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2024-10-01_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Tuesday, October 1, 2024 6:00 pm 2nd 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 City's Website (www.saintjohn.ca) or on Rogers TV. Pages 1. Call to Order 1.1 Land Acknowledgement 1.2 National Anthem 2. Approval of Minutes 2.1 Minutes of September 16, 2024 6 - 19 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Contract 2024-092208P — Consulting Services — North End Secondary Plan 20 - 32 (Recommendation in Report) 5.2 Thorne Avenue Rail Crossing Safety Improvement - Federal Funding 33 - 58 (Recommendation in Report) 5.3 Proposed 2025 Common Council Meeting Schedule (Recommendation in 59 - 60 Report) 5.4 Correction to M&C 2024-249 RFP-2024-092203P - Consulting Services - 61 - 66 Comprehensive Parking Study (Recommendation in Report) 6. 7. 10 5.5 Agreement on the Canada Community -Building Fund (CCBF) with Local 67 - 101 Governments (2024-2033) (Recommendation in Report) 5.6 Provincial -Municipal Highway Partnership Program Application 102 - 111 (Recommendation in Report) Members Comments Proclamation 7.1 Seniors for Climate Day - October 1, 2024 112 - 112 7.2 Wrongful Conviction Day - October 2, 2024 113 - 113 7.3 Green Sports Day - October 6, 2024 114 - 114 7.4 Dyslexia Awareness Month - October 2024 115 - 115 7.5 Latin American Heritage Month - October 2024 116 - 116 Delegations / Presentations Public Hearings - 6:30 p.m. 9.1 Proposed Zoning By -Law Amendment with Staff Presentation and Planning 117 - 169 Advisory Committee report - 461,471 and 473-475 Millidge Avenue (1 st and 2nd Reading) 9.2 Proposed Zoning By -Law Amendment with Staff Presentation and Planning 170 - 222 Advisory Committee report - 665-669 Loch Lomond Road and 0 Commerce Drive (1st and 2nd Reading) 9.3 Proposed Municipal Plan and Zoning By -Law Amendment with Staff 223 - 306 Presentation and Planning Advisory Committee report - 0 Nason Road / Martha Avenue (1st and 2nd Reading) Consideration of By-laws 10.1 Public Presentation Notice - Proposed Municipal Plan Amendment - 221, 251 307 - 326 and 271 Lancaster Avenue Submissions by Council Members Business Matters - Municipal Officers 12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy (Verbal) 12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 275 327 - 351 2 13 14 15 16 17 im Thornbrough Street (PID 00468926) Committee Reports Consideration of Issues Separated from Consent Agenda General Correspondence 15.1 Petition re: Better Belyea Transitional Housing Proposal (Recommendation in Report) 15.2 PMG Living Inc.: Architectural stamps on building permit application (Recommendation: Refer to CAO for follow-up) 15.3 Champlain Heights Community Association: Traffic Control (Recommendation: Refer to Public Safety Committee and a copy of the letter be forwarded to the Saint John Board of Police Commissioners) Supplemental Agenda Committee of the Whole 17.1 CAO Performance Review 17.2 Regional Development Corporation Financial Support - Menahgesk Wabanaki Traditional Powwow 17.3 Atlantic Lottery Corporation Inc. - Menahgesk Wabanaki Traditional Powwow 17.4 Sale of 400 Lowell Street (former Hilton Belyea Arena Property) 17.5 Fundy Quay Development Land Swap 17.6 Total Development Fund Agreement Adjournment 352 - 364 365 - 366 367 - 367 368 - 368 369 - 369 370 - 370 371 - 371 372 - 372 373 - 373 3 City of Saint John Common Council Meeting Tuesday, October 1, 2024 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m., 2nd Floor Boardroom, City Hall 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 Land Matter 68(1)(d) 1.6 Financial Matter 68(1)(c,d) 1.7 Land Matter 68(1)(d) 1.8 Financial Matter 68(1)(c) Ville de Saint John Seance du conseil communal Mardi le ter octobre 2024 18h 2e etage de la salle du conseil communal, hotel de ville Un moyen de communication electronique sera utilise lors de cette reunion. Le public peut assister a la reunion en personne dans la salle du conseil ou la regarder sur le site Web de la ville (www.saintjohn.ca) ou sur Rogers TV. Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet dune discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h 30 — Comite plenier a huis clos — Salle de conference du 2e etage 1.1 Approbation du proces-verbal 68 (1) 1.2 Question financiere 68(1)(c) 1.3 Question financiere 68(1)(c) 1.4 Question financiere 68(1)(c) 1.5 Question fonciere 68(1)(d) 1.6 Question financiere 68(1)(c,d) 1.7 Question fonciere 68(1)(d) 1.8 Question financiere 68(1)(c) Seance ordinaire 1. Ouverture de la seance 1.1 Reconnaissance territoriale 1.2 Hymne national 2. Approbation du proces—verbal 2 2.1 Proces-verbal du 16 septembre 2024 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 Contrat 2024-092208P — Services de conseil — Plan secondaire pour le nord de la ville (recommandation clans le rapport) 5.2 Amelioration de la securite du passage a niveau de I'avenue Thorne — Financement federal (recommandation clans le rapport) 5.3 Calendrier propose pour les reunions du Conseil communal en 2025 (recommandation clans le rapport) 5.4 Correction apportee au document M&C-2024-092203P — services de conseil — etude complete sur le stationnement (Recommandation clans le rapport) 5.5 Accord sur le Fonds pour le developpement des collectivites du Canada (FDCC) avec les gouvernements locaux (2024-2033) (Recommandation clans le rapport) 5.6 Demande de programme de partenariat routier provincial -municipal (recommandation clans le rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journee d'action des aines pour le climat — ter octobre 2024 7.2 Journee des condamnations injustifiees — 2 octobre 2024 7.3 Journee des sports verts — 6 octobre 2024 7.4 Mois de la sensibilisation a la dyslexie — septembre 2024 7.5 Mois du patrimoine latino-americain — octobre 2024 8. Delegations et presentations 9. Audiences publiques 9.1 Proposition de modification de I'arrete de zonage avec presentation du personnel et rapport du comite consultatif d'urbanisme — 461, 471 et 473-475 avenue Millidge (1re et 2e lectures) 9 9.2 Proposition de modification de 1'arrete de zonage avec presentation du personnel et rapport du comite consultatif d'urbanisme — 665-669 Loch Lomond Road et 0 Commerce Drive (Ire et 2e lectures) 9.3 Modification du plan municipal et de 1'arrete de zonage avec presentation du personnel et rapport du Comite consultatif d'urbanisme — 0 Nason Road / avenue Martha (Ire et 2e lecture) 10. Etude des arretes municipaux 10.1 Avis de presentation publique — Proposition de modification du plan municipal — 221, 251 et 271, avenue Lancaster 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Mise a jour de I'administrateur en chef sur certains projets catalyseurs et la defense des interets (verbal) 12.2 Demolition dun batiment vacant, delabre et dangereux situe au 275 rue Thornbrough (NID 00468926) 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 Petition concernant : Proposition de logement transitoire Better Belyea (recommandation du rapport) 15.2 PMG Living Inc : Tampons architecturaux sur la demande de permis de construire (Recommandation : Renvoi au CAO pour le suivi) 15.3 Champlain Heights Community Association : Controle du trafic (Recommandation : Renvoyer a la commission de la securite publique et transmettre une copie de la lettre au conseil des commissaires de police de Saint John.) 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Examen du rendement du directeur general 17.2 Soutien financier de la Societe de developpement regional — Powwow traditionnel Menahqesk Wabanaki 0 17.3 Societe des loteries de I'Atlantique Inc. - Powwow traditionnel Menahqesk Wabanaki 17.4 Vente du 400 Lowell Street (ancienne propriete de Hilton Belyea Arena) 17.5 Lhange de terrains pour le developpement de Fundy Quay 17.6 Accord du Fonds Total de Developpement 18. Levee de la seance 5 COMMON COUNCIL / CONSEIL COMMUNAL September 16, 2024 / le 16 septembre 2024 MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN SEPTEMBER 16, 2024 AT 6:00 PM 2ND 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 City's 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, virtual participation Councillor Ward 1 Greg Norton, virtual participation Councillor Ward 1 Joanna Killen, virtual participation Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 3 David Hickey Councillor Ward 4 Greg Stewart, virtual participation Councillor Ward 4 Paula Radwan Also Present: Chief Administrative Officer B. McGovern General Counsel M. Tompkins Chief Financial Officer K. Fudge Fire Chief R. Nichol Commissioner Utilities & Infrastructure Services I. Fogan Commissioner Public Works & Transportation M. Hugenholtz Commissioner Human Resources S. Hossack Commissioner Growth & Community Services A. Poffenroth Director External Relations L. Caissie City Clerk J. Taylor Administrative Assistant K. Tibbits A COMMON COUNCIL / CONSEIL COMMUNAL September 16, 2024 / le 16 septembre 2024 Call to Order 1.1 Land Acknowledgement Deputy Mayor MacKenzie read aloud the Land Acknowledgement and called for a moment of reflection. "The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources." 1.2 National Anthem The Saint John Symphony Youth Orchestra performed O Canada by video. 2. Approval of Minutes 2.1 Minutes of September 3. 2024 Moved by Councillor Sullivan, seconded by Councillor Ogden: RESOLVED that the minutes of September 3, 2024, be approved. MOTION CARRIED. 2.2 Minutes of September 9, 2024 Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that the minutes of September 9, 2024, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the agenda for September 16, 2024, be approved with the addition of Item 16.1 Public Presentation — Proposed Municipal Plan Amendment 0 Alloy Drive; 17.1 Surplus Land and REOI Update; 17.2 Housing for All Strategy Update; and that Item 10.5 Zoning By -Law Amendment with Section 59 Conditions — 1750 Sandy Point Road be moved forward, following the consent agenda. MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillor Sullivan declared a conflict of interest with item 5.1 Building Safer Communities Fund Administrative Change. Councillors Hickey, Harris and Killen declared a conflict of interest with Item 8.1 New Democratic Party presentation. 7 COMMON COUNCIL / CONSEIL COMMUNAL September 16, 2024 / le 16 septembre 2024 5. Consent Agenda 5.1 Refer to Item 14.1 5.2 RESOLVED that as recommended in the submitted report M&C 2024-245: 2024 Fall Debenture Application, Common Council approve the following: RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements that the City of Saint John proposes issue of the following debentures to be dated on or after October 3, 2024: GENERAL FUND — 15 years General Government $450,000 Protective Services $400,000 Transportation $1,900,000 Recreation and Culture $3,750,000 TOTAL $ 6,500,000 SAINT JOHN TRANSIT COMMISSION — 15 years $ 2,500,000 5.3 RESOLVED that as recommended in the submitted report M&C 2024-249: RFP- 2024-092203P — Consulting Services — Comprehensive Parking Study, the proposal submitted by Arcadis Professional Services (Canada) Inc. for RFP-2024-092203P to provide professional consulting services required for the development of Comprehensive Parking Study in the amount of $164,016.40 + HST be accepted and that the Mayor and City Clerk be authorized to execute documentation in that regard. Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively, with the exception of Item 5.1 Building Safer Communities Fund Administrative Change, which was identified for debate, be adopted. MOTION CARRIED UNANIMOUSLY. 10.5 Zoning By -Law Amendment with Section 59 Conditions — 1750 Sandy Point Road (31 Reading) Commissioner Poffenroth stated that this rezoning would permit the development of a multi -unit residential building. Following the required public hearing, the rezoning received first and second reading on September 31d. All legislative requirements of the Community Planning Act have been met. Staff is proposing an additional Section 59 condition associated with stormwater management. Mark Reade, Senior Planner, provided a brief overview of the proposed condition. The additional condition will provide for a more conservative design approach for the stormwater management in the proposed development and will align with best practices to accommodate climate change impacts. COMMON COUNCIL / CONSEIL COMMUNAL September 16, 2024 / le 16 septembre 2024 Jeremy Clack, Municipal Engineer, responded to questions from Council with respect to the stormwater design for the proposed development. Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe: RESOLVED that a four-year sunset clause be placed on the development to ensure that full completion of the development occurs within four years. MOTION DENIED with Councillors Killen, Ogden, Hickey, Radwan, Harris, Sullivan, Stewart and Norton voting nay. Moved by Councillor Radwan, seconded by Councillor Harris: RESOLVED that the by-law entitled "By -Law Number C.P. 111-179 A Law to Amend the Zoning By -Law of the City of Saint John" rezoning a parcel of land having an area of approximately 1.41 hectares located at 1750 Sandy Point Road, also identified as a portion of PID Number 00050849, from Two -Unit Residential (R2) to Mid -Rise Residential (RM), be read. MOTION CARRIED with Deputy Mayor MacKenzie and Councillors Ogden and Sullivan voting nay. The by-law entitled "By -Law Number C.P. 111-179 A Law to Amend the Zoning By -Law of The City of Saint John" was read in its entirety. Moved by Councillor Radwan, seconded by Councillor Harris: 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 approximate area of 1.41 hectares, located at 1750 Sandy Point Road, also identified as a portion of PID number 00050849: (a) That a landscaping plan be submitted as part of the building application, for the approval of the Development Officer. The plan shall include the landscaping of the site and the following elements: i. Landscaping of the front yard of the multiple -unit building, with 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. (b) If any municipal infrastructure improvements are required to service this proposal, these will be the developer's full responsibility and cost to complete. Prior to determining this, the owner/developer's engineering consultant must submit detailed engineering plans and a design brief to the City for review and approval. (c) The developer shall pay the City $17,712 for the associated lot levy for the development. This payment is to be in the form of certified cheque payable at the time of the application for the first Building Permit for the development. 9 COMMON COUNCIL / CONSEIL COMMUNAL September 16, 2024 / le 16 septembre 2024 (d) Stormwater design for the development is to follow the City of Saint John Storm Drainage Design Criteria Manual, except that rainfall intensity is to be multiplied by a factor of 1.25 (i.e. increased by 25%) for the post development condition. MOTION CARRIED with Deputy Mayor MacKenzie and Councillor Ogden voting nay. Moved by Councillor Harris, seconded by Councillor Radwan: RESOLVED that the by-law entitled "By -Law Number C.P. 111-179 A Law to Amend the Zoning By -Law of the City of Saint John" rezoning a parcel of land having an area of approximately 1.41 hectares located at 1750 Sandy Point Road, also identified as a portion of PID Number 00050849, 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 with Deputy Mayor MacKenzie and Councillors Ogden and Sullivan voting nay. Read a third time by title, the by-law entitled "By -Law Number C.P. 111-179 A Law to Amend the Zoning By -Law of The City of Saint John." (Councillor Stewart and Councillor Norton withdrew from the meeting). Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that the meeting take a five-minute recess. MOTION CARRIED. The meeting resumed at 7:07 p.m. 6. Members Comments Members commented on various local events. 7. Proclamation 8. Delegations / Presentations (Having declared a conflict of interest with Item 8.1 Councillors Killen, Hickey and Harris withdrew from the meeting) 8.1 New Democratic Party of New Brunswick: Presentation of Party Platform and Addressina Saint John's Position Paper Alex White, Leader of the New Democratic Party of New Brunswick, addressed Council with respect to the NDP Platform and Saint John's Position Paper. Highlights include: • Collaboration is the required framework between the levels of government. Healthcare — More physicians are needed in the province. There is a recruitment and retention issue, which needs to be addressed to alleviate the burden on the 10 COMMON COUNCIL / CONSEIL COMMUNAL September 16, 2024 / le 16 septembre 2024 system. Need to find ways to reduce the wait times in hospitals; job conditions for healthcare workers have deteriorated. The healthcare system needs revitalization. Find ways to incentivize people and encourage them to stay in the province. • Would support having Mental health therapy covered through Medicare. • Costs of ambulance services needs to be addressed; parking at hospitals should be free — collaborate together to make things better for New Brunswickers. • Regional Recreational Centre —would be supportive and open to providing funding for recreation. • Support the expansion of the industrial park and transferring of land for development projects • Affordable housing is crucial — Need to address the 11 K people on the waitlist with Housing NB who are looking for affordable housing; believes that the costs should be uploaded to the provincial government to lobby the federal government. Costs for such things as shelter beds and additional affordable housing should not be borne by municipalities. Would advocate for rent caps. More student housing is needed. All three levels of government must work together to find solutions. • Corporatization of Saint John Energy — Supports the corporatization of a public utility; want it to be flexible and able to deliver for the people and businesses in this city. • Tax reform — Fiscal reform and a new framework for municipalities is needed. Reviews of the assessment process, taxation of heavy industry, setting of tax rates need to be considered. Cities need the tools to find more options for revenue sources beyond reliance on property tax. A NDP presence in government would be genuine, frequent, collaboration between the province and municipality. • Supportive of infrastructure projects such as Simms Corner project and the Airport Arterial project. Moved by Councillor Radwan, seconded by Councillor Lowe: RESOLVED that Item 8.1 New Democratic Party of New Brunswick: Presentation of Party Platform and Addressing Saint John's Position Party, be received for information. MOTION CARRIED. (Councillors Killen, Hickey and Harris re-entered the meeting) 8.2 Saint John Communitv Arts Board The City Clerk advised that due to a scheduling issue the Community Arts Board will not be presenting this evening. Moved by Councillor Sullivan, seconded by Councillor Ogden: 11 COMMON COUNCIL / CONSEIL COMMUNAL September 16, 2024 / le 16 septembre 2024 RESOLVED that the presentation from the Saint John Community Arts Board be deferred to a subsequent meeting. MOTION CARRIED. 9. Public Hearings — 6:30 p.m. 10. Consideration of By -Laws 10.1 Zoning BV-Law Amendments with Recission of previous Section 59 Conditions — 3600 & 3630 Westfield Road (3rd Reading) (Having been absent for the public hearing, Councillor Hickey withdrew from the meeting) Commissioner Poffenroth stated that the proposed rezoning includes amendments to the mini home park residential zone to permit the development of a mini home community with local commercial uses. All legislative requirements of the Community Planning Act have been met. Moved by Councillor Lowe, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled "By -Law Number C.P. 111- 174 A Law to Amend the Zoning By -Law of the City of Saint John" proposing revisions to the RP Zone to permit compatible commercial uses and incorporate regulations currently established in the City's Mobile Home Parks By -Law related to application requirements, servicing, landscaping and amenity space, be read. MOTION CARRIED. The by-law entitled "By -Law Number C.P. 111-174 A Law to Amend the Zoning By -Law of the City of Saint John" was read in summary. Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the by-law entitled "By -Law Number C.P. 111- 174 A Law to Amend the Zoning By -Law of the City of Saint John" proposing revisions to the RP Zone to permit compatible commercial uses and incorporate regulations currently established in the City's Mobile Home Parks By -Law related to application requirements, servicing, landscaping and amenity space, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled "By -Law Number C.P. 111-174 A Law to Amend the Zoning By -Law of the City of Saint John." Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled "By -Law Number C.P. 111-175 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 70,749 square metres, located at 3600 Westfield Road also identified as PID 00295253 and 3630 Westfield Road also identified as PID 55063614, from Rural Settlement (RS) to Mini -Home Park Residential (RP), be read. 12 COMMON COUNCIL / CONSEIL COMMUNAL September 16, 2024 / le 16 septembre 2024 MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-175 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 Sullivan: RESOLVED that Common Council rescind the Section 59 conditions imposed on the September 6, 1994 rezoning of the property located at 3600 Westfield Road, also identified as PID Number 00295253 and 3630 Westfield Road, also identified as PID Number 55063614. MOTION CARRIED. Moved by Deputy Mayor MacKenzie, seconded by Councillor Ogden: RESOLVED that the by-law entitled "By -Law Number C.P. 111-175 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 70,749 square metres, located at 3600 Westfield Road also identified as PID 00295253 and 3630 Westfield Road also identified as PID 55063614, from Rural Settlement (RS) to Mini -Home Park Residential (RP), be read a third time, enacted, and the Corporate Common Seal affixed thereto. Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-175 A Law to Amend the Zoning By -Law of The City of Saint John." (Councillor Hickey re-entered the meeting) 10.2 Zoning BV-Law Amendment — Central Peninsula School (Sydney Street, Charlotte Street, St. James Street) (3rd Reading) Commissioner Poffenroth stated that this rezoning, submitted by the NB Department of Transportation and Infrastructure, is for a series of properties located on St. James Street, Sydney Street, Charlotte Street, and Brittain Street. The rezoning will permit the development of a K-8 school early learning centre and a community hub. All legislative requirements of the Community Planning Act have been met. Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that the by-law entitled "By -Law Number C.P. 111-176 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 9462.62 square metres, located at 88 St. James Street, 81 Britain Street/Rainbow Park , 87 Britain Street/Rainbow Park , 93 Britain Street/Rainbow Park , 95 Britain Street/Rainbow Park, 92 St. James Street, 94-96 St. James Street, 98-100 St James Street, 102-104 St James Street, 112 St James Street, 114-120 St James Street, 124 St James Street, 191-195 Sydney Street, 197-199 Sydney Street, 201 Sydney Street/Rainbow Park, 203 Sydney Street/Rainbow Park, 205 Sydney Street/Rainbow Park, 214 Charlotte Street, 0 Charlotte Street/Rainbow Park, 0 Charlotte Street, also identified as PIDs 55025332, 00001834, 00001842, 00001859, 00001867, 00001875, 55242192, 00001909, 00001917, 13 COMMON COUNCIL / CONSEIL COMMUNAL September 16, 2024 / le 16 septembre 2024 00002238, 00002402, 00002246, 00001560, 00002220, 00001487, 55019731, 00001537, 00001545, 00001529, 00001552, from Urban Centre Residential (RC) and Park (P) to Neighbourhood Community Facility (CFN), be read. MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-176 A Law to Amend the Zoning By -Law of The City of Saint John" was read in its entirety. Moved by Councillor Hickey, seconded by Councillor Ogden: RESOLVED that the by-law entitled "By -Law Number C.P. 111-176 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 9462.62 square metres, located at 88 St. James Street, 81 Britain Street/Rainbow Park , 87 Britain Street/Rainbow Park , 93 Britain Street/Rainbow Park , 95 Britain Street/Rainbow Park, 92 St. James Street, 94-96 St. James Street, 98-100 St James Street, 102-104 St James Street, 112 St James Street, 114-120 St James Street, 124 St James Street, 191-195 Sydney Street, 197-199 Sydney Street, 201 Sydney Street/Rainbow Park, 203 Sydney Street/Rainbow Park, 205 Sydney Street/Rainbow Park, 214 Charlotte Street, 0 Charlotte Street/Rainbow Park, 0 Charlotte Street, also identified as PIDs 55025332, 00001834, 00001842, 00001859, 00001867, 00001875, 55242192, 00001909, 00001917, 00002238, 00002402, 00002246, 00001560, 00002220, 00001487, 55019731, 00001537, 00001545, 00001529, 00001552, from Urban Centre Residential (RC) and Park (P) to Neighbourhood Community Facility (CFN), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-176 A Law to Amend the Zoning By -Law of The City of Saint John." 10.3 Zoning By -Law Amendment with Section 59 Conditions - 1277 Old Black River Road (3rd Reading) Commissioner Poffenroth stated that this rezoning will establish a three -unit dwelling as a permitted use. All legislative requirements under the Community Planning Act have been met. Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that the by-law entitled "By -Law Number C.P. 111-177 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 9,820 square metres, located at 1277 Old Black River Road, also identified as PID Number 55100135 from Rural Residential (RR) to Low -Rise Residential (RL), be read. MOTION CARRIED. The by-law entitled "By -Law Number C.P. 111-177 A Law to Amend the Zoning By -Law of The City of Saint John" was read in its entirety. 14 COMMON COUNCIL / CONSEIL COMMUNAL September 16, 2024 / le 16 septembre 2024 Moved by Councillor Radwan, seconded by Deputy Mayor MacKenzie: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following condition for the parcel of land having an area of approximately 9,820 square metres, located at 1277 Old Black River Road, also identified as PID Number 55100135: a. In order to realize a maximum of 6 dwelling units as permitted in the Low -Rise Residential (RL) zone, the property must be connected to municipal water and wastewater services. MOTION CARRIED. Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that the by-law entitled "By -Law Number C.P. 111-177 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 9,820 square metres, located at 1277 Old Black River Road, also identified as PID Number 55100135 from Rural Residential (RR) to Low -Rise Residential (RL), be read a third time, enacted, and the Corporate Common Seal affixed thereto. Read a third time by title the by-law entitled "By -Law Number C.P. 111-177 A Law to Amend the Zoning By -Law of The City of Saint John." 10.4 Zoning By -Law Amendment and Recission of previous Section 59 Conditions — 1670 & 1676 Hickey Road (3rd Reading) Commissioner Poffenroth stated that this rezoning would permit the expansion of a supportive facility. All legislative requirements under the Community Planning Act have been met. Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris: RESOLVED that the by-law entitled "By -Law Number C.P. 111-178 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 2,820 square metres, located at 1676 Hickey Road, also identified as a portion of PID Number 55198410 from Two -Unit Residential (R2) to Neighbourhood Community Facility (CFN), be read. MOTION CARRIED. The by-law entitled "By -Law Number C.P. 111-178 A Law to Amend the Zoning By -Law of The City of Saint John" was read in its entirety. Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the conditions imposed on the October 15, 2013, rezoning, of the property located at 1670 Hickey Road, also identified as PID Number 55221790. 10 15 COMMON COUNCIL / CONSEIL COMMUNAL September 16, 2024 / le 16 septembre 2024 MOTION CARRIED. Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that the by-law entitled "By -Law Number C.P. 111-178 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 2,820 square metres, located at 1676 Hickey Road, also identified as a portion of PID Number 55198410 from Two -Unit Residential (R2) to Neighbourhood Community Facility (CFN), be read a third time, enacted, and the Corporate Common Seal affixed thereto. 10• 9 Read a third time by title, the by-law entitled "By -Law Number C.P. 111-178 A Law to Amend the Zoning By -Law of The City of Saint John." 10.6 Traffic By -Law Amendment re: Speed Limit Reduction (Sandy Point Road / Foster Thurston Drivel (3rd Readina) Commissioner Hugenholtz stated that this traffic bylaw amendment addresses a problematic intersection at Sandy Point Road and Foster Thurston Drive near the previous location of the zoo. The speed limit would be reduced to 40 km/hr as an interim measure before the construction of a roundabout at this location in 2025. Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe: RESOLVED that the by-law entitled "By-law Number MV-10.1 A By-law to Amend a By - Law Respecting the Traffic on Streets in The City of Saint John and Amendments Thereto", amending Schedule "L-2" — 40 km/h Speed Limits, be read. MOTION CARRIED. The by-law entitled "By -Law No. MV-10.1 A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" was read in its entirety. Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the by-law entitled "By-law Number MV-10.1 A By-law to Amend a By - Law Respecting the Traffic on Streets in The City of Saint John and Amendments Thereto", amending Schedule "L-2" — 40 km/h Speed Limits, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled "By -Law No. MV-10.1 A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto." 11. Submissions by Council Members 12. Business Matters — Municipal Officers 16 COMMON COUNCIL / CONSEIL COMMUNAL September 16, 2024 / le 16 septembre 2024 12.1 2024 Work Plan Update CAO McGovern presented the update to the 2024 Work Plan including a summary of key initiatives and the status of their progress. Moved by Councillor Radwan, seconded by Deputy Mayor MacKenzie: RESOLVED that the 2024 Work Plan Update be received for information. MOTION CARRIED. 13. Committee Reports 13.1 Finance Committee: Common Council Input into 2025 General Operating Budget Feedback was received from Council members on their preferred areas of budget focus. The input received will be used by the Finance Committee to make 2025 General Operating Budget recommendations. Moved by Councillor Sullivan, seconded by Councillor Ogden: RESOLVED that the submitted report entitled "Common Council Input into 2025 General Operating Budget" be received for information. MOTION CARRIED. 14. Consideration of Issues Separated from Consent Agenda (Having declared a conflict of interest, Councillor Sullivan withdrew from the meeting) 14.1 Building Safer Communities Fund Administrative Change Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended in the submitted report M&C 2024-248: Building Safer Communities Fund Administrative Change, Common Council approve the revised payment schedule for the Building Safer Community Fund, Annex C as submitted. MOTION CARRIED. (Councillor Sullivan re-entered the meeting) 15. General Correspondence 15.1 J. Dobbelsteyn: Sponsorship Request for Port City Power Basketball (Recommendation: Refer to Clerk to schedule a presentation) Moved by Councillor Radwan, seconded by Councillor Hickey: RESOLVED that the J Dobbelsteyn Sponsorship Request for Port City Power Basketball be referred to the Clerk to schedule a presentation. MOTION CARRIED. 12 17 COMMON COUNCIL / CONSEIL COMMUNAL September 16, 2024 / le 16 septembre 2024 15.2 S. Morgan: Public Safety re: pedestrian traffic (Recommendation: Receive for Information) Moved by Mayor Noade Reardon, seconded by Councillor Radwan: RESOLVED that the correspondence from S. Morgan re Public Safety regarding pedestrian traffic be referred to the Public Safety Committee. MOTION CARRIED. 15.3 Seniors for Climate Day: Proclamation Request (Recommendation: Refer to Clerk to prepare proclamation for October 1 meetinq) Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the request for a proclamation "Seniors for Climate Day" be referred to the Clerk to prepare a proclamation for the October 1, 2024, meeting. MOTION CARRIED. 15.4 City of Saint John Shared Risk Pension Plan — Annual General Meeti (Recommendation: Council select a representative to attend AGM Meeting) Moved by Councillor Lowe, seconded by Councillor Ogden: RESOLVED that Councillor Sullivan be selected to represent Council at the Shared Risk Pension Plan Annual General Meeting. MOTION CARRIED. 15.5 J. Steeves: Limits on compost collection (Recommendation: Receive for Information) Moved by Councillor Radwan, seconded by Councillor Hickey: RESOLVED that the correspondence from J. Steeves regarding Limits on compost collection be received for information. MOTION CARRIED. 16. Supplemental Agenda 16.1 Public Presentation — Proposed Municipal Plan Amendment — 0 Alloy Drive Commissioner Poffenroth provided a Public Presentation for a proposed amendment to the Municipal Development Plan which would redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 25.19 hectares, located on Alloy Drive, also identified as part of PID 55032924, from Rural Resource and Urban Reserve (outside of the Primary Development Area) to Employment Area (within the Primary Development Area); and redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 25.19 hectares, located on Alloy Drive, also identified as part of PID 55032924, from Rural Resource Area and Urban Reserve (outside of the Primary Development Area) to Heavy Industrial (within the Primary Development Area), to expand the Primary Development Area and Heavy Industrial designation for future use. 13 im COMMON COUNCIL / CONSEIL COMMUNAL September 16, 2024 / le 16 septembre 2024 Written objections to the proposed amendment will be accepted until Wednesday, October 16, 2024. 17. Committee of the Whole 17.1 Surplus Land and REOI Update Moved by Councillor Lowe, seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended by the Committee of the Whole, having met on September 16, 2024, the City -owned land located on Charlotte Street, identified as PIDs 00002444 and 55147482, be declared surplus to the City's needs. MOTION CARRIED. 17.2 Housina for All Strateav Update C. Coes, Manager Community Support Services provided an update on the Housing for All Strategy. City Staff, with New Brunswick's Department of Social Development, investigated 11 sites for potential 'Green Zones'. Based on criteria such as access to services, access to public transportation and infrastructure, the list has been narrowed down to 5. The chosen sites will be presented in Q4 2024. Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that the Housing for All Strategy update be received for information. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Deputy Mayor MacKenzie: RESOLVED that the meeting of Common Council held on September 16, 2024, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 9:35 p.m. 14 19 Q 0 �av � N", j T jo, I--� . COMMON COUNCIL REPORT M&C No. 2024-244 Report Date September 10, 2024 Meeting Date October 01, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Contract 2024-092208P — Consulting Services — North End Secondary Plan AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Carrie Smith Amy Poffenroth/Pankaj Naiavde J. Brent McGovern RECOMMENDATION 1. Common Council award planning and urban design consulting services for the North End Secondary Plan to FOTENN Planning + Design at a cost of $344,287.50 plus applicable taxes; and 2. That the Mayor and City Clerk be authorized to execute the consulting agreement, similar to the form attached. EXECUTIVE SUMMARY On June 14, 2024, City Staff issued a request for proposal for planning and urban design services for the North End Secondary Plan as part of Initiative 1 under the City's Housing Accelerator Fund 2024-2026 Action Plan. Following an evaluation of all proposals submitted, it is recommended that Common Council award the planning and urban design consulting services to FOTENN Planning + Design. PREVIOUS RESOLUTION REPORT The North End Secondary Plan is an important tool to both guide and encourage positive change and development in Saint John's North End neighbourhood. Through a comprehensive community engagement process, it will enable the community to play a central role in shaping the areas where they live, work and play. The plan will also identify the actions, programs and services needed for the City and its community partners to undertake in order to implement PlanSJ at the neighbourhood level. 20 IrAN The purpose of this report is to recommend the award of consulting services for planning and urban design work to FOTENN Planning + Design. FOTENN Planning + Design Consulting Team FOTENN is an award -winning planning, urban design and landscape architecture firm with offices in Ottawa, Kingston, and Toronto. Established in 1992, the firm is committed to a responsive and personal approach and to the honest and fair treatment of its clients and the communities in which they work. FOTENN has over sixty staff, each with unique specializations, and has provided successful planning and design services for a range of long-time clients in both the public and private sectors including all three levels of government. They have a wealth of experience and apply their expertise in site planning, land usage, policy development, urban design and landscape architecture. A Collaborative Approach FOTENN Planning + Design has proposed establishing a planning framework that reflects an integrated, collaborative process approach to the development of the North End Community Improvement Plan. This framework includes a comprehensive Community Engagement Strategy that will run concurrent with the other phases of the workplan while providing crucial input into the Secondary Planning process. Strong public engagement and collaboration will be integral to the successful development of the Study Area and includes not only landowners and developers, but Municipal Staff, the broader North End community and Council. Experience & Perspective FOTENN Planning + Design brings extensive experience in preparing neighbourhood plans and policy development. They have extensive experience across various sized municipalities and have recently expanded into Atlantic Canada, including planning and urban design for the Town on Three Rivers in Prince Edward Island, supporting their new Official Plan and Development By-law. Nationally, FOTENN has worked on dozens of neighbourhood planning projects across Canada and has received numerous awards for their planning and design excellence. FOTENN brings a wealth of experience and innovative ideas that will provide the City of Saint John with the best value for money. Coordination with the North End Combined Sewer Separation Stra The North End Combined Sewer Separation Strategy is a complementary project that will be ongoing throughout the neighbourhood planning process, with a focus on development of a long-term strategy for separation of combined storm water and sanitary sewers. A management structure for both projects has been 21 am established to ensure the two projects are highly coordinated. This includes regular communications between the project leads and the development of a management structure to ensure collaboration and strong communication between the project consultants. STRATEGIC ALIGNMENT Council Priorities Common Council has established five priorities for their 2021-2026 term. Affordable Housing aligns with the following Council Priorities: • Grow: o Population Growth o Grow our population at a rate of 2% annually by the end of Council's term. • Belong: o Livable Neighbourhoods o Facilitate a mix of affordable housing in all of our neighbourhoods. Municipal Plan The HAF Plan supports the implementation of the Municipal Plan's vision of smart growth and complete communities, where the city's neighbourhoods are comprised of mixed income living and offer a range of diverse housing choices to meet different life cycle needs. The HAF Plan expedites the delivery of the Municipal Plan's neighbourhood revitalization program through initiatives that target key intensification areas, primary corridors, and opportunities to add "gentle density." 10-Year Strategic Plan The HAF Plan supports the 10-Year Strategic Plan (2023-2027+) population growth target of an additional 15,000 residents over 10 years. To adequately respond to this growth target, housing starts will need to double from the 2023 benchmark. Development of a North End Secondary Plan will help expedite this objective. SERVICE AND FINANCIAL OUTCOMES The proposed cost of work from FOTENN Planning + Design for planning and urban design services is $344,287.50 plus applicable taxes, which will come to an additional $51,643.13 after HST rebates. A portion of the funding for the North End Community Improvement Plan has been allocated in the 2024 operating budget, with the remining amounts supported through funding received under the Federation of Canadian Municipalities Green Municipal Fund and the Province of New Brunswick's Environmental Trust Fund of $175,000. 22 -4- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management facilitated the Request for Proposal (RFP) process to solicit proposals for Consulting Services for the North End Secondary Plan. As such the RFP closed on Wednesday, July 24t", 2024, with the following companies responding by submitting proposals: • Dillon Consulting • Fotenn Planning + Design • Stantec Consulting Ltd. • Urban Strategies Inc. An evaluation committee, consisting of staff from Growth and Community Services, Community Planning and Housing and Supply Chain Management reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Quality 2. Project Appreciation 3. Proponent Roles and Qualifications 4. Methodology 5. Value Added 6. Cost Committee members each undertook an independent evaluation and ranking of the technical proposals. Following this, scores were combined, and the financial proposals were opened and evaluated. Technical and financial scores were then combined for an overall scoring and ranking. The proposal submitted by Fotenn Planning + Design was ranked highest and met all the requirements set forth in the RFP. The above process is in accordance with the City's Strategic Procurement Policy and Supply Chain Management supports the recommendation being put forth. ATTACHMENTS 1. Draft Consulting Agreement 23 AGREEMENT This Agreement made in duplicate copies this day of 12024. BETWEEN: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "City" OF THE FIRST PART and XX a Consulting Firm, having offices located at XX in the City of Saint John and the Province of New Brunswick], hereinafter referred to as the "Consultant" OF THE SECOND PART WHEREAS the City issued Request for Proposal XXP for XX Services (the "Request for Proposal"); and AND WHEREAS the Consultant submitted a technical proposal dated XX, 2024 and a financial proposal, dated XX, 2024 in response to the Request for Proposal (collectively, the "Proposal"); and AND WHEREAS the Request for Proposal and the Proposal are attached hereto as Schedules "A" and "B" respectively and form part hereof; AND WHEREAS the Financial Proposal forms part of the Proposal, is attached hereto as Schedule "C"; a n d AND WHEREAS the Common Council at its meeting held on [Date] resolved that: "That as recommended by the Chief Administrative Officer...' NOW THEREFORE THIS AGREEMENT WITNESSETH, that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in the Request for Proposal and the Proposal, the parties for themselves, their successors and permitted assigns respectively, mutually agree as follows: 24 1. The Consultant shall perform the services and carry out the terms and conditions set out in the Request for Proposal and the Proposal. 2. The City shall pay the Consultant, in return for the services performed, fees as outlined in the financial proposal part of the Proposal, plus HST. Term 3. The terms of this Agreement is for XX. Termination 4. The City may immediately terminate this Agreement upon giving notice to the Consultant where: a. The Consultant makes an assignment for the benefit of its creditors, is declared bankrupt or commits an act of bankruptcy, becomes insolvent, makes a proposal or otherwise takes advantage of provisions for relief under the Bankruptcy and Insolvency Act (Canada)or similar legislation in any jurisdiction, or any other type of insolvency proceedings being commenced by or against the Consultant under the Bankruptcy and Insolvency Act (Canada) or similar legislation; b. The Consultant breaches any of the terms or conditions of the within Agreement; c. In the City's reasonable opinion, the Consultant, prior to or after executing this Agreement, makes a material misrepresentation or omission or provides materially inaccurate information to the City; d. The Consultant undergoes a change of control which, in the reasonable opinion of the City, adversely affects the Consultant's ability to satisfy some or all of its obligation under the within Agreement; e. The Consultant subcontracts for the provision of part or all of the services without first obtaining the written approval of the City. The above rights of termination are in addition to all other rights of termination available at law, or events of termination by operation of law. Performance 5. Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect. 25 Non -Performance 6. The failure on the part of either party to exercise or enforce any right conferred upon it under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. Indemnification 7. The Consultant hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, (collectively "Claims"), by whomever made, sustained, brought or prosecuted, for third party bodily injury (including death), personal injury and damage to real or tangible personal property, in any way based upon, occasioned by or attributable to anything done or omitted to be done by the Consultant, its subcontractors or their respective directors, officers, agents, employees or independent contractors in the course of performance of the Consultant's obligations under, or otherwise in connection with, this Agreement. The obligations contained in this paragraph shall survive the termination or expiry of this Agreement. Remedies 8. Upon default by either party under any terms of this Agreement, and at any time after the default, either party shall have all rights and remedies provided by law and by this Agreement. 9. No delay or omission by either party in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore, either party may remedy any default by the other party in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the defaulting party. All rights and remedies of each party granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently or in combination. Mediation 10. All disputes arising out or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be mediated pursuant to the National Mediation Rules of the ADR Institute of Canada, Inc. Despite this Agreement to mediate, a party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. The place of mediation shall be the City of Saint John and Province of New Brunswick. Force Majeure 11. It is agreed between the parties that neither party shall be held responsible for damages caused by delay or failure to perform his undertakings under the terms of the Agreement when the delay or failure is due to fires, strikes, floods, acts of God, lawful acts of public 26 authorities, or delays or defaults caused by common carriers, which cannot be reasonably foreseen or provided against. No Assignment 12. This Agreement is not assignable. Any attempt to assign any of the rights, duties or obligations of this Agreement is void. Time 13. This Agreement shall not be enforced, or bind any of the parties, until executed by all the parties named in it. Notices 14. Any notice under this Agreement shall be sufficiently given by personal delivery or by registered letter, postage prepaid, mailed in a Canadian post office and prepaid courier, addressed, in the case of notice to the City of Saint John, to the City Clerk, 15 Market Square, P. O. Box 1971, Saint John, New Brunswick, E21- 41-1 and in the case of notice to XX — XX, Saint John, New Brunswick, XX or to any other address as may be designated in writing by the parties, and the date of receipt of any notice by mailing shall be deemed conclusively to be 5 days after the mailing. Amendments 15. No change or modification of this Agreement shall be valid unless it is in writing and signed by each party. Acknowledgment of Terms and of Entirety 16. It is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt within it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument. Further Documents 17. The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this Agreement. Validity and Interpretation 18. Descriptive headings are inserted solely for convenience of reference, do not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement. 19. It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or part of one is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force. 27 Governing Law 20. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. Successors, Assigns 21. This Agreement shall enure to the benefit of and be binding on the respective successors and permitted assigns of each of the parties. Independent Legal Advice 22. The parties each acknowledge having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution. Acknowledgment of Receipt of Copy 23. Each party acknowledges receipt of a true copy of this Agreement. Defined Terms 24. When used in this Agreement, the following word or expression has the following meaning: "Indemnified Parties" means the City, its officers, directors, employees, agents or independent contractors. IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf on the day aforementioned. SIGNED, SEALED & DELIVERED ) THE CITY OF SAINT JOHN In the presence of: ) per Mayor Assistant City Clerk Common Council Resolution: XX Per: 1 Title: NA 29 Schedule A 30 Schedule B 31 Schedule C 32 COMMON COUNCIL REPORT M&C No. 2024-259 Report Date September 23, 2024 Meeting Date October 01, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Thorne Avenue Rail Crossing Safety Improvement - Federal Funding AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Tim O'Reilly Micheal Hugenholtz J. Brent McGovern RECOMMENDATION That the City enter into the Agreement for Grade Crossing Improvements, generally in the form as attached to M&C 2024-259, with His Majesty the King In Right of Canada, as represented by the Minister of Transport for Canada, for the purpose of securing funding under the Rail Safety Improvement Program, and that the Mayor and Clerk be authorized to execute the said Agreement for Grade Crossing Improvements and any other documents ancillary thereto. Further, that the agreement attached to M&C 2024-259 shall replace endorsement of a similar draft of said agreement, within M&C 2024-46. EXECUTIVE SUMMARY As a road authority, the City of Saint John contributes to the functioning and safety of rail crossings of public roadways in our community. The City became responsible for improving the safety of the rail crossing on Thorne Avenue, just west of Kane's Corner (intersection with Bayside Drive). The improvement involves installing a physical centre median on the west side of the rail crossing to assist in preventing motorists from crossing the rail tracks when a train is approaching. City staff worked with both New Brunswick Southern Railway and federal and provincial regulators to both develop the safety improvement plan and to seek infrastructure capital funding from the Federal Rail Safety Improvement Program (RSIP) that would fund 80% of the project costs. The City was successful in a funding application. This report recommends Council endorsement of a funding agreement that is required, in part, to secure this funding. PREVIOUS RESOLUTION Common Council endorsed a prior draft of this agreement with M&C 2024-46 in February 2024. 