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2016-04-04_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, April 4, 2016 5:30 pm Council Chamber Please use Chipman Hill entrance S'il vous plaft utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of March 21, 2016 1 -10 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Canadian Council of the Blind - Funding Request (Recommendation: Refer to 11 - 11 Community Grants Committee) 5.2 Removal of 100 Watson Street from Heritage Status (Recommendation: Refer to 12-13 the Heritage Development Board) 5.3 Amazeatorium - Community Grant Request (Recommendation: Refer to 14-18 Community Grants Committee) 5.4 NB Dental Society - Fluoridation of Municipal Water Systems (Recommendation: 19-33 Received for Information) 5.5 Saint John Board of Police Commissioners - Sergeant -at -Arms at Council 34-34 Meetings (Recommendation: Receive for Information) 5.6 Swanton Street Playground Committee - LPP Fund (Recommendation: Refer to 35-44 City Manager) 1 Powered BY: XI?IBE 5.7 Sculpture Saint John - Request to Present (Recommendation: Refer to Common 45-45 Clerk for Scheduling) 5.8 BeaverTails Mobile -Unit Licence Agreement (Recommendation in Report) 46-52 5.9 Public Information Session: McAllister Drive — Water Main Renewal (Phase 1 - 53-55 Westmorland Road to #402 McAllister Drive) (Recommendation: Receive for Information) 5.10 Contract No. 2016 -01: Ready Street — Watermain, Sanitary Sewer and Storm 56-58 Sewer Renewal (Recommendation in Report) 5.11 2016 Community Grant Recommendations (Recommendation in Report) 59-60 5.12 Banking Services (Recommendation in Report) 61 -63 5.13 Public Information Session: Newman Street — Watermain, Sanitary Sewer, and 64-66 Street Reconstruction (Recommendation: Receive for Information) 5.14 Minister of Transportation and Infrastructure - Partner for Route 111 from Loch 67-68 Lomond Road to the City Limit Project (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 7.1 Canadian Oncology Nursing Day - Apr 5, 2016 69-69 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 9.1 Public Hearing Presentation, PAC Recommendation and Report - 395 70-97 Manchester Avenue Zoning By -Law Amendment 9.1.1 Proposed Zoning By -Law Amendment 395 Manchester Avenue 98-103 9.2 Public Hearing Presentation and PAC Recommendation and Report - 172 City 104-151 Line Zoning By -Law Amendment 9.2.1 Proposed Zoning By -Law Amendment 172 City Line 152-173 9.2.2 Letters of Opposition 174-177 9.3 Public Hearing Presentation, PAC Recommendation and Report, and Letters 178-334 from Public - Ashburn Road /One Mile Interchange Municipal Plan and Zoning By -Law Amendment 9.3.1 Municipal Plan and Zoning By -Law Amendment Ashburn Road /One 335-356 Mile Interchange 9.3.2 Letter of Opposition Sent to Clerk's Office 357-365 2 10. Consideration of By -laws 11. Submissions by Council Members 11.1 150 Year Centennial of Canada (Councillor Merrithew) 11.2 Motion to Request Scheduling of Presentation by Hassan Arif Concerning His Dissertation Titled "The Metropolitan Problem in Greater Saint John" (Mayor Norton) 11.3 SCDWP — Local Workers (Councillor McAlary) 12. Business Matters - Municipal Officers 12.1 MC 2016 - 89 2015 Preliminary Year End Results 12.2 Sand Cove Road Slope Failure — Interim Measures 12.3 Lily Lake Pavilion Inc. 12.4 2016 Playground Rationalization Plan 12.5 Safe Clean Drinking Water — Project Agreement 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Brighten Group - People of Influence Luncheon - Request to Purchase Table 15.2 Salvation Army - Purses of Distinguished Women - Sponsorship Request 16. Supplemental Agenda 17. Committee of the Whole 17.1 City Manager Wage Increase 17.2 St. Patrick School Property 17.3 Recommended Appointments to Committees 18. Adjournment 3 366-366 367-367 .: .: 369-377 378-381 382-404 405-417 418-422 423-423 424-424 425-425 426-426 427-428 City of Saint John Common Council Meeting Monday, April 4, 2016 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Employment Matter 10.2(4)0) 1.3 Land Matter 10.2(4)(d) 1.4 Land Matter 10.2(4)(d) 1.5 Land Matter 10.2(4)(d) 1.6 Nominating Committee 10.2(4)(b) 1.7 Financial Matter 10.2(4)(c) 1.8 Legal Matter 10.2(4)(g) 1.9 Land Matter 10.2(4)(d) 1.10 FCM General Annual Conference (Councillor McAlary) 4 Ville de Saint John Seance du conseil communal de The City of Saint John Le lundi 4 avril 2016 17 h 30, Salle du conseil Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une reunion du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658 -2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en prive en vertu des dispositions prevues a I'article 10 de la Loi sur les municipolites. Le conseil /comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h — Salle de conference, 8 stage, hotel de ville 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 Question relative a 1'emploi — alinea(4)j) 1.3 Question de la terre - alinea(4)d) 1.4 Question de la terre - alinea(4)d) 1.5 Question de la terre - alinea(4)d) 1.6 Comite des candidatures — alinea(4)b) 1.7 Question financiere — alinea 10.2(4)c) 1.8 Question juridique - alinea 10.2(4)f)g) 1.9 Question de la terre - alinea(4)d) 1.10 Conference annuelle de la FCM generale (S. McAlary, conseillere) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 2. Approbation de la seance, suivie de la priere 2.1 Proces- verbal de la seance tenue du 21 mars 2016 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets S. Questions soumises a I'approbation du conseil 5.1 La demande de subvention du Conseil canadien des aveugles (recommandation renvoyee au Comite d'evaluation des subventions communautaires) 5.2 La lettre de David McCashion concernant le retrait de la designation de propriete patrimoniale accordee au 100, rue Watson (recommandation : transmise au Conseil d'amenagement du patrimoine) 5.3 La demande de subvention de I'Amazeatorium (recommandation : renvoyee au Comite d'evaluation des subventions communautaires) 5.4 La lettre regue de la Societe Dentaire du Nouveau - Brunswick concernant la fluoration du reseau municipal d'aqueduc et d'egouts (recommandation : acceptee a titre informatif) 5.5 La lettre du Bureau des commissaires de la police de Saint John a propos du sergent d'armes aux seances du conseil (recommandation : acceptee a titre informatif) 5.6 La lettre du Comite du terrain de jeu de la rue Swanton concernant le fonds de terrains d'utilite publique (recommandation : transmise au directeur general) 5.7 La demande soumise par Sculpture Saint John visant a se presenter devant le conseil (recommandation : transmise au greffier communal pour qu'il fixe une date de presentation) 5.8 M/C 2016 -081 : Contrat de licence avec I'unite mobile de Beaver Tails (recommandation : clans le rapport) 5.9 M/C 2016 -087 : Seance informative publique : Renouvellement de la conduite principale d'eau de la promenade McAllister (phase 1— Du chemin Westmorland au 402, promenade McAllister) (recommandation : acceptee a titre informatif) 5.10 M/C 2016 -085 : Contrat no 2016 -01 : Renouvellement de la conduite d'eau et des egouts sanitaires et pluviaux de la rue Ready (recommandation : clans le rapport) 5.11 Recommandations relatives aux subventions communautaires de 2016 (recommandation : clans le rapport) 5.12 M/C 2016 -073 : Services bancaires (recommandation : clans le rapport) 5.13 M/C 2016 -093 : Seance informative publique : Conduite d'eau principale, des egouts sanitaires et travaux de refection de la rue Newman (recommandation : acceptee 5 titre informatif) 5.14 La lettre regue du ministre des Transports et de ('infrastructure concernant le partenariat pour le projet de la Route 111 du chemin Loch Lomond jusqu'a la limite de la Ville (recommandation : acceptee a titre informatif) 6. Commentaires presents par les membres 7. Proclamation 7.1 Journee des soins infirmiers en oncologie du Canada - 5 avril 2016 8. Delegations et presentations 9. Audiences publiques —18 h 30 9.1 Audience publique relative au rapport et a la recommandation du Comite consultatif d'urbanisme — Modification de I'Arrete de zonage du 395, avenue Manchester 9.1.1 Projet de modification de I'Arrete de zonage du 395, avenue Manchester 9.2 Audience publique relative au rapport et a la recommandation du Comite consultatif d'urbanisme — Modification de I'Arrete de zonage du 172, City Line 9.2.1 Projet de modification de I'Arrete de zonage visant le 172, City Line 9.2.2 Lettres d'opposition 9.3 Audience publique relative a la recommandation et au rapport du Comite consultatif d'urbanisme et de lettres du public — Modification du plan municipal et de I'Arrete de zonage visant le chemin Ashburn /1'echangeur One Mile 9.3.1 Modification du plan municipal et de I'Arrete de zonage visant le chemin Ashburn /1'echangeur One Mile 9.3.2 Lettre d'opposition envoyee au bureau du greffier communal 10. Etude des arretes municipaux 11. Interventions des membres du conseil 11.1 Celebration des 150 ans de la Confederation (conseiller Merrithew) 11.2 Proposition visant a faire la demande d'une presentation par Hassan Arif relativement a sa dissertation intitulee « Le probleme de la region metropolitaine du Grand Saint John » (maire Norton) 11.3 Projet Eau potable saine et propre — Travailleurs locaux (conseillere McAlary) 12. Affaires municipals evoquees par les fonctionnaires municipaux 12.1 MC 2016 -89 Bilan preliminaire de fin d'exercice de 2015 12.2 Affaissement de la pente du chemin Sand Cove - Mesures provisoires 12.3 Lily Lake Pavilion Inc. 12.4 Plan de rationalisation relatif aux terrains de jeux de 2016 12.5 Projet Eau potable saine et propre —Accord relatif au projet 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. Correspondence generale 15.1 Brighten Group — Diner des gens d'influence — Demande d'achat d'une table 15.2 Armee du Salut - Sacs a main de femmes exceptionnelles — Demande de commandite 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Augmentation salariale du directeur general 17.2 Propriete de I'ecole St. Patrick 17.3 Nominations aux comites 18. Levee de la seance 100 - Council Minutes- Regular Meeting March 21, 2016 MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN MARCH 21, 2016 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor M. Norton Deputy Mayor S. Rinehart Councillor B. Farren Councillor S. Fullerton Councillor G. Lowe Councillor J. MacKenzie Councillor S. McAlary Councillor D. Merrithew Councillor G. Norton Councillor D. Reardon Councillor R. Strowbridge Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Acting Commissioner of Transportation and Environment M. Hugenholtz Commissioner of Growth and Community Development J. Hamilton Deputy Commissioner of Growth Community Development P. Ouellette Fire Chief K. Clifford Police Chief J. Bates Common Clerk J. Taylor Administrative Assistant K. Tibbits 1. Call to Order Mayor Norton called the meeting to order. 2. Approval of Minutes 2.1 Minutes of March 7, 2016 Moved by Councillor MacKenzie, seconded by Councillor McAlary: RESOLVED that the minutes of the meeting of Common Council, held on March 7, 2016, be approved. MOTION CARRIED. 1 100- Common Council Minutes March 21, 2016 3. Approval of Agenda Moved by Councillor McAlary, seconded by Deputy Mayor Rinehart: RESOLVED that the agenda of this meeting be approved. MOTION CARRIED. 4. Disclosures of Conflict of Interest No disclosures of conflict of interest were declared. S. Consent Agenda 5.1 That the Saint John Parking Commission letter re: Appointment of Eric C. Landers as Bylaw Enforcement Officer be approved as per the following resolution: RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By -Law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By -Law and the provisions of Section 5, Section 5.1, Section 7, Section 8, Section 15 and Section 16 of the Saint John Traffic By -Law, namely: Eric C. Landers; and, further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first. 5.2 That the proclamation request from Operation Lifesaver re: Rail Safety Week be referred to the Common Clerk to prepare the proclamation. 5.3 That the Marigold Project update be received for information. 5.4 That the letter from the Asian Heritage Society of NB re: Asian Heritage Month Opening Gala be referred to the Mayor for a written greeting. 5.5 That the letter of thanks from the Fundy Regional Service Commission regarding the City's commitment to recycling efforts, be received for information. 5.6 That as recommended by the City Manager in the submitted report M &C2016- 070: Contract No. 2015 -22: Exmouth Street and Golding Street — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction, the contract be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $1,632,359.86 (including HST) as calculated based upon estimated quantities; and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.7 That as recommended by the City Manager in the submitted report M &C2016- 071: Contract No. 2015 -13: Traffic Light Renewals: 1) Common Council approve reallocating $154,000 of the $397,000 General Fund budget surplus from the Exmouth Street and Golding Street — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project (M &C 2016 -70) to the Traffic Light Renewals project to offset the projected budget variance as outlined in the report. 2) Contract No. 2015 -13: Traffic Light Renewals be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $753,066.80 (including HST) as calculated based upon estimated quantities; and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.8 That as recommended by the City Manager in the submitted report M &C2016- 064: 2016 Agreement with SOT Brunswick Square Inc. for Cleaning and Security 2 100 - Council Minutes- Regular Meeting March 21, 2016 Services for Chipman Hill and City Market Pedways: 1) The City enter into a one (1) year agreement with SOT Brunswick Square Inc. for cleaning and security services for the Chipman Hill Pedway and security services for the City Market Pedway at an annual cost of $54,825.93 (excluding HST) for the calendar year 2016; and 2) That the Mayor and Common Clerk be authorized to execute the said agreement. 5.9 That as recommended by the City Manager in the submitted report M &C2016- 065: Sprinkler System Inspection, Testing and Maintenance — Recommendation for Award of Standing Offer Agreement: 1) Common Council award RFP No. 2015- 085401P: Sprinkler System Inspection, Testing and Maintenance to Vipond Fire Protection for an estimated average proposed annual cost of $4,646.00 plus for an initial three (3) year term; 2) That the option for two (2) extension terms of one (1) year each be included in the agreement — to be exercised at the sole discretion of the City of Saint John, upon mutual agreement with Vipond Fire Protection; and 3) That the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.10 That as recommended by the City Manager in the submitted report M &C2016- 062: Reinstate Memorials Policy, Common Council reinstate the expired Memorials Policy. 5.11 That the proposal from the Bank of Nova Scotia referred to in the submitted report M &C 2016 -73: Banking Services, for the provision of banking services for a five year period ending June 30, 2021, be referred back to staff for further review. 5.12 That the submitted report M &C 2016 -068: Update on Saint John Transit /East Library Renovation Final Construction Cost, be received for information. 5.13 That as recommended by the City Manager in the submitted report M &C2016- 061: Spring 2016 Debenture Issue: Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: GENERAL FUND General Government $ 400,000 Protective Services $ 200,000 Transportation Services $ 3,000,000 Economic Development $ 1,400,000 Parks and Recreation $ 1,000,000 WATER & SEWERAGE UTILITY .111 111 Water System $ 2,000,000 3 100 - Common Council Minutes March 21, 2016 Wastewater System $ 2,000,000 $ 4,000,000 TOTAL $ 10,000,000 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of ten million dollars ($10,000,000). Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation ") a City of Saint John bond or debenture in the principal amount of ten million dollars ($10,000,000) at such terms and conditions as are recommended by the Corporation. 3. And further that the City of Saint John agrees to issue post -dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 4.50% and at a term not to exceed 15 years for the issue related to the General Fund and not to exceed 20 years for the Water & Sewerage Utility. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. 5.14 That the submitted report M &C 2016 -078: Public Information Session: Princess Street (Charlotte Street to Sydney Street) — Street Reconstruction, be received for information. 5.15 That as recommended by the City Manager in the submitted report M &C2016- 074: Demolition of vacant, dilapidated and dangerous building at 1746 Lorneville Road (PID #00284539), Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the demolition of the building at 1746 Lorneville Road (PID #00284539), in accordance with the applicable City purchasing policies. Moved by Councillor McAlary, seconded by Councillor MacKenzie: RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. MOTION CARRIED. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 8.1 Greater Saint John Field House Proiect - Update March 2016 10 100- Council Minutes- Regular Meeting March 21, 2016 Referring to the submitted report, Mr. Bill MacMackin provided Council with an update on the Field House project. Moved by Councillor Farren, seconded by Councillor Merrithew: RESOLVED that the presentation regarding the Greater Saint John Field House Project, be received for information. [ � � 1 [ 1 ] ► Kay-11 : ] all l 11103 8.2 Achieve Literacy Presentation Moved by Councillor McAlary, seconded by Councillor MacKenzie: RESOLVED that the Achieve Literacy Presentation be referred to the Common Clerk to reschedule. MOTION CARRIED. 9. Public Hearings 6:30 PM 10. Consideration of By -laws 10.1 Proaosed Zoning Bvlaw Amendment with Section 39 Conditions - 150 Queen Street (3rd Reading) Moved by Councillor Farren, seconded by Councillor McAlary: RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -18, A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 363 square metres, located at 150 Queen Street, also identified as PID Number 00003426, from Urban Centre Residential (RC) to Mixed Commercial (CM), be read. MOTION CARRIED. The by -law entitled, "By -Law Number C.P. 111 -18, A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. Moved by Councillor McAlary, seconded by Councillor Farren: RESOLVED that, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 363 square metres, located at 150 Queen Street, also identified as PID Number 00003426, shall be subject to a condition requiring the preparation of a detailed site plan illustrating side yard landscaping adjacent to 156 Queen Street that includes appropriate trees, shrubs, or a combination thereof, to be prepared by the applicant and subject to the approval of the Development Officer, which shall be attached to the change of use permit. Moved by Councillor McAlary, seconded by Councillor Farren: RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -18, A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 363 square metres, located at 150 Queen Street, also identified as PID Number 00003426, from Urban Centre Residential (RC) to Mixed Commercial (CM), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. 5 100 - Common Council Minutes March 21, 2016 Read a third time by title, the bylaw entitled, "By -Law Number C.P. 111 -18, A Law to Amend the Zoning By -Law of The City of Saint John." 10.2 A Law to Amend a ByLaw Respecting Water and Sewerage (3rd Reading) Moved by Councillor McAlary, seconded by Councillor Merrithew: RESOLVED that the by -law entitled, "By -Law M -16, A Law to Amend a By -Law Respecting Water and Sewerage ", repealing and replacing subsection 49(c), be read. MOTION CARRIED. The by -law entitled, "By -Law M -16, A Law to Amend a By -Law Respecting Water and Sewerage ", was read in its entirety. Moved by Councillor Farren, seconded by Deputy Mayor Rinehart: RESOLVED that the by -law entitled, "By -Law M -16, A Law to Amend a By -Law Respecting Water and Sewerage ", repealing and replacing subsection 49(c), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the bylaw entitled, "By -Law M -16, A Law to Amend a By -Law Respecting Water and Sewerage." 10.3 Proposed Municipal Plan Amendment - 55 University Avenue Moved by Councillor McAlary, seconded by Councillor Farren: RESOLVED that the proposed Municipal Plan By -Law Amendment regarding 55 University Avenue be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on Monday, May 30th, 2016 at 6:30 p.m. in the Council Chamber. MOTION CARRIED. 10.4 Third Reading of Subdivision, Drainage and Building By -laws The Subdivision By -law of The Citv of Saint John Moved by Councillor McAlary, seconded by Councillor Farren: RESOLVED that the by -law entitled, "By -Law Number C.P. 122, The Subdivision By -Law of The City of Saint John ", repealing and replacing By -Law Number C.P. 121, Saint John Subdivision By -Law, and amendments thereto, be read. MOTION CARRIED. The by -law entitled, "By -Law Number C.P. 122, The Subdivision By -Law of The City of Saint John ", was read by section numbers. Moved by Councillor McAlary, seconded by Councillor Farren: RESOLVED that the by -law entitled, "By -Law Number C.P. 122, The Subdivision By -Law of The City of Saint John ", repealing and replacing By -Law Number C.P. 121, Saint John Subdivision By -Law, and amendments thereto, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. X 100 - Council Minutes- Regular Meeting March 21, 2016 Read a third time by title, the by -law entitled, "By -Law Number C.P. 122, The Subdivision By -Law of The City of Saint John ". A By -law Respecting Drainage in the City of Saint John Moved by Councillor McAlary, seconded by Councillor Farren: RESOLVED that the by -law entitled, "By -Law Number M -32, A By -Law Respecting Drainage in The City of Saint John ", be read. MOTION CARRIED. The by -law entitled, "By -Law Number M -32, A By -Law Respecting Drainage in The City of Saint John ", was read by section numbers. Moved by Councillor McAlary, seconded by Councillor Farren: RESOLVED that the by -law entitled, "By -Law Number M -32, A By -Law Respecting Drainage in The City of Saint John ", be read a third time, enacted, and the Corporate Common Seal affixed thereto. Read a third time by title, the by -law entitled, "By -Law Number M -32, A By -Law Respecting Drainage in The City of Saint John ". A By -law Respecting the Construction Repair and Demolition of Buildings in the City of Saint John Moved by Councillor Farren, seconded by Councillor McAlary: RESOLVED that the by -law entitled, "By -Law Number C.P. 102, A By -Law Respecting the Construction Repair and Demolition of Buildings in The City of Saint John ", repealing and replacing By -Law Number C.P. 101, A By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ", and all amendments thereto, be read. MOTION CARRIED. The by -law entitled, "By -Law Number C.P. 102, A By -Law Respecting the Construction Repair and Demolition of Buildings in The City of Saint John ", was read by section numbers. Moved by Councillor Farren, seconded by Councillor McAlary: RESOLVED that the by -law entitled, "By -Law Number C.P. 102, A By -Law Respecting the Construction Repair and Demolition of Buildings in The City of Saint John ", repealing and replacing By -Law Number C.P. 101, A By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ", and all amendments thereto, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by -law entitled, "By -Law Number C.P. 102, A By -Law Respecting the Construction Repair and Demolition of Buildings in The City of Saint John." 10.4.1 Johnson Engineered Solutions Limited - Proposed Drainage ByLaw 10.4.2 Johnson Engineered Solutions Limited - Building ByLaw Moved by Councillor McAlary, seconded by Councillor Strowbridge: 7 100 - Common Council Minutes March 21, 2016 RESOLVED that the letters from Johnson Engineered Solutions Limited regarding the proposed Drainage By -Law and Building Bylaw, be received for information. MOTION CARRIED. 11. Submissions by Council Members 11.1 New Brunswick Museum (Councillor Strowbri Moved by Councillor Strowbridge, seconded by Councillor Farren: RESOLVED that the Mayor's Office write a letter to the New Brunswick Museum Board of Directors, on behalf of Common Council, stating that the Common Council of the City of Saint John fully supports the New Brunswick Museum staying in Saint John and wants the New Brunswick Museum to remain here in the City indefinitely. MOTION CARRIED. 11.2 Council Presentation (Councillor MacKenzie) Moved by Councillor MacKenzie, seconded by Councillor Merrithew: RESOLVED that Common Council request that a presentation be scheduled at the next available open session Council meeting with the company representative to receive an overview of the project vision, process and time lines for North End and Waterloo Village properties. MOTION CARRIED. 12. Business Matters - Municipal Officers 12.1 Eligible Expense Claim No. 1 to ACOA under the Innovative Communities Fund for Citv Market Renovations Moved by Councillor McAlary, seconded by Councillor Reardon: RESOLVED that as recommended by the City Manager in the submitted report M &C 2016 -066: Eligible Expense Claim No. 1 to ACOA under the Innovative Communities Fund for City Market Renovations: 1) Common Council approves Claim No. 1 for eligible expenses to be submitted to the Atlantic Canada Opportunities Agency under the Innovative Communities Fund (Project No. 206167) for the renovations to the Saint John City Market in the amount of $131,896.15; 2) Mr. Craig Lavigne, Assistant Comptroller be assigned as "Authorized Client Administrator" for the purpose of ACOA Direct; and 3) That the Mayor and Common Clerk be authorized to execute the necessary contract documents. 12.2 Recommended 2016 Development Incentives Suite of Programs 12.2.1 Development Incentives Suite of Programs Presentation Referring to the submitted presentation, Mr. Jeff Cyr highlighted the proposed development incentives program and responded to questions. Moved by Councillor McAlary, seconded by Deputy Mayor Rinehart: RESOLVED that as recommended by the City Manager in the submitted report M &C 2016 -077: Recommended 2016 Development Incentives Suite of Programs: n. 100 - Council Minutes- Regular Meeting March 21, 2016 1. Common Council adopt the Urban Development Incentives Policy and the Urban Beautification Grant Policy; 2. Common Council direct the City Manager to officially launch the 2016 Development Incentives Suite of Programs and begin accepting applications to the programs as of March 22, 2016; 3. Common Council direct the City Manager to implement a monitoring strategy for the programs that includes periodic reports submitted throughout 2016, as well as a yearend report submitted in December. MOTION CARRIED. 12.3 Safe Clean Drinking Water Project Workers Moved by Councillor Reardon, seconded by Councillor McAlary: RESOLVED that the submitted report M &C 2016 -076: Safe Clean Drinking Water Project Workers, be received for information. MOTION CARRIED. 12.4 Access & Privacy: Annual Report — 2015 Moved by Councillor McAlary, seconded by Councillor MacKenzie: RESOLVED that the submitted report M &C 2016 -072: Access & Privacy: Annual Report - 2015, be received for information. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Worker ADDeal Services - Mav Dav Dinner Moved by Councillor McAlary, seconded by Councillor Reardon: RESOLVED that the letter from the Worker Appeal Services re: May Day Dinner, be received for information. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment Moved by Councillor McAlary, seconded by Councillor Merrithew: RESOLVED that the meeting of Common Council held on March 21, 2016 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:30 p.m. 9 100 - Common Council Minutes March 21, 2016 Mayor/ maire Common Clerk / greffier communal 10 CANADIAN COUNCIL F THE BLIND March 30, 2016 ISO LE CONSEIL CAN..ADIFI DES AVEU LES I am contacting you on behalf of the Saint John Chapter of the Canadian Council of the Blind — we are a non - profit organization. For more than 68 years, we have helped blind and partially sighted residents of Saint John struggling with the ongoing effects of vision loss through rehabilitation, peer support, social interaction, sport and recreational activities. Each year on Victoria Day Weekend, members from the Atlantic Provinces gather to compete in a variety of sporting events. The weekend is known as the Canadian Council of the Blind - Atlantic Sports and Recreation Weekend. This year, the 39th annual A.S.R.W. will be held in Dartmouth, Nova Scotia. After fundraising all year we are on the home stretch to meet and hopefully exceed our funding goal. With your support we plan to get as many of our chapter members to this event as possible. A donation of $500 would help with transportation, accommodations and so much more. Please be part of our team at the 39th annual A.S.R.W. — your support would be most appreciated. Budget: Thank you for your consideration. I look forward to hearing from you soon. Sincerely Gerry Harris - Chair Canadian Council of the Blind Saint John 20 Prince Edward St, Apt 903 Saint John, NB E2L 3S2 506 - 653 -1311 gerry@mrgerry.ca 11 Cost p/person # PP1 Cost: Transportation $131 round trip 10 $1310 Hotel $142 x 2 per night 10 $2130 Registration $20 10 $200 Bowling $9 10 $90 Handi -bus $2.50 X 10 trips 10 $250 Banquet: $20 10 $200 Acc. :. :00 :0 Thank you for your consideration. I look forward to hearing from you soon. Sincerely Gerry Harris - Chair Canadian Council of the Blind Saint John 20 Prince Edward St, Apt 903 Saint John, NB E2L 3S2 506 - 653 -1311 gerry@mrgerry.ca 11 Tibbits, Kelly Subject: FW: Heritage status removal Attachments: Lette rTo Mayo rCou nci Lodt From: theoidstgeorgerestaurant @beilallant.com [ mailto: theoldstgeorgerestaurant @bellaliant.com] Sent: March -21 -16 12:02 PM To: External - CommonClerk Subject: Heritage status removal Hello, Attached is my letter to Mayor and Common Council requesting that our property located at 100 Watson St., Saint John, formally known at St George's Anglican Church be removed from heritage status. I wish to approach Mayor and Common Council to make this request. Thanks, David McCashion 12 Mayor and Common Council Common Clerk's Office City Hall, P. O. Box 1971 Saint John, N. B. E2L 4L1 March 21, 2016 Partners, Carla Humphrey, Joyce Humphrey, Carl Humphrey and David McCashion 100 Watson St. PID's 361535, 361386, and 361394 Saint John, NB E2M -1 G2 Dear Mayor and Common Council: I am writing this letter to request to have our property (formally known as the St George's Anglican Church PID's 361535, 361386, and 361394) removed from heritage status. Our intention is to restore the property. We feel the Heritage status creates burden in accomplishing this goal. Yours Truly, David McCashion 13 Dear Sir /Madam, Please find two documents attached in support of our request for the city's support for the Amazeatorium event to be held at Harbour Station on May 7th. Please do not hesitate to contact me if additional information is needed regarding this event. Many thanks, Julie Atkinson Amazeatorium Event Coordinator Touchstone Academy Marketing and Community Programs Officer iulie @touchstoneacademy.ca (506) 847 - 3038 www.amazeatorium.com www.touchstoneacademv.ca 14 Community Grant Request For children, playing is learning. Accessible, high - quality recreation programs greatly enhance education and are an important aspect of the quality of life in Saint John. The AMAZEatorium is a unique, community- driven initiative to provide hands -on learning experiences for children and their families as part of a fun one -day event. The event fosters support for groups that run local recreational programs, allowing families to discover the range of local activities that are available. The Amazeatorium also provides an opportunity for local citizens to volunteer, and supplies program providers and other community members (drawn from local school systems and the business community, etc) with an opportunity to share resources and ideas, setting the stage for enhanced collaboration in community development. Organization Name: Touchstone Academy Contact Info: 68a Hampton Road, Rothesay, NB E2E 5L5, (506) 847 -2673 Contact Person: Julie Atkinson, Marketing & Community Programs Officer, Julie @Touchstoneacademy.ca Website: www.touchstoneacademy.ca and www.amazeatorium.com Registered Charitable #: 86420 3195 RC0001 Program Name: Amazeatorium 2016 Date of Event: May 71h, 2016 Venue: Harbour Station Maj ith 2-016 Touchstone Academy's Goes ��obal j? Harbour Station yo Saint john Community Impact: Each year, the AMAZEatorium brings the greater Saint John community together to create a unique, one -day hands -on learning event, allowing children to play, explore diverse activities and discover new interests. This year, the event will highlight environmental awareness as the learning theme. Activities will be designed to provide kids with hands -on experiences of our planet and how we can protect it. Dozens of local businesses and organizations will participate as community partners in hosting activities. While the event serves partly as a "trade show" for families looking for fun and educational activities in the local area, the day's focus is primarily on the provision of interactive activities for children to try. We draw on the wide range of recreational and educational programming available in our community to transform Harbour Station into an interactive playground for families for the day. (Please see following page for a list of participating groups to date) Amazeatorium 2016's specific objectives are: -To create an unforgettable day of hands -on learning and fun for the community -To provide an opportunity for everyone - young and old - to learn about environmental issues. -To engage with a broad spectrum of local companies and organizations to host learning activities at the event or to support the event through sponsorship. -To fill the venue to capacity (5000+ people) -To ensure the event is accessible to the community by providing hundreds of free tickets to organizations that work with disadvantaged children Groups served: Families and recreational /educational program providers community in Saint John and the wider Kennebecasis Valley region Geographic Area: Community support and visitors come from across New Brunswick, but are particularly concentrated in the greater Saint John region. Support Requested: $1200 ( "Learning Supporter" Sponsorship Package) Recognition and benefits provided: -City of Saint John Logo placement on event webpage and social media advertising -Logo placement on on -site event signage and program; y -8 General Admission tickets (Please see separate sponsorship package list for full details) To u c h st o n e Academy Experience Extraordinary Education 15 Amazeatorium 2016 Participating Activity Booths - Community Partners (To date: Feb 22nd 2016) �ak� <aaq May 6 Cherry Brook Zoo: animal exhibits _�� I, ' Fundy Discovery Aquarium: touch tank A y' ,:-Touchstone ABC Dog Training: dog training workshops, pet care Irving Oil: Giant inflatable whale exhibit, marine ecosystems Kingsbrae Garden: Local animal and plant habitats, live donkeys goes filobal NB Musuem /Stonehammer: local geology interactive exhibit Gaia Project: environmental learning activities A Harbour Station �X Saint John Little Ray's Reptile Zoo: reptiles kids can touch and hold B t 11t t I b d• d b t t• 't• r an a s0 o g an o o ac v e kas Fluor: Lego building competition Mad Science: Science activities to be confirmed Science East: experiments and robots Fundy Soccer: soccer skills Encore Dance Academy: dance workshops Orbit Amusements: bubble soccer and fun physical activities SJHS Girls Rugby: ball handling skills GoGo Gymnastics: bouncy castles Touchstone Academy, with support from City of SJ and Fundy Fencing: beachball volleyball Touchstone Academy, with support from JDI and others: Pop -up Playground Brittle Hill Comic: sketching and drawing comics Girl Guides: community service and environmental craft activities Long and McQuade: musical instruments to try James Mullinger: comedy workshop for kids SJ Regional Hospital specialists & health professionals from other local clinics: human body /health Be Me Kidz: activities related to social skills and mental health for kids Saint John Fire Department: Fire prevention and safety Saint John Police Department: community policing Bell Aliant TV 1: activities related to cameras and television production Financial Commission of NB: Financial literacy for kids Canada Games Aquatic Center: swimming programs for kids Lil' Shop of Science: Educational toys Indigo: books and LEGO Investors Group: savings plans for families Snider Mountain Ranch: outdoor activities and camp programs Yartizan: lawn dice Other Fish Face Painting Scholastic Books Sweet Caroline Foundation: allergy awareness Participants to be confirmed: YMCA NB Southern Optometrists SJRH ChildLife Hooper Studios NB Child and Youth Advocate Fundy Engineering: soapbox cars NovaLUG: Lego club Kennebecasis Kayak Club KV Karate Club Saint John Arts Center Anglophone South School District District scolaire francophone Sud 16 Additional Corporate Sponsors: Bank of Montreal Canaport LNG Port of Saint John Sun Life Financial Weedman CIBC Wood Gundy aaj, May.th 20 ® Touchstone " A 0 1 Academy's A LA LC �Wt i eloe s obal Harbour Station ` ,yo Saint John 1 Pk dordivwy ,gas What is the AMAZEatorium? Touchstone Academy is an independent, non - profit elementary school located in Rothesay, serving the greater Saint John area. The Touchstone approach to education is based on the belief that everyone is creative, inventive and imaginative, and our mission is to help kids learn by doing. At the AMAZEatorium, with the generous support of Bell Aliant, we transform the floor of Harbour Station into an amazing interactive learning playground for one day. When the doors open to the public, a colorful and fun - filled landscape of workshops, demonstrations, hands -on activities and exhibits, hosted by close to 100 community organizations, invites children to explore, experiment and create while they learn. This year, the AMAZEatorium will highlight environmental awareness as our learning theme. Activities will be designed to provide kids with hands -on experiences of our world and how we can protect it. Discovering our fascinating planet through all five senses, kids will be inspired to become thoughtful, responsible members of their communities. LEGO: Back By Popular Demand! Kids love LEGO, and as educators, we know that LEGO helps kids Certified bring their ideas to life. In 2015, we introduced Robin Sather, Professional Canada's only LEGO Certified Professional, as our special feature guest. This year, Robin will be returning to the AMAZEatorium with even bigger LEGO models to inspire our guests! He will also be joined by JK Brickworks, an award - winning team of creative builders who recently designed a new kit for the LEGO company. Together, our LEGO experts will construct displays that showcase our beautiful planet, and will invite kids to imagine, design and build alongside them. A Community Favourite Now in its fifth year, the AMAZEatorium continues to attract a sell -out crowd of parents and children from the greater Saint John community and beyond. In previous years, attendance levels have reached the 5000 mark, dozens of local businesses and organizations have contributed in different ways, and hundreds of volunteers have ensured that everything runs smoothly. The AMAZEatorium is truly a collaborative project, allowing parents, educators and other members of our community to create an unforgettable day of hands -on learning for the kids of our region. Don't miss this opportunity to join us on May 7t" as we "Go Global with LEGO!" Want to get involved? ®_, 0 For more information about the AMAZEatorium, please get in touch! - , Touchstone Call: Julie Atkinson (506) 847 -3038 Academy Or Email: Julie@Touchstoneacademy.ca Experience Extraordinary Education 17 �a1.Aaa4 May zfb 6 %�- Touchstone Academy's iAZsr&%__)_ [ 1 , -), A AMM 4, �, 1 1,1 , 'IN, �A Goes Global Harbour Station Saint john ¢J� ��`�'aordikmyk�as � Corporate Sponsorship Opportunities Quality, innovative education is our best hope for strong communities and businesses in New Brunswick. An AMAZEatorium sponsorship package offers you the opportunity to be a part of a unique, community- driven initiative to provide hands -on learning for children and their families. Financial support makes the event possible, but we also value other forms of participation. If you have a creative idea for how your company can make the AMAZEatorium even more amazing, please let us know. We'd be happy to discuss customizing one of our packages for you. Corporate Sponsorship Packages Exclusive Co- Presenting Host & Sponsor Exclusive Environmental Discovery Sponsor Please contact us for details of this exclusive, enhanced - visibility package Exclusive LEGO Building Competition Package Includes: Reserved for Bell Aliant - Large, prominently placed booth containing display of LEGO entries submitted by children, opportunity to present award ribbons and trophies stamped w/ your logo; -Logo placement on print advertising; -Logo placement on event webpage and in social media campaign; -Logo placement on on -site event signage and program; -8 Early Entry passes and 12 General Admission tickets; Learning Champion Package (Limited to 5) Includes: -Large booth in a high traffic area to showcase your company via an interactive learning activity (optional); -Logo placement on print advertising; -Logo placement on event webpage; -Logo placement on on -site event signage and program; -5 Early Entry passes and 10 General Admission tickets; I Pinning Supporter Package (Limited to 8) Includes: - Standard size booth to showcase your company via an interactive learning activity (optional); -Logo placement on event webpage; $7500 $4000 Sold $3000 2 Remaining $1200 2 Remaining For any questions or to reserve your sponsorship package, please contact: % I -Logo placement on event program, Julie Atkinson -1 Touchstone -8 General Admission tickets (506) 847 -3038 Academy 18 Julie @Touchstoneacademy.ca New Brunswick Dental Society Societe Dentaire du Nouveau - Brunswick March 21, 2016 Jonathan Taylor City Clerk City of Saint John 15 Market Square PO Box 1971 Saint John, New Brunswick E2L 4L1 Re: Fluoridation of municipal water systems Dear Mr. Taylor, 520 rue King Street, HSBC Place 4820 P.O. /C.P. Box 488, Station "A" Fredericton, N.B. E3B 475 Te1.: (506) 452 -8575 Fax: (506) 452 -1872 The recent media coverage of a study comparing dental decay in two Alberta cities (McLaren et al., "Measuring the short term impact of fluoridation cessation on dental caries in grade 2 children using tooth surface indices ", Community Dentistry and Oral Epidemiology, Feb 2016) highlights how removing fluoride from the municipal water system can impact the population's oral health -- especially that of children. The results of the Calgary study support the Canadian Oral Health Roundtable consensus statement on community water fluoridation which is attached to this letter and states, "The following organizations strongly support water fluoridation as a safe, effective and cost effective public health measure to help prevent dental cavities. The safety and efficacy of water fluoridation has been frequently studied and continues to be supported by current science, and the beneficial effects of fluoride in the prevention of dental cavities have been well documented in scientific literature. " On March 191h, the Board of Directors of the New Brunswick Dental Society passed a motion that we support and encourage water fluoridation in municipal water systems. We therefore ask that you reconsider your decision to remove fluoride from your water system. Sincerely, Dr. Patrice Brisson President, NB Dental Society cc; The Hon. Victor Boudreau, Minister of Health The Hon. Brian Kenny, Minister of Environment & Local Government /encl. website: www.nbdental.com email: nbds @nb.aibn.€:om 19 Canadian Oral Health Roundtable Proceedings of the 2015 COHR Symposium February 25, 2015 Ottawa, Ontario 20 w 13 Appendix 2: Consensus statement on community water fluoridation "The following organizations strongly support water fluoridation as a safe, effective and cost effective public health measure to help prevent dental cavities. The safety and efficacy of water fluoridation has been frequently studied and continues to be supported by current science, and the beneficial effects of fluoride in the prevention of dental cavities have been well documented in scientific literature." The scientific literature to which the above consensus statement refers can be consulted via the links below: 1. http:// www. hc- se. gc .ca/ahe- asc /media/ftr- ati/_2011 /2011_82 - eng.php 2. http: / /www.he- se.ge.ca/ewh -semt /pubs /water -eau/ 2008 - fluoride- fluorure /index- eng.php 3. http: // www. hc- sc.ge.ca/ewh -semt /pubs /water- eau / 2011 - fluoride - fluorure /index - eng.php Supported by: Alberta Dental Association and College Association of Canadian Faculties of Dentistry British Columbia Dental Association Canadian Association of Public Health Dentistry Canadian Association of Social Workers Canadian Dental Assistants Association Canadian Dental Association Canadian Dental Hygienists Association Canadian Dental Specialties Association Canadian Institutes of Health Research Canadian Medical Association Canadian Nurses Association Canadian Pharmacists Association Canadian Public Health Association Canadian Teachers' Federation College of Dental Surgeons of Saskatchewan Dental Association of Prince Edward Island Dental Technologists Health Canada Manitoba Dental Association New Brunswick Dental Society Newfoundland and Labrador Dental Association Northwest Territories and Nunavut Dental Association Nova Scotia Dental Association Ontario Dental Association Loyal Canadian Dental Corps. Yukon Dental Association 22 Proceedings of the 2015 COHR Symposium 231 Community Dent Oral Epidemiol m 2016 ne Authors. Community Dentistry and Oral Epidemiology Published by John Wil & Sons Ltd All rights reserved "- COMMUNITY D ENTIsTRYAN- ORALEPIDEMICOLOGY Measuring the short -term impact na��McLaren', eSteven ' gPatterson� of fluoridation cessation on 'Department cessation on children's caries experience measured by tooth surfaces. If there is of Community Health Sciences dental in Grade Z and O'Brien Institute for Public Health, olof y,istryCalgary, zSchaol caries children Canada, Faculty Canada, of Dentistry, Faculty of the age group and time frame considered in this study. Methods: We examined Medicine and Dentistry, University of 7 �] • (`� • tooth usingtooth surface indices Alberta, Edmonton, Alberta, Canada, "Department of Community Health lSJ� Sciences, University of Calgary, Calgary, May 2011 and Edmonton where fluoridation remains in place. We analysed Alberta, Canada, Research Facilitation, change over time (2004/2005 to 2013/2014) in summary data for primary (clefs) Research Priorities and Implementation, and permanent (DMFS) teeth for Calgary and Edmonton, for all tooth surfaces Alberta Health Services, Calgary, Alberta, and smooth surfaces only. We also considered, for 2013/2014 only, the exposed Canada, sResearch and Innovation, subsample defined as lifelong residents who reported usually drinking tap Surveillance and Infrastructure, Population water. Results: We observed, across the full sample, an increase in primary Public and Aboriginal Health, Alberta McLaren L, Patterson S, Thawer S, Faris P, McNeil D, Potestio M, Shwart L. Health Services, Calgary, Alberta, Canada, AAbberta Measuring the short -term impact of fluoridation cessation on dental caries in Cancer Prevention Legacy Fund, Population Public and Aboriginal Health, Grade 2 children using tooth surface indices. Community Dent Oral Epidemiol Alberta Health Services and of 2016. © 2016 The Authors. Community ntists and Oral Epidemiology �r 5r p �' Community Health Sciences, University of , University Published by John Wiley & Sons Ltd. Calgary, Calgary, Alberta, Canada, apparent in Edmonton (F- continued). Conclusions: Trends observed for primary Formerly: Provincial Oral Health Office, This is an open access article under the terms of the Creative Commons Attribu- Alberta Health Services, Calgary, Alberta, tion- NonCornmercial- NoDerivs License, which permits use and distribution in Canada any medium, provided the original work is properly cited, the use is non -com- a -mail: lmclaren@ucalgary.ca mercial and no modifications or adaptations are made. Submitted 6 July 2015; Abstract — Objectives: To examine the short -term impact of fluoridation cessation on children's caries experience measured by tooth surfaces. If there is an adverse short -term effect of cessation, it should be apparent when we focus on smooth tooth surfaces, where fluoride is most likely to have an impact for the age group and time frame considered in this study. Methods: We examined data from population -based samples of school children (Grade 2) in two similar cities in the province of Alberta, Canada: Calgary, where cessation occurred in May 2011 and Edmonton where fluoridation remains in place. We analysed change over time (2004/2005 to 2013/2014) in summary data for primary (clefs) and permanent (DMFS) teeth for Calgary and Edmonton, for all tooth surfaces and smooth surfaces only. We also considered, for 2013/2014 only, the exposed subsample defined as lifelong residents who reported usually drinking tap water. Results: We observed, across the full sample, an increase in primary tooth decay (mean defs — all surfaces and smooth surfaces) in both cities, but the magnitude of the increase was greater in Calgary (F- cessation) than in Edmonton (F- continued). For permanent tooth decay, when focusing on Rey words: fluoridation; Public health smooth surfaces among those affected (those with DMFS >O), we observed a Lindsay McLaren, Department of non - significant trend towards an increase in Calgary (F- cessation) that was not Community Health Sciences and O'Brien apparent in Edmonton (F- continued). Conclusions: Trends observed for primary Institute for Public Health, University of Calgary, Calgary, Alberta, Canada teeth were consistent with an adverse effect of fluoridation cessation on Tel.: 403- 210 -9424 children's tooth decay, 2.5-3 years post-cessation- Trends for permanent teeth Pax: 403 - 270 -7307 hinted at early indication of an adverse effect. It is important that future data a -mail: lmclaren@ucalgary.ca collection efforts in the two cities be undertaken, to permit continued Submitted 6 July 2015; monitoring of these trends. accepted 9 January 2016 Since its initial implementation in 1945, much research has been conducted on community water fluoridation (CWF) and its impact on dental caries. Mechanistically, fluoride benefits teeth by inhibiting tooth demineralization, enhancing re- mineralization, and inhibiting enzyme activity of plaque bacterial. doi: 10.1171 Jcdoe.12215 1 24 McLaren et at. While both a systemic (pre - eruptive) and a topical (post - eruptive) mechanism of impact have been studied intensively, experts now seem to agree that fluoride's major anti- cariogenic effect is post -erup- tivel,2. however, studies have continued to accrue that are consistent with some pre - eruptive effects. As a whole, the evidence base supports the bene- fits of fluoridation for preventing caries in popula- tions4 °5. However, systematic reviews have highlighted methodological limitations of the evi- dence base, such as weak study designs 4's. This reflects that research on CWF and CWF cessation is observational (takes advantage of natural experi- ment circumstances) and may rely on pre - existing data collected for another purpose. Contemporary evidence was furthermore noted to be sparse: in a recent systematic reviews, 71% of included studies were conducted prior to 1975. To a large extent, the research literature is char- acterized by studies of fluoridation initiation, early in the intervention's history 6,7 and cross - sectional comparisons of fluoridated and non - fluoridated communitiesslp. There is less research on fluorida- tion cessation circumstancesll, even though cessa- tion appears to be occurring with increasing frequency in some regions. For example, in Canada alone since 2005, more than 30 communities have opted to discontinue fluoridation 12. To inform fluo- ridation decision- making, high - quality research on the impact of cessation is needed. In our context, there was demand from decision - makers for high - quality, locally relevant evidence on the impact of fluoridation cessation on dental caries experience.. A systematic review (L. McLaren and S. Singhal, unpublished results) identified 15 instances of pub- lished research on fluoridation cessation in 13 countries. Those studies provided important insight into the impact of cessation on dental caries in different contexts. However, many of the studies had important methodological limitations, such as no comparison community 13 or no questionnaire data to assess important covariates14. Furthermore, many of the cessation studies were older: of the 15 jurisdictions represented in the review, only six focused on cessation that occurred in 1990 or later3 "3'15 -la and only ones since 2000. Older stud- ies may not reflect contemporary circumstances such as historically low caries rates, skewed caries distributions (smaller proportion of people accounting for the majority of problems) and mul- tiple sources of exposure to fluoride'9. Finally, with important exceptions16, many studies examined the impact of cessation using tooth -level data. 2 25 Tooth surface -level data would be preferable, if the aim is to evaluate a prevention initiative2o such as community water fluoridation or its cessation. The purpose of this study was to examine the impact of fluoridation cessation on children's dental caries. Our analysis took advantage of the natural experiment opportunity provided by fluo- ridation cessation in the city of Calgary, Canada, which occurred in May 2011 (after having been in place since 1991). Published definitions of interven- tion in the research context highlight 'intentional change'21 and 'to disturb the 'naturaY order of thingsi22, and thus accommodate cessation (as well as initiation) of CWF as a viable study focus. We compared caries rates in Calgary to those in the city of Edmonton, where fluoridation began in 1967 and remains in place. Elsewhere (L. McLaren, S. Patterson, S. Thawer, P. Faris, D. McNeil, M. Potestio et al., unpublished results) we reported on tooth -level data and showed that for primary (but not permanent) teeth, a significant increase in car- ies between pre - and post - cessation was observed in Calgary (F- cessation). The effect was smaller and less consistent in Edmonton (F- continued). These initial findings for primary teeth were con- sistent with a short -term adverse effect of cessation on caries experience. The objective of this article was to report further on the impact of CWF cessation on children's caries experience, focusing on smooth tooth surfaces, where fluoride is most likely to have an impact 23 for the age group and time frame considered in this study. If there is an adverse effect of fluoridation cessation, as observed in our other paper, it should be apparent using this more sensitive measure. Materials and methods Design We used a pre -post cross - sectional design with comparison group. Data were collected from popu- lation -based samples of schoolchildren during the 2004/2005 and 2013/2014 school years (October - May /June). The target population was children in grade 2 attending school in the Public or Catholic school system in Calgary and Edmonton. Calgary and Edmonton are well matched: they are the two largest cities in the province of Alberta and are both large urban centres with diverse demographic profiles. We ascertained fluoride content of municipal drinking water in the two cities by securing annual water quality reports (L. McLaren, S. Patterson, S. Thawer, P. Faris, D. McNeil, M. Potestio et al., unpublished results). Pre - cessation data (200412005) Pre- cessation data for Calgary and Edmonton were available from population -based surveys con- ducted by former health regions in Alberta in 2004/2005. Oral health data were collected via open mouth examinations conducted in the schools by trained and calibrated assessment teams, each consisting of a registered dental hygienist and a clerk. Decayed, missing/ extracted, and filled teeth and surfaces were recorded using standard crite- ria 20. Decay referred to cavitated decay, defined as a lesion that 'has a delectably softened floor, undermined enamel or softened wall. On inter - proximal surfaces, the point of the explorer must enter a lesion with certainty 24, For Calgary in 2004/2005, a stratified random sample was selected, with strata based on median neighbourhood income quartile where the school was located. Within sampled schools, all children of eligible grades were invited to participate. An opt -in consent process was used, and the participa- tion rate was 60 %24. In Edmonton in 2004/2005, all elementary schools in the two school boards were invited to participate, and within each school, a sample was taken from each class with the sample size predetermined based on class size (80 -100 % of the full class). The participation rate was approxi- mately 89 %. Post - cessation data (201312014) Data collection in 2013/2014 was designed to maxi- mize comparability with the 2004/2005 surveys. We drew a stratified random sample, with strata based on the median neighbourhood income quar- tile where the school was located. Trained and cali- brated assessment teams, each consisting of a registered dental hygienist and a clerk, conducted open mouth examinations following the protocol from the Iowa Fluoride Study25 , which is based on the WHO criteria 20 and yields a dld2_3mf index based on whole tooth codes and 2 -digit surface - specific codes. Our analysis focused on d2_3 to permit comparability with the decay data in the 2004 -05 surveys. Assessments were based on all primary teeth and a subset of 12 permanent teeth (central incisors, lateral incisors and 1st molars). The same 12 permanent teeth were considered pre - and post- cessation. Assessment teams were trained together in the protocol, and each team was cali- brated on two occasions (early October and mid- Fluoridation cessation in Calgary, Canada November 2013) by a public health dentist with considerable experience in survey calibration and an extensive knowledge and background in survey methodology and tooth surface -level assessment Signed parental consent and child verbal assent were secured for the open mouth examination. Post- cessation data collection also included a par- ent questionnaire and, for a small random subsam- ple in each city, fingernail clippings to assess total fluoride intake (L. McLaren, S. Patterson, S. Thawer, P. Faris, D. McNeil, M. Potestio et al., unpublished results). The 2013/2014 school -level participation rates were 57.3% (Calgary) and 54.1% (Edmonton), and the student -level participation rate within participating schools were 49.1 %Q (Cal- gary) and 47.0 % (Edmonton). Variables and data analysis In this article, we focused on summary data for tooth surfaces, both primary (defs) and permanent (DMFS). Because both defs and DMFS tended to be positively skewed, we examined both overall mean and the mean for those with one or more defs or DMFS. We considered all tooth surfaces, as well as smooth surfaces only. Our designation of smooth surfaces included all surfaces except the following: occlusal surfaces (whenever present), and surfaces where pit and fissure caries commonly occur, namely buccal (vestibular) surfaces for teeth 46 and 36, and lingual surfaces for teeth 16 and 26 (Though we had codes to specifically indicate pit and fissure caries in the 2013/2014 data, we used the proxy approach of excluding certain surfaces to permit comparability with 2004/2005 (for which we did not have that specific information). When we computed smooth surface caries summary measures in 2013/2014 using the specific pit and fissure designation, the estimates tended to be higher (for example, in Table lb, mean DMFS among those with DMFS >0 was 2.3 [versus 2.01 for Calgary and 2.1 [versus 1.71 for Edmonton).). Permanent tooth summary data (DMFS) were based on children with at least one permanent tooth. The percentage of children with at least one permanent tooth, and the mean number of perma- nent teeth, did not differ appreciably across sur- veys: the percentages with zero permanent teeth were 1.5 %Q (Calgary 2004/2005), 1.1% (Edmonton 2004/2005), 1.5% (Calgary 2013/2014) and 1.9% (Edmonton 2013/2014), and the mean numbers of permanent teeth, of the 12 assessed, were 9.1 (Cal- gary 2004/2005), 9.0 (Edmonton 2004/2005), 8.8 (Calgary 2013/2014) and 8.7 (Edmonton 2013/ 26 3 McLaren et al. 47 �b6 G S1 b, is LO > � v v+ + CJ v X a0i O O C v }ice" U D G D W VvRNN m o �} N Q p � w O ct 45 W N O � O f cr Q7 W bD cY I \ Lr) U u NNN �r a N m 4 N ao R U m O O N \ O O N bb V 5 b\ ifS cu OJ X" i7 Q� ni W F. Go O �m N 6N (+a d m cn L6 O CS CV u] O 6 LO N I I I m co ty O co � m D m cNr) II I N m II rn o I N fT ' mr� c O ,!V m m O m �O N O ,,6 4 rV 4 o0 cl On ON ON m N fd7 N T Ln N +-- II ll II fl II II or� U� o o ©° o N� mCDO tV d Odd'! Nv U') O U') CN ♦O d; Lf� II N �! N L6 cQf' ^�' N I-� co OO, A n C. bo �j C bOA ° bo O W fi+ O O O A G N Iu o , �s Q � In cn vW C)w tea+ v y Vic+ W 4 27 vs 4F c.+ i. C4 N O +� CJi ,4 n c �p1 qLO j U v 6Gi u v�y � O L" �Lr) O as M 6 U � N � � k II ON '` U N to Q � � 4 Cd N M QN; O » > .ON r, V N ul 0O pCC LO V n N '� z-+ w zzo ° CCD O N P. a ct U N N p ED O 1'" iilC�ljUij N O1 Ct -d cu v v V co X w -0 ct y rd V 9 a _u O u w [6 G 0 . J3 G r o C 0 o m c5 0 0 0 0 o c0 o V V II II V V II OD OO r-� N N O d; co �! t 10 OC1 L7 \L7 ' © 00 �Ci �D Oo 00 N C. N r-� O cy� O O� O N �o 0 O O I 1 m O 6 M O O N N O N r N II II N N II � t�[ II ;zt II II II t� O r-i O ON N O n? m y O C "ii 'o.0 O 4_„ \D N rK N d! O\ cV L� tp No 00 ter) II w N II pan II II � II II II � II 00 00 mOCr� tN*IE ty WN Ov .N.. Ur cli LO dt 00 C\ N L\ d� 00 CJ CV U� °O r Go O �m N 6N (+a d m cn L6 O CS CV u] O 6 LO N I I I m co ty O co � m D m cNr) II I N m II rn o I N fT ' mr� c O ,!V m m O m �O N O ,,6 4 rV 4 o0 cl On ON ON m N fd7 N T Ln N +-- II ll II fl II II or� U� o o ©° o N� mCDO tV d Odd'! Nv U') O U') CN ♦O d; Lf� II N �! N L6 cQf' ^�' N I-� co OO, A n C. bo �j C bOA ° bo O W fi+ O O O A G N Iu o , �s Q � In cn vW C)w tea+ v y Vic+ W 4 27 vs 4F c.+ i. C4 N O +� CJi ,4 n c �p1 qLO j U v 6Gi u v�y � O L" �Lr) O as M 6 U � N � � k II ON '` U N to Q � � 4 Cd N M QN; O » > .ON r, V N ul 0O pCC LO V n N '� z-+ w zzo ° CCD O N P. a ct U N N p ED O 1'" iilC�ljUij N O1 Ct -d cu v v V co X w -0 ct y rd V 9 a _u O u w [6 G 0 . J3 G 2014). The median (6) and range (0 -12) were the same for all four survey samples. For 2013/2014 only, we additionally considered the subsample of lifelong residents who reported usually drinking tap water (versus bottled water). This information was gleaned from the parent questionnaires included as part of the 2013/2014 data collection. We examined change over time in Calgary (F- cessation) compared to change over time in Edmonton (F- continued). Change over time was inferred from non - overlapping 95 % confidence intervals for means, which was then verified by testing a year x city interaction term in a Poisson regression. All analyses applied sampling weights developed for this project, which accounted for the clustered sampling design and response imbalances. We also ran all analyses unweighted and results were broadly similar (no change to statistical significance). Weighted estimates are presented below. The study received approval from the Conjoint Health Research Ethics Board at the University of Calgary (ID E- 25219) and the Health Research Ethics Board at the University of Alberta (ID Pro00037808). Approval was also sought and granted by all four participating school boards. Results Results for primary teeth were based on the follow- ing sample sizes: n = 599 for Calgary 2004/2005; n - 6445 for Edmonton 2004/2005; n = 3230 for Calgary 2013/2014; and n = 2307 for Edmonton Fluoridation cessation in Calgary, Canada 2013/2014. The sample sizes for permanent teeth were slightly smaller because the denominator included those with at least one permanent tooth. Sample sizes for the 2013/2014 subsample (lifelong residents who reported usually drinking tap water) were: n = 930 and n 916 for Calgary defs and DMFS, respectively, and n = 575 and n = 565 for Edmonton defs and DMFS, respectively. The summary data for Calgary and Edmonton, in 2004/2005 (pre - cessation) and 2013/2014 (post - cessation) are shown in Table 1. For primary teeth (defs), a statistically significant increase was apparent in both Calgary and Edmonton, although the absolute magnitude of the increase was greater in Calgary (F- cessation). This was true for all pri- mary tooth surfaces (Table Ia) and for primary smooth surfaces only (Table 1b). In all cases (mean defs, mean defs among those with defs >0; all sur- faces and smooth surfaces only), the greater increase in Calgary compared to Edmonton was confirmed in a Poisson regression that showed a statistically significant year x city interaction term (far right hand column in Table 1), indicating that the increase in primary tooth decay in Calgary (F- cessation) over time was significantly greater than that in Edmonton. Table 1 also contains permanent tooth summary data (DMFS). For all tooth surfaces among perma- nent teeth (Table la), there was a statistically sig- nificant decrease in Calgary, for the overall mean DMFS, which was not observed in Edmonton. For permanent tooth smooth surfaces only (Table 1b), there was no statistically significant change over time in Calgary or Edmonton. However, we noted a trend (non- significant) towards an increase in Table 2. Dental caries summary measures in Calgary and Edmonton, Grade 2 students, 2013/2014 only. Weighted esti- mates. Estimates are for the subsample of lifelong residents who reported usually drinking tap water Calgary 2013 /2014 Edmonton 2013/4 Mean (95% CI), n Mean (95% Cl), n a) All tooth surfaces Mean defs 5.2 (4.5 -5.8), n = 930 5.5 (4.5-0.5), n = 575 Mean defs among those with defs >0 9.9 (89- 11.0), n = 477 10.5 (9.0- 12.0), n = 289 Mean DMFS 0.14 (0.09 - 0.18), n = 916 0.11 (0.07 - 0.16), n = 565 Mean DMFS among those with DMFS >0 2.0 (1.5- -2.4), n = 63 1.8 (1.4 -2.2), n = 37 b) Smooth surfaces only' Mean defs 3.3 (2.8 -3.8), n = 930 3.6 (2.9-4.4),n = 575 Mean defs among those with defs >0 7.3 (6.4 -8.3), n = 409 9.0 (7.5- 10.4), n = 225 Mean DMFS 0.04 (0.01 -0.07), n = 916 0.01 (0.00-0.02), n = 565 Mean DMFS among those with DMFS >0 3.0 (1.9 -4.0), n = 12 1.0 (variance could not be computed), n = 7 defs = decayed, extracted (due to caries), filled primary tooth surfaces; DMFS = decayed, missing (due to caries), filled permanent tooth surfaces; 95% CI = 95% confidence interval. 'Omits occlusal surfaces whenever present; omits buccal (vestibular) surfaces for teeth 46 and 36; omits lingual surfaces for teeth 16 and 26. 28 5 McLaren et al. permanent tooth smooth surface decay severity in Calgary, among those affected (mean DMFS among those with DMFS > 0 increased by 0.3 between 2004/2005 and 2013/2014). There were no statistically significant (at P < 0.05) year x city interaction terms for permanent teeth measures. Table 2 shows summary data for 2013/2014, but this time estimates were restricted to the subsample of lifelong residents who reported usually drinking tap water. In general, the estimates for the subsam- ple (Table 2) tended to be similar to or lower than for the full sample (Table 1) for both Calgary and Edmonton, with few exceptions (permanent tooth measures for smooth surfaces in Calgary). The 2013/2014 subsample estimates in Table 2 could not be compared directly to 2004/2005 data, due to lack of questionnaire data which with to define a comparable subsample in 2004/2005. Discussion We set out to examine the short -term impact of flu- oridation cessation on children's caries experience, with a specific interest in whether findings we observed based on tooth -level data (L. McLaren, S. Patterson, S. Thawer, P. Faris, D. McNeil, M. Potes- tio et al., unpublished results) — namely an adverse effect of cessation on caries experience for primary teeth — were also apparent when focusing on smooth tooth surfaces, where fluoride is most likely to have an impact23 for the age group and limited period of time considered in this study. If an adverse effect of cessation is indeed occurring, it should be apparent when using this more sensi- tive measure. This line of thinking was borne out in our results. In primary teeth, an increase in caries expe- rience was observed in Calgary (where cessation occurred in 2011). A similar observation, which was smaller in magnitude, was noted in Edmonton (where fluoridation remained in place). Thus, for primary teeth, our results presented here and else- where (L. McLaren, S. Patterson, S. Thawer, P. Faris, D. McNeil, M. Potestio et al., unpublished results) provide consistent indication of an adverse short -term effect of cessation. In permanent teeth, we elsewhere (L. McLaren, S. Patterson, S. Thawer, P. Faris, D. McNeil, M. Potestio et aL, unpublished results) reported a decrease in caries over time in both Calgary (F -ces- sation) and Edmonton (F- continued), which was larger and more consistent in Calgary. Based on 29 knowledge of enamel differences between primary and permanent teeth26`27, which make it likely that effects of cessation would appear sooner in pri- mary teeth, we suggested that the absence of an increase in permanent teeth may have reflected the short time frame since cessation in our study, and that continued monitoring would be important to see if an adverse effect in permanent teeth emerges as time passes. In this study, though effects were not statistically significant, the decrease in permanent tooth decay in Calgary (F cessation) that we observed using tooth -level data (L. McLaren, S. Patterson, S. Thawer, P. Faris, D. McNeil, M. Potestio et al., unpublished results) and for all tooth surfaces (this manuscript, Table la) was muted when we focused on smooth surfaces only; and for mean DMFS among those with DMFS >0, the direction of change became positive (though non - significant). Further, though estimates from the 2013/2014 sub- sample (lifelong residents who reported usually drinking tap water) are based on small numbers, they were nonetheless consistent with an apparent increase in Calgary (F- cessation), because the Cal- gary estimate of mean DMFS among those with DMFS >0 was even higher in the subsample (3.0) (that is, even more discrepant from the 2004 /2005 estimate) than in the full sample (2.0). Though we do not know what the subsample estimates would have been for 2004/2005 due to lack of question- naire data, we note that both residential mobility and bottled water consumption were lower in 2004/2005 than in 2013/2014. Specifically, net migration (infer- and intra- provincial) increased in Calgary from 14 099 in 2004/2005 to 16 781 in 2013/2014, and in Edmonton from 9548 in 2004/ 2005 to 17 482 in 2013/201428 (that is, the popula- tion in both cities was more stable, in terms of migration, in 2004/2005 than in 2013/2014), and statistics on bottled water sales for Canada showed an increase over time; for example, litres per household (total volume) increased from 104.5 in 2004 to 173.8 in 201429 (Data on bottled water sales or consumption for the specific parameters of Cal- gary, Edmonton, 2004/05 and 2013/14 could not be located.). Therefore, it seems reasonable to assert that the discrepancy between the estimates for the full sample and for the subsample would be larger in 2013/2014 than in 2004/2005; or in other words, it would make less difference to exclude non - lifelong residents and bottled water drinkers in 2004/2005 than in 2013/2014. However, we do not know this for certain. Taken together, our findings were consistent with an adverse effect of fluoridation cessation on children's caries experience, about 2.5 -3 years post - cessation. The effect was most apparent for primary teeth, but it appeared from these analyses that an effect for permanent teeth, which, initially, we hypothesized would take longer to occur (if it occurred at all), was emerging. if true, one might expect a statistically significant effect on perma- nent teeth to become evident at further follow -up as the permanent teeth in the age group studied have been present in the mouth for a longer period. As we reported elsewhere, findings were consis- tent with lower fluoride in Calgary than in Edmon- ton based on 1) annual estimates of fluoride in drinking water secured from each city and 2) esti- mates of total fluoride intake from biomarkers (fin- gernail clippings) from a subsample in each city. Furthermore, estimates were robust to adjustment for socio - demographic and behavioural /dental characteristics of the Calgary and Edmonton sam- ples in 2013/2014 (L. McLaren, S. Patterson, S. Thawer, P. Faris, D. McNeil, M. Potestio et al., unpublished results). Our findings contribute to the published litera- ture on fluoridation cessation and impact on dental caries. While several studies showed an increase in caries following cessation of fluoridation17`3 0 , sev- eral others did not 31,32. Among the studies that did observe an increase in caries, several were many years or decades old 33,34, and it is important to question whether an adverse effect of fluoridation cessation on caries experience is apparent contem- porarily. Our results were somewhat different from the one other Canadian studyI6,3s which, based on repeated cross - sectional data, did not observe an adverse trend in tooth decay in the ces- sation community, following cessation in 1992. However, that finding may have reflected changes over time in treatment and preventive practices such as an increase in application of protective sea- lants, and the importance of investigating smooth surfaces. Collectively, the literature (including our study) indicates that the impact of fluoridation ces- sation on dental caries is not uniformly positive or negative but varies by time and place, and sorting out the reasons for different patterns is important. The increase in caries (especially in primary teeth) observed in both cities in our study, though consistent with anecdotal reports from those regions (personal communication, Associate Den- tal Public Health Officer, Alberta Health Services, 19 January 2015), contrasts with other reports of a Fluoridation cessation in Calgary, Canada general decline in child caries prevalence during recent decades'9,36. The reasons for the increase are not known but could have to do with various fac- tors impacting the province or larger geographies. Some examples include the global economic reces- sion of 2008 and its social and economic aftermath; shifts in the Alberta economy due to rising and fall- ing prices in the province's primary industry of oil and gas, which have implications for employment and migration (workers coming to Alberta); increasing ethnic diversity in Canadian cities including Alberta (for example, the percent of the Alberta population who only speak a non - official language most often at home has shown an increasing trend, with 7.5 %, 9.1 % and 10.5% in the 2001, 2006 and 2011 census, respeetively)37 ,38; and trends in bottled water consumption which, as noted above, has increased for Canada as a whole. Although data on trends in sugar consumption are not specifically available for our samples, national data suggest that that may not present a likely explanation: although the percentage of daily calo- ries from sugar is higher among four- to eight -year olds (which contains the age group in our study) than among the population as a whole (26 %, ver- sus 21 %)39, overall, sugar consumption has decreased for the Canadian population over time, including between 2004 and 201340. The reasons for the increase in caries in our two cities is an important remaining question. Limitations of our study included the short dura- tion of follow -up since cessation, the absence of questionnaire data from 2004/2005, non - identical examination criteria at the two time points (although both were anchored in the WHO criteria and yielded comparable summary measures), the use of different (though highly - skilled) calibrators in 2004/2005 and 2013/2014 and lack of blinding of examiners to residence of participants. Our pre - cessation data (2004 /2005) were collected several years prior to cessation (2011) and it would have been preferable to have data collected closer to the year of cessation. However, elsewhere (L. McLa- ren, S. Patterson, S. Thawer, P. Faris, D. McNeil, M. Potestio et al., unpublished results) we considered other possible explanations such as socio -demo- graphic characteristics of the samples and dental treatment and preventive programming and con- cluded that they did not appear to represent likely alternative explanations for our findings. The greater increase over time in deciduous caries experience observed in Calgary reflects, in part, the low estimates in 2004/2005 (compared to Edmon- 30 McLaren et al. ton). However, because of the rigorous sampling methods and development and application of sam- pling weights, we believe the 2004/2005 estimates to be an accurate reflection of the caries experience at that time. The differences between Calgary and Edmonton pre - cessation speak to the importance of using a study design that involves comparison of change over time when evaluating the impact of CWF cessation, versus a cross - sectional past- cessa- tion study. Strengths of our study include: high - quality oral health data gathered by trained and calibrated den- tal professionals; population -based samples cou- pled with development and application of sampling weights to maximize representativeness of each sample of its underlying population; a comparative study design that permitted analysis of change over time; and multiple sources of data (open mouth examination; biomarker data; ques- tionnaire) which allowed for assessment of consis- tency of findings across multiple indicators. In conclusion, findings observed for primary teeth were consistent with an adverse effect of fluo- ridation cessation on children's tooth decay, 2.5- 3 years post - cessation. Trends for permanent teeth hinted at early indication of an adverse effect. It is important that future data collection efforts in the two cities be undertaken, to allow continued moni- toring of these trends. Acknowledgements We gratefully acknowledge funding support for this pro- ject from the Canadian Institutes of Health Research (funding reference GIR 127083), Alberta Health, and Alberta Health Services. Lindsay McLaren holds an Applied Public Health Chair award funded by the Cana- dian Institutes of Health Research (Institute of Popula- tion and Public Health, Institute of Musculoskeletal Health and Arthritis), the Public Health Agency of Canada, and Alberta Innovates - Health Solutions. We thank the following individuals and groups: Dr. Steven Levy, Dr. Eugenio Beltran, Dr. Kathy Phipps, Dr. Barry Maze, Dr. Gary Whitford, Ms. Jodi Siever, Ms. Vicki Stagg, Ms. Learme Rodine, Ms. Joanna Czarnobaj, Dr. Marianne Howell, Ms. Congshi Shi, the dental hygienists and clerks who worked on the project, and the partici- pating school boards, schools, and families. References 1. Featherstone JDB. Prevention and reversal of dental caries: role of low level fluoride. 