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2019-03-11_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, March 11, 2019 6:00 pm 8th Floor Common Council Chamber (Ludlow Room), City Hall 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 February 25, 2019 5-13 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Communities in Bloom - 25th Edition of Communities in Bloom 14-15 (Recommendation: Refer to City Manager) 5.2 Saint John Board of Police Commissioners re: Public Safety Committee / 16-16 Transportation and Environment Services (Recommendation: Receive for Information) 5.3 Fundy Regional Service Commission - Request to Present "The Coastal Link 17-18 Trail' (Recommendation: Refer to the Clerk to Schedule) 5.4 Contract 2019-03: Metcalf Street (Main Street to Lansdowne Avenue) - Water 19-21 Main, Sanitary and Storm Sewer Installation and Street Reconstruction (Recommendation in Report) 5.5 Contract 2019-07: Chipman Hill (Union Street to Icing Street) - Water, Sanitary 22-24 and Storm Sewer Renewal and Street Reconstruction (Recommendation in Report) K 5.6 Rockwood Golf Course Irrigation Pump Station Purchase (Recommendation in 25-28 Report) 5.7 Spring 2019 Debenture Refinance Application (Recommendation in Report) 29-31 5.8 Discover Saint John re: Tidal Mural (Recommendation: Refer to the Clerk to 32-33 Schedule) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 8.1 New Brunswick International Student Program 34-42 9. Public Hearings - 6:30 p.m. 9.1 Proposed Zoning By -Law Amendment 97-99 Exmouth Street with Planning 43-82 Advisory Committee report recommending Rezoning 9.1.1 Proposed Zoning Bylaw Amendment (1 st and 2nd Reading) 83-93 9.2 Proposed Zoning By -Law Amendment 348 Rockland Road and 21 Canon 94-118 Street with Planning Advisory Committee report recommending Rezoning 9.2.1 Proposed Zoning Bylaw Amendment (1 st and 2nd Reading) 119-130 9.3 Proposed Municipal Plan and Zoning By -Law Amendment 179-185 Golden 131 - 175 Grove Road with Planning Advisory Committee report recommending Amendments 9.3.1 Proposed Municipal Plan Amendment (1st and 2nd Reading) 176-184 9.3.2 Proposed Zoning Bylaw Amendment (1 st and 2nd Reading) 185-187 10. Consideration of By-laws 10.1 Proposed Municipal Plan Amendment - 40 Mountain View Drive 188-203 10.2 By -Law Respecting the Closing of Roads, Streets or Highways in The City of 204-209 Saint John (3rd Reading) 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 78-80 Victoria 210-245 K Street (PID 376459) 12.2 Response to Yacht Haven Lane Residents Presentation 246-251 12.3 Provincial Request for Deer Nuisance Program 252-263 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 The Vimy Foundation - Consideration of a First World War Legacy Gift 264-264 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment K3 City of Saint John Common Council Meeting Monday, March 11, 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 68(1) of the Local Governance 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 Legal Matter 68(1)(f,g) 1.3 Financial Matter 68(1)(c) 1.4 Financial Matter 68(1)(c) Ville de Saint John Seance du conseil communal Lundi 11 mars 2019 18h Salle du conseil communal (salle Ludlow), 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 juridique — alineas 68(1)/) et g) 1.3 Question financiere — alinea 68(1)c) 1.4 Question financiere — alinea 68(1)c) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal du 25 fevrier 2019 3. Approbation de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du comit6 5.1 Collectivites en fleurs — 25e Edition de Collectivite en fleurs (recommandation : se referer au directeur general) 5.2 Bureau des commissaires de la police de Saint John — Comite de la securite publique/Services de transports et de 1'environnement (recommandation : accepter a titre informatif) K 5.3 Demande soumise par la Commission de services regionaux de Fundy en vue de pr6senter « Le sentier du lien du littoral » devant le conseil (recommandation : transmettre au greffier pour qu'une date de pr6sentation soit fixe) 5.4 Contrat n° 2019-03 : rue Metcalf (de la rue Main a Favenue Lansdowne) — Installation de la conduite d'eau principale, des &gouts sanitaires et pluviaux ainsi que des travaux de r6fection (recommandation figurant au rapport) 5.5 Contrat n° 2019-07: Chipman Hill (entre la rue Union et la rue King) — renouvellement de la conduite d'eau, des &gouts sanitaires et pluviaux et travaux de r6fection de la rue (recommandation figurant au rapport) 5.6 Achat d'un poste de pompage d'irrigation pour le terrain de golf Rockwood (recommandation figurant au rapport) 5.7 Demande de refinancement des obligations non garanties du printemps 2019 (recommandation figurant au rapport) 5.8 D&couvrir Saint John : Peinture murale de mar&es (recommandation transmettre a la greffi&re pour qu'une date de pr6sentation soit fix&e) 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. D616gations et pr6sentations 8.1 New Brunswick International Student Program (NBISP) 9. Audiences publiques —18 h 30 9.1 Projet de modification de 1'ArrW de zonage visant le 97-99, rue Exmouth, accompagn& du rapport du Comit& consultatif d'urbanisme recommandant le changement de zonage 9.1.1 Projet de modification de 1'ArrW de zonage (premiere et deuxieme lectures) 9.2 Projet de modification de 1'ArrW de zonage visant le 348, route Rockland, ainsi que le 21, rue Canon accompagn& du rapport du Comit& consultatif d'urbanisme recommandant le changement de zonage 9.2.1 Projet de modification de 1'ArrW de zonage (premiere et deuxieme lectures) 9.3 Plan municipal propos& et modification de 1'ArrW de zonage visant le 179-185, route Golden Grove accompagn& du rapport du Comit& consultatif d'urbanisme recommandant le changement de zonage 9.3.1 Projet de modification du plan municipal (premiere et deuxieme lectures) 3 9.3.2 Projet de modification de 1'ArrW de zonage (premiere et deuxi&me lectures) 10. Etude des arret6s municipaux 10.1 Projet de modification du plan municipal relatif au terrain situ& au 40, promenade Mountain View 10.2 ArrW relatif au respect de la fermeture des rues, routes et autoroutes de la Ville de Saint John (troisi&me lecture) 11. Interventions des membres du conseil 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 D&molition du batiment vacant, d&labr& et dangereux situ& au 78-80, rue Victoria (NID 376459) 12.2 R&ponse a la pr6sentation des r6sidents concernant F all&e Yacht Haven 12.3 Requete provinciale pour le programme de gestion des chevreuils nuisibles. 13. Rapports d6pos6s par les comit6s 14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil 15. Correspondance g6n6rale 15.1 La Fondation de Vimy — Consid6ration d'un Cadeau comme h6ritage de la Premiere Guerre mondiale 16. Ordre du jour suppl6mentaire 17. Comit6 pl6nier 18. Lev6e de la s6ance C! COMMON COUNCIL/ CONSEIL COMMUNAL February 25, 2019 / le 25 fevrier 2019 Aft), r Rn" MINUTES—REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN FEBRUARY 25, 2019 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor Don Darling Deputy Mayor Shirley McAlary Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Absent: Councillor -at -Large Gary Sullivan Councillor Ward 3 Donna Reardon Also Present: City Manager J. Collin Deputy City Manager N. Jacobsen Police Chief B. Connell Fire Chief K. Clifford Commissioner Growth and Community Development J. Hamilton Commissioner of Finance and Treasurer K. Fudge Commissioner of Transportation and Environment M. Hugenholtz Commissioner of Saint John Water B. McGovern City Solicitor J. Nugent Common Clerk J. Taylor Deputy Common Clerk P. Anglin 61 COMMON COUNCIL/ CONSEIL COMMUNAL February 25, 2019 / le 25 fevrier 2019 1. Call to Order 2. Approval of Minutes 2.1 Minutes of February 11, 2019 Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the minutes of the meeting of Common Council, held on February 11, 2019, be approved. IL 100000MGM :k]k]11191 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the agenda of this meeting, with the addition of the following item be approved: 16.1 Proposed Public Hearing Date —175 Hilyard Street and 86-88 Regent Street MOTION CARRIED. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That the Huntington Society of Canada Letter re Awareness of Huntington Disease be referred to the Clerk to prepare a Proclamation. 5.2 That as recommended by the City Manager in the submitted report M&C 2019- 31: Contract No. 2019-01: Wentworth Street (Union Street to Elliot Row) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction, the contract be awarded to the low Tenderer, TerraEx Inc., at the tendered price of $483,194.35 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.3 That as recommended by the City Manager in the submitted report M&C 2019- 34: Contract No. 2019-12: Ellerdale Street — 200mm Water Main, the contract be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $635,170.30 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 2 C.1 COMMON COUNCIL/ CONSEIL COMMUNAL February 25, 2019 / le 25 fevrier 2019 5.4 That as recommended by the City Manager in the submitted report M&C 2019- 36: Traffic Paint Sole Source, Notwithstanding the City's Procurement Policy, Common Council authorize City staff to purchase Franklin Paint Company traffic paint for the 2019 construction season as a sole source procurement from Stinson Equipment Limited at a cost of $95,307.17 plus HST. 5.5 That as recommended by the City Manager in the submitted report M&C 2019- 033: Emera Brunswick Pipeline Company Ltd. Reinstatement, Continuation & Amending Agreement Required for Contract 2019-09: M -R -G Forcemain Renewal — Phase 1: 1. The City of Saint John enter into the Emera Brunswick Pipeline Company Ltd. Reinstatement, Continuation & Amending Agreement attached to M&C 2019-33 for the one-time fee of $10 plus HST; and further, 2. That the Mayor and Common Clerk be authorized to execute the submitted Agreement document. 5.6 That the Saint John Jeux Canada Games Foundation, Inc. Letter re Proposed Amendment Agreement of Letters Patent be referred to the City Manager. 5.7 That as recommended by the City Manager in the submitted report M&C 2019- 039: Fleet Replacement Procurement — February 2019, Common Council award the purchase of one (1) Vacuum/letter Truck at a total cost of $538,843.00 plus HST to FST Canada Inc. O/A Joe Johnson Equipment. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. IL IQI[•]►[4L1:k]k]1II9XII0F_1011► [@loll WA 6. Members Comments Council members commented on various community events. 7. Proclamations 7.1 Freedom to Read Week — February 24th to March 2nd, 2019 The Mayor declared February 24th to March 2nd, 2019 as Freedom to Read Week in the City of Saint John. 8. Delegations/Presentations rA 3 COMMON COUNCIL/ CONSEIL COMMUNAL February 25, 2019 / le 25 fevrier 2019 8.1 Saint John Tool Library & DIY Centre B. Harris presented to Council on the SJ Tool Library mission to inspire, equip, and revitalize our neighbourhoods. The Community Build concept similar to a pioneer barn raising was described to illustrate volunteer support. Mr. Harris advocated that Council help the Tool Library become a de facto piece of the City's infrastructure. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the Saint John Tool Library & DIY Centre Presentation be received for information. IL 100000114Y1:k]k]11191 9. Public Hearings 6:30 PM 10. Consideration of By-laws 10.1 Public Presentation — Proposed Municipal Plan Amendment re: Policies Related to Regional Retail Centres Commissioner Hamilton advised Council that the Public Presentation is for a proposed Municipal Plan Amendment to policies related to the City's Regional Retail Centres. This commences a 30 day public review period during which the public can make written submissions to Council on the application. While this plan amendment was prompted by site specific application which involves a new 200 unit residential development in the East Point area, the amendment will allow this approach to be considered more broadly in the City's Regional Retail Centres both East and West. Reading into the record, J. Hamilton provided stated: "This is a Public Presentation for a proposed amendment to the Municipal Development Plan which would include amendments to the Municipal Plan policies including those in subsections 2.3.2 Employment Areas, 3.5.2 Employment Areas and 4.3.5 Urban Design Principles for Employment Areas in addition to other relevant subsections and policies to provide for residential development within the Regional Retail Centre land use designation or a mix of commercial and residential land uses as part of a mixed use development proposal." Written objections to the proposed amendment may be addressed to Council and submitted to the Office of the Common Clerk by March 27, 2019. Enquiries on the proposed amendment may be made to the Growth and Community Planning Department at City Hall, 658-2911 between the hours of 8:30 a.m. — 4:30 p.m. Monday to Friday. CI E:3 COMMON COUNCIL/ CONSEIL COMMUNAL February 25, 2019 / le 25 fevrier 2019 10.2 Public Presentation — Proposed Municipal Plan Amendment re: 1007-1019 Millidge Avenue Commissioner Hamilton advised Council the public presentation is for a proposed Municipal Plan amendment to 1007-1019 Millidge Avenue. This commences a 30 day public review period during which the public can make written submissions to Council on the application. Reading into the record, J. Hamilton stated: This is a Public Presentation for 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 7242 square metres located at 1007-1019 Millidge Avenue, also identified as PID Numbers 00048397, and 00048389, from Stable Area and Park and Natural Area to Employment Area; and to redesignate, on Schedule B of the Plan, the same parcel of land, from Stable Residential and Park and Natural Area to Stable Commercial, to construct a building for boat repair and large recreational vehicle sales and service. Written objections to the proposed amendment may be addressed to Council and submitted to the Office of the Common Clerk by March 27, 2019. Enquiries on the proposed amendment may be made to the Growth and Community Planning Department at City Hall, 658-2911 between the hours of 8:30 a.m. — 4:30 p.m. Monday to Friday. 10.3 By -Law Respecting the Feeding of Deer within The City of Saint John (3rd Reading) The City Manager advised that a report on the entire Deer Management Nuisance Program will be brought to Council at a later date. Tonight is only third reading of the Deer Feeding Bylaw. Responding to a question concerning the different needs in PDA high density areas and rural areas, Commissioner Hugenholtz responded that the bylaw will apply to the entire City. However, enforcement of the bylaw will be focused in the Milford, Millidgeville hot spots where deer are in close proximity to residents. The bylaw enforcement will be complaint driven and our limited resources will be directed to those areas. Moved by Councillor MacKenzie, seconded by Councillor Strowbridge: RESOLVED that the by-law entitled, "By -Law Number L.G.-3, A By -Law Respecting the Feeding of Deer within The City of Saint John", be read. MOTION CARRIED with Deputy Mayor McAlary voting nay. The by-law entitled, "By -Law Number L.G.-3, A By -Law Respecting the Feeding of Deer within The City of Saint John", was read in its entirety. G1 COMMON COUNCIL/ CONSEIL COMMUNAL February 25, 2019 / le 25 fevrier 2019 Moved by Councillor Merrithew, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number L.G.-3, A By -Law Respecting the Feeding of Deer within The City of Saint John", be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED with Deputy Mayor McAlary voting nay. Read a third time by title, the by-law entitled, "By -Law Number L.G.-3, A By -Law Respecting the Feeding of Deer within The City of Saint John". 10.4 A By -Law Respecting Closing of Road, Streets or Highways in The City of Saint John (15t and 2nd Reading) The City Solicitor commented on the legislative requirements under the former Municipalities Act and the current Local Governance Act. The only material difference in the process to close a street is the form of publication required; formerly the notice had to be made by publishing in a newspaper, now the form of advertising can be done on the City's website. Consideration was given to the submitted report, M&C 2019-38: A By -Law Respecting Closing of Roads, Streets or Highways in The City of Saint John. Moved by Deputy Mayor McAlary, seconded by Councillor Norton: RESOLVED that the by-law entitled, "A By -Law Respecting the Closing of Roads, Streets or Highways in The City of Saint John", be read a first time. IL [00]►MGM ilk] ilk] 11193 Read a first time by title, the by-law entitled, "A By -Law Respecting the Closing of Roads, Streets or Highways in The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A By -Law Respecting the Closing of Roads, Streets or Highways in The City of Saint John", be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A By -Law Respecting the Closing of Roads, Streets or Highways in The City of Saint John." 11. Submissions by Council Members 11.1 Localized Flooding (Councillor Strowbridge) ito] COMMON COUNCIL/ CONSEIL COMMUNAL February 25, 2019 / le 25 fevrier 2019 The City Manager addressed the referral motion stating he understands the spirit of the motion but has some concern with the wording. To do an in depth analysis would require 3rd party consultation full engineering survey. The City could report back initially with an overview of the current City storm water management plan for discussion and improvement. Moved by Councillor Merrithew, seconded by CouncillorMacKenzie: RESOLVED that Council refer agenda item 11.1 Localized Flooding to the City Manager and direct the City Manager to report back on the current City storm water management plan. IL 10000►[4L1:k]k]11191 12. Business Matters - Municipal Officers 12.1 Love Your City Campaign The City Manager commented that the Population Growth Framework deliverables include several positive messaging phases to inspire residents to share their stories. This Love Your City campaign phase, has a radio call-in contest sponsored on 97.3 The Wave and Country 94. Residents are invited to call in and share their stories. The radio call-in will be conducted over a 3-4 month term. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the submitted report M&C 2019-40: Love Your City Campaign, be received for information. MOTION CARRIED. 13. Committee Reports 13.1 Growth Committee: 2019 Expectation Letters for Economic Development Agencies The Mayor as Chair of the Growth Committee highlighted the continuous development of the Mandate letters since implemented in 2017. The outcomes are to accelerate growth in the three pillars - people, jobs, and growing the tax base. The City's expectations are to see an excellent return on investment, foster transparency and communication with Council, growth outcomes, enhanced reporting though an annual plan, progress reports on the plan, and a year-end summary. Economic Development Greater Saint John and Develop SJ are the City's economic development agencies. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: VA 11 COMMON COUNCIL/ CONSEIL COMMUNAL February 25, 2019 / le 25 fevrier 2019 RESOLVED that as recommended by the Growth Committee in the submitted report 2019 Expectation Letters for Economic Development Agencies, Common Council approve the 2019 expectation letters with DevelopSJ and Economic Development Greater Saint John. MOTION CARRIED. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Ticket Purchase Request — 2019 Red Triangle Award Gala Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the ticket purchase request for the 2019 Red Triangle Award Gala be approved and the Office of the Common Clerk be directed to purchase tickets for those Council members wishing to attend the event. MOTION CARRIED. 15.2 Ticket Purchase Request — Children's Wish Foundation Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the ticket purchase request for the 2019 Children's Wish Foundation Gala be approved and the Office of the Common Clerk be directed to purchase tickets for those Council members wishing to attend the event. IL [00]►[4L1ilk] ilk] 11193 16. Supplemental Agenda 16.1 Proposed Public Hearing Date —175 Hilyard Street and 86-88 Regent Street Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-369: Proposed Public Hearing Date — 175 Hilyard Street and 86-88 Regent Street, Common Council schedule the public hearings for the zoning by-law text amendment and rezoning applications of Haldor (1972) Ltd. (175 Hilyard Street) and Joseph Fabien Duguay and John Bujold (on behalf of Stephen and Linda Jarvis) (86-88 Regent Street) for Monday April 8, 2019 at 6:30 p.m. in the Ludlow Room, and refer the applications to the Planning Advisory Committee for a report and recommendation. MOTION CARRIED. 12 8 COMMON COUNCIL/ CONSEIL COMMUNAL February 25, 2019 / le 25 fevrier 2019 17. Committee of the Whole 18. Adjournment Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the meeting of Common Council held on February 25, 2019, be adjourned. IL 10000011GY1:k]k]11191 The Mayor declared the meeting adjourned at 7:23 p.m. 13 Enhancing Gr(, -,,en Spaces in CommUnifies February 26, 2019 Mayor Don Darling City of Saint John PO Box 1971 Saint John, New Brunswick E2L 4LI Dear Mayor Darling: CommuMflers ("AfflectiAtO in Bloom en 1hur's Mise en va9eur des espaces verts au sein des collectivit6s FE"B 2 fli '?(]1V"1 The City of Saint John is invited to participate in the 25th Edition of Communities in Bloom. The program offers many proven benefits: an invaluable information exchange network on best practices, growth in civic pride, tangible improvements generated by community efforts, hands-on practical recommendations provided by the volunteer judges, promotion of your community, and amongst others, tools for continuous improvement. Your community will also be invited to submit for special achievement awards and to apply for grants offered by our sponsors and partners. The registration form may be completed (by March 31't or later if requested) directly on-line at: http://Www.communitiesinbloom.calcib20l9: and click on Territorial/New Brunswick/Prince Edward Island /Newfoundland & Labrador edition. The National Symposium on Parks & Grounds and Provincial, National & International Awards Ceremonies will be held in Yarmouth, Nova Scotia from September 25th to 28th, 2019, under the theme "Blooms by the Sea". We would be pleased to showcase your achievements and to celebrate your bloom rating and level. Please feel free to contact us for more information or visit our website at www.communitiesinbloom.ca Hopefully, you will join us as we celebrate 25 years of enhancing green spaces in communities. Sincerely, 7,p. ka- nd Carriere, Founding President Encl. c.c. Marc Doucet, Parks and Landscape Manager I M a 0, 'Ou I I Ul 4kyva tt %`'ck 4 1), f, � 80� I �Vrzk u gilt "yx 0 J 1) rnu v I I I Ca I ly tr' nth '.�a I NNil Site fin wry""'s Avv' h ko I hnnodiw'OAOC 0 : Q3 ill ell flews An Invitation to participate in a program that will involve and benefit your community Since 1995,communities have recognized numerous benefits from participating in the program: Economic benefits * Best practices and information exchange • Valuable information and feedback from the judges • Marketing, promotional opportunities and tourism promotion Social benefits * Increased civic pride, community involvement and improved quality of life • Mobilization of citizens, groups, businesses and municipality working together • Participation from all ages and walks of life learning more about their community * Information exchanges with national and international communities Environmental stewardship through the enhancement of green spaces • Composting, plant nutrition and cultural practices • Improving air quality ° Responsible use ofwater Communities in Bloom will: provide ajury formed oftwo volunteer judges for anevaluation inJuly nrAugust; supply anevaluation report, mention and bloom rating; communicate with the community throughout the participation process; provide access to a reputable information exchange network; promote the community during the 2019 Edition and the Awards Ceremonies (Yarmouth, Nova Scotia —September 2Sto28,2O1Q) Participating communities will: involve their community and prepare for the evaluation; f� provide lodging for the two volunteer judges for the evaluation (2nights genera|k); f� provide transportation to and from the previous/next community or the airport pay a registration fee (based on population) Fj Upto1/]OU: $395*$19.75 GST =$4147S 1,001-5/000: $485+$24.2GGST =$SU9.25 1O,}UO+population: $7GO+$37.SUGST =$7O7.50 Please visit www.communitiesinbloom.ca/cib20l9 for the online registration form 15 rim SAINT JOHN BOARD OF POLICE COMMISSIONERS ONE Peel Plaza, E2L OEl PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau -Brunswick Canada E2L 4L1 EDWARD KEYES Chair/ President JEFF MCALOON Vice Chair/Vice President DOUGLASJONES Secretary/Secretaire BRIAN BOUDREAU Commissioner/Commissaire DON DARLING Commissioner/Commissaire GARY SULLIVAN Commissioner/Commissaire MAIKE WHITE Commissioner/Commissaire MICHAEL COSTELLO Commissioner/Commissaire BRUCE CONNELL Chief of Police/ Chef de Police DAPHNE WAYE Executive Administrator/ Secretaire Administrative Telephone/Telephone: (506) 648-3324 E-mail/Courriel: policecommission(o) saintiohn. ca Explore our past/ Explorez notre passe Discover your future/ Decouvrez votre avenir February 28, 2019 Mayor Don Darling, and Members of Common Council Your Worship and Councillors: Re: Public Safety Committee / Transportation and Environment Services At the February 12, 2019 meeting of the Saint John Board of Police Commissioners' there was motion to send a letter to Council to support the development of a plan to expand the City of Saint John Committee Structure to include a third committee, being Public Safety Committee / Transportation and Environment Services. Yours very truly, Edward Keyes, Chair Saint John Board of Police Commissioners EK:dew REQUEST TO PRESENT TO COUNCIL FORM ABOUT PERSON GROUP PRESENTING First Name: Nick Last Name: Cameron Name of Organization/Group (where applicable): Fundy Regional Service Commission Mailing Address: PO Box 3032 City or Town: Grand Bay -Westfield Province: NB Postal Code: ESK 4V3 Day Time Phone Number: 506-343-7946 Email: ncameron@frsc.ca ❑ If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. ABOUT YOUR RE UEST Topic of Presentation: The Coastal Link Trail - a proposed cycling route to connect the Trans Canada Trail in Saint John to the East Coast Greenway in Calais, Maine. Purpose for Presentation (what is the ask of Council): We are asking for council's support of this project. It will be led by the Coastal Link Trail Incorporated, in cooperation with the regional service commissions, municipalities, provincial departments and community partners. We are asking for council to send a letter of support to the Minister of Tranportation and that city staff work with us to ensure the route aligns with the city's active tranporation, recreaton and tourism goals. Background Information:The Coast Link Trail is an idea that has existed in the community for decades. Portions of the former railbed between Saint John and St Stephen were developed for recreational use but never fully connected. More recently, a grassroots group of volunteers based in the Charlotte County area have organized to realize this dream. They are now an incorporated not-for-profit called Coastal Link Trail Inc. By working with the NB Trails Council, the Southwest New Brunswick Regional Service Commission, Fundy Regional Service Commission and the Department of Tourism, Heritage and Culture, Coastal Link Tail Inc has completed a feasibility study for the route and secured $1M in seed funding. We wish to begin development with our partner municipalities and the Department of Transportation. In addition to seed funding, we are working with Trans Canada Trail Inc and NB Trails Council to access additional resources, as well as organizing fund raising activities. The route will be registered with Trans Canada Trail Inc, opening up their development and marketing resources to this REQUEST TO PRESENT TO COUNCIL FORM me ary asur Cahn project. Registration with Trans Canada Trails requires us to demonstrate support from provincial and local governments. YOUR SIGNATURE Signature: Nick Cameron Date: 2019-02-28 COUNCIL REPORT M&C No. 2019-45 Report Date March 05, 2019 Meeting Date March 11, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Contract 2019-03: Metcalf Street (Main Street to Lansdowne Avenue) — Water main, Sanitary and Storm Sewer Installation and Street Reconstruction OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Joel Landers Michael Hugenholtz / Brian Keenan John Collin RECOMMENDATION It is recommended that Contract No. 2019-03: Metcalf Street (Main Street to Lansdowne Avenue) — Water main, Sanitary and Storm Sewer Installation and Street Reconstruction be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $1,015,900.80 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract No. 2019-03: Metcalf Street (Main Street to Lansdowne Avenue) — Water main, Sanitary and Storm Sewer Installation and Street Reconstruction to the low Tenderer. PREVIOUS RESOLUTION July 30, 2018; 2019 Water & Sewerage Utility Fund Capital Program approved July 30, 2018; 2019 General Fund Capital Program approved -2 - REPORT BACKGROUND The approved 2019 General Fund and Water and Sewerage Utility Fund Capital Program includes funding for the reconstruction of Metcalf Street from Main Street to Lansdowne Avenue. The work involves the replacement of the existing watermain, sanitary sewer and storm sewer, full street reconstruction including new concrete curb and sidewalk, roadway granulars, asphalt and landscaping. TENDER RESULTS Tenders closed on March 5, 2019 with the following results, including HST: 1. Galbraith Construction Ltd., Saint John, NB $ 1,015,900.80 2. Fairville Construction Ltd., Saint John, NB $ 1,083,492.63 3. Dexter Construction Company Limited, Saint John, NB $ 1,155,661.45 4. TerraEx Inc., Saint John, NB $ 1,205,299.19 5. Maguire Excavating Ltd., Saint John, NB $ 1,490,109.63 The Engineer's estimate for the work was $1,366,047.05, including HST. ANALYSIS The tenders were reviewed by staff and all were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2019 General Fund and Water and Sewerage Utility Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget Project net cost Variance (Surplus) K91 $ 1,404,000.00 $ 1,003,650.00 $ 400,350.00 -3- POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents due to infrastructure failures. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 21 COUNCIL REPORT M&C No. 2019-42 Report Date March 04, 2019 Meeting Date February 11, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Contract 2019-07: Chipman Hill (Union Street to King Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Kevin O'Brien Michael Hugenholtz / Brian Keenan John Collin RECOMMENDATION It is recommended that Contract No. 2019-07: Chipman Hill (Union Street to King Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction be awarded to the low Tenderer, Terra Ex Inc., at the tendered price of $968,581.75 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2019- 07: Chipman Hill (Union Street to King Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction to the low Tenderer. PREVIOUS RESOLUTION July 30, 2018; 2019 Water & Sewerage Utility Fund Capital Program approved July 30, 2018; 2019 General Fund Capital Program approved WA -2 - REPORT BACKGROUND The approved 2019 General Fund and Water and Sewerage Utility Fund Capital Programs include funding for the reconstruction of Chipman Hill from Union Street to King Street. The work involves the replacement of the existing watermain and sanitary sewer, installation of a new storm sewer for separation and full street reconstruction including new concrete curb and sidewalk, brick medians, roadway granulars, asphalt and signage. TENDER RESULTS Tenders closed on February 26, 2019 with the following results, including HST: 1. TerraEx Inc., Saint John, NB $ 968,581.75 2. Fairville Construction Ltd., Saint John, NB $ 1,067,655.40 3. NRB Construction Company Limited, Saint John, NB $ 1,141,835.00 4. Maguire Excavating Ltd., Saint John, NB $ 1,155,797.15 5. Galbraith Construction Ltd., Saint John, NB $ 1,268,547.75 The Engineer's estimate for the work was $1,039,161.85, including HST. ANALYSIS The tenders were reviewed by staff and all were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and ability to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2019 General Fund and Water and Sewerage Utility Fund Capital Programs. This project is partially funded by the Clean Water Wastewater Fund program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 956,100.00 Project net cost $ 973,100.00 Variance (Shortfall) - $ 17,000.00 W -3 - The asphalt reinstatement component of the work for Chipman Hill will be charged against the City's Asphalt Roadway Resurfacing and Curb & Sidewalk Renewal project in the 2019 General Fund Capital Program. The project also includes underground conduit installation for Saint John Energy that will be completed prior to road reconstruction. The underground conduit costs will be recovered from Saint John Energy. The projected budget shortfall can be managed within the overall General Fund and Water and Sewerage Utility Fund Capital Programs envelope. POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents due to infrastructure failures. The storm water and sanitary sewer flows will also be separated on Chipman Hill. In addition, this project provides the opportunity to improve the streetscape with the installation of brick medians for the full length of the street. