property for a used furniture store has been held pending the decision for the rezoning application. ANALYSIS: Proposal The applicant has operated a used furniture store at this located without approval by the City. This has been an enforcement issue with Building and Technical Services since August 1998. As a result of enforcement proceedings, the owner of the subject property, Mr. Dennis Cormier, is requesting to rezone the property from "BR" Business Residential to `B -2" General Business to allow for a greater variety of commercial businesses, including a second -hand store and a used furniture store. Dennis Cormier Page 3 333 -335 Main Street April 1, 1999 Site and Neighbourhood The subject property is located in the City's North -End, on the north side of Main Street. The property is commonly known as the "Hoffman's Building" property. The building occupies the full street frontage that results in no available on -site parking. Parking is provided on the street. This portion of Main Street between Adelaide Street and Lansdowne Avenue which is approximately 675 feet in length, contains a wide variety of commercial, institutional and residential uses. A church is located at the corner Lansdowne Avenue and Main Street. Also included in this area are a bank, two convenience stores, laundromat, barber shop, take -out restaurant, and a roofing business office. Residential units are typically located on the upper floors of these buildings. In 1981, Council rezoned a number of properties that contained institutional uses to "IL -1" Neighbourhood Institutional and "IL -2" Major Institutional. One of the properties rezoned was the parcel that once contained a fire station at 298 -300 Main Street. In 1994, this property was rezoned to "B -2" General Business to permit a variety of commercial uses. North End Neighbourhood Secondary Plan In 1978, Common Council adopted the Land Use Plan for the North End Neighbourhood Secondary Plan as an amendment to Schedule 2A of the Municipal Plan. The Plan designation for this section of Main Street was Mixed Use. As a result of the adoption of this, Council also considered a number of Zoning By -law amendments that would bring the zoning of a number of properties into conformity with the Secondary Plan. Included with these amendments is the area along Main Street where the subject property is situated. In 1978, Council rezoned these properties from `B -2" General Business to `BR" Business Residential. During this time, staff and Council were attempting to address the shopping needs of local residents and for future re- development of this area. To alleviate concern regarding total business development for this area, rezoning to `BR" appeared to be the solution. This zone category provides for commercial business on the ground floor with residential units above. This would provide the required commercial shopping facilities while retaining the residential character. Dennis Cormier Page 4 333 -335 Main Street April 1, 1999 Rezoning The applicant is requesting the rezoning of the subject property in order to allow for a greater variety of commercial uses than is permitted in the `BR" zone. The Municipal Development Plan was updated and adopted by Council in February 1998. This Plan update defined the Lansdowne District Centre designation in the North End to include: Metcalf Street, Fairville Plaza, Zellers (formerly Sears) Sobey's and both sides of Main Street in the block west of Douglas Avenue. The Plan update has identified this area as part of the District Centre for the North End. It is envisioned that this section of Main Street will take on a greater role in providing the commercial needs for area residents. Commercial development on the main levels of the buildings with the residential units above is still a valid objective. It appears that most commercial businesses do not wish to be located in the upper floors of these buildings. The restriction of the `BR" zone that limits commercial uses to the ground floor no longer appears to be needed. Rezoning the subject property to `B -2" General Business would be supported by the Municipal Plan. Approval of the rezoning to `B -2" General Business is recommended. -,OMMUNITY PLANNING 216+ 101 106 �41 93 LU 100 • 47 w 92 89 Of 21 :19 5 03 21 21 r a B1 • • LL1 10400�49w•a 0 41 NR 74 174 �/� _.r 80 S C 55 • M- w 74 72 �rwr r4 66 Q 66 :r�r�rwr�• j - 56 _ I tit 64 1 ?23 M2729'IM4; 23 47 11 t.mr�0wl 3_ 129 _3 139 213 23 237 1q1 24 2 5 5 n�ET` 14 24'. 253 LACF STREET TIT 0 210 24: 24d 250 �sr 299 1 U19 J47 '333 �r••* MAIN STREET ;--l- Subject Subject Site: Address: 333 -335 Main Street Map Number: 06N -88SW Date: March 9, 1999 Scale: N.T.S. I, f. • 1 V • 2 .w J fr/ 2tT 1 �y -,IL— 365 ` 369 375 : �r�•Mrr�rr` NSGIC Number (s): 00370536 55062608 156 • i78190�8•, • �•�' • 3 4 ` 18 � • Z8 • • 4 • 17 X13 1a • ,e ,11 4 : , ' 2� 27 2, • Nrrr�ra 206 210 222 3G 23 236 3925 • 1 5 2E 26 27 Z74 212 214 r12 • 1 5 262 26 272 276 M2729'IM4; 23 47 11 t.mr�0wl 3_ 129 _3 139 213 23 237 1q1 24 2 5 5 n�ET` 14 24'. 