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Available at: http://www.sugar.ca/Nutrition-Information-Service/ Consumers /How-Much-Sugar-Do-Canadians-Eat. aspx 32 9 331 SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E2L 4LI Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau - Brunswick Canada E2L 4L ANNE -MARIE MULLIN Chair/ President NICOLE PAQUET Vice Chair/Vice President JENNIFER CARHART Secretary/Secretaire MAYOR MEL NORTON Commissioner /Commissaire JOHN MacKENZIE Commissioner /Commissaire BRIAN BOUDREAU Commissioner /Commissaire MICHAEL HAYCOX Commissioner /Commissaire JOHN T. W. BATES M.O.M. Chief of Police /Chef de Police DAPHNE WAYE Executive Administrator/ Secretaire Administrative Telephone/Telephone: (506) 648 -3324 E- mail /Courriel: policecommission @saintiohn. ca /?4 SAINT JOHN Explore our past/ Explorez notre passe Discover your future/ Decouvrez votre avenir March 23, 2016 PUBLIC SESSION M &C 2016 -83 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Re: Sergeant -at -Arms at Council Meetings We wish to advise you that at the Saint John Board of Police Commissioners meeting on March 15, 2016 the following resolution was adopted: "RESOLVED, that the Saint John Board of Police Commissioners support having a Police Officer as Sergeant -at -Arms at Common Council meetings on an "as needed basis" upon request." Respectfully submitted, Anne -Marie Mullin, Chair Saint John Board of Police Commissioners /dew 34 Swanton Street Playground Committee 1.4 Swanton Street, Saint John, NB February 2, 2016 City of Saint John 15 Market Square, Saint John, NB Dear Mayor Norton & Common Council, I am the president of the Swanton Street Playground Committee. Our committee, a group of very dedicated volunteers, have been working very hard since July, 2015 trying to rebuild our community playground. I am writing to make application to the Land for Public Purposes Fund to further assist in the completion of our new Swanton Street Playground. Our original and current playground which has never been upgraded or replaced is in very bad repair and at this point is at the end of its service life. We have been working very closely with Leisure Services to help direct us in snaking sound decisions and to move in a positive direction. We have partnered with the Province of New Brunswick and have been in contact with numerous potential corporate donors. We have been engaging our community in fundraising projects such as 50/50, bottle drives and a draw /ticket sales. We have had many meetings with the children and parents of our community, as well as the Champlain Heights Community Association to boost morale and to receive input on their new playground. We are happy to report that the feedback is very positive and as the June, 2016 completion date draws nearer, the excitement is growing. We are seeking assistance from the LPP fund for an additional $5000 to assist with our fundraising goals. We are very excited as we look forward to seeing our community enjoy their beautiful playground, revitalized basketball court and open green space just in time for Spring. Our new playground will be monitored regularly by local residents who surround the park as well as the Community Association to prevent vandalism. I have included many pictures of our park and a schematic of our new playground equipment. On behalf of our committee and the residents of Champlain Heights, I thank you for your time and consideration and look forward to seeing you at our grand opening in June. Thanks, ' `''v`y' ."�p Cody Arnold, Swanton Street Playground Committee 35 FU N DY j RUE 0114F F E N C I N G LTn. I play Strom. Made in Canada January 26, 2016 Swanton Street Neighbourhood Playground Saint John, NB Name of Project: Playground Equipment — Option #2a Item No. Otyt Description Amount CN -41SSW 1 5' High Stainless Steel Wave Slide $ 2,940.00 CN -417 1 Igloo $ 2,480.00 L208 1 8' High 2 Bay Single Leg Swing w/2 Belt and 2 Baby Seats (wrap -free) $ 2,820.00 CN -71 1 Digger $ 1,100.00 CN -50M 1 4 -Way Bouncing Teeter $ 2,810.00 Installation $ 8,730.00 Ground Preparation By Others Shipping $ 1,000.00 Equipment Cost $ 21,880.00 13% HST $ 2.844.40 Total Cost To place this order, please sign and return by fax to (506) 633 -0625: Signature of Acceptance: Print Name: Position: Pricing is valid on shipping for 30 da vs and on equipment for 90 days. Sincerely, Jamie Cornell .lamie Cornell Date: All Blue Imp Products meet or exceed the C4N /GSA- Z14 -14 specifications Fundy Fencing Ltd. • 41 Galbraith Place, Saint John, NB E21VI 71-1 Toll Free: 1 -800- 260 -3662 • Local: 634 -1433 • Fax: llt- 633 -0625 • fundyfen @nbnet.nb.ca • blueimp.com FU N DV ��o. I E01MV F C I N G Play Strong. Made in Canada Saint John, NB Attn: Barry Freeze Name of Project: Basketball Goal — Option #1 Item No. Qty Description Amount RC -3225 2 Ultimate Basketball Goal w /Stammer Hoop @ $ 1,875.00/ea. $ 3,750.00 Installation Ground Preparation' Shipping Equipment Cost 13% HST Total Cost 1 This includes leveling of the site, paving, etc. To place this order, please sign and return by fax to (506) 633 -0625: Signature of Acceptance: Print Name: Sincerely, Jamie Cornell Jamie Cornell Date: Position: All Blue Imp Products meet or exceed the CAN /CSA- Z14 -I4 speciPrcations. Fundy Fencing Ltd. • 41 Galbraith Place, Saint John, NB E2M 7L1 Toll Free: 1- 800 -260 -3662 • Local: 634 -1433 • Fax: 119�-633 -0625 • fundyfen @nbnet.nb.ca • blueimp.com $ 2,130.00 By Others $ 420.00 $ 6,300.00 $ 819.00 $ 7,119.00 FUNDY FENCING LTD. 41 Galbraith Place Saint John, NB E2M 71-1 Phone (506) 634 -1433 Fax (506) 633 -0625 Toll Free 1 -800 -260 -3662 23:01 Swanton Street Park Saint John, NB Attn: Faith RE; Quotation for Fence Replacement — Basketball Court FMA6*ACC SION To supply all material and labour necessary to remove and install new 12' FFH chain link fence (mesh only, posts /rails to remain), as per our site visit and conversations. The total length of fence to be replaced is to be approximately 200 feet. Please note: I have also included a price to paint the existing posts/rails with galvanized paint to give them a "new" look. This price also includes straightening the basketball goals. Chain Link Fence — Galvanized Only The material is to consist of 2" x 9 gauge x 144" galvanized mesh and miscellaneous fence fittings. Quotation Amount (replace mesh) $ 21895.00 + HST Quotation Amount (paint posts/rails) $ 11364.40 + HST Should you have any questions or require additional information do not hesitate to contact our office. Yours truly, Fundy Fencing Ltd. Jamie Cornell Jamie Cornell ALL DUOTATIONS AND AGREEMENTS CONTINGENT I)PON STRIKES. ACCIDENTS AND OTHER DELAYS UNAVOIDABLE OR BEYOND OUR CONTROL, QUOTATfCNS ARE SUBJECT TO CHANGE WfiHOUT NCAU SUBSIDIARY OF HEN BRUNSW13 tE FENCE CO. LTD. EST. 189P 1/26/2016 20150926_OM718 Mpg MP -L U T1/ I A VII \ �./ Saint n. NO Ell 471 J /W& hereby authorize Fundy Poving Telepl me. 65 -.7341 Of Saint john, N. B. to do the following t -B00 a3B -3466 Date war# and installation, Zone: -lob - -- job Descri lion Specifications Cas: A egrade Total Area f 1 Proof Roll The Sub Base L I Pave With ,move The Clear Stone Li Place Crusher Run Gravel, & Compact 'L i move any clay or large rock from within 6" of the new pavement ?K ORDER: �l IMMMI A hftps:ilmail.google.com /mail /LVO /lAnbox l5Ofe45404cedbab ?projector =1 39 111 2 m OD N O U ti N O cc O N N M Mf4' IN L a a+s 0 0 I , � a VH O � Oa o Ry �C u Ln °p c �. Q Z Q d 936 fl ab v In 4A M V/ ea o W 06 C: z6 C) 5 L �1! N 3 I , Mk JBI I I I Sculpture SAINT JINN City of Saint John PO Box 1971 Saint John, NB E21, 4L1 Attn: Mayor and Council Dear Mayor Norton and City Councilors Sculpture Saint John PC &12,0090 K�'i3 Bt�3t�SSV1oCk:iqu::rF; Stw i John. NO EEL 5B w w wSculrlturpsa;nijohn. corn Twwilter ,�sculvturmsi Fac000lca,ikfuTr�e rrrll htl August 41h - September 17th Sculpture Saint john will be hosting the third International Sculpture Symposium on the waterfront. Our past two events in 2012 and 2014 welcomed over 65,000 visitors from all over the globe, resulted in 14 monumental sculptures permanently installed in southern New Brunswick and taught people of all ages a little more about public art. The City of Saint John played an important part in the success of this event with both cash and in -kind support. I would like to request you consider doing the same this year as 2014. This included a $7500 sponsorship as well as garbage removal and cleanup at the site, loan of picnic tables and tools and support of city staff. All of these meant we were able to have a symposium that was a huge success and brought pride to our city. In 2012 the City of Saint John was a community partner which meant receiving a sculpture now located at the entrance to Rockwood Park. One of the goals of the New Brunswick International Sculpture Symposium is to connect communities through affordable public art. Each of these sculptures are worth many times the cost that the community pays ($15,000 over two years). Our original mandate is to have five symposiums which means we have two more one in 2018 and 2020. We would like to see the City of Saint John benefit by committing, once again, becoming a community partner in two years time. At this point we have three confirmed partners and hope to have the final 5 by this June, 2016. This allows communities to plan and budget for the two payments ($7500 in 2017, $7500 in 2018) for the 2018 symposium. This allows the City to select the location of the sculpture. We would like to request an opportunity to do a presentation to council at your earliest convenience to discuss the upcoming symposium. Sincerely Diana Alexander Executive Director Sculpture Saint John 45 Li by O'Hara Chair- Board of Directors New Brunswick International Symposium Inc. Q , ifjio K\ COUNCIL REPORT M &C No. 2016 -81 Report Date March 24, 2016 Meeting Date April 04, 2016 Service Area Finance and Administrative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: BeaverTails Mobile -Unit Licence Agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Curtis Langille Kevin Fudge Jeff Trail RECOMMENDATION 1. That the City enter into the Commercial Inc. and Parent and M &C 2016 -81 , and further Licence agreement with Beavertails Sons Investment Ltd. as attached to 2. That the Mayor and Common Clerk be authorized to execute the said Licence Agreement. I : «tf jI19a1#1� 111 ► i'I BeaverTails is a food vendor franchise that is seeking approval from the City to operate one of its mobile units in 2016 on City owned Loyalist Plaza. Saint John Waterfront Development manages and maintains the City owned lands, included as part of the Loyalist Plaza. Saint John Waterfront Development has reviewed and is in agreement with the terms and conditions for this season, which are set out in the attached Licence document that has been prepared by the City's Legal Department. PREVIOUS RESOLUTION Common Council at its meeting of April 14, 2014 approved the operation of the BeaverTails mobile unit on City owned property, near the Little Red Schoolhouse. ., -2- STRATEGIC ALIGNMENT Providing for entrepreneur opportunities in the City's Uptown Core aid in creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT BeaverTails wishes to locate one of its mobile units on City owned property within the Loyalist Plaza area (see attached map) for a fourth consecutive year. The attached terms and conditions of the Licence Agreement are essentially the same as per the previous year, except for a 10 per cent rent increase and also to shorten the term from seven down to six months. If Council is in agreement, the following recommendation will facilitate Beavertails mobile unit to once again be in operation for the season of 2016 on City owned property. SERVICE AND FINANCIAL OUTCOMES The BeaverTails Mobile Unit situated in the Loyalist Plaza area will add to the vitality and commercial offerings in the City's Uptown area. Staff has negotiated a 10 per cent increase in the monthly rent over last year. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Saint John Waterfront Development has reviewed the attached Licence document and is in agreement with its terms and conditions. The City's Legal Department has prepared the Licence Agreement. ATTACHMENTS Licence Agreement with BeaverTails Commercial Inc. 47 THIS LICENCE made in duplicate as of the 1-7 day of 2016 BY AND BETWEEN: THE CITY OF SAINT JOHN having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor ", OF THE FIRST PART IF1T! BEAVERTAILS COMMERCIAL. INC., a body corporate duly incorporated under the laws of Canada, having its head office in the City of Montreal in the Province of Quebec, and PARENT AND SONS INVESTMENTS LTD,, a body corporate duly incorporated under the laws of the Province of New Brunswick, having its head office in the City of Saint John in the County of Saint John and Province of New Brunswick, hereinafter collectively called the "Licensees ", OF THE SECOND PART RECITALS: WHEREAS the Licensor is the owner of the lands bearing PID number 55011894 shown on Schedule A attached hereto and forming part hereof (hereinafter the "Lands "); AND WHEREAS the Licensees wish to operate a BeaverTails mobile unit in the northeast corner of the Lands highlighted in red on Schedule "A" (hereinafter the "Licensed Area "), AND WHEREAS the Licensor has agreed to give the within Licence under the terms and conditions hereinafter set forth; NOW THEREFORE THIS LICENCE WiTNESSETH that for and in consideration of the sum of Two Dollars of lawful money of Canada now paid by the Licensees to the Licensor, the receipt and sufficiency whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and Licence to the Licensees to enter into and upon and exit from the Lands for the sole purpose of using the Licensed Area to set up and operate a 48 `-{'" Licence Agreement The City of Saint John and Beavertails Commercial Inc- Page 2 of 4 BeaverTalls mobile unit for the term of this Licence, on the following terms and conditions. IT 13 AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1, This Licence shalt be for a period of six (6) months, beginning on April 15, 2016 and ending October 15, 2016 (the "Term "). 2. The Licensees shall pay to the Licensor for the permission and license herein given the sum of Two Thousand Six Hundred and Forty Dollars ($2,640.00) (Canadian dollars) exclusive of HST payable in six (6) equal installments of Four Hundred and Forty Dollars ($440.00) (Canadian dollars) each payable on the 15"' day of each and every month from and including April 15, 2016 and including September 15, 2016. 3. The Licence may be terminated at any time by the Licensor giving to the Licensees thirty (30) days written notice to terminate this Licence or by one (1) or both of the Licensees giving to the Licensor a like notice. 4. Notice to the Licensor shall be to the Common Clerk of the City of Saint John at 15 Market Square, P.O. Box 1971, Saint John, New Brunswick, E2L ,+L1, with a copy to Saint John Waterfront Development at One Market Square, Suite 301, Saint John, New Brunswick, E21- 4Z6, Attention: Kent Macintyre. Notice to the Licensee BeaverTails Commercial Inc. shall be by email to Elena (a)beaverta i Is, com and to the Licensee Parent and Sons Investments Ltd. At 20 Burnside Crescent, Saint John, New Brunswick, E2M 5P4. 5. The Licensees agree and acknowledge that there is a pending Development on the Lands. 6. Notwithstanding anything else herein contained, this Licence may be terminated forthwith without notice to the Licensees in the event that either one or both of the Licensees shall, in the opinion of the Licensor, be in default of any of the terms and conditions of this Licence 7. No transfer or assignment of this Licence or of any of the rights or privileges herein granted shall be made, or caused or permitted to be made by the Licensees. &. The Licensees hereby covenant and agree with the Licensor as follows: a) that they shall only use the Licensed Area for the location and operation of the BeaverTails Mobile Unit for the sale of food products; b) that they shall pay for all connection and operational costs associated with electrical power, water and drainage for the BeaverTails Mobile Emit and for the disconnection of same upon completion of the Term; r .• Licence Agreement The City of Saint John and Beavertails Commercial Inc. Page 3 of 4 C) that the hours of operation will conform to daily retail hours, weather permitting and will not exceed 1:00 a.m_ daily; d) that only the BeaverTails Mobile Unit is permitted in the Licensed Area (no passenger /cargo vehicles); e) that they shall comply with all applicable Canadian Food Inspection Agency and other applicable regulations and legislation; f) that they shall not use the Licensed Area for any other purpose than that which is stated at paragraph a) hereof; g) that they shall Keep the area around the BeaverTails Mobile Unit clean and tidy at all times and clean up daily in the immediate area surrounding the BeaverTails Mobile Unit. Clean up shall include the disposal of any /all debris associated with fast food delivery (pop cans, bottles, coffee, cups, napkins, plates, utensils and related articles) within a 40 foot diameter of the BeaverTails Mobile Unit; h) that they shall, at no expense to the Licensor, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial General Liability Insurance policy with policy limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross - liability clause; i) that they shall, on or before April 15, 2016, submit to the City a Certificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph h) hereof; IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 9. No change or modification of this Licence shall be valid unless it is in writing and signed by the Licensor and the Licensees. 10. This Licence supersedes and takes the place of all prior agreements entered into by the parties with respect to the Licensed Area, 11. This Licence shall not be enforced or bind any of the parties thereto, until executed by all the parties named in it. 12. Notwithstanding any clauses herein, the Licensees does hereby indemnify and save harmless the Licensor from all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained 50 Licence Agreement The City of Saint John and Beavertails Commercial Inc. Page 4 of 4 by others based upon or arising out of or in connection with the use of the Licensed Area and BeaverTails Mobile Unit pursuant to the within Licence or anything done or purported to be done in any manner hereunder, except for damages caused by the City's negligence. THIS LICENCE shall enure to the benefit of and be binding upon successors and assigns of the parties hereto respectively. SIGNED, SEALED & DELIVERED ) In the presence of: ) THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: , 2016 BEAVERTAILS COMMERCIAL INC. PARENT AND SONS INVESTMENTS LTD. Per. President 51 �n ,U CD P- CD w CD rn CD cn 7-� fli C) pa WP 11 * -1 Spo ilia—. rw,ob 4t I % 1 116. x I It Ala. go* it H ZIIP-O 52 co su iV O Q , ifjio K\ COUNCIL REPORT M &C No. 2016 -87 Report Date March 29, 2016 Meeting Date April 04, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Public Information Session: McAllister Drive — Water Main Renewal (Phase 1 - Westmorland Road to #402 McAllister Drive) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Susan Steven -Power Brian Keenan Jeff Trail RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the McAllister Drive — Water Main Renewal - Phase 1 (Westmorland Road to #402 McAllister Drive) project and to update Council on the status of the project. PREVIOUS RESOLUTION November 9, 2015 - 2016 Water & Sewerage Utility Fund Capital Program Approved. This report aligns with Council's Priority for Sustainable Infrastructure. REPORT The approved Water & Sewerage Utility Fund Capital Program includes a project for the design and renewal of watermain on McAllister Drive. 53 -2- Staff looks forward to the tender closing in late April, 2016. Construction is expected to begin in June 2016 and continue until September 2016. This is a project that will impact the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Threshold Ministries at 105 Mountain View Drive on Thursday, April 7, 2016, from 2 -4 p.m. and 6 -8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. The Public Information Session will be advertised and a copy of the attached notice will be delivered door to door in the project area. SERVICE AND FINANCIAL OUTCOMES The water main on McAllister Drive is in poor condition and requires replacement. The renewal of the water main will reduce the likelihood of future service disruptions to the local residents and businesses due to infrastructure failures. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Public Information Session Notice 54 am x The City of Saint John PUBLIC INFORMATION SESSION McALLISTER DRIVE — WATER MAIN RENEWAL - PHASE 1 (WESTMORLAND ROAD TO #402 McALLISTER DRIVE) The City of Saint John will be renewing the water main on McAllister Drive from Westmorland Road to the Pressure Reducing Valve at #402 McAllister Drive. The project includes the installation of new water main and services as well as reinstatement of concrete curb, concrete sidewalk and asphalt as required. Construction is planned to begin in June and is expected to continue into September 2016. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Although there will be water interruptions and delays in traffic, it is our intent to keep these inconveniences to a minimum. This project is part of the City's ongoing commitment to continually improve its infrastructure. This project is part of the 2016 City of Saint John Water & Sewerage Utility Fund Capital Program. Representatives from the City of Saint John will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: Date: Thursday, April 7th, 2016 Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm Location: Threshold Ministries 105 Mountain View Drive For further information about this project, contact the City of Saint John Transportation and Environment Services at (506) 658 -4455. 55 Q , ifjio K\ COUNCIL REPORT M &C No. 2016 -85 Report Date March 23, 2016 Meeting Date April 04, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT. Contract No. 2016 -01: Ready Street — Watermain, Sanitary Sewer and Storm Sewer Renewal OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Joel Landers Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2016 -01: Ready Street — Watermain, Sanitary Sewer and Storm Sewer Renewal be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $998,918.87 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2016- 01: Ready Street — Watermain, Sanitary Sewer and Storm Sewer Renewal to the low Tenderer. PREVIOUS RESOLUTION November 9, 2015; 2016 Water & Sewerage Utility Fund Capital Program Approved. December 17, 2015; 2016 General Fund Capital Program Approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Sustainable Infrastructure. 56 -2- REPORT BACKGROUND The approved 2016 General Fund and Water & Sewerage Utility Fund Capital Programs include funding for the renewal of the existing watermain, sanitary sewer and storm sewer on Ready Street from Main Street West to Catherwood Street. TENDER RESULTS Tenders closed on March 23, 2016 with the following results, including HST: 1. Galbraith Construction Ltd., Saint John, NB $ 998,918.47 2. TerraEx Inc., Saint John, NB $ 1,028,427.69 3. Fairville Construction Ltd., Saint John, NB $ 1,072,701.09 4. Debly Enterprises Ltd., Saint John, NB $ 1,394,206.43 The Engineer's estimate for the work was $1,202,103.04 including HST. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. 19nr e321fyi_IIIIIIIIIrurlwr.>- ellrr•1►Fy The Contract includes work that is charged against the 2016 General Fund and Water & Sewerage Utility Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 1,410,000 Project net cost $ 1,010,416 Variance (Surplus) $ 399,584 57 -3- POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents and businesses due to infrastructure failures. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS N/a Q ' if ji'om COUNCIL REPORT M &C No. 2016 -88 Report Date March 29, 2016 Meeting Date April 04, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT. 2016 Community Grant Recommendations OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Rev. Erik Kraglund Barry Freeze Michael Hugenholtz Jeff Trail RECOMMENDATION Common Council approve the recommendations in this report as submitted by the Community Grants Committee. EXECUTIVE SUMMARY Following the last set of grants administered by the Community Grants Committee per Common Council approval on March 7, 2016, the 2016 Community Grants Envelope holds a balance of $7121. As recent funding requests received through Common Council were for date - specific events, and the Community Grants Committee was not scheduled to meet before July 2016, evaluation of the requests was done by telecommunications with committee members. PREVIOUS RESOLUTION RESOLVED that as recommended by the City Manager in report M &C 2016 -48: 2016 Community Grant Recommendations, Common Council approve the recommendations in the report as submitted by the Community Grants Committee. 59 -2- STRATEGIC ALIGNMENT The Community Grant Program supports Common Council's priority to become a Community of Choice. REPORT The Community Grants Committee reviewed and evaluated the following funding requests referred by Common Council: A. The Gaia Project — unspecified sponsorship for summit B. CODS2016 Open Data - $2000 sponsorship for summit C. Loyalist House (NB Historical Society) — waive permit fees estimated at approximately $3200. The Community Grants Committee recommends the following to Common Council: 1) That no funding be allocated to any of the above grant requests. A and B - Requests do not fall within the scope of the Community Grants Program. C - Previously received 2016 funding through the Community Grants Program. SERVICE AND FINANCIAL OUTCOMES On approval by Common Council, the total balance of $ 7,121 will remain in the Community Grant Program to be administered on a case by case basis through referral by Common Council to the Community Grants Committee. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A •1 Q , ifjio K\ COUNCIL REPORT M &C No. 2016 -73 Report Date March 03, 2016 Meeting Date April 04, 2016 Service Area Finance and Administrative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Banking Services OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Craig Lavigne Kevin Fudge Jeff Trail RECOMMENDATION It is recommended that Common Council adopt the following resolution: "Resolved that Common Council accept the proposal from the Bank of Nova Scotia for the provision of banking services for a five year period ending June 30, 2021" EXECUTIVE SUMMARY The current service agreement with the Bank of Nova Scotia is set to expire on June 30, 2016. The purpose of this report is to outline information pertaining to the new proposal, including the financial implications, and to recommend acceptance of the proposal for the five year period ending June 30, 2021. PREVIOUS RESOLUTION September 26, 2011 — "It is recommended that the proposal of the Bank of Nova Scotia for the provision of banking services for the five year period ending June 30, 2016 be accepted" STRATEGIC ALIGNMENT The recommendation aligns with Council's priority for Economic Health, as the proposal offers financial savings to the City and its Agencies, Boards, and Commissions. 61 sa REPORT BACKGROUND The Bank of Nova Scotia is the City's current provider of all banking services, supporting the most common banking transactions such as over the counter deposits, incoming electronic payments, outgoing electronic payments and outgoing cheques. The current service agreement with the City is set to expire on June 30, 2016. CONTINUOUS IMPROVEMENT The Bank of Nova Scotia's proposal builds upon several of the continuous improvement processes and technology advances that have been implemented during previous agreements. The proposal provides the City the opportunity to take advantage of new Scotia services that will optimize the City's management of cash flow and automate manual processes such as the reduction of manual cheques through use of Electronic Fund Transfers (EFT). The proposal will see a reduction in banking costs and an increase in interest revenue for the City. d 1► F-11 L1 [ : � l F-11 111111 :1 C Z 91 Z 611e1 I The Bank of Nova Scotia proposal reduces the City's annual banking costs from approximately $40,000 to $32,300, resulting in real annual savings of $7,700. This renewal also includes a higher interest rate on City cash deposits, which based on average cash balances, is expected to generate incremental annual interest revenue of approximately $11,000. Combined, the annual financial impact for the City is valued at approximately $18,700. This proposal extends pricing to Agencies, Boards and Commissions who are current Bank of Nova Scotia customers. This includes Harbour Station, Non Profit Housing Inc., Industrial Parks, Aquatic Center, Saint John Transit, Destination Marketing Organization, and the Public Library. The proposal offers savings of approximately $5,600 per year in banking fees and additional revenue of approximately $5,000 per year for the entities combined. This combined value proposition for the City and ABC's is approximately $13,300 in banking fees and an estimated $16,000 in additional interest revenue for a net impact of $29,300 yearly. Another potential opportunity is the Bank of Nova Scotia is extending pricing to all of the City ABC's. This can provide savings for ABC's that would not have the transactions or cash balances to qualify for this offer on their own. 62 -3- SERVICE AND FINANCIAL OUTCOMES This Bank of Nova Scotia proposal provides financial savings to the City and offers continuous improvement opportunities. The cost to integrate with a new banking system was also considered in evaluating the current proposal. Significant time and effort would be required to test and implement a new banking system with the City's Management Information System. The implementation of a new system could impact service delivery to our customers with slower payment processing, service interruptions and potential changes to the service. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management has reviewed the proposal and confirms that staff's recommendation to renew the banking proposal with the Bank of Nova Scotia Bank falls within the guidelines of the Procurement Act. ATTACHMENTS List attachments related to report. 63 Q , ifjio K\ COUNCIL REPORT M &C No. 2016 -93 Report Date March 30, 2016 Meeting Date April 04, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Public Information Session: Newman Street — Watermain, Sanitary Sewer, and Street Reconstruction OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager David Russell Brian Keenan Jeff Trail RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Newman Street — Watermain, Sanitary Sewer, and Street Reconstruction project, and to update Council on the status of the project. PREVIOUS RESOLUTION November 9, 2015 - 2016 Water & Sewerage Utility Fund Capital Program Approved. December 17, 2015 — 2016 General Fund Capital Program Approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Sustainable Infrastructure. M -2- REPORT The approved Water & Sewerage Utility Fund and General Fund Capital Programs include projects for the design and construction of Newman Street - Watermain, Sanitary Sewer, and Street Reconstruction. Staff looks forward to the tender closing in April, 2016. Construction is expected to begin in May, 2016 and continue into September, 2016. This is a major project that will impact the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Nick Nicolle Community Centre at 85 Durham Street on Thursday, April 14, 2016, from 2 -4 p.m. and 6 -8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. The Public Information Session will be advertised and a copy of the attached notice will be delivered door to door in the project area. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure on this section of Newman Street is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents and businesses due to infrastructure failures. I►�►1�jry7�7�TI�jI:I�: �: 9I � ►:7 �FIFT►�I�JLJf ►:T F& .IF N/a ATTACHMENTS Public Information Session Notice 65 am R A', The City of Saint John PUBLIC INFORMATION SESSION NEWMAN STREET - WATERMAIN, SANITARY SEWER, AND STREET RECONSTRUCTION The City of Saint John will be undertaking the reconstruction of Newman Street between Albert Street and Holly Street as well as Holly Street from Newman Street to Victoria Street. The project includes the renewal of the existing watermain and sanitary sewer (Newman Street only), installation of a section of new watermain (Newman Street only), relocating of select above ground utilities poles, and road reconstruction consisting of new concrete curb, concrete sidewalk, asphalt resurfacing, and landscaping within the construction limits. Construction is planned to begin in May and is expected to continue into September 2016. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Although there will be water interruptions and delays in traffic, it is our intent to keep these inconveniences to a minimum. This project is part of the City's ongoing commitment to continually improve its infrastructure. This project is part of the 2016 City of Saint John Water & Sewerage Utility Fund Capital Program and the General Fund Capital Program. Representatives from the City of Saint John will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: Date: Thursday, April 14th, 2016 Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm Location: Nick Nicolle Community Centre 85 Durham Street For further information about this project, contact the City of Saint John Transportation and Environment Services at (506) 658 -4455. .. N Nouveau B iew unswick C A N A D A File No. 32 -105 March 18, 2016 Mr. Mel Norton, Mayor City of Saint John PQ Box 1971, 15 Market Square Saint John NB E2L 4L1 Dear Mayor Norton: I am pleased to advise you that under our 2016 program for improvements to provincially designated highways in municipalities, my department is prepared to partner with your city on the following project estimated at $110,000 plus non - recoverable HST. Route 111 (Saint Martins Road) from Loch Lomond Road to the city limit, asphalt paving, a distance of approximately 0.8 km. The municipal contribution for eligible items on this project is $55,000 (50 %). This project will be tendered and supervised by the City of Saint John. The City of Saint John will invoice the Department of Transportation and Infrastructure for its share of the costs at the end of the construction season. The city's tender package for 2016 construction should be submitted to Mr. James Hoyt, D.Fng. Acting Director of Design, for approval. Where projects are approved by the Department for tender by the municipality, the tender advertisements must identify provincial participation. The funds are being provided with the understanding and agreement that the municipality must follow the spirit of the Crown Construction Contracts Act and Regulations, and that audits will be carried out by the Province from time to time, Minister /Ministre Transportation and Infrastructure/Transports et Infrastructure P.O. Box /C.P. 6000 Fredericton New Brunswick /Nouveau- Brunswick E36 5H1 Canada E11- www.gnb.ca Mr. Mel Norton, Mayor March 18, 2016 Page 2 If required, Department of Transportation and Infrastructure Engineers from our Saint John office are available to discuss the particulars regarding this work with your municipality. Sincerely, R g r MelansoCin� Minister of Finance /Minister of Transportation and Infrastructure c.c. Alan Kerr, District Engineer — Saint John Clerk .: PRO CLAMA TION WHEREAS oncology nurses are committed to providing quality oncology care; WHEREAS oncology nurses have demonstrated excellence in patient care, teaching, research, administration, and education in the field of oncology nursing; WHEREAS oncology nurses endeavour to educate the public in the prevention and treatment of cancer, NOW THEREFORE: I, Mayor Mel Norton, of Saint John, do hereby proclaim April 5, 2016 as Canadian Oncology Nursing Day in Saint John, New Brunswick and urge all residents of Saint John, New Brunswick to join in observance of and participate in activities to recognize the special contribution oncology nurses provide to the public. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. .• 395 Manchester Avenue � Rezoning a Sol - Community Planning & Development Growth & Community Development Services ,Yr T co 71 N m FG �pN AV p -S c .q tv - V� � _.t S b % FL o � r� Y 71 N m FG �pN AV p -S c .q G 72 \ ` / v l fArel /1[O116AN1E t / r / _ o amla: umim �I °�y I � NNU P1Fn611 'f 4 , 4 T T -- _.J x GALBRA"CONSTRUCTION ... — -� lo.._._..- - -' �- -_�„,� _ 6 1� o•Wy ao➢i'.... _ Mr.m e6!_roxro B —B E E � I.walam �a ` -�.� �_... _ is — �� wtltl6 � w ___ .w,sY_'r.. �.�iw "'ym3'____.. -u.a� -ieo CROSSSECTKMS C —C ..�4�... 6e..ti_. iWk:� _ "Uellc urti�, .._•.• ',,p .. 3-" .•.x1V 111000 72 77T; el, D-D E-E K 73 a Iola --2ODO GALBRArrH CONSMCTION SECrWNS A-A 7 64. B-B D-D E-E K 73 a Iola --2ODO GALBRArrH CONSMCTION SECrWNS 74 75 Riga! Ncentlal Fork and Platrfral Area Res ki, Rural Resource Low De Reside Staiile lesirdentlal Heavy Industrial Parlr an Matural ArK-:Pa r 2 r. " c Stable _ Resler, r-J Mann q r, �, 0 Ci x Cfl an aI ra i P . Are .'. J. Liu r xI( Parlr an Matural ArK-:Pa r 2 Vrlaar: 76 Ls AYJ r. " c Vrlaar: 76 Ls AYJ 1 1.2 crm Us T Iii %ho R2 R2 Rl f� --4.00001* R2 1171.1 Rl RIJ R2 a RN R2 0 Ln Ii,2 TA 3; I 77 R W. staff recommend PAC approve the rezoning application subject to Section 39 conditions I PAC recommends Council approve the rezoning application subject to Section 39 conditions Community Planning &Development Growth &Community Development Services March 16, 2016 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning 395 Manchester Avenue The City of Saint John On February 22, 2016 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 15, 2016 meeting. Rick Turner of Hughes Surveys & Consultants Ltd., on behalf of Galbraith Construction Ltd., appeared before the Committee and expressed agreement with the Staff recommendation. Mr. Turner communicated that a notice was delivered to 20 property owners immediately adjacent to the site and 2 others who expressed interest in the applicant's operations in the past. These propertieE are beyond the 100 metre notification area established by the Committee's Rules of Procedure. The applicant conducted an open house to provide neighbours with the opportunity to respond to the proposal. No other persons appeared before the Committee and no letters were received regarding the application. After considering the report and comments, the Committee adopted the Staff recommendation to rezone the property subject to Section 39 conditions. RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 4 hectares, located at 395 Manchester Avenue, also identified as PID Nos. 55190003 and 55196695, from Rural (RU) to Pit and Quarry (PQ). Page a of 2 83 Hughes Surveys & Consultants Inc. 395 Manchester Avenue March 16, 2016 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 4 hectares, located at 395 Manchester Avenue, also identified as PID Nos. 55190003 and 55196695, for an expansion of the existing gravel pit shall be subject to the following conditions: a) That no blasting occur on the site, and b) That the access to the rezoned area be limited to the existing access developed on PID 00408294. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 84 E The Cary of Saint John Date: March 11, 2016 To: Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting of Tuesday, March 15, 2016 SUBJECT Applicant: Owner: Location: PID: Plan Designation: Existing Zoning: Proposed Zoning: Application Type: Jurisdiction: Hughes Surveys & Consultants enc. on behalf of Galbraith Construction Ltd. Galbraith Equipment Co. Ltd. 395 Manchester Avenue 55190003& 55196695 Rural Resource Rural (RU) Pit and Quarry (PQ) Rezoning 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 recommendation will be considered by Common Council at a public hearing on Monday, April 4, 2016. Page 1 of 6 Hughes Surveys & Consultant Inc. 395 Manchester Avenue March 11, 2016 SUMMARY The applicant proposes to rezone the subject site from Rural (RU) to Pit and Quarry (PQ) to permit the expansion of the existing pit on the adjacent property. The expansion of the pit would allow for the removal of a knoll that borders the subject site and the existing pit to facilitate the future residential development of the area. The removal of the knoll would also facilitate the drainage of the site by allowing stormwater from the subject site to drain to an existing pond that forms part of a closed loop drainage system on the pit property. The site is designated Rural Resource in the Municipal Plan; this designation allows for the development of aggregate extraction operations. The proposed Pit and Quarry (PQ) zone has detailed requirements to ensure excavation is conducted in an appropriate manner. Staff recommend approval of the proposed rezoning subject to conditions. RECOMMENDATION 1. That Common Council rezone a parcel of land with an area of approximately 4 hectares, located at 395 Manchester Avenue, also identified as PID Nos. 55190003 and 55196695, from Rural (RU) to Pit and Quarry (PQ). 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 4 hectares, located at 395 Manchester Avenue, also identified as PID Nos. 55190003 and 55196695, for an expansion of the existing gravel pit shall be subject to the following conditions: a) That no blasting occur on the site, and b) That the access to the rezoned area be limited to the existing access developed on PID 00408294. DECISION HISTORY The gravel pit located on the adjacent site, identified by PID 00408294, is longstanding. Dexter Construction formerly owned the pit, and it was known as the Dexter Pit, Galbraith Equipment Co. Ltd. has since acquired the property, and has conducted an aggregate extraction operation on the site for over 30 years. Common Council approved a rezoning application on February 19, 2001 to place the existing gravel pit operation in the "PQ" Pits and Quarries Zone, a zone specifically created for gravel pits and quarries. On February 18, 2014, the Planning Advisory Committee approved a conditional use, subdivision, and variance application to permit Bell Mobility to erect a 77 metre Page 2 of 6 99 Hughes Surveys & Consultant Inc. 395 Manchester Avenue March 11, 2016 telecommunications tower with ancillary equipment on the adjacent gravel pit property identified by PID 00408294. The application created the property identified by PID 55223226. ANALYSIS Proposal The applicant proposes to rezone the subject site from Rural (RU) to Pit and Quarry (PQ) to permit the expansion of an existing pit located on the adjacent site. The applicant proposes to conduct no blasting on the subject site. Excavation on the site would remove a knoll to facilitate future development of the land. Additionally, the excavation would address stormwater management issues by allowing the complete site to drain toward the northeast corner of the existing pit property where a pond is maintained as part of a closed loop drainage system. When the applicant has completed the proposed excavation of the site, it intends to remediate the site and develop it as a residential subdivision. The applicant has submitted a conceptual site plan showing a proposed future street pattern for information purposes (see attached). It should be noted that any future residential development will require amendments to the Municipal Plan and Zoning By -law. Site and Neighbourhood The subject site is located in West Saint John. A pit is located on the property adjacent to the subject site, identified by PID 00408294 that the applicant's affiliated company also owns. Over the years, the area to the east of the subject site and adjacent site has been developed into a residential subdivision with one- and two -unit dwellings. The larger surrounding area is primarily residential in character and the land adjacent to the site to the north, south, and west is rural in character (see attached zoning map). The subject site consists of two lots with a long narrow shape and a total area of approximately 4 hectares. A knoll of gravel straddles the site's northern property line, which borders the properly of the adjacent pit. The excavation located on the adjacent pit property has encroached upon the subject site and, if the Committee rezones the subject site, this encroachment would be resolved. A fibre optics easement is located along the south boundary of the site that is associated with a nearby telecommunications tower. This easement limits the area of the site that can be excavated. Municipal Plan and Rezoning The subject site is designated Rural Resource in the Municipal Plan and is located outside of the Primary Development Area (PDA). Plan Policy LU -95 directs that "land within the Rural Resource Area designation shall generally remain in their natural state, or, subject to regulation and required approvals, be used for appropriate resource uses including [ ... ] pits and quarries." Policy LU -96 relates specifically to the pits and quarries located within the Rural Resource Area Page 3of6 hes Surveys & Consultant Inc. 395 Manchester Avenue March 11, 2016 designation, and requires that pits and quarries be located within the Pits and Quarries zone and that their use be in accordance with the requirements of that zone. The proposed expansion of the pit is aligned with Municipal Plan goals for the development of land within Rural Resource Areas. The subject site is currently zoned Rural (RU) and the applicant proposes to rezone the site to Pit and Quarry (PQ) to permit the expansion of the adjacent pit onto the subject site. The proposed pit expansion meets all of the Zoning By -law requirements for the establishment and operation of a pit in the Pit and Quarry (PQ) zone. The By -law has detailed requirements for the establishment and operation of pits and quarries to ensure their development is undertaken in a way that respects the environment, neighbouring properties, utilities and services, and other City By -laws. The Zoning By -law restricts the actively excavated area of a pit to less than 5 hectares. While the actively excavated area of the pit is significantly larger than 5 hectares, the pit was established prior to the adoption of the Zoning By -law. Therefore, the actively excavated area of the pit is limited to its area when the Zoning By -law came into effect in December 2014 —19.5 hectares. If the actively excavated area is expanded, an equal or greater area of the existing pit must be remediated, so the net actively excavated area does not increase. When evaluating this proposal, staff considered the opportunity to rezone the southeastern portion of the adjacent property from Pit and Quarry (PQ) to Rural (RU) in a subsequent application. Removal of the Pit and Quarry (PQ) zoning would ultimately prohibit aggregate extraction on this portion of the site, and reduce any potential land use conflict with adjacent residential lands. However, staff note that even with the Pit and Quarry (PQ) zoning remaining on this portion of the site, there are significant constraints to the expansion of the aggregate extraction operation in this area. These constraints include the presence of the natural gas pipeline, the presence of a provincially regulated wetland, and the required setbacks in the Pit and Quarry (PQ) zone from residentially zoned land. Based on a preliminary review by Staff these constraints limit the ability of the landowner to develop extraction operations on this portion of the site. Staff recommend that further discussions occur with the landowner regarding this area, and note that the upcoming suite of housekeeping amendments to the Zoning By -law may provide an avenue to change the zoning of this small portion of the site. Conclusion Staff support the proposed rezoning of the subject site from Rural (RU) to Pit and Quarry (PQ) to permit the expansion of an existing pit onto the subject site. The Municipal Plan allows for pits in Rural Resource areas provided the land is zoned Pit and Quarry (PQ), and the establishment and operation of a pit meets the detailed requirements of the Zoning By -law's Pit and Quarry (PQ) zone. The applicant proposes to meet all the By -law requirements; therefore, the expansion of the pit is not expected to have a negative impact on the surrounding area. Page 4 of 6 Hughes Surveys $ Consultant Inc. 395 Manchester Avenue March 11, 2016 ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT Proponent The applicant delivered a notice to 20 of the immediately adjacent property owners and two others who expressed interest in the applicant's operations in the past. These properties are beyond the 100 metre notification area established by the Committee's Rules of Procedure. The applicant conducted an open house to provide neighbours with the opportunity to respond to the proposal. Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on March 2, 2016. The public hearing for the rezoning was advertised in the Telegraph- Journal on March 10, 2016. SIGNATURES AND CONTACT Prepared by: Kristen Flood, MPI Planner Contact: Kristen Flood Phone: 506.658.4528 E -mail: kristen.flood @saintjohn.ca Project: 16 -029 :• Approved by: V d Mark Reade, P.Eng., MCIP. RPP Senior Planner Page 5 of 6 Hughes Surveys & Consultant Inc. 395 Manchester Avenue March 11, 2016 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2: Conceptual Site Plan a Page 6 of 6 i t i 1 ' 1 -- r 41, ' a A16" J C7 ro G _ n r Map 1, - Sias Loccation I i-flughas Surveys & Consvitants Inc. - 395 MancllesterAfflnue a R� W IF VttAG G Q z a v � m v En 'lull 3 cn S N O yY' 7Z } d n i,} m -7L A� pN AV { The City of Saint John Date: March -09 -16 0 250 m I 1 I !aural t'esicle�tial -ti stable_ T' s. ``; Park and 14aftrral Area �Tj Res Low r7ensity ,'esidental - stable ,,� sidential Map - Future Land sim Hughes Surverys & C-Oonsu!tants I:1c. - 395 Manchester "nue and 1�aE'xiral Area 'Oars ant' Plfa.�uraf Area Heavy 'nditstrial PI 3tabe Reside shat 0 CD Url;ar ResArve O 0. r a S F m 1 � Larch6. �.c IUM,emc�rlaf 'Park The City of Saint John Date: March -09 -7 6 0 200 m fi 0 v � N Q !1! � 0. r a S F m 1 � Larch6. �.c IUM,emc�rlaf 'Park The City of Saint John Date: March -09 -7 6 0 200 m s CL s� 1 4(kk 'v CJ a s� RU CFM ua r R1 (rV � GP +R1 � -� o R1 (CFM) Major Community Facility (P) Park (RR) Rural Residential (CFN) Neighbourhood Community Facility (PQ) Pit & Quarry (T) Transportation (CG) General Commercial (R1) One -Unit Residential (US) Utility Service (CL) Local Commercial (R2) Two -Unit Residential (FD) Future Development (RU) Rural Hughes Surveys & Consui:21ts Irc. - 395 'hfianchester Arffinue R1 m s €nj Z oN 3 t z CR.2 n Z S Vii# R1 m R. 7 a O Section 39 Conditions The City of Saint John Date. March -09 -16 0 150 m LAI Ik Map 4 - Aerial Photography The City of Saint John Date: March-09-16 Hughes Surveys & Consultants Irc. - 395 Manchester A,%nue o loom ,-It, . ( s. �iugi es Surveys & Consultents Inc. - 395 Manchester AWue The City of Saint John Date: March -09 -16 - I =s > C It I iy l� J- I . GRAPHit SC.,LE dx of ! 4 e 1 : 2000 ;0 -0 io — Sz tc .2 o =dod wc:d d +oen ci1..J . +iw _ao o.2m a+� E —E a io ;e �8 0.000 O+pa� OidB•. O +t ix 4i1p:. q +2:ly —��`y. • GRAPHIC SCALE W 1 : 1000 �R z wx+dme deRnco usixrt trrr a aen 201,. 4 r;- �e"2--f ;� ,o A —A w Hughes SW & C.—Rants Inc i w n - – 4 410KRea- nmau4— .a..ic I SMST IOM", xe za z CROSS SECTIONS 1 JLV w.. pFf HOR2. 5: Im o- f +120 Oi1C_i +200 d+Y,.l O B —B 3e de e V to � +oqo diow o +d® o +SYG w1u Y +2do a +zr d +xan C —C YB N 'Y ! lx � C F000 id, OPM piIFJ ow O +Y00 o +NO 0+2d0 l� J- I . GRAPHit SC.,LE dx of ! 4 e 1 : 2000 ;0 -0 io — Sz tc .2 o =dod wc:d d +oen ci1..J . +iw _ao o.2m a+� E —E a io ;e �8 0.000 O+pa� OidB•. O +t ix 4i1p:. q +2:ly —��`y. • GRAPHIC SCALE W 1 : 1000 �R z wx+dme deRnco usixrt trrr a aen 201,. 4 r;- �e"2--f ;� ,o HUGHES Hughes SW & C.—Rants Inc i GALBRAITH CONSTRUCTION 4 410KRea- nmau4— .a..ic I SMST IOM", xe CROSS SECTIONS i JLV w.. pFf HOR2. 5: Im yy UHx rwlol mou 'Ertx� f. � !•_ 1 � . 4 �/ _ � � �� } � I z. coinola�. o!mm a nle o.. of sMxT i � - _ _ - � __ - I-- _:.! �-`l .r �T ��- „� ��/• � �°"` wow } y IpgI1Ei L'—ps 6 ComtAhnts Inc. GRAPHIC - -LE °'1 A —A j qD —D zP N fo z 16` GALBRATTH CONSTRUCTION Pa0oa S+CW MPF. a +I_� Nltn O+_+] WPl0 iPP• ClECtpm1]b U—t �s lar � OiPW [+t18] p +1;0 Ji1l� GPIP I »HO � +2E0 - 4P ]qpl lqN. H1 B -9 9+0 eY n+PW or]'7 n. ronec eernnus 3P 2; N dl MPPn C +MU p+PpP 0 +120 p+IpP P+PPO [h] +<1 0 +]!fp C —C 6 2B ] ii woon o +wo 1»oeP o +IZO o +1 ;p o+z,.o wzu I +xaP 97 Gf lPFIIC SG1LE qx lolep �_s r 1 : 1000 H— 1 :1a qD —D zP fo GALBRATTH CONSTRUCTION Pa0oa S+CW MPF. a +I_� Nltn O+_+] WPl0 iPP• ClECtpm1]b U—t E —E ]i m ]� MNOIf RA9 E 1P - 4P ]qpl lqN. H1 9+0 eY n+PW or]'7 n. ronec eernnus 97 Gf lPFIIC SG1LE qx lolep �_s r 1 : 1000 H— 1 :1a BY -LAW NUMBER C.P.111- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 111 - ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: The Zoning By -law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 4 hectares, located at 395 Manchester Avenue, also identified as PID Nos. 55190003 and 55196695, from Rural (RU) to Pit and Quarry (PQ) - 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. 2016 and signed by: Mayor /Maire decrete ce qui suit : L'arrete de zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 4 hectares, situee au 395, avenue Manchester, et portant les NID 55190003 et 55196695, de zone rurale (RU) a zone de carrieres et de gravieres (PQ) - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2016, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture .; BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 14.42 in. Sales Rep: Elizabeth Cook PROPOSED ZONING PROJET DE MODIFICATION BY -LAW AMENDMENT DE L'ARR@TE DE ZONAGE RE. 395 MANCHESTER AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John zoning By -law at its regular meeting to be held in the Council Chamber on Monday, April 4, 2016 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 4 hectares, located at 395 ManchesterAvenue, also identified as PID Nos. 55190003 and 55196695, from Rural (RU) to Pit and Quarry (PQ) as illustrated below. REASON FOR CHANGE: To permit the expansion of an existing gravel pit. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, 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. OBJET: 395, AVENUE MANCHESTER Par les pr65entes, un avis public est donna par lequ6 le conseil communal de The City of Saint John indique son intention d'6tudier la modification sulvante a I'Arrete' de zonage de The City of Saint John, Ions de la reunion ordinaire qui se liendra dans Is Salle du conseil le lundi 4 avril 2016 a 18 h 30 : Rezonage dune parcelle de terrain d'une superficie d'environ 4 hectares, situ6e au 395, avenue Manchester, et portant les. NIA 55190043 et 55196695, de zone rurale (RU) a zone de carrieres et de gravieres (PQ), comme le mcntre fa carte ci- dessous. RAISON DE LA MODIFICATION: Permettre 1'expansion d'une carri6re existante. O Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire a I'hotel de VJl a situ6 au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au Written objections to the vendredi, sauf les jours f&i6s. amendment may be sent to Veuillez faire part de vos the undersigned at City Hall. objections au projet de modification par 6crit a If you require French services I'attention du soussign6 a for a Common Council I'hotel de ville. meeting, please contact the office of the Common Clerk. i Si vous avez besoin des services en franyais pour Jonathan Taylor, une reunion de Conseil Common Clerk Communal, veuillez contactor 658 -2862 le bureau du greffier communal. i Jonathan Taylor, Creffier communal 658 -2862 Ad Number: 8156655R Ad ID: 7107345 Ad Legacy: 8156655 Current Date: Mar 01 2016 09:45AM Start Date: 3/10/2016 End Date: 3/10/2016 Color: B/W Client Approval OK ❑ • • Corrections ❑ (aussi disponible en fronfais) Type of Application ❑ Municipal Plan Amendment ❑ Subdivision ❑ Similar/ Compatible Use Zoning By -law Amendment x Variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change / Re- establishment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information Name of Applicant Hughes Surveys & Consultants Inc. on behalf of Galbraith Construction Limited Mailing Address of Applicant (with Postal Code) 575 Crown Street, Saint John, NB E2L 5E9 Home Telephone Number Work Telephone Number 506 - 634 -1717 (Rick Turner) Fax Number 506 - 634-0759 E -mail rt @hughessurveys.com Name of Property Owner (if different from applicant) Galbraith Equipment Co. Ltd. Mailing Address (with Postal Code) Go Hughes Surveys, 575 Crown Street, Saint John, NB E21L 5E9 Property Information Location 55190003 & 55196695 X Civic # Street PID Existing Use of Property Vacant Land Proposed Use of Property Aggregate extraction Existing Plan Designation of Property Proposed Plan Designation of Property Existing Zoning of Property Rural RU Proposed Zoning of Property Pit and Quarry (PQ) Description of Application Describe what you propose to do (attach additional pages if necessary). See Attached NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to submit this application is required. Signature of Applicant Signature of Owner Richard Turner for Hughe urveys a onsultants Inc. David Galbraith for Galbraith Construction Ltd_ & Galbraith Equipment Co. Ltd. ) Date ) l �- i . - — - Date o , �fi 40 for Office Use Only Reviewed by Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ Site Plan ❑ Fee Date ❑ Tentative Subdivision Plan ❑ Building Elevations ❑ Other ❑ Floor Plans ❑ Sign Drawings P.O_ Box 1971 Saint John, NB Canada E2L4L1 www.saintjohn_ca C_P_ 1971 Saint John. N_-B. Canada E2L 4L1 100 Q)_ SAINT JOHN Galbraith Construction Limited operates a multi -use, multi- function aggregate extraction process operation on an affiliated company's property, Galbraith Equipment Co. Ltd., for over 30 years With respect to the existing pit operation, it produces pit run gravel, abrasive sand, marine clay, crusher run gravel and crusher remanufactured materials. Its operations contribute to the economy in a number of ways. Mainly through providing employment and allowing Galbraith Construction Ltd. to be a competitive force in their industry therefore keeping costs competitive for private investment projects and publicly funded projects such as the city's annual capital works. With respect to the requested rezoning, the two parcels are in excess of 150 metres from any residentially zoned property or existing dwellings. Since these properties have separate PID numbers, a zero setback is requested along the boundaries of the adjacent Galbraith Equipment Co. Ltd. properties. With respect to the areas to be rezoned, the following points should be noted. No blasting is to take place on the areas to be rezoned; The access to the areas to be rezoned will be over the existing Galbraith Equipment Co. Ltd. site using the presently existing driveway for access. The areas are outside of the Planned Development Area and are presently zoned Rural. The main intent of including the proposed area into the aggregate operation is to remove a hill that exists between the existing aggregate operation and the fibre optics easement along the south boundary of the properties. Removal of the hill will allow for an orderly development of the property in the future with respect to future installation of streets and services. This will also result in having the ability to drain the complete site toward the northeastern corner of the existing pit property where they maintain a pond as part of their closed loop drainage. This will divert surface water away from a small stream lying south of the subject area therefor the diverted flows will not exasperate flooding that occurs there. Rather it will provide a positive effect. In the longer term the northeastern corner of the property can serve as a stone water attenuation area and a potential sewage pumping station site, if required, to serve the area if developed as a residential or other possible development opportunity. A conceptual layout of a proposed future street pattern for a residential development is included for information purposes. It illustrates a road system that will provide a secondary connection to the Downsview Drive area (Westgate Park) and removal of the knoll will allow for positive drainage to the eastern end of the property to control drainage and direct future sewerage lines to Manchester Avenue. This will provide a long term option for sewerage collection in the long term. 1 P.O. Box 1971 Saint John, NB Canada M 4L1 wwwsaintJohn.ca C.P. 1971 Saint John. N. -B. Canada E2L 4L1 101 (9—)— sA1NT )OHN -ie __ sNM JpxN ANp 41NxI P�'T =_ e ✓ r \+ IV 1 r/ f,:111 _° It ` 1 p11PNN - - t - - --_� - __� -- a ,r 1. I -.._ 11.I IV.�'1 IJIr. 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CONTOURS DERIVED USING CITY OF SAINT .JOHN DTRI 2014. p 6 MFOROISOJSSIONAMW E ;otb'" JLF xc. I Ieehriwn Due B HUGHES SURYE'/ENlS - ENGIHEfla Hughes Surveys & Consultants Inc. (rt®IL w.Epm.,er.vn9 � � .Wrx fY: (5Ya16]1 -IIII ,XB rm' )Bx-u1A Fri X4 JIx' Iewrplua,npvnlll GALBRAITH CONSTRUCTION AREA TO BE REZONED F µgNCNE57ER AVENUE SAINT JOHN, NB CROSS SECTIONS GRAPHIC SCALE (Ix XIpEIRE51 moh nxaW . JLP RTT w KUR2, 1: TOM 1 1000 Y7 -307 x� 1 -7 - ------------ ------------ - �-7 ------ ---- 7 A yyqq I E%BIIK MT II 99 111 U 24- - A—A 8-13 32 28 28 24 2 20 16 1.000 04040 0,080 0+120 0.160 C+200 0+740 0.280 C—C GRAPHIC SCALE (IN MESRES) 1 , 2000 000 0+040 wo 0+290 G.m U- 1:1 r 103 GRAPHIC SCALE ON 1 : 1000 1. PROPERTY LINES TAKEN FROM SERVICE NEW HRUNSWCK. 2. CONTOURS Dmcu USING CITY OF SAINT jumN OTM 2014. JISl5UWf0R0ISCMWNAN016E I i ILI' Na. A,m' I W. By HUGHES M!T. 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'.. 7 / f � f,4 ,` '. f �� _ f M1 f � /f.' �" r - i ? , ', i•`� "! r•— {U' -�. r `7`-,w �.� f f � f' ' . w �J ", - ',f•� a , r .. - , bRNP ;brv, Tower qv- future e land ': P King RM CL Ri R2 RNI RYA R2 RM x2 R A im M RM - _q- R2 R2 CG CY c N RM ir . el R2 CL R2 c P,2 Cis, ti RM RM im R2 RM R.2 CL R2 R fol R 2 P. 2 R2 FO "Ar Zl� 'R L R2 RL,, A� 32 ;"1 91 Queue Id R2 R2 R'% Que R, R2 R2 Aluare 4 -�z RM R2 RM R2 R2 R2 R2 R2 CL 444,�, CFN 4:- R2 RM Its, RL us X2 N co F2 01IR2 _A, 4k Yik- not lkR CT4 2 107 F (M R2 lkR CT4 2 107 F (M • Integrated Development (ID) Zone Based on pro- Iii bmitted W ,: 0 Office Uf;t-:s • Medical, business, radio station S erv�v�- da-sed Uses • child care, pe nal service, come, repaik 0 Retai I us Rest: coffe S generaml retail, 109 10 DRAWING LEGEND X2 Aj A31 A4 A1.1 A�b.1 A-7 A$ A-9 OWING SITE PLAN M O FATE SITE PLLAA?N- OPTION � ONE ROES PLAN -TENA LEVEL TYPO FLOOR PLAN LEVEL TWO BOOR PLAN- TENA GRO FLOOR NBPT ELEVATIONS ELEVATM DOOM WFID(M ✓L PARTIM DETAILS } ■ ■ i t' ■ L H�i� rr 10 DRAWING LEGEND X2 Aj A31 A4 A1.1 A�b.1 A-7 A$ A-9 OWING SITE PLAN M O FATE SITE PLLAA?N- OPTION � ONE ROES PLAN -TENA LEVEL TYPO FLOOR PLAN LEVEL TWO BOOR PLAN- TENA GRO FLOOR NBPT ELEVATIONS ELEVATM DOOM WFID(M ✓L PARTIM DETAILS * � �" wry- fie" • ;� - ,'yt. '' :" ' •� "•• �+ ;� - - °� �"�' � ' N7 eel _ � ' - •.., = . . _ y , I! f 'P" ell _ f - r ,`. ,► • "_ 'F r: ** .p PA. Photo 1: Front Entrance �i MM Photo 3: Rear of Building 112 L� Photo 2: Front Parking Area Proposed Conditions: • Limit uses to submitted proposal • Na kennels permitted • Site to be developed in accordance with site plan • Subsequent site work to be in accordance with General Commercial (CG) zone PAC Approved Variances to: Side and rear landscaping to nil; and, • Front property lines ranging between nil and two metres. �w 1� - �qq ��- ` �� 6 1 � �-- - - �1- - � - �40 �--- � �' 4 q W F - �! �M"-IdFj' Community Planning &Development Growth &Community Development Services March 16, 2016 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning 172 City Line The City of Saint john On February 22, 2016 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 15, 2016 meeting. Andreas Holmes, the applicant, appeared before the Committee and spoke in favour of the staff report. The Committee asked the applicant if he had generated much interest from local businesses to locate in the proposed commercial hub. Mr. Holmes stated that he had been in touch with approximately five businesses that have expressed interest, but was intending on promoting the space more after the rezoning process — if the rezoning is favourably considered. The Committee asked Mr. Holmes if the microbrewery mentioned in his application was intended to be a bar with outdoor seating. Mr. Holmes explained that he had been in touch with a gentleman who was considering establishing a small microbrewery in the City, and that the outdoor seating is an existing space on the property that could be used to complement any retail use located in the building. The Committee commented that the establishment of a bar would require an amendment to the existing conditions, which would require the applicant to go through a Section 39 amendment process. Mr. Holmes stated that he was aware of the process, and was in favour with the proposed conditions. Mary McCollis, the Chair of the St. Patrick's School Committee, appeared before the Committee and spoke in favour of the proposed rezoning. Ms. McCollis stated that she was accompanied by two other members of the Committee, and that they were in support of the proposed reuse of the building. Page °I of 2 118 Andreas Holmes 172 City Line March 16, 2016 One letter was received expressing concern with the proposed rezoning. No other persons appeared before the committee. After considering the presentations, the letter received and the attached report, the Committee recommended that Council approve staff recommendation. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 6200 square metres, located at 172 City Line, also identified as PID Nos. 00365247, 00364877, 55087175 and 55087183, from Neighbourhood Community Facility (CFN) to Integrated Development (ID). 2. That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development and use of the parcel of land having an area of approximately 6200 square metres, located at 172 City Line, also identified as PID Nos. 00365247, 00364877, 55087175 and 55087183, for a mixed -use development shall be subject to the following terms and conditions: a. The development shall be limited to the applicant's specific proposal involving a combination of those uses set out in the submitted "172 City Line, Saint John, New Brunswick, Development Application for Change of Use and Letter of Intent ", with the exception of a kennel; b. The subject site shall be developed and maintained in general accordance with the site plan and building elevation plans attached to the February 11, 2016 application for rezoning of the property to the Integrated Development (ID) zone; c. Notwithstanding condition (b), subsequent modifications to the site development shall be permitted subject to the standards applicable in the General Commercial (CG) zone, unless varied where deemed appropriate in accordance with s. 35(1) of the Community Planning Act; and d. That upon the rezoning of the property, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 119 �"`�'°� W The City of Saint John Date: March 11, 2016 To: Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting of Tuesday, March 15, 2016 SUBJECT Applicant: Owner: Location: PID: Plan Designation: Existing Zoning: Proposed Zoning: Application Type: Jurisdiction: Andreas Holmes Roman Catholic Bishop of Saint John 172 City Line 00365247, 00364877, 55087175, 55087191 and 55087183 Stable Residential Neighbourhood Community Facility (CFN) Integrated Development (ID) Rezoning 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 recommendation will be considered by Common Council at a public hearing on Monday, April 4, 2016. 