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2024-07-08_Agenda Packet--Dossier de l'ordre du jour /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ /ƚƒƒƚƓ /ƚǒƓĭźƌ aĻĻƷźƓŭ aƚƓķğǤͲ WǒƌǤ БͲ ЋЉЋЍ 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 ЍʹЌЉ Ʀ͵ƒ͵Ͳ Ћ CƌƚƚƩ .ƚğƩķƩƚƚƒͲ /źƷǤ Iğƌƌ 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Financial Matter 68(1)(c) 1.4 Financial Matter 68(1)(c) 1.5 Employment Matter 68(1)(j) 1.6 Financial Matter 68(1)(c) 1.7 Legal Matter 68(1)(f) 1.8 Land Matter 68(1)(d,f) Ville de Saint John Séance de conseil communal Lundi le 8 juillet 2024 18h e 2 étage de la Salle du conseil communal, Hôtel de Ville Nous utiliserons un moyen de communication électronique lors de cette réunion. Le public peut assister à la séance en personne dans la Salle du Conseil ou la regarder sur le site Internet de la ville (www.saintjohn.ca) ou sur TV Rogers 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 30 Clôture du comité plénier Salle de conférence du 2 étage 1.1 Approbation du procès-verbal 68(1) 1.2 Question financière 68(1)(c) 1.3 Question financière 68(1)(c) 1.4 Question financière 68(1)(c) 1.5 68(1)(j) 1.6 Question financière 68(1)(c) 1.7 Question juridique 68(1)(f) 1.8 Question foncière 68(1)(d,f) Séance ordinaire 1. Ouverture de la séance 1.1 Reconnaissance territoriale 1.2 Hymne national 2. Approbation de procès-verbal 2.1 Procès-verbal du 24 juin 2024 3. A 4. érêts 5. Questions soumises à 5.1 Alloy Drive (recommandation dans le rapport) 5.2 le rapport) 5.3 Dates proposées pour les audiences publiques concernant le 88-126 rue St. James, le 3600 Westfield Road, le 1277 Old Black River Road et le 9 Austin Lane (recommandation dans le rapport) 5.4 Fonds municipal vert Possibilité de financement pour la plantation éveloppement des canopées communautaires de Canada (recommandation dans le rapport) 6. Commentaires présentés par les membres 7. Proclamation 8. Délégations et présentations 9. Audiences publiques 9.1 1750 Sandy Point Road 9.2 59 avec rapport du comité ersonnel 72 Clint Drive 9.3 910, Fairville ree Boulevard (1 et 2 lectures) 9.4 age avec rapport du comité 1670, Hickey lectures) 10. Étude des arrêtés municipaux 10.1 Présentation publique Proposition de modification du plan municipal Nason Road/Martha Avenue 10.2 Présentation publique Proposition de modification du plan municipal Extension du parc industriel de Saint John 10.3 ditions des e articles 39 et 59- 2400, avenue Lancaster (3 lecture) 10.4 e articles 39 et 59 - lecture) 11. Interventions des membres du conseil 12. Affaires municipales évoquées par les fonctionnaires municipaux 12.1 strateur en chef sur certains projets catalyseurs et la défense des intérêts (verbal) 12.2 - 232 Duke Street (NID 00006452) 12.3 Modification du Programme de subventions pour le logement abordable 13. Rapports déposés par les comités 14. 15. Correspondence générale 15.1 R. Johnson Point Road comme bien excédentaire (recommandation : Renvoi au Comité de la croissance) 15.2 Saint John Cycling : Sentier du lac Harrigan (recommandation : renvoi au Comité de la croissance) 15.3 L. Brown : Proposition de Rogers Communications (recommandation : 16. Ordre du jour supplémentaire 17. Comité plénier 17.1 Conseil municipal 17.2 Contrat de licence : Commercial Properties Ltd. 12 rue Smythe NID 55125199 «Red Rose Tea Lot» 17.3 Modification du contrat de licence Mise à 20, rue Dorchester (NID 38000 et 38018) 17.4 17.5 Litige Hayes - Dépens 18. Levée de la séance COMMON COUNCIL / CONSEIL COMMUNAL June 24, 2024 / le 24 juin 2024 MINUTES REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN JUNE 24, 2024 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-at-Large Brent Harris Councillor Ward 1 Greg Norton (virtual) Councillor Ward 1 Joanna Killen 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 Also Present: Chief Administrative Officer B. McGovern Legal Counsel M. Powell Director Finance J. Forgie Commissioner Utilities & Infrastructure Services I. Fogan Fire Chief R. Nichol Commissioner Human Resources S. Hossack Commissioner Growth & Community Services A. Poffenroth Director External Relations L. Caissie Commissioner Public Works and Transportation Services M. Hugenholtz City Clerk J. Taylor Deputy Clerk P. Anglin 1 COMMON COUNCIL / CONSEIL COMMUNAL June 24, 2024 / le 24 juin 2024 1.Call to Order 1.1 Land Acknowledgement Councillor Stewart read aloud the Land Acknowledgement and called for a moment of reflection. situated is the traditional territory of 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 High School choir performed O Canada by video recording. 2. Approval of Minutes 2.1 Minutes of June 10, 2024 Moved by Councillor Sullivan, seconded by Councillor Harris: RESOLVED that the minutes of June 10, 2024, be approved. MOTION CARRIED. 2.2 Minutes of June 17, 2024 Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the minutes of June 17, 2024, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the agenda for June 24, 2024, be approved with the addition of 17.1 Recommended Appointments to Committees. MOTION CARRIED. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2024-170: Assent to Money-in-lieu of Land for Public Purposes, 71-77 Visart Street, Common Council assent to money-in-lieu of Land for Public Purposes for the proposed Subdivision at 71-77 Visart Street. 2 COMMON COUNCIL / CONSEIL COMMUNAL June 24, 2024 / le 24 juin 2024 5.2 RESOLVED that as recommended in the submitted report M&C 2024-168: Proposed Public Hearing Dates for 949 Grandview Avenue, 3277 Westfield Road and 199 Union Street, Common Council schedule the public hearings for the Zoning By-law Rezoning Application submitted by 3D Property Management Inc. for 949 Grandview Avenue (PID: 000340497), the Rezoning application submitted by Janice K. Seely for 3277 Westfield Road (PID: 00295048) and the Zoning By-Law Amendment Application submitted by 724745 NB Inc. for 199 Union Street (PID: 55108997) for Monday, August nd 19, 2024 at 6:30 p.m. at the Council Chamber, City Hall 2 floor, 15 Market Square, Saint John, NB. 5.3 RESOLVED that as recommended in the submitted report M&C 2024-163: Employee Engagement and Wellness, Common Council grant authority to the Chief Administrative Officer (CAO) or his delegate to approve the purchase of goods to be awarded to City employees as part of employee engagement and wellness initiatives with an annual maximum amount not to exceed $5,000, funded through the approved annual Human Resources operating budget. This authorization will be in accordance with the Strategic Procurement Policy, FAS-011, adopted by Common Council on June 19, 2023. 5.4 RESOLVED that as recommended in the submitted report M&C 2024-167: Amendment to Schedule A City of Saint John Housing Accelerator Fund 2024-2026 Action Plan CMHC Agreement #27,097,302, Common Project Manager to acce Accelerator Fund Contribution Agreement between the City and CMHC dated as outlined in the email correspondence attached to M&C 2024-167, and that the Mayor and Clerk be authorized to execute the said Amendment or any other documents ancillary thereto. 5.5 RESOLVED that as recommended in the submitted report M&C 2024-166: Amending the Section 131 Agreement for 99 King Street, Common Council assent to amending the Section 131 Agreement for 99 King Street as follows: a) That Section 1(b) of the agreement be amended to reflect the revised location of the awning as identified in the attached Site Plan; and b) That Section 2 of the agreement be deleted. 5.6 Refer to Item 14.1 5.7 RESOLVED that as recommended in the submitted report M&C 2024-172: Contract No. 2023-26: Charlotte Street (Union Street to King Square South) Storm Sewer Installation and Street Reconstruction, the contract be awarded to the lowest tenderer, Galbraith Construction Ltd., at their tendered price of $3,079,445.28 (including HST) as calculated based on estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.8 RESOLVED that the Council Community Fund Application submitted jointly by Councillors Hickey, Stewart, and Lowe re Saint John West Days in the total amount of $1500.00 contributed in equal amounts of $500.00 by the sponsoring Council Members be approved. 5.9 RESOLVED that the Council Community Fund Application submitted jointly by Councillors Hickey and Lowe re PULSE in total amount of $1,500 and the shared 3 COMMON COUNCIL / CONSEIL COMMUNAL June 24, 2024 / le 24 juin 2024 contribution amount being $1,000.00 by Councillor Hickey and $500.00 By Councillor Lowe be approved. Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the recommendation set out in each consent agenda item respectively, with the exception of item 5.6 that has been removed for discussion as item 14.1, be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Members commented on various local events. 7. Proclamation 7.1 Indigenous Survivors Day - June 30, 2024 Mayor Donna Noade Reardon proclaimed June 30, 2024, as Indigenous Survivors Day in the City of Saint John. 8. Delegations / Presentations 9. Public Hearings 6:30 p.m. 9.1 Proposed Zoning By-Law Amendment with Staff Presentation and Planning Advisory Committee report - 2400 Westfield Road (1st and 2nd Reading) Commissioner Growth and Community Services A. Poffenroth introduced the proposed amendment to the Zoning By-Law which rezones a parcel of land having an area of approximately 5,261 square metres, located at 2400 Westfield Road, also identified as PID 00290585, from Rural General Commercial (CRG) to Rural Settlement Residential (RS). The Planning Advisory Committee and staff are in alignment with the recommendation. Mayor Noade Reardon called the Public Hearing to Order. The Mayor called for members of the public to speak against the application with no one presenting. The Mayor called for members of the public to speak in favor of the application with Richard Hunt, the proponent, presenting. Mayor Noade Reardon closed the public hearing. Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the by--Law of The City of by rezoning a parcel of land having an area of approximately 5,261 square metres, located at 2400 Westfield Road, also identified as PID 00290585, from Rural General Commercial (CRG) to Rural Settlement Residential (RS) be read a first time. 4 COMMON COUNCIL / CONSEIL COMMUNAL June 24, 2024 / le 24 juin 2024 MOTION CARRIED. Read a first time by title, the by-law entitled -Law of The City Moved by Councillor Lowe, seconded by Councillor Stewart: RESOLVED that the by--Law of The City of , the Zoning Map of The City of Saint John by rezoning a parcel of land having an area of approximately 5,261 square metres, located at 2400 Westfield Road, also identified as PID 00290585, from Rural General Commercial (CRG) to Rural Settlement Residential (RS), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled -Law of 9.2 Proposed Zoning By-Law Amendment with Staff Presentation and Planning Advisory Committee report - 15 O'Brien Street (1st and 2nd Reading) Commissioner Growth and Community Services A. Poffenroth introduced the proposed amendment to the Zoning By-Law which rezones a parcel of land having an area of Number 00415711 from General Commercial (CG) to Two-Unit Residential (R2). The Planning Advisory Committee and staff agree with the recommendation. Mayor Noade Reardon called the Public Hearing to Order. The Mayor called for members of the public to speak against the application with no one presenting. The Mayor called for members of the public to speak in favor of the application with no one presenting. Mayor Noade Reardon closed the public hearing. Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that the by--Law of The City of Saint John The City of Saint John, by rezoning a parcel of land having an area of approximately 3,118 square metres, located at 15 General Commercial (CG) to Two-Unit Residential (R2), be read a first time. MOTION CARRIED. Read a first time by title, the by--Law of The Moved by Councillor Sullivan, seconded by Councillor Lowe: 5 COMMON COUNCIL / CONSEIL COMMUNAL June 24, 2024 / le 24 juin 2024 RESOLVED that the by--Law of The City of Saint John rezoning a parcel of land having an area of approximately 3,118 square metres, located at 15 General Commercial (CG) to Two-Unit Residential (R2), be read a second time. MOTION CARRIED. Read a second time by title, the by--Law of 10. Consideration of By-Laws nd Having been absent for the 1st and 2 readings of the By-Laws Mayor Noade Reardon, Deputy Mayor MacKenzie and Councillor Harris withdrew from the meeting during the rd consideration of 3 reading. Moved by Councillor Hickey, seconded by Councillor Radwan: RESOLVED that Councillor Sullivan be appointed as Chair for items 10.1 10.2, 10.3 and 10.4. MOTION CARRIED. 10.1 Municipal Plan Amendment - 901 Foster Thurston Drive (3rd Reading) Moved by Councillor Radwan, seconded by Councillor Killen: RESOLVED that the by-By-Law Number C.P. 106-33 A Law to Amend the Municipal Plan By-Schedule A City Structure, by redesignating a parcel of land with an area of approximately 7.93 hectares, located at 901 Foster Thurston Drive, also identified as PID 55242945, from Park and Natural Area (outside of the Primary Development Area) to Park and Natural Area (within the Primary Development Area); and amending Schedule B Future Land Use, by redesignating a parcel of land with an area of approximately 7.93 hectares, located at 901 Foster Thurston Drive, also identified as PID 55242945, from Park and Natural Area (outside of the Primary Development Area) to Park and Natural Area (within the Primary Development Area), be read. MOTION CARRIED. The bylaw By-Law Number C.P. 106-33 A Law to Amend the Municipal Plan By- was read in its entirety. Moved by Councillor Lowe, seconded by Councillor Stewart: RESOLVED that the by-By-Law Number C.P. 106-33 A Law to Amend the Municipal Plan By-Schedule A City Structure, by redesignating a parcel of land with an area of approximately 7.93 hectares, located at 901 Foster Thurston Drive, also identified as PID 55242945, from Park and Natural Area (outside of the Primary Development Area) to Park and Natural Area (within the Primary Development Area); and amending Schedule B Future Land Use, by redesignating a parcel of land with an area of approximately 7.93 hectares, located at 901 Foster Thurston Drive, also identified as PID 55242945, from Park and Natural Area (outside of the Primary Development Area) to 6 COMMON COUNCIL / CONSEIL COMMUNAL June 24, 2024 / le 24 juin 2024 Park and Natural Area (within the Primary Development Area), be read a third time, enacted and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title the bylaw By-Law Number C.P. 106-33 A Law to Amend the Municipal Plan By-. 10.2 Zoning By-Law Amendment with Section 59 Conditions - 435 Woodward Avenue (3rd Reading) Moved by Councillor Hickey, seconded by Councillor Killen: RESOLVED that the by-By-Law Number C.P. 111-165 A Law to Amend the Zoning By-amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 8,988 square metres, located at 435 Woodward Avenue, also identified as PID 00049916 from Neighbourhood Community Facility (CFN) to Mid-Rise Residential (RM), be read. MOTION CARRIED. The bylaw By-Law Number C.P. 111-165 A Law to Amend the Zoning By-Law of the City of Saint John was read in its entirety. Moved by Councillor Norton, seconded by Councillor Stewart: RESOLVED 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 8,988 square metres, located at 435 Woodward Avenue, also identified as PID 00049916 stating: Access to the site on both Woodward Avenue and Boars Head Road must incorporate traffic calming elements, to be reviewed by City staff, to reduce instances of cut-through traffic. MOTION CARRIED. Moved by Councillor Stewart, seconded by Councillor Lowe: RESOLVED that the by-By-Law Number C.P. 111-165 A Law to Amend the Zoning By- City of Saint John, by rezoning a piece of land having an area of approximately 8,988 square metres, located at 435 Woodward Avenue, also identified as PID 00049916 from Neighbourhood Community Facility (CFN) to Mid-Rise Residential (RM), be read a third time, enacted and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the bylaw By-Law Number C.P. 111-165 A Law to Amend the Zoning By-Law of the City of Saint John 10.3 Zoning By-Law Amendment with Section 59 Conditions - 50 Heather Way (3rd Reading) Moved by Councillor Radwan, seconded by Councillor Hickey: 7 COMMON COUNCIL / CONSEIL COMMUNAL June 24, 2024 / le 24 juin 2024 RESOLVED that the by--Law Number C.P. 111-166 A Law to Amend the Zoning By- rezoning a parcel of land having an approximate area of 9.15 hectares, located at 50 Heather Way, also identified as PID Numbers 55124358, 00456640, 00456657, 00456665, and 55190227, from Two-Unit Residential (R2) to Mid-Rise Residential (RM) be read. MOTION CARRIED. The bylaw By-Law Number C.P. 111-166 A Law to Amend the Zoning By-Law of the City of Saint John was read in its entirety. Moved by Councillor Lowe, seconded by Councillor Stewart: RESOLVED that Common Council rescind the Section 39 conditions imposed on the March 17, 2008, rezoning of the property located at 50 Heather Way, also identified as PID Numbers 00456640, 00456657, 00456665, 55190227 and 55124358. MOTION CARRIED. Moved by Councillor Hickey, seconded by Councillor Killen: RESOLVED 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 9.15 hectares, located at 50 Heather Way, also identified as PID Numbers 00456640, 00456657, 00456665, 55190227, and 55124358: (a) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle, and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; (b) That a landscaping plan(s) be prepared for the development by the proponent, for the approval of the Development Officer, demonstrating landscaping of the site and including the following elements: Landscaping of the front yards of the proposed townhouse and multiple- unit buildings, which includes the planting of a minimum of one tree or shrub for every 45 square metres of required front yard, provided at least 50 percent of the required plants are trees. (c) The above elevation, landscaping, and site plans be attached to the permit application for the development of the parcel of land. (d) If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. 8 COMMON COUNCIL / CONSEIL COMMUNAL June 24, 2024 / le 24 juin 2024 (e) That the location of water and sanitary sewer main connections to existing infrastructure be subject to the approval of Saint John Water and Infrastructure Development. MOTION CARRIED. Moved by Councillor Stewart, seconded by Councillor Lowe: RESOLVED that the by--Law Number C.P. 111-166 A Law to Amend the Zoning By- rezoning a parcel of land having an approximate area of 9.15 hectares, located at 50 Heather Way, also identified as PID Numbers 55124358, 00456640, 00456657, 00456665, and 55190227, from Two-Unit Residential (R2) to Mid-Rise Residential (RM) be read a third time, enacted and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, -Law Number C.P. 111-166 A Law to Amend the Zoning By- Law of The City of Saint . Moved by Councillor Hickey, seconded by Councillor Ogden: BE IT FURTHER RESOLVED: 1. That Common Council assent to the submitted subdivision plan, in general accordance with the submitted subdivision plan, including any required Local Government Services Easements and Municipal Drainage Easements. 2. That Common Council accept money-in-lieu of Land for Public Purpose dedication in relation to the proposed subdivision. 3. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure the provision of the required work and facilities, including any necessary temporary turnarounds. MOTION CARRIED. 10.4 Zoning By-Law Amendment - Text Amendment re: Excavation and Filling (3rd Reading) Moved by Councillor Norton, seconded by Councillor Lowe: RESOLVED that the by-By-Law Number C.P. 111-167 A Law to Amend the Zoning By-deleting subparagraph 9.7(1)(c)(ii) and replacing it with provincial, or federal government; or subparagraph 9.7(2)(c)(ii) and replacing it with or a local, provincial, or federal government. MOTION CARRIED. The bylaw By-Law Number C.P. 111-167 A Law to Amend the Zoning By-Law of the City of Saint John was read in its entirety. 9 COMMON COUNCIL / CONSEIL COMMUNAL June 24, 2024 / le 24 juin 2024 Moved by Councillor Killen, seconded by Councillor Radwan: RESOLVED that the by-By-Law Number C.P. 111-167 A Law to Amend the Zoning By-deleting subparagraph provincial, or federal government; or subparagraph 9.7(2)(c)(ii) and replacing it with or a local, provincial, or federal government a third time, enacted and the Corporate Common Seal affixed thereto. MOTION CARRIED. By-Law Number C.P. 111-167 A Law to Amend the Zoning By- . The Mayor, Deputy Mayor and Councillor Harris re-entered the meeting and the Mayor returned to her role as Chair. 11. Submissions by Council Members 12. Business Matters Municipal Officers 13. Committee Reports ! 14. Consideration of Issues Separated from Consent Agenda 14.1 Fleet Replacement Procurement June 2024 Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that as recommended in the submitted report M&C 2024-175: Fleet Replacement Procurement June 2024, Common Council award the purchase of four (4) 43,000LB. Cab and Chassis Single Axle Trucks with attachments at a total cost of $1,398,720.00 plus HST to Viking-Cives Ltd. MOTION CARRIED with Councillor Radwan voting nay. 15. General Correspondence 15.1 R. Rancourt: Request to Present re Job Growth and Low-Income Housing (Recommendation: Refer to the CAO for follow-up) Moved by Councillor Ogden, seconded by Councillor Harris: RESOLVED that the correspondence from R. Rancourt with respect to Job Growth and Low-Income Housing be referred to the CAO for follow-up. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 10 COMMON COUNCIL / CONSEIL COMMUNAL June 24, 2024 / le 24 juin 2024 17.1 Recommended Appointments to Committees Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that as recommended by the Committee of the Whole having met on June 24, 2024 Common Council approved the following appointments: North End Advisory Committee: to appoint Deputy Mayor John MacKenzie and Councillor Barry Ogden from June 24, 2024, to the end of their current term of Council; to appoint Tamara Kelly as the ONE Change representative for a three-year term from June 24, 2024, to June 24, 2027; to appoint Anne Driscoll as the Crescent Valley Resource representative for a three-year term from June 24, 2024, to June 24, 2027; and to appoint Steve Belyea, Anne McShane, Melissa Wakefield, Kelly Baker, Graeme Stewart- Robertson, Evan Miller and Jamiu Abdulraheem each for a three-year term from June 24, 2024, to June 24, 2027. Saint John Community Arts Board: to appoint Brittany Ewart for a three-year term from June 24, 2024, to June 24, 2027. Saint John Free Public Library Board: to appoint Elizabeth Krajewski for a three-year term from July 27, 2024, to July 27, 2027. Nominating Committee: to appoint both Councillor Greg Stewart and Councillor Greg Norton from June 24, 2024, to May 31, 2025. Saint John Industrial Parks: to appoint Bruce Wright, John Runcie, Mike Rekrutiak, Edwin Bernard, Cameron Hughes, James Finch each for a three-year term from June 24, 2024, to June 24, 2027; and to appoint Lois Vincent for a one-year term from June 24, 2024, to June 24, 2025; and to appoint Councillor Lowe and Councillor Killen from June 24, 2024, to the end of their current term on Council. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Stewart: RESOLVED that the meeting of Common Council held on June 24, 2024, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:19 p.m. 11 Staff Recommendation for Council Resolution Property: Alloy Drive (PID 55032957) Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By-Law No Amendment Recission of No Previous s. 39/s. 59 Conditions Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No 1. That Common Council assent to the submitted subdivision plan, in general accordance with the submitted subdivision plan, including any required Local Government Services Easements and Municipal Drainage Easements. 2. That Common Council accept money-in-lieu of Land for Public Purposes in relation to the proposed subdivision. 3. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure the provision of the required work and facilities, including any necessary temporary turnarounds. /h…b/L\[ w9thw M&C No.2024-176 Report Date June 24, 2024 Meeting Date July 08, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: LPP Council Report -Alloy Drive.docx OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary AuthorCommissioner/Dept. HeadCity Manager Thomas LewallenAmy Poffenroth/ Pankaj Brent McGovern Nalavde RECOMMENDATION That Common Council assent to money-in-lieu of Land for Public Purposes for the proposed subdivision (PID 55032957)on Alloy Drive. EXECUTIVE SUMMARY The subdivision application involves the vesting of a parcel of land as a Public Street to serve two newly created industrial lotsand the assent to money-in-lieu of Land for Public Purposes. The staff recommendation cover sheet incorporates all resolutions applicable to the Alloy Drive subdivision. This report addresses the assent to Money-in-lieu of Land for Public Purposes, whichissolely under the jurisdiction of Common Council and is not sent to the Planning Advisory Committee for considerationprior to council assent. A second report, which addresses the Street Vesting,wasreviewed by the Planning Advisory Committeeprior to being presented to Common Council. That report is includedin the Agenda Package. REPORT The site is located on the west side of the City in the Spruce Lake Industrial area in Lorneville. The subdivision will create an additional lot that will be used for industrial purposes. The attached plans illustrate a parcel of land (PID55032957) to be vested as a Public Street. In order to fully utilize the existing lots at the end ofAlloy Drive, the extension of the street and creation of a turnaround bulb is required. The City of Saint John typically takes money-in-lieu of Land forPublic Purposes, as opposed to land dedication,unless the land acquisition would support specific projects outlined in PlaySJ and the development of identifiedactive transportationcorridors. -2- STRATEGIC ALIGNMENT The proposed y of Grow and Perform. SERVICE AND FINANCIAL OUTCOMES Money-in-Lieu requirements are calculated based on the assessed value of the land prior to its development. The funds collected are placed in a trust account in accordance with the Community Planning Act. These funds are dispersed through a grant program that supports the enhancement of existing parks and recreation services. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS and Parks and Public Spaces Service Areas. ATTACHMENTS Tentative Plan of Subdivision . , ! 2 : 3/7 21611 55!,. Date:June 13, 2024 To:PlanningAdvisory Committee From:Growth &Community Services Meeting:June 18, 2024 SUBJECT Applicant:Hughes Surveys & Consultants Inc. Landowner:F. Andrew Simpson Contracting Ltd. Location:End of Alloy Drive (140 Alloy Drive) PID:55032957 PlanDesignation:Heavy Industrial Zoning:MediumIndustrial (IM) Application Type:Subdivision Jurisdiction:The Community Planning Act authorizes the Planning Advisory Committee to adviseCommon Council concerning thevesting of public streets. EXECUTIVE SUMMARY The subdivision application involves the vesting of a parcel of landas a Public Streetto serve two newly created industrial lots. Approval of the application is recommended. RECOMMENDATION That Common Council assent to the attached subdivision plan(Lot 23-02 -140 Alloy Drive)with respect to the proposed vesting of PID55032957. DECISION HISTORY In 2005, 141 Alloy Drive was subdivided off of PID 55032957 to create an industrial development. On December 6, 2023, tentative subdivision approval was grantedby the Development Officerto subdivide4,047 square metres from PID 55032957, 140 Alloy Drive, to createLot 23-01. Page 1of 2 Hughes Surveys & Consultants Inc. PID 55032957June 13, 2024 ANALYSIS Proposal The site is located on the west side of the City in the Spruce Lake Industrial area in Lorneville. The subdivision will create an additional lot that will be used for industrial purposes that aligns with the Medium Industrial (IM) zone. The attached plans illustrate a parcel of land (PID 55032957) to be vested as a Public Street. In order to fully utilize the existing lots at the end of Alloy Drive, the extension of the street and creation of a turnaround bulb is required. Vesting of public streets requires a recommendation from the Planning Advisory Committee and the assent of Common Council. Approval of the proposal is recommended. Conclusion The applicant seeks to formally vest lands as a Public Street for the proposed subdivision as well as other existing lots. Approval of the application is recommended. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were considered. ENGAGEMENT In accordance with the Committee’s Rules of Procedure, notification of the proposal was mailed to landowners within 100 metres of the subject property on June 3, 2024. APPROVALS AND CONTACT Author Manager Thomas Lewallen Jennifer Kirchner, MCIP, RPP Contact: Thomas Lewallen Telephone: (506) 977-0274 Email: thomas.lewallen@saintjohn.ca Application: 24-0066 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photo Submission 1: Tentative Plan of Subdivision Page 2 of 2 Alloy Drive PID 55032957 (Dead-end to be constructed as a cul-de-sac.) . , ! 2 : 3/7 21611 55!,. PLANNING ADVISORY COMMITTEE June 19, 2024 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT:Street Vesting Alloy Drive (PID 55032957) The Committee considered the attached report at its July 8, 2024, meeting. The applicantwas not in attendance. There were no questions for City Staff, no 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 assent to the attached subdivision plan (Lot 23-02 – 140 Alloy Drive) with respect to the proposed vesting of PID 55032957. Respectfully submitted, Brad Mitchell Chair Attachments Page 1of 1 COMMON COUNCIL REPORT M&C No.2024-178 Report DateJuly 02, 2024 Meeting DateJuly 08, 2024 Service AreaGrowth and Community Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: Appointment of Municipal Planning Director AUTHORIZATION Primary AuthorCommissioner/Dept. Chief Administrative HeadOfficer Amy PoffenrothAmy PoffenrothJ. Brent McGovern RECOMMENDATION ThatCommon Council appoint Pankaj Nalavde, MCIP, RPP, Director of Community Planning and Housing, as the Municipal Planning Director in accordance with subsection 10(1)(b) of the Community Planning Act. EXECUTIVE SUMMARY Following the appointment of the Commissioner of Growth and Community Services, Amy Poffenroth, P.Eng, in March 2024, there is a legislative requirement under the provincial Community Planning Act to appoint a Registered Professional Planner(RPP)to fulfill the professional responsibilities of the Municipal Planning Director. It is recommended that Common Council appoint Director of Community Planning and Housing, Pankaj Nalavde, MCIP, RPP, to fulfill this legislative role as the Municipal Planning Director. As per subsection 10(2) of the Community Planning Act The current ActingMunicipalPlanning Director, Jennifer Kirchner, MCIP, RPP will return to her role as the Manager of Community Planning. PREVIOUS RESOLUTION August 21, 2023 While retaining her position and responsibilities as Manager of Community Planning, Jennifer Kirchner, MCIP, RPP be appointed as Municipal Planning Director pursuant to subsection 10(1)(b) of the Community Planning Act on an acting basis until such time as Council makes a permanent appointment to that position. REPORT - 2 - As outlined in subsection 10(1)(b) of the Community Planning Act, a Council that provides its own land use planning service is required to appoint as the Municipal and who is either an employee of the municipality or engaged as a consultant. With the appointment of Commissioner of Growth and Community Services, Amy Poffenroth, P.Eng., there is now a need to appoint a permanent Municipal Planning Director to fulfill the professional responsibilities as mandated by the Community Planning Act. This appointment will play a key role in supporting the delivery of the Community Planning service, under the direction of the Commissioner. Pankaj Nalavde, MCIP, RPP, began his tenure as the Director of Community Planning and Housing for the City on March 25, 2024. With 17 years of professional experience, he is a Registered Professional Planner (RPP) and a member of the Canadian Institute of Planners (MCIP). His previous roles include Supervisor of Community Planning with the Regional Municipality of Wood Buffalo, Senior Planner with the City of Spruce Grove, and Senior Planner Project Manager in a planning consultancy. Director Nalavde holds a Master of Architecture (2018) and a Master of Environmental Design Planning (2008) from the University of Calgary. It is recommended that the Common Council appoint Director Nalavde as the the Community Planning Act, the Municipal Planning Director also serves as the advice to the Common Council and its Planning Advisory Committee, as well as making all administrative decisions related to land use planning approvals, such as Municipal Plan amendments, rezonings, Section 59 agreements, variances, zoning conformations, and subdivision approvals. These decisions must uphold the highest professional standards and comply wit Plan. The Municipal Planning Director is responsible for signing off on all professional planning reports to the Council and its Planning Advisory Committee, overseeing land use approvals and staff-level planning positions, and serving as the municipal planning expert for any third-party tribunals on planning matters. STRATEGIC ALIGNMENT This report and the recommendations support many of the objectives outlined in Common Council Priorities 2021-2026, but most notably under the umbrellas of will drive efforts to grow Saint John as a community of choice and create a sense of belonging. SERVICE AND FINANCIAL OUTCOMES - 3 - The City currently has five (5) Registered Professional Planners on staff, including one (1) temporary Senior Planner, with two (2) additional staff members actively pursuing accreditation to become Registered Professional Planners. According to the Community Planning Act, the Municipal Planning Director must be a registered professional planner. Pankaj Nalavde, MCIP, RPP, possesses the expertise, knowledge, and professional credentials necessary to fulfill the duties and responsibilities of the Municipal Planning Director. Upon his appointment, the acting Municipal Planning Director, Jennifer Kirchner, MCIP, RPP, will return to her role as the Manager of Community Planning. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS development of the report. ATTACHMENTS None COMMON COUNCILREPORT M&C No.2024-184 Report DateJuly 02, 2024 Meeting DateJuly 08, 2024 Service AreaGrowth and Community Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: Proposed Public Hearing Datesfor88-126 St. James Street, 3600 Westfield Road, 1277 Old Black River Road, and 9 Austin Lane AUTHORIZATION Primary AuthorCommissioner / Dept. Chief Administrative HeadOfficer Jennifer KirchnerAmy Poffenroth / Pankaj J. Brent McGovern Nalavde RECOMMENDATION RESOLVED That Common Council schedule the public hearingsforthe following: the Zoning By-law Rezoning submitted by Heather Copp (NBDTI) for 88- 126 St. James Street (PIDs: 55025332, 00002402, 00002246, 00001834, 00001842, 00001859, 00001867, 00001875, 55242192, 00001909, 00001917, 00002238, 00001560, 00001552, 00001545, 00001537, 00001529, 00001511, 00001503, 00001495, 00002386, 00002220, 00001487, 55019731; the Rezoning and Section 59 amendment Application submitted by Brunswick Engineering for 3600 Westfield Road (PIDs: 00295253 and 55063614); the Rezoning application submitted by Don-More Surveys & Engineering Ltd. for 1277 Old Black River Road (PID: 55100135); and the Rezoning Application submitted by George D. Cormier for 9 Austin Lane (part of PID: 00403972) for Tuesday, September 3, 2024 at 6:30 p.m. at the Council Chamber, City Hall nd 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 - 2 - date for this application. The next available public hearing date is Tuesday, September 3, 2024. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 \[now referred as section 59\] resolutions/agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. REPORT In response to the motion above, this report indicates the applications received and recommends appropriate public hearing dates. Details of the applications are available in the City documentation at the public hearing. Name of Location Existing Proposed Reason Applicant Zone Zone Heather 88-126 St. Urban Centre Neighbourhood To facilitate the Copp James Street Residential Community development of (NBDTI) (PIDs: (RC) and Park Facility (CFN) Kindergarten to 55025332, (P) Grade 8 School 00002402, and Community 00002246, Hub. 00001834, 00001842, 00001859, 00001867, 00001875, 55242192, 00001909, 00001917, 00002238 00001560, 00001552, 00001545, 00001537, 00001529, 00001511, 00001503, 00001495, - 3 - 00002386, 00002220, 00001487, 55019731) Brunswick 3600 Rural Mini-Home To facilitate the Engineering Westfield Settlement Park (RP) construction land Road (PID: (RS) leased mini-home 00295253 and community. 55063614) Don-More 1277 Old Black Rural Low-Rise To legalize a Surveys & River Road Residential Residential (RL) three-unit Engineering (PID: (RR) residential Ltd. 55100135) building. George D. 9 Austin Lane One-Unit Low-Rise To construct a Cormier (part of PID: Residential Residential (RL) four-unit dwelling 00403972) (R1) 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 /h…b/L\[ w9thw M&C No.2024-187 Report DateJuly 04, 2024 Meeting DateJuly 08, 2024 Service AreaPublic Works and Transportation Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: DƩĻĻƓ aǒƓźĭźƦğƌ CǒƓķ ƩĻĻ tƌğƓƷźƓŭ CǒƓķźƓŭ hƦƦƚƩƷǒƓźƷǤ AUTHORIZATION Primary AuthorCommissioner/Dept. HeadChief Administrative Officer Barb CrawfordMike Hugenholtz / Marc J. Brent McGovern Dionne RECOMMENDATION It is recommended that Common Councilendorse afunding application to the Green Municipal Fund, through the Canadian Federation of Municipalities. EXECUTIVE SUMMARY The Green Municipal (GCCC) initiative aims to bolster community tree canopies nationwide through strategic tree planting. This initiative enhances carbon sequestration, biodiversity, climate resilience, and community well-being by planting trees in suitable locations.The funding opportunity supports inclusive, ambitious, resilient, and equitable expansion of tree canopies in communities. PREVIOUS RESOLUTION N/A REPORT (GMF) (GCCC) initiative supports strategic tree planting efforts that enhance community tree canopies across Canada. By planting trees in appropriate locations, communities benefit from increased carbon sequestration, enhanced biodiversity, improved climate resilience, and overall community well-being. GCCC is a $291 million initiative that will support planting at least 1.2 million trees across Canadaby March 31, 2031. approach to nature-based climate solutions, which will achieve carbon sequestration and increase forest and community resilience to climate change. The funding opportunity supports accessible, ambitious, resilient and equitable expansion of tree canopies in communities. - 2 - Applicants are able to receive funding for more than one tree planting project. The City is eligible for a maximum award of $10 million in project funding at 50% of eligible costs. STRATEGIC ALIGNMENT The proposed recommendation aligns with Common C GREEN, BELONG & PERFORM. GREEN: ‘Ļ ǝğƌǒĻ ƷŷĻ ĻƓǝźƩƚƓƒĻƓƷ͵ The proposed projects will directly contribute to environmental sustainability and resilience. BELONG: ‘Ļ ǝğƌǒĻ ğ ǞĻƌĭƚƒźƓŭ ĭƚƒƒǒƓźƷǤ͵ Access to green spaces and tree-lined streets enhances community well- being by providing opportunities for recreation, relaxation, and social interaction. These spaces contribute to mental health and quality of life for residents, aligning with the council's commitment to fostering vibrant and healthy communities. PERFORM: ‘Ļ ǝğƌǒĻ ƷŷĻ ĬĻƭƷ ǒƭĻ ƚŅ ƚǒƩ ƩĻƭƚǒƩĭĻƭ͵ The proposed application will generate funds to support our operational program. The application aligns with the City of Saint John's 10-year Strategic Plan, Climate Change Adaptation Plan and Corporate GHG & Energy Action Plan by implementing a strategic tree planting initiative to enhance resilience against climate impacts. SERVICE AND FINANCIAL OUTCOMES The City of Saint John has an opportunity to leverage funding from the GMF funding program toward the capital costs of the proposed planting project. It is accommodated within the approved operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff from the Public Works & Transportation Services Department are working closely with staff from Infrastructure & Utilities. ATTACHMENTS bƚƓĻ COMMON COUNCILREPORT M&C No.2024-182 Report DateJuly 02, 2024 Meeting DateJuly 08, 2024 Service AreaGrowth and Community Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: Proposed Rescheduling of a Public Hearing Date 1750 Sandy Point Road AUTHORIZATION Primary AuthorCommissioner / Dept Chief Administrative HeadOfficer Jennifer KirchnerAmy Poffenroth / Pankaj J. Brent McGovern Nalavde RECOMMENDATION RESOLVED That Common Councilreschedule the public hearing for the Zoning By- lawrezoning application submitted by 667117 NB Inc. for 1750 Sandy Point Road (PID: 00050849)forTuesday,September 3, 2024,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 the necessity to reschedule the proposed public hearing for the Zoning By-law application previously received for 1750 Sandy Point Road and to recommendarescheduled public hearing date. The next available public hearing date isTuesday, September 3, 2024. PREVIOUS RESOLUTIONAND DECISION HISTORY At its meeting of May 13, 2024, Common Council scheduled a Public Hearing date of July 8, 2024,for the Zoning By-lawrezoning application submitted by 667117 NB Inc. for 1750 Sandy Point Road (PID: 00050849). 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 - 2 - place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. REPORT In response to the motion above, the applicant for the proposed rezoning of 1750 Sandy Point Road has requested the cancelation and rescheduling of the public hearing that was scheduled to occur as part of the July 8, 2024 Common Council meeting. The application was considered by the Planning Advisory Committee on June 18, 2024, and subsequent to that meeting, the applicant has prepared an amended application for consideration. The amended proposal reduces the development concept from two, 60-unit buildings to one, 80-unit building. The scope change requires the amended proposal to be reassessed by staff and presented to the Planning Advisory Committee for consideration. A new public hearing date must be scheduled, to enable the required public notification to be undertaken as per the Community Planning Act. Details of the application is available in the City documentation at the public hearing. The following application has been received for the Tuesday, September 3, 2024 Public Hearing date: Name of Location Existing Proposed Zone Reason Applicant Zone 667117 NB 1750 Sandy Two-Unit Mid-Rise To facilitate Inc. Point Road Residential (R2) Residential (RM) the (PID: construction 00050849) of an 80-unit apartment building. STRATEGIC ALIGNMENT While the holding of public hearings for proposed Zoning By-law amendments and rezoning 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. - 3 - 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 CƩƚƒʹNancy Fisher <nancy.fisher@bellaliant.net> {ĻƓƷʹ Thursday, July 4, 2024 3:40 PM ƚʹ Common Clerk <commonclerk@saintjohn.ca> {ǒĬƆĻĭƷʹ Opposition to Rezoning of 1750 Sandy Point Road You don't often get email from nancy.fisher@bellaliant.net. Learn why this is important \[ External Email Alert\] **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 the IT Service Desk.** Dear Council Members, I am writing to you today to voice my opposition to the proposed rezoning of 1750 Sandy Point Road. It was only because a neighbour reached out that I became aware of the proposal. I was very disappointed that there was no attempt by either the city or the developers to engage the community in discussion of the proposal that would so adversely affect our neighbourhood. My family has lived in this subdivision for 25 years. I am originally from Newfoundland and attended university in Halifax. My husband grew up in Millidgeville and also lived in Halifax and areas of Newfoundland while attending university. We are both very familiar with what the Atlantic Provinces have to offer. When we were first married, we decided to work in Saint John for the short term, while making a decision about where to live we never left! Much to our surprise and delight, this city and this neighbourhood was exactly where we wanted to raise our children. While looking for a house in the region, the real estate agent took us all around Rothesay and Quispamsis, but not to areas of Saint John. We discovered this area on our own, and knew immediately that this was where we would build our home. This area is a beautiful, rural setting with sweeping views of the river and the peace and quiet of the country withing the city limits. It is the type of community the city should be trying to preserve an alternative to living in the valley. I am certainly not against progress or new construction and I understand the need for housing in the city. There have been a number of new houses built in this area over the last number of years along Kennebecasis Drive as well as the new developments of Brigadoon Terrace, True North Lane and Fieldstone Estates. These builds maintained the character of the neighbourhood while increasing housing in the area. This proposal for 1750 Sandy Point Road in its current form, however, will not fit within this setting. Progress is not necessarily just building anything developers are willing to build, without considering the consequences for current taxpayers and residents. Apartment buildings that are 6 stories (essentially 7 stories because parking is on the first level) will tower over the existing roofs of houses in that area and will negatively impact the look and feel of the community. Residents will be faced with at least 4 stories looming over the trees of the neighbourhood, because of the topography. This will irrevocably change the character of the neighbourhood and not for the better. Most residents here have decided to live within city limits, but in this beautiful rural setting. There is a mix of older homes, newer builds, bungalows and larger homes. There is pride in the always have services such as early snow clearing or sidewalks cleared in winter, and it is necessary to drive to access amenities, it has been worth these inconveniences in the past. I am also very concerned that should this rezoning occur, it will set up a dangerous precedent for future development. There are other parcels of land presently for sale in the area and if this particular request is granted, there is nothing to stop similar developments, which would further degrade the character of the present community. In fact, the realtor Ron Young with Exit, who is selling the land for proposed rezoning, is also the realtor selling 15.57 acres on Westmount Drive. You should be aware that this land It is not difficult to see where this is heading. While a development of this nature would fulfill by increasing the tax base, it will negatively impact the other objectives of Green, Belong and Move. This project would require the removal of a significant number of trees and endanger the health of other nearby growth. It will change the look and dynamic of the present community. As well, it is in an area where travel will have to be by car walking and biking along this route is extremely dangerous due to the number of cars and the lack of sidewalks. I feel strongly that this proposal, while it does add to the tax base, does little to provide affordable housing which is so needed in the city. These admission of the developer, will do little to help the housing crisis. will always be able to find suitable housing. I sincerely hope that as our representatives, you will take these concerns into account when making a decision on the rezoning proposal. I am optimistic that you will see the benefit in preserving this beautiful part of the city for future generations to enjoy. Respectfully, Nancy and Bob Fisher 23 Deerwood Place Sent from Mail for Windows {ƷğŅŅ wĻĭƚƒƒĻƓķğƷźƚƓ ŅƚƩ /ƚǒƓĭźƌ wĻƭƚƌǒƷźƚƓ tƩƚƦĻƩƷǤʹ 72 Clint Drive Public Hearing: July 8, 2024 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By-Law No Amendment Recission of Yes That Common Council rescind the Section 59 conditions imposed Previous s. 39/s. on the September 10, 2007, rezoning of the property located at 72 59 Conditions Clint Drive, also identified as PID Number 55243786. Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No 1. That Common Council assent to the submitted subdivision plan, in general accordance with the submitted subdivision plan, including any required Local Government Services Easements and Municipal Drainage Easements. 2. That Common Council accept money-in-lieu of Land for Public Purposes in relation to the proposed subdivision. 3. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure the provision of the required work and facilities, including any necessary temporary turnarounds. PLANNING ADVISORY COMMITTEE June 19, 2024 HerWorship Mayor Donna Noade Reardonand Members of Common Council Your Worship and Councillors: SUBJECT:Section 59 Amendment and Subdivision Application 72 Clint Drive On May 13, 2024,Common Council referred the above matter to the Planning Advisory Committeefor a report and recommendation. The Committee considered the attached report at itsJune 18, 2024,meeting. Babatunde Balogun, the landowner,appeared before the Committee and agreed with Staff Recommendation.He responded to questions from Committee membersrelated to the project schedule,noting development is anticipated for 2025. No other persons appeared before the Committee andno letters were received regarding the application. The Committee unanimously adopted theStaff Recommendation to Common Council.The Committee also approved the street RECOMMENDATION: 1.That Common Council rescind the Section 59 conditions imposed on the September 10, 2007, rezoning of the property located at 72 Clint Drive, also identified as PID Numbers 55243521 and 55243166. 2.That Common Council assent to the submitted subdivision plan, in general accordance with the submitted subdivision plan, including any required Local Government Services Easements and Municipal Drainage Easements. 3.That Common Council accept money-in-lieu of Land for Public Purposes in relation to the proposed subdivision. 4.That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure the provision of the required work and facilities, including any necessary temporary turnarounds. Page 1of 2 Don-More Surveys and Engineering on behalf of Babatunde Balogun 72 Clint Drive June 19, 2024 Respectfully submitted, Brad Mitchell Chair Attachments Page 2 of 2 Date:June 13, 2024 To:PlanningAdvisory Committee From:Growth &Community Services Meeting:June 18, 2024 SUBJECT Applicant:Don-More Surveys and Engineering on behalf of Babatunde Balogun Landowner:Babatunde Balogun Location:72 Clint Drive PID:55243521and 55243166 Existing PlanDesignation:Stable Residential Existing Zoning:Two Unit Residential (R2) Application Type:Section 59 Amendment and Subdivision, Jurisdiction:The Community Planning Actauthorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to Section 59 recommendation at a public hearingon Monday,July 8, 2024. The Community Planning Actauthorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets. Page 1of 5 Don-More Surveys and Engineering72 Clint Drive, June 13, 2024 The Subdivision By-Law authorizes the Planning Advisory Committee to grant approval to the names of Public Streets within a subdivision. EXECUTIVE SUMMARY The applicant has applied to amend the Section 59 conditions which prohibit the construction of semi-detached dwellings on the site and to subdivide the site with a new Public Street and residential lots. Approval of the application is recommended by Community Planning as the proposed development conforms to the policy direction established in the Municipal Plan and conforms to the surrounding neighbourhood context. The recommendation also contains Common Council assents related to the subdivision. RECOMMENDATION 1. That Common Council rescind the Section 59 conditions imposed on the September 10, 2007, rezoning of the property located at 72 Clint Drive, also identified as PID Numbers 55243521 and 55243166. 2. That Common Council assent to the submitted subdivision plan, in general accordance with the submitted subdivision plan, including any required Local Government Services Easements and Municipal Drainage Easements. 3. That Common Council accept money-in-lieu of Land for Public Purposes in relation to the proposed subdivision. 4. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure the provision of the required work and facilities, including any necessary temporary turnarounds. 5. Babatunde Court DECISION HISTORY In August 2007, the Committee favourably considered a rezoning application for the subject property. That application sought to change the zoning from "RS-2" One and Two Family Suburban Residential to "R-2" One and Two Family Residential. This was approved by Common Council on September 10, 2007, on the condition that the construction of semi- detached buildings was prohibited as recommended by the PAC. Subdivision of lands immediately adjacent to the development along Clint Drive and Dolly Drive were favourably considered by the Committee and approved by Council in 2008. Page 2of 5 Don-More Surveys and Engineering72 Clint Drive, June 13, 2024 ANALYSIS Proposal The applicant is proposing to rescind the Section 59 condition to allow for the construction of semi-detached dwellings on the site. Subdivision approvals are also being sought for a cul-de- sac to serve five building lots which will be subdivided into part lots for semi-detached dwellings. Site and Neighbourhood The subject site is in the northern extent of the Lakewood Heights area in east Saint John. Lands south of the site contain single-unit dwellings. The general area north of Loch Lomond Road was developed present and is zoned Two-Unit Residential (R2). Areas north of the subject site are outside of the Primary Development Area, are undeveloped and zoned Rural (RU). Municipal Plan The site is designated Stable Residential in the Municipal Plan. Stable Residential areas are existing neighbourhoods within the Primary Development Area having the potential to accommodate additional development, at a scale and density consistent with the surrounding context. Conformity with the Stable Residential Designation Although a different building typology than the single-unit dwellings which exist in the neighbourhood, semi-detached units are similar in scale, massing, and form to single unit dwellings and of a similar density. The proposed development is considered infill development of a vacant parcel of land utilizing existing municipal services, which conforms to a key direction established in the Municipal Plan. While a density target is not provided for Stable Residential areas, these areas can contain a mix of housing types and densities from single-unit dwellings on a range of urban lot sizes along with semi-detached, row house dwellings, and apartment buildings. In this case, the surrounding residential neighbourhood incorporates a low-density housing form, and the semi-detached units will provide an additional low-density building form. The Stable Residential land use designation does not have a numeric density target, instead relying on the context of the surrounding neighbourhood. Staff note the proposed net density of 16.3 units per hectare within the proposed development is within the density target of between 20 to 45 units per hectare in Low Density Residential Intensification Areas. Given this, Community Planning is of the opinion that the density of the proposed development is reasonable for the site. Along with the density targets established in the Municipal Plan, the proposal conforms to the development vision established in the Municipal Plan through conformance with the following criteria: Page 3of 5 Don-More Surveys and Engineering72 Clint Drive, June 13, 2024 Compatibility with Existing Development The development incorporates the same zoning and comparable building form to that currently found in the existing neighbourhood. Adequacy of Servicing and Transportation Infrastructure Development and Saint John Water are reviewing Water and sanitary sewer capacity. Transit is provided through the East side FLEX service which has a stop on Willie Avenue. As the site is located within the Primary Development Area, it represents the infill of a site where services exist. Building Design - While there is a slight difference in the building typology between the proposed semi-detached dwellings and the existing single-unit dwellings, the semi- detached dwellings incorporate similar design elements. From the above summary and the analysis of conformance with the Municipal Plan Policies (Attachment 2), Staff are of the opinion that the proposed development conforms to the Municipal Plan based on the density, the proposed uses, and the building forms in the proposed development. Section 59 Amendment The subject site is subject to a condition imposed on the original rezoning that prohibitsthe development of semi-detached dwellings. As the Two-Unit Residential (R2) zoning of the site lists a semi-detached dwelling as a permitted use, Community Planning recommends this condition be rescinded. Servicing and Traffic Infrastructure Development and Saint John Water are reviewing water and sanitary sewer capacity. The development will also be subject to -Law which requires that the engineered stormwater management plan achieve a zero net increase from the site (i.e., limits post-development discharge to the existing pre-development discharge). Subdivision A subdivision of the site is proposed which will result in the construction of a cul-de-sac at the current terminus of Dolly Drive to serve the proposed lots. The Tentative Plan of Subdivision meets the standards of the Subdivision By-Law. Community Planning recommends that Council assent to the Public Street and all necessary Local Government Service Easements to provide for servicing of the site. Land for Public Purposes Should additional parkland dedication be required for this development, Staff recommend that Common Council exercise its discretion and accept money in-lieu of Land for Public Purposes. This is consistent with the direction established by the Subdivision By-Law, for the proposed subdivision. Page 4of 5 Don-More Surveys and Engineering72 Clint Drive, June 13, 2024 New Public Street A new Public Street is proposed to access the lots. Infrastructure Development notes the roadway and underground infrastructure will need to be built in accordance with the requirements of the City of Saint John General Specifications. The proposed street name, Babatunde Court, Service Area and has been deemed acceptable and reserved for the development. This street name is recommended for approval by the Committee. Conclusion Approval of the application is recommended as it confirms to the Municipal Plan, Zoning, and Subdivision By-Laws and conforms with the surrounding neighbourhood context. Staff recommend rescinding the Section 59 condition prohibiting semi-detached dwellings. The proposed subdivision is supported by Community Planning. Council assents related to money- in-lieu of Lands for Public Purposes, Local Government Services Easements, and vesting of the new Public Street are also recommended. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives are proposed. ENGAGEMENT Public In accordof Procedure, notification of the application wassent to landowners within 100 metres of the subject property on June 3, 2024. On Notice of the Public Hearing for the Section 59 amendment will be posted on the City of Saint John website on of before June 17, 2024. APPROVALS AND CONTACT Author Manager Director Mark Reade, P.Eng., MCIP, RPP Jennifer Kirchner, MCIP, RPP Pankaj Nalavde, MCIP, RPP Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark.Reade@saintjohn.ca Application: 24-0087 & 24-0088 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: Tentative Plan of Subdivision Page 5of 5 ͵ /ƌźƓƷ 5źǝĻ ǞĻƭƷ ƚŅ ƭźƷĻ Ͳ ЋЉЋЍ /źƷǤ ƚŅ {ğźƓƷ WƚŷƓWǒƓĻ ЊЋ ĻǣźƭƷźƓŭ ķĻǝĻƌƚƦƒĻƓƷ ğƌƚƓŭ ƚŅ źĻǞ ğķƆğĭĻƓƷ ķǞĻƌƌźƓŭ Ʒƚ 5ƩźǝĻ͵ АЋ /ƌźƓƷ 5ƩźǝĻ 5ƚƌƌǤ 5ƚƌƌǤ 5ƩźǝĻ ğƓķ ƭźƷĻ ŅƩƚƒ aƚƩĻ {ǒƩǝĻǤƭ ğƓķ 9ƓŭźƓĻĻƩźƓŭ ƚƓ ĬĻŷğƌŅ ƚŅ .ğĬğƷǒƓķĻ .ğƌƚŭǒƓ ͵ Ώ źĻǞ ƚŅ źĻǞ ƚŅ ƭźƷĻ ŅƩƚƒ ǞĻƭƷ{źƷĻ tŷƚƷƚŭƩğƦŷǤ5ƚƓ t Density the surrounding provides for a 86 - edium to High nature and density form of - the following density denser than roadway corridor where scale and can incorporate the for Low Density Intensification envisioned in the Municipal Plan units which represents a net residential 10 slightly rimary Development Area, i collector . P a In addition, Policy LU albeit per hectare comparable a 45 units per hectare in M f reas. o a , is . 90 units per hectare in Low to Medium of the neighbourhood. and development, development is considered a low Water and sanitary sewer capacity exists to site will accommodate 20 and 45 units units/hectare. . is within the range of densities unit dwellings - it 16.4 minimum density of Density Residential area. detached dwellings reinforce the proposed hectareetween 35 - reas - - Between aBResidential areasA Density Residential The singlesame building design elements.The proposed residential development which aligns with the existing neighbourhood.As the site is located within the represents infill of a site along services exist.accommodate the development 0.61 a.b.c. Assessment The density of As a basis for comparison, the Municipal Plan sets targets: Community Planning is of the opinion the proposed density is acceptable given that for a Lowvariety of housing forms and densities within the Stable Residential designation.The semicommunity character both permitted 72 Clint Drive - form perspective but that - requirements: Policy parks, and community facilities which are 86 8788 --- urhood. 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, a.b.c. Municipal Plan Policy LU Create the Stable Residential designation on the Future Land Use map (Schedule B). Within the Stable Residential designation, housing of almost every form and density may be found and the existing neighbourhood context and 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,in the designation without amendment to the Municipal Plan.Policy LU Intend that the areas designated Stable Residential will evolve over time from a land use and builtnew and redeveloped land uses are to reinforce the predominant community character and make a positive contribution to the neighbo Policy LU Ensure that significant new development and redevelopment in areas designated Stable Residential shall generally be permitted only through a rezoning process where compliance is demonstrated with the following Attachment 2: Municipal Plan Policy Review . providing landscaping to for development aligned with the in Intensification Areas identified in topography and lot plan provides are expected to be of a similar design to the existing The s. law. - scale of the proposed development (10 units) is not exteriors 9 provides broad design policy for all parts of the City; such as - small uilding he The proposed Public Street must conform to City requirementsStormwater management will be required in accordance with the Drainage ByBneighbourhood.Tanticipated to impact growth levels the Municipal Plan. d.e.f. Policy UDincorporating natural features and buffer adjacent siteneighbourhood context. 10; - new 72 Clint Drive - form of - as. exterior building design is provided that is Stable Areas, as identified on the City In Structure map (Schedule A), new development will be designed to respect and reinforce the physical character of the established neighbourhood, as set out in Policy UD quality - 9 - That new development respect and reinforce the existing and planned context in which it is located through appropriate setbacks, landscaping, buildings entrances, building massing, architectural style and building materials. Specifically, the builtdevelopment shall be designed to achieve the following objectives for specific areas of the City: i.Locating building entrances facing the public street; Designing sites to incorporate existing natural features and topography; high schools, public transit and other community facilities and protective services can readily and adequately be provided;Site design features that address such matters as safe access, buffering and landscaping, site grading and stormwater management are incorporated;A consistent with the Urban Design Principles in the Municipal Plan; andThe proposal is on a property identified as a Corridor on the City Structure map (Schedule A) or does not detract residential development to the Primary Centres, Local Centres, and Intensification Are a.b.c. d.e.f. Policy UD Ensure all development proposals generally conform to the following General Urban Design Principles: Attachment 2: Municipal Plan Policy Review use - - site - 72 Clint Drive - rise buildings to appropriate areas and - oriented uses and a high level of transparency - Utilizing reused, recycled, renewable or local building materials where possible;Using green building or neighbourhood standards;Designing for energy efficiency and alternative sources of energy;Designing for water conservation and onstormwater management;Promoting the conservation and adaptive reof existing buildings and designing sites to retain mature trees;Designing sites and buildings to work with, rather than against, the natural environment by Designing for visual interest by incorporating well Designing sites to protect, create and/or enhance important view corridors to the water or landmark sites or buildings;Incorporating innovations in built form, aesthetics and building function to encourage high quality contemporary design that will form the next generation of heritage;Where appropriate and desirable, encouraging active pedestrianat grade to reinforce and help animate the public realm;Designing sites, buildings and adjacent public spaces as complete concepts with integrated functions;Using quality, durable building materials and a consistent level of design and detail for all elements of the building; articulated building façades, landscaping, local history, public art and/or culture into sites and buildings;Directing highensuring their design is sensitive to the neighbourhood and/or heritage context;Encouraging sustainability in design by:i.ii.iii.iv.v.vi. d.e.f.g.h.i.j.k. Attachment 2: Municipal Plan Policy Review unit - and massing. , with the neighbourhood.those used in the surrounding like relate to the surrounding single align Unit Residential (R2) as is the surrounding - are of a comparable height, scale and pattern s materials would be detached dwellings - lot size site is zoned Two The Semidwellings and neighbourhood which provides for similar setbacks. The neighbourhood. Building f. &d. & a.& b. c. eg. free, - haracter c 72 Clint Drive - properties and the public realm. designing according to the topography, hydrology, ecology and natural drainage patterns of the site and taking advantage of passive solar gain and natural light; andUsing native vegetation for landscaping where appropriate. size and configuration of lots; 10 - vii.Designing sites and buildings according to the Crime Prevention through Environment Design (CPTED) principles to promote safety and security, in balance with other urban design goals; andLocating and screening parking and loading facilities so they are generally not visible from the street, particularly in Centres and Neighbourhood Intensification Areas;Limit surface parking between the front of a building and the public street or sidewalk;Design safe and direct access to buildings for pedestrians, cyclists and transit users by providing walkways from the public street, transit stops, and parkingDesign sites and building accesses that are barrierconvenient and have clear signage; andGenerally locating surface parking, outdoor storage, loading and other service areas at the rear or side of the property and buffering or screening these functions from adjacent The local pattern of lots, streets and blocks;TheNearby building types;The height, scale and massing of nearby buildings;The setback of buildings from the street; l.m.n.o.p.q. a.b.c.d.e. Policy UD Ensure that new development and redevelopment in Stable Areas is designed to respect and reinforce the physical and uses of the surrounding neighbourhood, having regard for: Attachment 2: Municipal Plan Policy Review No Section 59 conditions are warranted. - 72 Clint Drive - contribute to the successful 8; - Financial inability of the City to absorb costs related to development and ensure efficient delivery of services, as determined through Policy I7 and 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 impacts to designated heritage buildings or areas. transit access to and from the site; proposed building; 2 i. Type of use;ii. Height, bulk or appearance and lot coverage of any iii. Traffic generation, vehicular, pedestrian, bicycle or iv. Parking; integration of the development into its context - The pattern of rear and side yard setbacks;Building materials which The proposal is in conformity with the goals, policies and The 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: i.ii.iii.iv.v. f.g. a.b.c. In considering amendments to the Zoning Bylaw or the Policy I 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:intent of the Municipal Plan and the requirements of all City bylaws; Attachment 2: Municipal Plan Policy Review 5 - 72 Clint Drive - v. Open storage; vi. Signs; andvii. Any other relevant matter of urban planning. 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; The proposal satisfies the terms and conditions of Policy Irelated to timeframes and phasing of development; and d.e. The proposal meets all necessary public health and safety considerations. Attachment 2: Municipal Plan Policy Review public notice posted on the 4 letters sent to property owners 2 T 4 0 2 2 N , 0 E 3 2 , M 1 3 E e e G n n u A u J G J within 100 metres of the subject property. N On E On C A P T N E M G E N G I Agreement with recommendation A T E G No letters received regarding applicationApplicant appeared before PAC E N EM N O I T A D C N E A P M / M F O F C A Rescind Section 59 conditionGrant subdivision assents and authorizations E T SR Subdivision Application GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN CIVIC ADDRESSAPPLICATION #FEE PAID Y N DmjouEsjwf-MblfxppeIfjhiut TYPE OF APPLICATION InstrumentT2 Subdivision T1Subdivision 5 Documentrequiring Development Subdivisioninvolving the construction Lotboundaryadjustment,consolidation, Officer endorsementfor registrationofa street new lotan existing street Fee:$0 Fee: $0plus$0 pernewlot Fee:$00 plus$10 per new lot DETAILED DESCRIPTION OFAPPLICATION Attachtheinstrumentortentative subdivision planany additional documentationto fully describe the subdivision plans must adhere tothe requirementsof theCommunity Planning Actof NewBrunswick. In the Subdivision, the submission of apreliminaryproposalandaPre-Application Meeting with City staff is encouraged approval.Please contact theOneStop Development Shopat (506) 658-2911for furtherinformation. Dsfbuf6ofxsftjefoujbmmputgpstfnj.efubdifeexfmmjoht/ UpdsfbufbQvcmjdTusffu-cfjohCbmphvotDpvsu/ Updsfbufb6nfusfxjefQvcmjdVujmjuzFbtfnfou/ ENCUMBRANCES Describe any easements, restrictive covenants, andother encumbrances affecting the land. FyjtujohqvcmjdvujmjuzfbtfnfoupoQJE66354277/ AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the landdescribed in this applicationor the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to representthis matter and to provide any additionalinformation that will be necessary for this application. Registered Owner or Authorized AgentAdditional Registered Owner Nbsdi38-3135 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. SubdivisionApplication Form2 ProposedSection 59Amendement RE: 72 Clint Drive Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, July 8, 2024, at 6:30 p.m., by: Amending the Section 59 conditions imposed on the September 10, 2007, rezoning of the property located at 72 Clint Drive, also identified as PIDs 55243521 and 55243166, to permit a revised proposal. REASON FOR CHANGE: To permit a development including semi-detached dwellings. 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 Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 Objet : 72 promenade Clint Par les présentes, un avis public est donné que le conseil municipal de la ville de Saint John a l'intention d'envisager de modifier zonage de la ville de Saint John lors de sa réunion ordinaire qui se tiendra dans la salle du conseil le lundi 8 juillet 2024, à 18h30, par : Modifier des conditions imposées en vertu de l'article 59, le 10 septembre 2007 relativement au rezonage de la propriété située au 72, promenade Clint, et portant des NIDs 55243521 and 55243166, pour permettre une proposition révisée. RAISON DE LA MODIFICATION: Permettre un développement comprenant des habitations jumelées. Pour plus de détails sur la façon d'inspecter la modification ou pour vous inscrire pour participer, veuillez contacter le Bureau du greffier commun à CommonClerk@saintjohn.ca. Les objections écrites à la modification peuvent être fournies par écrit et/ou verbalement lors de l'audience publique qui sera tenue par le conseil municipal. Pour vous inscrire à l'audience, veuillez contacter le bureau du greffier municipal à l'avance à commonclerk@saintjohn.ca 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 CƩƚƒʹgary fillmore <gary.fillmore@gmail.com> {ĻƓƷʹ Monday, July 1, 2024 8:07 AM ƚʹ Common Clerk <commonclerk@saintjohn.ca> {ǒĬƆĻĭƷʹ 72 Clint Drive \[ External Email Alert\] **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 the IT Service Desk.