2024-07-08_Agenda Packet--Dossier de l'ordre du jour
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Committee of the Whole
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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:
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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
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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.
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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
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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.
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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:
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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
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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:
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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.
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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.
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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
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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
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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
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Agreement with recommendation
A
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No letters received regarding applicationApplicant appeared before PAC
E
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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.
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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:
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APPLICANTEMAILPHONE
TibcbibuTiblffm<tibcbibu9:Ahnbjm/dpn<)617*765.2617
MAILING ADDRESS POSTAL CODE
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MAILING ADDRESS POSTAL CODE
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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
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6:/16n/jotufbepgnjo/71n/sfrvjsfeczuif{pof/
5
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General Collection Statement
I, the undersigned, hereby apply for the permit(s) or approval(s), indicated
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This information is being collected in order for the City of Saint John to deliver an existing
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information with any third party without your express consent.
conditions imposed.
TibcbibuTiblffm
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_______________________________________________________
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Applicant Name
regarding the collection of personal information, please contact the Access & Privacy Officer:
_______________________________________________________
CityHallBuilding
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Bqsjm7-3135
_______________________________________________________
commonclerk@saintjohn.ca
Date
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Council Application
GROWTH & COMMUNITY SERVICES
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:21GbjswjmmfCpvmfwbse-TbjouKpio-OC-F3N6U6
CIVIC ADDRESSAPPLICATION #FEE PAID
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TYPE OF APPLICATION
Land for PublicPurposesNon-Conforming UseSatisfactory Servicing
5
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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
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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
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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,
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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
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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
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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
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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
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{ǒĬƆĻĭƷʹ ĻĬŅƚƩƒ ƭǒĬƒźƭƭźƚƓ ŅƩƚƒʹ {ǒĬƒźƭƭźƚƓ Ʒƚ /ƚǒƓĭźƌ CƚƩƒ
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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
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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