120 Page I of 8 Andreas Holmes 172 City Line March 11, 2016 SUMMARY Andreas Holmes, the applicant, has submitted a proposal to rezone the property at 172 City Line from Neighbourhood Community Facility (CFN) to Integrated Development (ID). Mr. Holmes is seeking to establish a "commercial hub" that includes a cluster of small, predominantly service -based land uses in the former St. Patrick's School. The reuse of the existing building would involve up to approximately 34 tenants, all contained within the existing footprint of the building. The submitted site plan illustrates a large parking area to accommodate the proposed businesses, as well as enhanced landscaping around the perimeter of the site and a landscaped seating area abutting Lancaster Street. The proposed reuse of a property located in the Stable Residential land use designation of the Municipal Plan can be supported if the proposed development makes a positive contribution to the surrounding community, and helps preserve its existing character. The current proposal is supported by staff as it effectively repurposes an historical structure that has been a central feature in the surrounding community for almost 100 years, and the proposed uses are of scale that is compatible with, and supportive of the adjacent residential community. Staff, however, do not recommend that a "kennel" for the overnight keeping of animals be among the permitted uses identified for the proposed development. The keeping of several dogs on an overnight basis could generate significant noise, which may conflict with the adjacent residents. RECOMMENDATION That Common Council rezone a parcel of land having an area of approximately 6200 square metres, located at 172 City Line, also identified as PID Nos. 00365247, 00364877, 55087175 and 55087183, from Neighbourhood Community Facility (CFN) to Integrated Development (ID). 2. That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development and use of the parcel of land having an area of approximately 6200 square metres, located at 172 City Line, also identified as PID Nos. 00365247, 00364877, 55087175 and 55087183, for a mixed -use development shall be subject to the following terms and conditions: a) The development shall be limited to the applicant's specific proposal involving a combination of those uses set out in the submitted "172 City Line, Saint John, New Brunswick, Development Application for Change of Use and Letter of Intent ", with the exception of a kennel; Page 2 of 8 121 Andreas Holmes 172 City Line March 11, 2016 b) The subject site shall be developed and maintained in general accordance with the site plan and building elevation plans attached to the February 11, 2016 application for rezoning of the property to the Integrated Development (ID) zone; c) Notwithstanding condition (b), subsequent modifications to the site development shall be permitted subject to the standards applicable in the General Commercial (CG) zone, unless varied where deemed appropriate in accordance with s. 35(1) of the Community Planning Act; and d) That upon the rezoning of the property, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. DECISION HISTORY Our files indicate that there have been no previous decisions related to this property. ANALYSIS Proposal Andreas Holmes, the applicant, is seeking to rezone the subject property from Neighbourhood Community Facility (CFN) to Integrated Development (ID). The applicant is proposing to repurpose the existing building to incorporate a "commercial hub" involving upward of approximately 34 tenants. The range of businesses potentially located in the building would include office uses (i.e. medical offices, business offices, radio station), service uses (i.e. child care, personal services, computer repair), and retail uses (i.e. restaurants, general retail businesses, coffee shops), as well as small manufacturing businesses, such as micro - brewing. (See Appendix 1 for the complete list.) The City's Zoning By -law does not have an appropriate zone that captures the wide range of potential uses proposed for the site. As such, the applicant is seeking to rezone the property to the Integrated Development (ID) zone, which is a zoning category designed to accommodate a proposed development that consists of a combination of uses that are effectively outside the scope of all other zoning categories. If approved, the development is carried out in accordance with a specific proposal adopted by Council pursuant to Section 39 of the Community Planning Act. As illustrated on the attached site plan, the applicant is proposing to develop a parking area containing 74 spaces, and a loading area located in the south -west side of the building. The site plan includes landscaping treatment abutting St. John Street, as well as a green space in the north - eastern area of the property, which also includes an outdoor patio and sitting area. The main entrance to the building would continue to be located at the City Line entrance. Page 3 of 8 122 Andreas Holmes 172 City Line March 11, 2016 Site and Neighbourhood The subject site is located in the City's Lower West Side neighbourhood between City Line and Lancaster Street. This area of the City includes a wide range of residential zones that reflect the variety of densities found throughout the Lower West Side. The area also includes several churches, a group home and a hospice care facility, which are all located in the Neighbourhood Community Facility (CFN) zone. The subject site is adjacent to Queen's Square West, and is located on the access road to the Fundy Rose ferry terminal. The site, including the existing approximate 2000 square metre building, was the previous St. Patrick's School, which was constructed in 1926 and closed in 2014. The school has been vacant since. The subject site includes five contiguous lots with a total area of approximately 6200 square metres, which includes the outdoor areas previously used for parking and a small children's playground. The applicant is proposing to establish a parking area in the south - eastern portion of the site, which includes a small parking area abutting Lancaster Street, as well as approximately eight spaces abutting the building along City Line (see attached site plan). That applicant is proposing to include a row of landscaping, including a mixture of small trees and shrubs, abutting the City Line and St. John Street frontages to soften the visual impact of a large parking area. Municipal Plan and Rezoning The subject site is located in the Stable Residential land use designation on Schedule B of the City's Municipal Plan. The intention of this land use designation is to recognise the predominant residential character of these neighbourhoods, while permitting the natural evolution over time. The land use mix found within neighbourhoods located in the Stable Residential areas includes commercial and institutional uses as they are key components in cultivating 'complete communities' that are more compact and sustainable. The Plan states that any "new and redeveloped land uses (in the Stable Residential designation) are to reinforce the predominant community character and make a positive contribution to the neighbourhood ". in this case, Mr. Holmes is proposing to repurpose an abandoned school that has been a central feature of the surrounding neighbourhood for almost 100 years. The proposal to establish a wide range of predominantly small - scale, service -based commercial uses would make a positive contribution to the neighbourhood as there are currently limited opportunities for residents to walk to commercial destinations in the area. As a means of ensuring the proposed reuse of the property is compatible with the surrounding neighbourhood in the Stable Residential area, the Policy LU -88 of the Plan offers the following guidelines to be considered through the rezoning process: a. The proposed land use is desirable and contributes positively to the neighbourhood; b. The proposal is compatible with surrounding land uses; Page 4of8 123 Andreas Holmes 172 City Line March 11. 2016 c. The development is in a location where all necessary water and wastewater services, parks and recreation services, schools, public transit and other community facilities and protective services can readily and adequately be provided; d. Site design features that address such matters as safe access, buffering and landscaping, site grading and stormwater management are incorporated; e. A high quality exterior building design is provided that is consistent with the Urban Design Principles in the Municipal Plan; and f. The proposal is on a property identified as a Corridor on the City Structure map (Schedule A) or does not detract from the City's intention to direct the majority of new residential development to the Primary Centres, Local Centres, and Intensification Areas." As stated above, the nature of the proposed land use is to repurpose an existing prominent structure to incorporate commercial uses that will generally serve the local community. The site is in a central location to the neighbourhood, and is located on the main access road to the Fundy Rose ferry, which suggests that repurposing the existing historic structure for small -scale commercial uses is an appropriate reuse of the property. The submitted site plan illustrates enhanced landscaping treatment to the perimeter of the parking area, as well as a landscaped outdoor sitting area, which would make a positive aesthetic contribution to the property and soften the visual impact of the hard surfaced areas. The applicant has included a "doggie daycare" with optional overnight boarding for the animals among the list of proposed uses. The Zoning By -law considers a commercial use involving the keeping of animals overnight a "kennel ", which is only permitted in the Corridor Commercial (CC), Light Industrial (IL) and Medium Industrial (IM) zones. The By -law does not permit kennelling in any zones that are typically located in a residential setting. The potential noise generated from a commercial dog kennel could be disruptive to the surrounding community, and is therefore not recommended by staff. The Integrated Development (ID) zone is unique in the Zoning By -law as it is the only zone that does not have zoning standards regulating the required site features of a proposed development. Approval for the establishment of an Integrated Development (ID) zone is tied to a specific proposal at the time of the rezoning. As such, there are no variances required from the standards of the Zoning By -law. In addition, proposed condition 2(c) will allow flexibility for future minor adjustments to the development layout without requiring the applicant to undergo a formal Section 39 amendment application process. Any alterations will be held to the standards of the existing General Commercial (CG) zone. Conclusion The applicant is seeking approval to rezone the subject site from Neighbourhood Community Facility (CFN) to Integrated Development (ID) in support of a business proposal to establish a Page 5 of 8 124 Andreas Holmes 172 City Line March 11, 2016 cluster of commercial uses in the former St. Patrick's School located on the City's Lower West Side. The proposal includes a large parking and landscaping enhancements throughout the site. The proposed reuse of the building is supported by the policies of the Municipal Plan that are structure to ensure that any new development or reuse of an existing building in the Stable Residential designation is compatible with the surrounding neighbourhood. The uses identified by the applicant are consistent with the guidelines of the Plan, and can therefore be supported by staff. However, staff recommend that a "kennel" for the overnight keeping of animals not be included among the approved uses on the subject site. The noise impact of a kennel could be disruptive in the context of a residential neighbourhood. ALTERNATIVES AND OTHER CONSIDERATIONS That Common Council include a "kennel" among the permitted uses on the subject site, subject to the following condition: • That the number of dogs permitted to stay overnight onsite be limited to a maximum of six. ENGAGEMENT Proponent The proponent has indicated that he has spoken with several community members over the past few months. Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on March 2, 2016. The public hearing for the rezoning was advertised in the Telegraph - Journal on March 2, 2016. SIGNATURES AND CONTACT Prepared by: Approved by: Jody Kliffer, MCIP, RPP Mark Reade, P.Eng., MCIP, RPP, P.Eng., Planner MCIP, RPP Senior Planner Page 6 of 8 125 Andreas Holmes 172 City Line March 11, 2016 Contact: Jody Kliffer Phone: 506.632.6846 E -mail: jody.kliffer @saintjohn.ca Project: 16 -28 126 Page 7 of 8 Andreas Holmes 172 City Line March 11, 2016 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2: Floor Plan Submission 3: Rendering Submission 4: Ground Sign Plan Appendix 1: Letter of Intent 127 Page 8 of 8 4b 4W 41k- 44 44� '7 AW °moo -'�► L _ .� , f ~`r t ! �# ¢ "l+ Sid lq 41V # 9iS,i ► 4p 4t 4Q# 414 V AI& *► , : . ch' , �` 40 . AL ` 40 p �r A lot XN ''y ' AIL Martell* CA, 4A 1 Tower mad - �I Location a Ch The City of Saint Jahn A Date: March -01 -16 Andreas Holmes - 172 City Ling 128 � 1 ti �a r King � Square . Q ti •. 2g ��: - +�U -• �,� L Off' J O +,a , lee,fu►.� T� � r c °4 S4.4-r, t. O�A O _'� chAMp4 AI f . v , CO rV S, 9y 0. Queen °�IR7, Sfa�1e Square i c. e3ral • wesidei tia' , O ,�; J y, QQ v city m IF S�P L9,yC Carleton ��oRsr :. Martello Tower HqA Qx: ��ey � p� wHipA� f T- `, , • S' lop FS7 yQ T SUMMER ST \N. �` l�gCp e I — F�` x� Heavy Future Land Use The City of Saint John Date: March -01 -16 _ r Andress HoirTMies - 172 City Line 129 0 150m R2 11M f42 RM RM RM tr �Q R`,s Q �� Rian #r Ra c -�► �0 0 �Al R2 R CG 03, co s � k C F N R M 00 CL, s� A2 A ca tr llis9 1tlYC Rlli} �� R2 0� Rt DJ .2 RIM �� o� s' O� E?�s RMA ANC R2 RIA RIM, C H T Z� 2 x.I S q�p�AINs� R.2 RL RL 2 A g , p2 aauan `' AC = fir? �9! ohs R? �. R2 Square 2 4/ RM P �� 0P R1 RM Qom. ''L `M R2 R2 R2 Ali CIL �4+ I AIIIII _ o ci)}- ► R� � R2 JQ`� R2 7L FZ2. RM RL DIGBY FERNY p4.. ' v P, US 7�# R., R2 `�cP l IoM CG _A, : nu. , qsq� R2 !22 0 _.A Carleton )RL C�,, 2 QO. rc2, Otv R2 m maneli , t 00 R2 fit . Ca 9 Cy�`SS e Sr q,wHlpp� Y RL ST 1L2 GFP+I �2 m C 0112 (CFN) Neighbourhood Community Facility (132) Two -Unit Residential (US) Utility Service (CG) General Commercial (RH) High -Rise Residential (CL) Local Commercial (RL) Low -Rise Residential (P) Park (RM) Mid -Rise Residential (R1) One -Unit Residential (T) Transportation * Section 39 Conditions Map 3 - r u i n The City of Saint John°► *' Date: March -01 -16 Andreas Hoimes -172 City Line 130 0 5om %_ k WI k .)- rj .Y t r c' o 9 4 .,rl 12 yt w .,+" 15�a 1 �- Y ° SIR" RIF 'Slit" -I.. !(AN mr Ilk -. ufl- F7 A, 4 ° A '+ Mat) ' Aerial � . I P r h Andreas Holmes - 172 City Line 131 #, .y. t ^F � 2, �.. _ The City of Saint John Date: March -01 -16 = 0 50m� d Photo 1: Front FnWance Photo 3: Rear of Building Site Ph 0-tography Andreas Holmes - 172 City Line Photo 2: Front Parking Area Photo 4: Rear Parking Area 132 The City of Saint John Date: March -01 -18 PRODMSU BY AN IUROOEBK EOIIOATKIKAL PRODUCT DRAWING LEGEND !61 MnNGBREPIAN Al2 PROPOSBO SITE PIAx OPNONA A&.1 PROPOSED SIZE PIAW OPTIONS A8 LEVELONERDORPLAN A.3.1 LEVELONE FLOOR PLAN -TEKWM AAA�..1 LIMGµpTNp 6LRLppPp�pRWRppMTENPNTS Ad.l GRGUNOLE�VELFLOORPLLAA.TEKANrB A8 ELW,7X N8 A•T ELEVATIMS A P'RTMONS U3'JflO 133 IOU, NinoS NORTH LEGEND A6. rvv. —M f' y'A (x•i �e�9cnv. a:�¢nre SAINT PATRICKS SCHOOL PROPOSED SITE PLAN OPTION B �0 2 PROWCEO"AN A=MK®CCAMONAL PR LLT 134 B AN 0 NORA, 0 5 10 15 25 135 4? winos NORTH SAINT PATRICKS SCHOOL FLOOR PLAN LEVEL 2 TENANTS .1 136 137 0 F e K x C } B 138 : :�� 0 5 �1D�15 25 New NORTH SAINT PATRICKS SCHOOL GROUND LEVEL FLOOR PLAN TENANTS 0 0 IbMitiiO VrAw'4M6lMM® Av6 INtltr t 139 0 5 10 15 25 u1'5 N ©Rm SAINT PATRICKS SCHOOL GROUND FLOOR PLAN A5 m pw UP sy W. 4VTU=� 6tmr4m pAwatt 143 'aINT PkTNJCr5 CENTRE !,c-)r. 1,7-7.4)rrvN75; OMM: -9=7 pirog IV Akk NO,'Th SAINTPA7RICKS SCHOOL 72 CIT. LINE &NNTJ(" N. SIGN DETAILS A9 Appendix 1: Letter of Intent 172 Cily Line Saint John New Brunswick Development Application for Change of Use & Letter of Intent This letter is to accompany the Development application for change of use for 172 City Line, commonly referred to as St Patrick's School, Lower Westside, Saint John New Brunswick. As part of this application we are also applying for Variances on setbacks and green spaces. St Patrick's School is proposed to be the oldest school building in the Saint John area, with a stamped date of 1924 on its sandstone front facade over the main entry doors. Its current use was as a school for that entire time until 2014 when it closed its doors due to purported lack of students. In 2015 the Roman Catholic Church, whom owns the building, put the building up for sale. The building is not under any registered heritage list nor has it any real significant value in its architecture, however this building has some character and we propose to maintain as much original character as possible. The building sits on top of a hill overlooking the city and water way. The entire rear area on all three levels including the ground level is facing Saint John city center and has magnificent views over the docks, entire city skyline and of course that great harbor. It is this magnificent view that this property lends itself to be a great place for multiple restaurants and eateries and any business person that wishes to have a beautiful view from their offices all year around, adding to that access to parking directly on site that is without charge for their employees and customers. The buildings current zone use is outdated and no longer in any way required by the new owners or the local area. After identifying that areas needs and wants by way of area research, direct marketing and talking with the locals in the area, we are applying to change the use of the building into a commercial hub which is more appropriate for the area and will provide more needed services and jobs for the area as a whole. The intent is to bring a local commercial hub in the area that will service the needs of the area but also bring jobs to lower west side area, by turning an abandoned empty building into a business and commercial center that will service the Saint John community. Building Details Of Space The building comprises of brick/block and sandstone facade. Internal space is equal to approx 25,500 sqft of rent -able area in multiple tenancy configurations. If the building was let as a whole building to one tenant approx 10,000 sqft extra in commons area space would be provided making the size approx 35,500 sqft. Use of Space Work To Building: The building has classroom size rooms and smaller rooms that are very suitable as offices and in some cases it is better laid out than some newer office buildings. These can be subdivided into smaller tenancies if required, but at this stage we plan on keeping them as is. Ground Floor Space: We expect to rent this as retail with idea of restaurants /corner store or possible medical use. Gym Area: We would be looking to keep this as is and any modifications, if any, would depend on tenant requirements. I am looking to expose that area to businesses that might ft it hard elsewhere to gain the height and the size they need for their particular businesses for instance: gym, micro distillery, micro brewery with large copper vats. With the limited exposure to the market there has already been positive responses from potential tenants. 144 Suitability as Commercial The building is suitable to use as commercial, the previous use of the building was for a school. As a school it was used by approx up to 1200 children in it's prime days, the building has been built and designed to limit the impact this number of children had on the neighborhood. Noise mitigation — the building is built will interior and exterior walls that are from 2 to 6 levels of brick thick, this stops noise from traveling from the inside of the building into the neighborhood. This level of noise mitigation increases the potential number of business types the building can be used by without any interference to the direct neighbors. The building with its classroom layout is ideal for office and business use and the external area is suitable for retail with the emphases on exposing the natural views from the site to all that come. Proposed Retail and Mixed Tenancies We will be creating a diverse but complementary mix of tenancies that include retail and services and we already have some interest from local businesses, These include: 1. A micro brewery with a retail section for direct sales to the public and would like outdoor seating. 2. Destination restaurant with extensive indoor and outdoor area seating overlooking the entire city and Fundy Bay. 3. Light industrial and commercial 1 office spaces on the 2nd the 3`d stories facing both towards the city and streets. 4. Ground floor retail facing the streets of City Line and St James street. 5. Non permanent tenancies that the site can accommodate eg: permanent indoor and weather permitting outdoor markets featuring local farmers, local budding business people and local artisans showing and selling theirwares along with locals whom wish to sell their personal items. This can be all year round event. 6. Local Technology and Start up -Ideas Incubator with a reach into the communities business entrepreneurs to be located on the Yd story. Proposed Businesses Potential business types and examples of these are as follows: Office Uses Service Uses: Retail Medical: Dentist, Orthodontist, Multi Use: Child care, video editing and Destination restaurants, convenience Podiatrist, Pediatrics, Physiotherapy video creation, music( sound studio, store, Sushi bar. and Family Practice Doctors. Radio massage therapist, day spa, cooking station, Business offices, classes, culinary, martial arts gym, Direct Food Makers: distil fitness studio, computer repairs, iMicro-distillery, micro- brewery, micro -ice -cream maker, e -cr a accountants, editorials services, specialty Chocolatiers, cupcake, electronic repairs, event planning, creperie, Australian pie shop, furniture repair and re- upholstery, Portuguese chicken rotisserie, wine florist, liquor store, glazier, window maker, cheese maker, micro coffee repair, cabinets maker, bank, jewelry roasters light manufacturing eg diamond setter. Education, register offices for Nursery & florist shop, mushroom companies, business offices, tech cultivator, weekend markets offices, insurance offices. Vet clinics, dog training, dog minding and day care, pet shop, aquaculture, 145 We see the building having different zones that will contain a different tenant mix. Each zone is different from the other zones and is more suitable to different business types. Zone 1. Zone 2. Zone 3. upstairs offices -office related, tech or Downstairs space that fronts ground The current gym area: Retail or business offices, caterers offices, real level with views and street level for easy production eg micro brewery, micro estate offices etc direct access. Eg corner store, cupcake distillery, coffee roasters, gym, marital shop, pie shop, pizza shop, restaurants arts studio, innovative sport ideas etc Ground level with direct access for medical practices. Parking Existing parking is currently along City Line between the roadside and the building and around the St John Street side and a raised area next to Lancaster st.. The proposal uses this existing parking area and adds to this by removing the playground inside the same area and turning that playground into further more usable parking spaces and the proposed project will be adding to the parking available along the back area by the existing green space by adding parallel parking for 6 spaces. Saint Patrick's will provide 70 staff and patron car park spaces which I believe is only just enough to sustain the number of businesses on site. Site Variances and Green Space The site is approx 1.5 acres in total space including building, parking and green space, we propose to keep the existing green space located in the back of the property and along the building on city line street. We will be adding limited green space along the boundary of the main car park area on the city line side. Green Setback Space Variance The building has been working as a school which had parking along St John and City Line street. We propose to keep this and add in more green space to help with the appeal of the project. Variance 1. 2.43m to 4.35 setback green space from left boundary when on City Line st area 153.345m2 of green space Variance 2. and 3. Large green space area fronting Lancaster st with green space has required setbacks, area is 752.74 m2 of green space that we will add landscaping to and an area for 2 park style benches ans seating. Variance 4. Setback and green space from Lancaster st for existing raised parking area is 1.187m — this raised parking area cannot be seen from the street below and plant screening here is of little to no value. Also parking area is existing. Variance 5. Front side of existing raised parking area has set back ranging from 1.814m to 1.974m Variance 6. Setback on right side of front car park is 1.173m to 1.469m — existing setback for right side of front parking area Variance 7. Set back on frontage of St John St is 2.774m with 1.469m depth of green space, area of green space along St John St is 66.43m2 Variance 8. 3m setback with 3m of green space. Variance 9. Along city line existing car parking area along building —existing setback is 0.132m —existing green space is currently located along the building that is 2.56m deep — green space area is 66.09.m2 of green space to the left of building entrance and 15.61 m2 green space to the right of the front entrance. Variance 10. Existing building setback is 1.774m 146 Time Frame We are requesting 2 years to complete exterior site works. I am asking for this as it is not possible to accomplish much in winter. Work will be started immediately for green space, parking and signage along St John St and City line street. Market Research We have conducted limited market research in the area surrounding Saint Patrick's School. The current residents of that lower west side that have been contacted about the project have all been in favor of the proposal and some even stating that they welcomed local employment opportunities and they would look for jobs from the new occupants of the building. Everyone said that they would see themselves using the facilities and were in favor of the entire project and we're excited about getting facilities in their local area that they can use. The non resident locals that have been spoken to have advised that they believed that lower west side is an area they will not go to in the future or have not gone to recently. The reasons they gave were the following: a) they have no reason to go to that area for anything as there are no services or restaurants there. b) the area has currently got a bad reputation of being a rougher neighborhood in Saint John The non residents also mentioned that they believed the development would benefit Saint John and the west side of Saint John in particular. We also spoke to a number of business owners around Saint John and they said they were in favor of the location and building and they said that with adequate parking they would consider that location for their business at Saint Patrick's Center. Benefits for Saint John The Saint John community is growing slowly and the demographics are changing with an influx of younger people coming into Saint John and people having children, at the same time older people are dying, this is resulting in a large body of younger people that now need employment and services. The Saint John economy is growing. More Jobs for Saint John The Conversion of Saint Patrick's school into a new commercial hub will create plenty of jobs for Saint John, these include Short Term, Medium Term and Permanent job opportunities. Short Term Medium Term Permanent Construction jobs creation is expected The Project is anticipated to produce up We expect Saint Patrick's Centre to to be around 16. to 4 full time permanent jobs to manage create approx 120 new jobs in the lower the ongoing project including West Saint John area. construction, maintenance, tenant management and facility management. More Services for Lower West Saint John Presently on the lower west side there are limited businesses and none that are located in the immediate area of Saint Patrick's. There is a Tim Horton's coffee shop, computer hardware repair shop and one smaller convenience store located in the very bottom end of lower west Saint John. Not withstanding Tim Horton's, none of the other stores provide similar services to what is proposed at Saint Patrick's and no businesses in that area provides similar amenities that are provided by Saint Patrick's to its patrons. 147 The benefits to the local residents include a higher standard of lifestyle choices and less travel expenses to achieve such lifestyle choice. The building is currently not being used and is a blemish on their local neighborhood. Having this building being used again and being revitalized is going to help the community and its residents. We believe that this project will bring up the reputation of local area, bring more jobs locally, provide higher quality living with access to more restaurants and shops, provide less travel times to get to these places, providing places for local entrepreneurs to set up businesses and with this, it all helps build a better local community. The consensus of the locals that were used in the market research did however identify a lack of good quality restaurants and services with easy parking, good views and location that they can take their children too without being in the city or big box store places. Hours of Operation The center is expected to be open 7 days a week. 7AM to 11 PM each day. The hours of operation are dependent on the tenants requirements for instance the convenience store may be open from 7am and close early evening, and the restaurants are expected to be open from 11 am till 10pm on weekdays and 11 pm on the weekends. Tenant Numbers The anticipated number of tenancies in the building is around 34 tenancies. This will vary depending on the types of businesses applying to become tenants and their space requirements. The aim is to create a tenant mix that does not create a strain on the parking provided. Number of Jobs Due to the nature of the mixed use the expected number of jobs at Saint Patrick's is between 85 - 180. These numbers will be spread over the day time employees and the evening employees with more employees expected to service the restaurants at nighttime than during the day. Site Accessibility The property is surrounded by residential properties and vacant green blocks. There are two parks in the near by area. There is very limited car parking in the surrounding area which is restricted to small areas of on street parking only. There is a bus stop directly on the side of the St John street which will allow customers of the tenancies and possible employees to get direct access to the property. There is limited parking in the area and it is necessary for the property to maximize the available parking to make sure that the tenants are not hampered in any manner. There will be an entrance to the available parking provided on City Line st. Arterial Roads and Accessibility St John street is a major arterial road in the lower west area. Saint Patrick's is easily accessible from the highway in a few minutes of easy driving. The area has direct access to the bridge that connects the lower west to major highways and thoroughfares in the area making the site easily accessible from most parts of Saint John. Saint Patrick's is also closely located to Fundy Heights and Duck Cove. Lancaster Ave provides easy access from the rest of west Saint John. UM Foot Traffic The property is on the corner of St John street and City Line. It is centrally located in the lower west side, it is evident by the research, this central location makes the property accessible to a reasonable number of people as foot traffic but this is not enough to sustain local businesses by itself and as such adequate parking needs to be provided on the site so people can arrive via car. People Involved done Mr Andreas Holmes is a successful businessman with over 20+ years of experience in the building industry. Mr Holmes has directed many projects over time frame for clients and for himself, including single and multi- family home renovations, supervising the construction of one of Australians wealthiest families 20M dollar+ estate new build on the waterfront in Brisbane with a 10 car underground basement and garage, to a 152 waterfront unit complex with retail component on the ground levels, owning and completing multiple land subdivisions in his earlier years in the building industry. Mr Holmes has worked in multiple countries around the world preserving old buildings that most would considering knocking down and after he has completed those properties some become the most sort after properties in the area. A testimonial to his style and determination to perfection his last sold project had multiple offers in the first 24hours on market and sold over asking price in a market where properties were sitting commonly for over 45 days. Mr Holmes has been featured in recent times in the CBC news for his development and foresight in the Saint John local real estate market. Mr Holmes follows a business principal where his endeavors are focused on having the right people around him who can supply a specialized knowledge whenever needed and that extends to his wife as well. Mrs Holmes has a history in Retail Leasing in Australia and represented clients such as Hard Rock Cafe International, Oakley and some of Australia's wealthiest families with their Shopping center leasing and sales. Mrs Holmes has also been mentioned in numerous media publications such as the prestigious Financial Times and was frequently featured in Gold Coast Business magazine and is credited for creating Australia's national Builder Brokering industry. Mrs Holmes was offered a position on the board of the Queensland Heritage Council before they left to become Canadian residents and will be helping with the project. What Approval Means Granting approval for the rezoning and variances will help the community and will provide large numbers of jobs and new services to the area. It will also help preserve and bring new life to an architecturally interesting and attractive building. 149 Mari time Phone: (506) 635 -8837 March 81h 2016 Re: Rezoning St. Patrick's School Opportunity Centre 1216 Sand Cove Road. Saint John, NB E2M - 5V8 Fax: (506) 635 -5943 Dear Mayor and Members of Council MAR 10 2018 I have recently spoken with some of you pertaining to the propose rezoning of the former St. Patrick's school. I would like to thank you all for your time in reading this letter. As I know you are busy - I will be direct on a few issues of concerns I would like to bring to your attention. I would like to start by saying I appreciate the job you do and I hope you will sincerely take into consideration what I am presenting to you today. Please see all attachments. For those of you in which whom I have not spoken with, my name is Gina Hooley, I am a proud born and raised "Saint Johner" and currently work full time at the Maritime Opportunity Centre located on Sand Cove Road in West Saint John. I would never want to deter investors from Saint John, as Mr. Mel Norton has said "If we don't sell Saint John, who will ?" I strongly believe that people should invest in Saint John but I feel they should invest in areas of need such as affordable housing. For example — The former Saint Vincent's School or the housing project on Leinster Street. I would like to request that you do not approve the proposal to re -zone, because: 1) Saint John is a beautiful place. That needs two things: Affordable housing and quality (safe) Housing. 2) Saint John does not need any additional commercial space. During this past December of 2015, Turner Drake & Partners LTD conducted an independent study on Vacancy Rates in the Saint John Area Saint John currently has 528,071 Sq FT vacant And with the recent approval of the Irving H Q consisting of 13 levels, this vacancy rate is going to continue to grow. I strongly believe if you re zone this area you will be putting an ever -so deeper burden on the commercial industry that all ready struggles in the current economy. 150 3) To protect the lifelong residents and neighborhoods from high traffic and commercial transport trucks. This area is currently not zoned for truck travel (except local delivery). Changing this area to be zoned Commercial would allow traffic to increase and the safety of the neighboring children to decrease. Our Business is important to us and Saint John. We currently house 30 small businesses, some in which would not exist without us. (Letters of recommendation available upon request) Thank you for your time, Sincerely, Gina Hooley Maritime Opportunity Centrer Fun Facts Regarding The Maritime Opportunity Centre Formerly Known as the Dr. Roberts Hospital -Est. In 1986 -Locally owned and operated Offers discounts to new business (Assisted in establishing 3 new businesses with ESJ in 2015) -Works with small and struggling business owners "Providing the space you need, Q A PRICE YOU CAN AFFORD!" Guaranteed! "Opportunity is Knocking" Come Celebrate our 30thBirthday, Sun May 15th 12 -4pm. & Support Your Local Chapter of MADD- 151 BY -LAW NUMBER C.P.111- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 111 - ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: The Zoning By -law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 6200 square metres, located at 172 City Line, also identified as PID Nos. 00365247, 00364877, 55087175, 55087191 and 55087183, from Neighbourhood Community Facility (CFN) to Integrated Development (ID) - 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. 2016 and signed by: Mayor /Maire d6cr&6 ce qui suit : L'arr&6 de zonage de The City of Saint John, d6cr&6 le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 6 200 metres carr6s, situ6e au 172, ligne City, et portant les NID 00365247, 00364877, 55087175, 55087191 and 55087183, de zone d'installations communautaires de quartier (CFN) a zone d'am6nagement int6gr6 (ID) - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2016, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 152 BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 10.25 in. Sales Rep: Elizabeth Cook PROPOSED ZONING BY -LAW AMENDMENT RE: 172 CITY LINE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, April 4, 2016 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 6200 square metres, located at 172 City Line, also identified as PID Nos. 00365247, 00364877, 55087175, 55087191 and 55087183, from Neighbourhood Community Facility (CFN) to Integrated Development (ID). REASON FOR CHANCE: To permit the conversion of the former St. Patrick's School to a mixed use development consisting of commercial and limited light industrial uses. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, 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. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE DE ZONAGE OBJET: 172, LIGNE CITY Ad Number: 8171243R Ad ID: 7109940 Ad Legacy: 8174243 Current Date: Mar 02 2016 01:14PM Start Date: 3/10/2016 End Date: 3/10/2016 Color: B/W Client Approval OK ❑ Corrections ❑ Par les pr6sentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'etudier la modification suivante A I'Arrgte de zonage de The City of Saint John, fors de la reunion ordinaire qui se tiendra dans la Salle du conseil le lundi 4 avril 2016 18h30: Rezonage d'une parcelle de terrain d'une superfide d'environ 6 200 metres carr6s, situ6e au 172, Iigne City, et portant les NID 00365247, 00364877, 55087175, 55087191 et 55087183, de zone d'installations communautaires de quartier (CFN) h zone d'amenagement Int6grik (ID). RAISON DE LA MODIFICATION: Permettre que soit converti I'usage actuel de I'ancienne 6cole St. Patrick a un am6nagement h usage mixte commercial et industriel 16ger. Toute personne int6ress6e pout examiner le projet de modification au bureau du greffier communal ou au bureau du service de la cromance et du d6veloppement communautaire a Ph6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du Iundi au vendredi, sauf les jours f6ri6s. Veuiflez faire part de vos objections au projet de modification par 6crit A I'attention du soussign6 a Ph6tel de ville. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658 -2862 53 (cuss! disponible enfran;a1s) Type of Application ❑ Municipal Plan Amendment ❑ Subdivision ❑ Similar / Compatible Ilse Zoning By-law A--d-ent ❑ Variance ❑ Temporary Use ❑ Amendment to Section 39Conditions ❑ Conditional Use ❑ Cbenge / R"stablislm=t of ❑ Zoning Confitroation. Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information 11-Tame of Applicant Aa&=% —ma .5 Mailing Address of Applicant (,nth Postal Code) I C---) I Home Telephone Number Work TolephaneNu-ber O?lq 0 R — !'Tuijl� . r B-mail r ^ IV) Name of Property Owner (if dftmt fim applicant) Eofy'an SVI i n 'Tnko Mailing Address (with Postal Code) Property Information 550 -9 71 tit) Lj (1e, -na h o'k - U87; 67175 560SO7193 civic?, StMt 7l 7 myting Use of Pr"PMY&mno ry lssip-iec�t?1 5ch i Proposed uso-f Property -Lvn�w&c& f\-\ x ce-*� Rusting Plan Designation of Property Dd.e.g Zoning ofPmperty-4-%4'�- Description of Application Proposed Plan Designation offtoperty Proposed Zoning of Property 11) — Describe what you propose to do (attach additional pages if nwessary). NOTE: If the applicant is NOT the owner. the Ownees signature or autluxizaion (in writing) to submit this application is ropired, 4 Signature ofApplicam SignaturcofOwner Date ----------- P lken 1 b-014 For Office Use Only !-.4niewed by Date Dcvclopu-ant Officer lvftTmation Accompanying Application: ❑ Letter of Intent �L1 �-37)60&!M Fib l�l ❑ TentativeSubdivisionPlan ❑ Building Elevations El O*b a ❑ I%oi ❑ sign P.O. Banc 19715Wnt John, NO Canada ER 4LI www.sWnqahn.cs C.P. 197ISaint John. N-B. Canada ER 4LI 154 SAINT IORK 172 City Line Saint John New Brunswick Development Application for Change of Use & Letter of Intent This letter is to accompany the Development application for change of use for 172 City Line, commonly referred to as St Patrick's School, Lower Westside, Saint John New Brunswick. As part of this application we are also applying for Variances on setbacks and green spaces. St Patrick's School is proposed to be the oldest school building in the Saint John area, with a stamped date of 1924 on its sandstone front facade over the main entry doors. It's current use was as a school for that entire time until 2014 when it closed it's doors due to purported lack of students. In 2015 the Roman Catholic Church, whom owns the building, put the building up for sale. The building is not under any registered heritage list nor has it any real significant value in its architecture, however this building has some character and we propose to maintain as much original character as possible. The building sits on top of a hill overlooking the city and waterway. The entire rear area on all three levels including the ground level is facing Saint John city center and has magnificent views over the docks, entire city skyline and of course that great harbor. It is this magnificent view that this property lends itself to be a great place for multiple restaurants and eateries and any business person that wishes to have a beautiful view from their offices all year around, adding to that access to parking directly on site that is without charge for their employees and customers. The buildings current zone use is outdated and no longer in any way required by the new owners or the local area. After identifying that areas needs and wants by way of area research, direct marketing and talking with the locals in the area, we are applying to change the use of the building into a commercial hub which is more appropriate for the area and will provide more needed services and jobs for the area as a whole. The intent is to bring a local commercial hub in the area that will service the needs of the area but also bring jobs to lower west side area, by turning an abandoned empty building into a business and commercial center that will service the Saint John community. Buifdina Details Of Space The building comprises of brick/block and sandstone facade. internal space is equal to approx 25,500 sgft of rent -able area in multiple tenancy configurations. If the building was let as a whole building to one tenant approx 10,000 sgft extra i n commons area space would be provided making the size approx 35,500 sgft. t�Se of Space Work To Building: The building has classroom size rooms and smaller rooms that are very suitable as offices and in some cases it is better laid out than some newer office buildings. These can be subdivided into smaller tenancies if required, but at this stage we plan on keeping them as is, Ground Floor Space: We expect to rent this as retail with idea of restaurants /corner store or possible medical use. Gym Area: We would be looking to keep this as is and any modifications, if any, would depend on tenant requirements. I am looking to expose that area to businesses that might fit it hard elsewhere to gain the height and the size they need for their particular businesses for instance: gym, micro distillery, micro brewery with large copper vats. With the limited exposure to the market there has already been positive responses from potential tenants. 155 Suitability as Commercial! The building is suitable to use as commercial, the previous use of the building was for a school. As a school it was used by approx up to 1200 children in it's prime days, the building has been built and designed to limit the impact this number of children had on the neighborhood. Noise mitigation — the building is built will interior and exterior walls that are from 2 to 6 levels of brick thick, this stops noise from traveling from the inside of the building into the neighborhood. This level of noise mitigation increases the potential number of business types the building can be used by without any interference to the direct neighbors. The building with its classroom layout is ideal for office and business use and the external area is suitable for retail with the emphases on exposing the natural views from the site to all that come. Proposed Retail and Mixed Tenancies We will be creating a diverse but complementary mix of tenancies that include retail and services and we already have some interest from local businesses. These include: 1. A micro brewery with a retail section for direct sales to the public and would like outdoor seating. 2. Destination restaurant with extensive indoor and outdoor area seating overlooking the entire city and Fundy Bay, 3. Light industrial and commercial 1 office spaces on the 2nd the 3`d stories facing both towards the city and streets. 4. Ground floor retail facing the streets of City Line and St James street. 5. Non permanent tenancies that the site can accommodate eg: permanent indoor and weather permitting outdoor markets featuring local farmers, local budding business people and local artisans showing and selling their wares along with locals whom wish to sell their personal items. This can be all year round event. 6. Local Technology and Start up -Ideas Incubator with a reach into the communities business entrepreneurs to be located on the 3'd story. Proposed Businesses Potential business types and examples of these are as follows: Office Uses Service Uses: Retail Medical: Dentist, Orthodontist, Multi Use: Child care, video editing and Destination restaurants, convenience Podiatrist, Pediatrics, Physiotherapy video creation, musid sound studio, store, Sushi bar. and Family Practice Doctors. Radio massage therapist, day spa, cooking station, Business offices, classes, culinary, martial arts gym, Direct Food Makers: Micro -distillery, fitness studio, computer repairs, micro - brewery, micro-ice -cream maker, accountants, editorials services, specialty Chocolatiers, cupcake, electronic repairs, event planning, creperie, Australian pie shop, furniture repair and re- upholstery, Portuguese chicken rotisserie, wine florist, liquor store, glazier, window maker, cheese maker, micro coffee repair, cabinets maker, bank, jewelry roasters light manufacturing eg diamond setter. Education, register offices for Nursery & florist shop, mushroom companies, business offices, tech cultivator, weekend markets offices, insurance offices. Vet clinics, dog training, dog minding and day care, pet shop, aquaculture, 156 We see the building having different zones that will contain a different tenant mix. Each zone is different from the other zones and is more suitable to different business types. Zone 1. Zone 2. Zone 3. upstairs offices -office related, tech or Downstairs space that fronts ground The current gym area: Retail or business offices, caterers offices, real level with views and street level for easy production eg micro brewery, micro estate offices etc direct access. Eg corner store, cupcake distillery, coffee roasters, gym, marital shop, pie shop, pizza shop, restaurants arts studio, innovative sport ideas etc Ground level with direct access for medical practices. Parkins Existing parking is currently along City Line between the roadside and the building and around the St John Street side and a raised area next to Lancaster st.. The proposal uses this existing parking area and adds to this by removing the playground inside the same area and turning that playground into further more usable parking spaces and the proposed project will be adding to the parking available along the back area by the existing green space by adding parallel parking for 6 spaces. Saint Patrick's will provide 70 staff and patron car park spaces which I believe is only just enough to sustain the number of businesses on site. _..._._ _. Site Variances and Green 5 ace The site is approx 1.5 acres in total space including building, parking and green space, we propose to keep the existing green space located in the back of the property and along the building on city line street. We will be adding limited green space along the boundary of the main car park area on the city line side. Green Setback Space Variance The building has been working as a school which had parking along St John and City Line street. We propose to keep this and add in more green space to help with the appeal of the project. Variance 1. 2.43m to 4.35 setback green space from left boundary when on City Line st area 153.345m2 of green space Variance 2. and 3. Large green space area fronting Lancaster st with green space has required setbacks, area is 752.74 m2 of green space that we will add landscaping to and an area for 2 park style benches ans seating. Variance 4. Setback and green space from Lancaster st for existing raised parking area is 1.187m -- this raised parking area cannot be seen from the street below and plant screening here is of little to no value. Also parking area is existing. Variance 5. Front side of existing raised parking area has set back ranging from 1.814m to 1.974m Variance S. Setback on right side of front car park is 1.173m to 1.469m — existing setback for right side of front parking area Variance 7. Set back on frontage of St John St is 2.774m with 1.469m depth of green space, area of green space along St John St is 66.43m2 Variance 8.3m setback with 3m of green space. Variance S. Along city line existing car parking area along building -- existing setback is 0.132m — existing green space is currently located along the building that is 2.56m deep — green space area is 66.09 m2 of green space to the left of building entrance and 15.61 m2 green space to the right of the front entrance. Variance 10. Existing building setback is 1.774m 157 Time Frame We are requesting 2 years to complete exterior site works. I am asking for this as it is not possible to accomplish much in winter. Work will be started immediately for green space, parking and signage along St John St and City line street. Market Research We have conducted limited market research in the area surrounding Saint Patrick's School, The current residents of that lower west side that have been contacted about the project have all been in favor of the proposal and some even stating that they welcomed local employment opportunities and they would look for jobs from the new occupants of the building. Everyone said that they would see themselves using the facilities and were in favor of the entire project and we're excited about getting facilities in their local area that they can use. The non resident locals that have been spoken to have advised that they believed that lower west side is an area they will not go to in the future or have not gone to recently. The reasons they gave were the following: a) they have no reason to go to that area for anything as there are no services or restaurants there. b) the area has currently got a bad reputation of being a rougher neighborhood in Saint John The non residents also mentioned that they believed the development would benefit Saint John and the west side of Saint John in particular. We also spoke to a number of business owners around Saint John and they said they were in favor of the location and building and they said that with adequate parking they would consider that location for their business at Saint Patrick's Center. Benefits for Saint John The Saint John community is growing slowly and the demographics are changing with an influx of younger people coming into Saint John and people having children, at the same time older people are dying, this is resulting in a large body of younger people that now need employment and services. The Saint John economy is growing. More Jobs for Saint John The Conversion of Saint Patrick's school into a new commercial hub will create plenty of jobs for Saint John, these include Short Tenn, Medium Term and Permanent job opportunities. Short Term Medium Teim Permanent Construction jobs creation is expected The Project is anticipated to produce up We expect Saint Patrick's Centre to to be around 16. to 4 full time permanent jobs to manage create approx 120 new jobs in the lower the ongoing project including West Saint John area. construction, maintenance, tenant management and facility management. More Services for Lower West Saint John Presently on the lower west side there are limited businesses and none that are located in the immediate area of Saint Patrick's. There is a Tim Horton's coffee shop, computer hardware repair shop and one smaller convenience store located in the very bottom end of lower west Saint John. Not withstanding Tim Horton's, none of the other stores provide similar services to what is proposed at Saint Patrick's and no businesses in that area provides similar amenities that are provided by Saint Patrick's to its patrons. 158 The benefits to the local residents include a higher standard of lifestyle choices and less travel expenses to achieve such lifestyle choice. The building is currently not being used and is a blemish on their local neighborhood. Having this building being used again and being revitalized is going to help the community and its residents. We believe that this project will bring up the reputation of local area, bring more jobs locally, provide higher quality living with access to more restaurants and shops, provide less travel times to get to these places, providing places for local entrepreneurs to set up businesses and with this, it all helps build a better local community. The consensus of the locals that were used in the market research did however identify a lack of good quality restaurants and services with easy parking, good views and location that they can take their children too without being in the city or big box store places. Hours of Operation The center is expected to be open 7 days a week. 7AM to 11 PM each day. The hours of operation are dependent on the tenants requirements for instance the convenience store may be open from 7am and close early evening, and the restaurants are expected to be open from Liam till 10pm on weekdays and 11 pm on the weekends. Tenant Numbers The anticipated number of tenancies in the building is around 34 tenancies. This will vary depending on the types of businesses applying to become tenants and their space requirements. The aim is to create a tenant mix that does not create a strain on the parking provided. Number of Jobs Due to the nature of the mixed use the expected number of jobs at Saint Patrick's is between 85 -160. These numbers will be spread over the day time employees and the evening employees with more employees expected to service the restaurants at nighttime than during the day. Site Accessibility The property is surrounded by residential properties and vacant green blocks. There are two parks in the near by area. There is very limited car parking in the surrounding area which is restricted to small areas of on street parking only. There is a bus stop directly on the side of the St John street which will allow customers of the tenancies and possible employees to get direct access to the property. There is limited parking in the area and it is necessary for the property to maximize the available parking to make sure that the tenants are not hampered in any manner. There will be an entrance to the available parking provided on City Line st. Arterial Roads and Accessibility St John street is a major arterial road in the lower west area. Saint Patrick's is easily accessible from the highway in a few minutes of easy driving. The area has direct access to the bridge that connects the lower west to major highways and thoroughfares in the area making the site easily accessible from most parts of Saint John. Saint Patrick's is also closely located to Fundy Heights and Duck Cove. Lancaster Ave provides easy access from the rest of west Saint John. 159 Foot Traffic The property is on the corner of St John street and City Line. It is centrally located in the lower west side, it is evident by the research, this central location makes the property accessible to a reasonable number of people as foot traffic but this is not enough to sustain local businesses by itself and as such adequate parking needs to be provided on the site so people can arrive via car, People Involved done Mr Andreas Holmes is a successful businessman with over 20+ years of experience it) the building industry. Mr Holmes has directed many projects over time frame for clients and for himself, including single and multifamily home renovations, supervising the construction of one of Australians wealthiest families 20M dollar+ estate new build on the waterfront in Brisbane with a 10 car underground basement and garage, to a 152 waterfront unit complex with retail component on the ground levels, owning and completing multiple land subdivisions in his earlier years in the building industry. Mr Holmes has worked in multiple countries around the world preserving old buildings that most would considering knocking down and after he has completed those properties some become the most sort after properties in the area. A testimonial to his style and determination to perfection his last sold project had multiple offers in the first 24hours on market and sold over asking price in a market where properties were sitting commonly for over 45 days, Mr Holmes has been featured in recent times in the CBC news for his development and foresight in the Saint John local real estate market. Mr Holmes follows a business principal where his endeavors are focused on having the right people around him who can supply a specialized knowledge whenever needed and that extends to his wife as well. Mrs Holmes has a history in Retail Leasing in Australia and represented clients such as Hard Rock Cafe International, Oakley and some of Australia's wealthiest families with their Shopping center leasing and sales. Mrs Holmes has also been mentioned in numerous media publications such as the prestigious Financial Times and was frequently featured in Gold Coast Business magazine and is credited for creating Australia's national Builder Brokering industry. Mrs Holmes was offered a position on the board of the Queensland Heritage Council before they left to become Canadian residents and will be helping with the project. What Approval Means Granting approval for the rezoning and variances will help the community and will provide large numbers of jobs and new services to the area. It will also help preserve and bring new life to an architecturally interesting and attractive building. 160 PROD m RYAN AlUmMK lMMATOKALPROOOCT DRAWING LEGEND A-1 EASTINGSITEPLAN A-2 PROF08EDS8R��EN- A 7,1 PROP09E0 SRE PWJ-0PlA A 6 \ 0.,'_7 LEYE�LOONE PLOORpWFTEUANTS M.1 LEVEL77WOPIOORPIAAN- TTEEKANTS ,& G OIOIND LEVEL FLOOOORAIAN• TENwa A-0 ELEVATIO48 Ad ELEVATNINS A8 DOOR8 mDown PARTNgNs A8 DETAILS Lo tie zs 161 Nino5 NORTH LEGEND AL A �fi?r -In 63 � Mw n I -m Q e SAINT PATRICKS SCHOOL EXISTING SITE PLAN J 3 y� >i 0 K PR00MM BY AN AMDMK EMMAMOML PROOIN;T DRAWING LEGEND A-1 EMIS7ING SSE PUN 2 PROPOSED SIM P1AWOPTbONA A-W PROPOSED 97E PLAN•OPTU4B A.T LEV40f1E FLOOR PLAN A2.1 LEJEL ONE FLOOFLR D pp PpVM- TENWrS Ad LEVEL A-4.1 LVELNRppOMpEM7ENNTS a.1 O E LE,EaL FLOOR ppMEN NS AA ELE'ATIONS M7 ELEVATIONS -- - - Vc PARTrtM IMNDLLY:%1OB 162 MIM �■ 41 u�nes NORTh LEGEND Ak A VulB R::�Y PA."; — +IxIR '�', L:: FV - SAINT PATRICKS SCHOOL 172 CITY LINE MINNOW PROPOSED SITE PLAN OPTION B L _-3 163 PPpDUGFn YYAK AUTODUK EOOCAMMJ PRODUCT 164 PRWWM9YANAVfO KEgx:ATpHALPROW 165 o� F Z 9 e � 9 -. - Pk'4 cBU SYAN ANiUCE5K E01i6AlAQNFLPRODJLT 166 tlM -I E_'i�iiie� . I�I . �Lfahm'UW4 li 167 BOILER PA F BOILER RK ro c. kinos rr AIL NORTH SAINT WRICKS SCHOOL GROUND FLOOR PLAN 0 5 10 15 25 A5 9 --.. m by liy AUMDMK 10"MMLPMOnT • m s a yy a0 OW 4 Pw ln■r r.uw7q[rtM YVUGaiiMe�wa :t� ® mi NORTH ELEVATION WEST ELEVATION M 169 :_ ' .' 4? Nino6 A& NOFTh SAINT PATRICKS SCHOOL ELEVATIONS 1 &2 z w �yy g %O V -- PROO E0IYANAUTOMKWUGAMNALPR WCT �M Nis -- -�Z mi W1=57 ELEVATION �° 170 Nl ®S AL NORTH SAINT PATRICKS SCHOOL ELEVATIONS I WI SIGNS a A6.J EM 172 RDOWT 5AINT PATFXE 5 K'A', 3TAU.-,NTj OF; C5 5ff L lit 4? PIPOG NORTH SAINT PATRICKS SCHOOL SIGN DETAILS ", re, Emat ENGINEERING E'XPPFS*t�_`_' 166 SW 12th Ave, Suite 106, Deerfield Beach, FL 33442 PHONE: (954) 354 -0660 FAX: (954) 354 -D443 wo ,AL iNill.I ASCE 7 -10 Other_Structures_Pressure Calculator - Job #: r 10037 - i Save/Load Printer Friendly Reset All Contractor: Fundy Harlbour Construction - Address. f City line Project dame Saint Patrick's Sign City:! Saint John N.B. FL Section Selection A$p4 r' °1t RFD l .. Edit Solid Freestanding Walls and Solid Freestanding Sian Exposure Category: 0 B 1- C D Wind Directionality Factor, K_d: 0.85 Basic Wind Speed, V: II 70 1 mph Velocity Pressure, q_h: 6.46 psf Height to the Top Gust -Effect Factor, G: 0.85 of the Sign, h: 18 ft General Reduction Factor i (for openings comprising 0.92 Horizontal Dimension 5 ft Cases A & B Vertical Dimension 14 ft Net Force Coefficient, 1 69 Case C Ratio of Solid Area 82� Pressure 5,15 pelf - NOT B /s' -0 36 il For Bfs ? 2, Case C must be considered in Ar ; addition to Cases A 8L B. _..._ Applicable D °L3W.R`.F!i�n':- '�!a-� '- .�d,; FV s rt._. ,, :5. '°Y.'�.i'M►'.:;. CU"MID11- E TE A' L FIELDS A B 0 IWIF HEN ISLE FILE AND SUBMIT T `_N'G11VEL;�'-:R IN 0" EXPRESS I'M APPROVAL Copyright 2415 PriCin -� EP INIFER JG 8- Feb -2016 v1.67 En inerin Ex ress.com _.._ Jun 25, 201.5 9 9 P � � - -� - -� � � 10:49' AM Make Suggestions & Report Issues to: innovation @engineeringexpress.cor 173 Tibbits, Kelly From: Taylor, Jonathan Sent: March - 10--16 11:38 AM To: Tibbits, Kelly Subject: FW: Proposed Re- Zoning of St. Pat's School. Attachments: Re -zone St. Pat's School - Concerns.docx From: Maritime Opportunity Centre Inc. [mailto:mbsery @nb.sympatico.ca] Sent: March -09 -16 2:48 PM To: Farren, Bill; Norton, Greg; Fullerton, Susan; MacKenzie, John; Reardon, Donna; Lowe, Gerry; david.merrithew @saintohn.ca; Strowbridge, Ray; Norton, Mel; shelly.rinehart @ saintjohn.ca; McAlary, Shirley; Kliffer, Jody; Taylor, Jonathan Subject: Re: Proposed Re- Zoning of St. Pat's School. Please find attached a brief letter expressing my concerns of the re- zoning of the former St. Pat's school. (All attachments not included, Survey and references will be available March 15th at the P.A.0 as well as April 4th at Common Council) Thank you for your time. Gina Hooley Maritime Opportunity Centre Inc 1 -506 -635 -8837 Come Celebrate our 30th Birthday, Sunday May 15th 12 -4pm, & Help Support Your Local Chapter of MADD- "Providing the space you need, @ A PRICE YOU CAN AFFORD!" Guaranteed! "Opportunity is Knocking" 174 Maritime Opportunity Centre 1216 Sand Cove Road, Saint John, NB E2M - 5V8 Phone: (506) 635 -8837 Fax: (506) 635 -5943 March 81h 2016 Re: Rezoning St. Patrick's School Dear Mayor and Members of Council I have recently spoken with some of you pertaining to the proposed rezoning of the former St. Patrick's school. I would like to thank you all for your time in reading this letter. As I know you are busy - I will be direct on a few issues of concerns I would like to bring to your attention. I would like to start by saying I appreciate the job you do and I hope you will sincerely take into consideration what I am presenting to you today. Please see all attachments. For those of you in which whom I have not spoken with, my name is Gina Hooley, I am a proud born and raised "Saint Johner " and currently work full time at the Maritime Opportunity Centre located on Sand Cove Road in West Saint John. I would never want to deter investors from Saint John, as Mr. Mel Norton has said "If we don't sell Saint John, who will ?" i strongly believe that people should invest in Saint John but I feel they should invest in areas of need such as affordable housing. For example — The former Saint Vincent's School or the housing project on Leinster Street. 1 would like to request that you do not approve the proposal to re -zone, because: 1) Saint John is a beautiful place. That needs two things: Affordable housing and quality (safe) Housing. 2) Saint John does not need any additional commercial space. During this past December of 2015, Turner Drake & Partners LTD conducted an independent study on Vacancy Rates in the Saint John Area Saint John currently has 528,071 Sq FT vacant And with the recent approval of the Irving H Q consisting of 13 levels, this vacancy rate is going to continue to grow. I strongly believe if you re zone this area you will be putting an ever -so deeper burden on the commercial industry that all ready struggles in the current economy. 175 3) To protect the lifelong residents and neighborhoods from high traffic and commercial transport trucks. This area is currently not zoned for truck travel (except local delivery). Changing this area to be zoned Commercial would allow traffic to increase and the safety of the neighboring children to decrease. Our Business is important to us and Saint John. We currently house 30 small businesses, some in which would not exist without us. (Letters of recommendation available upon request) Thank you for your time, Sincerely, Gina Hooley Maritime Opportunity Centrer Fun Facts Regarding The Maritime Opportunity Centre — Formerly Known as the Dr. Roberts Hospital —Est. In 1986 Locally owned and operated Offers discounts to new business (Assisted in establishing 3 new businesses with ESJ in 2015) —Works with small and struggling business owners "Providing the space you need, @ A PRICE YOU CAN AFFORD!" Guaranteed! "Opportunity is Knocking" –Come Celebrate our 30t"Birthday, Sun May 15th 12 -4pm. & Support Your Local Chapter of MADD^- 176 Tibbits, Kelly From: Taylor, Jonathan Sent: March -16 -16 4:09 PM To: Tibbits, Kelly Subject: FW: Rezoning of St. Patrick's School From: MADD [mailto:maddstj @nb.aibn,com] Sent: March -16 -16 3:59 PM To: Kliffer, Jody Cc: Taylor, Jonathan; 'Karen Dunham` Subject: Rezoning of St. Patrick's School Hello At this time I would like to voice my opinion on the proposed rezoning of St. Patricks school west. I have been a long time resident of Saint John West and all 3 of my children attended St. Patrick's - through grades 1- 9. During their time at this school, it was always a safe and secure walk to and from. I fear with the rezoning and transport trucks being allowed to travel the route of the school path, it would not provide the next generation with the same security. I am not in agreement with the rezoning of this area. Thank you. Karen Dunham 1 177 I _r �P b'. Ashburn Road / One Mile Interchange Areas Municipal Plan Amendment &Rezoning —ri ... � —'40 Tip- i,' wall?_ John Community Planning Development Growth & Community Development Services W�o Roc- kwood Palk I 179 f l I♦ 'tea #"4► _�'� op SL imp IL 1M Y one _ tv �A- site plan - ; ON Arl s � Aw"Was, \ , � � � �L \7 \ <. site aerial' 6-. -. v w AW MAP, • �t�r Nk iL ir/ Awk MAP, • �t�r A, ip 183 I XXI If Ip sit site topography site photos C' U r C' V 46 %I. Park inad Plattanil Ai re' .1 Pork and NM urf i Area 4 Uiban ReNierve U,q ff 1 Or Arrn�� Sl Heavy toudutstrial 185 Rural A 0 ore C." X. 37, Par Na A ,f� stable Studies required to assess impacts of PDA expansion - manage risk Unique development - highway . focus, gateway to City Uphold intent of Plan through conditions on re. W 1 RU RU R2 c G V4 cc LL IL 0 RU R2 RU IC F D RU RR RU RU p R2 R2 R2 RU RU Rl R 2 CL Rl R2 R2 R2 c c R! R2 R R1 R2 R2 R# R2 vR J R2 cc Ri RI Rl R2 vil, R2 A2 Ri R "1 -RI R2 p R2 Rl c 6 CC F?? RL p Rockwood Park lJ T cc cc C C R R2 R2 CC RL R2 11H XA R2 C C CC T A� 0 R2 R2 RL AM R L L C L R2 R L R2 2 Costs developer's responsibility potential r cost - sharing through Section, 39 Amendment Limit on building floor area 3000 sq.m. POEzoning n zoneSi Section 39 conditions manage risk more detailed plans l analysis through Section 39 Amendment 5 -year completion of studies Traffic Servicing Stormwater EIA Market (If change to concept) 191 staff recommendation • Approve Plan Amendment and Rezoning • Section 39 conditions • Studies and EIA • Cost responsibility • Revert rezoning • Building area • Amended Staff Recommendation • Approve Plan Amendment and Rezoning for Commercial Portion, and EcomPark • Section 39 conditions • Studies and EIA • Cost responsibility • Revert rezoning • Building area �1 INiPAM Community Planning &Development Growth &Community Development Services March 22, 2016 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: The City of Saint John SUBJECT: Proposed Municipal Plan Amendment and Rezoning 459, 617 -885 and 540 -900 Ashburn Road and a Parcel of Land Northeast of the One Mile Interchange On February 22, 2016 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 15, 2016 meeting. John Wheatley of Horizon Management Limited was in attendance. He advised the Committee he was in favour of the staff recommendation and provided a presentation giving an overview of the project noting that the project was not a typical shopping centre development, but a mixed -use development, with this location chosen for its highway access and visibility. In addition, a 60 -acre area of green space would be provided northeast of the One Mile Interchange allowing for the development of active transportation connections along Marsh Creek. Mr. Wheatley noted the applicant had been working through the pre - application process with City Staff and that the applicant has completed work including a geotechnical assessment along with preliminary servicing and hydrotechnical reviews. Mr. Wheatley responded to questions from members of the Committee related to the timing of construction, the impact of the project on the area's retail market, the proposed Eco -Park, and stormwater management. He noted that the next stage in the project, if approved, would be the completion of the required studies, one of which is an Environmental Impact Assessment that is expected to take three to five years to complete. Mr. Wheatley noted Horizon Management is a local developer that is committed to the Saint John Region and that the proposed project would complement not compete with existing shopping malls. It was also Page : of 197 Horizon Management Ltd. The Crossing — Various Properties March 22, 2016 noted the proposed Eco -Park would provide linkages to proposed walking and cycling trails as well as stormwater management and wetland compensation. In response to questions from the committee relating to timing and why the developer did not wait to have the project reviewed as part of the five -year Municipal Plan review, Mr. Wheatley noted that a series of studies have to be completed before construction and that applying now would provide time for these studies to be completed prior to the economy improving. He also noted the entire project, including the residential component could take up to 20 years to develop City Staff noted in response to questions from the Committee that they have been working with the applicant through the pre - application process for approximately two years and that while they do not track the development of commercial floor space within the City, the proposed residential component of the project is 288 units compared with the 5000 dwelling units forecast to be developed over the horizon of the Municipal Plan. Elizabeth McGhan of 1107 Rothesay Road appeared before the Committee and noted concerns with traffic in the area of the development given that Ashburn Road and Rothesay Road are used by employees of the hospital and university as a commuter route. She also noted concerns with drainage in the area and questioned the need for more retail floor area given the demographics of the region. Neil Fulton, a resident of the area near the development, appeared before the committee and expressed concerns with stormwater management in the area of the development. Deborah Lindsay, a resident of the Highlands at Drury Cove, appeared before the committee and expressed concerns with the City potentially having to subsidize infrastructure to support the development if there was a slow market uptake with the development. Larry Hachey, chair of Enterprise Saint John, appeared before the committee and spoke in support of the development noting highway services is a gap that is not being served by the Saint John market and that this development would complement existing retail development in the City and the tourism market. He also noted development of the proposed Eco -Park would provide active transportation infrastructure and green space which make the City more attractive to business and new residents. David Greene, General Manager of McAllister Place, representing Primaris REIT, spoke in opposition to the application. Mr. Greene noted that in his opinion, the Page 2 of 7 198 Horizon Management Ltd. The Crossing — Various Properties March 22, 2016 proposal does not conform to the intent of the Corridor Commercial (CC) zone and that sufficient information was not provided by the applicant to assess conformity of the proposal with key Municipal Plan policies including LU -4, LU -59 and LU -60. Mr. Greene also expressed concerns with the net impact of the development on the City's finances if the City has to pay for infrastructure upgrades to support the development. He also noted concerns regarding stormwater management, noting that Policy LU -62 of the Plan imposes limits on development in the McAllister Regional retail Centre until a comprehensive stormwater management plan is completed for the area. Mr. Greene also noted that given the impacts of the proposed development on the wetland, wetland compensation will likely be required by the Province. Staff responded to a question from the Committee relating to stormwater management noting the City is completing modelling of the stormwater drainage basins with the McAllister/Westmorland area expected to be complete in 2018. This modelling, and work proposed to be completed by the developer through the proposed Section 39 conditions, will provide input into the stormwater management plan cited in Policy LU -62 of the Municipal Plan. John Wheatley reappeared before the Committee and stared he is aware of and understands the concerns and issues expressed by the residents. He noted, in his opinion, the developer has demonstrated a good track record with the East Point Development and noted it can take over 10 years to get a tenant signed on and the project construction completed. The Committee questioned if approving the Municipal Plan Amendment and Rezoning for only that portion of the development that is currently within the Primary Development Area (PDA) was an option. Staff replied that this option was suggested to the developer during the pre - application process. Mr. Wheatley noted that approving only a portion of the site for commercial development would present difficulties in marketing the project to prospective commercial tenants. Some committee members expressed concern with the lack of information provided by the applicant and the effects of the proposed residential component on development in areas identified for intensification in the Municipal Plan, noting that no approvals should be given until the applicant provides additional information. Committee members also noted that the impacts of the development on the entire Marsh Creek watershed should be reviewed. Some Committee members expressed concern with the proposed residential development noting that it does not fit the area, or the broader commercial vision of the development. In response to questions from the Committee members, Staff noted the proposed Section 39 conditions would still apply if the Committee chose not to recommend approval of the residential component of the project. Page 3 of 7 199 Horizon Management Ltd. The Crossing — Various Properties March 22, 2016 No other persons appeared before the committee. There were 3 letters submitted in opposition to the application during the 30 -day period following the Public Presentation of the Municipal Plan Amendment. Two letters in support of the development were received along with 2 letters expressing concerns with the development. After considering the report, letters, comments made by the applicant and the concerns expressed members of the Public, the Committee recommended approval of an amended Staff recommendation to approve only the Municipal Plan Amendment and Rezoning for the lands associated with the Eco -Park and commercial development and not the proposed residential area. The motion to approve the amended Staff recommendation was approved by a 6 to 2 vote. RECOMMENDATION: That Common Council: Redesignate, on Schedule A of the Plan, parcels of land with an area of Approximately 54.8 hectares, located at 459, 885 and 540 -900 Ashburn Road also identified as being PID Nos. 00296673, 00357327, 00432203, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, 00418160 and a portion of PID No. 00053025; and a parcel of land north east of the One Mile Interchange, also identified as being PID No. 55189385, from Park and Natural Area and Rural Resource Area (outside of the Primary Development Area); Urban Reserve, Stable Area and Employment Area (within the Primary Development Area), to Employment Area, and Park and Natural Area (within the Primary Development Area); 2. Redesignate, on Schedule B of the Plan, the same parcels of land, from Park and Natural Areas and Rural Resource (outside of the Primary Development Area); Urban Reserve, Stable Commercial and Commercial Corridor (within the Primary Development Area) to Commercial Corridor, and Park and Natural Areas (within the Primary Development Area); 3. Designate, on Schedule A of the Plan, the portion of Ashburn Road, between Foster Thurston Drive and Rothesay Road, and the portion of Rothesay Road, from Ashburn Road to Rothesay Avenue, as a Commercial Corridor. Page 4 of 7 200 Horizon Management Ltd. The Crossing — Various Properties March 22, 2016 4. Amend the Zoning By -Law by: a) rezoning a parcel of land having an area of approximately 37.5 hectares, located at 459, 540900, and 885 Ashburn Road, also identified as PID Nos. 00296673, 00357327, 00432203, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, and 00418160 and a portion of PID No. 00053025, from Rural (RU) and Future Development (FD) to Corridor Commercial (CC). b) rezoning a parcel of land having an area of approximately 17.3 hectares, located north east of the One Mile Interchange, also identified as PID No. 55189385, from Future Development (FD) to Park (P). 5. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 37.5 hectares, located at 459, 540 -900, and 885 Ashburn Road, also identified as PID Nos. 00296673, 00357327, 00432203, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, 00418160 and a portion of PID No. 00053025 for a commercial development and the parcel of land with an area of approximately 17.3 hectares, located north east of the One Mile Interchange, also identified as PID No. 55189385 for an Eco -Park, shall be subject to the following conditions: a) No portion of the site shall be developed prior to the completion of a Transportation Impact Study prepared by the developer and subject to the approval of Common Council, as a statutory amendment to these conditions. The scope of work for the transportation impact study will be established in cooperation between the City, NBDTI and the developer. b) No portion of the site shall be developed prior to the preparation of a servicing study reviewing the impacts on the City's water supply and sanitary sewer collection systems prepared by the developer and subject to the approval of Common Council, as a statutory amendment to these conditions. G) No portion of the site shall be developed prior to the preparation of a stormwater management study that details the approach for stormwater management on the development site and reviews the impacts of the development on upstream and downstream areas of the Marsh Creek watershed prepared by the developer and Page 5 of 7 201 Horizon Management Ltd. The Crossing — Various Properties March 22, 2016 subject to the approval of Common Council, as a statutory amendment to these conditions. d) No portion of the site shall be developed prior to the proponent registering the project with the Provincial Environmental Impact Assessment Process and a Certificate of Determination being issued by the Province. e) No portion of the site shall be developed except in accordance with detailed plans including, but not limited to, a context plan, a site plan, typical building floor plans, typical building elevations, and a landscape plan all of which are to be prepared by the proponent and subject to the approval of Common Council, as a statutory amendment to these conditions. f) Should a significant change be proposed in the project concept plan, an addendum is required to the market study that provides additional analysis of the impacts of the proposed development on the regional retail sector as a whole, and is subject to the approval of Common Council, as a statutory amendment to these conditions. This addendum to the market study will be prepared by the developer. g) Any upgrades to the existing municipal infrastructure required to service this proposed development will be the developer's responsibility and cost. However, should any cost sharing agreement be proposed between the developer and City, which may involve another level of Government, related to costs associated with infrastructure upgrades, servicing, transportation network improvements or development of the project, that such cost - sharing agreement be subject to the approval of Common Council, as a statutory amendment to these conditions. h) The maximum floor area of a building in the rezoned area is limited to 3000 square metres i) The required studies outlined in conditions a) through f) inclusive shall be completed within 5 years of the date of the Municipal Plan amendment and rezoning coming into effect. Should this not occur, Common Council reserves the right to take steps to immediately repeal the rezoning agreement and the rezoning pursuant to Sections 39(5) and 39(6) of the Community Planning Act and return the land shall return to its previous zone which existed prior to this agreement; and , Page 6 of 7 202 Horizon Management Ltd. The Crossing — Various Properties March 22, 2016 No portion of the site shall be developed prior to the preparation of a detailed phasing plan that graphically outlines the timeline for completion of the site development, prepared by the developer and is subject to the approval of Common Council, as a statutory amendment to these conditions. Common Council reserves the right to impose additional conditions relating to the timeline for completion of the project phases and the repeal of the rezoning agreement and the rezoning pursuant to Sections 39(5) and 39(6) of the Community Planning Act and the return the of the land to its previous zone which existed prior to this agreement at the time the studies are reviewed as part of the required Section 39 Amendment, and j) In accordance with Section 39(8) of the Community Planning Act, the applicant shall provide a certified cheque in the amount of one thousand dollars ($1,000.00) to cover expenses related to the cancellation of the conditional rezoning agreement and/or repeal of the rezoning in the event that the conditions attached to the rezoning cannot be met, as per policy 1 -5 in the Municipal Plan. The certified cheque shall be repayable on the substantial completion of the development for which the rezoning is granted. This shall be provides by the Developer to the City within 30 days of Third Reading of the 2016 Municipal Plan Amendment and Rezoning. Respectfully submitted, Eric Falkjar Chair Attachments Page 7 of 7 203 �" The City of Saint John. Date: To: From: For: SUBJECT Applicant: Location: Application Type: March 15, 2016 Planning Advisory Committee Community Planning & Development Growth & Community Development Services Meeting of Tuesday, March 15, 2016 Horizon Management Ltd. 459, 617 -885 and 540 -900 Ashburn Road and a Parcel of Land Northeast of the One Mile Interchange Municipal Plan Amendment and Rezoning On March 14, 2016 Growth and Community Development Staff met with the applicant to review the report and Staff Recommendation to the Planning Advisory Committee. The applicant requested clarification relating to 5 of the proposed Section 39 conditions recommended in the report (item 5 of the recommendation) as discussed below. After reviewing the feedback received from the developer, Staff are proposing minor clarifications to the Section 39 conditions. Costs and cost sharing — Conditions a) and i) The applicant noted that item i) requiring the developer to be responsible for all infrastructure costs, appeared to contradict item g) which outlined the process by which a cost - sharing arrangement, should it be proposed as the result of the required transportation and infrastructure studies would be reviewed and adopted. Staff agree that the manner in which items g) and i) are presented in the listing of recommended Section 39 conditions requires additional clarity. The intent of these conditions is that any costs are the responsibility of the developer, unless the required infrastructure or transportation Page 1 of 6 204 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 15, 2016 studies to be completed by the developer at their expense identify works which are the responsibility of a party other than the developer, such as the City or Province. Should cost - sharing between the Developer and another level of Government be proposed (as a result of the findings of the studies to be carried out by the developer's consultants), it is recommended that this cost sharing agreement be subject to the approval of Common Council, as a statutory amendment to these conditions. This would involve an amendment to the Section 39 conditions and the required public process involving a Staff Report and recommendation to PAC and a Public Hearing at Common Council. Given this, it is recommended that the existing items i) and g) be eliminated and replaced with the following: g) Any upgrades to the existing municipal infrastructure required to service this proposed development will be the developer's responsibility and cost. However, should any cost sharing agreement be proposed between the developer and City, which may involve another level of Government, related to costs associated with infrastructure upgrades, servicing, transportation network improvements or development of the project, that such cost - sharing agreement be subject to the approval of Common Council, as a statutory amendment to these conditions. Timeline for Development — Condition it (current condition i] Upon request by the developer for clarification and a review of the wording of item j) by Staff, it was noted this recommended condition did not refer to the specific completion of the first phase of the development as referenced in the body of the report on Page 14. In addition Staff note that this development is unique in that the proposed Section 39 conditions recommend a suite of studies to be completed by the developer and subject to review as Section 39 Amendments(s) prior to any construction commencing on the project. To align with the intent of Policy 1 -5 of the Municipal Plan, Staff recommend that the developer be given a five year window from the date of this approvals to complete the required studies and prepare phasing plan outlining the development timeline. If the studies are not completed within the three year time frame, then Common Council has the authority to repeal the rezoning subsequent to the provisions of the Community Planning Act. Common Council would reserve the right to impose further conditions on the completion of the phasing of the development through the Section 39 amendment process associated with the review of the required studies. j) The required studies outlined in conditions a) through f) inclusive shall be completed within 5 years of the date of the Municipal Plan amendment and rezoning coming into effect. Should this not occur, Common Council reserves the right to take steps to immediately repeal the rezoning agreement and the rezoning pursuant to Sections 39(5) and 39(6) of the Community Planning Act and return the land shall return to its previous zone which existed prior to this agreement; and, Page 2 of 6 205 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 15, 2016 No portion of the site shall be developed prior to the preparation of a detailed phasing plan that graphically outlines the timeline for completion of the site development, prepared by the developer and is subject to the approval of Common Council, as a statutory amendment to these conditions. Common Council reserves the right to impose additional conditions relating to the timeline for completion of the project phases and the repeal of the rezoning agreement and the rezoning pursuant to Sections 39(5) and 39(6) of the Community Planning Act and the return the of the land to its previous zone which existed prior to this agreement at the time the studies are reviewed as part of the required Section 39 Amendment. Traffic Study — Condition a) The developer has expressed concern that the wording of condition a) does not allow for their involvement in the development of a scope for the required traffic impact study. In meeting with the developer, staff have indicated that it is the intent to involve the developer in meeting(s) with both the City and NBDTI to develop the scope of the required traffic impact study. To clarify this Staff recommend that condition a) should now read: a) No portion of the site shall be developed prior to the completion of a Transportation Impact Study prepared by the developer and subject to the approval of Common Council, as a statutory amendment to these conditions. The scope of work for the transportation impact study will be established in cooperation between the City, NBDTI and the developer. Buildina Elevations — Condition e) Concern was expressed by the developer regarding the review of the building elevations. Staff indicated the intent of this requirement is not to have a comprehensive architectural design review, but to ensure that the building design which is presented through the approval process is what actually gets constructed. Staff recommend that the word "typical" be inserted before "building elevations" in condition e) Market Study — Condition f) The developer expressed concern with the requirement for a market study outlined in condition f). The developer has provided a consultant's report which outlines the target market of the development. Based on a review of this requirement, Staff are of the opinion that an addendum to the market study should only be required if there is a significant change in the scope of the development or the proposed concept. To clarify this, Staff recommend that condition f) be revised as follows: Page 3 of 6 206 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 15, 2016 f) Should a significant change be proposed in the project concept plan, an addendum is required to the market study that provides additional analysis of the impacts of the proposed development on the regional retail sector as a whole, and is subject to the approval of Common Council, as a statutory amendment to these conditions. This addendum to the market study will be prepared by the developer. RECOMMENDATION Staff recommend that the following be substituted for the Section 39 conditions outlined in Item 5 of the Staff Report: a) No portion of the site shall be developed prior to the completion of a Transportation Impact Study prepared by the developer and subject to the approval of Common Council, as a statutory amendment to these conditions. The scope of work for the transportation Impact study will be established in cooperation between the City, NBDTI and the developer. b) No portion of the site shall be developed prior to the preparation of a servicing study reviewing the impacts on the City's water supply and sanitary sewer collection systems prepared by the developer and subject to the approval of Common Council, as a statutory amendment to these conditions. C) No portion of the site shall be developed prior to the preparation of a stormwater management study that details the approach for stormwater management on the development site and reviews the impacts of the development on upstream and downstream areas of the Marsh Creek watershed prepared by the developer and subject to the approval of Common Council, as a statutory amendment to these conditions. d) No portion of the site shall be developed prior to the proponent registering the project with the Provincial Environmental Impact Assessment Process and a Certificate of Determination being issued by the Province. e) No portion of the site shall be developed except in accordance with detailed plans including, but not limited to, a context plan, a site plan, typical building floor plans, typical building elevations, and a landscape plan all of which are to be prepared by the proponent and subject to the approval of Common Council, as a statutory amendment to these conditions. f) Should a significant change be proposed in the project concept plan, an addendum is required to the market study that provides additional analysis of the impacts of the proposed development on the regional retail sector as a whole, and is subject to the approval of Common Council, as a statutory amendment to these conditions. This addendum to the market study will be prepared by the developer. Page 4 of 6 207 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 15, 2016 g) Any upgrades to the existing municipal infrastructure required to service this proposed development will be the developer's responsibility and cost. However, should any cost sharing agreement be proposed between the developer and City, which may involve another level of Government, related to costs associated with infrastructure upgrades, servicing, transportation network improvements or development of the project, that such cost - sharing agreement be subject to the approval of Common Council, as a statutory amendment to these conditions. h) The maximum floor area of a building in the rezoned area is limited to 3000 square metres i) The required studies outlined in conditions a) through f) inclusive shall be completed within 5 years of the date of the Municipal Plan amendment and rezoning coming into effect. Should this not occur, Common Council reserves the right to take steps to immediately repeal the rezoning agreement and the rezoning pursuant to Sections 39(5) and 39(6) of the Community Planning Act and return the land shall return to its previous zone which existed prior to this agreement; and , No portion of the site shall be developed prior to the preparation of a detailed phasing plan that graphically outlines the timeline for completion of the site development, prepared by the developer and is subject to the approval of Common Council, as a statutory amendment to these conditions. Common Council reserves the right to impose additional conditions relating to the timeline for completion of the project phases and the repeal of the rezoning agreement and the rezoning pursuant to Sections 39(5) and 39(6) of the Community Planning Act and the return the of the land to its previous zone which existed prior to this agreement at the time the studies are reviewed as part of the required Section 39 Amendment, and j) In accordance with Section 39(8) of the Community Planning Act, the applicant shall provide a certified cheque in the amount of one thousand dollars ($1,000.00) to cover expenses related to the cancellation of the conditional rezoning agreement and/or repeal of the rezoning in the event that the conditions attached to the rezoning cannot be met, as per policy 1 -5 in the Municipal Plan. The certified cheque shall be repayable on the substantial completion of the development for which the rezoning is granted. This shall be provides by the Developer to the City within 30 days of Third Reading of the 2016 Municipal Plan Amendment and Rezoning. Page 5 of 6 1: Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 15, 2016 SIGNATURES AND CONTACT Prepared by: Vd Mark Reade, P.Eng., MCIP, RPP Senior Planner 209 Approved by: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 6 of 6 pqrjpq [O n7 The City of Saint John Date: To: From: For: SUBJECT Applicant: Owner: March 11, 2016 Planning Advisory Committee Community Planning & Development Growth & Community Development Services Meeting of Tuesday, March 15, 2016 Horizon Management Ltd. Horizon Management Ltd. and Clear View Mobile Homes Ltd. Location: 459, 617 -885 and 540 -900 Ashburn Road and a Parcel of Land Northeast of the One Mile Interchange PID: 00296673, 00357327, 00432203, 00052985, 00053017, 00053025, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, 00418160 and 55189385 Plan Designation: Existing: Park and Natural Areas and Rural Resource (outside of the Primary Development Area); Urban Reserve, Stable Commercial and Commercial Corridor (within the Primary Development Area) Proposed. Commercial Corridor, Stable Residential and Park and Natural Areas (within the Primary Development Area) Existing Zoning: Rural (RU) and Future Development (FD) Proposed Zoning: Corridor Commercial (CC), Mid -Rise Residential (RM) and Park (P) Application Type: Municipal Plan Amendment and Rezoning Page 1 of 33 210 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 11, 2016 Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Monday, April 4, 2016. SUMMARY The applicant is seeking a Municipal Plan Amendment and Rezoning to permit a mixed use development consisting of residential and commercial development and an Eco -Park on lands along Marsh Creek. Although the proposal brings the potential for noteworthy economic benefits for the City of Saint John, further due diligence is required to assess the long term financial risks for the City with respect to future infrastructure requirements. Staff are therefore recommending a two stage development approvals process for the project. This current stage one approval, would provide "approval in principle" for the land use changes, while the second stage would require the necessary due diligence to demonstrate the technical and servicing aspects of the project are able to be satisfied with minimal financial risk to the City. Stage two approval will require that the developer complete the necessary infrastructure and servicing studies through a statutory amendment process to the current application. Among the recommended stage two requirements, the developer will be required to complete the Provincial Environmental Impact Assessment process prior to development along with a requirement that the lands revert back to their existing zoning should the first phase of the development not occur within eight years. In staff's opinion this approach will optimize the benefits of the project and ensure minimal long term risks for the City. RECOMMENDATION That Common Council: Redesignate, on Schedule A of the Plan, parcels of land with an area of approximately 65.4 hectares, located at 459, 617 -885 and 540 -900 Ashburn Road also identified as being PID Nos. 00296673, 00357327, 00432203, 00052985, 00053017, 00053025, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, 00418160; and a parcel of land north east of the One Mile Interchange, also identified as being PID No. 55189385, from Park and Natural Area and Rural Resource Area (outside of the Primary Development Area); Urban Reserve, Stable Area and Employment Area (within the Primary Development Area), to Employment Area, Stable Area and Park and Natural Area (within the Primary Development Area); 2. Redesignate, on Schedule B of the Plan, the same parcels of land, from Park and Natural Areas and Rural Resource (outside of the Primary Development Area); Urban Page 2 of 33 211 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 11, 2016 Reserve, Stable Commercial and Commercial Corridor (within the Primary Development Area) to Commercial Corridor, Stable Residential and Park and Natural Areas (within the Primary Development Area); 3. Designate, on Schedule A of the Plan, the portion of Ashburn Road, between Foster Thurston Drive and Rothesay Road, and the portion of Rothesay Road, from Ashburn Road to Rothesay Avenue, as a Commercial Corridor. 4. Amend the Zoning By -Law by: a) rezoning a parcel of land having an area of approximately 35.3 hectares, located at 459, 540 -900, and 885 Ashburn Road, also identified as PID Nos. 00296673, 00357327, 00432203, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, and 00418160 and a portion of PID No. 00053025, from Rural (RU) and Future Development (FD) to Corridor Commercial (CC). b) rezoning a parcel of land having an area of approximately 12.8 hectares, located at 617 Ashburn Road, also identified as PID Nos. 00052985 and 00053017 and a portion of PID No. 00053025, from Rural (RU) to Mid -Rise Residential (RM). c) rezoning a parcel of land having an area of approximately 17.3 hectares, located north east of the One Mile Interchange, also identified as PID No. 55189385, from Future Development (FD) to Park (P). 5. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 48.1 hectares, located at 459, 540 -900, 617 and 885 Ashburn Road, also identified as PID Nos. 00296673, 00357327, 00432203, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, 00052985, 00053017, 00418160 and 00053025 for a mixed use development and the parcel of land with an area of approximately 17.3 hectares, located north east of the One Mile Interchange, also identified as PID No. 55189385 for an Eco -Park, shall be subject to the following conditions: a) No portion of the site shall be developed prior to the completion of a Traffic Impact Study prepared by the developer and subject to the approval of Common Council, as a statutory amendment to these conditions. The developer will be expected to fulfill the terms of the transportation study according to a scope of work established by NBDTI and the City. b) No portion of the site shall be developed prior to the preparation of a servicing study reviewing the impacts on the City's water supply and sanitary sewer collection systems prepared by the developer and subject to the approval of Common Council, as a statutory amendment to these conditions. c) No portion of the site shall be developed prior to the preparation of a stormwater management study that details the approach for stormwater management on the Page 3 of 33 212 Horizon Management Ltd. Ashburn Road / One Mile Interchange Areas March 11, 2016 development site and reviews the impacts of the development on upstream and downstream areas of the Marsh Creek watershed prepared by the developer and subject to the approval of Common Council, as a statutory amendment to these conditions. d) No portion of the site shall be developed prior to the proponent registering the project with the Provincial Environmental Impact Assessment Process and a Certificate of Determination being issued by the Province. e) No portion of the site small be developed except in accordance with detailed plans including, but not limited to, a context plan, a site plan, typical building floor plans, building elevations, and a landscape plan all of which are to be prepared by the proponent and subject to the approval of Common Council, as a statutory amendment to these conditions. f) No portion of the site shall be developed prior to the preparation of a market study that reviews the location and targeted market of the development and provides additional analysis of the impacts of the proposed development on the regional retail sector as a whole, prepared by the developer and is subject to the approval of Common Council, as a statutory amendment to these conditions. g) That should any cost sharing agreement be proposed between the developer and City, which may involve another level of Government, related to costs associated with infrastructure upgrades, servicing, transportation network improvements or development of the project, that such cost - sharing agreement be subject to the approval of Common Council, as a statutory amendment to these conditions. h) The maximum floor area of a building in the rezoned area is limited to 3000 square metres i) Any upgrades to the existing municipal infrastructure required to service this proposed development will be the developer's responsibility and cost. j) Construction of the Corridor Commercial (CC) and Mid -Rise Residential (RM) areas of the site shall be completed within 8 years of the date of the rezoning coming into effect. Should this not occur, no further development of these areas of the site shall be permitted and Council shall take steps to immediately repeal the rezoning agreement and the rezoning pursuant to Sections 39(5) and 39(6) of the Community Planning Act and the land shall return to its previous zone; and k) In accordance with Section 39(8) of the Community Planning Act, the applicant shall provide a certified cheque in the amount of one thousand dollars ($1,000.00) to cover expenses related to the cancellation of the conditional rezoning agreement and /or repeal of the rezoning in the event that the conditions attached to the rezoning cannot be met, as per policy 1 -5 in the Municipal Plan. The certified cheque shall be repayable on the substantial completion of the development for which the rezoning is granted. This shall be provides by the Developer to the City within 30 days of Third Reading of the 2016 Municipal Plan Amendment and Rezoning. Page 4 of 33 213 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 11, 2016 DECISION HISTORY Past applications of the subject site have involved the imposition of Section 39 conditions on PID 00432203 (Civic 832 Ashburn Road) relating to vegetation removal and hours of operation associated with a commercial woodcutting operation. In addition, portions of PID 00432203 that were formerly zoned "B -2" General Business are subject to Section 39 conditions limiting the use of the site to a seafood take -out and market, requiring standard site improvements and requiring payment of a trunk sewer levy and a security deposit to ensure completion of the required site improvements. Section 39 conditions imposed in 1975 and 2007 also place requirements on the development of PIDs 00357327 and 00296673 located at 885 and 921 Ashburn Road. These conditions require the standard site improvements to be carried out by the developer, limit the materials that can be used on the exterior building elevations and require payment of a trunk sewer levy. ANALYSIS Proposal The applicant is proposing to develop a mixed -use development that would incorporate highway - oriented service and commercial uses, hotels, restaurants, retail and office uses in the main portion of the site (48 hectares) along Ashburn Road. A portion of the development along the north side of Ashburn Road is proposed to include multi -unit residential development. On the opposite side of Route 1, northeast of the One Mile Interchange, a 17.3 hectare parcel is proposed to be developed as an Eco Park which will include walking trails providing an active transportation linkage between the city center with east Saint .John, Rockwood Park and outlying communities in the Kennebecasis Valley. Site and Neighbourhood The portion of the site along Ashburn Road includes 13 parcels of land totalling approximately 48 hectares along both sides of Ashburn Road as shown on Map 1. These lands are vacant, mostly treed and relatively flat with elevations generally ranging between 3 metres and 5 metres. The area proposed for residential development on the northwest side of Ashburn Road is at a higher elevation with elevations of this portion of the site ranging between 4 metres to 60 metres. A tributary of Marsh Creek runs through the portion of the site on the southeast side of Ashburn Road with a Provincially Regulated wetland also located on a portion of these lands. The majority of the lands along Ashburn Road are outside of the Primary Development Area (PDA) and are zoned Rural (RU). A portion of the site, located adjacent to the Rothesay Road 1 Drury Cove Road 1 Ashburn Road intersection is within the PDA and is zoned Future Development (FD). Page 5 of 33 214 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 11, 2016 Existing development in the Ashburn Road area is largely concentrated at either end of Ashburn Road with light industrial, commercial, offices and a repair garage located along Ashburn Road, Fulton Lane and Drury Cove Road on lands zoned Corridor Commercial (CC). Single family residences and a mosque are located further to the north along Rothesay Road and are zoned Neighbourhood Community Facility (CFN) and Two -Unit Residential (R2). The parcel of land northeast of the One Mile Interchange where the Eco Park is proposed is vacant and treed and is bordered on the east by a railyard and to the west by the Route 1 right - of -way and privately held undeveloped lands. Marsh Creek runs through the western portion of the site and elevations generally range between 1 metre and 5 metres. The property is zoned Future Development (FD). Municipal Plan and Rezoning Municipal Plan The amendment to the Municipal Plan that has been requested by the applicant seeks to: • redesignate approximately 14.8 hectares of land from Urban Reserve to Commercial Corridor (these lands are currently within the PDA), • redesignate approximately 13.9 hectares of land from Park and Natural Area (outside of the Primary Development Area) to Commercial Corridor (within the PDA), • redesignate approximately 12.8 hectares of land from Park and Natural Area and Rural Resource (outside of the Primary Development Area) to Stable Residential (within the PDA), • redesignate approximately 17.3 hectares of land from Urban Reserve and Commercial Corridor to Park and Natural Area (these are lands within the PDA that are associated with the Eco - Park). The applicant is requesting the Municipal Plan Amendment to allow for the development of a mix of commercial and residential uses on the lands along Ashburn Road and the development of an Eco Park on the parcel of land north east of the One Mile Interchange. The majority of the subject properties are currently outside of the Primary Development Area. City Staff have been working with the developer through the "pre- application" process since 2014 and have communicated to the developer the need for a solid rationale to be provided as part of the application to amend the Municipal Plan that demonstrates how the relevant Municipal Plan policies are met by the proposed development. During the pre - application process, Staff identified the potential for a phased approach to the development where the developer could seek approvals for portions of the development. This would have built on the fact that a portion of the lands that are the subject of the application are already within the PDA and have "a form of development approval'. However, developer has noted that pursuit of the approvals through a phased site development approach would not provide the necessary certainty with respect to the density to support the infrastructure Page 6 of 33 215 Horizon Management Ltd. Ashburn Road I One Mile Interchange Areas March 11, 2016 upgrades required to accommodate the mixed use development. As a result, the developer has applied for the Municipal Plan Amendment and Rezoning for the entire site. Staff note that limited technical information has been provided by the developer to support the application. For example on past applications for major commercial developments such as the planning approvals for the East Point development and the commercial development at the intersection of University Avenue and Millidge Avenue, developers provided a traffic impact study as part of the application. Staff note that this was requested of the applicant in this instance, along with other technical information, to enable full assessment of the applicable Municipal Plan policies. During the course of the review and assessment of the application, some information has been provided by the applicant and is provided in the Appendix (Submission 3 - Application Background and Supplemental Information from Applicant). This includes a market review of the project. The applicant has indicated that through the Municipal Plan Amendment and rezoning process they are seeking an approval that would provide them the license for further investment in the project which would include the traffic and servicing studies required by City Staff. Staff have reviewed the proposal for conformity with the Municipal Plan policies as detailed in Appendix A. This assessment is summarized below. Primary Development Area and Land Use Designation From information provided by the applicant, the location of the site at the eastern entrance to the City is a key consideration of the project as one of the target markets of the project is the provision of services to the travelling public and commuters who pass by the site on Rothesay Road and NB Route 1. These location -based considerations also include the intent to construct a development that forms a "gateway" to the City. Based on this, the applicant has indicated that this development could not be located at any other location within the City. Staff are of the opinion the applicant's assessment regarding the limited potential for this development to be located elsewhere in the City is valid. There are few areas of vacant land within the City that provide for highway oriented development along Route 1 in close proximity to an existing highway interchange. Much of the lands along Route 1 in the central portion of the City are developed and do not offer direct access to and from Route 1. Aside from this location, the only two areas that would offer the potential for highway oriented development with easy access from Route 1 would be the Spruce Lake Area or Fairville Boulevard, neither of which have a Commercial Corridor land use designation or zoning. While the site may be an appropriate location for the development given its proximity to Route 1 and Rothesay Road, an extension of the Primary Development Area (PDA) boundary to include the majority of the development site is still required. The PDA effectively represents the City's growth and servicing boundary over the horizon of the Municipal Plan and lands within the PDA are intended to accommodate the majority of future growth over the planning period, allowing the City to capitalize on investments made in existing infrastructure. The Plan only contemplates changing the boundaries of the PDA as a result of an application to accommodate large -scale Page 7 of 33 216 Horizon Management Ltd. Ashburn Road / One Mile Interchange Areas March 11, 2016 industrial development. Amendments to the boundary to accommodate residential and commercial developments such as that proposed by the applicant would be integrated with the Municipal Plan reviews conducted at 5 -year intervals. In addition, changes to the Municipal Plan designation of lands, such as that being sought by the applicant, must be consistent with the criteria established in Policy LU -4. Staff note that the lack of information provided by the applicant, especially information relating to the infrastructure and traffic impacts of the development, has not allowed for Staff to fully assess conformity of the proposal with the policies and intent of the Municipal Plan, which speaks to this report's recommendation for various section 39 conditions. Land Use and Environmental Considerations Given that the development is largely removed from existing development, the proposal is not expected to have a negative impact on adjacent neighbourhoods or the quality of life of area residents. The proposed commercial land uses in the development meet the intent of the Commercial Corridor land use designation and zoning. However the proposed designation of approximately 12.8 hectares of land as Stable Residential and associated rezoning for a multi -unit residential development has the potential to undermine the direction established in the Plan of infilling and promoting development in the designated Intensification Areas. From discussions with the applicant, a development density of 12 24 -unit buildings is envisioned for the residential component of the project. These 288 units represent approximately 6% of the projected 5000 additional residential units forecast over the horizon of the Municipal Plan. Environmental impacts are also an important consideration of the project. The project is located along Marsh Creek and one of its tributaries and the site is subject to the City's Flood Risk Area By -law. This By -law governs flood water storage in the Marsh Creek watershed. Preliminary information provided by the applicant indicates that the project will not have a negative effect on flooding in the Marsh Creek watershed and has the potential to increase the amount of flood water storage available in the watershed. A Provincially Regulated wetland is also located on the properties that are the subject of the application and the New Brunswick Department of Environment and Local Government has indicated the project will trigger a registration and determination through the Provincial Environmental Impact Assessment (EIA) process given the size of this wetland. The applicant has indicated that should approval of the Municipal Plan Amendment and rezoning be given, the Provincial EIA registration will proceed and that this approach is preferred as the municipal planning approvals will provide greater certainty for the investment in the EIA process. In addition, the developer has indicated that a study of storm water management and flood plain will also be undertaken by the developer following the municipal planning approvals and the developer is in agreement with having this requirement formalized through a Section 39 condition attached to the rezoning. Staff are in agreement with this approach and would also recommend that registration of the project with the Provincial EIA process also be the subject of a Section 39 condition. Page 8 of 33 217 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 11, 2016 Infrastructure Considerations Infrastructure capacity and the ability of other city services such as transit to be readily provided to the site are key considerations in evaluating a request to amend the Municipal Plan. Portions of the proposed development would require an extension of services beyond the boundary of the PDA. Specific considerations relating to municipal infrastructure are summarized below. Water Supply — Water capacity and fire flow requirements for the development must be verified by the developer's engineering consultant and submitted to the City for review and approval. This includes the expected average and peak water consumption flows (domestic and fire) from this proposed development at full build -out and confirmation that there is enough capacity to support this proposed development. The developer has provided preliminary information that water servicing is available to support the development based on reduced demands from Kennebecasis Park, but this will need to be verified. a, Sanitary Sewer- Peak sanitary flows from the development at full build -out and assessment that existing sanitary sewers and wastewater pumping stations are capable of receiving this flow must be verified by the developer's engineering consultant and submitted to the City for review and approval. Staff note the existing sanitary lift station at Drury Cove was designed to accommodate the Drury Cove residential subdivision and would not be able to support this development proposal. A detailed analysis and design is required by the developer's engineering consultant to determine what upgrades at the station and any associated piping would be necessary. Wastewater infrastructure installed to service the Drury Cove development is also subject to a development charge (lot levy) payable at the time subdivision plans are approved. The proposed development would therefore need to ensure adequate capacity to accommodate the development beyond what is required to support the Drury Cove build -out. Stormwater Management - A detailed storm water drainage plan and design report, indicating how storm water will be managed for the full build -out of the development, must be provided by the developer's engineering consultant. In addition, the Marsh Creek Watershed must be analyzed by the developer's engineering consultant to determine the impacts this proposed development (phased and full build -out) will have on the existing watershed. Staff note the proposed Eco -Park provides the potential for additional compensatory storage associated with the Flood Risk area. Traffic 1 Transportation — No information has been provided by the applicant regarding the transportation impacts of the development. Staff note the proposed development may have significant impact on traffic flow that would add to existing heavy traffic flow between the Highway 1 and the Kennebecasis Valley and the UNBIRegional Hospital primary development area. An in depth traffic study must be completed by the developer's traffic engineering consultant to assess impacts and recommend possible Page 9 of 33 218 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 11, 2016 solutions if warranted and possible. The development will require upgrading of Ashburn Road to a full suburban standard and probable intersection improvements off -site. Staff note the Province is currently reviewing the function of Route 1 and future access requirements along the corridor between the Kennebecasis Valley and Foster Thurston Drive and it is expected this study would provide input nto the Traffic Impact Study required from the applicant. The applicant has indicated they understand the need to carry out further studies to determine the extent and timing of infrastructure and transportation improvements related to this proposed development. As is the case with the Provincial EIA, the municipal planning approvals will provide greater certainty for the investment in required infrastructure and transportation impact studies and this requirement can be formalized through a Section 39 condition placed on the rezoning which requires a subsequent Transportation Impact study, among other section 39 conditions, during the stage two approvals process. Financial Considerations The Municipal Plan also considers the financial implications of new development, specifically the City's ability to absorb any costs related to the increased services required by the development and costs associated with infrastructure to service new developments. Consistent with the approach taken in other jurisdictions, it is City policy as outlined in Policy MS -3 of the Municipal Plan that infrastructure costs to service new developments or costs associated with upgrading existing infrastructure to support new development be bome by the developer. This is a fair approach that ensures infrastructure costs are supported by the party receiving the direct benefit of the new infrastructure or infrastructure improvements. Costs associated with ongoing services such as water and wastewater and fire protection are recouped by the municipality through ongoing utility fees and annual taxation. As a follow up to the application, the applicant has provided additional information relating to the financial aspects of the development, noting that the development has the potential to increase the City's tax base by millions of dollars with an annual estimated increase of between $2.5 and $3 million to the City of Saint John's property tax revenue. The development would also present the opportunity for increased permanent and construction employment and provide building permit revenues and annual utility fees. Staff have reviewed the information provided by the developer and estimate that the development has the potential to increase the City's tax base by between $75 to $ 80 million when fully constructed which corresponds to an annual increase in property tax revenues of between $1.8 and $2.1 million. Based on a preliminary review of the development using a fiscal review model developed over the course of the Municipal Plan project, City staff estimate that when expenditures attributable to the City operating budget are considered the development will have a net positive impact of approximately $750,000 on the City's operating budget when fully constructed. Page 10 of 33 219 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 11, 2018 While the project presents a financial opportunity, it also presents financial risk in that information traditionally expected from the developer at the application stage, such as a traffic study, have yet to be completed. As a result, costs associated with infrastructure upgrades to service the development are currently not known and will not be known until the required studies are completed. Preliminary estimates by the City indicate that the infrastructure costs required to support the project could be in excess of $20 million dollars. Given this, should the project be approved, Staff recommend conditions be placed on the approval of the rezoning that require the necessary studies be completed at the developer's expense and that any costs associated with infrastructure upgrades be the responsibility of the developer. This approach would protect the City from any risk associated with having to contribute to the cost of infrastructure upgrades, which would reduce the positive impact the project would have on the City's operating costs. For example a cost contribution of $ 5 million from the City for infrastructure upgrades could reduce the net annual positive impact from $750,000 to $ 250,000 over the period of time the City's contribution is financed. The return on any investment on the project will be long -term, anticipated over decades. Should, following completion of the required studies and costing, the developer propose a cost sharing agreement during the second stage approvals process, a key consideration for the City would be the return on investment and assurances that development proceeds to financially support any upfront investment. It is critical that this discussion occur in a transparent public process and the costs and benefits be evaluated carefully to protect the City's long term financial interests. To protect the City's financial interest this report proposes a phased approval process. Approval of the Municipal Plan Amendment and rezoning are subject to Section 39 conditions requiring the developer to complete the necessary studies and complete the required environmental approvals to advance the project. This approach allows potential risks to the City to be managed as no development can occur until the servicing and infrastructure implications of the development are known along with the associated financial implications. Staff note this is a unique proposal given the project's location and target market and potential environmental offsets provided through development of the Eco -Park. In addition, the developer has indicated a commitment to a high standard of urban design in the project which builds on their approach taken on past projects within the City. Possible Alternative Recommendation Staff also note that portions of the site along Ashburn Road are within the Primary Development area and as a result have a certain degree of development potential. Although these areas would still require a Municipal Plan Amendment from Urban Reserve to Commercial Corridor and associated rezoning, the Planning Advisory Committee and Common Council could consider a phased approach whereby only lands that were currently within the PDA would be approved for development. This approach was discussed with the applicant, but they have indicated it would not provide the necessary level of certainty as the entire extent of the project Page 11 of 33 220 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 11, 2016 would not receive the Municipal Plan Amendment and rezoning. As a result, this alternative approach is not favoured by the applicant. Rezoning The application also involves a rezoning of: • 35.3 hectares of land from Rural (RU) and Future Development (FD) to Corridor Commercial (CC) along Ashburn Road, • 12.8 hectares of land from Rural (RU) to Mid -Rise Residential (RM) along Ashburn Road, and • 17.3 hectares of land from Future Development (FD) to Park (P) north east of the One Mile Interchange. The proposed rezoning to Corridor Commercial (CC) would allow for the development of the proposed commercial uses which are anticipated to include retail, restaurants, hotels, vehicle repair, and service stations. These proposed land uses fall within the intent of the Commercial Corridor designation of the Municipal Plan and are permitted uses within the Corridor Commercial (CC) zone. Staff note that the zone limits the floor area of an office use to a maximum of 3,000 square metres however the individual building floor areas proposed by the applicant have are below this threshold. This approach taken by the applicant also mitigates concerns from Staff related to the impact on the Uptown office market. Staff recommend a limit be placed on the floor areas of the individual buildings to ensure that the intent of the Commercial Corridor designation and zoning is maintained and to limit the potential for larger format retailers to choose this location over the Regional Retail Centres. A maximum floor area of 3000 square metres is recommended to be imposed as a Section 39 condition to achieve this objective. Staff note that the applicant provided a market review, attached in the appendices to the report, outlining that the intent of the project is not to compete with typical larger format retail developments found in the Regional Retail Centres established in the City. The location of the project along Route 1, Ashburn Road and Rothesay Road, key commuter routes to the Kennebecasis Valley, provides an opportunity for the development to capitalize on the home -to -work travel patterns of residents of the outlying communities and recapture retail market leakage from surrounding suburban communities. The developer has provided a market review which highlights the location of the site adjacent to the highway and the role of the site in enabling commercial development that has a highway oriented market. Staff recommend that a Section 39 condition be imposed that requires the developer to prepare a market study which reviews the location and targeted market of the development and provides additional analysis of the impacts of the proposed development on the regional retail sector as a whole. An area of residential development is proposed along the northwest side of Ashburn Road that is proposed to include 12 buildings. From discussions with the applicant these buildings would be up to 24 units each with a maximum height of 4 stories. This development meets the intent of Page 12 of 33 221 Horizon Management Ltd. Ashburn Road / One Mile Interchange Areas March 11, 2016 the Mid -Rise Residential (RM) zone and also meets the allowable maximum building height of 14 metres. The proposed Eco -Park northeast of the One Mile interchange would be rezoned to Park (P) if the application is approved. The proposed uses of walking trails and stormwater management ponds are permitted uses under Section 9.19 of the Zoning By -law. Section 39 Conditions The Community Planning Act and Municipal Plan provide for conditions to be imposed on the development. In this case staff are recommending a two- staged approval process; with stage one to include an "approval in principle" of the required land use changes to provide certainty allowing for investment in the next stages of the development of the project. While the project presents opportunities to the City through the potential for increased tourism, additional employment, residential and commercial development, environmental enhancement, active transportation infrastructure and increased tax revenues it also presents financial risks associated with the potential for infrastructure upgrades to be funded by the municipality. Steps traditionally expected from the developer that would provide insight into the level of infrastructure upgrades and servicing extensions required have yet to be completed by the developer. In the absence of this information, it would be inappropriate in Staffs view, to provide unconditional approval for the project to proceed to development. Therefore Staff recommend that the necessary Municipal Plan designation and zoning be put in place as part of a stage one approval, but that the proponent be required to submit the required servicing studies and additional information to the City for approval of Common Council by amendment to the Section 39 conditions as part of a stage two approval. Amendment of Section 39 conditions invokes a public process which includes review by the Planning Advisory Committee as well as an advertised public hearing at Common Council. This approach was taken with other major projects including the Peel Plaza Parking Garage and Coast Guard Site development where approval in principle was given to the development by PAC and Common Council, with the requirement to bring the more detailed proposal through the Public Process. Section 39 conditions are recommended to require the following: • Traffic Impact Study - No portion of the site shall be developed prior to the completion of a Traffic Impact Study prepared by the developer and subject to the approval of Common Council, as a statutory amendment to the Section 39 conditions. • Site Servicing Study - No portion of the site shall be developed prior to the preparation of a servicing study reviewing the impacts on the City's water supply and sanitary sewer collection systems prepared by the developer and subject to the approval of Common Council, as a statutory amendment to the Section 39 conditions. • Stormwater Management Study - No portion of the site shall be developed prior to the preparation of a stormwater management study that details the approach for stormwater Page 13 of 33 222 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 11, 2016 management on the development site and reviews the impacts of the development on upstream and downstream areas of the Marsh Creek watershed prepared by the developer and subject to the approval of Common Council, as a statutory amendment to the Section 39 conditions. • EIA Registration - No portion of the site shall be developed prior to the proponent registering the project with the Provincial Environmental Impact Assessment Process and a Certificate of Determination issued by the Province. Detailed Development Plans - No portion of the site shall be developed except in accordance with detailed plans including, but not limited to, a context plan, a site plan, typical building floor plans, building elevations, and a landscape plan all of which are to be prepared by the proponent and subject to the approval of Common Council, as a statutory amendment to these conditions. In addition to the above conditions Staff recommend that a condition be imposed on the rezoning limiting the maximum floor area of an individual building in the development to 3000 square metres to ensure the project complements existing designated commercial centres. To prevent speculative planning approvals, the Community Planning Act and Municipal Plan also provide a provision for the zoning sought via a rezoning process to revert back to the zoning that previously existed at the time of application if the first phase of the development is not completed within a set amount of time from the date the rezoning comes into effect. In the case of the Municipal Plan this timeframe if 5 years, however given the required studies that are to be completed by the developer, staff recommend that this condition be imposed on the rezoning but with an 8 year time limit. Conclusion The applicant is seeking to amend the Municipal Plan and rezone the subject site to allow for a mixed use development. To optimize the benefits of the project and ensure the proponent undertakes adequate due diligence to minimize the financial risks for the City, Staff recommend a two stage development approvals process. Staff recommend approval of the Municipal Plan amendment and rezoning as part of stage one approval subject to extensive conditions on the rezoning that require the developer to complete the necessary studies and obtain City approval of these studies through a statutory amendment to the conditions as part of a stage two approval. This approach will protect the City's interest and minimize its risk exposure while providing a means of achieving the opportunities presented by the development. ALTERNATIVES AND OTHER CONSIDERATIONS As an alternative to the approach recommended by Staff, the Planning Advisory Committee and Common Council could consider approving a Municipal Plan Amendment and Rezoning for a portion of the proposed commercial development that is currently within the Primary Development Area and lands associated with the Eco Park as follows: Page 14 of 33 223 Horizon Management Ltd. Ashbum Road / One Mile Interchange Areas March 11, 2016 Municipal Plan Amendment • Approve the request to redesignate 11.3 hectares of land from Urban Reserve to Commercial Corridor • Approve request to redesignate 17.3 hectares of land from Urban Reserve and Commercial Corridor to Park and Natural Area Rezoning • Approve the rezoning of 11.3 hectares of land from Future Development (FD) to Corridor Commercial (CC) • Approve rezoning of 17.3 hectares of land from Future Development (FD) to Park (P) (Eco park Lands) The rezoning would be subject to the same Section 39 conditions outlined in the recommendation. This approach was discussed with the applicant and they are not in favour of the alternative approach. ENGAGEMENT Proponent The proponent held an Open House at their project office in the East Point Development on Tuesday March 8 and Wednesday March 9, 2016 from 4 p.m. to 7 p.m. These open houses were advertised in the Telegraph - Journal on March 8, 2016. Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on February 29, 2016. The Public Presentation for the Municipal Plan Amendment was advertised in the Telegraph - Journal on December 31, 2015 with the public hearing for the rezoning was advertised in the Telegraph - Journal on March 10, 2016. A second advertisement for the Public Hearing will appear on March 29, 2016. SIGNATURES AND CONTACT Prepared by: V4 Mark Reade , P.Eng., MCIP. RPP Senior Planner Approved by: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 15 of 33 224 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 11, 2016 Contact: Mark Reade Phone: 506.674.4238 E -mail: mark.reade @saintjohn.ca Project: 15 -267 225 Page 16 of 33 Horizon Management Ltd. Ashburn Road 1 One Mile Interchange Areas March 11, 2016 APPENDIX Appendix A: Municipal Plan Policy Review Map 1: Site Location Maps 2A and 213: Municipal Plan Map 3A and 313: Zoning Map 4A and 413: Aerial Photography Map 5A and 513: Site Topography Map 6: Development Constraints Map 7: Site Photography Submission 1: Site Plan Submission 2: Floor Areas Submission 3: Application Background and Supplemental Information from Applicant Page 17 of 33 226 Appendix A — Municipal Plan Policy Review Municipal Plan Policy Policy LU -4 Not consider changing the designation of lands on the Future Land Use map (Schedule B) through a Municipal Plan amendment, unless the proposal: a) Is consistent with the general intent of the Municipal Plan and further advances the City Structure; b) is necessary by virtue of a lack of supply of quality land already designated in the Municipal Plan to accommodate the development; c) Enhances the community and the quality of life offered to residents of the City; d) Efficiently uses available infrastructure; e) Does not negatively impact the use and enjoyment of adjacent lands and neighbourhoods; f) Is an appropriate use within the land use designation being sought for the property, and the proposal is consistent with the specific policies regulating development in the designation; and g) Adequately addresses and mitigates any significant environmental impacts. Staff Assessment This policy is partially met, however significant questions remain with respect to the ability of the infrastructure in the area to support the proposed development. A specific evaluation of the criteria presented in Policy LU -4 is provided below: a) While limited information is provided relating to the associated infrastructure requirements of the development, the applicant has provided a market review that outlines the target market for the development and provides an overview of how the development will appeal to this target market The project provides an opportunity to create a high quality mixed - use project at an important gateway to the City that targets a commercial market which has limited potential to be targeted at other locations in the City. To mitigate the potential for the development to attract investment away from designated commercial and intensification areas limitations are proposed on the floor area of commercial and retail uses in the development. b) Staff consider this criteria to be partially met with respect to the highway oriented service uses. Along Route 1 through the City, limited areas exist that could support uses which are focused on serving the travelling Public along Route 1 with land uses such as service stations and quick service restaurants. A market review prepared on behalf of the developer supports this market approach. 227 Staff have reviewed vacant developable and vacant sites with a sufficient size do not exist along the Rothesay Avenue Commercial Corridor or the Fairville Boulevard Regional Retail Centre. There are two areas in the McAllister Regional retail centre that are vacant: Appendix A — Municipal Plan Policy Review • corner of Rothesay Avenue and McAllister Drive (16 hectares) • lands between commerce Drive and McAllister Drive (27 hectares). Staff note these sites are also impacted by the Flood Risk Area or Provincially Regulated Wetlands and do not have the highway exposure offered by this site. c) This criteria is partially met. Justification has been provided for this based on the potential extension of the Marsh Creek Trail and the associated development of an Eco -Park. No information is provided regarding the impact of the development on upstream or downstream flooding associated with stormwater management. Staff have recommended a condition to ensure this matter is addressed in the second stage of the project approval. d) This criteria is not met. While infrastructure is available, this infrastructure may not have sufficient capacity. Based on a cursory review by City Staff, only water capacity may exist. Sanitary sewer capacity was developed by the City specifically for the development at Drury Cove with costs being recovered through a lot levy charged to that development. Traffic impacts have not been assessed. Infrastructure upgrades may be required to support the development. Conditions are proposed to ensure that the required studies are completed during the stage two approval. e) While there is not a large amount of residential development in close proximity to the site no information has been provided regarding impacts of the development on adjacent neighbourhoods. Conditions are proposed to ensure that the required studies are completed during the stage two approval. 228 Appendix A — Municipal Plan Policy Review 229 f) At a high level, the proposal appears to be consistent with the land use policies of the Commercial Corridor designation. This criteria is not met. The project as proposed will require an EIA registration given impacts on wetland area as the wetland is greater than 2 hectares. An option for developer is to pursue a phased approach with a Municipal Plan Amendment and rezoning of the wetland area at a later date following completion of the Environmental Impact Assessment process or a requirement can be imposed that requires the completion of the Environmental Impact Assessment to allow for development to proceed. Policy LU -6 Intend that the PDA form the The market review notes the target market growth boundary of the City. Lands within involves highway - oriented commercial uses and the PDA are the priority areas for an analysis by Staff confirms that there is limited accommodating future growth over the vacant land available in the City that offer the planning period, to capitalize on investments made in existing infrastructure. necessary location and exposure to accommodate this market. Recommended conditions require the developer to provide the Policy LU -8 Not permit development serviced with municipal water and necessary environmental, infrastructure and wastewater services beyond the transportation assessments and that the boundaries of the PDA without first developer will bear full responsibility for all costs changing the boundaries of the PDA related to the project. which will require an amendment to the Future Land Use map (Schedule B). No information is provided with the application by the developer regarding available infrastructure capacity. While water capacity may exist given that Kennebecasis Park is now supplied from Rothesay, this must be quantified by the developer. No information is provided regarding available wastewater capacity or traffic impacts to support the development. Conditions are proposed to ensure that the required studies are completed during the stage two approval. 