33 -2- I:7-1It1a11 The City of Saint John, as a road authority, is responsible for aspects of rail crossings. Responsibilities are defined in part by Federal Grade Crossing Regulations. These regulations indicate road authorities are responsible for the design, construction, and maintenance of road approaches to rail crossings. City staff participated in consultations associated with functioning of the rail crossing on Thorne Avenue, just west of Bayside Drive, in 2022. There was a need to improve protections that would prevent a motorist from entering the rail crossing when a train was approaching. This rail crossing included rail gates at the time of the consultations that protected five travel lanes. Consultations involved the responsible rail company (New Brunswick Southern Railway, NBSR) as well as representatives of regulators at both the federal (Transport Canada) and the provincial (Department of Transportation & Infrastructure) levels. At the conclusion of the consultations, it was determined that a change to the eastbound road approach was required. The change involved the introduction of a centre median to support shortened rail gate arms. The shortened arms would protect four travel lanes and the added median would protect the fifth (centre) lane. Because the median would be built on the road approach, the City was the party responsible to construct the median as per the cited federal regulations. City staff was made aware of the Federal Rail Safety Improvement Program (RSIP) that would, with a successful application, secure federal funding for the installed median, amounting to 80% of the project costs. The City proceeded to install a centre median using temporary curbing to abide by the City's obligation in a timely way. The temporary centre median is picture below. With the secured funding, a more permanent concrete median would be installed. 34 -3- City staff also proceeded with an application to the RSIP. City staff worked with NBSR to include their costs of modifying the rail gates as part of the RSIP application. City staff was advised the City's funding application was approved. A funding agreement, attached to this report, is required. The agreement attached to this report has two material changes from a version endorsed by Common Council in February 2024. Changes in the payment schedule (now aligned with 2024-2025 design and 2025 construction) as well as new reporting requirements were the two material changes. Neither change affects City staff's recommendation to endorse the agreement but was considered material none -the -less requiring endorsement from Common Council of the updated agreement. This report supports two Council priorities: • MOVE: Continued provision of safe transportation • PERFORM: Exploring opportunities for cost sharing This project will ensure the City of Saint John remains in compliance with its obligations under the Federal Grade Crossing Regulations. The total project cost is estimated at $202,524.00. City staff offset the City's 20% contribution toward the installation of the temporary median in the 2022 General Fund Operation Budget. The same will be accomplished for the 20% share of the design and construction costs in the 2024 and 2025 operating budgets, respectively, as part of the overall program of improving road safety. The permanent median will be planned to be constructed in 2025. Ilv;l��rd:T�I►1L���.L�;��:1%L�[:��i_IJl��r►:�,1��:�� The General Counsel's Office has reviewed the attached draft funding agreement and advised on the recommendation of this report. ATTACHMENTS Federal Funding Agreement for Council's consideration 35 CANADA — THE CITY OF SAINT JOHN RAIL SAFETY IMPROVEMENT PROGRAM AGREEMENT FOR GRADE CROSSING IMPROVEMENTS This Agreement is made as of the date of last signature. BETWEEN: HIS MAJESTY THE KING IN RIGHT OF CANADA, as represented by the Minister of Transport ("Canada") AND THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick E2L 4V1, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick (the "Recipient"), individually referred to as a "Party" and collectively referred to as the "Parties". RECITALS WHEREAS the Minister of Transport is responsible for the Program entitled the Rail Safety Improvement Program ("Program"); WHEREAS the Recipient has submitted to Canada a proposal for the funding of the Project which qualifies for support under the Program; AND WHEREAS the Recipient is responsible for carrying out the Project and Canada wishes to provide financial support for the Project and its objectives; NOW THEREFORE, the Parties agree as follows: 1. INTERPRETATION 1.1 DEFINITIONS In addition to the terms defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this Section. "Agreement" means this contribution agreement and all its schedules, as may be amended from time to time. "Agreement End Date" means September 30, 2027. "Asset" means any real or personal property or immovable or movable asset acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with funds contributed by Canada under the terms and conditions of this Agreement. "Asset Disposal Period" means the period commencing from the Effective Date and ending on the Agreement End Date. "Contract" means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to the Project in return for financial consideration. "Declaration of Completion" means a declaration in the form substantially prescribed in Schedule E (Declaration of Completion). "Effective Date" means the date of last signature of this Agreement. "Eligible Expenditures" means those costs incurred that are directly related to the Project and which are considered eligible by Canada and may include cash -equivalent expenditures associated with In -Kind Contributions as set out in Schedule A (Eligible and Ineligible Expenditures). "Fair Value" means the amount that would be agreed upon in an arm's length transaction between knowledgeable, willing parties who are under no compulsion to act. "Final Claim Date" means no later than March 31, 2026. "Fiscal Year" means the period beginning April 1 of a year and ending March 31 of the following year. RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 36 "Guide" means the Guide to Railway Charges for Crossing Maintenance and Construction prepared by the Canadian Transportation Agency, applicable to the year that the work was completed. "In -Kind Contributions" means non -monetary contributions of goods, services or other support provided by the Recipient, or to the Recipient by a third party for the Project, for which Fair Value is assigned, but for which no payment occurs. The associated cash - equivalent expenditures may be considered Eligible Expenditures in accordance with Schedule A (Eligible and Ineligible Expenditures). "Project" means the project as described in Schedule B (The Project). "Project Application Date" means the date Canada received the Recipient's application to the Program as described in Schedule B.2 (Project Budget and Cashflow). "Project Completion Date" means the date at which all funded activities of the Project under this Agreement have been completed and which must be no later than March 01, 2026. "System" means a secure, self-contained, collaborative web application developed by Canada for the management and monitoring of federal contribution agreements. "Third Party" means any person or legal entity, other than a Party, who participates in the implementation of the Project by means of a Contract. "Total Financial Assistance" means funding from all sources towards Eligible Expenditures of the Project, including funding from the Recipient and federal, provincial, territorial, and municipal governments as well as funding from all other sources, including In -Kind Contributions. 1.2 ENTIRE AGREEMENT This Agreement comprises the entire agreement between the Parties in relation to the subject of the Agreement. No prior document, negotiation, provision, undertaking or agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty express, implied or otherwise, is made by Canada to the Recipient except as expressly set out in this Agreement. 1.3 DURATION OF AGREEMENT This Agreement will be effective as of the Effective Date and will terminate on the Agreement End Date subject to early termination in accordance with this Agreement. 1.4 SCHEDULES The following schedules are attached to, and form part of this Agreement: Schedule A — Eligible and Ineligible Expenditures Schedule B — The Project Schedule C — Reporting Requirements Schedule D — Certificate(s) of Compliance for Claims Schedule E — Communications Protocol Schedule F — Declaration of Completion 2. PURPOSE OF AGREEMENT The purpose of this Agreement is to establish the terms and conditions whereby Canada will provide funding to the Recipient for the Project. 3. OBLIGATION OF THE PARTIES 3.1 CONTRIBUTION BY CANADA a) Canada agrees to pay a contribution to the Recipient of not more than eighty percent (80%) of the total Eligible Expenditures for the Project but only up to a maximum of one hundred sixty-two thousand nineteen dollars ($162,019.00). b) Canada will pay the contribution in accordance with the terms and conditions of this Agreement and the Fiscal Year breakdown in Schedule B.2 (Project Budget and Cashflow). c) If Canada's total contribution towards the Project exceeds eighty percent (80%) of the Project's total Eligible Expenditures or if the Total Financial Assistance received RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 2 37 or due in respect of the total Project costs exceeds one hundred percent (100%) thereof, Canada may recover the excess from the Recipient or reduce its contribution by an amount equal to the excess. d) The Parties acknowledge that Canada's role in the Project is limited to making a financial contribution to the Recipient for the Project and that Canada will have no involvement in the implementation of the Project or its operation. Canada is neither a decision -maker nor an administrator to the Project. 3.2 COMMITMENTS BY THE RECIPIENT a) The Recipient will complete the Project in a diligent and timely manner, within the costs and deadlines specified in this Agreement and in accordance with the terms and conditions of this Agreement. b) The Recipient will be responsible for all costs of the Project including cost overruns, if any. c) The Recipient will inform Canada promptly of the Total Financial Assistance received or due for the Project. d) The Recipient will repay to Canada any payment received for disallowed costs, unexpended contributions and overpayments made under and according to the terms and conditions of this Agreement. e) The Recipient will ensure the ongoing operation, maintenance, and repair of any Asset in relation to the Project as per appropriate standards, during the Asset Disposal Period. f) Canada may request that the Recipient declare to Canada any amounts owing to the federal Crown, under legislation or contribution agreements that constitute an overdue debt. The Recipient recognizes that any such amount owing is a debt due to the federal Crown and may be set-off by Canada in accordance with Section 18.6 (Set-off by Canada). g) The Recipient will inform Canada immediately of any fact or event that could compromise wholly or in part the Project. h) Upon Canada's request and throughout the term of the Agreement, the Recipient will promptly provide Canada with updates to the Project status and the Project expenditures and forecasts set out in Schedule B (The Project). 3.3 APPROPRIATIONS AND FUNDING LEVELS Notwithstanding Canada's obligation to make any payment under this Agreement, this obligation does not arise if, at the time when a payment under this Agreement becomes due, the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for making the payment. Canada may reduce or terminate any payment under this Agreement in response to the reduction of appropriations or departmental funding levels in respect of transfer payments, the program under which this Agreement was made or otherwise, as evidenced by any appropriation act or the federal Crown's main or supplementary estimates expenditures. Canada will promptly advise the Recipient of any reduction or termination of funding once it becomes aware of any such situation. Canada will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction or termination of funding. 3.4 FISCAL YEAR BUDGETING a) The amount of the contribution payable by Canada for each Fiscal Year of the Project is set out in Schedule B.2 (Project Budget and Cashflow). b) If the actual amount payable by Canada in respect of any Fiscal Year of the Project is less than the estimated amount in Schedule B.2 (Project Budget and Cashflow), the Recipient may request that Canada re -allocate the difference between the two amounts to a subsequent Fiscal Year. Subject to Section 3.3 (Appropriations and Funding Levels), Canada agrees to make reasonable efforts to accommodate the Recipient's request. The Recipient acknowledges that requests for re -allocation of Project funding will require appropriation adjustments or federal Crown approvals. c) In the event that any requested re -allocation of Project funding is not approved, the amount of Canada's contribution payable pursuant to Section 3.1 (Contribution by Canada) may be reduced by the amount of the requested re -allocation. If the contribution payable by Canada pursuant to Section 3.1 (Contribution by Canada) is so reduced, the Parties agree to review the effects of such reduction on the overall RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 3 38 implementation of the Project and to adjust the terms and conditions of this Agreement as appropriate. 3.5 CHANGES DURING THE LIFE OF THE PROJECT a) Where a change to this Agreement is contemplated, the Recipient will submit to Canada a request for a change. b) Where the change is approved by Canada and in accordance with Section 18.14 (Amendments): i. the representatives of the Parties identified in Section 18.16 (Notice) will execute the corresponding amendment to the Agreement in the System for insignificant changes to the Project; or ii. the Parties will execute the corresponding amendment to the Agreement for significant changes to the Project. c) Canada will determine whether the change is significant or insignificant. 3.6 INABILITY TO COMPLETE PROJECT If, at any time during the term of this Agreement, one or all of the Parties determine that it will not be possible to complete the Project for any reason, the Party will immediately notify the other Party of that determination and Canada may suspend its funding obligation. The Recipient will, within thirty (30) business days of a request from Canada, provide a summary of the measures that it proposes to remedy the situation. If Canada is not satisfied that the measures proposed will be adequate to remedy the situation, then this will constitute an Event of Default under Section 15 (Default) and Canada may declare a default pursuant to Section 15 (Default). 3.7 GUIDELINES The Recipient will complete the Project, or cause the Project to be completed, in accordance with all applicable laws, regulations and prevailing industry standards for such design and construction and all applicable building and design codes. 4. RECIPIENT REPRESENTATIONS AND WARRANTIES The Recipient represents and warrants to Canada that: a) the Recipient has the capacity and authority to enter into and execute this Agreement by resolution of its council members, dated February 20, 2024; b) the Recipient has the capacity and authority to carry out the Project; c) the Recipient has the requisite power to own the Assets; d) this Agreement constitutes a legally binding obligation of the Recipient, enforceable against it in accordance with its terms and conditions; e) all information submitted to Canada as set out in this Agreement is true, accurate, and was prepared in good faith to the best of its ability, skill, and judgment; f) any individual, corporation or organization that the Recipient has hired, for payment, who undertakes to speak to or correspond with any employee or other person representing Canada on the Recipient's behalf, concerning any matter relating to the contribution under this Agreement or any benefit hereunder and who is required to be registered pursuant to the federal Lobbying Act, is registered pursuant to that Act; g) the Recipient has not and will not make a payment or other compensation that is contingent upon or is calculated upon the contribution hereunder or the negotiation of the whole or any part of the terms and conditions of this Agreement to any individual, or corporation or organization with which that individual is engaged in doing business with, who is registered pursuant to the federal Lobbying Act; h) there are no actions, suits, investigations or other proceedings pending or, to the knowledge of the Recipient, threatened and there is no order, judgment or decree of any court or governmental agency which could materially and adversely affect the Recipient's ability to carry out the activities contemplated by this Agreement. The Recipient will inform Canada immediately if any such action or proceedings are threatened or brought during the term of this Agreement; and i) the Recipient is in good standing under the laws of the jurisdiction in which it is required to be registered. RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 4 39 5. [INTENTIONALLY OMITTED] 6. CONTRACT PROCEDURES 6.1 AWARDING OF CONTRACTS a) The Recipient will ensure that Contracts are awarded in a way that is transparent, competitive, consistent with value -for -money principles, or in a manner otherwise acceptable to Canada, and if applicable, in accordance with the Canadian Free Trade Agreement and international trade agreements. b) If Canada determines that the Recipient has awarded a Contract in a manner that is not in compliance with the foregoing, upon notification to the Recipient, Canada may consider the expenditures associated with the Contract to be ineligible. 6.2 CONTRACT PROVISIONS The Recipient will ensure that all Contracts are consistent with, and incorporate, the relevant provisions of this Agreement. More specifically but without limiting the generality of the foregoing, the Recipient agrees to include terms and conditions in all Contracts to ensure that: a) the Third Party will keep proper and accurate financial accounts and records, including but not limited to its contracts, invoices, statements, receipts, and vouchers, in respect of the Project for at least six (6) years after the Agreement End Date and that the Recipient has the contractual right to audit them; b) all applicable labour, environmental, and human rights legislation are respected; and c) Canada, and its designated representatives, to the extent permitted by law, will at all times be permitted to inspect the terms and conditions of the Contract and any records and accounts respecting the Project and will have free access to the Project sites and to any documentation relevant for the purpose of audit. 7. ENVIRONMENTAL AND IMPACT ASSESSMENT 7.1 REQUIREMENTS UNDER APPLICABLE ENVIRONMENTAL OR IMPACT ASSESSMENT LEGISLATION a) The Recipient agrees that no construction or any other physical activity, including site preparation or vegetation removal, may be carried out in relation to the Project, and no funds or additional funds for any Eligible Expenditure for the Project will be payable by Canada to the Recipient, unless and until the requirements under the applicable federal environmental or impact assessment legislation are met and continue to be met. b) Canada may consent in writing that construction or any other physical activity, including site preparation or vegetation removal, be carried out for the portion of the Project not subject to federal environmental or impact assessment and that funds or additional funds for any Eligible Expenditure will be payable by Canada for the portion of the Project not subject to federal environmental or impact assessment. 7.2 COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS The Recipient will comply with, to the satisfaction of Canada and at the Recipient's own expense, any conditions related to the Project referred to in paragraph 7.1 (Requirements Under Applicable Federal Environmental or Impact Assessment Legislation) and will ensure access to Project sites, facilities, and documentation in accordance with paragraph 11.6 (Access). 7.3 CHANGES TO PROJECT OR OTHERWISE a) If, as a result of changes to the Project or otherwise, Canada is of the opinion that the Project is subject to federal environmental or impact assessment legislation, the Recipient agrees that construction of the Project or any other physical activity to be carried out in relation to the Project, including site preparation or vegetation removal, will not be undertaken or will be suspended unless and until the legislative requirements are met and continue to be met. The Recipient also agrees that no funds or additional funds for any Eligible Expenditure for the Project will become or will be payable by Canada to the Recipient unless and until the legislative requirements are met and continue to be met. RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 5 40 b) Canada may consent in writing that construction or any other physical activity, including site preparation or vegetation removal, be carried out for the portion of the Project not subject to federal environmental or impact assessment and that funds or additional funds for any Eligible Expenditure will be payable by Canada for the portion of the Project not subject to federal environmental or impact assessment. 8. INDIGENOUS CONSULTATION The Parties agree that the legal duty to consult does not arise for the Projects. 9. CLAIMS AND PAYMENTS 9.1 PAYMENT CONDITIONS a) Canada will not pay interest for failing to make a payment under this Agreement. b) Canada will not pay any claims submitted after the Final Claim Date, unless otherwise accepted by Canada. c) Canada will not pay any claims until the requirements under Section 7 (Environmental and Impact Assessment) and Section 8 (Indigenous Consultation), if applicable, are, in Canada's opinion, satisfied to the extent possible at the date the claim is submitted to Canada. d) Canada will not pay any claims for a Project until the requirements under Schedule C (Reporting Requirements) for that Project or for any Project under this Agreement are, in Canada's opinion, satisfied to the extent possible at the time the claim is submitted to Canada. 9.2 PROGRESS CLAIMS a) The Recipient will submit progress claims to Canada in the System at a minimum bi- annually covering the Recipient's Eligible Expenditures in a form acceptable to Canada. Each progress claim must include the following: a certification by a senior official designated in writing by the Recipient in the form set out in Schedule D.1 (Certificate of Compliance for Progress Claim) stating that the information submitted in support of the claim is accurate; a breakdown of Eligible Expenditures claimed, in accordance with Schedule B.2 (Project Budget and Cashflow); iii. documentation to support the Eligible Expenditures claimed that is satisfactory to Canada. b) Canada will make a payment upon review and acceptance of a progress claim, subject to the terms and conditions of the Agreement. 9.3 FINAL CLAIM AND FINAL ADJUSTMENTS a) The Recipient will submit a final claim to Canada in the system by the Final Claim Date covering the Recipient's Eligible Expenditures in a form acceptable to Canada. The final claim must include the following: i. a certification by a senior official designated in writing by the Recipient in the form set out in Schedule D.2 (Certificate of Compliance for Final Claim) stating that the information submitted in support of the claim is accurate; ii. a breakdown of Eligible Expenditures claimed, in accordance with Schedule B.2 (Project Budget and Cashflow); iii. confirmation of the Total Financial Assistance in accordance with Section 3.2 c) (Commitments by the Recipient) in the form set out in Schedule D.2 (Certificate of Compliance for Final Claim); iv. any reporting due in accordance with Schedule C (Reporting Requirements) V. a completed Schedule F (Declaration of Completion) in accordance with Section 9.5 (Declaration of Completion); vi. documentation to support the Eligible Expenditures claimed that is RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 6 41 satisfactory to Canada. b) Upon receipt of the Final Claim, but before issuing the final payment, the Parties will jointly carry out a final reconciliation of all claims and payments in respect of the Project and make any adjustments required in the circumstances. 9.4 WITHHOLDING OF CONTRIBUTION Canada may withhold up to ten percent (10%) of its contribution towards Eligible Expenditures claimed under the Agreement. Any amount withheld by Canada will be released when the final adjustments have been completed under Section 9.3 (Final Claim and Final Adjustments) and the Recipient fulfills all its obligations under this Agreement. 9.5 DECLARATION OF COMPLETION a) Prior to executing the Declaration of Completion, the Recipient will request confirmation in writing from Canada as to whether the Declaration of Completion lists all relevant documents. b) The Declaration of Completion must be signed by an authorized official of the Recipient as deemed acceptable by Canada, and it must list all relevant documents as determined by Canada. 9.6 THE SYSTEM The System will be used to process claims and payments, monitor the Agreement and adjust and amend Schedule B (The Project) under this Agreement in accordance with Section 3.5 (Changes During The Life of the Project) and 18.14 (Amendments). 10. REPORTING Any Project and performance reporting requirements will be undertaken and completed in accordance with Schedule C (Reporting Requirements). 11. AUDIT, EVALUATION AND MONITORING FOR COMPLIANCE 11.1 RECIPIENT AUDIT Canada may, at its discretion, conduct a Recipient audit related to this Agreement during the term of this Agreement and up to two years after the Agreement End Date, in accordance with the Canadian Auditing Standards and Section 18.3 (Accounting Principles). 11.2 [INTENTIONALLY OMITTED] 11.3 EVALUATION The Recipient agrees to cooperate with Canada in the conduct of any evaluation of the Program during or after the term of this Agreement. 11.4 CORRECTIVE ACTION The Recipient agrees to ensure that prompt and timely corrective action is taken in response of any audit findings and recommendations conducted in accordance with this Agreement. 11.5 RECORD KEEPING The Recipient will keep proper and accurate financial accounts and records, including but not limited to its Contracts, invoices, statements, receipts, and vouchers, in respect of the Project, for at least six (6) years after the Agreement End Date. 11.6 ACCESS The Recipient will provide Canada and its designated representatives with reasonable and timely access, at no cost, to the Project sites, facilities, and any documentation for the purposes of audit, evaluation, inspection and monitoring compliance with this Agreement. 12. COMMUNICATIONS 12.1 COMMUNICATIONS PROTOCOL The Parties will comply with Schedule E (Communications Protocol). RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 7 42 12.2 RECOGNITION OF CANADA'S CONTRIBUTION The Recipient will acknowledge Canada's contribution in all signage and public communication produced as part of the Project or Agreement, in a manner acceptable to Canada, unless Canada communicates in writing to the Recipient that this acknowledgement is not required. 12.3 PUBLIC INFORMATION The Recipient acknowledges that the following may be made publicly available by Canada: a) its name, the amount awarded by Canada, and the general nature of the Project; and b) any evaluation or audit report and other reviews related to this Agreement. 12.4 OFFICIAL LANGUAGES a) The Recipient will ensure that basic information is available in both official languages. b) The Recipient will communicate in such a manner as to address the needs of both official language communities. 13. INTELLECTUAL PROPERTY a) All intellectual property that arises in the course of the Project will vest in the Recipient. b) The Recipient will obtain the necessary authorizations, as needed, for the implementation of the Project, from third parties who may own the intellectual property rights or other rights in respect of the Project. Canada will assume no liability in respect of claims from any third party in relation to such rights and to the Agreement. 14. DISPUTE RESOLUTION a) The Parties will keep each other informed of any issue that could be contentious by exchanging information and will, in good faith and reasonably, attempt to resolve potential disputes. b) Where the Parties cannot agree on a resolution, the Parties may explore any alternative dispute resolution mechanisms available to them to resolve the issue. c) Any payments related to the issue in dispute will be suspended, together with the obligations related to such issue, pending resolution. d) The Parties agree that nothing in this section will affect, alter or modify the rights of Canada to terminate this Agreement. 15. DEFAULT 15.1 EVENTS OF DEFAULT The following events constitute Events of Default under this Agreement: a) the Recipient has not complied with one or more of the terms and conditions of this Agreement; b) the Recipient has not completed the Project in accordance with the terms and conditions of this Agreement; c) the Recipient has submitted false or misleading information to Canada or made a false or misleading representation in respect of the Project or in this Agreement, except for an error in good faith, demonstration of which is incumbent on the Recipient, to Canada's satisfaction; d) the Recipient has neglected or failed to pay Canada any amount due in accordance with this Agreement. 15.2 DECLARATION OF DEFAULT Canada may declare a default if: i. In Canada's opinion, one or more of the Events of Default occurs; ii. Canada gave notice to the Recipient of the event which constitutes an Event of Default; and iii. the Recipient has failed, within thirty (30) business days of receipt of the notice from Canada, either to remedy the Event of Default or to RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 8 43 notify Canada and demonstrate, to the satisfaction of Canada, that it has taken such steps as are necessary to remedy the Event of Default. 15.3 REMEDIES ON DEFAULT In the event that Canada declares a default under Section 15.2 (Declaration of Default), Canada may exercise one or more of the following remedies, without limiting any remedy available to it at law: a) suspend any obligation by Canada to contribute or continue to contribute funding to the Project, including any obligation to pay an amount owing prior to the date of such suspension; b) terminate any obligation of Canada to contribute or continue to contribute funding to the Project, including any obligation to pay any amount owing prior to the date of such termination; c) require the Recipient to reimburse Canada all or part of the contribution paid by Canada to the Recipient; d) terminate the Agreement. 16. LIMITATION OF LIABILITY AND INDEMNIFICATION 16.1 DEFINITION OF PERSON In this section, "Person" includes, without limitation, a person, the Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees or agents. 16.2 LIMITATION OF LIABILITY In no event will Canada, its officers, servants, employees or agents be held liable for any damages in contract, tort (including negligence) or otherwise, for: a) any injury to any Person, including, but not limited to, death, economic loss or infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long term obligation; in relation to this Agreement or the Project. 16.3 INDEMNIFICATION The Recipient will at all times indemnify and save harmless Canada, its officers, servants, employees or agents, from and against all actions, claims, demands, losses, costs, damages, suits or other proceedings, whether in contract, tort (including negligence) or otherwise, by whomsoever brought or prosecuted in any manner based upon or occasioned by: a) any injury to any Person, including, but not limited to, death, economic loss or any infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long term obligation; in relation to this Agreement or Project, except to the extent to which such actions, claims, demands, losses, costs, damages, suits or other proceedings are caused by the negligence or breach of the Agreement by an officer, servant, employee or agent of Canada in the performance of his or her duties. 17. ASSETS a) Assets acquired, purchased, constructed, rehabilitated or improved, in whole or in part, through the course of the Project will be the responsibility and remain the property of the Recipient. b) The Recipient will ensure that any Asset will be preserved, maintained, and used for the purposes of the Project, and that no Asset will be sold, leased, encumbered or otherwise disposed of, directly or indirectly, during the Asset Disposal Period, unless the Recipient notifies Canada in advance and in writing, and Canada consents to such Asset disposal. RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 9 44 c) Upon alternate use or disposal of any Asset, which includes selling, leasing and encumbering, or otherwise disposing of, directly or indirectly, during the Asset Disposal Period, the Recipient will reimburse Canada, at Canada's discretion, all or part of the contribution paid under this Agreement by Canada to the Recipient. 18. GENERAL 18.1 PUBLIC BENEFIT The Parties acknowledge that their contributions to the Project are meant to accrue to the public benefit. 18.2 SURVIVAL The Parties' rights and obligations which, by their nature, extend beyond the termination of this Agreement, will survive any termination of this Agreement. 18.3 ACCOUNTING PRINCIPLES All accounting terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared, in accordance with generally accepted accounting practices and principles in effect in Canada as defined in the Chartered Professional Accountants (CPA) Canada Handbook - Accounting or, where applicable, the CPA Canada Public Sector Accounting Handbook. 18.4 DEBTS DUE TO THE FEDERAL CROWN Any amount owed to Canada under this Agreement by the Recipient will constitute a debt due to the federal Crown, which the Recipient will reimburse Canada forthwith on demand. 18.5 INTEREST ON DEBTS DUE TO THE FEDERAL CROWN Debts due to the federal Crown by the Recipient will accrue interest in accordance with the federal Interest and Administrative Charges Regulations. 18.6 SET-OFF BY CANADA Any debt due to the federal Crown by the Recipient may be set-off against any amounts payable by Canada to the Recipient under this Agreement. 18.7 MEMBERS OF THE HOUSE OF COMMONS AND SENATE No member of the House of Commons or the Senate of Canada will be admitted to any share or part of this Agreement, or to any benefit arising from it that is not otherwise available to the public. The Recipient will promptly inform Canada should it become aware of the existence of any such situation. 18.8 CONFLICT OF INTEREST No current or former public servant or public office holder to whom any post -employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada applies will derive direct benefit from this Agreement unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. The Recipient will promptly inform Canada should it become aware of the existence of any such situation. 18.9 NO AGENCY, PARTNERSHIP, JOINT VENTURE, ETC. a) No provision of this Agreement and no action by the Parties will establish or be deemed to establish a partnership, joint venture, principal -agent relationship or employer -employee relationship in any way or for any purpose whatsoever between Canada and the Recipient or between Canada and a Third Party. b) The Recipient will not represent itself, including in any agreement with a Third Party, as a partner, employee or agent of Canada. 18.10 NO AUTHORITY TO REPRESENT Nothing in this Agreement is to be construed as authorizing any person, including a Third Party, to contract for or to incur any obligation on behalf of Canada or to act as an agent for Canada. The Recipient will take the necessary action to ensure that any Contract between the Recipient and any Third Party contains a provision to that effect. RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 10 45 18.11 ASSIGNMENT The Recipient will not transfer or assign its rights or obligations under this Agreement without the prior written consent of Canada. Any attempt by the Recipient to assign any of the rights, duties or obligations of this Agreement without Canada's express written consent is void. 18.12 COUNTERPART SIGNATURE This Agreement and all documents contemplated by or delivered under or in connection with this Agreement may be executed and delivered in any number of counterparts (including by electronic signature, facsimile or other means of electronic transmission, such as by electronic mail in "PDF" form), with the same effect as if all Parties had signed and delivered the same document, and all counterparts shall together constitute one and the same original document. 18.13 SEVERABILITY If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the Parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both Parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 18.14 AMENDMENTS This Agreement, including its schedules, can only be amended in writing by the Parties. Notwithstanding, insignificant changes made to Schedule B (The Project) in accordance with Section 3.5 (Changes during the Life of the Project) may be done through the System. 18.15 WAIVER A Party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver. 18.16 NOTICE a) Any notice, information or required documentation provided for under this Agreement must be delivered in person or sent by mail, email, messenger or facsimile to the identified representatives of the Parties at the following coordinates, unless otherwise specified by Canada: Canada: Director, Transportation Infrastructure Program Transport Canada Place de Ville, Tower C, 19t" Floor 330 Sparks Street Ottawa, Ontario K1A ON5 Email: TC.RSIP-PASF.TC(cDtc.gc.ca Recipient: Donna Noade Reardon Mayor 15 Market Square Saint John, New Brunswick E21- 4L1 mayor saintiohn.ca 506-658-4455 Primary Contact: Tim O'Reilly Director Public Works Tim.oreilly(ja�saintiohn.ca 506-651-6178 b) Such notice will be deemed to have been received: in person, when delivered; if sent by mail, email or facsimile, when receipt is acknowledged by RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 11 46 the other Party; iii. if sent by messenger or registered mail, when the receiving Party has signed the acknowledgment of reception. c) If a Party changes its representative or the coordinates for that representative, it will advise the other Party as soon as possible. 18.17 COMPLIANCE WITH LAWS The Recipient will comply with all applicable laws and regulations and all requirements of regulatory bodies having jurisdiction over the subject matter of the Project. 18.18 GOVERNING LAW This Agreement is governed by, and is to be interpreted in accordance with, the applicable federal laws and the laws in force in New Brunswick. The Parties attorn to the jurisdiction of the Courts of New Brunswick and all courts competent to hear appeals from the Courts of New Brunswick. 18.19 SUCCESSORS AND ASSIGNS This Agreement is binding upon the Parties and their respective successors and assigns. RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 12 47 19. SIGNATURES This Agreement has been executed on behalf of His Majesty the King in right of Canada by the Minister of Transport and on behalf of The City of Saint John by the Mayor and City Clerk. HIS MAJESTY THE KING IN RIGHT OF CANADA Per: Teresa Stephens Director, Transportation Infrastructure Programs Date CITY OF SAINT JOHN Per: Donna Noade Reardon Mayor Date Per: Jonathan Taylor City Clerk RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 13 48 SCHEDULE A - ELIGIBLE AND INELIGIBLE EXPENDITURES SCHEDULE A.1: ELIGIBLE EXPENDITURES Eligible Expenditures must: - be reasonable and directly related to the Project, as determined by Canada; - must not exceed the rates described in the Guide to Railway Charges for Crossing Maintenance and Construction (the "Guide"); - be incurred between the Project Application Date and the Project Completion Date; and - consist of the following categories of expenditures: • Staff salaries and benefits; • Purchase and lease of capital assets, technology, equipment and supplies; • Professional services, including accounting, translation, audit and consulting; • Planning, design and evaluation; • Engineering and environmental reviews and follow-up measures; • Expenditures related to construction and rehabilitation of assets (including fees paid to general contractors, labourers and power supply companies, materials, licenses, permits, and the rental of construction machinery and equipment); • Licenses and permits; • Expenditures for Indigenous consultations, specifically Project -related consultation activities pursuant to the Crown's legal duty to consult; • Administrative expenditures (including general administration expenditures, rent, insurance, office equipment rental, and membership fees); • Travel expenditures (including the cost of accommodations, vehicle rental and kilometric rates, bus, train, airplane or taxi fares, allowances for meals and incidentals). Travel and per diem expenses cannot be more than the rates and allowances determined in the Travel Directive of the National Joint Council, available at the following link: http://www.nic- cnm.gc.ca/directive/index.php?did=10&dlabel=travel- voyage&lang=enq&merge=2&slabel=index; • Other costs that are, in the opinion of the Minister or his/her delegated representative, considered to be direct, reasonable, and incremental for the successful implementation of the Project and have been approved in writing prior to being incurred. Eligible Expenditures can be cash -equivalent expenditures associated with In -Kind Contributions. These expenditures may be reimbursed so long as the following three criteria are met: 1) The associated costs are deemed as Eligible Expenditures and have been approved by Canada; 2) The associated costs are not a donation received from a third party; and 3) The associated costs are related to goods, services or other support that would otherwise be purchased and paid for by the Recipient as essential for the Project. In -Kind Contributions received from a third party are considered donations and may form part of the total Eligible Expenditures of the Project, but are not reimbursable. RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 14 49 SCHEDULE A.2: INELIGIBLE EXPENDITURES The following expenditures shall be considered ineligible, and therefore will not be considered in the calculation of the total eligible expenditures of the Project: • Costs incurred before the Project Application Date or after the Project Completion Date; • Excess overhead charges; o Recipients are eligible to include up to 15% of the total TC contribution in overhead costs. A cut-off is imposed to ensure that Canada's contribution goes primarily to direct costs, i.e., costs that are completely attributable or directly tied to implementation of the Project and the achievement of the Project/Program outcomes. • Cost overruns that cause the federal contribution to exceed the amount outlined in the funding agreement; • Maintenance costs; • Expenditures for provincial sales tax and Goods and Services Tax, or the Harmonized Sales Tax, where applicable, for which the Recipient is eligible for a rebate, and any other costs eligible for rebates; • Purchase of land and/or buildings, related real estate fees, and vehicles; • Leasing of land, buildings, equipment and other facilities, except for equipment directly related to the completion of the Project; • Financing charges and interest payments on loans; • Expenditures that have been reimbursed from other sources of funding, federal statutes or funding programs; and; • Personal mileage to and from Recipient's employees' homes. RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 15 50 SCHEDULE B - THE PROJECT SCHEDULE B.1: PROJECT DESCRIPTION Project Description: The Project involves grade crossing improvements in the City of Saint John in the Province of New Brunswick as described in the Schedule B.2 (Project and Cashflow) Objective(s): The objective of the Project is to enhance public safety at the public grade crossing described in Schedule B.2 (Project Budget and Cashflow) to reduce the risk of collisions, fatalities and injuries. Activities: The Project consists of improvements to the crossings described in Schedule B.2 (Project and Cashflow) through undertaking the following activities: • New sensors, detectors, and intelligent transportation system • Improve signage in the form of variable message sign upstream from the rail crossing • Interconnect with traffic signals • Install "Railway crossing ahead" sign Project Outcomes: In order to illustrate how the Project will contribute to rail safety, the Recipient will collect performance data and report on the following performance indicators that the Project will contribute to: • Number of locations with rail safety improvements to reduce collisions, fatalities, and injuries. • Number of locations that had their existing warning system upgraded. • Number of locations where additional lights were installed. This data is collected only for the purpose of performance measurement and reporting to Canadians. RSIP — ITR — The City of Saint John Contribution Agreement (2023-2025) 16 51 SCHEDULE B.2: PROJECT BUDGET AND CASHFLOW Description of Project Estimated contribution to Eligible Expenditures per Party, Estimated Estimated Total Estimated per Fiscal Year Province Total Project Eligible Project Contribution (Main technical and financial stages, location, construction methods, etc.) Expenditures Expenditures by Canada Contributor 2024-25 2025-26 Summarized Project Description Canada $81,211.08 $80,808.12 Recipient $20,302.77 $20,202.03 Installation of a mid -road physical median to prevent vehicles from travelling through the rail crossing along a portion of the road width. Also a "temporary median" short term option using a flexible rubber product for curbing around NB the new median for potential install in 2022. A more permanent median $202,524.00 $202,524.00 $162,019.20 solution with concrete curbing is planned for 2023. Road: City of Saint John Mile/Subdivision: Mile 0.42 - Dry Dock Spur Application Date: 2022-07-29 Application #: 1382 TOTAL Total Project $202,524.00 $202,524.00 $162,019.20 Canada $81,211.08 $80,808.12 Recipient $20,302.77 $20,202.03 For greater certainty, Canada's total contribution cannot exceed the amount set out in Section 3.1 (Contribution by Canada). RSIP — ITR — City of St. John Contribution Agreement (2023-2025) 17 52 SCHEDULE C - REPORTING REQUIREMENTS SCHEDULE C.1: PROGRESS REPORT The Recipient will submit a progress report for the Project on a triannual basis, unless otherwise communicated by Canada. The progress report must include the following information: a) General description of the Project progress, percentage of Project completion, achievements to date, and confirmation of Project phase. Phases are defined as: i.Phase 1: Planning/Design ii.Phase 2: Procurement/Pre-Construction iii.Phase 3: Execution/Construction iv.Phase 4: Quality Assurance/ Project Performance and Monitoring (if applicable) v.Phase 5: Close Out b) [ADD IF APPLICABLE]: overview about the status of environmental issues and monitoring requirements related to the Project, both expected and unexpected, and the conditions proposed to address these concerns; c) issues, areas of concern or risk factors that may affect completion, the schedule or the budget of the Project as per original plans and the proposed mitigation strategies to correct the situation; and d) highlights of communication activities of the Project during the reporting period. SCHEDULE C.2: FINAL REPORT The Recipient will submit a final report for the Project to Canada with the final claim. The final report will include lessons learned about how issues were addressed or solutions were found. RSIP — Recipient Name — Contribution Agreement (20XX-20XX) 18 53 SCHEDULE D - CERTIFICATE(S) OF COMPLIANCE FOR CLAIMS SCHEDULE D.1: CERTIFICATE OF COMPLIANCE FOR PROGRESS CLAIM [INSTRUCTION FOR RECIPIENTS: PLEASE DO NOT COMPLETE THIS CERTIFICATE AT THE TIME OF SIGNING THE AGREEMENT. THIS CERTIFICATE IS ONLY TO BE COMPLETED AND SIGNED AT THE TIME OF SUBMITTING CLAIMS FOR REIMBURSEMENT OF ELIGIBLE EXPENDITURES] In the matter of the Agreement entered into between His Majesty the King in right of Canada, as represented by the Minister of Transport, and [RECIPIENT] (the "Recipient"), represented by (Name), concerning the [PROJECT NAME] Project (the "Agreement"). I, (Name), of the City/Town of Province/Territory of declare as follows: 1. That I hold the position of with the Recipient and as such have knowledge of the matters set forth in this declaration and believe this declaration to be true. 2. 1 am duly authorized by the Recipient to give this Certificate under [RECIPIENT INSERTS THE COMPLETE REFERENCE TO THE BY LAW OR INTERNAL POLICY AUTHORITY THAT ALLOWS THEM TO PROVIDE THIS CERTIFICATION] dated [DATE]. 3. 1 have read and understood the Agreement and the progress claim submitted by the Recipient thereunder dated the same date as this Certificate and have knowledge of the business and affairs of the Recipient and have made such examinations or investigations as are necessary to give this Certificate and to ensure that the information contained herein is true and accurate. 4. The expenditures claimed are Eligible Expenditures in accordance with the Agreement. 5. The Recipient, at the date of this Certificate, has performed all covenants under the Agreement that are required to be performed by it on or prior to that date. 6. All representations and warranties of the Recipient contained in the Agreement are true and accurate in all respects at the date of this Certificate as though such representations and warranties had been made at the date of this Certificate. Dated, this day of 20 Signature RSIP — Recipient Name — Contribution Agreement (20XX-20XX) 19 54 SCHEDULE D.2: CERTIFICATE OF COMPLIANCE FOR FINAL CLAIM [INSTRUCTION FOR RECIPIENTS: PLEASE DO NOT COMPLETE THIS CERTIFICATE AT THE TIME OF SIGNING THE AGREEMENT. THIS CERTIFICATE IS ONLY TO BE COMPLETED AND SIGNED AT THE TIME OF SUBMITTING CLAIMS FOR REIMBURSEMENT OF ELIGIBLE EXPENDITURES] In the matter of the Agreement entered into between His Majesty the King in right of Canada, as represented by the Minister of Transport, and [RECIPIENT] (the "Recipient"), represented by (Name), concerning the [PROJECT NAME] Project (the "Agreement"). follows: _(Name), of the City/Town of Province/Territory of declare as That I hold the position of with the Recipient and as such have knowledge of the matters set forth in this declaration and believe this declaration to be true. 2. 1 am duly authorized by the Recipient to give this Certificate under [RECIPIENT INSERTS THE COMPLETE REFERENCE TO THE BY LAW OR INTERNAL POLICY AUTHORITY THAT ALLOWS THEM TO PROVIDE THIS CERTIFICATION] dated [DATE]. 3. 1 have read and understood the Agreement and the final claim submitted by the Recipient thereunder dated the same date as this Certificate and have knowledge of the business and affairs of the Recipient and have made such examinations or investigations as are necessary to give this Certificate and to ensure that the information contained herein is true and accurate. 