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2023-06-12_Agenda Packet--Dossier de l'ordre du jour /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ /ƚƒƒƚƓ /ƚǒƓĭźƌ aĻĻƷźƓŭ aƚƓķğǤͲ WǒƓĻ ЊЋͲ ЋЉЋЌ Committee of the Whole Њ͵ /ğƌƌ Ʒƚ hƩķĻƩ Si vous avez besoin des services en français pour une réunion 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: Ɠķ ЍʹЉЉ Ʀ͵ƒ͵Ͳ Ћ CƌƚƚƩ .ƚğƩķƩƚƚƒͲ /źƷǤ Iğƌƌ 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Employment Matter 68(1)(b,f) 1.4 Employment Matter 68(1)(b,f) 1.5 Legal Matter 68(1)(f) 1.6 Legal Matter 68(1)(f) 1.7 Financial Matter 68(1)(c,f) Ville de Saint John Séance du conseil communal Lundi 12 juin 2023 18 h 15 e 2 étage, salle du conseil municipal, Hôtel de Ville Un moyen de communication électronique sera utilisé lors de cette réunion. Le public peut assister à la réunion en personne dans la salle du conseil ou la regarder sur le site Web de la ville (www.saintjohn.ca) ou sur Rogers TV. Comité plénier 1. Ouverture de la séance Si vous souhaitez obtenir des services en français pour une séance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. privé en vertu des dispositions prévues au paragraphe 68(1) de la \[ƚź ƭǒƩ ƌğ ŭƚǒǝĻƩƓğƓĭĻ ƌƚĭğƌĻ. Le conseil/comité prendra une ou des décisions à cet égard au cours de la séance publique : e 16 h Comité plénier à huis clos Salle de conférence du 2 étage 1.1 Approbation du procès-verbal 68(1) 1.2 Question financière 68(1)(c) 1.3 1.4 1.5 Question juridique 68(1)(f) 1.6 Question juridique 68(1)(f) 1.7 Question financière 68(1)(c,f) Séance ordinaire 1. Ouverture de la séance 1.1 Reconnaissance du territoire 1.2 Hymne national 2. Approbation du procès-verbal 2.1 Procès-verbal du 23 mai 2023 4. 5.1 Amélioration du poste de relèvement du terrain de golf de Rockwood Park (recommandation dans le rapport) 5.2 Amélioration du drainage du barrage du lac Menzies et de la route 5.3 (recommandation dans le rapport) 5.4 Remplacement de la flotte juin 2023 (recommandation dans le rapport) 5.5 Servitude de services publics locaux proposée Shamrock Court (recommandation dans le rapport) 5.6 dans le rapport) 5.7 : 11 Blue Rock Court (Recommandation dans le rapport) 5.8 Contrat n° 2021-18 : Candlewood Lane Séparation des égouts (recommandation dans le rapport) 6. Commentaires présentés par les membres 7. Proclamation 7.1 Journée mondiale du cancer du rein dans la ville de Saint John 15 juin 2023 8. Délégations et présentations 9. Audiences publiques 9.1 26 Foley Court 9.2 639 Manawagonish Road 9.3 Proposition de modification du règlement de zonage 33 Birch Grove ree Terrace (1 et 2 lecture) 9.4 ree de Retail Drive (1 et 2 lecture) 10. Étude des arrêtés municipaux 11. Interventions des membres du conseil 12. Affaires municipales évoquées par les fonctionnaires municipaux 12.1 Mise à jour du dirigeant principal administratif sur certains projets catalytiques et de défense des intérêts (verbal) 12.2 10 Réimagination de Market Square 13. Rapports déposés par les comités 13.1 Comité de croissance : Examen des dispositions régissant la procédure et normes de Saint John. 14. Étude des sujets écartés des qu 15. Correspondance générale 15.1 Circular Materials Atlantic et des emballages Demande de présentation (Recommandation : Demander au greffier de programmer la présentation) 15.2 Initiatives zéro déchet Éducation - Demande de présentation (Recommandation : Renvoyer au dirigeant principal administratif pour le suivi) 16. Ordre du jour supplémentaire 17. Comité plénier 17.1 Déménagement du magasin général Barbours 18. Levée de la séance COMMON COUNCIL / CONSEIL COMMUNAL May 23, 2023 / le 23 mai 2023 MINUTES REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN MAY 23, 2023 AT 6:00 PM ND 2 FLOOR COMMON COUNCIL CHAMBER, CITY HALL An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the Website (www.saintjohn.ca) or on Rogers TV͵ Present: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor-at-Large Gary Sullivan Councillor Ward 1 Greg Norton Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 3 David Hickey Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Absent: Councillor Ward 1 Joanna Killen Councillor-at-Large Brent Harris Also Present: Chief Administrative Officer (CAO) B. McGovern Acting General Counsel J. Boucher Financial Director J. Forgie Commissioner Human Resources S. Hossack Fire Chief K. Clifford Commissioner Utilities & Infrastructure Services I. Fogan Commissioner Growth & Community Services J Hamilton Director Communications L. Caissie Commissioner Public Works & Transportation M. Hugenholtz Director Legislative Services / City Clerk J. Taylor Manager Legislative Services / Deputy City Clerk P. Anglin 1. Call to Order 1 COMMON COUNCIL / CONSEIL COMMUNAL May 23, 2023 / le 23 mai 2023 1.1 Land Acknowledgement Councillor Sullivan read aloud the Land Acknowledgement and called for a moment of reflection. the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands 1.2 National Anthem The Saint John Symphony Youth Orchestra performed O Canada by video. 2. Approval of Minutes 2.1 Minutes of May 15, 2023 Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that the minutes of May 15, 2023, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that the agenda of May 23, 2023, be approved with the addition of items: 17.1 Letter to Minister re: Bill 45 Local Governance Commission Act; 17.2 CMHC Request for Termination of 1957 Agreement; 17.3 Listing Agreement with Brunswick Brokers; and 17.4 Termination of City Market Lease Shawarma Hut and Initiation of New Lease with Katsubi MOTION CARRIED. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2023-132: , Common Council approve the following: ЊΜ That the City provides estimated volumes of bulk fuel usage (furnace oil and propane) to the Province Tender #36175-23 for bulk fuels; and 2) That the Mayor and Common Clerk be authorized to execute the Memorandum for Procurement of Bulk Fuels attached to this report. 2 COMMON COUNCIL / CONSEIL COMMUNAL May 23, 2023 / le 23 mai 2023 5.2 RESOLVED that as recommended in the submitted report M&C 2023-134: Assent to Money-in-lieu of Land for Public Purposes, 15 Lloyd Street Common Council assent to money-in-lieu of Land for Public Purposes for the proposed Subdivision at 15 Lloyd Street. 5.3 RESOLVED that as recommended in the submitted report M&C 2023-135: Assent to Money-in-lieu of Land for Public Purposes, PIDs 00337386 and 00370429 Common Council assent to money-in-lieu of Land for Public Purposes for the proposed Subdivision at PIDs 00337386 & 00370429 located on McIlveen Drive. 5.4 RESOLVED that as recommended in the submitted report M&C 2023-130: TD Station Replacement of the plate heat exchanger gasket the 2023 capital budget be adjusted by re-allocating $25,000 from the replacement of Domestic Hot Water (DHW) boiler project at TD Station to the installation of new gasket of the plate heat exchanger project at TD Station. 5.5 RESOLVED that as recommended in the submitted report M&C 2023-137: Canada Day 2023 Fireworks Display Common Council authorize staff to enter into a formal Agreement with Fireworks FX Inc. in the delivery of a fireworks display during Canada Day 2023 celebrations. 5.6 RESOLVED that as recommended in the submitted report M&C 2023-138: Proposed Public Hearing Date: 384 Lancaster Avenue and lands adjacent to 2100 Sandy Point Road Common Council schedule the public hearing for the Zoning Bylaw rezoning and Section 59 application submitted by Paul Chiu for 384 Lancaster Ave (PID: 00386466) and the Zoning By-law Section 59 application submitted by Scott Walton for the property adjacent to 2100 Sandy Point Road (PID: 55238471), for Monday, July 24, 2023 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. 5.7 RESOLVED that as recommended in the submitted report M&C 2023: Designation of By-law Enforcement Officers Common Council approve the following: 1. WHEREAS the Common Council of The City of Saint John has enacted certain bylaws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and Local Governance ActA By-law respecting Flyer Distribution in The City of Saint John, By-law Number LG-20 (the Flyer Distribution By-Law time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with said By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the Clerk of the local government or such other person as is designated for that purpose by the Council; 3 COMMON COUNCIL / CONSEIL COMMUNAL May 23, 2023 / le 23 mai 2023 McGrath, John Mascarenhas, Chris Phinney and Barbara Crawford are hereby appointed as by- law enforcement officers with respect to the enforcement of the Flyer Distribution By-Law, effective immediately, and this appointment shall continue until they cease to be employees of the Public Works and Transportation Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; McGrath, John Mascarenhas, Chris Phinney and Barbara Crawford are hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Flyer Distribution By-Law, effective immediately, and this designation and authorization shall continue until they cease to be employees of the Public Works and Transportation Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 5.8 RESOLVED that as recommended in the submitted report M&C 2023-138: Transfer of PID 55239446 (Dunnett Drive Future Street) to Heatherway Developments Ltd. that: 1. Common Council transfer PID 55239446, a previously vested Future Street, to Heatherway Developments and authorize the Mayor and City Clerk to execute the necessary transfer documents; and, 2. Common Council authorize the Mayor and City Clerk to execute any transfer documents associated with the transfer of the temporary turnaround areas which have been vested as Future Street(s) in future phases of the Dunnett Drive development. 5.9 RESOLVED that as recommended in the submitted report M&C 2023-131: Initiate Stop-Up and Closure for Portion of Retail Drive, Common Council approve the following: 1. That the Public Hearing to consider the passing of an amendment to the Street Closing By- approximate area of 3,165 sq -up onday, June 12, 2023 at 6:30 p.m. in the Council Chamber; Ћ͵ That Common Council authorize the publishing of a notice of its intention to consider the passing of such By-law, identified above; and 3. That the Mayor and City Clerk be authorized to execute the documents necessary to effect the transaction. Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. 4 COMMON COUNCIL / CONSEIL COMMUNAL May 23, 2023 / le 23 mai 2023 MOTION CARRIED UNANIMOUSLY. 6. Members Comments Members commented on various local events. 7. Proclamation thrd 7.1 The Mayor declared May 28 to June 3, 2023, as Disability Awareness Week in The City of Saint John. th 7.2 The Mayor declared June 8, 2023, of Saint John. th 7.3 The Mayor declared June 6, 2023, as Shriners International Day in The City of Saint John. 8. Delegations/Presentations 8.1 The New Brunswick International Student Program Home Stay Administrator Wendy Brooks and Regional Manager Debbie Thomas described the NB International Student Program. Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that The New Brunswick International Student program presentation be received for information. MOTION CARRIED. 9. Public Hearings - 6:30pm 10. Consideration of By-laws 11. Submissions by Council Members 12. Business Matters Municipal Officers 13. Committee Reports 14. Consideration of Issues Separate from Consent Agenda 15. General Correspondence 15.1 Kidney Cancer Canada: Request for Proclamation (Recommendation: Refer to Clerk to prepare proclamation) Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the request for a proclamation from Kidney Cancer Canada be referred to the Clerk to prepare the proclamation. 5 COMMON COUNCIL / CONSEIL COMMUNAL May 23, 2023 / le 23 mai 2023 MOTION CARRIED. 15.2 Kidney Cancer Canada: Living with Kidney Cancer Request to Present (Recommendation: Refer to Clerk to schedule presentation) Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the Kidney Cancer Canada: Living with Kidney Cancer request to present be referred to the Clerk to schedule presentation. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Letter to Minister regarding Bill 45 Local Governance Commission Act Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that as recommended by Committee of the Whole, having met on May 23, 2023, the Mayor execute a letter on behalf of Council, generally in the form as presented to Committee of the Whole at its meeting held May 23, 2023, to the Minister of Local Governance and Local Governance reform on Bill 45 Local Governance Commission Act outlining the MOTION CARRIED. 17.2 CMHC Request for Termination of 1957 Agreement Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that as recommended by Committee of the Whole, having met on May 23, 2023, the City enter into the Termination Agreement in the form as presented to Committee of the Whole at its meeting held May 23, 2023, for the purpose of acknowledging the termination of an agreement between the City and the Central and Clerk be authorized to execute the said Termination Agreement and any documents ancillary thereto. MOTION CARRIED. 17.3 Listing Agreement with Brunswick Brokers Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe: RESOLVED that as recommended by Committee of the Whole, having met on May 23, 2023, the City enter into the Listing Agreement with Brunswick Brokers Limited generally in the form as presented to Committee of the Whole at its meeting held May 23, 2023, for the purpose of engaging expert support in a complex land negotiation and that the Mayor and Clerk be authorized to execute the said Listing Agreement and any other documents ancillary thereto. MOTION CARRIED with Councillor Radwan voting nay. 6 COMMON COUNCIL / CONSEIL COMMUNAL May 23, 2023 / le 23 mai 2023 17.4 Termination of Shawarma Hut Lease and Initiation of New Lease with Katsubi Moved by Councillor Lowe, seconded by Councillor Stewart: RESOLVED that as recommended by Committee of the Whole, having met on May 23, 2023, Common Council approve the following: 1. NOW THEREFORE BE IT RESOLVED that the City terminate its existing lease spaces in the City Market; and 2. FURTHER BE IT RESOLVED that the City enter a new five-year lease with 732653 NB Inc., dba Katsubi effective June 1st, 2023, under the terms and conditions as set out by the lease submitted with M&C 2023-116; and 3. FURTHER BE IT RESOLVED that the Mayor and City Clerk be authorized to execute any necessary documents ancillary to such purpose. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Deputy Mayor MacKenzie: RESOLVED that the meeting of Common Council held on May 23, 2023, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 6:40 p.m. _________________________ City Clerk 7 /hb/L\[w9thw M&C No.2023-142 Report DateJune 06, 2023 Meeting DateJune 12, 2023 Service AreaUtilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT:Contract No. 2023-02 Rockwood Park Golf Course Lift Station Upgrade AUTHORIZATION Primary AuthorCommissioner/Dept. HeadChief Administrative Officer Mikel LesterIan Fogan / Michael J. Brent McGovern Baker RECOMMENDATION We recommend awarding ProjectNo. 2023-02 for the Rockwood Park Golf Course Lift Station Upgrade to Fairville Construction Ltd., the lowest bidder, at their tendered price of $293,250.00 (including HST) based on estimated quantities. Furthermore, that the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY This report presents a recommendation to award Contract 2023-02 for the Rockwood Park Golf Course Lift Station Upgradeprojectto Fairville Construction Ltd., the lowest tenderer. PREVIOUS RESOLUTIONS The following resolutions have been previously approved: May 30, 2022: M&C2022-191; Approval of the Utility Fund(Revision 1) and General Fund (Revision 2) 2022 CapitalPrograms. October 17, 2022: M&C 2022-317; Approval of the 2023and 2024 General Fund and Utility Fund Capital Budget. - 2 - REPORT BACKGROUND The Rockwood Park Golf Course Lift Station requires an upgrade, as outlined in the approved 2022 and 2023 General Fund Capital Programs. The project involves the installation of a Packaged Sanitary Lift Station, connecting it to the existing sewer/force main, and decommissioning of the current lift station. TENDER RESULTS Tenders closed on May 24th, 2023, resulting in the following bids (including HST): 1. Fairville Construction Ltd.: $ 293,250.00 2. Galbraith Construction Ltd.: $ 351,181.25 3. TerraEx Inc.: $ 458,735.00 The Engineer's estimate, including HST, was $247,687.00. ANALYSIS Staff conducted a thorough review of the tender submissions and found all of them to be compliant. After careful evaluation, we believe that Fairville Construction Ltd., the lowest bidder, possesses the necessary resources and expertise to successfully execute the project. Therefore, we recommend accepting their tender. FINANCIAL IMPLICATIONS The Contract's funding will be allocated from the 2022 and 2023 General 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 financial breakdown is as follows: Budget $ 395,000.00 Project Net Cost $ 332,355.00 Variance (Surplus) $ 62,645.00 - 3 - POLICY - TENDERING OF CONSTRUCTION CONTRACTS This recommendation aligns with Council's policy for the tendering of construction contracts, adhering to the City's General Specifications and specific project specifications. STRATEGIC ALIGNMENT This rey t9wChwa by adhering to plans, infrastructure assets. SERVICE AND FINANCIAL OUTCOMES The existing infrastructure at the Rockwood Park Golf Course is outdated, unreliable, and requires replacement. The renewal of the infrastructure will improve service delivery and reliability of the Rockwood Park Golf Course Lift Station. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Tendering process for this project was completed in accordance with the recommendation being put forth. ATTACHMENTS N/A COUNCILREPORT M&C No.2023-153 Report DateJune 07, 2023 Meeting DateJune 12, 2023 Service AreaUtilities and Infrastructure Services HerWorship Mayor DonnaNoade ReardonandMembers of Council SUBJECT: Contract 2023-03: Menzies Lake Dam and Access RoadDrainage Upgrades AUTHORIZATION Primary AuthorCommissioner/Dept. HeadChief Administrative Officer Dean PriceIanFogan / Michael BakerJ. Brent McGovern RECOMMENDATION It is recommended that Contract 2023-03: Menzies Lake Dam and Access Road Drainage Upgradesbe awarded to the low tenderer,KeelConstruction Ltd.,at the tendered price of $1,172,739.10(including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council awardContract 2023-03: Menzies Lake Dam and Access Road Drainage Upgradesto the low tenderer. PREVIOUS RESOLUTIONS October 11, 2022: M&C 2022-3172023 and 2024 Capital Budget. May 30, 2022: M&C 2022-191; Utility Fund (Revision 1) and General Fund (Revision 2) 2022 Capital Programs. REPORT BACKGROUND The approved 2022and 2023Water andSewerage Utility Fund Capital Program includesindustrial funding forthe design & construction managementservices as well asconstruction to refurbish 3 earthen damsand one controlstructure at Menzies Lakeand to install, upgrade or replace severaldrainageculvertsalong the - 2 - existing access road. The work includes excavation, grubbing, ditching, placement of rock fill, sand and rip rap on the dams. Refurbishment of the control structure includes replacement of concrete barriers and safety railings. TENDER RESULTS Tenders closed on May 30, 2023, with the following results, including HST: 1. Keel Construction Ltd., Grand Bay-Westfield, NB $1,172,739.10 2. Coastal Enterprises Ltd., Lepreau, NB $1,215,005.13 1,767,371.75 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 2022 and 2023 Water and Sewerage Utility Fund Capital Program. As these dams, lakes and access road services industrial customers only, the cost of this industrial water project will be funded solely by the industrial customers. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 1,235,000.00 Project net cost $ 1,296,854.25 Variance (over) $ 61,854.25 POLICY TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Specifications, and the specific project specifications. STRATEGIC ALIGNMENT This report aligns with the GROW by investing in key infrastructure upgrades and PERFORM by adhering to plans, policies, procedures, and best practices with respect to managing infrastructure assets. - 3 - SERVICE AND FINANCIAL OUTCOMES The rehabilitation of the access road drainage culverts will allow Saint John Water to maintain the industrial transmission main and station feeding Menzies Lake from the Musquash Water Pumping Station and quickly respond to emergencies should they arise. The rehabilitation of the dams and the access road will allow Saint John Water to maintain the industrial water supply feeding Menzies and Spruce Lake which delivers water to both the Coleson Cove Generating Station and Irving Pulp and Paper. The shortfall in the budget will be managed within the industrial customer rates for industrial water. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Procurement Policy and Supply Chain Management supports the recommendation being put forth. The Finance department has reviewed the report and is supportive of the recommendation. ATTACHMENTS N/A COMMON COUNCIL REPORT M&C No.2023-145 Report DateJune 01, 2023 Meeting DateJune 12, 2023 Service AreaUtilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: SAINT JOHN TRANSIT BUILDING LIGHTING RETROFIT AUTHORIZATION Primary AuthorCommissioner/Dept. HeadChief Administrator Officer Samir YammineIan FoganJ. Brent McGovern RECOMMENDATION It is recommendedthatthe tender submitted by Security Electrical LTD., for the Saint John Transit Building Lighting Retrofit Project inthe amount of $268,500plus HST be accepted, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents in that regard. EXECUTIVE SUMMARY Saint John Transit Building Lighting Retrofit Project to the lowest compliant bidder. PREVIOUS RESOLUTION M&C 2019-107. Common Council approved the City of Saint John Climate Change Action Plan. M&C 2018-312. It is recommended that the City enter into the Grant Agreement with Her Majesty the Queen in Right of Canada, as represented by the Minister of the Environment who is responsible for the Environment and Climate Change Canada under the Low Carbon Economy Fund (LCEF) for the Municipal Buildings Deep Energy Retrofit (MBDER) in the form and upon the terms and conditions as attached; and that the Mayor and Common Clerk be authorized to execute the said Agreement. - 2 - REPORT In 2023, The City of Saint John in cooperation with the consultant conducted a detailed building condition assessment and energy audit on the Saint John Transit Building. The objective of the study was to achieve the following: Improve the asset data inventories for the Transit Building. Help Council as well as staff make more informed investment decisions. Develop a 25-year long term capital investment profile on the Transit building. Identify energy and cost savings opportunities using life cycle cost assessment to reduce energy and maintenance costs as well as GHG emissions to help achieve Corporate GHG emissions target. The Saint John Transit Building Lighting Retrofit Project is considered a high priority project based on the following criteria: Level of Service - The replacement of the existing lighting system will improve the quality of indoor lighting for the staff and the public. Greenhouse Gas Reductions - The proposed project will reduce GHG emissions by 37 teCO2. Leverage Capital Funding- Reduce capital expenditure to the city by $107,400. Recapitalization Benefits and Asset Renewal - The proposed project will renew the existing lighting systems and provide a deferred maintenance benefit of the full contract value, $ 268,500. Many of the existing lights have surpassed their end of asset life. Reduce Operating Costs -The project will reduce the annual operating cost including maintenance by approximately $18,000. The proposed scope of work consists of the following: Supply and installation of new LED lighting systems throughout the Saint John Transit Building including the control system. Commissioning of the new lighting systems. STRATEGIC ALIGNMENT The Saint John Transit Building Lighting Retrofit is clearly aligned with the following City plans, policies, Council Priorities, programs, and practices: City of Saint John Corporate GHG and Energy Action Plan to reduce GHG emissions by 30% by 2025 and achieve carbon neutral by 2040. City of Saint John Asset Management Policy objectives are to apply risk- based decision and life cycle costing principles to prioritize capital - 3 - investment, identify alternative measures, facilitate the leveraging of infrastructure funding from external sources, and improve the reliability of customer service. infrastructure. City of Saint John Capital Budget Policy. City of Saint John Climate Change Action Plan. SERVICE AND FINANCIAL OUTCOMES The total cost to complete the lighting retrofit at the transit facility, if awarded to the lowest bidder as recommended, will be $ 275,692.83 including the HST Rebate. Cost of this project is funded under the Low Carbon Economy Fund (LCEF), NB Energy Efficiency Program The analysis is as follows: LCEF: $110,277.13 NB Power Energy Efficiency: $27,300 Capital Budget: $138,115.7 estimate is $308,836 Plus HST. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS ndrd A public tender call was issued on May 2, 2023 and closed on May 23, 2023. Four (4) companies responded to the tender call by submitting bids. The results are as follows (excluding HST): COMPANY NAME TENDER PRICE Energy Network Services Inc. $ 293,017.48 Homestar Inc. $ 286,400.00 G.J. Cahill & Company (1979) Ltd. $ 148,670.00 Security Electrical Ltd. $ 268,500.00 Staff of Supply Chain Management have reviewed the tenders and have found them to be complete and formal in every regard, with the exception of the submission from G.J. Cahill & Company (1979) Ltd., which was missing a number of items. Staff believe that the lowest compliant tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. - 4 - Chain Management support the recommendation being put forth. ATTACHMENTS NA /hb/L\[w9thw M&C No.2023-158 Report DateMay 31, 2023 Meeting DateJune12, 2023 Service AreaPublic Works and TransportationServices HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: Fleet Replacement Procurement June2023 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author(s)Commissioner/Dept. HeadChief Administrative Officer Kevin Loughery/ Michael Hugenholtz/ J.Brent McGovern Chris RobertsIan MacKinnon RECOMMENDATION It is recommended that Common Council award the purchase of one(1) Sanitation Packer 14 Cubic Yardat a total cost of $233,268.61plus HSTto NEXGEN Municipal Inc. EXECUTIVE SUMMARY The City manages a fleetof approximately285vehicles/pieces of heavy equipmentand eServices Division works with various City departments to identify and replace vehicles/pieces of heavy equipment which have reached the end of their useful service lives. The purpose of this report isto make a recommendationto award thelatest tendered vehicles/pieces of heavy equipmentwhich require Common Council approval. The City currently has over 67vehicles/pieces of heavy equipment past their optimal replacement point(ORP, a calculation based on the age of a vehicle/equipment, the odometer reading, overallcondition and maintenance cost)and this year, 39vehicles/pieces of heavy equipment(some of which are the least reliable and most expensive to maintain) will be replaced through the Ci. The sanitation packer in this recommendation is to replace unit569.Unit569is a 2015Ford MiniPacker which is quickly approaching the end of its useful life with anORP over 28. - 2 - PREVIOUS RESOLUTION Not applicable. REPORT The Cityeet Services Division manages a fleet of eleven (11) sanitation packers; ten (10) tandem refuse packers and one (1) mini packer utilized by Public Works and Transportation Services. Sanitation packers are popular vehicles specifically designed to collect and compact residential refuse, compost, and recyclables. The mini packer is a small and highly maneuverable sanitation vehicle which is utilized in areas of restricted and/or confined access due to its narrow, compact, and lightweight design and movability. The mini packer also has a loading hopper which doubles as a compacting device. With compaction beginning in the hopper, payloads are greatly increased and allows for more time spent on route, and more collection stops. This mini packer is primarily utilized to augment our existing sanitation service; including missed residential collections, emptying pole baskets and barrels in the south-central peninsula, collection of refuse at existing City facilities and fire stations, collection of refuse at various encampment sites and for clean-up of illegal dumping sites; all which add in the reduction non-residential refuse and helps our community remain litter-free. The sanitation packer in this report is to replace unit 569, a 2015 Ford Mini Packer, which was purchased on August 25, 2014, and entered service on February 23, 2015. Unit 569, has an odometer reading of 329,387 kilometers, is quickly approaching the end of its useful life, currently has an ORP of over 28 and has incurred $127,999.15 in lifetime maintenance cost with $37,925.28 occurring in the last 15 months. The escalating lifetime maintenance cost for this unit is expected to continue and is quickly approaching the initial purchase price of this unit. This piece of equipment was considered a toolbox via the Continuous Improvement Fleet Utilization projects and deemed necessary for service delivery. The new mini sanitation packer is a like for like recommendation; however, will also come with a rear mounted backup camera, with a display to be visible from both operating sides. PREVIOUS RESOLUTION Not applicable. - 3 - STRATEGIC ALIGNMENT lued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES This purchase is a planned replacement of existing fleet equipment, approved in the 2023 capital budget. The funds specifically are provided for in the General Fund Fleet Reserve, funded from the operating budget. The specifications allow for vendors to submit proposals of new and/or used equipment to be evaluated using common criteria. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS PUBLIC WORKS AND TRANSPORTATION SERVICES AND SUPPLY CHAIN MANAGEMENT Tender no. 2023-232001T for the supply and delivery of one (1) Sanitation Packer 14 Cubic Yard was issued on April 26, 2023, and closed on May 16, 2023, with one (1) company submitting a bid as follows (excluding HST): COMPANY NAME TENDERED PRICE NEXGEN Municipal Inc. $233,268.61 Staff of Supply Chain Management and Public Works and Transportation have reviewed the tender and have found it to be complete and formal in every regard. Staff believe that the tenderer has the necessary resources and expertise to supply the equipment and recommend acceptance of their tender. Supply Chain Management support the recommendations being put forth. ATTACHMENTS None /haahb /hb/L\[ w9thw M&C No.2023-159 Report DateJune 06, 2023 Meeting DateJune 12, 2023 Service AreaGrowth and Community Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: Proposed Local Government Services EasementsShamrock Court AUTHORIZATION Primary AuthorCommissionerChief Administrative Officer Mark ReadeJacqueline HamiltonJ. Brent McGovern RECOMMENDATION That Common Council assent to the submitted subdivision plan entitled 733940 NB Inc.Subdivision, located at 3,4,8 and 9 Shamrock Court(PIDs00375568and00376152), with respect to the vesting of the proposed Local Government Services Easementssubject to the following modification: a.Increasing the width of the westernmost Local Government Services Easement (located on Lot 1 and Lot 2) from 6 metres to 7 metres. EXECUTIVE SUMMARY two Local Government Services Easementsto protect existing City piped infrastructure. PREVIOUS RESOLUTION There are no previous resolutions related to this matter. There are no previous resolutions related to this matter. REPORT The purpose of this report is to recommend the necessary formal acceptance of the easementsby resolution of Common Council. The attached tentativeplan of subdivision has been submitted that would create Lots 1 and 2 througha boundary adjustment of two parcelsof land containing four existing buildings.This plan would also vest tothe City two Local GovernmentServices Easementstoprotect existingmunicipal piped infrastructure.The location and easement widthhavebeen confirmed by the Infrastructure Development division of Growth and Community Servicesand Saint John Water. The location and widths shown are acceptable provided the width of the western most easement is increased from 6 metres to 7 metres. - 2 - Often the vesting of Local Government Services Easements is considered by Council in a recommendation from the Planning Advisory Committee when dealing with more significant subdivision and development applications where additional approvals are required. However, in this case there are no other approvals that require the consideration of the Committee, and the Community Planning Act does not require with easements. The vesting of the proposed municipal services easement is supported by Infrastructure Development and Saint John Water. Therefore, the attached subdivision plan with respect to the proposed Local Government Services Easements is recommended. STRATEGIC ALIGNMENT The proposed approach aligns with the Grow and Green. SERVICE AND FINANCIAL OUTCOMES It is in the interest of The City of Saint John to obtain easements for the protection and maintenance of municipal services including underground piped infrastructure. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Permitting and Infrastructure Service Area and Saint John Water have provided input to this report. ATTACHMENTS Tentative Subdivision Plan /haahb /hb/L\[ w9thw M&C No.2023-124 Report DateMay 04, 2023 Meeting DateJune 12, 2023 Service AreaUtilities and Infrastructure Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: 2023Unidirectional Water System Flushing AUTHORIZATION Primary AuthorCommissioner/Dept. HeadChief Administrative Officer Michael GrayKendall Mason/Ian FoganJ. Brent McGovern RECOMMENDATION Services, it is recommended that Common Council authorize staff to extend the agreement with Aqua Data Atlantic for an additional year (2023) at the rates presented in their 2020 contract. EXECUTIVE SUMMARY The purpose of this report is to request Common Council authorize staff to extend the Unidirectional Flushing agreement with Aqua Data Atlantic for an additional year (2023) at the rates presented in their 2020 contract. PREVIOUS RESOLUTION November 14, 2022; 2023 Utility Fund Operating Budget June 28, 2021; M&C 2021-164 2021 Unidirectional Water System Flushing April 16, 2019; M&C 2019-102 2019 Unidirectional Water System Flushing April 09, 2018; M&C 2018-99 Unidirectional Water System Flushing June 25, 2013; M&C 2013-141 Unidirectional Flushing REPORT Unidirectional flushingis a systematic method of flushing drinking water piping by strategically closing valves and opening hydrants to direct water at high velocities through targeted segments of pipe. The purpose of unidirectional flushing is to improve water quality by removing sediment. The key benefit of the unidirectional method is an efficient and effective use of waterin comparison with the traditional flushing method. Since 2005 Saint John Water has contracted Aqua Data Atlantic to design and execute a unidirectional flushing program forportions of distribution system.The 2012 unidirectional flushing program was the first year theentire water distribution system was flushed utilizing the unidirectional - 2 - method. Since 2012, Aqua Data Atlantic has designed and executed a yearly unidirectional flushing program of the , similar to how other utilities in Atlantic Canada (Ex. Moncton, Fredericton, Dieppe, Miramichi, Bathurst, Rothesay, etc.) perform their water system flushing. The City of Saint John is required to flush water mains annually as per the Approval to Operate issued to the City by the New Brunswick Department of Environment and Local Government. Unidirectional flushing is the maintenance method of choice for the regular cleaning of water pipes and is fully endorsed by the New Brunswick Department of Environment and Local Government. The unidirectional flushing program supports the goal of providing customers safe, clean drinking water. The flushing time to achieve the water turbidity targets during the Unidirectional flushing program has decreased with the completion of the Safe Clean Drinking Water Project. As a result of these decreased flushing times, staff are of the opinion it is appropriate to flush the entire water distribution system on a two- year cycle compared to every year before the Safe Clean Drinking Water Project completion. In 2022, unidirectional flushing was completed west of Reversing Falls; in 2023 unidirectional flushing is planned for all areas east of Reversing Falls. Unidirectional flushing utilizes specialized proprietary software to optimize flow velocities for cleaning distribution piping, yielding improved results. Data is collected by Aqua Data Atlantic throughout the program and a detailed report is submitted to the City upon the completion of the program. The data collected helps to reveal the condition of the water distribution infrastructure and supports decisions made on other programs such as pipe cleaning and lining. STRATEGIC ALIGNMENT as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The 2023 Saint John Water Operating Budget includes funding for the engagement of a contractor to execute the 2023 Unidirectional Flushing Program. Funds are budgeted and available for this expenditure. The price proposed by Aqua Data Atlantic is summarized below: 2023 UDF program $141,889.00 This total cost can be broken down by area which will give Saint John Water the flexibility to cancel an area if it is deemed necessary to issue water conservation measures. Please find below breakdown per area: - 3 - 1. Lakewood - $ $9,061.00 2. Cottage Hill - $16,852.00 3. Glen Falls/Drury Cove - $10,329.00 4. East Gravity - $19,571.00 5. City Center - $32,256.00 6. North End - $25,008.00 7. Rockwood - $3,986.00 8. Millidgeville - $24,826.00 Total cost (excluding HST) $141,889.00 INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS None ATTACHMENTS bƚƓĻ COMMON COUNCILREPORT M&C No.2023-154 Report DateJune 08, 2023 Meeting DateJune 12, 2023 Service AreaGrowth and Community Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: Proposed Public Hearing Date: 11 Blue Rock Court AUTHORIZATION Primary AuthorCommissionerChief Administrative Officer Jennifer KirchnerJacqueline HamiltonJ. Brent McGovern RECOMMENDATION RESOLVED That Common Councilschedule the public hearing forthe Zoning By- law Section 59application submitted by Somerset Suites Ltd.for 11 Blue Rock Court (PID: 00367144),for Monday, August 21, 2023 at 6:30 p.m. at the Council nd Chamber, City Hall 2floor, 15 Market Square, Saint John, NB. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of theZoning By-law Rezoningapplicationsreceived and to recommendan appropriate public hearing datefor thisapplication. The next available public hearing dateisMonday, August 21, 2023. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 \[now referred as section 59\] resolutions/agreements and proceed to prepare the required advertisements; and 2.when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by theCommunity Planning Act. REPORT In response to the motion above, this report indicates the application received andrecommends an appropriate public hearing date. Details of the applicationis documentation at the public hearing. - 2 - Name ofLocationExistingReason Applicant Zone Somerset 11 Blue Rock High-Rise To facilitate the addition of two Suites Ltd. Court (PID: Residential dwelling units to an existing 52- 00367144) (RH) unit residential building. While the holding of public hearings for proposed Zoning By-law amendments and rezonings are a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approval process works towards fulfilling key Council priorities including: Facilitate a mix of affordable housing in all our neighbourhoods; Achieve 3% annual property tax base growth and ongoing work to increase the target. SERVICE AND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Act. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS None /haahb /hb/L\[w9thw M&C No.2023-148 Report DateJune 07, 2023 Meeting DateJune 12, 2023 Service AreaUtilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT:Contract No. 2021-18: Candlewood Lane Sewer Separation AUTHORIZATION Primary AuthorCommissioner/Dept. HeadChief Administrative Officer Susan StevenIan Fogan/ Michael J. Brent McGovern Baker RECOMMENDATION It is recommended that Contract No. 2021-18: Candlewood Lane Sewer Separationbe awarded to the low Tenderer, MIDIConstruction Ltd.,at their tendered price of $474,587.17(including HST) as calculated based upon estimated quantities, and further that the Mayor and CityClerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award 2021-18: Candlewood Lane Sewer Separationto the low Tenderer. PREVIOUS RESOLUTION August 19, 2019: M&C 2019-2032020 and 2021 General Fund Capital Budgets, approved. REPORT BACKGROUND The approved 2020General Fund CapitalProgram includedfunding for inflow and infiltration (I&I) reduction projects in the Millidgeville Area. In previous investigationsand studies,the Candlewood Lane area has been shown to be a significant contributor of stormwater to the sanitary sewer system on - 2 - University Avenue. The Candlewood Lane Sewer Separation project will collect stormwater from Candlewood Lane and redirect it from the sanitary sewer to the storm sewer on University Avenue, thereby eliminating the need to convey and treat this stormwater unnecessarily. Removing stormwater from the sanitary sewer system will also aid in reducing the possibility of local flooding. The work will include the installation of a storm sewer main, catchbasins, manholes and associated appurtenances on Candlewood Lane, in an easement between Candlewood Lane and University Avenue and on University Avenue. Reinstatement of curb, asphalt, topsoil and sod will also be completed as required. TENDER RESULTS Tenders closed on June 6, 2023, with the following results, including HST: 1. MIDI Construction Ltd. $474,587.17 2. Steele Trucking Ltd. $475,169.71 3. TerraEx Inc. $486,277.50 4. Galbraith Construction Ltd. $495,245.66 5. Fairville Construction Ltd. $724,316.00 was $531,151.65, 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 Millidgeville I&I budget line item in the 2020 General Fund Capital Program. The work charged to this project is fully funded by the Canada Community-Building Fund (CCBF). Assuming award of the Contract to the low Tenderer, an analysis has been completed which includes the estimated amount of work for this project (performed by the Contractor and Others) as well as all the other projects that are currently listed under the overall Millidgeville I&I project envelope. - 3 - The analysis is as follows: Budget $1,000,000.00 Project Net Cost $ 803,696.57 Variance (Surplus) $ 196,303.43 POLICY - TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions General Specifications and the specific project specifications. STRATEGIC ALIGNMENT This project priorities of GREEN, GROW AND PERFORM. By constructing a new storm sewer in this area and redirecting storm water away from the sanitary sewer system, the City is reducing the unnecessary treatment of stormwater as well as reducing combined sewer overflows. This will not only help alleviate some of the impacts of climate change by lowering the potential for surcharging in the sanitary sewer system during heavy rainfall events (GREEN) but will also aid in the City accommodating further development (GROW). As this entire project is being funded by the Canada Community-Building Fund, the PERFORM Council priority is being met. Leveraging alternative sources of financing for Capital projects shows that the City is being fiscally responsible. SERVICE AND FINANCIAL OUTCOMES This work is being done to minimize the amount of storm water entering the sanitary sewer on Candlewood Lane and on University Avenue. It is expected that this project will lessen the probability of surcharging the existing sanitary sewer on University Avenue which can cause sewer backups. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Tendering process for this project was completed in accordance with the Management supports the recommendation being put forth. Saint John Water has reviewed and provided input to the design. ATTACHMENTS N/A PROCLAMATION WHEREAS:The International Kidney Cancer Coalition has declared th Thursday, June 15, 2023 to be World Kidney Cancer Day. WHEREAS: WHEREAS:Kidney Cancer Canada / Cancer du Rein Canada is a national, bilingual community of patients, caregivers, and health professionals who work to provide everyCanadian touched by kidney cancer with support, education and advocacy for their care pathways and treatment options. WHEREAS:We are theonly Canadian, bilingual, national patient and caregiver organization solely focused on kidney cancer. NOW THEREFORE: I,Mayor Donna Noade Reardon, of Saint Johndo hereby th declare Thursday, June 15, 2023asWorld Kidney Cancer Day in The City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. Staff Recommendation for Council Resolution Property: 26 Foley Court Public Hearing: June 12, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By-Law No Amendment Repealing Yes That Common Council, pursuant to the provisions of Section Previous s.39/59 59 of the Community Planning Act, rescind the conditions Conditions imposed on the October 27, 2004, rezoning, for the parcel of land having an area of approximately 960.77 square metres, located at 26 Foley Court, also identified as PID Number 00314922. Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No PLANNING ADVISORY COMMITTEE May 18, 2023 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT:Section 59 Amendment 26 Foley Court On April 17, 2023, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 16, 2023, meeting. The applicant, Michael Folkins, real estate agent Jason Haggerty, and the -Anne Ryan, were in attendance and spoke onbehalf of the application. The owner, Left-sided Ventures Ltd., was not present. Ms. McShane asked Mr. Folkins whether or not the applicant had intentions of using the additional unit as an Airbnb. Mr. Foklins could not confirm whether or not there would not any of the units would be affordable housing to which Mr. Folkins said he was unsure and that he was simply the contractor. Ms. McShane asked Mr. Folkins why the owner was not in attendance to which he replied that the owners live out of Province. Mr. Haggerty, a real estate agent who worked on the sale of the subject property, spoke second. Mr. Haggerty elaborated that the owner, Left-sided Ventures Ltd., had bought three or four buildings on the east side and had not previously or had any intentions of reno-victing anyone from their properties and that the units would not be operating as short-term rentals. Ms. McShane asked Mr. Haggerty whether or not the owner would be using a property management company, to which Mr. Haggerty had no knowledge. Ms. Ryan appeared before the Committee and noted that the owner currently uses the property management company known as Lawson Property ese three young Page 1of 2 Michael Folkins 26 Foley CourtMay 18, 2023 men are outstanding and deserve the support of the Committee and the City in No other persons appeared before the Committee and no letters from the public were received regarding the application. Following consideration of the presentation and Staff report, the Committee unanimously adopted Staff recommendation as presented below. RECOMMENDATION: 1.That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the conditions imposed on the October 27, 2004, rezoning, for the parcel of land having an area of approximately 960.77 square metres, located at 26 Foley Court, also identified as PID Number 00314922. Respectfully submitted, Alex Weaver Crawford Chair Attachments Page 2of 2 Date: May 11, 2023 To: Planning Advisory Committee From:Growth & Community Services Meeting: May 16, 2023 SUBJECT Applicant: Michael Folkins Landowner:Left-sided Ventures Ltd. Location: 26 Foley Court PID: 00314922 Plan Designation: Stable Residential Existing Zoning: Low-Rise Residential (RL) Application Type: Section 59 Amendment 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’s recommendation at a public hearing on Monday, June 12, 2023. EXECUTIVE SUMMARY The applicant is requesting an amendment to the existingSection 59 conditions on 26 Foley Courtto facilitate thecreationofan additionaldwelling unit. Theproperty is currently zoned Low-Rise Residential (RL), but current Section 59 conditions limit the development to three- units. The applicant is seeking to remove the Section 59 conditions tocreate an additional dwelling unit as provided withinthe Low-Rise Residential (RL) zoning. Approval of the application is recommended. Page 1 of 5 Michael Folkins 26 Foley Court May 16, 2023 RECOMMENDATION That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the conditions imposed on the October 27, 2004, rezoning, for the parcel of land having an area of approximately 960.77 square metres, located at 26 Foley Court, also identified as PID Number 00314922. DECISION HISTORY On October 27, 2004, Common Council amended the Zoning By-Law to rezone 26 Foley Court, an area with approximately 950 square metres, from R-2 One and Two Family Residential to R4 Four Family Residential, to permit the existence of more than two dwelling-units on site. Pursuant to provisions of Section 39 of the Community Planning Act the proposed development of a parcel of land with an area of approximately 950 square metres located at 26 Foley Court, also identified as PID 00314922, be subject to the condition that the number of dwelling units is limited to a maximum of three, and further that upon rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and condition identified therein. ANALYSIS Proposal The applicant is seeking to rescind the existing Section 59 conditions limiting the number of dwelling units to three in order to renovate the basement of the subject site and create a fourth residential unit. Site and Neighbourhood The subject site is located in Saint John East, directly off of Loch Lomond Road. The broader neighbourhood contains a mix of residential dwellings that range from single-family homes and duplexes predominantly zoned Two-Unit Residential (R2) to townhouses zoned Low-Rise Residential (RL) and Mid-Rise Residential (RM). The neighbourhood contains commercial and service-based uses that will be beneficial for future residents within the neighbourhood. This includes multiple shopping complexes and commercial nodes featuring grocery stores, pharmacies, hardware stores, and restaurants which are overwhelmingly zoned General Commercial (CG) or Corridor Commercial (CC). Two day-cares are located near the property as well as Bayview Elementary, Bayside Middle School, and the East Branch Library which fall under both the Neighbourhood Community Facility (CFN) and Major Community Facility (CFM) zones. A bus stop is located at the intersection of Foley Court and Loch Lomond Road, which will provide residents with easy connection to the City’s Transit system. The bus stop serves transit routes: 9E (McAllister Place) 9N (Regional/UNB) 3E (McAllister Place) Page 2 of 5 Michael Folkins 26 Foley Court May 16, 2023 3N (Regional/UNB) 33 (Champlain Express) All bus routes that service this location, sans 33 Champlain Express, begin and/or terminate at McAllister Place or the UNB Campus. 