2007-06-18_Agenda Packet--Dossier de l'ordre du jour
City of Saint John
Common Council Meeting
Monday, June 18,2007
Committee of the Whole
1. Call to Order
5:00 p.m. 8th Floor Boardroom City Hall
1.1 Personal Matter 10.2(4)(b)
1.2 Proposed Agreement 10.2(4)(c)
1.3 Capital Contract Issue 10.2(4)(f)
1.4 Legal Proceedings 1 0.2( 4)(g)
Regular Meeting
1. Call to Order - Prayer
5:30 p.m. Council Chamber
2. Approval of Minutes
2.1 Approval of June 6, 2007 Minutes
3. Adoption of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 2007 Borrowing Resolution (Recommendation in Report)
5.2 Request for Funds - Canada Day Countdown (Recommendation: Refer to City
Manager)
5.3 Eric Teed Letter High Rise Development Policy (Recommendation: Receive
for Information)
5.4 Mispec Park Assoc Request for Amendment to Animal Control Bylaw
(Recommendation: Refer to City Manager)
5.5 Bill Brienza Letter Tmck Traffic Concerns Richmond St (Recommendation:
Refer to City Manager)
5.6 Saint John Police Force 2006 Operating Budget (Recommendation: Receive
for information)
5.7 Contract 2007-24 MacLaren Blvd (Taylor Ave to Sandy Point Rd) Street
Reconstmction (Recommendation in Report)
5.8 Contract 2007-22 Marsh St Valve and Chamber Renewals (Recommendation
in Report)
5.9 Contract 2007-2 Watennain Cleaning & Lining Phase 2 (Recommendation in
Report )
5.10 Contract 2007-30 Chip Seal 2007 (Recommendation in Report)
5.11 Millidgeville Wastewater Treatment Facility Grand Opening
(Recommendation in Report)
5.12 Easement PID 401539 (Recommendation in Report)
5.13 Public Hearing Date 233 Westmorland Rd (Recommendation in Report)
5.14 Amending Resolution 467-469 Rothesay Ave (Recommendation in Report)
6. Members Comments
7. Proclamation
8. Delegations / Presentations
9. Public Hearings
6:00 p.m.
9.1(a) Proposed Zoning By-law Amendment 37 Golden Grove Rd
9.1 (b) Planning Advisory Committee Recommending Approval
9.2(a) Proposed Section 39 Amendment 8-14 Simpson Dr
9.2(b) Planning Advisory Committee Recommending Approval
9.3(a) Prop sed Zoning By-law Amendment 69 Russell St with Letters of Support
9.3(b) Planning Advisory Committee Recommending Approval
9.4(a) Proposed Section 39 Amendment 400 Main St
9.4(b) Planning Advisory Committee Recommending Approval
9.5(a) Proposed Zoning By-law Amendment 10 Culloden Ct
9. 5(b) Planning Advisory Committee Recommending Approval
9.6(a) Proposed Section 39 Amendment 100 Prince Edward St
9. 6(b) Planning Advisory Committee Recommending Approval
9.7(a) Proposed Zoning By-law Amendment 921 Ashburn Rd
9.7 (b) Planning Advisory Committee Recommending Approval
9.8(a) Proposed Zoning By-law Amendment 937 Hillcrest Rd with Letter of
Objection
9. 8(b) Planning Advisory Committee Recommending Denial
10. Consideration of By-laws
10.1 Proposed Municipal Plan Amendment 1265-1285 Loch Lomond Rd
10.2 Proposed Municipal Plan Amendment 326-336 Latimore Lake Rd
10.3 Proposed Municipal Plan Amendment 103 Technology Dr
11. Submissions by Council Members
11.1 Pedestrian Walkways (Councillor Tait)
11.2 Need for Repairs at Loyalist House (Councillor White)
11.3 Wearing Red Ribbons on Fridays (Councillor Court)
11.4 Moto Cross Race Track West Side (Councillor Court)
11.5 Public Transit Fuel Tax Rebate (Councillor Titus)
11.6 Town Hall Meeting with Ability Advisory Committee (Councillor McGuire)
12. Business Matters - Municipal Officers
12.1 Proposed Rezoning 85 Hayes Ave
12.2 Town Hall Meeting - Disability Awareness
12.3 Understanding the Need: Safe, Clean Drinking Water
12.4 Award of Contract for Design Build of Skate Park
12.5 Retail Drive Upgrades
12.6(a) Contract 2007-32 Red Head Road Sanitary Forcemain
12.6(b) Contract 2007-32: Red Head Road Sanitary Forcemain, Water & Sewer
Mains, Slope Stabilization and Road Reconstmction
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1(a) Abel LeBlanc MLA re Exhibition Association
15 .1 (b) City Solicitor's Report re Exhibition Association
15.2 Mayor Bishop Letter Funding for Mulitplex Feasibility Analysis
16. Adjournment
City of Saint John
Seance du conseil communal
Le lundi 18 juin 2007
Comite plenier
1. Ouverture de la seance
17 h Salle de conference du Se etage de l'hotel de ville
1.1 Question relative au personnel- alinea 10.2(4)b)
1.2 Projet de convention - alinea 10.2(4)c)
1.3 Question relative aux contrats d'immobilisations - alinea 10.2(4)f)
1.4 Procedures judicia ires
Seance ordinaire
1. Ouverture de la seance, suivie de la priere
17 h 30 Salle du conseil
2. Approbation du proces-verbal
2. 1 Approbation du proces-verbal de la seance tenue Ie 6 juin 2007
3. Adoption de l'ordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises it l'approbation du conseil
5.1 Empnmt par voie de resolution pour 2007 (recommandation figurant au
rapport)
5.2 Demande de financement - compte a rebours pour la fete du Canada
(recommandation : transmettre au directeur general)
5.3 Lettre re<;ue de Eric Teed relative a la politique sur l'amenagement des
immeubles-tours (recommandation - accepter a titre informatif)
5.4 Demande presentee par l'association Mispec Park visant la modification de
l'arrete relatif au contr6le des animaux (recommandation : transmettre au directeur
general)
5.5 Lettre re<;ue de Bill Brienza relative aux preoccupations visant la circulation
des camions sur la me Richmond (recommandation : transmettre au directeur general)
5.6 Budget de fonctionnement 2006 du corps de police de Saint John
(recommandation : accepter a titre infonnatif)
5.7 Contrat nO 2007-24 relatifa la refection du boulevard MacLaren (depuis
l'avenue Taylor jusqu'au chemin Sandy Point) ((recommandation figurant au rapport)
5.8 Contrat nO 2007-22 relatif aux travaux de renouvellement des vannes et du
bassin de la me Marsh (recommandation figurant au rapport)
5.9 Contrat nO 2007-2 relatif a la phase 2 des travaux de nettoyage et de
revetement de la conduite d'eau principale (recommandation figurant au rapport)
5.10 Contrat nO 2007-30 relatif a la pause d'enduit superficiel pour 2007
(recommandation figurant au rapport)
5.11 Ouverture officielle de l'installation de traitement des eaux usees de
Millidgeville (recommandation figurant au rapport)
5.12 Servitude relative au NID 401539 (recommandation figurant au rapport)
5.13 Date de la tenue d'une audience publique relativement au 233, chemin
Westmorland (recommandation figurant au rapport)
5.14 Resolution modificatrice relative au 467-469, avenue Rothesay
(recommandation figurant au rapport)
6. Commentaires presentes par les membres
7. Proclamation
S. Delegations et presentations
9. Audience publiques
IS h
9.1a) Projet de modification de l'arrete de zonage visant Ie 37, chemin Golden
Grove
9.1b) Rapport du Comite consultatifd'urbanisme recommandant l'approbation
9.2a) Projet de modification des conditions imposees par l'article 39 visant Ie 8-
14, promenade Simpson
9.2b) RappOli du Comite consultatif d'urbanisme recommandant l'approbation
9.3a) Projet de modification de l'arrete de zonage relatif au 69, me Russell
accompagne de lettres d'appui
9.3b) Rapport du Comite consultatif d'urbanisme recommandant l'approbation
9.4a) Modification proposee aux conditions imposees en vertu de l'article 39
relativement au 400, me Main
9.4b) Rapport du Comite consultatif d'urbanisme recommandant l'approbation
9.5a) Projet de modification de l'arrete de zonage relatifau 10, impasse Culloden
9.5b) Rapport du Comite consultatif d'urbanisme recommandant l'approbation
9.6a) Modification proposee aux conditions imposees en vertu de l'article 39
relativement au 100, me Prince Edward
9.6b) RappOli du Comite consultatif d'urbanisme recommandant l'approbation
9.7a) Projet de modification de l'arrete de zonage visant Ie 921, chemin Ashburn
9. 7b) Rapport du Comite consultatif d'urbanisme recommandant l'approbation
9.8a) Projet de modification de l'arrete de zonage relatifau 937, chemin Hillcrest
accompagne de lettres d'opposition
9.8b) RappOli du Comite consultatif d'urbanisme recommandant Ie rejet
10. Etude des arretes municipaux
10.1 Projet de modification du plan municipal relatif au 1265-1285, chemin Loch
Lomond
10.2 Projet de modification du plan municipal relatif au 326-336, chemin
Latimore Lake
10.3 Projet de modification du plan municipal relatifau 103, promenade
Technology
11. Intervention des membres du conseil
11.1 V oies pietonnieres (conseiller T ait)
11.2 Travaux de reparation exiges a l'edifice Loyalist House ( conseiller White)
11.3 Port d'un mban rouge Ie vendredi (conseiller Court)
11.4 Piste de moto-cross dans Ie quartier ouest (conseiller Court)
11.5 Remboursement de la taxe sur l'essence pour Ie service de transport en
commun (conseiller Titus).
11.6 Assemblee publique locale de concert avec l'Ability Advisory Committee
[comite consultatif sur les personnes habiles] (conseiller McGuire)
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Projet de rezonage relatif au 85, avenue Hayes
12.2 Assemblee publique locale visant la sensibilisation a la situation des
personnes handicapees (conseiller McGuire)
12.3 Reconnaissance des besoins en matiere d'eau potable saine
12.4 Octroi du contrat relatif a la conception et au pilotage de l'amenagement du
planchodrome
12.5 Travaux de modernisation sur la promenade Retail
12.6a) Contrat nO 2007-32 relatif ala conduite de refoulement sanitaire du chemin
Red Head
12.6b) Contrat nO 2007-32 relatif aux travaux visant la conduite de refoulement
sanitaire, les conduites d'eau et d'egouts, la stabilisation de la pente et la refection du
chemin Red Head
13. Rapports deposes par les comites
14. Etude des sujets ecartes des questions soumises it l'approbation du conseil
15. Correspondance genera Ie
15.1a) Abel LeBlanc, depute, relativement a l'association d'expositions
15 .1 b) Rapport de l'avocat municipal relatif a l'association d'expositions
15.2 Lettre re<;ue du maire Bishop relative au financement de l'analyse de
faisabilite visant Ie centre multiplex
16. ClOture de la seance
present
Norman McFarlane, Mayor
Councillors Chase, Court, Farren, Ferguson, McGuire, Tait, Titus
and White
- and -
1. Totten, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; P. Groody,
Commissioner of Municipal Operations; J. Baird, Commissioner
of Planning and Development; W. Edwards, Commissioner of
Buildings and Inspection Services; W. Reid, Deputy Chief of
Police; R. Simonds, Fire Chief, P. Woods, Common Clerk and
Deputy City Manager; and E. Gormley, Assistant Common Clerk
SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN
A L'HOTEL DE VILLE, LE 6 JUIN 2007 A 17 H
Sont presents:
Norman McFarlane, maire
Les conseillers Chase, Court, Farren, Ferguson, McGuire, Tait,
Titus et White
et
1. Totten, directeur general; J. Nugent, avocat municipal; Greg
Yeomans, commissaire aux finances et tresorier; P. Groody,
commissaire aux operations municipales; J. Baird, commissaire a
I'urbanisme et au developpement; W. Edwards, commissaire aux
services d'inspection et des batiments; W. Reid, chef de police
adjoint; R. Simonds, chef du service d'incendie, P. Woods,
greffier communal et directeur general adjoint; ainsi que
E. Gormley, greffiere communale adjointe.
1. Call To Order - Prayer
Mayor McFarlane called the meeting to order and Rev. Edward Powell of Grand Bay
Baptist Church offered the opening prayer.
1. Ouverture de la seance, suivie de la priere
La seance est ouverte par Ie maire McFarlane. Le reverend Edward Powell, pasteur de
I'eglise Grand Bay Baptist Church, recite la priere d'ouverture.
1.1 Environmental Awards
Christine Saumure, Chair of the Environment Committee, Mayor McFarlane and
Councillor Court presented the 2007 Environmental Awards as listed in the submitted
report from the Committee.
1.1 Prix du Comite sur I'environnement
Christine Saumure, presidente du Comite sur I'environnement, Ie maire McFarlane et Ie
conseiller Court presentent les prix du Comite sur I'environnement pour 2007, tels qu'ils
sont indiques au rapport soumis par ce comite.
1.2 Vision 2015 Update
Referring to a submitted electronic slide presentation, Andrew Beckett, Deputy City
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Referring to a submitted electronic slide presentation and submitted report, Christine
Saumure introduced Susan Atkinson, Vice Chair of the Environment Committee, who
reviewed the Principles of Sustainable Communities, based on the Melbourne Principles,
which are outlined in the submitted report.
On motion of Councillor Tait
Seconded by Councillor McGuire
RESOLVED that the reports from the Vision 2015
Committee and the Environment Committee be referred to the City Manager for a report
back to Council.
Question being taken, the motion was carried.
On motion of Councillor Farren
Seconded by Councillor Ferguson
RESOLVED that Chartwell return for a presentation
to the Committee and further consultation.
Question being taken, the motion was defeated with the Mayor and
Councillors McGuire, Tait, Titus and White voting nay.
1.2 Mise a jour relative a la Vision 2015
Se reportant a une presentation electronique de diapositives, Andrew Beckett, directeur
general adjoint, charge des programmes et des priorites, presente les faits saillants de la
Vision 2015, des son origine, fondes sur un examen operationnel, I'importance de
I'engagement du public et les besoins en matiere de planification municipale strategique;
et donne un aperyu de la concretisation de la vision en exploit efficace, transparent et
responsable.
Christine Saumure presente Susan Atkinson, vice-presidente du Comite sur
I'environnement, qui se reporte a une presentation electronique de diapositives et au
rapport soumis afin de donner un aper<;u des principes de durabilite des collectivites,
suivant Ie modele de principes de Melbourne, soulignes au rapport presente.