4. The Recipient, at the date of this Certificate, has performed all covenants under the Agreement that are required to be performed by it on or prior to that date. 5. The expenditures claimed are Eligible Expenditures in accordance with the Agreement. 6. All representations and warranties of the Recipient contained in the Agreement are true and accurate in all respects at the date of this Certificate as though such representations and warranties had been made at the date of this Certificate. 7. The Project as defined in the Agreement has been completed. [If applicable, add.] 8. The Project, to the best of my knowledge and belief, conforms to the applicable federal environmental or impact assessment legislation. 9. The Total Financial Assistance received or due for the Project in accordance with Section 3.2 c) (Commitments by the Recipient) is as follows: [INCLUDE ALL TOTAL FINANCIAL ASSISTANCE RECEIVED OR DUE] 10. This Certificate of Compliance does not preclude any rights of Canada to verify, audit or inspect as per the terms and conditions of the Agreement. 11. The Recipient is not entitled to payment of any amount under the Agreement, other than any amount requested by the Recipient in accordance with the Agreement on or prior to the date of this Certificate. Dated, this day of 20 Signature RSIP — Recipient Name — Contribution Agreement (20XX-20XX) 20 55 SCHEDULE E - COMMUNICATIONS PROTOCOL GENERAL 1. Canada and the Recipient agree to undertake joint communications activities and products that will enhance opportunities for open, transparent, effective and proactive communications with citizens through appropriate, continuous, and consistent public information activities that recognize the contribution of the Parties and, where applicable, any other contributor. 2. The mechanisms for such communications and public information activities and products will be determined by Canada. 3. All public information material in relation to this Agreement will be prepared jointly and in both official languages and will equitably reflect the funding of all contributors to the Project. This requirement is not needed for tendering documents; the Recipient will carry out any tendering processes in accordance with its own policies, guidelines and governing laws. COMMUNICATING WITH THE PUBLIC Public Information Products The Parties may jointly develop information kits, brochures, public reports, social media messages and website material for the public about the Project. News Releases A joint news release may be issued when the Agreement is signed and/or at appropriate milestones such as the start of Project work or completion of the Project. A news release may include quotations from a federally, provincially, or municipally elected official or, where applicable, any other contributor. Canada must agree on these quotations. Press Conferences, Public Announcements and Other Joint Events The Parties will co-operate in organizing press conferences, announcements or official ceremonies. Canada should also agree on the messages and public statements at such events. No public announcement for the Project under this Agreement will be made by the Recipient or, where applicable, any other contributor, unless Canada has been informed of it at least thirty (30) business days in advance. Either Party may organize a joint press conference. The requestor will give the other Party reasonable notice of at least thirty (30) business days of such a press conference, public announcement or joint event. Signage Prior to the implementation of the Project under this Agreement, the Recipient will advise Canada if it will produce and install a sign to recognize federal funding. Any signage will be supplied, erected, and maintained by the Recipient. This sign must follow Federal Identity Program guidelines, in both official languages specifying that the Project is financed by contributions from the Government of Canada and the Recipient, and must be reviewed and approved by Canada. COMMUNICATION COSTS The eligibility of costs related to communication activities that provide public information on this Agreement will be subject to Schedule A (Eligible and Ineligible Expenditures) and must be agreed to in advance by Canada. RSIP — Recipient Name — Contribution Agreement (20XX-20XX) 21 56 SCHEDULE E - DECLARATION OF COMPLETION [INSTRUCTION FOR RECIPIENTS: PLEASE DO NOT COMPLETE THIS DECLARATION AT THE TIME OF SIGNING THE AGREEMENT. THIS DECLARATION IS ONLY TO BE COMPLETED AND SIGNED AT THE TIME OF SUBMITTING THE FINAL CLAIM FOR REIMBURSEMENT OF ELIGIBLE EXPENDITURES] In the matter of the Agreement entered into between His Majesty the King in right of Canada, as represented by the Minister of Transport, and [RECIPIENT] (the "Recipient"), represented by (Name), concerning the [PROJECT NAME] Project (the "Agreement"). I, (Name), of the City/Town of , Province/Territory of , declare as follows: 1. 1 hold the position of with the Recipient and as such have knowledge of the matters set forth in this declaration and believe this declaration to be true. 2. a) I have received the following documents for the [PROJECT NAME] Project: [LIST NAME OF RELEVANT DOCUMENT(S), e.g. Certificate of Completion, Certificate of Performance, Occupancy Permit, etc.] signed by (Name), a (Profession, e.g. professional engineer, professional architect or other applicable professional) for the Project. [ADD SAME TEXT AS IN i FOR EACH DOCUMENT] b) Based on the above documents and the representations made to me by the professionals identified in section 2(a) above, I declare to the best of my knowledge and belief that the Project has been completed, as described in Schedule B.1 (Project Description), as defined in the Agreement, on the day of the 20_. [Insert #3, if applicable:] 3. 1 have received the following documents and based on these documents and representations made to me by the professionals identified below, I declare to the best of my knowledge and belief that the Project conforms with the guidelines referenced in Section 3.7 (Guidelines) of the Agreement: [LIST NAME OF RELEVANT DOCUMENT(S), e.g. Certificate of Completion, Certificate of Performance, Occupancy Permit, etc.] signed by (Name), a (Profession, e.g. professional engineer, professional architect or other applicable professional) for the Project. [ADD SAME TEXT AS IN i FOR EACH DOCUMENT] (Insert #4, if applicable:] 4. 1 have received the following documents and based on these documents and representations made to me by the professionals identified below, I declare to the best of my knowledge and belief that the Project conforms with, as applicable, the [LIST THE APPLICABLE ENVIRONMENTAL REVIEW OR ASSESSMENT e.g., the Canadian Environmental Assessment Act, 2012 Impact Assessment Act, or Northern Regime]: [LIST NAME OF RELEVANT DOCUMENT(S)] signed by (Name), an (Profession, e.g. environmental consultant or other applicable professional). [ADD SAME TEXT AS IN i FOR EACH DOCUMENT] RSIP — Recipient Name — Contribution Agreement (20XX-20XX) 22 57 5. All terms and conditions of the Agreement that are required to be met as of the date of this declaration have been met. Declared at (Province/Territory) (City/Town), in this day of 20 Signature RSIP — Recipient Name — Contribution Agreement (20XX-20XX) 23 58 Q�sl "'umir i_4 J r+ _ -, COMMON COUNCIL REPORT M&C No. 2024-266 Report Date September 25, 2024 Meeting Date October 01, 2024 Service Area Legislative Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed 2025 Common Council Meeting Schedule AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Jonathan Taylor Melanie Tompkins Brent McGovern RECOMMENDATION That the attached 2025 Common Council meeting schedule be approved. REPORT The 2025 Council meeting schedule has been prepared for Council's review and approval. Council meetings are scheduled on a bi-weekly basis on Monday evenings beginning at 6:00 p.m. If necessary, the Chief Administrative Officer has discretion to schedule additional Council meetings on the 'off Monday' per Council's Procedural by-law. In addition, Council is permitted to schedule a special meeting or an emergency meeting on any date to deal with urgent matters. As is previous years, a reduced meeting schedule for the summer months is being proposed. PREVIOUS RESOLUTION n/a STRATEGIC ALIGNMENT n/a INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Commissioner of Human Resources reviewed the schedule. ATTACHMENTS 2025 Common Council Meeting Schedule 59 PROPOSED 2025 COMMON COUNCIL MEETING SCHEDULE Regular Council meetings commence at 6:00 pm in the Council Chamber, 2nd Floor, City Hall. Committee of the Whole meetings commence at 4:30 pm in the 2nd Floor Boardroom of City Hall January 6, 2025 No meeting January 13, 2025 REGULAR MEETING January 20, 2025 No meeting scheduled -only if required January 27, 2025 REGULAR MEETING February 3, 2025 No meeting scheduled -only if required February 10, 2025 REGULAR MEETING February 18, 2025 (Tuesday) No meeting scheduled -only if required February 24, 2025 REGULAR MEETING March 3, 2025 No meeting scheduled -only if required March 10, 2025 REGULAR MEETING March 17, 2025 No meeting scheduled -only if required March 24, 2025 REGULAR MEETING March 31, 2025 No meeting scheduled - only if required April 7, 2025 REGULAR MEETING April 14, 2025 No meeting scheduled -only if required April 22, 2025 (Tuesday) REGULAR MEETING April 28, 2025 No meeting scheduled -only if required May 5, 2025 REGULAR MEETING May 12, 2025 No meeting scheduled -only if required May 20, 2025 (Tuesday) REGULAR MEETING May 26, 2025 No meeting scheduled -only if required June 2, 2025 REGULAR MEETING June 9, 2025 No meeting scheduled -only if required June 16, 2025 REGULAR MEETING June 23, 2025 No meeting scheduled -only if required June 30, 2025 No meeting scheduled - only if required July 7, 2025 REGULAR MEETING July 14, 2025 No meeting scheduled - only if required July 21, 2025 No meeting scheduled -only if required July 28, 2025 REGULAR MEETING August 5, 2025 (Tuesday) No meeting scheduled - only if required August 11, 2025 No meeting scheduled -only if required August 18, 2025 REGULAR MEETING August 25, 2025 No meeting scheduled - only if required September 2, 2025 (Tuesday) No meeting scheduled -only if required September 8, 2025 REGULAR MEETING September 15, 2025 No meeting scheduled -only if required September 22, 2025 REGULAR MEETING September 29, 2025 No meeting scheduled - only if required October 6, 2025 REGULAR MEETING October 14, 2025 (Tuesday) No meeting scheduled - only if required October 20, 2025 REGULAR MEETING October 27, 2025 No meeting scheduled - only if required November 3, 2025 REGULAR MEETING November 10, 2025 No meeting scheduled -only if required November 17, 2025 REGULAR MEETING November 24, 2025 No meeting scheduled - only if required December 1, 2025 REGULAR MEETING December 8, 2025 No meeting scheduled -only if required December 15, 2025 REGULAR MEETING December 22, 2025 No meeting scheduled -only if required December 29, 2025 No meeting ** The Procedural By-law p ro v i d e s f o r Council and/or Committee o f t h e W h o I e meetings to be scheduled, as required, on the alternate Monday of the regularly scheduled Council meeting. COUNCIL REPORT M&C No. 2024-261 Report Date September 24, 2024 Meeting Date October 1, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Correction to M&C 2024-249 RFP-2024-092203P - Consulting Services - Comprehensive Parking Study OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author(s) Commissioner/Dept. Head Chief Administrative Officer Jill Good Michael Hugenholtz / Marc Dionne J. Brent McGovern RECOMMENDATION It is recommended that the resolution regarding the proposal submitted by Arcadis Professional Services (Canada) Inc., passed on September 16, 2024 be rescinded and replaced with the following: It is recommended that the proposal submitted by Arcadis Professional Services (Canada) Inc. for RFP-2024-092203P to provide professional consulting services required for the development of Comprehensive Parking Study in the amount of $165,016.40 + HST be accepted and that the Mayor and City Clerk be authorized to execute documentation in that regard. REPORT Due to a typographical error in the information originally received, the cost of the consulting services was understated by $1,000.00 + HST in M&C report 2024- 249 RFP-2024-092203P - Consulting Services - Comprehensive Parking Study. There was no error in the RFP process. The original recommendation should be rescinded and replaced to represent the correct amount of the services is $165,016.40 + HST. PREVIOUS RESOLUTION Not applicable. STRATEGIC ALIGNMENT 61 -2- Not applicable. SERVICE AND FINALCIAL IMPLICATIONS The cost for the work to complete the Comprehensive Parking Study, proposed by Arcadis Professional Services (Canada) Inc. is $165,016.40 + HST. The funds for this work will come from the 2024 and 2025 parking operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management facilitated the Request for Proposal (RFP) process to solicit proposals for Consulting Services — Comprehensive Parking Study. ATTACHMENTS M&C 2024-249 62 COUNCIL REPORT M&C No. 2024-249 Report Date September 9, 2024 Meeting Date September 16, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. RFP-2024-092203P - Consulting Services - Comprehensive Parking Study OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author(s) Commissioner/Dept. Head Chief Administrative Officer Jill Good Michael Hugenholtz / Marc Dionne J. Brent McGovern RECOMMENDATION It is recommended that the proposal submitted by Arcadis Professional Services (Canada) Inc. for RFP-2024-092203P to provide professional consulting services required for the development of Comprehensive Parking Study in the amount of $164,016.40 + HST be accepted and that the Mayor and City Clerk be authorized to execute documentation in that regard. EXECUTIVE SUMMARY The City of Saint John, Parking department is seeking experienced consultants to support the development of a Comprehensive Parking study ('study') that provides guidance for the Parking service, tailored to meet evolving community needs, support future development and smart growth. The study will include a full review of the current Parking service, with a focus on the South -Central Peninsula. A summary of current parking practices and capacities will help to support and provide strategic short-term and long-term recommendations for future growth and innovative parking improvements, in alignment with MoveSJ and other related plans. A Request for Proposals (RFP) issued for consulting services closed on August 7, 2024. The Supply Chain Management Team guided an evaluation team through the procurement process, evaluating both technical and financial requirements. The evaluation team completed its due diligence in selecting a Proponent that would provide consulting services to facilitate a successful study. It is intended 63 -2- that this study will allow the City to make better evidence based decisions as it relates to future growth, demand forecasting and parking strategy development. Based on the evaluation process, Arcadis Professional Services (Canada) Inc. has been selected as the successful Proponent. The project is expected to start in September 2024, with a kick-off meeting scheduled within the same week of project award. The project is anticipated to span approximately five months, culminating in the presentation of the final outcomes to the Council in February 2025. The total cost is $164,016.40 + HST which will come from the operating budget. PREVIOUS RESOLUTION Not applicable. REPORT As outlined in the 2024 Strategic Initiatives Plan the City of Saint John Parking department, with the support of a consultant will complete a Comprehensive Parking study ('study'). The study will provide a review of the current Parking service, with a focus on the South -Central Peninsula which will support provide guidance for not only the Parking service, but be tailored to meet evolving community needs, to support future development and smart growth The RFP for consulting services for the comprehensive parking study was issued on July 9th, 2024, and closed on August 71h, 2024. Specific deliverables outlined in the RFP included a summary of existing on -street and off-street parking supply (both municipal and private); identification of illegal off-street parking lots; summary of parking demand / utilization; review of the locations of loading zones and availability; opportunities for greening the parking service; review of the residential parking program; future parking demand forecasting; best practice review using comparable municipalities as well as community education and engagement plan including focus group and public information sessions. The project is expected to start in September 2024, with a kick-off meeting scheduled within the same week of project award. The project is anticipated to span approximately five months, with monthly progress meetings, community engagement, data collection, surveying all culminating in the presentation of the final outcomes to the Council in February 2025. Based on the evaluation process, Arcadis Professional Services (Canada) Inc. has been selected as the successful Proponent. The total cost is $164,016.40 + HST which will come from the 2024 and 2025 parking operating budget. -3- PREVIOUS RESOLUTION Not applicable. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Grow and Belong as well as the City's Strategic Plan goal of being prosperous and to create an environment where all of our citizens, neighbourhoods, natural spaces and businesses thrive. SERVICE AND FINALCIAL IMPLICATIONS The cost for the work to complete the Comprehensive Parking Study, proposed by Arcadis Professional Services (Canada) Inc. is $164,016.40 + HST. The funds for this work will come from the 2024 and 2025 parking operating budget. Success of this study will require City resources from various departments to be available for information gathering and supporting the successful Proponent. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management facilitated the Request for Proposal (RFP) process to solicit proposals for Consulting Services — Comprehensive Parking Study. As such the RFP closed on Wednesday, August 7t", 2024 with the following companies responding by submitting proposals: • Arcadis Professional Services (Canada) Inc. • WSP Canada Inc. • Stantec Consulting Ltd. • LEA Consulting Ltd. • BA Consulting Group Ltd. An evaluation committee, consisting of staff from Traffic, Parking and Community Planning reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Quality and Completeness 2. Approach 3. Experience and Expertise of Proponent 4. Financial Proposal The proposal submitted by Arcadis Professional Services (Canada) Inc. was ranked highest by the evaluation committee and met all the requirements set forth in the RFP. The above process is in accordance with the City's Procurement Policy and Supply Chain Management supports the recommendation being put forth. 65 -4- ATTACHMENTS None Q 0 �av � N", j T jo, I--� . COMMON COUNCIL REPORT M&C No. 2024-257 Report Date September 25, 2024 Meeting Date October 01, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Agreement on the Canada Community -Building Fund (CCBF) with Local Governments (2024-2033) Primary Author Commissioner/Dept. Head City Manager Brittany Doyle Ian Fogan/ Michael Baker J. Brent McGovern I;7��•1uIu7�►�I �7_� �r[•1P1 It is recommended that the City enter into an Agreement with the Government of New Brunswick for funding under the Canada Community -Building Fund (CCBF) with Local Governments (2024-2033), in the form as presented to Council at its October 15t, 2024, meeting; and that the Mayor and City Clerk be authorized to execute the said Agreement. EXECUTIVE SUMMARY The infrastructure funding package for the CCBF program (2024-2033) will allow for the construction, renewal or material enhancement of various types of infrastructure in the City of Saint John. The purpose of this report is to obtain Council's approval to enter into an Agreement with the Province of New Brunswick for CCBF funding (2024-2033). PREVIOUS RESOLUTIONS N/A REPORT The CCBF funding program formerly known as the federal Gas Tax Fund (GTF), is a permanent source of funding provided to local governments biannually per the formula in the Canada -New Brunswick agreement. This funding program is for the construction, renewal or material enhancement of a variety of types of infrastructure within the City of Saint John. This infrastructure funding program started in 2005-06 with the signing of the Canada New Brunswick Agreement on the Transfer of Federal Gas Tax 67 -2- Revenues under the New Deal for Cities and Communities 2005-2015. In 2011, the federal government announced that this funding program would include a permanent annual investment of $2 billion beyond 2014, across Canada. On May 20, 2014, the Administrative Agreement on the Federal Gas Tax Fund (2014- 2024) was signed between Canada and New Brunswick. The newly attached CCBF agreement continues the funding program for the next 10 year (2024-2033). The total funding approved for Saint John under the CCBF funding program (2024- 2033) is $26,063,157. The approximate yearly funding allotments for the City are detailed below. 2024-2028 Canada Community -Building Fund Allocations Date Federal Government Allocation January 1— $ 4,964,411 December 31, 2024 January 1— December 31, 2025 $ 5,171,261 January 1— December 31, 2026 $ 5,171,261 January 1— December 31, 2027 $ 5,378,112 January 1— $ 5,378,112 December 31, 2028 Totals ($) $ 26,063,157 STRATEGIC ALIGNMENT In addition to updating City infrastructure, the funding will allow the vision from the City's GROW, MOVE, GREEN, BELONG, and PERFORM priorities, along with other City plans, to be incorporated into various approved projects over the life of the agreement. SERVICE AND FINANCIAL OUTCOMES The City of Saint John will receive funding from the Provincial Government for expenditures to upgrade municipal infrastructure which supports strong life cycle maintenance of the City's assets and upholds the long-term financial sustainability of the City of Saint John. Staff have allocated the CCBF funding ($10,135,672) assigned to 2024 & 2025 within the draft 2025 Capital Programs (General & Utility) currently before -3- Council. This fall, staff will prepare a Capital Investment plan for the 2024-2028 funding phase which will include the projects detailed within the draft 2025 Capital Programs. The Capital Investment plan will be approved by Council before a formal submission is completed to the province. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Agreement on the Canada Community -Building Fund (CCBF) with Local Governments (2024-2033) has been reviewed by the General Counsel's office. ATTACHMENTS Agreement with the Government of New Brunswick for funding under the "Canada Community -Building Fund (CCBF) with Local Governments (2024-2033)" New ANouve 3runswiek C A N A D A September 12, 2024 Her Worship Donna Reardon Mayor of the City of Saint John Your Worship: Subject: Agreement on the Canada Community -Building Fund with Local Governments (2024-2033) - The City of Saint John I am pleased to confirm that under the Administrative Agreement on the Canada Community - Building Fund, the City of Saint John will be eligible to receive financial support for qualifying infrastructure projects. The funds allocated to your local government are subject to the terms and conditions outlined in the attached agreement, annexes and schedules. I also encourage you to submit your 2024-2028 Capital Investment Plan (CIP) to the Department at your earliest convenience. The reference no. assigned to your CIP is 6938.078.0000. Please be advised the Agreement stipulates no public announcement shall be made by the municipality without the prior consent of the Department of Environment and Local Government. Moreover, public announcements will be made in conjunction with representatives of both the federal and provincial governments. Please confirm your acceptance of the conditions by signing the enclosed agreement accompanied by your corporate seal and returning it to our department as soon as possible to the following address: Community Funding Branch Department of Environment and Local Government 20 McGloin Street Fredericton, New Brunswick E3A 5T8 Please feel free to contact the Community Funding Branch at (506) 457-4947 or by email at CCBF-FDCC(a-_)gnb.ca if you have any questions or concerns. www_9nbxa Ministerlministre Environment and Local Government 1 Environnement et Gouvernements locaux P.O. Box 1 C.P. 6000 Fredericton New Brunswick/ Nouveau -Brunswick E3B 5H1 Canada 70 In closing, I wish you success with your CCBF projects during the lifespan of this agreement. Hon. Glen Savoie Minister of Local Government Enclosure: Agreement on the Canada Community -Building Fund with Local Governments (2024-2033) C. Ms. Cynde Faulkner, Assistant Deputy Minister Mr. Alex Berry, Director 71 AGREEMENT ON THE CANADA COMMUNITY -BUILDING FUND WITH LOCAL GOVERNMENTS (2024-2033) BETWEEN: THE GOVERNMENT OF NEW BRUNSWICK, as represented by the Minister of Local Government ("New Brunswick"), AND THE CITY OF SAINT JOHN, in the Province of New Brunswick (the "Local Government"). (individually a "Party', and collectively the "Parties") WHEREAS HIS MAJESTY THE KING IN RIGHT OF CANADA, as represented by the Minister of Housing, Infrastructure and Communities ("Canada") and New Brunswick entered into an administrative agreement respecting the roles and responsibilities of Canada and New Brunswick for the administration of the Canada Community -Building Fund ("CCBF") under the Administrative Agreement on the Canada Community -Building Fund effective April 1st, 2024 (the "Administrative Agreement"). AND WHEREAS New Brunswick agrees to administer the Administrative Agreement on behalf of Canada and allocate to the Local Government a portion of any CCBF funding that may be transferred by Canada under the Administrative Agreement for the purposes described in the Administrative Agreement. AND WHEREAS the Parties agree that any CCBF funding allocated to the Local Government is to help the community build and revitalize their public Infrastructure that supports national objectives of productivity and economic growth, a clean environment and strong cities and communities. NOW THEREFORE, the Parties hereby agree as follows: 1. PURPOSE This Agreement sets out the roles and responsibilities of New Brunswick and the Local Government for the administration of the CCBF. 2. DEFINITIONS Unless defined elsewhere in this Agreement, capitalized words used throughout this Agreement are defined in Annex A (Definitions). 3. ANNEXES AND SCHEDULES The following annexes and schedules are attached to and form part of this Agreement: Annex A: Definitions Annex B: Terms and Conditions Schedule A: Ultimate Recipient Requirements Schedule B: Eligible Project Categories Schedule C: Eligible and Ineligible Expenditures 72 Schedule D; Schedule E: Schedule F: Schedule G; 4. ADDITIONAL OR UNSPENT FUNDS Program Reporting Communications Protocol Asset Management Housing Report 4.1 Any CCBF funding that may be transferred by New Brunswick to the Local Government, once transferred, will be administered by the Local Government in accordance with this Agreement, including with the Terms and Conditions set out in Annex B. 4.2 Any Unspent Funds, and any interest earned thereon, will be subject to the Terms and Conditions (Annex B) of this Agreement and will no longer be governed by the terms and conditions of any Previous Agreements. 5. DISPUTE RESOLUTION 5.1 New Brunswick and the Local Government will work together to resolve any issues which may arise in relation to this Agreement. 5.2 If, after a reasonable effort has been made, an issue cannot be resolved between the Parties, it is understood that the final decision with respect to such issue will rest solely with New Brunswick, in its sole discretion. Where applicable, New Brunswick shall so advise the Local Government of the final decision in writing. 5.3 In the event of a dispute, New Brunswick may, in its sole and absolute discretion, delay or withhold fund transfers to the Local Government in circumstances where New Brunswick believes that the Local Government is not acting in good faith to resolve a dispute. 5.4 It is understood that failure by the Local Government to meet any of the Local Government's requirements outlined in this Agreement may result in New Brunswick delaying or withholding funding, pending confirmation satisfactory to New Brunswick of the Local Government's compliance with the applicable provision of this Agreement. 6. RECORDS The Local Government will ensure proper, accurate and relevant financial accounts and other records are kept that are related to this Agreement and the use of CCBF funding, including but not limited to contracts, invoices, statements, receipts and vouchers. Said accounts and records shall be stored for at least six (6) years following the expiration or earlier termination of this Agreement. New Brunswick shall be provided with reasonable and timely access to said documentation for the purposes of audit and ensuring compliance with this Agreement and the Administrative Agreement. 73 2 7. DURATION, TERMINATION, REVIEW AND AMENDMENT 7.1 This Agreement will come into effect as of April 1, 2024, and will be in effect until March 31, 2034, unless New Brunswick agrees in writing to renew it, which shall be contingent on Canada and New Brunswick renewing the Administrative Agreement. 7.2 This Agreement may be amended at any time in writing as agreed to by New Brunswick and the Local Government. Notwithstanding the foregoing, where there is an amendment to the Administrative Agreement, this Funding Agreement shall be amended accordingly, where necessary. 7.3 This Agreement may be terminated at any time and for any reason by either New Brunswick or the Local Government with two (2) years written notice. In the event this Agreement is so terminated, any CCBF funding, Unspent Funds, and/or any interest earned thereon held by New Brunswick or the Local Government, that have not been expended on Eligible Projects as of the date of termination will nevertheless continue to be subject to this Agreement until such time as may be determined by New Brunswick. 7.4 If the Administrative Agreement is terminated prior to the expiration of this Agreement, this Agreement shall be effectively terminated as of the same date. New Brunswick shall provide the Local Government with notice of same. 7.5 If the Local Government fails to comply with any term or condition of this Agreement, New Brunswick may inform the Local Government by notice in writing that New Brunswick's obligation to transfer funds to the Local Government is hereby withheld or demand the return of any payment or part thereof. Any payment or part thereof demanded by New Brunswick and not returned by the Local Government within the timeframe required by New Brunswick shall be a debt due to New Brunswick. 7.6 The Local Government will indemnify and save harmless each of Canada and New Brunswick and each of their respective ministers, servants, officers, employees and agents from and against all claims, liabilities, and demands of any kind with respect to any injury or death to a person, or damage to or loss or destruction of property, economic loss or infringement of rights by or arising directly or indirectly from: a. the Administrative Agreement or this Agreement; b. the performance of this Agreement or the breach of any term or condition of it by the Local Government, its officers, servants, employees and agents, or by a Third Party, and any of its officers, employees, servants or agents; c. the ongoing operation, maintenance and repair of the municipal Infrastructure resulting from the project(s); and d. any omission or other wilful or negligent act of the Local Government, a Third Party, their respective employees, officers, servants or agents. 74 3 7.7 The Parties' rights and obligations respecting access to records and liability for projects will survive the expiry or earlier termination of this Agreement. 8. CORRESPONDENCE Any notice or communication required or permitted by this Agreement shall be delivered in person, sent by electronic mail or sent by mail addressed to: For New Brunswick: Community Funding Branch Department of Environment and Local Government 20 McGloin Street Fredericton, New Brunswick E3A 5T8 Email: CCBF-FDCC@gnb.ca For the Local Government: To the Chief Administrative Officer's (CAO) attention. P.O. Box 1971 Saint John, New Brunswick E21- 4L1 Email: brent.mcgovern@saintjohn.ca or such other address or addressed to such other person as New Brunswick or the Local Government may, from time to time, designate in writing to the other Party. 9. GENERAL 9.1 New Brunswick and the Local Government acknowledge that the financial contribution by Canada under the Administrative Agreement and, in consideration of that contribution and notwithstanding that Canada is not a signatoryto this Agreement, the Parties agree that the terms of this Agreement applicable to, or with respect to, Canada are for Canada's sole benefit. 9.2 Nothing in this Agreement is to be construed as authorizing one Party to contract for or to incur any obligation on behalf of the other or to act as an agent for the other. Nothing in this Agreement is to be construed as authorizing the Local Government or any Third Party to contract for or to incur any obligation on behalf of New Brunswick or to act as an agent for New Brunswick. 9.3 This Agreement is subject to the Right to Information and Protection of Privacy Act. 75 4 9.4 If there is a conflict between this Agreement and the Administrative Agreement, the provisions of the Administrative Agreement will apply. Notwithstanding any other provision of this Agreement, the Parties agree and acknowledge that in the event there are amendments to the Administrative Agreement all corresponding amendments shall be made to this Agreement and continued CCBF funding shall be contingent on same. 9.5 Either Party (the "Waiving Party") may, at its option, waive in whole or in part any failure by the other Party (the "Obligated Party") to perform any of the obligations under this Agreement. A waiver applies only to the specific matter it addresses, extends only to the Waiving Party and will not prejudice the right of the Waiving Party to complete the transaction of purchase and sale contemplated in this Agreement or to require the subsequent performance by the Obligated Party of any obligation under this Agreement. 9.6 Neither Party may assign this Agreement or any part of it without the written consent of the other Party. 9.7 If any term of this Agreement (the "Invalidated Term") is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the Invalidated Term will not affect the remainder of this Agreement. The Invalidated Term will be treated as being modified to the extent necessary to make it enforceable while preserving as much as possible the intent of the Parties expressed in this Agreement. 9.8 Compliance with provisions of this Agreement that establish deadlines is vital to this Agreement and mandatory. 9.9 This Agreement will be governed by the laws of New Brunswick and Canada. In any legal proceeding, this Agreement will be treated as having been performed in New Brunswick. Each Party submits to the exclusive jurisdiction of the courts of New Brunswick. 9.10 This Agreement is in English by agreement of the Parties. Les Parties s'accordent et consentent que cette entente est en anglais seulement. 9.11 The Parties will promptly take any further steps and execute any other documents as may be reasonably requested or necessary to give full effect to this Agreement. 9.12 This Agreement is for the benefit of and binds the Parties and their successors and permitted assignees. 9.13 This Agreement may be executed electronically and in any number of counterparts, each of which is deemed to be an original, and such counterparts together constitute one and the same instrument. Transmission of an executed 76 5 signature page by facsimile, email or other electronic means is as effective as a manually executed counterpart of this Agreement. 9.14 An information website by New Brunswick provides reference information regarding the CCBF, including information such as the Administrative Agreement, the Capital Investment Plan template, and reporting templates: http://www2. nb.ca/content/gnb/en/departments/e�Iocal overnment/content/fi nancial support/content/gas tax fund.html 77 6 The Parties enter into this agreement by signing below. Witness: Melanie Landry GOVERNMENT OF NEW BRUNSWICK The Honourable Glen Savoie Minister of Local Government Date: 12/09/2024 LOCAL GOVERNMENT Donna Reardon Mayor Date: Name: Administrator/ Clerk Date: [affix Local Government seal] 78 7 ANNEX A DEFINITIONS "Administrative Agreement" means the Administrative Agreement on the Canada Community - Building Fund entered into between Canada and New Brunswick, setting out the roles and responsibilities of Canada and New Brunswick for the administration of the CCBF. "Affordable Housing" means a dwelling unit where the cost of shelter, including rent and utilities, is a maximum of 30% of before -tax household income. The household income is defined as 80% or less of the Area Median Household Income (AMHI) for the metropolitan area or rural region of the Local Government. "Agreement" means this agreement between New Brunswick and the Local Government setting out the roles and responsibilities of New Brunswick and the Local Government for the administration of the CCBF, including the Annexes and Schedules attached hereto. "Annual Expenditure Report" means the duly completed annual report on expenditure to be prepared and delivered by the Local Government to New Brunswick, as described in Section 1.1 of Schedule D (Program Reporting). "Asset Management" is a principle/practice that includes planning processes, approaches, plans, or related documents that support an integrated lifecycle approach to the effective stewardship of Infrastructure assets in order to maximize benefits and effectively manage risk. "Asset Management Plan" means a strategic framework that supports the sustainable delivery of established services through the management of capital assets including municipal Infrastructure. "Canada" means the Government of Canada, as represented by the President of the King's Privy Council for Canada, Minister of Housing, Infrastructure and Communities. "Canada Community -Building Fund" (CCBF) means the program established under section 161 of the Keeping Canada's Economy and Jobs Growing Act, S.C. 2011, c. 24 as amended by section 233 of the Economic Action Plan 2013 Act, No. 1, S.C. 2013, c. 33, as the Gas Tax Fund and renamed the Canada Community -Building Fund in section 199 of Budget Implementation Act, 2021, No. 1. "Contract" means an agreement between the Local Government and a Third Party whereby the latter agrees to supply a product or service to an Eligible Project in return for financial consideration. "Capital Investment Plan" (CIP) means a plan approved by Local Government Council and submitted by the Local Government to New Brunswick which includes a description of Eligible Projects for which the Local Government intends to use its CCBF funding, the project category, the estimated sources of funding and amounts, the outputs and outcomes the Local Government expects to achieve as a result of the Eligible Project and if the Eligible Project enables housing. 79 8 "Eligible Expenditures" means those expenditures described as eligible in Schedule C (Eligible and Ineligible Expenditures). "Eligible Projects" means projects as described in Schedule B (Eligible Project Categories). "Housing Needs Assessment" (HNA) means a report informed by data and research describingthe current and future housing needs of a municipality or community accordingto guidance provided by Canada. "Housing Report" means the duly completed housing report to be prepared and delivered by the Local Government to New Brunswick annually by May 31 as described in Schedule G (Housing Report). "Ineligible Expenditures" means those expenditures described as ineligible in Schedule C (Eligible and Ineligible Expenditures). "Infrastructure" means municipal or regional, publicly or privately owned Tangible Capital Assets in New Brunswick primarily for public use or benefit. "Previous Agreements" means any agreements between Canada and New Brunswick or between New Brunswick and the Local Government for the purposes of administering the Gas Tax Fund or Canada Community -Building Fund (CCBF). "Tangible Capital Assets" means a non -financial asset having physical substance that: i. are held for use in the production or supply of goods and services for administrative purposes or for the development and construction of other tangible capital assets; ii. have useful economic lives extending beyond one year; iii. are to be used on a continuing basis; and, iv. are not for sale in the ordinary course of operations, "Third Party" means any person or legal entity, other than Canada, New Brunswick or the Local Government, who participates in the implementation of an Eligible Project by means of a Contract. "Ultimate Recipient" means: (i) a local government or its agent (including its wholly owned corporation); (ii) a non -municipal entity, including Indigenous recipients, non -governmental and not -for -profit organizations, on the condition that (a) the local government(s) has (have) indicated support for the project through a formal resolution of its (their) council(s), or for Eligible Projects in unincorporated areas, an approval of the Minister of Local Government. (iii) New Brunswick entities in the form of departments, corporations and agencies where they provide core municipal services. For clarity, the Local Government is an Ultimate Recipient pursuant to this Agreement and the Administrative Agreement. 80 9 "Unspent Funds" means funds (as defined by Previous Agreements) that have not been allocated towards an Eligible Project (as defined under the Previous Agreements) in accordance with Previous Agreements prior to the effective date of this Agreement. 81 10 ANNEX B TERMS AND CONDITIONS 1. ALLOCATION FORMULA 1.1 Any Unspent Funds held by New Brunswick and any CCBF fundingthat may be received by New Brunswick from Canada, as well as any interest earned thereon, will be allocated annually as outlined below. 1.2 Unspent Funds that were allocated by New Brunswick to the Local Government but not expended by New Brunswick or the Local Government, including Unspent Funds that have been withheld from the Local Government by New Brunswick, will remain allocated to the Local Government. 1.3 Before determining any allocation to the Incorporated Areas and the Unincorporated Areas, New Brunswick may apply up to a maximum of 1.35 per cent of regular annual CCBF funding it may receive from Canada for administrative expenses. 1.4 New Brunswick will allocate ninety-six per cent (96%) of the remainder of any CCBF funding that may be transferred to it from Canada annually to the Incorporated Areas Allocation. 1.5 New Brunswick will allocate to eligible Ultimate Recipients in Incorporated Areas, a portion of the Incorporated Areas Allocation. This portion will be determined based on the below formula, subject to the provisions below: (a) A per capita calculation of population within pre -reform local government boundaries totaling 80% of the remainder of any CCBF funding that may be transferred to New Brunswick from Canada annually. (b) A per capita calculation of population within pre -reform Unincorporated Areas that have been amalgamated with local governments as of January 1, 2023, totaling 16% of the remainder of any CCBF funding that may be transferred to New Brunswick from Canada annually. 1.6 The portions referred to in section 1.5 above, will be determined by New Brunswick. 2. DELIVERY MECHANISM - INCORPORATED AREAS ALLOCATION 2.1 Notwithstanding any other provision of this Funding Agreement, payments to the Local Government shall be contingent upon New Brunswick receiving the CCBF funds from Canada, and further subject to the Local Government's compliance with the terms and conditions of this Funding Agreement. 2.2 New Brunswick will allocate directly to the Local Government a portion of the Incorporated Areas Allocation based on the Allocation Formula described above. 2.3 The Local Government must develop and provide to New Brunswick a five-year Capital Investment Plan. 82 11 2.4 The Local Government will decide which Eligible Projects will receive CCBF funding in accordance with any allocation, and in accordance with the Local Government's Capital Investment Plans for Incorporated Areas. 2.5 The Local Government shall use the CCBF funding only for Eligible Projects and solely in respect of Eligible Expenditures, as defined in this Agreement. 3. USE AND RECORDING OF FUNDS 3.1 Any CCBF funding that may be transferred to the Local Government, Unspent Funds, and any interest earned thereon, shall be used by the Local Government in accordance with this Agreement and specifically Schedule A (Ultimate Recipient Requirements). 3.2 Upon receipt of any CCBF funding from New Brunswick, the Local Government will record into a separate and distinct account any CCBF funding received, and any interest earned thereon. 3.3 Any CCBF funding that may be transferred by New Brunswick to the Local Government will be treated as federal funds with respect to other federal infrastructure programs. 4. ELIGIBLE PROJECT CATEGORIES Eligible Project categories under the CCBF include the following: highways; local roads and bridges; short -sea shipping; short -line rail; regional or local airports; broadband connectivity; public transit; drinking water; wastewater; solid waste; community energy systems; brownfield redevelopment; sports, cultural, recreational, or tourism infrastructure; resilience; fire halls; and capacity building among local governments. Schedule B (Eligible Project Categories) provides further details regarding Eligible Project categories. 5. ELIGIBLE EXPENDITURES Eligible Expenditures are those associated with the following: the acquiring, planning, designing, constructing, or renovating of a Tangible Capital Asset, or completing work to ensure that the asset is able to reach the end of its intended life; the strengthening of the ability of local governments to improve local and regional planning and Asset Management as well as joint federal communication activities and federal signage. Schedule C (Eligible and Ineligible Expenditures) sets out specific requirements for eligible and ineligible expenditures. 6. CAPITAL INVESTMENT PLAN 6.1 The Local Government agrees to submit two Capital Investment Plans (CIP) in a format, as determined by New Brunswick, which includes the information consistent with the requirements of the Administrative Agreement, and to work in collaboration with New Brunswick for the first CIP, for the period 2024-2028, to be approved by December 31, 2027 and the second CIP, for the period 2029-2033, to be approved by December 31, 2032. 83 12 6.2 The Local Government will submit CIPs approved by the Local Government Council with projects totaling all of its estimated allocation. The CIPs will be reviewed by New Brunswick for project eligibility. Once approved by New Brunswick, the Local Government will be advised, in writing, of the approval of the CIPs 6.3 The CIPs may be modified, with the approval of New Brunswick, if the Local Government's priorities change. Projects that have not been started can be modified or removed, and new projects can be added, provided thatthe Local Government has indicated its support through a formal resolution of its council. Changes in expenditures do not require council resolution if the total CIP contribution is rebalanced with other approved projects. 6.4 The Local Government shall not alter the scope of a CIP without the prior written consent of New Brunswick. 6.5 The Local Government shall inform New Brunswick promptly in writing of any reduction in approved CIP costs or of any additional financial assistance, including federal, provincial, municipal or third party assistance, with respect to an approved CIP, and New Brunswick shall have the right to adjust the amount of the funds applicable to that CIP to take into account the amount of any such additional assistance that is to be received. 7. REPORTING The Local Government will meet any applicable reporting requirements set out in Schedule D (Program Reporting) and Schedule G (Housing Report), as applicable. 8. COMMUNICATIONS This Agreement formalizes clear requirements to support federal communications objectives. Schedule E (Communications Protocol) sets out specific communications requirements, including: • providing upfront project information on an annual basis for communications purposes; • including the federal government in local project communications; and • installing federal project signs, unless otherwise approved by Canada. 9. ASSET MANAGEMENT Asset Management will be undertaken in accordance with the approach set out in Schedule F (Asset Management) and New Brunswick will provide the Local Government with guidance on the requirements for this Agreement when available. 84 13 SCHEDULE A - Ultimate Recipient Requirements The Local Government, being an Ultimate Recipient, is required to: 1. Be responsible for the completion of each Eligible Project in accordance with Schedule B (Eligible Project Categories) and Schedule C (Eligible and Ineligible Expenditures). 2. Comply with all Ultimate Recipient or Local Government requirements outlined in Schedule D (Program Reporting), Schedule E (Communications Protocol) and Schedule G (Housing Report). 3. Continue to develop Asset Management Plans for the assets under their control and make use of these plans to inform community Infrastructure decision -making. 4. Invest, in a distinct account, CCBF funding it receives from New Brunswick in advance of it paying Eligible Expenditures. 5. With respect to Contracts, award and manage all Contracts in accordance with their relevant policies and procedures and, if applicable, in accordance with the Agreement on Internal Trade and applicable international and interprovincial trade agreements, and all other applicable laws, such as the Procurement Act. 6. Invest into Eligible Projects, any revenue that is generated from the sale, lease, encumbrance or other disposal of an asset resulting from an Eligible Project where such disposal takes place within five (5) years of the date of completion of the Eligible Project. 7. Allow Canada and New Brunswick reasonable and timely access to all of its documentation, records and accounts and those of their respective agents or Third Parties related to the use of CCBF funding and Unspent Funds, and any interest earned thereon, and all other relevant information and documentation requested by Canada or its designated representatives for the purposes of audit, evaluation, and ensuring compliance with this Administrative Agreement. 8. Keep proper and accurate accounts and records in respect of all Eligible Projects for at least six (6) years after completion of the Eligible Project and, upon reasonable notice, make them available to Canada and New Brunswick. Keep proper and accurate accounts and records relevant to the CCBF program for a period of at least six (6) years after the termination of this Agreement. 9. Ensure their actions do not establish or be deemed to establish a partnership, joint venture, principal -agent relationship or employer -employee relationship in any way or for any purpose whatsoever between Canada and the Local Government, or between Canada and a Third Party, or between New Brunswick and the Local Government, or between New Brunswick and a Third Party. 