229 Appendix A — Municipal Plan Policy Review Policy LU -9 Consider amending the boundaries of the Primary Development Area boundary when: a) A comprehensive review of the Municipal Plan has taken place, as outlined in the Implementation Chapter of the Municipal Plan. b) Notwithstanding (a) above, an amendment to the Future Land Use map (Schedule B) may be considered outside of the comprehensive review period as a result of an application to accommodate an unanticipated large -scale industrial development. In such cases, the PDA should not be expanded unless the industrial development is consistent with Policy LU -75 of the Municipal Plan. Policy LU -83 Create the Commercial Corridor land use designation on the Future Land Use map (Schedule B) to identify lands that are predominantly intended to be developed for automobile- oriented service and commercial uses, generally excluding large- format retail uses. Institutional and community facilities and some compatible light industrial uses are also appropriate land uses in this designation, however, new residential uses and major professional offices will generally not be permitted. The Municipal Plan only supports the expansion of the PDA as part of the 5 year review process or as part of an application for an unanticipated large -scale industrial development. The Plan is not generally supportive of an expansion of the PDA outside of these instances. However Staff note the unique nature of the project in that it is a mixed -use development with a commercial component that seeks to meet a highway - oriented market that is not currently being served in Saint John, and has the potential to provide significant economic benefits. Conditions are recommended on the rezoning to limit the risk exposure of the City and require the developer to provide information to support the extension of the PDA prior to future approvals. Another option for developer is to wait for the upcoming Municipal Plan Review The developer has provided the following breakdown regarding of the total floor areas in the development: Highway Service 7395 sq.m. (79,600 sq.ft) Food & Lodging 7190 sq.m. (77,400 sq.ft) Convenience & 7580 sq.m. (81,575 Specialty Retail sq.ft.) Office 12,605 sq.m. (135,680 sq.ft.) Retail 6090 sq.m. (65,580 sq.ft.) Residential 32,110 sq.m. (345,600 sq.ft) Staff note the Corridor Commercial (CC) zoning has a cap of 3000 sq.m. of office area within a building. The range of proposed land uses meets both the intent of the Commercial Corridor land use designation and zoning with the exception of 230 Appendix A — Municipal Plan Policy Review 231 the residential component for which the applicant has requested a residential land use designation and zoning. Policy LU -85 Consider the expansion of Ashburn Road is designated as a local street on Commercial Corridors or the addition of the City's roadway hierarchy. This will trigger a new Commercial Corridors in accordance change in the roadway classification of Ashburn with the following criteria: Road. No information has been provided by the proponent as to the traffic volumes or a) The Commercial Corridor is transportation impacts that would result from the focused on a collector or development. arterial street in the City's transportation system as The change in role in Ashburn Road has the identified on the Transportation Potential to strengthen the linkages between the map (Schedule C); and UNBSJ 1 Hospital Primary Centre, the Rothesay b) Council is of the view that the Avenue Commercial Corridor and other areas of Commercial Corridor the City. provides a major linkage between a Primary Centre, Employment Area and/or an Intensification Area and is a logical location for the land uses deemed appropriate in this designation. Policy LU -88 Ensure that significant new The proposed residential portion of the development and redevelopment in areas development is located beyond the existing designated Stable Residential shall serviced area and would require an extension of generally be permitted only through a services beyond the boundary of the PDA. While rezoning process where compliance is the proposal presents the potential for this demonstrated with the following residential development to detract from Municipal requirements: Plan goal of directing new growth toward targeted intensification areas, the combination of both a) The proposed land use is residential and commercial development in the desirable and contributes proposal meets the Municipal Plan intent of positively to the neighbourhood; creating walkable mixed us neighbourhoods. b) The proposal is compatible with surrounding land uses; c) The development is in a location where all necessary water and wastewater services, parks and recreation services, schools, public transit and other community facilities and protective services can readily and adequately be provided; 231 Appendix A — Municipal Plan Policy Review d) Site design features that address such matters as safe access, buffering and landscaping, site grading and stormwater management are incorporated; e) A high quality exterior building design is provided that is consistent with the Urban Design Principles in the Municipal Plan; and f) The proposal is on a property identified as a Corridor on the City Structure map (Schedule A) or does not detract from the City's intention to direct the majority of new residential development to the Primary Centres, Local Centres, and Intensification Areas. Policy NE -22 Enhance natural areas within While the application proposes the development the City by: I of an Eco -Park on lands north -east of the One a) Protecting and limiting development in environmentally sensitive areas including significant habitat areas, open spaces and areas with rich biodiversity; b) Minimizing the fragmentation of significant natural areas by limiting development in rural areas and linking natural areas, wherever possible, to maintain wildlife habitat and natural corridors; c) Working with the Government of New Brunswick and other agencies to encourage sustainable forest management practices on Crown Land and private woodlots; and d) Carefully analyzing and mitigating the impacts of resource uses on adjacent Mile Interchange which, as noted by the applicant, would provide the opportunity for integration with the Marsh Creek trail network being proposed by the Atlantic Coastal Action Program (ACAP), no detail is provided regarding the ultimate development of these lands. Staff also note that the Provincial Department of Environment and Local Government has indicated the project will trigger a Provincial Environmental Impact Assessment given the size of the wetland impacted along Ashburn Road. 232 Appendix A — Municipal Plan Policy Review natural areas when considering development applications. Policy NE -28 Where possible seeks to harmonize the environmental impact assessment process and the City's land use planning processes for development projects. Policy NE -34 Protect and enhance the natural flood storage capacity of flood plains by: a) Supporting the Marsh Creek Restoration Initiative as proposed by the Atlantic Coastal Action Program (ACAP) and the restoration of other key wetland systems in the City; b) Limiting development in flood plains and exploring options for safeguarding, flood proofing or relocating existing development in flood plains; and c) Exploring options for floodplain zoning and working with the Government of New Brunswick to develop flood proofing standards. Policy NE -35 Improve the natural stormwater storage capacity of watercourses and wetlands in urban and suburban areas on a comprehensive watershed basis in accordance with the City's Storm Drainage Design Criteria Manual and by: a) Restricting development in natural and rural areas; b) Utilizing `low impact development' techniques for on- site stormwater management While the proposed Eco -Park supports the direction of the Marsh Creek Restoration Initiative, the project is within the City's Flood Risk Area. Additional information is required detailing the timing and extent of work associated with the provision of or improvements to compensatory flood storage and overall impacts on the Marsh Creek watershed. A condition is proposed to ensure that the required studies are completed during the stage two approval. 233 Appendix A — Municipal Plan Policy Review wherever possible and encouraging innovative stormwater management methods such as green roofs, permeable surfaces, and rainwater collection; c) Designing stormwater management facilities as local amenities by locating them adjacent to parks, open spaces, or greenways and permitting public access where appropriate; and d) Increasing public awareness and engagement regarding stormwater management practices and site design. Policy TM -4 Consider the following transportation matters when evaluating new development proposals: a) A street hierarchy should be identified and designed to accommodate traffic within the development and provide connections to adjacent areas; b) The capacity of adjacent streets should be sufficient to accommodate the forecasted traffic generated by the new development; c) Vehicular access points to arterial and collector streets should be minimized where possible by encouraging shared access driveways, appropriately controlling access from corner lots, or other appropriate measures; d) The street layout should be designed to facilitate effective transit system operations; No information has been provided by the applicant regarding estimated traffic impacts, required roadway upgrades or requirements and accommodations for active transportation and transit infrastructure. A traffic impact study is required by both the City and the New Brunswick Department of Transportation and Infrastructure (NBDTI) outlining the estimated traffic generated by the development and its impacts on roadway and intersection operations along with any required improvements to transportation infrastructure to support the development. Any infrastructure upgrades that are required to support the development are at the Developer's responsibility. In addition, the role of Ashburn Road will change with the development from its current designation as a local street to a collector street. Policy TM- 37of the Municipal Plan does not support the construction of new arterial or collector streets outside of the PDA. Within the boundaries of the PDA, new arterial or collector streets that facilitate development or enhance the existing 234 Appendix A — Municipal Plan Policy Review e) Amenities such as benches and shelters should be provided along transit routes; f) Pathway connections between streets should be provided in locations where the safety and convenience of pedestrians can be enhanced; g) Active transportation infrastructure should be encouraged to support alternative modes of travel within the development; h) The design of residential streets should provide a safe, convenient and livable environment for residents, motorists and pedestrians; and i) Pedestrian connectivity and circulation to public sidewalks and between adjoining neighbourhoods should be encouraged. Policy TM -5 Ensure developers contribute to the cost of on and off site transportation improvements made necessary as a direct result of a development proposal. Policy TM -13 Acquire linear active transportation infrastructures as part of the Dedication of Land for Public Purposes in new development through provisions in the Subdivision Bylaw. Council shall also work with developers to establish new connections and off -site upgrades necessary to connect new development to the City's existing active transportation network. transportation network can be supported. 235 Appendix A — Municipal Plan Policy Review Policy TM -30 Establish the hierarchy of streets in the City, as identified in the Transportation map (Schedule C), to meet the community's road transportation needs over the planning period and adopt the following classification hierarchy for streets in the City: a) Local Streets: A road which provides direct access to individual properties. Local roads are designed to carry low traffic volumes for short distances and normally connect to other local roads and collector streets. b) Collector Streets: A road which provides land access and traffic movement with equal importance. Collector roads typically carry traffic between local and arterial streets. c) Arterial Streets: A road whose function is the movement of large volumes of all types of vehicular traffic at medium to high speeds. Arterials typically connect with collector streets, other arterial streets, and freeways. The amount of direct access to adjacent development is limited on arterial streets. d) Freeways: A road which accommodates high volumes of all types of vehicular traffic at high speeds and under free flowing conditions. Access to adjacent land is not permitted on freeways. Policy TM -37 Consider constructing new Arterial Streets or Collector Streets in the Primary Development Area only where such streets will facilitate development or enhance the existing transportation system. 236 Appendix A — Municipal Plan Policy Review Policy TM -18 Support the development of Additional information is required detailing the the Marsh Line Trail through community timing and extent of the development of the and stakeholder partnerships as set out in active transportation connections within the the Marsh Creek Restoration Initiative, commercial and residential development areas proposed by the Atlantic Coastal Action well as the Eco -Park. Program (ACAP). Information provided to the City indicates that the project will incorporate lands owned by the developer along Marsh Creek as part of the project. Additional information should be provided with the application, detailing the timing and extent of this work. Policy MS -2 Discourage infrastructure No quantitative business case has been provided expansions unless a sound business case to support the expansion to the PDA. Staff are that benefits both the City and the recommending conditions to ensure that the developer is provided, or it can be clearly developer is responsible for all costs associated demonstrated there is no existing with the infrastructure required for development infrastructure to accommodate the use, and of the site to minimize risks to the City. that the use is deemed to be in the interest of the overall community. Policy MS -3 Generally require that onsite Consistent with City policy, any on -site and off - and offsite infrastructure costs associated site infrastructure upgrades will be the with new subdivisions and development be Developer's responsibility and cost, except where the responsibility of the developer. further agreements are approved by Council. Policy MS -19 Require developers to contribute toward the cost of upgrading wastewater infrastructure in order to accommodate proposed developments. Policy MS -4 Require the developer to The existing lift station serving the area is subject confirm there is adequate capacity in to a lot levy and was constructed to provide municipal infrastructure to accommodate capacity to an earlier development, not the the proposed development. broader area of the development. Policy MS -20 Make the approval of new A traffic impact study is required by both the City development contingent upon available and NBDTI outlining the estimated traffic reserve capacity in the City's wastewater generated by the development and its impacts on collection system and treatment facilities. roadway and intersection operations along with any required improvements to transportation infrastructure to support the development. Any infrastructure- upgrades that are required to support the development are at the Developer's 237 Appendix A — Municipal Plan Policy Review Policy MS -29 Require that stormwater impacts are considered when development is reviewed and approved and techniques such as `low impact design' and natural stormwater management approaches are used where appropriate. Policy MS -34 Require developers to assume the cost of any necessary surface runoff remediation initiatives to ensure that the impact of stormwater generation on natural drainage courses, abutting properties and infrastructure is minimized. Policy 1 -2 In considering amendments to the Zoning Bylaw or the imposition of terms and conditions, in addition to all other criteria set out in the various policies of the Municipal Plan, have regard for the following: a) The proposal is in conformity with the goals, policies and intent of the Municipal Plan and the requirements of all City bylaws; b) The proposal is not premature or inappropriate by reason of: L Financial inability of the City to absorb costs related to development and ensure efficient delivery of services, as determined through Policy 1 -7 and 1 -8; ii. The adequacy of central wastewater or water services and storm drainage measures; iii. Adequacy or proximity of responsibility. Preliminary information has been provided regarding the stormwater impacts on adjacent watercourses and the Marsh Creek watershed located downstream of the development. However, no information has been provided relating to the design of the on -site stormwater management infrastructure. This will be required at the planning stage to demonstrate how the downstream impacts will be mitigated, i.e. flooding in Drury Cove Consistent with City policy, generally any on -site and off -site infrastructure upgrades will be the Developer's responsibility and cost, except where further agreements are approved by Council. To achieve the intent of this policy, given the information that has yet to be provided relating to servicing and transportation impacts, conditions are recommended to be placed on the rezoning requiring the developer to submit additional information to assess infrastructure and traffic impacts. This information will provide a better understanding of the required infrastructure upgrades and associated costs that are required to support the development. Having this information will limit the City's exposure to financial risk relating to the any required infrastructure upgrades from the project. 238 Appendix A — Municipal Plan Policy Review school, recreation or other community facilities; iv. Adequacy of road networks leading to or adjacent to the development; and V. Potential for negative impacts to designated heritage buildings or areas. c) Appropriate controls are placed on any proposed development where necessary to reduce any conflict with adjacent land uses by reason of: L Type of use; ii. Height, bulk or appearance and lot coverage of any proposed building; iii. Traffic generation, vehicular, pedestrian, bicycle or transit access to and from the site; iv. Parking; V. Open storage; A. Signs; and vii. Any other relevant matter of urban planning. d) The proposed site is suitable in terms of steepness of grade, soil and geological conditions, locations of watercourses, wetlands and susceptibility of flooding as well as any other relevant environmental consideration; e) The proposal satisfies the terms and conditions of Policy 1 -5 related to timeframes and phasing of development; and f) The proposal meets all necessary public health and safety considerations. Policy 1 -5 (Council may) Establish No phasing and construction timeline of the timeframes on the phasing and/or development has been provided by the applicant completion of development where it is to demonstrate how the development will be determined that an application to rezone constructed to meet market demand. A condition 239 Appendix A — Municipal Plan Policy Review land is speculative in nature. In this case, Council may require that the rezoning be subject to a Development Agreement which may include provisions including, but not limited to the following: a) That, in addition to any other securities or bonds Council considers appropriate under section 39(8) of the New Brunswick Community Planning Act, the applicant provide a certified cheque in the amount of $1000 to cover expenses relating to the cancellation of the agreement and/or repeal of the rezoning. The $1000 security shall be repayable on completion of the development for which the rezoning is granted; b) Should construction of the development (or in the case of a phased development, the first phase of the development) not be completed within five (5) years from the date the rezoning comes into effect; L No further development shall be permitted; ii. Council shall immediately take steps to cancel the agreement and repeal the rezoning pursuant to section 39(5) and 39(6) of the New Brunswick Community Planning Act; c) That upon repeal of the rezoning pursuant to section 39(5) and 39(6) of the New Brunswick Community Planning Act, the land to which the agreement pertains shall revert to its last previous zoning designation. Policy 1 -6 (Council may) Choose not to consider applications to rezone land for is proposed that requires the first phase of the development be completed no later than 8 years from the date the stage 1 approval comes into force. This provides time for the developer to complete the required studies as part of the stage 2 approval. 240 Appendix A — Municipal Plan Policy Review development where Council deems that the development cannot reasonably be completed within ten (10) years of the coming into force of the rezoning. Policy 1 -7 Have regard for the fiscal Based on information provided by the applicant, implications of all planning applications that the overall development will exceed the 5000 require Council approval. square metre threshold in floor area. Policy 1 -8 (Council may) Require a The applicant has indicated the annual property comprehensive fiscal analysis to be tax revenue by between $ 2.5 and $ 3 million. undertaken by a qualified professional at The development would also present the the developer's expense to assess the opportunity for increased permanent and fiscal impacts of major development construction employment and provide building projects as part of its considerations of I permit revenues and annual utility fees planning applications. For the purposes of Policy 1 -8, major development is defined as development proposals comprising a minimum of 50 residential housing units or more than 5000 square metres of new non- residential building space or where any of the following conditions apply: a) The potential fiscal impact deficit is likely to be greater than 0.5% of the City's total tax levy as determined by the City; b) The total value of additional assessment resulting from the development exceeds $40 million; or c) The proposal poses a major challenge to the directions or goals of the City's Municipal Plan. Policy 1 -9 When considering the fiscal impact analysis referenced in Policy 1 -8, ensure that it addresses the following: An assessment of service costs including transportation and public transit, water, wastewater, stormwater, police, and fire services; a) The impact on operating and capital budgets, and the financial implications related to the impact on Staff estimate that the development has the potential to increase the City's annual property tax revenues of between $1.8 and $2.1 million. When expenditures attributable to the City operating budget are considered, the development will have a net positive impact of approximately $750,000 on the City's operating budget when fully constructed. 241 Appendix A — Municipal Plan Policy Review the tax levy and utility rates; b) The ability of the development to financially and technically provide for the required servicing infrastructure in order to allow the development to proceed in a timely manner; and c) A qualitative assessment of other impacts and risks that might arise from the development. 242 Qp w PELTON vp n r EN G Gp1A _ Ito 1-11jw 1LL OR Rockwood Oy R�p� c9 Park x R ALPINE d'J SCOT =S N \JBEF� MOUNTAIN RD LYNN AV �.� ohm 40 7 A� a t^± 40. S 1• � - ' The City of Saint John 07 ��'" ?"`��; "s► Date: December -23 -15 «s Horizon Management Ltd. - Ashburn Road 1 One Mile In +- Thange Various Properties 0 650 m Park ands Natural Area Park arid Natural. Park and, $R pp I'VA Y A I/ LU AND CO ND Sr ODD ir " I The City of Saint John IV NIMIN a, d Use pw Lan Date: December -24-15 Horizon Management Lid. - Ashburn Road I One Mile InN change Various Properties 250m Park and Natural Area IS% sy Rackwa6d Aso P .I ik Urbar- il�cavj Vhdustr "ark and ? Afaivral Park and i4atural Area 0 � CD te-swe 'Y 0 Ca 1__,' Mae, ajor`cOl iII it y 4:0 radustrivi (P Pit, I a vvjft- 21c, L 141. t - ., re. L a n irk 1 14 Us � e The City of Saint John Date: December-24-15 Horizon Management Ltd. -Ashburn Road / One Mile InIjEchange Various Properties 0 250 m L— ----------- i C CG CG R2 "ICS RU R2 RU w4 F/ CC RU 1K r aW o RP i RU f i : /' /�� // PURDY DR /', RU RU R2 R2 ' R2 R2 2 RU % t FD RGJ R1 R2 �V . '' } R2 CL R1 1112 R2 R2 BELGIAN RD CG R1 I R2 RL j, 22 CC C R7 R2 CIS. (BROADWq R1' RZ . R2 716 *R1 — R7 Ri R2 r' wALT R ST R2 R1 .:, R2 . R2 41 R2 5. f CCr A 00 42 i RL !' .. O _ .1 R1 R2 RU I r v .. RM RL S 1L I Fi , CG a CC R2 RIL R2 RM R2 O R7 Z RM r . 1L �C . R2 42 cc R2 R2 'R2 R2 (CBP) Business Park Commercial (FD) Future Development (R1) One -Unit Residential (RU) Rural (CC) Corridor Commercial (IH) Heavy Industrial (R2) Two -Unit Residential (RR) Rural Residential (CFN) Neighbourhood Community Facility (IL) Light Industrial (RL) Low -Rise Residential (CG) General Commercial (P) Park (RM) Mid -Rise Residential (CL) Local Commercial (PQ) Pit & Quarry (RP) Mini -Home Park Residential Section 39 Conditions 3 Zoning The City of Saint John da Date: December-24-15 Horizon Management Ltd. - Ashburn Road 1 One Mile l %%rchange Various Properties 0 200 m / • �i . i • Q; o x Zi /� oCl N, RL R R2� RIL RM aRL ' RL,;RL V RM `Cc R R2 R2., R2_CC R1 R2 R2 (CC) Corridor Commercial (I11) Heavy Industrial (RL) Low -Rise Residential (CG) General Commercial (P) Park (RM) Mid -Rise Residential (CL) Local Commercial (R1) One -Unit Residential (RP) Mini -Home Paris Residential (CR) Regional Commercial (R2) Two -Unit Residential (T) Transportation (FD) Future Development (RH) High -Rise Residential (US) Utility Service O� o� �y Section 39 Conditions �+ 0) ` t-. I : „ The City of Saint John � "`�� ' t Date: December -24 -15 Horizon Management Ltd. - Ashburn Road 1 One Mile I� rchange Various Properties 0 150 m 05. a f'r-Ropi A.A - Aerial. Pholkblographv Horizon Management Ltd. - Ashburn Road I One Mile lntNg:hange Various Properties �. 4 > - 0 - L I W. car or City of Saint John Date: December-24-15 0 225 m • +tis i.. IF 44 ; .� rin I.y •r �, , • +tis i.. IF kTk +- � ARM * The City f Saint John Y +" 9 >A ..! ys- , I �t Date: December -24 -15 Horizon Management Ltd. - Ashb_!rn Rood / One Mile Interchange Various properties ® � ?gym .� rin I.y •r �, , kTk +- � ARM * The City f Saint John Y +" 9 >A ..! ys- , I �t Date: December -24 -15 Horizon Management Ltd. - Ashb_!rn Rood / One Mile Interchange Various properties ® � ?gym 4-- 7-� jo GLEN RD WN > 'Z 0'. iloL '41 LAND T TIM S -r IIP r The City of Saint John p rp. T&IR W!r5- 11 L a o p o 9 r a h Date: December-24-15 Horizon Management Ltd. Ashburn Road 1 One Mile I�Wchange Various Properties 0 275m 9 'r .--4 W 44 IF Xx OF 0 t _ UMeth Ax Kell, ' T,. The City of Saint John a "� ' �� '' ^ r - Date. December -24 -15 Horizon Management ! td. - Ashburn Road 1 One Mile 19At ?rchange Various Properties 01 _?�� F iProvincially Regulated Wetlands - 30m Buffer Floodway —A Provincially Regulated Wetlands Floodplain "J tv C) or G�RRy DR GLEN J co > 0 C-) ROAD ca VVAY AV O :0 Z HOLLAND TODD ST IPA TIM S Heritage Conservation Areas wt W.. ""I a VC"onstraints 4*k RVI M TA %OiF W fo3 ! co p m e n t Horizon Management Ltd. - Ashburn Road I One Mile Intp-pp-hange Various Properties The City of Saint John Date: January-04-16 0 200 rn '-SHER Q Part/ UN sJ d g r �0. I,, s� r Provincially Regulated Wetlands - 30m Buffer Floodway J1 Provincially Regulated Wetlands Floodplain w ,t !fir 'is Horizon Management Ltd. -Ashburn Road 1 One Mile In�tSchange Various Properties QJ� .r' rr / 4� or or 0 Pte' F The City of Saint John C112 Date: January-04 -16 0 200 m View of the site looking southwest along Ashburn Road Vire of site looking towards Rothesay Road at Ashburn Road. View of the site looking west from Ashburn Road towards Raute I View of the site looking northeast along Ashburn Road RIf ,% The City of Saint John • Date: March -1016 Horizon Management Ltd. - Ashburn Road l One Mile !njq� change Various Properties I +, ,-B, I The Crossingm 0201a 40m 80m 160m 1:2000 ''''''1 -' �--' • M'+ Wnplsn- deagn"m Concept Site Planning - December 16, 2015 255 Saint John, New Brunswick, Canada ,.. —Al . e� A.. . :0 Ashburn Road Development - Model Buildings Food & Hospitality ;o Casual Restaurant G story Estimated Resulting Casual Restaurant 1 story 5,000 GF Area Floor Area 1 story 4,700 (Sq. Ft.) (Sq. Ft.) Highway Service ➢ Restaurant - Fine Dining 1 story 12,900 Truck Service Center 1 story 1,500 3,000 r Service Station /Rest Stop 1 story 17,000 ;o,� v Service Garage 1 story 5,700 Restaurant / Clubhouse y Visitor Center 1 story 9,900 48,900 77,400 Convenience Store 1 story 3,100 ➢ Convenience Store 1 story 4,300 Convenience Store 1 story 3,900 Convenience Store 1 story 3,900 v Small Shops 1 story 8,800 Small Shops 1 story 21,500 Sub- totals 79,600 79,600 Food & Hospitality ;o Casual Restaurant G story 4,500 v Casual Restaurant 1 story 5,000 v Casual Restaurant 1 story 4,700 Casual Restaurant 1 story 5,100 ➢ Restaurant - Fine Dining 1 story 12,900 v Hotel 4 story 3,000 i> Hotel 4 story 3,000 ;o,� Hotel 4 story 3,500 i> Restaurant / Clubhouse 1 story 7.200 Sub - totals 48,900 77,400 Convenience & Specialty Retail v Retail Shops 1 story 3,875 v Retail Shops 1 story 11,800 y Retail Shops 1 story 8,000 Retail Shops 1 story 14,000 ➢ Retailer 1 story 11,800 v Retail Shops 1 story 14,000 i> Small Shops 1 story 7,300 i' Small Shops 1 story 5,000 i> Small Shops 1 story 5.800 Sub- totals 81,575 81,575 256 Retail / Business & Commercial r Retail / Office Above 2 story 7,500 r Retail / Office Above 2 story 7,500 Retail / Office Above 2 story 5,900 r Retail / Office Above 2 story 9,700 Y Retail / Office Above 2 story 9,700 Retail / Office Above 2 story 5,900 Y Retail / Office Above 2 story 9,690 y Retail / Office Above 2 story 9,690 Sub -total Office 65,580 Office Sub - totals ➢ 65,580 Retail Sub- totals 3,250 65,580 Business & Commercial �o Office 1 story 7,500 A, Office 1 story 7,500 y Small Office 1 story 5,100 ➢ Office 1 story 16,100 5- Office 1 story 6,700 v Office 2 story 3,250 v Office 2 story 3,550 ➢ Office 2 story 3,250 > Office 2 story 3.550 Y Sub - totals 4 story 56,500 70,100 Commercial Sub -total Multi Family 332,155 439,835 Residential r Multi Family 4 story 7,200 v Multi Family 4 story 7,200 v Multi Family 4 story 7,200 Multi Family 4 story 7,200 Multi Family 4 story 7,200 v Multi Family 4 story 7,200 v Multi Family 4 story 7,200 Multi Family 4 story 7,200 ➢ Multi Family 4 story 7,200 Y Multi Family 4 story 7,200 Multi Family 4 story 7,200 io Multi Family 4 story 7,200 Sub - totals 86,400 345,600 Grand totals 418,555 785,435 257 Horizon Management Ltd. Municipal Plan and Zoning By -law Amendment Application Attachment "A-4" Dec 18, 2015 1. Ashburn Road Development — "The Crossing" Horizon Management Ltd. has assembled a number of properties In East Saint John and is considering a development project to be known as "The Crossing". This proposed development presents the City of Saint John with an exciting opportunity to benefit from a very unique commercial, retail, recreational and mixed use destination node offering facilities and services not currently available or contemplated for this region. The scope and quality of The Crossing development would be like no other destination in Atlantic Canada. Amendments to the City's Municipal Plan and rezoning of the properties would provide the developer with the license to invest in the next steps of the project. A key part of these next steps would be putting together the framework for a Developers Agreement with the City. This agreement would outline the specific relevant issues related to the development and establish responsibility for addressing these items that would then, and only then, permit this project to proceed to the design and construction phases. The concept of The Crossing could not be executed on any other site available within the city limits. The development of the 120 -acre parcel of land adjacent to Ashburn Road would be integrated with another 60 -acre parcel of land running along Marsh Creek that would be available to create an eco -park environment. The combined development of these two properties would be designed to create a "gathering place for community, commerce and tourism to shop, work, reside and play". Located on the only available, highly visible and easily accessible highway site near the center of the city, the project would capitalize on its natural setting to attract residents, business and tourists to gather to work, live and play. Constructed to high architectural standards, with the East Point Shopping development being the benchmark, The Crossing would take a new approach to creating a mixed use site for community, commerce, hospitality and tourism, presenting opportunities for the development of services and attractions not presently available in our community. The location of this site next to major highways and city thoroughfares is paramount to the construction of this development project. 1 258 The Ashburn Road location adjacent to a major provincial highway and several city traffic arteries presents a unique opportunity to our city for this development. The Crossing would create a gateway destination that would both Increase the range of services available, as well as foster greater use of existing services within the city by residents, businesses and visitors. The parallel development of a Marsh Creek Eco -Park would open up additional green space in which area residents and visitors could enjoy the regions natural beauty and would expand the active transportation links in our area. The economic impact on the city would be very beneficial with a very significant Increase in property tax revenue combined with the creation of hundreds of jobs. The developer has already Invested significant resources and money in preparing independent technical reports determining that: A Water and sewer infrastructure required for the project would capitalize on the underutilized water line formerly used to service Kennebecasis park in Rothesay and existing capacity in the sewage system constructed by the City for the Drury Cove development. D Flood plain, storm water management and environmental requirements for the site are addressed with the availability of the nearby 60 -acre Marsh Creek property to provide flood plain and wetlands compensation. ➢ Transportation infrastructure improvements will be required and a planned traffic study will identify both the specific details and timing of needed upgrades to traffic control and roadways adjacent to the development. This traffic study will be undertaken subsequent to the rezoning of the property. 2. Business Case—for the City and the Developer The primary functions for The Crossing development are predicated on its central, visible and accessible location to service Greater Saint John and the entire Atlantic region. The Crossing is ideally situated to be used by traffic accessing and exiting Saint John. Equally as important is the ability to easily direct traffic to any destination in the Greater Saint John area from this site. Development of this highway centric site within the city will provide the opportunity to capitalize on the similar types of development seen in other centers and that does not currently exist here in Saint John. The Crossing development will create a destination unrivaled in size and visibility in Atlantic Canada. The establishment of a host of new businesses and services to the community would generate both direct and indirect employment positions. Considerable jobs would be N 259 created at stores and services established at the site and there would be considerable spinoff benefits to other businesses in the city benei•itting from increased visitor traffic to the area. Significant new property tax revenue will be generated from the proposed 180 -acre development. The proposed construction of some 500,000 square feet of new mixed use buildings would result in millions of dollars being added to the City's property tax base resulting in very significant new revenue stream for the city. The location of the site, proximity of existing city services and the concentrated nature of the project will result in low incremental capital and operational costs to service this development while producing significantly new revenue for the City. 3. The Location The concept of The Crossing could not be executed in any other site available within the city limits. This development offers the unique opportunity to create an important density of infrastructure that does not exist in Greater Saint John and which is required to sustain the range of services to be offered at the site. The location of The Crossing will also serve to secure Saint John as the gateway entry point for visitors travelling into Atlantic Canada from the northeastern United States. Currently Saint John is to often seen as a "drive by, not a drive in" location. The Crossing would help to change this perception by providing a visible and convenient exit point from the highway to attract travellers to stop, learn about and visit our city. The Crossing development will be positioned to capture tourist and commuter traffic before they reach other service centers like those located in the Kennebecasis Valley, Salisbury and Moncton. This site has the ability to create a very attractive visual environment to enhance Saint John's image and to encourage people to discover and explore all that our city has to offer. 4. The Marsh Creek Eco -Park The creation of a sixty -acre park running along the shores of the newly rejuvenated Marsh Creek would open up a totally new nature experience for residents and visitors and provide a vital link for ACAP's proposed walking trail linking the city center with east Saint John, Rockwood Park and outlying communities in the Kennebecasis Valley. �3 260 5. Plan SJ The proposed development of The Crossing along with the Marsh Creek Eco -Park aligns well with many of the stated objectives contained in the City's recently published municipal plan, Plan SJ. The proximity of The Crossing site to existing city streets and services capable of meeting the requirements of the development will result in minimal new city infrastructure requirements to service this project. A report completed by Crandall Engineering describes the water and sewage services available in this area. The Crossing development will result in a substantial investment for the east side of the city and will incorporate services and features that will beneficially impact surrounding neighborhoods including the city core. Creating a gateway location to draw traffic off the highway will encourage travellers to visit many of our City's great attractions including those situated inn the city center. Providing incentives and attractions for city residents, businesses, bedroom community commuters and visitors to our region to spend more time and disposable income within the City of Saint John will result in significant direct and spinoff benefits to our city. Both The Crossing and the Marsh Creek Tyco -Park will make a significant contribution to the natural environment of our community. The Crossing project will open up access to Little Marsh Creek as it winds through this commercial and community development. The Marsh Creek Eco -Park will open up access to what has been for years a hidden gem of nature in our own backyard. A walking trail along the newly cleaned up Marsh Creek waterway will provide Saint John residents with a unique natural setting to enjoy without leaving the city and will also serve as a key link connecting the City with the Kennebecasis Valley. The Crossing development and the Marsh Creek Eco -Park will create important links in the regions goal of connecting the City center with outlying areas with an active transportation link. The combined Crossing development and the Marsh Creek Eco -Park will present the opportunity for a walking/biking trail that would provide an important segment of ACAP's proposed link in East Saint John as well as between the city center and the Kennebecasis Valley. The Crossing project has the capability to provide a wide range of community amenities, similarly found in other communities, and on a bigger and better scale. This will enhance Saint John as a desirable location in which to live, discover and explore as well as make a significant economic contribution to the city. Services and attractions not currently available to the city, ranging from highway services to improved access to our natural areas, will contribute to making our-city amore attractive destination for residents and visitors alike. The construction of new buildings and facilities will add significantly to the tax base providing additional revenue to support the city's budget needs. 4 261 6. The Development The range of services that would be appropriate for The Crossing would attract community and specialty lifestyle mixed use services and shops, highway services, hotel courtyard, food services, tourism and welcome center, business park, outdoor market and events venue, entertainment and a residential component. The location of the development would encourage both residents and suburban commuters to utilize and enjoy services within the City of Saint John, provide businesses that desire easy highway access and visibility an ideal city location and would present tourists with a convenient gateway to our region which does not exist today. The development of The Crossing would be a large step towards establishing Saint John as a "Drive In" rather than a "Drive Through" city. The architecture of The Crossing would follow a southern colonial style theme to create a unique and welcoming atmosphere for both area residents and visitors to our area. The layout of the site would be integrated with little Marsh Creek that runs through the property. The creek would form a focal point for the development and the natural theme of the development would compliment the Marsh Creek Eco -Park with its walking trails and natural setting. 7. Site Technical Issues A number of engineering and technical studies have already been completed to assess the suitability of the proposed site for development. Site Services - Crandall Engineering ltd. was retained to review the site services requirements including sanitary sewers, potable water and storm water. Their conclusions are summarized as follows: ➢ The existing water main feeding Drury Cove is a 200 mm (8 inch) pipe that is in turn fed by a 300 mm (12 inch) pipe on Rothesay Road. Crandall's are of the opinion that this line would be sufficient to provide domestic water flows and fire protection to the proposed development. ➢ The city has an existing sewage lift station located on Drury Cove Road that transfers sewage through a 150 mm (6 inch) force main. Preliminary estimates indicate that this station piping has additional capacity. Additional study is required to determine what upgrades would be required to handle the expected flows from the proposed development. 5 262 Storm Water Management & Flood Plain - Terrain Group Inc., subsequently Genivar and now WSP Canada Inc., completed a Hydrology and Hydraulic Report for the proposed site and makes an important observation: `The results obtained from the stormwater models indicate that development of The Crossing will not have a negative effect on flooding in the Marsh Creek watershed." The terrain Group report estimates that the development of the Ashburn Road site would eliminate approximately 17,000 cubic meters of flood storage. The report identifies the capability to create up to 400,000 cubic meters of compensatory storage on the Marsh Creek property, which is being proposed as an integral part of this development. The report also identifies the possibility of creating an additional 125,000 cubic meters of flood plain storage on city lands located on the opposite side of Marsh Creek from this former CN Rail property. Only a small portion of these lands would need to be utilized to provide sufficient flood plain compensation for the proposed development. The Terrain Group report concludes that: "The development of The Crossing has no negative impact on flooding in the Marsh Creek watershed whether the storage is constructed or not.' Geotechnical - Fundy Engineering and Consulting Ltd. was retained to carry out geotechnical work at the site to determine development requirements required for the site. 8. Environmental Stantec Consulting Ltd. prepared a report, "Ashburn Road Properties — Environmental, Constraints ", outlining the environmental issues related to developing the Ashburn Road property. The developer is full aware of the environmental approvals required to develop the proposed site, including the likelihood of a provincial EIA Report, and will seek these approvals once the necessary municipal plan amendments and rezoning approvals have been received. A permit for Watercourse and Wetland Alteration (WAWA) has been Issued by the Province to allow the installation of culverts to facilitate work on the property. To date the culverts have not been installed and no work has been started on the property. 6 263 9. Site Plan & Architectural Renderings The attached proposed site plan and architectural renderings clearly illustrate the attractiveness and quality that will dominate this development and create what will certainly be considered an "Atlantic Canada first " destination site here within the City of Saint John. 7 264 wwwJnpUCO- The Crossing Osan` � - 4 Concept Site Planning - December 16. �1b 265 Sant John, New Bntmwich, Canaft i a 266 267 269 Ashburn Road Development Information Requirements - Mark Reade Planning Department Staff: 1. Traffic Impact Study - Based on the preliminary review the scope of the study must include the following, we also note additional discussion with City and DTI staff is required to develop the scope of work for the study: • Access to /from Highway 1 via Rothesay Avenue and Foster Thurston interchanges • Operations at the following roadway intersections: ❑Ashburn Road/ Rothesay Road intersection E]tothesay Avenue/ Rothesay Road intersection []Ashburn Road /Drury Cove Road • This assessment will include existing traffic operations, background traffic operations without the proposed development and traffic operations with the development. Transportation network improvements, if required, (e.g. roadway widening, signalization must be identified in the study. • Active transportation access to the development including: ❑Sidewalks and bicycle lanes on Ashburn Road and Rothesay Road OPedestrian crosswalks on Drury Cove Road and Ashburn Road • Internal traffic circulation (vehicle, active transportation and transit) within the development • Transit Service for the Development We fully understand the need to carry out a Traffic Impact Study and would expect this to be part of the Section 39 provisions The province is currently carrying out its own traffic study on Highway land while they have consulted us as part of this study they have not requested a separate study from us We believe the results of the province's study will be ofgreat value as input to our planned site specificstudy. 2. Will the proposed streets in the development be Private Streets or Public Streets? It is intended that the streets within the development would be private 3. Impacts of the wastewater flows from the development on the Drury Cove lift station must be assessed by the developer to determine the required upgrades at the station and any associated piping. Development that services this lift station is subject to a lot levy payable at the time of development. A study of wastewater handling requirements will be carried out as part of the engineering design of the development, expect this to be part of the Section 39 provisions 4. An analysis of the impacts of the development on the Marsh Creek Watershed. It is anticipated that this issue would be addressed as part of the Storm Water Management Plan that will have to be developed for the site, including the beneficial uses that can be incorporated into the 60 -acre parcel of land adjacent to the Marsh Creek itself. We would expect this issue to be one of the requirements of the anticipated 270 Section 39 conditions. 5. Consistent with City policy any required infrastructure upgrades or servicing extensions to support the development will be the developer's cost and responsibility. This would include the following: • Improvements to Ashburn Road such as roadway widening, storm sewer, curb and sidewalk • Improvements to Drury Cove Road such as roadway widening, storm sewer, curb and sidewalk • Upgrades to off -site infrastructure to support the development such as roadway intersections, lift stations or servicing extensions • The construction of any new Public or Private Streets to service the development Further study is required to determine the extent and timing of infrastructure improvements related to this proposed development. The Developer expects that these issues will be thoroughly discussed and addressed in the reaching of a Developers Agreement with the City. 6. Flood Risk Area Impacts including: • How will the development impact the flood risk areas through the elimination of any existing compensatory storage on the lands proposed for development? • If existing compensatory storage is being eliminated, how will this be replaced? • If additional compensatory storage is required, how will this be provided? • what volume of compensatory storage does the developer intend to provide on the Marsh Creek Parcel? • Impacts on flooding in the larger Study Area along Rothesay Avenue / McAllister Drive? The developer is well aware of the requirements and issues surrounding the flood plain area - preliminary engineering studies have identified an abundance of capacity for flood plain compensation. A full study of storm water management and flood plain issues would expect this to be part of the Section 39 provisions 7. When does the proponent plan on filing the EIA Registration for the portion of the site that is subject to the requirement for a Provincial EIA? The developer has had a study completed by Stan tec Engineering to identify the environmental requirements that will be a part of the development" Any requirements established by the province will be included in the steps taken subsequent to receiving the re- zoning approval B. No quantitative business case has been provided to support the expansion to the PDA. Additional information is required outlining why this magnitude of development is required at this location and what infrastructure is required to support the development Information is also required regarding why the development cannot be accommodated at other locations in the City that have the appropriate Municipal Plan designation and zoning. 271 The developer has presented and submitted a variety of information that details the concept of this development, the benefits (both financial and social) that it would bring to the city and the reasons why this highway centric development has to be located on this site. To paraphrase from our re- zoning application "The concept of The Crossing could not be executed at any other site available within the City limits" 9. How much municipal tax revenue will the proposed development generate on an annual basis? The developer has recently submitted additional information outlining the typical mix and size of buildings that this development could see constructed to facilitate the City calculating potential tax revenues. 10. What is the anticipated phasing and construction timelines for the development? Once the rezoning of the property is completed the developer will commence the process for meeting the provincial requirements. The developer will also undertake the various engineering and other studies required to define the detailed design for the project and to address the various elements contained in the anticipated Section 39 agreement, including traffic stu dies, site services and stormwater management It is anticipated that this work will take18 to 36 months to complete. Once full site approval has been received discussions with prospective tenants will take place and construction work would follow in phases. 11. Who will develop the proposed trails in the Eco -Park and what is the timeline for their development? The developer has had ongoing discussions with the City and ACAP regarding active transportation opportunities and would anticipate continuing these discussions to determine how and when these trails could be developed in cooperation with the overall plan for the community. 12. The information submitted with the application notes a trail will be developed through the commercial development site, however this is not shown on the site plan. Where will this trail be located? The possibility exists to have a portion of the Trans Canada Trail through the development site. The trail path through the development will most likely align with the Little Marsh Creek waterway and its exact location will be part: of the overall site layout that will of course be subject to environmental and other considerations and 272 constraints. 13. Staff also note that the following issues were also identified requiring discussions with external agencies: f Maritimes and North East Pipeline - A major natural gas pipeline is located on a portion of the Eco -Park property. • Hell Aliant - a major fibre -optic cable is located on the development site and an extension of telecommunication infrastructure is required to support the development. City Staff recommend these issues be discussed with the appropriate agencies early in the development planning process. The development of the site will have to respect existing infrastructure and easements Comments from Service Areas / External Agencies Infrastructure Development / Traffic Engineer 1. Municipal water and sanitary sewer are available for connection on Ashburn Road near the intersection with Drury Cove Road. All grades must be verified by the applicants engineering consultant. Any required extension of services is the full responsibility and cost of the applicant. The applicant's / developer's engineering consultant must submit detailed engineered drawings and an engineering design brief to the City for review and approval for any proposed service extensions. 2. Water capacity and fire flow requirements must be verified by the applicant's / developer's engineering consultant and included with the detailed drawing submission. The City must have from the applicant's / developer's engineering consultant what the expected average and peak water consumption flows (domestic and fire) from this proposed development at full build -out and confirmation that there is enough capacity to support this proposed development. Any upgrades to the existing municipal infrastructure required to service this proposed development will be the applicant's / developer's responsibility and cost. 3. The applicant's / developer's engineering consultant must provide the peak sanitary flows from this development at full build -out and ensure that the existing sanitary sewers and wastewater pumping stations are capable of receiving this flow. Confirmation that this proposal does not exceed the current capacity of the existing systems, including wastewater pumping stations, must be submitted to the City for review and approval. Any upgrades to the existing municipal infrastructure required to service this proposed development will be the applicant's / developer's responsibility and cost. 4. The existing sanitary lift station at Drury Cove was designed to accommodate the Drury Cove residential subdivision. This existing Lift Station as is would not be able to support this development proposal. A detailed analysis and design is required by the applicant's / developer's engineering consultant to determine what upgrades at the station and any associated piping would be necessary by the developer. 273 5. There is no dedicated municipal storm system in the area. The applicant's / developer's engineering consultant must provide a detailed storm water drainage plan and design report indicating how storm water collection and disposal will be handled for the full build -out. If any infrastructure improvements are required to service this proposed development, it will be the applicant's / developer's responsibility and cost to complete. 6. The Marsh Creek Watershed must be analyzed by the developer's engineering consultant to determine the impacts this proposed development (phased and full build- out) will have on the existing watershed. Additionally, any required work or improvements necessary as a result of this proposed development will be the applicant's /developer's responsibility and cost. 7. Detailed engineering drawings (water, sanitary, storm, and street) must be submitted by the applicant's / developer's engineering consultant to the City for review and approval. 8. The parcel identified by PID 55003222 appears to have been partially excavated to provide compensatory storage. Any development in this area must account for the compensatory storage requirement 9. This area appears to be within the designated Flood Risk area. Any proposed development in the area must meet the requirements of the Flood Risk Area By -law. 10. The proposed development may have significant impact on traffic flow that would add to existing heavy traffic flow to /from the Kennebecasis Valley (via Rothesay Road), to /from Highway 1 and to /from the UNB /Regional Hospital primary development area. An in depth traffic study must be completed by the applicant's / developer's traffic engineering consultant to assess impacts and recommend solutions if warranted and possible. The traffic study should consider the following items: • Overall access to /from Highway 1 in the area already faces challenges. The interchange at the end of Foster Thurston Drive only provides access from and to Highway 1 westbound traffic. Queuing occurs near the train bridge overpass at the Rothesay Avenue interchange. • Functioning of the Ashburn Road/ Rothesay Road intersection - are traffic signals warranted with the proposed development and existing /growing background traffic? • Functioning of the Ashburn Road/ Foster Thurston Drive intersection -are traffic signals warranted with the proposed development and existing /growing background traffic? • Functioning of the Rothesay Avenue /Rothesay Road intersection - are traffic signals or a roundabout warranted with the proposed development and existing /growing background traffic? Note a roundabout was envisioned at this intersection in the past. • Ashburn Road and Rothesay Road near the proposed development provides no active transportation facilities (sidewalks nor bike lanes) • Functioning of the Ashburn Road /Drury Cove Road intersection. This intersection is not heavily used but presents some geometric challenges such as location on a curve of Ashburn Road. Better permanent delineation of the limits of the travelled portion of Drury Cove Road at Ashburn Road should be explored. • Note both Rothesay Road and Highway 1 are under Provincial authority and therefore access to them or work in proximity to them will require Provincial input. 11. The applicant / developer is responsible for obtaining all necessary permits and approvals. All of these observations and comments will be considered as more detailed plans and the Developers Agreement are developed 274 Other Traffic Comments 1. No pedestrian crossings of Ashburn Road are shown on the Site Plan. With portions of the development being planned for both sides of this road, pedestrian crossing warrants should be completed and associated infrastructure planned for if required. 2. The Trans Canada Trail through Saint John will connect from the eastern end of Rockwood Park at Ashburn Road to Rothesay Road. Currently, the intention is to have the Trail on Ashburn Road. The 'Background Information" suggests a trail through this development. I do see on the attached Site Plan a trail included on the lands I assume will become the Eco- Park but it does not appear to extend into the retail portion of the development such that a continuous trail by- passing Ashburn Road would be achieved. Is this the case or will the Trans Canada Trail need to become re- established on Ashburn Road beyond the Eco -Park? The developer is very interested in integrating the Trans Canada Trail and other active transportation links in to the development and welcomes the opportunity to move these discussions along. GIS 1. This development would require multiple street names. We can discuss this at a later stage of development. Saint John Transit 1. Saint John Transit offers no service in the Ashburn Road area. We do have service on Rothesay Ave near the secondary location, but I believe that proposed site is on the other side of the railway tracks. The developer was instrumental in coordinating bus service to the East point Shopping site and would be similarly interested in doing the same for this development. Inspection and Technical Services 1. All but one of the 13 properties listed below lies entirely or partially in the flood risk area. Some of the properties are also in the floodway of Marsh and Ashburn Creek and the Flood Risk Areas By -law prevents a building or structure being placed, relocated, structurally altered or replaced or landfill activity within certain set boundaries of the creek(s), with each boundary dependent on the location. The development is a concern because there is potential that flood waters could be displaced as a result of the development and at least 12 of the 13 properties falls subject to requirements of the Flood Risk Areas By -law. 2. Further to this concern, the applicant's submitted document titled Background Information identifies (on page 6) that the Terrain Group has a report that estimates 17,000 cubic metres 275 of flood storage will be eliminated as a result of the development of the Ashburn Road site. In that same report it also states that there is capacity to create 400,000 cubic metres of compensatory storage on the Marsh Creek Property and an additional 125,000 on the opposite side of the creek (which is identified in the report as on city property). As there is no other information attached, it seems that these properties need to be further identified (by means of PIDs) and more information should be submitted so that we can determine the potential impact on the flood risk areas of the city. I am also concerned because the proponent has identified the 125,000 cubic metres of potential compensatory storage to help support the development, yet it is on someone else's property. Perhaps there are discussions at a different level that I am not in tune with. The 125,000 cubic meters on City lands is surplus to the needs of this development and was merely mentioned to identify opportunities unrelated to the Ashburn Road development site 3. The background report also mentions (page 6) that Fundy Engineering was hired for geotechnical work and I believe that this report would also be of benefit to read as the area is a marsh. There may be requirements for certain foundations due to the nature of the soil, along with a potentially high water table in the area. If not already done so this information can be supplied to the City - it should be noted that while portions of the property are designated provincial wetlands the area in its entirety is not considered to be a marsh as referred to in your question. Fire Department 1. The Saint John Fire Department has no objections to this Municipal Plan Amendment and Rezoning a s proposed in this application. Maritimes and Northeast Pipeline / Brunswick Pipeline 1. They have noted the Brunswick Pipeline is Iocated on a portion of the "Eco -Park parcel." New Brunswick Department of Environment and Local Government 1. The proposed project would require an EIA registration and review prior to proceeding. The department would be happy to meet with the project proponent to discuss registration requirements. Also, important to advise City of Saint John would be a key member of the EIA TRC in reviewing the EIA registration. 2. Any hydrology /wetland concerns would be addressed during an EIA review. 3. There are extensive wetlands in the area of the proposed re- zoning (both mapped and unmapped) as well as small watercourses. If this rezoning was approved and the project was carried out, there would be extensive changes to the hydrology of the area (both surface water and ground water) given that the majority of the development would consist of 276 impermeable surfaces. New Brunswick Department of Transportation and Infrastructure As stated earlier the developer has had a study completed by Stantec Engineering to Identify the environmental issues that will need to be addressed as part of the development Filing of an EIA application will be one of the steps taken subsequent to receiving the re- zoning approval 4. This project may be partially on lands owned by the NB Highway Authority. Do not believe this is the case but it can be checked, however in any event the development would only be constructed on property owned by the developer. S. This project may conflict with future upgrading of Route 100 interchange and "six - laning" of Route 1. The future geometry for Route 100 interchange is undetermined. The developer is prepared to discuss the coordination of theses projects and has already met with a representative of Exp Engineering regarding the current traffic study underway on the Route 1 highway 6. The project appears to be located in wetlands and /or other lands prone to flooding. 7. A Traffic Impact Study will be required 8. The 4 buildings at the western end of the project conflict with concept drawings for a future "Ashburn Lake Road Interchange" Refer to comment under 5 above Bell Aliant 1. Bell Aliant does have some concerns as we have a buried TRANS CANADA FIBER along the Highway that will need to be located, and if any building is around or near the fiber special steps must be taken and if the cable is required to be relocated, then it will be at the cost of the developer. Also we would like to know a rough idea of much Business and Residential requirement will be needed to provide service to the area (For Planning Stages) 277 Ashburn Road Benefits Development of The Crossing, a mixed -use, highway centric project, will result in both direct financial benefits to the Coty of Saint John and indirect socio- economic benefits to the community. Financial Benefits 1. Property Tax Base - Significant new property tax revenue will be generated from the proposed 120 -acre development. The planned construction of 500,000 sq ft of new buildings will result in millions of dollars being added to the City's property tax base. While it is difficult to precisely estimate the impact on city revenues, based on previous experience and information available from provincial tax assessments data, the city's portion alone of increased property tax revenues should be in the 2.5 to 3 million- dollar range. The location of the site, proximity of existing city services and the concentrated nature of the project should also translate in to proportionately lower incremental capital and /or operational costs to the city to service this development. The increase in tax revenue to the City will accrue over time. Once the rezoning is approved it is likely that it will take 18 to 36 months to complete the further technical work to meet the requirements of the expected Section 39 conditions and other regulatory approvals. Build out of the site will be done in phases, driven by market demand, and it is anticipated that this would occur over a 10 to 15 year period. 2. City Service Fees —The City will also benefit from the one -time fees from building permits and the ongoing annual revenue for water and sewerage charges. 3. Employment - The establishment of a host of new businesses and services to the community will generate both direct and indirect employment positions. This will translate into an increase in taxes paid plus additional disposable income that can be spent in the City. Considerable jobs will be created at stores and services established at the site and there would be additional spinoff benefits to other businesses in the city benefitting from increased local and visitor traffic to the area. The International Council of Shopping Centers (ICSC) has recently released a report detailing "How to Calculate the Economic Contribution of Office, Industrial and Retail Real Estate to the Local Community ". Based on their projections and our own experience, the development of The Crossing could translate into upwards of 1,000 new jobs being created. In addition to creating long term employment the construction needs of the project will provide much needed employment opportunities for trades and laborers in our region. 278 Socio- economic Benefits 1. Local Business —The Crossing, by creating a gateway location to draw traffic off the highway will, Create a gateway destination that will both increase the range of services available as well as foster greater use of existing services within the city by residents, businesses and visitors ➢ Provide incentives and attractions for city residents, business people, bedroom community commuters and visitors to our region to spend more time and disposable income within the City of Saint John resulting in significant direct and spinoff benefits to our city. Y Attract more commuters, tourists & business travellers to stop, shop & stay in the city 2. Tourism —The Crossing will provide an excellent draw for the "Rubber Tire" tourists to visit our City, be they travelling by automobile or bus. This location would be ideal for a tourist information bureau, particularly when combined with the highway services that tourists and travellers are looking for. The opportunity will be presented to encourage travellers to visit many of our City's great attractions, including those in the city center. One of the prime objectives for The Crossing is "To help promote Saint John as a "drive to city" not a "drive through city" for visitors & residents [commuters] alike 3. City Attractiveness /Pride - The Crossing project has the capability to provide a wide range of community amenities that will enhance Saint John as a desirable location in which to live and /or visit as well as make a significant economic contribution to the city. This is a rare opportunity to develop significant green field site that can be designed following a coordinated and homogenous design theme following the same quality standard as East Point. Services and attractions not currently available to the city, ranging from highway services to improved access to our natural areas, will contribute to making our city a more attractive destination for residents and visitors alike. The Crossing will be a development with a location and architectural appearance unrivaled in Atlantic Canada, a development that will generate significant pride in our city. 4. Green Space -The Crossing project will open up access to Little Marsh Creek as it winds through this commercial and community development. The creation of a sixty - acre green space running along the shores of the newly rejuvenated Marsh Creek would also open up a totally new nature experience for residents and visitors and 279 provide a vital link for ACAP's proposed walking trail linking the city center with east Saint John, Rockwood Park and outlying communities in the Kennebecasis Valley. Both The Crossing development and the Marsh Creek park area will open up access to what has been for years a hidden gem of nature in our own backyard. A walking trail along the newly cleaned up Marsh Creek waterway will provide Saint John residents with a unique natural setting to enjoy without leaving the city and will also serve as a key link connecting the City with the Kennebecasis Valley. 5. Active Transportation - The Crossing development and the Marsh Creek park area will create important links in the regions goal of connecting the City center with outlying areas with an active transportation link. The Marsh Creek park area could include a walking /biking trail that will provide an important segment of ACAP's proposed link in East Saint John as well as between the city center and the Kennebecasis Valley. The Crossing development itself will incorporate walking/biking trails that will extend the active transportation link further in East Saint John and toward valley communities. The parallel development of the Marsh Creek park area would open up additional green space in which area residents and visitors could enjoy the regions natural beauty and would expand the active transportation links in our area. 6. Storm Water Management & Flooding —The Terrain Group (now WSP Engineering) report "Hydraulics and Hydrology Report —The Crossing" concluded by saying that "The Crossing will not have a negative effect on flooding in the Marsh Creek watershed." The report further identified that lands associated with The Crossing development could yield as much as 400,000 cubic meters of storage as compared to the 17,000 cubic meters of storage that would be eliminated by construction of the project. This does not include the additional 125,000 cubic meters of storage available on City owned land adjacent to the developer's property. A significant amount of land could therefore be available as a possible contribution to flood water management in the Marsh Creek watershed. 7. Existing City Infrastructure — The preliminary study conducted by Crandall Engineering indicated tater and sewer infrastructure required for the project would certainly capitalize on the underutilized water line constructed to service Kennebecasis Park in Rothesay and perhaps utilize some of the existing capacity in the sewage system constructed by the city for the Drury Cove development. There is also the real possibility that the additional economic activity and increase in provincial tax revenues associated with The Crossing development would encourage and /or accelerate improvements in provincial highway infrastructure in the area. The province has recently retained Exp Engineering to conduct a Traffic Study on future needs for Highway 1 in the general area of The Crossing development. The results of this provincial study combined with the anticipated traffic study to be completed by Horizon Management will no doubt identify required infrastructure improvements in this area. Na 8. Consumer Services —The Crossing will create a unique "quality controlled" themed development site (a la East Point) for businesses that currently cannot find an appropriate location in the city. The recently received J C Williams Group market report expands on how this development will add to and compliment consumer services currently available in Saint John, be they for residents or visitors. 