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2019-01-28_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, January 28, 2019 6:00 pm 8th Floor Common Council Chamber (Ludlow Room) 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 January 14, 2019 5-17 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 M.E. Carpenter Letter re SJ Transit (Recommendation: Refer to Transit 18-18 Commission) 5.2 The Hardman Group Limited: New Year's Eve Celebrations (Recommendation: 19-19 Receive for Information) 5.3 Proposed Public Hearing Date - 97-99 Exmouth Street, 348 Rockland Road 20-22 and 21 Canon Street (Recommendation in Report) 5.4 Spring Debenture Issue - Notice of Motion (Recommendation in Report) 23-24 6. Members Comments 7. Proclamation 7.1 Bell Let's Talk Day - January 30, 2019 25-25 7.2 White Cane Week - February 3rd to 9th, 2019 26-26 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 9.1 93 Loch Lomond Road Proposed Sec 59 Amendment - Planning Advisory 27-63 Committee report recommending Amendment 9.2 1350 Hickey Road Proposed Sec 59 Amendment - Staff Presentation and 64-118 Planning Advisory Committee report recommending Amendment 9.3 3700 King Wiliam Road Proposed Zoning Bylaw Amendment - Planning 119-152 Advisory Committee report recommending Rezoning with Sec 59 Conditions 9.3.1 Zoning Bylaw Amendment (1st and 2nd Reading) 153-174 10. Consideration of By-laws 10.1 Proposed Municipal Plan Amendment - 179-185 Golden Grove Road 175-182 10.2 Public Presentation - Proposed Municipal Plan Amendment 40 Mountain View 183-221 Drive 10.3 Procedural Bylaw Amendment Respecting Electronic Participation in Meetings 222-230 and Submissions/Representations made Subsequent to a Public Hearing (1 st and 2nd Reading) 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Click2Gov Data Breach and Cybersecurity Priorities 231 -246 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Ticket Purchase Request - Loch Lomond Villa Foundation 247-247 15.2 Ticket Purchase Request - World Kidney Day Breakfast 248-248 16. Supplemental Agenda 17. Committee of the Whole K 17.1 Barbour's General Store 249-258 18. Adjournment City of Saint John Common Council Meeting Monday, January 28, 2019 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une r6union 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: 4:30 p.m., 8th Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Employment Matter 68(1)0) 1.3 Land Matter 68(1)(d) Ville de Saint John Seance du conseil communal Lundi 28 janvier 2019 18h Salle du conseil communal (salle Ludow), an 8e &age de I'h6tel de ville Comit6 pl6nier 1. Ouverture de la s6ance Si vous souhaitez obtenir des services en fran�ais pour une r6union 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 1'objet d'une discussion en prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le conseil/comite prendra une ou des d6cisions a cet egard au cours de la s6ance publique 16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de Ville 1.1 Approbation du proces-verbal — paragraphe 68(1) 1.2 Question relative a 1'emploi — alinea 68(1) j) 1.3 Question relative aux biens-fonds — alinea 68(1) c, d) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal du 14 janvier 2019 3. Approbation de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Lettre de M.E. Carpenter concernant la Commission des transports de Saint John (recommandation : voir Commission de transit) 5.2 The Hardman Group Limited — Celebration de la veille du jour de 1'An (recommandation : accepter a titre informatif) K 5.3 Date proposee pour la tenue des audiences publiques — 97-99, rue Exmouth, 348, chemin Rockland et 21, rue Canon (recommandation figurant au rapport) 5.4 Emission d'obligations du printemps — Avis de motion (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journee Bell Cause pour la cause — 30 janvier 2019 7.2 Semaine de la canoe blanche — Du 3 au 9 fevrier 2019 8. Delegations et presentations 9. Audiences publiques —18 h 30 9.1 Modification proposee en vertu de Particle 59 concernant le 93, chemin Loch Lomond — Rapport du Comite consultatif d'urbanisme recommandant la modification 9.2 Modification proposee en vertu de Particle 59 concernant le 1350, chemin Hickey — Presentation du personnel et rapport du Comite consultatif d'urbanisme recommandant la modification 9.3 Modification proposee a 1'Arrete de zonage concernant le 3700, rue King William — Rapport du Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par Particle 59 9.3.1 Modification de 1'Arrete de zonage (premiere et deuxieme lectures) 10. Etude des arretes municipaux 10.1 Modification proposee au plan d'amenagement municipal — 179- 185, chemin Golden Grove 10.2 Presentation publique — Projet de modification du plan municipal relatif au 40, promenade Mountain View 10.3 Modification de Farr&& procedural concernant la participation par voie electronique aux reunions et le format des presentations/representations faites a la suite d'une audience publique (premiere et deuxieme lectures) 11. Presentations aux membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Priorites relatives a la violation des donnees du logiciel C1ick2Gov et a la cybersecurite K3 13. Rapports deposes par les comites 14. Etude des sujets ecartes des resolutions en bloc 15. Correspondance generale 15.1 Demande d'achat de billets — Fondation de Loch Lomond Villa 15.2 Demande d'achat de billets — Petit-dejeuner a Foccasion de la Journee mondiale du rein 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Magasin general Barbour 18. Levee de la seance C! COMMON COUNCIL/ CONSEIL COMMUNAL January 14, 2019 / le 14 janvier 2019 Aft), r Rn" MINUTES—REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN JANUARY 14, 2019 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Acting Mayor/ Deputy Mayor Shirley McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Absent: Mayor Don Darling Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Collin Fire Chief K. Clifford Police Chief B. Connell City Solicitor J. Nugent Commissioner Growth and Community Development J Commissioner of Finance and Treasurer K. Fudge Commissioner of Transportation and Environment M. Commissioner of Saint John Water B. McGovern Common Clerk J. Taylor Deputy Common Clerk P. Anglin 61 Hamilton Hugenholtz COMMON COUNCIL/ CONSEIL COMMUNAL January 14, 2019 / le 14 janvier 2019 1. Call to Order 2. Approval of Minutes 2.1 Minutes of December 17, 2018 Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that the minutes of the meeting of Common Council, held on December 17, 2018, be approved. IL 10000►[4L1:k]k]11191 3. Approval of Agenda Moved by Councillor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved. MOTION CARRIED. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That the Saint John Tool Library & DIY Centre Request to Present be referred to the Clerk to schedule. 5.2 That as recommended in the submitted Planning Advisory Committee report Subdivision (Money -in -lieu of Land for Public Purposes) 944 Fairville Boulevard, Common Council authorize the acceptance of money -in -lieu of the required land for public purposes. 5.3 That the submitted report 2019-2: Terms of the Fall 2018 Debenture Issue, be received for information. 5.4 That as recommended by the City Manager in the submitted report 2019-4: Borrowing Resolutions, Common Council adopt the following resolutions: 1. That the Commissioner of Finance is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of direct advances by Promissory Notes, Overdraft, or Standby Letters of Credit/Letters of Guarantee, a sum or sums not exceeding at any one time six million dollars ($6,000,000) to meet current expenditures for the year 2019; and 2 C.1 COMMON COUNCIL/ CONSEIL COMMUNAL January 14, 2019 / le 14 janvier 2019 2. That the Commissioner of Finance is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of direct advances by Promissory Notes, a sum or sums not exceeding at any one time twenty five million dollars ($25,000,000) to meet capital expenditures for the year 2019. 5.5 That as recommended by the City Manager in the submitted report 2019-3: City Market Lease with Chicken by Felix, 1. That the City enter into a Lease for Stall "No. 10" in the City Market with Yufan Investment Ltd., under the terms and conditions as set out in the Lease submitted with M&C 2019-3, and further; 2. That the Mayor and Common Clerk be authorized to execute any necessary documents. 5.6 That as recommended by the City Manager in the submitted report M&C 2019-08: 2019 Insurance Renewal, Council accepts the insurance package presented by BFL Canada, underwritten by AIG Insurance Company and Certain Underwriters at Lloyds through our Agent of Record, JM & CW Hope Grant Ltd. and approves maximum payments as follow: Insurance Premiums of $921,336 Agreed Agency Fee of $26,400 Payable to JM & CW Hope Grant Ltd. $938,736 Moved by Councillor Sullivan, seconded by Councillor Merrithew: RESOLVED that the recommendation set out in each consent agenda item respectively, be adopted. IL [QIM0114L1ilk] all Ia9010Fil011LTA [�1�1161WA 6. Members Comments Council members commented on various community events. 7. Proclamations 8. Delegations/Presentations 8.1 Lord Beaverbrook Rink Presentation 3 rA COMMON COUNCIL/ CONSEIL COMMUNAL January 14, 2019 / le 14 janvier 2019 Referring to the submitted report entitled LBR Presentation, M. Simon MD, Chair LBR, board members and Manager D. Nicholson provided an update on the revitalization and enhancements to the LBR facilities and social media presence. Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the Lord Beaverbrook Rink Presentation be received for information. MOTION CARRIED. 9. Public Hearings 6:30 PM 10. Consideration of By-laws 10.1 Business Improvement Area 2019 Budget Referring to the submitted report entitled Business Improvement Area 2019 Budget the Clerk advised that the budget has been advertised in the newspaper and no written objections have been received. Council may proceed with approving the budget and amending the BIA bylaw for 2019. Moved by Councillor Norton, seconded by Councillor Reardon: RESOLVED that the Executive Director of Uptown Saint John, Nancy Tissington be invited to speak to the submitted report entitled Business Improvement Area 2019 Budget on the budget expenditures. MOTION CARRIED. Council asked the Executive Director to address the budget. Executive Director of Uptown Saint John, Nancy Tissington responded to questions on the budget item for Operations and Administrative Expenses comprising $291,174.00 of the total budget amount of $481,997.00. Ms. Tissington said the Membership approved the budget at the AGM in November and that the budget follows other BIA budgets in the area. Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that the verbal presentation from Ms. Tissington be received for information. MOTION CARRIED. Moved by Councillor Sullivan, seconded by Councillor Reardon: RESOLVED that as recommended by the Board of Directors of Uptown Saint John Inc., Common Council approve the submitted 2019 budget for the Business Improvement Area. E:3 COMMON COUNCIL/ CONSEIL COMMUNAL January 14, 2019 / le 14 janvier 2019 MOTION CARRIED with Councillor Merrithew voting nay, stating that the budget for Operations and Administrative Services is too high, comprising 60% of the overall budget. Moved by Councillor Sullivan, seconded by Councillor Reardon: RESOLVED that the by-law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement Levy By -Law", by applying a levy of 16 cents for each one hundred dollars of assessed value for 2019, be read. MOTION CARRIED with Councillor Merrithew voting nay. The by-law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement Levy By -Law" was read in its entirety. Moved by Councillor Sullivan, seconded by Councillor Reardon: RESOLVED that the by-law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement Levy By -Law", by applying a levy of 16 cents for each one hundred dollars of assessed value for 2019, be read a third time, enacted and the Corporate Common Seal affixed thereto. MOTION CARRIED with Councillor Merrithew voting nay. Read a third time by title, the by-law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement Levy By -Law." 11. Submissions by Council Members 11.1 Expanding the Saint John Common Council Committee Structure to add a Public Safety Committee (Councillor Norton) Referring to the submitted motion, Councillor Norton said that the intent is to refer the matter to the City Manager to come back with recommendations. The motion is intended to provide a broad view of Public Safety, not just fire and police. Fire and police in this instance would be two bullets in a series of bullets that would fall under the proposed committee structure, other safety issues would include: • Pedestrian Safety • Sidewalk surfacing • EMO • School Zone safety • Positive recreation • Street lighting • Cyber security • Environmental hazards and response. 1:1 COMMON COUNCIL/ CONSEIL COMMUNAL January 14, 2019 / le 14 janvier 2019 The referral would provide the City Manager leeway to bring recommended feedback back to council in an open timeline. Moved by Councillor Norton, seconded by Sullivan: RESOLVED that Council refer item 11.1 Expanding the Committee Structure to the City Manager, to report developing a plan to expand the City of Saint John Structure to include a third Committee, that being a Environment and Transportation services. Saint John Common Council back recommendations on .ommon Council Committee Public Safety Committee / MOTION CARRIED with Councillor Merrithew stating he is voting nay at this time because of the priority of the city's sustainability and the 2018 Provincial Election white paper focus being required in Q1 and Q2 of 2019; Councillor Reardon also voting nay. 12. Business Matters - Municipal Officers R. Van Wart provided Council a visual description of the three properties on the location. The City Solicitor advised that the property description should be noted as containing three buildings. 12.1 Demolition of three vacant, dilapidated and dangerous buildings at 1536 Loch Lomond Road (PID 312744) The Deputy Mayor provided the following cautionary statement: "The information which has been provided in the Council Kit includes the report of the Building Inspector stating that the three buildings located at 1536 Loch Lomond Road (PID 312744) are a hazard to the safety of the public by virtue of its being, amongst other things, dilapidated or structurally unsound. Is there present an owner, including anyone holding any encumbrance upon this property, who wishes to present evidence to the contrary, i.e. that the three buildings are structurally sound and not dilapidated?" No one came forward to present evidence that the three buildings are structurally sound and not dilapidated. Moved by Councillor Sullivan, seconded by Councillor Merrithew: RESOLVED that the three buildings located at 1536 Loch Lomond Road, PID# 312744, are to be demolished as they have become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED, that said three buildings are to be demolished as they have become a hazard to the safety of the public by reason of unsoundness of structural strength; and rd iN COMMON COUNCIL/ CONSEIL COMMUNAL January 14, 2019 / le 14 janvier 2019 BE IT FURTHER RESOLVED, that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. MOTION CARRIED. 12.2 Winter Management Plan Overview Referring to the submitted PowerPoint and report entitled Winter Management Plan Overview, M. Hugenholtz outlined the 7 governing principles, priorities and deliverables of the plan aligned with best practices in other jurisdictions. The plan was adopted in 2009, but it is a living document reviewed annually, and has been updated from time to time. The budget and staffing were discussed. Quick facts of the Winter Management Plan: • The City services 1,160 lane kilometers of road • The City services 240 kilometers of sidewalk (61% of the City's sidewalks) • 81 primary pieces of equipment used to service streets, plus 6 that clear parks, arenas and other recreational facilities • In an average year, the City consumes 13,000 tons of road salt, and • 3,000 tons of sand Street plowing is prioritized into categories to effectively use resources. Each of which has service standards to meet once the storm has ended. • Priority 1— Emergency routes, main streets and highway connections. • Priority 2 — Major bus routes, school zones, community centres and business districts • Priority 3 — Residential collector streets, minor bus routes and industrial parks • Priority 4 — Local or subdivision streets Service standards for road conditions after a storm: • Within 8 hours Priority 1 and 2 roads are passable • Within 12 hours Priority 3 and Priority 4 roads are passable • Within 2 days Priority 1 and Priority 2 — snow has been pushed back and anti - icing material has been applied • Within 3 days Priority 3 - snow has been pushed back and anti -icing material has been applied • Within 4 days Priority 4 - snow has been pushed back and anti -icing material has been applied Sidewalk plowing is prioritized into categories: VA 11 COMMON COUNCIL/ CONSEIL COMMUNAL January 14, 2019 / le 14 janvier 2019 • Priority 1— Major retail areas and Saint John Transit bus stops • Priority 2 — Immediate school areas • Priority 3 — Arterial routes • Priority 4 — Local or subdivision streets Sidewalk service maintenance standards for each priority: • During Storm o Priority 1 and Priority 2 — create a basic level of accessibility • Post Storm o Priority 1— Basic pedestrian passage within 12 hours o Salt or sand applied within 2 days o Priority 2 and Priority 3 — Basic pedestrian passage within 1 day o Salt or sand applied within 3 days o Priority 4 — Basic pedestrian passage within 3 days o Salt or sand applied within 4 days The Commissioner demonstrated the interactive map on the City website that indicates the service level objectives and street priority for property locations in the City. The interactive map replaces a PDF static map. The Commissioner responded to questions. Q: What is the snow threshold gauge / at how many centimeters do you decide to bring out the snow removal equipment? A: • When conditions deteriorate, if it is regular working hours the crews are out once the snow begins to fly tending to the routes. • During off hours we have customer service staff that are in and about 24 / 7. As they observe street conditions change, or as citizens call in, they discuss with a duty manager an appropriate response. • There is a threshold for full city plow operation when 10 cm of snow has accumulated. Q: Is it possible to call the crews out earlier, at 4 cm? A: • Even if we called in all our resources once the snow starts to fly that does not preclude ice or packed snow developing on a road. There will be a time gap when our crews are working to when they can clear any particular street. They do have routes to run and snow will accumulate. Any vehicle driving by will pack the snow down. No matter how quick you call out your resources. Q: How many staff are available to plow snow on a regular shift? A: 8 12 COMMON COUNCIL/ CONSEIL COMMUNAL January 14, 2019 / le 14 janvier 2019 • We have 92 front line • 24 are night shift • The rest are day shift or evening Q: Does the operator make a single pass, or does he go back and widen? A: • Typically the priority focus on the mains is to maintain accessibility. The plow may go back several times to do another pass. Typically when the snow ends they go back again to clear the full travel lane. Q: When is a snow ban declared? A: • The goal is to balance livability in the city and the necessity to call a parking ban. The entire weather system is assessed. There is no hard and fixed rule. Q: What is the actual time to plow all the priority streets? A: • The routes are designed to be plowed in a 10 hour shift, post storm. Q: If a priority 1 street is 1 km long with 10 side streets that are priority 4s: why can't the loops off the priority 1 be plowed at the same time? A: • During a storm, focus is on the priority 1 to keep passable. If conditions warrant, they may divert off if they are able, i.e. if the priority 1 can be maintained accessible. Councillor comment: Residents must take some responsibility to mitigate the ice and snow, for example wearing proper footwear. Q: Are continuous improvement initiatives undertaken? A: • Yes, a number of projects are undertaken during the Winter Management Plan. For example, sidewalk machines are decentralized. Two units have depots uptown out of City Hall, others are located at Rothesay Ave, Boars Head Road and East and West Saint John and other locations. This saves travel time not to have all the depot units in one location. Q: Are parking bans used to clean up after the storm? A: • The MVA allows parking bans for the specific purpose of clearing snow without putting signage up. • The North, East and West (N.E.W.) parking ban will be called during the actual event or the evening of the event to get folks off the street and clean up 01 13 COMMON COUNCIL/ CONSEIL COMMUNAL January 14, 2019 / le 14 janvier 2019 • The South / Central Peninsula ban is typically the following night to push back snow and clear Q: Specific improvements since the plan was presented three years ago? A: We added the following: • Added a section of sidewalk from Coast Guard site to Market Square • Introduction North East parking ban • No change to the inventory of sidewalks • Improvement to service delivery - direct brine application • Re -location depots Q: Are there audits and reporting deadlines for priority 1,2,3,4, streets? A: • Yes, foreman audit the routes during the storm and after the storm to service level standards. • We are leveraging Automatic Vehicle Location (AVL) technology to get objectivity in the data. Q: Is there a policy / capacity for drivers to call tow trucks during a parking ban to remove cars? A: • Yes. • We also have a pre -event meeting with Parking Staff and the Police to discuss the game plan and hotspots. • The Parking Commission tickets cars before snow removal crews go out. • Police follow the Parking Staff to call and authorize towing. Q: Can the driver on the plow during the storm report a car? A: Yes, absolutely. Q: The road policy does not clear down to pavement. Have you considered paving every street so that it is passable? There might be some snow on the ground, but it won't be two feet deep. Maybe you cannot drive 50 km per hour, but 20-25 km. 0 • We will never let the snow accumulate to that kind of level. • If those streets are accumulating to that level we would have our full crews out responding. • Our expectation we would achieve a measure of accessibility - for priority 4 streets to be passable in 12 hours after the end of the storm. • If we need to call in extra resources to achieve that, we would. 14 10 COMMON COUNCIL/ CONSEIL COMMUNAL January 14, 2019 / le 14 janvier 2019 Councillor comment: Priority 4s located in subdivisions are not a main priority, density rather than urban sprawl is a method to manage road clearing. Councillor comment: Living on a bus route also is a manner to manage public expectations for getting around in a storm. Bus routes are a higher priority. Q: Using AVL technology and audits — are we confident our plan is executed as intended? A: • Yes, I have confidence the plan is being executed. We discuss the plan and communicate with the foreman during storm events. Councillor comments: How can we provide services where density exists to drive more density? Services are cheaper to deliver where density exists. Bans and towing are important to keep the city streets passable. Sidewalks should be the responsibility for owners not city. City can augment with sidewalk plows. Snow dumping — who monitors? Enforcement is a waste of Police time — It would be better to have authority in a bylaw for City Bylaw Enforcement Officers. A: Re: the enforcement - we made the request for Parking Staff to have the authority to enforce towing to the Provincial Registrar over a year ago, and have sent a reminder. We don't have that authority. We have to rely on working closely with the Police. Q: We can't control weather but we can control the policy, if we are not satisfied with the outcomes. AVL technology to make plows more efficient. How can we as a council help improve the outcomes? As councillors direct calls to the Customer Service line 658- 4455 or the Parking ban information line 658-4040. Have programs, such as Adopt a hydrant, Adopt a catch basin? Be good stewards in our own community. A: Increasing public awareness of the plan and the service standards deliverables and timelines are very important. Communicating the plan will assist managing expectations. The City Manager highlighted the overarching message: We need to get much better at communicating the message and increasing the awareness of everyone. We failed it that this year. I am here to recognize that and to tell you that we will get better at it. What you see before you, the info graphs, the new interactive map and this meeting three examples of where we are trying to get in terms of that awareness. I also heard discussion that the plan is 10 years old and is it still valid? We believe so and don't believe it needs a fundamental revision right now. But as an example where we have failed to communicate effectively, we have not made you aware of the changes we have 11 15 COMMON COUNCIL/ CONSEIL COMMUNAL January 14, 2019 / le 14 janvier 2019 made and the continuous improvements and performance outcomes on a regular basis. We have taken on as an initiative that our overall situational awareness has to improve across the board - both with Council and the residents of Saint John. Q: What is staffing during the week and weekend. When we call in do we need to pay overtime? A: Every year we look at the Plan, past experience and the resources and try to come up with the optimum shift schedule that allows us to achieve those objectives of the Winter Management Plan. That allows us to have sufficient resource to do the other things we need to do in the winter — things like: snow removal, pothole patching. • Our shift structure is Mon — Fri during the day. • We have an evening shift and a night shift Sun —Thurs night. That is sufficient for a lot of the events we see on a weekly basis. When issues or weather occurs outside those times we do cover using overtime resources. Customer Service Staff, Com Centre staff and a duty manager and others are on rotation call 24/7. Q: If we had a bad storm on the weekend — we need to use overtime? A: Yes. We look at the past experience as somewhat beneficial. We look at the worst case scenario analysis. We analyzed the shift structures and believe the current shift structure is the best to mitigate overtime in a heavy snow winter. Q: Do you have meeting with the drivers for input? A: The foremen represent the front line and their concerns, gaps for improvement in service delivery. The foremen have offices in the depot and see the front line staff on a daily basis. Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the submitted report M&C 2019-6: Winter Management Plan Overview, be received for information. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 12 COMMON COUNCIL/ CONSEIL COMMUNAL January 14, 2019 / le 14 janvier 2019 17. Committee of the Whole 18. Adjournment Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the meeting of Common Council held on January 14, 2019, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 8:55 p.m. 13 17 To: Mayor and Council of the City of Saint John Re: Criminal liability Your Worship and Council, JAN 17 21019 Survival season is upon us once again; the sidewalks are treacherous and it is no safer to use the bus. January marks the anniversary of when I was not allowed to board a local bus with a valid monthly pass. It took two trips to the S1 Transit office to verbally confirm the offending driver's assertion that he was "just doing his job." However, according to Right to information and Protection of Privacy Act responses, SJ Transit has no Customer Service Policy or any documentation respecting such. This seems to hold the drivers solely liable for the illegal practices of a public transit system that only makes sense if it was designed to benefit the taxi industry. Last year marked the first municipal transportation plan in the last half century to mention pedestrians, if only in the restricted context of recreational trails. A forward thinking transportation plan should be based on the professionally compiled Plan S1. SJ Transit blatantly contravenes these guidelines. Who is responsible for this publically funded entity whose primary purpose is to directly service the public but has no Customer Service Policy? The official list is short. Policy is dictated by S1 Transit's operation manager and the Transit Commission which has now been absorbed by the Parking Commission. Is any member of this cabal even qualified to make public transit decisions? Do they use the bus? What certified Urban Transportation respecting public transit credentials do they possess? None seem evident in S1 Transit's design and operation. The crucial first step for a genuine forward thinking transportation plan is the professional evaluation of SJ Transit by experts from outside the greater Saint John area before the Provincial Ethics Commission's involvement becomes necessary. Respectfully, Saint John, NB E2L OE2 (506) 899-0519 iF:1 THE HARDMAN GROUP LIMITED One Market Square, Saint John, NB E2L 4Z6 T: 506.658.36001 F: 506.658.3605 HG��LVIII www.hardmangroup.ca I www.marketsquaresj.com JAN 17 2019 January 10, 2019 City of Saint John PO Box 1971 Saint John, NB E21-41-1 Attention: Mayor Don Darling Re: New Year's Eve Celebrations The holiday season is always tied up securely with feelings of both reflection and anticipation. It was our profound pleasure to provide the City of Saint John with a grand display of Fireworks on New Year's Eve. We could not have done it however, without the help of you. Your sponsorship enabled a worthy display for all who appreciated it. Thank you for your commitment to Saint John and your service to the community in which we live. All the best to you and yours in 2019. As we look forward to this New Year, we also look forward to working with you on many levels and hope you again join in our efforts in presenting a spectacular New Year's Eve FREE Family Event to our community. Yours very truly, The Hardman Group Limited Heather Peterson Regional Property Manager A HALF CENTURY OF KNOWLEDGE, INTEGRITY & RESULTS COUNCIL REPORT M&C No. 2019-367 Report Date January 22, 2019 Meeting Date January 28, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date — 97-99 Exmouth Street, 348 Rockland Road and 21 Canon Street OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Mark Reade Jacqueline Hamilton John Collin RECOMMENDATION That Common Council schedule the public hearing for the rezoning applications of Krystal Kindred on behalf of Supreme Human Services (97-99 Exmouth Street) and Natasha Tobias (348 Rockland Road and 21 Canon Street) for Monday March 11, 2019 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the rezoning and Section 59 amendment applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday March 11, 2019. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 [now referred as section 59] resolutions/ agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. K91 -2 - REPORT As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 59 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation at the public hearings. The following applications have been received: Name of Location Existing Proposed Reason Applicant Zone Zone Krystal Kindred 97-99 Exmouth Urban Centre General To construct a on behalf of Street Residential Commercial medical clinic Supreme Human (RC) (CG) providing Services counselling services. Natasha Tobias 348 Rockland Neighbourhood General To convert the Road and 21 Community Commercial former church and Canon Street Facility (CFN) (CG) rectory into a banquet hall/events venue and single unit dwelling. STRATEGIC ALIGNMENT While the holding of public hearings for proposed rezoning and Section 59 amendments is a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approvals process works towards fulfilling key Council priorities including: • ensuring Saint John has a competitive business environment for investment, • supporting business retention and attraction; and • driving development in accordance with PlanSJ which creates the density required for efficient infrastructure, services and economic growth. SERVICE AND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Service. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not Applicable 21 ATTACHMENTS None WA -3 - COUNCIL REPORT M&C No. 2019-11 Report Date January 22, 2019 Meeting Date January 28, 2019 Service Area Finance and Administrative Services His Worship Don Darling and Members of Common Council SUBJECT: Spring Debenture Issue — Notice of Motion 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/Cathy Graham John Collin RECOMMENDATION It is recommended that the Mayor make the following motion: "I hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution: RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements that the City of Saint John proposes issue of the following debentures to be dated on or after February 271" 2019: REFINANCE DEBENTURES Debenture No. BA 9- 2009 (General Fund — 5 years) Debenture No. BA 10 -2009 (Water & Sewerage —10 years) Debenture No. BA 11 -2009 (Transit — 5 years) TOTAL $ 4,670,000 $ 750,000 $ 500,000 $ 5,920,000 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 $ 5,920,000. W -2 - EXECUTIVE SUMMARY The Notice of Motion has been prepared as a first step in requiring refinancing of debentures issued in June, 2009. PREVIOUS RESOLUTION N/A REPORT The Notice of Motion has been prepared as a first step in refinancing of debentures issued in June 2009. The Notice of Motion places the City in a position to take action after the expiry of 30 days at such time as bond market conditions and opportunities permit. At this stage, it is not necessary to set limits with respect to the coupon rate or the terms for which bonds are to be issued. These will be established at a later date and will be related to the market conditions at that time. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 0&1 PROCLAMATION WHEREAS: January 30th, 2019 marks the 9th Annual Bell Let's Talk Day, a day of conversation and mental health; and WHEREAS: Bell Let's Talk Day promotes mental health awareness, acceptance and action built on 4 key pillars: fighting stigma, improving access to care, supporting world-class research and leading by example in workplace mental health; and WHEREAS: The City of Saint John raises a flag to celebrate Bell Let's Talk Day to encourage you to join the conversation through calls, texts, and social media interactions to drive Bell's donation to mental health past $100 million. NOW THEREFORE: I, Mayor Don Darling, of Saint John do hereby proclaim Wednesday, January 30`h, 2019 be recognized as "Bell Let's Talk Day" in the City of Saint John and encourage support of this campaign. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. PROCLAMATION WHEREAS: The first full week of February is recognized as White Cane Week in Canada; and WHEREAS: White Cane Week (a program of the Canadian Council of the Blind) aims to raise awareness regarding the challenges faced by more than one million Canadians living with vision loss, and that the WHITE CANE used by the blind is a symbol of independence. NOW THEREFORE: I, Mayor Don Darling, of Saint John do hereby proclaim the week of February 3rd _ 9th, 2019 as "White Cane Week" in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mavor of the Cit_v of Saint John. Growth & Community Planning, Team 27 Growth & Community Development Services M To rescind the existing Section f conditions limitir the use of the site to an office use Permit Epersonal service establishment(aesthetic salon) 2 28 3 Site Plan 0 6 32 7 33 0 0 if I 34 0 ,* Meets intent of Policy LU -88 0 standing • Scale of proposal • Long i • Residential building • Serviced iarterial 9 35 ening M 10 36 ening M Expand..d uses Zoning3 :?� �01 V T -we, =_ * Now :y -law standard 11 37 Staff Recommendation PAC Recommendation January 17, 2019 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Section 59 amendment application 93 Loch Lomond Road The City of Saint John. On December 17, 2018 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 15, 2019 meeting. Ms. Brenda Defazio, the applicant, appeared before the Committee and was in agreement with the staff recommendation. No other persons appeared before the Committee regarding the application and no letters were received regarding the application. After considering the report and the comments made by the applicant, the Committee adopted the staff recommendation regarding the approval of the Section 59 Amendment. RECOMMENDATION: That Common Council rescind the Section 39 conditions imposed on the June 18, 1973 rezoning of the property located at 93 Loch Lomond Road, also identified as PID Nos. 55088777, 00319558, and 55088769; and amended May 11, 1987, June 22, 1987 and March 30, 1992. 2. That pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 693 square metres, located at 93 Loch Lomond Road, also identified as PID Nos. 55088777, 00319558, and 55088769 shall be subject to the following conditions: Page 1 of 2 40 Hughes Surveys and Consulting 700 Somerset Stret June 22, 2017 a) That the use of the lot be limited to the following uses as defined by the Zoning By -Law: • Artist or Craftsperson Studio; • Bakery; • Business Office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Policing Office; • Day Care Centre; • Dwelling Unit, subject to paragraph 11.7(3)(c); • Financial Service; • Funeral Service; • Garden Suite, subject to section 9.8; • Grocery Store; • Home Occupation; • Library; • Medical Clinic; • Personal Service; • Pet Grooming; • Place of Worship; • Restaurant; • Retail, General; • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Housing, subject to section 9.14; • Veterinary Clinic. Respectfully submitted, 'e Eric Falkjar Chair Attachments Page 2 of 2 41 The City of Saint. John Date: January 11, 2019 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, January 15, 2019 SUBJECT Applicant: Brenda Defazio Owner: E.R. Steeves Limited Location: 93 Loch Lomond Road PID: 55088777, 00319558, 55088769 Plan Designation: Stable Residential Existing Zoning: General Commercial (CG) Application Type: Section 59 Amendment Jurisdiction: Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 59 conditions of the subject property. Council will consider the Committee's recommendation at a public hearing on Monday, January 28, 2019. SUMMARY The applicant is seeking to amend the existing Section 59 conditions that limit the use of the subject site to a business office and general insurance office to allow for the establishment of an Page 1 of 9 42 Brenda Defazio 93 Loch Lomond Road January 11, 2019 aesthetic salon (personal service shop) in the existing building. The proposed establishment would provide services related to eyelash extensions and a nail salon. Staff recommend that the existing Section 39 conditions be rescinded and the listing of uses permitted on the site be amended to include personal service and other permitted uses in the General Commercial (CG) zone that are compatible with the surrounding neighbourhood and the intent of the Stable Residential land use designation of the Municipal Plan. RECOMMENDATION 1. That Common Council rescind the Section 39 conditions imposed on the June 18, 1973 rezoning of the property located at 93 Loch Lomond Road, also identified as PID Nos. 55088777, 00319558, and 55088769; and amended May 11, 1987, June 22, 1987 and March 30, 1992. 2. That pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 693 square metres, located at 93 Loch Lomond Road, also identified as PID Nos. 55088777, 00319558, and 55088769 shall be subject to the following conditions: a) That the use of the lot be limited to the following uses as defined by the Zoning By -Law: • Artist or Craftsperson Studio; • Bakery; • Business Office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Policing Office; • Day Care Centre; • Dwelling Unit, subject to paragraph 11.7(3)(c); • Financial Service; • Funeral Service; • Garden Suite, subject to section 9.8; • Grocery Store; • Home Occupation; • Library; • Medical Clinic; • Personal Service; • Pet Grooming; • Place of Worship; • Restaurant; • Retail, General; • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Housing, subject to section 9.14; • Veterinary Clinic. Page 2 of 9 43 Brenda Defazio 93 Loch Lomond Road January 11, 2019 DECISION HISTORY On June 18, 1973, Common Council rezoned the property from "R-2" One and Two Family Residential to "B-2" General Business zone with a Section 39 (now Section 59) resolution limiting the use of the existing building to an insurance office. On May 11, 1987 Common Council approved an amendment to the Section 39 resolution to allow for the construction of a new building on the site for an insurance office. The amendment included a requirement for the new building to be located on the front portion of the lot with a paved and curbed parking area to be located to the rear of the proposed building. Staff had recommended denial of the submitted proposal which had the building located to the rear of the lot with parking located at the front, but provided the alternate rear lot location for the Committee's consideration. On June 22 1987, Common Council approved an amendment to the Section 39 resolution to permit the demolition of the existing building and to replace it with a new building in the rear portion of the site, to be used as an insurance office, with parking provided at the front of the site, on the condition that: 1) the parking lot be paved with asphalt and have concrete curbs; 2) a professional landscape architect be hired to design a berm and hedge for across the front of the property. This proposed redevelopment of the site never occurred and the Section 39 conditions were amended again on March 30, 1992 to allow for the site to be used as a general business office. ANALYSIS Proposal The applicant is seeking to amend the existing Section 59 conditions to permit the establishment of an aesthetic salon (personal service), whereas the existing conditions limit the commercial use of the building to a business office and insurance office. The conditions limiting the use of the site were imposed on the approval of past applications as a measure by the Committee and Council to contain the type of commercial uses that could be located on the site and along this section of Loch Lomond Road. The applicants have indicated that they will have two staff on site, with each staff member serving one customer at any given time resulting in a limited amount of traffic accessing the site on a daily basis. Page 3 of 9 44 Brenda Defazio 93 Loch Lomond Road January 11, 2019 Site and Neighbourhood The subject site is located on the City's East Side, east of the Loch Lomond Road and Westmorland Road intersection. The site contains three separate PIDs with a total area of 693 square metres. The building on the site was originally constructed as a two-storey dwelling in 1951 and a large paved parking area, accessed from Loch Lomond Road, is located in the western portion of the site. As mentioned above, the property was rezoned in 1973 to permit an insurance office and the permitted uses on the site were expanded to also include a general business office through an amendment in 1992. The surrounding area contains a mix of residential, commercial and institutional zoning and land uses. The majority of properties along this immediate section of Loch Lomond Road are zoned Two -Unit Residential (R2) and Low -Rise Residential (RL) and contain single and two -unit dwellings. Woodlawn School, zoned Neighbourhood Community Facility (CFN), borders the site to the west and north. There is a significant presence of commercially zoned properties in the vicinity of the subject site, as illustrated on the attached zoning map (see Appendix 3). The City's Municipal Plan identifies the area west of the subject site, at the Westmorland Road / Loch Lomond Road intersection, as part of the Commercial Corridor, which also continues along Westmorland Road. In addition, there are a few lots in the immediate vicinity of the subject site, including 74 Loch Lomond Road, 114 Loch Lomond Road and 1 Keystone Place, where the General Commercial (CG) zone currently exists. Municipal Plan The subject property is designated Stable Residential in the Municipal Plan. This Municipal Plan designation primarily considers residential land uses but also contemplates commercial and other non-residential land uses which are neighbourhood -focused and support the development of a `complete community over time. Policy LU -88 of the Municipal Plan provides criteria to assess the compatibility of redevelopment proposals in Stable Residential areas. A summary of the assessment of the proposed land uses against these criteria is provided in the following table. Page 4 of 9 45 Brenda Defazio 93 Loch Lomond Road January 11, 2019 Criteria Analysis • The proposed land use is Staff note that smaller scale Personal Service desirable and contributes establishments, such as that proposed in the application, are positively to the permitted as home occupations in residential zones, which is neighbourhood; a measure of their compatibility with residential land uses and their complementary nature to a residential area. • The proposal is compatible with surrounding land uses; The property is currently zoned General Commercial (CG) and has had a commercial use established on the site for more than 45 years. The continued presence of a commercial land use of a limited scale is expected to have no negative impact the existing mix of residential and commercial uses along this stretch of Loch Lomond Road. • The development is in a The site is serviced and no site modifications are proposed location where all necessary as part of the current proposal. A paved parking area exists water and wastewater that is sufficient to accommodate the required number of services, parks and parking spaces. recreation services, schools, public transit and other The building on the site was originally constructed as a single community facilities and unit dwelling and has remained generally unchanged from its protective services can original residential character providing comparable design readily and adequately be and massing with surrounding residential dwellings. provided; • Consideration is given to site suitability including such considerations as road access, availability of public transit, necessary municipal servicing, compatibility with surrounding land uses, high quality urban design and landscaping. • Site design features that address such matters as safe access, buffering and landscaping, site grading and stormwater management are incorporated; • The proposal is on a The site is located on Loch Lomond Road, which is identified property identified as a as an arterial roadway on Schedule C of the Municipal Plan Corridor on the City and is located approximately 110 metres east of the Page 5 of 9 46 Brenda Defazio 93 Loch Lomond Road January 11, 2019 Structure map Commercial Corridor designation at the Westmorland Road / (Schedule A) or does not Loch Lomond Road intersection. The existing building has a detract from the City's floor area of approximately 80 square metres. Staff are of the intention to direct the opinion that the proposal will not detract from future majority of new residential development in intensification areas given the scale of the development to the Primary proposal and the location of the development. Centres, Local Centres, and Intensification Areas. Staff are of the opinion the proposal meets the intent of the Municipal Plan. Section 59 Amendment The applicant is seeking to amend the Section 59 conditions that limit the use of the site to a business office and general insurance office to allow for the conversion of the existing building to a personal service establishment (aesthetic salon). It should be noted the existing General Commercial (CG) zoning of the site permits a range of commercial uses. Given the underlying zoning, combined with the surrounding neighbourhood context of the site, which includes its proximity to lands designated Commercial Corridor and location along an arterial roadway, Staff recommend permitting a broader range of commercial land uses beyond that which is currently permitted and that being sought by the applicant. This would provide the potential for future redevelopment of the site with alternate uses without the need for a future application for a further amendment to the Section 59 conditions. The proposed list of permitted land uses would be sufficiently narrow to ensure compatibility with the underlying Stable Residential land use designation and surrounding residential uses. This will ensure current and future use of the site will have minimal impact on the surrounding neighbourhood structure. Based on this, Staff propose that the use of the subject site be limited to the following land uses: • Artist or Craftsperson Studio; • Bakery; • Business Office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Policing Office; • Day Care Centre; • Dwelling Unit, subject to paragraph 11.7(3)(c); • Financial Service; • Funeral Service; • Garden Suite, subject to section 9.8; • Grocery Store; • Home Occupation; • Library; Page 6 of 9 47 Brenda Defazio 93 Loch Lomond Road January 11, 2019 • Medical Clinic; • Personal Service; • Pet Grooming; • Place of Worship; • Restaurant; • Retail, General; • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Housing, subject to section 9.14; • Veterinary Clinic. It should be noted that in addition to being permitted uses in the General Commercial (CG) zone, the majority of the uses listed above are also permitted uses in the Local Commercial (CL) zone which demonstrates their compatibility with residential land uses. In addition to a condition limiting the use of the site, two conditions were imposed in 1987 in association with a redevelopment proposal to demolish the existing building and to replace it with a new building in the rear portion of the site. These conditions require: 1) the parking lot be paved with asphalt and have concrete curbs; 2) a professional landscape architect be hired to design a berm and hedge for across the front of the property. The existing parking area is paved and is located immediately adjacent to the paved access to Woodlawn School located to the rear of the site. The existing paved parking area is sufficient to accommodate the two required parking spaces for the personal service establishment. With respect to landscaping of the site, the existing conditions require that should the building be demolished and the site redeveloped with a new building in the rear portion of the site, a landscape architect would have to be hired by the proponent to design a berm or hedge for the front of the property. Staff note that any redevelopment of the site involving the construction of a new building will require landscaping of the required front and rear yards (3 metres) and required side yards (5 metres along the eastern property line of the site and 1.5 metres along the western property line). Staff are of the opinion the current by-law standards are sufficient to govern landscaping of the site should redevelopment occur without the specific requirement for a landscape architect to be retained to design a berm or hedge for the front portion of the site. Conclusion The applicant is seeking to amend the existing Section 59 conditions that were applied to the subject lot upon the original rezoning of the site in 1973 and subsequent amendments to the conditions in 1987 and 1992. Staff recommend rescinding the existing conditions and imposing a new condition to broaden the land uses permitted on the site. Page 7 of 9 48 Brenda Defazio 93 Loch Lomond Road January 11, 2019 ALTERNATIVES AND OTHER CONSIDERATIONS There are no alternative recommendations proposed for this application. Although not a specific land use consideration, the proposal meets the Council Priorities related to providing a competitive business environment for investment and business creation to create job opportunities and developing neighbourhoods that align with the principles of the Municipal Plan. ENGAGEMENT 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 January 4, 2019. The public hearing for the rezoning was advertised on the City's website beginning on December 21, 2018. SIGNATURES AND CONTACT Prepared by: x1d Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Mark Reade Phone: (506) 721-0736 E-mail: mark.reade@saintjohn.ca Project: 18-262 Approved by: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner !Loll Page 8 of 9 Brenda Defazio 93 Loch Lomond Road January 11, 2019 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Floor Plan Page 9 of 9 50 CIA UZA, WHEN I 51 yO-ov-1 � z w CIA UZA, WHEN I 51 yO-ov-1 � IN y \ w - Future u,> e \rn\ .se 52 Brenda \ d S 93 Lo \ Lomond Road (CC) Corridor Commercial (RL) Low -Rise Residential (CFN)Neighbourhood Community Facility (CG)General Commercial (P) Park (R2)Two-Unit Residential Map 3 - Zoning 53 Birenda Defazio - 93 Loch Lomond Road Aerial Photography Lomond %' Photography Lomond View of Site from Loch Lomond Road frontage. View of site from west showing parking area and main and accessory buildings. 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Fee$300, Soo-cliI 35) Amendment qervk�e I $2,5W) c, ,ILII,, Y O:F S A,ill 1`4 AJ)PI 11CA 1 1101 FMIE PAM) �_ Y' �Nirr)ii-'(':�,c)irifriiiiiiiiriiiiiini Use �[D Zoning [3y-limov Arriiiiendateint Sieuvice F�iee!! 52,50() I Safisfaictoiry SeirvirJng -] r-, Se:iivllce 1 $2,00, Zoinirig IlBy'-,Iliaw,Aim�eriidrir°rcaiini't with a Mu116knpal Ilrl,a�ir2Fui,A,iiaieiinildirrieiint Seiiwllce! Fce� v3,50N��i -- DIETAILED DESCREPTIGN II APIP'll ICATIC)I4 Where appNcablel, irWI,cate the warn es to exisUng S&Abin:39 cmdifions,, zonIin, ciiiir Akjii,-kipaIl IRan desii nation Ikon nig requested Mach sde:Plans" Iburridirug elevations, fliI IpWns, and cAlheir diescribe, thick, apIpfic;abon Me suibrnIissiorl of a prehimMary proposcil and a Pire-AppIlic-mbon iMwieting Iss pnirx)tiraqf,',,d OD sIing a1ppriovaIl. FIlleime contact thie One• Sty op L)evelopment Shop ati(.W.6') 1658 2911 for furfl,iier lirnfrorm abon, Ir AY Lc .................. .. 