10. Ensure that they do not represent themselves, including in any agreement with a Third Party, as a partner, employee or agent of either Canada or New Brunswick. 85 14 11.Ensure that no current or former public servant or public office holder to whom any post -employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada applies will derive direct benefit from CCBF funding, Unspent Funds, and interest earned thereon, unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. 12.Ensure that they will not, at any time, hold the Government of Canada or the Government of New Brunswick, their officers, servants, employees or agents responsible for any claims or losses of any kind that they, Third Parties or any other person or entity may suffer in relation to any matter related to CCBF funding or an Eligible Project and that they will, at all times, compensate the Government of Canada and the Government of New Brunswick, their officers, servants, employees and agents for any claims or losses of any kind that any of them may suffer in relation to any matter related to CCBF funding or an Eligible Project. 13.Agree that any CCBF funding received will be treated as federal funds for the purpose of other federal Infrastructure programs. 14.Complete, publish on its website and send the link to New Brunswick by March 31, 2025, for all communities with a 2021 Census population of 30,000 or more, a Housing Needs Assessment prepared in accordance with guidance provided by Canada. If the Local Government has completed their Housing Needs Assessments after April 1, 2019, they may submit their existing Housing Needs Assessment if it complies with the requirements for Housing Needs Assessments provided by Canada. 15.Agree that the above requirements which, by their nature, should extend beyond the expiration or termination of this Agreement, will extend beyond such expiration or termination. 86 15 SCHEDULE B - Eligible Project Categories Eligible Projects include investments in Infrastructure for its construction, renewal or material enhancement in each of the following categories (as defined in the current program terms and conditions): 1. Local roads and bridges - roads, bridges and active transportation Infrastructure. 2. Highways - highway Infrastructure. 3. Short -sea shipping - Infrastructure related to the movement of cargo and passengers around the coast and on inland waterways, without directly crossing an ocean. 4. Short -line rail - railway related infrastructure for carriage of passengers or freight. 5. Regional and local airports - airport -related Infrastructure (excludes the National Airport System). 6. Broadband connectivity - Infrastructure that provides internet access to residents, businesses, and/or institutions in Canadian communities. 7. Public transit - Infrastructure which supports a shared passenger transport system which is available for public use. 8. Drinking water - Infrastructure that supports drinking water conservation, collection, treatment and distribution systems. 9. Wastewater - Infrastructure that supports wastewater and storm water collection, treatment and management systems. 10.Solid waste - Infrastructure that supports solid waste management systems including the collection, diversion and disposal of recyclables, compostable materials and garbage. 11.Community energy systems - Infrastructure that generates or increases the efficient usage of energy. 12. Brownfield Redevelopment - remediation or decontamination and redevelopment of a brownfield site within municipal boundaries, where the redevelopment includes: • the construction of public Infrastructure as identified in the context of any other category under the CCBF, and/or; • the construction of municipal use public parks and publicly -owned social housing. 13.Sport Infrastructure - amateur sport Infrastructure (excludes facilities, including arenas, which would be used as the home of professional sports teams or major junior 87 16 hockey teams). 14.Recreational Infrastructure - recreational facilities or networks. 15.Cultural Infrastructure - Infrastructure that supports arts, humanities, and heritage. 16.Tourism Infrastructure - Infrastructure that attract travelers for recreation, leisure, business or other purposes. 17. Resilience - built and natural Infrastructure assets and systems that protect and strengthen the resilience of communities and withstand and sustain service in the face of climate change, natural disasters and extreme weather events. 18.Capacity building - includes investments related to strengthening the ability of municipalities to develop long-term planning practices including: capital investment plans, integrated community sustainability plans, integrated regional plans, Housing Needs Assessments, and/or Asset Management Plans, related to strengthening the ability of recipients to develop long-term planning practices. 19.Fire Halls - fire halls and fire station Infrastructure. Investments in health Infrastructure (hospitals, convalescent and senior centres) are not an Eligible Product Categories. 88 17 SCHEDULE C - Eligible and Ineligible Expenditures 1. Eligible Expenditures 1.1 Eligible Expenditures of the Local Government are limited to the following: a) the expenditures associated with acquiring, planning, designing, constructing or renovating a Tangible Capital Asset and any related debt financing charges specifically identified with that asset; b) the expenditures associated with completing maintenance on Tangible Capital Assets so as to ensure that these assets achieve the full length of the planned asset life; c) for capacity building category only, the expenditures related to strengthening the ability of local governments to improve local and regional planning including capital investment plans, integrated community sustainability plans, integrated regional plans, Housing Needs Assessments, and/or Asset Management Plans. The expenditures could include developing and implementing: i. studies, strategies, or systems related to Asset Management, which may include software acquisition and implementation; ii. studies, strategies, or systems related to housing or land use, including Housing Needs Assessments; iii. training directly related to Asset Management planning; and iv. long-term Infrastructure plans; and d) the expenditures directly associated with joint federal communication activities and with federal project signage. 1.2 Employee and Equipment Costs: The incremental costs of the Local Government's employees or leasing of equipment may be included as Eligible Expenditures under the following conditions: a) the Local Government is able to demonstrate that it is not economically feasible to tender a Contract; b) the employee or equipment is engaged directly in respect of the work that would have been the subject of the Contract; and, c) the arrangement is approved in advance and in writing by New Brunswick. 2. Ineligible Expenditures The following are deemed Ineligible Expenditures: a) project expenditures incurred before April 1, 2005; b) project expenditures incurred before April 1, 2014 for the following investment categories: i. highways; 89 18 ii. regional and local airports; iii. short -line rail; iv. short -sea shipping; V. disaster mitigation; vi. broadband connectivity; vii. brownfield redevelopment; viii. cultural infrastructure; ix. tourism infrastructure; X. sport infrastructure; and xi. recreational infrastructure. c) project expenditures incurred before April 1, 2021 for the following investment category: fire halls. d) the cost of leasing of equipment by the Local Government, any overhead costs, including salaries and other employment benefits of any employees of the Local Government, direct or indirect operating or administrative costs of the Local Government, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff, except in accordance with Eligible Expenditures above; e) taxes for which the Local Government is eligible for a tax rebate and all other costs eligible for rebates; f) purchase of land or any interest therein, and related costs; g) legal fees; h) routine repair or preventative maintenance costs not designed to ensure that an asset reaches its planned life; and i) costs associated with healthcare Infrastructure or assets. 90 19 SCHEDULE D - Program Reporting Reporting requirements consist of an Annual Expenditure Report (AER), an Outcomes Report, a Project Announcement Planning Report, and when applicable a Housing Report which will all be submitted to New Brunswick for review and acceptance. The reporting year is January 1 to December 31. 1. Annual Expenditure Report (AER) By May 1 of each year, the Local Government will provide New Brunswick an Annual Expenditure Report consisting of two tables (Part I and Part 11) submitted in accordance with the template to be provided by New Brunswick. The Local Government will also sign off on a municipal attestation which will be provided by New Brunswick and shall be part of the Annual Expenditure Report submission to New Brunswick. 2. Housing Report By May 1 each year, the Local Government will provide to New Brunswick a report on housing as outlined in Schedule G (Housing Report). New Brunswick will provide a template document when it becomes available. 3. Outcomes Report By May 1 of each year, the Local Government will provide to New Brunswick an outcomes report. New Brunswick will provide the template document when it becomes available. 4. Project Announcement Planning Report By May 1 of each year, the Local Government will provide to New Brunswick a project announcement planning report. New Brunswick will provide the template document when it becomes available. Failure by the Local Government to adhere to this Schedule may affect the timing and flow of any CCBF funding that may be transferred by New Brunswick. The above noted reports shall all be provided to New Brunswick in a form acceptable to New Brunswick. 91 20 SCHEDULE E - Communications Protocol In support of transparency and accountability of the CCBF, the following communications protocol will apply to all communications activities undertaken regarding any CCBF funding and will apply to New Brunswick and the Local Government. Communicating to Canadians on the use of CCBF funding is clearly linked with Canada and New Brunswick's joint accountability to Canadians. Compliance with this protocol will inform the timing and flow of any CCBF funding and is critical to meeting the joint commitment to transparency. 1. Purpose 1.1 This communications protocol applies to all communications activities related to any CCBF funding, including annual allocations and the identification and communication of projects under the Administrative Agreement and this Agreement. Communications activities may include, but are not limited to: public or media events, news releases, reports, digital and social media products, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, awards programs, and multi -media products. 1.2 Through collaboration, New Brunswick and the Local Government agree to work to ensure consistency in the communications activities meant for the public. This will include the importance of managing the delivery of communications activities based on the principles of transparent and open discussion. 1.3 Failure by the Local Government to adhere to this communication protocol may affect the timing and flow of any CCBF funding that may be transferred by New Brunswick. 2. Collaboration for communications 2.1 The Local Government agrees to work in collaboration with New Brunswick when communicating project information, including provision of upfront project information, project signage, and planned communications activities throughout the year. 2.2The Local Government shall inform New Brunswick of communications opportunities (ex. milestone event, news release) so that New Brunswick may coordinate participation in alignment with this communications protocol. 3. Inform New Brunswick on allocation and intended use of CCBF funding for communications planning purposes 3.1 The Local Government agrees to provide to New Brunswick upfront information on planned Eligible Projects and Eligible Projects in progress on an annual basis by May 1 as indicated in Section 4 of Schedule D. 92 21 3.2 The information to be provided by the Local Government to New Brunswick shall include the following: Eligible Project name; Eligible Project category, a brief but meaningful Eligible Project description; expected project outcomes and outputs including housing (if applicable); federal contribution; anticipated start date; anticipated end date; and a status indicator: not started, underway, completed. 4. Announcements and media events for Eligible Projects 4.1 At Canada's request, Canada and New Brunswick agree to coordinate an announcement regarding annual allocations of CCBF funding. 4.2 Media events and announcements include, but are not limited to: news conferences, public announcements, and the issuing of news releases to communicate funding of projects or key milestones (e.g. ground breaking ceremonies, completions). 4.3 Key milestones events and announcements (such as ground breaking ceremonies and grand openings) may also be marked by media events and announcements, news releases, or through other communications activities. The Local Government, Canada and New Brunswick will have equal visibility through quotes and will follow the Table of Precedence for Canada. 4.4 Media events and announcements related to Eligible Projects will not occur without the prior knowledge and agreement of New Brunswick and, as appropriate, Canada and the Local Government. 4.5 The requester of a media event or an announcement will provide at least 15 working days' notice to the other Party of their intention to undertake such an event or announcement. An event will take place at a mutually agreed date and location. New Brunswick, and, as appropriate, Canada and the Local Government will have the opportunity to participate in such events through a designated representative. If communications is proposed through the issuing of a news release (with no supporting event), 4.6 For media events, each of Canada, New Brunswick and the Local Government will choose its own designated representative. New Brunswick and the Local Government are responsible for coordinating all onsite logistics. 4.7 Neither the Local Government nor New Brunswick shall unreasonably delay the announcement of opportunities identified in annual communications plans that have been pre -approved in advance. 4.8 The conduct of all joint media events, announcements for project funding, and supporting communications materials (ex. News releases, media advisories) will follow the Table of Precedence for Canada. 93 22 4.9 All joint communications material related to media events and announcements must be approved by Canada and New Brunswick, and recognize the funding of Canada and when applicable, of New Brunswick. 4.10 All joint communications material for funding announcements must reflect Canada's Policy on Official Languages and the Policy on Communications and Federal Identity. 4.11 Canada, New Brunswick and the Local Government agree to ensure equal visibility in all communications activities. 5. Program communications 5.1 New Brunswick and the Local Government may include messaging in their own communications products and activities with regard to the CCBF. 5.2 The Party undertaking these activities will recognize the funding of all contributors, including Canada. 5.3 The conduct of all joint events and delivery of supporting communications materials (ex. News releases) that support program communications (ex. Such as intake launches) will follow the Table of Precedence for Canada. 5.4 New Brunswick and the Local Government agree that they will not unreasonably restrict the other from using, for their own purposes, public communications products related to the CCBF prepared by Canada, New Brunswick or the Local Government, or, if web -based, from linking to it. 5.5 Notwithstanding section 4 directly above, the Parties acknowledge that Canada retains the right to meet its obligations to communicate to Canadians about the CCBF and the use of funding. 6. Operational communications 6.1 The Local Government is solely responsible for operational communications with respect to Eligible Projects, including but not limited to, calls for tender, construction, and public safety notices. Operational communications as described above are not subject to the federal official language policy. 6.2 Operational communications should include, where appropriate, the following statement, "This project is funded in part by the Government of Canada" or "This project is funded by the Government of Canada", as applicable. 6.3 New Brunswick and the Local Government will share information as available with Canada should significant emerging media or stakeholder issues relating to an Eligible Project arise. New Brunswick will advise the Local Government, when appropriate, about media inquiries received concerning an Eligible Project. 94 23 7. Communicating success stories 7.1 New Brunswick agrees to facilitate communications between Canada and the Local Government for the purposes of collaborating on communications activities and products including, but not limited to Eligible Project success stories, including the positive impacts on housing, Eligible Project vignettes, and Eligible Project start -to -finish features. 8. Advertising campaigns 8.1 Canada, New Brunswick or the Local Government may, at their own cost, organize an advertising or public information campaign related to the CCBF or Eligible Projects. However, such a campaign must respect the provisions of this Agreement. In the event of such a campaign, the organizing Party agrees to inform the other Party of its intention, and to inform them no less than 21 working days prior to the campaign launch. 9. Digital Communications, Websites and webpages 9.1 Where the Local Government produces social media content to provide visibility to CCBF programs or projects, they shall @mention the relevant Infrastructure Canada official social media account. 9.2 Where a website or webpage is created to promote or communicate progress on an Eligible Project or Projects, it must recognize federal funding through the use of a digital sign or through the use of the Canada wordmark and the following wording, "This project is funded in part by the Government of Canada" or "This project is funded by the Government of Canada", as applicable. The Canada wordmark or digital sign must link to Canada's website, at www.infrastructure.gc.ca. The guidelines for how this recognition is to appear and language requirements are published on Canada's website, at http://www.infrastructure.gc.ca/pub/si na e-panneaux/intro-eng.html. 10. Project signage 10.1 Unless otherwise approved by Canada, the Local Government will install a federal sign to recognize federal funding at Eligible Project site(s). Federal sign design, content, and installation guidelines will be provided by Canada and included in the joint communications approach. New Brunswick will ensure the Local Government is in receipt of the Federal sign design, content, and installation guidelines. 10.2 Where New Brunswick or the Local Government decides to install a sign, a permanent plaque or other suitable marker recognizing their contribution with respect to an Eligible Project, it must recognize the federal contribution to the Eligible Project(s) and be approved by Canada. 10.3 The Local Government is responsible for the production and installation of Eligible Project signage, or as otherwise agreed upon. 10.4 The Local Government agrees to inform New Brunswick of signage installations on a basis identified by New Brunswick, in its sole discretion. 95 24 11. Communication Costs 11.1 The eligibility of costs related to communication activities that provide public information on this Agreement will be subject to Schedule C (Eligible and Ineligible Expenditures). 96 25 SCHEDULE F - Asset Management Asset Management is a key underpinning of community sustainability because it can inform a range of investment, servicing, and community planning decisions, which in turn support maximizing the Local Government's Infrastructure investments. Asset Management can include: • an inventory of assets; • the condition of Infrastructure; • level of service objectives or standards; • risk assessments; • cost analyses; • an inventory of future repair, maintenance, recapitalization, or capital work to maintain the asset's ability to meet its function or purpose; • community priorities for future works; and • financial planning. 97 26 SCHEDULE G - Housing Report 1. Housing Needs Assessments 1.1 By March 31, 2025, if the Local Government has a 2021 Census population of 30,000 or more, the Local Government shall be required to complete and make available to New Brunswick a Housing Needs Assessment (HNA) prepared according to guidance provided by Canada. If the Local Government has already completed HNAs after April 1, 2019, then the Local Government may submit existing HNAs, if they meet the requirement outlined in the HNA guidance. The Capacity Building Category under CCBF can be used to support the preparation or updating of HNAs. 1.2 The Local Government's HNA should be used to identify Infrastructure gaps that contribute to community housing pressures and to prioritize CCBF projects that can alleviate these pressures where it makes sense to do so. CCBF projects that address housing pressures must be identified in the Housing Report and housing outcomes must be measured for these projects. 1.3 If the Local Government has a 2021 Census population of 30,000 or more, then HNAs must be made publicly available on the Local Government's website. 1.4 A separate HNA Guidance Document will be provided by New Brunswick to the Local Government, having been prepared by Canada. 2. Project -Level Housing Report The Local Government shall assist New Brunswick with this report by providing requested/relevant information to New Brunswick by May 1 of each year. Criteria for Project -Level Reporting, If the Local Government meets both requirements below, then the Local Government must be included in Table 1(below) and is required to complete an HNA by March 31, 2025 and to provide project -level data on housing requirements to New Brunswick, for inclusion in the Housing Report that will be submitted by New Brunswick to Canada. • A local government with a population of 30,000 or more; and additional local governments as mutually agreed to by Canada and New Brunswick. :►a • A local government that has identified housing pressures that can be addressed through closing Infrastructure gaps or capacity building, for example: 98 27 o High levels of core housing need (meaning a household living in an unsuitable, inadequate or unaffordable dwelling and cannot afford alternative housing in their community); o Affordability pressures such as elevated rents; o Lack of workforce housing or low vacancy of family -sized units; o Limited serviced land for expansion; and o Outdated planning policies or zoning by-laws. If the Local Government does not meet these criteria it may additionally be included at the discretion of New Brunswick, in which case New Brunswick shall so advise the Local Government. The Local Government must provide New Brunswick with project -level information annually, which shall include project level reporting criteria (i.e. identify which criteria as noted above applies) and key Infrastructure -related housing pressures (i.e. identify key housing gaps and needs that are related to Infrastructure). Housing pressures should be consistent with needs and pressures identified by the Local Government in their HNA. 2.1 Project -Level Housing Outcomes If the Local Government meets the above criteria, they are required to complete the table below on an annual basis and provide same to New Brunswick. The intent of the table is to link the housing pressures identified with outcomes supported by CCBF projects that can help the Local Government address their specific housing pressures. It will include a subset of the projects from the above project list and this subset represents projects with housing outcomes. Project ID Local Government Project Title Project Description Investment Category Housing Outcomes and Indicators As As provided As provided in Provide a Indicate which Identify key provided in Table 1 program brief CCBF category housing in reporting description the project falls outcomes program (Schedule D) of the under and reporting project indicators (Schedule (section D) 2.1.1) that will be used to measure success. 99 28 2.1.1 Housing Outcome Indicators For each of the projects listed in the above table, the Local Government will provide New Brunswick with the number of new housing units enabled and the number of Affordable Housing units enabled or preserved. 3. Housing Narrative in the CCBF Outcomes Report By March 31st each year, New Brunswick shall provide Canada with a narrative report on program -level housing outcomes. The Local Government shall assist New Brunswick in the preparation of this report on an as needed basis, in New Brunswick's sole discretion. Specifically, the Local Government must advise New Brunswick how the CCBF funding it received was used to address housing pressures within the Local Government's jurisdiction, over the reporting period, and steps taken between New Brunswick and the Local Government to unlock supply and improve affordability for Canadians. It should also link to identified needs in the Local Government's HNAs once they have been developed. The Local Government shall also advise New Brunswick with respect to how CCBF funding has alleviated housing pressures tied to Infrastructure gaps and contributed to housing supply and affordability outcomes, as well as an assessment of measures they have taken to improve housing outcomes through CCBF funded Infrastructure projects. This should include: • How the Local Government has prioritized specific Infrastructure investments that are unlocking an increased supply of housing (e.g., upgrading pipes to support densification rather than sprawl, or remediating a brownfield site that could then be used for Affordable Housing); • Steps taken to preserve and/or increase supply and mix of Affordable Housing (e.g., minimizing displacement, making land available for non -market housing, minimum affordability requirements for private developers); and • How the Local Government is utilizing CCBF funding to build local capacity for sound land use and development planning (e.g., through the capacity building category). The housing narrative prepared by New Brunswick must also include responses to the following questions, which the Local Government shall assist New Brunswick in answering, where requested: • How many or what percentage of projects from the total CCBF project list contribute to an increase in housing supply and how many new housing units were enabled? • What percentage of total new housing units enabled or preserved are affordable? For further information and details on the housing narrative portion of the Outcomes Report please refer to the Housing Report Template and Guidance document. 100 29 4. Assessment of the Housing Reports and Compliance 4.1 Assessment of Housing Reports Both the project -level housing report and the housing narrative on program -level housing outcomes will be assessed against the Government of Canada's Evaluation Framework as well as HNAs. 4.2 Compliance Failure to comply with the terms of this Schedule will require compliance actions to address the compliance issue. Compliance actions may include notification of the particulars of the failure to comply, discussions to bring the Local Government into compliance as well as withholding funding until the failure to comply is addressed. Repeated or sustained failures to comply with the terms of this Schedule could result in downward adjustment of allocations for the Local Government for future Infrastructure Canada programs. 101 30 COMMON COUNCIL REPORT M&C No. 2024-260 Report Date September 25, 2024 Meeting Date October 1, 2024 Service Area Public Works & Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Provincial -Municipal Highway Partnership Program Application OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Michael Hugenholtz Michael Hugenholtz J. Brent McGovern I;7���1uIu7�►�I �7_� ��[�1P1 It is recommended that Common Council approve the attached application for funding under the Provincial -Municipal Highway Partnership Program for 2027-31 and direct staff to submit the application to the Department of Transportation and Infrastructure (DTI). EXECUTIVE SUMMARY The Provincial -Municipal Highway Partnership Program (PMHP) has been updated to reflect recent changes due to municipal reform, and replaces the previous program that shared the costs of upgrading provincial and regionally designated roads within municipal boundaries. DTI has set a deadline of October 7, 2024 for applications for funding to support road upgrades for the 2027 — 2031 period. Staff have prepared a list of eligible road projects based on an asset management approach and other transportation priorities identified in Move SJ are seeking Council approval to submit. PREVIOUS RESOLUTION N/A REPORT DTI have issued a call for funding applications for the PMHP for 2027 through 2031. Eligible projects include road resurfacing, culverts, storm sewers, and curb and gutter repairs to what were previously known as provincial and regionally designated highways. These would include Route 100 through the City and the routes to the Summerville and Digby Ferries. Applications are due October 7, 2024. Typically the total of all the requests greatly exceeAQtAe funding available under this program so not all of the proposed projects may be successful in receiving funding. For the purposes of this submission we have proposed a cost sharing of 15% City funding, 85% DTI for these investments which is within the suggested cost sharing range. The amounts and proposed funding percentages may be tweaked depending on feedback from DTI staff, with the goal to maximize the amount of funding from other sources. The City's street resurfacing program is based on the measured pavement condition index, which is an annual measurement of the observed condition of the streets. This is work that will be required to avoid much more costly reconstruction. Two additional intersection improvement projects have been proposed which are identified in Move S.I. Funding received through the PMHP can free up resources to allocate to other priorities through our Operating and Capital Budgets. ATTACHMENTS Provincial -Municipal Highways Partnership Program Four Year Plan Schedule B — PMHP Program Funding Request Summary 103 City of Saint John (Indicate name of your local government) Provincial -Municipal Highway Partnership Program Five Year Plan 2027 - 2031 July 2024 Department of Transportation and Infrastructure BNew�7-� Nouveau runswick 104 Provincial -Municipal Highway Partnership Program - Five Year Plan INTRODUCTION The City/Town/Village/Rural Community/Regional Municipality of Saint John has prepared a Five -Year Plan for the years 2027-2031 for the Provincial -Municipal Highway Partnership Program. Included are names, descriptions, cost estimates and financing for each selected project. FIVE-YEAR PLAN CONTENT DTI publishes a three-year annual capital plan of anticipated projects. These projects include bridges, highways, buildings, and the Provincial -Municipal Highway Partnership (PMHP) Program. The Five -Year Plan for the PMHP Program includes the following: 1. Certified copy of the resolution from Council adopting the PMHP Program Five -Year Plan of the local government. 2. Schedule A: Project Description. Schedule A to be completed for each project including project name, description and estimated costs. 3. Schedule B: PMHP Funding Request Summary (Excel spreadsheet). 4. Schedule C: Checklist signed by CAO or Transportation head. BNew Nouveau runswick Page 1 2 105 Provincial -Municipal Highway Partnership Program - Five Year Plan City of Saint John (Name of local government) FIVE-YEAR PLAN FOR THE PROVINCIAL -MUNICIPAL HIGHWAY PARTNERSHIP (PMHP) PROGRAM 2027-2031 RESOLUTION 202X-XXX Moved by Councilor "that the document entitled Program 2027-2031 be adopted". Motion Carried I certify that the above resolution of the council of was adopted while in session on SEAL _ and seconded by Councilor (Name of your local government) Five -Year Plan for the PMHP CLERK NAME OF YOUR LOCAL GOVERNMENT BNew Nouveau runswick Page 1 3 106 Provincial -Municipal Highway Partnership Program - Five Year Plan Schedule A — Project Description Route number or name: Project Description (Include limits and length of the work, type of rehabilitation): Asphalt resurfacing on various streets and intersection improvements proposed for Simms Corner and Paradise Row/Somerset Identify non -eligible items of work that will be done as part of this project (i.e., water main, sanitary sewer, sidewalk, etc.): None - asphalt resurfacing and transportation improvements at problematic intersections. Year PMHP DTI Contribution Eligible Items PMHP Municipal Contribution Eligible Items Other Contribution Eligible Items Non -Eligible Items Total Project Cost 2027 TI3D 2028 $537,200 J$95,000 1 1 J$632,200 2029 $931,000 J$164,400 1 1 1$1,095,400 2030 $1,539,000 J$271,800 1 1 1$1,810,800 2031 $713,000 =1 $125,800 $838,800 (Add pages as required) BNew Nouveau runswick Page 14 107 Provincial -Municipal Highway Partnership Program - Five Year Plan Schedule B: PMHP Funding Request Summary Please refer to the Excel document named: "PMHP Funding Request Summary 2027- 2031.xis". BNew,-3,Nouveau runswick Page 1 5 Provincial -Municipal Highway Partnership Program - Five Year Plan Schedule C: Checklist • Schedule A for each project filled out • Schedule B completely and correctly filled out • Signed Council Resolution • Submitted application by the requested deadline • Failure to have the above completed properly and on time will result in the rejection of the application Authorized Signature: Michael HugenholtZ BNew Nouveau runswick Page 1 6 109 SCHEDULE B — PMHP PROGRAM FUNDING REQUEST SUMMARY City of Saint John PMHP DTI Contribution Eligible Items 2027 2028 2029 2030 2031 Total Route Number or Name Simms Corner Intersection Improvements TBD $0 $87,200 Smythe Street from Union to Station St. $87,200 Station St. from Smythe to City Road $450,000 $450,000 Digby Ferry Road from Lancaster to Gate $127,000 $127,000 Lancaster Street from Digby Ferry Road to Saint John $91,000 $91,000 Fairville Boulevard from Catherwood to Main St. W $196,000 $196,000 Loch Lomond Rd from Airport Arterial to St. Martins Rd $1,065,000 $1,065,000 St. Martins Rd from Loch Lomond to City limits I $474,000 $474,000 Main Street from Chesley Dr. to Union $713,000 $713,000 Paradise Row/Somerset Intersection improvement $517,000 $517,000 PMHP DTI Contribution Eligible Items $0 $537,200 $931,000 $1,539,000 $713,000 $3,720,200 PMHP Municipal Contribution Eligible Items $95,000 $164,400 $271,800 $125,800 $657,000 Other Contribution Eligible Items (Identify the source) $0 Total Eligible Items $0 $632,200 $1,095,400 $1,810,800 $838,800 $4,377,200 Non -Eligible Items $0 Total Project Cost $0 $632,200 $1,095,400 $1,810,800 $838,800 $4,377,200 110 111 PROCLAMATION WHEREAS: October 1st is Canada's National Seniors' Day and the UN International Day of Older Persons. It is a day to recognize the accomplishments and contributions of seniors. Seniors are a significant and diverse demographic, one in four Canadians; and WHEREAS: Seniors for Climate is a nationwide mobilization calling for urgent action to address the climate crisis and support a livable future for our children and grandchildren; and WHEREAS: We face a climate emergency. We are witnessing the degradation of the natural environment, loss of biodiversity, mass extinction, deadly heat waves, wildfires, floods, and violent, destructive storms; and WHEREAS: We must reduce carbon emission for a livable future. Extreme weather is the symptom. Fossil fuel pollution is the cause. We need faster and better action by all levels of government to phase out fossil fuels, lower carbon emissions, and work towards a just transition to renewable energy; and WHEREAS: We need climate action that is broad -based that supports seniors, youth, Indigenous Peoples, and disadvantaged and equity seeking populations. We all need to work together to preserve the planet that we love and depend upon; and WHEREAS: The City of Saint John recognizes the importance of widespread support for Seniors for Climate and its goals. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim October 1, 2024 as Seniors for Climate Day in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 112 PROCLAMATION WHEREAS: Wrongful Conviction Day is designated as an annual International Day to recognize the tremendous personal, social and legal costs associated with wrongful criminal convictions; and WHEREAS: This day recognizes those persons who have been forced to endure the tremendous consequences brought by a wrongful criminal conviction; and WHEREAS: The purpose of this day is to inform and educate the broader international community on the causes, consequences and complications associated with wrongful criminal convictions. More information on the day can be found at: http://wrongfulconvictionday.com; and WHEREAS: It is important to raise awareness in order to work toward the prevention of further wrongful convictions, and to direct the public's attention to this issue and generate support and understanding; and WHEREAS: Wrongful Conviction Day was spearheaded by the Wrongful Conviction Day Committee and now many organizations are leading events in its honor. The committee is committed to raising awareness of and advocacy against wrongful convictions globally. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby declare October 2, 2024, as Wrongful Conviction Day in The City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 113 PROCLAMATION WHEREAS. The City of Saint John has recognized climate change as an urgent and immediate threat, and is committed to a better future by fighting climate change through the Climate Change Action Plan; and, WHEREAS: The sport sector has historically been recognized as a venue for improving public health, accelerating the local economy, and facilitating social change in Saint John, and has tremendous potential to contribute to the city's climate goals; and, WHEREAS. Green Sports Day is an opportunity to celebrate progress toward achieving the low -emissions goals of the United Nations Sports for Climate Action Framework, reaching waste reduction targets, encouraging continued sustainability efforts and increasing equitable opportunities for all Saint John's citizens to play sport in clean and safe environments. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim Sunday, October 6, 2024 as Green Sports Day in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 114 The City or Saint John PROCLAMATION WHEREAS: Dyslexia is a lifelong neurodevelopment disorder that impedes the ability to use skills such as reading, spelling and speaking, and dyslexia can affect children, youth and adults from all ethnic, social and economic backgrounds; and WHEREAS. Dyslexia and other learning disabilities, if not identified, may increase the risk that a person without the appropriate supports will experience educational, mental health and employment challenges; and WHEREAS: With proper diagnosis, instruction and support, individuals with dyslexia can gain full and meaningful access to education, community and the workforce; and WHEREAS. The government of New Brunswick promotes an inclusive education system in which students with disabilities and diverse abilities are fully participating members of a community of learners, and in which all students are entitled to equitable access to learning, opportunities for achievement and the pursuit of excellence in all aspects of their educational programs; and WHEREAS: Dyslexia Awareness Month is an opportunity to raise awareness of dyslexia and show support for people with dyslexia. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim the month of October 2024 as Dyslexia Awareness Month and October 8, 2024 as International Dyslexia Day in The City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 115 PROCLAMATION WHEREAS. The rich cultural tapestry of our Saint John Region is woven from the contributions of diverse communities, including those from Latin America, who have significantly enhanced our social, economic, and cultural landscape; WHEREAS: In 2018, the Canadian Parliament proclaimed October as Latin American Heritage Month, acknowledging the vital role that Latin American Canadians play in our society; WHEREAS. Red Latin Southwest NB has proudly celebrated Latin American Heritage Month for the past three years, fostering community engagement and understanding through various events and activities; WHEREAS. The vibrant cultures, traditions, and perspectives brought by Latin American newcomers enrich our community, promoting unity and collaboration among all residents; WHEREAS. By acknowledging and honoring the rich heritage of our Latin American residents, we strengthen our multicultural fabric and enhance the quality of life for all who call Saint John home. WHEREAS: I invite all residents of Saint John to celebrate the contributions of Latin American communities, to embrace diversity, and to participate in the events organized throughout the month. I call upon the people of Saint John to join in this celebration and to reaffirm our commitment to inclusivity and understanding. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim the month of October 2024 as Latin American Heritage Month in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 116 Staff Recommendation for Council Resolution Property: 461, 471 and 473-475 Millidge Avenue Public Hearing, 1" and 2nd Reading: October 1, 2024 Item Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give Vt and 2nd reading to an Amendment Amendment to the Zoning By-law which rezones a parcel of land having an area of approximately 5,827 square metres, located at 471 Millidge Avenue, also identified as PID Number 00041525 and 473-475 Millidge Avenue, also identified as PID Number 55147797 from One -Unit Residential (Rl) and General Commercial (CG) to Mid -Rise Residential (RM). Other No 3rd Reading: Tentatively scheduled for October 15, 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 5,827 square metres, located at 471 Millidge Avenue, also identified as PID Number 00041525 and 473-475 Millidge Avenue, also identified as PID Number 55147797 from One -Unit Residential (Rl) and General Commercial (CG) to Mid -Rise Residential (RM). Recission of Yes That Common Council, rescind the conditions imposed on Previous s. 39/s. the December 13, 2021, rezoning of the property located at 59 Conditions 461 Millidge Avenue, also identified as PID Number 00041517. That Common Council, rescind the conditions imposed on the September 7, 1999, rezoning of the property located at 473-475 Millidge Avenue, as amended on November 20, 2000, also identified as PID Number 55147797. 117 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 approximate area of 5,374.89 square meters, located at 473-475 Millidge Avenue, also identified as PID Number 55147797: a) The continued use of the commercial sites be permitted under the General Commercial (CG) zone standards until the proposed residential development is complete. Section 59 No Agreement Section 131 No Agreement Other No 118 Small City, Big Heart. Rezoning 471, 473-475 Millidge Avenue Section 59 Amendment 461, 473-475 Millidge Avenue PROPOSAL Y d � - ! A S 1 4w 4 i • � �� -' .yam y a �A k," 0 SITE LOCATION che�ih Bears Head " 1 1 i ��- -- 919rA24AM Property Parcels 1:4,514 461 Millidge Q 0.03 0.06 6-11 mi - Removal of Section 59 Conditions o 0.04 0.09 0.17 km 471 Millidge Ave - Rezoning from R1 to RM GIS %Ae er 473-475 Millidge 121 {CFChyofSaintJohn - Rezoning from CG to RM �nJ reriova: ti-i Section 59 Conditions 0 70M. wwk at 111'.w 11-9 pop --�\���W �� - _ - � � .�� � � — — _ \ems 6,1 ON ■: low ° in `I �Rs�q ■i ��� a oiL s a rrt IN 0 , MUNICIPAL PLAN ,"--N 612712024 Subject Sites FMPeftY FaFCOS Future Land Use Low to Medium Density Residential Business Centre Medium to High Density Residential Stable Commercial Local Centre Rural ResOUFCe 124 I N 1-9,028 13 0-05 0.1 0.2 mi i .. .. . . I I . . . I . . --T—j 0 007 015 0.3 km Saurops: Emsfl, TDmTom, Gamin. FAO, NCOJL USGS 0 OpenStretMap ominbubm, and ft NS Usu CD4wunfty 615 mewer 4C) city esays John ZONING c- fi 5i q RIM lt1 fRa us R'1 .ti4� x kilt r LDS r RM r - o-:. '� �' lilt Ii�- _ � _ +, •� - �.4 � �-- _� `- - ... INMI, CG -�- •¢ � - Y ems- .� �x i cup HRH f�! 812MG24 Subject Sites Property Parcels Conditional Zoning RM CFN Zoning 1:9,028 High -Rise Residential (RH) 0 0.05 0-1 0-2 mi General Commercial (GG) Mid -Rise Residential (RM) Local Commercial (GL) 0 0.07 0-15 0.3 km Low -Rise Residential (RL) Business Park Commercial (CDP) Ew.. T=To . Ga . FAO. iJOAA USGS. 6 OpenStreetMap o Wbumrs. and the 0I5 User Canruwky Two-Unil Residential (112) '1 40Y (us) One -Unit Residential (Ri) _ Neighbourhood Community Facility (CFN) GIS VeTrer ICS City of Saint John Letters were sent to landowners within 100 metres of the subject property on September 3, 2024. One letter was received at the time of PAC. Public Notice was posted on September 9, 2024. Rezone 471 and 473-475 Millidge Avenue from One -Unit Residential (R1) & General Commercial (CG) to Mid -Rise Residential (RM). Amend the Section 59 Conditions on 461 and 473-475 Millidge Avenue PLANNING ADVISORY COMMITTEE September 18, 2024 The City of Saint )obn Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning and Section 59 Amendment 461, 471, 473-475 Millidge Avenue On August 19, 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 September 17, 2024 meeting. Yeva Mattson, Planner with Growth and Community Services, appeared before the Committee and provided an overview of the proposed amendment. Staff clarified for the committee that the site plan proposed was the proposed layout of the buildings and did contain underground parking. John Fifield, the proponent, appeared to speak in favour of the application and agreed with staff recommendation. When asked by the committee he clarified that there would be no ground floor commercial in the new buildings. No other members of the public appeared to speak in favour or opposition and no letters were received regarding the application. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 5,827 square metres, located at 471 Millidge Avenue and 473-475 Millidge Avenue, also identified as PID Numbers 00041525 and 55147797 from One -Unit Residential (R1) and General Commercial (CG) to Mid -Rise Residential (RM). 2. That Common Council, rescind the conditions imposed on the December 13, 2021, rezoning of the property located at 461 Millidge Avenue, also identified as PID Number 00041517. Page 1 of 2 128 Don -More Surveys 461, 471, 473-475 Millidge Avenue September 17, 2024 3. That Common Council, rescind the conditions imposed on the September 7, 1999, rezoning of the property located at 473-475 Millidge Avenue, also identified as PID Number 55147797. 4. 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 5,374.89 square metres, located at 473 and 475 Millidge Avenue, also identified as PID Number 55147797: The continued use of the commercial sites be permitted under the General Commercial (CG) zone standards until the proposed residential development is complete Respectfully submitted, Brad Mitchell Chair Attachments Page 2 of 2 129 The City of Saint John Date: September 12, 2024 To: Planning Advisory Committee From: Growth & Community Services Meeting: September 17, 2024 SUBJECT Applicant: Don -More Surveying Landowner: John Fifield Location and Proposed Change: Civic Address PID Existing Zoning Proposed Zoning 461 Millidge Avenue 00041517 Mid -Rise Residential (RM) No change 471 Millidge Avenue 00041525 One -Unit Residential (R1) Mid -Rise Residential (RM) 473-475 Millidge Avenue 55147797 General Commercial (CG) Mid -Rise Residential (RM) Plan Designation: Low to Medium Density Residential 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 and amendments to Section 59 conditions of the subject properties. Common Council will consider the Committee's recommendation at a public hearing on Tuesday, October 1, 2024. EXECUTIVE SUMMARY This is an application to rezone 471-475 Millidge Avenue from One -Unit Residential (R1) and General Commercial (CG) to Mid -Rise Residential (RM) to allow for the development of two multi -unit buildings. This application also includes rescinding Section 59 conditions on 461 and 473-475 Millidge Avenue that are no longer relevant to support the redevelopment of the sites. Staff are recommending approval of the proposed rezoning and the rescinding of Section 59 Conditions to allow for the development of two multi -unit buildings. Page 1 of 5 130 Don -More Surveys 461-475 Millidge Avenue September 12, 2024 RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 5,827 square metres, located at 471 Millidge Avenue and 473-475 Millidge Avenue, also identified as PID Numbers 00041525 and 55147797 from One -Unit Residential (R1) and General Commercial (CG) to Mid -Rise Residential (RM). 2. That Common Council, rescind the conditions imposed on the December 13, 2021, rezoning of the property located at 461 Millidge Avenue, also identified as PID Number 00041517. 3. That Common Council, rescind the conditions imposed on the September 7, 1999, rezoning of the property, as amended on November 20, 2000, located at 473-475 Millidge Avenue, also identified as PID Number 55147797. 4. 