Proposition du conseiller Tait
Appuyee par Ie conseiller McGuire
RESOLU que les rapports presentes par Ie Comite
sur la Vision 2015 et Ie Comite sur I'environnement soient transmis au directeur general
aux fins de rapport a I'intention du conseil.
A I'issue du vote, la proposition est adoptee.
Proposition du conseiller Farren
Appuyee par Ie conseiller Ferguson
RESOLU qu'un representant de Chartwell donne a
nouveau une presentation devant Ie comite et offre davantage de conseils.
A I'issue du vote, la proposition est rejetee. Le maire et les conseillers
McGuire, Tait, Titus et White votent contre la proposition.
2. Approval of Minutes
2.1 Approval of May 22, 2007 Minutes
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the minutes of the meeting of
Common Council, held on May 22,2007 be approved.
Question being taken, the motion was carried.
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the minutes of the meeting of
Common Council, held on May 28, 2007, be approved.
Question being taken, the motion was carried.
2. Approbation du proces-verbal
2.1 Approbation du proces-verbal du 22 mai 2007
Proposition du conseiller Titus
Appuyee par Ie conseiller McGuire
RESOLU que Ie proces-verbal de la seance du
conseil communal tenue Ie 22 mai 2007 so it approuve.
A I'issue du vote, la proposition est adoptee.
2.2 Approbation du proces-verbal du 28 mai 2007
Proposition du conseiller Titus
Appuyee par Ie conseiller McGuire
RESOLU que Ie proces-verbal de la seance du
conseil communal tenue Ie 28 mai 2007 so it approuve.
A I'issue du vote, la proposition est adoptee.
3. Approval of Agenda
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the agenda of this meeting be
approved.
Question being taken, the motion was carried.
3. Adoption de I'ordre du jour
Proposition du conseiller Titus
Appuyee par Ie conseiller McGuire
RESOLU que I'ordre du jour de la presente seance
so it adopte.
A I'issue du vote, la proposition est adoptee.
4. Disclosures of Conflict of Interest
4. Divulgations de conflits d'interets
5. Consent Agenda
5.1 That the letter of resignation from Edward Keyes from the Board of Saint John
Energy be referred to the Nominating Committee and a letter of thanks be sent to Mr.
Keyes.
5.2 That the letter from Saint John Industrial Parks informing Council of vacant
positions on the Board, be referred to the Nominating Committee.
5.3 That the thank you letter from CNIB regarding accessibility and the positive step
the City has put forward benefiting the citizens of Saint John be received for information.
5.4 That as recommended by the City Manager, Contract 2007-33: Prince Street
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5.5 That as recommended by the City Manager, Contract No. 2007-29: Expanded
Asphalt Stabilization - 2007, be awarded to the low tenderer, Industrial Cold Milling, at
the tendered price of $462,111.25 as calculated based upon estimated quantities, and
further that the Mayor and Common Clerk be authorized to execute the necessary
contract documents.
5.6 That as recommended by the City Manager, the proposals submitted by Controls
and Equipment Limited for the supply and installation of a ventilation system at a total
cost of $27,600. plus tax, in the administration area and a Building Automation System in
the amount of $33,800. plus tax, in the mechanical garage section of the Fleet Services
area of the Rothesay Ave. Complex, be accepted.
5.7 That as recommended by the City Manager, the proposal submitted by Techno
Feu Inc., of Quebec, on behalf of E-One Canada Inc. for the supply of one only 2007
Fire Department tanker truck in the amount of $214,609.28 plus tax, be accepted.
5.8 That as recommended by the City Manager, the City accept the proposal
submitted by Leica GeoSystems for the purchase of its model GX1230 Rover GPS
Survey Package at a cost of $28,000. plus tax.
5.9 That as recommended by the City Manager, Common Council approve the
additional fee of $32,688. from GEMTEC Limited to provide additional engineering
consulting services outlined in this report for the Howes Lake Landfill closure for 2007.
5.10 That as recommended by the City Manager, Council approve the submission of
Roadway Systems Limited for the supply and installation of the new lighting system and
service entrance for the Allison Grounds field in the amount of $362,600. plus HS1.
5.11 That as recommended by the City Manager, the tender in the amount of
$102,966., plus tax, for the supply and installation of a new roof at the Hilton Belyea
Arena be awarded to the low bidder Flynn Canada of Dieppe, NB as indicated on the
submitted summary of bids.
5.12 That as recommended by the City Manager:
WHEREAS the Common Council of The City of Saint John has enacted certain By-laws
pursuant to the authority of the Municipalities Act of the Province of New Brunswick,
including its Animal Control By-law, and it may from time to time be necessary to
commence proceedings in court when a person has contravened or failed to comply with
such By-laws;
AND WHEREAS section 101 of the Municipalities Act provides that proceedings for the
breach of a By-law shall be commenced in the name of the clerk of the municipality or
such other person as is designated for that purpose by the Council;
AND WHEREAS section 14(1) of the Police Act of New Brunswick provides that a
Council may appoint persons as By-law enforcement officers for that municipality.
RESOLVED that David Crawford is hereby appointed as a By-law enforcement officer
with respect to the enforcement of the Saint John Animal Control By-law. This
appointment shall continue until he ceases to be employed in the City's Buildings and
Inspection Services Department or until it is rescinded by Common Council, whichever
comes first;
BE IT FURTHER RESOLVED that David Crawford is also hereby designated and
authorized to lay Informations in the Provincial Court of New Brunswick with respect to
violations of the Saint John Animal Control By-law. This designation and authorization
shall continue until he ceases to be employed in the City's Buildings and Inspection
Services Department or until it is rescinded by Common Council, whichever comes first.
5.13 That as recommended by the City Manager, Common Council appoint another
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appointed a Standards Inspector. The appointment shall continue for so long as the
person is employed by The City of Saint John in its Buildings and Inspection Services
Department or until the appointment is cancelled by Common Council.
5.14 That as recommended by the City Manager, Common Council schedule the
Public Hearing for the rezoning application of Faye Adams (178 Bridge Street) for
Tuesday, July 3,2007 at 7:00 p.m. in the Council Chamber.
5.15 That as recommended by the City Manager, Common Council rescind its
resolution dated April 23, 2007 contained in M & C #2007-113. and The City of Saint
John sell 51-59 Metcalf Street (PID Numbers 376756 and 376764) to Rehabitat Inc. for
$5,000. (plus HST, if applicable) on or before December 31,2007, conditional upon
Rehabitat Inc. providing The City of Saint John confirmation of funding for the
development; and that the Mayor and Common Clerk be authorized to sign any
necessary documents required to finalize this transaction.
5.16 That as recommended by the City Manager, The City of Saint John grant two
Licenses to Atlantic Coastal Action Program (ACAP) Saint John Inc. under the terms and
conditions contained in the Licenses submitted with M&C 2007-168 and that the Mayor
and Common Clerk are authorized to execute the Licenses.
5.17 That the report on three-dimensional building data software, a tool for evaluating
proposed developments and detailing all the required specifications, be received for
information.
5.18 That the letter from the Students' Representative Council of UNBSJ advising
Council on the newly elected Council members for the year 2007-2008, be received for
information.
On motion of Councillor Titus
Seconded by Councillor White
RESOLVED that the recommendation set out for
each consent agenda item respectively, be adopted.
Question being taken, the motion was carried.
5. Questions soumises a I'approbation du conseil
5.1 Resolu que la lettre de demission reyue de Edward Keyes, en vue de se
demettre de ses fonctions au sein du conseil d'administration de Saint John Energy, soit
transmise au Comite des candidatures et qu'une lettre de remerciements lui so it
envoyee.
5.2 Resolu que la lettre reyue de Saint John Industrial Parks [parcs industriels de
Saint John], avisant Ie conseil de certains postes vacants au conseil, so it transmise au
Comite des candidatures.
5.3 Resolu que la lettre de remerciements reyue de I'INCA relative a la question
d'accessibilite et aux demarches positives entreprises par la Ville pour beneficier aux
citoyens de Saint John, so it acceptee a titre informatif.
5.4 Resolu que, comme Ie recommande Ie directeur general, Ie contrat nO 2007-33,
relatif a I'installation des egouts pluviaux sur la rue Prince et la construction de trottoirs
et de bordures sur Ie chemin Westmorland, soit accorde au soumissionnaire Ie moins-
disant, Valley Excavation Services Inc., au prix offert de 369 738,70 $, etabli a partir de
quantites estimatives et, de plus, que Ie maire et Ie greffier communal soient autorises a
signer toute documentation contractuelle requise.
5.5 Resolu que, comme Ie recommande Ie directeur general, Ie contrat nO 2007-29,
relatif a la stabilisation de I'asphalte expanse pour 2007, so it accorde au
soumissionnaire Ie moins disant, Industrial Cold Milling, au prix offert de 462 111,25 $,
etabli a partir de quantites estimatives et, que Ie maire et Ie greffier communal soient
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d'un systeme de ventilation, au prix total de 27 600 $, taxes en sus, dans les bureaux
administratifs et un systeme de controle automatique de batiments, au montant de
33 800 $, taxes en sus, dans Ie garage mecanique du parc automobile situe au
complexe de I'avenue Rothesay, soient acceptees.
5.7 Resolu que, comme Ie recommande Ie directeur general, la proposition
presentee par Techno Feu Inc. de Quebec, au nom de E-One Canada Inc., relative a la
fourniture d'un seul camion-citerne a eau de I'annee 2007, pour Ie service d'incendie, au
montant de 214 609,28 $, taxes en sus, soit acceptee.
5.8 Resolu que, comme Ie recommande Ie directeur general, la Ville accepte la
proposition presentee par Leica GeoSystems relative a I'acquisition d'un systeme
d'arpentage GPS sans fil, modele GX1230, au prix de 28000 $, taxes en sus.
5.9 Resolu que, comme Ie recommande Ie directeur general, Ie conseil communal
approuve Ie versement a GEMTEC Limited des frais supplementaires au montant de
32 688 $ pour les services consultatifs en ingenierie soulignes au present rapport
relativement a la fermeture du site d'enfouissement du lac Howes en 2007.
5.10 RESOLU que, comme Ie recommande Ie directeur general, Ie conseil approuve
la soumission de Roadway Systems Limited relative a la fourniture et a I'installation du
nouveau systeme d'eclairage et du branchement d'abonne au terrain de jeux Allison, au
montant de 362 600 $, TVH en sus.
5.11 RESOLU que, comme Ie recommande Ie directeur general, la soumission au
montant de 102 966 $, TVH en sus, relative a la fourniture et a I'installation d'un
nouveau toit a I'arena Hilton Belyea, soit accordee au soumissionnaire Ie moins-disant,
Flynn Canada de Dieppe, N.-B., comme I'indique Ie sommaire des soumissions
presente.
5.12 Le directeur general recommande I'adoption de la resolution suivante :
A TTENDU que Ie conseil communal de The City of Saint John a edicte certains arretes
municipaux en vertu de la Loi sur les municipalites de la province du Nouveau-
Brunswick, y compris I'arrete relatif aux animaux, et qu'il serait necessaire, de temps a
autre, d'entamer des procedures judiciaires, lorsqu'une personne viole les conditions de
ces arretes ou neglige de les respecter;
ET ATTENDU que I'article 101 de la Loi sur les municipalites prevoit que les procedures
relatives a une infraction a I'encontre de I'arrete doivent etre entamees au nom du
greffier de la municipalite ou de toute autre personne designee a ces fins par Ie conseil;
ET ATTENDU que Ie paragraphe 14(1) de la Loi surla police du Nouveau-Brunswick
prevoit qu'un conseil municipal est habilite a nom mer des personnes a titre d'agents
charges de I'execution des arretes municipaux;
RESOLU que David Crawford est, par les presentes, nom me agent charge de
I'execution des arretes municipaux visant I'application de I'arrete relatif aux animaux.
Cette affectation demeurera en vigueur aussi longtemps que celui-ci sera a I'emploi du
Service d'inspection et des batiments de la Ville ou jusqu'au moment ou ce poste est
aboli par Ie conseil communal, selon la premiere eventualite;
IL EST DE PLUS RESOLU que David Crawford soit, par les presentes, designe comme
personne autorisee, a deposer aupres de la Cour provincia Ie du Nouveau-Brunswick
des denonciations relatives aux infractions commises a I'encontre de I'arrete relatif aux
animaux de The City of Saint John. Cette designation et I'autorisation correspondante
demeureront en vigueur aussi longtemps que celui-ci sera a I'emploi du Service
d'inspection et des batiments de la Ville ou jusqu'au moment ou ce poste est aboli par Ie
conseil communal, selon la premiere eventualite.
5.13 RESOLU que, comme Ie recommande Ie directeur general, Ie conseil communal
nom me un inspecteur des normes supplementaire au moyen de I'adoption de la
resolution presentee.
RESOLU qu'en vertu de I'article 5 de I'arrete sur les normes minimales regissant
conseil communal n'annulera pas la nomination.
5.14 RESOLU que, comme Ie recommande Ie directeur general, Ie conseil communal
fixe la date d'une audience publique au mardi 3 juillet 2007 a 19 h dans la salle du
conseil relativement a la demande de rezonage presentee par Faye Adams visant Ie
178, rue Bridge.
5.15 RESOLU que, comme Ie recommande Ie directeur general, The City of Saint
John revoque la resolution adoptee Ie 23 avril 2007 annexee au contrat nO MC 2007-113
et procede a la vente des biens-fonds situes au 51-59, rue Metcalf (NID 376756 et
376764) a Rehabitat Inc., au montant de 5 000 $ (TVH en sus, Ie cas echeant) au plus
tard Ie 31 decembre 2007, sous reserve de la presentation par Rehabitat Inc., a The City
of Saint John, de la confirmation d'obtention du financement necessaire pour Ie projet
d'amenagement, et que Ie maire et Ie greffier communal soient autorises a signer to ute
documentation exigee afin de conclure ladite transaction.
5.16 RESOLU que, comme Ie recommande Ie directeur general, The City of Saint
John cede deux permis a Atlantic Coastal Action Programme (ACAP) Saint John Inc.,
sous reserve des modalites prevues aux permis presentes avec Ie contrat nO MC 2007-
168, et que Ie maire et Ie greffier communal soient autorises a signer lesdits perm is.
5.17 RESOLU que Ie rapport relatif au logiciel de donnees de construction en format
tridimensionnel, un outil destine a I'evaluation des projets d'amenagement comportant
tous les details sur les specifications exigees, soit accepte a titre informatif.
5.18 RESOLU que la lettre reyue du conseil representatif des etudiants de I'UNBSJ,
soumettant au conseil municipal Ie nom des membres nouvellement elus a son conseil
representatif pour I'annee 2007-2008, soit acceptee a titre informatif.