253 LACF STREET TIT 0 210 24: 24d 250 �sr 299 1 U19 J47 '333 �r••* MAIN STREET ;--l- Subject Subject Site: Address: 333 -335 Main Street Map Number: 06N -88SW Date: March 9, 1999 Scale: N.T.S. I, f. • 1 V • 2 .w J fr/ 2tT 1 �y -,IL— 365 ` 369 375 : �r�•Mrr�rr` NSGIC Number (s): 00370536 55062608 17co o It. ga:ifi to n , Ztd- 240 METCALF STREET SAINT JOHN, NEW BRUNSWICK E2K I K6 (506) 634 -9590 March 23, 1999 City of Saint John Community Planning P.O. Box 1971 Saint John, N.B. E2L 4L 1 Re: Rezoning Application 333 -335 Main Street Dear Sir/Madam: 4 14T i p RECEIVED NA1i 2.5 As a neighbouring property owner, I am in favour of the application by Mr. Dennis Cornier for rezoning of the property located at 333 -335 Main Street, Saint John, N.B., from Business Residential to B -2, General Business. Any business generated in the North End, is certainly a welcome addition to the City of Saint John. Yours truly, FLOOR FASHIONS TD. P. ichael Banks /cg P.M. BANKS, PRES. "Where Quality Costs A Little Less" N. M. BANKS, VICE -PRES. Planning Advisory Committee OPEN SESSION April 8, 1999 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 City of Saint John SUBJECT: Subdivision Assent, Cash -in -lieu of Land for Public Purposes, and Authorization of a City/Developer Subdivision Agreement 556 Woodward Avenue On March 8, 1999 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 7, 1999 meeting. The consultant, Mr. Gerry Roberts of Kierstead Quigley and Roberts Limited, appeared before the Committee and expressed support for the staff recommendation. Mr. Peter Gaulton of 9 Cedarwood Drive also appeared before the Committee, and expressed some concerns regarding the proposed subdivision. In particular, Mr. Gaulton suggested that Lots 1 and 2 be developed in a similar manner as the other properties in the Cedar Point Estates Subdivision. The resident also indicated that the existing mailbox in front of proposed Lot 2 would have to be relocated. Staff indicated that this matter would be resolved between the Developer and Canada Post. No other presentations were made at the meeting, but three letters were received from area residents. After considering the matter, the Committee resolved to revise the staff recommendation to incorporate the concerns raised. Common Council has already considered the Committee's recommendation for rezoning and the suggested Section 39 conditions submitted in an earlier report. Planning Advisory Committee April 8, 1999 Page 2 The revised recommendation is setout below for your convenience_ The Committee also recommended the approval to the rezoning which has already been considered, and granted the necessary variances and proposed street name as outlined in the attached report. RECOMMENDATION: 1. That Common Council assent to one or more subdivision plans, in one or more phases, for the attached photo- reduced tentative subdivision plan, including the proposed public street and to any required municipal services or public utility easements. 2. That Common Council accept a cash -in -lieu Land for Public Purposes dedication for the proposed subdivision. 3. 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. Respectfully submitted, /�_ Zimngharn .0 Brian C Chairman / ITC71 Attachments Community Jim Baird MCIP P.O. Box 1971 506 658 -2835 Planning Manager Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4L1 DATE: APRIL 1, 1999 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING FOR: MEETING OF APRIL 7, 1999 SUBJECT: city of Saint John OVUA�n Mark O'Heam Planning Officer Name of Applicant: Cedar Point Estates Limited Name of Owner: Cedar Point Estates Limited and the City of Saint John Location: 556 Woodward Avenue NBGIC: 55050819 and 55101729 (portion thereof) Municipal Plan: Low Density Residential Millidgeville Secondary Plan: Development Area C: Cedar Point Zoning: Existing: "RSS" One Family Serviced Suburban Residential Proposed: "R -IA" One Family Residential Proposal: To rezone the subject lands in order to carryout a new phase of Cedar Point Estates with fully serviced lots. Cedar Point Estates Subdivision, Phase 15 556 Woodward Avenue Type of Application: Page 2 April 1, 1999 Rezoning, Subdivision, and Variances that would: (a) reduce the minimum separation distance between street rights -of -way from 60 metres (200 feet) to approximately 28 metres (92 feet) and 49 metres (161 feet); (b) reduce the cul -de -sac circular turnaround diameter standard of 37.5 metres (124 feet) to approximately 30 metres (100 feet); (c) allow Lots i to 3 to be developed without municipal storm, concrete curbing, or sidewalk; (d) allow the proposed cul -de -sac street to be developed without a concrete sidewalk; and (e) JURISDICTION OF COMMITTEE: allow a City -owned parcel of land to be created without having street frontage. The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council on proposed amendments to the City of Saint John Zoning By -law. The Committee's recommendation will be considered by Common Council at a Public Hearing to be held on Monday, April 12, 1999. The Act also authorizes the Committee to advise Common Council on the approval of subdivision developments, including the acceptance of cash -in -lieu of Land for Public Purposes dedications, the assent of new public streets and easements. In addition, the Committee is authorized to grant reasonable variances from the requirements of the Subdivision By -law. Conditions can be imposed by the Cedar Point Estates Subdivision, Phase 15 Page 3 556 Woodward Avenue April 1, 1999 Committee. The Subdivision By -law authorizes the Committee to name new public streets STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone an area of land located at 556 Woodward Avenue, having an area of approximately 1.5 hectares (3.6 acres), also identified as being NBGIC #55050819 and a portion of #55101729, from "RSS" One Family Serviced Suburban Residential to "R -IA" One Family Residential, subject to a resolution pursuant to Section 39 of the Community Planning Act that would require the driveway of Lot 7 to be constructed and maintained in accordance with a site plan approved by the Chief City Engineer. 