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 5,374.89 square metres, located at 473 and 475 Millidge Avenue, also identified as PID Number 55147797: a. The continued use of the commercial sites be permitted under the General Commercial (CG) zone standards until the proposed residential development is complete. DECISION HISTORY By -Law Number C.P. 111-125 was enacted on December 13', 2021 to rezone the site at 461 Millidge Avenue from Two -Unit Residential (R2) to Mid -Rise Residential (RM) with attached conditions to allow for the development of a multi -unit residential building. By -Law Number C.P. 100-511 was enacted on September 7th, 1999 to rezone the site at 473-475 Millidge Avenue from "R-1 B" One Family Residential to "B-2" General Business to allow for commercial uses, with attached conditions. On November 20, 2000 these conditions were amended to permit a car/truck wash, with additional conditions imposed. Attachment 3 contains all the existing Section 59 Conditions. ANALYSIS Proposal The applicant is proposing to rezone 471 and 473-475 Millidge Avenue from One -Unit Residential (R1) and General Commercial (CG) to Mid -Rise Residential (RM) to allow for the redevelopment of the site as residential. The proposed rezoning would enable the development of a 50-unit building and a 34-unit building. This would be a phased development beginning with the development of the 34-unit building. Page 2 of 5 131 Don -More Surveys 461-475 Millidge Avenue September 12, 2024 Site and Neighbourhood The subject site is located in Millidgeville, just south of Boars Head Road. This area is predominantly residential with some general commercial. The subject sites contain a mix of uses: • 473-475 Millidge Avenue is a commercial development. • 471 Millidge Avenue is a one -unit dwelling. • 461 Millidge is a 30-unit apartment building. The broader area is characterized by having a mixture of land uses. In the immediate area and to the west and south-west, lands are zoned Two -Unit Residential (R2) and Mid -Rise Residential (RM) and contain single -unit and multiple dwellings. To the north and east of the site are lands zoned General Commercial (CG), Utility Service (US), and Local Commercial (CL) and contain a mix of commercial uses including dental and veterinary clinics. The subject site is accessible by a variety of transportation options. The area is served by Saint John Transit Route 3 and 9 with transit stops within 50 metres. These Routes provide connections to the University/Hospital, the Uptown, and the McAllister shopping area. Pedestrian movement is facilitated by sidewalks on the west side of the street. Both sides of the street also contain bike lanes that connect from the North End to the University/Hospital. Municipal Plan and Rezoning Municipal Plan The site is designated as Low to Medium Density in the Municipal Plan. An analysis of the proposal with respect to the relevant policies of the Municipal Plan is provided in Attachment 2. The proposal conforms to the policies established within the Municipal Plan, which supports the diversification of housing typologies within established neighbourhoods. Policy LU-51 specifically directs higher density residential development to be developed along arterial streets and close to transit. In this case, Millidge Avenue is recognized as an arterial street with Transit Route 3 and 9 directly adjacent to the site. "Policy LU-51 Notwithstanding Policy LU-50, recognize that new housing development of higher density may be appropriate in the Low to Medium Density designation, such as apartment and condominium dwellings, and shall be permitted subject to a rezoning process, where such development demonstrates compliance with the following requirements: a) Subject lands are adjacent to or in close proximity to collector or arterial streets and transit routes" From the analysis of the proposed development, the proposed development conforms to the policies established within the Municipal Plan, which supports higher density residential uses. Zoning The Mid -Rise Residential (RM) Zone accommodates a range of medium -density residential uses ranging from a single -detached dwellings to multi -unit buildings. The RM zone is Page 3 of 5 132 Don -More Surveys 461-475 Millidge Avenue September 12, 2024 compatible with the surrounding development pattern, which includes multi -unit building typologies. The proposed development aligns with the regulations established for the RM zone within the City's Zoning By -Law with minimal Development Officer variances being required for setbacks. This includes the provision of onsite parking, amenity space, and landscaping. The proposed rezoning of the sites to RM can be viewed as compatible with the surrounding development pattern. 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. Section 59 Conditions While the applicant has proposed to rezone to Mid -Rise Residential to accommodate approximately 84 dwelling units, this proposal will happen through two phases. The first phase would include the 34-unit building with the 50-unit building completed later. Due to the phasing, staff are recommending the incorporation of a Section 59 Condition to enable the continued use of the existing commercial spaces while the residential buildings are being constructed. Conclusion The proposed rezoning and Section 59 amendments to redevelop the existing sites into multi- unit residential, aligns with the policies established in the City's Municipal Plan and conforms to the City's Zoning By -Law. Staff are recommending approval of the rezoning and the Section 59 amendment. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on September 3, 2024. The public hearing notice was posted on the City of Saint John website on September 9, 2024. APPROVALS AND CONTACT Manager Director Commissioner Jennifer Kirchner, RPP, MCIP Pankaj Nalavde, RPP, MCIP Amy Poffenroth, P.Eng., MBA Contact: Yeva Mattson Telephone: (506) 721-8453 Email: yeva.mattson@saintjohn.ca Application: 24-0208 Page 4 of 5 133 Don -More Surveys 461-475 Millidge Avenue September 12, 2024 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Attachment 3: Existing Section 59 Conditions Submission 1: Site Plan Page 5 of 5 134 Aerial photograph - 461, 471, 473, 475 Millidge Avenue 9/9/2024 Property Parcels 461 Millidge - Removal of Section 59 Conditions 471 Millidge Ave - Rezoning from R1 to RM 135 473-475 Millidge Ave - Rezoning from CG to RM and removal of Section 59 Conditions L'. d* 1:2,257 0 0.01 0.03 0.05 mi 0 0.02 0.04 0.08 km Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community GIS Viewer (C) City of Saint John Site Location - 461, 471, 473, 475 Millidge Avenue ■ L ' G ww w w w ww Oarsy � • � ��aa • eaa, �egd Road oars hemirrBoars Head Road / + + + 4� N _ I i • e et rue Somerset Street ww 9/9/2024AM Property Parcels 1:4,514 461 Millidge i 0.03 o.1 0.11 mi - Removal of Section 59 Conditions 0 0.04 0.09 0.17 km 0 471 Millidge Ave - Rezoning from R1 to RM 136 GIS Viewer 473-475 Millidge (C) City of Saint John - Rezoning from CG to RM and removal of Section 59 Conditions Future land Use - 461,471,473,475 Millidge Ave Unt�erst \e WoodNNard Ave Ica V 3 t a 'Croup S Boars Heeor Rd 3 o- s 0 St 90 Somerset s 9� e � 3 m � 3a a o Q m �o ho7o9Y �< m 8/27/2024 Future Land Use 1:9,028 0 0.05 0.1 0.2 mi Low to Medium Density Residential Business Centre Subject Sites Medium to High Density Residential Stable Commercial 0 0.07 0.15 0.3 km Property Parcels Local Centre Rural Resource Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community 137 GIS Viewer (C) City of Saint John cad Rd rt� Zoning - 461, 471, 473, 475 Millidge Avenue R2 Cl- N t 5 s fro°p: Ml1 R1 [is RI R2 C.G i CG U4 RM 1Citi } # CGS CG 5 9� SOmeCSet i' a sP C G CFN RJ_ f.2 2 R H 3 ° - o"I i� PM .5 r fi r. �7 7Ii N R t M N 8/27/2024 Zoning 1:9,028 _ High -Rise Residential (RH) 0 0.05 0.1 0.2 mi General Commercial (CG) Subject Sites Mid -Rise Residential (RM) Local Commercial (CL) 0 0.07 0.15 0.3 km Property Parcels Low -Rise Residential RL Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, OpenStreetMap ( ) Business Park Commercial (CBP) © contributors, and the GIS User Community Conditional Zoning Two -Unit Residential (R2) US ( ) 13��Ilit y ( ) GIS Viewer One -Unit Residential (R1) = Neighbourhood Community Facility (CFN) (C) City of Saint John ATTACHMENT 1: SITE PHOTOGRAPHY Subject Sites viewed from Millidge Avenue — V phase would include new building where commercial space at the back of the image is, 2nd phase would see new building at front of the image replacing commercial Subject Sites viewed from 473-475 Millidge — access and parking for two new buildings would be in the center of the image 139 ii _III town ��� �■ Ill ■: :■ :III _ WiilW Attachment 2: Municipal Plan Policy Review - 461,471, 473,475 Millidge Avenue Municipal Plan Policy 461-475 Millidge Avenue Policy LU-50 Within the Low to Medium Density designation, a range of housing types is permitted Rezoning the site from General Commercial (CG) and One -Unit Residential with an emphasis on the provision of lower density forms of housing including (111) to Mid -Rise Residential (RM) to allow for multi -unit buildings is an townhouses, semi-detached, duplex and single detached dwellings. Other compatible appropriate use of the site and complies with the Zoning By -Law. It will not uses may be permitted in the Low to Medium Density designation without negatively affect the character of the site or the surrounding neighbourhood amendment to the Municipal Plan including but not limited to convenience stores, as it conforms to the development pattern. home occupations, parks, and community facilities. Policy LU-51 Notwithstanding Policy LU-50, recognize that new housing development of higher density may be appropriate in the Low to Medium Density designation, such as apartment and condominium dwellings, and shall be permitted subject to a rezoning process, where such development demonstrates compliance with the following requirements: a. The proposed development is along Millidge Avenue which is an a) Subject lands are adjacent to or in close proximity to collector or arterial streets arterial street and in proximity to transit routes. and transit routes; b/d. The existing development conforms to development patterns in the b) Subject lands are located at the periphery of low density residential immediate and wider neighbourhood. neighbourhoods; c. The site is suitable for the proposed development. c) Subject lands are appropriately designed for the area in which it is located and is encouraged in suitable sites for in -fill development; e. The proposed parking would conform to the zoning standards and the d) Subject lands are compatible with surrounding land uses; green space provided would see improved landscaping. e) Sufficient on -site parking and green space is provided; f/g. The redevelopment of the site would see improved landscaping and higher quality site design. f) Site design features that address such matters as safe access, buffering and landscaping, site grading and stormwater management are incorporated; and g) An exterior building design of high quality is provided that is consistent with the Urban Design Principles of the Municipal Plan. Policy LU-52 Achieve a minimum gross residential density per hectare in lands designated Low With density calculated per intensification area and not on a property -by - to Medium Density of 35 units per net hectare and not more than 90 units per net property basis, this proposal would conform to the intent of the policy by hectare. Density shall not be calculated on a property by property basis but shall be adding density to the area. calculated in the Intensification Area as a whole. 141 Policy 1-2 In considering amendments to the Zoning Bylaw or the imposition of terms and conditions, in addition to all other criteria set out in the various policies of the Municipal Plan, have regard for the following: a. The proposal is in conformity with the goals, policies and intent of the Municipal a. This proposal aligns with the residential land use policies as established Plan and the requirements of all City bylaws; in the City's Municipal Plan, and conforms to all relevant zoning standards. b. The proposal is not premature or inappropriate by reason of: i. Financial inability of the City to absorb costs related to development and b. The proposal is located on existing lots in an established neighbourhood ensure efficient delivery of services, as determined through Policy 1-7 and I- with one site already zoned for Mid -Rise Residential. The development 8; will utilize existing infrastructure and will not have a negative impact on ii. The adequacy of central wastewater or water services and storm drainage service provision. measures; c. The proposed development will be of an appropriate scale that iii. Adequacy or proximity of school, recreation, or other community facilities; conforms to the development patterns of the area. iv. Adequacy of road networks leading to or adjacent to the development; and v. Potential for negative impacts to designated heritage buildings or areas. d. The proposed site has no large elevation changes with no watercourses or wetlands present. c. Appropriate controls are placed on any proposed development where necessary to reduce any conflict with adjacent land uses by reason of: i. Type of use; ii. Height, bulk or appearance and lot coverage of any proposed building; iii. Traffic generation, vehicular, pedestrian, bicycle or transit access to and from the site; iv. Parking; v. Open storage; vi. Signs; and vii. Any other relevant matter of urban planning. d. The proposed site is suitable in terms of steepness of grade, soil and geological conditions, locations of watercourses, wetlands, and susceptibility of flooding as well as any other relevant environmental consideration; Policy UD-9 142 Ensure all development proposals generally conform to the following General Urban Design Principles: a. That new development respect and reinforce the existing and planned context in a. The proposed multi -unit buildings will have a massing that conforms which it is located through appropriate setbacks, landscaping, buildings entrances, with the general area aligning with the height of the neighbouring building massing, architectural style and building materials. Specifically, the built -form residential buildings of a similar scale. The fagade will consist of a of new development shall be designed to achieve the following objectives for specific mix of high -quality cladding materials, contributing to a more areas of the City: engaging public realm and a more human -scaled design. ii. In the Primary Centre and Neighbourhood Intensification Areas, as identified on the City Structure map (Schedule A), new development will be located and organized to frame and support the surrounding public realm and massed to fit harmoniously into the surrounding environment, including appropriate transitions in height and massing to areas of lower intensity development, as set out in Policy UD-11; b b. Locating building entrances facing the public street; c. Designing sites to incorporate existing natural features and topography; d. Designing sites to protect, create and/or enhance important view corridors to the water or landmark sites or buildings; e. Incorporating innovations in built form, aesthetics and building function to encourage high quality contemporary design that will form the next generation of heritage; f. Where appropriate and desirable, encouraging active pedestrian -oriented uses and a high level of transparency at grade to reinforce and help animate the public realm; g. Designing sites, buildings and adjacent public spaces as complete concepts with integrated functions; h. Using quality, durable building materials and a consistent level of design and detail for all elements of the building; Where possible, front entrances will be located facing public streets and will be easily identified through design features. The site is largely level and will see improved green space and landscaping over current site conditions. d. This development will not obstruct any views e./h./i. The development will use high quality cladding, with articulated fagades. f. The buildings will connect to the sidewalks on Millidge Avenue. g. The buildings will all be integrated across the lots with shared parking and walkways. n/a 143 i. Designing for visual interest by incorporating well -articulated building fagades, landscaping, local history, public art and/or culture into sites and buildings; j. Directing high-rise buildings to appropriate areas and ensuring their design is sensitive to the neighbourhood and/or heritage context; 144 '/Qi-7Sya3 o2r),;)/- 1.2 - a 9' PID No.00041517 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, JONATHAN TAYLOR, of the City of Saint John in the County of Saint John and Province of New Brunswick, DO HEREBY CERTIFY: 1. That I am the City Clerk of the said City of Saint John; 15 Market Square, P.O. Box 1971, Saint John, N.B. E21- 41-1 and as such have the custody of the minutes and records of the Common Council of the said City of Saint John and of the Common Seal of the said City. 2. That hereto attached and marked "A" is a copy of a resolution adopted pursuant to Section 59 of the Community Planning Act (Chapter 19SNB 2017) at a meeting of the Common Council of The City of Saint John held on the 13th day of December, A.D., 2021. 3. That the resolution identified in the immediately preceding paragraph applies to land identified by PID Number00041517 which land is apparently owned by: John Robert Fifield. 4. That I have carefully compared the said resolution with the original and the same is a true copy thereof. DATED at The City of Saint John on the 20th day of December, A.D. 2021. I certify that this Instrument J'sttests Run cot InatTuffient out Is registered orfiied' the on, eglstr§ ou depose au bureau do !'enreRistrement du c*jnt6 de ouety Regishy 06fice u�illn h!1 Newitrunswick Nouvea k o7o�t-1�-a /D- ya:�36 �a��5333 �r a€e7dat, t me heure number{numero IN TESTIMONY WHEREOF, I, the said City Clerk of The City of Saint John have hereunto affixed the Common Seal of the said City the day and year as written above. Jonathan Taylor City Clerk 145 Reglstrar-Conservateur "A„ Section 59 Conditions 461 Millidge Avenue 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 3744 square metres, located at 461 Millidge Avenue, also identified as PID Number 00041517: (a) A vegetative buffer be maintained between the subject property and the adjacent properties at 451 and 471 Millidge Avenue; (b)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; and (c) The above elevation and site plans be attached to the permit application for the development of the parcel of land. (d) That the proponent provide a Wetland and Watercourse Alteration Permit, should one be required by the Province, or written confirmation that one is not required to the Development Officer at the time of Building Permit application. (e) That the primary access and egress,.; to the site be to and from Millidge Avenue. (f) That the secondary access provided between PID Number00041517 and PID Number 55147797 be designed and maintained for the purposes of fire access with signage indicating this purpose with the intent of discouraging short cutting between the two parcels. (g) That the development of the parcel of land be limited to a maximum of 30 dwelling units. The developer shall not proceed until they have first submitted an engineered design and design brief for review and acceptance by the City. The acceptance by the City will include a review of adequate capacity in the existing municipal systems to support the proposed development. (h) 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. 146 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, CONSTANCE MOSHER, of the City of Saint John in the County of Saint John and Province of New Brunswick, DO HEREBY CERTIFY:- 1. That I am the Assistant Common Clerk of the said City of Saint John and as such have the custody of the minutes and records of the Common Council of the said City of Saint John and of the Common Seal of the said City. 2. That hereto attached and marked "A" is a copy of a resolution adopted by the Common Council of the City of Saint John on the twentieth day of November, A.D. 2000. 3. That 1 have carefully compared the said resolution with the original and the same is a true copy thereof. ❑ A T E D at the City of Saint John on the twenty-eighth day of November, A.D. 2000, IN TESTIMONY WHEREOF, I, the said Assistant Common Clerk of the City of Saint John have hereunto affixed the Common Seal of the said City the day and year first hereinbefore written. Constance Mosher Assistant Common Clerk 147 46 - Cyr WIN "RESOLVED that as recommended by the Planning Advisory Committee, the Section 39 conditions imposed by Common Council on September 7, 1999 regarding a commercial development at 477 Millidge Avenue be amended to permit the establishment and operation of a car or truck wash operation." im H ' BY-LAW NUMBER C.P. 100-511 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by the City of Saint John in Common Council convened, as follows: - The Zoning By-law of the City of Saint John, enacted on the fourteenth day of November, A.O. 1983, is amended by: 1. Amending Schedule "A", the Zoning Map of the City of Saint John, by re -zoning a parcel of land located at 477 Miilidge Avenue (a portion of NBGIC Number 55115059), having an approximate area of 5000 square metres (53,821 square feet), from "R-1 B" One Family Residential to "B-2" General Business classification, pursuant to resolution adopted by the Common Council under Section 39 of the Community Planning Act - all as shown on the plan attached hereto and forming part of this by-law. First Reading Second Reading Third Reading IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the seventh day of September, A.D. 1999 and signed by: ayor, the me er of Co4ncil who pr ed at the meeting a which it was enacted; and '& Ar� ��_ Common Wrk August 23, 1999 August 23, 1999 September 7, 1999 149 COMMUNITY PLANNING REZONING AMENDING MAP SHEET 112 SCHEDULE "A" OF THE ZONING BY-LAW OF THE CITY OF SAINT JOHN p,D 1;0 H��'D gDA�s O� F q�elk Y FRQM R-1 B -- One Fam ily Residential `= 13-2 - General Business Pursuant to a Resolution under Section 39 of the Community Planning Act „ Applicant: NIP Developments Incorporated Date Drawn: August 26, 1999 Location: 477 Millid a Avenue Drn : W. Mcliveen Recommended by P.A.C.: August 17, 1999 File No.: 06N-799N Enacted by Council: 55115059 (portion of) Fled in Registry Office: 150 M "RESOLVED that the by-law entitled, "By-law Number C.P. 100-511 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re -zoning parcel of land located at 477 Millidge Avenue (a portion of NBGIC Number 55115059), having an approximate area of 5000 square metres (53,821 square feet), from "R-1 B" One Family Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re -zoning be subject to the following conditions:- (a) the following uses be prohibited on the subject site: a gasoline bar, a car sales lot or a mobile or travel trailer sales lot, a repair garage, a service station, or a car and/or truck wash; (b) parking and loading areas and driveways must be developed with an asphalt surface enclosed with continuous concrete curbing; (c) public utilities must be provided underground; (d) adequate site drainage facilities, including catch basins connected to the City storm sewer system, must be provided in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer; (e) all areas of the site not occupied by buildings, structures, parking, and driveways must be landscaped and maintained; (f) the above - mentioned work must be undertaken in accordance with a detailed site plan approved by the Development Officer; (g) no building permit shall be issued, except for site preparation work, until the mentioned site and drainage plans are approved; and (h) all required work must be completed to the satisfaction of the Development Officer and Chief City Engineer within one (1) year from the issuance of the building permit." 151 q'l 34 UNIT BUILDING ±28 U/G parking spots y v y y y y v y y v y y v yq�iy\�jy y y y y y y y y y y y y \y y y y y y y P q?y y y y v \ y y y y IL y y q y y y v y y y v y y y y y y • � y y y - y y y y y v v y y y y y y y y y y y y v y y y y y y y v v v y y y 1 yy L v y y y yy yyy o yyyyyyyy a yyyyyyyyyy y y y y y y y y y y y v v y y y y y y v y y y y v y y y y y y y v y v v y v y y y y y v y y y v y y y y y y y y y y y y y y y y y R o5 y y y y y v y y v v y y y q v y y v y v v v �✓� y v y y y v y v y y v y v y y y f oIL / \ \A \A � \q ILI h v y v y v y y y y y y v y v v r y y y y y y \ y y v y y y y v y y y y y qA A� v y \ v y y v \\\\\ y y y v y v v y y y y v y y v y y v \ \L y y y y y v § v y y y y y y y y y AC 4 F v y y y v y y y y y y y y v v y y y y y y y y y v Fh 50 UNIT BUILDING ±46 U/G parking spots y y y y y y y y y y y y y y y \ v y v \ v v y y y y y y y A v y v v v v y y y y y y y y y y y y y y y y AS y y y y y y y y y y y v y y y y y y y y y y I- v y y y y y v y y y y y v y v q y y y y y y v y v y y y y v y y y y y v y y v vq� y y v y v y y y y y y v y y v y y v y y y y y y v v y v y v y v y y y y v v y y j r y y f v y y v y \ v y y y y y v y y y v y y y y y y y y y y v y y y v y y v y v [] v v y y y y v v y y v y y y y v y y y Ply y y y v y yA y y y y y y y y y y y y y y yq I v y y y � pig SITE PLAN Sketch Showing 461 Millidge Avenue (Full Build out) Saint John, NEB \ SCALE: 1:250 METRIC 5 4 3 2 1 0 5 10 15 152 To Planning Advisory Committee Saint John, NB Subject: Concerns Regarding Rezoning and Section 59 Amendment Application 461, 471, 473, 475 Millidge Avenue (PIDs 55147797, 00041525, 000441517) Dear Planning Advisory Committee, I am writing in response to the application for rezoning the properties located at 461-475 Millidge Avenue (PIDs 55147797, 00041525, and 00041517) from One -Unit Residential (R1) and General Commercial (CG) to Mid -Rise Residential (RM) to allow for multi -unit buildings on the sites. I have several concerns regarding this proposal which I would like to address: 1. Privacy Issues: The proposed rezoning to allow for multi -unit buildings could significantly impact the privacy of the existing residents at 1 Boars Head Road and other residents in the vicinity. Increased building height and density may lead to direct line -of -sight into private residential spaces, diminishing the quality of life for current residents. 2. Disturbance and Noise: Multi -unit buildings typically bring higher levels of foot traffic and noise. The transition from primarily one -unit residential to mid -rise residential could introduce substantial disturbances to the surrounding neighborhood, affecting our daily activities and peace of mind. 3. Infrastructure and Traffic: The increased density from mid -rise buildings will likely lead to heightened traffic congestion and demand on existing infrastructure. This could strain local roads and public services, and potentially create safety hazards in an area not originally designed to accommodate such high volumes. 4. Community Impact: The shift from residential and commercial zoning to mid -rise residential could alterthe character of our community. This change may not align with the existing neighborhood's identity and could affect propertyvalues and community cohesion. 5. Blocking Natural View: The construction of mid -rise buildings on these properties would block the natural view currently enjoyed by many residents, including those at 1 Boars Head Road. The loss of this scenic view can have a significant impact on the 153 aesthetic and emotional well-being of the community, dim inishingthe natural beauty that contributes to the quality of life. 6. Environmental Considerations: The increased density and construction activity could have implications for local wildlife and green spaces. It is essential to consider how the development might affect the local ecosystem, including potential disruption to existing flora and fauna. 7. Long -Term Planning and Future Growth: The proposed rezoning may set a precedent for further high -density developments in the area. It is crucial to evaluate how this change aligns with long-term urban planning goals and the sustainability of neighborhood growth. Given these concerns, I respectfully requestthatthe Planning Advisory Committee consider these potential impacts carefully before making a recommendation. I would appreciate any additional information on how these issues will be mitigated and would welcome the opportunity to discuss them further at the upcoming meeting. Thank you for considering my views on this matter. Sincerely, D"A aG a"A.1/11rti Daoud Jaouni 1 Boars Head Road 121" September 2024 154 0101V 5rf Bevel pirent Shop* PLANNING BUILDING INFRASTRUCTURE SAIlVT JOHN OneStop@saintjohn.ca Phone:658-2911 Fax:632-6199 General Application Form GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVICADDRESS: T461 Millidge Avenue PID#: 55147797 LU HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N D LL APPLICATION M DATE RECEIVED: Q Ln RECEIVED BY: APPLICANT EMAI L PHONE Brad Kierstead c/o Don -More Svys. bk@dmse.ca 506-271-1854 z ° MAILING ADDRESS POSTAL CODE Q 520 Somerset St., Saint John, NB, E2K 2Y7 CONTRACTOR EMAIL PHONE ° 0 John Fifield jrfinvoice@gmail.com 506-647-7711 z — H MAILING ADDRESS POSTAL CODE Q 475 Millidge Ave., Suite G, Saint John, NB, E2K 2N3 U J OWNER EMAIL PHONE John Fifield Q MAILING ADDRESS POSTAL CODE PRESENT USE: Business Centre PROPOSED USE: Apartment buildings J BUILDING PLANNING INFRASTRUCTURE HERITAGE Q-INTERIOR �NEWCONSTRUCTION VARIANCE :STR E ET EX CAVATI 0 N HERITAGE DEVELOPMENT < Q �EXTERIORRENOVATION -]ACCESSORY � �PLANNINGLETTER �DRIVEWAYCULVERT HERITAGE SIGN ADDITION FIPOOL E]PACAPPLICATION DRAINAGE �HERITAGEINFILL J Q DECK DEMOLITION �COUNCILAPP WATER & SEWERAGE �HERITAGEDEMO Y �CHANGE OFUSE SIGN SUBDIVISION OTHER OTHER v DMINIMUM STANDARDS OTHER OTHER U_ Council application for 59 amendments z Rezoning O Y O a � z U N W ZI 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 This information is being collected in order for the City of Saint John to deliver an existing program / service; the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, the City of Saint John will not share your personal information with any third party without your express consent. 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 regarding the collection of personal information, please contact the Access & Privacy Officer: City Hall Building 15 Market Square Saint John, NB E2L IE8 CommonClerk@saintj ohn.ca (506) 658-2862 I, the undersigned, hereby apply for the permits) or approval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. Brad Kierstead Applicant Name Applicant Signature June 27, 2024 Date n. My of 155 q'l 34 UNIT BUILDING ±28 U/G parking spots y v y y y y v y y v y y v yq�iy\�jy y y y y y y y y y y y y \y y y y y y y P q?y y y y v \ y y y y IL y y q y y y v y y y v y y y y y y • � y y y - y y y y y v v y y y y y y y y y y y y v y y y y y y y v v v y y y 1 yy L v y y y yy yyy o yyyyyyyy a yyyyyyyyyy y y y y y y y y y y y v v y y y y y y v y y y y v y y y y y y y v y v v y v y y y y y v y y y v y y y y y y y y y y y y y y y y y R o5 y y y y y v y y v v y y y q v y y v y v v v �✓� y v y y y v y v y y v y v y y y f oIL / \ \A \A � \q ILI h v y v y v y y y y y y v y v v r y y y y y y \ y y v y y y y v y y y y y qA A� v y \ v y y v \\\\\ y y y v y v v y y y y v y y v y y v \ \L y y y y y v § v y y y y y y y y y AC 4 F v y y y v y y y y y y y y v v y y y y y y y y y v Fh 50 UNIT BUILDING ±46 U/G parking spots y y y y y y y y y y y y y y y \ v y v \ v v y y y y y y y A v y v v v v y y y y y y y y y y y y y y y y AS y y y y y y y y y y y v y y y y y y y y y y I- v y y y y y v y y y y y v y v q y y y y y y v y v y y y y v y y y y y v y y v vq� y y v y v y y y y y y v y y v y y v y y y y y y v v y v y v y v y y y y v v y y j r y y f v y y v y \ v y y y y y v y y y v y y y y y y y y y y v y y y v y y v y v [] v v y y y y v v y y v y y y y v y y y Ply y y y v y yA y y y y y y y y y y y y y y yq I v y y y � pig SITE PLAN Sketch Showing 461 Millidge Avenue (Full Build out) Saint John, NEB \ SCALE: 1:250 METRIC 5 4 3 2 1 0 5 10 15 156 Rezoning and Section 59 Amendment RE: 461 Millidge Avenue (PID 00041517), 471 Millidge Avenue (PID 00041525), 473-475 Millidge Avenue (PID 55147797) 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 Tuesday, October 1, 2024, at 6:30 p.m., by: 1. Rezoning a portion of a parcel of land having an area of approximately 5,827 square metres, located at 471, and 473-475 Millidge Avenue, also identified as PIDs 00041525 and 55147797 from One -Unit Residential (R1) and General Commercial (CG) to Mid - Rise Residential (RM) as illustrated below. 2. Rescinding the Section 59 conditions imposed on December 13, 2021, on the property located at 461 Millidge Avenue (PID 00041517). 3. Rescinding the Section 59 conditions imposed on September 7, 1999, on the property located at 473-475 Millidge Avenue (PID 55147797). 1. kkJ{--i[�rn L N'^,\ 4 � - Properly Parcels 1:4,519 4Millidge 0 0.03 0.06 0.11 mi F T , - Removal of Section 59 Condit ins 0 o.ve 9.09 0.17 km 473 Millidge Ave - Rezoning from R1 to RM c+s+� 473.475 Millidge c carp - Rezoning from CG to RM and removal of Sedon 59 Conditions 157 REASON FOR CHANGE: To permit multi -unit residential development. For details on how to inspect the amendment, or to register to participate, please contact the Office of the City Clerk at cityclerk(o)_saintiohn.ca. Written objections to the amendment may be provided in writing and/or verbally at the Public Hearing to be held by Common Council. To register for participation in the hearing, please contact the City Clerk's Office in advance at cityclerk(a)-saintiohn.ca If you require French services for a Common Council meeting, please contact the office of the City Clerk. Jonathan Taylor, City Clerk (506) 658-2862 Rezonage et amendement de I'article 59 Objet : 461 avenue Millidge (NID 00041517), 471 avenue Millidge (NID 00041525), 473-475 avenue Millidge (NID 55147797) Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier I'arrete de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le mardi 1 octobre 2024 a 18 h 30, en apportant les modifications suivantes : 1. Rezonage d'une parcelle de terrain d'une superficie d'environ 5,827 metres carres, situe au 471, et 473-475 avenue Millidge, egalement identifie comme de NID 00041525 et 55147797, de Zone residentielle unifamiliale (R1) et Zone commerciale generale (CG) a Zone residentielle — Immeubles d'habitation de hauteur moyenne (RM), tel qu'illustre ci- dessous. 2. Modification des conditions existantes de I'article 59 impose le 13 decembre 2021, sur la propriete du 461 avenue Millidge (NID 00041517). 3. Modification des conditions existantes de I'article 59 impose le 7 septembre 1999, sur la propriete du 473-475 avenue Millidge (NID 55147797). 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: 158 Pour permettre les batiment comportant des habitations multifamiliales. Pour plus d'informations concernant la lecture de I'amendement, ou pour s'enregistrer a I'audience publique, veuillez contacter le Bureau du greffier municipal a I'adresse cityclerk(@saintiohn.ca. Les objections a I'amendement peuvent etre ecrites ou presentees oralement a I'audience publique tenue par le conseil commun. Veuillez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne a I'hotel de ville. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier municipal. Jonathan Taylor, greffier municipal (506) 658-2862 159 BY-LAW NUMBER C.P. 111-X A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately of area of approximately 5,827 square metres, located at 471 Millidge Avenue and 473-475 Millidge Avenue, also identified as PID Numbers 00041525 and 55147797 from One -Unit Residential (R1) and General Commercial (CG) to Mid -Rise Residential (RM). pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. ARRETE NO C.P. 111-X ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 5827 metres carres, situe au 471 avenue millidge et 473-475 avenue Millidge, egalement identifie comme de NID 55147797 et 00041525, de Zone residentielle unifamiliale (R1) et Zone commerciale generale (CG) a Zone residentielle — Immeubles d'habitation de hauteur moyenne (RM), conformement a une resolution adoptee par le conseil municipal en vertu de ('article 59 de la Loi su I'urbanisme. toutes les modifications sont - all as shown on the plan attached hereto indiquees sur le plan ci-joint et font partie du and forming part of this by-law. present arrete. 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 present arrete le X octobre 2024, avec les the X day of October, A.D. 2024 and signed by: signatures suivantes: Mayor/Maire City Clerk/Greffier de la municipalite First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X 160 To Planning Advisory Committee Saint John, NB Subject: Concerns Regarding Rezoning and Section 59 Amendment Application 461, 471, 473, 475 Millidge Avenue (PIDs 55147797, 00041525, 000441517) Dear Planning Advisory Committee, I am writing in response to the application for rezoning the properties located at 461-475 Millidge Avenue (PIDs 55147797, 00041525, and 00041517) from One -Unit Residential (R1) and General Commercial (CG) to Mid -Rise Residential (RM) to allow for multi -unit buildings on the sites. I have several concerns regarding this proposal which I would like to address: 1. Privacy Issues: The proposed rezoning to allow for multi -unit buildings could significantly impact the privacy of the existing residents at 1 Boars Head Road and other residents in the vicinity. Increased building height and density may lead to direct line -of -sight into private residential spaces, diminishing the quality of life for current residents. 2. Disturbance and Noise: Multi -unit buildings typically bring higher levels of foot traffic and noise. The transition from primarily one -unit residential to mid -rise residential could introduce substantial disturbances to the surrounding neighborhood, affecting our daily activities and peace of mind. 3. Infrastructure and Traffic: The increased density from mid -rise buildings will likely lead to heightened traffic congestion and demand on existing infrastructure. This could strain local roads and public services, and potentially create safety hazards in an area not originally designed to accommodate such high volumes. 4. Community Impact: The shift from residential and commercial zoning to mid -rise residential could alterthe character of our community. This change may not align with the existing neighborhood's identity and could affect propertyvalues and community cohesion. 5. Blocking Natural View: The construction of mid -rise buildings on these properties would block the natural view currently enjoyed by many residents, including those at 1 Boars Head Road. The loss of this scenic view can have a significant impact on the 161 aesthetic and emotional well-being of the community, dim inishingthe natural beauty that contributes to the quality of life. 6. Environmental Considerations: The increased density and construction activity could have implications for local wildlife and green spaces. It is essential to consider how the development might affect the local ecosystem, including potential disruption to existing flora and fauna. 7. Long -Term Planning and Future Growth: The proposed rezoning may set a precedent for further high -density developments in the area. It is crucial to evaluate how this change aligns with long-term urban planning goals and the sustainability of neighborhood growth. Given these concerns, I respectfully requestthatthe Planning Advisory Committee consider these potential impacts carefully before making a recommendation. I would appreciate any additional information on how these issues will be mitigated and would welcome the opportunity to discuss them further at the upcoming meeting. Thank you for considering my views on this matter. Sincerely, D"A aG a"A.1/11rti Daoud Jaouni 1 Boars Head Road 121" September 2024 162 Objection to Rezoning and Section 59 Amendment RE: 461 Millidge Avenue (PID 00041517), 471 Millidge Avenue (PID 00041525), 473-475 Millidge Avenue (PID 55147797) Presented by Eric Kennedy Millidgeville resident September 25', 2024 I would like to voice my objection to the Rezoning and Section 59 Amendment RE: 461 Millidge Avenue (PID 00041517), 471 Millidge Avenue (PID 00041525), 473-475 Millidge Avenue (PID 55147797) for the following reasons: It does not follow the plan created by this City of few years ago. Plan SJ proposed a long-term vision for our beautiful city and its expansion. It was created by a team of experts with taxpayers money to accommodate future growth keeping in mind active transportation and walkable neighbourhoods. The proposed changes DO NOT respect this vision. First, it proposes to eliminate commercial zones, when more commercial zones should be integrated into neighbourhood rather than it far away commercial buildings only accessible by car. The plaza is home to successful businesses such as a massage therapy business, a travel agent, a spa and a karate dojo. My child attends the karate studio and walks to and from it (although it scares me with cars zooming by on Boar's head) and we are regular clients to many of the other businesses. The traffic is already too dense in this encased neighbourhood and putting two apartment buildings at this location is problematic in a key access point into Millidgeville. I am not saying we do not need apartments and to not densify but it must be done wisely.. I have been living in Millidgeville for 20 years now and I see the warning signs. I like less and less my neighbourhood that was once peaceful and the jewel of this city. This neighbourhood, which could be a model of a walkable and active area, multigenerational with parks, bike lanes and trees, is becoming a plague of cars and trucks going too fast. There is also a dangerous trend going on now, where this council approves spot zoning and residents are feeling powerless as it appears that projects are profiting contractors' interests without forethought to the neighborhood's needs (and our city's). Suggestions: 163 Attached are pictures of other lots available in the neighbourhood that would make much more sense. A. This whole area is not leveled, but it has the advantage of being in the heart of the neighbourhood, with the possibility of diverting traffic further down on Sam Davis and diluting traffic density "across the board" between Millidge ave, University ave., Somerset and Sam Davis. It would also connect the North End and give residents access to the Superstore and strip mall section there, the YMCA, etc. A safe path for pedestrians could connect the other neighbourhood to Millidgeville and allow people to stay active while being safe. B. Why not build further down on Boars Head, close to already existing apartments building? We would still need a traffic light on Millidge ave., since the flow of cars is now becoming problematic nearly all the time, especially for people turning left. A few accidents have happened in the last months. C. This is a key spot that is CRITICALLY underdeveloped. It is at the heart of this neighbourhood and should have commercial spaces for a potential coffee shop, a market, a restaurant, or offices and spaces for community groups, at the street level. D. Similar to C, this space should never have become a parking lot and storage facility unit in such a key area. We missed a great opportunity there to enhance the neighbourhood in a logical manner! Do RVs need to be stored in the middle of a residential neighborhood? Questions for the council and points to consider, if council still decides to go ahead with the project and spot zoning change: • This project does not respect the mandate to create walkable neighborhoods with mixed -use areas and services accessible to residents. It is very easy to maintain the existing ground -floor businesses, and build ABOVE, as it is done in other major cities around the world. • What about the roundabout planned for several years at the Somerset and Millidge intersection? Traffic will be VERY heavy there, and there must be a plan for the construction period as well, as we are talking about a major thoroughfare and one of the FEW access points to the rest of the city. • Should you still find this area is suitable, perhaps we should consider building another road behind on Boars Head that would exit near the top of the hill by the Rivercross Church? • Should you consider going forward with the buildings, please make it MANDATORY to add subsidized apartment units. The recent apartment buildings that have been erected (on the corner of Millidge ave./Daniel and 164 on University Ave, The Venetian) are unaffordable to even middle -income families ($2000 per month) Thanks for your time and support in making this neighbourhood a model to follow, a true and inspiring Small City with a Big Heart. 165 610� L6gend&. El - 3:en s6lectionn� D -Veml-u rkerrme"t I - 64p,r7-�71,0' 3. - ! \ . _ �- .�G � ©� � \ - ; 4 �}. I z .a Staff Recommendation for Council Resolution Property: 665-669 Loch Lomond Road & 0 Commerce Drive Public Hearing, 15t and 2nd Reading: October 1, 2024 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 1s' and 2nd reading to an Amendment Amendment to the Zoning By-law which rezones the parcels of land having an area of approximately 4.7 hectares, located at 665 Loch Lomond Road, also identified as PID 55102917, 669 Loch Lomond Road, also identified as PID 55102925, and 0 Commerce Drive, also identified as PID 00313155 from Business Park Commercial (CBP) to Corridor Commercial (CC). Other No 3rd Reading: Tentative Date is October 15, 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 the parcels of land having an area of approximately 4.7 hectares, located at 665 Loch Lomond Road, also identified as PID 55102917, 669 Loch Lomond Road, also identified as PID 55102925, and 0 Commerce Drive, also identified as PID 00313155 from Business Park Commercial (CBP) to Corridor Commercial (CC). Recission of Yes That Common Council, pursuant to the provisions of Section Previous s. 39/s. 59 of the Community Planning Act, rescind the Section 59 Conditions Conditions imposed on the April 9, 2002, rezoning of the property located at 669 Loch Lomond Road, also identified as PID 55102925. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the Section Conditions imposed on the May 1, 2000, rezoning of the property located at 0 Commerce Drive, also identified as PID 00313155. 170 Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No 171 PLANNING ADVISORY COMMITTEE September 18, 2024 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: The City of Saint ]obn SUBJECT: Rezoning and Section 59 Amendment 665-669 Loch Lomond Road & 0 Commerce Drive On August 19, 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 September 17, 2024, meeting. Thomas Lewallen, Planner with Growth and Community Services provided an overview of the application via a PowerPoint presentation. Tracy Higgs, on behalf of U-Haul, appeared virtually before the Committee. Tracy Higgs was in agreeance with Staff's recommendation. No letters were received regarding the application. The Committee unanimously adopted the Staff Recommendation to Common Council presented below. RECOMMENDATION: 1. That Common Council rezone 665 Loch Lomond Road (PID 55102917), 669 Loch Lomond Road (PID 55102925), and 0 Commerce Drive (PID 00313155), an area of approximately 4.7 hectares, from Business Park Commercial (CBP) to Corridor Commercial (CC). 2. That Common Council, pursuant to Section 59 of the Community Planning Act, rescind the Section 59 Conditions imposed on April 9, 2002, on the property at 669 Loch Lomond Road (PID 55102925). 3. That Common Council, pursuant to Section 59 of the Community Planning Act, rescind the Section 59 Conditions imposed on May 1, 2000, on the property at 0 Commerce Drive (PID 00313155). Respectfully submitted, Brad Mitchell Chair Attachments Page 1 of 1 172 The City of Saint John Date: September 12, 2024 To: Planning Advisory Committee From: Growth & Community Services Meeting: September 17, 2024 SUBJECT Applicant: Amerco Real Estate Company Landowner: 756080 NB INC. Location: Civic Address PID Existing Zoning Proposed Zoning 665 Loch Lomond Road 55102917 Business Park Corridor Commercial (CC) Commercial CBP 669 Loch Lomond Road 55102925 Business Park Corridor Commercial (CC) Commercial CBP 0 Commerce Drive 00313155 Business Park Corridor Commercial (CC) Commercial CBP Plan Designation: Regional Retail Centre 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 and Section 59 conditions. Common Council will consider the Committee's recommendation at a public hearing on Tuesday, October 1, 2024. EXECUTIVE SUMMARY This application is to rezone properties located at 665-669 Loch Lomond Road and 0 Commerce Drive from Business Park Commercial (CBP) to Corridor Commercial (CC) to construct a self -storage facility and associated vehicle rental. The rescinding of Section 59 Conditions imposed on 669 Loch Lomond Road and 0 Commerce Drive is also required. Staff recommends approving the proposed rezoning and the recission of the existing Section 59 conditions. Page 1 of 4 173 Amerco Real Estate Co. 665-669 Loch Lomond Road and 0 Commerce Drive September 12, 2024 RECOMMENDATION 1. That Common Council rezone 665 Loch Lomond Road (PID 55102917), 669 Loch Lomond Road (PID 55102925), and 0 Commerce Drive (PID 00313155), an area of approximately 4.7 hectares, from Business Park Commercial (CBP) to Corridor Commercial (CC). 2. That Common Council, pursuant to Section 59 of the Community Planning Act, rescind the Section 59 Conditions imposed on April 9, 2002, on the property at 669 Loch Lomond Road (PID 55102925). 3. That Common Council, pursuant to Section 59 of the Community Planning Act, rescind the Section 59 Conditions imposed on May 1, 2000, on the property at 0 Commerce Drive (PID 00313155). DECISION HISTORY Both 669 Loch Lomond (PID 55102925) and 0 Commerce Drive (PID 00313155) have Section 59 conditions that originate from previous rezonings. The long-standing Section 59 conditions were designed for specific uses and developments that either never materialized or have long since closed. Due to the length of the conditions, they are attached to this report under Attachment 1, Current Section 59 Conditions. It should be noted that the Section 59 conditions originally registered to the historical address 665 Loch Lomond Road is now 669 Loch Lomond Road due to a subdivision in 1986. As a result, the conditions are now registered to 669 Loch Lomond Road. ANALYSIS Proposal This application is requesting to rezone the subject property from Business Park Commercial (CBP) to Corridor Commercial (CC) to construct a self -storage facility. The self -storage facility will consist of self -storage, truck and trailer rentals, and related retail sales and vehicle service. Site and Neighbourhood The subject site is located at the edge of the McAllister Regional Retail Centre near the intersection of Loch Lomond Road and Commerce Drive. The area acts as a buffer between the industrial lands to the south of Loch Lomond Road and the residential neighbourhood located off Mark Drive. Bus Routes 30 and 33 are within 200 metres of the subject site and connect the Champlain Heights neighbourhood with the East Point Shopping Centre and the Uptown. Municipal Plan The subject site is designated McAllister Regional Retail Centre in the Municipal Plan. The McAllister Regional Retail Centre is the major Regional Retail Centre in the City and is the focus for commercial retail and service -based uses intended to serve Southwestern New Brunswick. Self -storage facilities and associated vehicle rental uses provide a service that can be used by residents across the City and beyond, meeting the intention of the regionally focused centre. Page 2 of 4 174 Amerco Real Estate Co. 665-669 Loch Lomond Road and 0 Commerce Drive September 12, 2024 The subject site is also located within the McAllister Place Intensification Area. Intensification Areas are identified as areas of the City where future growth and development will be focused. Regional Retail Centre Intensification Areas are not intended to undermine the function of Local Centre or Primary Centre Intensification Areas. The use of a self -storage facility and associated vehicle rentals would not interfere with the function of Local Centres or Primary Centres due to the inability of those Centres to physically accommodate the scale of the proposed development. Zoning The subject site is currently zoned Business Park Commercial (CBP). The CBP zone accommodates areas that are generally identified for commercial redevelopment, compatible residential, and employment uses, such as business offices, research and development facilities, and light manufacturing and assembly. While the CBP zone permits self -storage facilities, the proposed development includes vehicle rental, requiring the rezoning to Corridor Commercial (CC). As shown on the submitted site plan, the proposed development meets the parking and landscaping requirements established in the Zoning By-law. Due to the presence of a wetland on the property, a significant portion of the subject site will remain in its natural state. 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. Section 59 Conditions Staff recommend the recission of the existing Section 59 conditions that were imposed on April 9, 2002, on the property 669 Loch Lomond (PID 55102925) and May 1, 2000, on the property 0 Commerce Drive (PID 00313155). The historical conditions on both properties are in relation to proposed developments that never came to fruition. Conditions that determined the location of utility services have been verified with the appropriate parties and it was concluded they are no longer necessary. Conclusion The proposed rezoning of the subject site to the Corridor Commercial (CC) zone aligns with the policies established within the City's Municipal Plan and will accommodate the development of a self -storage facility and associated vehicle rental business. Staff recommends approving the proposed rezoning and rescinding the Section 59 Conditions imposed on past rezonings of the site. 