41 1, -VII L C, &2 .............. tj 10 e, 4.J CC, 61 II:..-'PQlCK.JMlBRANC�ZS 6A. $q f, Dec,Ic,ribe cNny easements, restric-,five oxwenants, and other lencurnbranres affevcbrig. the, kmid. AllUTIAGIRIZAT110N Ar. of the I I this,alpl,:ok'iicaiiiinirlillI k1, tiqe uiin�cJersigniied,, ain'n tliie re diskeiired owineIrr nf'Y1[1118 lairid dew,,rIl,,)led iillni authodzed algent tlhlereof,, and 11 Ihna ve exanni:11ried the conteiinitrr I this apip ficatialin avid illseirelby certily Rial thie infoirinliaboin suilbriiiiiIi'l[led Yffth the ajppfilc,,WiIlon i:scorirelct Msirifair as III Iii saaln lanoWliedige iol these ftilcls, anid III 1I mAhorlize R!iie alpplllcanl to, relpireseinit, Dims iiiinaifter rosin to provilide any addilloiriiM Iinfniii'riinatb that YvHlllltoe rilEm;ess'zir v fuir thills appi[Icalkin Fliegislered! 5vviiiii'V Agent Ql,ate Addiitlioiil'n,W IllRiegisteiii"ed Owineir no "Dile iiiinfoinviiiamin wiribdinexll !!in tlhllls apjpj� jj,,,,njtU�Ojjrii and any d0lulliterRa tilon" ilinickmilling pillains, dlrc'A)AJ'lRi4S, m1poults, aii"�rirl studiIes pirioOdlied ni, oujp;nllclflt I a,rr)lll°w[Viii(,',il'tilr)11!'m M11111 blecorine Ipa it°i of Ike, r°wiulbfic record REVISED i 3:15 pm, Dec 06, 2018 From: Reade. muk To: UUMe5 . Aim Subject: FW: 93 Loch Lomond Road, Section 39 Amendment Date: December -06-18 1:17:38 PM Can you add ttH�s to, they ' ppdicadr,::m for 93 I_ci<'h Lornond Road pn IL.asi-i'r- iclr e? R us in the New Files Mark f6der. Mark Reade, . n ., IM I , IRPP Senior (Planner �, Urhainiste Principal Circa -i & Cornmunity ICDcv6op pent Services f Services axes sur la croisw;ance et le developp pent ceam maunauutaire Wth Floor, pity IHa4 City of Sainr John P.0 Box 1471 Saint Jahn, NB E2L 4L11 Recepon: (506) 658,2835 Direct Tel� (506) 72 1,0736 Facsiffide4. (506) 658,28 P r s.. r�. From: Brenda Defazio [mailto:defazio5368@gmapl.com] Sent: December -04-18 5:55 PM To: Reade, Mark Subject: 93 Loch Lomond Road, Section 39 Amendment Nice to meet you today Mark. I would like to advise you that I plan on doing eyelash extensions and nails out of my proposed lash and nail bar at 93 Loch Lomond Road. Currently it is zoned commercial with a stipulation that it be used for office space only. There will be at most 4 people on site; two clients and two staff. There is ample parking at this location. Hours of operation will be 9 to 5 Monday to Friday. If you have any questions, please do not hesitate to contact me. I also appreciate the help you have given me. Kind regards Brenda Defazio FRONT aimlam 4 1. �ojm to 10 leg RA I Flap &M Mg -4 MAIN WORK s,rE a --*--INDICATING 11 OV OUTLETS KITCHENILUNCH ROOM SECONDARY WORK SPACE , AM REAR 61 r, i ti �a i, � � r,��, � /r.°' � .�� r � ii �;;, �; .. .., o . f,�r. PROPOSED SECTION 59 AMENDMENT RE: 93 LOCH LOMOND ROAD � Saint John Page I of 2 SAINT JOHN PF101�XOSED SECTION 59AMEU�')lq 00i L0140I'T[) RO,&�,) • MtRiia 111i I I �11 q 1� 11 i ri 11:11ROPOSEE) SECT ION 59 ANIENDME111Y 11 RE� 93 LOCH I 0P40ND R()AD 63 http://www.saint'john.ca/en/home/news/publicnotices/communitv-t)lanninL-/-nroDosed-see... 02/'01/2019 1350 Hickey Road lm�i �� 211 Growth & Community Planning, Team 64 Growth & Community Development Services Proposal %///O//// 01011// UG d C)f f f„iii in,ifmm p q,� ,¢. W 0 0 Ammidellho ening M (CC) Coi hdor Carnrne6a I (RL) Low -FC iso RosVdentiall (CFM) Major Community Facility (RM) Md -Rise Residential (C'G) GeneiW (>irnrrmcW (FD) FUtUre Development R2) Two-Unct Residential NIIIIIIIIIHIIIIIIIIIIMIIIIMII U 1, �- » . - - 68 * Section 39 Condition Submission 2: Ske Plan I num HUC�"ES Hughes Surveys & Consultants DEVELOPMEN PN THE VINE PROPERTY 350 HICKEY ROAD ro.g �,,k7- ITE PLAN 70 10 73 f) Limit accesses Hickey Rd (entry only), two on Bruce Lane (exit only and loading/unloading only). g) Remove condition to curb and provide sidewalk along Bruce Lane to any driveway h) Remove condition to grant easement i) Remove condition to require detailed site plan j) Remove site improvements timeline of one year 76 Driveways • parking areas paved and curbed I Continue to require curbing a side of Bruce Lane to the secc but remove sidewalk requirer Retain this condition as it is at measure to ensure appropri landscaping, driveway signaj�,.I Additional condition— storm systems require submission ai acceptance of as -built drawin; issuance of occupancy permit Community Engagement Planning Advisory Committee Recommendation Subsequent to the PAC meeting, staff meet with Infrastructure d Operations to• •o northof of condition endorsethe existing street standard, staff have decided to • this condition.modified recommendation. been included in . •• I report.Council 16 79 Staff Recommendation COUNCIL REPORT M&C No. 201.11..368 Report Date January 23, 2019 Meeting Date January 28, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 1350 Hickey Road — Supplementary Report OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Authors Commissioner/Dept. HeadCity Manager Andrew Reid Jacqueline Hamilton/ Michael Hugenholtz John Collin RECOMMENDATION That Common Council consider amending Planning Advisory Committee's recommendation with the following: That Common Council amend the Section 39 conditions imposed on the March 1, 2004 rezoning of the property situated at 1350 Hickey Road, also identified as PID 00313072 by rescinding the existing conditions and imposing the following: a) The developer must pave all parking areas, vehicle manoeuvring areas and full widths of the driveways with asphalt and enclose them with cast -in-place concrete curbs to protect the landscaped areas and to facilitate proper drainage; b) Adequate site drainage systems must be provided by the developer, in accordance with an engineered storm drainage submission, and subject to the approval of the Chief City Engineer or designate, and the approved drainage submission must be attached to any application for building permit for the development; c) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas, including the City street right-of-way to the edge of the City sidewalk; d) The landscaping along the front lot lines of the developed portion of the site must have a minimum width of 3 metres (10 feet), inside the front property line, except where interrupted by a permitted driveway; e) Vehicular access to the site shall consist of a maximum of one driveway on E:1iI -2 - Hickey Road used as an entry only, a maximum of one driveway on Bruce Lane used as an exit only, and a maximum of one driveway from Bruce Lane for loading and unloading for deliveries all with appropriate signage. No access is permitted on Loch Lomond Road. The exact location of any permitted driveway is subject to the approval of the Chief City Engineer or designate; f) The site shall not be developed except in accordance with a detailed site plan and detailed building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location, design and exterior finish of all buildings, the location and treatment of parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, and the approved site plan and building elevation plans must be attached to any application for building permit for the development; and g) All Storm Drainage Systems require As -Built Drawings confirming the installation of the required stormwater drainage system must be submitted and accepted by the City prior to the issuance of an Occupancy Permit; EXECUTIVE SUMMARY As part of the review of the 1350 Hickey Road Section 59 Amendment application, staff was directed by the Planning Advisory Committee to consult with Infrastructure Development and Transportation and Environment staff to ensure staff's recommendation regarding curbing the north side of Bruce Lane would not exacerbate the existing conditions of the street. Subsequent to the meeting, staff undertook further assessment of Bruce Lane and decided to remove the requirement to install curbing along Bruce Lane. PREVIOUS RESOLUTION On January 15th, the Planning Advisory Committee directed that staff consult with that Infrastructure Development and Transportation and Environment staff to review the construction of the curb on the north side of Bruce Lane, in particular the existing curb return radius, from an operational and safety perspective in light of the concerns raised by residents and communicate back to the applicant prior to the Public Hearing. STRATEGIC ALIGNMENT n/a REPORT E:3► -3 - Upon further review of the existing Bruce Lane street alignment, Planning, Infrastructure Development, and Transportation & Environment staff determined that considerable work to the right-of-way would be required to extend curbing along the north side of Bruce Lane. Considering street width, curb installation and any required street drainage, staff concluded it would more appropriately be addressed through a future street reconstruction. Staff are therefore recommending a revised recommendation that Common Council proceed with the Planning Advisory Committee's recommendation, while removing the curbing condition the north side of Bruce Lane. SERVICE AND FINANCIAL OUTCOMES No service or financial implications are anticipated as a result of this report; the recommendation deals with improvements to private property. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report has been reviewed by Infrastructure Development and Transportation & Environment Services. ATTACHMENTS 1—Staff Presentation re: 1350 Hickey Road 2 — Recommendation from the Chair of Planning Advisory Committee re: 1350 Hickey Road 3 — Staff Report dated January 11, 2019 re: 1350 Hickey Road E:ic3 January 25, 2019 Tile City of Saint 101 111 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Section 59 Application 1350 Hickey Road On December 17, 2018 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 15, 2019 meeting. Staff presented the applicant's request and staff's recommended amendments to the set of existing Section 39 conditions. The applicant was in attendance and requested clarification regarding part (h), with respect to as -built drawings. After receiving clarification, the applicant voiced full support for staff's recommendation. David Pollard, a resident of Bruce Lane, appeared before the Committee. He noted he was in favour of staff's recommendation to remove the sidewalk requirement on Bruce Lane, due to the narrowness of the street. He indicated concern that because the sidewalk and curb curving off Hickey Road had decreased the width of Bruce Lane, he was not in support of extending the curb from the existing infrastructure along Bruce Lane. The applicant re -appeared before the Committee, requesting clarity on curbing the north side of Bruce Lane. Staff responded that the inquiry regarding existing infrastructure would need to be deferred to Transportation and Environment Services and Infrastructure Development; however, a curb may still be suitably designed on the North Side of Bruce Lane and this issue need not necessarily affect the proposed Section 59 condition. The Committee recommended that Infrastructure and Transportation and Environment staff review the construction of the curb and sidewalk return on the Page 1 of 3 84 Residential Contractors 1350 Hickey Road January 24, 2019 north side of Bruce Lane, in particular the existing curb return radius, from an operational and safety perspective in light of the concerns raised by residents and communicate back to the applicant prior to the public hearing. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the March 1, 2004 rezoning of the property situated at 1350 Hickey Road, also identified as PID 00313072 by rescinding the existing conditions and imposing the following: a) The developer must pave all parking areas, vehicle manoeuvring areas and driveways with asphalt and enclose them with cast -in-place concrete curbs to protect the landscaped areas and to facilitate proper drainage; b) Adequate site drainage systems must be provided by the developer, in accordance with an engineered storm drainage submission, and subject to the approval of the Chief City Engineer or designate, and the approved drainage submission must be attached to any application for building permit for the development; c) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas, including the City street right-of-way to the edge of the City sidewalk; d) The landscaping along the front lot lines of the developed portion of the site must have a minimum width of 3 metres (10 feet), inside the front property line, except where interrupted by a permitted driveway; e) Vehicular access to the site shall consist of a maximum of one driveway on Hickey Road used as an entry only, a maximum of one driveway on Bruce Lane used as an exit only, and a maximum of one driveway from Bruce Lane for loading and unloading for deliveries all with appropriate signage. No access is permitted on Loch Lomond Road. The exact location of any permitted driveway is subject to the approval of the Chief City Engineer or designate; f)The developer must extend concrete curb to City specifications, along the north side of Bruce Lane to the second driveway; g) The site shall not be developed except in accordance with a detailed site plan and detailed building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location, design and exterior finish of all buildings, the location and treatment of parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, and the approved site plan and building elevation plans must be Page 2 of 3 85 Residential Contractors 1350 Hickey Road January 24, 2019 attached to any application for building permit for the development; and h) All Storm Drainage Systems require As -Built Drawings confirming the installation of the required stormwater drainage system must be submitted and accepted by the City prior to the issuance of an Occupancy Permit; Respectfully submitted, Eric Falkjar Chair Attachments 1 — Report to Planning Advisory Committee dated January 11, 2019 Page 3 of 3 86 The City of Saint. John Date: January 11, 2019 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, January 15, 2019 SUBJECT Applicant: Residential Contractors Inc. on behalf of 616813 N.B. Ltd Owner: 616813 N.B. Ltd (On the Vine Meat & Produce) Location: 1350 Hickey Road PID: 00313072 Plan Designation: Stable Commercial Existing Zoning: General Commercial (CG) Application Type: Section 59 Amendment Jurisdiction: Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the existing Section 39 conditions of the subject property. Council will consider the Committee's recommendation at a public hearing on Monday, January 28, 2019. SUMMARY The applicant is proposing to amend existing Section 39 conditions as part of the redevelopment of the "On the Vine" market. The market has expanded incrementally over the years. The most recent proposal is to partially demolish the existing structure and rebuild. With Page 1 of 8 87 Residential Contractors Inc. 1350 Hickey Road January 11, 2019 the redevelopment of the site, the applicant is seeking to remove existing conditions related to curbing, provision of sidewalks, and access limitations on Bruce Lane. While there is no rationale to remove conditions on curbing, staff are supportive of eliminating the sidewalk requirement on Bruce Lane because the street is a dead end and is not anticipated to be well used by pedestrians. In addition, two driveways off Bruce Lane are acceptable provided appropriate signage is implemented showing the second driveway to be used for loading/unloading only. Further amendments to the conditions are recommended to reflect Growth and Community Development's current practice. RECOMMENDATION That Common Council amend the Section 39 conditions imposed on the March 1, 2004 rezoning of the property situated at 1350 Hickey Road, also identified as PID 00313072 by rescinding the existing conditions and imposing the following: a) The developer must pave all parking areas, vehicle manoeuvring areas and driveways with asphalt and enclose them with cast -in-place concrete curbs to protect the landscaped areas and to facilitate proper drainage; b) Adequate site drainage systems must be provided by the developer, in accordance with an engineered storm drainage submission, and subject to the approval of the Chief City Engineer or designate, and the approved drainage submission must be attached to any application for building permit for the development. C) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas, including the City street right-of-way to the edge of the City sidewalk; d) The landscaping along the front lot lines of the developed portion of the site must have a minimum width of 3 metres (10 feet), inside the front property line, except where interrupted by a permitted driveway; e) Vehicular access to the site shall consist of a maximum of one driveway on Hickey Road used as an entry only, a maximum of one driveway on Bruce Lane used as an exit only, and a maximum of one driveway from Bruce Lane for loading and unloading for deliveries all with appropriate signage. No access is permitted on Loch Lomond Road. The exact location of any permitted driveway is subject to the approval of the Chief City Engineer or designate; f) The developer must extend concrete curb to City specifications, along the north side of Bruce Lane to the second driveway; and g) The site shall not be developed except in accordance with a detailed site plan and detailed building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location, design and exterior finish of all buildings, the location and treatment of parking areas, Page 2 of 8 88 Residential Contractors Inc. 1350 Hickey Road January 11, 2019 driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, and the approved site plan and building elevation plans must be attached to any application for building permit for the development. h) All Storm Drainage Systems require As -Built Drawings confirming the installation of the required stormwater drainage system must be submitted and accepted by the City prior to the issuance of an Occupancy Permit; DECISION HISTORY On April 9, 1990, Common Council resolved to withhold third reading on a Municipal Plan amendment and rezoning for a six -bay car wash until a Section 39 agreement including paving, curbing, and landscaping for the subject property was executed. Third reading was not given because the applicant decided not to proceed with the proposal. On March 1, 2004, Common Council gave third reading to rezone the subject property from RS - 2 to B-2 and pursuant to Section 39 of the Community Planning Act, imposed conditions on the property related to paving, drainage, landscaping, and access to develop a "country market," which included a garden centre, bakery, delicatessen and produce store (the 2004 conditions are attached). On November 20, 2006, Common Council held a public hearing for an application to amend Section 39 conditions on the subject property for the purposes of constructing a food distribution centre and related training facility. Subsequent to the application being circulated, the applicant decided not to proceed with the distribution centre; however, the section 39 application proceeded. At the public hearing, the applicant opposed the Committee's recommendation and Council resolved that the proposed amendments be referred to staff for further discussion to reach a more agreeable settlement. An alternative agreement was not reached and the matter has remained largely unresolved. ANALYSIS Proposal The applicant is proposing to amend existing Section 39 conditions related to site improvements, curbing, sidewalks, and accesses. A number of conditions have been dealt with over the years by previous owners and the current owner; however, curbing and site improvements around Bruce Lane have remained outstanding. Concurrent with this application, a phase one building permit has been sought to enable the foundation of the building to be poured. A permit for phase two of the development, which will involve construction of the building and site improvements, will be contingent on the outcome of this application. A phase two permit will not be issued unless the required conditions are met. Page 3 of 8 89 Residential Contractors Inc. 1350 Hickey Road January 11, 2019 Site and Neighbourhood The subject property is located at the intersection of Loch Lomond Road, Hickey Road, and Bruce Lane. The property current contains the On the Vine country market. The property is designated Stable Commercial and zoned General Commercial (CG). There are several other businesses located at this commercial node, including a large hardware store, a restaurant, two auto repair garages, and a self -storage facility. The market and parking area has incrementally expanded since the site was first developed in 2004. Around 2006, a second driveway was added off Bruce Lane for loading and unloading. No curbing improvements have been made to the parking area over the years such that landscaping around the site, in particular the south side around Bruce Lane has become washed out with gravel. In addition, the driveway widths have not been properly delineated with curbs. Overview of Conditions Existing Section 39 conditions are outlined below, with the applicant's proposed amendments marked in bold. Comments have also been provided to detail the rationale behind staff's recommendation. Requested Amendments by Staff Staff Comments Applicant support Not supported. Curbing of the site has been a) The developer must pave all parking outstanding for 15 years. It is a standard of the areas, vehicle manoeuvring areas and Zoning By-law for this area of the city and typical driveways with asphalt and enc?vse of surrounding commercial developments. Staff them With Gast _in_plane renrrn+o x recommends retaining this condition to ensure r.UFbS 4G pFeter4 the landsraped proper demarcation of driveways, parking areas, e. --.--and W facilitate proper drainage; and landscaped areas. There is no planning rationale for removing this standard. b) Adequate site drainage facilities must be provided by the developer, including catch basins where necessary, in accordance with a Staff is in agreement that this condition remain. detailed drainage plan, prepared by No The condition has been updated to reflect current the developer and subject to the Amendment practice related to the regulation of storm approval of the Chief City Engineer or his designate, and the approved drainage plans. This is now required by the City's drainage plan must be attached to any Drainage By-law. application for building permit for the development; c) The developer must landscape all disturbed areas of the site not Staff is in agreement that this condition remain. occupied by buildings, driveways, No There should be no gravel in parking or walkways, parking or loading areas, Amendment landscaped areas as a result of curbing clearly including the City street right-of-way to defining these boundaries. the edge of the City sidewalk; Page 4 of 8 90 Residential Contractors Inc. 1350 Hickey Road January 11, 2019 d) The landscaping along the front lot lines of the developed portion of the site must have a minimum width of 3 No This condition has been met. The landscaping metres (10 feet), inside the front Amendment along the front yard (Hickey Road) is to standard. property line, except where interrupted by a permitted driveway; e) The developer must install all telephone and electrical wires No Staff are recommended that this condition be underground from the existing overhead facilities on the street to any Amendment removed given the context of the area. building on the site; f) Vehicular access to the site shall consist of one driveway on Hickey Road used as an entry only, a maximum of one driveway on Bruce Fully supported by staff. A new driveway was Lane used as an exit only, a added around 2006 to support loading and driveway from Bruce Lane for p unloading for the expanded market. The loading and unloading, and no access on Loch Lomond Road, and driveways are adequately spaced. Signage should the exact location of any permitted indicate the second driveway is to be used for driveway is subject to the approval of service deliveries only. the Chief City Engineer or his designate; Partially supported. Given the property owner's g) The deVeloner . USt extend ongoing use of Bruce Lane, staff recommend ^on^rete ^rh and sidewalk, to Gity D curbing improvements be implemented along cne^ifi^ationc along Qr..^e l ane to Bruce Lane to the second driveway. From the any dFiaeway; perspective of providing a sidewalk for connectivity, Bruce Lane is a dead end street and there is no destination with which to connect. h) Drior to ^ommen^inn the dem nment�f the ef the owner - of the'and shall gFant to the Mita of of Saint John any ne^essa4y easements that in the opinion of f the Ghief !