2. If and when third reading to the rezoning is given, that Common Council assent to one or more subdivision plans, in one or more phases, for the attached photo - reduced tentative subdivision plan, including the proposed public street and to any required municipal services or public utility easements. 3. That Common Council accept a cash -in -lieu Land for Public Purposes dedication for the proposed subdivision. 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. 5. That the Planning Advisory Committee grant the following variances from the requirements of the Subdivision By -law that would: (a) reduce the minimum separation distance between street rights-of-way from 60 metres (200 feet) to approximately 28 metres (92 feet) and 49 metres (161 feet); (b) reduce the cul -de -sac circular turnaround diameter standard of 37.5 metres (124 feet) to approximately 30 metres (100 feet); (c) allow Lots 1 to 3 to be developed without municipal storm, concrete curbing, or sidewalk; Cedar Point Estates Subdivision, Phase 15 Page 4 556 Woodward Avenue April 1, 1999 (d) allow the proposed cul -de -sac street to be developed without a concrete sidewalk; and (e) allow a City -owned parcel of land to be created without having street frontage. 7. That the Planning Advisory Committee approve the name "Amelia Cotwe' for the proposed new cul -de -sac street. INPUT FROM OTHER SOURCES: Engineering supports the proposed manner of development for Lots 1 to 3 (i.e., overhead utilities and open ditching), which would be similar to the other lots within the Cedar Point Estates Subdivision. The curb and sidewalk on Woodward Avenue must be extended to the edge of the asphalt of Cedarwood Drive. Engineering has expressed concern regarding the driveway access for proposed Lot 7. In particular, Engineering would like a condition requiring any driveway to be as far away from the intersection as possible to ensure adequate sight distances. Building and Technical Services has no applicable comments regarding this application. Real Estate and Facility Management has advised that the City of Saint John is presently negotiating the sale of portions of NBGIC 4551.01729 to both the Province of New Brunswick and Cedar Point Estates Limited. A report from Real Estate and Facility Management will be presented to Common Council regarding this matter upon completion of these negotiations. Given that it may take some time to complete the negotiations with the Province, it is suggested that a variance be sought to allow this parcel of land to be severed and the rear portion to remain with no street frontage. Later, this portion of the parcel would be incorporated into the adjacent Provincial land which do have access to a public street. Saint John Energy has indicated that there are adequate facilities in the area to service the proposed development. Any costs associated with the new facilities will be dealt with later. Cedar Point Estates Subdivision, Phase 15 556 Woodward Avenue Page 5 April 1, 1999 NBTeI has indicated that the proposed lots along Woodward Avenue and Cedarwood Drive can be serviced by existing overhead facilities. Proposed Lots 8 to 12 will require the Developer to construct an underground conduit system to provide telephone cables. Final design of this conduit will be forwarded to the Developer when approval has been granted for subdivision. Fundy Cable has not submitted any comments regarding this matter. Parks and Recreation supports the acceptance of a cash -in -lieu Land for Public Purposes dedication for the proposed subdivision. The development is near both the Millidgeville North sports field and the Samuel de Champlain School playground. School Board has been advised of this proposed development. ANALYSIS: Site Characteristics and Nei hbourhood The subject property is bounded by Ragged Point Road, Cedarwood Drive, and Woodward Avenue in Millidgeville (see attachments). The property is 1.29 hectares (3.19 acres) in area. The site slopes immediately upwards from Woodward Avenue. This area has been owned by the Developer of Cedar Point Estates, but has remained separate and undeveloped. In the past, the Developer has used the area for short-term stock piling of fill material. The property is surrounded by two residential developments: Cedar Point Estates with approximately 109 serviced lots, and Park Lane Estates, on the opposite side of Woodward Avenue, with 8 residential lots (with the possibility of 17 more lots in future phases). The Centre Samuel de Champlain is located to the northwest, and the Millidgeville North School is to the north on the opposite side of Ragged Point Road. There are one - family dwellings along the southside of Boars Head Road, and a senior care facility and church directly on the opposite side of the street intersection. Development Proposal The Developer of Cedar Point Estates is now preparing to develop the subject property. Given the fully- serviced nature of the developing Park Lane Estates Subdivision across the street, the applicant is seeking permission to undertake a Cedar Point Estates Subdivision, Phase 15 Page 6 556 Woodward Avenue April 1, 1999 new phase of Cedar Point Estates with fully serviced lots ranging from 656 square metres (7,061 square feet) to 1850 square metres (19,914 square feet). Two parcels comprise the area of land. The City of Saint John presently owns one of these