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 September 3, 2024. The public hearing notice will be posted on the City of Saint John website on or before September 9, 2024. Page 3 of 4 175 Amerco Real Estate Co. 665-669 Loch Lomond Road and 0 Commerce Drive September 12, 2024 APPROVALS AND CONTACT Author Manager Director Commissioner Thomas Lewallen Jennifer Kirchner MCIP, RPP Pankaj Nalavde MCIP, RPP Amy Poffenroth Contact: Thomas Lewallen Telephone: (506) 649-6075 Email: thomas.lewallen@saintjohn.ca Application: 24-0162 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Current Section 59 Conditions Attachment 2: Municipal Plan Review Attachment 3: Site Photography Submission 1: Project Narrative Submission 2: U-Hail Traffic Data Submission 3: Site Plan Submission 4: Elevation Drawings Page 4 of 4 176 Aerial Photo - 665-669 Loch Lomond Road & 0 Commerce Drive .1; . r :. s - ..* F. r {" i ri} W F v 0 Commerce Drive —TM' ; -0CH D Y SEE ST 669 t. 665 0 Subject Properties 1:4,514 0 0.03 0.06 0.11 mi 0 0.04 0.09 0.17 km The City of Saint John, Service New Brunswick, New Brunswick Emergency Measures Organisation 177 GIS Viewer (C) City of Saint John Aerial Photo - 665-669 Loch Lomond Road & 0 Commerce Drive si6 � Falls Park <a Drive Basketball rt/Ter rain de Silver Falls sketball de la �J menade Mark U a, �e°Je I /a 0 Commerce Drive e �J c° as duo K"pr �hem�n LOGS VO i 665 Q) 3 Q M s > 1:4,514 Q Subject Properties Future Land Use o o.os o.os o.11 mi Stable Commercial Regional Retail Centre 0 0.04 0.09 0.17 km Heavy Industrial Stable Residential Park and Nat4iVrea Urban Reserve GIS Viewer (C) City of Saint John Aerial Photo - 665-669 Loch Lomond Road & 0 Commerce Drive ve Basketball /Terrain de si etball de la ;Wade Mark R2 Is 4if'-- 0 Commerce Drive [_v, \ /` 569 b65 Q Subject Properties Zoning Two -Unit Residential (R2) Business Park Commercial (CBP) Regional Commercial (CR) Heavy Industrial (IH) General Commercial (CG) Utility Service (US) CIBIP 1:4,514 0 0.03 0.06 0.11 mi Mid -Rise Residential (RM) m 0.09 0.17 k Future Development (FD) 1film Neighbourhood Community Facility (CFN) GIS Viewer (C) City of Saint John 0 Commerce Drive (PID 00313155) Section 59 Conditions "RESOLVED that the by-law entitled, "By-law Number C.P. 100-526 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re -zoning various parcels of land located at 257 Mark Drive, 273 Mark Drive and 641 Loch Lomond Road (NBGiC Numbers 313155 and 55123509 and part of 424440), having an area of approximately 6 hectares (15 acres), from "R- 2" One and Two Family Residential and "RM-1" Three Storey Multiple Residential to "BP" Business Park classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re -zoning be subject to the following conditions: a) The use of the rezoned area is limited to the applicant's proposal to develop a business park subdivision; b) No lot in the proposed Business Park shall be developed, except in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer. c) No lot in the proposed Business Park shall be developed, except in accordance with a detailed site plan and detailed elevation plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating all buildings, structures, landscaped areas, parking areas, driveways, exterior lighting, signs and other site features. d) The plans mentioned in (b) and (c) above must be attached to the building permit application for the development to which it applies, but not including any permit for site preparation or foundation. e) All parking areas, loading areas and driveways must be paved with asphalt and enclosed with continuous cast -in -place concrete curbs. f) All areas of the site not occupied by buildings, structures, parking areas, loading areas and driveways must be landscaped, and the landscaping must extend into the street right-of-way to the edge of the developed street. g) Prior to a building permit being sought for development of any lot, the developer must extend all required services including municipal water, sewer, storm sewer, telephone and power and street lighting to the lot. Where the existing overhead utility lines exist on the section of Mark Drive between Martha Avenue and Loch Lomond Road, such overhead lines must be replaced by underground or rear -lot overhead lines at the developer's expense. h) Prior to a building permit being sought for development of any lot, the developer must either: (1) in accordance with detailed plans to be prepared by the developer and subject to the approval of the Chief City Engineer, install concrete curb and sidewalk meeting City specifications along the frontage of the lot (dropped at driveway entrances), together with necessary 0 Commerce Drive (PID 00313155) Section 59 Conditions -2- asphalt pavement between the edge of the curb and the existing paved surface of the street; or (2) provide security to the City in an amount to be determined by the Chief City Engineer, based on City specifications, to ensure the completion of the work described in subparagraph (1) above prior to occupancy of the building. i) In addition to the above conditions, the following conditions apply specifically to that portion of the proposed Business Park lying between the proposed City -owned buffer area adjacent to Silver Falls Park subdivision and the proposed Mark Drive by-pass road, as well as to the first lot adjacent to the residential lot at 280-282 Mark Drive: (1) Warehouses, industrial services and general manufacturing are prohibited. (2) All facades of the buildings must include high quality finishes similar to that required for the street -facing facade. (3) There shall be no access to any lot in the Business Park from the proposed residential section of Mark Drive. (4) A minimum building setback of 15 metres (50 feet) and a minimum parking setback of 7.5 metres (25 feet) must be provided from any lot line adjacent to the proposed City -owned buffer area. The setback area must be graded and landscaped in a manner that provides a visual screen from the residential properties on the existing Mark Drive. (5) Buildings and structures shall have a maximum height of one storey. (6) Lighting fixtures shall not be placed on the rear or side facades of buildings. If exterior lighting is required in the rear or side yard areas of a property, it must be mounted on poles and directed back towards the building. This requirement is in addition to the general requirement in Section 820(14) of the Zoning By-law, which applies to the whole rezoned area, that "no lighting facility or illuminating device for any purpose may be arranged in such a manner that directs rays of light therefrom to fall upon adjoining premises." (7) Construction vehicles are not permitted to use the residential section of Mark Drive. j) A minimum 18-metre (60-foot) wide landscaped buffer area must be created and maintained adjacent to the residential lot at the intersection of the existing Mark Drive and Martha Avenue (civic # 280-282 Mark Drive). The buffer area must be developed and maintained in accordance with a detailed plan, subject to the approval of the Development Officer, illustrating the exact features to be employed. 181 0 Commerce Drive (PID 00313155) Section 59 Conditions -3- k) The issuance of any building permit on any existing lot and/or the creation of any lots within the rezoned area shall require the vesting of sufficient easements for any necessary service extensions/ improvements. 1) No lot shall be developed within the rezoned area, other than site preparation, until such time as the proposed Mark Drive by-pass is completed and open to traffic. m) No building shall be occupied until all work indicated on the approved site and drainage plans mentioned in conditions (b) and (c), except landscaping, is completed for the lot on which the building is located. Landscaping of the lot on which the building is located must be completed no later than one year following issuance of the building permit for the development." 182 669 Loch Lomond Road (PID 55102925) Section 59 Conditions PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN 4':dj1F Uf!1t-r ,rorj4 �k6fi; �,!e.lfi t7rAaE.rna •„ irrt `e a copy of sno Copse cloriforme a 1'mstrument rf^af r--!7i6!Er-d or enregistre Du depos¢ ay f in the 5a!nt John bureau d'enregisuement stt "Y Registry Otf;ce H13 carnt a Saint John Na _ I tit I, MARY L. MUNFORD, of the City of Saint John in the County of Saint John and Province of New Brunswick, DO HEREBY CERTIFY:- 1. That I am the Common Clerk of the said City of Saint Jahn and as such have the custody of the minutes and records of the Common Council of the said City of Saint John and of the Common Seal of the said City. 2. That hereto attached and marked "A" is a copy of a resolution adopted by the Common Council of the City of Saint John on the eighteenth day of March, A.D. 2002. 3, That I have carefully compared the said resolution with the original and the same is a true copy thereof. ❑ A T E D at the City of Saint John on the twenty-seventh day of March, A.D. 2002. IN TESTIMONY WHEREOF, I, the said Common Clerk of the City of Saint John have hereunto affixed the Common Seal of the said City the day and year first hereinbefore written. �L� �� - �� Mary L. Munf d Common CI k 183 669 Loch Lomond Road (PID 55102925) Section 59 Conditions "RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed upon the March 25, 1985 re -zoning of a portion of the property situated at 669 Loch Lomond Road, also identified as NBGIC Number 55102925, by including as a permitted use a retail clothing store." 669 Loch Lomond Road (PID 55102925) Section 59 Conditions PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, MARY L. MUNFORD, of the City of Saint John in the County of Saint John and Province of New Brunswick, DO HEREBY CERTIFY:- 1. That I am the Common Clerk of the said City of Saint John and as such have the custody of the minutes and records of the Common Council of the said City of Saint John and of the Common Seal of the said City. 2. That hereto annexed and marked "A" is a true copy of a resolu- tion adopted at a meeting of the Common Council of the City of Saint John on the fourth day of December, A.D. 1989. 3. That I have carefully compared the said resolution with the original thereof and the same is now in force and has not been rescinded D A T E D at the City of Saint John on the llth day of December, A.D. 1989. IN TESTIMONY WHEREOF, I, the said Common Clerk of the City of Saint John have hereunto affixed the Common Seal of the said City the day and year first herein - before written. Mary L. Mun Common Cler 185 669loch Lomond Road (PID 55102925) Section 59 Conditions RESOLVED that as recommended by the Planning Advisory Committee, Common Council resolution of March 25, 1985, pursuant to Section 39 of the Community Planning Act, be amended so as to add poster panel as one of the uses permitted at 665 Loch Lomond Road. 669 Loch Lomond Road (PID 55102925) Section 59 Conditions PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, MARY L. MUNFORD, of the City of Saint John, in the County of Saint John and Province of New Brunswick, DO HEREBY CERTIFY:- 1. That I am the Common Clerk of the said City of Saint John and as such have the custody of the minutes and records of the Common Council of the said City of Saint John and of the Common Seal of the said City. 2. That hereto annexed and marked "A" is a true copy of a resolution adopted at a meeting of the Common Council of the said City of Saint John . held on the twenty-fifth day of March, A.D. 1985. 3. That I have carefully compared the said resolution with the original thereof and the same is now in force and has not been rescinded. A.D. 1985. DATED at the City of Saint John on the eighteenth day of April, IN TESTIMONY WHEREOF, I, the said Common Clerk of the City of Saint John have hereunto affixed the Common Seal of the said City the day and year first hereinbefore written. ry L. Munford, ommon Clerk. 187 669 Loch Lomond Road (PID 55102925) Section 59 Conditions RESOLVED that the by-law entitled, "By -Law Number C.P. 100-25 A Law To Amend The Zoning By -Law Of The City Of Saint John", insofar as it concerns re -zoning a parcel of land at 655 Loch Lomond Road (L.R.I.S. Number 312801), containing approximately 27,000 sq. ft. with a width of 130 ft., from "R-2" One- and Two -Family Residential to "I-1" Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re -zoning be on the condition that the use of the property be limited to office and storage of siding, windows and other materials related to the business carried on by Insulcan Ltd. i IM Attachment 2: Municipal Plan Review — 665-699 Loch Lomond Road and 0 Commerce Drive Municipal Plan Policy Planning Assessment Policy LU-60 Acknowledge that each Regional Retail Centre in the City is unique and will evolve differently to serve the needs of the community. Council intends that: a. McAllister Regional Retail Centre is the major Regional Retail Centre in a. The proposed development provides a service in the capacity of a the City and will continue to be the focus for commercial retail and self -storage facility and moving truck rentals. The facility will serve service -based uses intended to serve all of Southwestern New residents city-wide, if not beyond. Brunswick. b. N/A b. Fairville Boulevard Regional Retail Centre is a secondary, more community -based Regional Retail Centre which will contain less intensive commercial retail and service -based uses intended to primarily serve residents west of the St. John River. Policy LU-61 When considering development in the Regional Retail Centres: a. Ensure the specific land uses established in the Regional Retail Centre a. The proposed land uses are not appropriate for Primary Centres are appropriate and strengthen the role of the City's Primary Centres; seeing as they are dependant on large parcels of land and b. Strongly discourage new major professional offices and to locate; inherently car oriented. c. Encourage quality urban design and where possible, more intense land b. N/A use and development; c. The subject site is an excellent example of buffering between uses. d. Require development applicants to demonstrate consideration of transit The subject site is located between a heavy industrial use and a and pedestrian connectivity to the street and between retail locations; residential neighbourhood. d. The applicants have considered the location of the subject site and e. Ensure development contributes to a more pedestrian -oriented the propensity with which customers will utilize public transit. atmosphere by minimizing surface parking lots, encouraging shared e. While the subject property is located within the McAllister parking, increasing landscaping and improving sidewalks and Regional Retail Centre, a dense commercial centre, it is at the streetscaping; and periphery and as a result is not located near other uses. The f. Ensure infrastructure improvements made necessary by a development subject property will be heavily landscaped in part due to the are generally the financial responsibility of the developer. presence of wetlands. f. The developer is responsible for any infrastructure upgrades required. Attachment 2: Municipal Plan Review — 665-699 Loch Lomond Road and 0 Commerce Drive Require the preparation of a comprehensive stormwater management plan that addresses current flooding and stormwater management issues in the McAllister Regional Retail Centre, and proposes measures to mitigate and/or resolve them, prior to major new development in the McAllister Regional Retail Centre. Council shall seek the cooperation of property owners in the McAllister Regional Centre to successfully implement the stormwater management plan. stormwater management plan is a required piece during the building ermit phase. 190 View of 665-669 Loch Lomond Road & 0 Commerce Drive from 603 Loch Lomond Road 191 Cogswell Engineering Ltd. 44 Orion Court, Unit 1A Dartmouth, NS (902) 809-2647 City of St. John Growth & Community Services 15 Market Square St. John, NB To Whom It May Concern: Subject: Re -zoning application, Section 59 Amendment 665 & 669 Lock Lomond Road, Saint John, NB Cogswell Engineering Ltd. has been retained by U-Haul International to provide professional engineering services for a proposed development at the above -named location. Please find enclosed a rezoning application seeking an amendment to Section 59 of the City of St. John Zoning By -Law for the property located at 665 & 669 Lock Lomond Road, Saint John, NB. The enclosed application includes the following documents: 1) Signed Planning Application 2) Project Narrative 3) U-Haul Traffic Data 4) Drawing files (proposed site plan and building plans) Should you have any questions or require further clarification, please do not hesitate to contact me at (902) 449-8141. Sincerel�r, Brett Kiley, P.Eng Cogswell Engineering Ltd. 192 AM R 0o REAL ESTATE COMPANY 2727 N. CENTRAL AVE., PHOENIX, AZ 85004 PHONE: (602) 263-6555 • FAX: (602) 277-5824 • EMAIL: Stephany_Sheekey@uhaul.com Narrative Project Summary AMERCO Real Estate Company (AREC) has prepared this application package for the opportunity to receive the City of Saint John's participation and counseling regarding a rezone & amendment to Section 59 conditions for the property located at NEC of Commerce Drive and Loch Lomond Road Intersection. AREC is the wholly owned real estate subsidiary of the U-Haul System. The proposed 11.36 acre property is located at the NEC of Commerce Drive and Loch Lomond Road Intersection. U-Haul is proposing to develop the site into a U-Haul Moving and Storage Store. Our uses consist of self -storage, U-Haul truck and trailer sharing, and related retail sales. This infill development will allow U-Haul to better serve the storage needs of the community and activate a property that is currently vacant. The property is currently zoned CBP (Business Park Commercial). U-Haul is proposing to rezone this property to CC (Corridor Commercial) to allow for our proposed uses. Custom site design for every U-Haul store assures that the facility complements the community it serves. Adherence to community objectives is key to ensure each U- Haul store is both a neighborhood asset and an economic success. U-Haul is more of a commercial type of use that serves residential communities within a 3-5-mile radius. We feel the U-Haul would be an appropriate use for the property and there are proven benefits for allowing self -storage facilities in communities: • Self -storage facilities are quiet • They provide an excellent buffer between zones • They create very little traffic • They have little impact on utilities • They have no impact on schools • They provide a good tax revenue • They provide a community service U-Haul Moving and Storage is a convenience business. Our philosophy is to place U- Haul stores in high growth residential areas, where we fill a need for our products and services. Customers are made aware of the U-Haul store, primarily via drive -by awareness, much like that of a convenience store, restaurant or hardware store. Attractive imaging and brand name recognition bring in area residents — by our measures, those who live within a four -mile radius of the center. The U-Haul Store: 193 U-Haul stores characteristically serve the do-it-yourself household customer. The U-Haul Store will be staffed with 10-15 employees, both full-time and part-time. Families will generally arrive in their own automobiles, enter the showroom and may choose from a variety of products and services offered there. When situated near public transit, approximately 50% of those families utilize alternative transportation to access U-Haul equipment and services. • Families typically use U-Haul Self -Storage rooms to store furniture, household goods, sporting equipment, or holiday decorations. During transition periods between moves, moving to a smaller home, combining households, or clearing away clutter to prepare a home for sale, storage customers will typically rent a room for a period of two months to one year. • U-Haul stores also provide truck and trailer sharing for household moving, either in -town or across country. • Families who need packing supplies in advance of a move or to ship personal packages can choose from a variety of retail sales items, including cartons, tape and sustainable packing materials. • Families who tow U-Haul trailers, boats, or recreational trailers can select, and have installed, the hitch and towing packages that best meet their needs. • Moving and storage are synergistic businesses. Over half of our storage customers tell us they used U-Haul storage because of a household move. Customers will typically use U-Haul equipment or their personal vehicle to approach the loading area and enter the building through the singular customer access. All new U-Haul stores are designed with interior storage room access, giving the customer the added value of increased security, and the community the benefit of a more aesthetically pleasing exterior. Significant Policies: • Hours of Operation: Mon. - Thurs. 7:00 a.m. to 7:00 p.m. Fri. 7:00 a.m. to 8:00 p.m. Sat. 7:00 a.m. to 7:00 p.m. Sun. 9:00 a.m. to 5:00 p.m. • All U-Haul storage customers are issued a card -swipe style identification card that must be used to gain access to their room. This is but one of many security policies which protect the customer's belongings and decrease the ability of unauthorized access to the facility. 194 • It is against policy for a business to be operated from a U-Haul storage room. • Customers and community residents who wish to use the on -site dumpsters for disposing of refuse must gain permission to do so and are assessed an additional fee. • Items that may not be stored include chemicals, flammables, and paints. • U-Haul stores are protected by video surveillance. • U-Haul stores are non-smoking facilities. • U-Haul will provide added services and assistance to our customers with disabilities. Traffic Study: • U-Haul stores generate less vehicular traffic volume while still embodying an active -use site. Truck and trailer share and self -storage both represent dynamic transitions from one customer to another. DIY moving customers are presented with opportunities to utilize equipment and storage on a temporary basis, supporting a shared -economy, an effective economic model and an environmentally -sound way to conduct business. Fast Food 18 hours Restaurant 3,040 sq ft 3,i61 trips 3,430 trips 24 hours 7 Gas Station wl Convenience 2,200 sq ft 1,200 trips 2,200 trips 18 hours • 7 Store 24 hours Hotel 50,000 sq ft 905 trips 901 trips 24 hours 7 Casual Dining 5.000 sq ft 1,075 trips 1,258 trips 11 am - 11 pm 7 12 hours 195 U-Haul looks forward to working with the City of Saint John as you consider the rezone & amendment to Section 59 conditions we are currently submitting. Sincerely, %'- fkj-� Stephany Sheekey AMERCO Real Estate - Planner 196 AMER 0. REAL ESTATE COMPANY 2727 N. CENTRAL AVE., PHOENIX, AZ 85004 PHONE: (602) 263-6555 • FAX: (602) 277-5824 • The information presented below provides the actual trip counts from four similar size U- Haul centers located in Canada, collected for a period of 1 week 5/12/24- 5/18/24 for storage customer access in order to illustrate the number of trips that are typically generated at the U- Haul facilities. #1 (843075) U-Haul Moving and Storage of Halifax (121,442 GSF): 350 Horseshoe Lake Dr, Halifax, NS 133S0134 U-Haul Avg/Max Avg/M Saturday Sunday Monday Tuesday Wednesday Thursday Friday Location ax May 11 May 12 May 13 May 14 May 15 May 16 May 17 843075 Value 2024 2024 2024 2024 2024 2024 2024 Daily Average 28 38 24 27 19 28 29 30 Trips Weekly Count AM Trips AM Peak 5 3 3 0 4 3 5 3 (7am- Hour gam) Highest Count PM Trips PM Peak 9 9 4 6 5 6 4 5 (4pm- Hour 6pm) Highest Count The actual average daily traffic counts for a week period generated from customers visiting the center to access their self -storage unit was 28 customers/day (21 customers/day on a weekend and 27 customers/day on a weekday.) The AM and PM Peak Hour Traffic Volume Was: AM Peak Hour (7am-9am) - The Highest Trip Count was 5 Trips. PM Peak Hour (4am-6am) - The Highest Trip Count was 9 Trips. 197 #2 (841033) U-Haul Moving and storage of Bramalea (126,639 GSF) 152 East Dr, Brampton Ontario L6T1C1 U-Haul Avg/Max Avg/M Saturday Sunday Monday Tuesday Wednesday Thursday Friday Location ax May 11 May 12 May 13 May 14 May 15 May 16 May 17 Value 2024 2024 2024 2024 2024 2024 2024 841033 Daily Average 17 21 17 21 16 10 15 18 Trips Weekly Count AM Trips AM Peak 3 1 3 0 1 0 1 1 (7am- Hour gam) Highest Count PM Trips PM Peak 6 6 4 3 5 0 4 5 (4pm- Hour 6pm) Highest Count The actual average daily traffic counts for a week period generated from customers visiting the center to access their self -storage unit was 17 customers/day (13 customers/day on a weekend and 16 customers/day on a weekday.) The AM and PM Peak Hour Traffic Volume Was: AM Peak Hour (7am-9am) - The Highest Trip Count was 3 Trips. PM Peak Hour (4am-6am) - The Highest Trip Count was 6 Trips. HE #3 (839071) U-Haul Moving & Storage of Central Burlington ( 123,754 GSF) 3245-3267 Mainway, BURLINGTON Ontario L7M1A6 U-Haul Avg/Max Avg/Max May 11 May 12 May 13 May 14 May 15 May 16 May 17 Location Value 2024 2024 2024 2024 2024 2024 2024 839071 Daily Trips Average Weekly 23 30 21 21 18 30 19 22 Count AM Trips AM Peak Hour 4 4 0 0 0 4 0 2 (7am-9am) Highest Count PM Trips PM Peak Hour 4 2 1 4 4 3 4 2 (4pm-6pm) Highest Count The actual average daily traffic counts for a week period generated from customers visiting the center to access their self -storage unit was 23 customers/day (0 customers/day on a weekend and 23 customers/day on a weekday.) The AM and PM Peak Hour Traffic Volume Was: AM Peak Hour (7am-9am) - The Highest Trip Count was 4 Trips. PM Peak Hour (4am-6am) - The Highest Trip Count was 4 Trips. 199 #4(942071) U-Haul de Gatineau - demenagement et entreposage ( 196,398 GSF) 266 Rue Saint-Louis, Gatineau Quebec J8P8B3 U-Haul Avg/Max Avg/Max May 11 May 12 May 13 May 14 May 15 May 16 May 17 Location Value 2024 2024 2024 2024 2024 2024 2024 Daily Trips Average Weekly 35 37 35 29 39 35 41 30 Count AM Trips AM Peak Hour 5 2 2 2 5 3 4 2 (7am-9am) Highest Count PM Trips PM Peak Hour 10 9 3 9 5 5 10 6 (4pm-6pm) Highest Count The actual average daily traffic counts for a week period generated from customers visiting the center to access their self -storage unit was 35 customers/day (0 customers/day on a weekend and 35 customers/day on a weekday.) The AM and PM Peak Hour Traffic Volume Was: AM Peak Hour (7am-9am) - The Highest Trip Count was 5 Trips. PM Peak Hour (4am-6am) - The Highest Trip Count was 10 Trips. 200 Rim Elev: 14\90m [48. pOtt] I I �A,S�i�ali Catch Basin Rim Elev: 16.30 (51 8ft) 250mm PVC Storm 300mm PVC Storm w Ik Sidewalk 17.5m [57.4ft] Curb &I Curb Let -own "b ls7�''� 6m [62.22ft]-- .47ft] (nn Sanitary : 19. 4m (6 r PID 00436659 1�KWI Ill! 15.Om �� C J - Z scow egos. eta. Property J \ Doc. 234263, Vol. 665, Pg. 632' rV \ �� a o <� O ( c U? �� hj tip M 1 �� V \ > Dc I� �� �� �� 6 l\ c�ti (V' �. s i (-V O �O �t o A j � , AF •. X .,y� • �wr 400mm PVC Sanitary �� p 10 s \ \� , . �r a�� � �-� � c � � iri /< � �� �. ��� � �\ r 0 0D D (`� o0 oo -y ^V� 1 y o �� ��� ls� �fti 1' ° \ ���� j�\ \/ / ( �� c °� \ °`� J n W 4 m PVC Sanita \ \� \ ti o \ 1,50 a1/f All 45umm Conc. Storm r o - �� yv1/Watercourse as � Boreal EnUnmappevironmental Reporter o 1 PROPOSED 1-STORY BUILDING � L � � � ' 13,785± 60M PVC ' . \\�� � � later Main _ ( "r �>r` >�� •� `� v��. �� ���\ /� v 4 vv ��o� ��� v ��y SITE AERIAL :L7.7'�(58.14 SCALE: NTS o��,rb h� o,� �� 0 3 IT(, 325mm Culy _ J 30m Wetland Buffer .p \ � o �� \� o. ��, ZONING INFORMATION: Curb Letdown �� 1 j V . • .A� ��o C l% A ) `� \\ A \ 2S V N CD( ��� � 7 - -� Bottom of slope � � ?�� A \ \ vl8 •O I N V r(o a C� PROJECT NAME: U-HAUL OF SAINT JOHN EAST •�`.. � � _ - � \ y-� �°��� Inv: 17.84m � \� �� �A\� � � � - a - � -- v', . .�� � � ,\\ � � a � � �� MUNICIPALITY: CITY OF SAINT JOHN 375mm PVC Top of Slope Outfalls Buried 62ft� \ ' I. . �® \ x 1� ' �� �✓ ���\� q f \ \ \ 400mm PVC sanitary - �z� .o j PROJECT ADDRESS: 665 & 669 LOCK LOMOND RD Delineated Wetland as per \ . . . p v.�. �� 14.Om,'0o �,� \\ \��\����\ VC Stor Boreal Environmental Report - \ _ - - • - _ �\- �� �� \�~\\ SAINT JOHN N B E2J 1 Y9 2� I Manhole Water p I� \ ✓ I I . ' [46ft] .% . . ✓ PID 00313155 I _ \ \ .. _ _ _ _ _ _ _ _ _ �\ 900mm Conc Water Main \�\ \ s6; im Elev: 1s.42 fs3.7oft] ss915' N.B. Inc. Property I . -� .� l . . . . . . •�- . . ..I \ \ \ SITE ACRE: 11.36 ACRES 03 �� See Doc. 43 58780, Reg. 2022-10-27 - . - . - v 19.5m \ _ - % ZONE: CBP BUSINESS PARK COMMERCIAL - 64ft] -- \ �� _ . . . . . %\ i\� ( ) (\ A=112.09 �- - - - - - - - - . Treeline. . • . . • / _ \ �� 1\\ �__ ABUTTING ZONING DISTRICT: \ R=119.93 15.Om �' ' -•_' VA� �,/ A \N: CBP BUSINESS PARK COMMERCIAL .. - / A=53'32'5 `. . . .•.• .\ i• i0 J ( \ 4 1 ) \ C.B.=S 4 ' 0.9 W ,. .�. . . . . . . . . . �. .`[49.2ft] \ . . . . . ^�'�� .� �\�� _� \ `�� _�\ S: IH (HEAVY INDUSTRIAL) x l6'9 �� `� I \ j . �. . . . � _ �`? �� i E: CBP (BUSINESS PARK COMMERCIAL) -- .: �A \ see Plan � � � ��, - - � / � � - �- - • � /� � (� � \ \ � ��� f� � �� � � � �' / � � ( ) �\ tlo7soo63 /. \ � � h � � � � a I f � � e ( � a� W: CBP BUSINESS PARK COMMERCIAL catch B i O� ls�o� G USES: SELF -STORAGE, U-HAUL TRUCK/TRAILER SHARE, RELATED RETAIL SALES Rim Elev: 2;2m [69. ff] nv: ] �O �� A \\ \ / �� �J PROPOSED 3 STORY BUILDING _ \V._ �/ \ \ 39 038_ S.F. FOOTPRINT - • - _ �, __ \� MINIMUM LOT AREA: 4,000 SQ M (43,055.64 SQ FT) \ 117,114± G.S.F. (3 FLOORS) / - _ _ /_ j �A 17.5m _ / Catch -Basin 22' {�,� �o c' ' �r \ /✓ 57 Oft] / pC� �� -_�3$ �� SETBACKS (PRINCIPAL STRUCTURES): 250mm PVC Storm ��\� / 20 • - \ 22• �� Ri Elev: 33.06m (1 .4 `� \ S - _ _ \ -' - / - - j/ 656{��-- ! 5m = 25.Om �� a f -� / FRONT YARD: 7.5M MIN (24.6FT) / 22M MAX (72.1FT) PIDO \ ~o �� P=s67m 277.soft /� t _ catc asin SIDE YARD: 3M 9.84FT ( [ ] ` i ,\�73 8f 250mm P - [ \ 300m VC" ( ) V Q / - [ ] / nu39.1�10222] - - a � ) /� R - 117.25m 384.67ft Catch Bann / � � $2.Oft] - � � - � Ri Elev: 3 � - 41'22'40" __ _ _ Rim lev- 9.o m [95.44ft] 300�nfi PV _ - -_-A"3.37 REAR YARD: 3M (9.84FT) 9' -02' s �- tch CL C.B. = N47'33'18.90" E Inv:,28 74m (94.28' 300mm er Mam - - _ Q 0f'• w \ hd = 82.84 27177ft 30omm PV / �� - 3 FLANKAGE YARD: 7.5M MIN (24.6FT) / 22M MAX (72.1 FT) - - - - �\ ��[ - ]-�98.4ftj- JJJ��� ` �o \ o MAXIMUM BUILDING HEIGHT. 2 STORIES MINIMUM / 24M MAXIMUM ( 8.7F ) / �� PID 55102925 300mm CI Water Main Gu derail Lot 93-2 � 7 T Catch asin / \ See Plan 200141 - --/ W Unable to survey centre lin of try ^ 300 �\ 3 / - O W cry 600mm Water Main - PARKING: Rim Ele : 21.95m [72.02ft] / ad due to heavy traffic fl w. w (1 \ G Back of Curb o 600mmDIWater Main o 'o 3 - 30 RETAIL GENERAL: 1 SPACE PER 30 SQ M, IF LESS THAN 5,000 SQ M / (� 250mm PVC Storm CafChBasin Cc 1 SPACE PER 25 SQ M, IF GREATER THAN 5,000 SQ M � -- 49 S Rim Elev: 30. ✓ � �- - 37.5mm water service v SELF STORAGE FACILITY: 1 SPACE PER 50 SQ M OF OFFICE USE \ Face of Curb c Billboa on % 900mm H Prescon Water Main � � - � - � � y �\ � P VEHICLE SALES: 1 SPACE PER 30 SQ M OF OFFICE AREA PLUS 1 SPACE Conc. p s �i - Man ole Water Curb Letdown _ _ _ Rim ev. 25.ss ft o ) Manhole storm r�in � PER INVENTORY VEHICLE ] / / Rim Elev: 35.74m (117.27ft] 25 M c,�` � j a �� V WAREHOUSE FACILITY: 1 SPACE PER 200 SQ M FOR THE FIRST 2,000 SQ M l84ftm LO EL o "� Uj,O / ,\ PLUS 1 SPACE PER 500 SQ M MORE THAN 2,000 SQ M. 150mm Water, 38mm PID 55102917 J _ J�� - �� � �__ / V \ � Water, 150mm Sanitary- 1 % mm W Remnant Lot 93-1 ` \ , 2s, �� \\ PID 00313767 PID 55057889 ate See Plan 200141 ��', ��8 m 6 Wa Mai 500mm Industrial Water Main �'J O� / �\ S LOADING SPACES: See Plan10820901 26ftj�� N / - 30�� O'��` _ - NO LOADING SPACE SHALL BE LOCATED IN THE REQUIRED FRONT OR p� FLANKAGE YARD OF THE LOT OR BE LOCATED IN ANY REQUIRED YARD 450mm Conc. from _ 32.5m 35 `3 -_ 40.Om �� / 3 ux, \ / , 24.5m j/�� �5��� ��Zj ������ -- 3 �� ��L-��� - /� - ALL LOADING SPACES SHALL BE VISUALLY SCREENED FROM A NEARBY Inlet to Outlet �, / Eft - 12 \\\� s i I % [$Oft] //% - z�� o0mm_aterM �1�. �1� i [131.2ft] y�� = 40.Om % �� - - Catch Bann w cs // - - - \ -_ _ STREET BY A BERM BUILDING LANDSCAPING SOLID FENCE WALL OR \ Rim Elev: 22.28m (73. � 0031724� � �ANY OTHER STRUCTURE 8 / U� J � o o 40.Om PID �^ -(Z f - - ALL LOADING SPACES SHALL BE DEVELOPED IN A MANNER TO d soommPVC Water Main o� 600m Water Ma o l �� 98 'd d ! [131.2ft] _ OWN ACCOMMODATE NECESSARY VEHICLE MOVEMENTS ENTIRELY ON THE LOT / ✓ \ - - _ 0m - O� ` WITHOUT INTERFERING WITH PEDESTRIAN OR VEHICULAR TRAFFIC ON Portion of � � N � tJ � � V � 35. - �- I �yw� �114 - \ _ -_ �.`� AN ADJOINING LOT OR STREET • -� Curb Letdown 00 CID � �jC'� PID 00313155 •o h? o o \ 8 2 r. � v ��\ _ �� fig$• � \�\ �� ��_ � _ 1 400mm Water Main \ iji -- ` LANDSCAPING: i c \� i� l / \ �� PID 55155964 _ A\\VA\\�A w 25.Om \� \ = -� �'�' = ° - ALL REQUIRED FRONT AND FLANKAGE YARDS MUST BE LANDSCAPED \ _ - �\ \� \ ���� ? o \ / Power Transformer Pad pp \ \ _ [ a �\` Electrical Conduit 82.0ft]y 19mm Copper --� � ---� � - Water Service J \, 250mm C- PID 55123509 Storm Outfall �• s� \ - �- ��� -�- -i - \ ��� v = 600mm DI Water Main � J _ J PID 00313726 \///\/ r f �� U \ ��v✓1�/ �\ \O / \~ '� \ �� L `�� �_ �\ \i O � � � l6s /Tj /� Alam\� \�a , \ z f� \ a S o \ FL [LOCKER SIZE 1st FIr SQ. FT. 5 x 5 43 1,075 % 5% PROPOSED MIX INTERIOR 2nd FIr SQ. FT. % 3rd FIr 56 1,400 5% 56 SO. FT. 1,400 % TOTAL SQ. FT. 5% 155 3,875 5% 5 x 10 138 6,900 31 % 164 8,200 30% 163 8,150 29% 465 23,250 30% 7x10 3 210 1% 3 210 1% 3 210 1% 9 630 1% 10 x 8 0 0 0% 2 160 1% 2 160 0% 4 320 0% 10 x 10 109 10,900 48 % 119 11,900 43 % 120 12,000 43 % 348 34,800 45 % 10 x 15 23 3,450 15% 39 5,850 21 % 39 5,850 21 % 101 15,150 19% ETOTAL] 316 22,535 100% 383 27,720 �00 383 27,770 100% 1,082 78,025 100% - PRELI M I NARY SITE PLAN SCALE: 1 II = 601 - 011 SITE DATA z Q O U LLI Q w Q w O U W Q N 0 O �I -E- KCT-S: w 01 crn o Cr Q z � (n = z I w N o N I I I I I I I 0 o z N .0 PROFESSIONAL SEAL: P� C3 \Z O���7O� ARCHITECT LOCO: AMERCO° REAL ESTATE COMPANY CONSTRUCTION DEPARTMENT 2727 NORTH CENTRAL AVENUE PHOENIX, ARIZONA 85004 P: (602) 263-6502 SITE ADDRESS: U-HAUL OF SAINT JOHN EAST 665&669 LOCK LOMOND RD SAINT JOHN, NB E2J1Y9 SHEET CONTENTS: PROPOSED SITE PLAN 843054 DRAWN: AS spi CHECKED: - DATE: - 06/18/24 843054 AID 201 SHEET NOTES: PROPOSED MIX LOCKER INTERIOR 4M SIZE 1st FIr SQ. FT. % 2nd FIr SQ. FT. % 3rd FIr SQ. FT. % TOTAL SQ. FT. % � MECH MECH MECH 5 x 5 43 1,075 5% 56 1,400 5% 56 1,400 5% 155 3,875 5% 5 x 10 138 6,900 31 % 164 8,200 30% 163 8,150 29% 465 23,250 30% I 7x10 3 210 1% 3 210 1% 3 210 1% 9 630 1% I 10 x 8 0 0 0% 2 160 1% 2 160 0% 4 320 0% I I 10x10 109 10,900 48% 119 11,900 43% 120 12,000 43% 348 34,800 45% 10 x 15 23 3,450 15% 39 5,850 21 % 39 5,850 21 % 101 15,150 19% TOTAL 316 22,535 100% F383 27,720 100% 383 27,770 100% 1,082 78,025 100% MECHL MECH MECH _L L—t 11 1 L—t 1__­__T_ — — — — — — — — — __1 — — — — — I REVISIONS: T __T­_ — MOP/ ---------- COMM _ RM 7. THIRD FLOOR w = �Q o� ^I V) �z = z N w o� 0 o N n ­t LO Qc) r` 00 z /r Co°MM PROFESSIONAL SEAL: .RR RM CD SECOND FLOOR 7. 298'-0" ARCHITECT LOGO: ----------------------- --- -------------- 000' REAL ESTATE COMPANY a fl q ag �e,,egn olimneo OFFICE CONSTRUCTION DEPARTMENT O = = 2727 NORTH CENTRAL AVENUE BREAK = _ _ _ _ _ _ _ _ = PHOENIX, ARIZONA 85004 ROOM r SHOWROOM L DA 2,483± NETS. F. (2,970±GROSS S.F.) D&R AREA _ O: ppp ` -E ADDRESS: 1,460± S.F. z U-HAUL OF SAINT JOHN EAST IL F I JL— — — < 665&669 LOCK LOMOND RD REFUSE RE -USE �r MOP/ _ RISER O SAINT JOHN NB E2J1Y9 Comm AREA �R RMROOM W SHEET CONTENTS: L FIRST FLOOR u� PROPOSED w FLOOR PLAN Q BUILDING 'A' w 843054 W DRAWN: AS Q CHECKED: -Al, 1 CD DATE: 06/18/24 PRELIMINARY FLOOR PLAN SCALE: 1 = 20' - 0" N � 1 843054 A113 202 / I rAM C-T MrrMl IIT / I ACC 1AIAI I KAnl IN-T I InIIT .. .. 99' n".,I ()' G" 1A--AI III - III n- ne -- A UV V I\ VIJV I\ VY I IV UV VY NORTHEAST ELEVATION INSULATED METAL WALL MOUNTED LIGHT CLEAR STOREFRONT GLASS 39'-4"± PANELS FIXTURE (BOT. @ IN BLACK ANODIZED TOP OF 8'0" A.F.F.), TYP. ALUMINUM FRAME, TYP. PARAPET -- 38'4"± 34'2 ----- ------------------------------ - - TOP OF ROOF - -- - HIGH SIDE TOP OF ROOF LOW SIDE ll� - 3rd 2ELOOR F. F. E. E[I[IEE []EEL] 12'-6" 2 n d FLOOR METAL STAIR SYSTEM METAL STAIR SYSTEM 3'0"x7'0" H.M. DOORS SOUTHEAST ELEVATION 39'4"± INSULATED METAL STANDING SEAM PANELS METAL ROOF WALL MOUNTED LIGHT FIXTURE (BOT. @ 8'0" A.F.F.), TYP. 0 WALL MOUNTED LIGHT INSULATED METAL CLEAR STOREFRONT GLASS FIXTURE (BOT. @ PANELS IN BLACK ANODIZED 39'-4"± 8'0" A.F.F.), TYP. ALUMINUM FRAME, TYP. TOP OF \' r PARAPET 38'4"± TOP OF ROOF ------------- ----_ __ HIGH SIDE — — — — --------- 34'2" TOP OF ROOF LOW SIDE i 23' 2" Y 3rd FLOOR F.F.E. 1 2'-6" dii; 2nd FLOOR F.F.E. � 0'-0" 1 st FLOOR F.F.E. m 3'0"x7'0" H.M. DOORS METAL STAIR SYSTEM NORTHWEST ELEVATION TOP OF PARAPET 3rd FLOOR -fin -- --------------- ---------- 2nd FLOOR F.F.E. o'—o" 1 st FLOOR F.F.E. METAL STAIR SYSTEM SOUTHWEST ELEVATION PRELIMINARY EXTERIOR ELEVATIONS I METAL STAIR SYSTEM 19 3'-0"x7'-0" H.M. DOORS METAL STAIR SYSTEM 34'2" TOP OF ROOF LOW SIDE 7m METAL STAIR SYSTEM SCALE: 1 /16'' = 1' - 0" IN SHEET NOTES: REVISIONS: z 0 Q w w Q m v� w ol w CDQ z � = z I I I I I I I z w N Q o N � I I I I I I I 0 0 z PROFESSIONAL SEAL: O cj <�O ARCHITECT LOGO: AMERCO. REAL ESTATE COMPANY CONSTRUCTION DEPARTMENT 2727 NORTH CENTRAL AVENUE PHOENIX, ARIZONA 85004 P: (602) 263-6502 'TE ADDRESS: U-HAUL OF SAINT JOHN EAST 665&669 LOCK LOMOND RD SAINT JOHN, NB E2J1Y9 SHEET CONTENTS: PROPOSED EXTERIOR ELEVATIONS BUILDING 'A' 843054 DRAWN: AS A1,2 CHECKED: - DATE: 06/18/24 843054 A1B 203 1 1 7' 4" PRELIMINARY FLOOR PLAN SCALE: 1'' = 10' - 0" w Q un w Q w N 0 N IN u SHEET NOTES: REVISIONS: 0 z cn I I I I I I I I z Q 0 I I I I I I I I o z N o o 10 r- c0 PROFESSIONAL SEAL: cj ARCHITECT LOGO: AMERCO. REAL ESTATE COMPANY CONSTRUCTION DEPARTMENT 2727 NORTH CENTRAL AVENUE PHOENIX, ARIZONA 85004 P: (602) 263-6502 -E ADDRESS: U-HAUL OF SAINT JOHN EAST 665&669 LOCK LOMOND RD SAINT JOHN, NB E2J1Y9 SHEET CONTENTS: PROPOSED FLOOR PLAN BUILDING 'B' 843054 DRAWN: AS A2,1 CHECKED: DATE: 06/18/24 843054 A1B 204 45'0"± TOP OF ROOF HIGH SIDE ■ 0' 01, FINISH FLOOR - - - 12'0 METAL 12'-0"x10'-6" HANDRAIL O/H DOOR 46' 0"± TOP OF PARAPET o'o" FINISH I PRELIMINARY EXTERIOR ELEVATIONS 3'-0"x7'-0" 3'-0"x7'-0" H.M. DOOR H.M. DOOR W/ WINDOW NORTH ELEVATION EAST ELEVATION 46'0"± TOP OF PARAPET 42'6" TOP OF ROOF LOW SIDE (MIN) 10'-0"± TOP OF PARAPET 8'-6" TOP OF ROOF LOW SIDE (MIN) 45'0"± TOP OF ROOF HIGH SIDE L I.lvi. L/�-/\-/I\ v/ I I UVL/I\ SOUTH ELEVATION WEST ELEVATION 46'0" TOP OF PARAPET 42'6" TOP OF ROOF LOW SIDE (MIN) o'—o" FINISH FLOOR SCALE: 1 /16'' = 1' - 0" IN SHEET NOTES: REVISIONS: V) z 0 Q w w 0 o z Q 02 = z I I I I I I I z w t- N Q o N � I I I I I I I 0 0 o z N n Q0 r- 00 PROFESSIONAL SEAL: ARCHITECT LOGO: AMERCO. REAL ESTATE COMPANY CONSTRUCTION DEPARTMENT 2727 NORTH CENTRAL AVENUE PHOENIX, ARIZONA 85004 P: (602) 263-6502 'TE ADDRESS: U-HAUL OF SAINT JOHN EAST 665&669 LOCK LOMOND RD SAINT JOHN, NB E2J1Y9 SHEET CONTENTS: PROPOSED EXTERIOR ELEVATIONS BUILDING 'B' 843054 DRAWN: AS A2,2 CHECKED: - DATE: 06/18/24 843054 A1B 205 Small City, Big Heart. 665-669 Loch Lomond Road And 0 Commerce Drive Common Council - Public Hearing Presentation October 1, 2024 SUBJECT SITE SITE LOCATION i �°° wuj !. � .. � -*l, . Jae �'=�•'� �. . a . +y'+ U0 Commerce Drive 011p.Rp A. 669 �YLEE Sr .. �.; 665:'r` w ,ti #S��•4 are �.: � .ry. w, �l'� 208 MUNICIPAL PLAN ive Basketball / Terrain de etball de la made Mark Silver Falls oe �a 1 0 100 en 209 ZONING ails Park \� C o; give Basket6aJl t / Terrain de $;Iver Falls AD ketball de la o ienade Mark a P��� E. Iti Commerce Drive b F, 9 dMord Road �h4 e C till oa6 oral chem�� Locr�o� FU 210 Recission of Section 59 conditions imposed on: • 669 Loch Lomond Road on April 9, 2002. • 0 Commerce Drive on May 1, 2000. Both properties have existing conditions specific to unrelated previous and proposed uses. Letters were sent to landowners within 100 metres of the subject property on September 31 2024. No written responses were received. Public Notice was posted on September 9, 2024. • Rezone the subject site from Business Park Commercial (CBP) to Corridor Commercial (CC). • Remove the existing Section 59 Conditions on 0 Commerce Drive and 669 Loch Lomond Road. Small City, 665-669 Loch Lomond Road Big Heart. And 0 Commerce Drive DocuSign Envelope ID: 607B7188-2872-41EB-B87F-9C8ADDFD10E6 Devulo Ht Shop r� PLANNING BUILDING INFRASTRUCTURE SAINT JOHN Non -Conforming Use Satisfactory Servicing Section 39 Amendment Zoning By-law Amendment Application Checklist & Submission Package This document and all attachments are provided as assistance to persons seeking certain approvals and permits as required by various by-laws of the City of Saint John and other acts and regulations. Should there be a discrepancy between this document, and all attachments, and the associated by-law, act or regulations, the associated by-law, act or regulation shall prevail. Updated 12-30-2020 215 DocuSign Envelope ID: 607B7188-2872-41EB-B87F-9C8ADDFD10E6 Growth & Community Services Phone: (506) 658-2911 www.saintjohn.ca Email submissions to: onestop@saintjohn.ca Council Application Checklist required for a complete application for: ➢ Non -Conforming Use ➢ Satisfactory Servicing ➢ Section 39 Amendment ➢ Zoning By-law Amendment Applicant must submit all that are applicable: Completed Application Form signed by the registered lot owner or authorized agent. Fee in accordance with Schedule B of the Zoning By-law. Details of any proposed development, which may include: o Site Plan drawn to scale illustrating the following: ■ Location of lot lines and lot dimensions; - Location and setbacks of buildings and structures; ■ Location and dimensions of easements and rights -of -way; ■ Location and nature of site improvements, including driveway accesses, parking (including barrier free and bicycle), loading, drive-thru facilities, landscaping and amenity spaces, and signs; ■ Topographic features, including watercourses, bodies of water, wetlands, grade changes, and drainage; and N Preliminary Building Plans drawn to scale, which may include floor plans. Other information may also be required to complete the application. It is therefore strongly recommended that the applicant consult with City staff prior to submission. Develn rent Sha N! ;NN I.c.' Ht lLDIN6 [1M 141RUC R10,' MINI KIK.14 216 Bevel Shop*pirent PLANNING BUILDING INFRASTRLJC.TURE SAAVT JO'rIlV onestop@saintjohn.ca Phone:658-2911 Fax:632-6199 General Application Form GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS : Commerce Drive and Loch Lomond Road Intersection PI D # : 00313155, 55102917, & 55102925 LU HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N D LL APPLICATION #: DATE RECEIVED: a Ln RECEIVED BY: APPLICANT EMAI L PHONE Amerco Real Estate Company stephany_sheekey@uhaul.com (863)412-9217 z ° MAILING ADDRESS POSTAL CODE Q 2727 N Central Ave 5N Phoenix, AZ 85004 CONTRACTOR EMAIL PHONE 0 ° Cogswell Engineering (Brett Kiley) brett@cogswellengineering.ca (902)449-8141 z — H MAILING ADDRESS POSTAL CODE Q 44 Orion Court #1 A, Dartmouth, NS B2Y 4W6 U J OWNER EMAIL PHONE Q 669155 NB INC. andrew@backoffice724.com MAILING ADDRESS POSTAL CODE 38 Squire Drive Quispamsis, NB E2G 1 C1 PRESENT USE: undeveloped PROPOSED USE: self -storage, U-Haul truck & trailer share, & related retail sales J BUILDING PLANNING INFRASTRUCTURE HERITAGE Q�INTERIORRENOVATION �NEWCONSTRUCTION VARIANCE 0 STREET EXCAVATION Z HERITAGE DEVELOPMENT < Q �EXTERIORRENOVATION -]ACCESSORY � �PLANNINGLETTER �DRIVEWAYCULVERT HERITAGE SIGN ADDITION POOL E]PACAPPLICATION DRAINAGE �HERITAGEINFILL J Q DECK DEMOLITION �COUNCILAPP WATER & SEWERAGE �HERITAGEDEMO Y �CHANGE OFUSE SIGN SUBDIVISION OTHER OTHER v DMINIMUM STANDARDS OTHER OTHER U_ We are submitting to rezone the property from CBP to CC to allow for our uses. O z O Y O a � z U N W ✓❑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 This information is being collected in order for the City of Saint John to deliver an existing program / service; the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, the City of Saint John will not share your personal information with any third party without your express consent. The legal authorityfor 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 regarding the collection ofpersonal information, please contact the Access & Privacy Officer: City Hall Building 15 Market Square Saint John, NB E2L IE8 commonclerkCa)saintiohn.ca (506) 658-2862 The city of swim Cahn I, the undersigned, hereby apply for the permit(s) or approval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. Stephany Sheekey Applicant Name d RIJ11— Applicant Signature 06/13/24 Date 217 DocuSign Envelope ID: 607B7188-2872-41EB-B87F-9C8ADDFD10E6 ,� Council Application Development, Shou le GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS commerce Drive and Loch Lomond Road Intersection APPLICATION # FEE PAID Y N TYPE OF APPLICATION ❑ Land for Public Purposes ❑ Non -Conforming Use Release Service Fee: $200 Service Fee: $300 ❑� Section 59 Amendment ❑� Zoning By-law Amendment Service Fee: $2,650 Service Fee: $2,650 Satisfactory Servicing Service Fee: $200 Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. Please see attached for detailed narrative. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. Please see attached for survey. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. DocuSigned by: DocuSigned by: 1 . _1 F ey9d'60 bier or Authorized Agent dtt1bWM 4fPs#ered Owner 6/13/2024 6/13/2024 Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. r Rezoning and Section 59 Amendment RE: 665 Loch Lomond Road (PID 55102917), 669 Loch Lomond Road (PID 55102925), and PID 00313155 Public Notice is hereby given that the Common Council of The City of Saint John intends to amend Zoning By-law at its regular meeting to be held in the Council Chambers on Tuesday, October 1st, 2024, at 6:30 p.m., by: 1. Rezoning a parcel of land having an approximate area of 4.7 hectares, located at 665-669 Loch Lomond Road, also identified as PID 003113155, 55102917 & 55102925, from Business Park Commercial (CBP) to Corridor Commercial (CC), as illustrated below. 2. Amending the existing Section 59 conditions on the property of 665 Loch Lomond Road (PID 55102917), 669 Loch Lomond Road (PID 55102925), and PID 00313155, to permit the proposed uses. F Q°3 c Q`d d Ad. cam. 2� REASON FOR CHANGE: To construct a self -storage facility and associated services. For details on how to inspect the amendment, or to register to participate, please contact the Office of the City Clerk at CityClerk(c�saintlohn.ca. Written objections to the amendment may be provided in writing and/or verbally at the Public Hearing to be held by Common Council. If you require French services for a Common Council meeting, please contact the office of the City Clerk. Jonathan Taylor, City Clerk (506) 658-2862 219 Rezonage et amendement de I'article 59 Objet : 665 chemin Loch Lomond (NID 55102917), 669 chemin Loch Lomond (PID 55102925), et NID 00313155 Par les presentes, un avis public est donne par lequel le conseil communal de La Ville de Saint John indique son intention de modifier I'Arrete de zonage, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le mardi 1 octobre 2024 a 18 h 30, en apportant Ies modifications suivantes : 1. Rezonage d'une parcelle de terrain d'une superficie d'environ 4.7 hectares, 665 chemin Loch Lomond (NID 55102917), 669 chemin Loch Lomond (PID 55102925) et NID 00313155, de la zone commerciale — pares d'affaires (CBP) a zone commerciale de corridor (CC), tel qu'illustre ci- dessous. 2. Modification des conditions existantes de I'article 59 sur la propriete du 665 chemin Loch Lomond (NID 55102917), 669 chemin Loch Lomond (PID 55102925) et NID 00313155, pour permettre Ies utilisations proposees. F Q O P �'b 0 �a Ch Lach 1 OP' t and ad. �r c R` RAISON DE LA MODIFICATION: Construire un entrepot libre-service et des services associes. Pour plus d'informations concernant la lecture de I'amendement, ou pour s'enregistrer a I'audience publique, veuillez contacter le Bureau du greffier de la Ville a I'adresse CityClerk(a),saintlohn.ca. Les objections a I'amendement peuvent etre ecrites ou presentees oralement a I'audience publique tenue par le conseil commun. Si vous souhaitez obtenir des services en frangais, veuillez contacter le bureau du greffier de la municipalite. Jonathan Taylor, greffier de la municipalite (506) 658-2862 220 BY-LAW NUMBER C.P. 111-X A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE NO C.P. 111-X ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. L'arrete sur le zonage de The City of Saint 2014, is amended by: John, decrete le quinze (15) decembre 2014, est modifie par : Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 4.7 hectares, located at 665 Loch Lomond Road, also identified as PID 55102917, 669 Loch Lomond Road, also identified as PID 55102925, and 0 Commerce Drive, also identified as PID 00313155 from Business Park Commercial (CBP) to Corridor Commercial (CC). all as shown on the plan attached hereto and forming part of this by-law. La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 4.7 hectares, situe au 665 chemin Loch Lomond, egalement identifie comme NID 55102917, 669 chemin Loch Lomond, egalement identifie comme NID 55102925, et 0 promenade Commerce, egalement identifie comme NID 00313155, du zone commerciale — Pares d'affaires (CBP) a la zone commerciale de corridor (CC). toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. 