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 0&1 COUNCIL REPORT M&C No. M&C 2019-44 Report Date March 04, 2019 Meeting Date March 11, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Rockwood Golf Course Irrigation Pump Station Purchase OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim O'Reilly Michael Hugenholtz John Collin RECOMMENDATION Your City Manager recommends that, notwithstanding the City's Purchasing Policy, Common Council purchase (supply and install) from Irriplus Ltd. a replacement irrigation pump station for the Rockwood Park Golf Course as per the quote attached to M&C 2019-44. PREVIOUS RESOLUTION N/A REPORT The City of Saint John owns the Rockwood Park Golf Course. The City currently has an agreement with Golf Rockwood Inc. to operate the golf course and adjacent driving range on behalf of the City. The golf course contains an irrigation system. The system includes a pumping station that pumps water from an adjacent watercourse to a series of pipes throughout the golf course to water the golf greens. The current pumping station for the irrigation system was constructed in 1998. The pumping station has reached the end of its useful life between its age and a lightening strike that occurred in 2018. The current system has some inefficiencies including two sets of pumps that increases its operating and maintenance costs compared to alternative systems. OR -2 - Common Council approved funding in its 2019 General Fund Capital Budget to replace the golf course irrigation pump station. The original intent was to initiate a competitive Request -for -Proposal process. Two new sets of information realized in recent months has caused staff's recommendation to change from a competitive process to a sole source purchase: 1. There is urgency of replacing the current system in early 2019 as a result of the current winter conditions. The extended accumulation of ice this winter is expected to cause significant winter kill to grass including on the greens of the golf course. Golf Rockwood Inc. are preparing for significant grass seeding in the spring that would likely require water from the irrigation system. Much of the golf course greens are constructed on rock and the minimal soil between the rock and grass dries out quickly in warm, dry weather. As the RFP process can take upwards of 8 to 10 weeks to complete before an order can be placed, staff are recommending a sole source purchase to expedite this replacement ensuring the required system is in place by early Spring as well as ensuring the operation of the Golf Course is not adversely affected by a late start in repairing turf damage. 2. Irriplus Ltd. representatives installed the current pumping station in 1998 under the direction of the previous operators of the golf course and have the past knowledge of the system and the required expertise. This type of irrigation system is very specialized and requires the engagement of a qualified provider. It would have been challenging for the City to write terms of reference in an RFP document to provide other potential suppliers with the same understanding of the infrastructure. Golf Rockwood Inc. has confidence in the solution developed by Irriplus Ltd. They draw on the expertize of this company from time to time in the operation of the golf course. City staff engaged CBCL Ltd. to complete an independent review of Irriplus Ltd.'s proposal. CBCL Ltd. provides the City, Saint John Water in particular, with professional advice regarding water and wastewater systems including pumping stations. CBCL Ltd. has concluded the quote is complete and appropriate for the scope of work required. CBCL Ltd. needed to draw on Irriplus' understanding of the current irrigation system. STRATEGIC ALIGNMENT The Rockwood Park Golf Course aligns with Council's priority of investing in recreation. The current agreement with Golf Rockwood Inc. also aligns with Council's Valued Service Delivery priority of providing service through partnerships and Fiscal Responsibility priority as the agreement produces operating revenues for the City annually. 41.1 -3 - The golf course is part of Rockwood Park, one of two regional parks identified in PlaySJ. The lack of corporate knowledge of the irrigation system provides an example of why the City's investment in developing an Asset Management Program is so important. Better knowledge of assets' lifecycle investment requirements, such as the golf course's irrigation system, will build upon the quality of the City's Long Term Financial Plan. SERVICE AND FINANCIAL OUTCOMES The supply and install purchase of the replaced pumping station from Irriplus Ltd. will cost $124,480.00 plus HST. This investment is budgeted as part of the 2019 General Fund Capital Budget. The replaced system is expected to reduce operating and maintenance costs including through the reduction from two to one set of pumps. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Materials Management Division is in agreement with the sole source recommendation given the facts described in this report. ATTACHMENTS Scope of work from Irriplus Ltd. for supply and install of the replaced golf course irrigation system pump station. WA Scope of work related to attached quote Float Assembly HDPE double ring float c/w 8 in aluminum I-beam and stainless cables and shackles designed to support 7500 lbs HDPE Pipe and Fusion Includes 100 feet of 8 in schedule 11 HDPE pipe, elbows, flanges and rings, gaskets, bolts and nuts, fusion labor and fusion equipment. Electrical Work Disconnect old pump and reconnect new pump. Disconnect and remove any outdated and unused electrical on walls. Supply and install new disconnect and fuses for pump. Crane Rental Remove roof and re -install same on pump house, remove old skid from pump house and install float assembly with pump into the lake. Total allotted time 1 day Welding Work Construct and install support brackets for HDPE pipe along rock face as required. Load Reactors Used on the output side of the VFD's to keep electrical power consistent to the motors when wire lengths exceed 60 ft total distance between panel and pump. Load reactors already included for supply power to the VFD's K-11 COUNCIL REPORT M&C No. 2019-41 Report Date February 26, 2019 Meeting Date March 11, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Spring 2019 Debenture Refinance Application 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 Cathy Graham/Kevin Fudge John Collin RECOMMENDATION 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 27th, 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 S5,920,000 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of five million, nine hundred and twenty thousand dollars ($5,920,000). 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debentures in the principal amount of five million, nine hundred and twenty thousand dollars, ($5,920,000) at such terms and conditions as are recommended by the Corporation. Wel -2- 3. And further that the City of Saint John agrees to issue post-dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 4.50% and a term not to exceed 5 years for the General Fund and Transit Commission and a term not to exceed 10 years for the Water and Sewerage Utility. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. EXECUTIVE SUMMARY The debentures issued to the City of Saint John in June 2009 were for a term of 15 years General Fund and Transit Commission and 20 years Water & Sewerage Utility. However, due to market conditions at that time, the New Brunswick Municipal Finance Corporation could only issue debentures with a 10 year term with a requirement to refinance the remaining balance in the spring of 2019. The next step in the debenture refinancing is to submit application to the New Brunswick Municipal Finance Corporation. In order to proceed with the debenture financing this recommendation requires Council's adoption. PREVIOUS RESOLUTION M&C 2019-11 Spring Debenture Issue — Notice of Motion REPORT The New Brunswick Municipal Finance Corporation is planning a bond issue in the near future and applications are to be submitted by end of March 2019. While the issue will not be sold until the Corporation feels that rates are reasonable, they have provided ranges within which the issue could be sold. These are as follows: Interest Rate: Not to exceed an average of 4.50% Price, Net: Not to be less than $98.00 per $100.00 of debenture Term: Serial form to mature in equal annual amounts over a term not to exceed 5 years for the General Fund and Transit Commission and 10 years for the Water & Sewerage Utility. 30 -3 - The amount to be borrowed is a result of the refinancing of debentures issued in 2009. Market conditions in 2009 resulted in a fixed period of ten years on the debentures even though the City borrows for 15 years for General Fund Capital and 20 years for Water and Sewerage Fund Capital. There is interest rate risk for the City when debentures require refinancing due to market conditions. The City has received debentures since 2012 that are for the full term and will not require refinancing, therefor eliminating interest rate risk. The City has also benefited from historically low interest rates when refinancing the balance owed on debentures. The average yield on the June 2009 debentures was 4.436%, where the average yield on debentures in December 2018 was 3.419%. Market conditions are still favorable and the City should see a reduction in interest costs for these refinanced debentures. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 31 SUBMISSION TO COUNCIL FORM the City of Saint gahn ABOUT PERSON/GROUP First Name: victoria Last Name: Clarke Name of Organization/Group (where applicable): Discover Saint John Mailing Address: 15 Market Street, 11th Floor City Hall City or Town: Saint John Province: NB Postal Code: E21_41_1 Day Time Phone Number: 506-649-6046 Email: victoria@discoversaintjohn.com ❑ If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. ABOUT YOUR SUBMISSION Topic of Submission: Discover Saint John —Tidal Mural Purpose for Submission (what is the ask of Council): Request the access and use of Market Slip seawall, floating dock and staging area Executive Summary: Description: In June 2017, Sean Yoro signed a contract with Discover Saint John that included travel, accommodations, food, labour and materials for his team of three. Arriving from Los Angeles on July 30 and working through to August 91" — Sean and Gabrielle Yoro and Payten Purdy worked for 10 days straight. Gabe worked the cameras, capturing still, time lapse and video for the final videos. Payten served as a support person for Sean —ferrying over materials as needed and managing the lines to stabilize Sean on the board. Crowds gathered every day to watch Sean work and crowds gathered every night to see the progress. Members of the media lined up at the security gate at Pugsley Slip to get a chance to interview Sean and the team. Sean worked in six hour cycles as the tide moved in and out of the Bay. His efforts resulted in "Huna" a 28 foot high, 40 foot wide fully submerged mural —the only one of its kind in the world. International and national media outlets including CNN, CTV and CBC covered the painting and countless art, surf, lifestyle websites and social channels have shared the video around the world. Hula's own social media channels and website have generated over 6.4M views and engagements. Hula's work in Saint John has helped raised the profile of the Bay of Fundy by reaching previously untapped markets with an interesting, beautiful story of the tides. Sean Yoro was named to the 2018 'Top 30 Under 30' in the Arts and Style category by Forbes Magazine. Project Recognition: Discover Saint John was shortlisted for the 2018 MPI Atlantic Annual Industry Awards in the category of Event of the Year Award which was awarded July 6, 2018 in Halifax, NS. SUBMISSION TO COUNCIL FORM the City of Saint gahn Discover Saint John won the 2018 Seatrade Cruise Award in the category of Marketing Initiative of the Year Award which was awarded September 19, 2018 in Lisbon, Portugal. Discover Saint John won the 2018 Tourism Industry of New Brunswick Award in the category of Marketing Initiative of the Year Award which was awarded November 20, 2018 in Fredericton, NB. Discover Saint John was shortlisted for the 2018 Canadian Tourism Awards for the Accor Hotels Marketing Campaign of the Year Award presented on November 28, 2018 in Gatineau, Quebec. 2019: Sean has told us that this project is the number one project he gets asked about on his travels around the world. He is interested in returning. Discover Saint John has started to work on the moving parts required to see another incredible project. This time Sean does not want to paint on the seawall — we have suggested submerging sheets of steel from dismantled, discharged shipping containers. Once painted, having used the tides as scaffolding/ladder, it will be lifted from the slip and given a permanent home somewhere within the city. Thus ensuring longevity for the piece and creating a destination for fans of Sean Yoro to get a chance to see one of his pieces up close. Request: Discover Saint John is requesting the Common Council grant Discover Saint John and its agents, employees, partners and contractors access to and the use of the Market Slip seawall for the steel installation, mural creation and installation removal for approximately four weeks mid-July to mid- August 2019. . YOUR SIGNATURE Signature: Victoria Clarke Date: 2019-02-28 0 LU Q LU 0 0 LU LU z LUQ 0 LU ryD OO �W V L m L 4 O U .E fa � O O 0 C C N C: C N i X _ U � L � � 0 U vi O ca O O ca VO O 0 O E U .� C W V� m W J m c O m c L ow H L O 4 m ca � U fa i ca U O +-) ca C O -0 LU ca C: ._ C: O C: ca 4-)O O U bn 4 � O .CL O N O +.+ Ln O 0 (Di..� 0 E E O V L O w m z o � o U C:N . 00 N U O r -j O C: Q N -S N Ln ; Q N 4-J U O ca 4— C: _0 cLn N ca cc Q ca _ O 0 C: cn a--+ •U co O v a--+ OC:- cc � 4-J •— N cc Ov S Lr) E Q N E Ov 'i Q U O 01 ca i C: +-+ i G ■ +�-+ fa m c/) U I E m ULM 0 x D ow V m VZ, -4-, E �c .-J a l aI c O m ru CY I I 9 I I & to u N IS NmUll"') "ll",I)IIIIIINNSWINIOD a LO co 14" a LO co /----! 6©i ---� � �\) 2N u M A u LO 0 a a LO w I O a) LM LL a) LM LL M 9 "top, IT 2 i ■ O N co d W A ._ O U O ca O v as OC U a a February 22, 2019 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning 97-99 Exmouth Street The City of Saint John. On January 28, 2019 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 20, 2019 meeting. Krystal Kindred and Gail Doucette the applicants and Wayne Doucette, project manager for the construction, appeared before the Committee and indicated they were in agreement with the staff recommendation. The applicants noted they provide services for the Provincial Department of Social Development and noted that while their company has a staff of 28, the majority work off-site with approximately 6 staff on-site at any given time. Committee members questioned the proposed floor plans, noting the building layout appeared to be residential in nature with rooms that could be used as bedrooms and two full bathrooms. The applicants noted they provide family support services which include working with young parents and instruction in independent living skills. In a response to Committee members regarding the cladding material of the proposed building, Mr. Doucette noted they are proposing to use metal siding in lieu of vinyl siding given the exposure of the site to prevailing winds. 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 contained in the report. Page 1 of 3 62 Supreme Human Services Ltd. 97-99 Exmouth Street February 22, 2019 RECOMMENDATION: 1. That Common Council rezone an approximately 862 square metre parcel of land located at 97-99 Exmouth Street, also identified as PID No. 00015834, from Urban Centre Residential (RC) Zone to General Commercial (CG) Zone. 2. That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19) the following condition upon the development and use of the parcel of land having an area of approximately 862 square metres, located at 97-99 Exmouth Street, also identified as PID No. 00015834, be restricted to the following purposes identified in the General Commercial (CG) Zone of the City's Zoning By-law: a. That the use of the lot be limited to the following uses as defined by the Zoning By-law: • Accommodation; • Artist or Craftperson Studio; • Bakery; • Banquet Hall; • Business office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Centre; • 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; • Health and Fitness Facility; • Health Services Laboratory; • Home Occupation, subject to section 9.9; • Library; • Medical Clinic; • Personal Service; • Pet Grooming; • Place of Worship; • Private Club; • Restaurant; • Retail General; • Secondary Suite, subject to section 9.13; Page 2 of 3 63 Supreme Human Services Ltd. 97-99 Exmouth Street February 22, 2019 • Service and Repair, Household; • Supportive Housing, subject to section 9.14; • Technical or Vocational School; • Veterinary Clinic; • The existing use described in Schedule E: Exceptions, of each lot respectively identified therein as being located in the CG zone. Respectfully submitted, Eric Falkjar Chair Attachments Page 3 of 3 64 The City of Saint John Date: February 15, 2019 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Wednesday, February 20, 2019 SUBJECT Applicant: Krystal Kindred Owner: Supreme Human Services Ltd. Location: 97-99 Exmouth Street PID: 00015834 Plan Designation: Medium to High Density Residential Existing Zoning: Urban Centre Residential (RC) Proposed Zoning: General Commercial (CG) 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, March 11, 2019. Page 1 of 7 65 Krystal Kindred 97-99 Exmouth Street February 15, 2019 SUMMARY Krystal Kindred (Applicant) has submitted an application on behalf of Supreme Human Services Ltd. (Owner), which is seeking to rezone the site (PID 00015834) located at 97-99 Exmouth Street from Urban Centre Residential (RC) Zone to General Commercial (CG) Zone. The applicant is proposing to construct a new building containing a business office (providing assistance with family development). RECOMMENDATION 1. That Common Council rezone an approximately 862 square metre parcel of land located at 97-99 Exmouth Street, also identified as PID No. 00015834, from Urban Centre Residential (RC) Zone to General Commercial (CG) Zone. 2. That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c. 19) the following condition upon the development and use of the parcel of land having an area of approximately 862 square metres, located at 97-99 Exmouth Street, also identified as PID No. 00015834, be restricted to the following purposes identified in the General Commercial (CG) Zone of the City's Zoning By-law: a. That the use of the lot be limited to the following uses as defined by the Zoning By-law: • Accommodation; • Artist or Craftperson Studio; • Bakery; • Banquet Hall; • Business office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Centre; • 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; • Health and Fitness Facility; • Health Services Laboratory; • Home Occupation, subject to section 9.9; • Library; • Medical Clinic; • Personal Service; Page 2 of 7 66 Krystal Kindred 97-99 Exmouth Street February 15, 2019 • Pet Grooming; • Place of Worship; • Private Club; • Restaurant; • Retail General; • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Housing, subject to section 9.14; • Technical or Vocational School; • Veterinary Clinic; • The existing use described in Schedule E: Exceptions, of each lot respectively identified therein as being located in the CG zone. DECISION HISTORY None. ANALYSIS Proposal The applicant is seeking to rezone the subject property at 97-99 Exmouth Street from Urban Centre Residential (RC) Zone to General Commercial (CG) Zone to facilitate the construction of a new business office to facilitate family development and assistance with actions related to children services. Site and Neighbourhood The subject site is approximately 862 square metres and is currently vacant. The site is located in the Waterloo Village area of the Central Peninsula and is kitty corner to Romero House. The surrounding development is a mixture of single detached, multi -residential development and commercial uses (Phoenix Dinner Theatre). The site topography is heavily sloped downward towards Exmouth Street, which itself is sloped towards Brunswick Street. Municipal Plan and Rezoning The Municipal Plan future land use map indicates the site is designated Medium to High Density Residential and the site falls within the Primary Development Area (PDA). This designation permits a broad range of housing types with an emphasis on higher density forms such as multi - residential development and townhouses. Page 3 of 7 67 Krystal Kindred 97-99 Exmouth Street February 15, 2019 Policy LU -45 of the plan provides the following comment (emphasis added): "Within the Medium to High Density designation, permit a range of housing types with an emphasis on the provision of higher density housing forms such as apartment, condominium, and townhouse units. Nothing in this Municipal Plan, however, shall be interpreted to prohibit lower density forms of residential development in this designation, provided that minimum residential density targets have been met for the Intensification Area as a whole. Other compatible uses may be permitted in the Medium to High Density designation without amendment to the Municipal Plan including, but not limited to convenience stores, home occupations, neighbourhood retail uses, parks and community facilities".' The Municipal Plan does not provide a definition of a `community facilities'. In planning terms, these would be any uses which would provide facilities for community residents, which can include recreational, social or medical facilities in various forms, including office and administrative functions for such uses. From this perspective, no Municipal Plan amendment is required to facilitate the subject rezoning and the Municipal Plan is deemed to be supportive of the proposal. The subject site also falls into Central Peninsula Neighbourhood Plan Area — a policy document currently under development by the City of Saint John. It should be noted that the Plan is not currently adopted by Common Council and so policies contained in the draft have no legal standing at this time. The application is generally in keeping with the direction of the current draft of the Central Peninsula Neighbourhood Plan for the Waterloo Village area; which will generally encourage a mixed use higher density community. Zoning Review This proposal would allow the site to be rezoned to the General Commercial (CG) Zone. The purpose statement of CG Zone notes that it is intended for land "...inside of the Primary Development Area that is designated Local Centre, Low to Medium Density Residential, Mixed Use Centre or Stable Commercial", although it is noted that "However, land in other appropriate designations could be zoned CG". Given the Municipal Plan encourages this neighbourhood to redevelopment into mixed use and at higher densities; the CG Zone provides a broad range of commercial uses which can help support this intent. The proposal is designed to serve a clientele beyond the immediate neighbourhood and the applicant has indicated that most services are provided offsite. That said, some office visits will occur. The site is not located on a traditional commercial corridor or in the Uptown Commercial area. The proposed building is a scale which is larger than those contained on local commercial sites. All of these reasons support the proposed rezoning to the General Commercial (CG) Zone. ' Policy LU -45 — Municipal Plan Page 4 of 7 68 Krystal Kindred 97-99 Exmouth Street February 15, 2019 The proposed building design (see submissions 1 and 2) provides the applicant the ability to grow their services. No dwelling units are proposed and no one will reside on the site. However, in examining the design of the building it has been noted that the proposed layout could facilitate adaptive reuse in the future. The maximum size of a Business Office is limited to no more than 3,000 square metres (paragraph 11.7 (3) (b) of the Zoning By-law). The proposed building is well below this requirement (approximately 373 square metres). In reviewing the CG Zone; a number of auto -oriented uses which would not facilitate the Municipal Plan vision of a mixed use, higher density neighbourhood. In order to help facilitate this goal, a condition limiting the uses on the site has been proposed. Parking and Loading The Zoning By-law provides regulations for parking and loading requirements for various uses. The subject proposal will also require one barrier free parking stall and a loading zone, which will be dealt with at the permitting stage. The subject site falls into the Waterloo Village intensification area as outlined in Schedule D of the Zoning By-law, which would allow parking requirements of up to 80 per cent of that required — due to proximity to Public Transit and the pedestrian oriented nature of area. As a business office use the parking count is compliant based upon the floor area of the building. The applicant may seek variances to parking requirements; which will be reviewed at the permitting stage and may have some merit from Staff's perspective. Lot Grading and Drainage As per the City's Drainage Bylaw, a Lot Grading plan and storm drainage plan will be required at the permitting stage to ensure proper drainage from the property into the storm sewer system. Conclusion The proposed rezoning can be supported as it meets the intent of policies contained in the Municipal Plan and the purpose of the CG Zone. The proposal falls in a designated intensification area, where new development is encouraged and parking requirements are reduced. The proposed use provides a form of community facility focusing on family services which is a valuable service for the nearby and broader community. 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 5 of 7 69 Krystal Kindred 97-99 Exmouth Street February 15, 2019 1. Growth & Prosperity; 2. Vibrant and Safe City; 3. Valued Service Delivery; and 4. Fiscal Responsibility. These priorities, although not Planning Policies, are goals for Common Council. This application would help fulfill Council's priority of Growth & Prosperity by allowing development in the Central Peninsula that would be an investment in the rejuvenation of the Waterloo Village neighbourhood 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 February 8, 2019. The public hearing for the rezoning was advertised on the City's website beginning on February 12, 2019. SIGNATURES AND CONTACT Prepared: Kenneth Melanson, BA, RPP, MCIP Manager, Community Planning Reviewed: Vd Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Melanson, Kenneth Phone: (506) 721-8694 E-mail: Ken.Melanson@saintjohn.ca Project: 19-0001 Approved: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 6 of 7 70 Krystal Kindred 97-99 Exmouth Street February 15, 2019 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2: Floor Plan Submission 3: Rendering Page 7 of 7 71 ILS KIMOIC.) 4s 00�4�`?�b44 CP O/Y Iml N rl- El 0 0) C:N M 0 :3 _ CU C� (1) F� M v 0 a> a> a> LD c� Im v as LL E E E 0 c.� 0 LL is v as LL E E E 0 c.� 0 0 0 0) LL 0 0 c.� m a> cn 0 v a) E 0 c.� a� tD (D El ti El C:0) E 0 C'4 N C: M :3 C: 0- 0 (1) cu LO I- 0 J J El 0 0) ry�q cu Q x� a w 0 31U3H 31VNIS S31H3S Z 9NnH S3IU3S Z 0NnH 310NIS m R Z49E Z99C III (I Z99E w of in y O N N(-n�' N (DtD J 2 (I� co U) fV O No o co tn N 4i OD m I _LL SW I m 099E Z b m o _ N 2 Yn „ ,Q $ "LL aI N v J z 0 CI �j b � dFd CD 4 o <O �1-Ucn� p U U p n J W (D Q b ta i 'JNfiH 310NIS a S31a3S Z °JNnN 31`JNIS W9C Z d J a 0 0 J LL D Z 0 0 W to WIN� I ■■ ■ � �I ' � ■ i' _� � � � �! -�' . ,,, � � ��. ■ -- j ��i �I -,- ■ � �� ■ �■ �� ' �� .�: �I � �,� ■ - �i __ J � J � 1 �• 1_1. 1 1_••Akft PROPOSED ZONING BY-LAW AMENDMENT RE: 97-99 EXMOUTH STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Ludlow Room, City Hall, on Monday, March 11, 2019 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 862 square metres, located at 97-99 Exmouth Street, also identified as PID No. 00015834, from Urban Centre Residential (RC) to General Commercial (CG), as illustrated below. INSERT MAP REASON FOR CHANGE: To permit the construction of a new medical clinic (family counseling). The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARRETE DE ZONAGE OBJET: 97-99, RUE EXMOUTH Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a I'Arr&6 de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle Ludlow, a 1'h6tel de ville, le lundi, 11 mars 2019 a 18 h 30 : Rezonage d'une parcelle de terrain d'une superficie d'environ 862 metres carr6s, situde au 97-99 rue Exmouth, et portant le NID 00015834, de zone r6sidentielle du centre-ville (RC) a zone commerciale generale (CG) comme le montre ]a carte ci-dessous. INSERT MAP RAISON DE LA MODIFICATION: Pour permettre ]a construction d'une nouvelle clinique m6dicale (consultations familiales). Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire a 1'h6tel de ville situe au 15, Market Square, a Saint John, au Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit a Pattention du soussign6 a 116tel de ville. Si vous avez besoin des services en francais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658-2862 E:ic3 j/ ,-I.,.,, fj, 11), 4", t,! "Pi 1121111011! ve" 6158-219111 4, Nl 'i[LAIL114 Fluc632- 19 GIR'OVOTFI & C10MANUIATY DEV1''',L0'1Rl1v1 Ul'y — F- . . . ............ .............. . . OCATION �CIVIC L L�P I'D 4 L( =_,, ADDR hu ,HERITAGE AREA, Y N INTENSIFICATION AREA: Y N FLOOD RISK AREA Y N APPROVED GRADING PLAM Y N APPLICATION DATE RECDVED� U. �,q ... . .. . ............ . .... . .......... �-I`u RECEoVED BY ny, APPLICANT EMM d q cli ia-- z 0 MAT NA R F S 5 Pir.)STAIL C,ODIE maf w.1z, K 2 ir,'ONTRACTP rte. II OIR YMA'I LL z IVIAI,ING AIDDIRESS POS TAIL 0011) E . . . .... ... .... ........ . .................. . . . . . .. OWNER c �5Lki)Irelrylt! htl,I11`lab) 169 CL i ) C oz— k�(k ICY) Ck Il 6, l , ,,, - 1. -Lu —auL. AA IJ IlltoAD Rr. S1, R05 TAIL C(JID E C( 'L i -c zk, L'y&J- � c)Li,U, j C1 �IL It PRESENT USE' PIROPOSED U1151E: P" r,y-) Y, Is PLANNING INFRASTRUCrURE HERITAGE 01. MTERIOR RENOVAflON NEW CONSTFILXTrON IDVARlANCE [:]STREET EXCAVATION HERITAGE DEVELOPMENT EX TEM 0111 RENOVA Il R ON AC f.- ESSOR Y 84 U [1P,,ANNiN,,,� �,ErTfk DDRIVEWAY CULVERT HERITAGE SOGN DADD11 P"I()N E] plr)(),„EIPPlC APPI ICANON DRAINAGE HERITAGE INFILL DDECK ODEMOLITPONOUNCOL APP WATER & SEWERAGE ff, El R HERITAGE DEMO u CHANGE OF jSir uu nSIGN 054 F.101HER OTHER m []MIMMUM SlANDARDS OTH ER OTHER — --------- . .. . ...... . .. . ..... 7 7— .. ... . . . . ....... . Z,19 �., ............ 1-1 -V1 0 0 — . . . . . . . .... . .............. . .......... .. u L. II to the Cityof Salnk,ohn sending tai mir., ctnirmerval eleall-06c ine,,,sages, from ti�imp. to binnip, rielgairldhing 0ty orkiatives and inClEntives Ga"wal 6fillecueng searl rh,wJ1.. o140,1,1 b", 11 �, � mwi, F,,, rbe I'l wyo6lp h0M hl J, ", I:" "M 1lr0Y1U1W S,M , q Or"( , Me'Wr � r", , " t Oe^ t, lhlO ^°w1, "1 r wm� Aohn 1� I Ow'", 1,4 pe,, oud At,.IM06Un ^lp:ndralp 40 , ,N 6011V Herr, of aw, , —rn l"', : ifl, -,4 f, -„, —h- ", rs , hwaw ,, lh, th'', p x d Ild m, Rou , hqmw,:1lwn amil P, ,, ,w, N l 6, , ft: Vjl,r pq7 jrpi,7,1r,o? — yro-m,, 10401',Jlffhi dw tuhY, "o'? 1M!Qr,,wrrart pAW—' WIMO 4N, L e, a, C"n thl, 86r f?lAW ,1.1, "')P" %0 E h rG r w, h , w .',r`,,.