parcels, which was the former Cedar Point Road (undeveloped). Common Council has given permission to have a portion of this City -owned parcel (Parcel "A ") considered in this application. Subject to City approval, this portion of the parcel is expected to be conveyed to the Developer and become part of proposed Lots 7 to 1 (see attachments). The remainder of this parcel is anticipated to be conveyed to the Province at a later date. A variance is being sought that will allow this parcel to be severed and remain with no street frontage. Staff can support this variance given the circumstances. Municipal Plan _(Millid eville Seconds Plan Policies The Municipal Development Plan has designated the subject area as Low Density Residential. In 1989 the City adopted the Millidgeville Secondary Plan to provide objectives and policy statements for guiding development in Millidgeville. The Secondary Plan encourages the construction of high - quality residential environments, ensuring that the design of housing projects are aesthetically pleasing and consistent with the surrounding land uses. The subject lands are situated in Development Area C: Cedar Point. The Secondary Plan encourages a high- quality environment with executive -style housing on larger serviced lots. These objectives have been realized in the developing Cedar Point Estates Subdivision that began in 1986. The Plan includes the provision of landscaped swales and open ditches for storm water drainage, adequate buffers for the surrounding institutional uses, and the preservation of view planes and watercourses. Rezoniniz Re uest The proponent is seeking permission to rezone the subject area from "RSS" One Family Serviced Suburban Residential to "R -IA" One Family Residential. The "R -IA" zone requires a minimum lot area of 650 square metres, a minimum lot width of 21 metres (69 feet), and a minimum lot depth of 30 metres (100 feet). Cedar Point Estates Subdivision, Phase 15 556 Woodward Avenue Page 7 April 1, 1999 The proposed lots can exceed these Zoning By -law standards. In fact, the average area for the new lots is 1067 square metres (11,485 square feet). In comparison, the "RS S" zone requires a minimum lot area of 1400 square metres (15,070 square feet), and the "R -1B" zone requires a minimum lot area of 460 square metres (4,952 square feet). The proposed subdivision would result in the creation of large residential lots providing a transition from the smaller lots across the street (Park Lane Estates) and the larger lots within Cedar Point Estates. There is sufficient lot area to accommodate the construction of large, modern dwellings envisioned by the Secondary Plan. Given the compatibility of the proposal with the Secondary Plan policies and surrounding neighbourhood, the requested rezoning to "R -IA" One Family Residential can be supported. A Section 39 condition has been recommended. This condition relates to the construction of the driveway for Lot 7, and will ensure that the driveway is constructed and maintained as far as possible from the adjacent street intersection. Subdivision Design and Variances Under the proposed new zoning, the twelve -lot project would be developed with full City services (i.e., municipal sewer, water, and storm), concrete curbing and sidewalk (proposed only along Woodward Avenue), and underground public utilities (i.e., electricity, telephone, and cable television) for Lots 8 to 12. The Subdivision By-law permits Lots 1 to 7 to be serviced by existing overhead facilities. In comparison, Cedar Point Estates was developed under the present "RSS" zoning. While the Subdivision By -law requires municipal sewer and water, storm water is facilitated by open ditching (without curbing or sidewalks), and public utilities are provided by overhead wires. This manner of development is a permanent feature of this subdivision, and was specifically designed in the mid 1980s to provide a similar style of development that was being experienced in outlying communities. This manner of development also addressed the additional costs associated with the rocky topography of the Cedar Point area. The proposed subdivision attempts to provide a transition from the fully serviced development across the street, while reflecting some of the characteristics of Cedar Point Estates. Specifically, Lots 1 to 7 along Cedarwood Drive and Woodward Avenue would utilitize the existing overhead public utilities. In Cedar Point Estates Subdivision, Phase 15 556 Woodward Avenue Page 8 April 1, 1999 addition, the open ditching along Cedarwood Drive would facilitate storm water management for Lots 1 to 3. The interior lots (Lots 8 to 12) would be serviced with underground public utilities, storm sewer, and curbed with continuous concrete. This manner of development can be supported. Similar to other recent developments involving short cul -de -sac streets, the Developer is requesting that the turnaround diameter be reduced to only 28 metres (92 feet), and that no sidewalk be required. Engineering has no objection to these requests. Consistent with other developments, approval of these variances can be supported. In regards to sidewalk construction, the Developer is still responsible to construct a concrete sidewalk along Woodward Avenue. Finally, the location of the proposed new street is only 28 metres (92 feet) from the future street (Carol Anne Crescent) in the Park Lane Estates Subdivision, and only 49 metres (161 feet) from the Ragged Point Road -Boars Head Road intersection. The Subdivision