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 14th day present arrete le 16 septembre 2024, avec of October, A.D. 2024 and signed by: les signatures suivantes: Mayor/Maire City Clerk/Greffier de la Ville First Reading — October 1, 2024 Premiere lecture — 1 octobre 2024 Second Reading — October 1, 2024 Deuxieme lecture — 1 octobre 2024 Third Reading — October 14, 2024 Troisieme lecture — 14 octobre 2024 221 222 Staff Recommendation for Council Resolution Property: 0 Nason Road/Martha Avenue Public Hearing, 1" and 2nd Reading: October 1, 2024 Item Required: Recommendation (Y/N) Municipal Plan Yes That Common Council give 1st and 2nd reading to an Amendment Amendment to the Municipal Plan to: 1. Amend Schedule A of the Municipal Plan by changing the designation for the parcel of land having an area of approximately 6.78 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227, from Park and Natural Area to Stable Area; 2. Amend Schedule B of the Municipal Plan by changing the designation for the parcel of land having an area approximately 6.78 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227, from Park and Natural Area to Stable Residential. Zoning By -Law Yes That Common Council give 1st and 2nd reading to an Amendment Amendment to the Zoning By-law which rezones a parcel of land having an area of approximately 6.78 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227 from Future Development (FD) to High -Rise Residential (RH). Other No 3rd Reading: Tentatively scheduled for October 15, 2024 Item: Required: (Y/N) Recommendation Municipal Plan Yes That Common Council give 3rd reading to an Amendment to Amendment the Municipal Plan to: 1. Amend Schedule A of the Municipal Plan by changing the designation for the parcel of land having an area of approximately 6.78 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227, from Park and Natural Area to Stable Area; 223 2. Amend Schedule B of the Municipal Plan by changing the designation for the parcel of land having an area of approximately 6.78 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227, from Park and Natural Area to Stable Residential. Zoning By -Law Yes That Common Council give 3" reading to an Amendment to Amendment the Zoning By-law which rezones a parcel of land having an area of approximately 6.78 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227 from Future Development (FD) to High -Rise Residential (RH). Recission of No Previous s. 39/s. 59 Conditions Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 6.78 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID SS086227: a. That the proposed development incorporate walkways connecting the multi -unit buildings with the public sidewalk located on Martha Avenue. b. That the owner/developer's traffic consultant explore and recommend road safety improvements to be undertaken by the developer at the developer's expense. These improvements are subject to approval by the City. This review and identification of these improvements must be completed prior to the issuance of the building permit for the first building. Installation of these improvements by the developer must be completed prior to occupancy of the first building. These road safety improvements would include: i. traffic calming elements on Martha Avenue that encourages greater diversion of traffic to other neighbourhood streets such as Bonita Avenue and Micheal Crescent. ii. pedestrian crosswalks on Martha Avenue c. That the developer provide a payment of $1000 to the City towards the installation of upgrades at the 224 Mark Drive/Martha Avenue crosswalk. This amount is payable to the City prior to the issuance of the building permit for the first building. Section 59 No Agreement Section 131 No Agreement Other Yes 225 PLANNING ADVISORY COMMITTEE September 18, 2024 The City of Saint )obn Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Municipal Plan Amendment and Rezoning — 0 Nason Road/Martha Avenue On August 19, 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 September 17, 2024 meeting. Yeva Mattson, Planner with Growth and Community Services, appeared before the Committee and provided an overview of the proposed amendment. John Harrison, one of the proponents, appeared to speak in favour of the application and agreed with staff recommendation. When asked by the committee, they said they had went door-to-door and seen the playground area in the community. Mitch Jackson, a neighbour at 558 Martha Ave, spoke in opposition of the project. He voiced concerns over the noise, construction timeline, traffic, and questioned whether an access onto Loch Lomond Road was an option. Staff answered committee questions clarifying the Traffic Impact Statement results and explained that a access onto Loch Lomond Road would not be able to meet safety standards due to slope. No other members of the public appeared to speak in favour or opposition and no letters were received regarding the application. RECOMMENDATION: 1. That Common Council amend Schedule A of the Municipal Plan by changing the designation for the parcel of land having an area of 6.78 Page 1 of 3 226 742673 NB Inc. 0 Nason Road/Martha Avenue September 17, 2024 hectares, located at 0 Nason Road/Martha Avenue also identified as PID 55086227, from Park and Natural Area to Stable Area. 2. That Common Council amend Schedule B of the Municipal Plan by changing the designation for the parcel of land having an approximate area of 6.78 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227, from Park and Natural Area to Stable Residential. 3. That Common Council rezone a parcel of land having an approximate area of 6.78 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227, from Future Development (FD) to High - Rise Residential (RH). 4. 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 6.78 Hectares square metres, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227: a. That the proposed development incorporates walkways connecting the multi -unit buildings with the public sidewalk located on Martha Avenue. b. That the owner/developer's traffic consultant explore and recommend road safety improvements to be undertaken by the developer at the developer's expense. These improvements are subject to approval by the City. This review and identification of these improvements must be completed prior to the issuance of the building permit for the first building. Installation of these improvements by the developer must be completed prior to occupancy of the first building. These road safety improvements would include: i. traffic calming elements on Martha Avenue that encourages greater diversion of traffic to other neighbourhood streets such as Bonita Avenue and Micheal Crescent. ii. pedestrian crosswalks on Martha Avenue c. That the developer provide a payment of $1000 to the City towards the installation of upgrades at the Mark Drive / Martha Avenue crosswalk. This amount is payable to the City prior to the issuance of the building permit for the first building. Page 2 of 3 227 742673 NB Inc. 0 Nason Road/Martha Avenue September 17, 2024 Respectfully submitted, Brad Mitchell Chair Attachments Page 3 of 3 228 The City of Saint John Date: September 12, 2024 To: Planning Advisory Committee From: Growth & Community Services Meeting: September 17, 2024 SUBJECT Applicant: 742673 NB Inc. Landowner: 742673 NB Inc. Location: 0 Nason Road/Martha Avenue PID: 55086227 Plan Designation: Park and Natural Area Proposed Designation: Stable Residential Existing Zoning: Future Development (FD) Proposed Zoning: High -Rise Residential (RH) Application Type: Municipal Plan Amendment and Rezoning Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Plan and the Zoning By - Law. Common Council will consider the Committee's recommendation at a public hearing on Tuesday, October 1, 2024. EXECUTIVE SUMMARY The applicant is proposing the construction of two, 70-unit buildings. To facilitate this proposal, an application has been received to amend the City's Municipal Plan and Zoning By -Law. The Municipal Plan amendments will: • Redesignate the property from Park and Natural Area to Stable Area on the City Structure Map. Page 1 of 6 229 742673 NB Inc. 0 Nason Road/Martha Avenue September 12, 2024 • Redesignate the property from Park and Natural Area to Stable Residential on the Future Land Use Map. The amendment to the Zoning By -Law would rezone the property from Future Development (FD) to High -Rise Residential (RH). Staff are recommending approval of the proposed municipal plan amendment and rezoning to allow for the development of two multi -unit buildings. RECOMMENDATION That Common Council amend Schedule A of the Municipal Plan by changing the designation for the parcel of land having an area of 6.78 hectares, located at 0 Nason Road/Martha Avenue also identified as PID 55086227, from Park and Natural Area to Stable Area. 2. That Common Council amend Schedule B of the Municipal Plan by changing the designation for the parcel of land having an approximate area of 6.78 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227, from Park and Natural Area to Stable Residential. 3. That Common Council rezone a parcel of land having an approximate area of 6.78 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227, from Future Development (FD) to High -Rise Residential (RH). 4. 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 6.78 Hectares square metres, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227: a. That the proposed development incorporates walkways connecting the multi -unit buildings with the public sidewalk located on Martha Avenue. b. That the owner/developer's traffic consultant explore and recommend road safety improvements to be undertaken by the developer at the developer's expense. These improvements are subject to approval by the City. This review and identification of these improvements must be completed prior to the issuance of the building permit for the first building. Installation of these improvements by the developer must be completed prior to occupancy of the first building. These road safety improvements would include: i. traffic calming elements on Martha Avenue that encourages greater diversion of traffic to other neighbourhood streets such as Bonita Avenue and Micheal Crescent. ii. pedestrian crosswalks on Martha Avenue Page 2 of 6 230 742673 NB Inc. 0 Nason Road/Martha Avenue September 12, 2024 c. That the developer provide a payment of $1000 to the City towards the installation of upgrades at the Mark Drive / Martha Avenue crosswalk. This amount is payable to the City prior to the issuance of the building permit for the first building. DECISION AND PROPERTY HISTORY The site was previously zoned "RM-1" Three Storey Multiple Residential in conformity with the surrounding area. When Plan SJ was adopted in 2012, the site was designated Future Development (FD). ANALYSIS Proposal The proposed municipal plan amendment and rezoning would enable the development of two 70-unit buildings on the north-eastern portion of the property, to be accessed off Martha Avenue. Due to topographic challenges and the presence of wetlands, site development is limited to the development area proposed. Site and Neighbourhood The subject site is located on Nason Road and at the end of Martha Avenue, in the Silver Falls Park Subdivision on the east side of the City. This community includes a playground and a basketball court. Lands adjacent to the proposed development contain apartment buildings zoned Mid -Rise Residential (RM). Further north, the neighbourhood transitions into single family and two -unit dwellings zoned Two -Unit Residential (R2). The wider area contains a mixture of zones including Neighbourhood Community Facility (CFN), Business Park Commercial (CBP), and General Commercial (CG). The area located on the south side of Loch Lomond Road is zoned Heavy Industrial (IH). The subject site is accessible by a variety of transportation options. The area is served by Saint John Transit Route 30 with transit stops directly on the corner of Martha Avenue and Nason Road. This route provides connections to New Brunswick Community College and the McAllister shopping area. Pedestrian movement is facilitated by sidewalks on the east side of Martha Avenue. Municipal Plan Amendment The existing property is located within the Park and Natural Area designation. The applicant is proposing that the Municipal Plan be amended to change the designation to Stable Residential. The vacant land to the west of the subject site and the land containing St. Joseph's Cemetery are designated Park and Natural Area. The Silver Falls Park neighbourhood is designated as Stable Residential. The broader area includes the Regional Retail Centre designation to the east, and lands south of Loch Lomond Road designated as Heavy Industrial. Page 3 of 6 231 742673 NB Inc. 0 Nason Road/Martha Avenue September 12, 2024 The Stable Residential is a Land Use Designation in Plan SJ that includes a number of existing neighbourhoods in the City which are generally built -out but have the potential to accommodate additional development, at a scale and density consistent with the surrounding context. The existing neighbourhood is diverse, with a wide variety of housing typologies ranging from single family dwellings to apartment buildings. The proposed Municipal Plan amendment seeks to extend the Stable Residential Area to encompass the subject site. The proposed amendments to Plan SJ would support the southern expansion of an existing residential neighbourhood, allowing for the development of a serviced lot. The site was likely designated as Park and Natura Area during the Municipal Plan due to wetland mapping available at the time PlanSJ was prepared. The applicant retained the Boreal Environmental company to complete a delineation report on the present wetland. The report confirms the proposed development avoids the delineated wetland in the northwestern portion of the site adjacent to Michael Crescent and Nason Road. From the analysis of the proposed development under the Stable Residential designation, the proposed development conforms to the policies established within the Municipal Plan, which supports the diversification of housing typologies within established neighbourhoods. Statements of Public Interest The Province of New Brunswick adopted Statements of Public Interest which are general standards that direct and shape growth and development within the province. Staff undertook a review of the proposal regarding its alignment with these Statements, which can be found in the attached review document. The proposed development aligns with the intent of these policy statements. Zoning The High -Rise Residential (RH) Zone accommodates a range of residential uses ranging from a single -detached dwelling to multiple multi -unit buildings. The existing development pattern represents an incremental increase in density and scale, with the placement of the RH zone continuing this development pattern. The proposed development aligns with the regulations established for the RH zone within the City's Zoning By -Law including parking, amenity space and landscaping. A Development Officer Variance is required to increase the maximum front yard setback. Infrastructure and Traffic The City's Infrastructure Development and Fire and Emergency Management Service Areas also reviewed the proposal, and no major concerns were raised. Traffic provided comments based on the applicants Traffic Impact Study: The Transportation Association of Canada (TAC) provides a general guideline that a residential street can accommodate 1000 vehicles per day. As a result of this development, approximately 350 to 450 vehicles per day above this threshold is Page 4 of 6 232 742673 NB Inc. 0 Nason Road/Martha Avenue September 12, 2024 predicted in the Silver Falls neighbourhood. The City's Transportation Engineer suggests this projected increase is reasonable with existing and proposed transportation infrastructure. In cases such as this, it is justified to explore improving the safety aspects as well as volume reduction strategies to compensate for such reasonable increases above the threshold. • It is important to acknowledge that both Martha Avenue and Nason Road have continuous sidewalks on one side of the street with streetlights which offset some of the expected increase in traffic volumes. Although City staff did not conduct a speed survey on Martha Avenue, a recent speed survey was conducted on Bonita Street where the average speed of vehicles was found to be 45 KM/H. Although results from one street cannot be necessary assumed to be similar to another, average speeds on Bonita Avenue are below the 50 KM/H speed limit and below the threshold warranting traffic calming according to the City's policy. With this limited data in mind, there is no current evidence of excessive speeding in the Silver Falls neighbourhood. With that in mind, road safety improvements are still recommended. The Service Areas are in general support of the proposal with some conditions: That the owner/developer's traffic consultant explore and recommend road safety improvements to be undertaken by the developer at the developer's expense. These improvements are subject to approval by the City. Thie review and identification of these improvements must be completed prior to the issuance of the building permit for the first building. Installation of these improvements by the developer must be completed prior to occupancy of the first building. These road safety improvements would include: o traffic calming elements on Martha Avenue that encourages greater diversion of traffic to other neighbourhood streets such as Bonita Avenue and Micheal Crescent. o pedestrian crosswalks on Martha Avenue The installation of a crosswalk crossing Mark Drive at Martha Avenue should be included as part of the development approval process with the developer contributing $1000 towards crosswalk installation. Pedestrian connectivity to the east side retail area from this neighbourhood is important, even more -so with this new development. • An extension of fire hydrant service will be required as per the National Building Code of Canada 2015. The placement of the new hydrant(s) and the location of each building's Fire Department Connections (FDC) be such that the distance between the new hydrant and the FDC location be within 45 metres of the hydrant (measured as a charged hose line bends around obstructions and corners)". Section 59 Conditions Page 5 of 6 233 742673 NB Inc. 0 Nason Road/Martha Avenue September 12, 2024 Community Planning staff are recommending a few Section 59 conditions for this project. The first condition relates to connectivity with the wider pedestrian network. Pedestrian connectivity to the east side retail area from this neighbourhood is important and this condition will provide general guidance on connecting the development to the sidewalks in the area. The additional Section 59 condition are associated with the service area comments. For support of the project, some requirements regarding wider traffic improvements are required. These conditions will help ensure the functionality of the site and help it better conform to the neighbourhood. Conclusion The proposed municipal plan amendment and rezoning of the subject site is supported by the Municipal Plan and represents an expansion of an established mixed density neighbourhood. Approval of the application is recommended subject to Section 59 Conditions. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on September 3, 2024. The public hearing notice will be posted on the City of Saint John website on September 9, 2024. APPROVALS AND CONTACT Manager Director Commissioner Jennifer Kirchner, MCIP, RPP Pankaj Nalavde, RPP, MCIP Amy Poffenroth, P.Eng., MBA Contact: Yeva Mattson Telephone: (506) 721-8453 Email: yeva.mattson@saintjohn.ca Application: 23-0129 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Submission 1: Site Plan Page 6 of 6 234 Aerial Photograph - 0 Nason Road/Martha Avenue 9/9/2024 1:4, 514 0 0.03 0.06 0.11 mi Property Parcels 0 0.04 0.09 0.17 km 0 Subject Site Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 235 GIS Viewer (C) City of Saint John 0 Nason Road/Martha Avenue (PID 55086227) ey � a u E U �O r N N P m Cindy Lee St Loch Lomond R m g v NASON ROAD Q PLAYGROUND c QC 103 champ a e�cres a a oc 0 v 0 s � v G O O v � 7 Q �o Rose dale cre 0; nd Ra o <. m° o 8/27/2024 1:9,028 0 0.05 0.1 0.2 mi Subject Site 0 0.07 0.15 0.3 km Property Parcels Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community 236 GIS Viewer (C) City of Saint John Future Land Use - 0 Nason Road/Martha Avenue (PID 55086227) ey � a u E C �O r N N P m Cindy Lee st Loch Lomond R m g v NASON ROAD Q PLAYGROUND c Q< 10311 champ�a�r e�cres a a oc 0 v r7 S o V d, 7 Q �O ROSe dale cre a,. nd Rd s��o !. Mo 0 8/27/2024 Future Land Use 1:9,028 0 0.05 0.1 0.2 mi Subject Site Regional Retail Centre Heavy Industrial 0 0.07 0.15 0.3 km Stable Commercial Park and Natural Area Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap Property Parcels contributors, and the GIS User Community Urban Reserve 237 Stable Residential GIS Viewer (C) City of Saint John Zoning - 0 Nason Road/Martha Avenue (PID 55086227) y d u E o U l0 CR y ,e fa Cindy fee rP�I r Loch Lomond Rd f r�(' St m x.D Ni. g �M RM I) v NASON,ROAD Q PLAYGROUND c rQC ��6 Champ�a� doi R [A C F N oc F o n V S � N C FD 14 d. F L} a �+ AF Fi. 2 ROSe o'a c M iP c,.e o,. s R 2 nd Rd o <. m° o 8/27/2024 ZONING 1:9, 028 Subject Site Mid -Rise Residential (RM) Regional Commercial (CR) 0 0.05 0.1 0.2 mi Property Parcels Two -Unit Residential (R2) General Commercial (CG) 0 0.07 0.15 0.3 km Conditional Zoning One -Unit Residential (R1) Business Park Commercial (CBP) Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIs User Community Future Development (FD) mangy Industrial (IH) GIs Viewer _ Neighbourhood Community Facility (CFN) (C) City of Saint John ATTACHMENT 1: SITE PHOTOGRAPHY Subject Site viewed from entrance on Martha Avenue (Parking to the right belongs to adjacent apartment) Martha Avenue viewed from subject site 239 Subject Site viewed from Nason Road — this area is confirmed wetland and cannot be developed 240 Attachment 2: Municipal Plan and Statements of Public Interest — 0 Nason Road/Martha Avenue Municipal Plan Policy 0 Nason Road/Martha Avenue Assessment Policy LU-86 Within the Stable Residential designation, housing of almost every form and The proposed rezoning facilitates the integration of new housing onto an density may be found and both the existing neighbourhood context and existing site. The rezoning will provide increased density and intensification compatibility with the Municipal Plan goals will determine suitability of new into an existing neighbourhood as identified in the Municipal Plan. proposals. Other compatible uses that may be found in the Stable Residential designation include convenience stores, home occupations, parks, and community facilities which are permitted in the designation without amendment to the Municipal Plan. Policy LU-87 Intend that the areas designated Stable Residential will evolve over time from The neighbourhood is noted for its variety of housing typologies which range a land use and built -form perspective but that new and redeveloped land from single -unit dwellings to apartment buildings. The proposed uses are to reinforce the predominant community character and make a development would be of a similar typology to those found in the existing positive contribution to the neighbourhood. neighbourhood and align with the existing built form. Policy LU-88 Ensure that significant new development and redevelopment in areas designated Stable Residential shall generally be permitted only through a rezoning process where compliance is demonstrated with the following requirements: a. The proposed land use would increase density in an undeveloped portion a. The proposed land use is desirable and contributes positively to the of the neighbourhood adjacent to an existing area of multiple unit neighbourhood; development. b. The proposal is compatible with surrounding land uses; b. The proposed rezoning aligns with the variety of established residential uses in the neighbourhood. c. The development is in a location where all necessary water and wastewater services, parks and recreation services, schools, public c. The property is serviced by existing infrastructure, transit, and is close to transit and other community facilities and protective services can parks and recreation facilities. readily and adequately be provided; d. Site design features that address such matters as safe access, buffering d. The proposed site plan addresses access, grading, and landscaping. A storm and landscaping, site grading and stormwater management are water management plan will be required as part of the building permit phase. incorporated; e. A high quality exterior building design is provided that is consistent e. The development will be of similar design to multi -unit buildings across with the Urban Design Principles in the Municipal Plan. the city. 241 Policy 1-2 In considering amendments to the Zoning Bylaw or the imposition of terms and conditions, in addition to all other criteria set out in the various policies of the Municipal Plan, have regard for the following: a. The proposal is in conformity with the goals, policies and intent of the a. This proposal aligns with residential land use policies as established in the Municipal Plan and the requirements of all City bylaws; City's Municipal Plan and conforms to all relevant zoning standards. b. The proposal is not premature or inappropriate by reason of: b. The proposal is located on an existing lot in an established residential i. Financial inability of the City to absorb costs related to development and neighbourhood. The development will utilize existing infrastructure and will ensure efficient delivery of services, as determined through Policy 1-7 and 1-8; not have a negative impact on service provision. ii. The adequacy of central wastewater or water services and storm drainage measures; iii. Adequacy or proximity of school, recreation, or other community facilities; iv. Adequacy of road networks leading to or adjacent to the development; v. Potential for negative impacts to designated heritage buildings or areas. c. Appropriate controls are placed on any proposed development where c. The permitting process requires detailed site plans be submitted to and necessary to reduce any conflict with adjacent land uses by reason of: reviewed by the Development Officer before any permit approvals to i. Type of use; ensure high quality site design. ii. Height, bulk or appearance and lot coverage of any proposed building; iii. Traffic generation, vehicular, pedestrian, bicycle or transit access to nand from the site; iv. Parking; v. Open storage; vi. Signs; and vii. Any other relevant matter of urban planning. d. While the property has topographical challenges and the presence of d. The proposed site is suitable in terms of steepness of grade, soil and wetlands, due to the size of the site the project can be developed in a suitable geological conditions, locations of watercourses, wetlands, and susceptibility location to avoid the wetland. of flooding as well as any other relevant environmental consideration; Policy UD-9 Ensure all development proposals generally conform to the following General Urban Design Principles: a. That new development respect and reinforce the existing and planned a. The proposed development will have appropriate setbacks, landscaping, context in which it is located through appropriate setbacks, landscaping, and massing for its location. buildings entrances, building massing, architectural style and building materials. Specifically, the built -form of new development shall be designed to achieve the following objectives for specific areas of the City: 242 ii. In the Primary Centre and Neighbourhood Intensification Areas, as identified on the City Structure map (Schedule A), new development will be located and organized to frame and support the surrounding public realm and massed to fit harmoniously into the surrounding environment, including appropriate transitions in height and massing to areas of lower intensity development, as set out in Policy UD-11; b. Locating building entrances facing the public street; c. Designing sites to incorporate existing natural features and topography; d. Designing sites to protect, create and/or enhance important view corridors to the water or landmark sites or buildings; e. Incorporating innovations in built form, aesthetics and building function to encourage high quality contemporary design that will form the next generation of heritage; f. Where appropriate and desirable, encouraging active pedestrian -oriented uses and a high level of transparency at grade to reinforce and help animate the public realm; g. Designing sites, buildings and adjacent public spaces as complete concepts with integrated functions; h. Using quality, durable building materials and a consistent level of design and detail for all elements of the building; i. Designing for visual interest by incorporating well -articulated building facades, landscaping, local history, public art and/or culture into sites and buildings; j. Directing high-rise buildings to appropriate areas and ensuring their design is sensitive to the neighbourhood and/or heritage context; b. Due to setbacks and site layout, the entrances cannot face a public street but will be orientated to face the private access. c. The proposal will retain much of the original vegetation and tree coverage on the lot and be located on the property to work with topographical challenges. d. This development will not obstruct any view corridors. e./h./i. The development will use high quality cladding and contemporary architecture, with articulated facades. A Section 59 Condition will ensure connection to the wider pedestrian network. g. n/a The proposal is appropriate for the neighbourhood as a transition from mid - rise to high-rise. 243 Statements of Public Interest Review for 0 Nason Road/Martha Avenue SPI 0 Nason Road/Martha Avenue Settlement Patterns SPA Promote efficient development and land use patterns that are in the The proposed development is within the City's serviceable boundary (Primary best interests of the Province, local governments and residents of the Development Area (PDA) — as defined in the City's Municipal Plan) and is Province in the long-term. located on a site served by an existing access, transit routes, infrastructure, and City services. The proposed Municipal Plan Amendment and associated development represents an extension of an existing neighbourhood and an appropriate increase from mid -rise to high-rise development. Given these considerations it conforms to the criteria as it is an expansion of an existing land use which makes use of the City's existing infrastructure and services. SP.2 Promote a range of housing options such as size, type, density and This development represents an opportunity to increase housing options in an design throughout communities. existing neighbourhood. SP.3 Support the provision of a range of affordable housing options This policy is not applicableapplicable. throughout communities. SP.4 Avoid development and land use patterns that may cause The proposed development is outside of the regulated wetland and environmental or health and safety issues. watercourse buffer. SP.5 With respect to development that occurs in a community with existing The proposed development is within the City's serviceable boundary (Primary or planned public infrastructure and services, promote development in Development Area (PDA) — as defined in the City's Municipal Plan) and is locations where the public infrastructure and services are or are planned to located on an existing roadway that is serviced by transit routes, be available. infrastructure, and City services. SP.6 With respect to development that occurs in a community with no This policy is not applicable. existing or planned public infrastructure or services, promote development in locations with previously constructed and actively maintained roads. SP.7 Promote a range of transportation options, including public, regional The development is located on an existing roadway (Matha Avenue), which and active transportation. has been developed with sidewalks on the west side of the road. The location is also served by one of the City's transit lines, which connects with key locations across the City. 244 SP.8 Promote the use of green infrastructure, including climate resilient The proposed development locates all buildings outside of the 30-metre lands. regulated wetland and watercourse buffer and makes use of existing infrastructure. The required infrastructure installation for the service connections will conform to all required standards and guidelines. SP.9 Promote development in downtown areas and urban cores through The expansion of the existing site can be viewed as an infill development, as it increased density, infill and brownfield development. is increasing density on a lot that already exists within an established neighbourhood. Agriculture AA.1 Identify prime agricultural areas and prioritize them for agricultural This policy is not applicable. uses and other compatible uses. AA.2 Identify current and future areas for fishery use and aquaculture use This policy is not applicable. and prioritize them for those uses and other compatible uses. AA.3 Consider set -backs, including reciprocal setbacks if appropriate, This policy is not applicable. between areas with an agricultural use, fishery use or aquaculture use and areas used for incompatible purposes. Climate Change CCA Promote energy conservation and efficiency, improved air quality, The proposed development is located within an established area within the climate change mitigation and climate change adaptation through City and as such is considered an infill project. Proximity to existing transit development and land use patterns. routes provide mode choice beyond the private automobile, serving as a mitigation measure with respect to reduced emissions for both climate change and improved air quality. The site also benefits from active transportation infrastructure including sidewalks. Avoidance of the regulated watercourse buffer conforms to best practice with respect to climate change adaptation. CC.2 Consider how the siting and design of infrastructure can improve air The required infrastructure installation for the new service connections will quality and energy conservation and efficiency, minimize the health and conform to all required standards and guidelines. public safety impacts of climate change and increase climate resiliency. Flood and Natural Hazard Areas FH.1 Identify flood and natural hazard areas using provincial flood hazard The proposed development is outside of the regulated wetland and mapping, provincial erosion mapping and other resources. watercourse buffer. 245 FH.2 Promote land use and development in areas other than flood and natural hazard areas. The proposed development is outside of the regulated wetland and watercourse buffer. FH.3 Promote land use and development that are not expected to increase The proposed development is outside of the regulated wetland and the impacts on safety and costs associated with flooding and natural watercourse buffer. hazards. FHA Promote land use and development that incorporate mitigation The proposed development is outside of the regulated wetland and measures with respect to flooding and natural hazards or that are watercourse buffer. appropriate for areas subject to natural hazards. 246 00403691 0029074 4 SITE PLAN SCALE: I "=70' U .: 411, *k- Al, O Copyright (c) 2024 by LockhART's DESIGN & CONSU[TiNq INC.- All Rights Reserved. This drawing may not be copied or reproduced in whole or in part without the written consent of LockhART's DESIGN & CONSU[TiNCi INC. 247 00404384 00 4d 83 00404475 goo Ile- - ---- low 4� 4100. 01 0C 44 WA4 AA --,--.ELEV. 55.0 FOR BASE AW J SITE PLAN SCALE: 1"=40' ..00313833 AL C�l IV, Copyright (c) 2024 by LoCUART's DESIGN & CONSU[TiNCi INC. - All Rights Reserved. This drawing may not be copied or reproduced in whole or in part without the written consent ofLockhART's DESIGN & CONSU[TiNCi INC. 248 MEN FIN 6h FF n�: IFE L ...... 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Police could make money in this area in fines. Get Outlook for Android 252 n � 4, N.OI_ Small City, Big Heart. Municipal Plan Amendment and Rezoning 0 Nason Road/Martha Avenue PROPOSAL 255 SITE LAYOUT 4�?Si F lk - ELEV.. 1�.,^. FPa a3sE 1 r 256 SITE LOCATION �ndy Lop St dv 257 4:�y SITE: End of Martha Avenue NEIGHBOURHOOD SITE — Nason Road ��-= MUNICIPAL PLAN m 5 MASON ROAD ro PLAYGROLM17O do 0 0 v G O V ti h C$ f� C W2712C24 Future Land Use 1:9,028 0 0.95 0.1 0.2 mi Subject Site 1 Regional Retail Centre Heavy Industriaf vY �+ T 0 0.6i 0.15 T 0.3 km Property Parcels P "7 Stable Commercial 261 Park and Natural Area 'Ls m.a dtheGIT—T, Gartnse, FAO, NOAA, 1J5G5, a OpeStreeUlap coot: 6setors, and the GIS User Canmwrii[y Urban Reserve Stable Residential GGVie {C} City of Saint John ZONING FD R?e s Rr" Safi R2f 0.1 CrdrLevgr Fs:M ri 1 +F RM v L R W,, fi B — :LQm. ` US RM FD - h a R'I R 2 R°Seer a im m 6127/2024 ZONING 1:9,028 Subject Site Mid -Rise Residential (RM) Regional Commercial (GR) ❑ 0.05 0.1 02 ft Property Parcels Two -Unit Residential (RZ General Commercial (CG) ❑ 0-07 0.15 0-3 km G4ndItl0nal ZOrlfng One -Unit Residential (R1 ) Business Park Commercial (CBP) 3o s: Esn. To To . Ca . FAO.�NOAA tisGS, 6 opmu^treet3&p canl�brs, and the GIS User Communi Future Development (FD) =26' Industrial (IH) USvl � Neighbourhood Community Facility (CFN) ioi oiyvr Salrrt,lahn • Walkways connecting the multi -unit buildings with the public sidewalk • Road safety improvements with Installation completed prior to occupancy of the first building. Including: • traffic calming elements on Martha Avenue • pedestrian crosswalks on Martha Avenue • $1000 contribution to the City towards the installation of upgrades at the Mark Drive/Martha Avenue crosswalk. Letters were sent to landowners within 100 metres of the subject property on September 3, 2024. Two letters were received for the PAC Meeting. Public Notice was posted on September 9, 2024. Amend Schedule A of the Municipal Plan: from Park and Natural Area to Stable Area. Amend Schedule B of the Municipal Plan: from Park and Natural Area to Stable Residential. Rezone from Future Development (FD) to High -Rise Residential (RH). Adopt Section 59 Conditions. Development Shop �p P[.ANNINC; Ti[.?Tl,D[NG INPTtASTRLJCTURF. SAINT JOH1V onestop@saintjohn.ca Phone:658-4455 Fax:632-6199 General Application Form GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS : N/A PID # : 55086227 N HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N Z) LL APPLICATION #: DATE RECEIVED: Q `" RECEIVED BY: APPLICANT EMAIL PHONE 742673 NB Inc. z O MAILING ADDRESS POSTAL CODE Q 1 Germain ST SUITE 1212 Saint John NB E21- 4V1 CCCC CONTRACTOR EMAIL PHONE O 1 z MAILING ADDRESS POSTAL CODE z Q U OWNER EMAIL PHONE a 742673 NB Inc. john@thepotteryshop.ca 506-333-5100 Q MAILING ADDRESS POSTAL CODE 1 Germain ST SUITE 1212 Saint John NB E21L 4V1 PRESENT USE: PROPOSED USE: BUILDING PLANNING INFRASTRUCTURE HERITAGE F]INTERIORRENOVATION EXCAVATION R NEW CONSTRUCTION VARIANCE 0STREETEXCAVATION El Q �EXTERIORRENOVATION FACCESSORYBLDG �PLANNINGLETTER F] DRIVEWAY CULVERT F HERITAGE SIGN F- QADDITION 2 POOL �PACAPPLICATION DRAINAGE ElHERITAGEINFILL J DECK DEMOLITION N COUNCIL APP ❑ WATER & SEWERAGE ❑ HERITAGE DEMO Q U �CHANGE OFUSE SIGN SUBDIVISION OTHER El OTHER UDMINIMUMSTANDARDS F—IOTHER OTHER REQUIRED: BUILDING SPRINKLERED: Y / N FIRE ALARM: Y / N o New construction of two 70 unit apartment buildings. z O Y F = a O U N o PROJECT ESTIMATE (IF APPLICABLE) Foil 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 This information is being collected in order for the City of Saint John to deliver an existing program / service; the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, the City of Saint John will not share your personal information with any third party without your express consent. The legal authorityfor- 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 regarding the collection ofpersonal information, please contact the Access &Privacy Officer. City Hall Building �M 15 Market Square Saint John, NB E2L I E8 commonclerk(cv,raintiohn.ca (sob) 658-2862 The my or svmronn I, the undersigned, hereby apply for the permit(s) or approval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. 742673 NB Inc. Applicant Name Applicant Signature Date 26 ee o" nt Shop Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS APPLICATION # FEE PAID Y N TYPE OF APPLICATION Land for Public Purposes ❑ Non -Conforming Use Release Service Fee: $200 Service Fee: $300 Section 59 Amendment ❑� Zoning By-law Amendment Service Fee: $2,650 Service Fee: $2,650 Satisfactory Servicing Service Fee: $200 Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. Rezoning application from Future Development (FID) to High Rise Residential RHI Enclosed are renderings, elevations, parking study and site plans (including a wetland delineation). ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. See attached Certificate of Registered Ownershi AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Registered Owner or Authorized Agent Date Additional Registered Owner Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. 267 00403691 0029074 4 SITE PLAN SCALE: I "=70' U .: 411, *k- Al, O Copyright (c) 2024 by LockhART's DESIGN & CONSU[TiNq INC.- All Rights Reserved. This drawing may not be copied or reproduced in whole or in part without the written consent of LockhART's DESIGN & CONSU[TiNCi INC. 268 00404384 00 4d 83 00404475 goo Ile- - ---- low 4� 4100. 01 0C 44 WA4 AA --,--.ELEV. 55.0 FOR BASE AW J SITE PLAN SCALE: 1"=40' ..00313833 AL C�l IV, Copyright (c) 2024 by LoCUART's DESIGN & CONSU[TiNCi INC. - All Rights Reserved. This drawing may not be copied or reproduced in whole or in part without the written consent ofLockhART's DESIGN & CONSU[TiNCi INC. 269 00403691 (--i SITE PLAN SP_3 SCALE: V=70' Copyright (c) 2024 by LOCUART'S DESIGN & CONSU[TINCi INC. - All Rights Reserved. This drawing may not be copied or reproduced in whole or in part without the written consent of LOCkhART'S DESIGN & CONSU[TING INC. 270 cm �u [a El FB— FB— NlllllWf� ,�IIIIIIIIII�IIIII Ill�llll�Q I kk �i In '4. ����oV! lME L UE '�FF nom.] FLU] � ��L„JI,_II ����Iii�IVllll�lllll J�Jilllijjmuj�j M lift ����f- �IIII,.J 0I _ oilJI� �i�lllllllllll�lllll III�IIIIIi1 �I1'���€ �IIII1,21M. IFFm m IN R':�!22,12,21, !11 ��L„JI,_I� �I„ialIININIIII III�IIIIINI IliFF ndb Ll iiiiiii{ J �L,,,ll,_IP' III�lIIIIIIIIIlBIIIII Ill�liiii IIIl. €m� M UUH ■II�III JFEW]! FFm-nml L 'i H W1112111HU. momIAlllll�ll� �IIIIIIIIIIIIINIIII_ _ IIlIIII� I�ii�p!''UHN Htl I 1 11 � �IIII 17 kli I I 11F1I I 111 it 171 19 IRWIN pi EL F11" E:1 I I P. F-1 L-IL-1 YIIIIIl,IIfit IIIIII�II�I"' FL j1h "'11"�9�!!91�i IIIIII�IIIIIII , ndal J1111 ll�Illllf �i IIIIII■IVlii 11111lj11111jl::::-jjjj WME .Ill llllfiil In. u -11 -Illtff lit 0=;I niffl- 0 PRELIMINARY REV. DESCRIPTION BY DATE REV 0 MEN FIN 6h FF n�: IFE L ...... 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Nason Road Wetland delineation Saint John, NB April 27, 2023 25 12.5 0 25 50 75 Meters Imagery source: Esri Property boundary Delineated wetlands Unmapped watercourse 275 0�y 04. ex pe Memorandum Project: Traffic Impact Study for a Silver Falls Apartment Development (FRE-23003271-AO) Subject: Daily Traffic Estimates on Study Area Streets Date: March 21, 2023 To: John Harrison, P. Eng./Ross Pierce From: Don Good, P. Eng. Distribution: Client When preparing our proposal to complete a Traffic Impact Study for the proposed apartment development in Silver Falls, we talked to Tim O'Reilly, Director, Public Works and Transportation with respect to any issues /concerns the City may have with respect traffic impacts associated with the proposed development. Tim indicated the Study Area we identified to be included in the analysis was good. However, Tim indicated the public concern he could see arising from the development is the additional traffic volume utilizing the adjacent neighbourhood streets (Michael Crescent, Bonita Avenue, Martha Avenue). It would be appropriate to see how the additional traffic volumes when added to the existing volumes compare to the 1000 veh/day threshold that is typical of residential streets (as per the Transportation of Canada (TAC) guidelines). In or proposal we indicated that we would provide an interim memo by March 22, identifying how many apartment units can be constructed without the requirement for an access to Loch Lomond Road. This "trigger point" will primarily be based on daily traffic levels on Martha Avenue, Bonita Avenue and Michael Crescent. The results of the memo will be discussed with the Client prior to proceeding with any further work activities. During the week Of March 13, 2023 we completed traffic counts at the following locations: • Loch Lomond Road/Commerce Drive • Commerce Drive/Mark Drive • Mark Drive/Martha Avenue • On Michael Crescent Based on the traffic counts it was estimated that the existing daily traffic (without the apartment development) on Martha Avenue, Bonita Avenue and Michael Crescent was 830, 750 and 665 vehicles respectively. The higher daily traffic volumes on Martha Avenue are the result of the concentration of existing apartment buildings on Martha Avenue and Nason Road. With the development of 140 apartment units (Phase 1 of the development), it is estimated that there would be 620 vehicles generated daily. Based on the location of the proposed development to the adjacent streets, it is reasonable to assume the majority of traffic that would be generated by the proposed development would utilize Martha Avenue. Therefore, it is estimated the daily traffic on Martha Avenue would be in the range of 1350 to 1450 vehicles. There would be little increase on the existing volumes on Bonita Avenue or Michael Crescent. 276 Traffic Impact Study for a Silver Falls Apartment Development March 21, 2023 The projected 1350 to 1450 vehicles daily on Martha Avenue is higher than the 1000 vehicles that TAC suggests as an upper limit for local residential streets. This does not mean that Martha Avenue is not capable of handling more traffic. The capacity of streets in urban areas is generally determined by the capability of intersections. The TAC guideline reflects what residences on local streets consider as a upper limit for a residential neighbourhood. To remain withing the 1000 vehicles a day TAC guideline, somewhere between 35 to 70 dwelling units could be developed without a second access. Based on the distribution of existing traffic to and from Martha Avenue, approximately 60 percent of the traffic goes to or comes from Loch Lomond Road. Therefore, an access to Loch Lomond Road from the development would be very effective in reducing traffic levels on Martha Avenue, as well as other local streets in the neighbourhood. Prior to going any further with the TIS, it is recommended a discussion be held with Tim O'Reilly, as well as Planning, to determine whether they would support more than 35 to 70 apartment units on a temporary basis until a second access is feasible from a financial perspective. Page 2of2 277 PIN If `VIM 11V s�'I !����•P. �I ?�t ��' I/ ` �" ��ie► MAP I tl� ���"� +- il�I` 01, dN J � e � � 1 \ _'U r :1f A►�.,ry j F�1� .. �i�' ��. r jF» t r 1 �'ti1 ,'<-r� s a`�Jl ,u!,✓',; � ypi�•a_a ` `#I ��i. � i�h;iacj � Ia,� �.r.p��'R ,;`I' �i ,�,� ZZ a '. Y .p. ,k� j r: R 111Tr:� p�. w.c`C Q° A yip �A d p ipf(�� v ► ► i I i s �ti i!1 Irti. s.3•'ti'AR'i +!. i! �� ` p. ��R Yk�l,y�i S tly� Ht p` iir d � � wdt. ��*° :. i �;d�, ,� � + i yY:;�,°a3 ♦ , ,S,S �7r ,�+ A� 4�jifi 'YF i � � n i'1� r M 1 c � dPA Y i t '.i1�fP.�'■ � .R'4?tj�'� \ �di� d a h �, r1��0��� 9r ► �s i�e t r .. 5 t si .v I p.d r� dd ��y��1 � q �'r R qT�R i i , ���'�R IA 41 � 6 `a��•� S � v 1�.� r 1 A iS1'c�, 'ry. eC� }L AAa F � 19 r ! i 'a. �6 � .■ 7I� i � a 1 i A� Li A 3°�I ! t � .r' !, . k a t L [ 00R I A L E N V I R O N M E N T A L 279 0 0 R E A L E N V I R O N M E N T A L Table of Contents Tableof Contents...............................................................................................................................ii 1 Introduction..............................................................................................................................1 2 Regulatory Framework...............................................................................................................1 3 Wetland Delineation Methodology.............................................................................................1 3.1 Vegetation.........................................................................................................................2 3.2 Soils...................................................................................................................................2 3.3 Hydrology..........................................................................................................................3 4 Wetland Delineation Results......................................................................................................3 4.1 General Site Conditions......................................................................................................3 4.2 Wetland Conditions...........................................................................................................4 5 Closure......................................................................................................................................4 6 References.................................................................................................................................6 APPENDICES Appendix A Wetland delineation map Appendix B Delineation forms Appendix C Site photographs N 0 0 R E A L E N V I R O N M E N T A L 1 Introduction Boreal Environmental (Boreal) was engaged by Andrew Harrigan to identify and delineate wetlands on a portion of a property (6.78 ha) identified in the New Brunswick Geographical Corporation's PID database as 55086227. The portion of the property investigated is shown on the map in Appendix A and is identified as the Study Area. The property abuts Nason Road to the north, and Loch Lomond Road to the southwest in Saint John, New Brunswick. The property is owned by 742673 NB Inc. This report will describe the methods used to delineate the actual extent of wetlands in the field and provide the results along with supporting documentation in the form of sample plots for representative wetlands, a map of the delineated wetlands, and a photolog containing representative photos of the wetland and upland habitat. 2 Regulatory Framework Any proposed alteration within a wetland, or within their 30 m regulated buffer, requires permitting through the Watercourse and Wetland Alteration Program administered by the New Brunswick Department of Environment and Local Government (DELG). Any wetland greater than 1 ha in size and/or contiguous with a watercourse is considered regulated under the Watercourse and Wetland Alteration Regulation (WAWA) (90-80). Any project that has the potential to impact >_ 2 ha of wetland, may be required to register through the Environmental Impact Assessment Regulation [87-83] of the New Brunswick Clean Environment Act. Permanent impacts to regulated wetlands typically requires that the proponent compensates for the area lost at a ratio of 2:1, as a part of the WAWA approval for the work. 3 Wetland Delineation Methodology On April 26, 2023 Derrick Mitchell, Shauna Sands, and Ryan Power identified and delineated wetlands on PID 55086227. The wetland delineation was conducted in accordance with the Corps of Engineers Wetlands Delineation Manual (2006) and Regional Supplement (2012). Wetland boundaries were delineated through paired point wetland analysis. Wetland data were recorded on New Brunswick Department of Environment Wetland Delineation Data Sheets (Appendix B). Munsell Soil Color Charts (Kollmorgen Instruments Co. 1990) were used to identify hydric soils within the survey area. The Flora of New Brunswick (Hinds 2000) was consulted for plant nomenclature and identification. Wetlands were identified using the following criteria: • The vegetation cover was at least 50%; • A majority of dominant vegetation species are wetland associated species; 1 0 0 R E A L E N V I R O N M E N T A L • Hydrologic conditions exist that result in periods of flooding, ponding, or saturation during the growing season; and • Hydric soils are present. Data point locations were sampled to evaluate vegetation, hydrology, and soil data to support a determination of wetland or non -wetland status. The location of boundary and data points were recorded using a Samsung Tab 8 field computer and the Qfield data collection application. The field computer was connected to a Garmin GLO GPS receiver with a stated accuracy of +/- 3 m. 3.1 Vegetation The Corps of Engineers Wetlands Delineation Manual defines hydrophytic vegetation as the sum total of macrophytic plant life that occurs in areas where the frequency and duration of inundation or soil saturation produce permanent or periodically saturated soils of sufficient duration to exert a controlling influence on the plant species present. To classify an area as 'wetland', hydrophytic vegetation should be the dominant plant type. Two methods, the '50/20 rule' and the Prevalence Index were used to assess the dominance of hydric vegetation. Using the '50/20 rule', dominant plant species observed at each data point were classified according to their indicator status (probability of occurrence in wetlands). If the majority (greater than 50 percent) of the dominant vegetation within the assessment area were classified as obligate (OBL), facultative wetland (FACW), or facultative (FAC) (excluding FAC-), then the site was dominated by hydrophytic vegetation. The Prevalence Index is a weighted average of the wetland indicator status of all species in the sample (OBL=1, FACW=2, FAC=3, FACU=4, UPL=5). Calculated values less than or equal to three represent wetland or hydrophytic vegetation, and values greater than three represent upland vegetation. 