9. Alignment with Plan Si Objectives —The development of The Crossing is in sync with many of the stated objectives of the City's municipal plan, Plan SJ, for example: r "...most importantly, the Municipal Plan is about ensuring the people who live in the City and those who will come in the future want to stay for the economic opportunities and the enviable quality of life the City provides " Y "Directing new development to areas of the City with existing municipal services and infrastructure will result in increased efficiency and lower long -term costs for water and sewer treatment, emergency response, and other services." "The Municipal Plan recognizes the importance of a healthy natural environment to the well -being and quality of life of a community." ➢ "... creating a balanced transportation network to make public transit and active transportation more viable and desirable mobility options" 281 G L O B A L R E T A I L A D V I S O R S March 7, 2016 Horizon Management Ltd. Attention: John Wheatley 479 Rothesay Ave St John, NB E2J 2C6 Re: PrORosed Development "The Crossing" Municipal Plan Amendment and Rezoning Dear Mr. Wheatley, You have requested that I prepare a review of the February 16, 2016 Council Report on the application by Horizon Management Ltd. This report contains observations and opinions prepared by myself as founding partner of J.0 Williams Group Limited (see Credentials), as follows: I .) Observations on The Crossing mixed -use development as now proposed. 2) The current commercial development is dominated with large traditional malls. 3) The Crossing strategic plan and role is different. 4) Some comments on the opposition issues. 5) In Summary. 6) Credentials. J. C. Imams Group Limited 90 Mchmond Smet East, Sxte 100, Toronto, Ontario M5C 1P1. TeL (416) 921-4181 Fax.-(416)9214184 info&aavg.eom iv"jog.com 600 de Maisonnemoe Blvd West, Swe 1700, MontmaZ QC H3A 3J2 Tel (514) .181 -5429 350 West Hubbard Street, SXte 240. Chic�!linois 60654 TV- (312) 673 -1254 Member of the EBELTOFT GROi1P - In nal E4ertue in Retail Service BAwmers 1.0 Observations on the Proposed The Crossing Mixed -use Development the Proposed Site The preliminary development site extends along Ashburn Road and totals approximately 48 hectares. Included in this node, there will be a mix of residential and commercial uses extending over parcels of adjoining land. Geographically, this is directly adjacent to and an extension of the eastern Commercial Corridor and the eastern Regional Retail Centre. See image on next page (from Approvals Application, December 18, 2015). J.C. Williams GrOlf The Crossing — Concept Site Plan J.C. Williams Group g is - � M .i t vrT h s JR IM a t y ! y � J.C. Williams Group Proposed Development `The Grosr-ing- Municipal Ptan Arnendmerai and Rexenirg 2.0 The Current Commercial Development Is Dominated with Large Traditional Malls The Crossing is planned as a mixed -use development that will include approximately 400,000 square feet of development buildings. It will not be anything like the traditional regional shopping centres (e.g., McAllister Place - 483,000 square feet; Smart Centre/ Walmart - 261,298 square feet; Lancaster Mall - 235,000 square feet, or the large format centre East Point's planned 750,000 square feet) in terms of physical shape, size, ambiance/ design, tenant mix, or function. The three traditional malls (and /or REITs) that have objected to the Horizon Management application have the following distinct characteristics, namely: Location and Site: On a main arterial road in eastern and western suburbs Function: A "must drive to" destination primarily for shopping goods (e.g., fashion apparel, furniture, jewellery and accessories, gifts, leisure products, and food services). Concept Target Market: Visual Design: Tenant Mix: Apparel, etc. Size and Shape: A pre - planned, one -stop shopping trip for women's and children's wear and related merchandise that anchor food and services. Predominantly local Saint John trading area residents. With East Point, it is more of a combined regional destination for area residents. Traditional, basic McAllister Place t30 stores Sears Smart Centre t36 stores See plans or pictures on the next pages (from Mall websites) As outlined above, these three shopping malls are mature, enclosed traditional- format centres that have a distinctly defined role in the Saint John retail hierarchy. J.C. Williams Grou' �. Proposed DevelOtrmt<rrt °7Fro Crossing- Municipal Plan Amendment and Rezoning 5martCentres Aerial Map J.C. Williams Group 5 r' Lancaster Mall Directory Parking Space For Lease f: J.C. Williams Group' Walmart p + a n q FRladi o� u 1 G j V f M04 w ,... . A ". „ Dumb - r J.C. Williams Group' Praposed Development' °The C ross Rng ", Munlelpal Plan Aomendmant and RezonIn 3.0 The Crossing's Strategic Plan and Role is Different. While the regional shopping centres have a somewhat restricted offering and role (a strategic decision), The Crossing has chosen a very different (strategic) role in the greater Saint John marketplace. As such, it will largely complement rather than compete with the current retail offering. J. I The Crossing in Review As planned, The Crossing will be a unique, hybrid commercial business highway services, retail, and residential mixed -use node. Location • An Eastern Saint John gateway creation on the major provincial highway. • Adjacent to an extension of a major thoroughfare. • Not enclosed in a suburban destination location. Site • A welcoming entry -point to the city. An extension of a Commercial Corridor. • Large, and so it requires its own unique quantity of real estate. • Adjacent to the eastern Regional Retail Centre, so unique space is added to create greater "critical mass," drawing power, convenience, and service to trade area residents and visitors. Concept • A hybrid, mixed -use, and residential development. • Service to highway and arterial road travellers. Target Market • Focus on highway vehicular traffic (not currently entering Saint John), which includes tourists and commuters. • Local residents and/or business people for largely convenience products/ services. Visual Design • Not like a traditional mall. • A new -look Main Street. fropns6d Development "The Crossing" Municipal Pian Arnundmnnt and Rezoning Tenant Mix The envisioned main components of The Crossing will likely reflect a mix as outlined below based on a review of the Site Plan and Horizon Management's commentary. These could be subject to change. Travel Related, Local Convenience Highway Services Convenience pick- up Restaurants, Fast Food Retail and Related Hospitality Entertainment, etc. Commercial Residential General Theming More specifically, the following commercial tenants will not be significant, if any, competition to the traditional malls and will fill a Say in the Saint John retail marketplace. Proposed types of tenants could include: • Residential • Commercial office, business park • Hotels • Travel services, service stations, and washrooms • Welcome and information centre • Stores and tourist appeal merchandise • Food services, fast casual dining, fast food • Entertainment venue. 3,2 Reality of the Proposed The Crossing Development The Crossing is a different type of development for different types of customers. However, it is entirely understandable that an already established, mature, traditional mail might feel threatened by the news of a 500,000 square foot retail (not commercial) development being planned nearby. But as shown above, this is not the plan. Proposed Developmant "The Craning" Municipal Main Amendment and R zoning 4.0 Some Comment on the Opposition's Issues with The Crossing I Competes with the Regional Retail Centre Opponents have expressed concern that this is a large (retail) commercial development that does not conform with the Plan. My observation is that The Crossing is outside the current Regional Retail Centre, but by adding The Crossing to this complex of malls and stores: It will add missing services to an underserved market, • It should strengthen this entire node. 4.2 Undermine the Existing Retail Avenae The Eastern Regional Retail Centre is presently fairly well- balanced with its mix of fashion apparel, discount and value, big box stores, plus independent stores on regional roads. The Crossing's tenant mix will help fill in a gap of tourist / traveIler/ local convenience stores that are not a strong part of the local malls. 4.3 There is Ample Vacant Land A vailable While there is local land for sale/ lease, there is not enough (nor is it suitably located) to develop Horizon Management's concept on a suitable alternate site. From my observation, The Crossing could not be created elsewhere in the City. It is critical to the success of this type of project that there is direct highway access and visibility to attract the types of businesses needed to thrive. Proposed Development "The ICrosslr g" Municipal Plan Amendment and F46aar Ing 4.4 Concern About Commercial Corridor Zoning The Municipal Plan describes Commercial Corridors as being "...located along major tlzoroughfares ... and appropriate for intensified land use and investment as they provide major linkages between Primary Centres, Employment areas, and Intensification Areas." As well, LU -83 further states that Commercial Corridors are "...to be developed for automobile - oriented service and commercial uses, generally excluding large format retail uses..." Horizon Management proposes a mixed -use development with a wide range of offerings as previously described in Section 3.0. The Company clearly understands that a 500,000 square foot solely retail development is not needed by the consumer market and would not be suitable for a Commercial Corridor. The December 18, 2015 submission from The Crossing, Concept Site Plan shows: • A mixed -use development • Many isolated pads /stores /restaurants /etc. a An extension of the commercial activity along Rothesay Avenue/ Ashburn Road. The rezoning application will keep strengthening the Commercial Corridor because it will draw vehicular traffic off Highway 1 and into the Eastern Saint John retail service node. J.G. Williams Grou Ptopu5nd Duvelopmanl "The Crossing" MUAicipal Plan Amendment and Rezoning 4.5 Future Land Uses Are Understandable, but Are Not Well Founded Opponents have objected to this Application because it contravenes the Municipal Plan's general intent to: Policy LU-4, unless it "...further advances the City Structure." is only "...necessary by virtue of lack of supply of quality land... My opinion is that Horizon Management's bold vision directly supports and advances the City's structure and could not be achieved without locating on this highway centric site. Policy LU -bD have "...McAllister Regional Retail Centre is the major Regional Retail Centre in the City and will continue to be the focus for commercial retail services -based uses..." My opinion is that this is possibly an out-dated policy, but satisfactory for the time being. Regional shopping centres are in maturity and need to be re- invented. So the addition of new retail formats such as lifestyle centres, ethnic centres, and urban core fill-in projects must be encouraged. Innovations like The Crossing should be thoroughly reviewed, but encouraged. Policy LU -7 "...does not detract from the City's intention to direct the majority of new commercial development to Primary Centres, Regional Retail Centres..." My opinion is that the City must encourage innovation. The Crossing has the advantage of adding an innovative venture adjacent to both the regional malls and to local independent businesses. This seems to be a win-win. J.C. Williams GrOI, Proposed Development "The Crossing" Municipal Plan Amendment and Rezoning 5.0 In Summary The Crossing appears to be a special opportunity for Saint John. It fills a commercial gap and adds a new retail (and related) experience, plus builds more critical mass to a well- established Commercial Corridor and Regional Retail Centre. There does not appear to be any negative effect to current businesses. And, as envisioned, this development should increase traffic and shoppers to Eastern and Central Saint John. If further clarification is required, I will be pleased to respond to your questions. f� John C. Williams Senior Partner J.G. Williams Grou 112 Proposed Development "Pia Crossing" Municipal Plaro Amendment and Razoning Credentials John C. Williams Senior Partner John Williams formed J.C. Williams Group Limited in 1974. Today, J.C. Williams Group is the largest retail, shopping center, and urban revitalization consultancy in Canada, and is active throughout the USA, Middle East, Russia, and Europe. It is known for its practical yet creative approach to achieving results. The company has offices in Toronto, Montr6al, Chicago, and joint ventures in Russia and India. Prior to forming J.C. Williams Group, John Williams was with T. Eaton Company of Canada for 15 years, working in a number of cities and positions in divisional merchandising, store management, and senior corporate merchandising management. He was actively involved in the development and implementation of retail marketing strategies, merchandising and branding plans, advertising, research, buying, supplier relations, and general management. He held positions where all commodities reported to him. As founder of J.C. Williams Group, John maintains involvement in client projects as the team leader, advisor, or participating consultant on the team. The company has consulted to leading retailers, leading property developers, governments, and cities in Canada, the USA., and the Middle East. Within J.C. Williams Group there is a highly qualified team of Senior Consultants and professionals who specialize in the gathering and tracking of retail and retail related data, conducting professional market research and producing reports and white papers on retail and economic trends and events. These are respected and used within the industry. Mr. Williams has authored one book on business strategy and one on retailing in shopping centers, and co- authored two books on retailing and marketing and another on urban revitalization. He also has written on retail and urban trends and strategies for Canadian Retailer and other business periodicals. The Washington DC based National Retail Federation (trade association for USA retailers) asked John Williams to write their workbook on retailing (see Table B) and the New York based International Council of Shopping Centers asked him to write their book on retailing. J.C. Williams Gro Proposed Develnpment " The Crossirng" Muni6pat Flan Amend man t and Reza ming John has recently co- authored the book Retail 4G, a digital book with eight modules targeted at independent retailers, and published by the Retail Council of Canada. In 2004, he authored Getting Retail Right! for the ICSC and is teaching at the ICSC's University of Shopping Centres. As well, John has co-authored Retail Revitalization and Recruitment: Action Programs for Downtown for Urban Marketing Collaborative, a division of J.C. Williams Group, A Guide to Retail Success for the National Retail Federation, Washington D.C., as well as Building a Winning Retail Strategy for the Retail Council of Canada, and Marketing Main Street for Heritage Canada. He is a frequent speaker at industry and association gatherings across the continent and was inducted into the Retail Hall of Fame in June 2013. In addition, Mr. Williams has also attended many conferences and spoken on the subject of retailing and distribution strategies, retail real estate, and consumer trends. He has spoken at the Retail Council of Canada; International Council of Shopping Centers; International Downtown Association; National Retail Federation; and many professional trade associations, universities, and private institutions. He has owned a chain of small stores in Toronto that sell sports and cultural event tickets as well as a gardening supply store and mail order catalogue. John Williams has testified previously and has been qualified as an expert witness on retailing issues in the courts and the Ontario Municipal Board. John Williams is a business graduate from the University of British Columbia (Sauder School of Business) with an MBA from Northwestern University's top rated Kellogg School of Management. He is well known as an author and speaker on business, urban revitalization, and retail subjects, plus commentaries on business issues in the media. J.C_ Williams Grotp Proposed DevelGpment "Thu Crossing" Municipal Plan Arnondm int and Rezoning Previous Expert Witness Testimony John Williams has testified previously and has been qualified as an expert witness on retailing issues in Ontario courts and before the Ontario Municipal Board. Here are a few cases with which he has assisted: Vista Hospitality/Rainbow Centre v. Zellers Breach of lease. Brookfield Properties v. City of Toronto Arbitration on rents and land value. Woodbine Shopping Centre v. Target Canada In negotiation. Albion 27 Plaza v. GTA Auto Repair Lease exclusivity and damages. Hart Stores Inc. v. North Bay Mall Breach of lease restriction. Toad W Turtle Pubhouse & Grill v. Shark Club Issue of restrictive covenant. Action abandoned. Simon Properties v. Pepsi Preparation of a report that critically repudiated the defendant's position. Terra Footwear vs. Nike Canada Testified on a trade mark violation. Morse Shoe Co. v. Hudson's Bay Co. Testified on the issue of lost profits arising from the breach of a contract between a department store and its shoe supplier/ operator. Bloor Madison v. City of Toronto Testified on issues relating to business disruption. I Prop ased Daiialopnment " Thep Crossing" Municipa I Plan Amend men% and Rozoning City of Toronto v. Yonge Street Development Corp. Testified on whether the impact of a proposed retail development in downtown Toronto justified the expropriation of property by the City. Competition Bureau of Canada v. Hudson's Bay Co. Testified on issues relating to several charges of misleading advertising. City of Toronto v. Loblaw's Inc. Testified on zoning issues relating to the appropriate use of commercial space in a residential neighborhood. City of Toronto v. Camrost 2000 Testified on zoning issues relating to parking required to support existing retail. City of Toronto v. Bay & Bloor Testified on the true market value of a retail lease. City of Toronto v. Oxford Properties (2 Bloor Street West) Case pending. City of Toronto v. Oxford Properties (2 Bloor Street West) Case pending. East Point Shopping v. City of Saint John Resolved. laropo�,od Deuolopment "The C sing" MurrieiPal I }fait Aroendrnent and Rezoamq About J.C. Williams Group J.C. Williams Group is one of North Americas leading boutique retail and retail - related consultancies with 40 years of industry experience. Research is the foundation of all our projects, so we have extensive knowledge about the application of the insights gained from research. We believe that we are unique from other consulting firms because: a Our Senior Consultants have actually managed business entities and worked in retailing. This means that the consulting we provide will be instantly actionable and aligned with strategic goals. klZrban vdw r l pvvvly menf e�t p GOV-, M, 1 a ; i0q, -kc Morkol"D OtUltal a ivyvl OW14b mnd Sarda /Opnativar I046ter 4 pradwhiry son ka J.C. Williams Group covers strategy, but also our in -house team includes leading specialists in omni - channel, IT and business processes, market research, operations and merchandising, HR, real estate, finance, marketing, branding, and customer experience. Other firms pull in outsiders. We are honoured to be able to fulfill global assignments across North America, India, Russia, UK, the Middle East, and North Africa Additional benefits of engaging J.C. Williams Group include the following: • We are members of the Ebeltoft Group, which is a consortium of retail consultants from around the globe (i.e., Australia, Brazil, China, Denmark, France, Germany, India, Ireland, Italy, The Netherlands, Portugal, Romania, Russia, Singapore, Spain, Switzerland, Turkey, U.K., U.S., and Vietnam). This membership enables us to extend our reach and bring to our clients the most up-to -date innovations and best practices from around the world. • Our membership in organizations such as the National Retail Federation, Shop.org, Retail Council of Canada, Urban Land Institute, ICSC, and Centre for the Study of Commercial Activity (CSCA) at Ryerson University enables us to stay abreast of the developments in the marketplace community. J.C. Williams Group Proposed Dev+ l+op"ient "The Grossing" Munir.lp {yl Plan Arnendrnant ;ifltf itezonlrig Some J.C. Williams Group Past or Present Clients J.C. Williams Group Inc. works with clients in Canada, the U.S.A., Europe, and the Middle East including: • shopping center developers; • retailers; • government and cities; • service industries, advertising agencies, media companies; • cultural institutions /clubs; • transportation retail facilities; and, • retail manufacturers. Shopping Center Developers • Atlantic Shopping Centres • Beacon Companies • Belmont Properties • Bentall Retail Services • Brookfield • Cadillac Fairview • Cambridge Shopping Centres • Corporate Property Investors • Elad • Emaar Properties (UAE) • Enterprise Developments • Enterprise Property Group • Fishman NA • Hammerson • Heritage Partners • Homart • Irvine Retail Properties • Ivanhoe Cambridge J.C. Williams Grou • Marathon Realty • May Centers • Melvin Simon & Associates • Northup Group • Orlando Corporation • OMERS /Oxford • Prudential /Harbour Island • Qatari Diar (Qatar) • Revenue Properties • RAMW (Egypt) • Rouse Company, The • Royal LePage • Sama Dubai (UAE) • Stadium Developments (UK) • Telereal • TrizecHahn • Truscan • 20 Vic Proposed Developr"ent "The Crossing" Nluniclpal Plan Anmendmont and Rezoning Retailers • Aldo • Holt Renfrew • Ontario Lottery and • Alexanian Carpets • IBM Gaming Corporation • American Energy • Katz Group • Peoples Jewellers • American Express • Kodak • PharmaPlus • Andres Wines • Laura Secord • Pharmasave • Bata • Lawton Drug • RadioShack • Beaver Lumber • Le Chateau • RAMW Retail • Bell Canada • Levi Strauss • Royal Bank of Canada • Bell Mobility • Lindt Spriingli • Royal Doulton • Birks • Liquor Control Board of • Salvation Army • BiWay British Columbia • Sears • Black Photo Corporation • Liquor Control Board of • Shoppers Drug Mart • Bowrings Ontario • Sobeys • Braemar • London Drug • Stitches • Brick, The • Loyalty Group, The • Successories • Canadian Tire • The Man Alive • Thrifty's • Cash Converters • Marine Atlantic • Tilley Endurables • Chicago Cutlery • Mark's Work Wearhouse • Tip Top Tailors • Club Monaco • MDS Doncaster • VISA Canada • Foot Locker • Microsoft • Walmart • Goodwill Enterprises • MT &T Mobility • Windsor Plywood • Grafton Fraser Inc. • NFL • Wilco Farm Stores • Harry Rosen • NHL • WINS Thrift Stores • Henry Birks and Sons • NutriChem • Plus over 100 specialty • Highsmith • Nomura Research stores in the U.S. and • Hockey Hall of Fame Institute Canada ND Pro rrsed Deaeiopmedt "The CrnssinR" 11u'Cunlbpal Plan Amendment and Rozoning Service Industries Advertising Agencies and Media • Global Television Network • Glowinsky & Gee • Grey Retail • J. Walter Thompson • JAN Kelley Marketing • Kert Advertising • McKim Baker Lovick /BBDO Government • Canadian Olympic Coin Program • City of Toronto, Ontario • Heritage Canada Foundation • Industry Canada Cities • Phoenix, AZ • Los Angeles, CA • Colorado Springs, CO • Denver, CO • Orlando, FL • Des Moines, 10 • New Orleans, LO • Boston, MA • Grand Rapids, MI • Buffalo, NY • Harlem, NY • Ithaca, NY • Rochester, NY • Cincinnati, OH • Pacific Press • The Globe and Mail • The Vancouver Sun/ Province • Vickers & Benson • YTV • Watt International • Ministry of Transportation, Ontario • Ontario Retail Service Sector • Trade Facilitation Office of Canada • Cleveland, OH • Columbus, OH • Pittsburgh, PA • Philadelphia, PA • Dallas, TX • Fort Worth, TX • Houston, TX • San Antonio, TX • Norfolk, VA • Roanoke, VA • Tacoma, WA • Toronto, ON • Montreal, PQ • Calgary, AB Rot Proposed Dow!lopmont `The Crossing" Wrlicipal Plan Amendrnant and Rezoning Learning Institutions/Associations • Algonquin College • Brock University • Center for the Study of Commercial Affairs • International Council of Shopping Centers • International Downtown Association • National Retail Federation • McMaster University • University of Western Ontario • State Univeristy of New York • Mount Royal University • Okanagan College • Olds College • Retail Council of Canada • Retail Merchants Association of British Columbia • Ryerson University • University of Toronto • University of New Brunswick • Dalhousie University • St. Mary's University Cultural Institutions/Clubs/ Not - for- Profit%Healthcare • Art Gallery of Ontario • Peel Memorial Hospital • Art Gallery of Windsor • Royal BC Museum • National Ballet School • Royal Ontario Museum • Caledon Ski Club • St. Joseph's Health Centre • The Boulevard Club • St. Michael's Hospital • Baycrest Centre for Geriatric Care • Toronto Hospital • Mississauga Hospital • Toronto Public Library • National Gallery of Canada • Trillium Healthcare • New Oakville Hospital • USA National Aquarium • North York General Hospital (Baltimore, MD). • William Osler Hospital Transportation Authorities • B.C. Ferry Corporation • Burlington International Airport • Huang & Danczkay - Toronto Terminal 3 • Marine Atlantic • Massachusetts Port Authority - Boston's Logan International Airport J.C. Williams Grou • Oakland International Airport • Ottawa - Carleton Transportation • Russia Rail Systems • Savannah International Airport • VIA Rail • XpressWest Proposed Develoinrneni "llae Crossing" MtirflcipM Plan Arnentlr ent Ind Rezoning Manufacturers • Bell Canada • IBM • Bell Mobility • Kodak • Benjamin Moore • Koret • BMW Canada • Labatt Breweries of Ontario • Caldwell • Lear Corporation • Caulfield • Leslie Fay • CellNet Canada • Levi Strauss • Coats & Clark Ltd. • Magna Closures • Coca Cola • Maple Leaf Foods Inc. • Corporate Technology Partners • MediaLinx • Dominion Textile • Microsoft • Doncaster • Nortel • Dupont • Quadrant Cosmetics Corporation • General Electric • SFI Apparel • General Motors • Susan Bates Inc. • Hiram Walker & Sons Ltd. • Tilley Endurables • Union Carbide - Linde • United Distillers J.C. Williams Grou PrOpOs+ed avwelopment "The Cf.OSSI ng" MI)nIcIpak Plan Amundmafat and Rezoning Books Authored By John Williams Retailing and Marketing Retail 4G by John C. Williams and the Senior Advisors at J.C. Williams Group. A digital book, with eight modules targeted at independent retailers. Published by Retail Council of Canada and distributed by Retail Council of Canada and Kobo. Getting Retail Right! by John C. Williams. Published in 2004 by the International Council of Shopping Centers, New York, NY. A Guide To Retail Success by John C. Williams and John A. Torella. Published in 1996 by the Retail Learning Initiative, Toronto, ON and in 1997 by Fairchild Publishing, New York, NY for the National Retail Federation. The Strategic Compass Model by John C. Williams. A digital book, downloadable for free from www.jcwg.com. Released Summer 2013. Urban Revitalization Retail Revitalization and Recruitment: Action Programs for Downtown by Maureen C. Atkinson, John C. Williams, John Archer, and Anna Ritacca. Published in 2002 by Urban Marketing Collaborative, a division of J.C. Williams Group. Marketing Main Street - A Practical Guide to Success by Maureen C. Atkinson and John C. Williams. Published in 1988 by The Heritage Canada Foundation. J.C. Williams Grou �i 01 A101 700 APPLEWOOD CRES. SUITE 200 j VAUGHAN, ON. CANADA WK 5X3 T 905 326 6400 F 905 326 0783 February 9, 2016 Jonathan Taylor Common Clerk City of Saint John 15 Market Square Saintlohn, New Brunswick E2L 41.1 Re: Proposed Rezoning Amendment of 459, 617 -8855 and 540 -900 Ashburn & Parcel of Land Northeast of the One Mile Interchange. SmartREIT (formally known as Calloway REIT) has been the owner of the Walmart anchored shopping centre at 450 Westmorland Road since 2004. Our property is 25.50 acres in size, has a total GFA of 272,000 sf with a 7% vacancy rate. Our Shopping Centre is part of the growing McAllister Regional Retail Centre, as identified in the City's Municipal Plan. The growth of this regional node is supported and encouraged by various municipal plan policies. The planned function of the McAllister Regional Retail Centre was for it to become the primary retail node not only for the City of Saint John, but for all of southwestern New Brunswick as well. Horizon Management Ltd. has submitted a proposal to the City for the development of lands for a commercial, retail, recreation and mixed use project known as "The Crossing ". The proposal boasts an array of benefits to the City some of which are discussed below. The proponent is seeking Common Council of the City of Saint John to amend the Municipal Plan and rezone the subject properties. SmartREIT believes that the proposed municipal plan amendment and zoning application is not in line with the vision of the Community and Council who both invested a large amount of time and effort into the creation of PIanSJ enacted in 2012 and subsequent 2014 Zoning By -law. The following discussion outlines how the proposed municipal plan amendment and zoning application contradicts the respective policies of the Municipal Plan. Saint John Municipal Plan The proponent's lands are currently designated as Stable Commercial, Urban Reserve, Parks and recreation and Rural Reserve. Horizon Management Ltd seeks to have these changed to Commercial Corridor and Stable Residential, Policy LU-4 of the Municipal Plan states that Council shall: "Not consider changing designation of the lands on the Future Land Use map (Schedule B) through a Municipal Plan amendment, unless the proposal. a. 'is consistent with the general intent of the Municipal Plan and further advances the arty Structure" Since the proposed development is for a large commercial retail development (approximately 500,000 sf or more) outside of the planned Regional Retail Centre identified in the Municipal plan, it does not respect Policies LU -59, LU,60, LU -70. 'R EIT. -. - 305 Policy LU -59 states that Council shall create "the Regional Retail Centre land designations on the Future Land Use map ... where large format commercial and retail development will be directed." It is evident that the proposed development should be considered a Regional Retail Centre but the municipal plan does not identify this area as such and for some reasons the proponent is avoiding making this zoning request. However, designating this area as a Regional Retail Centre would undermine existing policies and compete with the existing Regional Retail Centre which is not fully built out. Polity LU-60 a. states that the "McAllister Regional Retail Centre is the major Regional Retail Centre in the City and will continue to be the focus for commercial retail and services -based uses intended to serve all of Southwestern New Brunswick.' The Municipal Plan has further identified two major employment centres: one that strengthens the Uptown and supports its growth as the key office- retaii- arts - entertainment - employment centre for the City and the wider region; and one that identifies UNBSJ and the Regional Hospital as an area for mixed -use residential and increased employment uses. Retail growth is envisioned in the McAllister Mall area to the east, on Fairville Boulevard to the west, in the Uptown to the south, and north along Somerset Street between Crescent Valley and Millidgeville. The Municipal plan is committed to supporting the McAllister Regional Retail Centre as the focus for commercial and service based uses in this area of the City. Policy LU -70 states that Council Shall "Ensure that significant new development.-in areas designated as stable commercial is permitted only when subject to a rezoning process, where compliance is demonstrated with the following criteria: a. The proposal does not detract from the Gty's intention to direct the majority of new commercial development to the primary Centres, Regional Retail Centres, Business Centres, Commercial Corridors, Local Centres, and Mixed use Centres. The proposed development would detract and undermine the planned function and intent of the existing Regional Retail Centre as described throughout the Municipal Plan. City Structure Goals As previous mentioned, Policy LU-4 of the Municipal Plan states that Council shall: "Not consider changing designation of the lands on the Future Land Use map (Schedule B) through a Municipal Plan amendment, unless the proposal:" a. Is consistent with the general intent of the Municipal Plan and further advances the City Structure' The follow are some of the City Structure Goals that the proposed development should be measured against and currently does not appear to align with. 1. Limit urban and rural sprawl and use land more efficiently. 2. Revitalize existing communities through compact development, context appropriate infill, and promoting infill development on vacant and underused properties. 3. Direct new housing and employment uses to Intensification Areas to achieve a higher density of people and jobs, enabling the City to provide cost - effective and efficient infrastructure and services. Policy LU -4 of the Municipal Plan states that Council shall! "Not consider changing designation of the lands on the Future Land Use map (Schedule B) through a Municipal Plan amendment, unless the proposal: '?- RE1T.coi,4 306 b. is necessary by virtue of lack of supply of quality land already designated in the Municipal Plan to accommodate the development; There are currently three large zoned vacant parcels of land within the Regional Retail Centre designation. If the proposed rezoning goes forth it would have a significant impact on the market & tax assessment values of those vacant lands. These ]and owners have invested, held and paid taxes on these lands over the years with the understanding that, as per the Municipal Plan, future large commercial and retail developments would be directed to the existing Regional Retail Centre. Zoning a large commercial parcel of land for Regional Retail uses outside of the designated area would undermine the City's planned function for the McAllister Regional Retail Centre. Policy LU-4 of the Municipal Plan states that Council shall: "Not consider changing designation of the lands on the Future Land Use map (Schedule 13) through a Municipal Plan amendment, unless the proposal: f. is an appropriate use within the land use designation being sought for the property, and the proposal Is consistent with the specifk policies regulating development in the designation; The intended use and development of these lands does not fit the definition of the requested Commercial Corridor zoning. The Primary Development Area The Primary Development Area (the PDA) generally corresponds to the portion of the City with existing municipal water and wastewater services. As per the Municipal Plan, most new employment growth and approximately 95% of new residential growth will be directed inside the PDA to maximize infrastructure investments that have already been made and protect rural and natural areas. The Primary Development Area is a statutory component to the Municipal Plan. Council is directed to evaluate proposed amendments to the boundary of the Primary Development Area utilizing the guidance of Policy LU 9 and the general intent of the Municipal Plan. Policy LU -8 of the Municipal Plan states that Council shall "not permit development serviced with municipal water and wastewater services beyond the boundaries of the PDA without first changing the boundaries of the PDA which will require an amendment to the Future Land Use map. Policy LU -9 states that "Council may consider amending the boundaries of the Primary Development Area boundary when a comprehensive review of the Municipal Plan has taken place." The current municipal plan was approved in 2012 and is reviewed every 5 years. It is my understanding that a comprehensive review has not taken place to consider the boundary expansion for the subject proposal and Council should ensure that the proponent waits for the City to complete their scheduled 5 year review. New Brunswick Community Planning Act, RSNB 1973, c C -12 It is my understanding that changes to the Community Planning Act (CLA) have been made since the 2412 Municipal Plan was adopted by Council and any amendments should have regard to the most recent Planning Act Legislation. Section 4.1(4) of the CLA states that "An amendment, modification or addition made to a regional plan, municipal plan, rural plan, basic planning statement or a by -law or regulation under this Act after the coming into force of the provincial planning policy shall conform with the provincial planning policy, and In the case of a conflict, the provincial planning policy prevails." __ _ Sn-iµ.RTREIT.COW 307 Proposed Commercial Corridor Zoning The current rezoning application shows that it is merely an extension of the Rothesay Ave Commercial Corridor zoning to incorporate the identified properties. However, the Municipal Plan describes Commercial Corridors as being ".- located along major thoroughfares .... and appropriate for intensified land use and investment as they provide major linkages between Primary Centres, Employment Areas, and Intensification Areas. As well, LU -83 further states that Commercial Corridors are'...to be developed for automobile- oriented service and commercial uses, generally excluding large- format retail uses...". The Horuon Management Ltd. submission describes the proposed development as a "unique commercial, retail, recreational and mixed use destination node" with a 'scope and quality.—like no other destination in Atlantic Canada ". The proposal states that the development could include up to 500,000 square feet of new mixed use buildings. Based on the proponents vision for their development it is evident that the proposal does not fit the requested zoning definition of Commercial Corridor but rather that of Regional Retail Centre which has previously been described above. Conclusion There have been years of out- migration to suburban, rural and outlying areas which have resulted in the disinvestment in the core neighbourhoods. Between 2001 and 2006, 88% of the City's population loss came from the urban core, while 25% of residential growth that took place was dispersed throughout the rural areas in the form of rural sprawl. Continuing to support growth on the periphery of the City has led to continued disinvestment and a declining population in the urban core and increased the cost of providing municipal services. To further support urban sprawl until such time that the appropriate amount of intensification /Infill within the Primary Development Area is realized, would contradict the Community and Council's vision as expressed through the policies of the 2012 Municipal Plan. SmartREIT believes that the proposed development would a) undermine the intent of the existing Regional Retail Centre as described in the Municipal Plan, b) potentially create further vacancies within the Regional Retail Centre due to the competing nature of the new development, c) jeopardize several of the City Structure Goals and d) Hinder the City from meeting its intensification targets and goal of increasing the efficiency and effectiveness of its current transit system through increase in density within the Primary Development Area. We trust Staff and City Council will seriously consider our opinion and those of other stakeholders who own land or businesses within the Regional Retail Centre Areas. We look forward to hearing from City Staff and being more involved in this process going forward. Sincerely, Aaron Clodd Sr. land Development Manager 647 -567 -7656 aclodd oMsma rtren.com M RE IT Wei IT 300 -700 APPLEWOOD CRES. I VAUGHAN, ON. CANADA L4K 5X3 - 416 741 7999 416 741 7993 ONERFI VIA EMAIL serviceMalnfiohn.ca and commonclea aintfohn.c€ February 10, 2016 Common Council of the City of Saint John PO Box 1971 Saint John, NB E2L 41-1 RE: Proposed Rezoning Amendment re: 459,617-8866 and 340 -900 Ashburn and a Parcel of Land Northeast of the One Mile Interchange, Council Meeting Please accept this letter as formal opposition to the above rezoning. OneREIT owns Lancaster Mall and additional lands on the west side of Saint John. Given the economy and the retail industry in particular, the addition of a large amount of retail leasable area in the Saint John market will undermine the function of the existing retail hierarchy and increase pressure on the existing vacancy rates in the Regional Node, Downtown, and West markets. Weil defined, planned, programmed and properly assessed development, designed to fit into and complement the existing urban fabric can benefit all. The above proposal is seeking approval in advance of the necessary studies being conducted and the proposal itself is not fully defined. We do not know exactly what is being proposed nor has its impact been properly understood. Studies essential to the proper assessment of the market opportunity and the proposal need to be conducted before Council lends its support. Traffic impacts will dramatically affect the functioning of local roads and new facilities may be required. None of this has been addressed. A preliminary stormwater report relies of the use of third party land to allow the developer to remove flood storage capacity from its land? The application should follow a standard approval process. For stormwater pre - equals post approach should be used to assure adjacent land owners of no adverse impact on their lands. The developer is seeking Council approval before negotiating and signing a Development Agreement. This will put both the municipality and other tax payers at risk. No development should proceed before the proper assessment of their proposal is made which in turn allows a proper Development Agreement to be executed protecting all parties. Once zoning is achieved 309 the municipality is in a reduced bargaining position. Infrastructure will be required and both operating costs and new capital need to be fully understood. The applicant is seeking municipal approval before the necessary Provincial review has been conducted. It would be wise to await the conclusion of the Provincial review before investing time and resources in this project. Perhaps most importantly the applicant has not submitted a retail market impact study which would (once the project is accurately defined) assess the introduction of a specific amount and type of retail on the existing retail hierarchy and determine how much and what kind of additional retail the market can absorb. New leasable retail floor area should be planned to add to the mix not transfer sales while negatively impacting existing centres in planned regional nodes, major downtowns, or the major shopping centre area in the west. Unless all the above requirements are fully satisfied, we cannot support this application. Yours truly,__ Tom Wenner CFO 310 OMEREIT.CA Lockhart, Lynda From: David Greene <DGreene@n primarisreit,com> Sent: March -04 -16 70:15 AM To: External - Planning Subject: FW: Proposed Rezoning Amendment RE. 459, 617 -8855 and 540 -900 Ashburn and d Parcel of Land Northeast of the One Mile interchange Attachments: McAllister Place - The Cressing - Zoning Submission - Common Council of the City of Saint John.pdf Good Morning, Please find attached resubmission of comments with respect to the proposed rezoning and municipal plan amendments for Planning and Advisory Committee review. Thank you, David Greene IGeneral Manager McAllister Place I ph: 506- 649 -4941 519 Westmorland Road, Saint John, NB, E2.1 3W9 1111 PARTNER Primaris� IN RETAIL From: David Greene Sent: Tuesday, February 09, 2016 2:53 PM Tv: 'common clerk @saintjohn.ca' Subject: Proposed Rezoning Amendment RE: 459, 517 -8855 and 540 -900 Ashburn and a Parcel of Land Northeast of the One Mile Interchange Good afternoon, Please find attached written objection to proposed rezoning amendment RE: 459, 617 -8855 and 540 -900 Ashburn and a parcel of land Northeast of the One Mile Interchange. Can you please confirm receipt of document. Thank you, David Greene I General Manager McAllister Place I ph: 506- 649 -4941 519 Westmorland Road, Saint John, NB, E2J 3W9 YOUR PARTNER Primaris `' IN RETAIL 311 fry M `/ 141 A DIVISION OF HER REIT Common Council of the City of Saint John PD Box 1971 Saint John, NB E2L 41.1 RE: Proposed Rezoning Amendment RE: 459, 617 -8855 and 540 -900 Ashburn and a Parcel of Land Northeast of the One Mile Interchange Over the past 38 years, McAllister Place has grown from a strip plaza to a regional retail shopping centre through a series of redevelopment & renewal projects that continue to this day. This growth had coincided with neighboring developments by Parkway Mall, SmartCentres, Plaza Retail REIT and East Point Inc. creating the area that is now known as the McAllister Regional Retail Centre. McAllister Place is proud to have been part of the growth that has resulted in the McAllister Regional Retail Centre becoming the primary retail node not only for the City of Saint John, but for all of southwest New Brunswick as well. Horizon Management Ltd. has submitted a proposal to the City for the developments of lands for a commercial, retail, recreational and mixed use project known as "The Crossing". The proposal espouses the many benefits of the "The Crossing" including increased tourism traffic, employment growth through the attraction of new retailers and services to the City, an expanded tax base, improvements to the Marsh Creek watershed and all with minimal infrastructure improvement requirements for the City. To provide license for further investment in the project, Horizon Management Ltd. is seeking Common Council of the City of Saint John to amend the Municipal Plan and rezone the subject properties. it is our firm belief that any development that attracts visitors to the region and keeps the Saint John shopping dollar in the City of Saint John is good for all retailers and developers in the City. We all benefit from the synergies that are created with the expansion in the diversity of retail offerings available in the local marketplace. In short, if we cannot have it at our shopping centre, we want it across the street from us. However, to quote Mr. Rod Adams who represented East Point Inc. at the January 180i, 2011 P.A.C. meeting regarding the Section 39 Amendment McAllister Place applied for in relation to the Lawton's development on the property: "..we support development when the development is done right..." With that in mind, this proposed rezoning raises concerns and appears counter to the current Municipal Plan (PlansSJ) and zone Saint John (ZoneSJ) on the following points: - Proposed development does not conform to Commercial Corridor zoning Proposed development requires amendments to the f=uture Land Use map - Portion of proposed development falls outside Primary Development Area 312 - Stormwater management and flood risk of proposed development - Proposed development — municipal infrastructure upgrades Commercial Corridor Zoning On the surface, the current rezoning application appears to be merely an extension of the Rothesay Ave Commercial Corridor zoning to incorporate the identified properties. r , I GeoNB Map Viewer Saint )ohn Future land Use Map However, the Municipal Plan describes Commercial Corridors as being "...located along major thoroughfares .... and appropriate for intensified land use and investment as they provide major linkages between Primary Centres, Employment Areas, and Intensification Areas. As well, LU -83 further states that Commercial Corridors are "...to be developed for automobile- oriented service and commercial uses, generally excluding large - format retail uses... ". The Horizon Management Ltd. submission describes the proposed development as a "unique commercial, retail, recreational and mixed use destination node" with a "scope and quality.... like no other destination in Atlantic Canada". The proposal states that the development could Include up to 500,000 square feet of new buildings. Based on this, it is easily surmised that this is a proposal that does not fit the requested zoning definition of Commercial Corridor but rather that of Regional Retail Centre which are described as "...large- format retail and service concentrations in the City." [emphasis added] 2 313 As such, the request to rezone these properties as Commercial Corridor may be construed as an attempt by the appilcant to circumvent policies and review processes required to open up and amend the Municipal Plan in order to achieve a more appropriate zoning for the use of the proposed development. Future Land Use M Per the Municipal Plan, the Future land Use map is "vital ... to implement the broad objectives of the Municipal Plan" and "creates a comprehensive picture of—how land in the City should be developed ". The lands in question are currently designated as Stable Commercial, Urban Reserve, Parks & Recreation and Rural Reserve. The proponent's application seeks to have these changed to Commercial Corridor and Stable Residential. Y . 04 ;_ k �I Saint John Future Land Use Map Per Policy LU-4 of the Municipal Plan, Council Shall: "Not consider changing designations of lands on the Future Land Use map (schedule B) through a Municipal Plan amendment, unless the proposal: a. Is consistent with the general intent of the Municipal Plan and further advances the City Structure;" As this is a proposal for a large commercial retail development outside the Regional Retail Centre designated lands, it contravenes Policies LU -59, LU -60 & LU -70. Policy LU -59 states that Council shall create "the Regional Retail Centre land designations on the Future Land Use map ... where large format commercial and retail development will be directed." 3 314 Policy LU -60 a. states that the "McAllister Regional Retail Centre is the major Regional Retail Centre in the City and will continue to be the focus for commercial retail and services -based uses intended to serve all of Southwestern New Brunswick." Policy LU -70 states that Council Shall "Ensure that significant new development...in areas designated as stable commercial is permitted only when subject to a rezoning process, where compliance is demonstrated with the following criteria: a. The proposal does not detract from the City's intention to direct the majority of new commercial development to the Primary Centres, Regional Retail Centres, Business Centres, Commercial Corridors, Local Centres, and Mixed Use Centres. Policy LU-4 (con't) b. Is necessary by virtue of lack of supply of quality land already designated in the Municipal Plan to accommodate the development; Looking at the respective Property Tax assessments, the choice of the proposed lands for development may have been based more on relative market value & acquisition cost rather than a lack of supply of quality land. The lands outlined in white on the below future uses map (see page 5) currently sit vacant. If market conditions warrant further large retail & commercial development in the City, the feasibility of developing these lands should be explored and ruled out priorto providing rezoning of the proposed lands. Pr000sed Rezonine Properties Requested 601 40,000 Horizon Realty Tax RM 53025 14,900 Zoning PID Assessment Levy Sale Price ° owner cc 296673 21,200 653 Horizon CC 357327 4,100 200 76.000 Horizon C 39J1+�3 rflG+ 15 Hnntart Ct ;9T8?5• 5C3Ca 15 HdtfatiFi CC 41'�1169 5010 15 Fioh2on cc 432203 42,". 1 i <1' 115, &W l`tD.rQ4n cc 55003222 16,800 518 N%A Ciearview CC 55069074 15,800 487 N\A Horizon CC 55100325 12,900 398 8,200 Horizon CC 55155378 28,000 863 N\A Horizon 142,900 4,478 200,000 Rill 52985 19,500 601 40,000 Horizon RIM 53017 5,300 194 N \A Clearview RM 53025 14,900 459 47,162 horizon 40,700 1,254 87,162 55189385 55,200 2,695 N\A Total 23$800 86427 287,152 *- Source SNB- Sale price for colour shaded parcels is combined price. Noted safe price per April 2, 2014 transaction. We transaction for these properties dated May 5, 2015 for $1 per parcel. 315 Vacant- Comer Rothesay Av \ McAllister or. Current - Realty Tax Zoning PID Assessment Levy CR 306787 1,505,800 73,527 CR 55186357 1,157,300 56,509 CR 55225296 369,600 18,947 CR 55165807 11130,100 55,182 4,162,800 203,264 U Google Maps — Rothesay Ave Saint John Future Use Map if the proposed rezoning goes forth, what is the impact on the market & tax assessment values of those vacant lands? What will be the impact on those who have invested, held and pay realty taxes on these lands with the understanding that, per the Municipal Plan, future large commercial and retail developments will be directed to the existing Regional Retail Centres? Will this be a net growth or merely a dilution of the tax base? Policy W-4 (con't) f. Is an appropriate use within the land use designation being sought for the property, and the proposal is consistent with the specific policies regulating development in the designation; The intended use 1 development of these lands does not fit the definition of the requested Commercial Corridor zoning. g. Adequately addresses and mitigates any significant environmental impact. The proposal is for the development of 120 acres of land, of which, roughly 40% is regulated wetlands and, in its entirety, is situated in a flood plain (see Saint John Flood Plain Map page 13). As such, this development is unlikely to address \ mitigate flooding issues in the region but rather has the potential to exacerbate them. Specific Concerns on this issue will be discussed further in the Storm Water Management Section. 5 316 Portion of Devel�ment_Falls outside the Primary Development Area (PDA) Perthe Municipal Plan, the establishment of the Primary Development Area was to target "growth and reinvestment to the existing urbanized area of the community." As evidenced by the PDA map, a significant portion of the proposed development lies outside the boundary of the PDA. Per Policy LU-8, Council shall "not permit development Serviced with municipal water and wastewater services beyond the boundaries of the PDA without first changing the boundaries of the PDA which will require an amendment to the Future Land Use map... ". As outlined in the previous section, requested amendments to the Future Land Use map contravene policies of the Municipal Plan and, therefore, no such changes to the PDA boundary should be contemplated. Further to this, Policy LU -9 states that Council may "consider amending the boundaries of the Primary Development Area boundary when a comprehensive review of the Municipal Plan has taken place, as outlined in the Implementation Chapter of the Municipal Plan." Has a comprehensive review of the Municipal Plan taken place? Saint John Primary Development Area Map Stormwater Manaeement and Flood Risk of Proposed Development As with many in the region, McAllister Place has been impacted by the flooding issues of the Glen Falls and McAllister Regional Retail Centre regions and remains very sensitive to anything that may exacerbate them. Prior to 2008, McAllister Place remained relatively unscathed from the effects of flooding issues of East Saint John as evidenced by the City of Saint John's Flood Plain Map (see page 13) which shows McAllister Place being outside the flood plain boundary. However, that all changed on Feb 13th, 2008 when the City received 79 +/- mm of rain which, when combined with snowmelt and the high tide (7.5m @ 16:00 hrs — considered a low high tide), resulted in the 317 City's stormwater drainage system backing up into the McAllister Place stormwater system. This also resulted in water levels in the regulated wetlands to rise and overtop the ring road in the southeast parking lot (behind Sears — Zellers). Given the combined water amounts from the rainfall and snowmelt ( +8 deg. temperatures), it was believed that that this was an anomaly, a rare event. However, on September 7th of that year, the City received 104 + /- mm of rain resulting in another flooding even. It had become apparent that these were not isolated incidents and there was now an ongoing flooding issue at the property. Given Saint John's geographic location, we are not unaccustomed to heavy rainfall and high tide events. Even though it remains at the forefront of our thoughts, it was surmised that this was not an environmental change issue but rather a structural change to the stormwater drainage system of East Saint John. Therefore, the search began to identify what physically changed in the region to affect the drainage \ flooding patterns in the City. 318 As evident from the following aerial photographs, the only change of note in the region had been the East Point development: OW Of Saint John ZD07 Ak Photos CRV of Saint John 2009 Air Photos 319 In several meetings with City Engineers to discuss the increase in flooding issues in the region and McAllister Place, Engineering staff were unable to provide any detail as to a cause forthe changes nor solutions to mitigate their impact. They were also adament that the East Point development has had no impact on the increase in the regions flooding issues. We accept the City's word on this as stormwater retention intiatives (i.e. underground storage in voids in the rock fill) have been implemented during the development and that East Point's stormwater drainage flows down Retail Drive and not towards McAllister Place. However, questions regarding this remain given that: - East Point Inc. is currently involved in a lawsuit (SX- 219 -12) concerningthe improper engineering and construction of the storm drainage system on Site 2 of the development; - East Point's development has generated surplus rock fill which has been extensively used throughout the East Point site development itself. This rock fill is a member if the shale family and is considered a soft bedrock which, in turn, means it can be easily broken down and compacted when handled. When broken down and compacted, the voids necessary for water retention are lost as bigger pieces become smaller and are then rearranged into a denser state. Was this shale \ rock fill used for East Point's stormwater retention system and has it been tested to ensure that the required volume of stormwater storage is actually available ?; - with the phased development, the impact on stormwater retention capacity remains unknown with large portions of the develoment which, having its vegitation and soils stripped, have had an exposed bare rock surface for a number of years, - During several heavy rainfall events, mainhole covers on Retail Drive were reported to have been blown off due to the force and volume of stormwater corning down off the East Point development; - Anything that adds more water to the Marsh Creek watershed \ drainage system, has the capacity to affect all those, including but not limited to Glen Falls & McAllister Retail Cenre regions, that are connected to it In 2011, McAllister Place's previous owner Cadillac Fairview invested significant capital resources in response to flooding issues that arose at the property beginning in 2008. In addition to replacing the entire storm drainage system in the North and Southeast parking lots, this work entailed the construction of berms (yellow lines) and the installation of shutoff gate valves (red circles) to isolate these parking lots from the City's stormwater drainage system (see page 10). To deal with the rainwater coming down unto the propery, we have 8 portable trash pumps to pump stormwater from our catchbasins over the berm and into the regulated wetlands area. In response to the September 11th, 2015 rain event, we are currently reviewing the installation of another shutoffgatevalve (blue circle) and options forthe Sport Chek \ Parkway entrance on Westmorland Road (orange circle). 320 I - ..F y Opp Flor As a property owner in this region, a primary concern in this is that City Engineering Staff have yet to identify a reason for the changes nor implementable mitigation solutions. In a presentation to Council following the September 11ah, 2015 flooding events, Mr. Bill Edwards stated that the City has invested over $21 million in flood mitigation initiatives since 2007. As reported by Mr. Edwards, much of that work has resulted in appreciable improvements in the flooding issues and we commend the City on those efforts. Although undoubtedly worthy projects, much of the effort to date on this file has been focused on the City's West side and Millidgevill while a comprehensive flood mitigation solution for the East has yet proven to be elusive. Previous proposals such as pumping stormwater to Drury Cove ($91 million +), revamping the Courtney Bay Causeway, creating storage via an earthen darn in Glen Fails and upgrading the Mystery Lake dam have been deemed to be cost prohibitive and\or impracticle to implement. It is evident that the City shares these concerns as the Municipal Plan provides that Common Council shall: Policy LU -62 — "Require the preparation of a comprehensive stormwater management plan that addresses current flooding and stormwater management issues in the McAllister Regional Retail Centre, and propose — 10 321 T Flor As a property owner in this region, a primary concern in this is that City Engineering Staff have yet to identify a reason for the changes nor implementable mitigation solutions. In a presentation to Council following the September 11ah, 2015 flooding events, Mr. Bill Edwards stated that the City has invested over $21 million in flood mitigation initiatives since 2007. As reported by Mr. Edwards, much of that work has resulted in appreciable improvements in the flooding issues and we commend the City on those efforts. Although undoubtedly worthy projects, much of the effort to date on this file has been focused on the City's West side and Millidgevill while a comprehensive flood mitigation solution for the East has yet proven to be elusive. Previous proposals such as pumping stormwater to Drury Cove ($91 million +), revamping the Courtney Bay Causeway, creating storage via an earthen darn in Glen Fails and upgrading the Mystery Lake dam have been deemed to be cost prohibitive and\or impracticle to implement. It is evident that the City shares these concerns as the Municipal Plan provides that Common Council shall: Policy LU -62 — "Require the preparation of a comprehensive stormwater management plan that addresses current flooding and stormwater management issues in the McAllister Regional Retail Centre, and propose — 10 321 measures to mitigate and/or resolve them, prior to malor new development in the McAllister Regional Retail Centre. Council shall seek the cooperation of property owners in the McAllister Regional Centre to successfully implement the stormwater management plan" [emphasis added] Policy NE -32— "Support flood - proofing initiatives to protect property and people in floodplains and flood - prone areas Including the Glen Falls area and the McAllister Regional Retail Centre." Policy NE -33— "Prepare a comprehensive Stormwater Management Master Plan for areas within the Primary Development Area that are at risk of flooding to mitigate and resolve issues in these areas...." As of January 27th, 2016, the stormwater Management Master Plan initiative has not commenced nor has there been a date confirmed as to when this initiative shall be undertaken. As the location of the proposed development currently sits outside the McAllister Regional Centre, on the surface, it appears that LU -62 should not apply. However, upon review the Saint John Flood Plain Map (see page 13), it is quite clear that the proposed development location, Glen Falls and the McAllister Regional Centre are not 3 separate systems. Rather, they are all part of one large contiguous and complex system with the Marsh Creek watershed being the common conduit through which stormwater drainage occurs. Therefore, the Municipal Plan should be amended so that lands that are applicable to Policy LU -62 would be extended beyond the boundaries of the McAllister Regional Retail Centre to encompass Glen Fails and the proposed development location. That this moratorium should remain in place until the comprehensive study is performed and a Stormwater Management Master Plan for the region is produced. Until then, the City's Engineering Department are reviewing \ approving developers' stormwater management plans without a complete understanding of how the development will affect the overall system nor costs associated to mitigate the incremental risk. In fact, it can be construed that the City had already envisioned issues with the proposed Ashburn Rd lands as it cannot be mere coincidence that the boundary of the Primary Development Area Map loops down to specifically exclude the portion of the proposed development land containing the regulated wetlands: GeaNa Map Viewer City of Saint John Primary Development Area Map 11 322 Horizon Management Ltd.'s proposal submission indicates that the results obtained from the "stormwater models indicate that the development.. will not have a negative effect on flooding in the Marsh Creek watershed." That adequate compensatory storage capability exists on the Marsh Creek property (pid 55189385) to make up for the loss 17,000 cubic meters of flood storage if the Ashburn Lake properties are developed. These assertions raise the following questions: - the proposal suggests the use offsIte compensatory storage for its stormwater management. This means that more water, and faster, will be leaving the Ashburn Rd properties to go downstream to the Marsh Creek property. Does the stormwater modeling used identify the impacts that this faster runoff on the surrounding water courses 1 ditches that are currently at capacity ?; - is this compensatory storage elevation dependent and is it functional throughout a wide range of water levels ?; - does the stormwater modeling take into account tidal impacts such as those experienced in the Bay of Fundy ?; - did the stormwater modeling include the potential impacts on the Glen Falls and McAllister Regional Retail Centre areas ?, - without a comprehensive Stormwater Management Master Plan forthe McAllister Regional Retail Centre, how do we know if the 3tormwater models used by Terrain Group Inc. are applicable and \ or adequate ?; - do the stormwater models used take into account the impacts of climate change — i.e. more intense rainfall events, over a longer period of time in conjunction with higher sea levels \ tides ?; - did the stormwater models used look at run -off being the same pre and post developments based on a 100 year 24 hour event.?; - if so, why does Moncton stormwater modeling require predevelopment be based on a 100 year + 20% 24 hr event with post development being a 5 year 24 hr event; - as Moncton's current stormwater management policies require no ground absorption, do the stormwater models used for this proposal account for heavy rainfall events in winter where the ground is frozen and snowmelt provides additional run -off ?, - given current market conditions, what are impacts of the project being a phased development, and therefore, phased installation of the applicable stormwater systems? 12 323 f 0 M , � • _ •s ��'r r.', -� � �q - "+1 fir {vw �� rrr"'rrr -•- � ,'s� °4-"" i' �`. S :'� Glen Falls f z. ' � -fix. - � • "` . - �''.+^"�" •'y;��' a�- ~ Is 11 74. McAllister Plate Ai festpoint 324 Saint John Flood plain Map 13 Municipal Infrastructure The Horizon Management Ltd, submission states that "...the project will result in low incremental capital and operational costs to service this development while producing significantly new revenue for the City". While the assertion of significantly new revenues forthe City is somewhat anecdotal in nature, the statement that there will be incremental capital and operational costs to the City can be taken as factual. Costs for such items as- - on L off ramps at Rothesay Ave and Foster Thurston will need to be upgraded (NBDTI); - Ashburn Rd ,& Rothesay Rd will need to be reconstructed and widened; - intersection with Drury Cove will need to be re- aligned upgraded; -traffic signaling at all intersection; - upgrades to train bridge (CN Rail) at the end of Rothesay Ave which currently limits the widening of the lanes as well as the flooding issues; - will NB Power transmission lines that currently pass through the Ashburn Rd and Marsh Creek properties be required to move ?; - sanitary sewer system likely to require lift station and water services upgraded and extended. Although not an exhaustive list, the above noted items all come with significant price tag and the question remains, who is responsible to finance these incremental capital and operating costs? Horizon Management Ltd.'s proposal submission implies that it is the City that should incur the costs of the required municipal infrastructure costs. However, this is counter to Policy LU -61 f. which states that Council shall: "Ensure that infrastructure improvements made necessary by a developer are generally the financial responsibility of the developer." It is conceded that this policy is in relation to development within the Regional Retail Centres land designation area. However, if this Municipal Plan and zoning amendment application should be approved as is, despite its myriad of issues, this policy should be extended to include this proposal as it is for the development of a large commercial and retail node. This is even more critical given the City's current financial constraints and to do otherwise would be construed as the City providing an undue subsidy. A subsidy forthe development of questionable lands situated outside the Primary Development Area as well as the area designated by Municipal Plan for Regional Retail Centre developments such as this. Conclusion Through an exhaustive consultative process, the Municipal Plan was developed as a framework to guide future development that benefits the whole community through sustainable and compact growth. To foster intensified development which results in the growth of the tax base while leveraging existing municipal infrastructure. To end the practice of scarce Municipal infrastructure dollars chasing developers who desire to build on cheap land on the peripheries of the Primary Development Area. The requested Municipal Plan amendments and rezoning should not be granted as this one such development. 14 325 We also understand that the Municipal Plan is not intended to be static but rather a living document intended to adapt to the evolving realities of the City. However, it is also intended that fundamental amendments to the Municipal Plan should also be done through an informed and consultative process. Upon closer review, it quickly becomes apparent that, in addition to the noted technical \ procedural issues, Horizon Management Ltd.'s requests are not for simple amendments but rather entails some fundamental changes to the Municipal Plan and PlanSJ: - do large commercial & retail development nodes conform to Commercial Corridor zoning? - is it no longer the intent of the City of Saint John to direct future large commercial & retail developments to the designated Regional Retail Centres? - is it the intent of the City to allow large scale developments it the East Saint John flood plain prior to the completion and implementation of a comprehensive Stormwater Management Plan despite the hightened sensitivities of the residents of Glenn Falls and propery owners in the McAllister Regional Retail Centre? - is it the policy of the City of Saint John that municipal infrastructure upgrades required for large commercial retail developments be financed by the developer or does the City finance and, in effect, provide a subsidy; Prior to these questions being answered in an open and consultative process, the requested Munipal Plan amendments and rezoning should not be granted. The proponent is asking for the amendments and rezoning to give it license to further investigate the feasibility and costs of the project. Noted areas of investigation required are Municipal infrastructure upgrades (water & sewer, traffic roadways & signalling and stormwater management), site geotechnical analysis and environmental requirements for developing lands containing regulated wetlands. These require input, direction and approval from not only the City of Saint John but from NBDTI, NBDOE, NB Power and CN Rail (Transport Canada ?) as well. The requested Municipal Plan amendments and rezoning should be tabled until these items are identified, quanitifed and costed as well as having the prequisite departmental \ agency approvals in place so that Council shall be able to make an informed decision. Thank You, David Greene General Manager, McAllister Place Primaris, A Division Of H &R REIT 519 Westmorland Road, Saint John, NB, E2.1 3W9 326 is Com-anera-a-1 DFV Pro amiss Limb ed 44 AR 0 7 2016 March 7, 2016 Planning Advisory Committee c/o City of Saint John, Community Planning & Development P.O. Box 1971 Saint John, NB E21, 4L1 Horizon ro " We at Commercial Properties wish to add our voice to the growing chorus of individuals and companies supporting The Crossing, the development at Ashburn Road being planned by Horizon Management Ltd. This will be an important retail and residential development that will add greatly to the economic base and quality of life of our community. We all win when Saint John becomes a city that more people "drive in" to rather than "drive by." This project will make Saint John more attractive to visitors, convincing them to leave the highway to explore all that the city has to offer. It also creates important new retail options for both businesses and consumers. Horizon Management Ltd. has a proven track record of developing projects in Saint John including the major retail development known as EastPoint Shopping. We would expect a similar. professional and community - minded approach with the development of The Crossing. Saint John has made progress in recentyears. Our uptown is growing more lively and vibrant each day. Our retail sector is expanding, and The Crossing will help make Saint John an even more special place to live and work. Thank you for your consideration. Yours truly, Paul Moore, Vice President and General Manager Commercial Properties Limited 400-58 King Street, PO Box 201144 Saint John, New Brunswick Y E2L 582 Phone: 506.635 -6000 , Far 50"35 -6006 • www.co.mmercial- properties.ca 327 *,tea rater SUPPLY Lihcc ?