Proposition du conseiller Titus
Appuyee par Ie conseiller White
RESOLU que la recommandation de chaque point
de I'ordre du jour necessitant I'approbation du conseil so it adoptee.
A I'issue du vote, la proposition est adoptee.
6. Members Comments
6. Commentaires presentes par les membres
7. Proclamation
7.1 The Mayor proclaimed June 10, 2007 as "Rich Hanson Wheels In Motion Day" in
the City of Saint John.
7.2 The Mayor proclaimed the week of June 14, 2007 as "National Blood Donor
Week" in the City of Saint John.
7. Proclamation
7.1 Le maire declare que Ie 10 juin 2007 est la << Journee Rick Hansen, Rouler vers
demain >> dans The City of Saint John.
7.2 Le maire declare la semaine du 14 juin 2007 la Semaine nationale des donneurs
de sang dans The City of Saint John.
8. Delegations/Presentations
8. Delegations et presentations
9. Public Hearings 7:00 P.M.
~ Allrlij:>n"'j:>~ n1lhlinllj:>~ il 1 ~ h
10.1 Proposed Municipal Plan Amendment - Secondary Access Road to Red
Head Area
On motion of Councillor White
Seconded by Councillor Farren
RESOLVED that the Proposed Municipal Plan
Amendment - Secondary Access Road to Red Head Area be referred to the Planning
Advisory Committee for a report and recommendation and authorize the necessary
advertising with a Public Hearing to be held on Monday, July 16,2007 at 7:00 p.m. in the
Council Chamber.
Question being taken, the motion was carried.
10. Etude des arretes municipaux
10.1 Presentation publique relative au projet de modification du plan municipal
visant la voie d'acces secondaire en direction de la region Red Head
Proposition du conseiller White
Appuyee par Ie conseiller Farren
RESOLU que Ie projet de modification du plan
municipal relatif a la voie d'acces secondaire en direction de la region Red Head, so it
transmis au Comite consultatif d'urbanisme en vue de I'etablissement d'un rapport et de
la presentation de recommandations, que la publication des avis exiges soit autorisee et
qu'une audience publique ait lieu Ie lundi 16 juillet 2007, a 19 h, dans la salle du conseil.
A I'issue du vote, la proposition est adoptee.
10.2 Third Reading By-law Number M-13, A By-Law to Amend a By-law
Respecting the Control of Dogs and Cats
On motion of Councillor White
Seconded by Councillor Farren
RESOLVED that the by-law entitled, "By-law
Number M-13, A By-Law to Amend a By-law Respecting the Control of Dogs and Cats in
the City of Saint John Made Under the Authority of Section 96 of the Municipalities Act",
repealing Section 9(3) and substituting the following: "9(3) A person who fails to comply
with any other provision of this by-law commits an offence and is liable to a fine of not
less than $250. and not more than $500.", be read.
Question being taken, the motion was carried.
The by-law entitled, "By-law Number M-13, A By-Law to Amend a By-law Respecting the
Control of Dogs and Cats in the City of Saint John Made Under the Authority of Section
96 of the Municipalities Act" was read in its entirety.
On motion of Councillor White
Seconded by Councillor Farren
RESOLVED that the by-law entitled, "By-law
Number M-13, A By-Law to Amend a By-law Respecting the Control of Dogs and Cats in
the City of Saint John Made Under the Authority of Section 96 of the Municipalities Act",
repealing Section 9(3) and substituting the following: "9(3) A person who fails to comply
with any other provision of this by-law commits an offence and is liable to a fine of not
less than $250. and not more than $500.", be read a third time, enacted and the
Corporate Common Seal affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the by-law entitled, "By-law Number M-13, A By-Law to Amend
a By-law Respecting the Control of Dogs and Cats in the City of Saint John Made Under
the Authority of Section 96 of the Municipalities Act".
Proposition du conseiller White
Appuyee par Ie conseiller Farren
RESOLU que I'arrete intitule<< Arrete nO M-13
modifiant I'arrete concernant Ie controle des chiens et des chats dans The City of
Saint John, edicte en vertu de I'article 96 de la Loi sur les municipalites >>, abrogeant Ie
paragraphe 9(3) et Ie remplayant par ce qui suit: << 9(3) Toute personne qui omet de se
conformer a toute autre disposition du present arrete commet une infraction et est
passible d'une amende d'au moins 250 $ et d'au plus 500 $ >>, fasse I'objet d'une lecture.
A I'issue du vote, la proposition est adoptee.
RESOLU que I'arrete intitule << Arrete nO M-13 modifiant I'arrete concernant Ie controle
des chiens et des chats dans The City of Saint John, edicte en vertu de I'article 96 de la
Loi sur les municipalites >>, est lu integralement.
Proposition du conseiller White
Appuyee par Ie conseiller Farren
RESOLU que I'arrete intitule << Arrete nO M-13
modifiant I'arrete concernant Ie controle des chiens et des chats dans The City of Saint
John, edicte en vertu de I'article 96 de la Loi sur les municipalites >>, abrogeant Ie
paragraphe 9(3) et Ie remplayant par ce qui suit: << 9(3) Toute personne qui omet de se
conformer a toute autre disposition du present arrete com met une infraction et est
passible d'une amende d'au moins 250 $ et d'au plus 500 $ >>, fasse I'objet d'une
troisieme lecture, que ledit arrete soit edicte et que Ie sceau communal y so it appose.
A I'issue du vote, la proposition est adoptee.
Troisieme lecture par titre de I'arrete intitule <<Arrete nO M-13 modifiant I'arrete
concernant Ie controle des chiens et des chats dans The City of Saint John, edicte en
vertu de I'article 96 de la Loi sur les municipalites >>.
11. Submissions by Council Members
11.1 Traffic Light Pre-emption Systems
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the letter from Councillor Titus
regarding traffic light pre-emption systems be referred to the City Manager for research,
with input from the stakeholders, and report back to council explaining some of the
concepts involved in the traffic light systems.
Question being taken, the motion was carried.
11. Intervention des membres du conseil
11.1 Systemes de priorite routiere
Proposition du conseiller Titus
Appuyee par Ie conseiller McGuire
RESOLU que la lettre presentee par Ie conseiller
Titus relative aux systemes de priorite routiere soit transmise au directeur general aux
fins de recherche, avec la collaboration des parties interessees et qu'il fasse un compte
rendu au conseil en vue de souligner certains concepts lies aux systemes de priorite
routiere.
A I'issue du vote, la proposition est adoptee.
11.2 Automatic Vehicle Locater System
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the letter from Councillor Titus
regarding Automatic Vehicle Locator System (A VL) for Saint John Transit, be referred to
the City Manager to examine the possibility of city departments/ commissions partnering
'.,:........ C'_:.......... 1_............ T...__...:......_ _,,,.......1_..._ __,.....:1.-..1_ h.___~:......
Proposition du conseiller Titus
Appuyee par Ie conseiller McGuire
RESOLU que la lettre reyue du conseiller Titus,
relative aux systemes de localisation automatique de vehicules destines a I'usage de la
Commission des transports de Saint John, soit transmise au directeur general pour qu'il
evalue la pertinence de la creation d'un partenariat entre les commissions et les services
municipaux et la Commission des transports de Saint John afin d'etudier les avantages
eventuels.
A I'issue du vote, la proposition est adoptee.
13. Committee Reports
13.1 Streekraft (1997) Ltd. - 836 Norris Road - Subdivision
On motion of Councillor White
Seconded by Councillor Titus
RESOLVED that Common Council:
1. assent to a subdivision plan for the initial 5 lots of the proposed development as
generally illustrated on the submitted Streekraft (1997) Ltd., Norris Road Tentative
Subdivision Plan, dated April 12, 2007 and to any required municipal services or public
utility easements.
2. accept cash-in-lieu of Land for Public Purposes equal to 6% of the market value of the
proposed lots, and
3. authorize the preparation and execution of a City/Development Subdivision
Agreement(s) to ensure provision of the required work, including detailed drainage plans
for the approval of the Chief City Engineer or his designate.
Question being taken, the motion was carried.
13. Rapports deposes par les comites
13.1 Streekraft (1997) Ltd. - lotissement au 836, chemin Norris
Proposition du conseiller White
Appuyee par Ie conseiller Titus
RESOLU que Ie conseil communal:
1. autorise un plan de lotissement pour les 5 premiers lots du projet d'amenagement,
comme Ie montre de maniere generale Ie plan de lotissement provisoire depose par
Streekraft (1997) Ltd. date du 12 avril 2007, et to ute servitude de services municipaux
ou d'entreprise de service public exigee;
2. accepte une compensation monetaire pour Ie terrain d'utilite publique d'un montant
egal a 6 % de la valeur marchande des lots vises;
3. autorise la redaction et la signature d'un ou plusieurs contrats de lotissement entre la
Ville et Ie promoteur afin de permettre I'execution des travaux requis, notamment en ce
qui concerne I'elaboration de plans de drainage detailles soumis a I'approbation de
I'ingenieur municipal en chef ou son representant.
A I'issue du vote, la proposition est adoptee.
13.2 Saint John Industrial Parks Ltd. - Capital Budget Transfer
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that Common Council approve the
transfer of $150,000. within the Saint John Industrial Parks Ltd. approved capital budget
from the Paddy's Hill Drive project to the White Rocks Road project.
Question being taken, the motion was carried.
Proposition du conseiller Court
Appuyee par Ie conseiller White
RESOLU que Ie conseil communal approuve Ie
transfert de 150 000 $ a meme Ie budget d'immobilisations approuve destine a Saint
John Industrial Parks Ltd. [parcs industriels de Saint John] afin d'attribuer cette somme
au projet du chemin White Rocks plutot qu'au projet de la promenade Paddy's Hill.
A I'issue du vote, la proposition est adoptee.
14. Consideration of Issues Separated from Consent Agenda
14. Etude des sujets ecartes des questions soumises a I'approbation du
conseil
15. General Correspondence
15. Correspondance generale
16. Adjournment
The Mayor declared the meeting adjourned at 7:15 p.m.
16. Cloture de la seance
Le maire declare que la seance est levee a 19 h 15.
Mayor/maire
Common Clerk/greffier communal
OPEN SESSION
M & C 2007 - 185
June 18,2007
His Worship Mayor Norm McFarlane
And Members of Common Council
SUBJECT:
BORROWING RESOLUTION
BACKGROUND:
The Bank of Nova Scotia has requested certain resolutions to be passed by Common
Council to formalize the line of credit with the City. Council normally passes the required
resolutions during the first part of the year. The Bank requires the appropriate
resolutions for 2007.
ANAL YSIS:
The City has a $16,250,000 line of credit with the Bank of Nova Scotia. This amount
represents $4,250,000 for general operating purposes and $12,000,000 for bridge
financing on capital expenditures. The calculation of the line of credit for operating
purposes is outlined in the Municipalities Act and is set at a maximum of 4% of the
operating budget. Based on the City's 2007 operating budget the maximum the City
could borrow for operating purposes is $4,481,667. It is proposed to seek approval from
the bank to set the operating line of credit at $4,250,000.
With respect to the bridge financing for capital expenditures, as a result of the magnitude
of the City's capital programs, it is proposed to maintain this credit at the current level of
$12,000,000. It is most unlikely that actual borrowings will reach these combined levels,
but there is no harm in having the credit limits in place as a precautionary measure.
M & C 2007 - 185
June 18,2007
PAGE TWO
RECOMMENDATIONS:
It is recommended that for general operating purposes:
1. That the Commissioner of Finance is hereby authorized to borrow, on behalf of the
City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from
time to time by way of promissory note, a sum or sums not exceeding at anyone
time four million two hundred and fifty thousand dollars ($4,250,000) to meet current
expenditures of the Corporation for the year 2007;
2. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller
or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation
and to furnish to the Bank from time to time a promissory note or notes sealed with
the corporate seal for the sum or sums so borrowed with interest at such rate as the
bank may from time to time determine;
3. That the Commissioner of Finance is hereby authorized and directed to furnish to the
Bank at the time of each borrowing and at such other times as the Bank may from
time to time request, a statement showing the nature and amount of the estimated
revenues of the current year not yet collected or where the estimates for the year
have not been adopted, a statement showing the nature and amount of the
estimated revenues of the Corporation as set forth in the estimates adopted for the
next preceding year and also showing the total of any amounts borrowed in the
current year and in any preceding year that have not been repaid, and
4. That the Commissioner of Finance is hereby authorized and directed to apply in
payment of all sums borrowed from the Bank, with interest thereon, all of the monies
hereafter collected or received on account or realized in respect of the taxes levied
for the current year and for any preceding years and all of the monies collected or
received from any other source.
5. That for the purposes of bridge financing on Capital Expenditures, that the City of
Saint John establish a revolving term loan to bridge finance capital expenditures to a
maximum of $12,000,000 and the Commissioner of Finance be authorized to borrow
from the Bank to the specified limit, and
M & C 2007 - 185
June 18,2007
PAGE THREE
RECOMMENDATIONS (CONT'D.)
6. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller
or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation
and to furnish to the Bank from time to time a promissory note or notes sealed with
the corporate seal for the sum or sums so borrowed with interest at such rate as the
Bank may from time to time determine, and
7. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller
or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation
and to furnish to the Bank an Agreement or Agreements under the seal of the
Corporation providing for payment to the Bank of all amounts required to be paid by
the Bank pursuant to each promissory note of the Corporation guaranteed by the
Bank with interest at such rate as the Bank may from time to time determine and of a
guarantee fee in respect of each such promissory note at such rate as the Bank may
from time to time determine.
Respectfully submitted,
Gregory J. Yeomans, CGA, MBA
Commissioner of Finance
/.-- (
J'
f" 'iiiiIiii
June 11 th, 2007
Mayor Norm McFar1ane & Saint John City Council
City of Saint John
15 Market Square
C.P.1971
Saint John (NB), E2L 411
Mayor & Council,
This is a revised request from the Saint John Canada Day Planning Committee, meant to replace an
replace an earlier request by FUSION Saint John Inc. to speak in front of council regarding the Canada
Day Countdown. Realizing better synergies for pulling off a successful event, The Canada Day Countdown
has been absorbed by the experienced Saint John Canada Day Planning Committee.
Wanting an edgy, focused, celebratory event to ring in Canada Day in the country's first incorporated city, a
group of young Saint Johners worked with FUSION Saint John Inc., the Saint John Canada Day Planning
Committee and the local business community to proudly introduced the Canada Day Countdown to Saint
John on June 30, 2005. Starting at dusk and culminating in a New Yeats Eve-style countdown to July 1st
midnight, the Countdown has attracted award-winning bands and record-setting crowds to the Market
Square Boardwalk - and has earned the reputation of an event that is a unique amongst other Canada
Day celebrations in Saint John and around Atlantic Canada.