33 Champlain Express begins and ends in Uptown, with its furthest distance servicing the Lakewood neighbourhood. In addition, the property benefits from active transit connections, with sidewalks connecting to Loch Lomond Road and a painted bike-lane along Loch Lomond Road. Municipal Plan The property and the immediate area are designated Stable Residential, but it is located within proximity to a variety of other land designations including Commercial Corridor, Stable Commercial, Business Centre and Major Community Facility. An analysis of the proposal with respect to the relevant policies of the Municipal Plan is provided in Attachment 2. The proposal conforms to the policies established within the Municipal Plan. While a density target is not provided for Stable Residential areas, housing of almost every form and density may be found. Development proposals located within existing neighbourhoods should consider the existing neighbourhood context to better reinforce the predominant community character and make a positive contribution to the existing neighbourhood. The proposed development is located within an existing building and will not require any exterior alterations to support the development of a fourth dwelling unit. The proposed development is compatible with the vision established within the Municipal Plan, as the proposed development: Provides densification in an area with existing municipal services. Is compatible with surrounding land uses given the variety of existing building typologies and dwelling types found within the area, including other properties zoned for higher density. The proposal represents an opportunity to support additional density in a suburban context while retaining the community character, as the proposed development utilizes an existing building and no changes to the exterior of the building are required. The establishment of a fourth dwelling unit within the existing building aligns with the City’s Municipal Plan. From the analysis of the proposed development for alignment with the Municipal Plan Policies (Attachment 2), staff are of the opinion that the proposed development achieves the intent of the Municipal Plan based on the proposed use. Zoning The subject site is currently zoned Low-Rise Residential (RL), which supports residential units ranging from a single-detached dwelling to a six-unit building. The proposed addition would represent the creation of a four-unit building, which is in alignment with the standards Page 3 of 5 Michael Folkins 26 Foley Court May 16, 2023 established within the Zoning By-law. This includes the provision of the required onsite parking spaces to support the four dwelling units. Section 59 Conditions Common practice in the City of Saint John has been to include a Section 59 condition that limits proposed rezonings to a maximum number of dwelling units. The unit number caps have always been tied to the specific proposal presented as part of the rezoning process and have been used to tie a rezoning to a very specific development proposal. This trend has resulted in an increased number of Section 59 amendment applications, such as the application before you, being submitted to allow increases to the unit count within existing developments and occasionally in advance of new construction projects. These increases are often minimal in nature and are typically the result of design changes to the size of proposed dwelling units as opposed to expansion of the existing or proposed building footprint. This proposal is to rescind the existing Section 59 conditions which limit the number of residential units on the property to three. The RL zone allows a maximum of six dwelling units to be established on a property, as long as the proposal can meet the standards established within the Zoning By-law. It is important to note that while the surrounding residential properties located along Foley Court and Pottery Court are zoned Two-Unit Residential (R2) and are a mixture of detached and semi- detached dwellings, the building stock is largely comprised of buildings built in the 1950s and early 1960s. Under the current Two-Unit Residential (R2) zone, these properties could transition into a Converted Dwelling Use, which allows for the conversion of a pre-1967 residential building (one and two-unit buildings) into a six-unit building. This represents the same maximum unit count that is permissible in the RL zone. For reference, the building located at 26 Foley Court was constructed in 1956 and if it were zoned One-Unit Residential (R1) or Two-Unit Residential (R2), it would be eligible to develop up to six units as a permitted use through the Converted Dwelling land use. If a proposal were to be brought forward to increase the unit count above 4-units, it would be subject to the standards established in the Low-Rise Residential (RL) zoning, as well as meeting the requirements of the National Building Code of Canada. The Affordable Housing Action Plan calls for the City to “permit and encourage various innovative housing models to help expand the supply of housing”. The use of Section 59 conditions on Low-Rise Residential (RL) properties, provides an additional layer of regulation beyond the six-unit maximum established within the City’s Zoning By-law. This necessitates a longer approval process for any proposal to change the unit count within the structure, including a theoretical increase above four-units. By eliminating the Section 59 conditions for Low-Rise Residential (RL) properties, the approach would align with the Action Plan, which calls for the City to foster greater housing flexibility and to support/encourage appropriate density and diversity of housing forms. This allows the flexibility for the use of an existing residential building Page 4 of 5 Michael Folkins 26 Foley Court May 16, 2023 to evolve to meet the housing needs of the community, while also respecting the characterof the neighbourhood using the Low-Rise Residential (RL) unit maximum. City Service Areas Feedback The City’s Infrastructure Development, Building and Fire and Emergency Management Service Areas also reviewed the proposal. As per any proposal of this nature, the applicant will be required to apply for a building permit and meet all necessary City requirements. This includes meeting the standards of the National Building Code of Canada. No concerns were raised by the City’s Service Areas. Conclusion The proposed Section 59 amendment to rescind the existing conditions, aligns with the policies established in the City’s Municipal Plan and conforms to the City’s Zoning By-law. Staff are recommending the rescinding of all Section 59 conditions and not adopting a unit maximum for the property. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. 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 May 1, 2023. The public hearing notice was be posted on the City of Saint John website on May 11, 2023. APPROVALS AND CONTACT Author Manager Commissioner Jacqueline Hamilton, MCIP, RPP Jennifer Kirchner,MCIP, RPP Thomas Lewallen Contact: Thomas Lewallen Telephone: (506) 977-0274 Email: thomas.lewallen@saintjohn.ca Application: 23-0055 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Submission 1: Site Plan Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Page 5 of 5 lot. established - through the use of an goals and intent of the developed cross various properties. The existing . Planning Assessment footprint of the building will not change. and can support the proposed incremental density Rise Residential (RL) Zoning; proposed uses an exterior - . The development is located in an area that features diverse residential and commercial uses.The - The The exterior footprint of the building will not change.The exterior footprint of the building will not change.The proposal conforms with the Municipal Plan and meets the requirements detailed in the Low density residential and commercial uses to include a mixture of b. a)c)d)e)f)a. ease - The property and the neighbourhood have evolved over time from lowresidential typologies and densities aproposal represents the continued transition of the neighbourhood to include more residential densificationexisting residential structure Given the building is already existing in a wellneighbourhood, both community and infrastructure services are readily availableincr table Areas is predominant community form perspective, but that new and - Municipal Plan Policy community facilities, and protective services are conformity with the goals, policies and intent of 10 8743 - -- appropriate The local pattern of lots, streets and blocks;Nearby building types;The height, scale and massing of nearby buildings;The setback of buildings from the street;The pattern of rear and side yard setbacks; 2 - LU a.c.d.e.f. Policy LU Intend that the areas designated Stable Residential will evolve over time from a land use and builtredeveloped land uses are to reinforce the character and make a positive contribution to the neighbourhood.Policy UD Ensure that new development and redevelopment in Sdesigned to respect and reinforce the physical character and uses of the surrounding neighbourhood, having regard for: Policy Ensure that water and wastewater services, parks and recreation services, available.Policy I In considering amendments to the Zoning Bylaw or the imposition of terms and conditions, in addition to all other criteria set out in the various policies of the Municipal Plan, have regard for the following: a. The proposal is in the Municipal Plan and the requirements of all City bylaws;b. The proposal is not premature or inappropriate by reason of: Loch Lomond Road; Schools are located by the addition of one various active transit . hydrology of the site. from the property while are Loch Lomond unit building will not negatively affect - ree The development does not require any additional financial costs to the City; The construction of an additional dwelling in the existing ththe capacity of wastewater, stormwater or water services. Bayside Middle and Bayviewwithin walking distanceJarvis Bay Ross Memorial Park is one block away along Loch Lomond RoadThe property is located on the arterial Road.N/AThe property’s use will not change;The outward appearance of the building will not change;Traffic will not be impacteddwelling unit and there corridors along Adequate parking will be provided;N/AN/AN/A i. i. ii.v.ii.v. iv.iv.vi. iii.iii. vii. -There are no exterior changes to the building and or property that will affect the topology and N/AConforming to the Building Code will ensure public health and safety considerations necessary to add an additional dwelling unit. c.d.e.f. l 5 related - land uses by 8; - 7 and I - re efficient delivery of services, as of road networks leading to or adjacent to the i. Financial inability of the City to absorb costs related to development and ensudetermined through Policy Iii. The adequacy of central wastewater or water services and storm drainage measures;iii. Adequacy or proximity of school, recreation or other community facilities;iv. Adequacy development; andv. Potential for negative impacts to designated heritage buildings or areas.i. Type of use;ii. Height, bulk or appearance and lot coverage of any proposed building;iii. Traffic generation, vehicular, pedestrian, bicycle or transit access to and from the site;iv. Parking;v. Open storage;vi. Signs; andvii. Any other relevant matter of urban planning. d. The proposed site is suitable in terms of steepness of grade, soil and geological conditions, locations of watercourses, wetlands and susceptibility of flooding as well as any other relevant environmentaconsideration;e. The proposal satisfies the terms and conditions of Policy Ito timeframes and phasing of development; andf. The proposal meets all necessary public health and safety considerations. c. Appropriate controls are placed on any proposed development where necessary to reduce any conflict with adjacentreason of: June 12, 2023 26 Foley Court Common Council Presentation Growth & Community Services Staff Recommendation for Council Resolution Property: 693 Manawagonish Road Public Hearing: June 12, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By-Law No Amendment Repealing Yes That Common Council, pursuant to the provisions of Section Previous s.39/59 59 of the Community Planning Act, rescind the conditions Conditions imposed on the August 17, 2009, rezoning, for the parcel of land having an area of approximately 486.50 square metres, located at 693 Manawagonish Road, also identified as PID Number 55037683. Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No PLANNING ADVISORY COMMITTEE May 18, 2023 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT:Section 59 Amendment 693 Manawagonish Road On April17, 2023, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 16, 2023, meeting. The applicant, Kevin Matheson, and his father, Donald Matheson, were in attendance. Donald Matheson spoke on behalf of his son. Ms. McShane asked whether either of them would be living in the building, to which Mr. Matheson stated that his son, the owner, does. Ms. McShane proceeded to ask Mr. Matheson whether ornot the applicant had intentions of using the additional unit as an Airbnb. Mr. Matheson confirmed that there would be no Airbnbs in the building. Ms. McShane also asked whether or not any of the units would be affordable housing to which Mr. Matheson said while none would be designated affordable housing, the creation of a fourth unit would help alleviate the dire need for housing within Saint John. No other persons appeared before the Committee and no letters from the public were received regarding theapplication. Following consideration of the presentation and Staff report, the Committee unanimously adopted Staff recommendation as presented below. Page 1of 2 Kevin Matheson 693 Manawagonish RoadMay18, 2023 RECOMMENDATION: 1.That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act,rescind the conditions imposed on the August 17, 2009, rezoning, for the parcel of land havingan area of approximately 486.50 square metres, located at 693 Manawagonish Road, also identified as PID Number 55037683. Respectfully submitted, Alex Weaver Crawford Chair Attachments Attachments Page 2of 2 Date: May 11, 2023 To: Planning Advisory Committee From:Growth & Community Services Meeting: May 16, 2023 SUBJECT Applicant: Kevin Matheson Landowner:Kevin Matheson Location: 693 Manawagonish Road PID: 55037683 Plan Designation: Stable Residential Existing Zoning: Low-Rise Residential (RL) Application Type: Section 59 Amendment 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’s recommendation at a public hearing on Monday, June 12, 2023. EXECUTIVE SUMMARY The applicant is requesting an amendment to the existingSection 59 conditions on 693 Manawagonish Roadto facilitate thecreationofan additionaldwelling unit. Theproperty is currently zoned Low-Rise Residential (RL), but current Section 59 conditions limit the development to three-units. The applicant is seeking to remove the Section 59 conditions to create an additional dwelling unit as provided withinthe Low-Rise Residential (RL) zoning. Approval of the application is recommended. Page 1 of 6 Kevin Matheson 693 Manawagonish Road May 11, 2023 RECOMMENDATION That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the conditions imposed on the August 17, 2009, rezoning, for the parcel of land having an area of approximately 486.50 square metres, located at 693 Manawagonish Road, also identified as PID Number 55037683. DECISION HISTORY 1. On August 17, 2009, Common Council amended the Zoning By-Law to rezone 693 and 697 Manawagonish Road, also identified as PID numbers 55037683 and 00036053 with an approximate area of 1,000 square metres, from R-2 One and Two Family Residential to R4 Four Family Residential. 2. Pursuant to provisions of Section 39 of the Community Planning Act the proposed development of a parcel of land with an area of approximately 1000 square metres located at 693 and 697 Manawagonish Road, also identified as PID numbers 55037683 and 00036053, be subject to the following conditions: a. The use of the property is limited to either two, three-unit dwellings as generally illustrated on the submitted site plan or one four-unit dwelling located in the centre of both lots; b. Development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, drawn on a survey accurate site plan, and illustrating the location of all buildings, structures, parking areas, driveways, signs, landscaping and other site features; c. All parking areas and driveways be paved with asphalt; d. Any main buildings be constructed in accordance with detailed architectural plans prepared by the developer in accordance with the ‘Infill Housing and Rehabilitation Design Guidelines and Zone Standards’ document and subject to the approval of the Development Officer; e. All main buildings be serviced by municipal water and sewer and underground public utilities; and f. All areas not occupied by buildings, parking areas and driveways be landscaped, and all site improvements indicated on the approved site, landscaping and building elevation plans be completed within one (1) year from the issuance of a building permit for the development. 3. That the Planning Advisory Committee grant the following variances: a. An increase in the height of dwellings permitted on the site in the “R-4” Four Family Residential zone from 9 metres to 11 metres; b. A reduction in the front-yard setback from 7.5 to approximately 2.1 metres; and c. A reduction in the amount of landscaping around a main building from 1.5 metres to 0 metres. 4. That the Planning Advisory Committee deny the following variances: Page 2 of 6 Kevin Matheson 693 Manawagonish Road May 11, 2023 a.A reduction in the width of a parking space; b. A reduction in the aisle width for vehicle manoeuvring areas; and c. A reduction in landscaping on boundaries adjacent to “R” zones where 5 vehicles will be parked from 2 metres to 0.9 metres. ANALYSIS Proposal The applicant is seeking to rescind the existing Section 59 conditions limiting the number of units to three, in order to renovate the basement of the subject site and create a fourth, two- bedroom residential unit. Site and Neighbourhood The subject site is located in West Saint John on Manawagonish Road. The broader neighbourhood contains a mix of residential typologies ranging from single-family homes and duplexes zoned Two-Unit Residential (R2) to apartment buildings zoned Mid-Rise Residential (RM) and mixed-use residential and commercial properties being located within the General Commercial (CG) and Mixed Commercial (CM) zones. The area contains commercial and service-based uses that will be beneficial for future residents within the area. This includes multiple shopping complexes, such as Lancaster Mall located within the Regional Commercial (CR) zone, and commercial nodes featuring grocery stores, pharmacies, hardware stores, and restaurants along both Manawagonish Road, which contains General Commercial (CG) and Mixed Commercial (CM) zoning, and Fairville Boulevard which is overwhelmingly zoned Regional Commercial (CR). Saint Rose and Barnhill Memorial schools are located directly across the street from the site within the Neighbourhood Community Facility (CFN) zone. A bus stop is located at the intersection of Catherwood Street and Fairville Boulevard as well as Manawagonish Road and Harding Street West. The transit hub located at Lancaster Mall is also within walking distance of the subject property, which will provide residents with an easy connection to the City’s broader transit system. The Lancaster Mall transit hub includes the bus routes: 1E - McAllister Place/East Point 1W – Lancaster Mall/Fairville Boulevard Plaza 12 - Martinon 15W - Harbour Bridge West 15S - Harbour Bridge South Bus Routes 1W and 1E connect major economic hubs within the city by connecting Lancaster Mall with the Uptown and McAllister Place at its terminus. Bus Routes 15W and 15E connects Lancaster Mall with the Uptown, traversing through Saint John West and across Harbour Bridge. Bus Route 12 begins at the Lancaster Mall and serves as an important rural/regional transit line as it leaves Fairville Boulevard and travels along Westfield Road until its terminus in Grandbay-Westfield. In addition, the property benefits from active transportation connections, Page 3 of 6 Kevin Matheson 693 Manawagonish Road May 11, 2023 with sidewalks located along Manawagonish Road and Catherwood Street, as well as a painted bike-lane along Manawagonish Road. Municipal Plan The property is designated Stable Residential with Medium to High Density Residential and Regional Retail Centre designations being located immediately east and south of the property. An analysis of the proposal with respect to the relevant policies of the Municipal Plan is provided in Attachment 2. The proposal conforms to the policies established within the Municipal Plan. While a density target is not provided for Stable Residential areas, housing of almost every form and density may be found. Development proposals located within existing neighbourhoods should consider the existing neighbourhood context to better reinforce the predominant community character and make a positive contribution to the existing neighbourhood. The proposed development is located within an existing building and will not require any exterior alterations to support the development of a fourth dwelling unit. The proposed development is compatible with the vision established within the Municipal Plan, as the proposed development: Provides densification in an area with existing municipal services. Is compatible with surrounding land uses given the variety of existing building typologies and dwelling types found within the area, including other properties zoned for higher density. The proposal represents an opportunity to support additional density in a suburban context while retaining the community character, as the proposed development utilizes an existing building and no changes to the exterior of the building are required. The establishment of a fourth dwelling unit within the existing building aligns with the City’s Municipal Plan. From the analysis of the proposed development for alignment with the Municipal Plan Policies (Attachment 2), staff are of the opinion that the proposed development achieves the intent of the Municipal Plan based on the proposed use in the development. Zoning The subject site is currently zoned as Low-Rise Residential (RL) which supports residential units ranging from a single-detached dwelling to a six-unit residential building. The proposed addition would represent the creation of a four-unit residential building, which is in alignment with the standards established in the Zoning By-law. This includes the provision of the required onsite parking for the four dwelling units. Section 59 Conditions Common practice in the City of Saint John has been to include a Section 59 condition that limits proposed rezonings to a maximum number of dwelling units. The unit number caps have always been tied to the specific proposal presented as part of the rezoning process and have been used to tie a rezoning to a very specific development proposal. This trend has resulted in an Page 4 of 6 Kevin Matheson 693 Manawagonish Road May 11, 2023 increased number of Section 59 amendment applications, such as the application before you, being submitted to allow increases to the unit count within existing developments and occasionally in advance of new construction projects. These increases are often minimal in nature and are typically the result of design changes to the size of proposed dwelling units as opposed to expansion of the existing or proposed building footprint. This proposal is to rescind the existing Section 59 conditions which limit the number of residential units on the property to three. The RL zone allows a maximum of six dwelling units to be established on a property, as long as the proposal can meet the standards established within the Zoning By-Law. It is important to note that while the surrounding residential properties are zoned Two-Unit Residential (R2) and are largely comprised of single-detached dwellings, the building stock along Manawagonish Road is largely comprised of buildings built in the early 1900s. Under the current Two-Unit Residential (R2) zone, these properties could transition into a Converted Dwelling Use, which allows for the conversion of a pre-1967 residential building (one and two- unit buildings) into a six-unit building. This represents the same maximum unit count that is permissible in the RL zone. The Affordable Housing Action Plan calls for the City to “permit and encourage various innovative housing models to help expand the supply of housing”. The use of Section 59 conditions on Low-Rise Residential (RL) properties provides an additional layer of regulation beyond the six-unit maximum established within the City’s Zoning By-Law. This necessitates a longer approval process for any proposal to change the unit count within the structure, including a theoretical increase above the proposed four-units. By eliminating the Section 59 conditions for Low-Rise Residential (RL) properties, the approach would align with the Action Plan, which calls for the City to foster greater housing flexibility and to support/encourage appropriate density and diversity of housing forms. This allows for increased flexibility to allow an existing residential building to evolve to meet the housing needs of the community, while also respecting the character of the neighbourhood using the Low-Rise Residential (RL) unit maximum. City Service Areas Feedback The City’s Infrastructure Development, Building and Fire and Emergency Management Service Areas also reviewed the proposal. As per any proposal of this nature, the applicant will be required to apply for a building permit and meet all necessary City requirements. This includes meeting the standards of the National Building Code of Canada. No concerns were raised by the City’s Service Areas. Conclusion The proposal of an additional residential unit is supported by the Municipal Plan and is an excellent example of incremental densification. Staff are recommending the rescinding of all Section 59 conditions and not adopting a unit maximum for the property. Page 5 of 6 Kevin Matheson 693 Manawagonish Road May 11, 2023 ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. 