3.2 Soils Hydric soil is formed when it is saturated, flooded, or experiences ponding over an extended period during the growing season such that anaerobic conditions in the upper layer develop. Hydric soil indicators include soil color (gleyed soils and soils with bright mottles and/or low matrix chroma), aquic or preaquic moisture regime, reducing soil conditions, sulfidic material (odor), soils listed on hydric soils list, iron and manganese concretions, organic soils (Histosols), histic epipedon, high organic content in surface layer in sandy soils, and organic streaking in sandy soils. At the data point, a soil pit was excavated, and the soil was then examined for hydric soil indicators. The matrix color and mottle color (if present) of the soil was determined using Munsell Soil Color Charts. To establish whether a soil was hydric, hydric indicators were determined using Fielded Indicators of the Hydric Soils in the United States, A Guide to Identifying and Delineating Hydric Soils, Version 6.0 (USDA and NRCS 2006). 2 0 0 R E A L E N V I R O N M E N T A L 3.3 Hydrology At each site, the presence of any hydrology indicators (primary and/or secondary) was recorded. Primary indicators of wetland hydrology include but are not limited to: water marks; drift lines; sediment deposition; drainage patterns; visual observation of saturated soils; and visual observation of inundation. In addition to the primary indicators, there is a variety of secondary wetland hydrology indicators. Secondary indicators include but are not limited to: oxidized root channels in the upper 30 cm; water - stained leaves; and local soil survey data. When no primary indicators of wetland hydrology were observed at a data point, two or more secondary indicators were used to confirm wetland hydrology. 4 Wetland Delineation Results Derrick Mitchell, Shauna Sands, and Ryan Power conducted wetland delineations at the site on April 26, 2023 and identified one wetland and one unmapped watercourse. The wetland is not regulated as it is < 1 ha and not contiguous with a regulated watercourse. The following sections describe the general site conditions encountered during the survey as well as a detailed description of the wetlands identified. 4.1 General Site Conditions The study area (6.78 ha) is shown on the map in Appendix A and represents PID 55086227, which is owned by 742673 NB Inc. It is located south of Nason Road in Saint John, New Brunswick and is within the Saint John River Basin Grand Bay Composite Watershed. There is an unmapped watercourse at the western corner of the study area, that flows north into a ditched area. The ditched area flows east adjacent to Nason Road. On the southeastern side of the watercourse there is a berm present. Waterflow is intercepted by a culvert that passes under the housing development then daylights north of Consumers Drive where it enters another culvert eventually discharging to Majors Brook. Majors Brook is a tributary of Marsh Creek. The study area falls within the Fundy Coastal Ecoregion, containing the oldest and youngest geological features in the province, with highly varied bedrock throughout the region. The Bay of Fundy and associated basins and bay receive all hydrologic discharges in the ecoregion. The cold waters of the Bay of Fundy regulate local climate, with milder winters and cooler summers compared to other ecoregions in the province. The cooler onshore winds mixing with the warmer interior winds results in heavy summer rainfall, along with abundant fog, lowers summer air temperatures. Prominent temperature gradients exist transitioning from coastal to inland areas. The cool, wet climatic conditions have led to the forest cover being dominated by coniferous trees such as red spruce, balsam fir, black and white spruce, and tamarack. The forested upland area adjacent to the wetland was dominated by red spruce and paper birch, mostly representative of the study area forested areas. The upland area abutting the Nason Road apartment 3 0 0 R E A L E N V I R O N M E N T A L parking lots has been disturbed in the distant past. The bermed area along the ditch/watercourse arose from the actual excavation to make the ditch. The remaining disturbed area is cut over and shrubby. The unmapped watercourse originates just south of the western corner of the study area. It had mostly gravel substrate, with some sand, cobble, and fines, with an incised channel and an average width of 1.2 m. The riparian area providing shade to the shallow watercourse contained balsam fir and paper birch with some scattered striped maple and mana grass on the fringes. The wetland on the property was saturated and dominated by shrub vegetation. The forested upland portion surrounding the wetland is on a moderate slope and the disturbed cutover area is on more of a mild slope. No abrupt topographical changes were observed, but changes in hydrology and plant assemblages were used to delineate the wetland boundary. 4.2 Wetland Conditions One unmapped wetland was identified in the field, occupying a total of 0.45 ha within the 6.78 ha study area. The wetland polygon is shown on the map in Appendix A. The wetland is not regulated under the Watercourse and Wetland Alteration Regulation (WAWA) (90-80). The unmapped watercourse is regulated, as it meets the provincial definition of a watercourse. Wetland 1 is a tall shrub swamp, dominated by speckled alder and wild raisin with a moderate upland slope in the forested area and gentle slope into the disturbed area, relying on hydrological and vegetation changes to determine the wetland boundary. Table 1 below provides a summary of the key attributes of each wetland. TABLE 1. REGULATED WETLANDS IDENTIFIED AND DELINEATED ON PID 70221932. Wetland Wetland Type Size (Ha) Delineated Wetland Description ID 1 Tall Shrub 0.45 Vegetation: Speckled alder (Alnus incana: FACW), Mapped No Mapped No Unmapped No No swamp Wild Raisin (Viburnum nudum: FACW+), Three - seed sedge (Carex trisperma: OBL), Red raspberry (Rubus idaeus: FAQ Soils: Depleted Matrix (F3) Hydrology: Saturation (A3) 5 Closure The sole purpose of this report and the associated services performed by Boreal was to complete a wetland delineation for 742673 NB Inc. One unmapped wetland and one unmapped watercourse was delineated and identified on a property identified in the New Brunswick Geographical Corporation's PID database as 55086227 in Saint John, New Brunswick. The watercourse feature identified during the field N 00REAL E N V I R O N M E N T A L survey was regulated under the WAWA regulation, any disturbances within 30 m requires a WAWA permit from NBDELG. The observations made and facts presented in this report are based on a site assessment conducted on April 26, 2023. Site conditions at the time of visitation / sampling are reflected in this document and no independent confirmation of this information was made. Boreal accepts no liability or responsibility whatsoever for or in respect of any use of or reliance upon this report or data by any third party. This report was prepared by Derrick Mitchell, B.Sc.F., R.P.F. Please contact the undersigned if you have any questions or concerns about this report. Kind Regards, �I w:., p7� Derrick Mitchell 0 0 0 1 A L E N V I R O N M E N T A L 6 References Canadian Wetland Classification System (2nd Ed.). (1997). University of Waterloo, Waterloo, ON. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. U. S. Army Engineer Waterways Experiment Station. Vicksburg, Mississippi. Environmental Laboratory. 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region. Fish and Wildlife Service. 1988. National List of Plant Species that Occur in Wetlands, Region 1. Hinds, H.R. 2000. Flora of New Brunswick, 2nd Ed., University of New Brunswick Press, Fredericton, NB. Kollmorgen Instruments Company. 1990. Munsell Soil Color Charts. Kollmorgen Corporation. Baltimore, Maryland. USDA NRCS. 2018. Field Indicators of Hydric Soils in the United States A Guide for Identifying and Delineating Hydric Soils, Version 8.2. 2 Appendix A Wetland Delineation Map \ko Old 3 �► t.41 4459 rriz� * *' #. .14. �`�• Roo lir ^PID 55086227 •'<'� a� r s AAr 4 r . �+ .�+ r1r rS t rrIf; .;. - { .r t... i' r;'� 'a.' •�' ' r • L'. yj •� = i� ` ,,. -r� r .:�Y �4"rµ•� iiy�:rF�+ � '_ � �� +S i. ��. �'� • M•"�� � .•*rr - A. iii ■ 0 0 0 E A L E N V I R Q N M E N 7 A I. Nason Road Wetland delineation Saint John, NB April 27, 2023 25 12.5 0 25 50 75 Meters Imagery source: Esri Property boundary Delineated wetlands Unmapped watercourse 288 Appendix B Wetland Delineation Forms N U.S. Army Corps of Engineers OMB Control #: 0710-0024, Exp: 1113012024 WETLAND DETERMINATION DATA SHEET - Northcentral and Northeast Region Requirement Control Symbol EXEMPT. See ERDC/EL TR-12-1; the proponent agency is CECW-CO-R (Authority. AR 335-15, paragraph 5-2a) Project/Site: Nason Road City/County: Saint John, Saint John County Sampling Date: Apr 26, 2023 Applicant/Owner: 742673 NB Inc. State: ME Sampling Point: WL 1 wet Investigator(s): Derrick Mitchell, Ryan Power and Shauna Sands Section, Township, Range: New Brunswick Landform (hillside, terrace, etc.): Basin Local relief (concave, convex, none): Concave Slope %: Subregion (LRR or MLRA): LRR R Lat: 45.295855 Long:-66.018869 Datum: WGS 84 Soil Map Unit Name: Saint John Group - clastic sedimentary rock NWI classification: Tall shrub swamp Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Hydric Soil Present? Yes X No Wetland Hydrology Present? Yes X No Remarks: (Explain alternative procedures here or in a separate report.) HYDROLOGY Is the Sampled Area within a Wetland? Yes X No If yes, optional Wetland Site ID: Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) —Surface Soil Cracks (B6) _Surface Water (Al) X Water -Stained Leaves (139) _Drainage Patterns (B10) _High Water Table (A2) _Aquatic Fauna (B13) _Moss Trim Lines (B16) X Saturation (A3) —Marl Deposits (B15) _ Dry -Season Water Table (C2) —Water Marks (B1) —Hydrogen Sulfide Odor (Cl) —Crayfish Burrows (C8) _Sediment Deposits (B2) _Oxidized Rhizospheres on Living Roots (C3) _Saturation Visible on Aerial Imagery (C9) _ Drift Deposits (B3) X Presence of Reduced Iron (C4) —Stunted or Stressed Plants (D1) _Algal Mat or Crust (B4) —Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2) _Iron Deposits (135) _Thin Muck Surface (C7) _ShallowAquitard (D3) _ Inundation Visible on Aerial Imagery (B7)_ Other (Explain in Remarks) _ Microtopographic Relief (D4) Sparsely Vegetated Concave Surface (B8) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No Depth (inches): 13.7 Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-8, JUL 2018 290 Northcentral and Northeast — Version 2.0 VEGETATION - Use scientific names of plants. Sampling Point: WL 1 wet HDsoiute uominant inaicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1 Number of Dominant Species 2. That Are OBL, FACW, or FAC: 3 (A) 3. Total Number of Dominant 4. Species Across All Strata: 4 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 75.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: Sapling/Shrub Stratum (Plot size: 15 ) OBL species 35 x 1 = 35 1. Alnus incana 30 Yes FACW FACW species 55 x 2 = 110 2. Viburnum nudum 20 Yes FACW FAC species 0 x 3 = 0 3. Nemopanthus mucronatus 10 No OBL FACU species 10 x 4 = 40 4. UPL species 0 x 5 = 0 5. Column Totals: 100 (A) 185 (B) 6. Prevalence Index = B/A = 1.85 7. Hydrophytic Vegetation Indicators: 60 =Total Cover 1 - Rapid Test for Hydrophytic Vegetation Herb Stratum (Plot size: 5 ) X 2 - Dominance Test is >50% 1. Carex trisperma 25 Yes OBL X 3 - Prevalence Index is <_3.0' 2. Rubus idaeus 10 Yes FACU 4 - Morphological Adaptations' (Provide supporting 3. Osmundastrum cinnamomeum 5 No FACW data in Remarks or on a separate sheet) 4. Problematic Hydrophytic Vegetation' (Explain) 5. 'Indicators of hydric soil and wetland hydrology must 6. be present, unless disturbed or problematic. Definitions of Vegetation Strata: 7. 8. Tree -Woody plants 3 in. (7.6 cm) or more in 9. diameter at breast height (DBH), regardless of height. 10. Sapling/shrub - Woody plants less than 3 in. DBH 11. and greater than or equal to 3.28 ft (1 m) tall. 12. Herb -All herbaceous (non -woody) plants, regardless 40 =Total Cover of size, and woody plants less than 3.28 ft tall. Woody Vine Stratum (Plot size: ) Woody vines - All woody vines greater than 3.28 ft in 1. height. 2. Hydrophytic 3. Vegetation 4. Present? Yes X No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-8, JUL 2018 291 Northcentral and Northeast - Version 2.0 SOIL Sampling Point WL 1 wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-2 M Peat 2-4 5yr 3/2 RM M Mucky Loam/Clay 4-14 5yr 3/2 98 7.5yr 4/4 2 C M Loamy/Clayey Distinct redox concentrations 14-16 7.5yr 4/3 90 7.5yr 4/6 10 C M Loamy/Clayey Distinct redox concentrations D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: _ Histosol (Al) —Dark Surface (S7) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (LRR R, —Black Histic (A3) MLRA 14913) _ Hydrogen Sulfide (A4) _Thin Dark Surface (S9) (LRR R, MLRA 14913) —Stratified Layers (A5) _ High Chroma Sands (S11) (LRR K, L) _ Depleted Below Dark Surface (A11) _Loamy Mucky Mineral (F1) (LRR K, L) _Thick Dark Surface (Al2) _ Loamy Gleyed Matrix (F2) _ Mesic Spodic (A17) _ Depleted Matrix (F3) (MLRA 144A, 145, 149B) _ Redox Dark Surface (F6) —Sandy Mucky Mineral (S1) _ Depleted Dark Surface (F7) —Sandy Gleyed Matrix (S4) _ Redox Depressions (F8) —Sandy Redox (S5) —Marl (F10) (LRR K, L) Stripped Matrix (S6) Red Parent Material (F21) (MLRA 145) 2Location: PL=Pore Lininq, M=Matrix Indicators for Problematic Hydric Soils3: _2 cm Muck (A10) (LRR K, L, MLRA 14913) X Coast Prairie Redox (A16) (LRR K, L, R) _5 cm Mucky Peat or Peat (S3) (LRR K, L, R) _ Polyvalue Below Surface (S8) (LRR K, L) _Thin Dark Surface (S9) (LRR K, L) _ Iron -Manganese Masses (F12) (LRR K, L, R) —Piedmont Floodplain Soils (F19) (MLRA 14913) _ Red Parent Material (F21) (outside MLRA 145) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 31ndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: The presence of a reduced matrix within 12" of the soil surface indicates that this soil is hydric based on the hydric soil definition: "a soil that formed under conditions of saturation, flooding or ponding long enough during the growing season to develop anaerobic conditions in the upper part'. ENG FORM 6116-8, JUL 2018 292 Northcentral and Northeast — Version 2.0 U.S. Army Corps of Engineers OMB Control #: 0710-0024, Exp: 1113012024 WETLAND DETERMINATION DATA SHEET - Northcentral and Northeast Region Requirement Control Symbol EXEMPT. See ERDC/EL TR-12-1; the proponent agency is CECW-CO-R (Authority. AR 335-15, paragraph 5-2a) Project/Site: Nason Road City/County: Saint John, Saint John County Sampling Date: Apr 26, 2023 Applicant/Owner: 742673 NB Inc. State: ME Sampling Point: WL 1 up Investigator(s): Derrick Mitchell, Ryan Power, Shauna Sands Section, Township, Range: New Brunswick Landform (hillside, terrace, etc.): Local relief (concave, convex, none): Slope %: Subregion (LRR or MLRA): LRR R Lat: 45.295780 Long:-66.018684 Datum: WGS 84 Soil Map Unit Name: Saint John Group - clastic sedimentary rocks NWI classification: Mixed upland forest Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Hydric Soil Present? Yes No X Wetland Hydrology Present? Yes No X Remarks: (Explain alternative procedures here or in a separate report.) HYDROLOGY Is the Sampled Area within a Wetland? Yes No X If yes, optional Wetland Site ID: Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) —Surface Soil Cracks (B6) _Surface Water (Al) —Water-Stained Leaves (139) _Drainage Patterns (B10) _High Water Table (A2) _Aquatic Fauna (B13) _Moss Trim Lines (B16) —Saturation (A3) —Marl Deposits (B15) _ Dry -Season Water Table (C2) —Water Marks (B1) —Hydrogen Sulfide Odor (Cl) —Crayfish Burrows (C8) _Sediment Deposits (B2) _Oxidized Rhizospheres on Living Roots (C3) _Saturation Visible on Aerial Imagery (C9) _ Drift Deposits (B3) —Presence of Reduced Iron (C4) —Stunted or Stressed Plants (D1) _Algal Mat or Crust (B4) —Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2) _Iron Deposits (135) _Thin Muck Surface (C7) _ShallowAquitard (D3) _ Inundation Visible on Aerial Imagery (B7)_ Other (Explain in Remarks) _ Microtopographic Relief (D4) ? Sparsely Vegetated Concave Surface (B8) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-8, JUL 2018 293 Northcentral and Northeast — Version 2.0 VEGETATION - Use scientific names of plants. Sampling Point: WL 1 up r,usuiuie uuiiiuiani uwu;awi Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Abies ba/samea 10 No FAC Number of Dominant Species 2. Betula populifolia 10 No FAC That Are OBL, FACW, or FAC: 0 (A) 3. Betula papyrifera 15 Yes FACU Total Number of Dominant 4. Picea rubens 30 Yes FACU Species Across All Strata: 4 (B) 5. Acer rubrum 5 No FAC Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 0.0% (A/B) 7. Prevalence Index worksheet: 70 =Total Cover Total % Cover of: Multiply by: Sapling/Shrub Stratum (Plot size: 15 ) OBL species 0 x 1 = 0 1. 10 Yes FACW species 0 x 2 = 0 2. 1 No FAC species 28 x 3 = 84 3. 5 Yes FACU species 45 x 4 = 180 4. UPL species 0 x 5 = 0 5. Column Totals: 73 (A) 264 (B) 6. Prevalence Index = B/A = 3.62 7. Hydrophytic Vegetation Indicators: 16 =Total Cover 1 - Rapid Test for Hydrophytic Vegetation Herb Stratum (Plot size: 5 ) _ 2 - Dominance Test is >50% 1. Abies balsamea 2 No FAC 3 - Prevalence Index is <_3.0' 2. Cornus canadensis 1 No FAC 4 - Morphological Adaptations' (Provide supporting 3 data in Remarks or on a separate sheet) 4. Problematic Hydrophytic Vegetation' (Explain) 5. 'Indicators of hydric soil and wetland hydrology must 6. be present, unless disturbed or problematic. Definitions of Vegetation Strata: 7. 8. Tree -Woody plants 3 in. (7.6 cm) or more in 9. diameter at breast height (DBH), regardless of height. 10. Sapling/shrub - Woody plants less than 3 in. DBH 11. and greater than or equal to 3.28 ft (1 m) tall. 12. Herb -All herbaceous (non -woody) plants, regardless 3 =Total Cover of size, and woody plants less than 3.28 ft tall. Woody Vine Stratum (Plot size: ) Woody vines - All woody vines greater than 3.28 ft in 1. height. 2. Hydrophytic 3. Vegetation 4. Present? Yes No X =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-8, JUL 2018 294 Northcentral and Northeast - Version 2.0 SOIL Sampling Point WL 1 up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-5 Peat 5-9 7.5yr 3/2 Sandy 'Type: C=Concentration, D=Depletion, Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) Hydrogen Sulfide (A4) ? Stratified Layers (A5) _ Depleted Below Dark Surface (A11) _Thick Dark Surface (Al2) _ Mesic Spodic (A17) (MLRA 144A, 145, 149B) _Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Restrictive Layer (if observed): Type: Depth (inches): Remarks: RM=Reduced Matrix, MS=Masked Sand Grains. —Dark Surface (S7) _ Polyvalue Below Surface (S8) (LRR R, MLRA 149B) _Thin Dark Surface (S9) (LRR R, MLRA 14913) _ High Chroma Sands (S11) (LRR K, L) —Loamy Mucky Mineral (F1) (LRR K, L) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) —Marl (F10) (LRR K, L) Red Parent Material (F21) (MLRA 145) 2Location: PL=Pore Lining, M=Matrix. Indicators for Problematic Hydric Soils3: _2 cm Muck (A10) (LRR K, L, MLRA 149B) —Coast Prairie Redox (A16) (LRR K, L, R) _5 cm Mucky Peat or Peat (S3) (LRR K, L, R) _ Polyvalue Below Surface (S8) (LRR K, L) _Thin Dark Surface (S9) (LRR K, L) _ Iron -Manganese Masses (F12) (LRR K, L, R) —Piedmont Floodplain Soils (F19) (MLRA 14913) _ Red Parent Material (F21) (outside MLRA 145) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 31ndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X ENG FORM 6116-8, JUL 2018 295 Northcentral and Northeast — Version 2.0 Appendix C Site Photographs N Photograph 1. Representative shrub cover within Wetland 1. Photograph 2. Representative herbaceous vegetation within Wetland 1. Photograph 3. Soil profile within Wetland 1 showing a high water Photograph 4. Upland tree and shrub stratum. table. 297 Photograph 5. Upland herbaceous stratum showing sparse understory. Photograph 6. Upland soil pit showing duff over sandy mineral soil with no hydrological indicators. Proposed Zoning By -Law Amendment RE: 0 Nason Road/Martha Avenue 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 Tuesday October 1, 2024, at 6:30 p.m., by: 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. 3. Rezoning a parcel of land having an area of approximately 6.77 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227 from Future Development (FD) to High -Rise Residential (RH) as illustrated below. �. lO3ER" 5 CEMETERY a0 tin � U SunpREf e3 �� SEPEK CEMETERY F a a 0-dy L_ S, Y`� Loch Lamand U � VMO ROAD PlYG PIAYG ROUND lain or o� e a a c F n �o Ro s° ale C'ns s 4nmo 'l+ - Lper I Y d Refrne I Ntl 9— MLR,' REASON FOR CHANGE: To allow for the development of two multi -unit dwellings. 299 For details on how to inspect the amendment, or to register to participate, please contact the Office of the City Clerk at CityClerk(a)saintiohn.ca. Written objections to the amendment may be provided in writing and/or verbally at the Public Hearing to be held by Common Council. To register for participation in the hearing, please contact the City Clerk's Office in advance at commonclerk(@saintiohn.ca If you require French services for a Common Council meeting, please contact the office of the City Clerk. Jonathan Taylor, City Clerk (506) 658-2862 Projet de modification de I'arrete de zonage Objet : 0 chemin Nason/avenue Martha Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier I'arrete de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le mardi 1 octobre 2024 a 18 h 30, en apportant les modifications suivantes : 1. A I'annexe A du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 6,77 hectares, situee au rue Nason, egalement identifie comme NID 55086227, qui passera de Parc ou aire naturelle a Secteur stable, comme illustre ci- dessous; 2. A I'annexe B du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 6,77 hectares, situe au rue Nason, egalement identifie comme NID 55086227, qui passera de Parc ou aire naturelle a Secteur residentiel stable, comme illustre ci-dessous. 3. Rezonage d'une parcelle de terrain d'une superficie d'environ 6.77 hectares, situe au 0 chemin Nason/avenue Martha, egalement identifie comme le NID 55086227, de Zone d'amenagement futur (FD) a Zone residentielle — Immeubles d'habitation de grande hauteur (RH) tel qu'illustre ci- 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 les batiments contenant des habitations multifamiliales. 300 Pour plus d'informations concernant la lecture de I'amendement, ou pour s'enregistrer a I'audience publique, veuillez contacter le Bureau du greffier municipal a I'adresse cityclerk@saintjohn.ca. Les objections a I'amendement peuvent etre ecrites ou presentees oralement a I'audience publique tenue par le conseil commun. Veuillez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne a I'hotel de ville. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier municipal. Jonathan Taylor, greffier municipal (506) 658-2862 301 BY-LAW NUMBER C.P. 106-X A LAW TO AMEND THE MUNICIPAL �W_1 ki I VIEW-11T l Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: ARRETE NO C.P. 106-X ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit: L'arrete concernant le plan municipal de The City of Saint John decrete le 30 janvier 2012 est modifie par:: 1. Redesignating on Schedule A of the 1. A I'annexe A du plan Municipal Development Plan, land d'amenagement municipal, having an approximate area of 6.78 modifier la designation d'un hectares, located on Nason Road, terrain d'une superficie de 6,77 also identified as PID 55086227, hectares, situee au rue Nason, from Park and Natural Area to egalement identifie comme NID Stable Area; 55086227, qui passers de Parc ou aire naturelle a Secteur 2. Redesignating on Schedule B of the stable; Municipal Development Plan, land having an approximate area of 6.78 2. A I'annexe B du plan hectares, located on Nason Road, d'amenagement municipal, also identified as PID 55086227, modifier la designation d'un from Park and Natural Area to terrain d'une superficie de 6,77 Stable Residential. hectares, situe au rue Nason, egalement identifie comme NID 55086227, qui passers de Parc ou aire naturelle a Secteur residentiel stable. - toutes les modifications sont - all as shown on the plan attached hereto indiquees sur le plan ci-joint et font partie du and forming part of this by-law. present arrete. 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 present arrete le X octobre 2024, avec les the X day of October, A.D. 2024 and signed by: signatures suivantes: Mayor/Mairesse City Clerk/Greffier de la municipalite First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X 302 BY-LAW NUMBER C.P. 111-X A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately of area of approximately 6.77 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227, from Future Development (FD) to High -Rise Residential (RH). - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the X day of October, A.D. 2024 and signed by: Mayor/Mairesse ARRETE NO C.P. 111-X ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 6.77 hectares, situe au 0 chemin Nason/avenue Martha, egalement identifie comme le NID 55086227, de Zone d'amenagement futur (FD) a Zone residentielle — Immeubles d'habitation de grande hauteur (RH). toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X octobre 2024, avec les signatures suivantes: City Clerk/Greffier de la municipalite First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X 303 From: kevin maher Sent: September 6, 2024 12:20 PM To: OneStop <onestop @saintjohn.ca> Subject: PID 55086227 I hope they have a seperate access road other than Martha Avenue as the traffic is already busy and way to fast with no one knowing what a STOP sign means. Police could make money in this area in fines. Get Outlook for Android 304 305 n � 4, N.OI_ PROPOSED MUNICIPAL PLAN AMENDMENT RE: 221 Lancaster Avenue (part of PID 55146302), 251 Lancaster Avenue (PID 55146310) and 271 Lancaster Avenue (PID 55146328) 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 3.18 hectares identified as PIDs 55146328, 55146310 and a portion of PID 55146302, 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 3.18 hectares identified PIDs 55146328, 55146310 and a portion of PID 55146302, from Park and Natural Area, to Stable Commercial, as illustrated below; rz `" r,g3g Road too 0- Wolastoq Park 1 Parc Wol ast oq Simms PIDINID 55146302 Corner (po rti o ry pa rti ej ' �'A ?�,� :per '� ast�rA s I� i�. I� PIDINID 55146310 PIDINID 5514631 e 5'aani John Siva REASON FOR CHANGE: To develop a commercial parking lot to support maintenance and construction activities at an area industrial facility. 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 Tuesday, October 1, 2024. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by Thursday, October 31, 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. 307 Jonathan Taylor, City Clerk (506) 658-2862 or commonclerk@saintjohn.ca PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 221 avenue Lancaster (une partie du NID 55146302), 251 avenue Lancaster (NID 55146310), et 271 avenue Lancaster (NID 55146328) Par les presentes, un avis public est donne par lequel le conseil communal de ville de Saint John a ('intention d'etudier la modification du plan d'amenagement municipal comme suit : 1. A I'annexe A du plan d'amenagement municipal modifier la designation d'un terrain d'une superficie de 3,18 hectares identifies comme des NIDs 55146328, 55146310, et une partie du NID 55146302, qui passera de Parc ou aire naturelle, a Secteur stable, comme illustre ci-dessous ; 2. A I'annexe B du plan d'amenagement municipal modifier la designation d'un terrain d'une superficie de 3,18 hectares identifies comme des NIDs 55146328, 55146310, et une partie du NID 55146302, qui passera de Parc et aire naturelle, a Secteur commercial stable, comme illustre ci-dessous. '�'i. �'s� ._.sue :.- ��•e� .�__� .700w _ I I b �Z Wolastoq Park 1 Parc Wolastoq II II _ Simms PIDINID 55146362 Comer (portioNpartie) f I y� PIDINID �&W7� 55146316 ?r7�17.4 emu® PIDINID i m: 5514632 RAISON DE LA MODIFICATION: Afin de construire un stationnement commercial pour soutenir les activites d'entretien et de construction dans une installation industrielle de la region. ,yu�.�� f. �� tiiti�'•i Une presentation publique de la modification proposee aura lieu lors d'une reunion ordinaire du Conseil communal, qui aura lieu dans la salle du Conseil a ('hotel de ville, le mardi 1 octobre 2024. Les objections ecrites a la modification proposee peuvent titre presentees au Conseil, aux soins du soussigne, d'ici le jeudi 31 octobre 2024. Les demandes de renseignements peuvent titre presentees au Bureau du greffier municipal ou aux Services de croissance et de developpement communautaire, Hotel de ville, 15 carre 309 Market, Saint John (N.-B.), entre 8 h 30 et 18 h 00, du lundi au jeudi, inclusivement, jours feries exclus. Jonathan Taylor, greffier municipal (506) 658-2862 ou commonclerk@saintjohn.ca 310 Bevel Shop*pirent PLANNING BUILDING INFRASTRLJC.TURE SAAVT JO'rIlV onestop@saintjohn.ca Phone:658-2911 Fax:632-6199 General Application Form GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS: 7211 Lancaster Avenue (Wolastoq Park) PID#: 05103544, 05103560, 05103578 LU HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N D LL APPLICATION M DATE RECEIVED: Q Ln RECEIVED BY: APPLICANT EMAI L PHONE J.D. Irving Limited c/o Michelle Boyer boyer.michelle@irvingforest.com (506) 343-0301 z O MAILING ADDRESS POSTAL CODE Q 408 Mill Street, Saint John CONTRACTOR EMAIL PHONE O z — H MAILING ADDRESS POSTAL CODE z Q U J OWNER EMAIL PHONE Q J.D. Irving Limited MAILING ADDRESS POSTAL CODE PRESENT USE: Park PROPOSED USE: Park and Parking Area J BUILDING PLANNING INFRASTRUCTURE HERITAGE Q-INTERIOR �NEWCONSTRUCTION VARIANCE :STR E ET EX CAVATI 0 N HERITAGE DEVELOPMENT < Q �EXTERIORRENOVATION -]ACCESSORY � �PLANNINGLETTER �DRIVEWAYCULVERT HERITAGE SIGN ADDITION POOL OPAC APPLICATION DRAINAGE �HERITAGEINFILL J Q DECK DEMOLITION �COUNCILAPP WATER & SEWERAGE HERITAGE DEMO Y �CHANGE OFUSE SIGN SUBDIVISION OTHER OTHER v DMINIMUM STANDARDS OTHER OTHER U_ A rezoning is requested to facilitate a 500 stall parking lot on the eastern side of Wolastog Park. z The parking lot will support the ongoing NextGen project at the adjacent Irving Pulp & Paper site. O Y = O A special zone is requested to ensure the parking lut can be designed arid maintained to a park standard On keeping with Wolastoq Park Please see attached for site figUres and jUstification w report. A subdivision application is also submitted to consolidate the PIDs into two parcels, one for 0 the proposed parking area and one for Wolastoq Park. F-1I 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 This information is being collected in order for the City of Saint John to deliver an existing program / service, the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, the City of Saint John will not share your personal information with any third party without your express consent. The legal authorityfor 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 regarding the collection ofpersonal information, please contact the Access & Privacy Officer: City Hall Building 15 Market Square Saint John, NB E2L IE8 commonclerkCa)saintiohn.ca (506) 658-2862 The city of swim Cahn I, the undersigned, hereby apply for the permit(s) or approval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. Michelle Boyer Applicant Name Applicant Signature August 27, 2024 Date 31 IRVING Growth and Community Services City of Saint John 15 Market Square Saint John, NB E2L 4L1 J. D. Irving, Limited 300 Union Street Saint John, NB E2L 4Z2 Subject: Planning Justification Report for the Proposed Contractor Parking Area at Wolastoq Park - NextGen Project On behalf of J.D. Irving, Limited (JDI), I am pleased to submit the attached Planning Justification Report, prepared by Dillon Consulting Limited, in support of our application for an amendment to the City's Zoning By-law. This amendment is necessary to facilitate the development of a contractor parking area within Wolastoq Park as part of the NextGen modernization project at the Reversing Falls Mill. JDI is deeply committed to the communities in which we operate. JDI has a history of developing, maintaining and investing in park space in Saint John. JDI's stewardship of parks is demonstrated through the company's commitment to design, maintenance and ensuring a quality experience for users. Parks owned and operated by JDI in Saint John include: Irving Nature Park, Irving Children's Forest, Wolastoq Park, King Street East Children's Playground and Historical Park, Dever Road playground and Sheldon's Point. In addition, JDI has also made substantial investments in parks outside of those mentioned above, including the contribution to the phase one development of the Dominion Park Master Plan. Citizens of the greater Saint John region and thousands of visitors enjoy and benefit from these parks. The decision to reduce the size of Wolastoq Park to accommodate the necessary infrastructure for the NextGen project was not made lightly. It follows a careful and thorough analysis of all available options, balancing the greater public interest through economic development, workforce growth, and ensuring the health and safety of the public, contractors, and employees, particularly during the critical construction phase. As detailed in the attached report, we recognize the significance of Wolastoq Park to the community and are dedicated to enhancing the park's value through several key initiatives. These include the realignment and improvement of existing trails, the construction of new public stairs to Reversing Falls, new picnic areas and refurbished and relocated statues. These enhancements are designed to ensure that Wolastoq Park continues to serve as a treasured community asset. We will maintain the park to the high standards that the public has come to expect and appreciate, consistent with our longstanding history of managing park assets in Saint John. We believe that the proposed amendments and the associated improvements to Wolastoq Park will contribute positively to the City's goals of sustainable growth and community well-being, while also supporting the continued success of the Reversing Falls Mill as a key industrial facility in the region. Thank you for your consideration of this application. We look forward to working closely with the City of Saint John to ensure that the NextGen project benefits both the local economy and the broader community. 312 IRVING Yours sincerely, Mark Mosher Vice President, Pulp & Paper Division J.D. Irving, Limited August 27, 2024 J. D. Irving, Limited 300 Union Street Saint John, NB E2L 4Z2 313 i ill N J III T Z11 �IhP� rll I� o' lie Spo ,� to � — 1 EXISTING GAS MAIN BRIDGE RD 1W31�112lexelI aIa IIIi!I I ISSUED FOR: APPROVAL.j Pal N� ❑ — __— P - ❑ PROPOSED PEDESTRIAN BRIDGE PP DPP OVER BRIDGE ROAD 0 9 eI 2 x x PROPOSED LOW PROFILE WALKING PATH LIGHT STANDARDS L - I EXTENDED WOODEN GUIDE RAIL sr PUBLIC PARKING STALLS (26) PROPOSED PARKING PERIMETER LIGHT STANDARDS PROPOSED NEW TREES BETWEEN PARKING LOT 0 AND RING ROAD a REINSTATED PAVED ENTRANCE FOR PUBLIC USE PROPOSED VEHICLE SWING GATE z 0 PLAN VIEW —PARKING LOT a 0 10.0 2 0. 0 0 40.0 50.Om II 1:500 Z a a a RELOCATED & EXTENDED WALKING PATHS. OVERALL NET INCREASE OF 80m �Jr P/L . RELOCATED RING ROAD / V7GRAVEL PARKING LOT WITH 500 STALLS o is EXISTING PAVED ENTRANCE FOR CONTRACTOR PARKING EXISTING VEHICLE SWING GATE ICI I I I I I /I i I� 4�, w LANCASTER AVE. NOTES: 1. ALL DIMENSIONS ARE IN MILLIMETRES. 2. THE HORIZONTAL AND VERTICAL DATUM UTILIZED (NAD 83 AND HT2) PROJECT 3. ALL ELEVATIONS ARE IN GEODETIC METRES. NORTH 4. ALL CHAINAGES ARE IN METRES. 5. LOCATION OF EXISTING SERVICES, STRUCTURES AND BUILDINGS APPROXIMATE ONLY. 6. ALL FIELD SURVEY INFORMATION PROVIDED BY GULF OPERATORS, CFM, AND CBCL LIMITED. 7. TYPICAL TRENCH DETAIL, PIPE INSTALLATION, FITTINGS & STRUCTURES, ETC. REFER TO CITY OF SAINT JOHN SPECIFICATIONS. 8. SANITARY MANHOLES TO BE 10500 UNLESS OTHERWISE NOTED. 9. ALL WATER LINES LESS THAN 1.8m COVER TO BE INSULATED WITH 50mm THICK RIGID "STYROFOAM SM" BOARD. 10. ALL UTILITIES ARE TO BE LOCATED PRIOR TO CONSTRUCTION. 11. ALL POTABLE SERVICE PIPING IS TO BE INSTALLED BY A LICENSED SPRINKLER INSTALLER WITH A BRONZE CERTIFICATE. 12. ALL POTABLE SERVICE PIPING IS TO BE TESTED TO 200 PSI (1379 kPa). THE CONTRACTOR IS TO ENSURE THAT PROPER FLANGES, FITTINGS AND RESTRAINTS ARE USED. 13. ALL WATER MAIN FITTINGS INCLUDING TEES, BENDS, AND CAPS SHALL BE RESTRAINED USING THRUST BLOCK AND RESTRAINERS c/w CATHODIC PROTECTION AS PER CITY OF SAINT JOHN GENERAL SPECIFICATIONS. 14. PRIOR TO MAKING FINAL CONNECTIONS TO EXISTING WATER MAIN THE NEW WATER MAIN IS TO BE PRESSURE TESTED AND DISINFECTED. 15. ALL FITTINGS & PIPE DURING FINAL CONNECTION TO BE DISINFECTED AS PER AWWA C651 STANDARD. 16. ALL POTABLE WATER MAINS AND FITTINGS ARE TO CONFORM TO STANDARDS AS DESCRIBED BY THE NFPA13 STANDARD FOR THE INSTALLATION OF SPRINKLER SYSTEMS. LEGEND: PROPOSED EXISTING • SANITARY MANHOLE (SMH) O CATCH BASIN (CB) ❑ O■ STORM MANHOLE (STMH) O❑ MN SANITARY SEWER SAN !Y SANITARY FORCE MAIN FM sr STORM SEWER sT —w— — WATER MAIN W COMBINED SEWER cs CULVERT e ISOLATION VALVE (BUTTERFLY/GATE) Q CURB STOP e O VALVE IN CHAMBER 0 FIRE HYDRANT P/L PROPERTY LINE EAS, EASEMENT E/p EDGE OF PAVEMENT E/P ROAD SHOULDER G/R GUIDE RAIL G/R s/w SIDEWALK s/w curb CURB curb GRAVEL FOOTPATH mmmmmm= -I—I—I—I- RAILWAY TRACKS -IIII- -I—I—I—I- �III- ------ DITCH x FENCE x O/H OVERHEAD UTILITIES o/H u/G UNDERGROUND UTILITIES U/G E UNDERGROUND ELECTRICAL E E� QT ELECTRICAL / TELEPHONE MANHOLE ( OT DPP *UP eGP POWER, UTILITY, GUY POLES Opp OUP OGP ❑� LIGHT STANDARD ❑o SIGN O BENCH MARK 0' PROPERTY PIN BORE HOLE / TEST PIT BH #1 TP #1 CONTOUR 12.0 x.xxx GRADE SEDIMENT CONTROL FENCE SEDIMENT CONTROL BERM C JISSUED FOR APPROVAL AUG 21/24 PJS B RE —ISSUED FOR REVIEW AUG 14/24 PJS A ISSUED FOR REVIEW JUN 25/24 PJS Rev. Description Date By r IRVING. 7 Irving Forest Services, Limited PROPOSED PARKING PERIMETER LIGHT STANDARDS IRVING PULP AND PAPER RBI CONTRACTOR PARKING / CIVIL SITE LAYOUT & LANDSCAPING Q WOLASTOQ PARK — PARKING LOT Scale Drawn Designed Checked Approved AS NOTED PJS PJS TMc PJS Date Contract No PROPOSED NEW TREES - MAY 2024 xxx BETWEEN LANCASTER AVE AND PARKING LOT Drawing No Revision 242855.00 C01 C 314 V I o /ap r OR iJ Y C a a x x n i I zl a o � �11 till N J =11 T III Z11 <IhP� rll I� a OPP e I`' TING GAS MAIN 119.9 PUBLIC PARK ENTRANCE ISSUED FOR . - -- APPROVAL PLAN VIEW— PARKING LOT 0 10.0 20.0 — -i- .0 40.0 50.Om 1:500 Pi e D PEDESTRIAN BRIDGE E IDGE ROAD 10 0 S7 P/L P/L Q - ' fV fo Ln UI � O ,I 16.2 I` L a / / L OL / C- r r 1 r 5.0 a / 0 — GRAVEL PARk WITH 500 (51,019r M& CONTRACTOR PARKING ENTRANCE 00 ,I \ 7 CnFl IIII�1 II �II it I I I -I I I 1�- Idllllllllliii� .� o6 LANCASTER AVE. LZ o 33.9 35.0 NOTES: 1. ALL DIMENSIONS ARE IN MILLIMETRES. 2. THE HORIZONTAL AND VERTICAL DATUM UTILIZED (NAD 83 AND HT2) PROJECT 3. ALL ELEVATIONS ARE IN GEODETIC METRES. NORTH 4. ALL CHAINAGES ARE IN METRES. 5. LOCATION OF EXISTING SERVICES, STRUCTURES AND BUILDINGS APPROXIMATE ONLY. 6. ALL FIELD SURVEY INFORMATION PROVIDED BY GULF OPERATORS, CFM, AND CBCL LIMITED. 7. TYPICAL TRENCH DETAIL, PIPE INSTALLATION, FITTINGS & STRUCTURES, ETC. REFER TO CITY OF SAINT JOHN SPECIFICATIONS. 8. SANITARY MANHOLES TO BE 10500 UNLESS OTHERWISE NOTED. 9. ALL WATER LINES LESS THAN 1.8m COVER TO BE INSULATED WITH 50mm THICK RIGID "STYROFOAM SM" BOARD. 10. ALL UTILITIES ARE TO BE LOCATED PRIOR TO CONSTRUCTION. 11. ALL POTABLE SERVICE PIPING IS TO BE INSTALLED BY A LICENSED SPRINKLER INSTALLER WITH A BRONZE CERTIFICATE. 12. ALL POTABLE SERVICE PIPING IS TO BE TESTED TO 200 PSI (1379 kPa). THE CONTRACTOR IS TO ENSURE THAT PROPER FLANGES, FITTINGS AND RESTRAINTS ARE USED. 13. ALL WATER MAIN FITTINGS INCLUDING TEES, BENDS, AND CAPS SHALL BE RESTRAINED USING THRUST BLOCK AND RESTRAINERS c/w CATHODIC PROTECTION AS PER CITY OF SAINT JOHN GENERAL SPECIFICATIONS. 14. PRIOR TO MAKING FINAL CONNECTIONS TO EXISTING WATER MAIN THE NEW WATER MAIN IS TO BE PRESSURE TESTED AND DISINFECTED. 15. ALL FITTINGS & PIPE DURING FINAL CONNECTION TO BE DISINFECTED AS PER AWWA C651 STANDARD. 16. ALL POTABLE WATER MAINS AND FITTINGS ARE TO CONFORM TO STANDARDS AS DESCRIBED BY THE NFPA13 STANDARD FOR THE INSTALLATION OF SPRINKLER SYSTEMS. LEGEND: PROPOSED EXISTING • SANITARY MANHOLE (SMH) O CATCH BASIN (CB) ❑ O■ STORM MANHOLE (STMH) O❑ MN SANITARY SEWER SAN !Y SANITARY FORCE MAIN FM ff STORM SEWER ST —w— — WATER MAIN w COMBINED SEWER cs CULVERT e ISOLATION VALVE (BUTTERFLY/GATE) Q CURB STOP 0 O VALVE IN CHAMBER 0 FIRE HYDRANT P/L PROPERTY LINE EAS, EASEMENT E/p EDGE OF PAVEMENT E/P ROAD SHOULDER G/R GUIDE RAIL G/R S/w SIDEWALK S/w curb CURB curb GRAVEL FOOTPATH —I—I—I—I— RAILWAY TRACKS—I—I—I—I- -I—I—I—I——I—I—I—I- ------ DITCH --- x FENCE x O/H OVERHEAD UTILITIES o/H u/G UNDERGROUND UTILITIES U/G E UNDERGROUND ELECTRICAL E E@ QT ELECTRICAL / TELEPHONE MANHOLE OE OT DPP *UP eGP POWER, UTILITY, GUY POLES OPP OUp OGP ❑� LIGHT STANDARD ❑o SIGN —0 BENCH MARK 0' PROPERTY PIN BORE HOLE / TEST PIT BH #1 TP #1 CONTOUR 12.0 x.xxx GRADE SEDIMENT CONTROL FENCE (� SEDIMENT CONTROL BERM B JISSUED FOR APPROVAL AUG 21/24 PJS A ISSUED FOR REVIEW AUG 19/24 PJS Rev. Description Date By IRVING Irving Forest Services, Limited IRVING PULP AND PAPER RBI CONTRACTOR PARKING CIVIL SITE LAYOUT DIMENSIONS WOLASTOQ PARK — PARKING LOT Scale Drawn Designed Checked Approved AS NOTED PJS PJS TMc PJS Date Contract No MAY 2024 XXX Drawing No Revision 242855.00 CO3 B 315 N till ti J =11 T a �I / ! OPP e I`' TING GAS MAIN ao EXISTING OIL PIPELINE I L / f a I X: 0 i k opl— ISSUED FOR': APPROVAL Z 0 PLAN VIEW— PARKING LOT a 0 10.0 2 0. 0 �, m0 40.04 n 1:500 Z Z Y Pi a A a 7 P/L P/L Q fo I r-FET1 1� o 1, L I / ,1 \ STORM WATER MANAGEMENT WILL DETAIN INCREASED NET SITE RUNOFF FLOWS ON r / SITE PRIOR TO DISCHARGING TO THE NORT FINAL DESIGN TO FOLLOW CITY OF SAINT / — JOHN STORM WATER DESIGN CRITERIA _14 \ 46 / / \ N 2y A N o / I / N CV \ / . . . . _ REDUCED RUNOFF TO LANCASTER AVE IANCASTER AVE. PROJECT NORTH NOTES: 1. ALL DIMENSIONS ARE IN MILLIMETRES. 2. THE HORIZONTAL AND VERTICAL DATUM UTILIZED (NAD 83 AND HT2) 3. ALL ELEVATIONS ARE IN GEODETIC METRES. 4. ALL CHAINAGES ARE IN METRES. 5. LOCATION OF EXISTING SERVICES, STRUCTURES AND BUILDINGS APPROXIMATE ONLY. 6. ALL FIELD SURVEY INFORMATION PROVIDED BY GULF OPERATORS, CFM, AND CBCL LIMITED. 7. TYPICAL TRENCH DETAIL, PIPE INSTALLATION, FITTINGS & STRUCTURES, ETC. REFER TO CITY OF SAINT JOHN SPECIFICATIONS. 8. SANITARY MANHOLES TO BE 10500 UNLESS OTHERWISE NOTED. 9. ALL WATER LINES LESS THAN 1.8m COVER TO BE INSULATED WITH 50mm THICK RIGID "STYROFOAM SM" BOARD. 10. ALL UTILITIES ARE TO BE LOCATED PRIOR TO CONSTRUCTION. 11. ALL POTABLE SERVICE PIPING IS TO BE INSTALLED BY A LICENSED SPRINKLER INSTALLER WITH A BRONZE CERTIFICATE. 12. ALL POTABLE SERVICE PIPING IS TO BE TESTED TO 200 PSI (1379 kPa). THE CONTRACTOR IS TO ENSURE THAT PROPER FLANGES, FITTINGS AND RESTRAINTS ARE USED. 13. ALL WATER MAIN FITTINGS INCLUDING TEES, BENDS, AND CAPS SHALL BE RESTRAINED USING THRUST BLOCK AND RESTRAINERS c/w CATHODIC PROTECTION AS PER CITY OF SAINT JOHN GENERAL SPECIFICATIONS. 14. PRIOR TO MAKING FINAL CONNECTIONS TO EXISTING WATER MAIN THE NEW WATER MAIN IS TO BE PRESSURE TESTED AND DISINFECTED. 15. ALL FITTINGS & PIPE DURING FINAL CONNECTION TO BE DISINFECTED AS PER AWWA C651 STANDARD. 16. ALL POTABLE WATER MAINS AND FITTINGS ARE TO CONFORM TO STANDARDS AS DESCRIBED BY THE NFPA13 STANDARD FOR THE INSTALLATION OF SPRINKLER SYSTEMS. LEGEND: PROPOSED EXISTING • SANITARY MANHOLE (SMH) O CATCH BASIN (CB) ❑ O■ STORM MANHOLE (STMH) O❑ MN SANITARY SEWER SAN !Y SANITARY FORCE MAIN FM >R STORM SEWER ST —w— — WATER MAIN w COMBINED SEWER cs CULVERT e ISOLATION VALVE (BUTTERFLY/GATE) Q CURB STOP O O VALVE IN CHAMBER 0 FIRE HYDRANT P/L PROPERTY LINE EAS, EASEMENT E/P EDGE OF PAVEMENT E/P ROAD SHOULDER G/R GUIDE RAIL G/R S/w SIDEWALK S/w curb CURB curb ==== GRAVEL FOOTPATH mmm= —I—I—I—I— RAILWAY TRACKS —IIII— —I—I—I—I— IIII- ------ DITCH x FENCE x O/H OVERHEAD UTILITIES o/H u/G UNDERGROUND UTILITIES U/G E UNDERGROUND ELECTRICAL E E@ QT ELECTRICAL / TELEPHONE MANHOLE ( OT PP UP GP PP UP GP • • • POWER, UTILITY, GUY POLES O O O ❑� LIGHT STANDARD ❑o SIGN O BENCH MARK 0' PROPERTY PIN BORE HOLE / TEST PIT BH #1 TP #1 CONTOUR 12.0 x.xxx GRADE SEDIMENT CONTROL FENCE SEDIMENT CONTROL BERM C JISSUED FOR APPROVAL AUG 21/24 PJS B RE —ISSUED FOR REVIEW AUG 19/24 PJS A ISSUED FOR REVIEW JUN 25/24 PJS Rev. Description Date By IRVING Irving Forest Services,) Limited IRVING PULP AND PAPER RBI CONTRACTOR PARKING CIVIL STORM WATER WOLASTOQ PARK - PARKING LOT Scale Drawn Designed Checked Approved AS NOTED PJS PJS TMc PJS Date Contract No MAY 2024 XXX Drawing No Revision 242855.00 CO2 C 316 II1V 2 *Nil 1 z r �11 y Wt V I X�l - 10 a / 1� OR r OPP e I`' TING GAS MAIN 1 EXISTING OIL PIPELINE / CORNER: N= 7361977.783 E= 2532147.148 I / Q D 4 AW r a ` - LIMITS OF ROAD AND LOT CONSTRUCTION. - SEDIMENT CONTROL FENCING TO BE INSTALLED PRIOR TO CONSTRUCTION a a� r� t x. 6 V I NINE EXISTING STATUES TO BE REFURBISHED & RELOCATED WITHIN THE PARK ISSUED FOR': APPROVAL Q : Z PLAN VIEW— PARKING LOT z 0 Z 0 10.0 20.0 ,30.0 40.0 .50.0m a r n i 1:500 z z Z Y Pi CORNER: N= 7361831.402 E= 2532091.355 \ .Q e I� EXISTING PARK FEATURES THROUGHOUT THE PARK TO BE REFURBISHED INCLUDING TABLES, STATUES, & STAIRS to a a PROPOSED NEW PROPERTY LINE C r lVL LAIS I INU F• lUNIU IABLES TO BE REFURBISHED AND RELOCATED WITHIN THE PARK 7 CORNER: N= 7361923.05 E= 2532290.75 P/1 Ll11 V l.il1J I LI \ P1 V L. P/L- �X�X �x EXISTING GRAVEL PARKING LOT ---� To u�� a DID— cal - PROJECT NORTH NOTES: 1. ALL DIMENSIONS ARE IN MILLIMETRES. 2. THE HORIZONTAL AND VERTICAL DATUM UTILIZED (NAD 83 AND HT2) 3. ALL ELEVATIONS ARE IN GEODETIC METRES. 4. ALL CHAINAGES ARE IN METRES. 5. LOCATION OF EXISTING SERVICES, STRUCTURES AND BUILDINGS APPROXIMATE ONLY. 6. ALL FIELD SURVEY INFORMATION PROVIDED BY GULF OPERATORS, CFM, AND CBCL LIMITED. 7. TYPICAL TRENCH DETAIL, PIPE INSTALLATION, FITTINGS & STRUCTURES, ETC. REFER TO CITY OF SAINT JOHN SPECIFICATIONS. 8. SANITARY MANHOLES TO BE 10500 UNLESS OTHERWISE NOTED. 9. ALL WATER LINES LESS THAN 1.8m COVER TO BE INSULATED WITH 50mm THICK RIGID "STYROFOAM SM" BOARD. 10. ALL UTILITIES ARE TO BE LOCATED PRIOR TO CONSTRUCTION. 11. ALL POTABLE SERVICE PIPING IS TO BE INSTALLED BY A LICENSED SPRINKLER INSTALLER WITH A BRONZE CERTIFICATE. 12. ALL POTABLE SERVICE PIPING IS TO BE TESTED TO 200 PSI (1379 kPa). THE CONTRACTOR IS TO ENSURE THAT PROPER FLANGES, FITTINGS AND RESTRAINTS ARE USED. 13. ALL WATER MAIN FITTINGS INCLUDING TEES, BENDS, AND CAPS SHALL BE RESTRAINED USING THRUST BLOCK AND RESTRAINERS c/w CATHODIC PROTECTION AS PER CITY OF SAINT JOHN GENERAL SPECIFICATIONS. 14. PRIOR TO MAKING FINAL CONNECTIONS TO EXISTING WATER MAIN THE NEW WATER MAIN IS TO BE PRESSURE TESTED AND DISINFECTED. 15. ALL FITTINGS & PIPE DURING FINAL CONNECTION TO BE DISINFECTED AS PER AWWA C651 STANDARD. 16. ALL POTABLE WATER MAINS AND FITTINGS ARE TO CONFORM TO STANDARDS AS DESCRIBED BY THE NFPA13 STANDARD FOR THE INSTALLATION OF SPRINKLER SYSTEMS. LEGEND: PROPOSED EXISTING • SANITARY MANHOLE (SMH) O CATCH BASIN (CB) ❑ O■ STORM MANHOLE (STMH) O❑ MN SANITARY SEWER SAN !Y SANITARY FORCE MAIN FM ff STORM SEWER ST —w— — WATER MAIN w COMBINED SEWER cs CULVERT e ISOLATION VALVE (BUTTERFLY/GATE) Q CURB STOP e O VALVE IN CHAMBER 0 FIRE HYDRANT P/L PROPERTY LINE EAS, EASEMENT E/p EDGE OF PAVEMENT E/P ROAD SHOULDER G/R GUIDE RAIL G/R S/w SIDEWALK S/w curb CURB curb GRAVEL FOOTPATH mmmmmm= -I—I—I—I- RAILWAY TRACKS iIII- ------ DITCH ---- x FENCE x O/H OVERHEAD UTILITIES o/H u/G UNDERGROUND UTILITIES U/G E UNDERGROUND ELECTRICAL E E� QT ELECTRICAL / TELEPHONE MANHOLE ( OT DPP *UP eGP POWER, UTILITY, GUY POLES Opp OUP OGP ❑� LIGHT STANDARD ❑o SIGN O BENCH MARK 0' PROPERTY PIN BORE HOLE / TEST PIT BH #1 TP #1 CONTOUR 12.0 x.xxx GRADE -xfx—x—x�x- SEDIMENT CONTROL FENCE SEDIMENT CONTROL BERM C JISSUED FOR APPROVAL AUG 21/24 PJS B RE —ISSUED FOR REVIEW AUG 19/24 PJS A ISSUED FOR REVIEW JUN 25/24 PJS Rev. Description III Date By I IRVING Irving Forest Services,) Limited IRVING PULP AND PAPER RBI CONTRACTOR PARKING CIVIL EXISTING CONDITIONS WOLASTOQ PARK — PARKING LOT Scale Drawn Designed Checked Approved AS NOTED PJS PJS TMc PJS Date Contract No AUG 2024 XXX Drawing No Revision 242855.00 C00 C 317 III i T Q 10 ap 1100 e r oe / w P/L n e I� e I� e IV BRIDGE RD I SUED FOR: PPROVAL P N VIEW- PARKING LOT 0 10.0 20.0 — -i- .0 40.0 50.1 1:5001 `m71 I a CORNER: N= 7361977.783 E= 2532147.148 CORNER: N= 7361831.402 E= 2532091.355 PID: 55146302 OWNER: J. D. IRVING LIMITED EXISTING AREA = 59,636.78m2 Post Area = 39,208.68m2 P/L nonnncrrn AIMAI nonnCOTv I Mir- NEW AREA = 31,784.51 m2 LANCASTER AVE. /'\n MAICM. PID: 55146310 OWNER: J. D. IRVING LIMITED AREA = 7,421.87m2 A C. RIVERVIEW AVE PID: 55146328 OWNER: J. D. IRVING LIMITED AREA = 3,934.54m2 NOTES: 1. ALL DIMENSIONS ARE IN MILLIMETRES. 2. THE HORIZONTAL AND VERTICAL DATUM UTILIZED (NAD 83 AND HT2) PROJECT 3. ALL ELEVATIONS ARE IN GEODETIC METRES. NORTH 4. ALL CHAINAGES ARE IN METRES. 5. LOCATION OF EXISTING SERVICES, STRUCTURES AND BUILDINGS APPROXIMATE ONLY. 6. ALL FIELD SURVEY INFORMATION PROVIDED BY GULF OPERATORS, CFM, AND CBCL LIMITED. 7. TYPICAL TRENCH DETAIL, PIPE INSTALLATION, FITTINGS & STRUCTURES, ETC. REFER TO CITY OF SAINT JOHN SPECIFICATIONS. 8. SANITARY MANHOLES TO BE 10500 UNLESS OTHERWISE NOTED. 9. ALL WATER LINES LESS THAN 1.8m COVER TO BE INSULATED WITH 50mm THICK RIGID "STYROFOAM SM" BOARD. 10. ALL UTILITIES ARE TO BE LOCATED PRIOR TO CONSTRUCTION. 11. ALL POTABLE SERVICE PIPING IS TO BE INSTALLED BY A LICENSED SPRINKLER INSTALLER WITH A BRONZE CERTIFICATE. 12. ALL POTABLE SERVICE PIPING IS TO BE TESTED TO 200 PSI (1379 kPa). THE CONTRACTOR IS TO ENSURE THAT PROPER FLANGES, FITTINGS AND RESTRAINTS ARE USED. 13. ALL WATER MAIN FITTINGS INCLUDING TEES, BENDS, AND CAPS SHALL BE RESTRAINED USING THRUST BLOCK AND RESTRAINERS c/w CATHODIC PROTECTION AS PER CITY OF SAINT JOHN GENERAL SPECIFICATIONS. 14. PRIOR TO MAKING FINAL CONNECTIONS TO EXISTING WATER MAIN THE NEW WATER MAIN IS TO BE PRESSURE TESTED AND DISINFECTED. 15. ALL FITTINGS & PIPE DURING FINAL CONNECTION TO BE DISINFECTED AS PER AWWA C651 STANDARD. 16. ALL POTABLE WATER MAINS AND FITTINGS ARE TO CONFORM TO STANDARDS AS DESCRIBED BY THE NFPA13 STANDARD FOR THE INSTALLATION OF SPRINKLER SYSTEMS. LEGEND: PROPOSED EXISTING • SANITARY MANHOLE (SMH) O CATCH BASIN (CB) ❑ O■ STORM MANHOLE (STMH) O❑ MN SANITARY SEWER SAN !Y SANITARY FORCE MAIN FM >R STORM SEWER ST —w— — WATER MAIN w COMBINED SEWER cs CULVERT e ISOLATION VALVE (BUTTERFLY/GATE) Q CURB STOP e O VALVE IN CHAMBER 0 FIRE HYDRANT P/L PROPERTY LINE .'s. EASEMENT E/p EDGE OF PAVEMENT E/P ROAD SHOULDER G/R GUIDE RAIL G/R S/W SIDEWALK S/w curb CURB curb GRAVEL FOOTPATH mmmmmmm -I—I—I—I- -I—I—I—I- RAILWAY TRACKS -IIII- IIII- ------ DITCH x FENCE X O/H OVERHEAD UTILITIES o/H u/G UNDERGROUND UTILITIES U/G E UNDERGROUND ELECTRICAL E EO OT ELECTRICAL / TELEPHONE MANHOLE (D(D DPP *UP eGP POWER, UTILITY, GUY POLES Opp OUP OGP ❑� LIGHT STANDARD ❑o SIGN O BENCH MARK 0' PROPERTY PIN BORE HOLE / TEST PIT BH #1 TP #1 CONTOUR 12.0 x.xxx GRADE SEDIMENT CONTROL FENCE SEDIMENT CONTROL BERM A JISSUED FOR APPROVAL AUG 26/24 PJS Rev. Description Date By IRVING Irving Forest Services,) Limited mp IRVING PULP AND PAPER RBI CONTRACTOR PARKING CIVIL SUBDIVISION PLAN WOLASTOQ PARK — PARKING LOT Scale Drawn Designed Checked Approved AS NOTED PJS PJS TMc PJS Date Contract No MAY 2024 XXX Drawing No Revision 242855.00 C04 A 0 d4} . .t1�..: %%% 1_ • 1 �y A 1 ri r. fi i _ .. 7;- `' LA AW/L Ke � s F # y � s'!rF' '• r R!'� y',�=fie:"'}.i1���. �-- �+���'���"�.' _-�� r '4 kJ., 16 dW 1# ] - - f 1'.di wbo�2�_ — k _, ML;W a _- s s _ dw lw qjdW * Tag} oil `! dbL _ jm � A-Jppp- MEE " '"30 t L , LF -161_� Jr ; r AM, a. - "=Nampa dw �_ —�---