Entering its third year, Canada Day Countdown continues to be an event that people are planning for and
want to be involved in ~ from artists to sponsors to Atlantic Canadians wanting to kick.start Canada's
birthday party in Saint John. This year, the event organization has been absorbed by the experienced Saint
John Canada Day Planning Committee to ensure the lasting success of the event.
In 2005, Saint John City Council saw the vision of the Countdown event and generously contributed $5000
to kick-start the hugely successful first Canada Day Countdown on June 30th, 2005. In 2006, the event
carried on as a continued success without financial support required from Council. Now in 2007, the event
has lost a few key corporate financial sponsors from previous years and the Saint John Canada Day
Planning Committee would like to ask Saint John City Council for a contribution of $2500 to keep the event
alive & well.
On behalf of the Saint John Canada Day Planning committee, we would like to make a formal presentation
before council & request for sponsorship from the City of Saint John for the 2007 Canada Day Countdown.
Si ~YaL
Craig A en
Canada Day Countdown Coordinator
SJ Canada Day Planning Committee
506-633-2012
callen@evolYinasolutlons.ca
42 Princess Street
Saint John, NB E2L 1K2
Eric L. Teed, O.C., C.D., Q.C.
127 Prince William Street, Saint John, New Brunswick, E2L 2B4
Tel: (506) 634-7324 Fax: (506) 634-7423
Common Council
City of Saint Jolm
15Market Square
Saint John, NB
E2L 1 E8
June 7, 2007
Your Worship and Councillors,
At present it appears that city policy is to limit high rise developments in the
central part of the city including the peninsula and West Side. As a result this policy prevents
greater density of population which is sorely needed to keep area vibrant.
Apparently this policy is based in some concept of maintaining the Heritage areas
of the city. While this may seem commendable it is not followed in the same manner in other
cities and urban areas not only in Canada but in other municipalities whose housing far exceeds
that of Saint John.
Enclosed is an example of what is being done else where. I believe in England the
Historic city of Birmingham has approved a major high rise structure in the centre.
The economics of high rise are significant.
It is suggested that council seriously consider the need for and benefits of similar
projects being sought for this City so it may meet the needs for the future and keep in step or lead
other progressive cities.
-
Pickering
Upscale Condo at City Centre
A new IS-story condominium in Pickering has a pri~e
location in the heart of the city center and deSigns that wIll
app;:al to people who enjoy special, upscale living.
With HIO"hway 401 and the GO station practically at its
doorstep, :he 128 unit Odyssev is ideal for people who
appreciate having numerous am~nities within walKing dis-
tance of home.
The building to be situated on the cOf.ners. of
Diefenbaker and Valley Farm Road, off PlCkenng
Parkway, is steps away from the city's 250,000 sguare foot
recreation complex, adjacent to rne central li~rary and
Pickering Cirr Hall, and a shorr moll to Pickermg Town
Center shoppIng mall.
This is the latest offering from the Rockport Group,
which has a 40-year hisrorv In Pickering.
Rockport president, JaCk Winberg says Odyssey will
apReal to move down buyns and young professionals
looking for upscale suites.
"We have predominanrly two bedroom and one bed-
room plus den models," says Winberg. "This is for peo-
ple wno like space and are moving from generously sized
homes and don't want to sactifice everythmg they n.ad."
He sa)'s the Pickering market has matured and will
include those who live in the area now looking ro down-
size, as well as people who want to be closer to their
Durham based grandchildren.
"When you age and your kids are gone, you wam some-
thing fresh and new to go into the next chapter of your
life", says \XTinberg. "we learned a lot about this (empty
nester) market from Reflections on Bogart Pond", a condo
ptQlect Rockpon built in Newmarket.
We learned from that project that buyers want well-
designed living and kitchen areas and "wonderful bath-
rooms."
The Odyssey suites range from 700 to 1850 square feet
in size and are priced from $179,990 to $459,900. All
come with one or two patios, balconies and terraces.
The majority of units will have 8'6" ceiling:;, except for
penthouses and ground floor suites, which will have 9 to
10 foot ceilings. Kitchens in the suites corne with break-
fast bars, grantte countertops, double sinks and vegetable
sprayers.
Master bedrooms feature soaker tubs and some units
have separate shower stalls.
There is a wide range of floor plans to choose from,
including standard suites, plus upgraded club suites and
penthouses. Suites on the ninth floor and above will have
views of Lake Ontario to the south.
The exterior of the building will be precast concrete and
brick. The lobby will be appOinted with columns, coffered
ceilings, marble inlaid floors, chandeliers, upscale furni-
ture and artwork.
And (he building's "point block tower" design means
there are no long corridors.
"For residents, it allows easy access to elevators, and for
a builder this is a very ef:1cient design; it maximizes the
living space", says Winberg.
The Odyssey amenities
include a parry room, bil-
liards room, and exercise
room.
The building has been
remarkably well received by
the market.
The sales pavillion has
several room vignettes to
dernonsrrare the quality to
be buih in (OOdvssey. It is
located on 'Pickering
Parkway at VaHey Farm Rd.
Hours are Monday to
Wednesday 1pm-7pm.
Thursdays by appolDt-
memo Closed Fridays.
Saturday ISunday/Holidays
Noon to 5pm.
Phone 905-420-3369
or click on their si te at
www.rockportgroup.net.
The 1 28-unit Odyssey indudes a lobby appointed with columns, coffered ceiling one mcnble inlaid floors.
JUN-14-2007 10:10 From:BRIAN HARRIS INS
To:505 574 4214
506 633 1520
MISPEC PARI( RECREAnON
COMMI"EE INC.
P.Ul
o
June 12, 2007
Mayor Norm MacFarlane & Council
15 Mllfket Sq
P.O. Box 1971
Saint J OM N -B- E2L 4Ll
Re: Dog Control
It appeal's thai Dog Control uDder the Saint John Anhnal Control bylaw does not apply at Mispec Park.
We ucde{staDd the Animal Rescue League is cont:racted to C(Jlltrol animals within the city Jimi15. Recent
increases in fines for irresponsible pet own.~$, we bope. will mak.e their job easier.
We are having OUt share of problems with dogs at Mispec Park, especially em the beach. We are very
concerned about the ~tentjalliabjlity hazard that e<t.ists should someone, particula.dy a young child~ be
attacked and bitten. Beach goors from time to time have brought to OUT attention the flct that a dog is
running loose On the beach, this despite signs stating thaI the practice is not penniUed_
What we would like to see is <Ill amendme:tlt to Section 96 of the Municipalit)/ Act which would r~define
the c.City>) under Section 2f to read" The City of Saint John and all City owned beacbes" or simply
include. ,. Mil)pec Bc:ach)!.
With this amendment we !;QuId add signage which would indicate that Dog ControJ was enforced by
The Animal Re$Cue League. Their vehicle driving thrOUgh the Park from time to time WOuld Bet the
messa~ across. Th~ City Police do this ~asionally aud it is very effective.
The phone number We have for the Saint John County Dog Control Constable IDls an ~$Wering machine
and calls ille not retumt;d. Fol' this reil.~n we would like to see tbe CitY bylaw amended with the
potelltial of SOlving our ongoing Dog Problem.
t1an a ns
Mispee Pilrk Recreation Committee Inc
506.633.0178
i26' RED MiAD ROAD, P. O. lOX 2414, !lINT JOHN, N.8. E2l tV,
PHONE 506-6!J-13iO FAX 504-"'-1420
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5:
] 3 June 2007
FROM: William M. Brienza
36 Richmond Street
Saint John NB CANADA E2L 3B2
506-635~5827
SUBJECT: Heavy Vehicle Traffic (Trucks & Busses) on Richmond Street
TO: Members of Common Council
Three years ago this month, I wrote Common Council expressing my problems and concerns with trucks
traveling up and down Richmond Street I have also talked about this problem to the media. Newspaper,
television and radio reporters have given me an opportunity to discuss the issues of such heavy traffic on
such a small street. In general these problems are general and numerous. To date still nothing has been
done to reduce the volume.
Presently, I have one very specific and important problem that warrants your action. The trucks and busses
that use Richmond Street cause tremendous vibrations against my building, Those vibrations loosen the
electrical service connection to the building. This is a safety issue that can be avoided by simple law
enforcement. Trucks and busses should not be using Richmond Street. There needs to be greater
restrictions.
Three years ago, the electricity in my building went out. One of my computers was "fried" as a result. It
cost me over five hundred dollars to repair the electrical service and the computer. This electrical accident
was a direct result of truck travel on Richmond Street.
This past Saturday, r received an inspection of my electrical system and the electrical inspector found the
same problem. The e]ectrical service connection had come loose again because of the vibrations caused by
trucks and busses using Richmond Street. This is going to cost me money again to repair. I would like this
problem to be properly addressed this time by Saint John Energy, the City of Saint John Fire Department,
City Transit, and the Saint John Police Force. I need a cost-free resolution. I certainly do not need a fire in
the middle of the night or anytime.
Your prompt attention to this problem will be greatly appreciated. Thank you.
Sincerely
J1
......
BiLL BRIENZA
--------...,.
LJ.AA ~
SAINT JOHN BOARD
OF POLICE
COMMISSIONERS
PO Box 1971
Saint John, New Brunswick
Canada E2L 4L1
Bureau des Commissaires du &rvi~
de Police de Saint John
c.p 1971
Saint John Nouveau-Brunswick
Canada ElL 4L1
ANDREW BRITTON
Chair/President
DAVID EMERSON
Vice Chair/Vice President
CHARLENE HAYES
SecretarylSecretaire
IV AN COURT
Commissioner! Commissaire
NORMAN McFARLANE
C ommiss ionerlCommissaire
ALLEN G. BODECHON
Chief of Police/Chef de Police
SARAH WILSON
Executive Secretaryl
Secretaire Administrative
Telephone/fe/ephone:
(506) 674-4142
Fax/Telecopieur:
(506) 648-3304
E-mail/Courriel:
sarah. wilson@fiaintjohn.ca
~
SAINT JOHN
Explore our past!
Exp{ol'ez "otre pa:sse
Discover your fUll/rei
Decwvrez vorre aveniI'
5.
June 11, 2007
His Worship Mayor Norman McFarlane
And Members of Common Council
Y our Worship and Councillors:
Re: 2006 Operating Budget - December Financial Results
Attached for the information of COlllillon Council is a copy of the Saint
John Police Force 2006 (unaudited) Operating Budget Report which was
accepted by the Saint John Board of Police Commissioners at its meeting
on June 12' 2007.
Attachment
c: Greg Yeomans, Commissioner of Finance
1J(tt/)
~
.
REPORT TO SAINT JOHN BOARD
OF POLICE COMMISSIONERS
PUBLIC SESSION
June 12, 2007
Andrew Britton, Acting Chairman and
Members of the Board of Police Commission
Chairman Britton and Members
SUBJECT
2006 Operating Budget - December Financial Results
BACKGROUND
The purpose of this report is to provide the Board with the December 31, 2006 year-end
(audited) financial results for the Saint John Police Force's Operating Budget.
FINANCIAL POSITION/RESULTS
For the period ended as at December 31,2006, the Saint John Police Force was over
budget by $245,887 which is equivalent to 1.36% of the total operating budget of
$18,014,630.
Explanation of the Under Budget Variance
There were five key items that contributed to the $245,887 unfavourable budget variance
for 2006.
1. Salaries and Wages were under budget by $144,346.
2. Overtime costs exceeded budget by $138,761.
3. Wage costs for Other Personnel and Court Time were over budget by $)58,756.
4. Fringe Benefits were over by $32,266. .
5. Good and Services were over by $60,451.
Andrew Britton, Acting Chairman and
Members of the Board of Police Commission
June 12.2007
Page 2
Subject: 2006 Operating Budget - December 2006 Audited Financial Results
Budget - Variance Analysis
SALARIES AND WAGES
Local 61 Salaries were under budget by $164,802 and this variance relates mainly to the
vacancies that occurred during the year that were filled in November 2006. It was these
savings that offset the overtime costs of approximately $57,000 to run the Summer Time
Directed Patrol program.
OVERTIME
Local 61
Overtime was over budget by $134,830 and the Patrol Division accounts for $73,756 or
55% of this figure. There was another $34,036 or 35% that relates back to the Criminal
Investigation and Support Services Division. The Community Police Office (CPO)
investigative operation in the Old North End along with a homicide in November 2006
were two significant incidents that created a drain on regular resources and extra personnel
would have been deployed on an overtime basis.
The Summer Time Directed Patrol program was re-introduced for a second year based
on its success in 2005. The program is only implemented when known savings exist in
salaries due to vacancies that occur with staff retirements. The 2006 program commenced
on June 22,2006 with four members (1 Sergeant and 3 Constables) working on Thursday,
Friday, and Saturday evenings. The Directed Patrol team is scheduled to work an eight
hour shift that typically has an 8:00 p.m. start time. The mandate of the Directed Patrol
Team is to augment Patrol Services Division by targeting specific hot spots throughout the
City during peak times when calls for service are high. There were a total of 39 shifts
worked from June 22, 2006 to September 16, 2006 with an overtime cost of $57,000.
OTHER PERSONNEL COSTS (COURT TIME)
Patrol Division
The court time incurred by the Patrol Division was $237,378 compared to a budget of
$88,000. This $149,378 over budget amount relates to overtime for approximately 110
uniform members that attend court several times throughout the year. Such court
appearances are controlled and scheduled by the judicial system and officers often are
required to attend hearings on their days off.
Andrew Britton, Acting Chairman and
Members a/the Board o/Police Commission
June 12, 2007
Page 3
Subject: 2006 Operating Budget - December 2006 Audited Financial Results
GOODS & SERVICES
The total expense for the various Goods and Services was $3~310,058 compared to a
budget of $3,249,608 which resulted in an over expenditure of$60,45] or 1.9% of the
annual budget amount.
The following are four key expense lines that experienced unbudgeted expenditures
amounts in 2006 that are necessary business costs but were not planned or anticipated
during the budgeting process.
Budget Account Budget Actual V arian~e
Fleet Maintenance 255,200 280,864 (25,664)
Fleet Fuel 264,000 283,385 (19,385)
Building Maintenance 25,000 55,595 (30,595)
Evergreen Program ]45,000 164,994 (19,994)
$ 689~OO $ 784,838 $ (95,638)
The Evergreen Program is the Corporate Services computer lease program and the
additional expense of $19,994 is specific to the Tough Books (laptop computers) that are
being utilized in Mobility Project for the marked patrol vehicles
INPUT FROM OrnER SOURCES
The flllancial data used for this report was extracted from the fmancial information that
was generated and provided from the HIE financial reporting system by City of Saint John
finance staff.