�0 March 10, 2016 Mayor Norton and Councillors City of Saint John P.O. Box 1971 Saint John, NB Re: Horizon Management Development Mayor Norton and Councillors; Water & wastewater Treatmre PO. Banc 1= Sent John, NB 0& 4W ft" 508 Btu SM • F=508 833 0031 e- ercm{: �.oe NAR 10 2016 Please approve the development that Horizon Management Limited has proposed for vacant land adjoining the Throughway and Ashburn Lake Road. I have heard Council members express their belief Saint John has a Revenue problem on many occasions and this project will generate a great deal of new Revenue for our city. The Northrup family have shown by the their history of developments in East Saint John that they create first class developments whether it is the East Pointe Shopping Centre with its numerous tax generators or the Leon's building, their Mazda dealership and the many more properties they own in the city. They know what they are doing and we taxpayers benefit from their development efforts. It is disappointing to read that some existing businesses in the area are asking you to stop the development because it will compete with them for customers. In my near half century of business here in the city I have never seen that before and feel that goes against free enterprise. I don't recall the Uptown businesses squawking when Parkway Mall was first proposed for McAllister Drive or when Jim Baig built McAllister Mall. Saint John needs businesses with our double taxation, much of which flows back from the province to the city in the form of unconditional grants. It has always been tough for businesses in Saint John with so many obstacles to deal with and the high taxes which continue to climb faster than inflation when they are used to fund wages and benefits rather than programs in the community (I speak as a person who has run a business in Saint John for over four decades). New development generates new Revenue as which is what we need much more than increased assessments or a potential higher tax rate, Respectfully submitted, X R /� aqt'—, G.A. (Sandy) Robertson by email to Mark Reade, Planning Department mark. reade(cDsai ntiohn _ca 328 EDIFICE DEVELOPMENT INC. J P.O. BOX 6096 11 SAINT JOHN, NEW BRUNSWICK, E2L 41115 RE; The Crossine Chairman and PAC Members, MARCH 14 In viewing the proposal it is unclear as to whether there is a provision for providing access to PID # 55066278. The concept plan received by mail -out clearly includes this property as being included in the development which is another thing we are unclear on. We look forward to having these questions addressed by the developer and are prepared to meet with the developer to discuss the same. We would also like to meet with city staff to see if appropriate conditions can be set out in the approval prior to the Public Nearing by Common Council. If the Planning Advisory Committee would note this in their recommendation to Common Council it would be very much appreciated. Once we have answers to the above points we will be able to express our support or otherwise to Common Council. Regards, Malcolm Boyd President 329 Reade, Mark From: External - Planning Sent: March -15 -16 2:03 PM To: 'wheatley @nbnet.nb.ca'; jwheatley @horizonmgt.ca Cc: Reade, Mark Subject: FW: The "Crossing" Attachments: DSC00190.JPG; DSC00191.JPG; 100_2599.JPG; 100_2601.JPG Received the attached today. Ljmaa Lockhart Community Planning & Development Services T:(506)658 -2835 F: (506) 658 -283 0 From: Cest Moi [mailtomallacefalls ahoo.cal Sent: March -14 -16 6:50 PM To: External - Planning Subject: The "Crossing" Dear Sir/Madam, This email is in response to the letter we received from the city concerning the proposed development referred to as "The Crossing ". My wife and I reside at 48 Foster Thurston Drive (P.I.D. #00053413), and our property is bordering directly on the proposed site for the corner of Ashburn Road and Foster Thurston Drive. We haven't any opposition to this development but, our only concern is a spring which flows from our property across the proposed site and empties into the stream at the corner. This spring is our drinking water and should be accommodated with a culvert under the backiill which certainly is necessary to develop this site. This spring has significant outflow, especially after any heavy rainfall. I have attached a few photos of the spring. Sincerely, Vaughn Ss Wendy Murphy 48 Foster Thurston Drive Saint John, NB E2K 5J3 330 r 0 r r i�- Y �� t: _ i�.� +r � ♦ �,� "�f�� 5• � FFF f� 1 ��•1T(`j i _� ' - .��^:3°7Cy_�..X. . t 3•• . \�1ti� b - � TAI � ✓� R �t1 4 � r N OV OVA. I 4W iR '04 r '� 1; 1 k., oo VIP ANN* -40 JOG , � W� � !i, -.� -- BY -LAW NUMBER C.P. 106 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW ARRETE No C.P. 106 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a 6dict6 follows: ce qui suit : The Municipal Plan By -law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A - City Structure, by redesignating parcels of land with an area of approximately 65.4 hectares, located at 459, 617 -885 and 540- 900 Ashburn Road also identified as being PID Nos. 00296673, 00357327, 00432203, 00052985, 00053017, 00053025, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, and 00418160; and a parcel of land north east of the One Mile Interchange, also identified as being PID No. 55189385, from Park and Natural Area and Rural Resource Area (outside of the Primary Development Area); Urban Reserve, Stable Area and Employment Area (within the Primary Development Area), to Employment Area, Stable Area and Park and Natural Area (within the Primary Development Area) classification; L'arr&6 concernant le plan municipal de The City of Saint John d6cr&6 le 30 janvier 2012 est modifi6 par: la modification de Fannexe A - Structure de la municipalit&, afin de faire passer la designation des parcelles de terrain d'une superficie d'environ 65,4 hectares, situ6es 459, 617 -885 et 540 -900, chemin Ashburn, portant les NID 00296673, 00357327, 00432203, 00052985, 00053017, 00053025, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, et 00418160; et une parcelle de terrain situ6e au nord -est de 1'6changeur One Mile, portant le NID 55189385, de secteur de parc et aire naturelle et secteur de ressources rurales (hors du principal secteur de developpement); reserve urbaine, secteur stable et secteur de d'emploi (dans le principal secteur de developpement) a secteur de d'emploi, secteur stable et secteur de parc et aire naturelle (dans le principal secteur de developpement); 2 Amending Schedule B - Future 2 la modification de Fannexe B - Land Use, by redesignating the same parcels of land from Park and Natural Areas and Rural Resource (outside of the Primary Development Area); Urban Reserve, Stable Commercial and Commercial Corridor (within the Primary Development Area) to Commercial Corridor, Stable Residential and Park and Natural Areas (within the Primary Development Area) classification; 3 Amending Schedule A - City Structure, by designating the portion of Ashburn Road, between Foster Thurston Drive and Rothesay Road, and the portion of Rothesay Road, from Ashburn Road to Rothesay Avenue, as a Commercial Corridor. - all as shown on the plans attached hereto and forming part of this by -law. Utilisation future des cols, afin de faire passer la designation des parcelles de terrain pr6cit6es de secteur de parc et aire naturelle et secteur de ressources rurales (hors du principal secteur de developpement); reserve urbaine, secteur commercial stable et corridor commercial (dans le principal secteur de developpement) a corridor commercial, secteur residentiel stable et secteur de parc et aire naturelle (dans le principal secteur de developpement); 3 la modification de 1'annexe A - Structure de la municipalit6, par d6signer, a 1'annexe A du plan, la partie du chemin Ashburn, entre promenade Foster Thurston et chemin Rothesay, et la partie du chemin Rothesay, entre chemin Ashburn et avenue Rothesay, comme corridor commercial. - toutes les modifications sont indiqu6es sur les plans ci joints et font partie du pr6sent arr&& 335 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. 2016 and signed by: Mayor EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2016, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 336 BY -LAW NUMBER C.P.111- 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 fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 35.3 hectares, located at 459, 540 -900, and 885 Ashburn Road, also identified as PID Nos. 00296673, 00357327, 00432203, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, and 00418160 and a portion of PID No. 00053025, from Rural (RU) and Future Development (FD) to Corridor Commercial (CC). 2 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 12.8 hectares, located at 617 Ashburn Road, also identified as PID Nos. 00052985 and 00053017 and a portion of PID No. 00053025, from Rural (RU) to Mid -Rise Residential (RM). 3 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 17.3 hectares, located north east of the One Mile Interchange, also identified as PID No. 55189385, from Future Development (FD) to Park (P). - 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. 2016 and signed by: ARRETE No C.P. 111 - ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6cr&6 ce qui suit : L'arr&6 de zonage de The City of Saint John, d6cr&6 le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 35,3 hectares, situ6es au 459, 540 -900 et 885 chemin Ashburn, et portant les NID 00296673, 00357327, 00432203, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, et 00418160, et 6tant aussi une partie de NID 00053025,de zone rurale (RU) et zone de d6veloppement futur (FD) a zone de corridor commercial (CC). 2 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 12,8 hectares, situ6es au 617 chemin Ashburn, et portant les NID 00052985, et 00418160, et 6tant aussi une partie de NID 00053017, de zone rurale (RU) a zone de batiments r6sidentiels de moyenne hauteur (RM). 3 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 17,3 hectares, situ6e au nord -est de 1'6changeur One Mile, et portant le NID 055189385, de zone de d6veloppement futur (FD) a zone de parc (P). - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arr&6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2016, avec les signatures suivantes : 337 Mayor/Maire Common Clerk/Grefiier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 338 BN1 Ad Number: 8 1 73398 R Ad ID; 7110326 Ad Legacy: 8173396 Current Date: Mar 04 2016 04:09PM Advertiser Name: Saint John Common Clerk Start Date: 3/10/2016 Advertiser Code: S71206 End Date: 3/29/2016 Size: 4.00 x 20.66 in. Color: B/W Sales Rep: Elizabeth Cook Client Approval OK ❑ Corrections ❑ PROM MMIINMME91.1 "iimOPAMET ANO zomen 6T -LAW HE: 4W, 417,118S AM 560-900 ASMWILN Ma W ANO A PAMEL OF LANO NOOTNEAET OF7HE ONE MU INEEROIANGE Pubk Nnlioz k h-1y pNen rhea die Common CourcO of m [0., 9f Seim John inlerds w r ,ld amraldirrg the Mmklpd OewkpneN Plm and The Clly or salr6luhn zmAg 65�1aw n ik regukr metl:Ag w be hdd in the Comol Oramb, m Moad.y, AprO 4,1016 el �3O p.IP., b'; i- 0.ede4gna0ng, en srdreduk A d are PI.n, perceb d Ind with rea d.PP,_Lely ESA hecl.rcs, Iaukd.l 459, 617- 685 and 540906 Ao hum Read alw Idmtlied ,b.kg PIPN s 002966]3,00357317,00431203, 00052985.OM33UJ 7, 000.530M 55003722. 5306974, 55100325, 3515538, 00297143, 00297895, aM 00418160; and a Parel of Imd narlh -1d tla On, AAk Kord—k .k, Itleml6ed as being ND Ne, 55189385"' i916kated bdeag Iran A.rk 6naNahad (oobidlhFL Rssrw Arm (aablfe a1 EAr ::Oerebpaarl Away Ibbmr 6.reew, 3aa9/e. M6 A^W^1d^bA^e" (.Md. 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I 9�a =L, 6582162 339 (aussi disponible en franFais) Type of Application 21 ® Municipal Plan Amendment Zoning ❑ Subdivision El Similar /Compatible Use ❑ B} -law Amendment Amendment El Variance ❑ Temporary Use ❑ to Section 39 Conditions Zoning Confirmation ❑ Conditional Use ❑ Change/ Re- establishment of Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information w )�ril 1 �rl� tt i em 11:_'G, Name of Applicant ��?i �� ✓i Mailing Address of Applicant (with Postal Code) PO �e ii i t; v ` I nn h� F\ E? 4G7 Home Telephone Number r ija Fax Number 506-634-2236 Work Telephone Number 506-634-5717 Oon. )��inc,, qernent Name of Property Owner (if different from applicant) _ -I e i e r l o a tt ac n eo A -,k Mailing Address (with Postal Code) "C) Box 1 ' 8Q, `3aint John i I_ c- r_-21 4.G7 Property Information Locationl h bUrn Roadl& Fi()Ui S�!1, Avenue refer in attacheo list Civic # Street AID Existing Use of Property Undeveloped Proposed Use of Property G o rn rid e rd{�Ca. Existing Plan Designation ofPropettAttachC�',rgA-,'- Proposed PlanDesignationofPropt:q Attacher�d A -3 Existing Zoning of Property AtIpched A-2 Proposed Zoning of Property ttached A -3 Description of Application Describe what you propose to do (attach additional pages if necessary). Reefer to attachecz A -A. NOTE: If the applicant is NOX Zwner t wn is signature or authorization (in writing) to submit this required. Signature of Applicant Signature of Owner Date / c C e�l � Date For Office Use Only 8 ro ec-1 —# i G.- 2 Reviewed by �Date Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ Tentative Subdivision Plan ❑ Floor Plans ❑ S la 00 v ❑ Building Elevations ❑ Sign Drawings Fe ' L� ❑ Other cp. P. O. Box 19715aintJohn, Na Canada E2t4t1wwwsaintJohn. oaC. P .1971SaintJohn.N:a. Canada E2t411 may, SAINT 101IN 340 DEC 18 2015 Asburn Road Property Ownership Attachment "A -1" Properties Ashburn Road Properties 1. 296673 2. 297143 3. 297895 4. 357327 5. 418160 6. 432203 7. 52985 8. 53017 9. 53025 10-55003222 11. 55069074 12. 55100325 13. 55155378 Marsh Creek Property Owner Horizon Management Ltd. Horizon Management Ltd. Horizon Management Ltd. Horizon Management Ltd. Horizon Management Ltd. Horizon Management Ltd. Horizon Management Ltd, Clear View Mobile Homes Ltd. Horizon Management Ltd. Clear View Mobile Homes Ltd. Horizon Management Ltd, Horizon Management Ltd. Horizon Management Ltd. 14. 55189385 Horizon Management Ltd. Note: Properties not owned by the applicant are in the ownership of a company associated with Horizon Management Ltd. and permission will be granted from this owner to Horizon Management Ltd. to develop these properties. 341 Asburn Road Property — Current Designation & Zoning Attachment "A -2" Properties Municipal Plan Ashburn Road Properties Zoning 1. 296673 Urban Reserve /Park & Natural RU 2. 357327 Urban Reserve /Park & Natural RU 3. 432203 Urban Reserve /Park & Natural FD 4. 52985 Rural Resource RU 5. 53017 Park & Natural RU 6. 53025 Park & Natural RU 7. 55003222 Park & Natural RU S. 55069074 Park & Natural RU 9. 55100325 Park & Natural RU 10. 55155378 Park & Natural RU Corner Properties 11. 297143 Urban Reserve FD 12. 297895 Urban Reserve FD 13. 418160 Urban reserve FD Marsh Creek Property 14. 55189385 Urban Reserve 342 FD Asburn Road Property — Proposed Designation & Zoning Attachment "A -3" Properties Municipal Plan Ashburn Road Properties 1. 296673 2. 357327 3. 432203 4. 52985 5. 53017 6. 53025 7. 55003222 8. 55069074 9. 55100325 10.55155378 Corner Properties 11. 297143 12. 297895 13.418160 Commercial Corridor Commercial Corridor Commercial Corridor Stable Residential Stable Residential Stable Residential Commercial Corridor Commercial Corridor Commercial Corridor Commercial Corridor Commercial Corridor Commercial Corridor Commercial Corridor Marsh Creek Property 14. 55189385 Parkland & Natural 343 Zoning CC CC CC RM RM RM CC CC CC CC CC CC CC P Horizon Management Ltd. Municipal Plan and Zoning By -law Amendment Application Attachment "A -4" Dec 18, 2015 1. Ashburn Road Development — "The Crossing" Horizon Management Ltd. has assembled a number of properties in East Saint John and is considering a development project to be known as "The Crossing ". This proposed development presents the City of Saint John with an exciting opportunity to benefit from a very unique commercial, retail, recreational and mixed use destination node offering facilities and services not currently available or contemplated for this region. The scope and quality of The Crossing development would be like no other destination in Atlantic Canada. Amendments to the City's Municipal Plan and rezoning of the properties would provide the developer with the license to invest in the next steps of the project. A key part of these next steps would be putting together the framework for a Developers Agreement with the City. This agreement would outline the specific relevant issues related to the development and establish responsibility for addressing these items that would then, and only then, permit this project to proceed to the design and construction phases. The concept of The Crossing could not be executed on any other site available within the city limits. The development of the 120 -acre parcel of land adjacent to Ashburn Road would be integrated with another 60 -acre parcel of land running along Marsh Creek that would be available to create an eco -park environment. The combined development of these two properties would be designed to create a "gathering place for community, commerce and tourism to shop, work, reside and play ". Located on the only available, highly visible and easily accessible highway site near the center of the city, the project would capitalize on its natural setting to attract residents, business and tourists to gather to work, live and play. Constructed to high architectural standards, with the East Point Shopping development being the benchmark, The Crossing would take a new approach to creating a mixed use site for community, commerce, hospitality and tourism, presenting opportunities for the development of services and attractions not presently available in our community. The location of this site next to major highways and city thoroughfares is paramount to the construction of this development project. 1 344 The Ashburn Road location adjacent to a major provincial highway and several city traffic arteries presents a unique opportunity to our city for this development. The Crossing would create a gateway destination that would both increase the range of services available, as well as foster greater use of existing services within the city by residents, businesses and visitors. The parallel development of a Marsh Creek Eco -Park would open up additional green space in which area residents and visitors could enjoy the regions natural beauty and would expand the active transportation links in our area. The economic impact on the city would be very beneficial with a very significant increase in property tax revenue combined with the creation of hundreds of jobs. The developer has already invested significant resources and money in preparing independent technical reports determining that: ➢ Water and sewer infrastructure required for the project would capitalize on the underutilized water line formerly used to service Kennebecasis Park in Rothesay and existing capacity in the sewage system constructed by the City for the Drury Cove development. ➢ Flood plain, storm water management and environmental requirements for the site are addressed with the availability of the nearby 60 -acre Marsh Creek property to provide flood plain and wetlands compensation. ➢ Transportation infrastructure improvements will be required and a planned traffic study will identify both the specific details and timing of needed upgrades to traffic control and roadways adjacent to the development. This traffic study will be undertaken subsequent to the rezoning of the property. 2. Business Case ... for the City and the Developer The primary functions for The Crossing development are predicated on its central, visible and accessible location to service Greater Saint John and the entire Atlantic region. The Crossing is ideally situated to be used by traffic accessing and exiting Saint John. Equally as important is the ability to easily direct traffic to any destination in the Greater Saint John area from this site. Development of this highway centric site within the city will provide the opportunity to capitalize on the similar types of development seen in other centers and that does not currently exist here in Saint John. The Crossing development will create a destination unrivaled in size and visibility in Atlantic Canada. The establishment of a host of new businesses and services to the community would generate both direct and indirect employment positions. Considerable jobs would be 2 345 created at stores and services established at the site and there would be considerable spinoff benefits to other businesses in the city benefitting from increased visitor traffic to the area. Significant new property tax revenue will be generated from the proposed 180 -acre development. The proposed construction of some 500,000 square feet of new mixed use buildings would result in millions of dollars being added to the City's property tax base resulting in very significant new revenue stream for the city. The location of the site, proximity of existing city services and the concentrated nature of the project will result in low incremental capital and operational costs to service this development while producing significantly new revenue for the City. 3. The Location The concept of The Crossing could not be executed in any other site available within the city limits. This development offers the unique opportunity to create an important density of infrastructure that does not exist in Greater Saint John and which is required to sustain the range of services to be offered at the site. The location of The Crossing will also serve to secure Saint John as the gateway entry point for visitors travelling into Atlantic Canada from the northeastern United States. Currently Saint John is to often seen as a "drive by, not a drive in" location. The Crossing would help to change this perception by providing a visible and convenient exit point from the highway to attract travellers to stop, learn about and visit our city. The Crossing development will be positioned to capture tourist and commuter traffic before they reach other service centers like those located in the Kennebecasis Valley, Salisbury and Moncton. This site has the ability to create a very attractive visual environment to enhance Saint John's image and to encourage people to discover and explore all that our city has to offer. 4. The Marsh Creek Eco -Park The creation of a sixty -acre park running along the shores of the newly rejuvenated Marsh Creek would open up a totally new nature experience for residents and visitors and provide a vital link for ACAP's proposed walking trail linking the city center with east Saint John, Rockwood Park and outlying communities in the Kennebecasis Valley. 3 346 5. Plan SJ The proposed development of The Crossing along with the Marsh Creek Eco -Park aligns well with many of the stated objectives contained in the City's recently published municipal plan, Plan Si. The proximity of The Crossing site to existing city streets and services capable of meeting the requirements of the development will result in minimal new city infrastructure requirements to service this project. A report completed by Crandall Engineering describes the water and sewage services available in this area. The Crossing development will result in a substantial investment for the east side of the city and will incorporate services and features that will beneficially impact surrounding neighborhoods including the city core. Creating a gateway location to draw traffic off the highway will encourage travellers to visit many of our City's great attractions including those situated inn the city center. Providing incentives and attractions for city residents, businesses, bedroom community commuters and visitors to our region to spend more time and disposable income within the City of Saint John will result in significant direct and spinoff benefits to our city. Both The Crossing and the Marsh Creek Eco -Park will make a significant contribution to the natural environment of our community. The Crossing project will open up access to Little Marsh Creek as it winds through this commercial and community development. The Marsh Creek Eco -Park will open up access to what has been for years a hidden gem of nature in our own backyard. A walking trail along the newly cleaned up Marsh Creek waterway will provide Saint John residents with a unique natural setting to enjoy without leaving the city and will also serve as a key link connecting the City with the Kennebecasis Valley. The Crossing development and the Marsh Creek Eco -Park will create important links in the regions goal of connecting the City center with outlying areas with an active transportation link. The combined Crossing development and the Marsh Creek Eco -Park will present the opportunity for a walking/biking trail that would provide an important segment of ACAP's proposed link in East Saint John as well as between the city center and the Kennebecasis Valley, The Crossing project has the capability to provide a wide range of community amenities, similarly found in other communities, and on a bigger and better scale. This will enhance Saint John as a desirable location in which to live, discover and explore as well as make a significant economic contribution to the city. Services and attractions not currently available to the city, ranging from highway services to improved access to our natural areas, will contribute to making our city a more attractive destination for residents and visitors alike. The construction of new buildings and facilities will add significantly to the tax base providing additional revenue to support the city's budget needs. 4 347 6. The Development The range of services that would be appropriate for The Crossing would attract community and specialty lifestyle mixed use services and shops, highway services, hotel courtyard, food services, tourism and welcome center, business park, outdoor market and events venue, entertainment and a residential component. The location of the development would encourage both residents and suburban commuters to utilize and enjoy services within the City of Saint John, provide businesses that desire easy highway access and visibility an ideal city location and would present tourists with a convenient gateway to our region which does not exist today. The development of The Crossing would be a large step towards establishing Saint John as a "Drive In" rather than a "Drive Through" city. The architecture of The Crossing would follow a southern colonial style theme to create a unique and welcoming atmosphere for both area residents and visitors to our area. The layout of the site would be integrated with Little Marsh Creek that runs through the property. The creek would form a focal point for the development and the natural theme of the development would compliment the Marsh Creek Eco -Park with its walking trails and natural setting. 7. Site Technical Issues A number of engineering and technical studies have already been completed to assess the suitability of the proposed site for development. Site Services - Crandall Engineering Ltd. was retained to review the site services requirements including sanitary sewers, potable water and storm water. Their conclusions are summarized as follows: ➢ The existing water main feeding Drury Cove is a 200 mm (8 inch) pipe that is in turn fed by a 300 mm (12 inch) pipe on Rothesay Road. Crandall's are of the opinion that this line would be sufficient to provide domestic water flows and fire protection to the proposed development. ➢ The city has an existing sewage lift station located on Drury Cove Road that transfers sewage through a 150 mm (6 inch) force main. Preliminary estimates indicate that this station piping has additional capacity. Additional study is required to determine what upgrades would be required to handle the expected flows from the proposed development. 348 5 Storm Water Management & Flood Plain - Terrain Group Inc., subsequently Genivar and now WSP Canada Inc., completed a Hydrology and Hydraulic Report for the proposed site and makes an important observation: "The results obtained from the stormwater models indicate that development of The Crossing will not have a negative effect on flooding in the Marsh Creek watershed." The Terrain Group report estimates that the development of the Ashburn Road site would eliminate approximately 17,000 cubic meters of flood storage. The report identifies the capability to create up to 400,000 cubic meters of compensatory storage on the Marsh Creek property, which is being proposed as an integral part of this development. The report also identifies the possibility of creating an additional 125,000 cubic meters of flood plain storage on city lands located on the opposite side of Marsh Creek from this former CN Rail property. Only a small portion of these lands would need to be utilized to provide sufficient flood plain compensation for the proposed development. The Terrain Group report concludes that: ' ?he development of The Crossing has no negative impact on flooding in the Marsh Creek watershed whether the storage is constructed or not.*' Geotechnical - Fundy Engineering and Consulting Ltd. was retained to carry out geotechnical work at the site to determine development requirements required for the site. 8. Environmental Stantec Consulting Ltd. prepared a report, "Ashburn Road Properties — Environmental, Constraints ", outlining the environmental issues related to developing the Ashburn Road property. The developer is full aware of the environmental approvals required to develop the proposed site, including the likelihood of a provincial EIA Report, and will seek these approvals once the necessary municipal plan amendments and rezoning approvals have been received. A permit for Watercourse and Wetland Alteration (WAWA) has been issued by the Province to allow the installation of culverts to facilitate work on the property. To date the culverts have not been installed and no work has been started on the property. 6 349 9. Site Plan & Architectural Renderings The attached proposed site plan and architectural renderings clearly illustrate the attractiveness and quality that will dominate this development and create what will certainly be considered an "Atlantic Canada first " destination site here within the City of Saint John. 7 350 9 P E Vmmmm� zaasvorlaoaa The Crossing Saint John, New Brunswick, Canada ® aai�rmore.naoziaz o zom av Om t2000 T w w. �a�am• 212e ^.gym Concept Site Planning - December 16, 2015 351 352 353 ± - - �- - \ pff�mw mGm] ■ f,11 W. `o, � z � � x 354 p � � & ^ {� }� �■ � � {� ^ , z:� f � . � }■ � � / � | 355 Clear View Mobile Homes Ltd. 479 Rothesay Avenue P.O. Box 1289 Saint John, N.B. F2L 4G7 December 30,201-5 Mark Reade Senior Planner Planning and Development Department City of Saint John 10'h Floor City Hall Saint John, N.B. Dear Mr. Reade: RF: Application to Amend Municipal Plan and Zoning By-Law Horizon Management Limited and Clear View Mobile Homes Ltd. PIN 53017 and 55003222 (the "Properties ") Clear View Mobile Homes Ltd. does hereby authorize Horizon Management Limited to make application on its behalf to amend the Municipal Plan and Zoning By-law of the City of Saint John for the Properties, said application dated December 18, 2015. Please acknowledge receipt. Yours truly, Clear View Mobile Homes Ltd. Per: `— William H. Teed 356 17 March 2016 To: members of Common Council, City of Saint John Re: Application from Horizon Development Ltd and Clear View Mobile Homes to create a commercial corridor, residential neighborhood, and green space —i.e. to develop the park and natural areas, namely: 459, 617 -885 and 540 -900 Ashburn Road and a Parcel of Land Northeast of the one Mile Interchange Let me begin by stating that I attended PAC, 15 March 2015, considering the application noted above. I was impressed by the deliberations that took place and by the fact that McShane, Miller, Brideau and Faulkjer were particularly well prepared and that they asked good questions and made insightful comments. In particular, they were appreciative of the considerable risk to which members of committee and council, as well as the city of Saint John and the taxpayers of this municipality could be exposed if this project is not properly operational ized. I will speak to that issue later. I would also like to acknowledge that the staff from Community Planning and Development also prepared a detailed assessment of the Horizon proposal. They were, of course, hampered in their efforts by the fact that the proposal was far from complete-2 factor also noted by committee members in their deliberations. Indeed, it was remarked that the proposal was submitted prematurely and that this compromised full and complete consideration of the proposal. Nonetheless, I appreciate staff efforts in itemizing deficiencies and setting benchmarks for the approval process. At the same time, as one of the residents who will be most affected by this development, and as a taxpayer I think I have something of value to add to Common Council deliberations. Let me offer my comments on the deficiencies of this proposal as they appear in the report tabled by PAC (11 March 2016) – specifically point #5 (pp.3 -4) and in Section 39 Conditions (p13): Traffic Impact Study That the developer has not yet undertaken a number of necessary studies that would facilitate the approval process is inappropriate and suggests to an outsider like myself a lack of commitment in the process if not the proposal itself. It also strikes me that in the absence of data on the volume of traffic currently using Ashburn Road or without actuarial projections on expected increases (if any) councilors cannot make an informed decision on the viability or even need for such a project? The absence of a detailed study of traffic patterns also suggests indifference to--or ignorance of --the current problems plaguing the Rothesay Road interchange generally and that with those of Ashburn Road specifically. Traffic delays are a daily occurrence and after even a moderate rainfall the roads are blocked and police dispatched to monitor vehicular traffic because the roads are impassable. This is doubly so along Ashburn Road. This road is routinely under water when it rains, as is the junction of Ashburn Road and Old Drury Cove Road. There has been a temporary remediation of flooding through the digging of a twelve foot wide ditch along Old Drury Cove Road, but that ditch is often full and is clearly unable to handle run -off generated by further development. That these problems have not even been identified by the developer is problematic. As we've been assured by many levels of government, decisions such as these are to be based on an evidence-based approach not on hope and faith, and I would hope that process would prevail here because once approved, even "in principle" as suggested by staff, it will almost impossible to rescind approval even if the data suggest that is the best course of action. 357 It is also noted that the developer has not prepared a Market Study. In other words, how do we know that there is even a market for the services being proposed? Does a good business plan not require some hard data? If, for example, they are trying to attract customers that would normally stop in Moncton or in PEI or in Halifax, perhaps it would be useful to have market studies from those sites. I am no marketer but I do know that decisions cannot be made without data. Site Servicing Study Again, the absence of an evidence -based report is troubling. City staff has pointed out that the lift station situated on Drury Cove Road is inadequate to handle the effluent produced by the proposed development, but that is all we have in terms of data. Moreover, nowhere is the problem of raw sewerage entering the marsh at the west end of Ashburn Road mentioned. Surely this is a health hazard and requires remediation in light of the proposed development; will Horizon underwrite this cost or will it be borne by the taxpayers of Saint John? I'm not saying that the developer should bear the costs of this longstanding problem; I'm simply pointing out that it needs to be considered and costed as either a taxpayer expense or as a developer expense. Surely a developer like Horizon has the professional expertise to detail such costs with a fair degree of accuracy. Stormwater Management Study As a resident of the "Highlands" who lives nineteen feet above the highwater mark (as stipulated by provincial regulations) I do not see my property as coming under water by this development. I do, however, see an exacerbation of current problems of access and egress into Drury Cove. As it is, a heavy rain results in knee deep water at the entrance to our neighborhood making the road all but impassable unless driving an SUV or truck. This situation happens less frequently now that the City has trenched alongside the road creating what we affectionately call the Drury Cove Ditch, but it happens nonetheless. The stormwater situation in the Glen Falls watershed has been a problem for decades and the proposal before me does nothing to diminish my concerns about the flooding problem to which we are subjected all too often. The proposed Ecopark might serve as an inexpensive option to hold some of the standing water that is always present in the marshes along Ashburn Road, but so far as I can see that proposal is far from convincing. Is the developer prepared to make major investments in stormwater management or is it hoping the taxpayers of Saint John will pay for the privilege? The most recent effort to deal with what can no longer be considered "once in a hundred year event" was a complicated system of aqueducts draining into Drury Cove —a fantastical project that was seriously considered until the price tag in excess of $90 million was presented to Common Council. Is Horizon prepared to follow up on the recommendations of studies such as those previously paid for by taxpayers because the City of Saint John approved residential development in an area that should not have been developed and because homeowners in parts of east Saint John have endured years of flooding as a result? Is Horizon also prepared to cover the costs of ensuring that the "Crossings" remains high and dry? If not, who will pay? If the flooding problem is not adequately solved, who will be responsible for what are now being categorized as "unanticipated" future events? As the General Manager of McAllister Place pointed out at PAC, the required remediation for flooding in that area will not take place until 2018 —fully ten years after the flooding began in 2008 —and the City of Saint John is undertaking to fix a problem that (coincidentally ?) appeared after the City approved development of an area covered by pine forest and now occupied by East Point. (Please note: these are my contentions not those of the GM of McAllister Mall.) Will the taxpayers of Saint John be similarly called upon to deal with complaints when the vendors at the "Crossing" find their businesses periodically and predictably flooded? EIA Registration That the developer has not bothered to register with the Provincial Environmental Impact Assessment Process is problematic given that there are protected lands under provincial jurisdiction within the targeted site for development. Detailed Development Plans I found it curious that PAC approved the project "in principle" but that the application was changed to exclude the residential development. This strikes me as contrary to normal procedure. If the PAC wanted revisions to the proposal it should have been referred back to the developer who could then decide whether to proceed with the residential component included or not. That said, Horizon has offered only the most superficial overview of their plans for this development. If I compare the development plans of the Ashburn Road project to that of the new Irving Building —also presented at PAC on 15 March 2016 —the difference is striking. Irving had several professionals involved in the project present at PAC, including their architect, and they answered specific questions about design, setback, and usage in light of architectural drawings submitted. These were not just hazy artistic renderings like those from Horizon, but professionally drawn plans. Horizon offered a vague description of what might be there, stating it would be like the Welcome Centre on PEI, except bigger. As a resident of the area, that assertion was actually troubling. It also made me wonder what demographic the developer has in mind for the residential neighborhood in the Crossings: who exactly would want to live right next to a Welcome Centre? In other words, the development plans were a dog's breakfast. Everyone in the room was apparently just supposed to let their imaginations do the hard work that the developer had not. My last point has to do with 5.g (p.4) I am more than a little concerned that the City would contemplate any cost- sharing proposal for the "Crossings." This is a half- baked, pie -in -the -sky proposal that pales in comparison to other matters before Council: water treatment comes to mind, but there are countless other projects that serve the public good and are in need of funding. Horizon is proposing the Crossings as some kind of economic generator and so it presumably stands to profit from the venture, consequently, Horizon should foot the bill for the entire project —if approved. Additionally, if this project comes to pass, there will no doubt be countless "unanticipated" expenses that the City will be called upon to fund (eg. flood remediation a la McAllister Place and Drury Cove) and it would be prudent to save for those expenses rather than invest in a commercial venture that has not yet been shown to materially improve — financially or otherwise —the City of Saint John. Respectfully submitted, Debra Lindsay 111 Fox Point Road Saint John 693 -9846 359 1 April 2016 Dear Mayor Norton and Members of Council, Attached is a letter concerning the Application from Horizon Development Ltd regarding its proposal to develop THE CROSSING, as a commercial corridor, residential area and green space. I attended the developer's presentation to the PAC on March 15, 2016. At that meeting three people spoke in opposition to the proposal. Two of these, Mr. David Greene and Dr. Debra Lindsay, sent written comments to you and the Common Council. Their detailed analyses of the difficulties in the general area were covered comprehensively and I will not be repeating their concerns. My observations which were presented orally to the PAC are briefly outlined below: WATER ISSUES: For 35 years as a resident of Brookville I have watched the annual Spring freshet flooding at the intersection of Rothesay Road and Ashburn Lake Road and the disruption it creates in the traffic flow. Rain storms in late summer and early Fall have also been known to create flash flooding. (As illustrations, please refer to the attached photographs.) I do NOT recall seeing the word "FLOODING" in the Horizon Crossing proposal. TRAFFIC ISSUES: Each afternoon a phalanx of vehicles descends at this intersection en route to homes in the Valley. Even on a dry day this creates a huge bottle neck. It is difficult to see from the proposal presented on March 15 how THE CROSSING could be easily accessed from the highway or even Rothesay Road with the current road system.... As it barely "handles" the existing traffic. ERRANT DEVELOPERS (not to imply that the current proposal, if it is approved, will end up the same way but this has been our experience): About 10 years ago a development was created called the Highlands of Drury Cove. To date maybe half of the lots have been sold and the original developers of that project have long since moved on. In their pitch to the surrounding areas (including Brookville) we were told that walking trails and biking trails would be built into the Highlands project. Today a drive through the Highlands reveals overgrown trails that are barely passable for foot traffic! I have often wondered who is in charge of holding developers to their promises. The developers are gone and with their departure so are their promises. Finally, as an ordinary citizen who periodically walks through our various malls, especially Brunswick Square and McAllister Place and notices the empty spaces awaiting rental, I ask myself how is a city that continues to experience population shrinkage able to justify the creation of additional retail space along 360 the highway in a water logged piece of ground — substantially removed from the McAllister Place and East Point developments. I have attached photographs of the principal intersection (Rothesay Road and Ashburn Lake Road) as a reminder of the environmental reality and challenges of this location. What has surprised me is that the City Planning Department did not seem to grasp the severity of the water and traffic issues and was apparently unable to adequately recognize the serious impediments to a development of such magnitude at this location. Equally surprising at least one Councilor publicly endorsed the proposal, claiming, "...it's a wonderful idea, we're backing it." [https: / /ca. news.yahoo.com/ saint - john - developer - proposes- major- 165627471.html Accessed 10/1/2016] Two members of the PAC committee, Mr. Miller and Ms. McShane, voted against the proposal, claiming, as I recall,that they did not have sufficient information to support the proposal. Insufficient information is an understatement!! The PAC, the Common Council, the City need a more thorough proposal that considers the underlying issues of this project: water, traffic, and lastly, the alleged need for such a development. Kindly let me know that this email has reached you. Thank you. Elizabeth W. McGahan 1107 Rothesay Road Saint John, NB E2H 2H9 361 Fall 2012. Fall rainstorm viewed from Rothesay Road looking towards Ashburn Road intersection. In background is entrance to Highlands of Drury Cove. In foreground are wooden barriers placed by city to block access to Ashburn Road, currently the only entrance to the proposed development from Rothesay Road. 362 Fall 2012. View of flooding from Rothesay Road looking towards Ashburn Road intersection (by blue house). Impassable as shown in following slide. This situation is a common occurrence at least two times a year necessitating a re- routing of all traffic that uses the 'back road' to Millidgeville , the Regional Hospital and UNBSJ. Flooding at this intersection impacts hundreds of people each year who commute to either the university, or the hospital for morning tests. Before one shovelful of ground is moved on the proposed development site, the water issue must be uncontestably settled. 363 Fall 2012. One lane traffic on Rothesay Road near approach to Ashburn Road intersection.... A routine occurrence following heavy rainfall in this area. 364 Fall 2012. Flooding under the CNR railway bridge.... Blocking access from highway to proposed new development on Ashburn Road. 365 Received Date March 22, 2016 Meeting Date April 04, 2016 Open or Closed Closed Session His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: 150 Year Centennial of Canada Background: Motion: That Council hear an update from Bernard Cormier or the committee on the 150 year centennial of Canada as to the preparations for the celebrations to be held in Saint John. Respectfully Submitted, (Received via email) David Merrithew Councillor Ward 4 City of Saint John l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 366 March 11, 2016 To: Saint John City Council RE: Motion to Request Scheduling of Presentation by Hassan Arif Concerning his dissertation titled The Metropolitan Problem in Greater Saint John. Back around Hassan Arif, a student at the University of New Brunswick, has chosen to complete his dissertation for a doctor of philosophy by preparing a dissertation titled The Metropolitan Problem in Greater Saint John. The dissertation outlines historical trends such as mass automobile ownership, the suburbanization that came with that and the dispersion of population in many city regions. In addition, his dissertation considers in particular detail regionalist approaches to suburbanization and the legacy of the 1967 regional amalgamation of greater Saint John. The insights discussed in the dissertation may be of significant value to staff and future Council members as they contemplate policies and approaches for growing Saint John - both in terms of its population and the tax base. Motion That the Common Clerk schedule a time for a presentation by Hassan Arif by not later than the end of April, 2016, to review his conclusions and answer questions from members of Council that may arise from the presentation. Respectfully, Mayor Mel Norton {L0208319.1} SAINT JOHN —ter P.O. Box 1971 Saint John, NB Canada E2L 4L7 I vwvw,saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 367 e,r -. , ( [ , Received Date March 27, 2016 Meeting Date April 04, 2016 Open or Closed Open Session His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: SCDWP — Local Workers Background: Further to the previous item on Open Session from Councillor Lowe on "making sure our local contractors and citizens obtain work from our Safe, Clean Drinking Water Project ". From that report we were assured that everything possible would be undertaken to make sure that our local contractors and workers were given consideration, I would like to go a few steps further and have the sub - contractors identified and what work projects they will be involved in. I feel this is very important and I do understand that price and ability will determine who obtains the contracts; I do want to know for sure if all local contractors have been given the opportunity and just what the difference was in the bids. This is a huge local project, the largest in our history and the people of Saint John are paying for this Safe, Clean Drinking Water Project through their taxes. It is critical to me that it be done in a very fair and safe manner and the answers, without facts to back up the information, are not good enough. Since the major Company, Port City Water Partners, is working for us and we have stressed this issue to them from the very beginning, I would like to be privy to the facts. As far as I am concerned we have the right to this information and if it is an issue of pricing or whatever, as a representative of the people we should be made aware. Motion: Refer to the City Manager to investigate with the company, Port City Water Partners, how sub - contractors were chosen, names of local contractors involvement if any, and include if no local contractors involved, are individual workers being obtained locally. This should be public information so I do not feel that I am requesting any information that the public should not be made aware of. Respectfully Submitted, (Received via email) Shirley McAlary Councillor at Large City of Saint John l� — VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 •i COUNCIL REPORT M &C No. M &C 2016 -89 Report Date March 29, 2016 Meeting Date April 04, 2016 Service Area Finance and Administrative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT. 2015 Preliminary Year -End Results OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager David Merrithew Chair Finance Committee Kevin Fudge Jeff Trail RECOMMENDATION It is recommended that Council approve the amortization of the remaining balance of the deferred pension expense as of December 31St, 2015 related to the defined benefit pension plan prior to conversion to the shared risk plan. EXECUTIVE SUMMARY The purpose of this report is to advise that your Finance Committee met on March 15, 2016 to review preliminary year -end results for the year ended December 31, 2015. The results have not been audited, therefore, final results may differ from the ones presented in this report. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT The report provides an update on the Economic Health of the City of Saint John. REPORT GENERAL OPERATING FUND In the summer of 2015, the Commissioner of Finance projected that the City was heading towards a serious deficit, estimated at the time to be $3.5 million dollars, due to the severe winter weather experienced earlier in the year. This deficit would 9 -2- not only be consequential for 2015, but would carry forward as the first charge in the 2017 General Operating Budget. Through the leadership of the City Manager and Common Council, mitigation measures were put in place in an effort to reduce the year end budget shortfall. The measures include but are not limited to. • Delaying /deferring filling of staff vacancies; • Freezing discretionary spending such as travel, training, etc.; • Deferring buying materials and equipment. The mitigation plan was successful. As of December 31, 2015, the City recorded a surplus of approximately $1.417 Million. Although this surplus appears significant, to put it into perspective, on an overall budget of $151 million dollars, the variance between the actual results and the budget is less than 1% (0.94% ). Total revenues exceeded budget by approximately $622K while total expenditures were under budget by approximately $795K. In 2010 and 2011, the City had to borrow $4.9 Million and $3.5 Million respectively to make going concern payments related to the defined benefit pension plan. The Province allowed the City to amortize these amounts over 7 to 8 years. As of December 31, 2015, the remaining balance of the deferred pension expense is $1 Million. This means the City has to expense $250K a year over the next 4 years to amortize the remaining balance. A proposal to amortize the remaining balance of the deferred pension expense in 2015 was submitted by Staff to the Finance Committee and the proposal was approved. The revised year -end results after recording the $1 Million deferred pension amortization were a surplus of $417K, or 0.28 of a percent. The attached Appendix 1 highlights revenue variances, of which the major variances are: • Protective service revenues were $179K over budget mostly due to a surplus in Police Extra Duty Officer revenues for $117K and a Police agreement with the Province for approximately $48K; • Administrative support revenues were $290K under budget due to lower general government charges to the Utility Operating Fund and lower pension administration service revenue; • Permits & licenses were $566K under budget because of lower building, plumbing and excavation permit revenues as a result of fewer building permits and lower building permit value; • Parking & dangerous building revenues were $216K over budget due to higher recovery of demolition costs and higher POPA ticket revenue; • Other revenues were $967K over budget because of additional revenues from LED street lighting, Market Square revenue sharing, insurance proceeds and vacation accrual true -up. 370 -3- The attached Appendix 2 includes expenditure variances by categories. Below are highlights of major variances: • Wages & Benefits were under budget by $1.08 Mil due to delaying or deferring filling staff vacancies, personnel on long term disability, workers compensation and early layoff of casuals; • Overtime was $1.4 Mil over budget mostly due to severe winter, which caused outside workers and fleet service staff to work overtime; • Vehicle, building & equipment rentals were over budget by $1.1 Mil mostly because of harsh weather conditions, which resulted in the state of emergency; • Fiscal charges were $432K under budget due to borrowing less and lower interest rates; • Other charges were $699K over budget because of various benefit program true -up at year -end based on actuarial valuations, Heart & Lung liability accruals, and other contingencies; • Pension was $1Mil over budget due to the additional amortization of deferred pension expense as mentioned above; • Materials, tools and supplies were $530K under budget because certain equipment purchases were put off and less money was spent on materials and supplies in an effort to mitigate the budget shortfall; • Fuel was $299K under budget because of lower fuel price; • Travel and conferences were $392K under budget as training, development and travel costs were frozen; • Professional and contracted services were $463K under budget because certain engineering work was delayed, some planned projects were not completed, the translation of by -laws was deferred to 2016 and limited fund was spent on legal and professional services in an effort to control costs; • Other general services were $663K under budget because discretionary spending, for example, advertising, repair and maintenance, carpentry, etc. were deferred for budget mitigation purposes. Some planned projects, such as citizen survey and reporting tool, certain preventative maintenance work, trail cutback and tree planting were deferred. Overall, 2015 was a year of significant financial challenges. All service areas were required to curb expenditures to mitigate the budget shortfall due to harsh winter conditions. This has resulted in various service impacts; however, the 2015 preliminary year -end results reflect financial accountability to tax payers. 371 -4- SAINT JOHN WATER The preliminary year -end financial results for the Utility Fund are presently in a surplus position of approximately $667K, which represents a variance of 1.57 %. This surplus is due to a combination of a positive variance in operating expenses of approximately $1.105 Mil offset by a shortfall in revenues by approximately $438K. REVENUES The attached Appendix 3 highlights Utility revenue variances, of which the major variances are: • Flat rate residential has a negative variance of $262K as the budget was calculated using an estimate of 16,580 flat rate accounts. The actual billings were for 16,375 for 2015. The decrease is a result of flat rate conversions to metered accounts in a trailer park, as well as more demolitions and abandoned properties than budgeted. In total there were 66 new accounts added, 203 accounts deleted and 34 accounts changed. • The metered revenue experienced a negative budget of $336K. Metered revenues experienced a shortfall to budget due to consumption falling below than budgeted. • Fire protection and storm sewer revenues were under budget by $125K given the charges were calculated based on operating expenses which were under budget. • Other revenues were over budget by approximately $286K due to an increase in interest charges, leachate revenue and HST rebate from MasterCard purchases. EXPENDITURES The Utility Fund operating expenses were under budget by $1.105 Mil for various reasons (See Appendix 4 attached). Details on a number of larger variances are provided. • Wages and benefits were in surplus by $186K due to vacancies in skilled worker positions, a customer service specialist, operators and the Deputy Commissioner position. This was offset by a budget deficit in overtime of approximately $334K due to the difficult winter conditions and frozen services in early 2015. • Professional services were under budget by $415K in an effort to mitigate the overage in overtime. Some planned projects were deferred and some other projects required more staff time to research before proceeding. 372 - 5 - • Contracted services ended under budget by approximately $439K because there were less breaks than anticipated required less Utility cuts, as well as the contracted unit cost tendered lower than the amount budgeted. • Electricity was under budget by $237K because there was less pumping from Musquash than anticipated. • Fiscal Charges were under budget by $515K due to less capital work completed than projected as well as the City secured lower interest rates through debentures than budgeted for. • Bad Debt expense was over budget by $245K due to accounts that have been deemed uncollectible because of bankruptcy or vacancy. This amount may be recovered through a pending sale of a number of properties by the end of March. • In Other Goods & Services, tipping fees were over budget by $174K due to fully operational harbor cleanup infrastructure and higher amount of sludge removal than budgeted. • Operating supplies were over budget by $252K. This is primarily driven by pumping failures from an increase in wastewater and rainwater in the system and the costs to fix or repair the pumps. • Other General Services were over budget by $110K. This was a result of higher rentals because of the harsh winter. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input has been received from all Service Areas Respectfully submitted, David Merrithew i Chair - Finance Committee Attachments: Appendix 1 Appendix 2 Appendix 3 Appendix 4 373 APPENDIX 1 REVENUES Residential Property Tax Federal Payment in Lieu of Taxes (PILT) Equalization & Unconditional Grant Surplus 2nd previous year Protective services Sports and Recreation Emergency Dispatch Administrative Support (Finance - Account Services) Permits & Licences (Building Permits, Planning, Garbage & IT) Parking (Parking Meters, Market Square, Parking Violations & Dangerous Building) Rentals Other TOTAL REVENUES 374 2015 BUDGET 2015 ACTUAL VARIANCE 118, 325,922 118, 325, 922 0 120,729 120,729 0 20,935,308 20,935,308 0 567,702 567,702 0 1,350,200 1,528,982 178,782 900,027 945,467 45,440 943,662 944,417 755 2,153,000 1,862,872 - 290,128 1,280,500 714,559 - 565,941 2,796,900 3,012,768 215,868 845,504 915,858 70,354 923,900 1,890,522 966,622 151,143,354 151,765,106 621,752 APPENDIX 2 - 2015 EXPENDITURES BY CATEGORIES EXPENSES Salaries & Benefits Salaries & Benefits Overtime Total Salaries & Benefits Goods & Services Building, Vehicle & Equipment Rental ABCs and Grants Other Charges Fiscal Charges Long Term Disability Other Charges (Heart & Lung, Contingencies) Pension Total Other Charges Other Goods & Services Materials, Tools, Supplies Property taxes & Assessment Charges Fleet Fuel Equipment & Building Maintenance Insurance Tipping fees and Waste Collection Roads Utilities Communication Travel & Conferences Professional & Contracted Services Other General Services Total Other Goods & Services Total Goods & Services TOTAL 2015 Budget 2015 Actual VAR 72,201,179 71,119,958 1,081,221 1,215,209 2,650,453 - 1,435,244 73,416,388 73,770,411 - 354,023 5,686,158 6,807,110 -1,120,952 12,507,727 12,589,854 - 82,127 15,766,676 15,334,890 431,786 1,310,000 1,255,108 54,892 1,510,003 2,209,339 - 699,336 9,244,000 10,326,386 - 1,082,386 27, 830, 679 29, 925, 724 -1,295,045 8,166, 909 7,637,121 529,788 2,370,426 2,312,836 57,590 1,670,052 1,371,050 299,002 2,106, 689 2,198,481 -91,792 1,140,817 1,113,441 27,376 1,496,700 1,468, 504 28,196 2,365,000 2,329,706 35,294 5,217,738 5,055,680 162,058 981,613 901,525 80,088 943,362 550,868 392,494 2,61 3,170 2,1 49,718 463,452 2,629,926 1,966,424 663,502 31, 702, 402 29, 055, 352 2,647,050 375 77,726,966 77,578,040 148,926 151,143,354 151,348,451 - 205,097 Appendix 3 - 2015 Revenues by Service Saint John Water 2015 2015 Approved Year End 2015 Preliminary Results Budget Actual Variance Revenues Flat Rate Residential 18,794,000 18,531,586 - 262,414 Metered Accounts 19,092,000 18,755,454 - 336,546 Fire Protection 2,500,000 2,400,000 - 100,000 Storm Sewer 975,000 950,000 - 25,000 Previous Years Surplus 560,000 560,000 0 Other 450,000 735,758 285,758 Total Revenues 42,371,000 41,932,798 - 438,202 376 APPENDIX 4 - 2015 SAINT JOHN WATER EXPENDITURES BY CATEGORIES EXPENSES 2015 Budget 2015 Actual Variance Salaries & Benefits 1,238,000 1,220,994 17,006 Salaries & Benefits 9,420,589 9,234,813 185,776 Overtime 454,800 798,898 - 344,098 Total Salaries & Benefits 9,875,389 10,033,711 - 158,322 Goods & Services 9,925,000 9,925,000 0 Professional Services 1,022,700 607,856.15 414,844 Contracted Services 1,282,000 842,548.78 439,451 Electricity 1,873,730 1,636,329.13 237,401 Other Charaes Fiscal Charges 7,831,000 7,315,266 515,734 Pension 1,238,000 1,220,994 17,006 Other Charges (LTD, Contingencies) 369,000 331,152 37,848 Bad Debt - 244,969 - 244,969 Internal Charges 614,000 660,000 - 46,000 Capital from Operating 9,925,000 9,925,000 0 Reserve Funding 488,000 488,000 0 Total Other Charges 20, 465, 000 20,185, 381 279,619_ Other Goods & Services General Government 1,829,000 1,579,000 250,000 Water Supply Province 150,000 101,516 48,484 Fleet Charges and `Fuel 1,438,482 1,367,220 71,262 Equipment & Building Maintenance 194,427 242,579 - 48,152 Insurance 168,751 150,086 18,665 Tipping fees & Waste Collection 185,500 359,252 - 173,752 Operating Supplies 2,211,336 2,463,540 - 252,204 Property Taxes 315,200 302,196 13,004 Training, Travel, Membership 102,000 49,943 52,057 Other Goods & Services 49,997 26,587 23,410 Other General Services 1,207,488 1,318,102 - 110,614 Total Other Goods & Services 7,852,181 7,960,020 -107,840 Total Goods & Services 32,495,611 31,232,135 1,263,476 TOTAL 42,371,000 41,265,845 1,105,154 377 a COUNCIL REPORT M &C No. 2016 -90 Report Date March 29, 2016 Meeting Date April 04, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT. Sand Cove Road Slope Failure — Interim Measures OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Michael Hugenholtz Michael Hugenholtz I Jeff Trail RECOMMENDATION It is recommended that: 1) Common Council approve reallocating $158,087.00 including HST of the remaining General Fund budget surplus from the Exmouth Street and Golding Street — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project (M &C 2016- 70) to support the installation of pore water pressure relief wells as outlined in this report. 2) That the work for the installation of relief wells and associated design, testing and monitoring be awarded to Fundy Engineering for the amount of $158,087 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY Council is aware of the threat to Sand Cove Road due to an adjacent slope failure. Staff continue to examine various options for the permanent protection or re- routing of the roadway as indicated during the last update to Council on March 7, 2016 and anticipate reporting back in the upcoming weeks. Given the uncertain timeline of any permanent solution and the risk to the roadway and other infrastructure in the area presently staff are recommending the installation of wells to strengthen the weak soils layer as an 'interim' measure. 378 sa PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT N/A REPORT As outlined in a previous report (M &C 2016 -45) this area is prone to slope failures and it is likely to continue in upcoming years. The contributing factors are a weak soils layer and erosion from wave action. These slope failures jeopardize the public infrastructure in the area as well as the private residences impacted. In addition to the roadway there are also water and sanitary sewer piping, and storm sewer piping. The roadway beyond the point of failure serves approximately half a dozen private residences, a cemetery, a gravel pit and the Irving Nature Park. The options being examined as a permanent solution include re- routing the roadway away from the area of slippage and the construction of a breakwater to prevent the slope failure and subsequent erosion. Either of these solutions are likely to come at a very high cost, and could take several years to implement when taking into account land acquisition, investigation and design, permits and budget authorization. In the meantime the roadway is at risk of failure, along with it access to private properties and the Irving Nature Park. During the investigation the possibility of using a system of wells to reduce the pore water pressure in the weak soils layer was examined. If successful this will strengthen the soils and slow the rate of future failures. On its own this option is not a permanent solution but it may be a way to 'buy time', and reduce the risk of failure until a permanent solution can be implemented. This approach will involve the installation of a line of wells along the toe of the slope along with piezometers to measure the pore water pressure and additional inclinometers to measure any movements of the soil. While the initial test wells will be installed in the public ROW at McLaren's Beach Road, other wells will be installed on adjacent private property and will require the permission of the landowners. It is anticipated that this work will be undertaken using an incremental approach, in that monitoring devices will be installed and an initial well drilled. The success of the initial well will be evaluated before additional wells are designed and installed. Obviously if this approach does not have an appreciable impact on the pore water pressure in the adjacent soils this project will be scaled back accordingly and results communicated back to Council and other stakeholders. 379 -3- Fundy Engineering has submitted a proposal at a cost of $158, 087 to undertake this work and associated monitoring. Given their involvement in the project to date and their knowledge of the soil conditions they are the natural choice to proceed with this additional work. SERVICE AND FINANCIAL OUTCOMES A previous report to Council indicated that there was a surplus in the General Capital Fund Budget based on projects tendered to date. It is proposed that sufficient funds be re- allocated to support this project. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This engagement is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS Plan View of Sand Cove Road :1 a COUNCIL REPORT M &C No. M &C 2016 - 94 Report Date March 30, 2016 Meeting Date April 04, 2016 Service Area Finance and Administrative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT. Lily Lake Pavilion Inc. OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Kevin Fudge Kevin Fudge I Jeff Trail RECOMMENDATION It is recommended: 1. That the City provide Lily Lake Pavilion Inc. (LLP Inc.) a one -time operating grant of $100,000 to offset losses incurred in Community Programming for the years 2011 -2015; 2. That the City reduce its capital commitment to LLP Inc. by $100,000 so that the City's overall financial commitment is cash neutral; 3. That the one -time operating grant be applied directly to the Accounts Payable of LLP Inc.; 4. That the one -time $100,000 operating grant be conditional upon LLP Inc. agreeing to the following: a. All cash deposits for functions be segregated in a restricted fund and not be available for operations; b. That LLP Inc. provide to the City, upon request, monthly, quarterly or annual financial statements as well as any relevant supporting financial documentation; c. That the Commissioner of Finance, or a designate, upon request, be invited to sit in on LLP Inc. board meetings; 382 sa d. That future Community Programming be supported by a business case that adequate funding will be secured to offset costs; e. That LLP Inc. send a formal written request to the Saint John Horticultural Association (SJHA) to honor the Capital commitment made to LLP Inc. on May 6, 2010, for which $80,000 is outstanding; f. That LLP Inc. consider the governance issues raised in this report and consider a simple majority rules voting structure so that no one vote can defeat a motion or represent the votes of others; g. That LLP Inc. make a request to the SJHA to write off the amount for $6,206.31 listed as an accounts payable; EXECUTIVE SUMMARY LLP Inc. is a registered charity, non - profit organization and separate legal entity incorporated under the New Brunswick Companies Act. The liabilities of the entity are not the liabilities of the City of Saint John. LLP Inc. leases the land from the City for which the Pavilion presides. Under the terms of the lease, the City will obtain ownership of the Pavilion at the end of the lease term. Mr. James Stanley, Chairman of the Board for LLP Inc., has provided formal notice to the City Manager that LLP Inc. is facing financial difficulties. Mr. Stanley indicates without financial assistance from the City, it is likely LLP Inc. will have to cease operations and close down. The request made by Mr. Stanley in the letter was for the City to contribute, on an ongoing basis, $10,000 per month to support the operations of the Pavilion. The City Manager and Commissioner of Finance have held a series of meetings with Mr. Stanley and Mr. Robert Capson (Treasurer) since the date of the letter to conduct further due diligence, including a full financial review. Staff confirms the financial situation facing LLP Inc. is of a serious nature. Although LLP Inc. is a separate legal entity, the closure of the facility carries consequences for the community. There are weddings, dinners and receptions booked at the Pavilion up to October, 2017. Community focused programming will come to an end. If LLP Inc. enters bankruptcy, the lease would terminate and ownership of the building would revert to the City. The City would then be responsible for the operating and capital costs of the facility, as well as need to search for a new tenant. There would also be permanent and part time job losses. LLP Inc.'s financial difficulty can be attributed to operating losses in the last 5 years and a deficiency in working capital (current assets are insufficient to discharge current liabilities). Cash from operations has eroded over the last 5 383 am years due to approximately $211,000 in losses from Community Programming. In addition, LLP Inc. used approximately $81K in cash from operations to fund basement renovations in 2012. Most recently, the food and banquet business, which in the past had subsidized losses sustained in Community Programming, was in a deficit position in 2015. However the business seems to be rebounding in 2016 based on financial statements for the period February 29th, 2016. For reasons set forth in the body of the report, staff recommends the City provide LLP Inc. a one -time only operating grant of $100,000 to be applied to Accounts Payable as a stop gap measure based on a number of conditions that adds City oversight. The reduction in Accounts Payable, in addition to future Community Programming only preceding on the basis that it is supported by a business case that provides adequate funding to offset costs, will improve cash flow so that LLP Inc. can focus resources on improving the operations. The City's capital commitment to LLP Inc. will be reduced by $100,000 so that the City remains in a cash neutral position. PREVIOUS RESOLUTION Click here to enter any previous relevant resolution. STRATEGIC ALIGNMENT The recommendation in this report aligns with Council's strategic priority of Community of Choice which states Council will continue to invest in key community recreation facilities such as Rockwood Park. REPORT 1. BACKGROUND The SJHA was incorporated in 1893 to create a public park for the citizens of Saint John. Rockwood Park was officially established in 1894. At the turn of the century the first Pavilion was constructed but subsequently burned down following an electrical fire. The most recent Pavilion was constructed in 1953 and was operated by the SJHA until 1989 when the City took over operations. In the fall of 1998, the Pavilion was deemed condemned and was slated for demolition. All operations were terminated due to the dire need to carry out extensive repairs. The area attracted criminal activity and became unsafe for residents to roam. ME -4- In April, 1999, members of the SJHA spearheaded a committee to revitalize the Lily Lake Pavilion, which at the time, was estimated to cost in excess of $1.0 million dollars. The committee was headed by the r late Wallace McMurray, who made a personal contribution of $100,000 to the project. The SJHA formed a strategic partnership with the Saint John Labour Council's Franklin Hatheway Trust and the Trust donated $350,000 to assist in financing of the project and it was agreed that the Pavilion would house a Labour Museum. The SJHA launched a Capital Campaign to raise contributions from the corporate community (in particular a $450,000 donation from Canaport LNG) and from citizens of Saint John. The company Lily Lake Pavilion Inc. (LLP Inc.) was formed' and the Pavilion opened its doors in November 2006. LLP Inc. is a registered charity and a non - profit organization. Being a registered charity and non - profit organization, all funds raised by the business activities of the Pavilion, after accounting for operating expenses, are returned to the community through community recreation based programming. The business activities include the rental of the Wallace McMurray room for banquets, weddings and business meetings. In 2008, the basement area of the Pavilion was renovated to create a full service restaurant in order to generate additional revenues. Lily's restaurant was opened in 2009. On average, LLP Inc. employs 25 full time and part time staff. COMMUNITY PROGRAMMING In addition to providing many outdoor activities such as swimming, boating, canoeing, kayaking, hiking, skating, and cross country skiing, LLP Inc. provides various recreational and community based programming through fundraising efforts and subsidized by business activities. Some ismOMMI �r examples of community programming are as follows: 1) Pals in the Park Over 1500 students from 21 schools are bussed to Rockwood Park for recreational and educational activities with no charge to the students or schools; 1 Letters Patent Incorporating Lily Lake Pavilion Inc., Ref. No. 618826, Province of NB Companies Act 385 -5- 2) Recreation Your Way — a day full of activities tailored to the needs of persons with visible and invisible disabilities; 3) Movies in the Park — 9 weeks of free, family movies shown on the large outdoor screen on the side of the Pavilion; 4) Adventures in the Park — A partnership with 5 community groups to enrich their summer day camp programs with recreation and education at Rockwood Park; 5) Seniors in the Park — A quarterly luncheon in the Lily Lake Pavilion banquet room for over 200 seniors with singing, dancing and fellowship. Although LLP Inc. operations include a restaurant and a banquet service, the reality is LLP Inc. operates like a community centre, offering community based programming through fundraising and subsidized by revenues generated in the food & banquet service business. CITY LEASE AGREEMENT The City (Lessor) entered into a 60 year lease agreement2 (with 2 options to renew for a further 20 years) with LLP Inc. (Lessee) on November 21, 2005. The City agreed to lease the land and premises to LLP Inc. to renovate, reconstruct and operate the Lily Lake Pavilion. The annual rent in the lease is $1.00 on the first of each year, commencing October 15t, 2005. LLP Inc. is responsible for maintaining and keeping the premises in good repair. LLP Inc. at its sole cost and expense throughout the term is responsible for maintaining the interior and exterior of the building, for both repair and maintenance as well as capital reinvestment. The lease provides in Section 20 that should LLP Inc. become bankrupt, insolvent or has its assets subject to an execution order, etc., the City then has the right to terminate the lease. If the lease is terminated, the lease expires fully and completely as if the date of the happening of the default was the expiration of the term. The building and all other fixed improvements which LLP Inc. constructs become the absolute property of the City of Saint John at the 2 Lease Agreement between City of Saint John and Lily Lake Pavilion Inc., November 21, 2005 E:• sM expiration or termination of the lease but is deemed to be separate property of LLP Inc., and not the property of the City, during the term of the lease. It is important to note LLP Inc. is currently not in default and the City currently does not have the right to terminate the lease. CAPITAL COMMITMENT Common Council has committed $450,000 in investment to the Pavilion in the approved 2014 -2016 Capital Budgets which includes requests for a new HVAC system, new lighting in the banquet hall, new flooring in the banquet hall, audio /visual capability for the banquet hall and an elevator for those less mobile. The total spend to date is approximately $170,000 which was related to the renovation of the Banquet Hall. GOVERNANCE STRUCTURE LLP Inc. is a separate legal entity incorporated under the New Brunswick Companies Act. The affairs of the Company are managed by a Board of Directors consisting of a minimum of 4 directors and a maximum of 16, all whom are elected members of the Company. The Directors are appointed by the SJHA and the Hatheway Trustees. There is no City representation on the Board . 