`ity CnrrineorJ 0 mni^incl to protest the existing Fully supported by staff. The easement has been a92ter transmission line that tralMrspthe Site, With aft dor-mentation to he prepared by the Mita and eve^--tpd -t no ^ost to Q P the \�mcrA9RPr• rrr-v granted and this condition may be removed. M) TThheSit shill not ho developed event in a^^ordan^e ..4th , detailec Removal of this condition is not supported by site plan and dotailerJ building staff. A site plan is a standard requirement and an elevation plans, prepared by the important measure to ensure the site is developed rlovelonor and suhie^t to the in accordance with an approved plan. It is approval of the Development Offi^er indi^ating the lo^ation X important that the site plan show appropriate 'and exterior finish of all design signage for types of access include that the buildings, the lo^ation and- second driveway off Bruce Lane is limited to treatment of paFking ,realf dFivmvws loading areas ci- f f f service deliveries only. Page 5 of 8 91 Residential Contractors Inc. 1350 Hickey Road January 11, 2019 evterier lighting, landscaped areas and other cion feat-recand the f a PPrwed Site Plan and building elevation Plans Must ho attarhpd to any applira-tien fer -building Permit fer the development; it All site imPrwementc 79 chOWR It is a standard requirement for site improvements Plan and- on the ,PPr„_,ed Site rlrainarro Plan be rim Pleterl p to be complete within two years of the issuance of must ..,ithin one .,ear �f building Permit a building permit and therefore this condition is �k redundant. An additional condition is also recommended requiring storm drainage submission and approval of as -built drawings prior to the issuance of an occupancy permit for the new building. Variances Should the applicant be successful in removing condition (a) with respect to curbing, a variance would be required from part 4.2(5) a of the Zoning By-law, which requires cast -in-place curbing. The variance may be considered by the Development Officer but not until such time as Council renders a decision on the application. Conclusion The proposed expansion of the market is a welcome addition to this site and the surrounding neighbourhood. On balance, the proposal is largely supported by staff. Recommendations include modifications to the existing conditions that apply to the site to ensure appropriate redevelopment of the site. Staff is not recommending relaxation of the curbing requirement as requested by the applicant; there is an established standard for commercial development in the City's Zoning Bylaw with respect to curbing to protect the landscaped areas and to facilitate proper drainage, and there continues to be no planning rationale to support relaxing requirement for this particular site. ALTERNATIVES AND OTHER CONSIDERATIONS The Committee may propose modifications to staff's recommendation regarding individual or the collection of conditions. ENGAGEMENT 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 January 4, 2019. The public hearing for the rezoning was advertised on the City website on December 21St, 2018. Page 6 of 8 92 Residential Contractors Inc. 1350 Hickey Road January 11, 2019 SIGNATURES AND CONTACT Prepared: Andrew Reid, MCIP, RPP Planner Reviewed: Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Andrew Reid Phone: (506) 658-4447 E-mail: andy.reid@saintjohn.ca Project: 18-255 Approved: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 7 of 8 93 Residential Contractors Inc. 1350 Hickey Road January 11, 2019 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Attachment 1: 2004 Conditions Submission 1: Requested Amendments by Applicant Submission 2: Site Plan Submission 3: Renderings Page 8 of 8 94 P/0"11/1", Map 1 �- Site Location Residential Contractors on behallf of 616813 NB Ltd. - 1390 Hickey Road & 90 6 0, . ......... ) of0" P 1/00,11, 1/00/0" TL 00001, ii 0000 A 000/1, 5<1-1-1 LN Map 2 1- Future Land Use Residential Contractors on behallf of 616813 NB Ltd. - 1390 Hickey Road E ROMUMBRUCE PPI, 0, /,aidsdl (CC) Corridor Commercial (RL) Low -Rise Residential (CFM) Major Community Facility (RM) Mid -Rise Residential (CG) General Commercial (FD) Future Development (R2) Two -Unit Residential Map 3 - Zoning Residential Contractors on behallf of 616813 NB Ltd. - 1390 Hickey Road 0, /,aidsdl (CC) Corridor Commercial (RL) Low -Rise Residential (CFM) Major Community Facility (RM) Mid -Rise Residential (CG) General Commercial (FD) Future Development (R2) Two -Unit Residential Map 3 - Zoning Residential Contractors on behallf of 616813 NB Ltd. - 1390 Hickey Road Map 4 - Aerial Photography Residential Contractors on behallf of 616813 NB Ltd. - 1390 Hickey Road Site Photography Residential Contractors on behalf of 616813 NB Ltd. - I S90 Hickey Road Attachment l:2OO4Conditions I That pursuant nothe provisions o[Section 39nfthe Community Planning Act, the proposed development u[uparcel ofland with ail area ofapproximately 7ZO0square metres (l.8oures),hoated at 1350 Hickey Road, also identified as being PID 3 13072, for commercial purposes be subject to the following conditions: u) The developer must pave all parking areas, vehicle trianoeuvring areas and driveways with asphalt and enclose them with cast -in-place concrete curbs to protect the landscaped areas and to facilitate proper drainage; h) Adequate site drainage facilities must be provided 6ythe developer, including catch basins where uuoouaury, in accordance with a detailed drainage plan, prepared by the developer and subject to tile approval ofthe Chief City Engineer orhis designate, and the approved drainage plan must be attached tmany application for building permit for tile development; o) Tile developer must landscape all disturbed areas of the site not occupied by buildings, driveways, v/u|kvoya, porkiogo, loading areas, including the City street rigb(-of-vvuytothe edge ufthe City sidewalk; d) The landscaping along the front |N lines of the developed portion of the site must have aminimum width of3 metres (l0 feet), inside the front property line, except where interrupted 6yapermitted driveway; e) The developer must install all telephone and electrical wires underground from the existing overhead facilities oil the street 10any building onthe site; D Vehicular access to the site shall consist of a maximum of one driveway on Flickey Road, a maximum of one driveway on Bruce Lane, and no access on Loch Lomond Road, and tile exact location of any permitted driveway is subject to the approval of the Chief City Engineer or his designate; g) The developer must extend concrete curb and sidewalk, toCity opccifixutiono,along Bruce Lane \nany new driveway; h) Prior to commencing the development of the site, the owner of the land shall grant to the City of Saint John any necessary easements that, inthe opinion ofthe Chief City Engineer, are required tm protect the existing municipal water transmission lines that traverse the site, with all documcutationto6eprepared hythe City and executed ytnncost tothe owner; i) The site ukuU not 6cdeveloped except in accordance with adetai|od site plan and detailed building elevation plans, prepared by the developer and subject tothe approval of tile Development Officer, indicating the location, design and exterior finish of all buildings, tile location and treatment of parking areas, driveways, loading areas, signs, exterior lighting, \ondaoepud areas and other site features, and the approved site plan and building elevation plans must be attached to any application for building permit for the development; j) All site improvements ooshown onthe approved site plan and drainage plan must 6ecompleted within one year of building permit approval, with the exception of site paving, which must be completed within eighteen months ofbuilding permit approval; and further that upon the rezoning tile area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. ADOPTED BY COMMON COUNCIL l MARCI 12004 100 Submission 1: Requested Amendments by Applicant Proposal toAmend Section 3DConditions under Section 59, 616813 N. B. Ltd. Property Operating asC)nthe8ine, Hickey Road - PID #00313073 It is proposed the property be subject to the following conditions: a) The developer must pave oil parking areas, vehicle monoeuvring areas and driveways with asphalt ondfocildteproper drainage, b)Adequate site drainage facilities must beprovided bvthe developer, including catch basins where necessary, in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate, and the approved drainage plan must be attached toany application for building penn/tfbrthe development, c) The developer must landscape a// disturbed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas, including the City street right-of-way to the edge of the City sidewalk, nUThe landscaping along thefront lot lines of the developed portion of the site must have a minimum width of3metres /2O6eeti inside thefruntproperty line, except where interrupted by permitted driveways; e) The developer must install all telephone and electrical wires undergroundfrom the existing overhead foc0/bfs onthe street toany building onthe site; f) Vehicular access to the site shall consist of a maximum of one driveway on Hickey Road used as an entry only, a maximum of one driveway on Bruce Lane used as an exit only, a drivewayfrom Bruce Lane for loading and unloading o//with appropriate signage and noaccess unLoch Lomond Road, and the exact location nfany permitted driveways /ssubject tnthe approval ofthe Chief City Engineer orhis designate; The property owner has faced anumber of challenges over the years they have been operating but now find they are inaposition to dnamuch needed modernization and expansion oftheir business. The modernization and expansion of their business will provide an opportunity to create additional jobs and the larger, more modern premises will add to the property value thus producing an enhanced assessment. Many 0fthe previously imposed conditions have been met. For example an easement for municipal services was granted to The City of Saint John to protect existing municipal water transmission lines that traverse the site granted at no cost tmthe municipality. Modifications to the site access have been adjusted to provide for a safer situation for customers, staff and deliveries tothe site over the years and form part ofthis application. Site drainage is being addressed in accordance with the city's recently adopted by'|avv. VVerequest hecondition toadd sidewalk and curbing along Bruce Lane beeliminated aSitappears toadd anunnecessary cost tothe project. The recently applied for building permit for modernization and expansion of their business addresses many of the conditions imposed inthe March ZOO4. Conditions that are subject t0approval ofthe Development Officer a5 authorized byCommon Council atthat time. 101 2 co z", 1 7 T /NO EXIT SIGN GRASS ;S R In R 0 ISSUED FOR APPROVAL 28-NOV 2018 JLP NO. Revisions Date By H UC -7 H ES SURVEYORS - ENGINEERS oo Hughes Surveys & Consultants Inc. OWE "Wb*m=WJ"m) W5 Om Strut Td Sm mm. w E2L 50 "AM Project Title PROPOSED DEVELOPMENT ON THE VINE PROPERTY 1350 HICKEY ROAD Dra,Mng Title SITE PLAN PROPOSED CONDITIONS CADD By ChWd by Scale AIR I RET IHORZ. 1:750 Project No. Phase Revision Sheet Y1 8172- 1 01 2 R 0 ISSUED FOR APPROVAL 28-NOV , ��JLP No. Revisions By By 00 C) MEMO HUC;HES 1350 HICKEY ROAD SURVEYORS - ENGINEERS E Hughes Surveys & Consultants Inc. 0 (Imm- Drawing Title 575 Cim Shed Td eJOB)634-1717 Sok ift. a Rm E2L 513 did : h%9k*AW2Wfi= -0 PROPOSED DEVELOPMENT 0 ON THE VINE PROPERTY 1350 HICKEY ROAD Drawing Title SITE PLAN EXISTING CONDITIONS CADD By Chk'd by Scale JLP RE I H8RZ. 1:750 F 0 OD Project No. Phase Revision Sheet Y18172- 0 1],=� r / m r 11 � -:. ypm , ..//,. " GROWTH 8�,COMMUNITY DEVELOPMENT SERVICES V181N ti, ,9, kr ."dV!Vrsk"!r l„1ChitAi 1� 'Phoria' 656=2991 Fait 632-b199” a „CITY `aF SAINTSC7HN LOCATION !,CIVIC ADDRESS : 1350 Hickey Rd, Saint John, NB E2J 5C9 =D#00313072 HERITAGE AREA: Y I N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN Y / N tn _., LLIZ APPLICATION #: DATE RECEIVED: 1, RECEIVED BY: APPUCANTAesidential Contractors EMAIL PHONE on behalf of 616813 N. B. Ltd. Bob Landry <res.contractors@rogers.com> (506)647-8181 z 0 MAILING ADDRESS POSTAL CODE 3396 Loch Lomond Rd, Saint John, NB E2N i B5 a a:CONTRACTOR !DEVELOPER EMAIL PHONE 0 Residential Contractors Ltd. Bob Landry <res.contractors @ rogers.com> (506)647-8181 z MAILING ADDRESS POSTAL CODE 3396 Loch Lomond Rd, Saint John, NB E2N 1 B5 OWNER EMAIL PHONE Q 616813 N. B. Ltd. (506)657-8463 MAILING ADDRESS POSTAL CODE 1350 Hickey Rd, Saint John, NB E2J 5C9 PRESENT USECommercial Meat and Produce SalesPROPOSED USE: Commercial Meat and Produce Sales } BUILDING — �� PLANNING INFRASTRUCTURE HERITAGE QCO] INTERIOR �NEWCONSTRUCTION VARIANCE ❑STREETEXCAVA170N HERITAGE DEVELOPMENT Q �EXTERIORRENOVATION ACCESSORY BLDG []PLANNING LETTER 0 DRIVEWAY CULVERT []HERiTAGESIGN ADDITION POOL F]PACAPPLICAT>ON DRAINAGE 0HERITAGE INFILL 4 ❑DECK DEMOLITION WCOUNCILAPP WATER & SEWERAGE Cj HERITAGE DEMO w CHANGE OF USE SIGN ❑SUBDIVISION E]OTHER Q OTHER V ❑ MINIMUM STANDARDS OTHER QCITHER This application is for thepurposes proposing amendments ander Section 59 0# the Community Planning Act to a U_ Section 39 agreement established by Common Council on March 1, 2004. CCz oCC a0 3 u rn w Q ❑ I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collecdon Statement L the undersigned. hereby apply for the permit(sil or approva sj inds oted above for the work described cn plans. submissions and forms herewlfih This information is being risPNI, cred in ordrr for the City of Saint John to deliver an existing submittedrhiss application includes off relevant documentation necessary for program 1 service: the cdfi ^e smart is limited to (hat xhich is necessary to deliver the program ' the applied for _tis) r3r ®pproval(s). I agree to comply Wth the Pyons. service. Unlaass required w du so by la++: the City ojSaint John gill not share your personal specificat,.wr's a further agree to comply with all relevant Cty Bylaws and information H%ith any third patsy %ithow ya,r express consent. 'conditions tmp ed. esidential dOntractors -Bob Landry 616813 N. B. Ltd. The tegaiamhoriryjor c*#ea mg this information is to be found in the Atiodcipalities Act and n boW76,16813 N. B. Ltd. — Se Illmore the Right to Information and Pnxection of Privacy Act. For jttrther informailon or questions A nl'N me diene regarding the collection ofpersonal information, please contact the Access h Privacy Qjfter: r r� City Half Building Appli ni Signal e J ers Signa 8th Floor • 15 Market Square Saine.lohn. NB rac lE8 November k, 2018 November 26, 2018 aniij 08 2A5; Cate Date ,W..rd�.. wr. 1 106 r r , November 26, 2018 %tj. Mr. Mark Reade, MCiP Growth & Development Services City of Saint John 10"' Floor, City Hall Saint John, NB Residential Contractors Ltd. 3396 Loch Lomond Road, Saint John, N.B. E2N 3135 Office: 696-8523 Fax: 696-8520 res.contractors@rogers.com Re: Application to Amend Existing Section 39 Conditions (Section 59 Amendment), Dear Mark, Please find enclosed the following for the above noted Section 39 conditions application: • General Application Form and Council Application Form; • Our clients cheque in the amount of $2500 for the application fee; • Copy of Preliminary Site Plan (3) showing existing conditions; • Copy of Preliminary Site Plan (3) showing proposed site conditions. Details of the proposal are outlined in the application. Once you have reviewed the enclosed material if you have any questions, please do not hesitate to contact me. A digital submission to Onestop has been forwarded by Hughes Surveys & Consultants Ltd. at our request. We trust this application will help move the process of obtaining a building permit forward without delay. Please advise as to who we should meet with to discuss how this will impact our schedule. l can be reached at 506-647-8181 anytime. Yours truly, �. ResidenLidl ntrat ors Ltd. R rtBob Land / { � ry ,.fCouncil Amlicallon Develo Piki,ent a"�� ? i� �. ♦ u r . J I �GIVIC ApDRESS '[350 Hickey Road � APPLICATION # ��FEE PAID '� TYPE OF APPLICATION ❑ Land for Public Purposes Release Service Fee: $300 X Section 59 Amendment Service Fee: $2,500 ❑ Non -Conforming Use Service Fee: $200 ❑ Zoning By-law Amendmeint Service Fee. $2„500 ❑ Satisfactory Servicing Service Fee; $200 ❑ Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3500 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested, Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. Amend Section 39 conditions for PID 00313072 Under Section$9 of the revised Community Planning Act See attached page for details. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. An Easement for Municipal Services exists along the Loch Lomond Road frontage. We are not aware of any other encumbrances affecting the AUTHORIZATION As of the date of this application, i, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the c tents of this application and hereby certify that the information submitted with the aplpllicadon is correct insofar as I have knowledge of ese facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be neces ry fAthis application. Residential Contr�a�gtprs Ltd. n behalf of 616813 N. B. ktd. — Ro rt LarAcIM Authorized Agent Date November 26, 2018 616893Iji. n IFlllmore / z er Date November 26, 2018 The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. `DU] m P oo 11h, , � m • O E d, EKtr SIGN FJr'' �• ry i M �o / PEfATION GMSS .. DELI4ERIES ONLY E ��. BRUCELANr oNLrJ waaxce sox .. r i 1 i k 109 110 Proposal to Amend Section 39 Conditions under Section 59, 616813 N. B. Ltd. Property Operating as On the Vine, Hickey Road - PID #00313072 It is proposed the property be subject to the following conditions: a) The developer must pave all parking areas, vehicle manoeuvring areas and driveways with asphalt and facilitate proper drainage; b) Adequate site drainage facilities must be provided by the developer, including catch basins where necessary, in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate, and the approved drainage plan must be attached to any application for building permit for the development; c) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas, including the City street right-of-way to the edge of the City sidewalk, d) The landscaping along the front lot lines of the developed portion of the site must have a minimum width of 3 metres (10 feet), inside the front property line, except where interrupted by permitted driveways; e) The developer must install all telephone and electrical wires underground from the existing overhead facilities on the street to any building on the site; f) Vehicular access to the site shall consist of a maximum of one driveway on Hickey Road used as an entry only, a maximum of one driveway on Bruce Lane used as an exit only, a driveway from Bruce Lane for loading and unloading all with appropriate signage and no access on Loch Lomond Road, and the exact location of any permitted driveways is subject to the approval of the Chief City Engineer or his designate, The property owner has faced a number of challenges over the years they have been operating but now find they are in a position to do a much needed modernization and expansion of their business. The modernization and expansion of their business will provide an opportunity to create additional jobs and the larger, more modern premises will add to the property value thus producing an enhanced assessment. Many of the previously imposed conditions have been met. For example an easement for municipal services was granted to The City of Saint John to protect existing municipal water transmission lines that traverse the site granted at no cost to the municipality. Modifications to the site access have been adjusted to provide for a safer situation for customers, staff and deliveries to the site over the years and form part of this application. Site drainage is being addressed in accordance with the city's recently adopted by-law. We request he condition to add sidewalk and curbing along Bruce Lane be eliminated as it appears to add an unnecessary cost to the project. The recently applied for building permit for modernization and expansion of their business addresses many of the conditions imposed in the March 2004. Conditions that are subject to approval of the Development Officer as authorized by Common Council at that time. 111 i 112 113 .. .._k y T pN Fz M r � r•• W 4 op Arl 36 4 WOO �� iA: E E 110 E%IT SIGN 75 % --/VEGh7AT W � 0 GRASS r. Q DELIVERIES ONLY __.�.. BRUCE LANE EUT DNLYIND ENTRANCE slax i I r f I i f 114 115 116 -,-/VEGETATION vo CRASS EXIT SIGN 117 PROPOSED SECTION 59 AMENDMENT RE: 1350 HICKEY ROAD � Saint John Page 1 of 2 m" SAINT JOHN I6'W IIII' IIII��)�O S E D SECTION 59 A KII'i'�1'� ND�KE N'T IIII!uIIIIIE 1150 i 1410IICulll!E! I110� IIII��) PROPOSED S1,010N 5q AmrNDflENT 118 http:/,/www.saintjohn.calen/homelnews "publicnotices/community-planning/-proposed-sec... 02/01/2019 3700 King William Roal' lm�i �� 211 Growth & Community Planning Team 119 Growth & Community Development Services To rezone property to Pit ! i Industriale!Zone. Rezoning former operation. 2 120 121 4 122 0 u y, 7 E'I Existing site conditions 126 9 127 Municipal Plan — dual designation Heavy Industrial • Contemplates major industrial uses where pollution, visual appearanc( disturbance may occur. • Pit and Quarry activities create noise, visual disturbance and many sin impacts as heavy industrial. • Plan silent on Pits and Quarry in this designation — similar; reasonable rezone site. Rural Resource • Policy LU -96 outlines requirements to consider rezoning to PQ Zone (: page 3 of staff report). • Proposal can generally meet these requirements with exceptions to sc screening requirements (due to previous temp approval). 10 128 ening M IHl, HpfvyI inndh,.in:,tir blpckonihf.iLlr (PIDO Flk & Quarry 11 129 ening W Proposed Section 59 Conditions Stormwater Management Plan • Stormwater Management Plan will be required prior to commencing ar Quarry use to ensure no stormwater impacts adjacent parcels. Screening • Existing tree buffer/screen with natural features along King William Ro retain existing extent of this buffer; document and prevent further redu any reduction occurs; it must be replanted to meet Zoning By-law (full width and 4m in height). • Ensures screening to residential to the east is maintained. • Applicant has provided plans to replant tree buffer along all other prop lines (see PAC package). 12 130 recommendsStaff • Advisory Comm recommend to Common Council that: 1. Common Council rezone 31.1 ha of land at 3700- William Road i from (IM) Zone to Pit !; and 2. Pursuant to provisions # Section of rezoning.Community Planning Act, impose the proposed conditions contained on Page 2 of the Staff repor with this 13 131 Community Engagement I'lannin •' Advisory 1. Common Council rezone 31.1 ha of !; at 3700 William Road i from (IM) Zone to Pit !; and 2. Pursuant to provisions # Section of rezoning.Community Planning Act, impose the proposed conditions contained on Page 2 of the Staff repor with this 15 133 January 15, 2019 Tile City of Saint 101 111 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning 3700 King William Road On December 17, 2018 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 15, 2019 meeting. Stephen Perry of Brunswick Engineering appeared before the Committee on behalf of the property owner, Simpco Development Ltd. Mr. Perry was in agreement with the staff recommendation. No other persons appeared before the Committee regarding the application and no letters were received regarding the application. The Committee noted the applicant's intention to replant the required tree buffer along the north, west and south property lines but also suggested examining on each permit review the amount of regrowth, as the natural regrowth of trees may outgrow and damage potentially damaging new trees planted for the buffer. The Committee was concerned about the potential level of truck traffic the pit and quarry operation would generate and appreciated Mr. Perry's explanation that at peak operation the operation would have likely 50 trucks per day going to and from the site. He also noted that given the industrial nature of the area, King William Road should be able to handle this traffic without creating a capacity concern. The Committee also reminded the applicant of the importance of obtaining all appropriate permits from the Province related to watercourses and environmental protection. Page 1 of 2 134 F. Andrew Simpson Contract Ltd. 3700 King William Road January 15, 2019 RECOMMENDATION: 1. That Common Council rezone a 31.1 hectare parcel of land located at 3700 King William Road, also identified as PID No. 55218754, from Medium Industrial (IM) Zone to Pit and Quarry (PQ) Zone. 2. That, pursuant to the provisions of Section 59 of the Community Planning Act, the use of the parcel of land with an area of 31.1 hectares, located at 3700 King William Road, also identified as PID No. 55218754, for the use of a Pit and for the use of a Quarry, be subject to the following conditions: a. An engineered storm drainage submission must be provided for excavation and rehabilitation activities. No storm drainage to the roadway or adjacent lands is allowed. b. Notwithstanding the provisions of 12.4 (6) (a) of the Zoning By- law, the existing treed buffer along the portions of the property along King William Road shall be maintained. If the existing treed buffer along King William Road is damaged or further reduced, the owner must replant the buffer to meet the requirements of 12.4 (6) (a) of the Zoning By-law. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 135 The City of Saint John Date: January 11, 2019 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, January 15, 2019 SUBJECT Applicant: F. Andrew Simpson Contracting Limited Owner: Simpco Development Ltd. Location: 3700 King William Road PID: 55218754 Plan Designation: Heavy Industrial and Rural Resource Existing Zoning: Medium Industrial (IM) Proposed Zoning: Pit and Quarry (PQ) Application Type: Rezoning Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Monday, January 28, 2019. Page 1 of 8 136 F. Andrew Simpson Contracting Ltd. 3700 King William Road January 11, 2019 SUMMARY F. Andrew Simpson Contracting Limited (Applicant) has submitted an application on behalf of Simpco Development Ltd. (Owner), which is seeking to rezone the site (PID 55218754) located at 3700 King William Road from Medium Industrial (IM) Zone to a Pit and Quarry (PQ) Zone. The Applicant is proposing to undertake a pit and quarry operation. RECOMMENDATION 1. That Common Council rezone a 31.1 hectare parcel of land located at 3700 King William Road, also identified as PID No. 55218754, from Medium Industrial (IM) Zone to Pit and Quarry (PQ) Zone. 2. That, pursuant to the provisions of Section 59 of the Community Planning Act, the use of the parcel of land with an area of 31.1 hectares, located at 3700 King William Road, also identified as PID No. 55218754, for the use of a Pit and for the use of a Quarry, be subject to the following conditions: a. An engineered storm drainage submission must be provided for excavation and rehabilitation activities. No storm drainage to the roadway or adjacent lands is allowed. b. Notwithstanding the provisions of 12.4 (6) (a) of the Zoning By-law, the existing treed buffer along the portions of the property along King William Road shall be maintained. If the existing treed buffer along King William Road is damaged or further reduced, the owner must replant the buffer to meet the requirements of 12.4 (6) (a) of the Zoning By-law. DECISION HISTORY On July 13, 2010, the Planning Advisory Committee granted a conditional use approval for temporary excavation for up to five years to prepare the site for future industrial development on the subject site. This application made no provision for treed buffers along the north, south and western edges of the site. ANALYSIS Proposal The applicant is seeking to rezone the subject property at 3700 King William Road from Medium Industrial (IM) Zone to a Pit and Quarry (PQ) Zone in order to allow for the operation of a pit and quarry on the subject property. Page 2 of 8 137 F. Andrew Simpson Contracting Ltd. 3700 King William Road January 11, 2019 Site and Neighbourhood The subject site is approximately 31 hectares and was previously used as a pit and quarry. The site is located north east of the Coleson Cove Generating Station and south west of the Community of Lorneville. The surrounding development is generally undeveloped land with a former quarry to the east. The closest residential development is located to the east along Lorneville Road and is approximately 550 metres (0.5 km) from the subject site. The site is located just outside of the Primary Development Area (PDA), with the boundary being located approximately 470 metres north along King William Road. Municipal Plan and Rezoning The Municipal Plan future land use map indicates the site has two designations: Heavy Industrial and Rural Resource. A small part of the north east corner of the site is within the Heavy Industrial Designation while the remainder is the Rural Resource designation. The Heavy Industrial Designation of the Municipal Plan is silent regarding the operation of a Pit or Quarry. The Plan recognizes that Heavy Industrial Lands tend to contain "...industrial operations which may have a significant detrimental effect on the safety, use, amenity or enjoyment of adjacent or nearby sites due to appearance, noise, odour, emission of contaminants, fire or explosive hazards, or dangerous goods"'. These typically are things such as refineries, major manufacturing facilities and other similar significant industrial manufacturing, operations or processing. From a sound planning perspective, a Pit or Quarry operation is very similar to these types of heavy industrial uses since noise, vibration and appearance may impact adjacent development. From this perspective the proposed rezoning is reasonable for the Heavy Industrial designation portion of the site. The remaining area of the site is subject to the Rural Resource Designation. Policy LU -96 provides specific guidelines for the consideration of a rezoning to the Pit and Quarry (PQ) zone: Municipal Plan — Policy LU -96 Guideline Response Compatibility with and/or minimal impact on Operations will have minimal impact to existing adjacent land uses. adjacent uses as the lands are either in a natural state or of an industrial nature. The site is more than the minimum required distance from residential development. An appropriate location and acceptable hours The proposal is appropriately located and of operation. exceeds the minimum setback requirements for both Pit and Quarry Uses. Hours of operation are limited from 7:00 a.m. to 8:00 p.m. as per the PQ Zoning standards. ' Policy LU -76 of the Municipal Plan. Page 3 of 8 138 F. Andrew Simpson Contracting Ltd. 3700 King William Road January 11, 2019 A stormwater management plan. A stormwater drainage submission will be required through a Section 59 condition before a Development Permit is issued. The applicant will also be required to obtain all proper Provincial Permitting related to potential impacts to disturbances within 30 metres of a regulated watercourse. Incorporation of site development measures These measures will be incorporated into which will assist in the control of smoke, dust, plans which form part of a Development odour, toxic materials, vibration and noise. Permit and must be followed once issued. Compliance with required setback, yard and The proposal is able to meet and exceed all separation distances from existing roads or setback requirements of the PQ Zone which is uses. outlined on page 5 of this report. The provision of visual screening. The site currently would be unable to meet screening requirements. However the applicant has proposed to replant screening along certain property lines and retain the existing tree buffer along King William Road; which Staff deems sufficient provided no further removal occurs. Discussion of this is found on page 6 of the report. Acceptable location for buildings and The proposal can meet the requirements of equipment. the PQ Zone. Inclusion of necessary safety and protective The operator of the proposed Pit and Quarry measures. uses is required to adhere to all appropriate Provincial and Federal workplace regulations and Laws. Access to the site is limited by a gate. Acceptable location of entrances and exits, All access to the site will be from the existing and the designation of acceptable hauling access onto King William Road routes. Demonstrated compliance with signage and The proposal is capable of meeting the landscaping provisions. signage and landscaping provisions of the Zoning By -Law (with the exception of the screening provisions noted above). Measures to ensure future rehabilitation of the The operator will be required to post a security site. as per the rules of the PQ Zone prior to ensure the City is protected against failure to comply with the PQ Zone requirements for rehabilitation of the site. Page 4 of 8 139 F. Andrew Simpson Contracting Ltd. 3700 King William Road January 11, 2019 Zoning Review The Pit and Quarry (PQ) Zone provides rules for the operation of Pit and Quarry uses which include (but is not limited to): • hours of operation; • maximum size of a pit (5 hectares); • setback requirements to other zones or uses of land (such as residential uses or residentially zoned properties); • site rehabilitation; • screening of sensitive uses; and • enforcement powers to ensure compliance with Zoning rules. Should Common Council approve the proposed Rezoning; the applicant will be required to submit a Development Permit application which will be subject to all of the rules of the PQ Zone. A future application to approve the Pit and Quarry operation will be required; which will include a site plan showing the exact operational plan — which must be followed as part of the yearly excavation approval. Setbacks The PQ Zone requires differing setback requirements for both a Pit and a Quarry. Since both uses will operate on this site, both sets of requirements have been reviewed and in both cases, these setbacks are more than exceeded: Screening Screening of uses is a typical method in a Zoning By-law to help reduce the impact of one use from another — particularly if there may be the potential of negative effects such as dust, noise of appearance. Page 5 of 8 140 Minimum Minimum Distance provided distance from a distance from a Quarry Pit Public Water Supply 600 metres 150 metres Greater than 600 metres Residentially zoned 200 metres 150 metres 525 metres lot or dwelling present at the time of the application to rezone for a pit or quarry Public Street 30 metres 30 metres 105 metres Lot line of the 30 metres 30 metres Greater than 30 excavation site metres Other zones 50 metres 30 metres Greater than 50 metres Screening Screening of uses is a typical method in a Zoning By-law to help reduce the impact of one use from another — particularly if there may be the potential of negative effects such as dust, noise of appearance. Page 5 of 8 140 F. Andrew Simpson Contracting Ltd. 3700 King William Road January 11, 2019 The PQ Zone requires that a treed buffer of a minimum of thirty metres in depth and a minimum of four metres height or a topographic feature of a minimum of four metres in height be provided around the site excavation site with the exception of an area of approved access. If trees are not planted, the applicant is be required to construct a landscaped berm of at least 4 metres in height to visually screen the excavation site and associated activities. In reviewing the 2010 approval; the previous Pit and Quarry was allowed to clear cut to the property lines along the north, west and south. Along King William Road some vegetative screening and a high rockface are present. The applicant has agreed to replant the required screening along the north, west and south property lines, which will comply with Zoning By-law standards. The applicant has requested that the existing treed screening and topographic features along King William Road be retained as screening to the residential development to the east. Staff is supportive of this approach as it will restore the required vegetation and the existing screening along King William Road (in addition to distance) should be more than sufficient to screen the use from nearby residential (over 500m away). Staff is proposing a screening condition that will require the existing treed buffer along King William Road to be maintained (thus preventing further loss of this buffer from occurring). A site plan indicating these conditions are to be met will be necessary for the future pit and quarry permit application. Access Existing access is from King William Road and shown on the plans submitted for this Rezoning application. No additional access points will be allowed from King William Road. The PQ Zone requires that the access driveway be paved for the first thirty metres from the intersection with a public street (section 12.4 (4) (a)). Conclusion The proposed rezoning can be supported as it meets the intent of the policies contained in both the Rural Resource and Heavy Industrial designations of the Municipal Plan. The proposal can generally meet the Zone Standards of the PQ Zone (with the exception of some screening requirements which are addressed with Section 59 conditions). The PQ Zone provides sufficient rules and standards to limit the impacts of the proposal and ensure compliance with applicable Municipal and Provincial regulations and ensure rehabilitation of the lands will occur. ALTERNATIVES AND OTHER CONSIDERATIONS Alternatives No alternatives considered. Other Considerations As part of the 2016-2022 term of Common Council, four key priorities have been identified: Page 6 of 8 141 F. Andrew Simpson Contracting Ltd. 3700 King William Road January 11, 2019 1. Growth & Prosperity; 2. Vibrant and Safe City; 3. Valued Service Delivery; and 4. Fiscal Responsibility. These priorities, although not Planning Policies, are considerations of this application. This application would help fulfill Council's priority of Growth & Prosperity by allowing development that would support creation of a competitive business environment (encouraging investment), retention and creation of job opportunities in Saint John. ENGAGEMENT 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 January 4, 2019. The public hearing for the rezoning was advertised on the City's website on December 21, 2018. SIGNATURES AND CONTACT Prepared: Kenneth Melanson, BA, RPP, MCIP Manager, Community Planning Reviewed: Vd Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Kenneth Melanson Phone: (506) 721-8694 E-mail: ken.melanson@saintjohn.ca Project: 18-253 Approved: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 7 of 8 142 F. Andrew Simpson Contracting Ltd. 3700 King William Road January 11, 2019 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Map 6: Lidar Map Submission 1: Site Plan Page 8 of 8 143 �� r� �� FzC$ rc`��"� �� I Map 2 1- Future Land Use F. Andirew Simpson Contracting Limited - 3700 King Wi �H I& Road � z � \ y \yam � . \ �� ^ '0/0 00011OF/o/o/ Map 2 1- Future Land Use F. Andirew Simpson Contracting Limited - 3700 King Wi �H I& Road (IH)Heavy Industrial (IM) Medium Industrial (PQ)Pit &Quarry (RU) Rural Map 3 - Zoning 146 F. Andirew Simpson Contracting Limited - 3700 King William Road %' Photography Site access & tree buffer from King William Road Tree buffer west side King William Road Map 5 - Site Photography 148 F. Andirew Simpson Contracting Limited - 3700 King William Road Existing treed buffE Tree buffer on east si Map 6 �- LEDAR Hillshade (50 c!V) F. Andirew Simpson Contracting Limited - 3700 King WillIlliam Road � %-Ip I IV I I \_11 \-I L#fL%_j �� CLIENT REF. #:2230 LTD PROJECT: TRIC 0 0 30 60 90 ZONING BY-LAW AMENDMENT APPLICATION 3700 KING WILLIAM ROAD TITLE: FUTURE SITE PLAN AND RECLAMATION P LAN ,.,BRUNSWICK Engineering & Consulting Inc. 40 Ashburn Lake Road, PO Box 1045, Saint John, NB E2L 4E3 tel: 506.696.9155 fax: 506.696.9158 SEAL: DESIGNED BY: DRAWN BY: AWJB BLH PROJECT NO: DATE: (YYYY/MM/DC 2230.01 2018/11/19 ORIGINAL SCALE: HORIZONTAL: 1:1500 VERTICAL: N/A SHEET NUMBER: 3 SHEET #: 3 OF 3 CHECKED BY: SRP IF THIS BAR IS NOT 25mm LONG, ADJUST YOUR PLOTTING SCALE. 25mm 1 c� 0 r(i 0 0 I 0 0 N N N O r7 N N T1, Us !9 4L ti CIVIC ADDRESS: k'jS PIDN: .- L W ILII II, I � , HERITAGE AREA: Y N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y N APPROVED GRADING PLAN APPLICATION M Q DATE RECEIVED: 2,-C I RECEIVED BY: I I ryw- APPLICANT EMAIL PHONE PRESENT USE: (Awc'k �.x",L H, ( 611 "� 1 ('11 >1 i 9L I 124 Z 1� C &"""' 0 MAILING ADDRESS nADDITION POOL < nDECK DEMOLITION Lis CONTRACTOR E]SIGN U U z 6 LL 0 Z 0 If MAILING ADDRESS 0 I L) A ...... ... . OWNER c. MAI U NG ADDRESS PRESENT USE: (Awc'k �.x",L H, ( 611 "� 1 ('11 >1 i 9L BUILDING t I - INTERIOR RENOVATION []NEW CONSTRUCTION DEXTERIOR RENOVATION OACCESSORYBLDG nADDITION POOL < nDECK DEMOLITION Lis FICHANGE OF USE E]SIGN U U 0 MINIMUM STANDARDS OOTHER LL 0 Z 0 If 0 POSTAL. CODE EMAIL PHONE P STAL CODE e' EMAIL PHONE kbkj4i� Aj 11, Cam POSTAL CODE PROPOSED USE: "I'A PLANNING RASTR UCTU R OVARIANCE EISTREETEXCAVATION OPLANNING LETTER DDRIVEWAY CULVERT EIPAC APPLICATION DRAINAGE CIL APP WATER & SEWERAGE 0SUBDIVISION OOTHER Y / N HERITAGE HERITAGE DEVELOPMENT HERITAGESIGN E] HERITAGE INFILL HERITAGEDEMO OTHER 4 JI consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives, General Coffecdon Statement This information is bring collected in order for the City of Saint John to defiver an evixiing program ,, semirw the rollecaon is limited to that which is necessary to deliver the program; senke Unless required to do so by low. the Cio of Saint John will not share dour personal information with anii+ third parry wiihouryour repress consent 77ir legal injjhorijy^for collecting this information is to he found in the Municipalities .fire and the Right to Infarmafi4m and Protection of Pnvaty Act. For further information or questions regarding the aYdl&-rfopi of personal information, please contaul rhe Access d Privacy O)Trcvr 0n, /loll Building 8thFloor - 13 Markt! Square Saint John NB E21. I EA ! � 4 E n u MAS (506) 65A-1861 '" '" . ........ ................... . ...... . . . . . . . ....... ....... ...... . ... . ... . ................. . ....... . . ....... ""' . . . .......... . . .. . . . .............. 1, the undersigned hereby opply for the pen-rut(s) or approval(s), indicated above for the work described on plans. svbrrnmons and forms herewith submitted. This appikahon includes all relevant docvmenlahon necessary for the applied for perrrilh`s� of opproval(s) I agree to compfy with the plans. specifications and further agree to comply with all relevant City By -lows and conditions imposed. . ................ . . . . ...... . .... . .............. Applicant Name 153 Apphcanl Sgriaturre 71 .4z ._ .. � Dote_ ._...................... .11.1111,1�� . . . . . ..... . ...... . ................. ........ . . . . .......... . _"1-1 . . . ....... CIVIC ADDRESS ", TYPE OF APPLICATION Land for Public Purposes Release Service Fee: $300 Section 39 Amendment Service Fee; $2,500 GIRO fli.,i � ,, C: �.��✓ �d", 6 N,.d' N 1 II IIS D 1 V IIS u XD PENT S E R `w 1 C ES1 , i Y'V Y. " SW .101-_f APPLICATION # Non -Conforming Use Service Fee: $2011 el '`'Zoning By-law Amendment Service Fee. $2,5100 FEE PAID I Y I N Satisfactory Servicing Service Fee, $200 Zoning By-law Amendment with a Municipal Plan Amendment Service Fee, $3,500 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval, Please contact the One -Stop Development Shop at (506) 658-2911 for further information, AUTHORIZATION As of the date of this application, 1, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. .,m Registered Owner ii horized Agent Date Additional Registered Owner 1,11-111-1. .. Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. W1511 3700 KING WILLIAMS ROAD SAINTJOHN, NB REZONING APPLICATION submitted to City of Saint John by Brunswick Engineering & Consulting Inc. November 27, 2018 ;Xttn: One Stop Development Stop 10 AsIhilbuirin Lake IRoad Ie L 506,,696,,g155 IPO Box' I D45, Saiint Ron, pYB lax: 51016,6196,91i 58 E211- 41E3 re. cep I jell a @ bir u uIswii c ke in gii neein ii ig.�c a File. 2230.01 RE REZONING APPLICATION, 3700 KING WILLIkVS ROAD, SAINTJOHN, NB Please find enclosed our report for the above referenced site. Should you have anti questions please: contact the undersigned at our convenience. ,kndrew Black, 1 Wj B Fnclosurcs HST m 824 70 0884 RTOOO I REZONING APPLICATION 3700 KING WILLIAMS ROAD (PID 55218794) SAINTJOHN, NB TAB1,F: QF CON "F NI`S .......... 11 O INTRODUCTION- 2.01 Ni'TRODUCTI N2,01 CURRI NT SITE CONDITIONS, ............ ',O PROPOSED OUARRYARIT EXPANSION I D I HABI,LlTATION ., ,.,... ........6-0 ....... CONCLUSIONS 1CILOUiI E ......... ....:.:.....m :...., `N' FA NING 1 !I; , !■ A l Brunswick Engineering & Consulting Inc. has been retained by Simpco Development Ltd to provide engineering services related to the site design and development of a property located at 3700 Icing Williams Road (Pit): 55218754). In the past the property has been used as a quarry/pit via temporary excavation permits approved by the City of Saint john. It should he noted that the last temporal), pertrat expired in 2015. from 2015 to 2018 minor work has been conducted on site including: crushing material, minor earthworks, etc. 'Hie Nfajority of this quarn./pit's expansion was completed prior to the permit expiring in 2015. Finally, it should he noted that at present no work is being conducted on the property. Currently, the property is 7oncd As "Nlediuun Industrial hone" (IM per City Zoning daps. 'Thus, this property requires 'honing By-law Amendment to the pit & Quarn Zone O)Q to recommence it's operations. This report is being submitted with the rezoning amendment application as a means to describe the current site conditions, future site condition, and its value to the Saint John Spruce Lake Industrial Park. With the approval of the rezoning, the operation of the quarry will remain relatively unchanged from activity conducted under it's temporary permit that expired in 2015; it will simply continue to expand outwards towards the property lines. The site is located at .3`00 I<itig williams Road (PID OI0305128) in Saint John, Neeti- Brunswick. I lie property i5 currciidy zoned as medium industrial (12) and is identified as a combmation of cmployment area and rural resource per the municipal plan map. The proper" is registered to Simpco Developments Limited and as per Sen�ice New Brunswick Records is apprommately, 31.1 hectares in area. Currentl} the! property is partially de -,°eloped as A� quarry°,°pit through work priunarily conducted Lindera 1 iiP1.11 temporary5 year land ecavauon permit. A gravel access road connects ]ting Williams Road to the Quarn° Pit; the site is relatively concealed from King Williams Road as a treed buffer was left standing. "Ilrere is a steel gate and signage to prevent unauthorized entry or illegal dumping. At present, the quarry, floor is relatively flat, gravel covered, and covers an area of approximateh 2.7 hectares. For the most part, the land slopes upward at steep grades away from the quarry floor, especially to the south where a large rock face is present. Please see the scaled engineering drawing with the file title "2230.01-002 1 " for existing site conditions. The size of the operation has not changed significantly since the work conducted under the s year temporary permit as shown by Google Earth Satellite Imagery from 2011 to 2017 in ;Xppendix A 3.0 PROPOSED QUARRY/PIT EXPANSIONAND REHABILITATION To restart quarrv/pit operations the parcel must be rezoned to allow for expansion. The existing quarry/pit currently has an established rock face to the south and soil excavation face on the west side of the property. 1 -he proposed expansion of the quarry/pit operations would consist of soil excavation starring at the west face and migrate west/north. The proposed expansion also consists of commencing rock removal which would start at the existing south face and migrate south. We understand that both an excavation permit and quarry operational permit will be required in addition to the rezoning amendment. It is our intention to maintain a minimum floor grade of Z o to allow drainage and reduce the amount of standing water on site. llic slope of the rock face and soil face will be maintained at maximum graders of 2:1. No overhanging material will be left to reduce the risk of slope failure. ;Additionally, stripped topsoil will be stored in a pile on site for future rehabditauon. Upon closure of the quarr) /pit the topsoil pile we be used to corer areas with a 3:1 slope or less to promote vegetation growth. At the time of closure, additional trees will also be planted in the boundan- between King Williams Road and the quarry/pir. Please see the scaled engineering drawing with the file title "2230.01.002 3" for a future site plan and rehabilitation plan. 9 iB10.1 4.0 POTENTIAL FUTURE DEVELOPMENT This property is located at the very end of the Spruce Lake Industrial Park Area which classifies this trategic development property. At present, all developments widen the Spruce property as a potentials Lake Industrial Park are concentrated well north of this property; however, development will only continue to advance south tou'ards this property. It is intended to convert this property into industrial; property once a significant portion of die rock/soil has been removed. 5.0 PROPOSED RE -TONING I`or this application -,ve are proposulg to rezone I'ID 55218754 from Medium Industrial (12) to Pit Quarry {1'Q). Table 1 below illustrates the required setbacks listed in section 1?.4(3)of the PQ zone versus measured distances; showing that all requirements will be net. Fable 1 - Required PQ Zoning Setbacks. Please sec the scaled engineering drawing with the file title "22.30..01 002 1" for a site plan illustrating major PQ zoning setback requirements. 6.0 CONCLUSIONS /CLOSURE A quarry,/`pit has successfully operated at this location previouslt under a temporary permit; this re oning application is being submitted to expand the existing footprint of the quarry/pit. The Spruce 1_ake Industrial Park continues to expand; this quarry/pit can pro%idc high quality topsoil, soil, and 3 rock to future developments within the Spruce Lake Industrial park and within the greater Saint John Arca., In addition, this property could be converted to an industrial property upon closture of the quart-v/pit. Fj Appendix A Historic Satellite Images 1iI[M Satellite Imagery -Taken 10/28/2011. Source Google Earth. B1 163 Engi Satellite Imagery -Taken 3/20/2012. Source Google Earth. BF 164 Engii Satellite Imagery -Taken 7/3/2013. Source Google Earth. BF 165 Engi' Satellite Imagery -Taken 3/14/2014. Source Google Earth. BF 166 Engii Satellite Imagery -Taken 9/25/2015. Source Google Earth. BF 167 Engii Satellite Imagery -Taken 4/9/2016. Source Google Earth. BF 168 Engb Satellite Imagery -Taken 9/9/2017. Source Google Earth. Bf 169 Engi `VO 171 `VNO PROPOSED ZONING BY-LAW AMENDMENT RE: 3700 KING WILLIAM ROAD S S... Pagel of 2 cto SAINT JOHN SPI F�WI�IOS D Z01Y t: iu' ' iiVIiiiiE�': ! iiiiW�'�IIII'"� "t' u E : 37'00 uii(]ii', NG W1: iu,11At� iiu!ZOA D 11:�ROII:�OSU) ZONING BY LAWAKEINDME1114T 173 http:"/www.saintjohn.ca/en/home/news publicnotices�'community-pianning/proposed-zoni... 02/01/2019 BY-LAW NUMBER C.P. 111- ARRETE N° C.P. 111- A LAW TO AMEND ARRETE MODIFIANT L'ARRETE DE THE ZONING BY-LAW ZONAGE DE THE CITY OF SAINT OF THE CITY OF SAINT JOHN 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 31.1 hectares, located at 3700 King William Road, also identified as PID No. 55218754 from Medium Industrial (IM) 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. 2018 and signed by: Mayor/Maire Lors d'une reunion du conseil communal, The City of Saint John a ddcrdtd 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 nonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 31.1 hectares, situde a 3700, chemin King William et portant le NID 55218754, de zone d'industrie moyenne (IM) a zone de carrieres et de gravieres (PQ) - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrdtd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arrete le * 2018, avec les signatures suivantes : ................. ........................................................................................................................................ ------ Common C1erk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxidme lecture Third Reading . Troisieme lecture January 23, 2018 His Worship Mayor Don Darling And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment —179-185 Golden Grove Road A Public Presentation was made on December 17, 2018 of a proposed amendment to the Municipal Development Plan which would redesignate on Schedule A of the Municipal Development Plan, a parcel of land with an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Numbers 55057848, 55057855 and 55201750, from Stable Area to Employment Area; and to redesignate on Schedule B of the Plan, the same parcel of land, from Stable Residential to Stable Commercial, to construct a vehicle body and paint shop. The required advertising has been completed, and attached you will find a copy of the public notice, and any letters of opposition or support received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, March 11, 2019 in the Council Chamber at 6:30 pm, or not to proceed with the proposed amendment process and adopt a resolution to deny the application. Respectfully submitted, Jonathan Taylor Common Clerk Attachment b, SAINT JOHN P.O. Box 1971 saint john, NB Canada E2L 4L1 I www.saintjohn.ca 1 C.P. 1971 Saint John, N, B. Canada ER 4LI HFAN PROPOSED MUNICIPAL PLAN AMENDMENT RE: 179-185 GOLDEN GROVE RO... Page I of 2 & SAINT JOHN PIROPOSIEDMUNICIPAL, PLANAIMENDMIENT RE,. 279-385 GOLDEN GROVE ROAD ,;,,, r) PROPOSED MUNICIPAL PLAN AMENDMENT RE: 179-185 GOLDEN GROVE ROAD :� ,(pjldj c o , 1:�� I I I 1 1: k I :If "I, I I j j I i c i", ap l I I I o I,�j I, �:1 b I I I, I �,�i ", I: I I ;j I Ji I! 6, pijjlhl, Q it p^�,✓ 1 �r',r+ ii, -nnif lb, Iii::,II:j:I[:I,I:j d oil Manday,. DeI D.'8, 2018 II,o,,C� 1' im mdq! J' j, I c!,jel, I II REASON FOR CHANGE: I V I I II ri r)1� r ), n::, I I II, I I , , , [:,I[::, Ii I If I f,� i ( 1) 1,:!, , I �rr I,, I Y ri i fl 4 :1: 1:� li 1,11 :1k, f gf J,,f "! January 16, 20 9 i,',l low, f� l�, 0'"', 1, c f I w Bird: o f: o o 1� U f I I f i,l(I, I'i ITf fQ' perr C ,1I f o ,i I it I I,j j I'l o http:l�lwww.saintiohn.calenAhomel,newslpublicnotices4cMmunity-planninglproposed-mun... 10/IZ'2018 z 0 z i U M I CIVIC CiESS:rCC ply# HERITA,GEA�REX, YIN IN _. ,... r.. CFTC°. ....._... 5K E §" N APPROVED IN P Y �' N� e ATI v PV�CA,iICb�C a �I1 ,. , � I....,..� I .... ...* DATE RECEI VED. . ..RICEIVE�...,.w� �., BY, APP= TVVV Scofts MAILt s T1� PGACUK o. d Collision �� Ltd. t4(.rnt506-694-8769 TrAAII„0N1,°µ ADDRESS ��,�_ .. aTA,U. �00E 187 Golden Grove Rd itl �� H 1 MAILING ADDRESS ..., .W,- Doug�I.,.. RN4UWEtlB EM U PU#4�N',E. �.., .... � n UNE AD—DoaE, „$ '185 olden GroveInd Saint doll --1 NIB IE S# 1X7 PRESENT I. S �.. , .w POS W. 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Non-Conform�ng Use El Satisfactory Servicing Zoning By-law Amendment Zoning By-law 'Amendment with Service $3,500 j DETAILED DESCRIPTION OF Where applicable, indicate the changes to w4stling Section 39 conditions zoning, or Municipal Plan designation being requested Attach site plans, building elevatiorl floor plans, and other documentation to fully describe the application The submission of a preliminary proposal and a Pte -Application Meeting is encouraged prior to seeking approval Please contact the One -Stop Development Shop at (W6) 658-2911 for further inforlination AUTHORIZATION As of the date trl this appli t*n 1, the undersigned, 8m the reglVered owner A the land descried in this ep,dicatl�on or the auathonzed agent thereof and i have examined the Content$ a, l this applrcatir in and hei!el�y cedOy that the trulrarrr&etion subirnitted wiith the applicaboe is correct insofar as 0 have knowledge of these la� is and i hereby auRhoix (ze the applicant t�ru,�present this rri and to provide ,any additional information that *111 be necessary for this applicatv,,an RegiMe WorA&ut nZed 4 emt ------ „�dditi�,.