** 434 Summit Drive Saint John, NB E2J3Y8 July 1, 2024 Mayor and Council City of Saint John Re: 72 Clint Drive Proposed Amendment Please be advised, I have no issue with the construction of semi-detached structures at 72 Clint Drive, but, I strongly object to any blasting of rock on the property during construction, regardless of the type of structure erected. The area adjacent to the proposed construction, which was previously cleared of trees, contains an abundance of rock that in my opinion is unsuitable for building. After a cursory look at the proposed construction area at 72 Clint Drive, it appears there may also be significant areas of rock that could impact construction. I live at 434 Summit Drive and when the Dolly Drive subdivision was constructed, there was considerable blasting that occurred. The shockwaves significantly shook my house and caused additional cracks in my foundation. Obviously there was a loadpath for the blast waves to travel directly from Clint Drive to Summit Drive. But, because I was caught off guard, and had not surveyed and documented pre existing cracks in my house foundation using a concrete crack comparator, I therefore had no pre blast data to pursue legal action. I have watched several internet videos on rock blasting in close proximity to residential houses, and I acknowledge it is possible with the right expertise, procedure and equipment, to safely blast rock. However, given the number of houses now in the area, rock blasting would not be without risk, particularly when there is an existing loadpath for shock waves to travel from Clint Drive to Summit Drive. Issuing a building permit without excluding rock blasting will not absolve the City for any liability should any issues arise, in my opinion. Whether semi-detached housing, or any other housing is approved for 72 Clint Drive, I request the City of Saint John to inform the undersigned of the decision made regarding any rock blasting for the property at 72 Clint Drive. Sufficient time must be provided to allow for all residents in the area to have their foundations surveyed using a concrete crack comparator should blasting be permitted. Regards, Gary Fillmore, P.Eng (retired) Staff Recommendation for Council Resolution Property: 910 Fairville Boulevard stnd Public Hearing, 1 and 2 Reading: July 8, 2024 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 12,242 square metres, located at 910 Fairville Boulevard, also identified PID 00402446, from Regional Commercial (CR) to Regional Commercial Residential (CR-R). rd 3 Reading: Tentative date July 22, 2024 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By-Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning By-law which rezones a parcel of land having an area of approximately 12,242 square metres, located at 910 Fairville Boulevard, also identified PID 00402446, from Regional Commercial (CR) to Regional Commercial Residential (CR-R). 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 condition on the parcel of land having an area of approximately 12,242 square metres, located at 910 Fairville Boulevard, also identified as PID Number 00402446: a. The development must incorporate a sidewalk and appropriate pedestrian access between the adjacent sidewalk on Fairville Boulevard and the building entrances within the proposed development. This pedestrian access is to be detailed on the site plans submitted with the Building Permit application and is subject to the approval of the Development Officer. Section 59 No Agreement Section 131 No Agreement Other Yes 1. That Common Council assent to the Tentative Plan of Subdivision for the proposed development with respect to any required Local Government Services Easements and Municipal Drainage Easements to be determined during detailed design for the proposed subdivision. 2. That Common Council assent to money in lieu of Land for Public Purposes. PLANNING ADVISORY COMMITTEE June19, 2024 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT:Proposed Rezoningand Subdivision 910 Fairville Boulevard On May 13, 2023, CommonCouncil referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June18, 2024meeting. Yeva Mattson, Plannerwith Growth and Community Services, appeared before the Committee and provided an overview of the proposed Rezoning. Shabahat Shakeel, the proponent, and Anna Lorberer, the architect, appeared to speak in favor of the application and agreed with staff recommendation.They further explainedtheproject would be 50% affordable units with the two commercial units on the ground floor. When questioned by the Committeeregarding timeline for the project,Shabahat Shakeel explained they would like to begin the project this year. No other members of the public appeared before the committee to speak in favour or opposition and no letters were received regarding the application. The Committee recommended approval with a small change to the PAC Variance allowing for ground floor residential. The variance was granted conditional to council assent of the rezoning application and was amended to limit theground floor residential to the portions of the building not fronting onto Fairville Boulevard. Page 1of 2 Shabahat Shakeel 910 Fairville Boulevard June 19, 2024 RECOMMENDATION: 1. That Common Council rezone a portion of a parcel of land having an area of approximately 12,242 square metres, located at 910 Fairville Boulevard, also identified as PID Number 00402446, from Regional Commercial (CR) to Regional Commercial Residential (CR-R). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following condition on the parcel of land having an area of approximately 12,242 square metres, located at 910 Fairville Boulevard, also identified as PID Number 00402446: a. The development must incorporate a sidewalk and appropriate pedestrian access between the adjacent sidewalk on Fairville Boulevard and the building entrances within the proposed development. This pedestrian access is to be detailed on the site plans submitted with the Building Permit application and is subject to the approval of the Development Officer. 3. That the Planning Advisory Committee grant a variance from the requirements of the Zoning By-Law to permit dwelling units below the second storey of the proposed building, to be located within the portion of building not fronting onto Fairville Boulevard. The variance is conditional on Common Council approving the rezoning and will only come into effect should Common Council give Third Reading to the proposed rezoning. 4. That Common Council assent to the Tentative Plan of Subdivision for the proposed development with respect to any required Local Government Services Easements and Municipal Drainage Easements to be determined during detailed design for the proposed subdivision. 5. That Common Council assent to money in lieu of Land for Public Purposes. Respectfully submitted, Brad Mitchel Chair Attachments Page 2 of 2 Date: June 13, 2024 To: PlanningAdvisory Committee From: Growth & Community Services Meeting: June18, 2024 SUBJECT Applicant: Shabahat Shakeel Landowner: Islamic Society of New Brunswick Location: 910 Fairville Boulevard PID: 00402446 PlanDesignation: Regional Retail Centre Existing Zoning: Regional Commercial (CR) Proposed Zoning: Regional Commercial Residential (CR-R) Application Type: Rezoning and Subdivision 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, July 8, 2024. EXECUTIVE SUMMARY The applicant is proposing to rezone 910 Fairville Boulevard from Regional Commercial (CR) to Regional Commercial Residential (CR-R) to allow for the construction ofmixed-usebuilding which would include twoground floor commercial units as well as approximately 60 residential units. The applicant is proposing that 50% of the residential units would be affordable. Page 1 of 7 Shabahat Shakeel 910 Fairville Boulevard June 13, 2024 The proposal also includes an application tosubdivide the site into two lots which will place the existing mosque and the proposed building on separate properties. The attached plans show the location and extent of the proposed development. The proposal aligns with the policy direction of the Municipal Plan. Staff recommend approval of the rezoning as well as approval of the subdivision. RECOMMENDATION 1. That Common Council rezone a portion of a parcel of land having an area of approximately 12,242 square metres, located at 910 Fairville Boulevard, also identified as PID Number 00402446, from Regional Commercial (CR) to Regional Commercial Residential (CR-R). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following condition on the parcel of land having an area of approximately 12,242 square metres, located at 910 Fairville Boulevard, also identified as PID Number 00402446: a. The development must incorporate a sidewalk and appropriate pedestrian access between the adjacent sidewalk on Fairville Boulevard and the building entrances within the proposed development. This pedestrian access is to be detailed on the site plans submitted with the Building Permit application and is subject to the approval of the Development Officer. 3. That the Planning Advisory Committee grant a variance from the requirements of the Zoning By-Law to permit dwelling units below the second storey of the proposed building. The variance is conditional on Common Council approving the rezoning and will only come into effect should Common Council give Third Reading to the proposed rezoning. 4. That Common Council assent to the Tentative Plan of Subdivision for the proposed development with respect to any required Local Government Services Easements and Municipal Drainage Easements to be determined during detailed design for the proposed subdivision. 5. That Common Council assent to money in lieu of Land for Public Purposes. DECISION HISTORY There is no decision history on this site. ANALYSIS Proposal The applicant is proposing to subdivide and construct a mixed-use building at 910 Fairville Boulevard including commercial spaces and 60 residential units. The applicant intends for half of the units to be affordable. Page 2 of 7 Shabahat Shakeel 910 Fairville BoulevardJune13, 2024 Site and Neighbourhood The site is zoned Regional Commercial (CR) and is along the north side of Fairville Boulevard, an arterial street. Lands to the east of the site along both sides of Fairville Boulevard have CR zoning and contain larger scale retail uses including Sobeys, Canadian Tire, and multi-tenant commercial developments. Lands to the west along Fairville Boulevard are zoned General Commercial (CG) and contain a mix of commercial uses including accommodations, retail uses, and a light equipment rental establishment. The neighbourhood along Fairville Boulevard is transitioning from light industrial land uses to retail and other commercial land uses, which includes the successful Aquarius rezoning in 2022 for a similar style mixed use development. This transition is expected to continue. Lands to the north of the site along the south side of Manawagonish Road are zoned Two-Unit Residential (R2) and contain lower density residential land uses. These lands along Manawagonish Road are on an elevated plateau compared to the Fairville Boulevard area. The subject site is served by the City’s public and active transportation networks. The site is served by the City’s new Flex bus service where riders use an app or call to schedule a ride with no fixed stops. In addition, the property is located on the north side of Fairville Boulevard, which features a sidewalk that links the property to the City’s broader pedestrian network. Municipal Plan and Rezoning Municipal Plan The property is designated as Regional Retail Centre. Fairville Boulevard, along with the McAllister Drive and Westmorland Road area are the two areas designated as Regional Retail Centres in the Municipal Plan. The Fairville Boulevard area is envisioned as a secondary, more community-based Regional Retail Centre containing less intensive commercial retail and service-based uses intended to primarily serve residents west of the St. John River. Amendments to the City’s Municipal Plan in 2019 provided for residential development within Regional Retail Centres through a rezoning. 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 given the following: The Commercial and higher-density residential land uses conform to the Municipal Plan policy. The site design provides landscaping along the frontage of the site and adjacent to neighbouring properties to the east and west. The site is served by the Flex transit system. Providing greater housing choice and affordability across the City. Fostering complete communities at densities which support public transportation and active transportation and a range of services, employment, leisure and recreational choices to provide people with greater opportunities to live, work, play and learn in their neighbourhoods. Page 3 of 7 Shabahat Shakeel 910 Fairville BoulevardJune13, 2024 From the analysis of conformance 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 density, the proposed uses, and the building form. Rezoning The applicant is seeking a rezoning to Regional Commercial Residential (CR-R) zone. The proposed zone, while permitting multiple unit residential development, has the same zone standards as the Regional Commercial (CR) zone except for a maximum height of 24 metres and no minimum floor area requirement. The proposed zone also includes design standards requiring the buildings to have a prominent entrance facing a Public Street or internal access and limiting dwelling units to the upper floors of buildings. The front of the building will be six stories in height, with five stories provided in the back of the building due to topography. The maximum height of the buildings will meet the 24-metre maximum height of the CR-R zone. The Zoning By-Law also has a prescriptive requirement for the number of trees and shrubs to be planted in the front yard for commercially zoned lots such as the proposed site. The new landscaping will not only enhance the site, but it will elevate the streetscape of this portion of Fairville Boulevard. PAC Variance The provision of residential floor space on a portion of the ground floor of the building requires a variance from the standards of the CR-R zone. The intent of this by-law requirement is to promote a mixed-use development through providing active or non-residential ground floor uses. In this case, the applicant is proposing commercial space in the portion of the building that is closest to Fairville Boulevard, which the remaining portions of the ground floor would be used for residential purposes. Staff are of the opinion the variance is reasonable given the configuration of the site and layout of the proposed development as well as the ability to still provide active ground floor uses within the street-facing portion of the building. Given this, Staff recommend the Committee approve a variance to allow for ground floor residential uses in a portion of the building. Development Officer Variances Parking is provided in the eastern portion of the site. Based on the applicants’ proposal which includes 30 affordable units, a total of 45 parking spaces would be required. Although only 35 spaces are provided for the development, the applicant also owns the adjacent mosque site and has indicated that their is the possibility of using this site for any additional parking that might be required by residents. In addition, the proposal also outlines 18 bicycle parking spaces which promotes active transportation. As noted, the site is well located within close proximity to services and shopping options, which enables residents to benefit from the active transportation options available to them. In addition, the site is served by the City’s transit system, which will provide residents with the choice to use transit for the transportation needs. The parking variance will be reviewed by the Development Officer in advance of the submission of a building permit. Page 4 of 7 Shabahat Shakeel 910 Fairville BoulevardJune13, 2024 The proposal also requires a variance to reduce the frontage of the new lotfrom 60 metres to 58 metres. This variance will be processed through the Development Officer variance procedure. Staff note the Zoning By-Law has a prescriptive requirement detailing the number of trees and shrubs to be planted in the front yard for commercially zoned lots such as the proposed site. Section 59 Conditions A Section 59 condition is also recommended to require the construction of a sidewalk and appropriate pedestrian access between the adjacent sidewalk on Fairville Boulevard and the building entrance within the proposed development. This is a key direction of the City’s Municipal Plan and is especially important given the proximity of the site to a major retail area and to encourage the use of active transportation and the transit system. Affordable Housing The applicant has acknowledged the need for affordable units within the City and has indicated they are planning on making 50% of the units affordable. This will provide for additional housing options for residents and will increase the housing diversity within the broader neighbourhood. Infrastructure and Protective Services The proposed development has been reviewed by the City’s Infrastructure Development Service Area and Saint John Water with respect to water and sanitary sewer servicing and stormwater management. Consistent with By-Law requirements, a site servicing plan, completed by a Professional Engineer, is required at or prior to the building permit submission detailing the water and sanitary sewer servicing for the site. A storm water management plan is also a requirement detailing the plan achieve a zero net increase on the site. The developer is responsible for costs related to any off-site infrastructure improvements required to service this proposal. The developer’s consultant is required to submit the following information for City approval as part of the building permit approval process: An engineering water and sewer analysis to allow for the City to determine the impact this development will have on the existing municipal water and sewer infrastructure. Detailed storm water management plan and design report indicating how storm water will be managed for full build-out of the development. In accordance with the City’s Storm Drainage Design Criteria Manual and the Drainage By-law, the stormwater design on site will need to achieve a net zero impact. The applicant/owner will also be responsible for obtaining all necessary municipal permits including those for any work within existing Public Street rights-of-way or connections to existing water, sanitary sewer or storm sewer infrastructure. Fire and Emergency Management Services is supportive of the overall concept and note the development must meet or exceed all requirements of the 2015 National Building and Fire Page 5 of 7 Shabahat Shakeel 910 Fairville Boulevard June 13, 2024 Codes. Fire safety plans will be required for the construction and occupancy stages of the project and the building design is subject to review and approval by the Provincial Office of the Fire Marshall as required by the provincial Fire Prevention Act. Subdivision A subdivision of the site is proposed which will result in the creation of two separate lots for the existing mosque and the proposed mixed-use building. It is recommended that Council assent to any necessary Local Government Service Easements and Municipal Drainage Easements should such easements be required for municipal piped infrastructure or surface drainage as identified through the detailed design process. Consistent with the direction established by the Subdivision By-Law, Staff recommend that Common Council exercise its discretion and accept money-in-lieu of Land for Public Purposes. Conclusion The applicant has proposed a mixed-use development of a site along Fairville Boulevard within a major commercial district. The proposed development can be supported subject to conditions including the development of pedestrian access. Approval of the required variance to provide for ground floor residential uses are recommended. In addition, staff recommend that council assent to all required subdivision approvals. ALTERNATIVES AND OTHER CONSIDERATIONS No other 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 June 3, 2025. Notice of the rezoning will be posted on the City of Saint John website on June 10, 2023. APPROVALS AND CONTACT ManagerDirectorCommissioner Jennifer Kirchner, RPP, Pankaj Nalavde, RPP, Amy Poffenroth, PEng MBA MCIP MCIP Contact: Yeva Mattson Telephone: (506) 721-8453 Email: yeva.mattson@saintjohn.ca Application: 24-0084 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Page 6 of 7 Shabahat Shakeel 910 Fairville BoulevardJune13, 2024 Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Submission 1: Site Plan Page 7 of 7 Attachment 1: Site Photography Subject Site looking North from Fairville Blvd – New development would be to the left of the existing mosque Looking West at entrance to existing mosque site – proposed development and access would be behind telephone pole Looking East from existing site access down Fariville Blvd and two retail sh Road. i ed pedestrian access to the . m A Section 59 condition is syste residential units 60 transit use development incorporating residential - façade materials. of . The proposal will incorporate spaces and commercial uses.The design of the buildings will incorporate horizontal and vertical relief and a varying Fairville Boulevard sidewalk into the development. necessary to support the development. recommended to require a defined pedestrian connection from thehe site is serviced by the Flex No infrastructure improvements have been identified as being The site fronts onto Fairville Boulevard, an arterial street.TNo deficiencies with respect to municipal infrastructure have been identified.The site is surrounded by retail and light industrial development to the south, east and west. An area of residential development is located to the north on a plateau adjacent to ManawagonThe site plan submitted with the application has parking located on the eastern side of the site with a landscaped buffer along the frontage of the site and along the east and west sides of the site. A Section 59 condition is recommended to require dedicatsite to promote active transportation between the site and other areas, such as retail uses, along the Fairville Boulevard corridor. c.f.a.b.c.d.e. a/b The proposal is for a mixed 910 Fairville Blvd d/e The site is located on a transit route. oriented - density residential or mixed use - Municipal Plan Policy Review appropriate and strengthen the role of the City’s Primary Centres; 61 61.1 -- Ensure the specific land uses established in the Regional Retail Centre are Strongly discourage new major professional offices and to locate;Encourage quality urban design and where possible, more intense land use and development;Require development applicants to demonstrate consideration of transit and pedestrian connectivity to the street and between retail locations;Ensure development contributes to a more pedestrianatmosphere by minimizing surface parking lots, encouraging shared parking, increasing landscaping and improving sidewalks and streetscaping; andEnsure infrastructure improvements made necessary by a development are generally the financial responsibility of the developer. The property is located in close proximity to a public transit route and is easily accessible by a range of transportation modes;The development is in a location where all necessary water and wastewater services, parks and recreation services, schools, public transit and other community facilities and protective services can readily and adequately be provided;The proposal is compatible with surrounding land uses;incorporated; The property is located on a collector or arterial street as illustrated on the Transportation map (Schedule C) of the Municipal Plan or on an appropriate site supported by the findings of a traffic impact study; Site design features that address such matters as safe access, buffering and landscaping, site grading and stormwater management are a.b.c.d.e.f. a.b.c.d.e. Municipal Plan PolicyPolicy LU When considering development in the Regional Retail Centres:Policy LU Consider proposals to establish higherdevelopment in the Regional Retail Centre designation through a rezoning process. Proposals must demonstrate conformance with the following requirements: Attachment 2: building the and the r s Fairville the site different entrance fo The bylaw require balconies, and serves to create visual breaks and which provided along the Fairville Boulevard features street facing articulation and varied materials on the s to be colours, The residential portion of the building is served by human scale to the building. . provides additional housing options for the West side of the more three key a e site plan shows landscaping between the eastern and western abutting properties proposed development . provid ppropriate landscaping