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 May 1, 2023. The public hearing notice was be posted on the City of Saint John website on May 11, 2023. APPROVALS AND CONTACT Author Manager Commissioner Jacqueline Hamilton, MCIP, RPP Thomas Lewallen Jennifer Kirchner,MCIP, RPP Contact: Thomas Lewallen Telephone: (506) 977-0274 Email: thomas.lewallen@saintjohn.ca Application: 23-0055 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Submission 1: Site Plan Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Page 6 of 6 . - lot. buildings in a well developed building irements detailed in the ; building will not change. existing across various properties. The and community facility and can support the proposed Planning Assessment commercial lan and meets the requ , P . Rise Residential (RL) Zoning exterior footprint of the - development involves anunicipal The The exterior footprint of the building will not change.- The development will utilize an existing The development is located in an area that features diverse residentialThe exterior footprint of the building will not change.The proposal conforms with the goals and intent of the MLow density residential and commercial uses to include a mixture of e)b. a)c)d)f)a. - The property and the neighbourhood have evolved over time from lowresidential typologies and densities proposal represents the continued transition of the neighbourhood to include more residential densification. Given the established neighbourhood, both community and infrastructure services are readily availabledevelopment following: predominant community ies, and protective services are physical character and uses of form perspective, but that new and - Municipal Plan Policy n of rear and side yard setbacks; 10 8743 - -- appropriate community facilit The local pattern of lots, streets and blocks;Nearby building types;The height, scale and massing of nearby buildings;The setback of buildings from the street;The patter 2 - LU a.c.d.e.f. Policy LU Intend that the areas designated Stable Residential will evolve over time from a land use and builtredeveloped land uses are to reinforce the character and make a positive contribution to the neighbourhood.Policy UD Ensure that new development and redevelopment in Stable Areas is designed to respect and reinforce thethe surrounding neighbourhood, having regard for: Policy Ensure that water and wastewater services, parks and recreation services, available.Policy I In considering amendments to the Zoning Bylaw or the imposition of terms and conditions, in addition to all other criteria set out in the various policies of the Municipal Plan, have regard for the a. The proposal is in conformity with the goals, policies and intent of the Municipal Plan and the requirements of all City bylaws;b. The proposal is not premature or inappropriate by reason of: y while or water not negatively affect by the addition of one require any additional , stormwater located on the arterial Manawagonish unit building will - pology and hydrology of the site. of wastewater The development does not financial costs to the City; The construction of an additional dwelling in the existing threethe capacityservices. Saint Rose and Barnhill Memorial Schools are located directly across the street from the propertPeter Murray Arena and Memorial Field are located within walking distance on Dever Road.The property is Road.N/AThe property’s use will not change;The outward appearance of the building will not change;Traffic will not be impacteddwelling unit and there is various active transit corridors along Manawagonish and Catherwood Road;Adequate parking will be provided;N/AN/AN/A i. i. ii.v.ii.v. iv.iv. iii.iii.vi. vii. -There are no exterior changes to the building and or property that will affect the toN/AConforming to the Building Code will ensure public health and safety considerations necessary to add an additional dwelling unit. c.d.e.f. 5 related - ts related to 8; - 7 and I - ms and conditions of Policy I reduce any conflict with adjacent land uses by ; ommunity facilities; i. Financial inability of the City to absorb cosdevelopment and ensure efficient delivery of services, as determined through Policy Iii. The adequacy of central wastewater or water services and storm drainage measures;iii. Adequacy or proximity of school, recreation or other civ. Adequacy of road networks leading to or adjacent to the development; andv. Potential for negative impacts to designated heritage buildings or areas.i. Type of use;ii. Height, bulk or appearance and lot coverage of any proposed building;iii. Traffic generation, vehicular, pedestrian, bicycle or transit access to and from the site;iv. Parkingv. Open storage;vi. Signs; andvii. Any other relevant matter of urban planning. c. Appropriate controls are placed on any proposed development where necessary toreason of:d. The proposed site is suitable in terms of steepness of grade, soil and geological conditions, locations of watercourses, wetlands and susceptibility of flooding as well as any other relevant environmental consideration;e. The proposal satisfies the terto timeframes and phasing of development; andf. The proposal meets all necessary public health and safety considerations. Presentation June 12, 2023 Common Council 693 Manawagonish Road Growth & Community Services Staff Recommendation for Council Resolution Property: 33 Birch Grove Terrace stnd Public Hearing, 1 and 2 Reading: June 12, 2023 Item Required: Recommendation (Y/N) Municipal Plan No Amendment stnd Zoning By-Law Yes That Common Council give 1 and 2 reading to an Amendment Amendment to the Zoning By-law which rezones a parcel of land having an area of approximately 1,036 square metres, located at 33 Birch Grove Terrace, also identified as PID Number 55230767, from One-Unit Residential (R1) to Low- Rise Residential (RL). Other No rd 3 Reading: tentatively scheduled for June 26, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment rd Zoning By-Law Yes That Common Council give 3 reading to an Amendment to Amendment the Zoning By-law which rezones a parcel of land having an area of approximately 1,036 square metres, located at 33 Birch Grove Terrace, also identified as PID Number 55230767, from One-Unit Residential (R1) to Low-Rise Residential (RL). Recission of No Previous s. 39/s. 59 Conditions Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 1,036 square metres, located at 33 Birch Grove Terrace, also identified as PID Number 55230767 a. The use of the site is limited to a maximum of 4 units. Section 59 No Agreement Section 131 No Agreement Other No /hb/L\[w9thw M&C No.2023-152 Report DateJune 08, 2023 Meeting DateJune12, 2023 Service AreaGrowth and Community Services Her Worship Mayor Donna NoadeReardon and Members of Common Council SUBJECT: Council Supplementary Report -33 Birch Grove Terrace OPEN OR CLOSED SESSION This matter is to be discussed in Open Session of Common Council. AUTHORIZATION Primary AuthorCommissionerChief Administrative Officer Ļǝğ ağƷƷƭƚƓWğĭƨǒĻƌźƓĻ IğƒźƌƷƚƓW͵ .ƩĻƓƷaĭDƚǝĻƩƓ RECOMMENDATION That Common Council adopt the following staff recommendation: 1.That Common Council rezone a portion of a parcel of land having an area of approximately 1,036 square metres, located at 33 Birch Grove Terrace, also identified as PID Number 55230767, from hƓĻΏƓźƷ wĻƭźķĻƓƷźğƌ ΛwЊΜ to \[ƚǞΏwźƭĻ wĻƭźķĻƓƷźğƌ Λw\[Μ. 1.That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 1,036 square metres, located at 33 Birch Grove Terrace, also identified as PID Number 55230767 a.The use of the site is limited to a maximum of 4 units. EXECUTIVE SUMMARY During the May16,2023meeting of the Planning Advisory Committee(PAC),the Committee reviewedthe rezoning application for the property at 33 Birch Grove Terrace.PAC is recommending denial of the staff recommendation due to concerns related to the proposed onsite parking and an open enforcement case onthe property. This report providesan overview and assessment of the Staff recommendation and PAC recommendation. Despite PAC's recommendation to deny the application, staff maintain their recommendation of approvalto rezone witha section 59 condition limiting the use of the site to 4 units. - 2 - PAC RECOMMENDATION th On May 16, 2023, Planning Advisory Committee reviewed the application to rezone 33 Birch Grove Terrace. They voted in opposition to recommendation and made a recommendation to Common Council to deny the rezoning application. REPORT th On May 16, 2023, the Planning Advisory Committee was presented with an rd application to rezone 33 Birch Grove Terrace, to legalize a 3 unit in the existing buildingunits to 4 in the future, allowing for a gentle increase in density. This recommendation was based on site constraints including topographical challenges and the presence of Wetlands that would likely ensure future development would be limited to the existing building footprint. Staff would support the recommendation for the increase in density due to the presence of higher density zoning in the surrounding neighbourhood as well as mixed typologies of housing such as single-unit dwellings, semi-detached dwellings, and townhouse dwellings. Local residents raised concerns over the onsite parking and the sentiment that the change in density would not be in keeping with the character of the neighbourhood. They were concerned about the impact of increased on-street parking and the fact that work had been previously done without a permit. During the meeting, PAC considered the feedback provided by both staff and members of the community. PAC acknowledged the concerns of the neighbours regarding parking and work being done without permits. Ultimately PAC voted to deny staff recommendation and made a motion to make a recommendation to Common Council to deny the rezoning application. tğƩƉźƓŭ The site plan for 33 Birch Grove Terrace provides for up to 6 parking spaces onsite, which would include two parking stalls located within the attached garage, two stalls in front of the garage, and two tandem stalls on the lower driveway. Birch Grove Terrace is a dead-end street that has a functional bulb at the end of the street and no on-street parking restrictions. Despite concerns from neighbours about access and maintenance during the winter, the proposal meets the parking requirements of the Zoning Bylaw. The Bylaw also does not address the grade of the driveway. Many public parking spaces in the uptown, especially King Street, have a steeper grade than the site at 33 Birch Grove Terrace and it does not affect their suitability and use. Despite concerns raised by neighbours about the tenants parking on the street, there is no legal mechanism to require tenants or residents of a property to park onsite. Unless a street has been identified for no on-street parking, residents and visitors are free to park on the street. As noted earlier, there are no street - 3 - parking restrictions on Birch Grove Terrace. The Zoning By-law requires 1 parking stall per unit in a multi-unit building. The site plan provides 6 parking spaces onsite, which is more than the parking spaces required for the proposal. These parking stalls meet the standards of the Zoning By-law regarding stall size and manoeuverability. 9ƓŅƚƩĭĻƒĻƓƷ In 1984, PAC granted a variance to allow of a decrease in setbacks to accommodate an indoor pool which was later filled in to create addition living space by a subsequent owner. The applicants, who are new owners of the site, built a kitchen, which allowed for the conversion of the former pool house into a third unit. This work was undertaken without a building permit and upon discovery, the City began enforcement. The property is currently zoned One-Unit Residential (R1) which only allows for two units on a property, through one unit servicing as a main dwelling unit and the second unit functioning as a secondary suite. enforcement process it is standard practice for a property owner to remedy compliance by seeking the required planning permissions. This allows for the property to be compliant with the -Law and pursue building permits to have the work inspected for habitability, a. /ƚƓĭƌǒƭźƚƓ The proposed rezoning to legalize an existing three-unit residential development the proposal -law. The proposed rezoning will facilitate the continued use of the property as a low-density multi-unit building. While the proposal conforms with the Municipal Plan and would conform with the proposed zoning, PAC had concerns regarding the potential impact on the existing residential neighbourhood including increased use of on-street parking and the current open enforcement case. As such, PAC recommends the denial of the application. Staff recommendation was based on a review of the land use compatibility of the proposal and its . Staff are recommending approval of the rezoning with the inclusion of a Section 59 Condition establishing a 4-unit maximum cap and that First and Second Reading be given to the proposed rezoning. STRATEGIC ALIGNMENT - 4 - Th Belong. The development also conforms to the policies established in the Municipal Plan and meets all requirements of the Zoning By-Law. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Building Inspections Service Area has been working with the applicant to ensure the property is in compliance with Building Inspections and Enforcement Team are supportive of the rezoning rd application to legalize the 3 dwelling unit. Any work to be done to ensure the units meet the National Building Code will require a building permit. No other ATTACHMENTS Site Photographs SUPPLEMENTARY REPORT ATTACHMENT: SITE PHOTOGRAPHY Driveway viewed from Birch Grove Terrace – 2 stalls inside garage, 2 stalls in front of garage Second driveway viewed from Birch Grove Terrace – 2 tandem stalls PLANNING ADVISORY COMMITTEE May 17, 2023 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT:Proposed Rezoning 33 Birch Grove Terrace OnApril17, 2023 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 16, 2023 meeting. CaiHong Yang, owner of the site, appeared before the Committee and expressed agreement with the staff recommendation. She initially stated that she lived at the address. She also answered questions around costs of rent for the units, and responded that the second driveway on the slope was useable in the winter. Eric Eastwood, a resident of Birch Grove Terrace, appeared before the Committee and spoke in opposition to the proposal.Mr. Eastwood raised concerns that the second driveway was inaccessible in the winter and that large trucks like the garbage truck have difficulty turning at the end of the street when cars are parked on the street. He voiced his concern that a third unit will change the character of the neighborhood, specifically with the extra vehicles parking on the street and the installation of 3 propane tanks. Another issue that he brought up was in regards to the process of enforcement and how it should be done better as work was done without building permits. He indicated that since the complaint was lodged, there had been no communication from the city about the status of the enforcement case -until he received the letter informing him that the subject property was up for rezoning. This was 6 months after his initial by-law complaint. Kathy Eastwood, a resident of Birchgrove Terrace, also appeared before the Committee to voice opposition to the proposed rezoning. She expanded on Page 1of 3 Haipeng Luo33Birch Grove TerraceMay 17, 2023 concerns of parking on-site and off-site during the winter. She also voiced concerns with the propane tanks. Ms. Eastwood said they would welcome a density increase but would prefer to see the maximum number of units capped at 3. Ms. Eastwood answered committee questions regarding the placement of building materials and about how she and her husband had been the ones to notify the city of the work. They had initially believed that the work was restricted to the exterior (including the deck), and that the work had been done with proper building permits until they saw that a third mailbox had been placed on the property. They observed city staff stop at the property but were not informed of any enforcement case details. The Committee requested the applicant return to answer questions regarding living in the dwelling unit and the propane tanks. The applicant stated they had previously lived in the house but had recently moved. Ms. Yang also clarified that a certified company had been the ones to arrange the placement and installation of the propane tanks. Staff clarified, when asked by the committee, that unless signage is posted with parking restrictions, PAC and staff cannot restrict on-street parking. They also clarified that the applicant would have double building permit fees due to initial work being undertaken without a permit and that there is an active enforcement case, which includes the application to rezone the property. It was also noted that details of enforcement cases are not shared with the public. Staff also explained rd that should the rezoning application be denied, that work done to create the 3 unit would need to be undone, specifically the kitchen would need to be removed. Committee members discussed parking concerns and density concerns. The rd largest concern discussed was legalizing a 3 unit when work had been done by the applicant without a permit. Members of the Committee noted that by approving a rezoning application for work done without proper permitting, they were concerned they were setting a precedent. Other committee members were concerned about the number of parked cars on the street, and how they could pose a safety concern for snow plowing and emergency vehicles. No other persons appeared before the Committee and four letters in opposition were received regarding this proposal. After considerable discussion around concerns of parking and the active enforcement case, the Committee disagreed with Staff Recommendation and made the recommendation as set out below. Page 2 of 3 Haipeng Luo 33Birch Grove TerraceMay 17, 2023 RECOMMENDATION: That the Application be denied. Respectfully submitted, Alexandra Weaver Crawford Chair Attachments Page 3of 3 Date: May 11, 2023 To: Planning Advisory Committee From:Growth & Community Services Meeting: May 16, 2023 SUBJECT Applicant: HaiPeng Luo Landowner: HaiPeng Luo and CaiHong Yang Location: 33 Birch Grove Terrace PID: 55230767 Plan Designation: StableResidential Existing Zoning: One-Unit Residential (R1) Proposed Zoning: Low-RiseResidential (RL) Application Type: Rezoning Jurisdiction:The Community Planning Act authorizes thePlanning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee’s recommendation at a public hearing on Monday,June 12, 2023. EXECUTIVE SUMMARY The applicant is applyingtorezone the siteat 33Birch Grove Terrace from One-Unit Residential (R1) to Low-Rise Residential (RL) to facilitatethe legalization of a third unit in the existing building. The owners of the propertyareseekingto legalize thethird dwelling unit that was created by a previous property owner, which would bring the units into compliance with the Zoning By-law. Approval of the application is recommended. Page 1 of 5 HaiPeng Luo33 Birch Grove TerraceMay 11, 2023 RECOMMENDATION 1. That Common Council rezone a portion of a parcel of land having an area of approximately 1,036 square metres, located at 33 Birch Grove Terrace, also identified as PID Number 55230767, from One-Unit Residential (R1) to Low-Rise Residential (RL). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 1,036 square metres, located at 33 Birch Grove Terrace, also identified as PID Number 55230767: a. The use of the site is limited to a maximum of 4 units. DECISION HISTORY On December 11, 1984, the Planning Advisory Committee approved a variance for the setbacks of an addition to create an indoor pool. It should be noted that the building addition associated with this variance is the location of the non-compliant third dwelling unit. ANALYSIS Proposal The applicant is proposing to rezone the subject site to Low-Rise Residential (RL) to legalize an existing third dwelling unit. The rezoning would bring the property into compliance with the Zoning By-law. The building consists of a 3-bedroom unit on the main floor, a 2-bedroom unit in the basement and a 2-bedroom unit in the former pool house. Each unit has access from the exterior of the building and is provided with a parking space as per the requirements in the Zoning By-law. The property owner is submitting the application to legalize the third unit which was constructed by a previous property owner. Site and Neighbourhood The subject site is located in Millidgeville which is located within the northern portion of the City. The immediate residential neighbourhood has a mixture of low to medium density zoning which supports a variety of housing types including single-detached dwellings, semi-detached and duplexes, townhouses and apartment buildings. In the immediate area of the subject site residential uses in the forms of single and semi-detached homes, as well as larger townhouse dwellings comprise the area along Tudor Lane and Birch Grove Terrace. The area north of the site is largely single-detached dwellings but the area south of the site is a mixture of single detached dwellings and multi-unit residential buildings. The broader surrounding area, including Millidge Avenue and University Avenue, is characterized by having a mixture of land uses that supports a diverse range of housing typologies with varying densities, commercial uses, educational facilities, and recreational uses. This is represented through the diverse types of zoning found in the general vicinity including residential zones of various densities; One-Unit Residential (R1), Two-Unit Residential (R2), Low-Rise Residential (RL), and Mid-Rise Residential (RM). The nearby commercial node contains General Commercial (CG) and Local Commercial (CL) designations. Other community and governmental uses such as Utility Services (US), Neighbourhood Community Facility (CFN) Page 2 of 5 HaiPeng Luo33 Birch Grove TerraceMay 11, 2023 and Major Community Facility (CFM) also are present in the wider neighbourhoodand include the University of New Brunswick Saint John campus, the Saint John Regional Hospital and the Shannex Seniors Residential complex. The subject site is accessible by a variety of transportation options. The area is served by Route 25, with transit stops located within 500 metres of the subject site. Route 25 is a north-south route which provides connections between Millidgeville and the Uptown and is considered a main transit route to the University. In addition, the site is accessible by different modes of active transportation. While there are no dedicated bike lanes on Birch Grove Terrace or the northern portion of Millidge Avenue, bike lanes do run north and south along Millidge Avenue near University Avenue, which is connected to a broader network of bike lanes throughout the City. Although Birch Grove Terrace does not include sidewalks, pedestrian movement is facilitated by sidewalks on the south side of Tudor Lane and on both the east and west sides of Millidge Avenue. Municipal Plan and Rezoning Municipal Plan The site is designated as Stable Residential in the Municipal Plan. An analysis of the proposal with respect to the relevant policies of the Municipal Plan is provided in Attachment 2. The proposal conforms to the policies established within the Municipal Plan. While a density target is not provided for Stable Residential areas, housing of almost every form and density may be found. Development proposals located within existing neighbourhoods should take into account the existing neighbourhood context and should reinforce the predominant community character and make a positive contribution to the existing neighbourhood. The proposed development is located within an existing building and will not require any exterior alterations to support the legalization of the third dwelling unit. The proposed development is compatible with the vision established within the Municipal Plan, as the proposed development: Provides densification in an area with existing municipal services. Is compatible with surrounding land uses given the variety of existing building typologies and dwelling types found within the area, including other properties zoned for higher density. The proposal represents an opportunity to support additional density in a suburban context while retaining the community character, as the proposed development utilizes an existing building and no changes to the exterior of the building are required. The legalization of this development would also ensure the preservation of 2- and 3-bedroom dwelling units which are a housing typology needed within the City. From the analysis of the proposed development for alignment with the Municipal Plan Policies (Attachment 2), staff are of the opinion that the proposed development achieves the intent of the Municipal Plan based on the proposed use in the development. Page 3 of 5 HaiPeng Luo33 Birch Grove TerraceMay 11, 2023 Zoning The Low-Rise Residential (RL) Zone accommodates a range of low-density residential uses ranging from a single-detached dwelling to a six-unit building. The RL zone is compatible with the surrounding development pattern and would bring the subject site into compliance with the Zoning By-law. The proposed three-unit development aligns with the regulations established for the RL zone within the City’s Zoning By-law. This includes the provision of the required onsite parking spaces to support the three dwelling units. Section 59 Conditions and The Affordable Housing Action Plan Common practice in the City of Saint John has been to include a Section 59 condition that limits proposed rezonings to a maximum number of dwelling units. The unit number caps have always been tied to the specific proposal presented as part of the rezoning process and have been used to tie a rezoning to a very specific development proposal. This trend has resulted in an increased number of Section 59 amendment applications being submitted to allow increases to the unit count within existing developments and occasionally in advance of new construction projects. These increases are often minimal in nature and are typically the result of design changes to the size of proposed dwelling units as opposed to expansion of the existing or proposed building footprint. With the adoption of the City’s Affordable Housing Action Plan, staff are looking at amending previous practices to “permit/encourage various innovative housing models to help expand the supply of housing”. While the applicant has proposed to rezone to Low-Rise Residential to accommodate the three existing units, staff undertook an assessment of the existing building and property to determine if there would be existing capacity for a possible unit increase in the future. The existing building has a large footprint and based on the standards of the RL zone, it would have the size capacity to contain six large dwelling units (units containing 3 or more bedrooms). Staff also assessed the existing site development, which contains parking for four vehicles. Based on the onsite parking, staff has determined that the property could theoretically accommodate four dwelling units. If increased to four units in the future, the site could still meet the Zoning By-Law standards for the RL zone with no changes to the exterior, including minimum floor space for each unit and onsite parking. If a proposal were to be brought forward to increase the unit count above the existing three-units, it would be subject to the standards established in the RL zoning, as well as meeting the requirements of the National Building Code of Canada. The recommendation of the unit cap of four dwellings will allow for flexibility in the future, while still ensuring alignment with the City’s Zoning By-Law. Building and Enforcement The Building Inspections Service Area has been working with the applicant to ensure the property is in compliance with the National Building Code. The City’s Building Inspections and rd Enforcement Team are supportive of the rezoning application to legalize the 3 dwelling unit. Any work to be done to ensure the units meet the National Building Code will require a building permit. No other concerns were raised by the City’s other service areas. Page 4 of 5 HaiPeng Luo33 Birch Grove TerraceMay 11, 2023 Conclusion The proposed rezoning to legalize an existing three-unit residential development aligns with the policies established in the City’s Municipal Plan and conforms to the City’s Zoning By-law. The proposed rezoning will facilitate the continued use of the property as a low-density multi-unit building. Staff are recommending approval of the rezoning with a Section 59 amendment that would limit the number of units in the future to four. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT 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 May 1, 2023. The public hearing notice will be posted on the City of Saint John website on or before May 18, 2023. APPROVALS AND CONTACT Manager Commissioner Jennifer Kirchner, RPP, MCIP Jacqueline Hamilton, MCIP, RPP Contact: Yeva Mattson Telephone: (506) 721-8453 Email: yeva.mattson@saintjohn.ca Application: 23-0044 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Submission 1: Site Plan Page 5 of 5 ATTACHMENT 1: SITE PHOTOGRAPHY Subject Site from Birch Grove Terrace stndrd Rear of Subject Site from Backyard(1unit on top floor, 2unit on lower floor, 3unit right bottom corner) rd unit) Rear of Subject Site from rear Parking Stall (looking at 3 Subject Site looking at 4 parking stalls (2 above, 2 on lower level) Birch grove Terrace looking West Birch grove Terrace looking East (road dead ends in bulb) , . and being character increase This proposal unit residential - with the or accesses dwelling unit within rd . residential structure. existing footprint of the gentle density to the exterior of the building a s landscaping in the unit dwellings. - with change changes to the exterior of the building and 3 neighbourhood context, as the legalize an existing 3 legalization of an existing 3 existing infrastructure and government would introduce existing not require the not require any design of the building is compatible Assessment proposal will ent established residential uses in the area . with no changes to the existing is sensitive to the established neighbourhood and aligns with the , ensure the property is serviced by development will re the maintenance of existing 2 The proposed land use would an existing residential building. The proposed rezoning and buildingvariety of Theservices.The development will be containedbuildingproposed The Birch Grove Terrace This proposal aligns with the goal of higher density and intensification in the Municipal Plan. This This developmof the area. ensuwould also conform with proposed development is located within an existing which will a.b.c.d.e. Municipal Plan Policy Review Attachment 2: neighbourhood context and that address such matters as safe access, buffering designated Stable Residential will evolve over time from form perspective but that new and redeveloped land - e Residential shall generally be permitted only through a 88 86 87 - -- ity facilities which are permitted in the designation without The proposed land use is desirable and contributes positively to the neighbourhood; The proposal is compatible with surrounding land uses; 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; Site design featuresand landscaping, site grading and stormwater management are incorporated; A high quality exterior building design is provided that is consistent with the Urban Design Principles in the Municipal Plan. a.b.c.d.e. Policy LU Ensure that significant new development and redevelopment in areas designated Stablrezoning process where compliance is demonstrated with the following requirements: Municipal Plan PolicyPolicy LU Within the Stable Residential designation, housing of almost every form and density may be found and both the existing compatibility with the Municipal Plan goals will determine suitability of new proposals. Other compatible uses that may be found in the Stable Residential designation include convenience stores, home occupations, parks, and communamendment to the Municipal Plan.Policy LU Intend that the areas a land use and builtuses are to reinforce the predominant community character and make a positive contribution to the neighbourhood. . The design and standards . oning z ll utilize existing infrastructure and the exterior of the site conforms to all relevant residential land use policies as established in the alterations to the property as part of this , and The development wi is located on an existing lot in an established residential are no proposed changes to Municipal Plan re are no proposed re This proposal aligns with City’s The proposal neighbourhood. will not have a negative impact on service provision. Thescale of the existing building will be retained. Theproposed development. a.b.c.d. imposition of terms pacts to designated heritage buildings or uirements of all City bylaws; 8; - 7 and I - proposed building; Financial inability of the City to absorb costs related to development and ensure efficient delivery of services, as determined through Policy IThe adequacy of central wastewater or water services and storm drainage measures;Adequacy or proximity of school, recreation, or other community facilities;Adequacy of road networks leading to or adjacent to the development; andPotential for negative imareas. Type of use;Height, bulk or appearance and lot coverage of any Traffic generation, vehicular, pedestrian, bicycle or transit access to and from the site;Parking;Open storage;Signs; andAny other relevant matter of urban planning. 2 - i. i.ii.iii.iv.v.ii.v. iii.iv.vi. consideration; The proposal is in conformity with the goals, policies and intent of the Municipal Plan and the reqThe proposal is not premature or inappropriate by reason of:Appropriate controls are placed on any proposed development where necessary to reduce any conflict with adjacent land uses by reason of:The proposed site is suitable in terms of steepness of grade, soil and geological conditions, locations of watercourses, wetlands, and susceptibility of flooding as well as any other relevant environmental vii. a.b.c.d. Policy I In considering amendments to the Zoning Bylaw or the and conditions, in addition to all other criteria set out in the various policies of the Municipal Plan, have regard for the following: May 5, 2023 Hi Yeva, Thank you for the letter, dated April 23, 2023, regarding the rezoning application for 33 Birch Grove Terrace. I received it, via mail, May 4th, 2023. I would not wish to stand in opposition to individual solution to offer more housing opportunities and / or make one's property as financially viable as possible. Having compared both zones' requirements, I understand the major salient change un-intentionally proposed is to expand the number of units from, essentially, 2 to a maximum of 6. The current configuration, and building height, being a 3-unit solution. I understand that no one can predict what may be planned on a property once zoning is changed. I understand that PID 06489325 and PID 06489309 form (or potentially form future) part of "33 Birch Grove Terrace". As such, there appears to be potential space on the site to add-on to existing building and potentially apply for a future building permit under a proposed RL zone to add 3 more units. If we can consider the current 3-unit building to have met (slightly exceeded) R1 zone requirements even though it may not be 9m to 11m high, would it be reasonable to limit future property development, as RL zoning, to be no higher than existing building? Maybe this rezoning application documents the building height somewhere? I think it is only reasonable to constrain future development allowance to match adjacent residential fabric. Page 1 of 2 Below, I offer you my opinion and request, in visual form. I do not object to a potential 6-unit building if it is limited to be no-higher than the existing building. Given that Birch Grove Terrace is a third- hierarchy cul-de-sac (a cul-de-sac, off a cul-de-sac, off the original cul-de-sac), it would be a very odd proposal to allow a taller-than- adjacent development so far removed from an arterial road, into a very low-residential city fabric. I think a height caveat is a reasonable solution to allowing a tripling of unit capacity without adversely affecting adjacent building's vistas and related property values. The related parking load increase (presuming a 6-unit potential) may become a safety concern. I must trust the city planners to manage (and hold to account) 6--street parking effect in a cul-de-sac condition. The snowplows already appear to have a challenge turning and plowing the cul- de-sac for safe and prompt emergency vehicle access. The steep driveway appears to prompt on-street parking during ice storms. The 3-unit occupancy and on-street carload appear to be manageable. We've not observed any issues. I can imagine a 6-unit (multi-car per unit) load to be too much for safe on-street parking in the cul-de-sac. Maybe a future 6-unit development application would include development charges for larger cul-de-sac geometry - as I said, I trust city planners to review and constrain this current application so all stakeholders may be aware. I would like to be aware of planner's recommendation (height / future parking). Does that mean I need to attend May 16th Committee meeting, or can I know this beforehand? Warm regards, Luc Nugent 44 Birch Grove Terrace Saint John, E2K 2J3 Page 2 of 2 From: alyssa hayes Sent: Tuesday, May 30, 2023 8:04 PM To: OneStop <onestop@saintjohn.ca> Subject: 33 Birch Grove Terrace Rezoning \[ External Email Alert\] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047.** To whom it may concern, I am writing to share my utmost satisfaction and gratitude for the exceptional service and outstanding experience I have had with my landlord, Haipeng. As a tenant in their building, I have been consistently impressed with their professionalism, attentiveness, and dedication. The positive and respectful atmosphere, along with the careful selection of tenants, creates a welcoming and harmonious environment. I must also acknowledge the high standard of cleanliness and maintenance maintained by Haipeng. The common areas are always immaculate, and any issues are promptly resolved. Their commitment to ensuring the property's upkeep reflects their dedication to providing a comfortable and enjoyable living space for their tenants. Haipeng takes great pride in the property, it is a beautiful place to live. The well-maintained yard and beautiful assortment of flowers makes this a place my family is proud to live. We are happy to have such an amazing home to raise our daughter in. Sincerely, Zach & Alyssa From:Kelley Watt <sendtokelley@gmail.com> Sent:May 10, 2023 2:02 PM To: OneStop Subject:Against Rezoning 33 Birch Grove Terr Categories: KelleyWatt 21BirchGroveTerrace DearPlanningAdvisoryCommittee, Iam against theͷwĻǩƚƓźƓŭApplicationfor33BirchGroveĻƩƩğĭĻ͸(ApplicationNo.230044). WhenIpurchasedmyhomeon21BirchGroveTerracein2009,thehousenextdoor,33BirchGroveTerracewasa singlefamilydwelling.Ihadnoissueswiththeannexbuildinginthebackoftheneighbouringhouse,containinganin groundpool.Myconcernsarose,in2022,when2extraelectricalentranceswereaddedandconstructionbeganonthe annexbuildingtobuildanapartment.Iwouldnothavepurchasedmyhomeknowingthatanapartmentcomplexwould bebuiltbesidemeandIwouldbelookingdirectlyintoƭƚƒĻƚƓĻ͸ƭbedroomandlivingspace,withthemlookingbackat me.Inowhaveconcernsabouttheresalevalueofmyhome. Thankyou, KelleyWatt 1 From:OneStop To:Mattson, Yeva Subject:FW: Rezoning Application 33 Birch Grove Terrace Date:May 15, 2023 6:07:56 AM Attachments:street.png From: marie morris Sent: Friday, May 12, 2023 11:56 AM To: OneStop <onestop@saintjohn.ca> Subject: Rezoning Application 33 Birch Grove Terrace \[ External Email Alert\] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047.** Ms. Mattson I am against the re-zoning proposal of 33 Birch Grove Terrace. Having been a resident for over thirty years and soon to be a retiree our home has always been on a quiet cul-de-sac. With the added traffic that this re-zone would bring and the shock I felt when down the road (as outlined in para.3 page 4) of the Growth & Community Services report there is potential for additional units I am beyond disappointed. As I mentioned in our telephone conversation, if the owner has provided off street parking it is not being used as seen in the attached copy of the city's photo and is a daily occurrence. You will also see from the committee photo that the cars are on either side of the fire hydrant and in addition there are suddenly two large basketball standards on the street. To my knowledge there are no children on this street and again making the turn around option difficult. When we purchased our home, we had three young children all athletic but never would we have thought it was alright to put their equipment on the street. I am not sure where these came from. The next concern is garbage day, with all the additional bins being put out again with the vehicles on the street will not make it easy for your drivers. I would be interested in knowing if the owners live in the property and if they plan to continue to stay. My opinion is that it should be owner occupied. We are a third artery for snow plowing and I have over the years lost work time due to the plowing issue, again extra vehicles will not improve this. After reading the Planning Advisory report it was disappointing how bias this was to the applicant with no regard for the long time residents who like ourselves have kept beautiful thrd properties and paid taxes all these years, only to receive a letter on May 5 dated April 23 with the report released last night on May 11th, 2023. We hope that our concerns will be acknowledged and careful thought given to this proposal, and thought be given to the quality of life for the rest of the street. thanking you in advance Marie Morris 18 Birch Grove Terrace ŭ Ɠ ź , 2023 th Ɠ ƚ ǩ Ļ June 12 w Council Presentation Ļ ĭ ğ Ʃ Ʃ Ļ Ļ ǝ ƚ Ʃ D ŷ ĭ Ʃ ź . Ќ Ќ Growth & Community Services Non-Conforming Use Satisfactory Servicing Section 39 Amendment Zoning By-law Amendment Application Checklist & Submission Package This document and all attachments are provided as assistance to persons seeking certain approvals and permits as required by various by-laws of the City of Saint John and other acts and regulations. Should there be a discrepancy between this document, and all attachments, and the associated by-law, act or regulations, the associated by-law, act or regulation shall prevail. Updated Growth& CommunityServices Phone: (506) 658-2911 www.saintjohn.ca Email submissions to:onestop@saintjohn.ca Council Application Checklist required for a complete applicationfor: Non-Conforming Use Satisfactory Servicing Section 39 Amendment Zoning By-law Amendment Applicant must submit all that are applicable: Completed Application Formsigned by the registered lot owner or authorized agent. Feein accordance withSchedule B of the Zoning By-law. Detailsof any proposed development,which may include: o Site Plandrawn to scale illustrating the following: Location of lot lines and lot dimensions; Location and setbacks of buildings and structures; Location and dimensions of easements and rights-of-way; Location and nature of site improvements, including driveway accesses, parking (including barrier free and bicycle), loading, drive-thru facilities, landscapingand amenity spaces, and signs; Topographic features, including watercourses, bodies of water, wetlands, grade changes, and drainage; and o Preliminary Building Plans drawn to scale, which may includefloor plans. Other informationmay also be required to complete the application. It is therefore strongly recommended that the applicant consult with City staff prior to submission. General Application Form GROWTH & COMMUNITY SERVICES onestop@saintjohn.ca Phone: 658-2911 Fax: 632-6199 CITY OF SAINT JOHN LOCATIONCIVIC ADDRESS :PID # : HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N APPLICATION #:DATE RECEIVED: RECEIVED BY: APPLICANTEMAILPHONE MAILING ADDRESS POSTAL CODE CONTRACTOR EMAILPHONE MAILING ADDRESS POSTAL CODE OWNEREMAILPHONE MAILING ADDRESS POSTAL CODE PRESENT USE:PROPOSED USE: BUILDINGPLANNINGINFRASTRUCTUREHERITAGE INTERIOR RENOVATIONNEW CONSTRUCTIONVARIANCESTREET EXCAVATIONHERITAGE DEVELOPMENT EXTERIOR RENOVATIONACCESSORY BLDGPLANNING LETTERHERITAGE SIGN DRIVEWAY CULVERT ADDITIONPOOLPAC APPLICATIONHERITAGE INFILL DRAINAGE DECKDEMOLITIONCOUNCIL APPWATER & SEWERAGEHERITAGE DEMO CHANGE OF USESIGNSUBDIVISIONOTHEROTHER MINIMUM STANDARDSOTHEROTHER I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement I, the undersigned, hereby apply for the permit(s) or approval(s), indicated above for the work described on plans, submissions and forms herewith This information is being collected in order for the City of Saint John to deliver an existing submitted. This application includes all relevant documentation necessary for program / service; the collection is limited to that which is necessary to deliver the program / the applied for permit(s) or approval(s). I agree to comply with the plans, service. Unless required to do so by law, the City of Saint John will not share your personal specifications and further agree to comply with all relevant City By-laws and information with any third party without your express consent. conditions imposed. The legal authority for collecting this information is to be found in the Municipalities Act and _______________________________________________________ the Right to Information and Protection of Privacy Act. For further information or questions Applicant Name regarding the collection of personal information, please contact the Access & Privacy Officer: _______________________________________________________ CityHallBuilding Applicant Signature 15Market Square Saint John, NB E2L 1E8 _______________________________________________________ commonclerk@saintjohn.ca Date (506) 658-2862 Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESSAPPLICATION #FEE PAID Y N TYPE OF APPLICATION Land for PublicPurposesNon-Conforming UseSatisfactory Servicing Release ServiceFee:$200ServiceFee:$200 Service Fee:$300 Section9AmendmentZoning By-law AmendmentZoning By-law Amendmentwith aMunicipal Plan Amendment Service Fee:$2,ServiceFee:$ ServiceFee:$3, DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attachsite plans, buildingelevations, floorplans,and other documentationto fully describe the application. The submission of a preliminary proposaland a Pre-Application Meeting is encouraged prior to seeking approval. Please contact the One-Stop Development Shop at (506) 658-2911 for further information. ENCUMBRANCES Describe any easements, restrictive covenants, andother encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered ownerof the landdescribed in this applicationor the authorized agent thereof, and I have examined the contents of this application andhereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to representthis matter and to provide any additionalinformation that will be necessaryfor this application. Registered Owner or Authorized AgentAdditional Registered Owner Gfc/!19-3134 DateDate The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Proposed Zoning By-Law Amendment RE: 33 Birch Grove Terrace Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chambers on Monday June 12, 2023, at 6:30 p.m., by: 1. Rezoning a parcel of land having an area of approximately 1039 square metres, located at 33 Birch Grove Terrace, also identified as PID 55230767, from One-Unit Residential (R1) to Low Rise Residential (RL) as illustrated below. REASON FOR CHANGE: To legalize a third unit in the existing building For details on how to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk@saintjohn.ca. Written objections to the amendment may be provided in writing and/or verbally at the Public Hearing to be held by Office in advance at commonclerk@saintjohn.ca If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 Projet de modification de Objet : 33 terrasse Birch Grove Par les présentes, un avis public est donné par lequel le conseil communal de The City of Saint réunion ordinaire qui se tiendra dans la salle du conseil le lundi 12 juin 2023 à 18 h 30, en apportant les modifications suivantes : 1. 1039 mètres, situé au 33 terrasse Birch Grove, également identifié comme le NID 55230767, de zone résidentielle unifamiliale (R1) à Zone résidentielle (RL), dessous. INSERT PHOTO (this is just a note to make sure the photo goes here on the web site, no need to actually insert it) RAISON DE LA MODIFICATION: Légaliser une troisième unité dans le bâtiment existant CommonClerk@saintjohn.ca Veuillez faire part de vos objections au proje Si vous avez besoin des services en français pour une réunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal (506) 658-2862 BY-LAW NUMBER C.P. 111-XARRÊTÉ NO C.P. 111-XARRÊTÉ A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Lors d'une réunion du conseil Common Council convened, as follows: communal, The City of Saint John a décrété ce qui suit : L'arrêté sur le zonage de The The Zoning By-law of The City City of Saint John, décrété le quinze (15) of Saint John enacted on the fifteenth day of décembre 2014, est modifié par : December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a Plan de zonage de la ville de Saint parcel of land having an area of John, permettant de modifier la approximately 1039 square metres, désignation pour une parcelle de located at 33 Birch Grove Terrace, also terrain identified as PID 55230767, from One- 1039 mètres carrés, situé au 33 Unit Residential (R1) to Low-Rise Residential (RL). terrasse Birch Grove, également identifié comme le NID 55230767, de Zone résidentielle unifamiliale (R1) à Zone résidentielle Immeubles RL). - all as shown on the plan attached hereto - toutes les modifications sont and forming part of this by-law. indiquées sur le plan ci-joint et font partie du présent arrêté. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common EN FOI DE QUOI, The City of Saint John a Seal of the said City to be affixed to this by-law fait apposer son sceau communal sur le the X day of June, A.D. 2023 and signed by: présent arrêté le X juin 2023, avec les signatures suivantes: _______________________________________ Mayor/Maire ______________________________________ Common Clerk/Greffier communal First Reading - X Première lecture - X Second Reading - X Deuxième lecture - X Third Reading - X Troisième lecture - X COMMON COUNCIL REPORT M&C No.2023-149 Report DateJune 06, 2023 Meeting DateJune 12, 2023 Service AreaPublic Works and Transportation Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: Public Hearing for Stop-up and Closure for Portions of Retail Drive AUTHORIZATION Primary AuthorCommissioner/Dept. HeadChief Administrative Officer and Curtis Michael Hugenholtz and J. Brent McGovern LangilleMelanie Tompkins RECOMMENDATION stnd That Common Council give 1and 2Reading to an Amendment to the Street Closing By-law, whichhaving an area of 3,165 square metres and Part. EXECUTIVE SUMMARY The purpose ofapprovalto close two portionsof Retail Drive near its intersectionwithRothesay Avenue. The purpose for this road closureis to allowRetail Drive andAshburn Lake Roadto become aligned, reducing two signalized intersections on Rothesay Avenue down to one. Significant public good for the broader Saint John communitywill be generated. If both Readings aregiven, Third Reading would occur once the new street alignments of Retail Drive and Rothesay Avenue are completed. The public good described in this report can be placed into 6categories that align with Common Council priorities or confirmed through engagementwith staffandother stakeholderswithin our community: 1.Growth readiness and Taxbase growth 2.Supporting existing area businesses 3.Construction of much needed housing 4.Reducing costs to Citytaxpayers 5.Pedestrian safety and accessibility for those will various disabilities 6.Rail crossing safety and stopping train whistles Moving a significant collector road (Retail Drive) where it meetsa significant arterial road (Rothesay Avenue) is challenging. Some negative impacts to some individual stakeholders cannot be avoided with a project of this magnitude. It will be important the community, through Common Council,weigh some - 2 - negative impacts against the public good that the alignment project, supported by the recommended road closure, creates. Simply put, if the portion of Retail Drive currently before Common Council is not closed, there is no feasible path forward to unlock the public good that can be generated by aligning Retail Drive and Ashburn Lake Road. PREVIOUS RESOLUTION At its meeting, held May 23, 2023, Council resolved as follows: RESOLVED that as recommended by the Chief Administrative Officer in the submitted report M&C 2023-131: Retail Drive: 1. That the Public Hearing to consider the passing of an amendment to the Street Closing By- area Stop- 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider the passing of such By-law, identified above; and 3. That the Mayor and City Clerk be authorized to execute the documents necessary to effect the transaction. REPORT Public Good to be Supported by the Proposed Road Closure and Intersection Alignment Project Supporting Tax Base Growth To put it simply, the two adjacent intersections of Ashburn Lake Road and Retail Drive at Rothesay Avenue are quickly reaching their ability to handle more vehicular traffic. Four of the six legs of this intersection are at, or at the limits of, a failing level of service. Virtually all conceivable efforts have been taken to overcome these failing service levels. However, having two signalized intersections only 60 metres apart on busy arterial and collector streets generates operational inefficiencies that simply cannot be overcome without addressing the root issue (eliminating the two adjacent intersections). Aligning these two intersections was part of a larger transportation plan required to support the development of the East Point shopping centre, including what has already been constructed there. Continued taxbase growth in the area will generate even more traffic that could only be supported by addressing this root issue. At East Point alone, significant numbers - 3 - of new housing and millions of dollars of additional assessment growth, leading to more revenues for the City and more housing availability, are planned. A single aligned intersection supports the current and future planned taxbase growth that can only be supported by closing and moving Retail Drive. Supporting Existing Area Businesses The level of service described in the preceding section is measured in how much time motorists must wait at an intersection. A failing level of service, experienced at these intersections, means delay time is exceeding what motorists would tolerate. Motorists avoiding the area given the excess delay translates into avoidance of local businesses. A single aligned intersection will result in decreased wait time for motorists navigating the area, supporting access to existing businesses. Supporting Increase in Housing Stock It has been well documented that constructing more housing stock is one of the solutions required to address the housing crisis . At East Point alone, 400 housing units are projected but cannot be fully realized without the alignment project. population from 70,000 residents to 85,000 residents in alignment with the 10- Year Strategic Plan. Fiscal Responsibility Through Decreasing Lifecycle Costs: $1.3 Million decrease in construction costs While recognizing some negative impacts on level of service outcomes, value engineering efforts have decreased the estimated Capital costs to create one intersection in the range of $1.3 Million. There have also been additional significant savings in reduced land acquisition investments needed, although the extent cannot be communicated given land acquisition negotiations for this project. These are saving to taxpayers. Operations and Maintenance cost savings The alignment project would result in one signalized intersection being eliminated. It is recognized in industry that a signalized intersection results in approximately $10,000 in annual maintenance costs, which will be saved with this project. Additional City resources have also been spent since approximately 2008 attempting to overcome the poor design of the two adjacent intersections, further such spending eliminated with the alignment project. Securing Project-Specific $5.2 Million in Provincial/Federal Funding As previously announced, the Provincial and Federal governments have committed $2.4 Million and $2.8 Million, respectively, specifically for this alignment project but that come with strict timelines for construction completion. This stop-up and close process is on the critical path and is one of the conditions precedent that must be met for the project to continue. - 4 - Pedestrian Safety and Accessibility Improvements The constructed single aligned intersection would contain crosswalks and pedestrian signals on all legs of the intersection. It would be considered accessible for persons with various abilities, with elements such as audible Accessible Pedestrian System (APS), tactile warning strips, and access ramps between the sidewalks and crosswalks. Rail crossing safety and stopping train whistles Immediately adjacent to Rothesay Avenue on Ashburn Lake Road is a heavily used rail crossing with two sets of rail tracks. The alignment project will include introduction of gates at the crossing and a technology known as rail pre-emption to clear any traffic stuck on the wide rail crossing when a train approaches, both of which will improve safety at this rail crossing. The introduction of gates will eliminate a significant Capital cost hurdle for train whistles to be stopped at this rail crossing. The importance of improving rail crossing safety and quality of life (i.e. noise reduction from whistles) is becoming more important as area industrial activities grow. STRATEGIC ALIGNMENT Aligning Retail Drive and Ashburn Lake Road into a single intersection, supported by the road closure recommended with this report aligns with four priorities of Common Council: Grow A single aligned intersection will create new transportation capacity to support planned area taxbase growth. The realignment of the Belong The alignment project will support public safety and quality of life by improving safety and decreasing noise at an adjacent rail crossing Move This project aligns with recommendations of MoveSJ, including the alignment project itself and improving safety and access for active transportation users with various abilities Perform This project has reduced Capital expenditures required of City taxpayers and will reduce ongoing infrastructure operations and maintenance costs. SERVICE AND FINANCIAL OUTCOMES The various public service improvements and reduction of financial burden are described previously in this report. The alignment project is fully funded through a combination of an approved General Fund Capital budget as well as funding from the Provincial and Federal governments. - 5 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS departments, other departments have provided input for this report including: Utilities & Infrastructure Growth & Community Services Finance ATTACHMENTS 1. Public Notice; 2. Street Closing By-law; 3. Plan of Survey; and 4. Staff presentation O BY-LAW NUMBER L.G. 4-1 ARRÊTÉ N L.G. 4-1 A BY-LAW RESPECTING THE ARRÊTÉ RELATIF A LA CLOSING OF ROADS, STREETS OR FERMETURE DES CHEMINS, DES HIGHWAYS IN RUES OU DES ROUTES DAN THE CITY OF SAINT JOHN THE CITY OF SAINT JOHN Be it enacted by the Common Lors d'une réunion du conseil Council of The City of Saint John as communal, The City of Saint John a décrété follows: ce qui suit : A By-law of The City of Saint John entitled, -law Respecting The Closing of Saint John intitulé, « Arrêté relatif à la Roads, Streets or Highways in The City of fermeture des chemins, des rues ou des Saint routes dans The City of Saint John», décrété March, A.D. 2019, is hereby amended by le 11 mars 2019, est modi adding thereto Section 9 immediately after 9 8, Section 8 thereof, as follows: comme suit : 9 The City of Saint John does hereby stop 9 Par les présentes, The City of Saint John up and close permanently the following barre et ferme de façon permanente la rue street: suivante : RETAIL DRIVE: All those portions of PROMENADE RETAIL: Toutes les Retail Drive, a public street in the City of parties de la promenade Retail, une rue Saint John, in the County of Saint John and publique dans la ville de Saint John, comté Province of New Brunswick, comprising de Saint John, dans la province du Nouveau- Brunswick, composée de deux parties, dont having an area of 3,165 square metres and la partie « A 3 165 mètres carrés et la partie « B metres as shown on a Plan of Survey titled, superficie de 116 mètres carrés, comme le Parties Saint John, comté de Saint John, province Don-More Surveys & Engineering Ltd. and du Nouveau-Brunswick », préparé par Don- dated May 15, 2023 attached hereto. More Surveys & Engineering Ltd. et daté du 15 mai 2023, joint aux présentes. IN WITNESS WHEREOF The City of Saint EN FOI DE QUOI, The City of Saint John a John has caused the Corporate Common fait apposer son sceau communal sur le Seal of the said City to be affixed to this by-présent arrêté le ** **** 2023, law the *** day of ***, A.D. 2023 and avec les signatures suivantes : signed by: _______________________________________ Mayor/Maire _____________________________________ City Clerk/Greffier communal First Reading - Première lecture - Second Reading - Deuxième lecture - Third Reading - Troisième lecture - g e r n i u r s a o l e C H d c i a l ob R u P e v i r D l i a June 12, 2023 t e R Presentation to Common Council Catherine A. Lahey, K.C. DirectDial:506.632.8307 clahey@stewartmckelvey.com June 7, 2023 Via Electronic Mail Office of the City Clerk P.O. Box 1971 Saint John, N.B. E2L 4L1 Attention:Jonathan Taylor City Clerk Dear Mr. Taylor: Re:By-Law Number LG-4 A By-Law respecting the Closing of Roads, Streets or Highways in The City of Saint John re: Retail Drive Objection We are solicitors representing Snooze--which is the owner of property located at 514 Rois located on the corner of Rothesay Avenue and RetailDrive. We understand that the Common Council of The City of amending A By-Law respecting the Closing of Roads, Streets or Highways in The City of Saint to permanently close a portion of Retail Drive, which portion is directly adjacent to the Property. If the City proceeds to close the portion of Retail Drive being considered, Snooze-Ease requests the City also grant Snooze-Ease reasonableaccommodations toensure that Snooze-Ease may be able to continue operating its longstanding businessfrom the Property.Without accommodation, the closure of this portion of Retail Drive would haveasignificantly adverse -Ease objects to the proposal to close a portion of Retail Drive in the manner currently being considered. Background Snooze-Ease Business Snooze-Ease is locally owned and has operated its retail mattress business at the Property since December 1992. In thenearly 31 years since opening, Snooze-Ease has paid more than $600,000 in property taxes to the City and has paid more than $2,000,000 in salaries to its employees. This is revenue which remainsin our City and region. Increasingly, Snooze-Ease competesagainst national and international businesses. In contrast to its competitors, every dollar spent by customers at Snooze-business located on the Property goes further to support ourlocal economy. 4162-8152-9160 Page 2 The Role of Retail Drive and the Effect of its Closure Snooze-Ease acknowledges that the Amendment is being considered to improve safety and reduce congestion at the intersections of Rothesay Avenue and Retail Drive and Ashburn Lake Road and Snooze-Ease supports these objectives. Access from both Rothesay Avenue and Retail Drive is a critical feature of the Property and is The location of the Property was specifically chosen for its truck access on what is now known as Retail Drive (formerly Marlborough Avenue). Our client receives delivery of inventory (mattresses) approximately 4-5 times per week. The mattresses are delivered via 53-foot trailers. In order to effect delivery safely, tractor-trailers must back onto the Property from Retail Drive. While the Property is also accessible from Rothesay Avenue, it is not possible for a tractor-trailer to back safely onto the Property from Rothesay Avenue - both because of the high volume of traffic on Rothesay Avenue and the difference in the directional angle depending upon whether the trailer backs from Rothesay Avenue or Retail side providing the driver with a clear view of the area into which the trailer is backing; if the trailer is reversing from Rothesay Avenue, the tractor is perpendicular to the trailer on the passenger Our s to the Property from Retail Drive in order to safely complete deliveries of its core product line. Without devastated. Our client has analyzed this issue extensively and has consulted with its service delivery personnel to attempt to identify a safe alternative delivery solution. Given the dimensions and configuration of the Property, it is simply not possible to arrange for the safe delivery of product without access to the Property via Retail Drive. Without the ability to arrange for timely and safe delivery of its inventory, our client will not be able to effectively maintain its retail store at this location. Possible Resolutions As soon as Snooze-Ease learned of the possible Amendment in the summer of 2022, it reached out to the City (both directly and via counsel) and requested that it be consulted with respect to preserved as part of this process. Also, Snooze-Ease has made an approach to the City of Saint John inquiring if it may purchase the portion of Retail Drive which the City seeks to close, but has not received any positive response or any indication from the City that it is willing to discuss this proposal. While Snooze-Ease requested that it be consulted with respect to the Amendment some time ago, these requests were largely ignored and it is only in the last few weeks that City representatives have actually attended the Property as requested. Following one such visit, a City employee suggested that, as an alternative to using Retail Drive, Snooze-Ease instead halt traffic on Rothesay Avenue to allow delivery trucks to back into the Property from Rothesay Avenue. Our client has consulted its delivery personnel and, for the reasons noted above, has been advised that this proposal would be unsafe and create risk of motor vehicle accidents resulting in both personal injury and property damage. Consequently, Snooze- service provider has advised that it would not be able to make deliveries to the Property if the only access point is via Rothesay Avenue. Without deliveries, Snooze-Ease would be unable to obtain and sell any product. 4162-8152-9160 Page 3 oze-Ease proposes that the Amendment only be adopted if: (a) The City agrees to sell the portion of Retail Drive immediately adjacent to the Property to Snooze-Ease, such that Snooze-Ease and its delivery drivers can maintain safe delivery access the Property; or (b) The City agrees to grant an easement in favour of Snooze-Ease on the portion of Retail Drive immediately adjacent to the Property, allowing Snooze-Ease a right of way for it and its delivery service provider to safely access the Property. It is prior to any road closure. If this understanding is incorrect and there are any considerations that sell or grant easements over a portion of Retail Drive, we ask that these considerations be shared in advance of the Public Hearing. Snooze-Ease is prepared to meet with members of Common Council and/or City staff to discuss enabling Snooze-Ease to continue to operate its longstanding business. Please be advised that Dan Gormley, owner of Snooze-Ease, and Rene Downing of Transport Marny, Snooze-, intend to participate in the Public Hearing to raise these objections and concerns. Yours truly, Stewart McKelvey Catherine A. Lahey CAL/rccc: Dan Gormley 4162-8152-9160 /haahb /hb/L\[ w9thw M&C No.2023-144 Report DateJune 08, 2023 Meeting DateJune 12, 2023 Service AreaUtilities and Infrastructure Services HerWorship Mayor Donna NoadeReardonandMembers of Common Council SUBJECT: ЊЉ ağƩƉĻƷ {ƨǒğƩĻ wĻźƒğŭźƓğƷźƚƓ AUTHORIZATION Primary AuthorCommissioner/Dept. HeadChief Administrative Officer Barb CrawfordIan FoganJ. Brent McGovern RECOMMENDATION It is recommended that CommonCouncil: 1.Authorize staff to engageofACRE Architectsfor up to $360,000 fromthe approved 2023 and 2024 Capital Budgets, procurement policy, to design the new gateway pavilion building on the site which would serve as a welcome centre and transit hub, while supporting inclusive arts, culture and heritage programing. 2.Authorize staff to proceed with installation and planting associated with the interim landscapingdesign for the site by BrackishDesign Studio. EXECUTIVE SUMMARY The site of the , situated at Market Square, isat the gateway to the Trinity Royal Heritage District and a bridge between the Market Slip and Fundy Quay development sites. ACRE Architects (ACRE) were engaged to provide a vision for the site that supported optimal function of the property. ACRE delivered a design concept in the heart of the City a bold and iconic welcome to Uptown Saint John. By creating a Plazafor the People the design c diversity, culture and heritage. The goal being creation ofa cherished landmark for tourists and citizens alike. For the transition between removal of the building and reimagination of the space, Brackish Design Studio was engaged to provide alandscape design that would provide the space to the citizens of Saint John while looking forward to the future use of the site, with a design that is informed bythe proposed EDDY. -2- PREVIOUS RESOLUTION th Common Council at its meeting dated October 17, 2022 adopted the following resolution: Finance Committee: 2023 and 2024 General Fund Capital Budget and 2023 and 2024 Utility Fund Capital Budget Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that as recommended in the submitted report M&C 2022-317: 2023 and 2024 General Fund Capital Budget and 2023 and 2024 Utility Fund Capital Budget, Common Council approve the 2023 and 2024 General Fund Capital Budget for $62,570,055 with City Share of $29,949,247 and Other Share of $32,620,808. The approved funds in the General Fund Capital Budget described thetwo year project as re- and c in the 2023budget ($400,000) andin the 2024 budget ($1,600,000). REPORT The Opportunityto Reimagine the Space The site is located at a central gateway into the Uptown and forms part of an important public space positioned across from City Hall. The site is alsoon the is undergoing major public and private investment. The site m Heritage Conservation Area and provides an excellent opportunity for a modest pavilion style building to contribute to a new legacy of heritage that is an authentic celebration of the heritage. There exists anopportunity for a new purpose-built gateway building and transit hub that would service as a welcome centre for the Uptown and an opportunity to celebrate and showcase ourdiverse and inclusive heritage, arts and culture. Place Making Figure11-Site Location The Municipal Plan and the Central Peninsula Secondary Plan provide an urban design framework that r -3- quality innovative design. The intent of the urban design framework is to guide the creation of new, enduring, and memorable places in the City representing the next generation ofheritage legacy for the City. The Municipal Plan supports the City in becoming a recognized leader in urban design. This will require strong City leadership to support high quality place making through strategic investments in the public realm, including streetscape improvements, and revitalization of arts, culture, and heritage assets. This will increase the attractiveness of the City and in particular the Intensification Areas, encouraging increased private investment and community enrichment. Policy UD-4 Recognizes that municipal investment in the public realm can act as a catalyst for new development and significant redevelopment. The EDDY ACRE Architects (ACRE) were engaged to provide a vision for the site that capitalized on its gateway location, while enhancing public use and better The EDDY City for consideration. The concept envisions aredevelopment of the site as a community hub in the heart of the City to create a bold and iconic welcome to Uptown Saint John. The site would bridge the foot of King Street and the entrance to the Trinity Royal Heritage Conservation Area with Market Slip and the Fundy Quay Development Site. By creating a modest pavilion-style building and enhancing the surrounding public space as a Plaza for the People presents an opportunity to draw people from key destinations along the Uptown and waterfront and showcaseand celebrate diversity, and heritage. The goal would be to create a cherished landmark for tourists, newcomers, and Figure22-The EDDY citizens alike. transportation network with proposed overhead charging stations for Saint John transit buses and enhanced shelter and amenities for transit users. The interior program for the proposed spacecould include a small welcome information centre, interactive digital information displays, and transit amenities. The proposal will be pursued in partnership with Envision Saint John to re-establish the visitor information and welcome centre on the site from its temporary locationsat the Port Container Villageand the City Market. - 4 - Limits exist within the current Charter legislation and the interests of the City are best served with continued public use of the site. The EDDY is only a preliminary concept at this time that requires further design and refinement of design as well as program development and costing. It is proposed that the City engage ACRE Architects to complete the next step of design. Interim Landscape Design The intent of the interim landscape design is to transform the site into a vibrant and functional public space, while setting the stage for a permanent intervention proposed to be designed by ACRE Architects. The site is visible from multiple vantage points, not least of which is City Hall and the future waterfront public space at the foot of King Street, and therefore needs to be visually compelling and equally accessible to locals and tourists alike. Brackish Design Studio has prepared a landscape design proposed to be implemented as quickly as possible following the removal of the Barbour building. The interim work is proposed to be low cost reusing existing bricks, granite be completed by City forces through our operational budgets. Figure 3 3- Site Concept Plan - Interim Landscape Design STRATEGIC ALIGNMENT & MOVE. GROW: We value smart growth. The proposed investment focuses on key infrastructure investments and will help reach goals associated with Economic and Population Growth. BELONG: We value a welcoming community. - 5 - The proposed investment enables enhanced offerings for visitors, residents, and newcomers as well as offering programming to the community contributing to goals associated with being a vibrant City. MOVE: We value sustainable transportation choices. The proposed investments offer accessible transportation choices contributing to goals associated with Transportation and Mobility. SERVICE AND FINANCIAL OUTCOMES The approved capital budget for the Store site is $2,000,000 over 2023 and 2024. design and construction management will fall between 18-20% of the overall budget. Brackish Design Studio was engaged to prepare the interim landscape design, including concept and construction drawings, at a fee of $8,370. It is anticipated that the reimagination could successfully leverage external funding partnerships through various governmental departments, private sponsorship and transit funding already received. The proposed relocation and interim landscape design work is planned to be completed with approved Public Works operational budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Growth & Community Services, Public Works and Transportation Services and Utilities & Infrastructure Services were consulted related to their current and future involvement with the proposed options. ATTACHMENTS Presentation by ACRE Architects. Barbour Interim Landscape Concept Plan by Brackish Design Studio x KING STREET COMMON COUNCIL REPORT M&C No.2023-146 Report DateJune 06, 2023 Meeting DateJune 12, 2023 Service AreaGrowth and Community Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: Review of Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee AUTHORIZATION Primary AuthorCommissioner/Dept. Chief Chair of HeadAdministrative Growth OfficerCommittee Pamela BentleyJacqueline Hamilton/ J. Brent Councillor Amy PoffenrothMcGovernJoanna Killen RECOMMENDATION Growth Committee recommends that Common Council approve the Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee in the form attached to this report. EXECUTIVE SUMMARY The Saint John Substandard Properties Appeal Committee (the Committee) is a Council-appointed committee of lawyers, and the Provisions is the document that governs its procedure and operation. The Committee hears appeals filed for property-related matters after notice or orders have been served on owners requiring them to comply with violations relating to the Unsightly Premises and Dangerous Buildings and Structures By-law and the Minimum Property Standards By-law. Based on evidence provided at a formal hearing, the Committee makes a decision which is