^ tfe unde,rOq ip(t hebal!)", piy '("w the pe,�rinjlj(sf OP vi!)cm,c ror the "()fk plryrl,, h,MP15 suuirmlilePusnolukobcm (nc(l,,desdlroJevcM 0ocurrlernWjon necessoiy P0� 11he jpp4ec kd lor I cgjhp 4n VlMh the pj'iwow, miel r rlher iyro�? Io compAl' wilin nY relevant Cf�y i5y,kiws ond ct.... ..... . Apjalg!cw Nume L App,:Qil, Dote novelopri'lie'll"111"t S1,111lip CIVIC ADDRESS -1 TYPE OF APPLICATION Land for Public Purposes Release Service Fee $300 Li Section 39 Amendment Service Fee $2 500 M Non -Conforming Use Service Fee 5200 10 Zoning By-law Amendment Service Fee $2 500 # 'j� N FEE PAID Satisfactory Servicing Service Fee, $200 2 Zoning By-law Amendment with a Municipal Plan Amendment Serv, ce Fee $3,500 AU rHGRlZA'nolio A:!si of the rJlate 0 thtsapphcaticx°u,, 1,'tim unden..;iigred, arn the regztered owner of the land: descx[bed in this iappticafion or the authon20d agent thereof, unnd i have pxarnneck 9 -ie coritents of thus appxatei(')n and hereby cii-,v-bby that the wiformahon subrin tted with the appOcafion Is correa iinscfaras I have, iunoWedge of Chase facts, ai-W I hereby aii.ithorize the apphi:aant to represient this maltbar anil to provde any asJdftnalhfo: rirnat'on thm will hel� nece!,.rIsaq, for fts apphcaWri, . ....... ... Regis t i?"I'd. Owner (:rr Ai.j thorized Agen 1: ir"dittio: n,w "':,ew stered Own, r q� tie�red Own > . .. ..... . ......... . .. . . .... Date The information contair*d in ItNs ar,:ipfiGMon and any doo.ornentablon, ir":-.'11k plains, drawings, reports and stiudes, prov;cled iin si.jppu:xt of fts apptcationwrii becorre Ipz.'ia of tli* publikc recoir(I ME g LL7� 8 • •• �� E' II�lFJ■ n. �n W ( cdd�F 99ii m y nWingv igp■; . I l J3�-J � y' b�r��FK a y� :1 z a 0 W m N a7 toA R V- EH! d JE dig o d I l J3�-J � y' b�r��FK a y� :1 z a 0 W m N a7 is X I ^W 114 V 1VADir n 1..,-r. 11 A- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 862 square metres, located at 97-99 Exmouth Street, also identified as PID No. 00015834 from Urban Centre Residential (RC) to General Commercial (CG) - 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. 2019 and signed by: Mayor/Maire kvmtkz it t'.. 114 111.r. 11,1 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du Conseil communal, The City of Saint John a decrete ce qui suit : Uarrete de zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: I La modification de I'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 862 metres canes, situee a 97-99 rue Exmouth et portant le NID 00015834, de zone residentielle du centre-ville (RC) i zone Commerciale generale (CG) - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le * 2019, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture Canon Stree Presentation to Common Coun] K4on:h 11, 2019 Growth & Community Planning m=m Growth mCommunity Development Services SAWTJOHN— - - Rezone a 2,847 square metre area of land from Neighbourhood Community Facility (CFN) to General -Rezoning toenable the repurposing ofthe former Holy Trinity Church into abanquet hall and events venue. 28/02/2019 94 1 OR (P. - SAN'T'JOHN 28/02/2019 6-1).. SAWTJOHN 28/02/2019 3 28/02/2019 SAWTJOHN MA 28/02/2019 01:3 ° Policy LU-88—"Ensure that significant new development and redevelopment in areas designated Stable Residential shall generally be permitted only through a rezoning process where compliance is demonstrated with the following requirennents^ 12 061 A The proposed land use is desirable and Repurposes vacant building, provides an additional venue and adds to the vibrancy of the neighborhood contributes positively to the neighbourhood; without detracting from existing character. The proposal is compatible with surrounding land Proposal borders on a commercial corridor and is adjacent to community facilities, mid -rise residential uses; uses, and a number of vacant lots. The development is in a location where all necessary water and wastewater services, parks and recreation services, schools, public transit and other community facilities and protective services can readily and adequately be provided; The proposal is within an established service area and conveniently located off the highway. Although located on a transit route, it is expected that patrons will arrive by private vehicles and taxis. Site design features that address such matters as safe access, buffering and landscaping, site Expected changes to the site are anticipated to be grading and stormwater management are focused on the interior space. incorporated; 13 • Public hearing advertised on City website on February 12, 2019 • Neighbours were notified within 100 metres of property on February 8t", 2019 • No members of the public in attendance at the Planning Advisory Committee meeting • No letters received regarding the application • Applicant was in attendance and in full support of staff recommendation 14 (P. Iii tell] 28/02/2019 VA 28/02/2019 1. That Council rezone a 2,847 area of land from Neighbourhood Community Facility (CFN) to General Commercial 2. That Council imposes Section 59 conditions upon tha development limiting use of the property to compatible uses under the CG zone. 15 6").. SAWTJOHN 1. That Council rezone a 2,847 area of land from Neighbourhood Community Facility (CFN) to General Commercial 2. That Council imposes Section 59 conditions upon tha development limng use of the property to compatible uses under the CG zone. 16 (P. - SAN'T'JOHN 101 8 February 21, 2019 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning Application 348 Rockland Road and 21 Canon Street Tile City of Saint 101 111 On January 28, 2019 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 20, 2019 meeting. Natasha Tobias, the applicant, was present and in full support of the recommendation. There were no members of the public in attendance or questions from the Committee 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. RECOMMENDATION: 1. That Common Council rezone parcels of land having a combined area of approximately 2,847 square metres, located at 348 Rockland Road and 21 Canon Street, also identified as PID Nos. 00025791 and 55086128 from Neighbourhood Community Facility (CFN) to General Commercial (CG). 2. That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19) the following condition upon the development and use of the parcels of land having a combined area of approximately 2,847 square metres, located at 348 Rockland Road and 21 Canon Street also identified as PID Nos. 00025791 and 55086128, namely that use of the property be restricted to the following purposes identified in the Page 1 of 2 102 Natasha Tobias 348 Rockland Road and 21 Canon Street February 22, 2019 General Commercial (CG) zone of the City's Zoning By-law: • Accommodation; • Artist or Craftsperson Studio; • Bakery; • Banquet Hall; • Business Office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Centre; • 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; • Health and Fitness Facility; • Health Services Laboratory; • Home Occupation, subject to section 9.9; • 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, Eric Falkjar Chair Attachments 1 — Staff report dated February 15, 2019 2 — Staff presentation Page 2 of 2 103 The City of Saint. John Date: February 15, 2019 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Wednesday, February 20, 2019 SUBJECT Applicant: Natasha Tobias Owner: Roman Catholic Bishop of Saint John Location: 348 Rockland Road and 21 Canon Street PIDs: 00025791 and 55086128 Plan Designation: Stable Residential Existing Zoning: Neighbourhood Community Facility (CFN) Proposed Zoning: General Commercial (CG) 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, March 11, 2019. Page 1 of 7 104 Natasha Tobias 348 Rockland Road and 21 Canon Street February 15, 2019 SUMMARY The proposal is to rezone a combined 2,847 square metre area of land from Neighbourhood Community Facility (CFN) to General Commercial (CG). The rezoning would enable the repurposing of the former Holy Trinity Church into a banquet hall and events venue and the former rectory as a one unit dwelling. Approval is recommended on the basis that the proposal meets the intent of the Municipal Plan and Zoning By-law in terms of adaptive reuse and neighbourhood context. RECOMMENDATION That Common Council rezone parcels of land having a combined area of approximately 2,847 square metres, located at 348 Rockland Road and 21 Canon Street, also identified as PID Nos. 00025791 and 55086128 from Neighbourhood Community Facility (CFN) to General Commercial (CG). 2. That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c. 19) the following condition upon the development and use of the parcels of land having a combined area of approximately 2,847 square metres, located at 348 Rockland Road and 21 Canon Street also identified as PID Nos. 00025791 and 55086128, namely that use of the property be restricted to the following purposes identified in the General Commercial (CG) zone of the City's Zoning By-law: • Accommodation; • Artist or Craftsperson Studio; • Bakery; • Banquet Hall; • Business Office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Centre; • 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; • Health and Fitness Facility; • Health Services Laboratory; • Home Occupation, subject to section 9.9; • Library; • Medical Clinic; Page 2 of 7 105 Natasha Tobias 348 Rockland Road and 21 Canon Street February 15, 2019 • 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 DECISION HISTORY None. ANALYSIS Proposal On behalf of the property owner, the Roman Catholic Bishop of Saint John, Natasha Tobias is seeking to create a banquet hall and events venue, primarily for weddings. The main floor of the building would be repurposed as the banquet hall and the basement used for linens and storage. The former rectory is located to the west of the church on the same parcel (civic 348 Rockland Road) and would be repurposed for residential purposes. A residential use is permitted on the ground floor of a building within the General Commercial (CG) zone provided the property is within 30 metres of a residential zone. A second parcel further to the west (10 Canon Street) currently consists of vacant land and a single storey garage. Renovations are planned for the interior to create the banquet hall; however, no renovations are anticipated to the building envelope. Site and Neighbourhood The property is situated at the corner of Rockland Road and Canon Street in the city's North End. The subject property occupies the north side of Canon Street, opposite three multiple unit dwellings and a number of vacant lots. Canon Street terminates in a cul-de-sac. The property is bounded by a large nursing home, daycare, and hotel. Residential units to the west are buffered by rock outcrops and the vacant lot at 21 Canon Street. There is parking available on Rockland Road but the property does not have any off street parking. Dependent on the outcome of the proposal, the applicant is actively seeking a parking sharing agreement with neighbouring property owners. Municipal Plan and Rezoning The property is designated Stable Residential, which is identified on Schedule B of the City's Municipal Plan. Land uses within this designation contemplate a range of housing types, but also contemplate other compatible uses. The area is intended to evolve over time but reinforce Page 3 of 7 106 Natasha Tobias 348 Rockland Road and 21 Canon Street February 15, 2019 the predominant community character, with new development making a positive contribution to the neighbourhood. Policy LU -88 provides criteria for redevelopment in areas designated Stable Residential through a rezoning process: The Municipal Plan, in addition to promoting conservation and adaptive re -use of existing buildings, specifically targets "Places of Worship" for adaptive re -use. Policy CF -30 states: "Council shall encourage the adaptive re -use of vacant places of worship for appropriate uses." The General Commercial (CG) Zone is intended for land inside the Primary Development Area that is designated Local Centre, Low to Medium Density Residential, Mixed Use Centre, or Stable Commercial. Given the neighbourhood context and balance of community facilities and commercial uses versus existing residential uses, the proposal is not unprecedented or out of character with the area. It is nearby a large hotel chain on a Commercial Corridor and across the street from a large nursing home and daycare. Should the rezoning proceed, there would be no additional parking requirements. Section 4.2(1) of the Zoning By-law states that: Page 4 of 7 107 The proposal repurposes a vacant building to a. The proposed land use is desirable and provide an additional venue for weddings and contributes positively to the neighbourhood; events and is expected to add to the vibrancy of the immediate area. The proposal is compatible with its surroundings. It borders on a commercial corridor and is b. The proposal is compatible with surrounding land adjacent to community facilities, mid -rise uses; residential uses, and a number of vacant lots. There will be no change to the visual character of the neighbourhood. c. The development is in a location where all The proposal is within an established service area necessary water and wastewater services, parks and and conveniently located off the highway. recreation services, schools, public transit and other Although located on a transit route, it is expected community facilities and protective services can that patrons will arrive by private vehicles and readily and adequately be provided; taxis. d. Site design features that address such matters as Expected changes to the site are anticipated to safe access, buffering and landscaping, site grading be focused on the interior space. and stormwater management are incorporated; e. A high quality exterior building design is provided that is consistent with the Urban Design Principles in Not applicable. the Municipal Plan; and f. The proposal is on a property identified as a Corridor on the City Structure map (Schedule A) or does not detract from the City's intention to direct the Not applicable. majority of new residential development to the Primary Centres, Local Centres, and Intensification Areas. The Municipal Plan, in addition to promoting conservation and adaptive re -use of existing buildings, specifically targets "Places of Worship" for adaptive re -use. Policy CF -30 states: "Council shall encourage the adaptive re -use of vacant places of worship for appropriate uses." The General Commercial (CG) Zone is intended for land inside the Primary Development Area that is designated Local Centre, Low to Medium Density Residential, Mixed Use Centre, or Stable Commercial. Given the neighbourhood context and balance of community facilities and commercial uses versus existing residential uses, the proposal is not unprecedented or out of character with the area. It is nearby a large hotel chain on a Commercial Corridor and across the street from a large nursing home and daycare. Should the rezoning proceed, there would be no additional parking requirements. Section 4.2(1) of the Zoning By-law states that: Page 4 of 7 107 Natasha Tobias 348 Rockland Road and 21 Canon Street February 15, 2019 "nothing in the By-law shall require additional parking spaces if the proposed use requires the same or fewer parking spaces than the previous use." Nevertheless, should the applicant be successful they have indicated interest in formalizing an agreement with an adjacent neighbour for lot sharing during off hours. Furthermore, to provide compatibility of commercial uses, a section 59 conditions is recommended to ensure that incompatible uses in the General Commercial (CG) zone are not permitted on site. Conclusion The proposal represents an adaptive reuse of land for the purpose of establishing a banquet hall and events venue primarily for weddings. On the basis of the goals of the Municipal Plan and the proposal's compatibility with the surrounding neighbourhood, the rezoning can be supported. ALTERNATIVES AND OTHER CONSIDERATIONS Not applicable. 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 February 8, 2019. The public hearing for the rezoning was advertised on the City website on February 12, 2019. SIGNATURES AND CONTACT Prepared: Andrew Reid, MCI P, RPP Planner Reviewed: Approved: Page 5 of 7 108 Natasha Tobias 348 Rockland Road and 21 Canon Street February 15, 2019 Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Andrew Reid Phone: (506) 658-4447 E-mail: andy.reid@saintjohn.ca Project: 19-02 Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 6 of 7 109 Natasha Tobias 348 Rockland Road and 21 Canon Street February 15, 2019 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Floor Plans Submission 3: Rendering of Banquet Hall Page 7 of 7 110 %°�0 <1 0 ',!Il0000///Om/ cf� AA�„ v 51 C3 C' s ao/ a, I 0/0 A lb ta, 0 er/,� /,000 - ed) 0 00011, E'N's oo A,' C9 oo Immalo A$, %kr., 61 00 1�0 m ST .2 0 0 0') C:0) (1) = -c- C: 0 1 .2 CN t C'4 a) C: Cf) M :3 C: 0 M � (Y) ST .2 0 0 0') C:0) (1) = -c- C: 0 1 .2 CN t C'4 a) C: Cf) M :3 C: 0 M (Y) 0 0 ST .2 0 0 0') C:0) (1) = -c- C: 0 1 .2 CN t C'4 a) C: Cf) M :3 C: 0 M (Y) 76 -i6 T T a) -0 a) -0 a) a) -0 uj G cu D� Lb 0 0 as LL mm 'E a 00 :3 E o E -Fu m .5 0 0 .2- N U) 0 - a) -0 0 a) E 0 E 2 A E o -E E o a) E 0 0 , o 0 E F- -0 -0 0 LL m a� U (B N N VJ O c cu U (B 70 (B O (B U O Q' U) cu U (B N N U) c O c (B AI A LO r r RP" PROPOSED ZONING BY-LAW AMENDMENT PROJET DE MODIFICATION DE L'ARRETE DE ZONAGE RE: 348 ROCKLAND ROAD AND 21 CANON OBJET: 348, CHEMIN ROCKLAND ET 21, STREET RUE CANON Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Ludlow Room, City Hall, on Monday, March 11, 2019 at 6:30 p.m., by: Rezoning parcels of land having an area of approximately 2,847 square metres, located at 348 Rockland Road and 21 Canon Street, also identified as PID Nos. 00025791 and 55086128, from Neighbourhood Community Facility (CFN) to General Commercial (CG), as illustrated below. REASON FOR CHANGE: To permit the operation of a banquet hall and event venue. Par les presentes, un avis public est donne par lequel Ie coned communal de The City of Saint John indique son intention d'etudier la modification suivante a l'Arrete de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle Ludlow, a Ph6tel de ville, le lundi, 11 mars 2019 a 18 h 30: Rezonage les parcelles de terrain d'une superfcie d'environ 2847 metres carres, situee au 348, cheminRockland et 10, rue Canon, et portant le NID 00025791 et 55086128, de zone d'installations communautaires (CFN) a zone commerciale generale (CG) comme le montre la carte ci dessous. RAISON DE LA MODIFICATION: Perniettre l'utilisation d'une Salle de banquet et d'un lieu de Nvenen,ent. 6§1&67 The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du developpement communautaire a 1'h6tel de ville situe au 15, Market Square, a Saint John, au Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a ]'attention du soussigne a 1'h6tel de ville. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658-2862 `P01 Ge I'lleral A1,901 GROWTH ie, 658-291111 Fc!m 632,619 1 9 cp clitt, on F0, rm 'AAII,:�NT SE,�RVICES , C, .. . ..... . . . . .................................................... . ........ . . ...... LOCAMONCIVIC'ADDRESS . . .. . ........ HERITAGE AREA Y i N I NTENWICAT,ON AREA. Y N FLOOD RUSK AREA Y IN APPROVED GRADII NG PLAN: Y N DATE RECEIVED LL AP PLICATI ON # Jon �RECEIVED BY� 1, APPLICANT EMAII, 0 MA I,NG X) DRESS POS r k, COD E CONTRACTOR MAII.INGADDRESS POSTAL COID E Q Q z; L) CL <CL MAI NG ADDRESS ROSTk CODE PRESE N I" USE PROPOSED USE BUILDING PLAWNG INFRASTRUCTURE HERITAGE CL CL [],paER,0R RENOVATIOhl F kdkTx C—o NsrRUC'9K,)N F]VAMANCE CD STREET EXCAVATION HEAL CAGE DEVELOPMENT EXTIERI'DR REINOVATION C] ACCESSORY BLDG Ej N ANll`JIlq(:'� Lf� I I ER 0 HERITAGE SIGN E ml DRIVEWAY CULVERT ADDI r o aL 0 PAC APPLPCATaON 0 DRAINAGE HERITAGE INP L] DEMOU'rOON G;Kc)UN(,L APP < C] HERITAGE DEMO WATER& SEWERAGE 1102 OTHER OTHER HW4GECI`USE� .. .... .... DARD', EICIMLIR IVIX.MUM s rAN DOTHER 54� 0 :z . ......... . . ..... . . . .............. .... . .......... 40- exinq . . . ... . .... . . .. ................. . . . . . .......... . . ...... ..... .......................... ... .. .... .. . ... ...... -j ro the l,,,iiy of Sa� ink,Iohn sen, dilii ngd too dr1le CQI'Tflrnemdal e"&Oiinoqik. inniessages, Frcv i�iinni li:¢ime. vo uli'lle&ves - Pegair6ii Ciity iinutiiatiives aind iiniceii 6enend f ohle, nou waffenwar N tw 1 0 1: 111 1 j j I", I I ON,) lo J,1,11i I f'Y1,1,�I,�,, l i; Mi'd, I "o VV o ", I ", "' "Ill 121 Connell Appila, an 4VA" low GROW H & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN CIVlC ItDDRE8$--% APiPI.ICATION E FEE PAID Y N TYPE OF APPLICATION Land for Pub4c Purposes Release Ser ice Fee $300 ❑ Section 39 Amendment Sorvice Fee $2.500 E] Non -Conforming U$e Service Fee $200 Ing By4aw Amendment Service Fm $2„500 Satisfactory Servicing Saha Fee. SM Zoning By-law Amendment with a Munlc[* F Un Amendment Service Fee: 53AN ENCUMBRANCES Describe any ease MM. rs$btGtKV oovenwo, and other encumbrarim armcd% the land. AU T M)RM r / On date of this Opp tion I the urtden#gned, am the re$istemsi owner of Rhe land d In d n or the As of authorized egeitt thereof and i have enarrtined the oontertts of this applio sn 1irr 01j that applicatio the epption is coned Insofar knowledge of these fadsf and utltorrze tha a the Information Bubml ppilt to repsent tlds matter and I hereby a toprovWe any, additlanai n �wpt be r/"eoesy Wr t )is Al�>'� >'Jar 'i�„,,F,�r%�rV`�)v�Y�;� a�✓du�WiV��JI�il�rl��wi�'f��/� r,��rd)Ir�,u6,�J`) i er ! � rlr,, � !r , ��r r��,,.✓� Adm � owner / > ° � , , � /„ l� �' ��” rj r ✓rrr �/ ,r6 0/ /IJJr �J� ,LV»ui�,H,,%fly, ilr,�,V�>�9� i,✓•�� I�� „%J, r/H��l,gl�. �'„pi,, ., il� ,° iii l/f rl rd 1/ii�r � ;. i/ i� "�” '' �. �u,rl,)Alv/��:�a'l�� „ , � ,' „- , „!/, ,iu,r:. r ��Fr �/F;{{/ ✓T 41 � ,. t,+,,l,. f J) a II4P'.! fr"i, r �✓r,../If /rr/ ,.y> /r /.,PG / //..,� ,y � / l �' Hr/� f/U a.. r i f v er , L� ;'�f� U» �/.,:.,��r y ��>' r(y�, ' , �' �. �. >�� r�. �� 1�1� / / � ✓ 7tie � omttaart�d err #itis exp! reports and siud pro4idt3d 8rl drawin f les, i r'v rf r ,: „,/„ „u ,,,,L..�,,hrrrinvw , iigc „N.u.„ar„H ��,,,�Mr, v;aa;>99✓°u�mbi� W�'Y rA ,YrJu„p('rvmmu,,f4..;�r tl, .' j�� i„"r �'? ��J1��/i !)6 JJi//� /'i Oirrr r/,. / / BrippfiRofih� wIN7Y'Y� f' % id f/ MY % /! rf / pa�v !�/ �° �;uj;; AOOi MD iq /pp i I � 1 `' „'!` rr , , !! , l/ ! l"'� �/�rr'� �l+�,u7 I Jar "�f ur,)` �� ii I ;, , '. ' ;.. I �(N�� . Y;' 'r� � �6dY� �?' ��a�;1. rr'lfu�l"f 4"e. �. f / / / :! iR ✓ /, <,! ( r /r " I ✓ y� "!r'J(�,��rJ�"'�7� �4� I '� ,�� / i� %�;n!�� r� �I��>�'%A � r�i�r�dr�l� 1 �ay1 d..� 8 elhvelqonjal It S1,100 .................................... ..._....•. ,._•,.,,..,•,.•..,....•..•................................................................................................ CIVICADDRESS...........................__...._...................................................................................................................�i.....APPLICATION # _. FEE PAID ....... y .........� TYPE OF APPLICATION I....and for Public Purposes eVease Service IFee, 5300 Section 39 Amendment Servk;e Il:::ei S2,So10 Norn•-Confon-riing II..JI:se Se r if,;e Fee. ;`m200 II f�"" hwuiiru�r.) h',��-Irwrv+� ��,rr'arrnr��Ir'ul!^r'n'I Servi,(:.ie I-ee S2 50(,1 Satisfactr::rry IE:iae�ri�r,iirog Sii Fee S2100 0 EjZonirorU By --taw Arner°idment vwith Ott MuriicopA Rain Amendment Sennce'Fee SNI DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Munlcijpal Han designat.ir)n buiiiing u r rpu.uested Attach site plans, building elevations, floor plans,, and other documentation to fully describe the applic.ati.m. ft'uw;n ;sublrriissiaaro of a preliminary proposal and a Pre -Application Meets°ing is encouraged prior to seeking approval. IMease i,. intact tt-ie erre-Stir.,rp Development Shop at (506) 6W2911 for further iinformatiion. ENCUMBRANCES Describe any easements„ restrictive covenants, and other encumbrances affect ng the land AUTHORIZATION As of the date of this application, N 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 th s applicatuon and hereby certify that the information submitted with the application is correct insofar as I have know edge of these facts. and l hereby authorize the app;icant to represent this matter and to provide any additional ;nforrnation that wri l be necessary for this applrcat aru,,.. Registered Owner or Authorized Anent Additional leg`=stered Owner Date Bate rhe information contained in thus application and any documentation including plans, drawings, reports, and stud es provided in support of this application will become part of the public record `10493 Hello again, We are looking to purchase The Holy Trinity Church located at 370 Rockland Road, Saint John NB. We recently, just this year, purchased The Cornerstone Baptist Church located at 42 Leinster Street in Saint John and have renovated it into a wedding and events venue and we are beyond successful with so many bookings all through the year. As of right now we have The Cornerstone booked out every Saturday from June until the end of October in 2019 for weddings and also some Friday nights and Sundays as well are booked for weddings. We also have many corporate events booked throughout the rest of the year on weekends and also during the week. On top of weddings and corporate events we also have art shows, music concerts and even comedy shows booked here as well. Way more than we could have ever imagined this place to turn out to be. We are so thrilled. So, we now are in need of more space. We have been looking at different properties in our area for storage for some time now. We are presently paying for storage units to store our tables, chairs and decor as there is not enough room at The Cornerstone. We also need a place to maintain the thousands of linens we have. We came across the Holy Trinity Church. It not only can be another amazing venue for us to have and renovate to hold all of our weddings and events, but it also has a full finished basement to store our tables, chairs and linens. It is perfect for us and would be an amazing asset to our business. Since owning the Cornerstone, we have had to refuse clients for dates that they were requesting as we already have the venue booked. We now could offer them our second location. Cornerstone 2.0! On top of the beautiful church that we would use for our venue and the full finished basement for storage and laundry, this new location come with a small home! The old rectory! This would be amazing for us to live there. Right now, we are living in the old kid's school room on the second floor of The Cornerstone with paintings of Jonah and the whale and Noah's ark all over the place. We would love a place to call home. The rectory has beautiful hardwood floor and lots of bedrooms and washrooms and even a kitchen and laundry facilities for our own personal use. I have a rendering design being done and have told just a handful of people and so far 1 have 8 brides who would like to rent out our new space and are wanting to give me a down payment to save their date for them. I know once the rendering is complete and I put this on Social media it will explode, and we will be overwhelmed with pre -bookings just like we did with the Cornerstone. Thank you for taking the time to review my application and look forward to working with all of you to hopefully make this happen for me. ` &I >- 4-4 M L- 00 CL LU Ja 34-0j 0 4-J M E LY 0 0 rl- co N rn N A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN AiRRETE MODIFIANT UARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: decrete ce qui suit : 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 two parcels of land having a combined area of approximately 2,847 square metres, located at 348 Rockland Road and 21 Canon Street, also identified as PID Nos. 00025791 and 55086128 from from Neighbourhood Community Facility (CFN) to General Commercial (CG) L'arrete de zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: 1 La modification de ('annexe A, Carte de zonage de The City of Saint John, permettant de modifier ]a designation pour une parcelIe de terrain d'une superficie d'environ 2 847 metres came, situee a 348, Chemin Rockland et 21 rue Canon et portant le NIDs 00025791 and 55086128, de zone d'installations communautaires (CFN) a zone commerciale generale (CG) - all as shown on the plan attached hereto - toutes les modifications sont indiquees sur and forming part of this by-law. le plan ci joint et font partie du present arrete. 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: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le * 2019, avec les signatures suivantes : -.��,�,m.��, ,�._............................. __... Maor My /Maire Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture I i00 k (010 E 70 0 • N 70 T m CU LO CL I I N .w" ✓i//��/li j %/%ri ' i,,f �f f�/i � �, 4 `Mrd,, r �/ r�j/ r � f/ %rm , ra , a Ol/ r it /ri �1 � r ' � u �j j% /ij/i/G/i%� �flr� /a //�✓ra� 4 W r r r i �g� r f PIP / r �wi r'Y�nfi/, 1 A �u�ir mwr�fwa ina Yu Lwin V� G, o Ir/ Nrym�r fir, rr Iaa " S�II� if UJ it y r i „rr✓iwm �� '(V� �I f� yhur ow, LUS V i �UNj AP .. i I'P'wJf Up V�; V' l4 U �' �" w4u e" go fjor, // Gi ANN '// / j W, P,j raj / li /i/ llr, X11 Al , die GAS ' �/ol� �� /j I/ 0,/( I� ��"'.., MY rl,ri � r/ i f i / G p M I I I I .m 0 2 I M, A N r -I .. ............. 04 ■ O N cn cn 0 W O ca O V U a a 1)LANNING ADVISORYI"'F February 22, 2019 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Municipal Plan Amendment, Rezoning and Section 59/131 Amendment 179-185 Golden Grove Road The City of Saint John. On January 28, 2019 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 20, 2019 meeting. Mr. Scott Trites and Ms. Jocelyn Adams, the applicants appeared before the Committee and indicated they were in agreement with the staff recommendation. The applicants noted they have operated the existing vehicle body and paint facility adjacent to the site since 2009 and currently employ 13 staff and the expansion, if approved, will result in the hiring of 10 to 15 additional staff. Committee members questioned the range of permitted land uses in the proposed Special Zone 4, with the applicants noting they were just requesting a vehicle body and paint shop. Staff responded that current practice is to provide for a range of appropriate land uses, based on the surrounding community context and appropriate zoning. This provides for a range of appropriate land uses allowing for the reuse of the site in the future, without the need for additional planning approvals. The applicants noted that some vehicles were temporarily being stored off site and that the larger facility, if approved, would provide more on-site parking for vehicles undergoing work at the facility at the rear of the new building. Committee members discussed the permitted uses within the proposed Special Zone, noting they did not have an issue with the proposed new vehicle body and paint shop given the existing shop adjacent to the site. The Committee proposed Page 1 of 5 149 Scott's Auto Body & Collision 179-185 Golden Grove Road February 22, 2019 a revision to the list of permitted uses in Special Zone 4 with the elimination of the following uses: car wash, light equipment sales and rental, large recreational vehicle sales and service, recycling bins, redemption centre, vehicle rental and vehicle sales and leasing. 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 an amended the staff recommendation regarding the application with the amendment being the elimination of some of the permitted uses in the proposed Special Zone 4. RECOMMENDATION: That Common Council redesignate, on Schedule A of the Municipal Development Plan, parcels of land with an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Nos. 55057848, 55057855 and 55201750, from Stable Area to Employment Area. 2. That Common Council redesignate, on Schedule B of the Municipal Development Plan, parcels of land with an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Nos. 55057848, 55057855 and 55201750, from Stable Residential to Stable Commercial. 3. That Common Council amend The City of Saint John Zoning By-law by: a. Adding the following to the list of Other zones in Section 2.2: "Special Zone No. 4 SZ -4" b. Adding the following as Section 14.9: "14.9 Special Zone No. 4 (SZ -4) 14.9(1) Permitted Uses Any land, building, or structure may be used for the purposes of, and for no other purpose than, the following, which may include outdoor storage as an accessory or secondary use, subject to paragraph 14.9(2)(a): Accommodation; Auction House; Bakery; Page 2 of 5 150 Scott's Auto Body & Collision 179-185 Golden Grove Road February 22, 2019 • Banquet Hall; • Business Office, subject to paragraph 14.9(2)(b); • Business Support Service; • Catering Service; • Commercial Entertainment; • Commercial Group; • Communication Facility; • Contractor Services, Household; • Day Care Centre; • Emergency Services Facility; • Financial Service; • Fleet Service; • Funeral Service; • Grocery Store; • Health and Fitness Facility; • Health Services Laboratory; • Medical Clinic; • Personal Service; • Pet Grooming; • Recreational Vehicle Sales and Service, Small; • Restaurant; • Retail General; • Sales Centre, Model Home; • Self -Storage Facility; • Service and Repair, Household; • Technical or Vocational School; • Transit Terminal; • Vehicle Body and Paint Shop; • Veterinary Clinic. 