commercial spaceinternally facing entrances. The proposed building hafaçades which assists in reducing the massing and apparent scale of the building.The proposal provides greater housing choice and affordability across the City and CityThe design of the building will incorporate horizontal and vertical relief and varying façade materials. The proposed site plan has the commercial use placed near Boulevard which complies with the policy.afrontage of the site.The proposed building will incorporate materials in to f.g. b. h.m/n/q Surface parking is provided in the eastern area of c. b. The e loading and other placement of buildings along the frontage of lots facing 9 15 -- A high quality exterior building design is provided that is consistent with the Urban Design Principles in the Municipal Plan; andNeighbourhood Intensification Areas; screening these functions from adjacent properties and the public realm. The proposal does not detract from the City’s intention to direct the majority of new residential development to the Primary Centres, Local Centres, and Intensification Areas.Locating and screening parking and loading facilities so they are generally not visible from the street, particularly in Centres and Limit surface parking between the front of a building andthe public street or sidewalk; service areas at the rear or side of the property and buffering or Maximize the public streets and provide appropriate landscaping; andDesigning buildings, streetscapes, and lighting at a human scal level of design and detail for all elements of the building; f.g. Policy UD Ensure all development proposals generally conform to the following General Urban Design Principles: b. Locating building entrances facing the public street; h. Using quality, durable building materials and a consistent m.q. Generally locating surface parking, outdoor storage,Policy UD Ensure new development and significant redevelopment in Employment Areas is designed to:b. n.c. mjfv!pg!MQQ . jo n . o i s i v i d b u S d n a s e c n a i r a V Wbsjbodf!gps!hspvoe!gmpps!sftjefoujbmEP!Wbsjbodft!gps!Mpu!Gspoubhf!Tvcejwjtjpo!bttfout!sfrvjsfe!gps!boz!fbtfnfout!boe!npofz T N E M pg!uif!tvckfdu!qspqfsuz!po!Kvof!4-!3135/ E G A N E Mfuufst!xfsf!tfou!up!mboepxofst!xjuijo!211!nfusftQvcmjd!Opujdf!xbt!qptufe!po!Kvof!24-!3135 N O I S* T . C A A D P N E D M N A M F O F C A E T SR Sf{pof!up!Sfhjpobm!Dpnnfsdjbm!Sftjefoujbm!)DSWbsjbodf!gps!sftjefoujbm!po!hspvoe!gmppsTvcejwjtjpo!bqqspwbmt! General Application Form GROWTH & COMMUNITY SERVICES onestop@saintjohn.ca Phone: 658-2911 Fax: 632-6199 CITY OF SAINT JOHN LOCATIONCIVIC ADDRESS ::21GbjswjmmfCpvmfwbse-TbjouKpio-OC-F3N6U6 PID # : 11513557 HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N APPLICATION #:DATE RECEIVED: RECEIVED BY: APPLICANTEMAILPHONE TibcbibuTiblffm<tibcbibu9:Ahnbjm/dpn<)617*765.2617 MAILING ADDRESS POSTAL CODE 42TbjouQfufstDsu/-TbjouKpio-OCF3L6O5 CONTRACTOR EMAILPHONE U/C/E/U/C/E/U/C/D/ MAILING ADDRESS POSTAL CODE OWNEREMAILPHONE JtmbnjdTpdjfuzpgOfxCsvotxjdl<tibcbibu9:Ahnbjm/dpn<)617*765.2617 MAILING ADDRESS POSTAL CODE 42TbjouQfufstDsu-TbjouKpio-OCF3L6O5 Qmbdfpgxpstijq0dpnnvojuzdfoufsboenvmujgbnjmzsftjefoujbm PRESENT USE:PROPOSED USE: Qmbdfpgxpstijqboedpnnvojuzdfoufs BUILDINGPLANNINGINFRASTRUCTUREHERITAGE INTERIOR RENOVATIONNEW CONSTRUCTIONVARIANCESTREET EXCAVATIONHERITAGE DEVELOPMENT 5 EXTERIOR RENOVATIONACCESSORY BLDGPLANNING LETTERHERITAGE SIGN DRIVEWAY CULVERT ADDITIONPOOLPAC APPLICATIONHERITAGE INFILL DRAINAGE DECKDEMOLITIONCOUNCIL APPWATER & SEWERAGEHERITAGE DEMO 5 CHANGE OF USESIGNSUBDIVISIONOTHEROTHER MINIMUM STANDARDSOTHEROTHER XfxpvmemjlfupefwfmpqbBqqspy/71vojunvmujgbnjmzcvjmejohxjuiuxpdpnnfsdjbmvojutupxbsetGbjswjmmfCpvmfwbse/23exfmmjoh vojutxjmmcfbddfttjcmfboe61&bggpsebcmf/Dvssfou{pojohsfrvjsfnfoutsfmbufeupuifqspqfsuzepfto(ubmmpxpvsgvuvsf efwfmpqnfou-uifsfgpsfxfxpvmemjlfupSF.\[POFuifqspqfsuzupSfhjpobmDpnnfsdjbmSftjefoujbm)DS.S*{pofboe TVCEJWJEFuifqspqfsuzjoupuxptfqbsbufqspqfsujft/PofgpsuiffyjtujohNptrvfboeDpnnvojuzDfousfboeuifpuifspofgps uifofxnvmujgbnjmzefwfmpqnfou/ XfxjmmoffebWBSJBODFgpsuifnjojnvnmpugspoubhft/QmfbtfsfgfsupuifQspqptfeTjufQmbo-xijditipxt63/29nboe 6:/16n/jotufbepgnjo/71n/sfrvjsfeczuif{pof/ 5 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. TibcbibuTiblffm 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 Bqsjm7-3135 _______________________________________________________ commonclerk@saintjohn.ca Date (506) 658-2862 Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN :21GbjswjmmfCpvmfwbse-TbjouKpio-OC-F3N6U6 CIVIC ADDRESSAPPLICATION #FEE PAID Y N TYPE OF APPLICATION Land for PublicPurposesNon-Conforming UseSatisfactory Servicing 5 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. Xfxpvmemjlfupefwfmpqb71vojunvmujgbnjmzcvjmejohxjuiuxpdpnnfsdjbmvojutupxbsetGbjswjmmfCpvmfwbse/23 exfmmjohvojutxjmmcfbddfttjcmfboe41bggpsebcmf/Dvssfou{pojohsfrvjsfnfoutsfmbufeupuifqspqfsuzepfto(u bmmpxpvsgvuvsfefwfmpqnfou-uifsfgpsfxfxpvmemjlfupSF.\[POFuifqspqfsuzupSfhjpobmDpnnfsdjbm Sftjefoujbm)DS.S*{pofboeTVCEJWJEFuifqspqfsuzjoupuxptfqbsbufqspqfsujft/PofgpsuiffyjtujohNptrvf boeDpnnvojuzDfousfboeuifpuifspofgpsuifofxnvmujgbnjmzefwfmpqnfou/ XfxjmmoffebWBSJBODFgpsuifnjojnvnmpugspoubhft/QmfbtfsfgfsupuifQspqptfeTjufQmbo-xijditipxt 63/29nboe6:/16n/jotufbepgnjo/71n/sfrvjsfeczuif{pof/ ENCUMBRANCES Describe any easements, restrictive covenants, andother encumbrances affecting the land. Opof/ 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. TibcbibuTiblffm Registered Owner or Authorized AgentAdditional Registered Owner Bqsjm7-3135 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. Subdivision Application GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN :21GbjswjmmfCpvmfwbse-TbjouKpio-OCF3N6U6 CIVIC ADDRESSAPPLICATION #FEE PAID Y N TYPE OF APPLICATION InstrumentT2 Subdivision T1Subdivision 5 Documentrequiring Development Subdivisioninvolving the construction Lotboundaryadjustment,consolidation, Officer endorsementfor registrationofa street new lotan existing street Fee:$0 Fee: $0plus$0 pernewlot Fee:$00 plus$10 per new lot DETAILED DESCRIPTION OFAPPLICATION Attachtheinstrumentortentative subdivision planany additional documentationto fully describe the subdivision plans must adhere tothe requirementsof theCommunity Planning Actof NewBrunswick. In the Subdivision, the submission of apreliminaryproposalandaPre-Application Meeting with City staff is encouraged approval.Please contact theOneStop Development Shopat (506) 658-2911for furtherinformation. XfxpvmemjlfupefwfmpqbBqqspy/71vojunvmujgbnjmzcvjmejohxjuiuxpdpnnfsdjbmvojutupxbsetGbjswjmmf Cpvmfwbse/23exfmmjohvojutxjmmcfbddfttjcmfboe61&bggpsebcmf/Dvssfou{pojohsfrvjsfnfoutsfmbufeup uifqspqfsuzepfto(ubmmpxpvsgvuvsfefwfmpqnfou-uifsfgpsfxfxpvmemjlfupSF.\[POFuifqspqfsuzup SfhjpobmDpnnfsdjbmSftjefoujbm)DS.S*{pofboeTVCEJWJEFuifqspqfsuzjoupuxptfqbsbufqspqfsujft/ PofgpsuiffyjtujohNptrvfboeDpnnvojuzDfousfboeuifpuifspofgpsuifofxnvmujgbnjmzefwfmpqnfou/ XfxjmmoffebWBSJBODFgpsuifnjojnvnmpugspoubhft/QmfbtfsfgfsupuifQspqptfeTjufQmbo-xijdi tipxt63/29nboe6:/16n/jotufbepgnjo/71n/sfrvjsfeczuif{pof/ ENCUMBRANCES Describe any easements, restrictive covenants, andother encumbrances affecting the land. Opof/ AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the landdescribed in this applicationor the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to representthis matter and to provide any additionalinformation that will be necessary for this application. Registered Owner or Authorized AgentAdditional Registered Owner Bqsjm7-3135 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. SubdivisionApplication Form2 Proposed Zoning By-Law Amendment RE: 910 Fairville Boulevard 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, July 8, 2024, at 6:30 p.m., by: 1. Rezoning a parcel of land having an area of approximately 12,242 square metres, located at 910 Fairville Boulevard, also identified as PID 00402446, from Regional Commercial (CR) to Regional Commercial Residential (CR-R) as illustrated below. REASON FOR CHANGE: To permit a mixed-use development. 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 : 910 boulevard Fairville 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 8 juillet 2024 à 18 h 30, en apportant les modifications suivantes : 1. 12,242 mètres, situé au 910 boulevard Fairville, également identifié comme le NID 00402446, de Zone commerciale régionale (CR) à Zone commerciale régionale résidentielle (CRR), 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: Pour permettre un lotissement à usage mixte. CommonClerk@saintjohn.ca Veuillez faire part de 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-X A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN ZONAGE 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 de zonage de la ville de Saint John, parcel of land having an area of permettant de modifier la désignation approximately 12,242 square metres, pour une parcelle de terrain located at 910 Fairville Boulevard, also 12,242 mètres, identified as PID 00402446, from situé au 910 boulevard Fairville, Regional Commercial (CR) to Regional Commercial Residential (CR-R) également identifié comme le NID 00402446, de Zone commerciale régionale (CR) à Zone commerciale régionale résidentielle (CRR). - toutes les modifications sont - all as shown on the plan attached hereto indiquées sur le plan ci-joint et font partie du and forming part of this by-law. présent arrêté. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John a Saint John has caused the Corporate Common fait apposer son sceau communal sur le Seal of the said City to be affixed to this by-law présent arrêté le X juillet 2024, avec les the X day of July, A.D. 2024 and signed by: 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 Staff Recommendation for Council Resolution Property: 1670 Hickey Road stnd Public Hearing, 1 Reading and 2 Reading: July 8, 2024 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 piece of land having an area of approximately 3,014 square metres, located at 1670 Hickey Road, also identified as PID Number 55221790 from Two-Unit Residential (R2) to Neighbourhood Community Facility (CFN). Other No rd 3 Reading: Tentative Date is July 22, 2024 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By-Law Yes That Common Council give 3rd reading to an Amendment to the Amendment Zoning by-law which rezones piece of land having an area of approximately 3,014 square metres, located at 1670 Hickey Road, also identified as PID Number 55221790 from General Commercial (CG) to Two-Unit Residential (R2). Recission of Yes That Common Council, pursuant to the provisions of Section 59 Previous s. 39/s. of the Community Planning Act, rescind the conditions imposed 59 Conditions on the November 7th, 2013, rezoning for the parcel of land having an area of approximately 5,787 square metres, located at 1670 Hickey Road, also identified as PID Number 55221790, stating: 1. The use of proposed Lot 13-2 is restricted to a special care residence with a maximum capacity of 20 beds; 2. There shall be no driveway or other vehicular access to the site onto Heather Way; 3. The developer must remove existing concrete curb and sidewalk and replace them with new concrete dropped curb and sidewalk to provide access to the proposed lot, subject to the City's Chief Engineer or his designate; 4. The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with continuous cast-in-place concrete curbs where necessary to protect the landscaped areas and to facilitate proper drainage; 5. The developer must provide adequate site drainage facilities in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; 6. The developer must provide all utilities underground from the existing overhead facilities; 7. The site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas, including location and types of planting materials and other site features; 8. The approved plans mentioned in conditions (e) and (g) above must be attached to the application for building permit for the development; 9. All site improvements shown on the approved site plan and drainage plan, except for landscaping, must be completed prior to the occupancy of the facility; and the landscaping must be completed within one year of building permit approval. Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No PLANNING ADVISORY COMMITTEE June 19, 2024 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT:Rezoning and Section 59 Amendment 1670 Hickey Road On May 13, 2024, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its July 8, 2024, meeting. The applicant’s contractor, Tom Smith,wasin attendance as well as the owner, Joyce Barrett. Committee member Anne McShane asked staff whether or not there had been any known conflicts with neighbouring propertiesin the past. City Staff member, Thomas Lewallen, responded by saying he received no letters from the public to indicate there were any issues. The applicant’s contractor,Tom Smith,appeared before the Committee. Tom Smithwas in favour of Staff recommendation and explained that he was constructing theaddition to the special care home and that this type of housing and care was in high demand in the City.There were no questions from the Committee. 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. Page 1of 2 Tom Smith1670 Hickey RoadJune 19, 2024 RECOMMENDATION: That Common Council, pursuant to the provisions of Section 59 of the Community PlanningAct, rescind the conditions imposed on the October 15th, 2013, rezoning for the parcel ofland having an area of approximately 2,572.63 square metres, located at 1670 Hickey Road, also identified as PID Number 55221790. 1.That Common Council rezone a piece of land having an area of approximately3,014 squaremetres, located at 1670 Hickey Road, also identified as PID Number 55221790 from Two-Unit Residential (R2) to Neighbourhood Community Facility (CFN). Respectfully submitted, Brad Mitchell Chair Attachments Page 2of 2 Date: June 13, 2024 To: Planning Advisory Committee From:Growth & Community Services Meeting: June 18, 2024 SUBJECT Applicant: Joyce E. Barrett Landowner: Joyce E. Barrett Location: 1670 Hickey Road PID: 55221790 Plan Designation: Stable Residential Existing Zoning: Neighbourhood Community Facility (CFN) Application Type: Rezoning and 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 Tuesday, July 8, 2024. EXECUTIVE SUMMARY The applicant isrequesting to remove existing Section 59 conditions on the property to allow for an addition to the existing building to allow for additional beds in the special care home. As a result of a previously approvedproperty amalgamation subdivision with a neighbouring property, it is necessary to rezone the acquired piece of land from Two-Unit Residential (R2) to Neighbourhood Community Facility (CFN). Approval of the application is recommended. Page 1 of 4 Joyce E. Barrett1670 Hickey RoadJune 13, 2024 RECOMMENDATION 1)That Common Council, pursuant to the provisions of Section 59 of the Community Planning th Act, rescind the conditions imposed on the October 15, 2013, rezoning for the parcel of land having an area of approximately 2,572.63 square metres, located at 1670 Hickey Road, also identified as PID Number 55221790. 2) That Common Council rezone a piece of land having an area of approximately 3,014 square metres, located at 1670 Hickey Road, also identified as PID Number 55221790 from Two- Unit Residential (R2) to Neighbourhood Community Facility (CFN). DECISION HISTORY On October 15, 2013, Common Councilapproved the application to rezone the parcel of land at 1670 Hickey Road from One and Two-Family Residential (R2) to Neighbourhood Institutional (IL-1). Section 59 conditions were placed on the property limiting the number of beds the special care home could provide as well as specificities around access location, access and parking pavement, and landscaping requirements. On May 13, 2024, City Staff approved a subdivision from the applicant requesting to amalgamate a 3,014 square metre piece of property from the neighbouring property,1676 Hickey Road, in order to facilitate the construction of an addition to the special care home located at the subject site, 1670 Hickey Road. ANALYSIS Proposal The applicant is requesting to rescind the existing Section 59 conditions that limited the number of beds allowed in the special care home. By rescinding these conditions and rezoning a portion of the neighbouring property from Two-Unit Residential (R2) to Neighbourhood Community Facility (CFN), an addition to the existing special care home can be constructed, providing an additional 21 beds and bringing the total number of beds to 41. Site and Neighbourhood The subject site is located in the Eastwood neighbourhood squarely between Loch Lomond Road to the north and Grandview Avenue to the south. The immediate neighbourhood is comprised overwhelmingly of residences of various densities, though there are instances of commercial activity along Hickey Road and especially at the intersection of Hickey Road and Loch Lomond Road. Simmons High School is also located within the neighbourhood. While the majority of parking on site will be for staff and visitors, the availability of nearby transit allows employees and visitors more options in getting to the subject site. The bus routes 33 and 30 both have stops at the corner of Hickey Road and Heather Way. Route 33 begins at Kings Square in Uptown and loops back in the Champlain Heights neighbourhood. Route 30 begins at McAllister Mall and loops through the neighbourhoods off Commerce Drive and Champlain Drive until looping back via Heather Way. Page 2 of 4 Joyce E. Barrett1670 Hickey RoadJune 13, 2024 Municipal Plan The immediate Eastwood neighbourhood is overwhelmingly designated Stable Residential within the Municipal Plan. Beyond the immediate neighbourhood, which consists mainly of Stable Residential, there are various other designations, including Urban Reserve, Stable Commercial, Major Community Facility, Rural Residential, and Rural Resource. Zoning The subject site is zoned Neighbourhood Community Facility (CFN) and Two-Unit Residential (R2). Other than Simmonds High School, which is zoned Major Community Facility (CFM), it is the only property that contains a Community zone in the neighbourhood. The piece of property that was acquired and amalgamated into the subject property is still zoned Two-Unit Residential (R2). The residential properties located within the neighbourhood are mostly zoned One (R1) and Two-Unit Residential (R2), though there are various examples of Rural Residential (RR), Low-Rise Residential (RL), Mid-Rise Residential (RM), and High-Rise Residential (RH) in the broader area. In order to align the zoning of the lot with the intended supportive facility – major use, it is necessary to rezone the portion of land acquired from the neighbouring property owner from Two-Unit Residential (R2) to Neighbourhood Community Facility (CFN). Given the City’s various housing initiatives and desire to provide increasingly diverse housing options, the expansion of the supportive facility will ensure that our ageing population has more options to age in place within the city. Infrastructure and Protective Services The City’s Infrastructure Development, Building and Fire, and Emergency Management Service Areas also reviewed the proposal. No concerns were raised by the City’s Service Areas. Conclusion The proposed rescinding of the existing Section 59 conditions and the proposed rezoning 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 existing Section 59 conditions and approval of the rezoning in order to facilitate this expanded special care home. Page 3 of 4 Joyce E. Barrett1670 Hickey RoadJune 13, 2024 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 June 3, 2024. APPROVALS AND CONTACT Author ManagerDirectorCommissioner Thomas Lewallen Jennifer Kirchner, Pankaj Nalavde, MCIP, Amy Poffenroth MCIP, RPP RPP Contact: Thomas Lewallen Telephone: (506) 649-6075 Email: thomas.lewallen@saintjohn.ca Application: 23-0275 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Submission 1: Site Plan Submission 2: Elevation Drawings Attachment 1: Site Photography Attachment 2: Municipal Plan Review Page 4 of 4 1670 Hickey Road (Frontage and Access) 1670 Hickey Road (View of Side Yard from Heather Way) , . ) (CFN within required) 20 which is not expected to out of are 14 ( variance for the total storey building and will be processed by the - residential typology of the . at the intersection of Hickey both of which connect to the a one , . Assessment Law. operation of special care homes. in relation to the existing flows general - proposed development, with no the Neighbourhood Community Facility s Loch Lomond Road and Grandview Avenue limited to proposal will require a nature of The building’s water/wastewater flows significantly change the building.N/AThe use is staying the sameThe height is consistent with the area.the variance is within reasonDevelopment OfficerN/AN/A There will be no added financial burden to the City.N/AThe subject site is located Road and Heather Wayarterial streetThere will be a negligible change in traffic generation due to the While the number of parking spaces provided site is suitable for the i.i. ii.v.ii.v. iii.iv.iv.vi. iii. 1670 Hickey Road ––The concerns associated with environmental sensitivities.N/AThe proposal meets the necessary public health and safety consideration set out by the City’s Infrastructure Development, Public Works, Building and Fire and Emergency Management Service Areas. The proposal aligns with various aspects of the Municipal Plan, as detailed below, and the zoning within the Zoning By – a.b.c.d.e.f. 5 related - 8; - 7 and I - Attachment 2: Municipal Plan Review Policy Plan Municipal have regard for the following: 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 impacts to designated heritage buildings or areas.Type of use;Height, bulk or appearance and lot coverage of any proposed building;Traffic generation, vehicular, pedestrian, bicycle or transit access to and from the site;Parking;Open storage;Signs; andAny other relevant matter of urban planning. i.i. ii.v.ii.v. iii.iv.iii.iv.vi. vii. 2 The proposal is in conformity with the goals, policies and intent of the Municipal Plan and the requirements of all City bylaws;The 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 consideration;The proposal satisfies the terms and conditions of Policy Ito timeframes and phasing of development; andThe proposal meets all necessary public health and safety considerations. - a.b.c.d.e.f. 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, T N E M E G A N E Mfuufst!xfsf!tfou!up!mboepxofst!xjuijo!211!nfusft!pg!uif!tvckfdu!qspqfsuz!po!Kvof!5-!3135/Qvcmjd!Opujdf!xbt!qptufe!po!Kvof!25-!3135 N O I T A D F F N AE T M S M & O C C E A PR Sfnpwf!fyjtujoh!Tfdujpo!6:!DpoejujpotSf{pof!gspn!S3!up!DGO Proposed Rezoning and Section 59 Amendment RE: 1670 Hickey Road Public Notice is hereby given that the Common Council of The City of Saint John intends to amend the Zoning By-law at its regular meeting to be held in the Council Chambers on Tuesday, July 8, 2024, at 6:30 p.m., by: 1. Amending the Section 59 conditions imposed on the October 15, 2013, rezoning located at 1670 Hickey Road, also identified as PID Number 55221790. 2. Rezoning a piece of property, previously a part of PID 55198410 and now amalgamated into PID 55221790, from Two-Unit Residential (R2) to Neighbourhood Community Facility (CFN). REASON FOR CHANGE: To allow for the construction of an extension of a special care home. 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 Rezonage et modificatione 59 Objet : 1670, chemin Hickey Par les présentes, un avis public est donné par lequel le conseil communal de La Ville de Saint John indique son intention de modifier des conditions de l'article 59, lors de la réunion ordinaire qui se tiendra dans la salle du conseil le mardi 8 juillet 2024 à 18 h 30, en apportant les modifications suivantes : 1. Modification des conditions de l'article 59 imposées relativement au changement de zonage du 15 octobre 2013, de la propriété située au 1670, chemin Hickey, également identifié comme le NID 55221790. 