RECOMMENDATION
It is recommended that the Board accept and approve this Financial Report for the
period ended as at December 31,2006 and forward a copy to Common Council as
required under Section 7 (3) of the New Brunswick Police Act.
Andrew Britton, Acting Chairman and
Members of the Board of Police Commission
June 12,2007
Page 4
Subject: 2006 Operatine: Bude:et - December 2006 Audited Financial Results
Enclosed reports and documents:
. Budget Variance Analysis - December 31,2006
· Consolidated Statement of Operations - Comparative Report 2006 vs. 2005
. Detailed Statement of Operations
Respectfully submitted,
~~
DIRECTOR HR & FINANCE
Wil . . Reid
PUTY POLICE CHIEF
L~~~ ·
Allen G. Bodechon
CHIEF OF POLICE
SAINT JOHN POLICE FORCE
BUDGET VARIANCE ANALYSIS
For the Period Ended December 31, 2006
Budget Expenses Variance Current Variance is=
Timina Actual
$18,014,630 $18,260,517 $245J887 $51,046 $ 194,841
Details of Actual variance: (Comment on Actual variances over/under $5,000)
Expense Category Variance Explanation of Variance
Salaries & Wages $144,346 . Salaries-486 is under budget by $20k
and there is an offset in Salaries-Temp
for expense ($29k).
. Local 61 Salaries were under budget by
$165k.
. The increase in Salaries-Temp for
($29k) has a corresponding offset of
$20k for Salaries-486.
. Note: 1-Day accrual for ($42k) in wage
expense was made at lear-end to set up
pending liability for 53r pay in 2009
Overtime ($138,761) . Overtime-Patrol: Overtime was over
budget by ($74k) for the first eight
months of 2006. Approximately $44k is
(8 months) overtime costs specific to the
Summer Time Directed Patrol program
that operated from June 22-September
16,2006. Another $34k is for CID and
$26k for Admin and Support Services
officers.
Other Personnel Costs ($158,756) . Court-Time: Payment for overtime
relating to court appearances for Patrol
members was over budget by ($149k).
This is an expense line that is difficult to
manage as the justice system
determines when officers must attend
court and court dates often do not
coincide with members work 12-Hour
shifts.
Saint John Police Force - December 2006 Budget Variance Analysis
Expense Category Variance Explanation of Variance
Fringe Benefits ($32,266) . Benefits are set at 21 % and this
expense is calculated on salaries and
wages.
Note: 1-Day accrual for ($1 Ok) in benefit
expense was made at tear-end to set up
pend ing liability for 53~ pay in 2009
General Services $70,753 . Telephones: This account is under
budget by $38k and this is appears to
a timing difference between the payment
of December Aliant charges and year-
end.
. Employer Training: This account for
employee training was over budget by
($15k).
. Other Training (E.I.C.D): This account
for the Employee Initiated Career
Development is under budget by $44k
and this is relates to the timing of when
employees take courses.
Insurance $7,084 . Vehicle Insurance: The actual premium
cost for insurance coverage in 2006 (fleet
and facilities) was $17k less than the
anticipated expense of $120k.
. Deductible: The actual insurance
deductible account used to pay the City's
deductible amount or share of insurance
claims was over budget by ($10k).
Professional Services (64,977) . Detention Security Services: The cost
for detention security is over budget by
($40k) which results from a +24%
increase in hourly rates (negotiated
through the tendering process) for male
guards. These additional costs were not
budgeted for in 2006.
. Police Act Investigations: The
unbudgeted cost for Police Act
Investigations in 2006 was $14k.
2
Saint John Police Force - December 2006 Budget Variance Analysis
Expense Category Variance Explanation of Variance
Other Purchased Services (12,878) '.
. No significant variance at the end of
August.
Repair & Maintenance $3,988 . No significant variance at the end of
2006.
Rentals $2,061 . No significant variance at the end of
2006.
Purchased Goods (30,680) . Meals: ($12k) - The cost for meals in
2006 exceeded the budget allocation of
$19k.
. Safety Supplies: ($i0k) - The cost to
issue new and replace existing body
armour was over budget as a higher
number of officers were outfitted in
2006 than anticipated.
. Office Supplies: ($23k) - The cost for
office supplies exceeded the budget
allocation of $49k. There is an increase
in the volume and cost of supplies to run
printers, copiers, fax machines, and other
office equipment.
. Imprest Fund - $12k - The imprest fund
used to pay Informants! Agents was
under budget by $12k.
. Special Operations - ($5k) - The
Budget account for special criminal
operation was over by $5k and the CPO
operation in the Old North End 2006 was
significant.
Government Services ($1,500) . No significant variance at the end of
2006.
3
Sai nt John Police Force - December 2006 Budget Variance Analysis
Expense Category Variance Explanation of Variance
Internal Services ($93,496) . Fleet Maintenance: The maintenance
and repair expense for police vehicles
was over budget by ($26k).
. Fleet Fuel: Fleet fuel costs were over
budget by ($19k) and this variance
results from the high gasoline prices in
2006.
. Building Maintenance: The building
maintenance costs to the North End
police facilities and the City Hall lobby
area were over budget by ($31 k) due to
necessary repairs and renovations
. Evergreen Computer Replacement
Program ($20k) - Unanticipated
additional monthly lease cost for the
Mobility Project that required Tough
books (laptops) installed in marked police
cars
Asset Purchases $59,695 . Vehicle Purchases: A total of (7) new
marked uniform patrol units were
purchased in 2006 and the total cost was
under budget by $22k.
. Office Furniture, Equipment,
Computers & Other Assets: These
under-budget amounts for a total of $37k.
Net Variances $245,887
4
REPORT TO COMMON COUNCIL
June 13, 2007
M & C 2007 - 189
The City of Samllohn
His Worship Mayor Norm McFarlane
& Members of Common Council
y our Worship and Members of Council,
SUBJECT
CONTRACT 2007-24: MACLAREN BOULEVARD (TAYLOR AVENUE TO SANDY POINT ROAD)
STREET RECONSTRUCTION
BACKGROUND
This Contract consists of a project that is approved in the 2007 General Fund Capital Program as
follows:
1. A street reconstmction on MacLaren Boulevard, from Taylor Avenue to Sandy Point Road,
which includes excavation, backfill, curb, sidewalk, landscaping, and paving.
TENDER RESULTS
Tenders closed on June 13, 2007 with the following results:
1) Fairville Constmction Ltd. $813,038.00
Saint John, NB
2) Galbraith Constmction Ltd. $862,000.00
Saint John, NB
3) Lafarge Canada Inc. $896,496.02
Saint John, NB
4) Debly Enterprises Ltd. $1,151,365.00
Saint John, NB
The Engineer's estimate for the work was $ 878,544.00.
M & C 2007 -189
June 13, 2007
Page 2
ANALYSIS
The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the
opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend
acceptance of their tender.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against one capital work project. Assuming award of the Contract
to the low tenderer, an analysis has been completed which includes the estimated amount of work on this
project that will be performed by City forces and others.
The analysis concludes that a total amount of $900,000.00 was provided in the budget and that the projected
completion cost of the project included in the Contract is estimated to be $793,844.93, including the City's
eligible HST rebate - a $106,155.07 positive difference in the General Fund Capital Program.
POLICY - TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of Council's policy for the
tendering of constmction contracts, the City's General Specifications and the specific project specifications.
RECOMMENDA TION
It is recommended that Contract 2007-24: MacLaren Boulevard (Taylor Avenue to Sandy Point Road) - Street
Reconstmction be awarded to the low tenderer, Fairville Constmction Ltd., at their tendered price of
$813,038.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
Respectfully submitted,
lM. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
REPORT TO COMMON COUNCIL
M & C 2007-183
The City of Samllohn
June 11, 2007
His Worship Mayor Norm McFarlane
and Members of Common Council
y our Worship and Members of Council:
SUBJECT:
Contract 2007-22: Marsh Street Valve and Chamber Renewals
BACKGROUND
This contract consists of a project that is approved in the 2007 Water & Sewerage Utility Fund
Capital Program as follows:
1. Renew valves and chambers on the 900 mm and 500 mm diameter water transmission
mains to replace old existing valves and chambers that no longer function adequately in
the area of Marsh Street.
TENDER RESULTS
Tenders closed on June 6, 2007, with the following results:
1) Fairville Constmction Ltd.
Saint John, NB
$366,834.30
2) Galbraith Constmction Ltd.
Saint John, NB
$463,900.00
The Engineer's estimate for the work was $432,000.00
M & C 2007-183
June 11, 2007
Page 2
ANALYSIS
The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff
is of the opinion that the low tenderer has the necessary resources and expertise to perform the
work, and recommend acceptance of their tender.
FINANCIAL IMPLICATIONS
The contract includes work that is charged against one capital work project. Assuming award of
the contract to the low tenderer, an analysis has been completed which includes the estimated
amount of work on this project that will be performed by City forces and others.
The analysis concludes that a total amount of $405,000 was provided in the budget and that the
projected completion cost of the project included in the contract is estimated to be $382,818.30
including the City's eligible HST rebate - a positive difference of $22,181. 70 in the Water &
Sewerage Utility Fund Capital Program.
POLICY - TENDER OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of Council's
policy for the tendering of constmction contracts, the City's General Specifications and the
specific project specifications.
RECOMMENDA TION
It is recommended that Contract 2007-22: Marsh Street Valve and Chamber Renewals be
awarded to the low tenderer, Fairville Constmction Ltd., at the tendered price of $366,834.30 as
calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
REPORT TO COMMON COUNCIL
M & C 2007- 184
June 11,2007
The City of Samllohn
His Worship Mayor Norm McFarlane
and Members of Common Council
y our Worship and Members of Council:
SUBJECT: CONTRACT 2007- 2: WATERMAIN CLEANING & LINING, PHASE 2
BACKGROUND
This Contract consists of a project that is approved in the 2007 Water & Sewerage Utility
Fund Capital Program for the cleaning & lining of approximately 4.6 km of existing cast-
iron watennains to improve water quality and flows in the following locations:
. Anglin Drive, Anglin . Sixth Street
Crescent . Park Street
. Pidgeon Terrace . Rockland Row
. Thornbrough Street . Cedar Grove Crescent
. Somerset Street . Mount Pleasant Avenue
. Corkery Street . Arrow Walk Road
. Cranston Avenue . Highwood Drive
. First Street . Seely Street
. Second Street . Rocky Terrace
. Fourth Street . Spmce Street
. Fifth Street
TENDER RESULTS
Tenders closed on June 5, 2007 with the following results:
Alltech Solutions Inc., Moncton, NB
$950,275.00
$1,400,281.00
1)
2)
Atlantic Underground Services Ltd., Riverview, NB
The Engineer's estimate for the work was $973,952.54
M & C 2007- 184
June 11, 2007
Page 2
ANALYSIS
The tenders were reviewed by staff and all tenders were found to be formal in all respects.
Staff is of the opinion that the low tenderer has the necessary resources and expertise to
perform the work, and recommend acceptance of their tender.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against one capital work project. Assuming
award of the Contract to the low tenderer, an analysis has been completed which includes
the estimated amount of work on this project that will be performed by City forces and
others.
The analysis concludes that a total amount of $1,000,000.00 was provided in the budget
and that the projected completion cost of the project included in the Contract is estimated to
be $950,665.08 including the City's eligible HST rebate - a $49,334.92 positive difference
in the Water & Sewerage Utility Fund Capital Program.
POLICY - TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of Council's
policy for the tendering of constmction contracts, the City's General Specifications and the
specific project specifications.
RECOMMENDA TION
It is recommended that Contract 2007-2: Watermain Cleaning & Lining, Phase 2, be
awarded to the low tenderer, Alltech Solutions Inc., at the tendered price of $950,275.00 as
calculated based upon estimated quantities, and further that the Mayor and Common Clerk
be authorized to execute the necessary contract documents.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
REPORT TO COMMON COUNCIL
M & C 2007-182
The City of Samllohn
June 11, 2007
His Worship Mayor Norm McFarlane
and Members of Common Council
y our Worship and Members of Council:
SUBJECT:
Contract 2007-30: Chip Seal - 2007
BACKGROUND
The 2007 General Fund Operating Budget included a provision for the chip sealing of a number
of roads in the City. This is an annual program to maintain the City's inventory of chip seal
roads.
The work consists generally of the supply of all necessary labour, materials and equipment for
the placement of approximately 10,938 m2 of single coat and 6,750 m2 of double chip seal
surface on various roads. Also included is the preparation of 6,750 m2 of roadbed for chip
sealing by pulverizing and regrading the existing surface treatments. There are a total of 4 roads
in this contract.
TENDER RESULTS
Tenders closed on June 6, 2007 with the following results:
1) Industrial Cold Milling Ltd.
Moncton, NB
$121,300.00
The Engineer's estimate for the work was $121,970.00.
M & C 2007-182
June 11, 2007
Page 2
ANALYSIS
The tender was reviewed by staff and found to be formal in all respects. Staff are of the opinion
that the tenderer has the necessary expertise and the resources to perform the work, and
recommend acceptance of their tender.
FINANCIAL IMPLICATIONS
This contract includes work that is charged against the 2007 General Fund Operating Budget.
Assuming award of the contract to the tenderer, staff completed an analysis that concluded that a
total of $132,000.00 was provided in the General Fund Operating Budget and that the projected
completion cost is estimated to be $110,051.87, including the City's eligible H.S.T. rebate - a
positive difference of $21,948.13.
POLICY - TENDER OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of Council's
policy for the tendering of constmction contracts, the City's General Specifications and the
specific project specifications.
RECOMMENDA TION
It is recommended that Contract 2007-30: Chip Seal -2007, be awarded to the tenderer,
Industrial Cold Milling Ltd., at the tender price of $121,300.00, as calculated based upon
estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
REPORT TO COMMON COUNCIL
M & C 2007- 191
The City of Samllohn
June 14,2007
His Worship Mayor Norm McFarlane
and Members of Common Council
y our Worship and Members of Council:
SUBJECT
Millidgeville Wastewater Treatment Facility - Grand Opening
PURPOSE
The purpose of this report is to invite Y our Worship, Members of Common Council, the general
public and senior staff to attend the Grand Opening of the upgraded Millidgeville Wastewater
Treatment Facility (WWTF); request that Council identify a Master of Ceremonies for the event,
share the proposed agenda; and demonstrate the website link. The Grand Opening will
commence at 10:00am on Thursday June 28, 2007 and nm to 1:00pm. Please note the formal
ceremony will not commence until 11 :OOam.