�,r;,�, it ��..,,,,,,, e� ste+ed wiv,, at rl ,,,..,,,,. . The onl`ormation contained in this alppllcalhon and any docuuurientatioroirr,;a uding ph�ns drauarngs, reports, and studies, prov*d wn suppod of th s application wi,11l become par of the public record `N-13 - Purchase house and two vacant lots — leave the last lot as a buffer zone - Build new shop to handle work flow. Two additions have been added to our current building over the last 7 years, which we have outgrown. - Hire 10-15 more staff to handle workload - Fence in area for a compound for cars under repair so that they are not seen from the road - Lot will be landscaped - We must stay in this area due to our contract with Fix Auto, as all Insurance work goes by postal codes I purchased the existing building in 2009 and have continued to make improvements to the building and land (new siding, windows, roof, aluminum entrance, pavement, landscaping, fenced in yard) to appeal to our neighbors and community - We have had no complaints from the community since being here - We currently have 13 employees - Increased tax base for the City of Saint John Economical spin-off of hiring new employees MO] w c c Mph IIII J !t wir illill ...... e" 56057855 irq ,, "'7`7 to „ un�ra r��'.„,„,"•��,, c e �" � � u�a�trlin �7°�k c � fc ��„ �.„.� ,.�..mm.-.-...� oil ., ��»��aaN'N"p � 4, Y �. w I J A' fi gg”! s, r n c I� � c � mm V , GOLDEN GROVE ROAD Reade, Mark From: Fix Auto Saint John fast <saintjohneast@fixauto.com> Sent: October -24-18 11:20 AM To: Reade, Mark Subject: FW: New Shop Attachments: LOGO.gif, a0.gif; al.gif; a2.gif; a3.gif, b0.gif; bl.gif; b3.gif; c0.gif, c3.gif, d0.gif; d3.gif; e0.gif; solid line3 50.gif Importance: High F-11 i This message was sent from a Bell mobile phone. BdI MIN PROPOSED MUNICIPAL PLAN AMENDMENT RE: 40 MOUNTAIN VIEW DRIVE PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 40, CHEMIN MOUNTAIN VIEW Public Notice is hereby given that the Common Par les presentes, un avis public est donne par Council of The City of Saint John intends to lequel le conseil communal de The City of Saint consider an amendment to the Municipal John a Pintention d'etudier la modification du plan Development Plan which would: d'amenagement municipal comme suit: Redesignate on Schedule B of the Municipal Development Plan, a parcel of land with an area of approximately 3.25 hectares, located at 40 Mountain View Drive, also identified as PID Nos. 00313429 and 00426452, from Low Density Residential to Low to Medium Density Residential as illustrated below; A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, January 28, 2019 in the Ludlow Room, 8"` floor, City Hall. REASON FOR CHANGE: To undertake a medium density residential development with a mix of housing types. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by February 27, 2019. Enquiries may be made at the office of the Common Clerk or Growth and Modifier la designation, a 1'annexe B du plan, d'une parcelle de terrain d'une superficie d'environ 3.25 hectares, situee au 40, chemin Mountain View, et portant les NTD 00313429 and 00426452, afin de la faire passer de Residentiel a faible densite A Residentiel a densite faible ou moyenne, comme it est indiqud ci-dessous; Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 28 janvier 2019 dans la salle Ludlow, 8eme etage, a l'h6tel de ville. RAISON DE LA MODIFICATION: Entreprendre un developpement residentiel de densite moyenne avec une variete de types de logements. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 27 f6vrier 2019 a 1'attention du soussigne. Pour toute demande de renseignements, veuillez `E:191 :gym c Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 28 janvier 2019 dans la salle Ludlow, 8eme etage, a l'h6tel de ville. RAISON DE LA MODIFICATION: Entreprendre un developpement residentiel de densite moyenne avec une variete de types de logements. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 27 f6vrier 2019 a 1'attention du soussigne. Pour toute demande de renseignements, veuillez `E:191 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. Jonathan Taylor, Common Clerk 658-2862 communiquer avec le bureau du greffier communal ou le bureau de service de la croissance et du ddveloppement communautaire a Ph6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Jonathan Taylor, Greffiere communale 6582862 HUGHES SURVEYS & CONSULTANTS INC. NB LAND SURVEYORS, CONSULTING ENGINEERS January 14, 2019 Mr. Mark Reade, MCIP Growth & Development Services City of Saint John 10"' Floor, City Hall Saint John, NB Re: PID 00313429 and 00426452 — Applicationfior Municipal Plan Amendment and Rezoning to Integrated Development ([D) Zone Dear Mark, Attached is a listing of the submitted package for the above noted application. Details of the proposal are outlined in the application and plans for what is anticipated to be a premier project marketed under the narne Calabria Estates, Once you have reviewed the enclosed material if you have any questions, please do not hesitate to contact i-ne. A digital submission to Onestop has been delivered. We trust you will find the application meets your needs for processing the same, Yours truly, Hughes, S, 'e s & Consultants Inc. Richard Turner CC John P. Rocca 575 CROWN STREET, SAINT JOHN, NB E2L5E9 (506) 634-1717 FAX (506) 634-0759 `F-1191 -2 - Calabria Estates Table of submitted documents, Municipal Plan Amendment to Low to Medium Density Residential and Rezoning Application to Integrated Development, 40 Mountain View Drive. Listed below are the submitted documents and plans for the above noted application. A digital submission of the documents and plans is provided through the city Onestop portal. Note that a separate payment of $ 1000 is being made to cover the Municipal Plan arriendment to change from Low Density .Residential to Low to Alledium Density Re,sidential classification, • General Application Forin; • Council Application Fon-n; • Council Application Proposal Outline Calabria; • Subdivision Application Form; • Variance Application Form; • Our clients cheque in the amount of $2500 for the rezoning application fee-, • Our clients cheque in the arnount of $500 for the subdivision application fee; • Our clients cheque in the amount of $300 for the variance application fee, • Concept, context and profile plans; • Concept plans for the proposed 98 unit apartment building-, • Landscaping plan for eastern portion of site; • Landscaping plan for western portion of site; • Stormwater management plan with grading for eastern portion of site; • Stormwater management plan with grading for western portion of site, • Tentative Plan showing proposed subdivision details; • Table of unit and bedroom counts for project; • Type A building elevation plan & floor plans; • Type B building elevation plan & floor plans; • Type C building elevation plan & floor plans; • Type D building elevation plan & floor plans. CIVICADDRESS: 1 40 Mountain Mew Drive PI D # PID 00313429 and 00426452 .......................................................................................................................................................................................................................................... HERITAGE AREk Y/N INTENSIFICATION AREA. Y / N FLOOD RISK AREA: Jan .16,2019 APPUCATION#. 19-0 1 DATE RECEIVED* Aimee and Andrew -- — RECEIVED BY. APPUCANIJughes Surveys & Consultants Inc. on behalf of 048367 K B. Ltd. EMAIL PHONE rickturner @ hughessu rveys & Consultants Inc. 506-634-1717 MAI UNG ADDRESS POSTAL CODE 575 Crown Street, Saint John, NB E21- 5E9 CONTRACrOR)DEMOPER EMAIL PHONE 048367 N. B. Ltd . iproccaftbrietrIb.ca 506-6472660 MAILINGADDRESS POSTAL OODE 04&367 N. B. Ltd. C/O Hughes Surveys & Consultants Inc, 575 Crown Street, Saint John, NB E21- 5E9 :)WNER EMAIL PHONE 048367 N. B. Ltd. iproccaftbnet.nti.ca 506-647-2660 4AILING ADDRESS POSTALCDDE 048367 N. B. Ltd. C/O Hughes Surveys & Consultants Inc, 575 Crown Street, Saint John , N�B r=2L 5E9 RESENT USE: Residential PROPOSED USE., Residential This application Ms -for the Pulixisasof proposing amending! the Munilip'al Plan designation from Low Density Density Residential, It is also proposedto rezone the Subject properties from ah ` anal find Twofl* Residenl4el Zones to 1n189ra1edDeVe10,PMe1Yt(1D) Zone. Additional detail is provided'in'the C66=1 application foo rezoning. m, Council APPI10001i • I DEVELOPMENT Land for Public Purposes Non -Conforming Use Release Service Fee: $200 Service Fee: $300 Section 59 Amendment 0 Zoning 'Ry -law Amendment Service Fee: S2,5W SeMce Fee: $2.500 MIR Satisfactory servicing Service Fee. $200 X Zoning By-law Amendment with a Municipal flan Amendment Service Fee. $1500 .''w w:. w. w.. W, N W�.: N. N Y. M N. t' W. W'. W,.. W W -, i W •,W W K'IT • 'w N. # N W w' N I N W �. Y N r W w W _ iY�. -. � N. N� W W W W N WI N V and W426452— This application is for purposes of proposingdw the Municipaldezignation from Residentiaito LOwto Medium Density Residentiat'also t tWt * to one the subjectprope rtle, s f rorn High and'submitted plans for detaih IrMunicipal Services exists extending from Sonya Court to Garnett head and Myles give. The Certificate awwnersiaip does not indicate there are any other easements or restrictive covenants affecting the property. an 39 conditions which are proposed to be amended throe h this application process. i . A1, I W. �Uli - Ir:• � � I � t W l�. v ill.. 1;P.Rocca OA By 048367 This is to introduce Calabria Estates (pronounced Ca.Ieb.ria), named after the Calabria Region in Italy, which will soon become one of Saint John's premier developments. It will see PID 00313429 and 00426452 developed following a strict development concept in accordance with a proposal committed to by the developer.The landscaping concept provided commits to a strong focus on landscaping for this premier development that goes well beyond City bylaw requirements. External control of the development concepts will be through the acceptance of the project under an Integrated Development (ID) zoning designation. Many of the developments concepts are explained below. STREET AND SERVICING STANDARDS Via Calabria Street (Sonya Extension) This section, from the existing public portion of Sonya Court to the cul-de-sac, is s proposed to be built to match the existing developed portion of Sonya Court. The cross section will match that shown in 5045-300 of the City of Saint John General Specifications and will have full curb, grassed median and sidewalk. Lamezia LaneNo,rth, —South Section) The section of Lamezia Lane extending northward from the cul-de-sac is proposed to have an 8m wide driving surface. It will be curbed and will have a median and sidewalk on the eastern side of the street. Pavement structure, curb and sidewalks are to be to City standards for local streets. Lamezia Lane (East - West Section) This section of Lamezia Lane is proposed to have an 8m wide driving surface. it will be curbed but there will be no sidewalk. With the amount of driveways and the presence of the interior walkways, sidewalks are not seen as necessary. Pavement structure and curbing are to be to City standards for local streets. Pedestrian and Emergency Access to Myles Drive This is proposed to be 6m, wide and will be curbed from the cul-de-sac up to the end of the parking lots. Beyond that no curbing is proposed. There will be a gate just past the end of the curbing and entrance to the last parking lot. PREPARED BY HUGHES SURVEYS FA CONSULTANTS MC, 1 111 11,111 1/G1_ T The SWMP assumes that approximately 90% of the site storm water will be detained in a pond at the bottom of the slope fronting Mountain View. The remaining 10% of the site is located above the CLII- de-sac on Sonya. This upper area consists mostly of surface parking. The surface parking will be engineered to detain storm water within the three terraced parking lots and storm pipes. If additional parking is required a portion or all of the area designated as "Future Parking Area" will be engineered and constructed to detain storm water. The intention is, to have the pond as an attractive landscape feature. The pond depth will be limited to 0.6m except in central areas where pools will be located to facilitate a floating fountain which serves to aerate the pond to minimize algae growth. Asmall detention pond is also planned for the landscaped courtyard area to detain a small amount of water and serve primarily as a landscape focal point. An overflow pipe will direct water to the lower larger detention pond. All storm water on Lamezia will be diverted through storm structures, to the lower detention pond. A decorative recirculating waterfall/pond feature is planned as part of the entry sign experience. The slopes and depth of water are such that a barrier fence is unwarranted. ENTRANCE GATES Gates at the west end of Lamenzila Lane will be controlled by an onsite manager that the City can call to gain access or the gates can be open, on scheduled maintenance days. The gateway is a design element to enhance the main entrance and provide a sense of place. Unobstructed access to the townhouse area will be open to traffic from the opposite end of Lamenzia Lane at its intersection with Via Calabria Street. . FUTURE PARKING The concept plan shows an area designated as "Future parking if required". Until the project is underway and the market is identified it is difficult to establish what the parking demand will be. The developer requires the flexibility to add future parking if the project demands it. LANDSCAPING The landscaping concept provided commits to a strong focus on landscaping for the proposed premier development that goes well beyond City bylaw requirements. The preliminary planting list shown on the submitted Landscaping Plans for Calabria Estates is intended to be an example of the quality and atmosphere the developer envisages and is committed to. PREPARED BY HUGII SURVEYS & CONSULIAN-rs INC. Iii RX AREA IMPROVEMENTS The developer has raised a number of concerns that they respectfully request the City to consider participating in making some of site improvements to enhance the neighbourhood. They relate to improvements that will enhance the intensification area in general and support the developer's project. Since the Forest Hills area, is a designated intensification area these improvements and the proponents project will be a catalyst for future development of other lands In the area. Timeframes, have been, assigned based on the developers projected construction schedule so the City can consider it in their capital budgets for future years. This is proposed so City staff can: review the request and formulate a resolution in their recommendations to Council. Item Proposed Responsible Suggested Note Improvement Party Timeframe I Dog Park on Land for Public City to build based Fall 2020, Purposes for neighbourhood on agreed to plans usage. and development would be responsible for on- going maintenance. 2 Signage and landscaping of City Summer 2019 when Building intersection of Mountain View Colter Street mod!el permits Drive and McAllister Drive to homes are reaidy, have identify the Forest Hills been community and reflect its applied sense of quality. for. 3 Sidewalks and burial of power City Fall 2020 lines on Mountain View Dr along northern boundary of our property starting at .Sonya Ct. 4 City to pick up the garbage for City At completion of Apartme the townhouses, area only as each four unit nt has been the practice for townhouse block. buildings other similar planned are not community developments in included the City of Saint John. in this request, PREPARED BY HUG11ES SURVEYS & CONSULE"ANiE INC. We% I I I AA I I Orcirel M 11 d:s!j 1,449-11 J To ensure a timely construction of the main apartment building the developer will work with City staff to determine, when pre -approval site preparation can commence Linder the present approvals that exist for the site. Subsurface conditions are shale rock in some areas where excavation will be up to 2 metres deep. The optimum time to do the rock excavation is now since winter weather conditions do not hinder progress, The merits to allowing pre -approval site preparation are as follows: • The developer will be able to plan a construction schedule that will avoid harsh weather conditions at critical stages later in the project (ex: being closed in prior to next fall/winter) • The most disruptive work, site rock excavation, can take place during the time of year when most neighbours are less likely to be engaged in outside activities. • This will optimize the timing to bring the main structure to market and allow it to be included in the assessment role at the soonest time, possible; • it will be putting civil contractors to work during a time when many of their staff are off work due to seasonal conditions; • Transporting of material to be removed from the site can take place prior to weight restrictions being imposed. If excavation in accordance with City bylaws under the present approval can be expedited the developer is prepared to takeout a building permit for excavation only for a four storey apartment building. The building will have the same footprint as is set out in the present application, The developer recognizes there is a chance that the present proposal may not get approved but the advantage of having site work started now can work for either scenario, under the present approvals or the new proposal if approved. From the developers standpoint the advantages out -weigh the risk, We look forward to working with staff to advance the timely dispatch and success of the project, Respectfully submitted U '7:R 1, S 8' NSUTANTSNC. Richard Turner PREPARED BY HUGHES SURVEYS & CONSUcrNNTS MC, 4 C[Ty OF SAIM'JOHN ew /jrj// �N&,tel 6✓�✓✓ti, Q�!rr/ ��' r ' dw ww Lot bomndarYadkAhnent$�', Co"O� Ai�C ,, �cwwamrou .0sufm -"emkv Few 250 w sw pa r� �'� � �Mi 1 row 77 �budOng IW W 40,jotl. �lr r r r r i ✓rir r ,w. �, rill✓ r /j1rj r r rr ✓ � � �i�� xV '"'%' "h Ps;a 41 �„_ .aWoval fora Subdivision, Ptan ° : Make VmfurorM' kft, 1�01 and 102 bily wingS I tod� r� bed d % and d Ij bOun d uvied req�ded d td tune but dake plaice at a later, 'ate, Cor rO” w rd MUMC081 "s Easements and public UbIddr Easements are Promsedarrrd 1hesubirnifted, Aprovisim, fbr� light of ways over,the private Accm benefit and burden W d I wd 18-02 _n . Moe. a�...._._ wrwn Rioad and ll 'dv Th sernentsor raffecting, r d dd rri. , f��r drdr p rdr ddr d rrr rr rm d woh r andwoo g 048367 r � " ire owat q r 193 VaduteAPPlIcatiOn GROWTH & COMMUNWY DEVELOPMENI SEMCES w ;x M P-T.FM- 1777M RAN oftlameop. 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CO(7) C14 r, W C', M 0) 10 PROPOSES APAR:IMEN:l B:l 1:1N :IALABRA S:I, SAN:] JOAN NB m vL-vv f -A LE❑EL 2 6 [IN [[[IS WIF LU L V V Y'% 3 [IN [[[IS LE❑EL 1 PROPOSE APAR:IMEN:l B:l 1:1N :IALABRA S:I, SAN:] JOAN NB N,, PE N A 2 B 2.5 BA N 1 BE 1 BA,, N, 2 B 2BA, N E 1 B ,1BA,, N, 2 B ,, EN,1 N M 2 BE 2 BA,, NN 2BE ,2BA,, N 0 2 B ,2BA, O AL WIF LU L V V Y'% 3 [IN [[[IS LE❑EL 1 PROPOSE APAR:IMEN:l B:l 1:1N :IALABRA S:I, SAN:] JOAN NB MI LE❑ELS 3,4,5,6 6 ❑ N IHIS E91 sf ❑53 s ❑ PROPOSE APAR:IMEN:l B:l 1:1N :IALABRA S:I, SAN:] JOAN NB F1970 52 H=CrFFFMF EEEr® FErEIESFFT-F FCrEIES=D FFFIF f 1955 314 H=CrFFFTFF EEEr® ADZ A=[) F1955 20 H=CrFFFMF EEEr® [CFFFFFFlr= CFUTT-FFIrCD FFMF f 2015 102 H=CrFFFMFCEEEr®CFCr=d0rEE FCrEIEd0rCD FTTTF F2022 32 H=CrFFFMFCEEErJEA=TCr A=TCrE[) f 2355 14 HFFT-FAFFFFFMFFFT- ASM=H FFFF F2594 92 HFFFF G FA Ed Er C G FA Ed EEr H (1)T574 (14)T1333 (3)T37 (1)T3339 7 r- (1)T3339 (5)T3338 (21)T1535� (2)T1e 00 F 64.750 _ _ .►�L�-1� 1 c9 64.850 �M + 4.850 •' � s— 0 �...,, 64.980 64.250 KIMJF ES �a Io' 64.700 956sf ��LO i 65.000 APPROVALS j Calabria Estates Subivision Townhouse Portion of Development - Unit and Bedroom Count Building Type Number of Buildings Number of Units Per Building Number of Bedrooms Number of Bedroom Per Unit Number of Bedrooms A 1 8 1 2 16 B 3 3 B-1 2 18 1 B-2 3 9 C 4 4 132 2 32 D 3 2 D-1 4 24 2 D-2 2 12 10 Bedroom Total 111 Aparment Building - Unit and Bedroom Count Unit Type Number of Units Number of Bedrooms Per Unit Number of Bedrooms GUEST 1 1 1 A 6 2 12 E 2 1 2 C 66 2 132 G 8 2 16 M 5 2 10 N 5 2 10 O 5 2 10 Bedroom Total 193 TOTAL BEDROOMS FOR DEVELOPMENT 304 H:\2018Jobs\518255\Bedroom Count.xlsx 206 2019-01-07 207 O: 76' 34' 8-1 Il3AII C01114Y 34' E.: All CONY 130 sq ft 130 sq ft 17T 18 ;T 336 33'6 3'8 E it 153 Xsq it 17T 18 Unit 3 ( I ype A 11......1) 9 Ft. Ceiling Heights U in It 4. 1 y1pe A 1 847 sq ft 9 Ft. Ceiling Heights oo c') 10'8 10'6 10'8 —J2 10'6 wage # 2 Garage # 3 Garage # 4 A2 sq ft 284 sq ft 216 sq ft Garage # 5 Garage # 6 Garage # 7 Garage # 8 Ga ra ge # 216 sq ft 284 sq ft 242 sq ft 249 sq ft 236 sq ft 5'2 — 310 —U, " 2 t5 2 31 - _u 10 rn 0) 17T I 1IR Lo o) 91, —,T . . . . . . . . . . (D I Lo I obby )L) L L 57 q 11 1'-- 11'6 10'6 ---1- 10 ----l- 10'6 11'6 11'-- 10'9 11'3 209 OR 00-1 76' 34'3 7'6 34'3 10'6 10' 10'6 211 20' 20' 20' 20' 10 x 8 Deck 10 x 8 Deck 10 x 8 Deck 10 x 8 Deck J Moak 7'x4' eo ®2 e 2® e ® e 590 M DW 2 1....Iving Kitchen 12'x '17'10 7'x 11'6 32 DN Garage GAIRAGIE::: 9'8 x '19'8 9'8 x 19'8 GAFF G IE :: 5'x 5' O 3'6 Bath �� 9'8 x 19'8 O O 6'6 x 4'6 1011 J N 9'7 10'2 80' 212 N 10'2 9'4 1 10'2 80' 1 20' 20' 20' 12 - 2 Bedroom Type B-2: 800 ft 2 - 2 BedroomType B-2: 800 ft 2 - 3 BedroomType B-1: 790 ft 2 - 2 Bedroom Master Master I 1 0 12'10 x 12' 12'10 x 12' Ensuite Office Offi ce 5'10 x 10'2 5'10 x 7' 5'10 x 7' r O x ul' � 0 au rs,� X Walk In Ylyl�ol x 2 510 x 8'2 'Jox I , i 7ox WME"W Walk In -cc) suite 9'2 x 5'2 92 x 82 0 COD r' 3'5 92 x 5'9 A Bath 92 x 5' 84-'� Bath -T M 5x1 C DN DNM DN 1:3edirooirn # 2 16'8 x '10'10 1:3edirooirn # 2 9'2 x '12'61:3edirooirn # 3 9'6 x 'I 0"10 9110— 9110 k 10'2 10'2 k 9110- 80' 213 2 Bedroom Layout 9110 1 — 10'2 214 WH U II ( WH 215 GAIRAGIE�i GAIRAGIE�iGARAGE::' 811 x 184 1� 811 1� 8'4:x 184 10'8 21" rr--_ 24" Kitchen 24 6A x 11' 3- 20' 80' lOx8Deck � 10 x 8 Deck � Type C-1: Kitchen 520 ft2 Tx 11'6 11 iving 12'8x 15'10 9'4 - 1 9'4 216 20' Type C-1: 520 ft2 Gairage Gairage 36 9'8 x 19'8 9'8 x 19'8 1 1 1 10'8 -i- 10, - 80' 20' =� Gairage 9'8 x 19'8 10'8 Master 1:2'8 x 111 °C DN MM 19'8 217 2 Bedroom Layout ®1 80' 20' 20' 20' ErAry Walk Irl 8' x T8 72" 4 � f.:3at17 16'8 x 9"10 10'2 10'2 80' 19'8 10'2 �I it DN ------------------------------ -� --------J �--------------ii ,�--------------� ----------- - - - -ii - 10'4 9'4 k 9'8 10'8 10'4 k 9'4 k 10'2 80' 218 -29'6 " Type D Unit Width 8'0 , 0 „ > TvPe D 9'10" 3'0 5,0„ ILII 13,0„ C v VJ fA 0 o L O 6x2648 Footingi 26x2628 Footing I<_4 ' 6 " �� 13 ' 6 "IJ Slab J20" x 8" Footing J L 44 x 96" Entry Door RSO 65 x 61 2-2x10 Lintel 2-2x10 Lintel >JF2 , 6 „�,2 , 0 „"I�5 , 6 „ >I< 8 , 0 „�I 416 "--> 13 , 6 „ Io - 181011 .I -29'6 " Type D Unit Width �I E v a 4;i[iP 1 - •0 A C* 0 N Ce N �� r .II_ cn ad O LL Lu 7'9 56 x 24 Basement Egress <�22 2 - 3 - 2x8 learn Type D ,5„>I Basement 81811 811011 10.0.1 81211 > v CD Do N L - - - LO a •• E A LU 11 4 LO Family oFuture Bedroom 12-11 10-0 x 11-11 O II II I M 1I1'1�3,8„�I _7,8„ C - 48" O II I �I V cm 48" 30" L O �C4 6'4"� 1 I c � / o -1____________ _ �I -_ G) 30" ; ��i N - -I co Future x I - 5-0 x 8-10 N I I � N - O 17 4�� 13T 14R 6 - - o - V C 0 10 ' 0 " o ca LO a •• E A LU 291611 10,01, >I< 71911 < 51511 > LO 6 x S Ft. Patio Door RSO 61 x 67 2-2x10 Lintel 2-2x10 Lintel 0 101011 81211 >I Deck Type D 10-0 x 10-0 o1 Floor str Living Area = 1,087 ft2 Garage Area = 272 ft2 00 i r -A. O Kitchen N N o 8-7 x 14-1 ti -- O N 23'7" 2 O U (n �z.p.. 3.4.. 2.0. O U) ii v " Dining a8-4 x 14-1 " ch o C' =a i -- -- Q DWI ch c.i O I � „ � 4 9 0 8 C - C !