2. Rezonage d'un terrain, faisant auparavant partie du NID 55198410 et maintenant fusionné avec le NID 55221790, de la zone résidentielle bifamiliale (R2) à zone (CFN) » RAISON DE LA MODIFICATION: Permettre des lits supplémentaires dans un foyer de soins spéciaux. CommonClerk@saintjohn.ca Si vous souhaitez obtenir des services en français, 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 DE THE CITY OF SAINT JOHN OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Lors d'une réunion du conseil communal, Common Council convened, as follows: The City of Saint John a décrété ce qui suit : The Zoning By-law of The City of Saint John L'arrêté sur le zonage de The City of Saint enacted on the fifteenth day of December, A.D. John, décrété le quinze (15) décembre 2014, 2014, is amended by: est modifié par : Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land zonage de la ville de Saint John, permettant having an area of approximately 3,014 de modifier la désignation pour une parcelle square metres, located at 1670 Hickey Road de terrain d'une superficie d'environ 3,014 also identified as PID 55221790 from Two-Unit mètres carrés, situé au 1670 rue Hickey, Residential (R2) to Neighbourhood également identifié comme NID 5 5221790, Community Facility (CFN). du zone résidentielle bifamiliale (R2) à la zone communautaires de quartier (CFN). all as shown on the plan attached hereto and toutes les modifications sont indiquées sur le forming part of this by-law. plan ci-joint et font partie du présent arrêté. IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a has caused the Corporate Common Seal of the fait apposer son sceau communal sur le said City to be affixed to this by-law the 22nd présent arrêté le 22 juillet 2024, avec les day of July, A.D. 2024 and signed by: signatures suivantes: _______________________________________ Mayor/Maire ______________________________________ City Clerk/Greffier de la Ville First Reading July 8, 2024 Première lecture 8 juillet 2024 Second Reading July 8, 2024 Deuxième lecture 8 juillet 2024 Third Reading July 22, 2024 Troisième lecture 22 juillet 2024 PROPOSED MUNICIPAL PLAN AMENDMENT RE: NASON ROAD / MARTHA AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan that would: 1. Redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 6.78 hectares, located on Nason Road, also identified as PID 55086227, from Park and Natural Area to Stable Area, as illustrated below; 2. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 6.78 hectares, located on Nason Road, also identified as PID 55086227, from Park and Natural Area to Stable Residential, as illustrated below. A public presentation of the proposed amendment will take place at a regular meeting of Common Council, to be held in the Council Chamber at City Hall on Monday, July 8, 2024. REASON FOR CHANGE: To permit a multi-unit residential development. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by August 7, 2024. Enquiries may be made at the office of the Common Clerk or Growth & Community Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 6:00 p.m., Monday through Thursday, inclusive, holidays excepted. Jonathan Taylor, Common Clerk (506) 658-2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : RUE NASON / AVENUE MARTHA Par les présentes, un avis public est donné par lequel le conseil communal de ville de Saint 1, aménagement municipal, modifier la désignation 6,77 hectares, située au rue Nason, également identifié comme NID 55086227, qui passera de Parc ou aire naturelle à Secteur stable, comme illustré ci-dessous; 2. la désignation 6,77 hectares, situé au rue Nason, également identifié comme NID 55086227, qui passera de Parc ou aire naturelle à Secteur résidentiel stable, comme illustré ci-dessous. le lundi 8 juillet 2024. RAISON DE LA MODIFICATION: Pour permettre un développement résidentiel. Les objections écrites à la modification proposée peuvent être présentées au Conseil, aux soins 7 aout 2024. Les demandes de renseignements peuvent être présentées au bureau du greffier communal ou aux Services de croissance et de développement communautaire, Hôtel de ville, 15, Market Square, Saint John (N.-B.), entre 8 h 30 et 18 h 00, du lundi au jeudi, inclusivement, jours fériés exclus. Jonathan Taylor, greffier communal (506) 658-2862 GeneralApplicationForm GROWTH & COMMUNITYSERVICES onestop@saintjohn.caPhone:658-4455 Fax:632-6199 CITYOFSAINTJOHN LOCATIONCIVICADDRESS : PID # : O0B66197338 HERITAGEAREA: Y / N INTENSIFICATIONAREA: Y / N FLOODRISKAREA: Y / N Y / N APPROVEDGRADINGPLAN: Y / N APPLICATION#:DATERECEIVED: RECEIVEDBY: APPLICANTEMAILPHONE 853784OCJod/ MAILINGADDRESSPOSTALCODE 2HfsnbjoTUTVJUF2323TbjouKpioOCF3M5W2 CONTRACTOREMAILPHONE MAILINGADDRESSPOSTALCODE OWNEREMAILPHONE 853784OCJod/kpioAuifqpuufsztipq/db617.444.6211 MAILINGADDRESSPOSTALCODE 2HfsnbjoTUTVJUF2323TbjouKpioOCF3M5W2 PRESENTUSE:PROPOSEDUSE: BUILDINGPLANNINGINFRASTRUCTUREHERITAGE INTERIORRENOVATIONNEWCONSTRUCTIONVARIANCESTREETEXCAVATIONHERITAGEDEVELOPMENT EXTERIORRENOVATIONACCESSORYBLDGPLANNINGLETTERHERITAGESIGN DRIVEWAYCULVERT ADDITIONPOOLPACAPPLICATIONHERITAGEINFILL DRAINAGE DECKDEMOLITIONCOUNCILAPPWATER & SEWERAGEHERITAGEDEMO CHANGEOFUSESIGNSUBDIVISIONOTHEROTHER MINIMUMSTANDARDSOTHEROTHER REQUIRED: BUILDING SPRINKLERED: Y / N FIRE ALARM: Y / N Ofxdpotusvdujpopguxp81vojubqbsunfoucvjmejoht/ PROJECT ESTIMATE (IF APPLICABLE) I consenttotheCityofSaintJohnsendingtomecommercialelectronicmessages,fromtimetotime,regardingCityinitiativesandincentives. GeneralCollectionStatement 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.Thisapplicationincludesall relevant documentation necessaryfor 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 Johnwill 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. conditionsimposed. 853784OCJod/ 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 ApplicantName regarding the collection of personal information, please contactthe Access &Privacy Officer: CityHallBuilding ApplicantSignature 15 Market 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 5 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. Sf{pojohbqqmjdbujpogspnGvuvsfEfwfmpqnfou)GE*upIjhiSjtfSftjefoujbm)SI* Fodmptfebsfsfoefsjoht-fmfwbujpot-qbsljohtuvezboetjufqmbot)jodmvejohbxfumboeefmjofbujpo*/ ENCUMBRANCES Describe any easements, restrictive covenants, andother encumbrances affecting the land. TffbuubdifeDfsujgjdbufpgSfhjtufsfePxofstijq 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 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 MUNICIPAL PLAN AMENDMENT RE: Spruce Lake Industrial Park Expansion Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan that would: 1. Redesignate on Schedule A of the Municipal Development Plan land having an approximate area of 421 hectares identified as portions of PIDs 55243596, 55233456, 55243588, and 55237077, from Park and Natural Area, Rural Resource, Employment Area, and Stable Area (outside of the Primary Development Area) to Employment Area (within the Primary Development Area), as illustrated below; 2. Redesignate on Schedule B of the Municipal Development Plan land having an approximate area of 421 hectares identified as portions of PIDs 55243596, 55233456, 55243588, and 55237077, from Park and Natural Area, Rural Resource, Heavy Industrial, and Rural Residential (outside of the Primary Development Area) to Heavy Industrial (within the Primary Development Area), as illustrated below; REASON FOR CHANGE: To include the site within the Primary Development Area and the Heavy Industrial designation to allow for the expansion of the Spruce Lake Industrial Park. A public presentation of the proposed amendment will take place at a regular meeting of Common Council, to be held in the Council Chamber at City Hall on Monday, July 8, 2024. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by Wednesday, August 7, 2024. Enquiries may be made at the office of the City Clerk or Growth & Community Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 6:00 p.m., Monday through Thursday, inclusive, holidays excepted. Jonathan Taylor, City Clerk (506) 658-2862 or commonclerk@saintjohn.ca PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : Agrandissement du parc industriel de Spruce Lake Par les présentes, un avis public est donné par lequel le conseil communal de ville de Saint 1. la désignation superficie de 421 hectares identifiés comme des portions de NIDs 55243596, 55233456, 55243588, et 55237077 qui passera de parc et aire naturelle, secteur de ressources rurales, s et secteur stable ( du principal secteur de développement) à (dans le principal secteur de développement), comme illustré ci-dessous; 2. la désignation superficie de 421 hectares identifiés comme des portions de NIDs 55243596, 55233456, 55243588, et 55237077 qui passera de parc et aire naturelle, secteur de ressources rurales, et secteur résidentiel rural ( du principal secteur de développement) à (dans le principal secteur de développement), comme illustré ci-dessous. RAISON DE LA MODIFICATION: Inclure le site dans le principal secteur de développement et dans la désignation d'industrie lourde afin de permettre l'agrandissement du parc industriel de Spruce Lake. lundi 8 juillet 2024. Les objections écrites à la modification proposée peuvent être présentées au Conseil, mercredi 7 août 2024. Les demandes de renseignements peuvent être présentées au Bureau du greffier municipal ou aux Services de croissance et de développement communautaire, Hôtel de ville, 15 carré Market, Saint John (N.-B.), entre 8 h 30 et 18 h 00, du lundi au jeudi, inclusivement, jours fériés exclus. Jonathan Taylor, greffier municipal (506) 658-2862 ou commonclerk@saintjohn.ca General Application Form GROWTH & COMMUNITY SERVICES onestop@saintjohn.ca Phone: 658-2911 Fax: 632-6199 CITY OF SAINT JOHN LOCATIONCIVIC ADDRESS :PID # : LjohXjmmjbnSpbe663546:7 HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N APPLICATION #:DATE RECEIVED: RECEIVED BY: APPLICANTEMAILPHONE EjmmpoDpotvmujohpoCfibmgpguifDjuzpgTbjouKpio MAILING ADDRESS POSTAL CODE Dpoubdu;KfoojgfsCspxo-kcspxoAejmmpo/db-6177648:15 CONTRACTOR EMAILPHONE MAILING ADDRESS POSTAL CODE OWNEREMAILPHONE SfhjpobmEfwfmpqnfouDpsqpsbujpod0pSpcLfmmz<spc/lfmmzAhoc/db MAILING ADDRESS POSTAL CODE PRESENT USE:PROPOSED USE: VoefwfmpqfeTqsvdfMblfJoevtusjbmQbslFyqbotjpo/ BUILDINGPLANNINGINFRASTRUCTUREHERITAGE INTERIOR RENOVATIONNEW CONSTRUCTIONVARIANCESTREET EXCAVATIONHERITAGE DEVELOPMENT EXTERIOR RENOVATIONACCESSORY BLDGPLANNING LETTERHERITAGE SIGN DRIVEWAY CULVERT ADDITIONPOOLPAC APPLICATIONHERITAGE INFILL DRAINAGE DECKDEMOLITIONCOUNCIL APPWATER & SEWERAGEHERITAGE DEMO 5 CHANGE OF USESIGNSUBDIVISIONOTHEROTHER MINIMUM STANDARDSOTHEROTHER NvojdjqbmQmboBnfoenfout;TdifevmfB;QEBBnfoenfou<TdifevmfC;GMVBnfoenfou<Ufyu BnfoenfoutupbmjhoJoevtusjbmQpmjdzGsbnfxpsl/\[pojohCz.mbxBnfoenfou;TdifevmfB; \[pojohNbq<UfyuBnfoenfoutupvqebufefgjojujpot-jouspevdfuifTqsvdfMblfJoevtusjbmQbsl JoufhsbufeEfwfmpqnfou\[pof-boevqebufuifvtftpguifFowjsponfoubmQspufdujpo\[pofup qfsnju#cvggfsjoh#btbvtf/QJEt;663546:7<Qpsujpopg66354699<66344567<66348188 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. EbwjeEpccfmtufzo)DjuzpgTbjouKpio* 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: Ejhjubmmz!tjhofe!cz!Ebwje!Epccfmtufzo! Ebwje!Epccfmtufzo Ebuf;!3135/17/35!21;49;6:!.14(11( _______________________________________________________ CityHallBuilding Applicant Signature 15Market Square Saint John, NB E2L 1E8 Kvof29-3135 _______________________________________________________ commonclerk@saintjohn.ca Date (506) 658-2862 Staff Recommendation for Council Resolution Property: 2400 Westfield Road stnd Public Hearing, 1 and 2 Reading occurred on June 24, 2024. rd 3 Reading: July 8, 2024 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By-Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning By-law which rezones a parcel of land having an area of approximately 5,261 square metres, located at 2400 Westfield Road, also identified as PID 00290585, from Rural General Commercial (CRG) to Rural Settlement Residential (RS). Recission of Yes That Common Council rescind the conditions imposed on the Previous s. 39/s. May 3, 2016 rezoning of the property located at 2400 59 Conditions Westfield Road, also identified as PID 00290585. Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No BY-LAW NUMBER C.P. 111-168ARRÊTÉ NO C.P. 111-168 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN ZONAGE 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 parcel of land zonage de la ville de Saint John, permettant having an area of approximately 5,261 square de modifier la désignation pour une parcelle metres, located at 2400 Westfield Road, also de terrain 5,261 identified as PID 00290585, from Rural General mètres, situé au 2400 rue westfield, Commercial (CRG) to Rural Settlement également identifié comme le NID 00290585, Residential (RS). de zone commerciale générale rurale (CRG) à zone résidentielle de peuplement rural (RS). - toutes les modifications sont - all as shown on the plan attached hereto indiquées sur le plan ci-joint et font partie du and forming part of this by-law. présent arrêté. IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a has caused the Corporate Common Seal of the fait apposer son sceau communal sur le said City to be affixed to this by-law the X day of présent arrêté le X juillet 2024, avec les July, A.D. 2024 and signed by: signatures suivantes: ________________________________ Mayor/Maire _____________________________________ City Clerk/Greffier communal First Reading - June 24, 2024 Première lecture - le 24 juin 2024 Second Reading - June 24, 2024 Deuxième lecture - le 24 juin 2024 Third Reading - Troisième lecture - Staff Recommendation for Council Resolution Property: stnd Public Hearing, 1 Reading and 2 Reading was held on June 24, 2024 rd 3 Reading: July 8, 2024 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 piece of land having an area of approximately 3,118 square metres, located at 15 from General Commercial (CG) to Two-Unit Residential (R2). Recission of Yes That Common Council, pursuant to the provisions of Section Previous s. 39/s. 59 of the Community Planning Act, rescind the conditions 59 Conditions imposed on the September 26, 2022, rezoning, for the parcel of land having an area of approximately 3,118 square metres, located at , also identified as PID Number 00415711, stating: a. That the development of the site be limited to the -use development incorporating two buildings with uses limited to the following: i. The southern building, located adjacent to Wilson Street having a maximum of 50 dwelling units and 4 live-work units. ii. the northern building be limited to a maximum of 50 dwelling units. b. That notwithstanding subparagraph 11.7(3)(c)(i) of the Zoning By-Law, dwelling units may be located below the second storey of the proposed buildings. c. The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features including front yard landscaping in conformance with the Zoning By-Law and side yard landscaping as illustrated on the site plan submitted with the application. d. The above plans referenced in (c) be attached to the permit application for the development of the parcel of land. e. That pedestrian access to and from the development is Street. f. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. g. That the parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any development and/or building permit for the proposed development. h. Should the location of the building sprinkler connections necessitate the installation of an additional fire hydrant, this hydrant installation will be at the expense of the developer. i. That concrete curb and sidewalk be extended by the developer along the Wilson Street frontage of the site. j. That prior to issuance of any building permits for the proposed development, a Traffic Impact Statement be completed by an engineering consultant engaged by the impacts on the existing roadway network and any required improvements to the existing road network including traffic calming measures. Any improvements identified by the Traffic Impact Statement be the Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No BY-LAW NUMBER C.P. 111-169ARRÊTÉ NO C.P. 111-169 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Lors d'une réunion du conseil communal, Common Council convened, as follows: The City of Saint John a décrété ce qui suit : The Zoning By-law of The City of Saint John L'arrêté sur le zonage de The City of Saint enacted on the fifteenth day of December, A.D. John, décrété le quinze (15) décembre 2014, 2014, is amended by: est modifié par : Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land zonage de la ville de Saint John, permettant having an area of approximately 3,118 de modifier la désignation pour une parcelle square metres, located at , de terrain d'une superficie d'environ 3,118 also identified as PID 00415711 from General mètres carrés, situé au , Commercial (CG) to Two-Unit Residential également identifié comme NID 00415711, (R2). du zone commerciale générale (CG) à la zone résidentielle bifamiliale (R2). toutes les modifications sont indiquées sur le all as shown on the plan attached hereto and plan ci-joint et font partie du présent arrêté. forming part of this by-law. EN FOI DE QUOI, The City of Saint John a IN WITNESS WHEREOF The City of Saint John fait apposer son sceau communal sur le has caused the Corporate Common Seal of the présent arrêté le **** 2024, avec les said City to be affixed to this by-law the ** day of signatures suivantes: **, A.D. 2024 and signed by: ____________________________________________ Mayor/Maire ___________________________________________ City Clerk/Greffier communal First Reading - June 24, 2024 Première lecture - le 24 juin 2024 Second Reading - June 24, 2024 Deuxième lecture - le 24 juin 2024 Third Reading - Troisième lecture - /haahb /h…b/L\[ w9thw M&C No.2024-177 Report DateJune 27, 2024 Meeting DateJuly 08, 2024 Service AreaGrowth and Community Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: Demolition of Vacant, Dilapidated and Dangerous Building at 230- 232DukeStreet (PID 00006452) AUTHORIZATION Primary AuthorCommissioner/ Dept. HeadChief Administrative Officer Justin TinkerAPoffenroth/ C McKielJ. Brent McGovern RECOMMENDATION RESOLVED, that the building located at 230-232 DukeStreet, PID# 00006452, is to be demolished as it has become a hazard to the safety of the public by reasonsof dilapidationand unsoundness of structural strength; and BE IT FURTHER RESOLVED, that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building located at 230-232 DukeStreet. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange demolition of the building. PREVIOUS RESOLUTION N/A REPORT The four-unit, three-storeyapartment building located at 230-232 DukeStreet is a hazard to the safety of the public by reason of being vacant or unoccupied,by reason of dilapidation, and by reason of unsoundness of structural strength. - 2 - Standard enforcement procedures began after the owner vacated the building in April 2023 due to safety concerns identified by the Minimum Property Standards Program. The property is located in a residential zone iSouth End and is currently assessed at $258,900 A section of the exterior load-bearing wall on the west side of the building is structurally unsound. A portion of the wall has buckled, visible from both the exterior and from a basement unit within the building. A 2022 received by the City further validated concerns with this section of the exterior wall. Mould was present on the walls and ceiling in the basement unit and upper unit. Portions of the ceiling finish have collapsed in the basement and upper unit, consistent with water ingress above. The wood floor in portions of the lower unit is soft, slopes toward the middle of the building and deflects under load which presents a hazard as the deteriorated floor could collapse under load. During interior inspections, staff documented that the building was being broken into and being used for shelter and sleeping quarters. A Notice to Comply was issued on January 17, 2024, and was posted to the building on the same day as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Notice provided the owner with 60 days to demolish the building or submit plans and permit applications for repair of the conditions at the property. The owner did not file a Notice of Appeal within the time frame provided. The owner applied for a building permit, attaching an engineered bracing plan to the application package. Upon further inspection of the building by the owner following removal of wall coverings, they determined that the building was not salvageable. The property owner intends to demolish the building and rebuild at this location; however, due to missed deadlines, staff is recommending demolition to ensure the hazardous conditions are rectified. A compliance inspection was conducted on June 27, 2024, which revealed that the conditions have not changed since the Notice was issued. affidavit attesting to service. Also included are photos of the building. The Local Governance Act indicates that where a building has become a hazard to the safety of the public by reason of dilapidation or by reason of unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides evidence - 3 - resulting hazard to safety of the public. A copy of the letter advising of the Common Council Hearing date is attached. The letter was posted to the building on June 17, 2024. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By- buildings create unsafe conditions in neighbourhoods and diminish community pride. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is estimated at $55,000. Upon approval of the purchasing policy. The cost of the work will be billed to the property owner and if left unpaid, it will be submitted to the Province with the request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Land Registry. ATTACHMENTS Affidavit of Service Notice to Comply Affidavit of Service Notice of Common Council Hearing Photos Photo 4 232 Duke St, Saint - 230 John, New Brunswick PID January 3, 2024 Photo 5 232 Duke St, Saint - 230 John, New Brunswick PID January 3, 2024 Photo 6 232 Duke St, Saint - 230 John, New Brunswick PID January 3, 2024 Photo 7 232 Duke St, Saint - 230 John, New Brunswick PID January 3, 2024 Photo 8 232 Duke St, Saint - 230 John, New Brunswick PID January 3, 2024 Photo 9 232 Duke St, Saint - 230 John, New Brunswick PID January 3, 2024 Photo 10 232 Duke St, Saint - 230 John, New Brunswick PID January 3, 2024 Photo 11 232 Duke St, Saint - 230 John, New Brunswick PID January 3, 2024 Photo 12 232 Duke St, Saint - 230 John, New Brunswick PID January 3, 2024 Photo 13 232 Duke St, Saint - 230 John, New Brunswick PID January 3, 2024 COMMON COUNCIL REPORT M&C No.2024-153 Report DateJuly 04, 2024 Meeting DateJuly 08, 2024 Service AreaGrowth and Community Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: Affordable Housing Grant Program Amendment AUTHORIZATION Primary AuthorCommissioner/Dept. HeadChief Administrative Officer Andrew ReidAmy Poffenroth/ Pankaj J. Brent McGovern Nalavde RECOMMENDATION That Common Council approvethe Affordable Housing Grant Program as amended and attached to this M&C 2024-153presented at theJuly08, 2024, meeting. EXECUTIVE SUMMARY The Affordable Housing Grant Program provides a$8,000 to $10,000 per unit -profit housing developers constructing new affordable rental housing in Saint Johnup to a maximum of $160,000 to $200,000. In 2023, the Program was funded through a one-time disbursement from RDC/Federal Government. From 2024-2026, the Program will be funded through the Housing Accelerator Fund (HAF) project. As part of the HAF project, staff isproposing several amendments to increase the effectiveness of the Affordable Housing Grant Program prior toinitiating a 2024 call for applications. Currently the grant is only paid out upon completion of the projectand issuance of occupancy permit.Staff isproposing that the policy be amended to allow disbursement at an appropriate milestoneduring construction(i.e. completion of foundation). This will enable the grant to be used asequity toward the project during construction as well as count as equity in negotiating with federal/provincialfunding partners. Should thepolicy amendment be approved, the next grant intake deadline will be September 2024or sooner,depending on the volume of applications received. PREVIOUS RESOLUTION On April 16, 2024, Growth Committee recommended approval of a Soft Costs Grant Program. At their meeting, staff also provided an update to Committee on proposed amendments to the Affordable Housing Grant Program. - 2 - On December 18, 2023, Common Council authorized the Mayor and Clerk to execute a Housing Accelerator Fund (HAF) Contribution Agreement with Canada Mortgage Housing Corporation (CMHC), which consisted of 8 initiatives, including Initiative 4 Capitalizing Affordable Housing. On March 6, 2023, Common Council amended the Grant program to allow consideration of grant applications that allowed projects undergoing a planning approval process to be eligible for consideration. On January 9, 2023, Common Council adopted the Affordable Housing Grant Program. The Program was initially seeded through a $800,000 contribution from the Regional Development Corporation and Federal Government for Affordable Housing. REPORT Development of the Affordable Housing Grant Program, identified as an lan, was completed in 2023. As part of the Housing Accelerator Fund Initiative 4 Capitalizing Affordable Housing, staff is proposing several amendments primarily geared to providing funding earlier on. Grant disbursement The policy currently