binding on the owner and on the City. Decisions may uphold, rescind, or modify the notice or order given. The recent loss of two Committee members, with no new lawyers applying for the Committee, prompted the Nomination Committee to ask if there was more that should be done or can be done to encourage lawyers to join. As the governing document for the Committee is the Provisions, staff reviewed the document with this lens in mind. The revised Provisions document is included with this report. - 2 - The two changes made to the Provisions is the increase in remuneration of the Committee member from $600 to $1200 per day of hearing and a reduction in years of experience to be a member of the Committee. PREVIOUS RESOLUTION From the Nominating Committee to Common Council on February 21, 2023 regarding the Saint John Substandard Property Appeal Committee: to refer to the Growth Committee to have the Provisions Governing the Procedure and Operation of the Substandard Properties Appeal Committee examined. REPORT The Provisions of the Saint John Substandard Properties Appeal Committee was last updated in October 2020. With the departure of two members in November and December 2022, the Committee was deficient in members. The Nomination Committee had not received any recent applications from lawyers to be on the Committee and as a result, asked, through a council resolution of February 21, 2023, for to staff examine the Provisions to determine if there were changes or modifications needed to encourage participation. Staff review the Provisions with this lens to see if more could be done to encourage involvement in the Committee. Additionally, with the assistance of the Law Society of New Brunswick, an outreach campaign to local lawyers was embarked upon. One proposed change to the Provisions is to increase the amount per day of hearing. The amount has not been reviewed and increased since 2009 when, at quorum was formed of three - one member was a councillor (and therefore unpaid), and the chair and vice chair were lawyers and remunerated at $600 and $300 respectively for each day of hearing. The Provisions were updated in 2015, reducing the attendance for a quorum to a single member, and the lawyer attending received $600 per day of hearing. The quorum attendance and remuneration have not changed since 2015. A review of remuneration for attending Committee members was overdue. The second proposed change to the Provisions is reducing the number of years of experience to only 2 years. This will broaden the pool of eligible candidates and help encourage new practicing lawyers to become engaged earlier in their careers in a meaningful way that enhances and helps their community. - 3 - Lastly, because of the outreach campaign alone, three applications to the Nomination Committee have been received. These applications will be put forward to their next meeting for review and recommendation to Common Council. The changes to the years of experience as well as the increase to the daily remuneration per day of hearing may encourage more lawyers to put their names forward to be on the Committee. STRATEGIC ALIGNMENT The priority. The Belong priority focuses on enhancing quality of life and social well-being, ensuring community safety, and cultivating community pride by providing our citizens with safe, clean, and affordable housing and neighbourhoods. SERVICE AND FINANCIAL OUTCOMES As part of the by-laws governing community standards, having a functional Committee is a necessity as appeals outlined in the Local Governance Act. An average of five to seven hearings are expected per year and formal hearings are typically not more than a few hours. At times, more than one hearing may be held in a day. A Committee member must spend time reviewing the orders and notices in advance of the hearing as well as provide a written decision within 10 days. In all, one hearing alone may be several hours of work and the remuneration fee is paid per day of hearing. The monetary increase to the committee is slight when weighed against the overall outcome it plays in advancing improvements to the ty enhancement. The increase for remuneration can be accounted for in the existing budget envelope for Growth and Community Services. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel Office reviewed the attached Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee. ATTACHMENTS Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee Current to: April 25, 2023 -2 - RECITALS WHEREAS, paragraph 10(1)(d) of the Local Governance Act, S.N.B. 2017, c. 18, provides that a local government may make by-laws for municipal purposes respecting dangerous or unsightly premises and property; AND WHEREAS, subsection 7(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law provides that if a condition referred to in subsection 6(1), (2) or (3) exists, a by-law enforcement officer may notify the owner or occupier of the premises, building or other structure; AND WHEREAS, subsection 9(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law provides that an owner or occupier of premises or a building or other structure who has been given a notice under section 7, other than a notice prepared and signed under subsection 14(1), and who is not satisfied with the terms or conditions set out in the notice may appeal to the appropriate committee of Common Council by sending a notice of appeal by registered mail to the clerk of the City within 14 days after having been given the notice; AND WHEREAS, paragraph 10(1)(e) 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 maintenance and occupancy standards for buildings and premises; AND WHEREAS, subsection 25(1) of the Saint John Minimum Property Standards By-Law provides that where the condition of the premises, dwelling, dwelling unit or structure does not comply with this by-law, a by-law enforcement officer may notify the owner or occupier of the premises, dwelling, dwelling unit or structure by issuing an Order; AND WHEREAS, subsection 27(1) of the Saint John Minimum Property Standards By-Law provides that an owner or occupier of the premises, dwelling, dwelling unit or structure who has been given an Order under subsection 25(2) and who is not satisfied with the terms or conditions set out in the Order may appeal to the appropriate committee of Common Council by sending a notice of appeal by registered mail to the clerk of the City within 14 days after having been given the Order. NOW THEREFORE BE IT RESOLVED that the Saint John Substandard Properties Appeal Committee is hereby created; AND BE IT FURTHER RESOLVED that the Provisions herein shall apply to the order and dispatch of business of the Saint John Substandard Properties Appeal Committee. -3 - A. Definitions 1. Wherever a word is used in these Provisions with its first letter capitalized, the term is being used as it is defined in this Section A. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. “Appeal Committee” means the Saint John Substandard Properties Appeal Committee. “Architect” means a professional architect registered in the Province of New Brunswick. “By-law Enforcement Officer” means a by-law enforcement officer, inspection officer or standards officer appointed under the Saint John Unsightly Premises and Dangerous Buildings or Structures By-law or the Saint John Minimum Property Standards By-law and designated by resolution of Common Council. “Business Day” means a day other than a Saturday, Sunday or statutory holiday in the Province of New Brunswick. “Business Hours” means 8:30 a.m. to 4:30 p.m. of any Business Day. “Chairperson” means the Chairperson of the Appeal Committee. “City Clerk” means the Director of Legislative Services / City Clerk of the City of Saint John or the Manager of Legislative Services / Deputy Clerk. “Common Council” means the elected municipal council of the City of Saint John. “Engineer” means a professional engineer or a consulting engineering firm who is currently licensed to practice within the Province of New Brunswick to carry out engineering services. “Notice” means a Notice to Comply issued under section 7 of the Saint John Unsightly Premises and Dangerous Buildings and Structures By- Law. “Notice of Appeal” means a Notice of Appeal in the form prescribed in Schedule “A” of these Provisions. -4 - “Official Languages” means the two official languages of New Brunswick within the meaning of the Official Languages Act, S.N.B. 2002, c. O-0.5, and amendments thereto. “Order” means an Order to Comply issued under section 25 of the Saint John Minimum Property Standards By-law. “Property” means the property for which a Notice of Appeal has been sent to and received by the City Clerk. “Vice-Chairperson” means a Vice-Chairperson of the Appeal Committee. B. Interpretation 1. Headings: The captions, article and section names and numbers appearing in these Provisions are for convenience of reference only and have no effect on its interpretation. 2. Gender, Number: These Provisions are to be read with all changes of gender or number required by the context. 3. Legislation References: Each reference to legislation in these Provisions is printed in Italic font. The reference is intended to include all applicable amendments to the legislation, including successor legislation and regulations. Where these Provisions reference other by-laws of the City of Saint John, the term is intended to include all applicable amendments to that by-law, including successor by-laws. 4. Severability: If any section, clause or provision of these Provisions, 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 Provisions as a whole, nor any other part of it. C. Composition of the Saint John Substandard Properties Appeal Committee and Vacancies 1. There shall be an Appeal Committee composed of five members being one Chairperson and four Vice-Chairpersons. 2. All Appeal Committee members shall be: (a) members in good standing of the Law Society of New Brunswick; and (b)have been in active legal practice for at least twoyears. -5 - 3. At leastone Appeal Committee member shall be fluent in both Official Languages. 4.Common Council shall appoint all members who serve on the Appeal Committee. 5. Should a member of the Appeal Committee die, resign, become ineligible to be a member or be removed from office, Common Council shall, as soon as reasonably possible, appoint another person to replace such member, and such newly appointed member shall hold office for the remainder of the term of the member he replaces. D. Terms of Office 1. Common Council shall determine the length of time that a member will be appointed to the Appeal Committee. 2. The Chairperson shall be appointed by Common Council for a term determined by Common Council, or until he ceases to be a member of the Appeal Committee, whichever comes first. 3. Vice-Chairpersons shall be appointed by Common Council for a term determined by Common Council, or until he ceases to be a member of the Appeal Committee, whichever comes first. 4. Should a hearing of appeal be scheduled for multiple days or should an appeal regarding the same or common premises, structure, or building be heard in succession, Common Council can extend a term of a member of the Appeal Committee who has heard some or all of the appeal or appeals until all hearings have been completed and decisions rendered. This will occur on a case by case basis. E. Duties of Chairperson/Vice-Chairperson 1. The Chairperson shall determine the time, date and place of hearings of the Appeal Committee. 2. A Vice-Chairperson is authorized to act as Chairperson in the event of the Chairperson’s absence or his inability to act, or in the case of a vacancy in the chairmanship and, when so authorized, the Vice-Chairperson shall have all the powers and duties of the Chairperson. 3. All references in the Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee referring to -6 - Chairperson shall include Vice-Chairperson when a Vice-Chairperson is authorized to act as the Chairperson. F. Revocation of Appointment 1. Any appointment to the Appeal Committee may be revoked by Common Council at any time. 2. A member may resign at any time by submitting his resignation in writing to Common Council. 3. In the event that the membership of the Appeal Committee is increased, Common Council shall appoint such additional member(s) and amend the Provisions Governing the Procedure and Operation of the Appeal Committee accordingly. 4. In the event that the membership of the Appeal Committee is decreased, Common Council shall remove the necessary number of member(s) and amend the Provisions Governing the Procedure and Operation of the Appeal Committee accordingly. G. Rules of Procedure 1. After receipt of a Notice of Appeal as required under subsection 9(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law or subsection 27(1) of the Saint John Minimum Property Standards By-Law, the City Clerk shall: (a) obtain from the Growth and Community Development Services Department a copy of the Notice or Order to which the Notice of Appeal relates; (b) promptly notify the Chairperson of the Appeal Committee; (c) enface the original copy of the Notice of Appeal and all documents submitted by the Appellant with the date upon which it was received; (d) assign and enface the Notice of Appeal and all documents submitted by the Appellant with a file number; (e) retain and file the original Notice of Appeal and all documents submitted by the Appellant; -7 - (f) forward a copy of the Notice of Appeal and all documents submitted by the Appellant, including the Notice or Order, to the Chairperson of the Appeal Committee; (g)forward a copy of the Notice of Appeal and all documents submitted by the Appellant to a By-law Enforcement Officer; and (h) attempt to ascertain the Appellant’s Official Language of choice. 2. The Appeal Committee shall hold a hearing during normal Business Hours within sixty calendar days after being advised by the City Clerk that a Notice of Appeal has been sent to, and received by the City Clerk, in accordance with subsection 9(3) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law or subsection 27(3) of the Saint John Minimum Property Standards, with respect to: (a) premises which are allegedly unsightly; (b) buildings or structures which have allegedly become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength; or (c) premises, dwellings, dwelling units or structures that allegedly do not meet the minimum property standards set out in the Saint John Minimum Property Standards By-law or the Residential Properties Maintenance and Occupancy Code which was adopted and incorporated by reference in said by-law. 3. The City Clerk shall, at least ten calendar days before a scheduled hearing: (a) Advise a By-law Enforcement Officer of the date, time and place of the hearing. (b) Notify the Appellant of the date, time and place of the hearing by causing the original or copy thereof of the Notice of Hearing to be given: (i) if the Appellant is an individual, by personal service on the individual or by posting the Notice of Hearing in a conspicuous place on the premises, building or structure; (ii) if the Appellant is a corporation, by personal service on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business -8 - in New Brunswick or by posting the Noticeof Hearing in a conspicuous place on the premises, building or structure; or (iii) if the Appellant is represented by counsel and his counsel is authorized to accept service, by service on his counsel. 4. Prior to hearing the submissions of the parties, the Chairperson shall ask the Appellant: (a) to review the Notice or Order received from the City Clerk; and (b) confirm that the Notice or Order received from the City Clerkis the Notice or Order that the Appellant is appealing. 5. The following order shall be followed by the Appeal Committee when hearing any representations and evidence: (a) First, hear the representations and evidence presented by the Appellant in support of his Notice of Appeal. (b) Second, hear the representations and evidence from the By-law Enforcement Officer in support of the Notice or Order. (c) Third, offer the Appellant a chance to rebut the representations of and evidence from the By-law Enforcement Officer. 6. Should the Appellant wish to abandon his appeal, he shall file with the City Clerk a Notice of Abandonment or provide written confirmation to the City Clerk stating that he abandons his appeal. 7. A Notice of Appeal is deemed to have been abandoned when the Appellant or his counsel does not appear at the time, place and date set out in the Notice of Hearing. H. Duties and Powers 1. The hearing of an appeal shall be heard by one member of the Appeal Committee, selected by the Chairperson, who shall have all the powers and duties of the Chairperson in regards to said appeal. 2. A quorum of the Appeal Committee shall consist of one member. 3. The Appeal Committee shall, when making its decision in an appeal involving premises which are allegedly unsightly, give due consideration to the following: -9 - (a) whether the items involved are enumerated in subsection 6(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law; (b) the location from which the items involved are visible; (c) the location and use of the Property; (d) any representations and evidence presented in support of the Notice that is being appealed; and (e) any representations and evidence presented by the Appellant or his counsel. 4. The Appeal Committee shall, when making its decision in an appeal involving buildings or structures which have allegedly become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, give due consideration to the following: (a) section 13 of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law, which provides that a report from an Architect, an Engineer, a Building Inspector or the Fire Marshall stating that a building or structure is dilapidated or structurally unsound is proof in the absence of evidence to the contrary that a building or structure is dilapidated or structurally unsound; (b) any representations and evidence presented in support of the Notice that is being appealed; and (c) any representations and evidence presented by the Appellant or his counsel. 5. The Appeal Committee shall, when making its decision in an appeal involving premises, dwellings, dwelling units or structures which allegedly do not meet minimum property standards, give due consideration to the following: (a) the provisions of the Saint John Minimum Property Standards By- law and the Residential Properties Maintenance and Occupancy Code which was adopted and incorporated by reference in said by- law; (b) any representations and evidence presented in support of the Order that is being appealed; and - 10 - (c) any representations and evidence presented by the Appellant or his counsel. 6. If the Appellant abandons his appeal or if neither the Appellant nor his counsel appears at the date, time and place fixed for hearing of the appeal or at a rescheduled date, the Appeal Committee shall: (a) upon proof of service of the Notice of Hearing on the Appellant or his counsel, or upon proof that the Notice of Hearing was posted in a conspicuous place on the premises, building or structure in relation to the proceedings, carry out the following: (i) return the Notice of Appeal and all documents submitted by the Appellant to the address shown on the Notice of Appeal; and (ii)notify the Appellant in writing at the address shown on his Notice of Appeal of the decision of the Appeal Committee. I.Hearings to be Public 1. All hearings before the Appeal Committee shall be open to the public. J. Language of Proceedings 1. Prior to the commencement of an appeal hearing, the Chairperson shall confirm the Appellant’s choice of Official Language for the hearing. 2. The “language of the Appellant” for the purposes of the appeal hearing, is the Official Language chosen by the Appellant. It does not have to be the Appellant’s dominant language. 3. Where the Appellant does not indicate to the Chairperson his language of choice, the Appellant shall be deemed to have chosen the Official Language chosen by the Chairperson and the Chairperson shall ask if the Appellant objects to the hearing being conducted in that language. 4. Simultaneous interpretation shall be made available in circumstances where the language of the Appellant differs from the Official Language with which the members of the Appeal Committee are familiar. K. Right to Counsel 1. A person who brings an appeal shall be heard by the Appeal Committee and may be represented by counsel. - 11 - L.Records of the Proceedings 1. The Appeal Committee shall keep records of its proceedings and shall use audio recording technology to record its appeal hearings. 2. The audio recording of a hearing may be destroyed one (1) calendar year after the hearing of the appeal if the Appellant did not exercise his right under subsection 9(8) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law to appeal the Appeal Committee’s decision to The Court of Queen’s Bench of New Brunswick. M. Decisions 1. The Appeal Committee shall provide a copy of its decision to the Appellant within fourteen (14) days after making its decision. The decision may confirm, modify or rescind the Notice or Order, or extend the time for complying with the Notice or Order. 2. The Appeal Committee’s decision shall be dated and such date shall be the date of the decision. 3. All decisions of the Appeal Committee shall be written by the Appeal Committee member who acted as the Chairperson. N. Conflict of Interest 1. Any member must excuse himself from participating in a hearing in circumstances where he has a conflict of interest. O. Remuneration and Expenses 1. Members of the Appeal Committee will be remunerated as follows: (a) $1,200.00 per day of hearing. 2. Members of the Appeal Committee will be reimbursed for necessary expenses, reasonably and actually incurred by virtue of their participation in an Appeal Committee hearing. P. Funding 1. The City of Saint John shall provide funding for the Appeal Committee’s activities through its normal budgeting procedure. 2. The City of Saint John shall provide the following to the Appeal Committee: - 12 - (a) a venue where the hearings shall take place; (b) audio recording equipment which is sufficient to record the hearing; (c) secretarial services, as required; (d) official stationery, as required; and (e) such other incidental services or resources that are necessary for the proper functioning of the Appeal Committee. Q. Office of the Appeal Committee 1. The address of the Appeal Committee shall be as follows: Saint John Substandard Properties Appeal Committee c/o The City of Saint John City Clerk nd 2Floor, City Hall Building P. O. Box 1971 Saint John, New Brunswick E2L 4L1 R. Matters Not Provided For 1. Any matter of procedure or practice not expressly provided for in the Provisions Governing the Procedure and Operation of the Appeal Committee shall be left to the members of the Appeal Committee to decide. - 13 - Règlement intérieur du Comité des appels sur les résidences non conformes aux normes de Saint John En date du : 25 avril 2023 - 14 - PRÉAMBULE : ATTENDU QUE, le paragraphe 10(1)(d) de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, prévoit que les gouvernements locaux peuvent, relativement à quelque fin municipale que ce soit, prendre des arrêtés concernant les lieux et les biens dangereux ou inesthétiques ; et ATTENDU QUE, le paragraphe 7(1) de l’Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John prévoit que lorsqu’existe une des situations mentionnées aux paragraphes 6(1), (2) ou (3), un AGENT CHARGÉ DE L’EXÉCUTION DES ARRÊTÉS peut aviser le propriétaire ou l’occupant des lieux ou du bâtiment ou d’une autre construction; et ATTENDU QUE, le paragraphe 9(1) de l’Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John prévoit que le propriétaire ou l’occupant des lieux, du bâtiment ou d’une autre construction à qui a été donné l’AVIS tel que le prévoit l’article 7, exception faite de l’AVIS écrit et signé en vertu du paragraphe 14(1), et qui n’accepte ni les modalités ni les conditions y énoncées peut interjeter appel au comité du CONSEIL COMMUNAL compétent en envoyant un AVIS D’APPEL par courrier recommandé au secrétaire de la municipalité dans les quatorze jours qui suivent la notification de l’AVIS; et ATTENDU QUE, l’alinéa 10(1)e) de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, prévoit que les gouvernements locaux peuvent, relativement à quelque fin municipale que ce soit, prendre des arrêtés concernant les normes d’entretien et d’occupation des bâtiments et des locaux; et ATTENDU QUE, le paragraphe 25(1) de l’Arrêté concernant les normes minimales régissant les résidences de Saint John prévoit que lorsque l’état des lieux, de l’habitation, du logement ou de la construction ne se conforme pas à cet arrêté, un AGENT CHARGÉ DE L’EXÉCUTION DES ARRÊTÉS peut aviser le propriétaire ou l’occupant des lieux, de l’habitation, du logement ou de la construction en délivrant une ORDONNANCE; et ATTENDU QUE, le paragraphe 27(1) de l’Arrêté concernant les normes minimales régissant les résidences de Saint John prévoit que le propriétaire ou l’occupant des lieux, de l’habitation, du logement ou de la construction à qui une ORDONNANCE a été notifiée aux termes du paragraphe 25(2) et qui n’accepte pas les modalités ou les conditions qui y sont énoncées peut interjeter appel devant le comité du CONSEIL compétent en envoyant un AVIS D’APPEL par courrier recommandé au COMMUNAL secrétaire de la municipalité dans les quatorze jours qui suivent la notification de l’ORDONNANCE. À CES CAUSES : - 15 - Est créé le Comité des appels sur les résidences non conformes aux normes de Saint John. Le présent règlement intérieur régit le déroulement des travaux du Comité des appels sur les résidences non conformes aux normes de Saint John. A.Définitions 1. Les mots écrits en petites capitales dans le présent document sont employés au sens des définitions qui suivent, sinon les mots ont le sens ordinaire en français. « ARCHITECTE » Architecte professionnel autorisé à exercer au Nouveau- Brunswick. « AGENT CHARGÉ DE L’EXÉCUTION DES ARRÊTÉS » Un AGENT CHARGÉ DE L’EXÉCUTION DES ARRÊTÉS, un agent des inspections ou agent des normes nommé conformément à l’Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John, et désigné par résolution du CONSEIL COMMUNAL. « AVIS » Avis de conformité émis en vertu de l’article 7 de l’Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John. « AVIS D’APPEL » Avis d’appel selon la forme prescrite à l’annexe « A » de ce document. « COMITÉ D’APPEL» Le Comité des appels sur les résidences non conformes aux normes de Saint John. « CONSEIL COMMUNAL » Le conseil élu de la municipalité. GREFFIER MUNICIPAL» Le Directeur des services législatifs / Greffier « municipal de la municipalité ou Chef des services législatifs / Greffier adjointe. « HEURES D’OUVERTURE » Entre 8 h 30 et 16 h 30 d’un JOUR OUVRABLE. « INGÉNIEUR » Ingénieur ou cabinet de conseil en ingénierie qui est autorisé à exercer la profession d’ingénieur au Nouveau-Brunswick. « JOUR OUVRABLE» Toute journée autre que le samedi, le dimanche ou un jour férié au Nouveau-Brunswick. - 16 - « LANGUES OFFICIELLES» Les deux langues officielles du Nouveau- Brunswick au sens de la Loi sur les langues officielles, L.N.