BACKGROUND
The 1993 Wastewater Strategy identified the need to expand the Millidgeville WWTF to provide
additional wastewater treatment capacity from 6,280 cubic metres per day to 10,000 cubic metres
per day for Saint John's North End. The expansion has allowed additional flows to be directed to
the treatment facility from areas that were serviced without treatment, areas that were not
previously serviced and from future developments. Financial assistance for this project was co-
funded by the CanadaINew Bmnswick Infrastmcture Program. Constmction began in late 2002.
The estimated cost of the engineering design and constmction work was approximately
$7,957,985. Both the Federal and Provincial contributions were each $1,666,666.67 (21%) for a
total of $3,333,333.34 (42%). The City of Saint John's contribution was the remaining
$4,624,651.74 (58%).
M & C 2007-191
June 14,2007
Page 2
ANALYSIS
The Grand Opening was originally scheduled for June 19th and advertisements were prepared
accordingly to nm in the May Saint John Energy bills. A short notice cancellation however by
the federal government representative resulted in the need to reschedule the event. The House of
Commons remained in session longer than it was originally scheduled. The majority of Saint
John Energy bills were able to be altered however some of the bills had already been printed
with the June 19th date.
Invitations were originally extended to all District 8 Schools however the new date will not
permit classes to attend as school will no longer be in session. Arrangements are therefore now
being made with the Community Centres so that children can still attend. The event will be
advertised in the Telegraph Journal and on the City of Saint John website. Representatives from
other levels of government are scheduled to be in attendance as noted on the proposed agenda.
This report is being provided for the information of Council to extend an invitation to attend and
participate in the official opening of this key Saint John Harbour Clean-Up facility, to identify a
Master of Ceremonies, share the proposed agenda and demonstrate the City of Saint John
website link (established for children) and associated information that has been created. As noted
previously, the Millidgeville Wastewater Treatment Facility Grand Opening will occur on June
28, 2007 commencing at 10:00am and ending at 1:00pm, with the formal ceremony beginning at
11:00all1.
The event will focus particular attention on the young people 111 our community and the
significance of this vitally important facility to their futures.
RECOMMENDA TION
It is recommended that Common Council:
1. Identify a Master of Ceremonies for the June 28th Grand Opening of the Millidgeville
Wastewater Treatment Facility; and
2. Receive and file this report.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
Proposed Agenda
Millidgeville Wastewater Treatment Facility - Grand Opening
Thursday, June 28,2007
11:00am
1. Master of Ceremonies (MC) - Introduce Honourable Minister Greg Thompson, P.c.,
M.P. Minister of Veterans Affairs, Riding: New Bnmswick Southwest - 1 minute
2. Honourable Greg Thompson gives remarks - 4 minutes
3. MC - Introduce Honourable Minister Roly MacIntyre - Minister of Supply and Services
and Minister responsible for the Regional Development Corporation - 1 minute
4. Honourable Roly MacIntyre gives remarks - 4 minutes
5. MC - Introduce Mayor Norm McFarland - Iminute
6. Mayor Norm McFarland gives remarks - 4minutes
7. MC - Invite Mayor Norm McFarland and Members of Common Council to unveil their
recently adopted Pollution Prevention (Wastewater Treatment) Policy. This policy will
be placed in each of the City' s Wastewater Treatment Facilities. - 1 minute
8. Mayor Norm McFarland and Members of Common Council unveil the Pollution
Prevention (Wastewater Treatment) Policy - 2 minutes
9. MC - Invite elected officials to gather for ribbon cutting and photographs - 1 minute
10. Ceremonial ribbon cutting and photographs - 3 minutes
11. MC - Invite elected officials to cut cake - 1 minute
12. Cake cutting and photographs - 3 minutes
13. MC - Invite six children to stage to draw for each of the contests - 2 minutes
14. MC - Announce contest winners and present gifts - 4 minutes
15. MC - Invite people to take a tour of the facility as they are commencing in a few minutes
and will take approximately 45 minutes
M & C - 2007-194
June 15,2007
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Easement PID 401539
BACKGROUND:
The City of Saint John as part of its project to rebuild a portion of Mana wagon ish
Road intends to install a water main from the stand pipe on Ocean Court to
Manawagonish Road. After exploring a couple of alternatives, it became apparent
the only route available would be through PID 401539, lands owned by F.
Andrew Simpson Contracting Ltd. (Simpson).
In discussions with Mr. Simpson regarding the required 844 square metre i:
easement, City staff determined several issues would require addressing prior to
reaching an agreement. Simpson intends to continue to improve PID 401539, a
former gravel pit. Mr. Simpson has identified a need to remove approximately 6
feet from the crown of PID 401539 to improve access to the larger portion of his
parcel. Simpson for his part will incur costs to remove the aforementioned crest;
however, this work would have been done at some future point in time. This site
improvement will allow the City to install the water line through his property at a
depth which is appropriate for the City as well as Simpson's future development.
The desired easement is valued at approximately $15,000 based on a land values
for acreage in this area of West Saint John. Conversely the work being performed
by the City will be adding value to the Simpson parcel by installing water
infrastmcture which will benefit Simpson's future development. This work is
valued at approximately $15,000 based on savings Simpson would accme by not
having to install the pipe using his company forces.
Mr. Simpson has asked that several water and sewer laterals be installed
(locations to be determined) at his two parcels impacted by the Manawagonish
Road project; PIDs 401539 and 55155329. The installation of these laterals as
part of the Manawagonish Road improvements will ensure the new surface of
Manawagonish Road will not require penetration at a later date as Simpson
develops his lands. It should be noted the installation of these laterals does save
RepOlt to Common Council
June 15, 2007
Page 2
Simpson future labour and equipment costs; however, the pipe materials are
rebatable, as such no net benefit.
The purpose of this report is to seek Council's concurrence to exchange an
easement through Simpson's land, PID 401539 for various City work and
installations.
RECOMMENDATION:
That The City of Saint John acquire an 844 square meter i: Easement for
Municipal Services/Municipal Services Easement from F. Andrew Simpson
Contracting Ltd. on PID 401539 as generally shown on the attached sketch on or
before December 31,2007 for $1.00.
In exchange for the grant of easement the City shall;
1. Install the largest available water, sanitary and storm laterals to PIDs
401539 and 55155329 at locations to be approved by F. Andrew Simpson
Contacting Ltd. a part of the Manawagonish Road project; and
2. relocate, if necessary, the hydro line support pole located on PID 401539
to a mutually acceptable location if necessary; and
3. that The City of Saint John pay for any plan of su bdivision and legal costs
required to secure the easement; and
4. that the Mayor and Common Clerk be authorized to execute any
documents of plan required to effect this easement acquisition.
Respectfully submitted,
Jim R. Baird, MCIP
Commissioner
Planning and Development
Terrence Totten, F.C.A.
City Manager
Ell mmf
Attachment
F. Andrew
Contracting
Ltd~property
Doc. 86119
Vol. 1644 Pg. 37
/ P.I.D. 00401539
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P,I.D. 55D~~~~'A
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Part B
See File 57 No.
see File 28 No. 62
Cedar Hill Cemetery
Company Property
Doc. 169215 Vol. 342 Pg. 323 .
Doc. 252455 Vol. 743 Pg. 957 d
Doc. 103329 Vol. 170 Pg. 580 0 ~o
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New
STA
457
459
460
461
462
4065
20093
Brunswick Grid Co-Ordinate
x y
2 529 716.386 7 359 720.410
2 529 668.4-66 7 .359 8.36.079
2 529 711.849 7 359 715.684
2 529 661.549 7 359 637.099
2 529 659.095 7 359 858.796
2 529 6.32.873 7 359 908.265
2 529 949.064 7 359 806.522
Scale Foctor AODlied 1.000038
/
Values
RMKS
Plan 603
Pion 18591579
Calc. Pt.
Calc. Pt
Cole. Pt.
N.B. Mon.
N.B. Mon.
Doc. 386119
Vol. 1644 Pg. 37
Reg. May 12. 1993 .
Registration Data
St. John Terminals , Umited
to
F. Andre.. SimplOn Controc:tinll Ltd.
Notes
1 ) Directions are N. B. Grid ozimuths derived from observation on N. B.
Mon's. 4065 and 20093 . (NA083 CSRS Adjusted ValuM)
2 ) All distances are in metres . to convert to imperial equivalent. divide
by 0.3048 .
.3 ) Areo of survey outlined thus .(3 c'. peripheral information
compiled rrom various sources .
4 ) All document and pion references ref.r to Registry Offlc. for
Saint John County
5 ) rleld survey completed on Jon. 22. 2007 .
6 ) All computations performed and coordinates shown on this plan
ore based on New Brunswick Stereollrophic Double Projection and
the NA08J(CSRS) Ellipsoid os realized by SelVice New Brunswick
Adjusted coordinots survey monuments .
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Showing requirements for Easement
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Simpson Contro~l;t"ttd,. Property .
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Saint John CfJ~~,-: NaY/Brunswick .
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Plan
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Job No.
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Topos
507016
S07016
O..n. By
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RC:U
REPORT TO COMMON COUNCIL
~(3
M & C - 2007 - 186
June 12,2007
His Worship Mayor Norm McFarlane and
Members of Commotil Council
Your Worship and C<l>uncillors:
City of Saint John
SUBJECT: Publi~ Hearing Date - 233 Westmorland Road
BACKGROUND:
As provided in ConlltlOn Council's resolution of August 3,2004, this report
indicates the rezoning and Section 39 applications received and recommends an
appropriate public hearing date.
The full applications lire available in the Common Clerk's office and will form
part of the document~tion presented at the public hearing.
The following applic<lltion has been received.
Name of
Applicant
Location
Existing
Zone
Proposed
Zone
Reason
I
Pamela 1. McDermott ! 233 West- "R-2"
(Beltone Better . morland Rd.
Hearing Aid Centre)
"B-1 "
To construct
a business
office
RECOMMENDAT~~:
That Common Coun9il schedule the public hearing for the rezoning application of
Pamela J. McDermo~ (Beltone Better Hearing Aid Centre) (233 Westmorland
Road) for Monday, J\jlly 16,2007 at 7:00 p.m. in the Council hamber.
Re/~. .I tfully su~mitti.d'j
/ /.. f3 '"
! ./ u)v .
;' '!
( )im R. Baird, MCIP :
V 90mmissioner [
Planning and Develotment
JRB/r
Terrence Totten, F.C.A.
City Manager
M & C 2007-195
June 14,2007
His Worship Mayor Norm McFarlane and
Members of Common Council
y our Worship and Councillors:
SUBJECT: Amending Resolution
467-469 Rothesay Avenue
BACKGROUND:
On June 21, 2004 Common Council resolved to acquire the fee simple interest in
an 85 square metre::l: portion ofPID Numbers 307033 and 307041, from lC.
Mufflers Ltd. for $50.00 per square metre (plus H.S.T. if applicable).
Subsequent title search work revealed that lC. Mufflers Ltd. was dissolved as per
Corporate Affairs, in December 2004. The property had since been conveyed to
610257 N.B. Ltd. In June of2005 Council resolved to amend its resolution as
follows.. .
"1. That Common Council amend its resolution of June 21, 2004 to "acquire
the fee simple interest in an 85 square metre ::I: portion of PID Numbers
307033 and 307041 from lC. Mufflers Ltd.", by;
a) Deleting "lC. Mufflers Ltd."; and
b) Inserting in its place "610257 N.B. Ltd."
2. That Common Council amend its resolution of June 21, 2004, by;
a) Deleting "the City shall reimburse lC. Mufflers Ltd. to a
maximum of$350.00 (inclusive ofH.S.T.) the legal fees required
to finalize this transaction"; and
b) Inserting in its place "That the City pay up to a maximum of
$500.00 for the legal costs incurred by 610257 N.B. Ltd. to finalize
this transaction, and any applicable processing fees from financial
institutions and all registrations fees necessary to secure the City's
interest. "
With all other elements of the resolution to remain unchanged."
Subsequent to this resolution a number of issues arose which further impacted the
acquisition; there was a bankmptcy, a new ownership scenario, title issues were
discovered and an outstanding property tax issue with the Province all
compounded by the retirement of the vendor's solicitor.
The purpose of this report is to further amend the resolution of Council to reflect
the new ownership of 467-469 Rothesay Ave.
RECOMMENDATION:
That the amended resolution adopted by Council in M&C 2005-159 be further
amended by deleting "610257 N.R Ltd." where it appears and inserting in its
place "621331 N.R Ltd.", with all other elements of the resolution remaining
unchanged.
Respectfully submitted,
Jim R. Baird, MCIP
Commissioner
Planning and Development
Terrence Totten, F.C.A.
City Manager
CL/c
Application for a Zoning By-law Amendment
Demande de modification a l'arrete sur Ie zonage
Applicant Related Information / Renseignements sur Ie demandeur
Name of Applicant / Nom du demandeur Hughes Surveys & Consultants Inc. on behalf of White Rose Car
Wash Inc.
Mailing Address of applicant / Addresse postale du demandeur 575 Crown Street
Saint John, NB
Postal Code / Code postal E2L 5E9
Telephone Number / Numero de telephone
Home / Domicile
Work / Travail 634-1717
Fax Number / Numero de telecopieur 634-0759
Name of Property Owner (if different) / Nom du proprietaire (si different)
Diesel Power Services, Ltd.
Address / Adresse 2207 Loch Lomond Road
Postal Code / Code postal E2N 1 A 1
Property Information / Renseignements sur la propriete
Location / Emplacement Golden Grove Road
Civic # / No de voirie
Street / Rue
55183958
PID / NIP
Lot Area / Superficie du lot 5500 square metres Street Frontage / Far;ade sur rue 62.13 metres
Existing Use of Property / Utilisation actuelle de la propriete Vacant Land
Municipal Plan Land Use Designation
Designation de utilization des terres sur Ie plan municipal
Amendment Requested / Modification demandee
Present Zoning / Zonage actuel RS-2
~ Change Zoning to / Modification du zonage it B-2
and/or / ou
o Text Amendment (indicate particulars) / Modification due texte (indiquez les details)
.'
Development Proposal/Proposition d'amenagement
Description of Proposal/Description de la proposition
The proposal is to have this property rezoned from RS-2 to B-2 so that it can be ioined with the adiacent
property fronting on Simpson Drive and developed in conjunction with an expansion of the existing car
wash. Once rezoned. the property will be added to the adiacent property and the existing car wash will
be expanded to include a drive through section. There are also plans to have a strip mall and
accompanying parking on the remainder of the lot.