withholds grant payment until the time of project completion and occupancy, unless a special request is made and Council approval is obtained: 9. (c) Notwithstanding Section 5.4(a), disbursement of funds may occur earlier, prior to issuance of an occupancy permit, should a special need arise. A business case must be provided to the Grant Committee. The terms and conditions of disbursement will require Common Council approval through a unique grant agreement. While this approach ensures no funding is provided in advance of completion and ultimately limits any risk to the City, the developer cannot fully use the grant as equity toward the project. Formalizing an early disbursement of funds in the policy is being proposed as a policy improvement through the Housing Accelerator Fund project. Based on 2023 applications, applicants to the grant will also be applying for a forgivable loan through Affordable Rental Housing Program (ARHP) for their project. The amendment will ensure that the grant can now be counted as equity by HousingNB. Earlier disbursement could also help reduce unforeseen cash flow issues that may arise during the construction of the project. In the case of non-profit developers, earlier disbursement may help create the additional liquidity needed to cover the reimbursement of HST during construction of the project. Lastly, the HAF agreement requires that the City expend all funding prior to January, 2028. Therefore, permitting earlier disbursement is anticipated to - 3 - support a greater number of projects from 2024-2026. If funds were not disbursed until occupancy, there would be less ability to deploy HAF funding. In scanning how other municipalities are deploying HAF funding through incentives, staff has found precedent for disbursement at foundation in communities such as Moncton. In disbursing sooner, there is a small margin of risk that the project may become stalled and the City will have no recourse to recover the funds. However, the merits of an early disbursement appear to outweigh this risk. Once a building permit has been successfully obtained, it is rare for a project not to proceed, as financing will already be in place. To further mitigate against the risk of a project not being completed for new construction, no grant will be paid out until the successful approval of the foundation inspection under the building permit. In the case of conversion projects, 50% of the grant will be paid out at pre-drywall inspection, with the remaining 50% upon completion. For projects to remain incomplete after the foundation is in place would be extraordinarily rare. It should also be noted that there is no risk related to use of HAF funding. In terms of meeting the HAF Agreement, the City is being measured on the number of residential units created through building permits issued. At the conclusion of the HAF period at the end of 2026, the Grant Program will need to be re-evaluated. The Affordable Housing Grant is dependent on applicants ability to also obtain support through provincial and/or federal government funding programs, which are subject to change. The following summarizes the proposed amendments to the policy: - Section 4 Definitions / Section 7 Eligibility Requirements Added , and clarification to eligibility requirements for conversion projects. - Section 6.2 Grant Intake - Grant intake period will now occur quarterly or through a Grant Committee meeting scheduled as needed, with the first intake deadline being September, 2024. - Section 6.4 Disbursement of Grant Funds o Introduction of earlier disbursement milestones for new construction and conversion projects. o The City may cancel a grant award at any time based upon changes to the availability of external funding sources that result in reductions to the annual budget for the Program (e.g. HAF). - Section 8.1 Grant Committee The Committee may request additional documentation from the applicant to support their application, including financial statements. - Section 8.2 Project Evaluation A qualitative score has been added to the score sheet to include other factors such as the experience, track record, construction timeline, and depth of affordability. It was found that these elements needed to be formalized - 4 - on the scorecard to complement a quantitative score, which prioritized affordable unit count. - Section 10 Consistent with other grant policies, an Outcomes Report requirement has been added to the Grant policy. STRATEGIC ALIGNMENT Common Council has established five priorities for their 2021-2026 term. Affordable Housing aligns with the following Council Priorities. Grow: Population Growth o Grow our population at a rate of 2% annually by the end of Belong: Livable Neighbourhoods o Facilitate a mix of affordable housing in all of our neighbourhoods. Action #13 of the Affordable Housing Action Plan states the following: The City immediately establish a Saint John Affordable Housing Fund to fund the development of new affordable housing units and that the Fund is: b) Initially seeded through an $800,000 contribution and augmented via future provincial and federal funding programs (e.g. CMHC Housing Accelerator Fund) SERVICE AND FINANCIAL OUTCOMES The amended Affordable Housing Grant Program is intended to be fully replenished using funding from the Housing Accelerator Fund project, with an annual budget of approximately $700,000 - $800,000 per year. Staff will be closely monitoring the HAF budget on an annual basis. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Policy and its amendments was developed with the input of local housing provider stakeholders and reviewed by Growth and Community Services, Finance, and the General Counsel Office. General Counsel has noted that the amendment of earlier disbursement represents a significant change to the risk profile as compared to the current policy as the City will have no recourse to recoup funds for projects in the case that a project is not complete. This risk has been examined in the report. - 5 - ATTACHMENTS 1. Affordable Housing Grant Program Presentation 2. Affordable Housing Grant Program Policy 3. Affordable Housing Grant Program Grant Agreement Template Title: Affordable Housing Grant Program Policy Subject: Affordable Housing Grant Program Category: Growth and Community Services Policy No.: GDS-010 M&C Report No.: 2023-002 Effective Date: 2023-01-10 Next Review Date: December 2026 Area(s) this policy applies to: Growth and Community Office Responsible for review of this Policy: Services Growth and Community Services Related Instruments: Policy Sponsors: M&C 2022-304 Affordable Housing Action Plan Commissioner of Growth and Community Services M&C No 2022-195 Finance Committee: Regional Development Corporation (RDC)/Federal Government Public Transit and Housing Fund Document Pages: This document consists of 10 pages. Revision History: 1. M&C Report No.: 2023-53 2. M&C Report No.: 2024-153 Date Created: Common Council Approval Date: Contact: Growth and Community Services 2023-01-09 2023-01-09 1 Contents 1. Policy Statement .................................................................................................................................. 3 2. Program Background............................................................................................................................ 3 3. Program Evaluation .............................................................................................................................. 3 4. Definitions ............................................................................................................................................ 3 5. Goals ..................................................................................................................................................... 4 6. Affordable Housing Grant Overview .................................................................................................... 4 6.1 Grant Description ............................................................................................................................. 5 6.2 Intake Period .................................................................................................................................... 5 6.3 Eligible Expenditures ........................................................................................................................ 5 6.4 Disbursement of Grant Funds .......................................................................................................... 6 7. Project Eligibility Requirements ........................................................................................................... 6 8. Grant Evaluation Criteria...................................................................................................................... 8 8.1 Grant Committee ............................................................................................................................. 8 8.2 Project Evaluation ............................................................................................................................ 8 9. Administration ..................................................................................................................................... 9 10. Outcomes Report ........................................................................................................................... 10 2 Affordable Housing Grant Program Policy 1. Policy Statement The City of Saint John supports the development of affordable housing throughout the Primary Development Area, as defined by the Municipal Development Plan. The purpose of the Affordable Housing Grant Program (AHGP) housing market and ensure those units remain affordable, long term. 2. Program Background The following Program provides a framework for increasing the number of affordable housing units in Program is aligned with Federal and Provincial Programs and ing Action Plan. 3. Program Evaluation The AHGP will be monitored throughout each grant cycle for number of affordable housing units committed. At the end of the first grant cycle, Staff will provide an update to Growth Committee that provides the total number of affordable units, the breakdown of unit structure, and the estimated timeline for construction and occupancy. 4. Definitions Affordable Housing Rental Program Department of Social Development to provide capital grant funding towards the creation of new housing units for low- and moderate-income households in New Brunswick. Affordable housing unit Department (SD) through its Affordable Housing Rental Program and/or Canada Mortgage and Rapid Housing Initiative, affordable housing unit means a unit that provides a minimum depth of affordability where tenants pay no more than 30% of their before-tax income on housing costs and the unit remains affordable for a minimum of 20 years. Affordable unit must meet, at minimum, the definition of -Investment Fund, where affordable housing unit means a unit that must be less than 80% of the Median Market Rent and be maintained for a minimum of 20 years. CMHC/Federal Funding Programs Housing Corporation which includes but is not limited to the National Housing Co-Investment Fund and Rapid Housing Initiative. Construction costs, material or labour means the total cost of construction of the building including site preparation, mechanical and electrical components. 3 C means a development that changes the use of a property from an institutional or commercial use to a residential use, where a minimum of 70% of the gross floor space is residential (e.g. converted accommodation), resulting in net new residential units. Non-profit developer means a corporation no part of the income of which is payable to or otherwise available for the personal benefit of any proprietor, member, or shareholder thereof. For-profit developer means a registered corporation that develops and provides housing. Townhouse means a building containing two or more dwelling units arranged side by side each with an independent exterior entrance and separated vertically by a common wall extending from the foundation to the roof. Vacant building means the building has been vacant for at least one year and was either (1) previously used as an institutional building, or (2) has a minimum of 20% floor space that lacks basic facilities or is substantially damaged to the extent that the new facilities must be installed or the new components must be replaced or reconstructed to meet the By-law Respecting Standards for Maintenance and Occupancy of Buildings and Premises. 5. Goals Success of the AHGP will be determined by the number of affordable housing units to which the Program contributes and depth of their affordability. The Affordable Housing Grant Program is designed to achieve the following outcomes: Address the following gaps in the local housing continuum identified in the Affordable Housing Action Plan: Supportive/special needs housing, housing to the most vulnerable households, and affordable rental housing; Fulfilling the Affordable Housing Action principle of promoting public investment for public benefit; Effective and meaningful distribution of funds to shovel-ready projects; Supporting non-profit housing projects in providing long-term affordable housing options; Incentivizing the use of the Affordable Rental Housing Program; Incentivizing deeply affordable housing units; and, Providing grant funding upfront to ensure greatest impact on project financing. 6. Affordable Housing Grant Overview The Affordable Housing Grant provides additional funding to projects approved under the It is designed to provide additional funds to non- and for-profit developers via a used to directly impact the success and sustainability of the affordable dwelling unit. The Affordable Housing Grant will prioritize projects that meet the project readiness definition described in section 6.1 and are experiencing fiscal constraints. 4 6.1 Grant Description The Affordable Housing Grant consists of two tiers of grants based on non- and for- profit developers. Each tier provides a baseline grant and opportunity to access additional funding for innovative solutions to identified market gaps or issues. a) Tier 1: Non-Profit Development i. A Tier 1 grant base amount of $10,000 per affordable unit to a maximum of $200,000 per project is available to any non-profit developer that meets the P requirements, inclusive of bonus funds. ii. An additional $50,000 is available in bonus funds for market gap solutions. Market gap solutions in accordance with 8.2.1. b) Tier 2: For-Profit Development i. A Tier 2 grant base amount of $8,000 per affordable unit to a maximum of $160,000 per project is available to any for-profit developer that meets the P requirements, inclusive of bonus funds. ii. An additional $50,000 is available in bonus funds for market gap solutions. Market gap solutions in accordance with 8.2.1. c) The total grant cannot comprise more than 50% of the overall construction costs as determined at the time of building permit application. d) The City will only enter into a grant agreement the total value of which does not exceed $200,000 per project. 6.2 Intake Period a) Grant applications will be received throughout the year and reviewed by the Grant Committee quarterly (March, June, September, December), or through a Grant Committee meeting scheduled at the discretion of the Commissioner of Growth and Community Services, based on volume of applications received. b) Grant intake may pause or cease to occur at the discretion of the Commissioner of Growth and Community Services, based on available funds. 6.3 Eligible Expenditures The following expenditures are eligible under the Affordable Housing Grant: Construction costs, materials; Construction costs, labour; Construction costs, other; at the discretion of the Staff Committee; Consultant fees for professional services (e.g. drawings and design); and, 5 Shared amenity costs such as appliances for shared laundry facilities, appliances or equipment for shared spaces like community rooms, storage or bicycle lockers, or other expenditures at 6.4 Disbursement of Grant Funds a) No grant funds will be disbursed to successful applicants until the following occurs: i. The Grant Committee has issued an approval letter to the applicant confirming their decision, ii. The successful applicant has entered into a grant agreement with the City that outlines the terms of the grant disbursement. The agreement may consider additional requirements the City determines to be necessary to secure the long-term affordability of the eligible dwelling units (Attachment 2 Grant Agreement Template); and, iii. The successful applicant has been issued a building permit by the City. Substantial revisions to the building permit submission attached to the application form, including but not limited to the reduction in number of affordable units, may void the application or require the application be resubmitted. b) Grant fund disbursement schedules will be defined by grant agreement, with the schedule of disbursement varying in accordance with the type of project generally as follows: i. For new construction projects, the Affordable Housing Grant is disbursed upon successful approval of the foundation inspection under the approved building permit. ii. For conversion projects, 50% of the Affordable Housing Grant is disbursed upon completion of all pre-drywall inspection under the approved building permit, with the other 50% disbursed upon issuance of an occupancy permit. c) Grant funding will be dependent upon the number of applications received and the City receiving any anticipated external funding toward the Program (e.g. Housing Accelerator Fund). d) The City may cancel a grant award at any time based upon the following: i. Changes to the availability of external funding for the Affordable Housing Grant Program that result in reductions to the annual budget for the Program. ii. Changes to the design of the building during construction that do not comply with the eligibility requirement of the Program. iii. Significant delay in the construction timeline of the project that compromises the availability of external funding to the Program. 7. Project Eligibility Requirements To be eligible for consideration, grant applications must meet the following requirements: 6 a)The applicant must submit a complete application form that includes all required information. The Grant Committee reserves the right to determine whether the application is complete or incomplete. b) For a project to be considered for the Affordable Housing Grant, all planning approvals must have been applied for or be in place. Prior to execution of a grant agreement with the City, planning approvals include confirmation that the project is in compliance with the Municipal Plan and Zoning By-law. c) The applicant must be the registered owner, acting on behalf of the registered owner with written permission, or provide proof of an option agreement or purchase and sale agreement of the property. d) The project must propose the creation of a minimum of 5 net new affordable housing units. e) Eligible projects must propose one of the following: i. New construction ii. Conversion of an existing commercial or institutional use f) Eligible project types include the following: i. Community and affordable housing ii. Mixed-housing (market / affordable rental units) iii. Transitional or supportive housing g) The project must be aligned with the overall vision and objectives of the Affordable Housing Action Plan. h) Projects are encouraged to attach their building permit application to the grant application. The project will be considered ineligible should an applicant not obtain a full building permit for the project within 12 months of applying for a grant, unless written consent is provided by the Commissioner of Growth and Community Services. i) Projects which have undertaken site preparation work (e.g. demolition), or obtained a building permit but have not advanced past the pouring of foundations are eligible to apply for an Affordable Housing Grant. j) Applications will not be considered if construction has already commenced on the project, as defined by the date at which a building permit has been issued. k) The project shall be located within the Primary Development Area as defined by the Municipal Plan. l) The project shall be appropriate to the area as determined by compliance with the Municipal Plan and Zoning By-law. m) Proof of funding sources including confirmation of Federal or Provincial funding and/or 7 confirmation of funds from a Canadian Financial Institution shall be provided. n) Housing Program or a letter of intent through a CMHC Funding Program. 8. Grant Evaluation Criteria 8.1 Grant Committee Applications will be reviewed and awarded by a Grant Committee appointed by the Commissioner of Growth and Community Services. a) The Committee may request additional documentation from the applicant to support their application, including financial statements of the organization, correspondence from other funding partners, and quotes or invoices. b) Funding will be committed in the order of the projects that score the highest number of points according to the quantitative/qualitative evaluation criteria. Eligible projects that are not selected may be considered through subsequent Grant Committee meetings. 8.2 Project Evaluation The Grant Committee will score projects based on a quantitative score weighing 60% and the qualitative score weighing 40% of the total available points below. Б͵Ћ͵Њ vǒğƓƷźƷğƷźǝĻ {ĭƚƩĻ Affordable Unit Count 1 point per unit Project is located within an Intensification Area as defined by 5 points Schedule A of the Municipal Plan Application includes a building permit submission with full set of drawings, including site plan and floor plans or letter of commitment 5 points from the Department of Social Development A project proposing one or more affordable three-bedroom units or 1 point per three-bedroom or townhouse units townhouse unit $2,500 per unit bonus A project which retrofits a vacant building into affordable units - 0.5 point per retrofitted unit $5,000 per unit bonus A project which achieves better than minimum standards for 3 points per each additional accessibility towards new development or retrofitting accessible unit on top of $2,500 per unit bonus provincial requirement Project seeking to provide a high degree of energy efficiency to ensure long term affordability by meeting 2017 National Energy 3 points Code requirements 8 $5,000 bonus Total Possible Points 100 points Б͵Ћ͵Ћ vǒğƌźƷğƷźǝĻ {ĭƚƩĻ Capability, experience, track record of the applicant and any partners, including their General Contractor, and the acceptability of 30 points the construction timeline Depth of affordability and duration 30 points Demonstrated funding sources and project readiness 20 points Alignment with the Affordable Housing Action Plan, Housing Needs 10 points Assessment, and Municipal Plan Level of meaningfulness of the grant towards the project and 10 points equitable distribution of grants Total Possible Points 100 points 9. Administration a) All costs associated with the preparation and submission of an application under this Policy are the responsibility of the applicant. The City shall not pay any costs incurred by an applicant in the preparation and submission of an application under this policy, or any costs incurred in relation to the execution and delivery of a grant agreement. b) Fulfillment of bonus criteria which was applied for may be audited at the expense of the applicant upon project completion. c) Should a grant expire, the funds allocated to that project will revert to the Grant Reserve Fund and the next eligible project will be evaluated. a) Prior to entering into a grant agreement with an applicant or payment of any grant under this Policy, the City may withhold payment should any of the following be determined: i.) The property taxes and/or water and sewage fees for the property have not been paid in full, or, ii.) The property is in violation of City By-laws including but not limited to the Building By- law, Zoning By-law, or Municipal Plan. 9 10. Outcomes Report a) Funding recipients will be required to submit an outcomes report outlining how the funds were used. These reports will be made publicly available. b) The City reserves the right to request additional information or explanation of such reports. c) The funding recipient shall be liable to reimburse the entirety of the amount paid under the following conditions: i. If the funding recipient utilizes the funding for purposes other than that which is contemplated in their application without written consent of the City 1 GRANT AGREEMENT THIS AGREEMENT made in duplicate this ____ day of _______________, \[202x\]. BY AND BETWEEN: _________________________ of the _________________________________ and Province of New Brunswick a body corporate duly registered under the laws of the Province of New Brunswick (hereinafter called the ) OF THE FIRST PART And THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislature of the Province of New Brunswick (hereinafter called the ) OF THE SECOND PART WHEREAS the City supports the development of new affordable housing units through its Affordable Housing Action Plan and acknowledges the need for additional financial support for this form of development; and WHEREAS at its meeting held the _________________ the City adopted an Affordable Housing Grant Program Policy () to support the development of affordable housing in the City; and WHEREAS the Developer has applied for a : \[New construction / conversion\] affordable housing grant for a property bearing PID ___________________ (the ) and the proposed development meets the eligibility requirement for the said program; and WHEREAS the Policy requires that an applicant who meets the eligibility requirement of a given Program under the Policy enter into a Grant Agreement in order to receive the Grants contemplated in a given Program; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto covenant and agree each with the other as follows: 1. The development for which the grant contemplated in this Agreement shall be paid is outlined in the prescribed application form and all required supporting documents ). 