-B. 2002, ch. O-0.5, ensemble ses modifications. « ORDONNANCE » O RDONNANCE de conformité émise en vertu de l’article 25 de l’Arrêté concernant les normes minimales régissant les résidences de Saint John. « PRÉSIDENT » Le président du COMITÉ D’APPEL. « RÉSIDENCE » Résidence au sujet de laquelle un AVIS D’APPEL a été communiqué au GREFFIER MUNICIPAL. « VICE-PRÉSIDENT » Un vice-président du COMITÉ D’APPEL. B.Interprétation 1. Intertitres : Les en-têtes, les intertitres et la numérotation du présent document sont donnés pour la commodité du lecteur uniquement et n’ont aucune incidence sur l’interprétation du document. 2. Genre et nombre : Le pluriel et le singulier s’appliquent indifféremment à l’unité et àla pluralité, et le masculin et le féminin s’appliquent indifféremment, suivant le contexte, aux personnes physiques de l’un ou l’autre sexe ou aux personnes morales. 3. Sources législatives: Toute source législative apparaît en italique dans le présent document. Dans chaque cas, la source vise également toutes les modifications apportées à la loi, y compris les lois de remplacement, ainsi que les règlements d’application. Dans le cas de références à d’autres arrêtés de la municipalité, la source vise également leurs modifications, y compris les arrêtés de remplacement. 4. Divisibilité: Le fait pour un tribunal judiciaire ou administratif compétent de déclarer nul un article, une clause ou une disposition du présent document n’a aucune incidence sur la validité de tout ou partie du document. C. Composition du Comité des appels sur les résidences non conformes aux normes de Saint John et remplacements 1. Le COMITÉ D’APPEL est composé de cinqmembres, savoir le PRÉSIDENT et quatre VICE-PRÉSIDENTS. 2.Tous les membres du COMITÉ D’APPEL doivent posséder les qualifications suivantes : - 17 - a) être membre en règle du Barreau du Nouveau-Brunswick; et b) avoir exercé activement le droit pendant au moins deux ans. 3. En outre, au moins un membre du COMITÉ D’APPEL doit maîtriser les deux LANGUES OFFICIELLES. 4.Le CONSEIL COMMUNAL nomme tous les membres qui siègent au COMITÉ D’APPEL. 5. Le CONSEIL COMMUNAL procède diligemment au remplacement, pour le reste de son mandat, de tout membre du COMITÉ D’APPEL qui décède, démissionne, n’a plus les qualifications requises ou est destitué. D. Durée des mandats 1. Le CONSEIL COMMUNAL fixe la durée du mandat de chaque membre du COMITÉ D’APPEL. 2. Le PRÉSIDENT demeure en fonction pendant la durée qu’a fixée le CONSEIL COMMUNAL, aussi longtemps qu’il reste membre du COMITÉ D’APPEL. 3. Les VICE-PRÉSIDENTS demeurent en fonction pendant la durée qu’a fixée le CONSEIL COMMUNAL, aussi longtemps qu’ils restent membres du COMITÉ D’APPEL. 4. Dans le cas où l’audition d’un appel doit s’étendre sur plusieurs jours ou que des appels concernant des lieux, une construction ou un bâtiment identiques ou communs doivent être entendus successivement, le CONSEIL COMMUNAL peut, en procédant au cas par cas, prolonger la durée du mandat d’un membre du COMITÉ D’APPEL qui a entendu tout ou partie de l’appel ou des appels jusqu’à la fin des audiences et du prononcé des décisions. E.Fonctions du président et du vice-président 1. Le PRÉSIDENT fixe les date, heure et lieu des audiences du COMITÉ ’APPEL. D 2. En cas d’absence ou d’empêchement du PRÉSIDENT ou de vacance à la présidence, un VICE-PRÉSIDENT peut assumer la présidence et exercer toutes les attributions de la charge. 3. Toute référence au PRÉSIDENT dans le présent document s’applique également au VICE-PRÉSIDENT autorisé à assumer la présidence. - 18 - F. Révocations 1. Toute nomination au COMITÉ D’APPEL est révocable au gré du CONSEIL . COMMUNAL 2. Un membre peut démissionner en présentant sa démission par écrit au CONSEIL COMMUNAL. 3. S’il faut accroître le nombre des membres du COMITÉ D’APPEL, le CONSEIL nomme les membres additionnels et modifie le présent COMMUNAL document en conséquence. 4. S’il faut diminuer le nombre des membres du COMITÉ D’APPEL, le CONSEIL supprime les postes en trop et modifie le présent document en COMMUNAL conséquence. G. Règles de procédure 1. Saisi d’un AVIS D’APPEL déposé conformément au paragraphe 9(1) de l’Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John ou du paragraphe 27(1) de l’Arrêté concernant les normes minimales régissant les résidences de Saint John, le GREFFIER MUNICIPAL : a)obtient du Service de la croissance et du développement communautaire une copie de l’AVIS auquel ou de l’ORDONNANCE à laquelle se rapporte l’AVIS D’APPEL; b) en avise aussitôt le PRÉSIDENT du COMITÉ D’APPEL; c)inscrit la date de réception au recto des originaux de l’AVIS D’APPEL et de tous les documents présentés par l’appelant; d) inscrit un numéro de dossier au recto de l’AVIS D’APPEL et de tous les documents présentés par l’appelant; e) conserve et classe les originaux de l’AVIS D’APPEL et de tous les documents présentés par l’appelant; f) transmet une copie de l’AVIS D’APPEL et de tous les documents présentés par l’appelant, dont l’AVIS ou l’ORDONNANCE, au PRÉSIDENT du COMITÉ D’APPEL; - 19 - g) transmet une copie de l’AVIS D’APPEL et de tous les documents présentés par l’appelant à un AGENT CHARGÉ DE L’EXÉCUTION DES ARRÊTÉS; h) s’efforce d’identifier la LANGUE OFFICIELLE de prédilection de l’appelant. 2. Mis au courant par le GREFFIER MUNICIPAL d’un AVIS D’APPEL déposé conformément au paragraphe 9(3) de l’Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John ou du paragraphe 27(3) de l’Arrêté concernant les normes minimales régissant les résidences de Saint John, le COMITÉ D’APPEL tient dans les soixante jours civils qui suivent, pendant les HEURES D’OUVERTURE normales, une audience au sujet, selon le cas: a) des lieux qui seraient inesthétiques; b) des bâtiments ou des constructions qui seraient devenus dangereux pour la sécurité du public du fait de leur délabrement ou de leur manque de solidité; c) des lieux, des habitations, des logements ou des constructionsqui ne répondraient pas aux normes minimales énoncées dans l’Arrêté concernant les normes minimales régissant les résidences de Saint John ou le Règlement portant approbation du code d’entretien et d’occupation des résidences qui a été adopté et intégrépar renvoi dans ledit arrêté. 3. Au moins dix jours civils avant l’audience, le GREFFIER MUNICIPAL : a) informe un AGENT CHARGÉ DE L’EXÉCUTION DES ARRÊTÉS des date, heure et lieu de l’audience. b) avise l’appelant des date, heure et lieu de l’audience en lui communiquant l’original ou une copie de l’avis d’audience de la façon suivante : (i) dans le cas où l’appelant est un particulier, par signification en main propre ou par son affichage en un endroit bien visible des lieux, du bâtiment ou de la construction, (ii)dans le cas où l’appelant est une personne morale, par signification en main propre à un de ses dirigeants, administrateurs ou représentants ou à un gestionnaire ou une personne qui paraît être responsable d’un bureau ou de quelque autre établissement de la personne morale au - 20 - Nouveau-Brunswick ou par son affichage en un endroit bien visible des lieux, du bâtiment ou de la construction, (iii)dans le cas où l’appelant est représenté par un avocat autorisé à accepter la signification, par signification à l’avocat. 4. Avant d’entendre les parties, le PRÉSIDENT demande à l’appelant : a) d’examiner l’AVIS ou l’ORDONNANCE reçue du GREFFIER ; MUNICIPAL b) de confirmer que cet AVIS ou cette ORDONNANCE est bien l’AVIS ou l’ORDONNANCE dont il interjette appel. 5. L’audition des observations et de la preuve par le COMITÉ D’APPEL se déroule dans l’ordre suivant : a) premièrement, il entend les observations et la preuve présentées par l’appelant à l’appui de son AVIS D’APPEL; b) deuxièmement, il entend les observations et la preuve d’un AGENT ’EXÉCUTION DES ARRÊTÉS à l’appui de l’AVIS ou de CHARGÉ DE L l’ORDONNANCE; c) troisièmement, il donne la chance à l’appelant de réfuter les observations et la preuve de l’AGENT CHARGÉ DE L’EXÉCUTION DES ARRÊTÉS. 6. L’appelant qui désire abandonner son appel dépose un avis d’abandon auprès du GREFFIER MUNICIPAL ou lui confirme par écrit qu’il abandonne son appel. 7. L’AVIS D’APPEL est réputé être abandonné si l’appelant ou son avocat ne se présente pas aux date, heure et lieu énoncés dans l’avis d’audience. H. Exercice des attributions 1. Chaque appel est entendu par un membre du COMITÉ D’APPEL que choisit le PRÉSIDENT et qui a tous les pouvoirs et toutes les fonctions du PRÉSIDENT à l’égard de l’appel. 2. Le quorum du COMITÉ D’APPEL est d’un membre. 3. En prenant sa décision à l’issue d’un appel relatifà des lieux qui seraient inesthétiques, le COMITÉ D’APPEL doit tenir compte de ce qui suit : - 21 - a) le fait que les choses en question sont énumérées ou non au paragraphe 6(1) de l’Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John; b) l’endroit à partir duquel les choses en question sont faciles à voir; c) l’emplacement et l’utilisation de la RÉSIDENCE; d) toute observation ou preuve présentée à l’appui de l’AVIS objet de l’appel; e) toute observation ou preuve présentée par l’appelant ou son avocat. 4. En prenant sa décision à l’issue d’un appel relatif à desbâtiments ou à des constructions qui seraient devenus dangereux pour la sécurité du public du fait de leur délabrement ou de leur manque de solidité, le COMITÉ D’APPEL doit tenir compte de ce qui suit : a) l’article 13 de l’Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John, qui dispose qu’un rapport émanant d’un ARCHITECTE, d’un INGÉNIEUR, d’un inspecteur des constructions ou du prévôt des incendies établissant qu’un bâtiment ou une construction est délabré ou manque de solidité fait foi, en l’absence d’une preuve contraire, du délabrement ou du manque de solidité de ce bâtiment ou de cette construction; b) toute observation ou preuve présentée à l’appui de l’AVIS objet de l’appel; c) toute observation ou preuve présentée par l’appelant ou son avocat. 5. En prenant sa décision à l’issue d’un appel relatifà des lieux, des habitations, des logements ou des constructions qui ne répondraient pas aux normes minimales régissant les résidences, le COMITÉ D’APPEL doit tenir compte de ce qui suit: a) les dispositions de l’Arrêté concernant les normes minimales régissant les résidencesde Saint John et du Règlement portant approbation du code d’entretien et d’occupation des résidences qui a été adopté et intégré par renvoi dans ledit arrêté; b)toute observation ou preuve présentée à l’appui de l’ORDONNANCE objet de l’appel; - 22 - c) toute observation ou preuve présentée par l’appelant ou son avocat. 6. Si l’appelant abandonne son appel ou si l’appelant ou son avocat omet de se présenter aux date, heure et lieu fixés pour l’audition de l’appel ou à une date de remplacement, le COMITÉ D’APPEL : a) constatant, preuve à l’appui, que l’avis d’audience a été signifié à l’appelant ou à son avocat ou que l’avis d’audience a été affiché en un endroit bien visible deslieux, du bâtiment ou de la construction visés : (i) retourne l’AVIS D’APPEL et tous les documents présentés par l’appelant à l’adresse indiquée dans l’AVIS D’APPEL; (ii) avise l’appelant par écrit, à l’adresse indiquée dans son AVIS D’APPEL, de la décision du COMITÉ D’APPEL. I.Publicité des audiences 1. Toutes les audiences du COMITÉ D’APPEL sont ouvertes au public. J. Langue des procédures 1. Avant l’audition d’un appel, le PRÉSIDENT vérifie quelle est la LANGUE de prédilection de l’appelant pour le déroulement de OFFICIELLE l’audience. 2. La « langue de l’appelant » pour l’audition de l’appel est la LANGUE choisie par l’appelant, quelle que soit sa langue principale. OFFICIELLE 3. L’appelant qui omet de dire au PRÉSIDENT quelle est sa langue de prédilection est réputé avoir choisi la LANGUE OFFICIELLE choisie par le PRÉSIDENT, lequel demande alors à l’appelant s’il s’oppose à ce que l’audience se déroule dans cette langue. 4. La traduction simultanée est utilisée dans les cas où la langue de l’appelant LANGUE OFFICIELLE connue des membres du COMITÉ D’APPEL. diffère de la K. Droit aux services d’un avocat 1. La personne qui interjette appel est entendue par le COMITÉ D’APPEL et peut être représentée par un avocat. L.Enregistrement des actes du comité - 23 - 1. Le COMITÉ D’APPEL consigne ses actes dans des dossiers et fait des enregistrements sonores de ses audiences. 2. L’enregistrement sonore d’une audience peut être détruit douze mois après l’audition de l’appel, si l’appelant n’a pas exercé son droit d’appeler de la décision du COMITÉ D’APPEL devant la Cour du Banc de la Reine du Nouveau-Brunswick en vertu du paragraphe 9(8) de l’Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John. M. Décisions 1. Le COMITÉ D’APPEL doit fournir une copie de sa décision à l’appelant dans les quatorze jours suivant la date à laquelle il a rendu sa décision. La décision peut confirmer, modifier ou annuler l’AVIS ou l’ORDONNANCE ou proroger le délai pour s’y conformer. 2. Les décisions du COMITÉ D’APPEL sont datées, la date étant celle de la décision. 3. Toutes les décisions du COMITÉ D’APPEL sont rédigées par le membre qui exerçait la présidence. N. Conflit d’intérêts 1. Un membre doit s’abstenir de participer à une audience s’il est en conflit d’intérêts. O. Rémunération et dépenses 1. Les membres du COMITÉ D’APPEL reçoivent la rémunération suivante : a) 1200 $ par journée d’audience. 2. Les membres du COMITÉ D’APPEL sont indemnisés des dépenses nécessaires engagées raisonnablement et effectivement à l’occasion de leur participation à une audience du COMITÉ D’APPEL. P. Financement 1. La municipalité finance les activités du COMITÉ D’APPEL dans le cadre de son processus budgétaire habituel. 2. La municipalité fournit ce qui suit au COMITÉ D’APPEL: a) le lieu d’audience; - 24 - b) le matériel audio nécessaire pour enregistrer l’audience; c) les services de secrétariat, au besoin; d) le papier à lettres officiel, au besoin; e) les autres services ou ressources connexes qui sont nécessaires au bon fonctionnement du COMITÉ D’APPEL. Q. Siège du COMITÉ D’APPEL 1. L’adresse du COMITÉ D’APPEL est la suivante : Comité des appels sur les résidences non conformes aux normes de Saint John a/s The City of Saint John Greffier municipal e 2étage, Édifice de l’hôtel de ville C.P. 1971 Saint John (Nouveau-Brunswick) E2L 4L1 R. Questions non prévues 1. Le COMITÉ D’APPEL est habilité à trancher toute question de procédure non réglée expressément dans le présent document. - 25 - Schedule “A” Annexe « A » FORM 1 FORMULE 1 NOTICE OF APPEAL AVIS D’APPEL File No.: _______________ Nº du dossier : _______________ BETWEEN:ENTRE: ________________________________, ________________________________, Appellant(s), Appelant(s), - and - - et - THE CITY OF SAINT JOHN, THE CITY OF SAINT JOHN, Respondent. Intimée. Parcel Identifier: PID # Numéro d’identification de la parcelle: # NID _____________________ _____________________ Parcel Address: _____________________________ Adresse de la parcelle : _________________________ __________________________________________ _____________________________________________ Owner(s) or Occupier(s): Propriétaire(s) ou occupant(s) : Name: _____________________________________Nom : _______________________________________ Address: ___________________________________ Adresse : _____________________________________ ________________________________________________________________________________________ Telephone: _________________________________ Téléphone: ___________________________________ Name: _____________________________________Nom : _______________________________________ Address: ___________________________________ Adresse : ____________________________________ ________________________________________________________________________________________ Telephone: _________________________________ Téléphone: ___________________________________ The above named appellant(s) is (are) not satisfied L’appelant ou les appelants susnommé(s) n’accepte(nt) with the terms and conditions set out in: pas les modalités ou les conditions qui sont énoncés - 26 - dans : (a) a Notice that was given under section 7 of the (a) un AVIS qui a été donné en vertu de l’article 7 de Saint John Unsightly Premises and Dangerous l’Arrêté relatif aux lieux inesthétiques et aux Buildings and Structures By-Law;or bâtiments 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 été émise en vertu de Saint John Minimum Property Standards By-l’article25 de l’Arrêté concernant les normes Law; minimales régissant les résidences de Saint John and therefore appeals to the Saint John Substandard et fait ainsi appel devant le Comité des appels sur les Properties Appeal Committee. résidences non conformes aux normes de Saint John. The appellant’s grounds for this appeal are as follows Les motifs d’appel de l’appelant(s) dans le présent (set out the grounds clearly but briefly):appel sont les suivants (énoncer les motifs de façon claire et concise) : ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ Dated at ____________________ the _____ day of Fait à ______________________________________ le ____________________, 20___. ____________________ 20___. _________________________________ __________________________________ Signature of owner or occupier Signature du propriétaire ou de l’occupant The appellant(s) intends to proceed in the English \[ \] L’appelanta ou les appelants ont l’intention d’utiliserla or French\[ \] language (Please check the appropriate langue française \[ \] ou anglaise \[ \] (Veuillez cocher la box). case appropriée). Please forward your Notice of Appeal by registered Veuillez faire parvenir votre AVIS D’APPEL par courrier mail to the CityClerk within fourteen (14) days after recommandé au greffier municipal dans les quatorze having been given the Notice or Order at the (14) jours qui suivent la notification de l’AVIS ou de following address: l’ORDONNANCE à l’adresse suivante : City Clerk’sOfficeBureau du greffier municipal nde 15 Market Square, City Hall Building, 2 Floor 15 Market Square, Édifice de l’hôtel de ville, 2étage P. O. Box 1971Case postale1971 - 27 - Saint John, New BrunswickSaint John (Nouveau-Brunswick) E2L 4L1E2L 4L1 Telephone: 506-658-2862 Téléphone : 506-658-2862 Facsimile: 506-674-4214 Facsimilé: 506-674-4214 Notes:Notes : 1.A Notice or Order that is not appealed within 1. Un AVIS ou une ORDONNANCE dont il n’est pas fourteen (14) days after having been given or issued interjeté appel dans les quatorze (14) jours qui suivent shall be deemed to be confirmed. la notification de l’AVIS ou l’émission de l’ORDONNANCE est réputé confirmé. 2.On an appeal, the Saint John Substandard 2. Lors d’un appel, le Comité des appels sur les Properties Appeal Committee shall hold a hearing résidences non conformes aux normes de Saint John into the matter at which the owner(s) or occupier(s) doit tenir, sur le point en litige, une audience au cours bringing the appeal has (have) a right to be heard and de laquelle le(s) propriétaire(s) ou l’occupant ou les may be represented by counsel. occupants qui interjette(nt) appel a (ont) le droit d’être entendu(s) et peut (peuvent) se faire représenter par un avocat. 3.On an appeal, the Saint John Substandard 3. Lors d’un appel, le Comité des appels sur les Properties Appeal Committee may confirm, modify résidences non conformes aux normes de Saint John or rescind the Notice or Order, or extend the time for peut confirmer, modifier ou annuler l’AVIS ou complying with the Notice or Order. l’ORDONNANCE ou proroger le délai pour s’y conformer. 4.The Saint John Substandard Properties 4. Le Comité des appels sur les résidences non Appeal Committee shall provide a copy of its conformes aux normes de Saint John doit fournir une decision to the owner(s) or occupier(s) of the copie de sa décision au(x) propriétaire(s) ou à premises, building or structure who brought the l’occupantou aux occupantsdes lieux, du bâtiment ou de la construction qui lui a (ont) interjeté appel dans les appeal within fourteen (14) days after making its decision. quatorze (14) jours suivant la date à laquelle il a rendu sa décision. 5.The owner(s) or occupier(s) who is provided 5. Le(s) propriétaire(s) ou l’occupant ou les with a copy of a decision from the Saint John occupants à qui une copie d’une décision a été fournie Substandard Properties Appeal Committee regarding par le Comité des appels sur les résidences non a Notice, may appeal the decision to a judge of The conformes aux normes de Saint John concernant un Court of Queen’s Bench of New Brunswick within AVIS peut (peuvent), dans les quatorze (14) jours qui fourteen (14) days after the copy of the decision was suivent, interjeter appel de la décision devant un juge de provided to the owner(s) or occupier(s) on the la Cour du Banc de la Reine du Nouveau-Brunswick au grounds that (a) the procedure required to be motif que (a) la démarche à suivre en vertu de l’arrêté followed by the by-law was not followed, or (b) the n’a pas été suivie, ou (b) la décision est déraisonnable. decision is unreasonable. From:City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: Monday, May 29, 2023 10:50 AM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Webform submission from: Request to present to council form \[ External Email Alert\] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047.** Submitted on Mon, 05/29/2023 - 10:50 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: Jeff Last Name: MacCallum Name of Organization/Group (where applicable): Circular Materials Atlantic Address: 700-1 St. Clair Ave. W Toronto, Ontario. M4V 1K6 Canada Day Time Phone Number: (902) 956-2213 Email jmaccallum@circularmaterials.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. Yes About your Request Topic of Presentation: Paper & Packaging Stewardship Plan Implementation Purpose for Presentation (what is the ask of Council): To inform council of the transition of curbside recycling program to the industry-led EPR program being implemented by Circular Materials per the approved Stewardship Plan. Background Information: https://www.circularmaterials.ca/nb-plan/ Are you making a request for funding? No From:City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: Wednesday, June 7, 2023 8:54 PM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Webform submission from: Request to present to council form \[ External Email Alert\] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047.** Submitted on Wed, 06/07/2023 - 20:53 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: Alisa Last Name: Donkers Name of Organization/Group (where applicable): Aquarian Alchemy Address: 30 dipper Harbour Dipper Harbour, New Brunswick. E5J 1X2 Canada Day Time Phone Number: 14167688583 Email alisadonkerswellness@gmail.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. Yes About your Request Topic of Presentation: Zero Waste Initiatives - Education Purpose for Presentation (what is the ask of Council): Good evening, I'm a new resident in the Saint John region. Being my first time here I was astounded by I by the beautiful scenery, the city market, the friendly people, the delicious food and the bounty of courageous independent business owners. One thing that has been coming to my awareness time and time again, is the lack of zero-waste/green strategies. It's fantastic that the city itself has created a composting/recycling/garbage systems, but from what I've gathered, it is not being utilized as well as it could be. Specifically in business's /restaurants and on the streets. As many things this boils down to education, and creating hype, purpose and incentives as to why one would want to make efforts to be less wasteful as an individual, a business owner and a resident of this beautiful world. I would like to present a proposal of creating a zero waste initiatives, incentives, and working with a team to create impactful strategies and simultaneously create a job that inspires me, and hopefully others as well! This will cover areas such as - funded community gardens with the focus of feeding the community organic produce. - Compost initiatives and drop off points - Community garbage art workshops in partnership with local restaurants/bars/community centers - Saint John city: Zero waste 'competitions' in partnership with local radio stations Background Information: I am a Yoga & Wellness facilitator and a visionary artist. I have taught various wellness workshops at Shopify, Google and classes in other reputable companies. I am very passionate about the environment, and a little overly obsessed with composting. I love to work as a teacher and infuse comedy, light-heartedness and practice information into my lessons. Are you making a request for funding? Yes M&CNo.2023-147 ReportDateJune 1, 2023 MeetingDateJune 12,2023 General Counsel ServiceArea {.W9/ʹwĻƌƚĭğƷźƚƓ ƚŅ .ğƩĬƚǒƩƭ DĻƓĻƩğƌ {ƷƚƩĻ /hb/L\[w9{h\[Lhb 72