14.9(2) Conditions of Use (a) Outdoor Storage as an accessory or secondary use to a main use permitted in subsection 14.9(1) shall be subject to the following: (i) The yard shall not occupy any required front or flankage yard or any area required for parking; (ii) The yard shall be completely enclosed by a solid board -on -board fence or a chain-link fence entirely covered by filler strips woven into the mesh or a walled structure or a berm, or any combination thereof, having a minimum height of 2 metres and Page 3 of 5 151 Scott's Auto Body & Collision 179-185 Golden Grove Road February 22, 2019 including any gate constructed in the same manner and height as the enclosure; (iii) Notwithstanding the above, the yard may instead be screened in accordance with paragraph 6.1(k), or by any combination of permitted structures, berms and landscaping; and (iv) When the yard is developed within 15 metres of an abutting lot in a Residential zone, the yard shall also be in accordance with section 5.5. (b) A Business Office permitted in subsection 14.9(1) shall not exceed 3,000 square metres in gross floor area. 14.9(3) Zone Standards Standards for development in Special Zone 4 shall be as set out in subsection 11.5(4), and Parts 4 to 9 where this zone shall be considered a Corridor Commercial (CC) zone. 4. That Common Council rezone parcels of land with an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Nos. 55057848, 55057855 and 55201750, from Two -Unit Residential (R2) to Special Zone 4 (SZ -4). 5. That Common Council rescind the Section 39 conditions imposed on the November 8, 1976 rezoning of the property and located at 185 Golden Grove Road, also identified as PID No. 55201750, and modified February 15, 1979 and June 11, 1984. 6.. That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19) the following conditions upon the development and use of the parcels of land having a combined area of approximately 0.55 hectares, located at located at 179- 185 Golden Grove Road, also identified as PID Nos. 55057848, 55057855 and 55201750: a) All areas of the site not occupied by buildings, driveways, walkways, parking, storage or loading areas must be landscaped by the developer, in accordance with a detailed landscaping plan, subject to the approval of the Development Officer prior to the issuance of a Building Permit. This landscaping plan is to be prepared by the developer or their consultant and submitted for approval with the Building Permit application. Page 4 of 5 152 Scott's Auto Body & Collision 179-185 Golden Grove Road February 22, 2019 b) The building elevations be submitted to the Development Officer for review and approval prior to issuance of a Building Permit. C) A plan showing access to the site and adjacent facility must be prepared by the developer and submitted to Infrastructure Development and the Development Officer for approval prior to issuance of a Building Permit. 7. That Common Council discharge all covenants and conditions of the agreement, made pursuant to the provisions of Section 101 of the Community Planning Act in effect at that time between Douglas and Gloria Mitton as developer, and the City of Saint John, dated March 19, 1997 respecting the property located at 185 Golden Grove Road, also identified as PID No. 55201750. Respectfully submitted, 'e Eric Falkjar Chair Attachments Page 5 of 5 153 The City of Saint. John Date: To: From: For: SUBJECT Applicant: Owner: Location: .s Existing Plan Designation Proposed Plan Designation February 15, 2019 Planning Advisory Committee Growth & Community Planning Growth & Community Development Services Meeting of Wednesday, February 20, 2019 Scott's Auto Body & Collision Ltd. Douglas E. and Gloria M. Mitton 179-185 Golden Grove Road 55201750, 55057855 and 55087848 Stable Residential Stable Commercial Existing Zoning: Two -Unit Residential (R2) Proposed Zoning: Special Zone 4 (SZ -4) Application Type: Municipal Plan Amendment and Rezoning, Section 59 Amendment and discharge of the conditions of an existing Section 131 Agreement Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and Zoning By-law and proposed amendments to Section 59 conditions. The Committee Page 1 of 13 154 Scott's Auto Body & Collision Ltd. 179-185 Golden Grove Road February 15, 2019 recommendation will be considered by Common Council at a public hearing on Monday, March 11, 2019. SUMMARY The applicant has applied to amend the Municipal Plan Designation of the site and rezone the site to allow for the construction of a vehicle body and paint shop to be used in conjunction with an existing facility located to the east of the subject site. Approval of the application is recommended with Section 59 conditions relating to access, landscaping and Development Officer approval of the proposed building elevations. RECOMMENDATION That Common Council redesignate, on Schedule A of the Municipal Development Plan, parcels of land with an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Nos. 55057848, 55057855 and 55201750, from Stable Area to Employment Area. 2. That Common Council redesignate, on Schedule B of the Municipal Development Plan, parcels of land with an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Nos. 55057848, 55057855 and 55201750, from Stable Residential to Stable Commercial. 3. That Common Council amend The City of Saint John Zoning By-law by: a. Adding the following to the list of Other zones in Section 2.2: "Special Zone No. 4 SZ -4" b. Adding the following as Section 14.9: "14.9 Special Zone No. 4 (SZ -4) 14.9(1) Permitted Uses Any land, building, or structure may be used for the purposes of, and for no other purpose than, the following, which may include outdoor storage as an accessory or secondary use, subject to paragraph 14.9(2)(a): • Accommodation; • Auction House; • Bakery; • Banquet Hall; • Business Office, subject to paragraph 14.9(2)(b); Page 2 of 13 155 Scott's Auto Body & Collision Ltd. 179-185 Golden Grove Road February 15, 2019 • Business Support Service; • Car Wash; • Catering Service; • Commercial Entertainment; • Commercial Group; • Communication Facility; • Contractor Services, Household; • Day Care Centre; • Emergency Services Facility; • Equipment Sales and Rental, Light; • Financial Service; • Fleet Service; • Funeral Service; • Grocery Store; • Health and Fitness Facility; • Health Services Laboratory; • Medical Clinic; • Personal Service; • Pet Grooming; • Recreational Vehicle Sales and Service, Large; • Recreational Vehicle Sales and Service, Small; • Recycling Bins; • Redemption Centre, subject to paragraph 14.9(2)(c); • Restaurant; • Retail General; • Sales Centre, Model Home; • Self -Storage Facility; • Service and Repair, Household; • Technical or Vocational School; • Transit Terminal; • Vehicle Body and Paint Shop; • Vehicle Rental; • Vehicle Sales and Leasing; • Veterinary Clinic. 14.9(2) Conditions of Use (a) Outdoor Storage as an accessory or secondary use to a main use permitted in subsection 14.9(1) shall be subject to the following: (i) The yard shall not occupy any required front or flankage yard or any area required for parking; Page 3 of 13 156 Scott's Auto Body & Collision Ltd. 179-185 Golden Grove Road February 15, 2019 (ii) The yard shall be completely enclosed by a solid board -on -board fence or a chain-link fence entirely covered by filler strips woven into the mesh or a walled structure or a berm, or any combination thereof, having a minimum height of 2 metres and including any gate constructed in the same manner and height as the enclosure; (iii) Notwithstanding the above, the yard may instead be screened in accordance with paragraph 6.1(k), or by any combination of permitted structures, berms and landscaping; and (iv) When the yard is developed within 15 metres of an abutting lot in a Residential zone, the yard shall also be in accordance with section 5.5. (b) A Business Office permitted in subsection 14.9(1) shall not exceed 3,000 square metres in gross floor area. (c) A Redemption Centre permitted in subsection 14.9(1) shall be wholly contained within a building and not have any outdoor storage. 14.9(3)Zone Standards Standards for development in Special Zone 4 shall be as set out in subsection 11.5(4), and Parts 4 to 9 where this zone shall be considered a Corridor Commercial (CC) zone. 4. That Common Council rezone parcels of land with an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Nos. 55057848, 55057855 and 55201750, from Two -Unit Residential (R2) to Special Zone 4 (SZ -4). 5. That Common Council rescind the Section 39 conditions imposed on the November 8, 1976 rezoning of the property and located at 185 Golden Grove Road, also identified as PID No. 55201750, and modified February 15, 1979 and June 11, 1984. 6.. That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19) the following conditions upon the development and use of the parcels of land having a combined area of approximately 0.55 hectares, located at located at 179-185 Golden Grove Road, also identified as PID Nos. 55057848, 55057855 and 55201750: a) All areas of the site not occupied by buildings, driveways, walkways, parking, storage or loading areas must be landscaped by the developer, in accordance with a detailed landscaping plan, subject to the approval of the Development Officer prior to the issuance of a Building Permit. This landscaping plan is to be prepared by the developer or their consultant and submitted for approval with the Building Permit application. Page 4 of 13 157 Scott's Auto Body & Collision Ltd. 179-185 Golden Grove Road February 15, 2019 b) The building elevations be submitted to the Development Officer for review and approval prior to issuance of a Building Permit. c) A plan showing access to the site and adjacent facility must be prepared by the developer and submitted to Infrastructure Development and the Development Officer for approval prior to issuance of a Building Permit. 7. That Common Council discharge all covenants and conditions of the agreement, made pursuant to the provisions of Section 101 of the Community Planning Act in effect at that time between Douglas and Gloria Mitton as developer, and the City of Saint John, dated March 19, 1997 respecting the property located at 185 Golden Grove Road, also identified as PID No. 55201750. DECISION HISTORY On November 8 1976, Common Council amended the Municipal Plan and rezoned the entire property at 185-187 Golden Grove Road (PIDs 55201750 and 55201768) from "RS -2" One and Two Family Suburban Residential to "I-1" Light Industrial to permit the operation of a vehicle body and paint shop. The rezoning was subject to Section 39 conditions relating to the operation of the shop and the development of the site. Common Council approved a Section 39 amendment to permit an expansion of the vehicle body and paint shop on February 18, 1979. In January of 1981, Common Council amended the Municipal Plan designation and zoning for the property at 185 Golden Grove Road (PID 55201750) from Light Industrial back to Low Density Residential and from "I-1" Light Industrial to "RS -2" One and Two Family Suburban Residential in order to permit an addition to the existing dwelling at 185 Golden Grove Road. From a review of the file and associated Council Resolution, it appears the Section 39 conditions imposed in 1976 were never rescinded on the portion of the property rezoned to residential in 1981. In June of 1984, Common Council amended the Section 39 conditions to permit a three square metre fascia sign to be placed on the vehicle body and paint shop at 187 Golden Grove Road and advised the previous owner to remove an existing freestanding sign from the property. On November 21, 1995, the Planning Advisory Committee granted a variance to increase the total maximum ground floor area for accessory buildings from 108 square metres to approximately 143 square metres to permit the existing five -bay garage to remain on the subject site at 185 Golden Grove Road. At the meeting of July 23, 1996, the Committee recommended that Council authorize the execution of a Section 101 Agreement requiring that the five -bay garage be used only in conjunction with the residential use of the property. This agreement was executed and registered on March 26, 1997 as a condition of the Planning Advisory Committee's approval of a variance for the garage. On May 20, 2009, the Planning Advisory Committee approved an amended subdivision plan that allowed for the sale of the vehicle body and paint shop at 187 Golden Grove Road which Page 5 of 13 158 Scott's Auto Body & Collision Ltd. 179-185 Golden Grove Road February 15, 2019 was zoned 1-1" Light Industrial under the former Zoning By-law, and ownership of the adjacent residential dwelling at 185 Golden Grove Road to be maintained by the current owner. However, the Committee and Common Council denied the applicant's request for a Municipal Plan amendment and rezoning, which were made in effort to include the five -bay garage that is located on the property at Civic 185 Golden Grove Road as part of the sale of the vehicle body and paint shop. A fence separating the two properties to ensure that the garage would not be used as a part of the operations of the vehicle body and paint shop was added as a condition by the Committee to the approval of the subdivision of the property. In December 7, 2009 Common amended the Section 39 conditions relating to the existing vehicle body and paint shop at 187 Golden Grove Road (PID 55201768) to permit the construction of an addition to the facility. ANALYSIS Proposal The applicant is proposing to develop a new vehicle body and paint shop on three parcels of land (PIDs 55201750, 55057855 and 55087848) located immediately west of the existing vehicle body and paint shop at the 187 Golden Grove Road (PID 55201768). The new facility will be used in conjunction with the existing facility and will be approximately 1330 square metres in floor area and with an outdoor area to the rear of the building for the storage of vehicles undergoing repair. Access to Golden Grove Road would be from a shared driveway with the existing facility. Site and Neighbourhood The subject site is located on the north side of Golden Grove Road west of the intersection with Roxbury Drive and Westmorland Road and has an area of approximately 0.55 hectares. It currently contains a 3 -unit dwelling (converted dwelling) and two accessory buildings in the eastern portion of the property with the western two-thirds of the site being largely open space. The site is currently zoned Two -Unit Residential (R2). The surrounding area contains a mix of Mid -Rise Residential (RM) and Two -Unit Residential (R2) zoning. Municipal Plan and Rezoning Municipal Plan The amendment to the Municipal Plan that has been requested by the applicant seeks the following changes to allow for the construction of a vehicle body and paint shop: redesignate the 0.55 hectare site (PIDs 55201750, 55057855 and 55087848) from Stable Area to Employment Area on Schedule A — City Structure of the Municipal Plan and Page 6 of 13 159 Scott's Auto Body & Collision Ltd. 179-185 Golden Grove Road February 15, 2019 redesignate the site from Stable Residential to Stable Commercial on Schedule B — Future Land Use of the Municipal Plan. With respect to Schedule B of the Municipal Plan, areas designated as Stable Residential are existing neighbourhoods which are generally built -out and not anticipated to receive major change over the horizon of the plan. Within these areas, commercial development is envisioned at a limited scale, focused on the day-to-day needs of surrounding residents and households. Stable Commercial areas are lands which contain a mix of existing neighbourhood commercial areas that are generally built out but have the potential for greater mixed-use development during the planning period. In assessing the Municipal Plan Amendment there are two key policies that must be considered: • Policy LU -4 of the Municipal Plan which provides criteria to assess a requested change in the Municipal Plan designation. • Policy LU -70 of the Plan which provides criteria for significant new development and redevelopment in Stable Commercial areas requiring a rezoning process. An evaluation of this application against these policies is provided below: Page 7 of 13 160 The proposal represents an expansion and intensification of an existing use that was The proposal is consistent with the general recognized through an exception in the intent of the Municipal Plan and further Zoning By-law. Staff note that while the advances the City Structure. change from Residential to Commercial could be seen as a major departure, the existing vehicle body shop is a long standing use that has operated for some time without complaints from adjacent residents. The use of a vehicle body and paint shop is only permitted in limited areas of the City (lands zoned Commercial Corridor and The proposal is necessary by virtue of a lack of Medium Industrial (IM)). In this particular supply of quality land already designated in the case, the new facility will be used in Municipal Plan to accommodate the conjunction with the existing facility situated development and does not detract from the adjacent to the site and represents an City's intention to direct the majority of new expansion to an existing operation. commercial development to the Primary Although not specifically located on a Centres, Regional Retail Centres, Business designated corridor, Golden Grove Road is Centres, Commercial Corridors, Local Centres, identified as a collector street in the and Mixed Use Centres. Municipal Plan and given its role as a collector street, a level of commercial development is considered appropriate along this road. Page 7 of 13 160 Scott's Auto Body & Collision Ltd. 179-185 Golden Grove Road February 15, 2019 In this particular case, the application essentially seeks the expansion of a legally permitted use further into an established residential area. Staff note from a review of enforcement complaints, no issues have been identified with the existing vehicle paint and body shop operation and note that on the more recent planning approvals no issues of concern were identified from area residents through the planning process. This provides an indication of the impact or apparent lack thereof, of the operation of the facility on the surrounding neighbourhood. Largely, the amendment involves a change in designation to allow for the expansion of an existing commercial business from Stable Residential to Stable Commercial, both of which have some potential for future development and redevelopment over the horizon of the Plan. Impacts on the adjacent neighbourhood will be minimized through a defined set of specific land uses within the proposed Special Zone and Section 59 conditions which address site design features Page 8 of 13 161 Water and sanitary sewer servicing is The proposal efficiently uses available available. An engineered storm water infrastructure. submission, plan and design report will be required prior to issuance of a building permit. While the proposed use could be considered an intensive commercial use, Staff are proposing the scope of future commercial The proposal does not negatively impact the uses be limited through the permitted uses of use and enjoyment of adjacent lands and the proposed Special Zone along with neighbourhoods. Section 59 conditions relating to site development standards such as landscaping and building design. The proponent will be required by applicable Provincial legislation to procuring all necessary environmental approvals relating The proposal adequately addresses and to items such as air quality, and water course mitigates any significant environmental impacts. alteration. The application was circulated to the Provincial Department of Environment and Local Government and no issues have been identified. Site design features that address such matters as safe access, buffering and landscaping, site Section 59 conditions are proposed related to grading and stormwater management are landscaping, site design and building design. incorporated. A high quality exterior building design is provided that is consistent with the Urban Section 59 conditions are proposed related to Design Principles in the Municipal Plan. landscaping, site design and building design. In this particular case, the application essentially seeks the expansion of a legally permitted use further into an established residential area. Staff note from a review of enforcement complaints, no issues have been identified with the existing vehicle paint and body shop operation and note that on the more recent planning approvals no issues of concern were identified from area residents through the planning process. This provides an indication of the impact or apparent lack thereof, of the operation of the facility on the surrounding neighbourhood. Largely, the amendment involves a change in designation to allow for the expansion of an existing commercial business from Stable Residential to Stable Commercial, both of which have some potential for future development and redevelopment over the horizon of the Plan. Impacts on the adjacent neighbourhood will be minimized through a defined set of specific land uses within the proposed Special Zone and Section 59 conditions which address site design features Page 8 of 13 161 Scott's Auto Body & Collision Ltd. 179-185 Golden Grove Road February 15, 2019 such as landscaping and building design. Based on the above assessment, the proposal conforms to the criteria outlined in both Policy LU -4 and LU 70 of the Municipal Plan. Zoning The property is currently zoned Two -Unit Residential (R2) which does not permit a vehicle body and paint shop. The existing facility located east of the subject site was recognized as an exception during the preparation and adoption of the current zoning by-law which gives it legal standing from a land use perspective and allows for its expansion on the parcel of land it currently occupies. However, this does not provide for the expansion of the use to adjacent parcels of land. A Vehicle Body and Paint Shop is a permitted use in three zones of the City's Zoning By -Law, the Corridor Commercial (CC), Light Industrial (IL) and Medium Industrial (IM) zones. Within the Corridor Commercial (CC) zone, the use is subject to the additional restriction that such a facility cannot be located adjacent to a residentially zoned lot. Given that the lands to the east, west and north are residentially zoned, the standards of the Corridor Commercial (CC) zone with respect to separation from residential uses cannot be met. This would require a rezoning to an industrial zone or a special, site specific zone that provides for a Vehicle Body and Paint Shop, and does not have the restriction related to the adjacency to a residential zone. To accommodate the applicant's proposal, staff are recommending the site of the proposed new facility be rezoned to a special zone that would be based on the standards of the Corridor Commercial (CC) zone and provide for the Vehicle Body and Paint Shop to be located adjacent to a residentially zoned parcel. While this restriction does not exist with the two industrial zones, the intensity, type and scale of other permitted uses within the Light Industrial (IL) and Medium Industrial (IM) zones present additional compatibility uses with a residential area. The proposed Special Zone would also provide for other appropriate commercial uses given the community context and employ the Corridor Commercial zoning standards (setbacks, landscaping, and parking requirements). Permitted uses in the Corridor Commercial (CC) zone were reviewed based on their potential to result in minimal impacts on the surrounding neighbourhood while offering additional development potential for the site allowing for its potential reuse. Specifically, the following uses have been eliminated from the list of permitted uses on the site because these have the greatest potential to impact adjacent residential lands through noise, larger volumes of truck traffic or outdoor storage: • Animal Shelter • Bar, Lounge or Nightclub • Distribution Facility • Kennel • Private Club • Retail Warehouse • Service Station • Vehicle Repair Garage Page 9 of 13 162 Scott's Auto Body & Collision Ltd. 179-185 Golden Grove Road February 15, 2019 • Landscape Material Supply Warehouse Facility • Moving Services In addition to the rezoning there are existing Section 59 conditions and a Section 131 (formerly Section 101) agreement that affect the easternmost parcel to be rezoned (PID 55201750) which contains the existing dwelling and residential garages. This parcel was originally part of the parcel where the existing vehicle paint and body shop is located but was rezoned and subdivided from the parent parcel in 1981 and 2009 respectively. The Section 59 conditions which relate to the operation of the existing facility were never rescinded from the 1981 rezoning. These conditions relate to outdoor storage and signage. Staff recommend the conditions pertaining to PID 55201750 be rescinded, for the new facility to be subject to the current provisions of the Zoning By-law. Staff are also recommending the Section 131 (formerly Section 101) agreement that affects PID 55201750 be discharged. This agreement was entered into with the property owner relates to the five -bay garage in the rear portion of the property requiring that it only be used in conjunction with the existing dwelling on the property , as an accessory building to the dwelling. Staff have reviewed the site plan provided with the application and finds that it generally meets the requirements of the Zoning By -Law and the proposed standards of the special zone. Refinements to the site plan will be required, through the addition of more detail to demonstrate compliance with other By-law requirements including paving of all outdoor storage and parking areas. Important considerations in the final site design to be submitted with the building permit application will be landscaping and buffering along the western and northern boundaries of the site. Staff note that site overlooking from adjacent parcels may be an issue. As a result, the final site design and associated landscaping must demonstrate how these views will be buffered, which may include berming and retention of existing treed reas Staff propose three conditions, which will require Development Officer approval prior to obtained a building permit: (1) that details of site landscaping required be provided in a landscape plan and as part of that plan not occupied by buildings parking or driveways be landscaped, (2) review of the elevations of the proposed building, and (3) a review of the site access. Staff note a gravel parking area is shown on the plans submitted with the application and that the surfacing of the parking in the rear area of the site, and any associated variances, will be an item reviewed at the detailed design stage through the required stormwater management plan given the lack of municipal storm sewer on this section of Golden Grove Road. Conclusion The proposal meets the intent of the Municipal Plan and Zoning By-law, given the reasons outlined in the preceding sections of this report. Approval of the application is recommended subject to Section 59 conditions relating to preparation of building, site and landscaping plans, defined permitted uses for the site and provision of bicycle parking. Page 10 of 13 163 Scott's Auto Body & Collision Ltd. 179-185 Golden Grove Road February 15, 2019 ALTERNATIVES AND OTHER CONSIDERATIONS Alternatives None. Other Considerations As part of the 2016-2022 term of Common Council, four key priorities have been identified: 1. Growth & Prosperity; 2. Vibrant and Safe City; 3. Valued Service Delivery; and 4. Fiscal Responsibility. These priorities, although not Planning Policies, are goals for Common Council. This application would help fulfill Council's priority of Growth & Prosperity by supporting the retention of businesses that create job opportunities. ENGAGEMENT Proponent The proponent has indicated they have informed area landowners and residents of the proposal. Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on February 8, 2019. The public presentation for the Municipal Plan amendment was advertised on the City's website beginning on December 7, 2018 with the public hearing advertised on the City's website beginning on February 12, 2019. SIGNATURES AND CONTACT Prepared by: YJ d Mark Reade, P.Eng., MCIP, RPP Senior Planner Approved by: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner iM-111 Page 11 of 13 Scott's Auto Body & Collision Ltd. 179-185 Golden Grove Road February 15, 2019 Contact: Mark Reade Phone: (506) 721-0736 E-mail: mark.reade@saintjohn.ca Project: 18-182 Page 12 of 13 165 Scott's Auto Body & Collision Ltd. 179-185 Golden Grove Road February 15, 2019 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 4A: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2: Photos of Similar Facility Page 13 of 13 166 Ullilmll, c ? 03 a) Cc/)so 4- E co 23 CD LO a) a) a) m Ems 0 Ullilmll, MI. 0 LO m Ems 0 CIS 0.0 T 0 ca cl) 0 0 MI. 00 t 71 0 t m MI. v o LO 00 C7 L E 0 ca f r " 05 :D D / rr LL � 2 G (} k ! G r �y00 0 V fig, Y' V +�� 00a) P�� 0.Y ✓ ffiw 0 100 m i-m—m 00 j.. I III I Vqes v o LO 00 C7 L E 0 ca f r " 05 :D D / rr LL � :y ? EmE oar $ LL m E / _ e e U � e 6 �M � MI. co c O L co N�O/ I..1. 0 / V C N O 0 E O 4-- U) 0 a� r F. a) MI. l j w ' i ii/ //%/r rii% /i% /ilii/ ✓ `' �l/r/r /i „ '✓ ^'�'' ',";: �4iii d'Jf. i'' �: Iflfll/IITIIIJJlOAP r / oeg ��.. BUILDING �W r/ r/ // P�� , /'Or / Y rr rrWF' „vrtrtrr yl r Uj v, � Cl: VAN / m //1wr ilii/� frt�r/r///r✓ � / y rp �p, `"""�' '- it/t j%�;/ �i%' o , ;.., p� , _ f/ AID r�,.�� /f �/ , bio%1 �/ /i �'� CTY OD OF Jim / ji of / / �i�� // ri, p All" OP /i ri/ /��„ I �� /i /. ///!/ // / i• , /f /Ira V11 NINE ri; �„ ✓ /l/j ; �� ub7 „�. � .. .�1. r „ Li �/ 6 /md /ilii 'Oil/ ;, �x / 7 Photos of Similar Facility `rc1 `viol PROPOSED MUNICIPAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT. SECTION 59 AMENDMENT AND SECTION 101 AMENDMENT RE: 179-185 GOLDEN GROVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and The City of Saint John Zoning By-law at its regular meeting to be held in the Ludlow Room on Monday, March 11, 2019 at 6:30 p.m., by: Redesignate on Schedule A of the Municipal Development Plan, parcels of land with an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Nos. 55057848, 55057855 and 55201750, from Stable Area to Employment Area as illustrated below; PROJET DE MODIFICATION DU PLAN MUNICIPAL, L' TE DE ZONAGE, L'ARTICLE 59 ET L'ARTICLE 101 OBJET: 179-185, CHEMIN GOLDEN GROVE Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'amdnagement municipal et Parretti de zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle Ludlow le lundi 11 mars 2019 a 18 h 30, en apportant les modifications suivantes : 1. Modifier la designation, a 1'annexe A du plan municipal, des parcelles de terrain d'une superficie d'environ 0.55 hectares, situ6e au 179-185, chemin Golden Grove, et portant les NID 55057848, 55057855 et 55201750, afin de la faire passer de secteur stable a secteur de d'emploi, comme it est indique ci-dessous; 2. Redesignate, on Schedule B of the Plan, 2. Modifier la designation, a ('annexe B du the same parcels of land, from Stable plan municipal, des parcelles de terrain Residential to Stable Commercial. pr6cit6e, afin de la faire passer de secteur residentiel stable a secteur commercial stable. 3. Rezone the same parcels of land from Two -Unit Residential (R2) to a special zone that would permit a vehicle body and paint shop in addition to other commercial uses. 4. Amending the Section 59 conditions imposed on the November 8, 1976 rezoning of the property located at 185 Golden Grove Road, also identified as PID No. 55201750, to permit a revised proposal. 5. Amending the agreement, made pursuant to the provisions of Section 101 of the Community Planning Act in effect at that time between Douglas and Gloria Mitton as developer, and the City of Saint John, Modifier le zonage des parcelles de terrain precit6e, de zone residentielle bifamiliale (112) a une zone speciale qui permettra un atelier de d6bosselage et de peinture de v6hicules en plus s d'autres usages commerciales. 4. Modification des conditions de Particle 59 impos6es relativement au rezonage du 8 novembre 1976 et modifi6 le 15 f6vrier 1979 et le 11 juin 1984 de la propriete situee au 185, chemin Golden Grove, portant le NID 55201750, pour permettre la preparation d'une proposition r6vis&e. 5. Modification de 1'entente conclue en vertu des dispositions de I'article 101 de la Loi sur l'urbanisme en vigueur a cette Epoque entre Douglas et Gloria Mitton en tant que dated March 19, 1997 respecting the property located at 185 Golden Grove Road, also identified as PID No. 55201750, to permit a revised proposal. promoteurs, et de la ville de Saint John le 19 mars 1997 concernant la propridt6 situ&e au 185, chemin Golden Grove, portant le NID 55201750, pour permettre la preparation d'une proposition r6vis6e. REASON FOR CHANGE: To construct a vehicle body and paint shop to be used in conjunction with the existing vehicle body and pant shop located at 187 Golden Grove Road.. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 RAISON DE LA MODIFICATION: Construire un atelier de d6bosselage et de peinture de v6hicules. utilisee conjointement avec 1' atelier de d6bosselage et de peinture de v6hicules.existant au 187, chenun Golden Grove. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire a I'hotel de ville situe au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par ecrit a 1'attention du soussigne A 1'h6tel de ville. Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, vcuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffi6re communale 6582862 MAN All LOCATION CIVICADDRESS: 1 185 Golden G rove Rd l PIID Uj HEM"VAGE Ai Y Al x,11 INTEOICAINI ARM Y N FLOOD RISK 'Y N APPI't,l G ll PUO,I; Y N M l,inoill W DATE;RECIEIVED all RE(:.121"i BY� APPUCANT EMAK PHONE Scotts Autobody & Collision Ltd., scotttrites@f�xauto.com 506-694-8769 z 0 MAILING ADDRESS PnSTAL CODE 187 Golden Grove Rd Saint John, NB E211 1X7 EMAIL PHONE 0 W z. ........ MAILING ADDRESS POSTAL CODE . . ... ... OlNER EMAIL PH19NE Doug Mitton I 0 11 co,iul �irl to d, �e 0ty I Sai� int Whin mv�kl nig tic irne clo rin iine rc i a � e �e iftrw m!! inesi ages, ft orn b n,ie Icy tun e. regairid :i ing City hikila Lives lrmd i nreinfives ..... - . ...... I .. l"ll,.',, ............. I� ..... I ....... I ... Genmd �C offill 'Wilemear lm��'rilld)y op�"�Iy ndfc"Ver� nvo"'�� 'cw fl'�D dowrbed on okjos ChIC) I "44:( Old rp', 4: 1' OWl' J) I h r � Ocill"i lei (7�? rel'oon? clo:w nq?n�nknn necew� y)nx ', "I':lk'", 11''"".';'�v ?,,"/ fuprrvll4j!'' c> 11 0gee 11c, colno�" wdl� the 1!0kms' I � q'v'll' d 'd "f ,, 01, 1" .1, 1) 141 1 , I I fo � I '� I j '/'r " -ji If"I 0 'mWefe pcwri� oppkaPoc ape apokina omn�s I, I, I V,"I-10:"V� �," I- �u c'l"NI�11 hO kind VUAJ,,,j ,d lkh 1 r 5r0' u w, i r, Ile hfr o�e Vi, fk biq 11, v 1 1, 1 z V), w jr I t - r nhAu''�J q,� Mb 1 0 1 y U�J 1uf uI, I' �"'W" 10k 'V 178 AAAI LI! NG ADDRESS POS RL CGDE 185 Golden Grove Rd Saint John, NB E2H 1X7 PRESENT USE° PROPOSED LISE°- BU I Ili -NG— PLANNING INFRASTRUCTURE HERITAGE 11 IIATIEM 01 7tR N1 rV;T' DINSPRIUCTIOIN VA R 11 AN C E SIREET EXCAVAI'110N Ej?+ER11 IAIGIE. DIEVELGRIMENT E] EXTERIK)IR REW)VAT110IN ACCIESSORY IR.LLOG PLANNWIG LIETTER D RIlVEWAY CULVERT E] IHIIE IRIITAGMSIGIN Anl 11 110N 0 POOL PAI,".APP1L111CAT1I10N DRAINAGE HERITAGE INRL L < DEICK DIE.MOLIT11ON COUNCIIII. APIP WATEIR & SEWERAGE HEM rMSE DEMO LU 0 CHANGE: OF LASE SIGN S1UB1L)ihA5[0N OTHER D I'll -I F R MIUMILJM STANDARDS 0 OTHER OTHIER Demolish existing our and outbuildings to construct new c61insion ceintre U- 0 z . . . . . . . . . .... ... . . ....... . ....... 0 11 co,iul �irl to d, �e 0ty I Sai� int Whin mv�kl nig tic irne clo rin iine rc i a � e �e iftrw m!! inesi ages, ft orn b n,ie Icy tun e. regairid :i ing City hikila Lives lrmd i nreinfives ..... - . ...... I .. l"ll,.',, ............. I� ..... I ....... I ... Genmd �C offill 'Wilemear lm��'rilld)y op�"�Iy ndfc"Ver� nvo"'�� 'cw fl'�D dowrbed on okjos ChIC) I "44:( Old rp', 4: 1' OWl' J) I h r � Ocill"i lei (7�? rel'oon? clo:w nq?n�nknn necew� y)nx ', "I':lk'", 11''"".';'�v ?,,"/ fuprrvll4j!'' c> 11 0gee 11c, colno�" wdl� the 1!0kms' I � q'v'll' d 'd "f ,, 01, 1" .1, 1) 141 1 , I I fo � I '� I j '/'r " -ji If"I 0 'mWefe pcwri� oppkaPoc ape apokina omn�s I, I, I V,"I-10:"V� �," I- �u c'l"NI�11 hO kind VUAJ,,,j ,d lkh 1 r 5r0' u w, i r, Ile hfr o�e Vi, fk biq 11, v 1 1, 1 z V), w jr I t - r nhAu''�J q,� Mb 1 0 1 y U�J 1uf uI, I' �"'W" 10k 'V 178 CIVIC ADDRESS 185 Golden Grove Rd TYPE OF APPLICATION .and for Public Purposes Release Service Fee 300 Section 39 Amendment ervi Fee 2.5DO Council Appliciatioi,iiiii GR( U,",,J Y, 1 "r, 1,C) °N/'tl t',4, I".rf::ES .. Y (")1111 4 i I yl"I j 0 �t",� APPLICATION #.... ?FEE PAID "� ." 1N Non -Conforming Use Service IF $200 Zoning By-law Amendment Sennce Fee a2, 00 Satisfactory Servicing Service Fee i 0 Amendment DETAILED DESCRIPTION OF APPLICATION Where applicable indicate the changes to wasting Section 39 conditions zoning or Municipal Plan designation being requested Attach site plans, building elevations, floor pAans, and other documentation to fully desenbe the application The submission of a preliminary proposal and a ProApplicabon Meeting is encouraged prior to seeking approva I. Please contact the One -Stop Development Shop at (506) 658-2911 for further information fIm ALI'TH1DRIZA" ION As of''the date of Mills ap;nplliicafia n, 'G„ the lurrndersiiguned„ armn the registered owiner of the Ilalrnd describ M. in tll"us a;plgnllrcatlnolrn or the aluthiprized agent tlherecf„ and I t'ia've exarriuliniwd the colrateints of tlhilsn alp: ilia,A'ti�on aired Ih�errulb'y certifythat the informal subr tted Fruth the a;pp'I'i:aatlronere correc inscfalr as II Iha'n'r:'n Iknowledge o,f fl-mme 'fart's, arud II her cnt: y alutf'uorize tlPnrn epplic"arnt to ireplY'e'sent tl'nurr mattelr arnd to 1provide any addiflonall iinformatliolGrl illl b'eIrnea;,wmq ery for tlhlis alFrpllucatiraru KiAl ii0V�...,,,,,.,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_.....ww........,..............,.,..,,,...,..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,.,.,�,_........................................................................w_..... .: N� nlr ut%'ii ,rt l,,pent Adldntumaurr�I R gnsleired (3wi'ner n,� grid �rlPn ..�r �. ” , u rv^ �,� � , i , I D�Ite The information contained in this application and any docurnentatt�arn. onai'sl plans, drawings, irleplorts, and studies. If,,rfovi'afr:r�d Irri� s' pG:uort of'thas aplls'tila a'tiocnn illt becornis II°sari of the pn,abtiac record ApIrRIIc;atic,mrw - 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 1i F-1191 aII""I! as Alf" oo X anNll f+'�I w A I I• 'u'irvulvnlf l',1+,1 M"�m'ti VII 0, . lyb +4el n Yl�ul t�v olii'�[� drMl �Ntry Ohi�wu¢ f � � " �A v I hii,"f2°r^wm'4.°t„n "nwa+r �tlveol l ar , .W ✓' ,;y u -,V 1 a �J ..4rvu r' in iu�uu"h g '"b" �"'Xr I �, V'"•w. i i iilmrrirrI,I�. 177 —1FIX AUrro �a��J is r ,v R.�ii u¢wrz l«.r'' tl vS NT G&axw"rVq,;: '+"WK . � L n9�'p&`uC'A"^d PIr dip, SIH RAN N EiaaMC' CCbHDIN&QS ANS q n aw Y� ., �" �w'�.',ura u. r w • -- ;"�— _ �., "^�M"uu a Cl"M'10 0 1 D aPWd a.. VuPou Roo ukw,��, All,-- .... GOLDEN GROVE ROAD `F-11 Photos of Similar Facility `E:191 x -LA W r4 ulvijojv K %_.r. lua-_ A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A City Structure, by redesignating a parcel of land with an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Nos. 55057848, 55057855 and 55201750, from Stable Area to Employment Area classification; 2 Amending Schedule B .M Future Land Use, by redesignating the same parcel of land from Stable Residential to Stable Commercial classification; - all as shown on the plans attached hereto and forming part of this by-Iaw. 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. 20I9 and signed by: AKKl TE N" U.P. NO- ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a edicte ce qui suit: L'arrete concernant le plan municipal de The City of Saint John decrete le 30 janvier 2012 est modifie par : 1 la modification de Pannexe A Structure de la municipalite, afm de faire passer la designation d'une parcelle de terrain d'une superficie d'environ 0,55 hectares, situee au 179-185, chemin Golden Grove, et portant les NID 55057848, 55057855 et 55201750, de secteur stable a secteur d 'emploi,; 2 la modification de ]'annexe B Utilisation future des sols, afin de faire passer la designation de la parcelle de terrain precitee de secteur residentiel secteur commercial stable; - toutes les modifications sont indiquees sur les plans ci joints et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 20I9, avec les signatures suivantes : N .,,,,11,11,,,,,,,,,,,,,,,.. _....................... Mayor Common C1erk/Greflier communal First Reading - Premiere lecture Second Reading - Deuxieme Iecture Third Reading - Troisieme Iecture D I -JUA W 111 UIVInr K l...r. 111 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1. Adding the following to the list of Other zones in Section 2.2: "Special Zone No. 4 SZ -4" A VK& 1 L 1V UX. 111- ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decr&d ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: 1. L'adjonction de 1'e1ement suivant a ]a liste d'Autres zones d'article 2.2 : o Zone speciale no 4 SZ -4)> 2. Adding the following as Section I4.9: 2. L'adjonction de Particle 14.9 qui se Iit comme suit: "14.9 Special Zone No. 4 (SZ -4) « 14.9 Zone speciale n° 4 (SZ -4) 14.9(1) Permitted Uses 14.9(1) Usages permis Any land, building, or Les terrains, batiments et structure may be used for constructions ne peuvent the purposes of, and for no etre affectds qu'aux fins other purpose than, the suivantes, ces fins pouvant following, which may comporter de 1'entreposage include outdoor storage as a fair libre en tant an accessory or secondary qu'usage accessoire ou use, subject to paragraph secondaire, sous reserve du 14.9(2)(a): paragraphe 14.9(2)a) : • Accommodation; • atelier de debosselage • Auction House; et de peinture de • Bakery; vehicules, • Banquet Hall; • boulangerie; • Business Office, • bureau d'affaires, sous subject to paragraph reserve du paragraphe 14.9(2)(b); 14.9(2)b); • Business Support • centre de sante et de Service; conditionnement • Catering Service; physique; • Commercial • centre de vente par Entertainment; maisons-temoins; • Commercial Group; • clinique medicale; • Communication • clinique veterinaire; Facility; • divertissement a des Contractor Services, fins commerciales; Household; • ecole de formation • Day Care Centre; technique ou • Emergency Services professionnelle; Facility; • entrepot libre-service; • Financial Service; • entreprise d'entretien • Fleet Service; et de reparation • Funeral Service; d'articles menagers; • Grocery Store; • epicerie; • Health and Fitness • flotte; Facility; • garderie; • Health Services • gare routiere; Laboratory; • hebergement; • Medical Clinic; • installation de • Personal Service; communication; + Yet tiroommg; • installation de services • Recreational Vehicle d'urgence; Sales and Service, • institution financiere; Small; + laboratoire de services • Restaurant; de sante; • Retail General; • maison d'encheres; • Sales Centre, Model • restaurant; Home; + salle de r6ception; • Self -Storage Facility; • salon fun6raire; • Service and Repair, + service d'appui aux Household; entreprises; • Technical or + service d'entrepreneur Vocational School; a domicile; • Transit Terminal; • service de traiteur; • Vehicle Body and • service personnel; Paint Shop, subject to + studio de toilettage paragraph; d'animaux familiers; • Veterinary Clinic. • vente au d6tail gen6rale; + vente et reparation de petits v6hicules de plaisance. 14.9(2) Conditions of Use 14.9(2) Conditions regissant les usages (a) Outdoor Storage as an a) L'entreposage a fair libre en tant accessory or secondary use to qu'usage accessoire ou secondaire a main use permitted in par rapport a un usage principal subsection 14.9(1) shall be permis par le sous -article 14.9(1) subject to the following: est subordonn6 aux conditions (i) The yard shall not occupy suivantes: any required front or (i) la cour d'entreposage ne doit flankage yard or any pas occuper une cour avant area required for obligatoire, une tour de flanc parking; obligatoire ou une aire de (ii) The yard shall be stationnement obligatoire; completely enclosed by a (ii) la tour doit etre entierement solid board -on -board fermde au moyen d'une cl6ture fence or a chain-link pleine de construction planche- fence entirely covered by sur-planche, d'une cloture a filler strips woven into mailles losang6es enti6rement the mesh or a walled recouverte au moyen de structure or a berm, or languettes entrelac6es dans les any combination thereof, mailles, ou d'une construction having a minimum ferm6e ou d'une lev6e, ou height of 2 metres and d'une combinaison de ces including any gate 616ments, d'une hauteur constructed in the same minimale de 2 metres, les manner and height as the barrieres, s'il en est, devant Etre enclosure; construites de la m6me maniere (iii) Notwithstanding the et de la m6me hauteur que above, the yard may Fenceinte; instead be screened in (iii) malgr6 ce qui pr6c6de, la tour accordance with peut, au lieu, etre dissimul6e paragraph 6.1(k), or by eonform6ment au paragraphe any combination of 6.1 j), ou au moyen de toute permitted structures, combinaison des constructions, berms and landscaping; lev6es et am6nagement and paysager permis; (iv) When the yard is (iv) lorsqu'un am6nagement est developed within 15 effectu6 dans ]a tour a moins 111GLICh V1 dll dUUlling 101 in a Residential zone, the yard shall also be in accordance with section 5.5. (b) A Business Office permitted in subsection 14.9(1) shall not exceed 3,000 square metres in gross floor area. 14.9(3) Zone Standards Standards for development in Special Zone 4 shall be as set out in subsection 11.5(4), and Parts 4 to 9 where this zone shall be considered a Corridor Commercial (CC) zone. 3. Amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road„ also identified as being PID Nos. 55057848, 55057855 and 55201750, from Two - Unit Residential (R2) to Special Zone 4 (SZ4). - 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. 2019 and signed by: dans une zone rdsidentielle, la tour doit dgalement etre conforme a Particle 5.5. b) L'aire de plancher brute des bureaux d'affaires permis par le paragraphe 14.9(l) ne peut etre supdrieure a 3 000 metres carrels. 14.9(3) Normes applicables i't la zone Les normes d'amdnagement dans la zone spdciale n° 4 doivent etre conformes aux dispositions de paragraphe 11.5(4) et des parties 4 a 9, et la zone en question doit etre consideree en tant que zone commerciale de corridor (CC). 3. La modification de 1'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la ddsignation pour une parcelle de terrain d'une superficie d'environ 0.55 hectares, situde au 179-185, chemin Golden Grove, et portant les NID 55057848, 55057855 et 55201750, de zone residentielle bifamiliale (R2) a zone speciale n° 4 (SZ4). - toutes les modifications sont indiqudes sur le plan ci joint et font partie du prdsent arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2019, avec les signatures suivantes : _..................... Mayor/Maire Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture March 11, 2019 His Worship Mayor Don Darling And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment — 40 Mountain View Drive A Public Presentation was made on January 28, 2019 of a proposed amendment to the Municipal Development Plan which would 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 Numbers 00313429 and 00426452, from Low Density Residential to Low to Medium Density Residential to undertake a medium density residential development with a mix of housing types. 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, April 8th, 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 SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 4LI I www.saintiohrn.ca [ C.R '11971 Sa9nt John, N. -B. Canada ER 40 `E:1:3 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 pr6sentes, un avis public est donn6 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 l'intention d'6tudier la modification du plan Development Plan which would: d'am6nagement 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`h 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 1. Modifier la d6signation, a 1'annexe B du plan, d'une parcelle de terrain d'une superficie d'environ 3.25 hectares, situ6e au 40, chemin Mountain View, et portant les NID 00313429 and 00426452, afin de la faire passer de Residentiel i faible densite A Residentiela densite faible ou moyenne, comme it est indiqu6 ci-dessous; Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le lundi 28 janvier 2019 dans la salle Ludlow, 86me 6tage, a 116tel de ville. RAISON DE LA MODIFICATION: Entreprendre un d6veloppement r6sidentiel de densit6 moyenne avec une vari6t6 de types de logements. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 27 fevrier 2019 a l'attention du soussign6. Pour toute demande de renseignements, veuillez `E:1%7 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 d6veloppement 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 ferias. Jonathan Taylor, Greffiere communale 6582862 iRX February 20, 2019 City of Saint John 15 Market Square Saint John, N.B Attn: Jonathan Taylor — Common Clerk We are writing with regards to the municipal plan amendment for land at 40 Mountain View Drive. We live on Silverstone Street with our neighbours on Westbrook, Myles and Garnett. We attended a meeting with the developer John Rocca on February 191h where he revealed plans for the property. It was an excellent meeting and all our concerns and questions were addressed. We are pleased that the property will be developed. The last owner cleared the property of most of the trees and did not proceed with much development. Since then we've had a lot more activity in our subdivision with ATV's that travel down our street coming from access from that property to Myles Drive which has for the most part been left open to foot traffic. We have no issues with the buildings, landscape and plans for the property which we think will truly be an asset to our city. The only issue we have is the proposed emergency/pedestrian access to Myles Drive. We understand that there will be a gate installed by the parking lot and that it may be used in case of an emergency. We do not want this to be left open at all, even with a gate. In case of an Emergency the City's emergency vehicles could get to the 40 Mountain View property either from McAllister Dr to Mountain View or from Mountain Road to Mountain View. We are afraid that having access to Myles Drive now may lead to the road being fully opened at a later date. Currently there are many cars taking a short cut through our streets to get to McAllister Drive so this would cause much more traffic that our streets cannot handle. The last time the property was rezoned in 2008 the City of Saint John agreed with us that the property on Mountain View Drive would be a stand-alone sub division with access from Mountain View only. Myles, Westbrook and Garnett streets would not be accessed from this property and would remain closed. In closing we appreciate the time you've taken to read our letter. As we've mentioned we are not opposed to the development whatsoever only the proposed Emergency/pedestrian access to Myles Drive. Sincerely Robert & Nicole Knox 14 Silverstone Street MOS City of Saint John 15 Market Square Saint John NB Attention: Jonathan Taylor Common Clerk RE: Proposed Development at 40 Mountainview Drive To Whom It May Concern: Please carefully look at this development and do not approve anything which would endanger the homes and quality of life in my neighborhood. I am against the current proposed development because of several problems. If some changes are made and solutions are found I could support the plan. A great majority of the residents of the James Myles subdivision are strongly opposed to the opening of Myles Drive to the proposed development. A gated entrance for emergency use Is not wanted. Who would be responsible for clearing snow and road upkeep on such a right of way? Would this gate make noise? Opening our small neighborhood to the possibility of a big influx in traffic would be dangerous considering the large number of pedestrian traffic we get from Simonds High School. We do not have sidewalks. A thumbs up to open Myles Drive should mean an extensive upgrade to our neighbourhood for sidewalks and signage to make the streets safe. Pull out a map. If you lived in Forest Hills or along Mountainview Drive which way would you walk to get to the businesses in the Hickey Road area. Which route would you drive? Please keep Myles drive closed. A map showing the land elevations clearly shows the property behind Westbrook Avenue is on higher ground. Curbing around the parking areas would cause the water flowing down from the forested hills to be diverted into the James Myles Subdivision and cause flooding to our homes. We have ditches and culverts on Myles Drive and most other streets in the neighborhood. We do not have fancy new modern concrete sidewalks like they have in Champlain Heights and Forest Hills, but we pay the same tax rate. In the past powerful rainstorms have caused the closure of McAllister Drive. Removal of the forested area, the free flow of water from flat parking grounds and runoff from the downspouts of the large buildings would contribute to flooding. We have just experienced extreme winter weather of heavy rain and extreme freezing. With climate change this type of weather could become the norm. How will a frozen holding pond help or protect us from a sudden spring thaw accompanied by rainfall. A frozen pond will not thaw quick enough. What recourse do we have if we start getting water diverted to our properties? The two large parking areas would require snowplowing. Where would the snow be piled? Would care be taken to open the storm drains in winter and fall? Large snow mountains would compound any flooding problems. The water comes from the forested hills and floods the valley, including the Glen and the primary shopping mall district of the city. This extra run off will just add to the existing problems. Currently a review is underway to address the flooding problems in the nearby Golden Grove holding pond and Glen Falls area. Should city planners and engineers first find a solution to this problem before proceeding with a project that could very well add to the flooding? Where is the water going to go? Please know the answer before approval. This new development and holding pond are uphill from the flood plain. How many lights would be installed in the parking lots and on the apartment buildings? Where would they be placed? These should be directed away from our homes. Protection from light pollution should be considered. Flood lights are ugly and harmful to our health. This subdivision has enjoyed a suburban life with a bit of a rural setting except for the noise of the nearby Irving Oil Refinery. We frequently see deer and other wildlife in the neighborhood. Many people enjoy extensive gardening and bird watching. This influx of traffic both vehicle and pedestrian would be a big adjustment. Gobsmackedl A dog park is not something any sane person would want bordering on their property. A dog park would cause a daily nuisance of noise and agitate (cause barking) the dogs already living in our subdivision. This dog park would be on city property so anyone can come over park on the streets and take their dog inside the park. How could it be exclusive to folks living within the proposed development? It is public property. The proposed dog park borders every property along the north side of Westbrook Avenue. I think it is silly to think a dog park belongs in the middle of a residential area. The city recently closed several playgrounds for children, including one in nearby Champlain Heights. How can you justify spending tax dollars on recreation for dogs? Dog parks are trendy, but society has done fine without them for centuries. We already have dog parks at Rockwood Park and at the nearby Little River Reservoir (well within walking distance). A dog park simply does not belong in a residential area. The public greenspace should remain a greenspace with trees/shrubs. The trees would act as a sound barrier to help absorb and protect us from noise pollution, both from residential and industrial fall out including the City Works Department on McAllister Drive. Another concern I have is garbage removal from this proposed development. Highmeadow Park and other townhouse developments in the city are on private property and do not receive the same door to door pick up service by the sanitation department. If your street is private property you pay for trash removal, but the city will pick up at certain private developments like Tartan Street and Highmeadow Park if the garbage is piled in designated areas. One designated area for Highmeadow residents to pile their garbage is located along Silverstone Street and it is a huge eyesore and the garbage blows throughout our neighbourhood. People entering our subdivision via Silverstone Street are getting a very bad first impression of the neighbourhood. Who will be responsible for garbage removal from this big influx of residents? Will the streets be private or public? Community garbage piles save the city from providing door to door pick up, but it is very ugly, and it attracts wildlife. Garbage piles allow residents to abuse the system because you cannot police who is improperly throwing garbage into the pile. Please evaluate my concerns of safety, flooding, light pollution, garbage pollution, sound pollution and carefully decide what can be done. Keep the greenspace. ii&ON Please come visit this site and get a true vision of it's potential. Thank you for your consideration of this matter, Sharon & Lawrence Fournier 2 Westbrook Avenue Saint John NB E2J 382 haironfourni r hiotlr a- H.Com 506 696-3753 IiMEI Feb,15,2019 City of Saint John 15 Market Square Saint John, N. B. Attn. Jonathan Taylor -Common Clerk This letter is to inform you of my objection to certain proposals to be implemated on property at 40 Mountain View Drive. This land has changed ownership from Bob Darling to John Rocca. The new owners have submitted designs and plans for new builds. The plans for these buildings themselves are NOT the issue. One issue is .... The connection to Myles Drive and possibly a connection to Garnett Road (if needed in the f utureJ f! The discusion of ammending previous decisions � 95 by a former common council should not be entertained. We, the home owners of Silverstone, Westbrook, Myles and Garnett RD., have fought long and hard with said council and we WON the arbitration thus keeping any link to Myles Drive and Garnett Road from happening and thus maintaining the lifestyle we have come to enjoy. This proposed link, of a Pedestrian Walkway and Emergency Vehicle Roadway, is simply 'A FOOT IN THE DOOR'. We all know that down the road this connection will be made a permanent connection thus opening our subdivision up to a huge volume of traffic. (high rise of 75 units plus multiple townhouse units). Our subdivsion has always had a high number of walkers, both elderly and young enjoying a stroll on our roads. These roads have NO CURBS OR SIDEWALKS thus exposing any walkers to danger should such a volume of traffic be funneled onto our roads. I must state the 1 am not against the building of this developement. It is important for Saint John to have growth thus employment but not at our 2196 expense!!! Respectfully, oy Doug Maclean 6 Myles Drive Saint John, N. B. 506-696-3548 197 `!v�l' 'y 12 Westbrook Avenue Saint John, NB E2.13132 February 20, 2019 City of Saint John Common Council Market Square Saint John, NB Att: Common Clerk As part of the Calabria Estates Proposal by 048367 N.B. Ltd. under the section of Area Improvements, they are asking the City to build a Dog Park on the Land for Public Purposes. This parcel of land borders the rear of most of the existing residential lots on Westbrook Avenue. The City owned land currently has a small storm water retention pond on it's western end and the rest is the original treed area which acts as a buffer to the proposed development. This parcel of land is an irregular shaped lot and has an average width of only 50 feet +. Dog Parks are normally part of larger recreational areas (le. SJ Dog Park — Hawthorne Ave. Ext., Chown Field -Paul Harris Street, Little River Reservoir Park, and other options are Rockwood Park and Irving Nature Park.) These Dog Parks are not directly adjacent to residential lots where a group of dogs playing and barking could disrupt neighbouring residents. We do not feel a Dog Park is an appropriate use for this parcel of land and we would appreciate your consideration of the above concerns. Sincerely, !� M,1"r-AX$S John & Deborah McAulay fiRU] toofaz;�o ,.I,t ,' 6° 3 3 � JA,k Y-O� ( h3'11,"�V,Oet- Ic `Ple.] January 28, 2019 City of Saint John 15 Market Square Saint John, N.B. Attn: Jonathan Taylor - Common Clerk I am aware they is a request for a municipal plan amendment for land at 40 Mountain View Drive. Many years ago, our sub division was in a huge dispute with the previous owner because he wanted the roads opened in our sub division. Our sub division includes. Westbrook Ave., Silverstone St., Myles Drive and Garnett Rd. There was total disregard for our quality of living so it became necessary for us to form an association which is quite large and to defend our right to maintain our quality of living as taxpayers of the City of Saint John. After many months of council meetings and a meeting with the then owner and our association, it was agreed upon that our roads would remain closed and the property on Mountain View would be a stand alone sub division with access from Mountain View onto Colter St. As well, berms were to be built or left at the end of Westbrook Ave. and the Highmeadow Park area and at the end of Myles Drive. The previous owner did not live up to any of this and we have seen an increase in foot traffic, theft and property damage in our sub division because there is now clear foot access from our sub division to this noted property. As well, we also now have atvs racing up and down the roads due to the open access. There are no sidewalks in our sub division, it is widely used by people who walk with their pets, their children and we often see kids out playing. The current infrastructure would not support an increase in traffic and will require the city to do upgrades. We all know there is no money for this. I am not opposed to growth but the growth has to be proper. If you check, at one time Century 21 tried to build on this land and could not because of the amount of water that flows there. It was felt the land would not support that heavy a build. It is important the water table be considered because any change in the land could result in flooding for the residents who live on Westbrook Ave. and whose properties border this Mountain View property. N9191 I am looking at the site map and it looks like a roadway to Garnett Rd is in picture, which means that road is looking like it may be opened to thru traffic. As a taxpayer who will be affected by this build, I am unable to support it without a guarantee of the following: Roadways in our sub division are to remain closed as was agreed upon previously by the city of Saint John, with no direct access to this proposed sub division from Silverstone St., Westbrook Ave., Myles Drive or Garnett Road. There is no need for Myles drive to be opened to foot traffic or emergency vehicles. Access for emergency vehicles is quicker via McAllister Drive and Mountain View. Foot traffic should also be directed to Mountain View and McAllister Drive. There should be no need to this access via access to any of our streets in our sub division. A study be done on the water that flows behind the homes on Westbrook Ave that border the Mountain View property to ensure that a build does not redirect and start flooding these homes. It appears contractor wants underground parking for a multi unit building. How many units and as previously stated, Century 21 could not build there due to the water and the land not supporting the build. The tree line behind the homes on Westbrook Ave that border this Mountain View property remains and all berms that were agreed to previously be put in place. This proposed build at Mountain View be a stand alone sub division independent of any access to our sub division. Entry and exit should be from Mountain View onto Colter St. as was previously agreed upon. As well, because of an increase of water use from this build, we need to ensure that a study is done that it will not affect water pressure in our sub division. Again, I am not opposed to growth and for the most part, I think the concept is a good fit. The only concerns will be those noted above and without a guarantee these agreements remain in place that we had, it will be liard for me to support ihis build. As a taxpayer, I too have a right to live peacefully in my home which has been owned by my family and now me, since 1976 and not have my quality of living changed because a contractor wants to build. Trusting you understand. Re ectfi y �+ �Pfrp � N P Y l a iene T. Hersey Q �� 8 Silverstone St. NO Saint John, N.B. 506-639-5051 WIN Tom Wilson Myles Drive City of Saint John 15 Market Square Saint Jahn N.B. Jonathon Taylor -Common Clerk Re: Concem about the proposed amendment for the land at 40 Mountain View Road , 1 am writing regarding my concern for the opening of our streets to thru traffic from this proposed sub division .I recently purchased and completely renovated a home on Myles Drive for nay elderly parents and myself .i chose this location for my home for a few reasons arra wish to bring your attention to the following issues that will arise with this happening. * Influx in traffic ,we now have a very quiet subdivision where you can sit