You must provide a scaled site plan that illustrates
your proposal. You may also provide
photographs, building plans, elevation drawings
and any other form of information. The plan must
show the dimensions of the property. the location
of all buildings, driveways. parking areas.
landscaping and signs. It is important that the
distance between the property boundary and
buildings are shown.
Vous devezfournir un plan du site a /'echelle illustrant votre
proposition. Vous pouvez egalementfournir des
photographies, des plans de bdtiment, des dessins de plan
d'elevation et toute autre forme de renseignement. Le plan
doit indiquer les dimensions de la propriite. l'emplacement de
la totalite des bdtiments. des allees, des aires de
stationnement, des amenagements paysagers et des panneaux
de signalisation. II est important d'indiquer la distance entre
les limites de la propriete et les bdtiments.
Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernant votre proposition
qui pourrait etre approuvees.
Rezoning of this property will allow it to be ioined to the adiacent property and developed as described.
It will allow the car wash to be expanded and will allow the possibility of a strip mall.
Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre
proposition qui pourrait etre utile.
See attached Application for Amendment to Section 39
Agreement for the adiacent
Signature of Applicant / Signature du demandeur
Date i-/\ J -r 7 VlU 1
$400 Application Fee Enclosed / Ci-joint les frais de dema~d e 400 $
Si vous n'etes pas Ie proprietaire du terrain en question,
veuillez obtenir la signature du proprietaire dans la partie
ci-dessous. La signature du proprietaire autorisant Ie
traitement de la presente demande pour que cette derniere
:zom;n?ar I, ~on";1 communal
~~ pL;'~ e~i.,
0l"J 7,> Zr/o1
~
If you are not the owner of the land in question
please have the owner sign below. The signature of
the owner is authorizing this application to proceed
for consideration by Common Council.
Signature of Owner (if applicable)
Signature due proprietaire (s'il y a lieu)
Date:
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UOSdlU!S
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 1100801 4422010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I Fax: (506) 674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJT J City Information Ad
Date(s): Tuesday, May 22, 2007
Tuesday, June 12, 2007
.. SJT J Independent Placement
.. SJT J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
D General Notice D Tender D Proposal
~ Public Notice
Sub-Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 65S-2S62
PROPOSED ZONING BY-LAW
AMENDMENT
RE: 37 GOLDEN GROVE ROAD
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 Chamber on Monday, June 18, 2007 at
6:00 p.m., by:
Rezoning a parcel of land located at 37 Golden
Grove Road, having an area of approximately 5500
square metres, also identified as being PID No.
55183958, from "RS-2" One and Two Family
Suburban Residential to "B-2" General
Business.
(INSERT MAP)
REASON FOR CHANGE:
To rezone the subject area in order to undertake a
commercial development consisting of a strip mall
and expansion to an existing car wash.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square, Saint
John, N.B. between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays
excepted.
Written objections to the amendment may be sent
to the undersigned at City Hall.
J. Patrick Woods, Common Clerk
658-2862
PROJET DE MODIFICATION DE
L'ARRETE SUR LE ZONAGE
OBJET: 37, CHEMIN GOLDEN GROVE
Par les presentes, un avis public est donne par
lequel Ie conseil communal de The City of
Saint John indique son intention de modifier
l'arrete sur Ie zonage de The City of Saint John,
lors de la reunion ordinaire qui se tiendra dans la
salle du conseil Ie lundi 18 juin 2007 a 18 h, en
apport ant la modification suivante :
Rezonage d'une parcelle de terrain situee au
37, chemin Golden Grove, d'une superficie
approximative de 5,500 metres carres et portant Ie
NID 55183958, afin de faire passer la classification
de zone residentielle de banlieue - habitations
unifamiliales et bifamiliales <<RS-2>> a zone
commerciale generale << B-2 >>.
(INSERER LA CARTE)
RAISON DE LA MODIFICATION:
Le rezonage de la parcelle en question dans Ie but
d'entreprendre un amenagement commercial qui
consiste en un centre commercial et une expansion
a un lave-auto existant.
Toute personne interessee peut examiner la
modification proposee au bureau du greffier
communal ou au bureau de l'urbanisme et du
developpement a l'hOtel de ville situe au
15, Market Square, a Saint John, au
Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du
lundi au vendredi, sauf les jours feries.
Veuillez faire part de vos objections au projet de
modification par ecrit a l'attention du soussigne a
l'hOtel de ville.
J. Patrick Woods, greffier communal
658-2862
PROPOSED ZONING BY-LAW AMENDMENT
RE: 37 GOLDEN GROVE ROAD
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 Chamber
on Monday, June 18, 2007 at 6:00 p.m., by:
Rezoning a parcel of land located at 37 Golden Grove Road, having an area of approximately 5500 square
metres, also identified as being PID No. 55183958, from "RS-2" One and Two Family Suburban
Residential to "B-2" General Business.
REASON FOR CHANGE:
To rezone the subject area in order to undertake a commercial development consisting of a strip mall and
expansion to an existing car wash.
The proposed amendment may be inspected by any interested person at the office of the Common Clerk,
or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the
hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City Hall.
J. Patrick Woods, Common Clerk
658-2862
PROJET DE MODIFICATION DE L'ARRETlt SUR LE ZONAGE
OBJET: 37, CHEMIN GOLDEN GROVE
Par les presentes, un avis public est donne par lequel Ie conseil communal de The City of Saint John
indique son intention de modifier 1 'arn~te sur Ie zonage de The City of Saint John, lors de la reunion
ordinaire qui se tiendra dans la salle du conseille lundi IS juin 2007 a 18 h, en apportant la modification
suivante :
Rezonage d'une parcelle de terrain situee au 37, chemin Golden Grove, d'une superficie approximative de
5,500 metres carres et portant Ie NID 55183958, afin de faire passer la classification de zone residentielle
de banlieue - habitations unifamiliales et bifamiliales <<RS-2>> a zone commerciale generale
<< B-2 >>.
RAISON DE LA MODIFICATION:
Le rezonage de la parcelle en question dans Ie but d'entreprendre un amenagement commercial qui
consiste en un centre commercial et une expansion a un lave-auto existant.
Toute personne interessee peut examiner la modification proposee au bureau du greffier communal ou au
bureau de I'urbanisme et du developpement a 1 'hOtel de ville situe au 15, Market Square, a Saint John, au
Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries.
Veuillez faire part de vos objections au projet de modification par ecrit it l'attention du soussigne a l'hOtel
de ville.
J. Patrick Woods, greffier communal 658-2862
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BY -LAW NUMBER c.P. 110-
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 N~ c.P. llU-
ARREnt MODIFIANT L' ARREnt
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lars d'une reunion du conseil
communal, The City of Saint John a
decrete ce qui suit :
The Zoning By-law of The City of L'arrete sur Ie zonage de The City
Saint John enacted on the nineteenth day of of Saint John, decrete Ie dix-neuf (19)
December, A.D. 2005, is amended by: decembre 2005, est modifie par:
1 Amending Schedule "A", the
Zoning Map of The City of Saint John, by
re-zoning a parcel of land located at 37
Golden Grove Road, having an area of
approximately 5500 square metres, also
identified as being PID No. 55183958,
from "RS-2" One and Two Family
Suburban Residential to "B-2" General
Business classification
- all as shown on the plan attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the * day of *, A.D. 2007
and signed by:
1 La modification de l'annexe <<A>>,
Plan de zonage de The City of Saint John,
permettant de modifier la designation d'une
parcelle de terrain situee au 37, chemin
Golden Grove, d'une superficie
approximative de 5,500 metres carres et
portant Ie NID 55183958, afin de faire
passer la classification de zone residentielle
de banlieue - habitations unifarniliales et
bifarniliales <<RS-2>> a zone commerciale
generale << B-2 >>
- toutes les modifications sont indiquees sur
Ie 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 Ie
present arrete Ie 2007,
avec les signatures suivantes :
Mayor/ Maire
Common Clerk/Greffier communal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture
Troisieme lecture
June 15,2007
y our Worship and Councillors:
SUBJECT: Proposed Rezoning
37 Golden Grove Road
On May 22, 2007 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its June 12, 2007 meeting.
The applicant, Mr. Richard Turner of Hughes Surveys and Consultants Inc.,
appeared before the Committee in support of the application and staff
recommendation. There were no other presentations made regarding this matter,
and no letters were received from surrounding property owners.
After some discussion regarding the flood risk abatement program, the Committee
resolved to recommend the requested rezoning as recommended by staff, but with
the additional condition that if possible that the necessary flood water storage
capacity required by the City's Flood Risk Area By-law be provided on the
subject site.
It should be mentioned that the Committee also recommended in favour of the
applicant's request to amend the existing Section 39 conditions pertaining to the
adjacent property at 8-14 Simpson Drive. This Section 39 amendment is
necessary in order to allow for the proposed car wash facility that would be
constmcted over both properties. A separate recommendation has been provided
regarding that matter.
RECOMMENDATION:
1. That Common Council rezone a parcel of land located at 37 Golden Grove
Road, having an area of approximately 5500 square metres (59,203 square
feet), also identified as being PID No. 55183958, from "RS-2" One and
Two Family Suburban Residential to "B-2" General Business.
2. That pursuant to the provisions of Section 39 of the Community Planning
Act, the proposed commercial development on the parcel of land with an
area of approximately 5500 square metres (59,203 square feet), located at
37 Golden Grove Road, also identified as being PID No. 55183958, be
subject to the following conditions:
Planning Advisory Committee
June 15, 2007
Page 2
(a) The use of the subject site be restricted to the applicant's proposal
to develop a commercial strip mall and proposed drive thm car
wash facility for the existing building located at 8-14 Simpson
Drive.
(b) The site be developed and maintained in accordance with an
approved detailed site plan, which would be prepared by the
proponent and submitted to the Development Officer for approval,
illustrating the location of buildings, driveway accesses, parking
areas, exterior lighting, and landscaping, and that this approved site
plan be attached to the application for the required building
permit( s).
(c) The driveways and parking areas for the commercial development
must be paved with asphalt and enclosed with continuous concrete
curbing, and site drainage must be in accordance with a detailed
plan approved by the Chief City Engineer.
(d) Landscaping must be extended onto the street right-of-way to the
existing curb, and the proponent must constmct dropped panels at
the driveway with respect to the curbing and sidewalk along
Golden Grove Road.
(e) All public utilities must be provided by underground conduits from
existing facilities to any building.
(f) If possible that the necessary flood water storage capacity required
by the City's Flood Risk Area By-law be provided on the subject
site.
Respectfully submitted,
Stephen Horgan
Chairman
MRO
Attachments
Project No. 07-184
DATE:
TO:
FROM:
FOR:
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
NBGIC:
Municipal Plan:
Zoning:
Proposal:
Type of Application:
JUNE 8, 2007
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING
MEETING OF JUNE 12, 2007
Mark O'Hearn
Planning Officer
Hughes Surveys and Consultants Inc.
(White Rose Car Wash Inc.)
Diesel Power Services Ltd. & White Rose Car Wash Inc.
37 Golden Grove Road & 8-14 Simpson Drive
55183958,00300384& 55066666
Low Density Residential
Existing:
"RS-2" One and Two Family Suburban
Residential and "B-2" General Business
Proposed:
"B-2" General Business
To undertake a commercial development consisting of a
strip mall and expansion to an existing car wash.
Rezoning and Section 39 Amendment
White Rose Car Wash Inc.
37 Golden Grove Road & 8-14 Simpson Drive
Page 2
June 8, 2007
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to
Common Council concerning proposed rezoning applications. The Committee's recommendation
will be considered by Common Council at a Public Hearing on Monday, June IS, 2007.
Common Council has also requested the views of the Committee concerning the proposed
amendment to the Section 39 conditions. Common Council will consider the Committee's
recommendation at a Public Hearing on :Monday, June IS, 2007.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land located at 37 Golden Grove Road, having
an area of approximately 5500 square metres (59,203 square feet), also identified as being
PID No. 55183958, from "RS-2" One and Two Family Suburban Residential to "B-
2" General Business.
2. That pursuant to the provisions of Section 39 of the Community Planning Act, the
proposed commercial development on the parcel of land with an area of approximately
5500 square metres (59,203 square feet), located at 37 Golden Grove Road, also
identified as being PID No. 55183958, be subject to the following conditions:
(a) The use of the subject site be restricted to the applicant's proposal to develop a
commercial strip mall and proposed drive thm car wash facility for the existing
building located at 8-14 Simpson Drive.
(b) The site be developed and maintained in accordance with an approved detailed site
plan, which would be prepared by the proponent and submitted to the
Development Officer for approval, illustrating the location of buildings, driveway
accesses, parking areas, exterior lighting, and landscaping, and that this approved
site plan be attached to the application for the required building permit(s).
(c) The driveways and parking areas for the commercial development must be paved
with asphalt and enclosed with continuous concrete curbing, and site drainage
must be in accordance with a detailed plan approved by the Chief City Engineer.
(d) Landscaping must be extended onto the street right-of-way to the existing curb,
and the proponent must constmct dropped panels at the driveway with respect to
the curbing and sidewalk along Golden Grove Road.
White Rose Car Wash Inc.
37 Golden Grove Road & 8-14 Simpson Drive
Page 3
June 8, 2007
( e) All public utilities must be provided by underground conduits from existing
facilities to any building.
3. That Common Council amend the Section 39 conditions imposed on the August 24, 1998
rezoning of the subject property located at 8-14 Simpson Drive, also identified as PID
Nos. 00300384 & 55066666 in order to permit an approximate 222 square metre (2,390
square foot) expansion to the existing car wash facility as illustrated on the submitted site
plan.
BACKGROUND:
With respect to the property located at 37 Golden Grove Road (formerly known as 31 Golden
Grove Road), on April 2, 1996 the Planning Advisory Committee considered a rezoning
application from the present landowner. The application involved the rezoning of the subject
property to "TH" Townhouse in order to permit the development of twelve (12) one-storey
townhouse units and a new private street. While staff and the Committee supported this
application, it was denied by Common Council due to concerns regarding flooding.
On January 12, 1999 the Committee considered another rezoning application from the same
property owner. The application involved the rezoning of the subject property to "B-2" General
Business in order to permit the development of two commercial buildings with a total ground
floor area of 1161 square metres (11,840 square feet). This application also involved a number of
variances relating to commercial access and reduced landscaping. The Committee resolved to
deny this application. At that time the Committee also suggested that the property be acquired by
the City and used as a retention area for storm water management. This matter was explored by
City staff, but due to the property's configuration and small area it was not considered suitable for
floodwater storage. Therefore, Common Council did not seek the acquisition of the property.