By -law requires a minimum separation distance of 60 metres (200 feet). Given the close proximity of these other streets, any new public access for the subject area cannot be located in a manner to satisfy the By -law standard. This was realized when a variance was recommended and approved by the Committee in 1996 to allow Carol Anne Crescent to only be 25 metres (82 feet) from Cedarwood Drive. Engineering has reviewed this matter and has no objection. Given the good site distances, and that only five residences would be using this new street, approval of this variance can be supported. It should be noted that a suggestion has been made by an area resident that the new road should be located in the vicinity of Lot 4 directly across from the future street. While street intersections below the By -law standard are not encouraged, this alternative suggestion would result in the new street only being 27 metres (89 feet) from Cedarwood Drive, which is always expected to be a much more heavily used local street than Carol Anne Crescent (even when the rear lands are developed). The recommendation includes the necessary subdivision assents and authorization for a City/Developer Subdivision Agreement to ensure provision of the required work and facilities. Cedar Point Estates Subdivision, Phase 15 Page 9 556 Woodward Avenue April 1, 1999 Land for Public Purposes The Subdivision By -law requires a Land for Public Purposes dedication for this residential subdivision. Specifically, the By -law requires a land dedication of six (6) percent of the subject lands (excluding street area). At the discretion of Common Council, a cash -in -lieu dedication can be accepted. Given the relatively small area of the property, the Developer is seeking a cash -in -lieu dedication. Parks and Recreation can support this form of dedication, since there are recreational opportunities nearby (i.e., school playgrounds and sports fields), and opportunities to develop additional parkland within Cedar Point Estates. Street Naming The Developer originally proposed to name the new cul -de -sac street "Michael Court." After careftil review, Civic Addressing has determined that the name "Michael" has been used for another street in the region. The applicant has recently submitted a new name, "Amelia," for consideration. This name is different in both sound and spelling from existing street names, and, therefore, is recommended for approval. CONCLUSION: The Developer is seeking permission to rezone the subject lands from "RSS" One Family Serviced Suburban Residential to "R -1 A" One Family Residential. The purpose of this request is to allow for a fully serviced residential development with lot areas below the "RSS" zone standard. This application depends on the acquisition of a narrow City -owned parcel in the rear. The proposal can satisfy the Secondary Plan policies and would be compatible to the surrounding area. The necessary variances related to this project are reasonable and consistent with other previously approved developments, and, therefore, can be supported for approval. The requested rezoning, subdivision approvals, and variances can be recommended for approval. i o Q ' oat � � ad boa Lot v V/ a L O 1 I Qv 4 W Lot c v s � v d Lot 0 Future �o' i 1�5 Aq Ory D_ &-X_1 -971 -- -- -- - - = - ='- - - - -- - -= - Iq 777 If IV `l�� = �� -C'SEl� �'r9A�' o�n�' �TA��S J U�� /_�rf /oi✓ /1/3'y-e, IS--' eanV fa c✓ A tai, ✓('i✓ ✓?� �ES�ot ti✓ I f'/E ��A�< �ai.✓i /�i� /L�'c� f�i�K aNp wrweC I �� D i rr(c,11- i f K ✓ f7lC 4(-s, l o. A 7S- cc F ,��- �o �U_� /�1�-�i «I� NO 7� % o % /��' .5/�: n/r �ly, / /�Z �e AEG i✓ � /��'! .��" /it/� I /✓� �f'% /S � ��D (ice �.T -75_T�c' �.�c i •G/✓t % �v,'i i,l�� OW sloe 9 tie AIC- K r,✓t ):s �SS� I::- Tie 2,oC / ✓(II 5 i Wf r %W-e- . 6� W©i �,✓ d fi°�i lea /f0 Lt/ 14ev /i✓i,!� r!-lf jlz C/�4_ ,. .• s. s 61X ,c I Peter & Nancy Gaulton P.O. Box 2608 9 Cedarwood Drive Saint John, N.B. RECENED E2L 4S8 506 - 634 -7609 APR 6 �Y April 5, 1999 Planning Advisory Committee City Of Saint John P.O. Box 1971 Saint John, NB E2L 4L 1 Dear Committee Members: Re: Proposed Cedar Point Estates Subdivision - Phase 15 556 Woodward Avenue SA I am writing to the committee in order to voice my objections to the proposed subdivision. My wife and I live on Cedarwood Drive immediately across from the proposed subdivision. We have lived in our house for approximately nine years. Before we had our house built in 1990, I checked to ensure that the zoning for the land where the subdivision is proposed was the same as the land I was building on to ensure that I would not be faced with any surprises down the road. The land in question was part of the original Cedar Point development and the entire development was zoned RSS. The land has sat undeveloped for years because the developer has chosen to use it for other than residential purposes (equipment storage, stock piling of soil and a gravel pit of sorts). I believe that the present zoning should be kept and the land developed as originally intended. I am very much in favor of the land being developed, however, on a basis consistent with the adjacent properties. At the very least, the lots fronting on Cedarwood drive should be developed on a basis consistent with the adjacent existing lots on that street (per the RSS zoning). I also want to point out that the development plan nor the staff report address the issue of the location of postal boxes. Presently, the postal boxes for the existing subdivision are located on proposed lot #2. Thank you for taking the time to consider my objection. Yours truly, Peter G. Gaulton APR -07 -1999 07 =5? JD IRVING 15066325119 P.02/03 JACQUES POITRAS & CELINE TANGUAY _ 565 WOODWARD AVENUE SAINT JOHN, NEW BRUNSWICK E2K 5K1 506.634 -8499 Members of the Planning Advisory Committee Ref.: The zoning of 556 Woodward Avenue Dear Members of the Planning Advisory Committee, April 7, 199tT��4 RECEIVED APR 7 1999 In this letter, I would like to explain my position regarding the propose zoning of 556 Woodward Avenue. Having lived in the Park lane Estates Subdivision for over two years, t have admired Mr. Blanchard's (and Cedar Point Estates Limited) ability to develop this part of town fulfilling their responsibilities to make sure everything meets standards and is secure. I am happy to see Cedar Point Estates Limited pursuing the development with this phase 15 proposal_ After careful review of the document, l am expressing concern regarding the street location, since it will be facing my property. 1- According to my calculation, the proposed street will be located 12 meters facing my property (Park Lane Estates Lot 3) and 3 meters facing my neighbor's property (Lot 2). Currently, there is an hydro -pole located near the middle of the propose street. No where in the document are you addressing the issue of moving this hydro- pole, and where it would be moved. 2- 1 agree with you when you are stating that the traffic on this propose street should not be too heavy. Still, 1 would prefer no traffic at all if possible. A remark was made to have the propose street in the vicinity of the Lot 4, across from the future street. if you are to allow a variance between streets location, this should also be considered. APR-07 -1999 07 :57 JD IIRUING JACQUES POITRAS & CELINE TANGU,AY 565 WOODWARD AVENUE SAINT JOHN, NEW BRUNSWICK E2K SKI 506. 634.8491 15066325119 P.03/03 3- Another option that should be look into, is the possibility of having the entrance to the subdivision via Ragged Point. This would allow for 5 lots on Woodward Avenue, 3 lots on Cedar Point Drive and 4 lots in a proposed street for a total of 12 lots. Part of the traffic would be re- routed on bagged Point. 4- If the propose street was to stay at this location, can I have the assurance that this new street will be at the same level as Woodward Avenue. By this I want to make sure that the new street will not be a hill like Cedar Point Drive. As I mentioned earlier, I am please to see that the development will continue. In addition, the curbs and sidewalk on each side of Woodward Avenue, and the elimination of the ditch along the street will improve security. Overall, I support the proposal of rezoning 556 Woodward Avenue, but I would like to see these options analyzed before giving final approval. Sincerely, Jacqu s Poi as TOTAL P.03 SaimJohn Aer E.R. Bates R.A. Burpee P.Eng. M.L. Munford Comrnissioners Chairman General Manager Secretary G.W. Bate G.E. Graham E.A. Hickey The Poorer Commission cf the City of SainL John 239 Charlotte Street - AO Box 850 - Saint John - Nt3 - t eL 4l. April 12, 1999 Her Worship Mayor Shirley McAlary Members of Common Council Your Worship and Councillors: Re: 1998 -1999 Christmas Decorative Li htin Pro am At the meeting of the Board of Commissioners held on November 10, 1998 it was RESOLVED that Saint John Energy provide the full cost of the 1998 -1999 Christmas Decorative Lighting Program and that it be reviewed on an annual basis. This Commission has recently completed the installation and removal of the Christmas Decorative Lighting and the total overall cost of this project, which will be funded by The Power Commission of the City of Saint John, was $50,419.19. RAB /dd Res ectfuliy submitted, Rich rd A. Burpee, P- Eng. General Manager A R 4 " tel [5061658-5252 - fax (506) 658 -Oa68 a -mail sienergyCbnbnet.nh.ca ,~. FUNDY...... Region Solid Waste Commission Memorandum To: City of Saint John Town of Rothesay Town of Quispamsis Town of Grand Bay - Westfield Town of Hampton Village of St. Martins Minister of Municipalities & Housing Minister of the Environment From: Stephen Chase, Chairman Waste Diversion Committee, FRSWC Date: April 9, 1999 Subject: Progress on Fundy Region's Recycling Program I am writing to report progress on the Fundy Region's Recycling Program. The 1999 Budget which the Commission approved includes the start up of the Regional Recycling Program, in which residents will be able to recycle cardboard, box board, other papers, metal and glass containers, and #2 HDPE plastic containers. The system will see approximately 28 depots scattered throughout the Fundy Region. A number of locations have been tentatively selected, and arrangements are being sought in other areas. The general objective in selecting sites is to locate the depots at places where people gather for other reasons, such as shopping centres, institutions, and businesses where there is sufficient outdoor area to position the containers. In some cases, the Commission's staff will be discussing possibilities involving municipal properties, and may be contacting your staff members for discussions. The Commission is now in the tender call phase, with the submission deadline for proposals coming up on April 23`". Very shortly after that date, the Commission will hopefully award the contracts for the establishment of the depots. Once the contracts are awarded, we will be designing an intensive public education program which will fully inform our residents of the opportunities to recycle these