out and enjoy the quiet of our back yard and deck with increased traffic this will not be possible We felt this was a safe subdivision but the more we are exposed to traffic, foot traffic and overall access to our neighbourhood we are exposing ourselves to the unknown We currently are without sidewalks (with nothing in the works for any going forward) my parents enjoyed walking but with increased traffic this will not be safe for them without sidewalks .Also for troy granddaughter when she is visiting our home to walk or ride her bike. The traffic on troche Lomond Road is congested in the early mornft and evening supper hour we do not meed to add to this. I aria not against development and the growth of our unity, but at what point do we not consider our existing citizens and take in account the taxes we pay in the ndghbourhood we chose to live in u Yours sincerely, Tom Wilson PON CITY OF SAINT JOHN NEW BRUNSWICK A By -Law Respecting the Closing of Roads, Streets or Highways in The City of Saint John By -Law Number LG -4 An uncertified copy of this by-law is available online Arrete relatif a la fermeture des chemins, des rues ou des routes dans The City of Saint John Arrete numero LG -4 Une copie non certifiee de 1' arrete est disponible en ligase M91111 -2 - W9191 TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Article Designation Page Recitals 3 Preambule 3 1 Title 3 1 Titre 3 2 Definitions 3 2 Definitions 3 3 Interpretation 3 3 Interpretation 3 4 Closing 4 4 Fermeture 4 5,6 Procedure 4-5 5,6 Procedure 4-5 W9191 -3 - RECITALS WHEREAS, subparagraph 10(1)(p)(ii) of the Local Governance Act, S.N.B. 2017, c.18 provides that a local government may make by- laws for municipal purposes respecting "... the temporary and permanent opening and closing of roads, streets and highways"; and WHEREAS, the City from time to time might wish to exercise the authority, as referred to in the immediately preceding recital, to close a road, street or highway; and WHEREAS, it is deemed desirable to establish the procedure to be followed by Common Council in considering whether to close any road, street or highway within the City; NOW THEREFORE, the Common Council of The City of Saint John, enacts as follows: Title 1 This By -Law may be cited as the Road Closures By -Law (hereinafter the `By -Law"). Definitions PREAMBULE ATTENDU QUE, le sous-alin&a 10(1)p)(ii) de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18 pr&voit qu'un gouvernement local peut prendre des arret&s concernant « ... la fermeture et l'ouverture permanentes et temporaires des chemins, des rues et des routes »; et ATTENDU QUE, de temps a temps la municipalit& peut decider d' exercer son autorit&, comme precise dans 1'6nonc6 precedent, pour fermer un chemin, une rue ou une route; et ATTENDU QUE, it est jug& souhaitable de mettre en place la proc&lure a suivre par le conseil communal pour d&cider de fermer un chemin, une rue ou une route dans la municipalit&; A CES CAUSES, le conseil communal de The City of Saint John &dicte : Titre 1 Le pr&sent arret& peut etre cit& sous le titre : Arrete concernant la fermeture des chemins (ci- apr&s « 1' arret& »). Definitions 2 The following definitions apply in this By- 2 Les definitions qui suivent s'appliquent au Law. pr&sent arret&. "City" means The City of Saint John « municipalite » d&signe The City of Saint John (municipalite); (City); "Common Council" means the elected municipal council of the City (conseil communal); Interpretation 3 Rules for interpretation of the language used in this By-law are contained in the lettered paragraphs as follows: conseil communal » d&signe les membres &lus du conseil municipal de la municipalit& (Common Council); Interpretation 3 Les r&gles d'interpr&tation suivantes s' appliquent au present arret& comme suit : MIN (a) The captions, article and section names and numbers appearing in this By-law are for convenience of reference only and have no effect on its interpretation. (b) This By-law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By- law is printed in Italic font. The reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By-law references other by-laws of the City, the term is intended to include all applicable amendments to those by-laws, including successor by-laws. (d) The requirements of this By-law are in addition to any requirements contained in any other applicable by-laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or parts or provision of this By-law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. Closing 4 The City may by by-law and subject to the provisions hereof and to any applicable provisions of the Highway Act (R.S.N.B. 1973, c. H-5 and amendments thereto) close any road, street or highway within the territorial limits of the City. a) Les titres, intertitres et numeros des dispositions ne servent qu'a faciliter la consultation de 1'arrete et ne doivent pas servir a son interpretation. b) Le genre ou le hombre grammaticaux doivent etre adaptes au contexte. c) Les renvois legislatifs paraissent en italique. Le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de la municipalite visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s'ajoutent a celles decoulant d'autres arretes applicables de la municipalite ou des lois et reglements applicables des gouvernements federal ou provinciaux. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que cc soit, la decision n'entache en rien la validite de 1' arrete dans son ensemble ni de toute autre disposition. Fermeture 4 La municipalite peut, par arrete et sous reserve des presentes dispositions et de toute disposition applicable de la Loi sur la voirie (L.R.N.-B. 1973, ch. H-5, ensemble ses modifications), fermer un Chemin, une rue ou une route a 1'interieur des limites territoriales de la municipalite. Procedure Procedure 5 Prior to determining whether to close any 5 Avant de decider de proceder a la fermeture d'un Chemin, d'une rue ou d'une route, MIYA -5 - road, street or highway, Common Council shall (a) Fix a time and place for the consideration of objections to the proposed closing; (b) Give notice of its intention to consider the enacting of a by-law for the closing of a road, street or highway by posting its intention on the City website for a period of not less than fourteen days preceding the time fixed under paragraph (a); and (c) Hear and consider any written objections to the proposed closing and hear any person who wishes to speak for or against the proposed closing, at the time and place fixed under paragraph (a). 6 The notice under section 5 shall: (a) Define the road, street or highway, or portion thereof, to be considered for closing; (b) State the time and place fixed under paragraph 5(a), (c) State whether the proposed closing is of a permanent or temporary nature, and if temporary, the proposed duration thereof, (d) State, in the instance of a proposal which would apply to vehicular traffic only, that pedestrian traffic would not be affected; (e) State the place where and the hours during which the proposed closing by-law may be inspected, and (f) State the person together with the corresponding address to whom written objections may be sent. le conseil communal : a) Determine la date et le lieu pour 1'examen des objections a la fermeture proposee; b) Donne avis de son intention d'adopter un arrete pour la fermeture d'un Chemin, d'une rue ou d'une route en publiant son intention sur le site Web de la municipalite pour une periode d' au moins quatorze j ours precedant la date etablie en vertu de 1' alinea a); C) Entend et examine toute objection ecrite a la fermeture proposee et entered toute personne qui desire s'exprimer en faveur ou contre la fermeture proposee, a la date et au lieu etablis en vertu de 1'alinea a); 6 L' avis donne en vertu de 1' article 5 : KII-13 a) Precise le chemin, la rue ou la route ou toute partie de ceux-ci, pris en consideration pour la fermeture; b) Precise la date et le lieu etablis en vertu de 1'alinea 5a); c) Precise si la fermeture proposee est de nature permanente ou temporaire, et si elle est temporaire, la duree de cette fermeture proposee; d) Indique, dans le cas d'une proposition qui ne s' appliquerait qu' a la circulation automobile, que la circulation pietonniere ne sera pas affectee; e) Indique le lieu ou et les heures au cours desquelles 1'arrete proposant la fermeture peut etre examine; f) Specifie le nom de la personae a qui et 1' adresse ou les objections peuvent etre envoyees. 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: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2019, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffier communal First Reading - February 25, 2019 Premiere lecture Second Reading - February 25, 2019 Deuxieme lecture Third Reading - Troisieme lecture M916.1 - le 25 fevrier 2019 - le 25 fevrier 2019 COUNCIL REPORT M&C No. 2019-048 Report Date March 06, 2019 Meeting Date March 11, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous building at 78-80 Victoria Street (PID376459) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rachel Van Wart J Hamilton /A Poffenroth John Collin RECOMMENDATION RESOLVED, that the building located at 78-80 Victoria Street, PID# 376459, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED, that said building is to be demolished as it has become a hazard to the safety of the public by reason of unsoundness of structural strength; and 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. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building at 78-80 Victoria Street. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A Ph to] -2 - REPORT Inspections of the property at 78-80 Victoria Street, PID# 376459, have revealed that there is one building on the premise; a three-storey, three unit apartment building. Staff first became aware of the property's vacancy in June 2010 and began standard enforcement procedures. The property is located in the City's North End in an urban centre residential zone. The building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on February 19, 2019, was posted to the building and served on the owner the same day as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate of Registered Ownership lists an individual as the owner. The owner has been cooperative with the City and will allow the building to be demolished, therefore the Notice provided the owner with the minimum 15 days to remedy the conditions at the property. The owner did not file a formal appeal and did not take remedial action to comply with the requirements of the Notice. A compliance inspection was conducted on March 6, 2019 which revealed that the conditions which gave rise to the Notice have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service on the owner. Also included are photographs of the building. The Local Governance Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was served on the owner's partner on February 26, 2019 and posted to the building the same day. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is approximated at $10,000 and will take about 2-4 weeks 211 -3 - before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Notice to Comply Affidavit of Service - Notice to Comply Affidavit of Service - Notice of Common Council Hearing Letter Photos PAN Parcel identifier: PID #376459 Address: 78-80 Victoria Street, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Green, Ronald Joseph Address: 2-17 Main Street, Saint John, New Brunswick E2K 1 G9 (Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, par. 132(2)) Numero d'identification de la parcelle : NID :376459 Adresse: 78-80, rue Victoria, Saint John, Nouveau -Brunswick Proprietaire(s) on occupant(s) : Nom : Green, Ronald Joseph Adresse : 2-17 Main Street, Saint John, Nouveau -Brunswick, E2K 1G9 Local government giving notice: The City of Saint Gouvernement local signifiant Pavis : The City of John Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the `By- law"). Arrete enfreint : Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux de Saint John, Arrdte num6ro M-30, ainsi que ses modifications ci-afferentes (1' « Arrdt6 ))). Provision(s) contravened: Subsections 6(1), 6(2) and Disposition(s) enfreinte(s) : Les paragraphes 6(1), 6(3) of the By-law. 6(2) et paragraphe 6(3) de 1'Arr&6. Conditions(s) that exist: The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated February 19, 2019 prepared by Catherine Lowe, EIT & Rachel Van Wart, EIT, By-law Enforcement Officer, reviewed and concurred in by Amy Poffenroth, P. Eng., By-law Enforcement Officer. What must be done to correct the condition: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. Description de la (des) situation(s) : Les lieux sont inesth6tiques en permettant la pr6sence de ferraille, de detritus et le batiment delabr6. Le batiment est devenu dangereuse pour la securite du public du fait de son inhabitation ou de son inoccupation et est devenu dangereuse pour la securit6 du public du fait de son delabrement et du fait de manque de solidite. Les conditions du batiment et des lieux sont decrites a 1'annexe « A >>, une copie conforme du rapport d'inspection en date du 19 fevrier 2019 et prepare par Catherine Lowe, IS & Rachel Van Wart, IS, agentes charg6 de 1'ex6cution des arretes municipaux, revise et en d'accorde avec par Amy Poffenroth, ing., une agente charge de 1'execution des arr6t6s municipaux. Ce qu'il y a lieu de faire pour y remedier: La proprietaire dolt restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionne et d'amener le batiment et les lieux en conformit6s avec 1'Arr&6. Dans 1'eventualit6 que la proprietaire ne rem6dient pas le batiment et les lieux dans le temps prescrit par le present avis de conformit6, le batiment pourront Etre demolis comme mesure corrective compte tenu qu'il repr6sente un danger pour la s6curit6 du public et les lieux pourront etre nettoyes. Dans 1'eventualite de d6molition, tous les d6bris et autres items sur les lieux seront disposes comme mesure corrective dans le but de remedier le danger pour la securit6 du public. The aforementioned remedial actions relating to the Les mesures correctives susmentionnees relativement I". r`' -'---'r-1'--- ---J A-- _1:-----1 _'r a_L– – --A .. I– A_ 1.^+. __+ e+ I- A-__-+-_ A— . All ;n items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. et autres items sur les lieux ne comprennent pas le nettoyage, la remise en etat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contr6ler ou de reduire, d'eliminer le deversement, de modifier le mode de deversement ou le deversement d'un polluant dans ou sur Fenvironnement ou toute partie de 1'environnement. Date before which the condition must be corrected:1 Delai imparti pour y remedier : ' a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 15 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 60 days of being served with the Notice to Comply. Date for giving notice of appeal: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8`h Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for not complying with notice within time set out in notice:Z Subsection 11(1) of the By-law states that a person who fails to comply with the terms of a Notice to Comply given under section 7 of the said By-law, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 11 (1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 11(3)(b)(i). a) La demolition du batiment et le nettoyage des lieux doivent Etre completees, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent etre soumises, dans les 15 jours qui suivent la signification de Favis de conformit6. b) Les reparations relides aux mesures doivent etre completees dans les 60 jours qui suivent la signification de Favis de conformite. Date limite pour donner Pavis d'appel: Dans les 14 jours qui suivent la notification de Favis de conformite. Processus d'appel : La proprietaire peux dans les 14 jours qui suivent la notification de Favis de conformite, envoye un avis d'appel par courrier recommande a la greffiere communale de la municipalite, a The City of Saint John, Edifice de i'h6tel de ville, 8' etage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L1. Peine possible en cas d'omission de se conformer aux exigences de 1'avis dans le delai y imparti : 2 Le paragraphe 11(1) de 1'Arrete prevoit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifie aux termes de Particle 7 de ladite Arrete, commet une infraction qui est punissable en vertu de la partie 2 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction prevue au paragraphe 11 (1) se poursuit pendant plus d'une journee, Famende minimale qui peut etre imposee est 1'amende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels Finfraction se poursuit conformement a Falinea 11(3)b)i). within the time set out in the said Notice, the City may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to be repaired or demolished. Further, subsection 12(3) of the By-law states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. 4K Dated at Saint John the 11 day of February, 2019 Local government: The City of Saint John Signature of the officer of the local government: termes de Particle 7 de ladite Arrete et, que le proprietaire ou Foccupant ne se conforme pas a cet avis de conformite dans le delai imparti et tel qu'il est repute confirme ou tel qu'il est confirm6 ou modifi6 par un comite du conseil ou par un juge en vertu le paragraphe 12(3) de ladite Arrete, la municipalite peut faire nettoyer ou reparer les lieux de ce proprietaire ou de cet occupant ou de faire reparer ou demolir le batiment ou autre construction de ce proprietaire ou de cet occupant, et les coots afferents A 1'ex6cution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis A la charge du proprietaire ou de l'occupant et deviennent une creance de la municipalite. Fait A Saint John le _ fevrier, 2019. Gouvernement locale: The City of Saint John Signature du fonctionnaire du gouvernement local: Contact information of the officer of the local Coordonn6es du fonctionnaire du gouvernement government: local: Name: Rachel Van Wart, EIT Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10"' Floor P. O. Box 1971 Saint John, New Brunswick E21, 4L1 Telephone: (506) 658-2911 E-mail: rchel.vaart ohn.ca Fax: (506) 632-6199 Corporate seal of the local Notes: 1. All appropriate permits mug legislation must be complied with required remedial action. Nom: Rachel Van Wart, IS Adresse postale: Service de la Croissance et du Developpement Communautaire The City of Saint John 15 Market Square Edifice de Ph6tel de ville, IOe etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone: (506) 658-2911 Adresse electronique: rache .van rtd)sai qqb.ca Telecopieur : (506) 632-6199 Sceau du gouvernement local Notes : 1. Tous les permis prescrits doivent etre obtenus et toute la legislation pertinente doit etre respectee pendant 1'execution des mesures de remediation. 2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de I'amende n'a pas pour effet d'annuler with the by-law, standard or notice. ('obligation de se conformer A 1'arrete, A la norme ou A 1'avis. 3. Costs become a debt due to the local government and may be 3. Les coots deviennent une creance du gouvernement local et added to the joint local government and provincial Real Property peuvent Etre ajoutes a 1'avis commun d'evaluation et d'imp6t Aor„Pot -I Tae Nntire foncier des Qouvernements local et provincial. 78-80 Victoria Street Saint John, New Brunswick PID# 376459 - r 2U• C�i S ai dards Officer Inspection Dates: June 7, 2018 & February 11, 2019 Inspections Conducted by: Catherine Lowe, EIT & Rachel Van Wart, EIT Introduction Inspections of the property at 78-80 Victoria Street, PID# 376459, have revealed that there is one building on the premise (the "Building"); a three-storey, three unit apartment building. Staff first became aware of the property's vacancy in June 2010 and began standard enforcement procedures. The Building has sustained two fires, one on June 11, 2010 and one on September 9, 2010. The property is located in the City's North End in an urban centre residential zone. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. There is an open building permit (BP 16-546) that has been granted an extension until June 20, 2019. The description of work for this permit includes foundation repairs to the existing building and a slab for a future detached garage. As per the City of Saint John Zoning By-law, the shipping container at the rear of the property is in contravention of the Zoning by-law and is not permitted on the property as it is classified as `a container designed for commercial transport' that is functioning as an accessory structure. 8.17 Vehicle Bodies Except as otherwise provided by this By-law, a container designed for commercial transport, a farm tractor, a motor vehicle, a road building machine, a tractor engine, a tractor trailer, or any other vehicle drawn, propelled or driven by any kind of power regardless of whether such vehicle has been modified or no longer functions or resembles a vehicle, shall not be permitted in any zone as a main building or structure or as an accessory building or structure. Discussion The Building is not in compliance with the Saint John Unsightly 'remises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the `By-law"). Unsightly Premise Conditions Subsection 6(1) of the By-law states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. 1. There is junk, rubbish, and refuse on the property. These items include, but are of the Building; the second and third floors of the tront taracte are coverea in white vinyl siding. Pieces of plywood, lumber and other wood cover the foundation at the front of the Building. There are loose and broken stones at the right front corner of the Building, which may have previously been part of the foundation system. There is no siding on the rear exterior wall of the Building; old, loose, faded house wrap remains that blows in the wind. The paint is peeling from the wooden shingles on the right and left side of the Building. A section of the rear foundation is covered with plywood boards that are cracked in some locations. The entire Building structure is leaning significantly to the left. The aforementioned conditions are unsightly. Vacant and Unoccupied Subsection 6(2) of the By-law states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. Buildings in dilapidated condition that are known to be vacant can attract vandalism, arson and criminal activity. The property condition affects the quality of life of neighboring properties and negatively impacts property value of real estate in the area due to negative perceptions of unsafe and deteriorating conditions. The City of Saint John Finance department confirmed that the water has been turned off since April 2010. Saint John Energy confirmed that the power has been turned off and the meter has been removed in Apartment #2 since 2007 and Apartment #3 since 2010. 2. There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant. Many vacant buildings in the North End area have recently been the target of arson. In 2010 this Building suffered two separate fires that both originated from the first storey of the Building. The Building is now a shell with wooden floors, walls, and ceiling members exposed. There is also an accumulation of plywood and lumber on the first storey. If a fire event were to occur in the Building it would quickly spread through the Building due to the lack of any material to impede the spread of the fire. The Building is in very close proximity to 82 Victoria Street. If a fire event were to occur within the Building it could potentially spread to the neighboring occupied building. This could cause significant damage to the building and endanger the lives of the occupants. 3. There is a concern for emergency personnel safety in the event of a fire or emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter the Building. The interior conditions of the Building are not known to firefighters which pose a hazard to their safety. The interior of the Building is entirely gutted. Many sections of the first storey are missing proper floor boards; instead plywood boards have been laid sporadically across the floor joists. This has left many holes and gaps that one could easily fall through to the foundation of the Building which could cause serious injury. On the second storey there are four metal cables anchored to the left and right walls that run the width of the Building. The cables are anchored approximately one foot in height above the floor. One cable is anchored at the top of the stairs on the left side of the Building so that it has to be etP»»Prl nver from the ton sten. This creates a dangerous tripping hazard. These Subsection 6(3) or the 1sy-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: Exterior Conditions: 1. The exterior of the Building is dilapidated. The Building does not have a complete building envelop which can cause materials to rot and deteriorate. The rear exterior wall has no siding and is covered only by house wrap material. This condition has existed since 2012. Currently, this material is not tight to the Building as it should be, but is loose and flaps in the wind. On the front facade of the Building, house wrap is exposed around the front door and part of the ground floor wall. The lack of siding does not provide adequate protection of the structure. Rotten building materials can lead to damp and moldy conditions which could affect the health of any future tenants and can impact the structural integrity of the Building. 2. A front second storey window is broken. The Building directly abuts the sidewalk. If broken glass fell from this window a pedestrian on the sidewalk may be injured by the falling glass. 3. The foundation of the Building is not complete and is covered by plywood boards at the front and rear of the Building. The plywood boards do not provide full coverage of the foundation as there are many gaps between boards. This allows the elements to enter beneath the Building to the foundation. Sections of the foundation that are exposed at the front right and left side are cracked and appear deteriorated. A building permit was obtained to install a new foundation according to the specification outlined in a report by Fundy Engineering dated December 7, 2011. A permit was issued in 2011 but it expired and was closed in 2016 due to no work being completed. A second building permit was issued in 2016 again for the installation of the foundation. To date, no work has been completed and the foundation remains unfinished. An incomplete foundation can lead to deterioration of materials and structural instability. Also, the Building is leaning to the left and encroaching on the neighboring property at 82 Victoria Street. This condition is consistent with foundation issues. Interior Conditions: 1. The interior of the Building is dilapidated. The Building has been stripped and is now a shell with only exposed wooden structural members and framing. The Building is missing the necessary habitable components such as flooring, drywall, and insulation. Many windows in the Building have been removed and covered with wooden panels. These conditions are a fire hazard. Buildings in the North End have recently been the target of arson. If a fire were to occur within the Building it would spread quickly as there is nothing to impede the spread of the fire. This is an extreme hazard to the safety of the public and emergency responders. 2. There is a lack of a complete building envelope, allowing the entry of animals, rodents and precipitation. The rear ell of the Building was demolished sometime between 2011 and 2012. The exterior wall was then wrapped with Tyvek house wrap and has remained in that condition to date. The house wrap third storey. In addition, a motion alarm system ttiat notmes the amt .conn Police Force of trespassing and criminal activity has been activated at least 10 times since 2015. Each time the alarm was activated, trespassers were not found. The motion detector alarms were likely activated by animals entering the Building. Animals such as raccoons can be aggressive, carry disease, and be a nuisance for neighbors. 3. The first storey of the Building does not have a proper floor. The floor joists of the Building are exposed, with sheets of plywood laid across the joists sporadically to allow passage through the first storey. Plywood must be laid according to the National Building Code of Canada in order to provide the required load bearing. As this has not been done on the first storey, the plywood could fail under load. Also, since the plywood does not properly cover the entire floor on the first storey, there are many holes and gaps in the floor between boards and floor joists. Falling through to the foundation of the Building would cause serious injury. 4. There are four metal cables anchored to the left and right walls of the Building on the second storey, each running the complete width of the interior of the Building. They are positioned approximately one foot above floor level, therefore needing to be stepped over carefully when walking through the second storey. One of the cables is anchored at the top of the staircase on the left side of the Building and must be stepped over from the top step. Anyone in the Building who is unfamiliar with its condition may not notice these metal cables. The cables are a serious tripping hazard. 5. The roof of the Building is dilapidated and leaking. Water damage can be seen on the floor boards in the same location on both the second and third storey floor. The water damaged area is larger on the third storey and likely becomes saturated during wet weather thus leaking water to the second storey. Water damaged material can become rotten if subjected to prolonged damp conditions. If this condition is not remedied the roof structure could become further deteriorated, eventually becoming structurally unsound. Structurally Unsound Building Conditions Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of unsoundness of structural strength for the following reasons: 1. The Building is structurally unsound and does not meet code standards. The Building is significantly leaning to the left, which is visible from the front view of the Building. In addition, framing members on the interior of the building show leaning to the left. The leaning of the structure is likely related to the foundation and soil conditions. According to a report by Fundy Engineering dated December 7, 2011, the foundation requires a number of repairs in order to meet National Building Code of Canada. Two separate building permits were issued by the City for repairs, yet neither permitted work has been completed. This has left the foundation exposed and subject to further deterioration. If this condition persists or the Building is subjected to a significant load (fire load, extreme weather conditions) the Building would be in danger of further structural failure and unsoundness. that these cables serve a structural support purpose. it is unutcai 11 U11b wIMILIVii does add any structural integrity. The cables are subject to tension forces. If a cable were to fail, the potential negative effect this would have on the structural integrity of the Building is unknown and could be severe. Also, if someone were on the second storey when a cable failed it could cause personal injury. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: The Building must be must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. Acts and Regulations. llocumentea proof, that cleariy aemunsuaLcb ail aYFivvou solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: 4CaertneqLo�we, EIT Technical Services Officer Growth and Community Development Services a e a Wart, EIT Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: Amy Poffenro Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services �� Date c� Date Date If XMI1,01 10% PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN AFFIDAVIT OF SERVICE a4bo i' fv(2 of the of in the County of and Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS: I On the day of 2019, 1 served n cx, with the following documents: 0 a Notice to Comply, attached hereto as Exhibit "A"; 0 a Notice of Appeal, attached hereto as Exhibit "B"; by leaving a copy with him / her at C_A-or; C -A C, - New Brunswick. 2. 1 was able to identify the person served by means of the fact that he / she acknowledged to me he / she was cvin. r� ("A Sworn To before me at the City of Saint John, N.B., on the � day of 2019 RACHEL A VAN WART COMMISSIONER OF OATHS MY COMMISSION EXPIRE S DECEMBER 31ST, 2022 222 jovernanct, lict, 11, a.. 141, 3 ice" Jj N 11 (Loi stir la gotivernance locale, This is EXhIblt -A Refd to in the Affidavit f L.N.