� T - v a N L L O �6 4" 34" V230" M _ • • Bedroom/Den 60" 9-4 x 8-0 N T a� 5 Hinged 0 N > Bi -Fold W - cv = W ►� 4'6" ��3'6I' 10'0" Ln _ = p = _ = 30" - ca in Go CO N Cl. E 1 o v r=________ N 4 C 4 �5�8 - ►`1 _ A N M JLO-� A COUNCIL REPORT M&C No. 2019-14 Report Date January 23, 2019 Meeting Date January 28, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Procedural Bylaw Amendment Respecting Electronic Participation in Meetings and Submissions/Representations made Subsequent to a Public Hearing OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jonathan Taylor John Collin RECOMMENDATION It is recommended that council give 151 and 2nd reading to the attached Procedural bylaw amendment, and further, direct staff to add to the bylaw prior to 3rd reading a provision which allows Council members to participate using electronic means of communication for Committee of the Whole closed meetings. EXECUTIVE SUMMARY The purpose of this report is to present Council with a draft procedural by-law amendment which: • Permits remote participation for Council members via tele conference for special meetings, emergency meetings and Committee of the Whole closed session • Provides a formal process for managing submissions or representations received by the City subsequent to a legislated public hearing held by Council PREVIOUS RESOLUTION February 16, 2018 Council resolution: RESOLVED that Council allow for remote participation using teleconference for special or emergency meetings of council; and further, that Council not proceed 0% at this time with changing its procedural by-law to allow for remote electronic participation in regular open session meetings of Council, Committee of the Whole or other committee meetings until reliable technological solutions have been identified. August 8, 2017 Council resolution: RESOLVED that Common Council direct the City Solicitor to amend the Bylaw Respecting Procedures of the Common Council to incorporate the resolution of Common Council made on October 27th, 2014 respecting submissions and representations made subsequent to a public hearing, with the deletion of the following phrase "and further that the author of any such submission/representations be advised by the Common Clerk of the foregoing direction"; and further that the City Solicitor consolidate the Procedural Bylaw to incorporate all amendments. REPORT Electronic Meetings The new Local Governance Act contains provisions (s 69) which allow Council members to participate in Council and Committee of Council meetings remotely using technology, such as tele conference or video conference, if the following conditions are met: • Members of Council can hear and speak to each other • The public can hear the member if the meeting is open to the public • Only a member of council who, at the time of the meeting, is outside of the local government or is physically unable to attend the meeting may participate using electronic means • In a one-year period members of Council shall not participate in a meeting using electronic means more than 25% of the regular meetings, or more than four special meetings, except for reasons of disability • A member of Council must provide sufficient notice to the Clerk • A member of Council who participates electronically in a closed meeting shall, at the beginning of the meeting, confirm that her or she is alone • If the meeting is open to the public, notice of the meeting must be given to the public advising of the location of the meeting and that electronic means of communication will be used at the meeting In order to permit the participation in a meeting using electronic means of communication, the legislation requires an amendment to the Council procedural bylaw. Council discussed the topic of electronic meetings on February 16, 2018 and subsequently adopted a resolution to permit remote participation for members of Council via tele conference for Special or Emergency meetings of Council. Staff was directed to prepare the bylaw amendment and report back to Council. -3 - The attached bylaw amendment has been prepared by the Solicitor's office and submitted to Council for consideration of 111 and 2nd reading. Staff recommends that Council consider adding a further provision to the bylaw to permit the electronic participation of Council members in Committee of the Whole closed session meetings. Should Council wish to proceed with this addition, it can be added to the bylaw amendment prior to Council giving 3rd reading. Staff is currently investigating technological options for remote meeting participation while the permanent Council Chamber undergoes renovations as part of the City Hall project. Many of the audio and visual components in the Chamber were installed in 2002 and require upgrades/replacement. Staff is exploring various options, such as remote electronic voting connected to the Council Chamber meeting management software, video conferencing, and web streaming. It is recommended that a reliable technological solution be in place prior to Council considering electronic participation for regular open session meetings. Submissions/Representations made subsequent to a public hearing At its meeting of August 8, 2017, Council directed the City Solicitor to prepare an amendment to the procedural bylaw regarding submissions/representations received by the city subsequent to a legislated public hearing held by Common Council. Specifically, in the event of submissions or representations being received subsequent to the conclusion of a statutorily mandated public hearing held by Council, the Common Clerk shall retain those submissions or representations in the Clerk's records but not make them available to Council members until Council's final decision on the subject matter of the public hearing, unless the City Solicitor advises that providing such submissions or representations prior to Council's final decision is appropriate from a legal perspective and the author of such submissions or representations is advised by the Clerk of the foregoing direction. It is recommended that Council give 111 and 2nd reading to the bylaw, and further, that staff be directed to add a provision to the bylaw which allows for remote meeting participation in Committee of the Whole closed session meetings. SERVICE AND FINANCIAL OUTCOMES Estimated cost for conference phone: $500 - $1000 INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Manager was consulted. The Solicitor's Office drafted the bylaw. ATTACHMENTS Procedural bylaw amendment. OR -4 - BY-LAW NUMBER M-5 A LAW TO AMEND A BY-LAW RESPECTING THE PROCEDURE OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN ARRETE No M-5 ARRETE MODIFIANT L'ARRETE CONCERNANT LE REGLEMENT INTERIEUR DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une reunion du conseil communal, The City of Saint John as follows: The City of Saint John a d&cr&t& cc qui suit: A By -Law of The City of Saint John entitled "a By -Law Respecting the Procedures of the Common Council of The City of Saint John" enacted on the 29' day of November, A.D. 2010, is hereby amended as follows: Par les pr&sentes, 1'arr&t6 de The City of Saint John intital& « Arret& concernant le reglement int&rieur du conseil communal de The City of Saint John », edict& le 29 novembre 2010, est modifi& comme suit: 1 Section 2.19 is repealed and replaced with 1 L'article 2.19 est abrog& et remplac& par the following: cc qui suit: "2.19 Recorded vote — defined "Recorded vote" means 2.19 Vote enregistre — definition vote enregistr& » d&signe (a) a vote taken by show of hands during a a) un vote a main lev&e, en personne, lors d'une meeting with participation in person; or r&union; ou (b) a vote taken by roll call during a special or emergency meeting with electronic participation by telephone conference call. A vote is taken by roll call when each Member votes "yea" or "nay" as his or her name is called by the Presiding Officer, so that the names of Members voting on each side are recorded." 2 Section 5.5 is amended by deleting the words "telecommunications equipment" immediately after the words "by use of' and replacing them with the words "telephone conference call". b) un vote par appel nominal au cours d'une reunion extraordinaire ou d'une r&union d'urgence avec participation par voie &lectronique par conf&rence 06phonique. Un vote par appel nominal a lieu lorsque chaque membre vote par oui par non lorsque le pr&sident du conseil appelle son nom pour que le nom des membres qui votent soit pour l'un ou pour 1'autre Boit enregistre. » 2 L'article 5.5 est modifi& par la suppression des mots « du mat&riel de t&l&communications » imm&diatement apr&s les mots « en ayant recours a du » et leur remplacement par les mots « une conference 06phonique ». 3 The following Section is enacted and added 3 L'article suivant est edict& et suit immediately following Section 5.8: imm&diatement Particle 5.8 : "5.9 Electronic participation — special meetings — emergency meetings (1) Local Governance Act requirements 5.9 Participation par voie electronique — reunions extraordinaires — reunions d'urgence 1) Exigences de la Loi sur la gouvernance locale : WOU Provided the conditions set out in section 69 of the Local Governance Act are met, a Member may participate in a special meeting or emergency meeting by means of a telephone conference call. (2) Grievance Hearings: A hearing under the Working Agreement between the City of Saint John and The Canadian Union of Public Employees Local # 18 (Outside Workers) - Article 12 – Grievance Resolution Process – Internal shall not be held with Members participating electronically by telephone conference call. (3) Call-in time: The Clerk shall schedule a telephone conference call, to begin 15 minutes before the start of each meeting. (4) Form of Electronic Meeting Notice Notice of a meeting shall include the time and location of the meeting and the phone numbers and any access code needed to connect to the telephone conference call. (5) Meeting -room equipment: (a) The City shall provide a speakerphone at each meeting, which the Clerk shall connect to the telephone conference call at least 5 minutes prior to the start of the meeting. (b) Members participating electronically from outside the City are responsible to provide their own equipment to connect to the telephone conference call. (6) Location of the Presiding Officer: Lorsque les conditions 6tablies a Particle 69 de la Loi sur la gouvernance locale soot remplies, un membre pent participer a une reunion extraordinaire ou a une reunion d'urgence par conference telephonique. 2) Audiences de griefs Une audience tenue en vertu de 1'entente de travail entre The City of Saint John et le Syndicat canadien de la fonction publique section locale 18 (cols bleus) — article 12 — Processus de reglement des griefs — n'a pas lieu en presence de membres participant par voie electronique par conference telephonique. 3) Heure pour joindre la conference telephonique : Le greffier/la greffiere planifie que la conference telephonique commencera 15 minutes avant le debut de chaque reunion. 4) Forme de 1'avis de r6union 6lectronique : L'avis d'une r6union inclut 1'heure et 1'endroit ou se tiendra la reunion ainsi que les numeros de telephone et les codes d'acc6s requis pour se connecter a une conference telephonique. 5) Equipement de la salle de reunion : a) Lors de chaque reunion, la municipalite fournit un haut-parleur que le greffier/la greffiere branchera a la conference telephonique au moires 5 minutes avant le debut de la reunion. b) Les membres qui participent par voie electronique et qui soot a 1'ext6rieur de la ville soot responsables de fournir leur propre equipement pour pouvoir se connecter a la conference telephonique . 6) Emplacement physique du president/de la presidente du conseil : The Presiding Officer of the meeting must be Le president/la presidente de la reunion du conseil NOW physically present in the meeting room. (7) Location of the Mayor: If the Mayor is out of the City, he or she shall not participate as Presiding Officer but may participate as a Member and vote. (8) Joining the telephone conference call late A Member is not permitted to participate electronically in a meeting if that Member does not join the meeting within 15 minutes of its scheduled starting time. (9) Arrival announcements: Members who participate in the meeting by phone shall announce themselves at the first opportunity after joining the telephone conference call, but may not interrupt a speaker for the purpose of doing so. (10) Departure announcements: Members who leave the telephone conference call or the meeting room prior to adjournment shall announce their departure, but may not interrupt a speaker for the purpose of doing so. (11) Quorum calls: The Presiding Officer shall establish the presence of quorum by roll call at the beginning of the meeting and on demand of any Member. Such a demand may be made following the departure of any Member or following the taking of any vote for which the announced totals add to less than a quorum. (12) Obtaining the floor: To seek recognition by the Presiding Officer, a Member shall address the Presiding Officer and state his or her own name. doit etre physiquement present dans la salle de reunion. 7) Emplacement physique du maire ou de la mairesse : Si le maire ou la mairesse est a 1'exterieur de la ville, il/elle ne participera pas en taut que president/presidente du conseil, mais pourra participer en taut que membre et pourra voter. 8) Se joindre a la conference telephonique en retard : Un membre n'a pas le droit de participer a une reunion par voie electronique si cc membre ne se joint pas a la reunion dans les 15 minutes suivant 1'heure prevue du debut de la reunion. 9) Annonce d'arrivee : Les membres qui participent a la reunion par telephone doivent signifier leur presence a la premiere occasion apres qu'ils se sont joints a la conference telephonique, mais ne peuvent le faire en interrompant un intervenant. 10) Annonce de depart : Les membres qui quittent la conference telephonique ou la salle de reunion avant 11ajournement annoncent leur depart, mais ne peuvent le faire en interrompant un intervenant. 11) Verification du quorum : Le president/la presidente du conseil procede a la verification du quorum par appel nominal au debut de la reunion et a la demande d'un membre. Une telle demande peut etre effectuee a la suite du depart d'un membre ou a la suite de la tenue d'un vote ou le total des votes est inferieur au quorum. 12) Obtenir la parole : Afin d'etre recomm par le president/la presidente du conseil, un membre s'adresse au president/a la presidente du conseil et donne son nom. (13) Voting methods: 13) Modes de scrutin : PIN:] All votes shall be taken by roll call. (14) Technical malfunctions and requirements Each Member is responsible for his or her connection to the telephone conference call; no action shall be invalidated on the grounds that the loss of, or poor quality of, a member's individual connection prevented him or her from participating in the meeting. (15) Link interruptions: If there is an interruption in the communications' link to a Member who is participating electronically, the Presiding Officer may: (a) decide on a short recess until it is determined whether or not the link can be re-established; or (b) continue the meeting and treat the interruption in the same manner as if a Member who is physically present leaves the meeting room. (16) Forced disconnections: The Presiding Officer may direct a Member to disconnect or mute their connection to the telephone conference call if it is causing undue interference with the telephone conference call. The Presiding Officer's decision to do so, which is subject to an undebatable appeal that can be made by any Member, shall be announced and recorded in the minutes." Tous les votes soot pris par appel nominal. 14) Defaillances techniques et exigences : Chaque membre est responsable de son branchement a la conference telephonique; aucune action ne devrait etre annulee sous pretexte que la perte de branchement ou la mauvaise qualite du branchement d'un membre 1'a empech6 de participer a la reunion. 15) Interruption de la voie de communication : Advenant le cas ou it y aurait une interruption de la voie de communication avec un membre qui participe par voie electronique, le president/la presidente du conseil pent : a) decider de prendre une courte pause jusqu'a cc qu'on determine si la communication pourra etre retablie; ou b) continuer la reunion et traiter l'interruption de la communication comme une situation ou un membre qui est physiquement present quitte la salle de reunion. 16) Debranchement force : Le president/la presidente du conseil pent demander a un membre d'interrompre le branchement a la conference telephonique ou de couper le son si le branchement cause une perturbation excessive avec la conference telephonique. La decision du president/de la presidente du conseil d'agir ainsi, sujette a un appel qui ne peut etre discute et qui peut etre fait par tout membre, doit etre annoncee et inscrite au proses -verbal. » 4 The following Section is enacted and added 4 L'article suivant est 6dict6 et suit immediately following Section 9.3: imm6diatement Particle 9.3 : "9.4 Submission received subsequent to a public hearing In the event of submissions or representations being received subsequent to the conclusion of a statutorily mandated public hearing held by 9.4 Soumission revue apres une audience publique Advenant le cas ou des soumissions ou des representations seraient revues apres la fin d'une audience publique mandatee par la loi tenue par le Wel Council, the Clerk shall retain those submissions or representations in the Clerk's records but not make them available to Members until Council's final decision on the subject matter of the public hearing, unless the City Solicitor advises that providing such submissions or representations prior to Council's final decision is appropriate from a legal perspective and the author of such submissions or representations is advised by the Clerk of the foregoing direction." 5 Section 16.8 is repealed. conseil, le greffier/la greffi&re conserve ces soumissions ou ces representations dans les dossiers du greffier/de la greffiere, mais ne les met pas a la disposition des membres jusqu'a cc que le conseil ait pris une decision definitive sur le sujet de 1'audience publique, sauf si le avocat municipal avise que la presentation de telles soumissions ou representations, avant que le conseil ait pris une decision definitive, est appropri&e du point de vue juridique et que 1'auteur desdites soumissions ou representations/ est avis& par le greffier/la greffiere de la direction prise. » 5 L'article 16.8 est abrog&. 6 The following Section is enacted and added 6 L'article suivant est 6dict6 et suit immediately following Section 16.15: imm6diatement Particle 16.15 : "16.16 Recorded Vote – minutes A Recorded vote shall be entered in the minutes." 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. 2019 and signed by: 16.16 Vote enregistre — proces-verbal Un vote enregistr& est inscrit au proces-verbal. » EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le pr&sent arret& le 2019, avec les signatures suivantes : Mayor/Maire Common Clerk / Greffier communal First Reading - Premiere lecture - Second Reading - Deuxi&me lecture - Third Reading - Troisi&me lecture - P49191 COUNCIL REPORT M&C No. 2019-13 Report Date January 23, 2019 Meeting Date January 28, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Click2Gov Data Breach and Cybersecurity Priorities OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Stephanie Rackley -Roach Jonathan Taylor Neil Jacobsen John Collin RECOMMENDATION The City Manager recommends that Common Council endorse the cybersecurity strategy presented in this report. EXECUTIVE SUMMARY On December 21, 2018, it came to the City's attention through two online articles that an unknown third -party may have gained access to confidential customer payment information provided through the Click2Gov application, an online payment tool to pay such things as parking tickets. In working with CentralSquare Technologies, the owner of the Click2Gov application, a breach of confidential information belonging to individuals that had paid parking tickets using purchasing cards was confirmed. This report outlines the details of the data breach that spans from May 2017 to December 2018, including how the breach happened and why the City was not aware of the breach sooner. The Right to Information and Protection of Privacy Act requires that the City provide notification to individuals of potential data breaches. As a result, the City mailed a written notice, in both official languages, to anyone that may have paid a City of Saint John parking ticket using a purchasing card during the at -risk timeframe. In addition to two public updates posted on the City's website, the mailed notification was sent to over 10,000 individuals potentially at risk. The current Click2Gov software application was taken offline and continues to be unavailable to the public to pay parking tickets. In order to ensure trust in the payment system, of both the public and staff, the City is investigating another online payment solution. 231 -2 - Cyber threats to municipalities are on the rise. Given the risk and potential damages from cyberattacks, staff is proposing short-term actions to improve cybersecurity in 2019. Over the next year, these actions will evolve into a long-term, comprehensive cybersecurity strategy. PREVIOUS RESOLUTION N/A REPORT Overview of Data Breach and Investigation On December 21, 2018, it came to the City's attention through two online articles that an unknown third -party may have gained access to confidential customer payment information provided through the Click2Gov application. The City uses the Click2Gov software owned by CentralSquare Technologies to provide customers with the ability to pay parking tickets online through the City's website. The City of Saint John was among forty-seven (47) municipalities in North America that were identified in the online reports as having experienced a potential breach using this CentralSquare Technologies software. City staff immediately started an investigation to determine if there was any validity to the claims outlined in the articles. A case was opened with CentralSquare Technologies at the City's insistence to complete a forensic investigation. CentralSquare Technologies then engaged Sylint, an internationally recognized cybersecurity and digital data forensics firm with extensive experience discretely addressing some of today's biggest breaches. Sylint initially completed a live scan of the City's server and immediately determined there had been malicious activity. Through a more in-depth review of the City's server, Sylint was able to outline how the attackers were able to gain access and collect user information. Attackers captured the following information: name (including first name, last name, and middle initial), account number (i.e., card number), CVV number (security code), card expiry date, and address. From the investigation, Sylint was able to determine when the City's server was first injected with card capturing code (May 2, 2017) and the last web access by the attacker (December 11, 2018). Sylint was not able to determine the true at -risk date of the attack, meaning when card data was actually extracted from the City's server. The investigator was also not able to identify which individuals had their card information breached. The process used by the attacker involved them accessing the City's server through the web to download a file with captured card information. Once downloaded, the attacker would delete the file, which would trigger the creation of a new file with card information. With this process, the attacker essentially did not leave any evidence of their attack on the City's Click2Gov server. Based on the details provided by Sylint on malicious activity on the City's Click2Gov server, City staff determined the at -risk period to be May 1, 2017 to December 16, 2018. 09% -3 - Those at risk of a potential beach in their information included anyone that paid a parking ticket using a payment card online, by telephone, or in person. Click2Gov Maintenance and Due Diligence CentralSquare Technologies is the current owner and support of the City's HTE Naviline Enterprise Resource Planning (ERP) system that includes the Click2Gov software. Information Technology (IT) staff have been diligent in ensuring the City is using the latest version of Naviline and have been testing the upgrades prior to using them in a live environment. Maintenance of the system, including patching, is carried out regularly, either by staff or the vendor. Patching involves uploading a set of changes to a computer program, or its supporting data, to update, fix, or improve it, including addressing security vulnerabilities. The City received a concern from an individual on November 16, 2018 claiming their payment had been breached after paying a parking ticket on the City's website. City staff opened a case with CentralSquare Technologies to determine if there was validity in this claim. The vendor completed a scan of the City's Click2Gov server and found no malicious activity. CentralSquare Technologies also indicated that the version of Click2Gov the City was using was not part of the targeted attacks. The breach of information in other municipalities was on servers using the new Click2Gov3 version. While investigating the validity of the breach December 21, 2018, CentralSquare Technologies advised they had completed a proactive scan of the City's server in July of 2018. At that time there were no indications of any breaches or malicious activity on the City's server. The City received a security advisory in September of 2017. In that advisory, Superion (now CentralSquare Technologies) "were investigating a report of potentially compromised customer data from a Click2Gov3 customer that has different characteristics". Superion also indicated they "have not seen any evidence that the servers were compromised through a security issue with the Click2Gov software, Superion takes security issues very seriously and we are continuing to investigate". Upon receipt of the advisory, the IT team completed the mitigation that was outlined, which included a review of the City's server to check for vulnerabilities and to apply security patches. It is noteworthy that the City was using Click2Gov1, as an upgrade to Click2Gov3 for parking ticket payment was not in production. In November 2018, as City staff was working on upgrading to Click2Gov3, online research revealed continuing breaches to the Click2Gov application as late as October in the same year. Staff proactively connected with CentralSquare Technologies to ensure that the migration to Click2Gov3 was safe. Again, staff was advised that the data breaches were occurring on Click2Gov3 servers and their customers were being notified of the security mitigation protocols. Notification to Impacted Individuals Immediately upon verifying a breach of the City's Click2Gov1 server on December 21, 2018, the City's response team updated Common Council and issued a public notice on the City's website and the notice was pushed out using social media and traditional media outlets. This notification outlined a potential impact to those individuals that paid parking tickets using the online application, the steps the City was taking to P491c3 -4 - investigate the breach and ensure the safety of user information, steps users should take if they thought they may have been impacted, and how to pay parking tickets while the online functionality was unavailable. A second public notice was issued on December 31, 2018. This notification provided a timeframe for those that may have been impacted by the breach. The public was made aware that the breach could impact anyone who had paid a City -issued parking ticket over the past two years, from early 2017 to December 16, 2018. As required through provincial legislation, the Common Clerk, the head of privacy and access for the City of Saint John, notified the Office of the Integrity Commissioner (the Integrity Office) on December 24, 2018. This involved completing a reporting form and submitting it to the Integrity Office. A case manager was assigned to the City to review notification requirements and next steps with the City's response team. Given that the forensic investigation was unable to determine which individuals were impacted by the breach (i.e., from whom purchasing card information was stolen), City staff decided to mail a notice to any individual that paid a parking ticket by purchasing card between May 1, 2017 and December 16, 2018. Mail was determined to be the only way to notify individuals that their personal information may have been breached, as phone numbers and email addresses were not recorded as part of the payment process for parking tickets. During a conference call with the Integrity Office case manager on January 4, 2019, the draft notice was reviewed, feedback was provided, and next steps were discussed. The case manager was complimentary of the City's efforts to ensure public awareness and notification on the breach of personal information. The notice was mailed out on January 10 and 11, 2019 to approximately 10,000 individuals (in both official languages) who paid parking tickets with purchasing cards during the aforementioned timeframe. In mailing these notices, there is a risk that individuals who may have moved since paying their parking ticket will not receive the notice of a potential breach to their personal information. The City is using the information that is available to determine addresses. Since the notice was mailed out, the City telephone line provided in the notice received twelve (12) calls. Most callers wanted to know what to do or asked when the ticket was paid as they did not recall. The Police Force has reported eighteen (18) calls on file. Corrective Measures and New Payment System The City disabled the Click2Gov application on the City's website immediately upon learning of a potential breach. The online payment option has remained offline since December 21, 2018. Individuals that need to pay parking tickets can do so with the other options outlined on the City's website or on the parking ticket: by mail, telephone, or in-person through point of sale terminals. City Staff are investigating the implementation of a new online payment solution. The solution being investigated