Page 1 of 2 materials. Our staff will continue to carry out visits to school classrooms, service clubs, church groups, etc. to spread the word. We would of course be pleased to have someone come to one of your Council meetings to give you a briefing at that time. The system which we are proposing will be similar to that which was tried during the six month Waste Diversion Pilot Project last year. The results of the six month Pilot Project have been summarized in a report by our consultant, Acres & Associated. I am enclosing a copy of the report for each of the municipal offices and ministries. The Pilot Project response from residents was very encouraging. The feedback which we have had is that practically all people found the system to be convenient and easy to use. Some lessons were learned, which are being incorporated in the design of the systems. For example, every drop -off depot will be set up so as to be accessible to people using wheelchairs. Access to the containers, as well as the height of holes and slots through which the materials are placed, will be designed so that a person in a wheelchair can fully participate in the program. As we progress to the next stage of implementation, I will write again to bring you up to date. Yours very trul r � Chairman, Waste Diversion Committee Encl. Copy of Acres & Associated report "Fundy Region Solid Waste Commission Waste Diversion Pilot Project - Final Report" dated December 24, 1998 (Copy available in Common Clerk's Office) �oT� 11(6. � � � _Z,0 01 C 0` 33 Page 2 of 2 Mayor Shirley McAlary, Members Common Council, City of Saint John April 14, 1999 Your Worship, Members of Council: RE: Imax Theatre Proposal Since it became public knowledge that Imax interests were seeking land on Market Square South I have been very concerned with the long term implications such a development would bring. I have talked to many people from all walks of life, all ages, and the reaction is universally the same. All have expressed in strong terms, NOT THERE When the City was surveyed and laid out it allowed for King's Square, Queen Square and Market Square. Market Square, King's Square, along with the Loyalist Burial Ground, give a uniqueness to our uptown area that is admired and enjoyed by the citizens, visitors and tourists. All three are tied together in close proximity and so provide a real sense of community both visually and mentally. Regardless of the promoters lack of concern for our history, this is where our City started. From the landing of the Loyalists to modern times this area was the focal point of business. Millions of tons of goods of all kinds coming into our port, and being shipped out, passed through Market Square and the Slip. Handled by the large number of brokers and related businesses in the area and carried by scores of slovens who used this area to move these goods well up into living memory. To say that it has not been used as a "market" for a time does not open the area up for other uses. This is like saying Fort Howe, or Fort LaTour has not been used as forts so lets put the land to other uses. To use the term "so- called market place" is rather petty and defensive as it was indeed used as a market or why was it so named? The promoters are asking for a piece of land the width of Prince William to Water Street, around 90 feet, and extending North 73 feet to the anchor, thereby virtually destroying the last green area in the square. So many studies that have been filed have stressed the need to preserve and expand our open areas and here we see Council contemplating a major change to the square thereby virtually making it into just another intersection, an extension of King Street . The request to take even a foot of land is an affront to the citizens of Saint John and its rich heritage. The letter filed by counsel for Maxner, whoever they may be, to the City says that ancient maps, dating back as far as 1784, shows the area completely in line with King Street and Market Slip. How then with a simple call to the Provincial Archives did the newspaper unearth the map of 1788 clearly showing the Square area as it is today ? There was a suggestion that there was nothing to prevent the City of Saint John from conveying that parcel of land to Maxner and then going to the Legislature at its next sitting to get the City charter amended retroactive. Surely this suggestion is beyond all reason and should be rejected out of hand by the City l Any conveyance of land prior to going through proper procedures, and giving the public full and plain disclosure, is paramount to saying the citizen has absolutely no say in such a major decision. For Imax interests to use such terms as "so- called market ", "that the portion of the Charter has been abandoned ", that u no one can point to a description of this land to determine its exact boundaries" is countered by just applying the use of plain old common sense. For the promoters to use a threat to the City ( the newspapers wording) to get their way is beyond my imagination and the proposal should have been rejected then and there. This was not a highlight day in the annals of the City Council. We have so little open space in our uptown area and it must be protected. I do not think that Council has any mandate to dispose of land that belongs openly to all citizens and toss aside our heritage as meaningless. Council must tread very carefully on this request and you need only to ask the citizen on the street one question. Is this the place Imax should be located ? No one is against have Imax in Saint John but you are offering up our historic public land for the benefit of a commercial promoter. A very poor and unwise trade indeed I ask Council to stand firm and reject the proposal on that site. The Council , at the very least, giving the importance of this historic piece of land must give full public disclosure. Yours truly, f dace P. MacMurray 59 Rocky Terrace, Saint John, N.B. E2K 466 652 -4117 P mc,mft APR 15 M OP Nyr' mwft �r� T(:)v�worR,,((D))THES..