-B. 2017, ch. 18, par. 132(2)) egao I �L Parcel identifier: Sworn before me at the -city Of 17, umcro a identification de la parcelle: PID #376459 Saint John, New BrUnSWICk NID :376459 the d 7�of 1� Address: 78-80 Victoria St Adresse: 78-80, rue Victoria, Saint John, New Brunswick COMMiSSiOrlar Of Oaths Nouveau -Brunswick Owner(s) or Occupier(s): Name: Green, Ronald Joseph Address: 2-17 Main Street, Saint John, New Brunswick E2K 1G9 Local government giving notice: The City of Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the "By- law"). Provision(s) contravened: Subsections 6(l), 6(2) and 6(3) of the By-law. Conditions(s) that exist: The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated February 19, 2019 prepared by Catherine Lowe, EIT & Rachel Van Wart, FIT, By-law Enforcement Officer, reviewed and concurred in by Amy Poffenroth, P. Eng., By-law Enforcement Officer. What must be done to correct the condition: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. Propri6taire(s) on occupant(s) : Nom : Green, Ronald Joseph Adresse : 2-17 Main Street, Saint John, Nouveau -Brunswick, E2K 1 G Gouvernement local signiflant I'avis : The City of Saint John Arr&6 enfreint : Arrete relalifaux lieux inestheliq ties el aux baliments et constructions dangereux de Saint John, Arr&t& num6ro M-30, ainsi que ses modifications ci-aff6rentes (1' << Arr6t& >>). Disposition(s) enfreinte(s) : Les paragrapher 6(1), 6(2) el. paragraphe 6(3) de I'Arret&. Description de la (des) situation(s) : Les licux sont inesth6tiques en permettant la pr6sence de ferraille, de d6tritus et le batimcnt d6labrL Le batirrient est devenu dangcrcuse pour la s6curit6 du public du fait de son inhabitation ou de son inoccupation et est devenu dangereuse pour la s6curit6 du public du fait de son d6labrernent et du fait de manque de solidit&. Les conditions du bdtiment et des lieux cont d6crites a I'annexe << A >>, une topic conforine du rapport d'inspection en date du 19 f&vrier 2019 et pr6par6 par Catherine Lowe, IS & Rachel Van Wart, IS, agentes charg6 de 1'ex6cution des arret6s municipaux, revise ct en d'accorde avec par Amy Poffenroth, ing., une agente charg6 de 1'ex6cution des arr6t6s municipaux. Cc qu'il y a lieu de faire pour y rcm6dier: La propri6taire dolt restaurer les conditions en se confortriant aux recommendations du rapport d'inspection susmentionn& et d'amener le bAtiment et les lieux en conformit6s avec I'Arret6. Dans 1'6ventuallt& que la propri6taire ne rern6dient pas le b5timent et les lieux dans le temps prescrit par le present avis de conformit&, le b5timent pourront etre d6molis comme mesure corrective compte tenu qu'il repr6sente un danger pour la s6curit6 du public et les lieux pourront etre nettoy6s, Dans 1'6ventualit6 de demolition, tous les d6bris et autres items sur les lieux scront dispos6s comme mesure corrective dans le but de rem6dier le danger pour ]a s6curit6 du public. The aforementioned remedial actions relating to the Les mesures correctives susinentionn6es relativement items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date before which the condition must be corrected:' a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 15 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 60 days of being served with the Notice to Comply. et autres items sur les lieux ne comprennent pas le nettoyage, la remise en etat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contr6ler ou de r6duire, d'eliminer le deversement, de modifier le mode de d6versement ou le deversement d'un polluant dans ou sur Fenvironnement ou toute partie de Penvironnement. Delai imparti pour y remedier : ' a) La demolition du batiment et le nettoyage des lieux doivent etre complet6es, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent Etre soumises, dans les 15 jours qui suivent la signification de Favis de conformit6. b) Les reparations reliees aux mesures doivent etre complet6es dans les 60 jours qui suivent la signification de 1'avis de conformite. Date for giving notice of appeal: Within 14 days of Date limite pour donner Pavis d'appel: Dans les 14 being served with the Notice to Comply. jours qui suivent la notification de Favis de conformit6. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8t" Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for not complying with notice within time set out in notice:z Subsection 11 (1) of the By-law states that a person who fails to comply with the terms of a Notice to Comply given under section 7 of the said By-law, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 11 (1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 11(3)(b)(i). Processus d'appel : La propri6taire peux dans les 14 jours qui suivent la notification de Favis de conformite, envoye un avis d'appel par courrier recommand6 a la greffiere communale de la municipalite, a The City of Saint John, Edifice de Fh6tel de ville, 8e 6tage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L1. Peine possible en cas d'omission de se conformer aux exigences de Pavis dans le delai y imparti : Z Le paragraphe 11(1) de 1'Arrete pr6voit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifie aux termes de Particle 7 de ladite Arrete, commet une infraction qui est punissable en vertu de la partie 2 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction prevue au paragraphe 11(1) se poursuit pendant plus d'une journee, 1'amende minimale qui peut etre imposee est 1'amende minimale pr6vue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels Pinfraction se poursuit conformement a 1'alin6a 11(3)b)i). comply wun a 1-4vLiuv w �.viuY,Y s�.,.. ,...... .. within the time set out in the said Notice, the City may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to be repaired or demolished. Further, subsection 12(3) of the By-law states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. 4K Dated at Saint John the 1*1 day of February, 2019 Local government: The City of Saint John Signature of the officer of the local government: termes de Particle 7 de ladite Arret6 et, que le propri6taire ou ]'occupant ne se conforme pas a cet avis de conformit6 dans le d6lai imparti et tel qu'il est r6put6 confirm6 ou tel qu'il est confirm6 ou modifi6 par un comit6 du conseil ou par un juge en vertu le paragraphe 12(3) de ladite Arret6, la municipalit6 peut faire nettoyer ou r6parer les lieux de cc propri6taire ou de cet occupant ou de faire r6parer ou d6molir le batiment ou autre construction de ce propri6taire ou de cet occupant, et les couts aff6rents a 1'ex6cution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis a la charge du propri6taire ou de F occupant et deviennent une cr6ance de la municipalit6. Fait A Saint John le _ f6vrier, 2019. Gouvernement locale: The City of Saint John Signature du fonctionnaire du gouvernement local: Contact information of the officer of the local Coordonnees du fonctionnaire du gouvernement government: local: Name: Rachel Van Wart, EIT Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10"' Floor P. O. Box 1971 Saint John, New Brunswick 1321, 4L1 Telephone: (506) 658-2911 E-mail: rachel vanwart(&saintjohn.ca Fax: (506) 632-6199 Corporate seal of the local Notes: 1. All appropriate permits mus legislation must be complied with required remedial action. Nom: Rachel Van Wart, IS Adresse postale: Service de la Croissance et du D6veloppement Communautaire The City of Saint John 15 Market Square Edifice de Fh6tel de ville, 10e stage Case postale 1971 Saint John (Nouveau -Brunswick) E21, 4L1 T616phone : (506) 658-2911 Adresse 6lectronique: rachel.vanwart(a)saintjolui.ca T616copieur : (506) 632-6199 Sceau du gouvernement local Notes : 1. Tous les pennis prescrits doivent Etre obtenus et toute la legislation pertinente doit Etre respect&e pendant 1'execution des inesures de remediation. 2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de I'amende n'a pas pour effet d'annuler with the by-law, standard or notice. ('obligation de se conformer a 1'arrete, a la none ou a l'avis. 3. Costs become a debt due to the local government and may be 3. Les couts deviennent une cr6ance du gouvernement local et added to the joint local government and provincial Real Property peuvent Etre ajoutes a Pavis commun d'6valuation et d'imp6t _ _ --- ;vim A— nn,nmP ntQ ]ncni et nmvincial. 78-80 Victoria street 6 zv�..• Saint John, New Brunswick PID# 376459 S at dards (OiTicer Inspection Dates: June 7, 2018 & February 11, 2019 Inspections Conducted by: Catherine Lowe, EIT & Rachel Van Wart, EIT Introduction Inspections of the property at 78-80 Victoria Street, PID# 376459, have revealed that there is one building on the premise (the "Building"); a three-storey, three unit apartment building. Staff first became aware of the property's vacancy in June 2010 and began standard enforcement procedures. The Building has sustained two fires, one on June 11, 2010 and one on September 9, 2010. The property is located in the City's North End in an urban centre residential zone. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. There is an open building permit (BP 16-546) that has been granted an extension until June 20, 2019. The description of work for this pen -nit includes foundation repairs to the existing building and a slab for a future detached garage. As per the City of Saint John Zoning By-law, the shipping container at the rear of the property is in contravention of the Zoning by-law and is not permitted on the property as it is classified as `a container designed for commercial transport' that is functioning as an accessory structure. 8.17 Vehicle Bodies Except as otherwise provided by this By-law, a container designed for commercial transport, a farm tractor, a motor vehicle, a road building machine, a tractor engine, a tractor trailer, or any other vehicle drawn, propelled or driven by any kind of power regardless of whether such vehicle has been modified or no longer functions or resembles a vehicle, shall not be permitted in any zone as a main building or structure or as an accessory building or structure. Discussion The Building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the `By-law"). Unsightly Premise Conditions Subsection 6(1) of the By-law states: No person shall pen -nit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. 1. There is iunk, rubbish, and refuse on the property. These items include, but are of the Building; the second and third floors of the front ragaae are cuvciru in white vinyl siding. Pieces of plywood, lumber and other wood cover the foundation at the front of the Building. There are loose and broken stones at the right front corner of the Building, which may have previously been part of the foundation system. There is no siding on the rear exterior wall of the Building; old, loose, faded house wrap remains that blows in the wind. The paint is peeling from the wooden shingles on the right and left side of the Building. A section of the rear foundation is covered with plywood boards that are cracked in some locations. The entire Building structure is leaning significantly to the left. The aforementioned conditions are unsightly. Vacant and Unoccupied Subsection 6(2) of the By-law states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. Buildings in dilapidated condition that are known to be vacant can attract vandalism, arson and criminal activity. The property condition affects the quality of life of neighboring properties and negatively impacts property value of real estate in the area due to negative perceptions of unsafe and deteriorating conditions. The City of Saint John Finance department confirmed that the water has been turned off since April 2010. Saint John Energy confirmed that the power has been turned off and the meter has been removed in Apartment #2 since 2007 and Apartment #3 since 2010. 2. There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant. Many vacant buildings in the North End area have recently been the target of arson. In 2010 this Building suffered two separate fires that both originated from the first storey of the Building. The Building is now a shell with wooden floors, walls, and ceiling members exposed. There is also an accumulation of plywood and lumber on the first storey. If a fire event were to occur in the Building it would quickly spread through the Building due to the lack of any material to impede the spread of the fire. The Building is in very close proximity to 82 Victoria Street. If a fire event were to occur within the Building it could potentially spread to the neighboring occupied building. This could cause significant damage to the building and endanger the lives of the occupants. 3. There is a concern for emergency personnel safety in the event of a fire or emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter the Building. The interior conditions of the Building are not known to firefighters which pose a hazard to their safety. The interior of the Building is entirely gutted. Many sections of the first storey are inissing proper floor boards; instead plywood boards have been laid sporadically across the floor joists. This has left many holes and gaps that one could easily fall through to the foundation of the Building which could cause serious injury. On the second storey there are four metal cables anchored to the left and right walls that run the width of the Building. The cables are anchored approximately one foot in height above the floor. One cable is anchored at the top of the stairs on the left side of the Building so that it has to be 4V--- +U- +-- 0+Pr Thic rrPatPc n dangerous trinoina hazard. These Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: Exterior Conditions: 1. The exterior of the Building is dilapidated. The Building does not have a complete building envelop which can cause materials to rot and deteriorate. The rear exterior wall has no siding and is covered only by house wrap material. This condition has existed since 2012. Currently, this material is not tight to the Building as it should be, but is loose and flaps in the wind. On the front facade of the Building, house wrap is exposed around the front door and part of the ground floor wall. The lack of siding does not provide adequate protection of the structure. Rotten building materials can lead to damp and moldy conditions which could affect the health of any future tenants and can impact the structural integrity of the Building. 2. A front second storey window is broken. The Building directly abuts the sidewalk. If broken glass fell from this window a pedestrian on the sidewalk may be injured by the falling glass. 3. The foundation of the Building is not complete and is covered by plywood boards at the front and rear of the Building. The plywood boards do not provide full coverage of the foundation as there are many gaps between boards. This allows the elements to enter beneath the Building to the foundation. Sections of the foundation that are exposed at the front right and left side are cracked and appear deteriorated. A building permit was obtained to install a new foundation according to the specification outlined in a report by Fundy Engineering dated December 7, 2011. A permit. was issued in 2011 but it expired and was closed in 2016 due to no work being completed. A second building permit was issued in 2016 again for the installation of the foundation. To date, no work has been completed and the foundation remains unfinished. An incomplete foundation can lead to deterioration of materials and structural instability. Also, the Building is leaning to the left and encroaching on the neighboring property at 82 Victoria Street. This condition is consistent with foundation issues. Interior Conditions: 1. The interior of the Building is dilapidated. The Building has been stripped and is now a shell with only exposed wooden structural members and framing. The Building is missing the necessary habitable components such as flooring, drywall, and insulation. Many windows in the Building have been removed and covered with wooden panels. These conditions are a fire hazard. Buildings in the North End have recently been the target of arson. If a fire were to occur within the Building it would spread quickly as there is nothing to impede the spread of the fire. This is an extreme hazard to the safety of the public and emergency responders. 2. There is a lack of a complete building envelope, allowing the entry of animals, rodents and precipitation. The rear ell of the Building was demolished sometime between 2011 and 2012. The exterior wall was then wrapped with Twek house wrap and has remained in that condition to date. The house wrap third storey. In addition, a motion alarm system inat nuununi u„-, Daum ��... Police Force of trespassing and criminal activity has been activated at least 10 times since 2015. Each time the alarm was activated, trespassers were not found. The motion detector alarms were likely activated by animals entering the Building. Animals such as raccoons can be aggressive, carry disease, and be a nuisance for neighbors. 3. The first storey of the Building does not have a proper floor. The floor joists of the Building are exposed, with sheets of plywood laid across the joists sporadically to allow passage through the first storey. Plywood must be laid according to the National Building Code of Canada in order to provide the required load bearing. As this has not been done on the first storey, the plywood could fail under load. Also, since the plywood does not properly cover the entire floor on the first storey, there are many holes and gaps in the floor between boards and floor joists. Falling through to the foundation of the Building would cause serious injury. 4. There are four metal cables anchored to the left and right walls of the Building on the second storey, each running the complete width of the interior of the Building. They are positioned approximately one foot above floor level, therefore needing to be stepped over carefully when walking through the second storey. One of the cables is anchored at the top of the staircase on the left side of the Building and must be stepped over from the top step. Anyone in the Building who is unfamiliar with its condition may not notice these metal cables. The cables are a serious tripping hazard. 5. The roof of the Building is dilapidated and leaking. Water damage can be seen on the floor boards in the same location on both the second and third storey floor. The water damaged area is larger on the third storey and likely becomes saturated during wet weather thus leaking water to the second storey. Water damaged material can become rotten if subjected to prolonged damp conditions. If this condition is not remedied the roof structure could become further deteriorated, eventually becoming structurally unsound. Structurally Unsound Building Conditions Subsection 6(3) of the By-law states No person shall pen -nit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of unsoundness of structural strength for the following reasons: 1. The Building is structurally unsound and does not meet code standards. The Building is significantly leaning to the left, which is visible from the front view of the Building. In addition, framing members on the interior of the building show leaning to the left. The leaning of the structure is likely related to the foundation and soil conditions. According to a report by Fundy Engineering dated December 7, 2011, the foundation requires a number of repairs in order to meet National Building Code of Canada. Two separate building pen -nits were issued by the City for repairs, yet neither permitted work has been completed. This has left the foundation exposed and subject to further deterioration. If this condition persists or the Building is subjected to a significant load (fire load, extreme weather conditions) the Building would be in danger of further structural failure and that these cables serve a structural support purpose. It I5 uiiL;lcal 11 ulla ......._�_�__ does add any structural integrity. The cables are subject to tension forces. If a cable were to fail, the potential negative effect this would have on the structural integrity of the Building is unknown and could be severe. Also, if someone were on the second storey when a cable failed it could cause personal injury. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department') for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for +1,n A4o vnl nf rlPhr;c miler he nrovided to the Department. Acts and Regulations. Documented proot, that cieariy uumulinuaty , — u solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: Catherine Lowe, EIT Technical Services Officer Growth and Community Development Services a e anWart,EIT Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: Amy Poffenro . Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services Date Date NOTICE OF APPEAAVIS D'APPEL rr-i File No.: N° du dossier: BETWEEN: Appellant(s), - and - THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: ENTRE: Appelant(s), -et- THE CITY OF SAINT JOHN, Intimee. Numero d'identification de la parcelle : # NID Adresse de la parcelle : Proprietaire(s) ou occupant(s) : Nom: Adresse : Telephone: Nom: Adresse : Telephone: The above named appellant(s) is (are) not satisfied L'appelant ou les appelants susnomme(s) n'accepte(nt) with the terms and conditions set out in: pas les modalites ou les conditions qui sont enonces dans : (a) a Notice that was given under section 7 of the (a) un AVIS qui a ete donne en vertu de Particle 7 de Saint John Unsightly Premises and Dangerous I'Arrete relatif aux lieux inesthetiques et aux Buildings and Structures By -Law; or batiments et constructions dangereux dans The City of Saint John; ou (b) an Order that was issued under section 25 of the (b) une ORDONNANCE qui a ete emise en vertu de Saint John Minimum Property Standards By- Particle 25 de I'Arrete concernant les normes Law; minimales regissant les residences de Saint John and therefore appeals to the Saint John Substandard et fait ainsi appel devant le Comite des appels sur les Properties Appeal Committee. residences non conformes aux normes de Saint John. Dated at 20 Signature of owner or occupier the day of Fait a The appellant(s) intends to proceed in the English [ ] or French [ ] language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the Common Clerk within fourteen (14) days after having been given the Notice or Order at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8th Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Facsimile: 506-674-4214 Notes: 1. A Notice or Order that is not appealed within fourteen (14) days after having been given or issued shall be deemed to be confirmed. 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the Notice or Order, or extend the time for complying with the Notice or Order. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the Dremises, building or structure who brought the 20 Signature du proprietaire ou de Foccupant le L'appelant a ou les appelants ont Fintention d'utiliser la langue frangaise [ ] ou anglaise [ ] (Veuillez cocher la case appropriee). Veuillez faire parvenir votre AVIS D'APPEL par courrier recommande au greffier communal dans les quatorze (14) jours qui suivent la notification de VAVIS ou de VoRDONNANCE a Vadresse suivante : Bureau du greffier communal 15 Market Square, Edifice de 1'h6tel de ville, 8e etage Case postale 1971 Saint John (Nouveau -Brunswick) E21, 4L1 Telephone: 506-658-2862 Facsimile: 506-674-4214 Notes : 1. Un AVIS ou une ORDONNANCE dont it West pas interjete appel dans les quatorze (14) jours qui suivent la notification de FAVIS ou 1'emission de 1'ORDONNANCE est repute confirme. 2. Lors d'un appel, le Comite des appels sur les residences non conformer aux normes de Saint John doit tenir, sur le point en litige, une audience au cours de laquelle le(s) proprietaire(s) ou l'occupant ou les occupants qui interjette(nt) appel a (ont) le droit d'etre entendu(s) et peut (peuvent) se faire representer par un avocat. 3. Lors d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John peut confirmer, modifier ou annuler 1'AVIS ou l'ORDONNANCE ou proroger le delai pour s'y conformer. 4. Le Comite des appels sur les residences non conformer aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a Foccupant ou aux occupants des lieux, du batiment ou .�. lug, vvr..%,.kol v. vvvup,,.v.,-/ 11. - t,_.,. _ _ with a copy of a decision from the Saint John Substandard Properties Appeal Committee regarding a Notice, may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the by-law was not followed, or (b) the decision is unreasonable. occupants\a qui une copie d'une decision a ete fournie par le Comite des appels sur les residences non conformes aux normes de Saint John concernant un AVIS pent (peuvent), dans les quatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de 1'arrete n'a pas ete suivie, ou (b) la decision est deraisonnable. CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT -7 C SAINT JOHN, N.B. ( PID number AFFIDAVIT OF SERVICE ()JAN61 k-LESILof Saint John, N.B., Make Oath And Say As Follows: I am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On2(11 at approximately 111- 3L--')�, 4L �11 I posted a copy of the attached Notice of Common Council Hearing Letter, marked Exhibit "A" to the front door of the building that is located at I'V) Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the _,Zj` _ day of 2019 ACNE. A VAN WART COMMISSIONER OF OATHS A" COMMISSION EXPIRES DECEMBER 31 ST 2022 235 February 21, 2019 Permitting & Inspection / Service des inspections et de Yapplication By -Law Enforcement / Service dApplication des Arrk6s Municipaux Phone / T61: (506) 658-2911 Fax / T616c: (506) 632-6199 Case Number: 10-00291 Ronald Joseph Green 2-17 Main St Saint John, NB E2K I G9 I'his is Exhibit "A " Refll,,ed to in the Affidavit, �wOm =efore City Saint John, New Brunswick th e _L4�-d ay of _UJI.. CO oner____- Of Oaths Dear Sir: NOTICE OF COMMON COUNCIL HEARING Re: 78 Victoria St, PID 9 00376459 Dangerous and Vacant Building Program On February 19, 2019, a Notice to Comply was issued for the above mentioned property which required remedial action to bring the building and premises into compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law. The Notice to Comply was posted on the said property on February 19, 2019. The fourteen (14) day appeal period will expire on March 5, 2019. A compliance inspection will be carried out on March 6, 2019. If the property is not in compliance with the aforesaid By-law at the time of the inspection, City Staff will be attending the Common Council meeting scheduled on March 11, 2019 at 6:00pm p.m. to recommend that the building be demolished because it has become a hazard to the safety of the public by reason of dilapidation or by reason of unsoundness of structural strength. Please be advised that at this meeting, you can present evidence that the building is not dilapidated or structurally unsound; however, note that this meeting will be your only opportunity to do so. Thank you for your cooperation, If you have any questions, don't hesitate to contact me at (506) 658-2911. Regards, Rachel Van Wart, EIT Technical Services Officer P4-1 SAINT JOHN P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, N. -B, Canada E2L4L1 Canada E2L4L1 www-saintjohn.ca 236 I Co I Co I Co Co I Co I Co I Co Co 6 0 1 1 0 CL Co COUNCIL REPORT M&C No. 2019-35 Report Date March 01, 2019 Meeting Date March 11, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Response to Yacht Haven Lane Residents Presentation OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jennifer Brown/Jeff Hussey Jacqueline Hamilton/Mike Hugenholtz John Collin RECOMMENDATION That Common Council receive and file this report. EXECUTIVE SUMMARY The residents of Yacht Haven Lane appeared before Council on December 17, 2018 to request their private street be vested as public. The residents are asking for an increased level of service delivery as current services are provided for by a private trustee, Moorings of Millidgeville, which owns the Yacht Haven Lane right-of-way and several parcels of land at the entrance to the private development. Yacht Haven Lane was intentionally developed and marketed as a private development with maintenance being the responsibility of the trustee, similar to a condominium development. The road is therefore classified in the "P2" category; P2 roads are not serviced by the City therefore it is the responsibility of the property owner to provide snow removal and surface maintenance. There is an easement in place to allow for the City to access and maintain underground infrastructure. There are three categories for roads within the City limits, P1, P2 and, Public streets. P1 streets are private streets serviced by the City. These streets are generally part of the amalgamation agreements from 1967. These streets receive minimal surface maintenance and snow removal and curbside solid -2 - waste collection. P2 Streets like Yacht Haven Lane, receive no maintenance services from the City. Public streets are owned and serviced by the City. It is recommended Yacht Haven Lane maintain its P2 status as classifying it as a public street is not aligned with Council's priorities focused on fiscal responsibility. In considering this request, Council must consider the merit of other P2 streets being classified as public streets. Reclassifying Yacht Haven Lane sets an unrealistic precedent of increased service delivery throughout the City - a precedent the City is unable to meet due to the current challenging fiscal environment. PREVIOUS RESOLUTION On December 17, 2018, Common Council resolved that the submitted report entitled Yacht Haven Lane be referred to staff to come back to Common Council with a report. STRATEGIC ALIGNMENT This report and recommendation aligns with Council's priorities specific to valued service delivery and fiscal responsibility. REPORT Residents of Yacht Haven Lane appeared before Council on December 17, 2018 to request their private road be vested with the City as a public street. The residents provided a presentation which focused on the provision of snow clearing as they explained other servicing such as infrastructure and street lighting had been provided and paid for by the developer of the original subdivision. There is an extensive history of development applications associated with the parcel of land now known as Yacht Haven Lane. In the mid- to late -1990s, the City received several iterations of subdivision plans which varied in housing type and number. On May 10, 1999 Council approved a Municipal Plan Amendment and Rezoning subject to Section 39 (now 59) conditions to accommodate a 23 unit residential subdivision, "The Moorings of Millidgeville", with a mixture of single- and two-family dwellings. The Section 59 condition most relevant to this discussion required the individual deeds for all the proposed lots and part -lots to indicate the proposed Yacht Haven Lane is a private access that will not be maintained by the City. Previous to Council's May 10, 1999 approval, the Planning Advisory Committee approved several variances to facilitate the proposed subdivision plan at Yacht Haven Lane. The variances are detailed as follows: fPzVA -3- a) To permit a right-of-way width of 15 metres (50 feet) for the proposed extension of Manners Sutton Road, whereas the Subdivision By-law requires a minimum width of 20 metres (66 feet); b) To permit a lot depth for proposed Lot 21, ranging from 25 to 30 metres (82 to 100 feet), whereas the Subdivision By-law requires a minimum depth of 30 metres (100 feet); c) To permit front yards of 6 metres (20 feet) for proposed lots 1 to 12 and 22 to 23, whereas the Zoning By-law requires minimum front yards of 7.5 metres (25 feet); d) To permit rear yards of 6 metres for proposed Lots 3 to 12, whereas the Zoning By-law requires minimum rear yards of 7.5 metres (25 feet); e) To permit side yards of 1.5 metres (5 feet) or larger for proposed Lots 1 to 12 and 22 to 23, whereas the Zoning By-law requires minimum side yards of 10 percent of the lot width; and f) To permit lot occupancies of up to 49 percent for proposed Lots 1 to 12, whereas the Zoning By-law permits a maximum lot occupancy of 40 percent. The Moorings of Millidgeville subdivision was intentionally developed on a private street. The developer had identified a gap in the housing market and was seeking to respond. The development was described in the original application as providing a "relaxed lifestyle" to seniors and empty -nesters who had "...expressed interest in living in a single storey carefree unit where snow plowing, lawn care, etc., is provided". The subdivision design took into account the constraints of the small peninsula on which the lots were to be created. In order to accommodate the desired number of units, the developer infilled parts of the peninsula, decreased the width of the right-of-way, and reduced the width of the turning circle. The private street was therefore built below the City's specifications at the time of the approval and remains sub -standard today. Municipal Operations expressed concerns with each development proposal submitted at the site, including the existing Yacht Haven Lane development. City Engineers expressed the necessity for individual deeds to proposed lots identify the street as private with no maintenance provided by the City. City Engineers also opposed the decrease in the right-of-way width, preferring it be built to City Specifications as they anticipated future residents would expect the City to carry out any major maintenance once it was required. Council and the Planning Advisory Committee placed conditions on the development which aimed to align with and mitigate the concerns presented by City Engineers. It is not recommended Yacht Haven Lane be incorporated into the City's inventory at this time. The degree of work necessary to have the right-of-way vested with the City is substantial: • The right-of-way is privately owned and therefore would need to be acquired through private sale or expropriation; Q111:3 -4- • A subdivision application would be required to separate the right-of-way from the remaining building lots. This subdivision would be subject to Lands for Public Purposes (LPP). An exemption to this requirement requires Council approval; • A Section 59 Amendment would be required to remove conditions pertaining to the development being on a private street; • All property titles would need to be amended; and • An analysis of the existing private services (asphalt, sidewalk, curbing, and lighting) would need to be undertaken to assess their condition and suitability within the City's standards and specifications. It is possible the current private standards could not be upheld once maintenance becomes required. Where the development was purposefully created as a private street intentionally constructed below the City's road specifications of the day, Yacht Haven Lane is best suited as a private street. The residents on this street were fully aware of the private status of the road when they bought into the development. SERVICE AND FINANCIAL OUTCOMES The City has 1,160 lane kilometres within the City limits to which the City provides services; this includes all the P1 roads. There are approximately 30 lane kilometres that compromises the roads in the P1 category. Additionally, there are approximately 75 lane kilometres of P2 roads the City does not service. The P1 roads serviced by the City which receive a minimal level of service represent 2.6% of the serviceable lane kilometres within the City limits. The annual maintenance for these P1 roads costs approximately $280,000. Most of these roads are not built to City specifications and lack proper road construction and drainage. If the City were to take full ownership of these roads, they would need to be brought up to the City's current road specifications for a rural road. The associated cost with this increase in City maintained infrastructure is estimated to be in excess of $10 million. The P2 roads, within the City limits, which currently receive no City service, represent approximately 6.5% of the City's total serviced road inventory. The estimated cost associated with the City assuming responsibility for winter maintenance on the P2 roads is approximately $375,000 per year. If summer maintenance is also included this figure rises to over $700,000. Alternatively, the City could take on this service within existing budgets by decreasing the level of service everywhere else. If these streets were taken on as public streets then additional costs would also apply. The estimated cost of bringing these private roads up to the City's current road specifications for a rural road could be tens of millions of dollars plus -5 - ongoing lifecycle costs. It would take a considerable amount of analysis to improve the level of certainty of this estimate. The 2019 General Operating Budget is currently in a structural deficit position. This year the City is relying on over $7million in short term financial assistance from the Province to balance the books. This amount is expected to rise in 2020 before ending in 2021. Closing this gap will likely require a combination of revenue increases and significant service reductions. The 2019 State of the Infrastructure Report pegged the infrastructure deficit at $433 million. A decision to expand service delivery or to take on new infrastructure at this time would erode the City's position even further on both of these fronts. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor was consulted on this file and has provided comment through this report. ATTACHMENTS 1. Aerial imagery of Yacht Haven Lane with trustee lands highlighted 184797 -6- 251 COUNCIL REPORT M&C No. M&C 2019-37 Report Date March 01, 2019 Meeting Date March 11, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Provincial Request for Deer Nuisance Program OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Tim O'Reilly/Emilie Murphy Michael Hugenholtz John Collin RECOMMENDATION Your City Manager recommends that Common Council endorse a request to the provincial Minister of Energy and Resource Development that the Nuisance Deer Management Assistance Program be implemented within the territorial boundaries of The City of Saint John, and further that the Common Clerk be directed to provide the Minister with a copy of this resolution. EXECUTIVE SUMMARY In September of 2017, Common Council directed City staff to investigate ways to mitigate problems caused by the deer population, including liaison with the Province. Staff subsequently provided advice that a multi -faceted approach would provide the best means of reducing the deer population and/or managing the associated risks of property damage, vehicle accidents, and the spread of lyme disease. Through a series of Council reports since September 2017, staff sought support for, and followed up on several measures, including: • Installing traffic warning signs now alert motorists in areas of higher risk deer accidents through the analysis of quality accident data available to the Saint John Police Force, • Continuing and enhancing public communications that describe the risks of deer population in urban areas and suggests ways citizens can help control the population continues including the impact feeding deer has on encouraging higher urban deer populations, and • Enhancting a by-law prohibiting feeding to further encourage residents not to feed deer. City staff refers Council to the attached M&C 2019-18 for further background. PM -2 - An available Provincial Nuisance Deer Management Assistance Program has also been suggested by staff. This program would encourage a reduction in the population of deer through an enhancement to the current provincial bow hunting regulations. PREVIOUS RESOLUTION At its February 25, 2019 meeting Common Council endorsed 3rd Reading of a by- law that would prohibit feeding of deer. Previous resolutions are also referenced in the attached M&C 2019-18. REPORT The Executive Summary section of this report and previous Council reports described staff's overall recommended plan to respond to Council's original motion from September 2017. Staff does want to take this opportunity to reiterate that reducing the urban deer population or managing associated risks is not an easy problem to solve, particularly with any one solution. Best practices used in other juristictions highlight limitations of any one solution and identified the need for a multi- faceted approach as has been recommended by City staff for Saint John. City staff is recommending the final approach to this overall plan, being a request to the Province to allow their Nuisance Deer Management Assistance Program to be implemented in Saint John, first in Millidgeville. At your February 11, 2019 meeting, members of Council questioned different aspects of the recommended multi -faceted solution. At the suggestion of your City Manager, City staff committed to returing to Council at a future meeting to provide more detailed answers to questions. Safety of Bow Hunting in Millidgeville as Part of Nuisance Program One theme of questions asked by Council members at the Febuary 11 meeting included how bow hunting could be safe in the neighbourhood. Specific paraphrased questions included: 1. Are the bow hunters involved in the program qualified? 2. What happens if a bow hunter trespasses on someone's property while hunting? A suite of measures are in place as part of the Provincial Nuisance Program to help bow hunting be implemented as safely as possible: 184*1 -3- • City staff has recommended the program be implemented in a small part of the City (Millidgeville) for the first year (2019) to help manage the program. • A property owner must give permission for their property to be used for hunting. This allows property owners who wish not to participate in the program for any reason (safety concerns or otherwise) to opt -out without any action being taken. • Bow hunters must not hunt within 100 metres of a dwelling on a property in which the owner did not give permission. • The Provincial Department of Energy & Resource Development (DERD) will review each property for safety before it is approved for hunting. For instance, the Department completes site visits where hunting may occur within 100 metres of the dwelling on that property. • Bow hunters are given map(s) with areas approved for hunting. • Bow hunters must take a Provincially -endorsed mandatory hunter education course before being considered qualified to be issued a hunting permit. This course includes a practical shooting test to demonstrate accuracy. • Although the course is taken once by a hunter, the Provincial Department of Energy & Resource Development (DERD) may refuse a hunter a hunting permit in a given year if the individual has obtained a criminal record or has previously violated hunting regulations. • Property owners who are approved to use their property for hunting also get to choose the qualified hunter. • Conservation Officers with the Provincial Department of Justice would make a presence during the hunting season to ensure compliance with the program and complete enforcement when necessary, including ensuring hunting is not being completed on unapproved property. These officers would have a better understanding than the Saint John Police Force of the hunting regulations and nuisance program details, including knowing which properties are part of the program. • The Nuisance Program has been implemented for several years in other parts of the Province to allow opportunities for improvement. • Although more related to hunting generally (hunting as part of the program can only be completed on approved property), property owners of larger properties (i.e. where bow hunting can occur further than 100 metres of the dwelling on that property) can place signs indicating "No Hunting" or red disks or red painted bands to mark a property as "No Hunting". It would be a violation of the provincial hunting regulations for a hunter to ignore these signs. Enforcement of the By -Law Respecting Feeding of Deer The other theme of questions raised at the February 11 Council meeting considered enforcement of the new by-law, such as: Kell I -4- 1. Do planting certain plants or trees that attract deer such as an apple tree be considered a violation?, and 2. How do complaints from a neighbour translate into someone being found in violation of the by-law and pay a fine? One must "feed or otherwise purposefully attract deer" to be considered in violation of the by-law. The City would need to demonstrate in court that someone planted a tree to attract deer, which would be difficult to prove. Someone must plead guilty or be found guilty in court before being considered in violation of the by-law and pay a fine. Proving guilt would be the City's responsibility and would likely require multiple pieces of evidence. One complaint by a neighbour that results in a notice requesting compliance would not be sufficient. The neighbour that lodged the complaint would also need to be willing to testify under oath what they witnessed. As previously reported to Council, resource limitations and competing legal priorities would make it difficult for the City to justify pursuing a charge in court. The additional challenge of limited evidence, sometimes being neighbours' witness of the act and willingness to testify in court, would further hamper the ability to achieve successfully enforcement. To be clear, pursuing successful enforcement in court is not expected. Staff's consistent recommendation has been to only resource minor enforcement activities, issuing voluntary compliance request letters. In reality, staff believe the best outcome of having the by-law is to help encourage citizens not to feed the deer and achieves one of the several pre -requisites the DERD have identified in considering approving the Nuisance Program for the City. Opportunities for Further Community Questions DERD staff would coordinate a public information session with City staff prior to the 2019 hunting season if both Council and the Minister of DERD endorses the Nuisance Program for the City. Members of the community would be able to ask further questions about the program at this meeting. City staff will also ensure information is communicated to the public generally about the program. STRATEGIC ALIGNMENT A Nuisance Deer Management Program for the City would support Council's priority of a Vibrant, Safe City and help improve the liveabilty of neighbourhoods in Millidgeville and beyond to support residential growth. SERVICE AND FINANCIAL OUTCOMES Please refer to M&C 2019-18. K&I -5 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Please refer to M&C 2019-18 for previously documented input. The Provincial Department of Energy & Resource Development provided facts and advice for this report. City staff discussed with the City's Chief of Police the role that the Saint John Police Force may play in this program, specifically related to compliance of bow hunters. Enforcing hunting rules would not be considered a core service that our police force provides. The Chief agrees with the plan to have Provincial Conservation Officers take the lead on related enforcement. The Chief recommends an effective public communications plan to include contacts for the Provincial officers when concerns arise from citizens related to the Nuisance Program. Even though enforcement would reside with the Province and the Police Force would direct calls for service accordingly, the Chief noted the risk of added initial calls for service to the Public Safety Communication Centre and Police Force. The Chief also noted the heightened obligation placed on the the police force to provide quality customer service regardless if the issue at hand is a core police service, including in customer requests related to the Deer Nuisance Program. ATTACHMENTS Draft letter to Minister of Energy & Resource Development M&C 2019-18 1847-1 February 26, 2019 Hon. Mike Holland, Minister of Energy and Resource Development Hugh John Flemming Forestry Centre P. O. Box 6000 Fredericton, NB E313 5H1 Hon. Mike Holland, Minister of Energy and Resource Development, RE: Nuisance Deer Management Assistance Program As per resolution of Common Council of the City of Saint John on February 11, 2019, please accept this letter as an official request for Saint John to be considered for inclusion in the Nuisance Deer Management Assistance Program (NDMAP) administered by the Department of Energy and Resource Development. As per pre -conditions stipulated in a letter from your department dated September 14th, 2018, the City of Saint John has: 1. Enacted a bylaw prohibiting the feeding of deer, 2. Allowed private property owners to protect their properties from deer by means of approved fences (current City bylaws already satisfy this requirement), 3. Issued a public survey to which 73.5% of respondents indicated that they are in support of a NDMAP, and 4. Are prepared to act as a receiver of applications from residents interested in receiving NDMAP permits. City staff has worked with your department's staff to target and delineate a specific focus area for the NDMAP in 2019 (Millidgeville area), which may expand to other areas of the City in future years. City staff looks forward to continuing to work with DERD management biologists to ensure a positive and efficient implementation of the program. Thank you for your consideration, Don Darling Mayor, the City of Saint John SAINT JOHN PIRFA COUNCIL REPORT M&C No. M&C 2019-18 Report Date February 05, 2019 Meeting Date February 11, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Nuisance Deer Management Program OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Emilie Murphy, Tim O'Reilly Michael Hugenholtz John Collin RECOMMENDATIONS City staff recommends that Common Council: 1. Give first and second reading to "A By -Law Respecting the Feeding of Deer Within The City of Saint John" as attached to M&C 2019-18; and 2. Subsequent to third reading of the by-law described in (1), request of the provincial Minister of Energy and Resource Development that the Nuisance Deer Management Assistance Program be implemented within the territorial boundaries of The City of Saint John, and further that the Common Clerk be directed to provide the Minister with a copy of this resolution. EXECUTIVE SUMMARY In September of 2017, Common Council directed City staff to investigate ways to control the deer population in Millidgeville. Subsequently, a proposed nuisance deer management program has been endorsed by the majority of City residents who responded to a recent survey. The management program, which will be rolled out in the Millidgeville area first, allows bow hunters to take a deer on approved private property in addition to what a bow hunter would be permitted to hunt normally. The nuisance program is part of a larger suite of management solutions the City is implementing to mitigate the impacts deer have on public safety and property damage. Public communications, traffic signs in high risk deer accident areas, and enacting a by-law prohibiting feeding of deer solutions in addition to the proposed nuisance program. 148 258 -2 - In order to seek Provincial approval of the Nuisance Program, the City was required to complete 5 tasks. Staff is pleased to report that we are in a position to have all 5 tasks completed pending Council approval: Requirement Results Conduct a public survey to Survey is complete and 73.50 of document degree of support respondents support program Enact a "Don't Feed the Deer" by- By-law prepared for Council's law consideration Allow property owners to protect City's existing by-laws allow for their properties fencing with sufficient height City must receive and vet property City staff will complete this with owner approval requests existing resources 14 Formal request letter from Mayor Draft letter prepared for Council :V� and Council endorsement PREVIOUS RESOLUTION In April 2018 (via M&C 2018-118) Common Council endorsed the following actions by City staff to assist managing the urban deer population and lyme disease in the City: I. Continue a communication program that advises the public how they can help control the deer population and protect themselves against lyme disease, 2. Install Deer Crossing roadway warning signage on Millidge Avenue, University Avenue, Hickey Road, and Heather Way, and 3. Conduct an information session and a survey of property owners in the Millidgeville area with a follow-up report back to Common Council as first steps toward a possible Nuisance Deer Management Program. In October 2018, City staff updated Council on this file via M&C 2018-279. It was clarified the survey would be expanded to all citizens and would be issued soon after the update to Council. The information session would happen after the Province considers approving the program for the City. Through discussions with the Province before and after the October update, the Province clarified the City can indeed limit the program to specific area(s) within the City. Staff continues to recommend a concentration in the Millidgeville area first as a pilot. REPORT City staff have been working on three of the outstanding requirements to consider seeking provincial approval of the Nuisance Program including the public survey, the by-law, and drafting the approval request letter that would be sent to the Province. 149 259 3, Public Survey A survey had been issued to all residents of the City of Saint John in the Fall of 2018. Overall, 73.5% of respondents support the City implementing a Deer Nuisance Management Program. Details of the survey are attached to this report. As part of the survey, residents provided postal codes in order to gather statistics based on neighbourhoods. 75% of respondents in the Millideville area supported the program, which was even higher than the City average. Recall this area also had high vehicle/deer accidents. By-law and Enforcement A new by-law "Respecting the Feeding of Deer in the City of Saint John" has been prepared to satisfy one of the Provincial requirements as attached to this report for Council's consideration. City staff recommends a defined level of funded enforcement of this new by-law. The SPCA Animal Rescue currently has a service agreement with the City to enforce most aspects of the City's Dog Control By-law, and has provided a cost proposal for a minimal level of enforcement service for this new by-law. Enforcement would involve receiving and logging calls, and issuing one compliance enforcement letter at the cost of $60 per incident, and a $50 monthly fee. City staff would consider recommending $5000 be approved as part of the 2020 General Fund Operating budget to support enforcement. There would be no further enforcement action expected beyond the issuing of compliance enforcement letters by the SPCA Animal Rescue. 2019 would be considered an educational year. In 2013, consecutive reports by the City Solicitor and the Growth & Community Services Department addressed a prior Council resolution to enact such a by-law. The City Solicitor's report confirmed the City's authority to enact such a by-law and cautioned the practicality of residents being willing to lodge a complaint and testify against neighbours. The Growth & Community Services Department's report reiterated the difficulties of neighbours testifying against each other and clarified that the limitations of existing enforcement and legal resources, coupled with focus ion other greater priorities, are not available to administer complaints and follow-up with a charge in Provincial Court when needed. Staff reiterate that expectations of enforcement beyond limited issuance of compliance letters (with the associated funding and SPCA agreement) needs to be managed. 150 260 -4 - Nuisance Deer Management Program Request Letter A formal request to the Minister of Energy and Resource Development to include the City of Saint John in the Nuisance Deer Management program is attached in draft format for Council's consideration. This must be sent following the enactment of the bylaw. Scope of 2019 Program As discussed previously with Common Council, staff are recommending the Millidgeville area be the focus of the Nuisance Program in 2019 as shown outlined in red below. The area has been vetted with the Department of Energy and Resource Development for properties that would be likely candidates for the program. Future Steps If and After Provincial Approval is Granted Public Information Sessions — For those residents who have questions or concerns regarding the nuisance deer management program, ERD will host a public information session. This will happen once the City's formal request for participation in the program has been approved by the Minister, anticipated to 151 261 -5 - be arranged in the coming months. Furthermore, a public information fact sheet will be posted on the City of Saint John website as well as the ERD website. This fact sheet is attached to this report. Program Implementation — All residents who are interested in participating in the program would have to apply to to ensure their individual property, or a grouping of neighbouring properties, qualifies for the program. City staff would vet the applicants to ensure that their PIDs are within the delineated boundary. ERD will assess each application on an individual basis to ensure there are no land layout or public safety concerns. If approved, the property owner would contact a licensed hunter and give them permission to shoot one antlerless deer (which would be in addition to their own tag) on their property. This program would take place during the regular hunting season only. City staff will maintain a list of licensed hunters and their area of residence, who are interested in participating in the program. STRATEGIC ALIGNMENT A Nuisance Deer Management Program for the City would support Council's priority of a Vibrant, Safe City and help improve the liveabilty of neighbourhoods in Millidgeville and beyond to support residential growth. SERVICE AND FINANCIAL OUTCOMES A Nuisance Deer Management Program would provide residents in areas of the City impacted by concentrated deer populations to have yet another tool (beyond the signage, communications and by-law) to help address their concerns. Current City staff resources have been used to manage this project and are expected to be sufficient to implement the program, at least for the pilot planned for the Millidgeville area. Limited planned enforcement would require $5000 to be approved as part of the 2020 General Fund Operating budget, although Council would be able to consider this plan within the budget approval process. An agreement with SPCA Animal Rescue will also be required if funds in 2020 are approved. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff from the Province's Department of Energy and Resource Development have helped clarify the Nuisance Program requirements. Staff from the City's Growth & Community Services Department have assisted in proposing the planned by-law enforcement plan. 152 262 The City Solicitor's Office has developed the proposed by-law. The Cherry Brook Zoo has confirmed they would take deer to feed their animals if hunters wish not to keep them themselves. ATTACHMENTS A By -Law Respecting the Feeding of Deer Within The City of Saint John Survey questions Survey results Map of results Public Information Fact Sheet Draft Letter to Minister 1 53 263 Don Darling, Mayor 15 Market Square Saint John, NB E2L 4L1 Dear Mayor Darling, As Executive Director of the Vimy Foundation, I want to thank you and your city for hosting special ceremonies and activities last year that commemorated the Centennial of the end of the First World War and the signing of the Armistice. A devastating war, the First World War was also an important moment for Canada. Thanks to our contributions, on and off the battlefield, Canada received a negotiating position at the Versailles Peace Conference in 1919 and furthered the case for consideration as an autonomous nation. In 2006, the Vimy Foundation was formed with the mandate of preserving and promoting Canada's First World War legacy, as symbolized by the victory at Vimy Ridge in April 1917. Since then, the Foundation has designed and distributed more than 150,000 unique Vimy pins and medals, created high quality education resources for thousands of teachers and schools across Canada, facilitated, funded annual student 'pilgrimages' to Vimy, and completed the $10 million Vimy Visitor Education Centre in France, opened in April 2017. Most recently, the Foundation opened the Vimy Centennial Park in a ceremony in November 2018, which was visiting by Prime Minister Justin Trudeau, and Minister of Veterans Affairs Seamus O'Regan. Please visit www.vimyfoundation.ca to learn more about what we have accomplished. The Vimy Foundation Centennial Park features one hundred Vimy Oaks, descendants of acorns collected from the battlefield by Canadian solider Leslie Miller following the battle at Vimy in 1917 and is located adjacent to the famous Vimy Memorial. The space was designed by Canadian landscape architect Linda Dicaire, and includes pathways, educational signage, view planes of the Vimy monument, a bronze Bugler, commemorative flagpoles, and uniquely designed benches. It is already well visited and provides a space to reflect the battlefield and the monument. Elements in the park are 90% sold, and include contributions from corporate Canada, local legions, provinces, NGO's, service clubs, cadets, individuals, and a $350,000 gift from the Province of British Columbia; however, there is still time for the City of [name] to participate. I am writing to you to request that the City of Saint John consider a First World War Legacy Gift in the form of a Vimy Centennial Bench ($25,000) to be placed inside the picturesque and reflective setting of the Vimy Foundation Centennial Park, or a Vimy Oak tree ($10,000), which are planted throughout the park. The City could dedicate either element to local veterans and serving army members and acknowledge the contribution of its citizens to the Canadian war effort in the First World War. The dedication would appear on the beautifully designed wall that encircles the park interior. I welcome the opportunity to speak with you further about how your city could contribute a one-time, unique legacy gift in honour of Saint Johners who served so bravely a century ago. Thank you for your consideration. Yours sincerely, Caitlin Bailey, Executive Director (Interim) The Vimy Foundation cbailey@vimyfoundation.ca or 416.595.1917 1470 rue Peel, Suite 726, Montr6al, QC H3A 1T1 514.904.1007 1200 University Ave. Toronto ON M5H 3C6 416.595.1917 info@vimyfoundation.ca I vimyfoundation.ca I Charity Business Number 1 Num6ro d'enregistrement 84801 6523 RR0001 l °" , i y7 r Y pp p, i THE VIMY FC7UNDATION ^ LA FONDATION VIMY January 24, 2019 Don Darling, Mayor 15 Market Square Saint John, NB E2L 4L1 Dear Mayor Darling, As Executive Director of the Vimy Foundation, I want to thank you and your city for hosting special ceremonies and activities last year that commemorated the Centennial of the end of the First World War and the signing of the Armistice. A devastating war, the First World War was also an important moment for Canada. Thanks to our contributions, on and off the battlefield, Canada received a negotiating position at the Versailles Peace Conference in 1919 and furthered the case for consideration as an autonomous nation. In 2006, the Vimy Foundation was formed with the mandate of preserving and promoting Canada's First World War legacy, as symbolized by the victory at Vimy Ridge in April 1917. Since then, the Foundation has designed and distributed more than 150,000 unique Vimy pins and medals, created high quality education resources for thousands of teachers and schools across Canada, facilitated, funded annual student 'pilgrimages' to Vimy, and completed the $10 million Vimy Visitor Education Centre in France, opened in April 2017. Most recently, the Foundation opened the Vimy Centennial Park in a ceremony in November 2018, which was visiting by Prime Minister Justin Trudeau, and Minister of Veterans Affairs Seamus O'Regan. Please visit www.vimyfoundation.ca to learn more about what we have accomplished. The Vimy Foundation Centennial Park features one hundred Vimy Oaks, descendants of acorns collected from the battlefield by Canadian solider Leslie Miller following the battle at Vimy in 1917 and is located adjacent to the famous Vimy Memorial. The space was designed by Canadian landscape architect Linda Dicaire, and includes pathways, educational signage, view planes of the Vimy monument, a bronze Bugler, commemorative flagpoles, and uniquely designed benches. It is already well visited and provides a space to reflect the battlefield and the monument. Elements in the park are 90% sold, and include contributions from corporate Canada, local legions, provinces, NGO's, service clubs, cadets, individuals, and a $350,000 gift from the Province of British Columbia; however, there is still time for the City of [name] to participate. I am writing to you to request that the City of Saint John consider a First World War Legacy Gift in the form of a Vimy Centennial Bench ($25,000) to be placed inside the picturesque and reflective setting of the Vimy Foundation Centennial Park, or a Vimy Oak tree ($10,000), which are planted throughout the park. The City could dedicate either element to local veterans and serving army members and acknowledge the contribution of its citizens to the Canadian war effort in the First World War. The dedication would appear on the beautifully designed wall that encircles the park interior. I welcome the opportunity to speak with you further about how your city could contribute a one-time, unique legacy gift in honour of Saint Johners who served so bravely a century ago. Thank you for your consideration. Yours sincerely, Caitlin Bailey, Executive Director (Interim) The Vimy Foundation cbailey@vimyfoundation.ca or 416.595.1917 1470 rue Peel, Suite 726, Montr6al, QC H3A 1T1 514.904.1007 1200 University Ave. Toronto ON M5H 3C6 416.595.1917 info@vimyfoundation.ca I vimyfoundation.ca I Charity Business Number 1 Num6ro d'enregistrement 84801 6523 RR0001