3 Board Member Appointee Committee John Acker SJHA Governance, Fundraising Paul Ackerman SJHA Finance Robert Capson SJHA Secretary Treasurer, Finance, Building Michael Duncan Hatheway VP Executive Building Robert Frawley Hatheway Finance Charles Hickey Hatheway Building, Programming Steve Langille SJHA President Executive Fundraising Gordon Mouland SJHA Governance, Building Patrick Riley Hatheway Governace, Finance & Programming James Stanley Hatheway Chairman The Governance model of the Board is a consensus model. For example, article 7 of the By -law states : 4 "If one or more of the Association's appointees or one or more of the Hatheway Trust's appointees is not present at a meeting, the Associations director(s) and the Hatheway Trust director(s), present at the meeting, shall at all times be entitled to cast the full number of votes allocated to his /her respective group of directors" 3 General By -law enacted on May 5, 2005 Amended By -law 2009 -1 on January 22, 2009 4 General By -law enacted on May 5, 2005 Amended By -law 2009 -1 on January 22, 2009 387 -7- Section 7.4 of the By -law states: "...if either the Association or the Trustees agree to unequal representation of the members of the Company and, because of that agreement, the directors elected, being originally nominated as members either to represent the Trustees or the Association, do not equally represent the Association and the Trustees, any proposal, motion or resolution which causes a division between all those directors originally representing the Association and all those directors originally representing the Trustees, such division will be dealt with as though it were a deadlock vote in accordance with By- law Articles 7.2 and 7.3. Certain operational and management decisions require unanimous approval, as specified in Section 3.1 of the Partnership Agreement:5 "Unless specifically provided for in this agreement, the Association (SJHA) and the Trustees (Hatheway) shall respectively cause the Company to take no action, and the Company shall take no action, without the approval of a majority of the directors of the Association (SJHA) and the approval of the majority of the officers of the Hatheway Trust" Operational and management decisions include changes to the by -laws, borrowing decisions, guarantees and loans by the Company, pledging /mortgaging /encumbering assets, compensation matters, sub - letting decisions, and delegation of authority to any officer, director or employee of the Company or to any other person, firm, or corporation. Section 7 of the By -law could be problematic, and may provide a means for any member of the Board to force a deadlock. This gives an advantage to anyone who supports the existing state of affairs; one person supporting the status quo can block a majority of members who would like it to change. If a popular proposal is blocked, widespread disagreement can occur; the opposite of the consensus process's goal. Group frustration from blocked decisions may affect the Board's ability to retain valuable skilled Board members. 2. FINANCIAL CRISIS A letter was sent to the City Manager on December 3rd, 2015 from Mr. James Stanley, the Chairman of the Board of Directors for LLP Inc., highlighting serious financial challenges facing LLP Inc. (Appendix A). Mr. Stanley indicates that LLP Inc. cannot continue to operate, nor can it provide the same community programming to the citizens unless the City provides financial relief. The letter further states without financial assistance from the City it is likely that LLP Inc. 5 Partnership Agreement between SJHA and Trustees of Hatheway Trust, May 5, 2006 WO will have to cease its operations and close down. The proposal in the letter is for an ongoing monthly operating subsidy from the City for $10,000 per month ($120,000 annually). A series of discussions and meetings have been held with LLP Inc. to conduct further due diligence, including the review of 6 years of Financial Statements, the Account Receivable and Payable Listings, the Company By -laws, the Lease Agreement. Staff also conducted manual inspection on outstanding invoices. Subsequent to conducting due diligence, Staff confirms the financial situation facing LLP Inc. is of a serious nature. FINANCIAL STATEMENTS The financial statements of LLP Inc., reviewed by an external firm, include the following note: "These financial statements have been prepared in accordance with Canadian accounting standards for not-for-profit organizations that are applicable to an organization which will continue in operation for the foreseeable future and will be able to realize its assets and discharge its liabilities in the normal course of operations (a "going concern "). However, these standards are potentially inappropriate as there is significant doubt concerning the organization's ability to continue as a going concern. Considering the operating loss accumulated in the last four years and the deficiency in working capital, the organization's ability to realize its assets and discharge its liabilities depends on continued community support." The Finance Department undertook a detailed review of the following financial statements and underlying detailed financial transactions to verify: 1. The Balance Sheet, which summarizes what LLP Inc. owns and owes at a point in time; 2. The statement of Cash Flows, which reports on cash inflows and outflows of LLP Inc. during the period of analysis; 3. The Income Statement, which reports on how much LLP Inc. earned in the period of the analysis; BALANCE SHEET Schedule 1 of this report presents the current assets and current liabilities of the organization as presented on the Balance Sheet. LLP Inc. does not have the ability to satisfy the company's short term obligations with its current assets. Current Assets, which are assets that are most readily convertible into cash, are :• IRE valued at $210,897 as of February 29th, 2016. The current assets only cover 57% of the current liabilities ($369,883). Even more concerning is the cash ratio, which is the amount of cash and cash equivalents divided by current liabilities (40 %). Current liabilities include $169,108 of accounts payable, of which more than $81,000 are aged greater than 90 days. This is a stark contrast to the year 2010 (as can be seen in the table) when current assets covered 137% of the company's current liabilities. Furthermore, as of the beginning of March 1", 2016, there are 56 weddings for which deposits have been taken for wedding dates ranging from March 2016 — October 2017. The liabilities for deposits and restricted event revenue can be seen in Schedule 1 under current liabilities, as Unearned Revenue ($40,900) and Deferred Revenue ($75,172). When adjusting the cash ratio to remove deposits on hand associated with bookings at the Pavilion, the percentage of cash that covers current liabilities reduces to 32% from 40 %: Cash Ratio Adjusted for Unearned Revenue Cash &GIC $146,117 - $40,900 = $106,117 Current Liabilities $369,883 - $40,900 = $328,983 32% STATEMENT OF CASH FLOW LLP Inc. has a cash flow problem. The historical cash flow is presented in Schedule 2, Statement of Cash Flow. The cash deficiency can be attributed to a few key factors. As presented in Schedule 2 (cash flow) and Schedule 3 (income statement), LLP Inc. cash flow has eroded due to approximately $211K in losses from Community Programming over the last 5 years. These losses have been absorbed by offsetting surpluses sustained in the Food & Banquet business. In addition, in 2012, basement renovations were done at the Pavilion for a total cost of $321,790. The renovation was funded by a $200,000 contribution from the Province, $40,000 from SJHA and the remaining $81,790 by LLP Inc. LLP Inc. funded this cost out of its general operating cash, significantly contributing to the cash drainage. The cash outflow for capital expenditures, which includes the renovation plus other capital additions in 2012, can be seen in Schedule 2. Further evidence to the serious financial situation, LLP Inc. recently obtained $80K from SJHA as part of a capital commitment. LLP Inc. invested the contribution into a GIC and used the investment as collateral to borrow an $80,000 demand loan to fund day to day operations (payroll & operating costs). The GIC and Loan is presented in Schedule 1 in the year 2016. 390 Mille Staff also learned through discussions with LLP Inc. that a capital commitment made by SJHA for $200K (for which $80K remains outstanding) for the Pavilion, which the Province made conditional to providing its funding in 2010, may not be honored. LLP INC. COOPERATION It should be noted that the staff and Directors of LLP Inc. have been cooperative and all information requested by the City to carry out due diligence has been provided. The City has also been proactive with the Risk Manager and Energy Manager providing assistance to LLP Inc. to reduce insurance and energy costs. The Risk Manager has identified $4,000 in insurance opportunities based on policy adjustments. The Energy manager has identified changes to the heating system that will save thousands in future energy costs. 3. PROS AND CONS This is a very difficult situation, and there are valid arguments for and against providing LLP Inc. financial support. ARGUMENTS FOR: • The Lily Lake Pavilion is a strategic visible community asset; • LLP Inc. may soon cease operations and close its doors, support will protect citizens who have weddings and other engagements planned; • The LLP Inc. business model can be viable over the long term with financial support from the City to improve its working capital position and with improved business practices in Community Programming; • If the LLP Inc. lease is terminated, the City takes ownership of another building, will become responsible for all operating and capital costs, and would need to find a new tenant; • Community programming, responsibly managed and fully funded, supports Council's strategic priority to be the Community of Choice; • An annual average of 25 permanent and part time positions (45 in summer months) will be preserved; • Vendors will be paid for the services they provided; • Common Council is investing in the Pavilion, with $450,000 in capital commitments in the approved Capital Budgets for the years 2014 -2016; • The City's cash position remains whole with a reduction of $100,000 in the City's capital commitment to the Pavilion; ARGUMENTS AGAINST: • LLP Inc. is a separate legal entity and the liabilities of the entity are not the liabilities of the City of Saint John; 391 • There is no guarantee LLP Inc. will be viable long term with the grant; • The operating grant is not a budgeted expense and any operating funds pledged for LLP Inc. comes at the expense of other core City services; • The City would obtain ownership of the Pavilion based on terms of the lease if LLP Inc. becomes bankrupt or insolvent and eventually send out a Request for Proposal for a new tenant to operate the Pavilion; • The City already subsidizes the operations of LLP Inc. per the lease agreement for property taxes and water and sewage; 4. CONCLUSION There is a mutual interest by both the City and LLP Inc. to see long term success for the Lily Lake Pavilion. The Pavilion is a community asset supported and utilized by residents. However there is a fiduciary duty to ensure operating grants are in the best interest of the taxpayer. It is staff's view that the original request made by LLP Inc. on December 3rd, 2015 for the City to provide an ongoing annual operating subsidy of $10,000 per month is not acceptable. After undertaking extensive due diligence, staff does recommend, as a one time stop- gap measure, an operating grant of $100,000 with the condition that LLP Inc. structurally alter its approach to providing Community Programming. If LLP Inc. can responsibly manage Community Programming such that fundraising fully covers the cost to providing the service, the operations of LLP Inc. can be sustainable in the long term. Staff also recommends the City protects its interest by reducing the capital commitment made to the Pavilion in the 2014 -2016 Capital Budgets by $100,000 so that the City remains cash neutral with respect to its overall investment. The situation with LLP Inc. is challenging; there are compelling arguments for and against providing operating support. If Council chooses to provide the operating grant, the objective is to ensure the grant contributes to the long term viability of the Pavilion. The recommendations enclosed, will contribute to a sustainable business model for LLP Inc., but like any business, there is never a guarantee and is not absent risks identified in the report. The economic health of LLP Inc. will largely be determined by the success of its operations. Recent financial results show signs of improvement. Community programming losses have been reduced. Gross margins in the restaurant business exceed 30 %. The business related revenues to date in 2016 (10 months) already match revenues earned in the prior year. The Board of Directors for LLP Inc. supports the recommendations in this report, evidenced per the letter dated March 23rd, 2016 from the Chairman to the City (Appendix B). Service implications related to economic, social or environmental impacts in the community. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input from the City Solicitor's office and the Directors of LLP Inc. ATTACHMENTS Appendix A — Letter from LLP Inc. Chairman dated December 3rd, 2015; Appendix B — Letter from LLP Inc. Chairman dated March 23rd, 2016 392 Era SCHEDULE 1- BALANCE SHEET WORKING CAPITAL ANALYSIS Current Assets Current Liabilities Working Capital Cash Accounts Receivable Inventory Prepaid Expenses Investments Current Assets Accounts Payable Unearned Revenue Deferred Revenue Government Agency Payable Loan Payable Current Liabilities Current Ratio Quick Ratio Cash Ratio Liquidity (Working Capital) 2016 2015 2014 2013 2012 2011 2010 $ 210,897 $ 369,883 $ 119,226 $ 313,975 $ 110,807 $ 277,221 $ 109,214 $ 288,184 $ 91,721 $ 327,641 $ 260,423 $ 434,987 $ 168,416 $ 123,198 -$ 158,986 -$ 194,749 -$ 166,414 -$ 178,970 -$ 235,920 -$ 174,564 $ 45,218 Liquidity Ratios 2016 2015 2014 Current Assets 2012 2011 2010 57% 38% 40% 2016 28% 2015 2014 2013 2012 27% 2011 15% 2010 $ 67,017 $ 28,689 $ 18,011 $ 30,466 $ 7,977 $ 149,064 $ 81,591 $ 31,776 $ 60,545 $ 55,677 $ 34,723 $ 41,326 $ 68,878 $ 44,420 $ 19,039 $ 21,122 $ 28,603 $ 29,372 $ 26,290 $ 25,937 $ 33,758 $ 13,066 $ 8,874 $ 8,516 $ 14,652 $ 16,128 $ 13,931 $ 6,034 $ 80,000 $ - $ - $ - $ - $ 2,613 $ 2,613 $ 210,898 $ 119,230 $ 110,807 $ 109,213 $ 91,721 $ 260,423 $ 168,416 Liquidity Ratios 2016 2015 2014 Current Liabilities 2012 2011 2010 57% 38% 40% 2016 28% 2015 2014 2013 2012 27% 2011 15% 2010 $ 169,108 $ 176,760 $ 134,638 $ 119,495 $ 166,270 $ 275,627 $ 42,731 $ 40,900 $ 55,650 $ 74,785 $ 78,934 $ 80,197 $ 81,501 $ 80,467 $ 75,172 $ 75,272 $ 57,087 $ 73,353 $ 56,813 $ 77,859 $ - $ 8,342 $ 6,293 $ 10,711 $ 16,402 $ 24,361 $ - $ $ 76,361 $ - $ - $ - $ - $ - $ $ 369,883 $ 313,975 $ 277,221 $ 288,184 $ 327,641 $ 434,987 $ 123,198 Liquidity Ratios 2016 2015 2014 2013 2012 2011 2010 57% 38% 40% 38% 28% 60% 137% 48% 28% 27% 23% 15% 51% 104% 40% 9% 6% 11% 2% 35% 68% * The 2016 Cash ratio when adjusting for cash from deposits is 32% ** YTD 2016 is as of February 29 SCHEDULE 2 - STATEMENT OF CASH FLOW Opening Cash Flow Food & Banquet Cash Flow Programming Cash Flow Cash from Operations Purchase of Capital Assets External Funding Cash from Investments Change in Working Capital Ending Cash Flow *YTD 2016 is as of February 29 393 Cash Flow 2016 YTD 2015 2014 2013 2012 2011 2010 $ 28,689 $ 45,117 $ 3,831 $ 18,010 -$ 2,181 -$ 5,209 $ 30,466 $ 103,047 -$ 52,264 $ 7,977 $ 121,381 -$ 53,774 $ 149,064 $ 63,430 -$ 103,837 $ 81,591 $ 20,225 -$ 38,893 $ 95,134 -$ 1,495 $ 47,042 $ 41,286 -$ 7,390 $ 50,783 $ 67,607 -$ 40,407 -$ 18,668 $ 45,547 $ 6,597 $ 80,000 $ 20,940 $ - $ 38,227 $ - $ 10,660 $ - -$ 38,337 $ 20,000 -$ 361,009 $ 220,000 $ 54,817 $ - $ 73,403 -$ 20,940 -$ 38,227 -$ 10,660 -$ 18,337 -$ 141,009 -$ 54,817 $ 76,361 $ 39,009 -$ 25,012 -$ 34,458 -$ 82,343 $ 227,150 -$ 4,273 $ 67,017 $ 28,689 $ 18,010 $ 30,466 $ 7,977 $ 149,064 $ 81,591 393 ERE SCHEDULE 3 - INCOME STATEMENT & GROSS MARGIN ANALYSIS Food & Banquet Revenues Food & Banquet Expenses Community Program Donations Community Program Expenses Depreciation Net Income ** YTD 2016 is as of February 29 Gross Profit Margin Net Profit Margin Pavilion Business Operations (Food & Banquet) 2016 2015 Net Income - Year End April 30 2013 2012 2011 2016 YTD 35% -3% 2015 2014 26% -2% 2013 2012 2011 2010 $1,356,757 - $1,311,640 $1,376,248 - $1,378,429 $1,597,540 - $1,494,493 $1,678,842 - $1,557,461 $1,732,992 - $1,669,562 $1,374,945 - $1,354,720 $1,127,101 - $1,128,596 $ 45,117 $ 2,181 $ 103,047 $ 121,381 $ 63,430 $ 20,225 -$ 1,495 $ 37,477 -$ 41,308 $ -$ 259,374 264,583 $ 171,798 -$ 224,062 $ -$ 262,041 315,815 $ 198,568 $ 302,405 $ 148,925 -$ 187,818 $ -$ 153,090 106,048 -$ 3,831 -$ 5,209 -$ 52,264 -$ 53,774 -$ 103,837 -$ 38,893 $ 47,042 -$ 82,219 $ 111,428 -$ 112,361 -$ 109,940 $ 117,921 -$ 115,429 -$ 88,976 -$ 40,933 -$ 118,818 -$ 61,578 -$ 42,333 -$ 158,328 -$ 134,097 -$ 43,429 Pavilion Business Operations (Food & Banquet) 2016 2015 2014 2013 2012 2011 2010 35% -3% 21% -7% 25% -3% 26% -2% 23% -8% 21% -9% 16% -3% ** YTD 2016 is as of February 29 ** Net Profit Margin includes Depreciation (non -cash expense) SCHEDULE 4 - UNEARNED & DEFERRED REVENUE As of February 29`h, 2016 Unearned revenue: ($40,900) 1. Weddings & Other Event Deposits - $38,694 2. Other unearned - $2,206 Deferred revenue ($75,172) 1. Pavilion Cup - $44,000 2. Soap Box Derby - $11,191 3. Fundraising Roasts - $19,981 SCHEDULE 5 -ACCOUNTS PAYABLE AGING AS OF FEBRUARY 29th, 2016 Lily Lake Pavilion Inc. Accounts Payable Aging Summary As of February 29, 2016 Current 1 -30 Days 31 -60 Days 61 -90 Days >90 Days Total $42,963 $ 17, 643 $ 13,830 $ 13,280 $81,392 $169,108 394 ' RECEIVED DEC 0 4 2015 P A V I L f -0 N CITY MANAGER Referred To rMw4-#-%Gt December 3, 2015 Mr. Jeff Trail, City Manager City of Saint John 15 Market Square Saint John, N.B. Dear Mr. Trail: Steeped in history, the Lily Lake Pavilion ( "LL.P Inc. ") has been a local tradition as a gathering place in Rockwood Park for over a century. The Pavilion was constructed in the early 1950's and was operated by the Saint John Horticultural Association (SJHA) for over three decades. In 1989 SJHA turned the operations of the Pavilion over to the City of Saint John. The Pavilion continued operation under the City until the fall of 1998. From July 1994 until October 1997 the catering services were contracted out to the Saint John Y's Men's Club. During this time the Y's Men served over 70,000 people at catering functions. In the fall of 1998 the Pavilion was deemed condemned and all operations were terminated. In April 1999 members of the SJHA formed a committee to pursue the possibility of revitalizing the Lily Lake Pavilion. This committee was spearheaded by the late Wallace McMurray, who made a personal contribution of $100,000. The SJHA committee quickly realized that the costs to renovate the Pavilion would be in excess of $1.0 Million and would exceed SJHA's financial capabilities. A partnership was formed with the Franklin Hatheway Trust who invested $350,000 to assist in financing the project and provide a location for a Labour Museum. The SJHA committee launched a capital campaign and contributions were received from not only the corporate community (particularly a $450,000 donation from Canaport LNG) but from the citizens of Saint John who had fond memories of the old Pavilion and the realization that Rockwood Park was a jewel to be developed and preserved. Lily Lake Pavilion Inc. ( "LLP Inc. ") was incorporated by Letters Patent of the Province of New Brunswick on May 5, 2005, 55 1,ake Drive South • PO Box 492 • Saint John * Now Brunswick • Canada * E2L 3Z5 Phone (506) 693 -5033 * Fax (516) 693 -9695 * Emafl IIp i nli.,,iibn,corn lilvlake.ca 395 LLP Inc. is a registered charity and a non - profit organization. in recognition of the contribution made by the Trustees of the Hatheway Trust it was agreed by the members to name the Pavilion the Hatheway Pavilion, although it has been historically referred to as the Lily Lake Pavilion. Sitting on the shores of pristine Lily Lake, in Rockwood Park, the Pavilion at Lily Lake opened its doors to the public in November 2006. Initially revenue was derived from the rental of the Wallace McMurray room for banquets, wedding and business meetings. The directors, based on the recommendation of management, approved five catering businesses to provide food services at a price per person served. The Saint John Y's Men's Club donated $50,000 to be one of the approved caterers, In the next two years it became very apparent that, based on this operating model, the Pavilion could not generate sufficient revenues to support such a large facility. In addition there was a significant loss of equipment and supplies. In 2008 the directors agreed to renovate the basement area of the Pavilion and create a full service restaurant in order to generate additional revenues. Lily's restaurant was opened in 2009 and from the beginning proved to be a popular location for citizens to enjoy a wonderful meal with a fantastic view. The Pavilion, a registered charity & non -profit organization, remains sustainable by providing banquet and catering facilities to clients for weddings, conferences, trade shows, business meetings and a host of other events. The recently renovated banquet room and board room offer a unique venue with a beautiful view of Lily Lake and Rockwood Park. The Pavilion also operates Lily's Lakeside Casual Dining; a licensed restaurant and lakeside patio located downstairs in the Pavilion. Lily's has become a destination for lunch or dinner with ample free parking and a one of a kind view. The Pavilion Is also home to the Frank and Ella Hatheway Labour Exhibit Centre, operated and maintained by the Hatheway Trust. The Centre displays vintage tools, old labour photos, historic labour documents and various pieces of labour memorabilia dating back to the 1800's. Day Tripping NB, located downstairs in the Pavilion, is an on -site adventure tourism company offering corporate team building, kayak and canoe rentals and a host of winter activities. The Pavilion is governed by a volunteer board of directors and managed by an experienced, knowledgeable team of hospitality professionals. There is on average of 25 full and part time staff employed at the pavilion. During the summer months the number of employees increases to over 40. Being a registered charity and non- profit organization, all funds raised by the business activities of the 9TO Pavilion, after accounting for the operational expense of the facility, are returned to the community and distributed to many local charitable organizations including PALS Community Schools, Recreation Your Way and a number of other worthy, recreation based programs. Programmes: PALS in the PARK: Over 1500 students from 21 schools made 70 trips, by bus, to Rockwood Park for recreational and educational activities with no charge to students or schools RECREATION Your Way: A day full of activities tailored to the needs of persons with visible and invisible disabilities in Rockwood Park. MOVIES in the PARK: 9 weeks of free, family movies shown on the large outdoor screen on the side of the Pavilion. AWESOME Adventures in the PARK: A partnership with 5 community groups to enrich their summer day camp programs with recreational and educational activities in Rockwood Park. SENIORS in the PARK: A quarterly luncheon in the Lily Lake Pavilion banquet room for over 200 seniors complete with singing, dancing and fellowship. Mission of Lily Lake Pavilion Inc.: The mission of the Flatheway Pavilion at Lily Lake is to be a shining example of a modern facility that gives back to the community it serves. The Pavilion itself and funds generated from its work provide memorable, rewarding recreational experiences for all the people of Saint John, . The Pavilion is an 18,540 square foot facility, with an estimated value of approximately $2.1 million dollars. The facility is operated, maintained and financed solely by the Banquet /meeting and Restaurant operations. The cost of operating and maintaining this facility has become prohibitively expensive. Essentially, the Pavilion is staffed, financed, maintained and preserved by the Board of Directors and Staff of LLP Inc. for the City of Saint John and its citizens, especially children and seniors. We are of the belief that this facility represents an asset worth in excess of $2,000,000 owned by the City of Saint John and maintained and operated at little to no cost to the City. Ironically the vast majority of the 397 citizens who visit the Pavilion are of the opinion that the facility is owned by the City and the City contributes to the operational costs. In order to provide funding for the community programs listed above, LLP Inc. hosted the first Pavilion Cup in 2009, the Soapbox Derby in 2010 as well as several other fundralsing projects, The Pavilion Cup was the most successful of the fundraising projects. Unfortunately due to a lack of volunteers and the high cost of the event it will not occur next year. The Professional Engineering Association of N.B. has agreed to host the Soapbox Derby next year. Due to the operating losses experienced at the Pavilion and the loss of some fundraising events LLP Inc, has embarked on a programme of fundralsing to ensure that the programmes are fully funded for the foreseeable future. With the loss of the Pavilion Cup and other fundraising projects we have been successful in recruiting several local citizens to develop and execute a long -term fundraising strategy that will assist us in continuing the existing community programs and develop new programs. LLP Inc. is also endeavouring to secure longterm financial commitments to the operational and capital needs of the Pavilion. However, these efforts will require some time to put into place and before we see the results necessary for the long term viability of the Pavilion. From the beginning LLP Inc. has faced financial challenges in the operation of the Pavilion and the provision of the various community programs. For the past two years LLP Inc. has sustained financial losses in the operation of the banquet and restaurant services. The following is a summary of the losses: Year Operating Revenues Operating Expenses Loss 2014 $1,597,541 $ 1,602,373 $ 4,832 �, 2015 $ 1,376,248 $ 1,485,376 $109128 � The largest contributing factor to these losses is the amortization of the capital assets. Under CRA rules we are required to account for the depreciation on the facility and fixed assets. These additional expenses prevent our ability to obtain funding from financial institutions since we are not owners of the facility. While the general public look upon the restaurant and banquet hall as very profitable business, the reality is that the profit margins in the food services business in very narrow. The requirement MEM 5 under the existing lease that LLP Inc. is responsible for operational costs of the entire facility will prevent LLP Inc. from being financially viable. If LLP Inc. is to continue to operate and provide the quality of food service in the banquet hall and restaurant and continue to offer the many community programs to the citizens of Saint John a new formulae must be developed that would see the City assuming a portion of the cost to operate the facility. The following table identifies the square footage of the Pavilion, the portion used directly by LLP Inc, and the portion of the facility used as common area. Also included are the associated operating costs for the facility excluding the costs directly associated to the food services operations. Lily Lake Pavilion Cost Allocation Pavilion square footage 18,540 sq. ft. LLP Other Banquet Hall 6,540 Lily's restaurant 1,900 Day Tripping 1,050 Total 9,490 9.050 Percentage 51 49% Expenses for 2014 -2015 Utilities $ 63,066 Maintenance $116,433 Supplies $ 16,046 Management S 43.500 Tota 1 $239,045 Expense Allocation $122.359 $116,685 Insurance $ 8,232 Allocation that Impact cash _ _ _$ . $124,917 Depreciation $107,153 Total $232,070 M L Our request is quite simple; that the City enters into a partnership with the Saint John Horticultural Association and the Hatheway Trust for the continued financial viable operation of the Lily Lake Pavilion by a monthly cash infusion to the operations to cover the facility expenses excluding the expenses directly associated to the food services operation. As can be seen in the above table this would require a monthly contribution of approximately $10,000. This can be in the form of a management fee or assumption of the expenses associated to the utilities, maintenance and repairs and supplies. C� While we are cognisant of the extreme financial pressures that f c.e the city; we too are at a critical crossroads for the future of the Pavilion. unfortunately, the operations at the Pavilion, restaurant and banquet/meeting facilities, cannot sustain the Pavilion's operations. We are at a very serious point in the Pavilion's history, without assistance from the City, it is likely that the Pavilion will have to cease Its operations and close down. This isn't something anyone on the Board of Directors, the Staff, the Citizens of Saint John, nor the City wants I am certain. However, until we are able to ensure a stable funding stream for the operation going into the future that is the stark reality we are all facing, We would be willing to meet with you, your staff or members of the Common Council to discuss this situation and explore any options to resolve the current situation. We want to thank you for your consideration of our request for assistance, and your ongoing commitment to this "Jewel in the Park ". V StanlejN ; of the Board of Directors c.c Mr. Mel Norton, Mayor of the City of Saint John e 6 1 March 23, 2016 The Mayor and Common Council of the City of Saint John 15 Market Square, Saint John, N.B. Ladies and Gentlemen: Re: City Staff Recommendations for Lily Lake Pavilion Inc. I am writing this letter on behalf of the Board of Directors of the Lily Lake pavilion Inc. in support of the recommendation of the City Manager and senior staff to provide financial support for Lily Lake Pavilion. The purpose of this letter is to encourage Common Council to support this recommendation. Lily Lake Pavilion Inc, 1s a non - profit registered charity, committed to operating the City's largest community center thus providing a facility to be enjoyed by all citizens. Since opening its doors in 2006 the Pavilion has been the focal facility in Rockwood Park. Thousands of our citizens and tourists have been through the doors to enjoy community events; such as Pavilion Cup, Soap Box Derby, Movies in the Park, Seniors Banquets, Recreation Your Way( a program for handicapped citizens) and many other events. The Pavilion has become a ,popular facility for wedding receptions and corporate events. In addition it is a favorite attraction for the thousands of cruise ship passengers who come to the Pavilion for a lobster roll lunch and to enjoy the view of the lake and the beauty of Rockwood Park. in order to address several issues that some councilors may have i will pose and answer the following questions: 1. Why approach the council at the last minute? Knowing the tight financial situation facing the City and the demands from various departments we were reluctant to request funding. We approached several financial institutions to borrow funds but were declined. Since we have no title to the facility we could not pledge the property and using restaurant equipment as collateral is not sufficient and does not appeal to the financial institutions. The directors and staff have spent countless hours over the past year revising the management structure, reviewing contracts, reducing operations costs, where possible and improving the quality of food and service. It became evident last fall that we required additional financial support. At that time we initiated informal discussions with the City. 5'r I's;l E,,:;. !`; 3Z''i 401 r4 2. How did arrive at this financial situation? The financial issue we are currently facing can be attributed to (a) the renovation of the basement area to open Lily's restaurant, and (b) the use of funds raised for community programs to meet current operating expenses. The renovation in the basement area in 2011 to provide for the restaurant overran the budget and funds raised for the project by approximately $90,000. Rather than having a capital campaign to finance the over expenditures management and the directors decided to try and cover the additional costs through operating revenues. For a number of years funds raised in the community for programs were identified as deferred revenues and deposited into the general bank operating account. Since the generation of the funds and the delivery of the community programs did not coincide some funds were used to cover the costs of operating the facility. When the programming occurred, the funds to cover the events were taken out of revenues. Due to the cancellation of the 2015 Soap Box Derby and the 2016 Pavilion Cup funds were not generated. Howeverthe community events went on as scheduled resulting in cash flow problems. Early last year when this issue was identified the Board started segregating funds raised for community events into a separate bank accountto be used for the expenses of the various community programs. In addition we are committed to only provide the community programs when the funds have been raised in the community. 3. What is the Board of Directors structure and governance? The organizational structure of the Lily Lake Pavilion Inc. is governed by a partnership agreement between the Saint John Horticultural Association and the W. Franklin Hatheway Trust and a lease agreement with the City of Saint John. The incorporating documents provide for a Board of Directors consisting of a minimum of four members and a maximum of sixteen directors. Each of the partners can nominate an equal number of directors. Currently the Board consists of ten directors, five each nominated by the partners. Being a non - remunerated volunteer board we have experienced difficulties over the past years to attract volunteers to sit on our Board. Two years ago the size of the Board was reduced to ten directors In order to operate more efficiently. This Board, operating on consensus, has dedicated countless hours reorganizing the management structure, evaluating all contracts and reducing operating costs. it must be said that the present Board structure has worked well as the goal of both founding bodies remains the same; that of operating and maintaining the Lily Lake Pavilion for all citizens of Saint John and the many visitors frequenting Rockwood Park. During discussion with the City Manager and senior managers it was noted that the governance model on which the company was created raised questions regarding voting structure and independence of directors. It was agreed that the Board composition and governance would be referred to the Governance Committee for review and recommendations.. 402 3 4. What is the sustainability and future direction of Lily Lake Pavilion Inc.? Given the dedication and commitment of the directors, management and the staff we are confident that the operations are sustainable and the future is positive. Significant improvements have been achieved in the quality of food and the service to our customers. For the ten month year to date, income from operations was $1,330,133.66 an Increase of $91,011.62 over the previous year. The next six months of the year are our best revenue generation period. That along with strong sales in the banquet facility will generate the profits needed to allow us to continue to operate during the months when our business slows down, as it does fbr aft facilities of the same or similar nature. We area registered charity and are required to give back to the community any and all profits realized. As stated in our Articles of Incorporation "our purpose is to restore the Lily Lake Pavilion so that it may continue to be used forthe social welfare, recreation or other leisure time occupation of the inhabitants of the City of Saint John and surrounding area." During the past ten years we have more than met these obligations through the hosting of many community events, dances, banquets and recreational activities. We are committed to continue to adhere to these principles. However any future community programs will only occur with the support of the community through fundraising activities. All funds raised for community programs will be segregated in separate bank accounts to ensure their financial success without impacting the operations of the facility. In the past several months the staff of the City have been very supportive in providing us with direction and assistance in reducing some of the operating costs of the facility. Through their direction and advice we anticipate being able to reduce the significant heating and air conditioning costs associated to a large building, The Lily lake Pavilion is perceived by the residents of Saint John as a community center available to all citizens for their leisure and recreational activities. The operating cost for this facility is significant. The utilities cost for power and the maintenance and cleaning costs exceed $105,000 annually. 5. Finally, why should the City approve the recommendation and provide the funding? Because it is the right thing to dol Lily Lake Pavilion is the jewel in Rockwood park. it is looked upon by the citizens as a positive example of a community center available at reasonable cost for ail. With the recent addition of solar powered lights around Lily Lake it has become a favorite walking destination for young and old. Assisting Lily Lake Pavilion Inc. to eliminate the past capital and community program costs will free the Board from limited cash flows and allow us to meet the high operating costs of the facility and provide a venue for swimming, recreational programs and various community events and programs. We would be able to meet the commitment made to the over 60 wedding receptions booked for the facility and the many potential banquets and meetings that will occur. 403 4 With the reduction of the $100,000.00 from the City's previously approved capital budget and allocating the funds from operations there is no Impact on the City's cash flows or financial obligations. In fact the City would save borrowing costs on the reduction of the capital budget. If the recommendation is not approved there is a significant chance that Lily Lake Pavilion Inc. will have to cease operations and turn the facility over to the City staff to operate. Currently we cover all operating costs. If the City were to takeover the facility it would significantly impact the operating budgets. While tenders could be called to operate the facility it is our view that there is no restaurateur in the city who would agree to be responsible for all the operating costs of such a large community building. In addition other parties would be anticipating making a profit which would not go back into programs for the community. In conclusion we thank the City Manager, Commissioner of Finance and other senior management who have worked with us in developing the request and recommendation before you. We also thank you the councilors for your consideration and hopefully approval of the recommendation tabled by the staff. The future of the Lily Lake Pavilion and possibly recreational programs in Rockwood Park rests with you. We are in our 10tH year of operation and are looking forward to a 10 year celebration later in the year. We are confident that over the next 10 years we will continue to provide the same quality of service and programs that the citizens of Greater Saint John have come to expect and appreciate. We look forward to working with City staff to maintain the Lily Lake Pavilion and promote recreational and leisure activities in Rockwood Park. As our Mayor has often stated "Rockwood Park and the Lily Lake pavilion are jewels to be proud of ". With your support we are committed to continuing to provide the highest quality of service to the citizens of Greater Saint John. Thank you for your consideration. y d" y tru y. 1 l7 : r 1 -James Stanley Chairman of the Boar}: Lily Lake Pavilion Inc. 1 Me Q , ifjio K\ COUNCIL REPORT M &C No. M &C 2016 -86 Report Date March 26, 2016 Meeting Date April 04, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: 2016 Playground Rationalization Plan OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Tim O'Reilly Michael Hugenholtz (Acting) Jeff Trail RECOMMENDATION City staff recommends that Common Council approve the 2016 Playground Rationalization Plan as detailed in this report. EXECUTIVE SUMMARY In 2014 Common Council endorsed PIaySJ, a plan for the future of recreational assets and services within the City of Saint John. PIaySJ aligns with and will continue to be guided by the Municipal Plan (PlanSJ). Identified in PIaySJ is an oversupply of playgrounds and a need to right -size these recreational assets. The vision is to have a fewer number of higher quality playgrounds. A right- sizing plan was proposed by staff to Council in 2014. Council approved a plan to address a first set of 6 playgrounds in 2015. This report recommends a right- sizing plan for 8 more playgrounds with implementation proposed for 2016. This report also highlights how neighbourhoods that surround these 8 playgrounds will be engaged. PREVIOUS RESOLUTION Not applicable 405 sa STRATEGIC ALIGNMENT This report aligns with PIaySJ including right- sizing the number of playgrounds, leading to greater and sustainable investment in a smaller number of higher quality playgrounds. REPORT BACKGROUND PIaySJ includes a hierarchy of playgrounds. One regional playground at Rockwood Park, 6 district playgrounds, 20 school playgrounds and 42 neighbourhood playgrounds were identified. Targeted investment in the regional and district playgrounds as well as school playgrounds through collaboration with the Anglophone South School District is planned. Right- sizing the 42 neighbourhood playgrounds would create the capacity for this targeted investment. Further, much of the equipment at the 42 neighbourhood playgrounds are at or reaching the end of its useful life and decommissiong this equipment will reduce maintenance demands, liability and the City's infrastructure deficit. Right- sizing the 42 neighbourhood playgrounds will not be a "one- size - fits -all" exercise. In some cases an engaged neighbourhood or other community partner will adopt the space for one of many possible alternative recreational purposes on the property. In these cases the City would play a supporting role in the planning, repurposing, operation and maintenance of the space. In other cases the property would be sold so the City can fully divest itself of the land and associated liabilities. NEIGHBOURHOOD ENGAGEMENT PLAN With Council's approval of the 2016 plan, staff of the City's Parks & Recreation Division would engage the neighbourhoods that surround the 8 identified playgrounds. Engagement would start this Spring by advising of a plan to remove the current playground equipment by August 2016 (including why it will be removed). This engagement would also communicate contact information of the City's Playground Rationalization co- ordinator. Engagement would then continue with the City providing a supporting role to an organized neighbourhood group or community partner in the planning of a repurposed recreational space where there is interest. Engagement would then extend into repurposing implementation followed by operation and maintenance, again with the City playing a minor supporting role given the needed focus on the regional and district assets. An agreement between the City and the neighbourhood or community partner would clarify shared responsibilities using the Alternate Service Delivery (ASD) model described in PIaySJ. M am City staff would like to be clear with the neighbourhoods that the majority of the equipment at the 8 playgrounds has reached the end of its useful life. The equipment should not remain to be incorporated into a future recreational purpose for the site whether the neighbourhood adopts the site in an ASD model or otherwise. City staff's initial engagement will advise the neighbourhood prior to removal of the equipment. LAND DIVESTING OPTION Where the Neighbourhood Engagement Plan does not lead to an ASD model and a continued recreational purpose for any of the 8 playgrounds, the properties will be referred to the City's Real Estate Division to identify their candidacy as surplus property for potential sale. In the interim, the City will continue to provide basic property maintenance such as occasional mowing and litter pick- up. 1►1a[c9:I: 10191: 1:role] 9l»_Y&I 10 611f1► 1 Oil 1 ►1:4 Ito] Bill 01ILI IPM 13aIFe1►1 Details on the 8 playgrounds to be included in the 2016 Playground Rationalization Plan are presented below. Attached to this report are aerial photographs showing the location of each playground in relation to other recreational facilities. Seven of the 8 playgrounds are within the catchment area of other regional, district or school playgrounds. The neighbourhood surrounding the 8t" playground (Latimore Lake Recreational Area) has already identified the nearby playground at the Community Centre as being a priority. As such, City staff does not envision at this time any of these 8 sites to include playground equipment in the future under an ASD model. Belmont Street Playground (PID #00417733): The Belmont Street Playground was installed in the late 1970's. The playground includes an asphalt basketball court and playground equipment. All elements of this playground are at the end of their life cycle and are in poor condition. This playground is in a poor location as it is only accessible through a driveway directly adjacent to a private homeowner, and cannot be seen from the street. This playground is within the 1.5 km catchment area of Bayview School Playground. Cabot Court Playground (PID #00411876): The Cabot Court Playground was installed in the mid 1990's and is approximately 25 years old. The playground contains a double swing set, slide, and teeter - totters. This playground rests on a relatively large parcel of city owned property. This playground is located within the 1.5 km catchment areas of the playgrounds at Princess Elizabeth School and Centennial Schools. Cedar Point Playground (PID #55011134): The Cedar Point Playground contains a swing set, a slide, a see -saw, a small climber, and a basketball court. The equipment is estimated to be more than 25 years old installed in the 1980's. The 407 -4- grassy area surrounding the playground is poorly drained and is frequently waterlogged. The equipment is durable, as it is all steel, but both the climber and the slide have shifted over time, and the concrete footings on both have become exposed. The climber is also tilted and should be removed and reset, or replaced. Many of the timbers making up the wooden retainer are rotten and broken. This playground is located within the 1.5 km catchment areas of the playgrounds at Samuel de Champlain School, Millidgeville North School, and M. Gerald Teed School. Karen Street Playground (PID # City Owned Right of Way): The greatest concern with this playground is its location within the neighbourhood. The playground is in the middle of a loop road and has no fence or other barricade to prevent vehicle traffic from entering the playground. Equipment at this site includes a swing set and two teeter - totters which were installed more than 30 years ago. In addition to this, there is little to no protective surfacing around the equipment at this site. The entire area needs to be excavated at least 12 inches and filled with sand or pea gravel to be compliant with CSA standards. There is also a large cedar tree which is within the no- encroachment zone of the swing set. The Karen Street Playground is located within the 2.5 km catchment area of the district playground at Little River Resevoir Park. King's Square West Playground (PID # 00418004): The equipment at this site was installed approximately 25 years ago, and includes a Little Tikes playset and swing set. The site also has a tennis court, and a basketball court with a single basketball standard. This playground requires significant maintenance including replacing protective surfacing on one side of the swing set, the 6x6 wooden border, worn boards on the wooden climber, and repair of the playset's support posts which have split resulting in sharp edges. Finally, the stairs leading to the basketball court have settled and become uneven. The King's Square West Playground is located within the 2.5 km catchment area of the district playground at Market Place West. It is also within the 1.5 km catchment area of the playground at the proposed new west side school. Latimore Lake Recreation Area (PID #55125496): This playground includes a swing set with two belt seats, a climber, a stand -alone straight slide, and two see -saws. These were installed around 1990 and are approximately 25 years old. This playground is outside of the Saint John core requiring more travel time than many other playgrounds. This leads to additional expenses in fuel and manpower every time the site is visited for inspection, maintenance, and mowing. The playground is also located in a low, swampy area making it wet and frequently infested with biting insects. The entrance to the playground is often waterlogged, preventing trucks from entering the site without getting stuck and can be difficult to walk in at times. This playground requires the swings to be raised and new sand added to the site to bring the protective surfacing to the proper depth. The lack of sand under one of the see -saws has exposed the concrete footing. The slide is sitting at an angle which causes water to pool at M -5- the bottom. The nearest playground to this one is 2 km away at the Latimore Lake Community Centre. Montgomery Crescent Playground (PID #00030304): This site has two swing sets, a stand -alone straight slide, a climber, two see -saws on a single structure, and a basketball court. The most recent equipment on the site was installed around 1998. Other equipment was likely installed in the 1980s. This playground is in a poor location as it is only accessible through a driveway directly adjacent to a private homwowner, and cannot be seen from the street. There are a number of other, more accessible playgrounds close to this one. It is located within the 2.5 km catchment area of the proposed district playground at Shamrock Park, and also within the 1.5 km catchment areas of both Princess Elizabeth School and Centennial School. Woodside Playground (PID # City Owned Right of Way): This site is an asphalt pad with a single basketball standard. The court was installed prior to 1986 and is approximately 30 years old. Access to the site is not clearly defined, and has become overgrown in recent years. The backboard and rim are rusted with the concrete footing of the basketball standard also exposed. The basketball court at Woodside Park is located within the 1.5 km catchment area of the Bayview School Playground. The Ellerdale Street Playground is within 500 metres. SERVICE AND FINANCIAL OUTCOMES The Playground Rationalization Plan of PlaySJ allows a heightened level of service and investment in a fewer number of playgrounds and divests the City of the liability and infrastructure deficit associated with old playground equipment. I'J r[ #I:LiT11.1i J Eight aerial photographs showing the location of each playground forming part of the 2016 Playground Rationalization Plan in relation to other nearby recreational assets are attached to this report. -6- 410 �- D i r N C � Cf? a c 0 a r 0 L L L 0 E �r 0 co E C7 w N �U t53 LL 4 cu L U as L11 {p 0 l!J 411 4 �y w W 4 0 Tr - x �7 C O Q J C cm A CL 1r1w.1 i w W 4 0 � L j�■I�f�i q} FV � Q L) ++ V 9.10 412 0 CA 46 (DIO pY CS f) 0EL- (D LQ LC LL 0 Uv sE 413 2N, IP e (D E =r ors � N C U) Q Ql C 3 T CL O E LO cv kv rte! LM 7 m U- C 4 L in Q -10- MEW t E LO VFW. r •* - ,. A ' f f~• L. Lim 414 C 4 SO E L r 4 4y,�r N 4 � s ` r V • 4 fi C a MEW t E LO VFW. r •* - ,. A ' f f~• L. Lim 414 — 11 — 415 ,-� ,. C (0 E L r 4 b ' rR � r C � RS � U) C o QS L W r_ �0 1 V L 0 0 Al u r ri-i i 0 E J 4 C a o� 0- O co r d cu L u N C4 -12- fit,'. � � -• - + 5 *h .44 CA owl r � LL 3 � 416 _ 2 e � � k1, •. r� " r 0 (U -4 s 6 r Cv Cd 4 � � - 13 - 417 r- UD E (N U) 2:1 C) 0 QS N u m LL r- i2 CL 0 E CD L CL O op 1 ill 0 —o) o W th 0 COUNCIL REPORT M &C No. 20016 -92 Report Date March 30, 2016 Meeting Date April 04, 2016 Service Area Saint John Water His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Safe Clean Drinking Water — Project Agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Melanie Tompkins Brent McGovern I Jeff Trail RECOMMENDATION That this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a redacted version of the Project Agreement, Request for Proposal (RFP) and the Post financial close value for money report are now available publicly. PREVIOUS RESOLUTION At the November 6, 2015 open session of Council it was RESOLVED that: WHEREAS on July 22, 2014, the City issued a request for qualifications (the "Request for Qualifications ") for the design, construction, financing, operation, maintenance and rehabilitation of a water treatment plant and storage reservoirs, and the design, construction and financing of water transmission system improvements in the City of Saint John (the "Project "); AND WHEREAS six respondents submitted a response to the Request for Qualifications; AND WHEREAS all respondents were evaluated against the evaluation criteria set forth in the Request for Qualifications; Ma AND WHEREAS the Request for Qualifications provides that the three highest scored respondents will be invited to participate in a Request for Proposals process for the Project; AND WHEREAS the three highest scored respondents to the Request for Qualifications were Port City Water Partners, Port City Water Partnership and Port City Water Solutions (collectively, the "Proponents" and each, a "Proponent "); AND WHEREAS on November 3, 2014, Common Council adopted a resolution inviting the Proponents to participate in the request for proposals process for the Project and, on January 8, 2015, the City issued to the Proponents a request for proposals for the Project (the "Request for Proposals "); AND WHEREAS in accordance with the requirements of the Request for Proposals, on July 29, 2015 each of the Proponents submitted a technical proposal for the Project and on October 7, 2015 each of the Proponents submitted a financial proposal for the Project; AND WHEREAS the Request for Proposals provides that from among the proposals that are technically compliant and financially compliant, the Proponent that offers the lowest cost on a net present value basis will be provisionally selected to carry out the Project (the "Preferred Proponent "); AND WHEREAS all Proponents were evaluated against the evaluation criteria set forth in the Request for Proposals and, based on such evaluation, the submission review committee responsible for the review and evaluation of the proposals and the steering committee for the Project have identified to the City Manager Port City Water Partners as the Preferred Proponent; AND WHEREAS the City has negotiated with the Proponents the final form of a project agreement which sets out the terms and conditions upon which the successful Proponent will carry out the Project (the "Project Agreement "), which agreement was provided to the Proponents on July 16, 2015, subject only to the addition of material which is necessary to fully and accurately reflect the Preferred Proponent's (a) technical and financial proposals, and (b) corporate and sub - contracting structures, the latter being determined, in accordance with the RFP solely by the Preferred Proponent; AND WHEREAS the Request for Proposals requires that the City treat each Proponent's proposal as confidential, and disclosure of the terms and conditions set forth in the Project Agreement prior to entering into the Project Agreement with the Preferred Proponent and the completion of the Preferred Proponent's financing for the Project could compromise the procurement process and the competitive tension among the Proponents to the financial detriment of the City; 419 BE AND WHEREAS accordingly, on November 4th, 2015, at a meeting of Common Council closed to the public (the "Closed Meeting "), the Project Agreement, the Preferred Proponent's technical and financial proposals and a presentation from the City Manager regarding the foregoing matters and recommending that Port City Water Partners be declared the Preferred Proponent, were presented to and discussed by Common Council; NOW, THEREFORE, BE IT RESOLVED that, on the recommendation of the City Manager, Common Council hereby declares Port City Water Partners the Preferred Proponent and the City Manager is hereby directed to notify the Preferred Proponent of the same; AND FURTHER that Common Council hereby directs the City Manager to make those additions to the Project Agreement which are necessary to fully and accurately reflect the Preferred Proponent's technical and financial proposals, as well as the Preferred Proponent's corporate and sub - contracting structures, the latter two items being as determined by the Preferred Proponent; AND FURTHER that Common Council hereby authorizes the Mayor and Common Clerk to duly execute the Project Agreement and all agreements attached as schedules to the Project Agreement to which the City is contemplated to be a party (the "Ancillary Agreements "), with only such additions as are required to fully and accurately reflect the Preferred Proponent's technical and financial proposals, as well as the Preferred Proponent's corporate and sub - contracting structures, the latter two items as determined by the Preferred Proponent; AND FURTHER that, except as expressly contemplated herein, there shall be no substantive change to the Project Agreement or to the Ancillary Agreements, and any proposed substantive change shall be put before Common Council for approval prior to execution of the Project Agreement and the Ancillary Agreements; AND FURTHER that City staff is hereby directed to make the final executed version of the Project Agreement publicly available on the City's website within 60 days following the completion of the Preferred Proponent's financing in connection with the Project; AND FURTHER that Common Council hereby authorizes the City Manager to take such further and other action as is consistent with this resolution and as may be necessary or desirable to complete the transactions hereby approved and authorized. 420 -4- STRATEGIC ALIGNMENT The Safe Clean Drinking Water Project is Council's No. 1 priority. In its November 6, 2015, resolution Common Council committed to making the Project Agreement available to the public within 60 days of financial close. This report is the fulfillment of that commitment. REPORT At its meeting held November 6, 2015, Common Council resolved to enter into the Project Agreement with Port City Water Partners (Partners) and "to make the final executed version of the Project Agreement publicly available on the City's website within 60 days following the completion of the Preferred Proponent's financing in connection with the Project." Proponent's financing in connection with the Project was completed February 4, 2016, therefore the 60 day period is April 4, 2016. Section 21.7 of the Project Agreement provides that, excepting only any information that may be exempt from disclosure pursuant to Applicable Law, the City may disclose the Project Agreement to the public. The 60 day period referred to in the resolution was to allow Partners to identify information it feels is protected under the Right to Information and Protection of Privacy Act (RTIPPA) (the Applicable Law), and for the City to review this information against the stated exceptions under RTIPPA. Over the past number of weeks, Partners and the City have worked together to identify the information that is personal, confidential or proprietary in nature (and therefore protected against public disclosure under RTIPPA), and have produced a redacted version of the Project Agreement, which maintains the confidentiality of the information protected under RTIPPA. The redacted version of the Project Agreement, the consolidated version of the RFP (which incorporates all Addenda issued during the RFP Open Period) and the Post financial close value for money report will be posted on the City's website on April 4, 2016. SERVICE AND FINANCIAL OUTCOMES The exercise of redacting the Project Agreement was contemplated in the Project and the Agreement complete with redactions were reviewed by the City's Information Management Officer for adherence to RTIPPA and there are no additional costs to the City. 421 - 5 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The SCDWP team worked closely with the Information Management Officer in the Clerk's office, who checked the information against the RTIPPA exemptions and produced the redacted version of the Project Agreement. The Legal Department was also involved in this exercise. ATTACHMENTS nil 422 4 B r i g h to n a aaksa9 ig er IiRle brighter Gro U p Bans votre iovrn6e r! Saint join Regional Hospital Auxiliary Auxiliaires de I`Hopital Rogionol de Saint john Mar 22, 2016 City of Saint John PO Box 1971 Saint John, NB On behalf of the organizing committee for the 17th annual People of Influence Luncheon, I am reaching out to community businesses to assist in raising funds in support of our Patient Comfort Programs at the Saint John Regional Hospital. In partnership with the Saint John Regional Hospital Foundation and the 2016 Give campaign, funds from this year's luncheon will be directed to the Women and Childrens' program and the creation of a warm, inviting environment in Paediatrics and Neonatal for our patients and their families. The 2016 luncheon is scheduled for Tuesday, June 7th at the Delta Brunswick. One of the main attractions of our luncheons has been the quality of our guest speakers; each chosen for their passion in communicating their story of influence. The theme of this year's event is "Making a Difference ". We are pleased to announce that our host is none other than British comedian James Mullinger and our guest speaker is Mel Norton, Mayor of Saint John from May 2012 -2016. Both individuals continue to make a difference in the lives of people in the greater Saint John area. The People of Influence Luncheon attracts upwards of 450 guests and, since its inauguration, has raised in excess of $170,000 in support of Patient Care and Comfort Programs for the Saint John Regional Hospital. This would not be possible without your support. Individual tickets for the event are available @ $50 each or $400 for a table of eight and can be purchased on line from our website www.brightengroup.ca or by contacting us at contactus @brightengroup.ca. A $15 charitable tax receipt will be issued for each ticket purchased. If you have any questions or require additional information please contact our Executive Director, Judie Domokos at 648 -7243, judie.domokos@horizonnb.ca or myself at k.galbraith6itia'7. icloud.com. S ncerely, t Ken Galbraith 423 /.5 2- 0 Anne Hickey, President Adele Wallace Vice President Members Carol Addison Barb Anderson Mary Arseneau Eileen Boyd Netta Chase Maridel Green Jean E. Irving Joyce McDowell Joyce Mitchell Gloria Ross Colleen Sharkey Anne Timms Grace Venkatarangam Founding Members Jane Barry Al Bennett Connie Erb Beth Herron Anne Hickey Jean E. Irving Robert Mabey Shirley McAlary Pat PelIey Raylene Rogers Anne Timms Mary Wells Ramona Whipple The Salvation Army Auxiliary P. O. Box 473 Saint John, N.B. E2L 3Z8 "Information Sheet" The Salvation Army Auxiliary Saint John is hosting their 5th Annual Purses of Distinguished Women luncheon and would like to invite you participate through helping sponsor the event. On Apri124, 2016, a luncheon will be held at Riverside Golf and Country Club in Rothesay, New Brunswick. The event will showcase an auction of purses donated by notable Canadian women. There will be three levels of sponsorship: Chanel, Michael Kors and Coach. Chanel: $2000 As the main event sponsor, your name will be on all posters, signage, programs, media and advertising. Michael Kors: $l000 The live auction table featuring the most exciting purses will be named for you with the auctioneer citing your sponsorship.. Coach: $500 The live auction will also feature paintings by local artists. Your sponsorship will assist in purchase and framing of artwork. Purchase $240 Your company name will be printed on the table centre piece. The table can accommodate 8 people. All funds raised will used by the Auxiliary to help meet the needs of existing programs within the Salvation Army here in the greater Saint John region. I would like to thank you for your previous participation and would be very appreciative if you would again consider being involved. Please feel free to contact me directly if you need any further information. Anne Hickey President, Salvation Army Auxiliary ahickey anbnetmb.ca 506.672.5254 424 The City of Saint Jahn April 4, 2016 Deputy Mayor and Councillors Subject: City Manager Wage Increase The Committee of the Whole, having met on April 4, 2016, made the following recommendation: RESOLVED that Jeff Trail's performance as City Manager be rated as satisfactory and that his salary advance to Step 5 in Grade A of the salary grid adopted by Common Council on June 1, 2015. Sincerely, Mel Norton Mayor �-,A-`- i SAINT dtry.HN P.CZ. Box 1971 &aha. John, NB Canada EA 4U] I wwwsaingohn.ca I C.P. 1971 .Saint John, N. -B, Canada EA 4L I -- 425 The City of Saint John April 4, 2016 Deputy Mayor and Councillors Subject: St. Patrick School Property The Committee of the Whole, having met on April 4, 2016, made the following recommendation: RESOLVED that the City release and surrender its restrictive covenant respecting the property identified by PID 00365247 and that the Mayor and Common Clerk be authorized to execute the appropriate documentation. Sincerely, Mel Norton Mayor SPJ.N`J' T2�ILN RCS, Boy 1971 Sairi. Jahn, N'S Canada L2L 4L7 I wwwsainqohmca I CA 1971 Saint John, N.-B. C.aneda f7L 4L1 426 m� The City of Saint John April 4, 2016 Deputy Mayor and Councillors Subject: Recommended Appointments to Committees The Committee of the Whole, having met on April 4, 2016, made the following recommendation: RESOLVED that Common Council approves the following appointments: Saint John Substandard Properties Appeal Committee: to re- appoint Cheryl Johnson for a three year term from April 4, 2016 to April 4, 2019; and to appoint Andrew Pollabauer and Brian Maude each for a three year term from April 4, 2016 to April 4, 2019. Heritage Development Board: to re- appoint Scott Rinehart and Bob Boyce each for a three year term from April 4, 2016 to April 4, 2019. Lord Beaverbrook Rink: to re- appoint Sid Lodhi for a three year term from April 29, 2016 to April 29, 2019. Saint John Aquatic Centre Commission: to re- appoint Mike Hugenholtz for a one year term from April 29, 2016 to April 29, 2017. Saint John Non - Profit Housing: to appoint Clifford Lawrence for a three year term from April 29, 2016 to April 29, 2019. Trade and Convention Centre Oversight Committee: to appoint Stephen Flynn for a three year term from April 4, 2016 to April 4, 2019. Saint John Parking Commission: to appoint Patricia Ellsworth for a three year term from April 29, 2016 to April 29, 2019. Saint John Transit Commission: to appoint Patricia Ellsworth for a three year term from April 29, 2016 to April 29, 2019. Saint John Community Arts Board: to reappoint Barbara Crawford for a three year term from April 4, 2016 to April 4, 2019. Power Commission of the City of Saint John (Saint John Energy): to reappoint Bill Edwards for a three year term from June 23, 2016 to June 23, 2019; to reappoint Stephen MacMackin for a three year term from September 4, 2016 to September 4, 2019. ,SAINT.' JOU.i' RO. Box 1971 Saint John, NB Cdniada E2L4L1 I www>aintJohn-ca I C.P. 1471 Saint John, N.-B. Canada F2L 4L1 427 Rockwood Park Endowment Fund: to reappoint Patrick Grannan and Rebecca Atkinson each for a three year term from April 4, 2016 to April 4, 2019. Saint John Taxi Association: to appoint Charlene Savoie as the replacement for Mack Tobias for a three year term from April 4, 2016 to April 4, 2019. Sincerely, Mel Norton Mayor EM