is currently used by Saint John Energy, Halifax Water, and Maritime Electric to take payments. This system is also currently being used by the Saint John Parking Commission for recurring monthly billing for off-street parking. WE11 -5 - City staff has completed preliminary investigation with the vendor to determine the feasibility of the new solution, including functionality to integrate with parking ticket information and Payment Card Industry Data Security Standard (PCI -DSS) compliance. Provided that all requirements are met to securely process parking tickets, the expected timeline for launching the online payment solution is the second quarter of 2019. City of Saint John Cybersecurity Strategic Actions Cyberattacks on municipal governments are on the rise. With thousands of attacks launched daily around the world, it is not a matter of "if", but "when" an organization will experience a cyberattack. Local governments are attractive targets for cyberattacks given they house private data (on -premise servers), cyber security is not a top priority, attacks have been successful, and are public -facing. The cost of successful cyberattacks include interruptions in essential service delivery, loss of data or records, loss of productivity, cost recovery at the expense of taxpayers, inability to collect revenue, and erosion of trust. Municipalities in Ontario and Quebec made headlines in 2018 as victims of cyberattacks. In these cases, municipalities were forced to negotiate with cyber attackers on payment amounts to release files encrypted through ransomware attacks. As part of the 2019 budget process, the IT team highlighted cybersecurity as a priority. Additional funds were included in the budget to enhance the safeguarding of the City's information systems and data. The following chart outlines the strategic cybersecurity actions that will be undertaken in 2019. These are short-term actions required to enhance the safeguarding of the City's information systems and data, and will evolve over the next year to address more long-term requirements. Risk Threat Assessments As per the agreement approved by Common Council on December 17, 2018, the IT team will work with the Canadian Institute of Cybersecurity (CIC) to assess and evaluate security measures, as well as to identify vulnerabilities and risks to the security of all information along with the recommended mitigations. Enhanced Antivirus Solution The ways in which cyber attackers are creating and deploying malware have evolved to evade traditional antivirus detection. The Information Technology team will investigate and implement more antivirus solutions. Firewall Upgrades and Security The Information Technology team is in the process of Information and Event upgrading firewalls and investigating the purchase of Management System (SIEM) a new SIEM to provide more robust monitoring of information systems for detection and response to cyberattacks. Cybersecurity Expertise The TI team will invest in improving security expertise within the IT team through a combination of training and contracted support. Employee Education The IT team will work with the CIC to deliver awareness programs aimed at educating all employees in how they can identify and prevent cybersecurity threats. Cyber Insurance With the support of the Risk Management team, the City will secure cyber insurance that will meet the City's needs in the event of a successful cyberattack. Security and Recovery Plans The IT team will ensure there is a well-documented disaster recovery and business continuity plan in place in the event of future attacks. STRATEGIC ALIGNMENT The proposed cybersecurity strategy aligns with Council's priority of valued service delivery. The actions outlined in the strategy focus on service improvements that enhance the safeguarding of the City's information systems and data, ensuring that service delivery is seamless and customer information remains confidential. SERVICE AND FINANCIAL OUTCOMES Strategic initiatives outlined in this report are funded in the 2019 General Fund Operating Budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The report has been reviewed by the Click2Gov breach response team. The team includes Information Technology, Finance, Communications, Risk Management, Legal, Common Clerk's Office, and Parking Commission staff. ATTACHMENTS Presentation 18491.1 and Cybersecurity Priorities for 237 Indication of Breach Who (impacted): Potential 6,000 customers in SJ 47 Municipalities including SJ What (happened): Potential breach of Click2Gov .ail E IM I IN I When (made known): December 2112018 ►= a 0 0 0 2 IT Notified of Potential Breach Case opened with CentralSquare Technologies Conference call with CentralSquare Technologies to open case on a potential breach and escalate case to a forensic investigator a � o 0 Lr) N 0 I CY) 2 Z List from Gemini Advisory Received and matched against users who paid parking tickers 239 Live scan of City Click,' sever shows web shel malware similar to otl Click2Gov attacks Forensic Investigation Findings Card Capturing code Capture data in a file Re= 1567-Mej W; Delete file Forensic Investigation Findings At—Risk Time May 1, 2C December 1 Why was the breach not detected earlier? Missed malicioi activity? • Search for the server location from other bre • File not in thes locations on th server Notifications to At -Risk Individuals Compliance with the Of Integrity Commissioner • Description of breach • Date of breach or time • Information compromi • Corrective measures • Steps for impacted ind • Contact information Integrity Office Notifica- • December 24, 2018 MIM Rm- i'll 0•1 111111 i 1 •.•"• 1 1111 1 ; 11 � i i 11��l��illi��ii��ill��ll�ill�� 11 11 1 �,111 I IV • Payment provider provides online payments solutions for: • Saint John Parking Commission (monthly parking customers only) • Saint John Energy • Halifax Water • Maritime Solutions • Payment solution will have the same functionality for customers to pay tic online. • Formal statement of work being finalized between City and vendor. • Goal is to have new online parking ticket payment system operational inQ 2 of 2019. 244 8 Firewall• • IExpertise Education• Employee Insurance• Cyber Security• 245 and Cybersecurity Priorities for 246 LOCH LOMOND Villa FOUNDATION Together, working for (juality �IW City Of Saint John P. 0. Box 1971 Saint John, NB E2L 41-1 On Friday, May 10t� 2019 Loch Lomond Villa Foundation will host our 18th Annual Fundraising Dinner & Auction at the Saint John Trade & Convention Centre. Our theme this year is "A Maritime Barn Bash," and we're looking for your support. As our community ages, and as more of us find ourselves caring for aging parents or family members, we need you by our side. Your purchase of tickets to this event, will help us continue AVIVIIINTT& atf !'LITT-fd-K 11 Ulf X,fIj&i-afns7—drvI nacess-dry-cewe is nit-xivard'I by the annual provincial budget for Loch Lomond Villa. Purchase your tickets easily online to ensure you receive important updates prior to the event iyor—b-0*x-v,y,,w-1r ax?vt !�bout the event. Your attendance and support of this event will help us continue to "improve the quality of life for the residents and families of Loch Lomond Villa." Purchase your tickets online today at www.11AcaLgy�at. or contact the us at the Foundation Office should you require an invoice. .................. . .... Cassandra Hanson Foundation Coordinator Sincerely, Georgie Day Board Chair 185 Loch Lomond Road P: (506) 643-7110 0 /LLVFoundation 0 @LLVFoundation Saint John, NB E2J 3S3 E: foundation@lochloma4ilia.com www.lochlomondvillafoundation.com From: Tanya Kelley Sent: January-22-19 6:23 PM To: External - CommonClerk Subject: World Kidney Day 2019: March 14th 7:30 a.m. Mayor of Saint John and Council Members, We would love to once again have the city of Saint John council members partner with us for this year's World Kidney Day breakfast. This year's theme is "Kidney Health for Everyone Everywhere". There will be guest speakers, door prizes and Hilton is providing a delicious healthy buffet breakfast once again this year which went over really well last year. Previously the city purchased 7 tickets at $25 each. We would love to have the city purchase that amount again or a whole table (which is 8 seats). We would love to have your support of this educational event again. Warm regards, Tanya Tanya Kelley I Development Coordinator I Kidney Foundation of Canada - Atlantic Branch, New Brunswick 212 Queen Street, Suite 4041 Fredericton NB I E3B IA8 Office: 506.453.93521 Fax: 506.454.3639 Cell: 506.870.04071 Email: Tanya. Kel levCa) Kid nev.ca Toll Free I Sans frais 1.877.453.0533 www. kid nev.ca/atlantic I www.rein.cay/gaptIqanUIt!ig�Le PZI 1 1.11 January 28, 2019 Deputy Mayor and Councillors Subject: Barbour's General Store The Committee of the Whole, having met on January 28, 2019, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole having met on January 28th, 2019, Common Council adopt the following recommendation: 1. That the City enter into a Licence agreement with Earthelp Limited, having the same terms and conditions contained in the Licence agreement approved by Common Council at its meeting of May 7, 2018 with the exceptions that: i) Term will commence on May 1, 2019 and end on October 31, 2019, and ii) Licence fee to be as follows: May $1,000.00 plus H.S.T. (if applicable), June through October to be $1,890.00 plus H.S.T. (if applicable) per month; and further 2. That the Mayor and Common Clerk be authorized to execute the Licence Agreement referred to in #2 above. Sincerely, r Don Darling Mayor (P*-.. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca w CA 1971 Saint John, N. -B. Canada E2L 4L1 NON-EXCLUSIVE LICENCE FOR RETAIL PURPOSES THIS LICENCE AGREEMENT made as of the X day of Mc�t/ , 2018. 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 • and - EARTHELP LIMITED, 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 "Licensee", OF THE SECOND PART WHEREAS: A. The Licensor is the current custodian of the building municipally known as, Barbour's General Store in the City of Saint John (the "Building") pursuant to an agreement between G.E. Barbour Company, Limited ("Barbour") and Saint John Development Corporation (now The City of Saint John) dated May 4, 1981 (the "Lease"); B. The Licensor, with the consent of Barbour, has agreed to grant the Licensee a licence to use a portion of the Building on the terms set out herein to create renewed interest in the history of the City by offering heritage, cultural, historic and related consumer products and information to residents and visitors to Saint John. NOW THEREFORE this agreement (the "Agreement") witnesses that in consideration of the premises and the obligations herein expressed and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged) the Licensor and Licensee hereby agree as follows: 1. Licence (1) The Licensor hereby grants to the Licensee a non-exclusive licence to occupy a portion of the Building, consisting of a total of 735 sq. ft. and divided as follows, to use pursuant to the terms of this Agreement: (a) Main entrance — 312 sq. ft. (b) Small office — 54 sq. ft. PIR191 Licence Agreement The City of Saint John and Earthelp Limited Page 2 of 9 (c) Open room — 209 sq. ft. (d) Rear room —160 sq. ft. (e) Basement storage space — 500 sq. ft. (t) (the "Licensed Space") (2) The Licensee acknowledges that the 99 sq. ft. of space known as the VIC space does not form part of the Licensed Space and is instead the subject of a licence agreement between the Licensor and Discover Saint John. (3) The Licensor hereby grants to the Licensee a non-exclusive licence to occupy the Licensed Space solely for the purpose of displaying museum artifacts and the sale of retail items including: (a) clothing, souvenirs, pictures or other memorabilia, and ticket sales for local tourist related events, tours, bike rentals, attractions, or providing general tourist information; (b) a select line of Barbour and Ganong products; (c) consumable food items, which may include candy, peanuts, ice cream, bottled products, cheese, chocolates, tea and coffee; (4) The Licensee accepts the Licensed Space in an "as is where is" condition and will complete any necessary improvements at its sole expense and in accordance with the terms of this Agreement, provided however, the Licensor agrees to carry out repairs, painting, and safety upgrades as necessary, at its sole discretion, prior to commencement of this License. 2. Term (1) Unless otherwise terminated in accordance with this Agreement, the term of the Agreement shall be from June 1, 2018 to October 31, 2018 (the "Term"). 3. Licence Fee (1) The Licensee covenants and agrees to pay to the Licensor, during the Term, without deduction, abatement or set-off, the sum of Eight Thousand Four Hundred Dollars ($8,400.00) (the "Licence Fee") payable in varying monthly installments in the following manner: on the 1" day of June, 2018, $1,400.00 and thereafter on the 1" day of each and every month from and including the 1" of July, 2018 to and including and 1r" of October, 2018, the sum of $1,750.00. (2) The Licensee shall promptly pay or cause to be paid all business taxes, rates and other taxes and assessments, of whatsoever kind or description, that may at any time during the continuance of this Agreement be imposed or become due and payable upon or in respect of the installation, operation, repair or maintenance of the Licensee's equipment or resulting from the use of the Licensed Space by the Licensee. 251 Licence Agreement The City of Saint John and Earthelp Limited Page 3 of 9 (3) The Licence Fee shall include all costs for hot water and electricity. The Licensor shall be responsible during the Term for any additional costs, charges, expenses or outlays relating to capital items, including plumbing, heating, electrical systems, and sewage arising from or relating to the Building. The Licensee shall pay all charges, impositions, taxes or assessments, if applicable, and costs and expenses of every nature and kind arising from the Licensee's occupancy of the Licensed Space, the operation of the business carried on therein, and the everyday maintenance of the Licensed Space. (4) The Licensee shall immediately advise the Licensor of any installations, appliances or machines used by the Licensee which consume or are likely to consume large amounts of hot water and/or electricity. 4. Licensee's Covenants (1) The Licensee covenants and agrees with the Licensor as follows: (a) to pay the Licence Fee as herein provided; (b) not to use the Licensed Space for any purpose except as set out in Section 1(3) above and any ancillary use; (c) not to do, cause to be done or suffer or permit any act or thing to be done to the Building which would or might cause the Licensor to be liable for any damage, claim or penalty; (d) at their own expense, to conduct the everyday repairs and maintenance of the Building relating to their occupancy thereof and the business carried on therein; (e) to be solely responsible and answerable in damages for all acts or omissions due to or caused by the Licensee or its employees, volunteers, customers, guests, invitees and others for whom it is in law responsible at any time while the Licensee is in occupation of the Licensed Space, and to indemnify the Licensor, its employees, agents and anyone for whom the Licensor is at law responsible, from any claims and losses arising from or in connection with such acts or omissions and to indemnify the Licensor from all claims, costs and liabilities arising from the granting of the licence herein; (f) to maintain, during the entire Term, comprehensive public liability and property damage insurance for an amount not less than Five Million Dollars ($5,000,000) per occurrence. All policies shall name the Licensor as an additional insured and shall contain a provision requiring that at least thirty (30) days' written notice be given to the Licensor prior to cancellation or expiry. The Licensee shall provide the Licensor, on demand, with proof of such insurance; (g) to secure, at the expense of the Licensee, all licences, permits and authorizations required by any competent governmental body, including pw� Licence Agreement The City of Saint John and Earthelp Limited Page 4 of 9 but not limited to N.B. Department of Health, authorizations for private functions, and permits for catering, and to provide the Licensor with proof of having secured same, if required; (h) to abide by and ensure that its agents and employees abide by all applicable laws and regulations, and to conduct its affairs in strict conformity with the law and in such a manner as not to bring any disrepute to the Building; (i) not to assign or transfer this Agreement or in any way part with or share possession of the Licensed Space; {j) to keep the Licensed Space in good order and condition as a careful owner would, and to perform such normal maintenance and to decorate at its own cost and expense, as and when necessary or reasonably required to do so by the Licensor, except structural repairs to the exterior walls and roof, or repairs relating to capital items including plumbing, heating, electricity, water, and sewage, provided, however, that notwithstanding anything contained herein, the Licensor shall at all times have the right, in its sole discretion, to make such repairs, maintenance or replacements; (k) the Licensee shall not undertake any work or alterations to the Licensed Space of any nature other than as provided in (k) above without the prior written consent of the Licensor; and {I) upon the termination of this Agreement, the Licensee shall deliver to the Licensor vacant possession of the Licensed Space in the condition in which the Licensee is required to repair, maintain and keep the Licensed Space and, in any event, in the same or better condition than it was in at the beginning of the Term, subject only to reasonable wear and tear. (2) If payment of fees and all other moneys is not made in accordance with the terms hereof, this Agreement may be cancelled by written notice from the Licensor to the Licensee without prejudice to the Licensor's right to recover for moneys due and owing under this Agreement. (3) In the event the Licensee: (a) fails or refuses to comply with the orders or requests of the Licensor or its managers; (b) permits any conduct or act which in the opinion of the Licensor is improper, or renders it inadvisable that the Licensee should be allowed to continue carrying on business under this Agreement; or (c) falls to comply with the terms and conditions herein, the Licensor may forthwith terminate this Agreement and take possession of the Licensed Space and, at the cost of the Licensee, remove it and all property therefrom, by force if necessary, and the Licensor shall not, nor shall the manager nor any of its officers, servants or agents, be liable in damages or otherwise by reason of such termination or removal and, notwithstanding such termination or removal, the Licensee shall pay in full the Licence Fee for the remainder of the Term. PW Licence Agreement The City of Saint John and Earthelp Limited Page 5 of 9 5. Licensor's Rights (1) Notwithstanding anything contained in this Agreement, the Building shall be under the exclusive control and management of the Licensor. Without limitation, the Licensor shall have the right, at any time and from time to time: (a) to operate, manage and otherwise deal with the Building as determined by the Licensor in its sole and absolute discretion; (b) to make additions to, or subtractions from, or to change, rearrange or relocate any part of the Building; (c) to grant, modify or terminate easements and other agreements pertaining to the use and maintenance of all or any part of the Building; and (d) to enter into the Licensed Space to undertake any work or alterations to the Building (including the Licensed Space), provided that any such work does not materially interfere with the ability of the Licensee to carry on its business in the Licensed Space. (2) The Licensor shall have the right to enter into the Licensed Space at any time during normal business hours to show the Licensed Space to prospective tenants, licensees or other occupants. 6. Indemnification (1) The Licensee hereby agrees to defend, indemnify and hold the Licensor harmless from and against any and all claims, actions, damages, losses, liabilities and expenses (including those in connection with bodily injury, including death, personal injury or damage to property) arising from or out of the occupancy or use by the Licensee of the Licensed Space or occasioned wholly or in part by a default by the Licensee of its obligations under this Agreement, or by any act or omission of the Licensee, its employees, agents, contractors, invitees or by any person permitted by the Licensee to be in the Licensed Space, or due to or arising out of any breach by the Licensee of this Agreement. If the Licensor shall, without fault on its part, be made a party to any litigation commenced by or against the Licensee, then the Licensee shall protect, indemnify and hold the Licensor harmless in connection with such litigation. The Licensor may at its option participate in any litigation or settlement discussions relating to the foregoing. (2) The Licensor hereby agrees to defend, indemnify and hold the Licensee harmless from and against any and all actions, expenses, claims and demands on account of the non-performance of covenants of the Lease so far as such covenants are not required to be performed and observed by the Licensee. 184'11 Licence Agreement The City of Saint John and Earthelp Limited Page 6 of 9 7. Default and Termination (1) The parties acknowledge and agree that this Agreement shall terminate on the 31' day of October, 2018. (2) If the Licensee defaults in the performance of any covenants or obligations hereunder, such default which shall not be remedied within thirty (30) days of receiving written notice of the default by the Licensor (the "Default"), the Licensor shall have the following rights, without limitation, (i) the right to terminate the Agreement, and (ii) the right of immediate re-entry in the case of the non-payment of the Licence Fee. In the event of a Default, the total Licence Fee and any amounts due and owing under this Agreement, including, without limitation, all damages arising out of the Default, to the end of the Term of the Agreement shall immediately become due and payable, at the option of the Licensor. In addition to any and all remedies set forth herein, the Licensor shall have all remedies available at law or equity and any and all remedies shall be cumulative and non-exclusive. (3) The bankruptcy or insolvency of the Licensee shall constitute a Default under this Agreement and all rights of the Licensor under section 5(2) of this Agreement shall apply. B. Assignment The Licensee agrees that it shall not assign or share possession of any part of the Licensed Space or allow the same to be used or occupied by any persons other than the Licensee. 9. Fixtures and Improvements, Etc. (1) Any fixtures and improvements shall be deemed to comply with the provisions of this Agreement if the approval of the Licensor (the approval of the Licensor not to be unreasonably withheld) has been obtained. (2) At the end of the Term or any Default hereunder, the Licensee shall surrender and restore the Licensed Space to its original condition as at the commencement of the Term, except with the prior written consent of the Licensor. 10. Condition of Licensed Space It is understood and agreed that the Licensee shall accept the Licensed Space in an "as is where is" condition, and the Licensee acknowledges that the Licensor has made no representations or warranties with respect to the condition thereof. N&I Licence Agreement The City of Saint John and Earthelp Limited Page 7 of 9 11. Notices (1) Any notice required or contemplated by this Agreement shall be given or made by personal delivery, facsimile, email or any other electronic means to the other party at the following addresses or as the parties may from time to time designate: (a) To the Licensor: 15 Market Square City Hall, a Floor P.O. Box 1971 Saint John, NB E21-41-1 Attention: Common Clerk (b) To the Licensee: Earthelp Limited 15 Market Square Shoppes of City Hall Saint John, NB E21- 1R9 Attention: Kim Beckett (2) Either the Licensee or the Licensor may change its address by notice in writing to the other. (3) Every such notice shall be deemed to have been given when delivered or, if mailed, on the third business day next following the date of mailing 12. Miscellaneous (1) This Agreement and any Schedules hereto contain the entire understanding between the parties relating to the subject matter hereof. No amendment to this Agreement shall be valid unless in writing and signed by each of the parties hereto. (2) Each party shall promptly do, execute, deliver or cause to be done, executed and delivered all further acts, documents and things in connection with this Agreement that the other party or parties thereto may reasonably require for the purpose of giving effect to this Agreement and carrying out its provisions and completing the transactions contemplated by this Agreement. (3) Unless the context otherwise requires, words importing the singular in number only shall include the plural and vice versa, words importing the use of gender shall include the masculine, feminine and neuter genders, and words importing persons shall include individuals, corporations, partnerships, associations, trusts, unincorporated organizations, governmental bodies and other legal or business entities. (4) Every provision of this Agreement is intended to be severable. If all or any part of any term or provision hereof is illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement. (5) No omission or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such Licence Agreement The City of Saint John and Earthelp Limited Page 8 of 9 right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any rights or remedies provided by the law. (6) The Licensor and the Licensee acknowledge and agree that the relationship between them is solely that of independent contractors, and nothing herein shall be construed to constitute the parties as employer/employee, partners, joint venturers, co-owners, or otherwise as participants in a joint or common undertaking. Neither party, nor its employees, agents or representatives shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other. (7) This Agreement shall enure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns. (8) This Agreement shall be construed in accordance with and governed by the laws, and subject to the jurisdiction of the courts, of the Province of New Brunswick. (9) The Licensee agrees that it shall not register this Agreement or any notice or reference in respect of this Agreement against the title to the Building. [Signature Page to Follow] PIRFA IN WITNESS WHEREOF the parties hereto have executed this Agreement. SIGNED, SEALED & DELIVERED In the presence of: mon Clerk Common Council Resolution: Alth , 2018 EARTHELP LIMITED Per: e // ��..... '2 Presideht 1►�I:3