--�\�-7f Incorporated 1998 13 April 1999 Mayor McAlary and Members of Common Council P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor McAlary and Council: RE: Proposed Section 39 Amendment 2435 - 2441 Golden Grove Road On behalf of Town Council, I would like to thank you and the members of Common Council for your actions in denying the proposed Section 39 amendment to the above- noted property. As you know, this property borders on property that the town of Rothesay owns, which surrounds Irwin Lake. Irwin Lake is the head pond of the Carpenter's Pond Watershed, which is the supply of water for the town of Rothesay. For this reason, we view this as a particularly sensitive property. Our opposition to the amendment should in no way be taken as opposition to industrial development in the City of Saint John. As you are aware, we have in the past and will continue in the future, to support such development. I believe our actions in this regard speak for themselves. As well, 1 would be the first person to say that Glen Carpenter is a "class act" and our opposition should in no way be seen as a lack of trust in him. Our sole reason for opposing the amendment is our sensitivity to land use within our watershed, particularly when such property is so close to the Town's sole source of water_ Once again, thank you for your support. I do hope that Glen finds a suitable property for this development. If he does, we all come out ahead. S, e , pr�ldRli' Vot #' /� / _ W_ G. Art�ss APR 15 � tl�^^ -Gtr Q�.vtl`'e(' :Mayor WGA/mjb 70 Hampton Road, Rothesay NB E2E 5L5 (506)848 -6600 Fax (506)848 -6677 E- snail: townroth@nbnbet.nb.ca m Rifle Range Residents Association Lansdowne Avenue, Balfour Street, Hydro Place, Chevron, Veterans, Roberts, Valour, Legion, Elizabeth, Memorial, Foulls, Barry and Cabot Court April 12, 1999 173 Lansdowne Avenue Saint John, N.B. E2K 4W 1 THE MAYOR AND COMMON COUNCIL City Hall Saint John, NB Dear Mayor McAlary and Members of Common Council Re: Churchill Boulevard - Sanitary Sewer, Repaving and Sidewalks It has been noted that the Churchill Boulevard sanitary sewer project is listed in the city's 1999 Capital works budget. Questions are being asked how this work, which will take a considerable period of time, will affect access to the various driveways of the Rifle Range housing development on both sides of Churchill Boulevard when the road work is underway. Reference is made to the repaving and sidewalks when the sanitary sewer work is completed. In previous correspondence, Mr. C. Robichaud, former Director of Operations, stated that Churchill Boulevard was scheduled for repaving in 1994 with new curbing and concrete sidewalks. With that work having been postponed for the past five years, the street curbing and asphalt sidewalks are in a deteriorated condi- tion. Churchill Boulevard requires a complete upgrading with new curbing and con- crete sidewalks. We wish to mention that the policy of installing concrete sidewalks has greatly enhanced the aesthetics of many streets and areas in the city. -2- We would appreciate receiving further details of the project so that the residents will be provided with the required information. Thank you for your assistance. Yours truly s - R.E. Stirling Co- Chairman Interim Committee Rifle Range Residents Association c.c.: Gail McLean, Community Affairs Officer Department of Municipalities and Housing APR 1.1 1499 V� a •., a� �, f irr�, �lr,' � r jr MsSIBILITIES 40 King Street Saint John, NB E21- 1G3 Tel: 506 -657 -4727 Fax: 506 -658 -2872 Muriel Jarvis, Chair Eileen Travis, Regional Cooperation Heather Stillwell, Youth Carolyn Cole, Quality of Life Dr. Ken Coates, Leadership Rolf Spangenberg, Tourism Gary MacKay, Transportation Bill Carson, Business Support Gregor Hope, Waterways Derek Reidle, Communications Peter Jollymore, Economic Development Strategy Tom, al April 15, 1999 Mayor Shirley McAlary and Members of Common Council CITY OF SAINT JOHN P. O. Box 1971 Saint John, NB E2L 4L 1 Dear Mayor McAlary and Common Council: It hardly seems possible that four months have passed since over 200 citizens of the Greater Saint John area gathered to imagine the possibilities for the region as we enter the new millennium. Already ten citizens of the Greater Saint John area have accepted the role of champion for each of the recommendations outlined in the "Imagine the Possibilities" report that you received in January of the year. It is with great anticipation that we look forward to a joint meeting with you, our elected representatives from each of our four area councils, to expand areas of regional cooperation for the mutual benefit of the citizens. Mayor McAlary and two members of the Saint John Common Council are therefore invited to join their fellow Mayors and Councillors from the Greater Saint John region on: Saturday, May 1, 1999 9:00 am —11:00 am Rothesay Town Hall Please RSVP 657 -4727 Sincerely, ti 1 _ Eileen Travis, unel Jarvis; Champion, Chair,,w. '- Regional Cooperation Team of Cham +711 AYR 1.5