2. The Affordable Housing Grant Program is established by the Policy which is Agreement. 2 3. The City shall, pursuant to the terms and conditions identified herein, pay to the Developer a total grant amount of \[$__________\]. 4. \[Grant to the Developer of the New Construction project is conditional upon: a. the City completing an inspection which confirms that the relevant incentive program eligibility criteria have been met; b. budget, other project budgets such as Housing Accelerator Fund, and/or other funding sources; and, c. S approved Building Permit\]. 5. Conversion project is conditional upon: a. the City completing an inspection which confirms that the relevant incentive program eligibility criteria have been met; b. budget, other project budgets such as Housing Accelerator Fund, and/or other funding sources; c. Successful approval of the pre-drywall approved Building Permit, at which point the City will disburse 50% of the Grant; and, d. Successful completion of the project under the approved Building Permit, at which point the City will disburse the remaining 50% of the Grant\]. 6. The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that Policy funding may change in future years or be cancelled altogether based upon availability of external funding sources for the Program. Should this occur, the Developer acknowledges that it shall have no legal recourse against the City. 7. Prior to the payment of any grant contemplated in this Agreement and identified in this Policy, the City has the right to withhold payment should it be determined that the property taxes and/or water and sewerage fees for the Property have not been paid in full. 8. Prior to the payment of any grant contemplated in this Agreement, the City may require an audit of required supporting documentation submitted with the application to ensure its validity at the expense of the applicant. Termination 3 9. The City may terminate this Agreement without notice upon the occurrence of one of the following events: a. changes are made to the design of the building during construction that do not comply with the eligibility criteria of the relevant incentive program for the grants contemplated in this Agreement; b. Common Council, by resolution, rescinds the Policy; or c. The Project experiences significant delay in its construction timeline that compromises the availability of external funding to the Program committed toward the Project. 10. This Agreement may not be assigned without the written consent of the City. 11. This Agreement shall be governed by the laws of the Province of New Brunswick. 12. No amendment of this Agreement is effective unless made in writing and signed by a duly authorized representative of each of the City and the Developer. No waiver of any provision of this Agreement is effective unless made in writing, and any such waiver has effect only in respect of the particular provision or circumstance stated in the waiver. No representation by either of the parties with respect to the performance of any obligation under this Agreement is capable of giving rise to an estoppel unless the representation is made in writing. 13. Each party shall be responsible for paying its own costs and expenses incurred in connection with the execution and delivery of this Agreement. 14. This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed by the properly authorized officers and their respective corporate seals affixed hereto the day and year first above written. SIGNED, SEALED AND DELIVERED ) in the presence of: ) ) ) Per: __________________________ ) Name: ) Title: ) ) THE CITY OF SAINT JOHN ) ) ) __________________________ ) Mayor ) ) ) __________________________ ) City Clerk ) 4 ) Common Council Resolution: ) ) __________________________ SCHEDULE A (Application Form) SCHEDULE B (Affordable Housing Grant Program Policy) SCHEDULE C (Affidavit of Corporate Execution) CƩƚƒʹwĻĬĻƉğŷ \[ĻĻ W ѡƩĻĬĻƉğŷ͵ƌĻĻ͵Ɔθŭƒğźƌ͵ĭƚƒѢ {ĻƓƷʹ {ǒƓķğǤͲ WǒƓĻ ЌЉͲ ЋЉЋЍ ЊЊʹЉА ta ƚʹ /ƚƒƒƚƓ /ƌĻƩƉ ѡĭƚƒƒƚƓĭƌĻƩƉθƭğźƓƷƆƚŷƓ͵ĭğѢͳ /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ ağǤƚƩγƭ hŅŅźĭĻ ѡƒğǤƚƩθƭğźƓƷƆƚŷƓ͵ĭğѢͳ ağĭYĻƓǩźĻͲ WƚŷƓ ѡƆƚŷƓ͵ƒğĭƉĻƓǩźĻθƭğźƓƷƆƚŷƓ͵ĭğѢͳ IğƩƩźƭͲ .ƩĻƓƷ ѡĬƩĻƓƷ͵ŷğƩƩźƭθƭğźƓƷƆƚŷƓ͵ĭğѢͳ {ǒƌƌźǝğƓͲ DğƩǤ ѡŭğƩǤ͵ƭǒƌƌźǝğƓθƭğźƓƷƆƚŷƓ͵ĭğѢͳ YźƌƌĻƓͲ WƚğƓƓğ ѡƆƚğƓƓğ͵ƉźƌƌĻƓθƭğźƓƷƆƚŷƓ͵ĭğѢͳ bƚƩƷƚƓͲ DƩĻŭ ѡŭƩĻŭ͵ƓƚƩƷƚƓθƭğźƓƷƆƚŷƓ͵ĭğѢͳ hŭķĻƓͲ .ğƩƩǤ ѡĬğƩƩǤ͵ƚŭķĻƓθƭğźƓƷƆƚŷƓ͵ĭğѢͳ IźĭƉĻǤͲ 5ğǝźķ ѡķğǝźķ͵ŷźĭƉĻǤθƭğźƓƷƆƚŷƓ͵ĭğѢͳ \[ƚǞĻͲ DĻƩƩǤ ѡŭĻƩƩǤ͵ƌƚǞĻθƭğźƓƷƆƚŷƓ͵ĭğѢͳ wğķǞğƓͲ tğǒƌğ ѡƦğǒƌğ͵ƩğķǞğƓθƭğźƓƷƆƚŷƓ͵ĭğѢͳ {ƷĻǞğƩƷͲ DƩĻŭ ѡŭƩĻŭ͵ƭƷĻǞğƩƷθƭğźƓƷƆƚŷƓ͵ĭğѢ /ĭʹ ƭğǝĻƩƚĭƉǞƚƚķƦğƩƉθŭƒğźƌ͵ĭƚƒ {ǒĬƆĻĭƷʹ tƌĻğƭĻ ƩĻƭĭźƓķ ƒƚƷźƚƓ Ʒƚ ķĻƭźŭƓğƷĻ ЊЏАЊ {ğƓķǤ tƚźƓƷ wķ ƦƩƚƦĻƩƷǤ ğƭ ƭǒƩƦƌǒƭ Some people who received this message don't often get email from rebekah.lee.j@gmail.com. Learn why this is important \[ External Email Alert\] **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 the IT Service Desk.** To the Saint John council and government officials, On February 20, 2024, the Saint John Common Council passed a motion to declare #1671 Sandy Point Road, a 13 acre part of Rockwood Park, as surplus land without any public consultation. Only 35% of this lot is cleared but it is often characterized as vacant and underutilizes, despite hosting 9 acres of lake-side forest and the popular Harrigan Lake Trail. While I support growing Saint John and reducing the vacancy rate, there are plenty of areas for housing development that would not compromise Saint This park is used by citizens of Saint John and beyond during all seasons. The Council must remember that one of its most important not sell off any part of Rockwood Park for potential short-term gain. I request that this motion be rescinded as soon as possible when the full council is present. Further, I encourage the Mayor to restore public trust by immediately committing to eliciting public opinion through a consultation period for every decision that will have lasting impacts on how the land within the boundaries of Saint John city parks will be used (including but not limited to Rockwood Park). This includes consultation on selling, rezoning, surplus or any other use that has the potential to impact environmental or aesthetic values. Rather than selling lot 1671 Sandy Point Road for development, I would like to see the areas of Rockwood Park along Sandy Point Road protected by a conservation agreement (conservation easement or covenant) to ensure the long- term enjoyment of this cherished green space. I also encourage the city to develop a plan for 1671 Sandy Point Road. This may include taking advantage of sunk costs by building park facilities or reforesting cleared land. I worry that rezoning, selling and developing the 13 acres of civic parkland designated as 1671 Sandy Point Rd will: set an unintended, short-sighted precedent which may help to "clear the way" for other areas of Rockwood Park that are not protected by a conservation agreement to be developed. have impacts on the environment - 65% of the property is forested and therefore provides habitat to wildlife and helps to mitigate the impacts of climate change. increase the input of salt and effluent from vehicles into the lake which will decrease water quality for fish, freshwater mussels, amphibians, loons and beavers. increase traffic issues in this area, which will pose a risk to human and wildlife health, affect the enjoyment of park users hiking on trails near Harrigan Lake on the Harrigan Lake Trail, Golf Trax Trail and Tour de Pants Trail. diminish the economic and intrinsic value of the park. Rockwood Park is a gem, just the way it is. Please rescind the motion to surplus this property as soon as possible. Sincerely, Rebekah Johnson Registered Nurse 74 Watson at Saint John, NB CƩƚƒʹ/źƷǤ ƚŅ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ ѡǞĻĬŅƚƩƒΏƓƚƩĻƦƌǤθƭğźƓƷƆƚŷƓ͵ĭğѢ {ĻƓƷʹ ǒĻƭķğǤͲ WǒƌǤ ЋͲ ЋЉЋЍ ВʹЌЎ ta ƚʹ /ƚƒƒƚƓ /ƌĻƩƉ ѡĭƚƒƒƚƓĭƌĻƩƉθƭğźƓƷƆƚŷƓ͵ĭğѢ {ǒĬƆĻĭƷʹ ‘ĻĬŅƚƩƒ ƭǒĬƒźƭƭźƚƓ ŅƩƚƒʹ {ǒĬƒźƭƭźƚƓ Ʒƚ /ƚǒƓĭźƌ CƚƩƒ \[ External Email Alert\] **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 the IT Service Desk.** Submitted on Tue, 07/02/2024 - 21:33 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Nick Last name Cameron Name of organization/group (where applicable) Saint John Cycling Mailing Address Telephone Email If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this box. No About your Submission Topic of submission Parcel off Harrigan Lake Trail from 1671 Sandy Point Road. Purpose for submission (what is the ask of council): Protect Harrigan Lake Trail and use sale revenue of 1671 Sandy Point Road for park enhancements. Executive summary 1. Subdivide forested and lakeside land to preserve the Harrigan Lake Trail. 2. Make already cleared land available for much needed housing and use sale revenue for park enhancements (new crosswalks or paved shoulders to the park). 3. Establish a conservation easement on retained parkland at Harrigan Lake. 4. Clearly communicate what is currently parkland and what is not. 5. Next year, begin work to establish a long-term vision and strategy for Rockwood Park that promotes sustainable transportation to the park, and balances recreation development, environmental conservation, and development pressures surrounding the park. Document Uploads Harrigan Lake Trail Parcel -July 2nd 2024.pdf(155.81 KB) nd July 2, 2024 Dear Mayor and Council, Saint John Cycling would like to present a proposal for 1671 Sandy Point Road (see sketch below). Our board feels this option presents a win-win for Rockwood Park users, environmental conservation and helping to relieve housing development pressures. Summary 1. Subdivide forested and lakeside land to preserve the Harrigan Lake Trail. 2. Make already cleared land available for much needed housing and use sale revenue for park enhancements (e.g. new crosswalks or paved shoulder to the park). 3. Establish a conservation easement on retained parkland at Harrigan Lake. 4. Clearly communicate what is currently parkland and what is not. 5. Next year, begin work to establish a long-term vision and strategy for Rockwood Park that promotes sustainable transportation to the park, and balances recreation development, environmental conservation, and development pressures surrounding the park. By subdividing the land as shown in the above sketch, the Harrigan Lake Trail and forested lands are preserved, while already cleared areas may be sold for much needed housing. Saint John Cycling encourages the City to further explore how the retained parklands may be enhanced through a conservation easement and by re-investing revenue from the land sale such as trail improvements, new crosswalks or paving shoulders leading to the park. With the support of a generous donor, Saint John Cycling extended the Harrigan Lake Trail in 2022, doubling its length. We are proud of this work and wish to preserve it for the benefit of all trail users. While the park is beautiful, its main downfall is that it is surrounded by a moat of asphalt, making driving the primary mode to access and enjoy Rockwood Park. Saint John Cycling welcomes the opportunity for more residents to live within walking and cycling distance to the park. Saint John Cycling also recognizes development pressures within this desirable area and the impact that can have on the ecosystem of the park. We wish to offer our knowledge of Rockwood Park to City staff, Council and developers for future projects. While we are not housing experts, we are happy to advise on park usage, and preservation strategies for current/future uses within the park. This issue has highlighted the need for community planning in this area. We recommend that the City begin work to establish a long-term vision and strategy for Rockwood Park that promotes sustainable transportation to the park and balances recreation development, environmental conservation, and development pressures surrounding the park. We look forward to further engagement on this one-of-a-kind natural asset. Sincerely, Martin Palkovic Nick Cameron Saint John Cycling, President Saint John Cycling, Government Liaison president@saintjohncycling.com nick@culturehub.ca 506-721-3516 506-271-7918 About Saint John Cycling Saint John Cycling is a volunteer organization with over 400 members which build and maintain +40KM of single-track trails in Rockwood Park. In the last four years, Saint John Cycling has fundraised over $285,000 and our members have put in over 4,000 volunteer hours to build and maintain trails in Rockwood Park. Our volunteer leaders are trained on sustainable trail building techniques promoted by the International Mountain Biking Association (IMBA). Saint John Cycling also hires local professionals and collaborates with City staff. Rockwood Park is a crown jewel of the region and we are proud to be responsible stewards. CƩƚƒʹ/źƷǤ ƚŅ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ ѡǞĻĬŅƚƩƒΏƓƚƩĻƦƌǤθƭğźƓƷƆƚŷƓ͵ĭğѢ {ĻƓƷʹ {ǒƓķğǤͲ WǒƓĻ ЋЌͲ ЋЉЋЍ ВʹЎВ ta ƚʹ /ƚƒƒƚƓ /ƌĻƩƉ ѡĭƚƒƒƚƓĭƌĻƩƉθƭğźƓƷƆƚŷƓ͵ĭğѢ {ǒĬƆĻĭƷʹ ‘ĻĬŅƚƩƒ ƭǒĬƒźƭƭźƚƓ ŅƩƚƒʹ {ǒĬƒźƭƭźƚƓ Ʒƚ /ƚǒƓĭźƌ CƚƩƒ \[ External Email Alert\] **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 the IT Service Desk.** Submitted on Sun, 06/23/2024 - 21:56 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Lorna Last name Brown Mailing Address Telephone Email 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 Submission Topic of submission Rogers Communications Inc's proposal to construct a wireless communications installation at 34 Mount Pleasant Ave in East Saint John Purpose for submission (what is the ask of council): Request to the City from the majority of nearest neighbours not to grant Rogers Communications Inc. a concurrence to construct a wireless communications installation at 34 Mount Pleasant Ave in East Saint John Executive summary Rogers Communications Inc proposes to build a wireless communications installation, a 35-metre tower, on the property of the Full Gospel Assembly at 34 Mt Pleasant Ave in East Saint John. This is an established community, an old neighbourhood - some of us grew up here and we have welcomed good changes over the decades. The Full Gospel Assembly and Irving Oil for example have been excellent neighbours; their buildings are positives in this small neighbourhood. The proposed tower however will be an eyesore, out of keeping of the neighbourhood, and will ruin what is arguably the best view of the skyline in Saint John. Despite the nearby presence of industry, this part of old East Saint John is remarkably green and appealing. If the City grants a concurrence to Rogers, the appeal will be dimmed, and the value of the properties will decrease. In addition to this, there are other nearby hills that do not include houses, let alone homes that families have lived in for 50 or 70 years. Rogers could pursue building on one of those, not ruin this beloved neighbourhood, and be a good corporate neighbour like the Irvings. Document Uploads Letter to City with photos of original (with signatures).docx (1.32 MB) 1 To: Her Worship Mayor Donna Reardon and Common Council City Hall 15 Market Square Saint John NB E2L 4L1 From: Lorna Brown 5 First Street East Saint John NB E2J 1E4 506 476 1260 lornamariebrown@gmail.com Your Worship and Councillors: Below is the text (in italics) of an email sent as part of the public consultation on the construction of a cell tower in our neighbourhood. You were all copied on the email. This original is presented as a hard copy because it contains signatures. We will also fill in the online form The quoted text is followed by the signatures of neighbours who join in opposition to the proposed construction. We request Yours sincerely, Lorna Brown To: A1116 Saint John Bayside Drive Agent for Rogers Communications Inc. Michele Klein, Municipal Planner Scott Telecom Services Ltd. Suite 900, Bow Valley Square 1 th 202 6 Avenue SW Calgary AB T2P 2R9 Dear Ms Klein, I am writing, as part of the public consultation, to express my profound concern about the proposed building of a wireless communications installation at 34 Mount Pleasant Avenue, East Saint John, NB. The concern is shared by several of my neighbours. Letter to Mayor and Common Council re proposed Rogers installation, 34 Mount Pleasant Avenue East 2 This is an established community, an old neighbourhood - some of us grew up here - which is not to imply that we are resistant to change. Quite the reverse. We have seen many good changes over the decades, and we have welcomed them. The building of the church decades ago is an example. The Full Gospel Assembly has always been a good neighbour. Irving, too, has been an excellent neighbour, always responsive to requests and suggestions. When Irving bought the decommissioned East Saint John Elementary School from the church, they did a sensitive heritage restoration of the exterior in keeping with the nature of the neighbourhood. It is a joy to look at. The proposed tower will not be a joy to look at. It will be ugly. The simulations in the document sent show an eyesore, out of keeping of the neighbourhood - and that is if the simulation is accurate. The reality could easily be even worse, with attachments near the top of the tower. The proposed installation will ruin what is arguably the best view of the skyline in Saint John. Despite the nearby presence of industry, this part of old East Saint John is remarkably green and appealing. If Rogers pursues its current plans, the appeal will be dimmed, and the value of the properties will decrease. In addition to this there are other nearby hills that do not include houses, let alone homes that families have lived in for 50 or 70 years. Rogers could pursue building on one of those, not ruin this beloved neighbourhood, and be a good corporate neighbour like the Irvings. Letter to Mayor and Common Council re proposed Rogers installation, 34 Mount Pleasant Avenue East 3 Letter to Mayor and Common Council re proposed Rogers installation, 34 Mount Pleasant Avenue East 4 Letter to Mayor and Common Council re proposed Rogers installation, 34 Mount Pleasant Avenue East 5 Letter to Mayor and Common Council re proposed Rogers installation, 34 Mount Pleasant Avenue East 6 Letter to Mayor and Common Council re proposed Rogers installation, 34 Mount Pleasant Avenue East M&CNo.n/a ReportDateJune24,2024 MeetingDateJuly 8, 2024 ServiceAreaChief Administrative Officer SUBJECT:Provincial Candidates Invited to Address Common Council EXECUTIVESUMMARYOFCOMMITTEEOFTHEWHOLEREPORTFOROPEN SESSION OF COUNCIL The objective is to gain insight into each party's plans and interests as they relate to priorities and to understand their positions on each of these priorities. COUNCILRESOLUTION That Common Council invite each party leader participating in the upcoming Provincial General Election, along with their candidates from the Saint John ridings, to present their platform at a special open session meeting of Common Council on either August 26, 2024, or September 9, 2024, depending upon the availability of the party leaders. Each party will be offered 30 minutes to present, with ten minutes provided for questions from Common Council; and Furthermore, the CEO of Saint John Energy and the Chief of Police for the Saint John Police Force be invited to attend to hear the presentations. M&C No.2024-179 Report DateJuly 02, 2024 Meeting DateJuly 08, 2024 Service AreaPublic Works and Transportation Services SUBJECT: License Agreement: Commercial Properties Ltd. – 12 Smythe Street PID 55125199 ‘Red Rose Tea Lot’ EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The purpose of this council report is to enter into a license agreement with Commercial Properties Ltd. for the use of parking spaces at PID 55125199known as the Red Rose Tea Lot, in accordance with the terms of the agreement. COUNCIL RESOLUTION RESOLVED that the City of Saint John enter into a License Agreement with Commercial Properties Ltd. – 12 Smythe Street (Red Rose Tea Lot), in the form as attached to M&C No. 2024-179; for the use of parking spaces on PID 55125199, and further that the Mayor and City Clerk be authorized to execute the said licenseagreement. M&C No.2024-180 Report DateJuly 02, 2024 Meeting DateJuly 08, 2024 Service AreaPublic Works and Transportation Services SUBJECT: Amendment of License Agreement –Update to Enforcement Language -20 Dorchester Street (PID 38000 and 38018) EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The purpose of this council report is to amend the license agreementwith Commercial Properties Ltd. to incorporate wording forthe use ofboth Hotspot Parking Inc. technology and data for enforcement of parking spaces situated on Sewell Street and Station Street identified as PID 55220073 and 55204713,and atDorchester Street lot identified as PID 38000 and 38018. COUNCIL RESOLUTION RESOLVED that the City of Saint John enter into an amendment of the terms and conditions within the existing license agreement with Commercial Properties. –as attached to M&C No. 2024-180 and further that the Mayor and City Clerk be authorized to execute said amendment to the license agreement. M&C No.2024-185 Report DateJuly 02, 2024 Meeting DateJuly 08, 2024 Service AreaCorporate Services SUBJECT: Memorial Garden Agreement for South Central Peninsula School EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL In October 2023, Council resolved that the City enter into an Agreement of Purchase and Sale with the Province of New Brunswick for the sale of twelve parcels of land for a new school to be built in the South Central Peninsula. The resolution included a direction to amendthe agreementto address the monument located on a portion of the lands being conveyed to the Province. The City, in consultation with People United in the Lower South End(P.U.L.S.E. Inc.), discussed the most appropriate and respectful way to address the Memorial Garden. After thorough discussions, a plan was devised to ensure the safe keeping and proper acknowledgment of the Memorial Garden before, during, and after constructionof the new school. With this approach in mind, the City and the Province successfully negotiated and drafted the Memorial Garden Agreement. The purpose of this report is to seek direction of Common Council to enter into Memorial Garden Agreement generally in the form as presented to Committee of the Whole at its meeting held July 8, 2024with the Province of New Brunswick. COUNCIL RESOLUTION That the City enter into the Memorial Garden Agreement generally in the formas presented to Committee of the Whole at its meeting held July 8, 2024for the handling of the Turner-Brewer Memorial Gardencurrently partly located on PID 55019731 with components of it being located on PIDs 00001560 and 00001552, and that the Mayor and Clerk be authorized to execute the said Memorial Garden Agreementand any other documents ancillary thereto. M&C No.2024-186 Report DateJuly 03, 2024 Meeting DateJuly 08, 2024 Service AreaCorporate Services SUBJECT: Hayes Litigation -Costs EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL In May, the Supreme Court of Canada dismissed the City’s Leave to Appeal Application in the Hayes litigation. The purpose of this report is to seek authority for the City to settle the Plaintiff’s costs in the litigation. COUNCIL RESOLUTION That the City settle the Plaintiffs’ costs in the Hayes Litigation matter as follows: a)The all-inclusive amount of $70,000 for the trial and the appeal; and b)The all-inclusive amount of $1,500 for the Supreme Court of Canada Leave to Appeal Application