At the request of the proponent the rezoning application was eventually withdrawn, and on May
4, 1999 the Committee considered a new commercial proposal involving just one commercial
building near the centre of the subject property with parking along both sides and front of the site.
At that time staff still could not support the commercial development of a property that was
beyond the designated commercial district. There were concerns expressed by residents relating
to noise, litter, traffic, and flooding. In light of all these concerns Common Council also denied
that application.
Regarding the property at 8-14 Simpson Drive, Common Council rezoned the corner property
from "RS-2" One and Two Family Suburban Residential to "B-2" General Business on August
24, 1998 in order to permit the constmction of a multi-bay, self-serve car wash facility. A number
of Section 39 conditions were imposed on the rezoning pertaining to site development standards.
White Rose Car Wash Inc.
37 Golden Grove Road & 8-14 Simpson Drive
Page 4
June 8, 2007
On August 31, 1999 the Planning Advisory Committee granted necessary variances to allow 3
freestanding signs to remain on the property.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection to the proposed rezoning and Section
39 amendment.
However, the proposed commercial stmcture at 37 Golden Grove Road will require separate
water and sewer services, and cannot be serviced from 8-14 Simpson Drive. Municipal water is
available from Golden Grove Road, and municipal sewer is available at the rear of the property
within an easement.
All site surface water must be directed to either Marsh Creek through catch basins and piping so
as to prevent erosion of the bank, or directed to the Golden Grove Road storm sewer system.
Catch basins and associated storm piping will be required for collection and transport of the storm
water to the existing storm system on Golden Grove Road.
Concrete curbing and sidewalk must be constmcted with dropped panels at the driveway on
Golden Grove Road.
Additionally, any new development must be constmcted in accordance with the Flood Risk Area
By-law.
Building and Technical Services has indicated that the proposed commercial development must
be developed in accordance to the Flood Risk Area By-law. Detailed plans for the proposed
stmctures will be reviewed when necessary building permits are submitted for approval.
Saint John Energy has previously indicated that adequate facilities exist along Golden Grove
Road to service the proposed commercial development. The costs associated with the service
extension will be borne by the Developer.
Aliant Telecom has indicated that facilities are available from Golden Grove Road to service the
proposed development.
Rogers has been advised of this application.
Maritimes & Northeast Pipeline has no concerns with regards to this proposed commercial
development.
Fire Department has no objection regarding this proposal.
White Rose Car Wash Inc.
37 Golden Grove Road & 8-14 Simpson Drive
Page 5
June 8, 2007
Saint John Transit has no concerns with this application.
ANALYSIS:
Site and Nei2hbourhood
The subject properties are situated at the intersection of Golden Grove Road and Simpson Drive
in the Glen Falls area (see attached location map). The property at the corner (8-14 Simpson
Drive) has been developed with a self-serve car wash facility. Also included in the development is
a small restaurant. This portion of the area has been developed with an asphalt driving surface
enclosed with concrete curbing and landscaping. The remainder of the site (37 Golden Grove
Road) has remained undeveloped.
The neighbourhood is comprised of a diverse mix of land uses. Immediately to the west is the
Three Mile Entertainment Complex, and beyond that property there are a number of commercial
businesses. Across the street (Simpson Drive) from the car wash facility is a long-existing
industrial storage yard. The Marsh Creek and a City pumping station are immediately to the
north. Beyond the Creek is a residential neighbourhood. Across the street (Golden Grove Road)
to the south is the Exhibition Park horseracing track and facilities. To the east is a small
residential neighbourhood consisting of 16 residential properties (Dutch Garden! Ashton Place
area). On the other side of this neighbourhood are commercial properties containing commercial
plazas, self-storage warehousing, repair garages, and a small lounge.
Development Proposal
The proponent (White Rose Car Wash Inc.) is seeking permission to constmct a drive thm facility
to its existing car wash building at 8-14 Simpson Drive. The common property boundary would
be amended as illustrated on the submitted site plan.
The applicant is also seeking approval to undertake a commercial development on the vacant
property at 37 Golden Grove Road. This commercial project consists of a 460 square metre
(4,952 square foot) plaza situated near the car wash building (see attached site plan). Parking
areas would be developed next to the building and along the front of the property. The plan
provides for 36 off-street parking spaces. A loading facility would be situated between the
proposed car wash drive thm and this new commercial strip mall. It should be noted that the
loading area would have to be revised to provide a turnabout.
Also, while the site plan provides adequate yards and landscaping, it should be noted that the
Zoning By-law requires a minimum 2 metre (6.6 foot) width oflandscaping consisting of trees,
shmbs or hedges in a manner designed to interfere with vehicle headlights shining across the
White Rose Car Wash Inc.
37 Golden Grove Road & 8-14 Simpson Drive
Page 6
June 8, 2007
property line. This would be required between the parking area in the south eastern corner and
the adjoining residential property at 41 Golden Grove Road.
The submitted site plan can otherwise satisfy all the applicable requirements of the Zoning By-
law.
Municipal Plan and Proposed Amendments
In order to permit this commercial development the following amendments are necessary:
· Back in August 24, 1998 when the property at 8-14 Simpson Drive was rezoned, a
Section 39 condition was imposed that limited the commercial building to a maximum
ground floor area of 465 square metres (5,000 square feet). The existing building is only
354 square metres (3,813 square feet). In order to allow for the proposed drive thm car
wash facility, which would increase the total ground floor area of the new building to
approximately 576 square metres (6,200 square feet), this Section 39 condition would
have to be amended.
· The adjoining property at 37 Golden Grove Road is zoned "RS-2" One and Two Family
Suburban Residential. In order to allow for the proposed commercial development this
undeveloped property would have to be rezoned to "B-2" General Business.
The Municipal Development Plan has designated the area as Low Density Residential. The
policies of the Municipal Plan for a designation does permit the development of small-scale
commercial uses as proposed if measures can be undeliaken to prevent any nuisance or
inappropriate impacts on adjacent residential uses. The Plan does restrict commercial development
to approximately 1000 square metres (10,764 square feet).
The property to the west where the car wash is situated is on the edge of the existing Service
Corridor district, and the lands to the east and north have been designated for residential purposes
for many years. At the time when previous applications were considered for the commercial
development of the subject property (37 Golden Grove Road) the Municipal Plan did not provide
any support for its commercial use.
However, in 2002 Common Council redesignated the large property situated at 77-81 Golden
Grove Road from Low Density Residentia/ to Service Corridor, and rezoned the same in a
manner to permit the constmction of two commercial plazas with self-storage warehousing at the
rear. This property is 210 metres (689 feet) further east along Golden Grove Road.
In light of this policy decision, and given the proximity of the subject area to existing commercial
land uses associated with the expanding commercial Regiona/ Centre, it would now be
White Rose Car Wash Inc.
37 Golden Grove Road & 8-14 Simpson Drive
Page 7
June 8, 2007
appropriate to permit a commercial development to occur on the subject property (37 Golden
Grove Road) next to the recent car wash development.
Therefore, the requested rezoning and Section 39 amendments have been recommended for
approval. As stipulated by Plan policies with respect to small commercial developments occurring
in designated Low Density Residential areas, a number of Section 39 conditions have been
recommended to help minimize any impact that the proposed commercial plaza development may
have on the residential neighbourhood to the east.
It is anticipated that further commercialization will occur along this portion of Golden Grove
Road as the Regional Centre continues to expand. At that time it would be appropriate to
redesignate the site and a portion of the larger area to Service Corridor.
The Flood Risk Abatement Pro2:ram
The subject property is situated within the Glen Falls Flood Risk Area, and is subject to the
provisions of the Flood Risk Area By-law of the City of Saint John. The Flood Risk Abatement
Program allows for development within areas subject to flooding, provided prescribed engineering
and building techniques are followed to minimize the possible risk of damage to new
development, while at the same time reducing the risk of adversely affecting surrounding
developed properties already in the flood risk area.
Should this development be approved, all site work and constmction would also be subject to the
requirements of this By-law. Where development would reduce the flood storage capacity of a
property, a developer must provide compensating flood storage or seek to provide a payment to
the City for the development of such compensation elsewhere in the designated flood risk area.
The applicant is aware of the additional requirements imposed by the Flood Risk Area By-law.
CONCLUSION:
The applicant is requesting amendments to carryout a project involving an expansion to an
existing car wash facility and the constmction of a new commercial plaza. In light of the decision
to resdesignate a property further along Golden Grove Road to Service Corridor east of the
subject area, and given the commercial land uses in the area, the requested amendments can be
recommended for approval. Section 39 conditions have been recommended to ensure the new
commercial development is constmcted to acceptable standards, and such standards help to
minimize any impact onto the residential neighbourhood in the area.
Project No. 07-184
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
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Subject Site/site en question:
Location: 37 Golden Grove Rd./ch. Golden Grove &
8-14 Simpson Dr./prom. Simpson
Date: May/mai 17 I 2007
Scale/echelle: Not to scale/Pas a I'echelle
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PID(s)/NIP(s):
55183958
00300384
55066666
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Application for Amendment to Section 39 Resolution or Agreement
Demande de modification de la resolution ou de l'entente relative it l'article 39
Applicant Related Information I Renseignements sur Ie demandeur
Name of Applicant I Nom du demandeur Hughes Surveys & Consultants Inc. on behalf of White Rose Car
Wash Inc.
Mailing Address of Applicant I Adresse postale du demandeur 575 Crown Street
Saint John. NB
Postal Code I Code postal E2L 5E9
Telephone Number I Numero de telephone:
Home I Domicile
Work I travail 634-1717
Fax Nwnber I Numero de telecopieur 634-0759
Name of Property Owner (if different) / Nom du proprietaire (si different) White Rose Car Wash Inc.
299 Golden Grove Road
Postal Code I Code postal E2H 2V5
Existing Resolution I Resolution actuelle
Date of Resolution to be Amended I Date de la resolution it modifier August 24. 1998
"'5CO:5B'1
;00284&55066666
PID I NIP
Location I Emplacement 8-14 Simpson Drive
Civic No. I No de voirie
Street I Rue
Applicant's Interest in Property I Interet de demandeurs dan la propriete Surveyor!Consultant
What is your Proposal? ! En quoi consiste votre proposition?
Note: Provide a fully dimensional drawing or plan which illustrates your proposaL (Describe proposal in detail)
Nota: Fournier un plan ou un dessin entierement cote illustrant votre proposition. (Decrire la proposition en detail)
The proposal is to ioin this property to the adjacent property on Golden Grove Road and expand the
existing car wash to include a drive through section. There are also plans to have a strip mall and
accompanying parking on the remainder of the lot. A new detailed site grading and drainage plan will
be submitted for approval. Condition Cd) will need to be amended to increase the maximum allowable
floor area of the buildings.
D A fee of$300.00 is enclosed in the form ofa cheque or Money Orde made payable to the City of Saint John.
Ci-joint des frais de 300 $ sous forme de ch' e ou d5'~P st ibelle a l'ordre de The City of Saint John.
Signature of Applicant I Signature du demandeur
Date rY1:11)? J?('J 7
Signature of the owner must be included. I Lasignature due proprietalre O1t etre mcluse.
Signature of Owner (if applicable) I signature du proprietaire (s'i! ya lieu)
Date
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City of Saint John
INTERNAL INSERTION ORDER
i
For City of Saint John use only: !
I
Bud2et Number: 110 0801442 2010 .
Department: Common Clerk's Office (Acco!unt # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I Fax: (506) 674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJTJ City Information Ad
Date(s): Tuesday, May 22, 2007
Tuesday, June 12, 2007
.. SJTJ Independent Placement
.. SJT J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
D General Notice D Tender D Proposal
Ii Public Notice
Sub-Headline (if applicable):
Text:
INSERT A TT ACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
PROPOSED SECTION 39 AMENDMENT
RE: 8-14 SIMPSON DRIVE
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider a proposal at its regular meeting to be held
in the Council Chamber on Monday, June 18,
2007 at 6:00 p.m., by:
Amending the Section 39 conditions imposed on
the August 24, 1998 rezoning of the subject
property located at 8-14 Simpson Drive, also
identified as PID Nos. 00300384 & 55066666, to
permit a revised proposal.
REASON FOR CHANGE:
To permit an approximate 222 square meters
expansion to an existing car wash.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square, Saint
John, N.B. between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays
excepted.
PROJET DE MODIFICATION DE
L'ARTICLE 39
OBJET: 8-14, PROMENADE SIMPSON
Par 1es presentes, un avis public est donne par
lequel Ie conseil communal de The City of Saint
John indique son intention d'examiner une
proposition lors de la reunion ordinaire qui se
tiendra Ie lundi 18 juin 2007 a 18 h dans la salle
du conseil en apportant les modifications
suivantes :
Modification des conditions de l'article 39
imposees relativement au rezonage du 24 aoo.t
1998, du terrain en question situe au 8-14,
promenade Simpson, et portant les NID 00300384
& 55066666 afin de permettre la preparation d'une
proposition revisee.
RAISON DE LA MODIFICATION:
Permettre une expansion d' environ 222 metres
carn~s it un lave-auto existant.
Toute personne interessee peut examiner la
modification proposee au bureau du greffier
communal au au bureau de l'urbanisme et du
d6veloppement it l'hotel de ville situe au 15,
Market Square, a Saint John, au Nouveau-
Brunswick, entre 8 h 30 et 16 h 30 du lundi au
vendredi, sauf les jours feries.
Written objections to the amendment may be sent Veuillez faire part de vas objections au projet de
to the undersigned at City Hall. modification par ecrit a l'attention du soussigne a
l'hOtel de ville.
J. Patrick Woods, Common Clerk
658-2862
J. Patrick Woods, Greffier communal
658~2862
PROPOSED SECTION 39 AMENDMENT
RE: 8-14 SIMPSON DRIVE
Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a
proposal at its regular meeting to be held in the Council Chamber on Monday, June 18, 2007 at 6:00
p.m., by:
Amending the Section 39 conditions imposed on the August 24, 1998 rezoning of the subject property
located at 8-14 Simpson Drive, also identified as Pill Nos. 00300384 & 55066666, to permit a revised
proposal.
REASON FOR CHANGE:
To permit an approximate 222-square metre expansion to an existing car wash.
The proposed amendment may be inspected by any interested person at the office of the Common Clerk,
or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.H. between the
hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City Hall.
J. Patrick Woods, Common Clerk
658-2862
PROJET DE MODIFICA nON DE v ARTICLE 39
OBJET: 8.14, PROMENADE SIMPSON
Par les presentes, un avis public est donne par lequelle conseil conununal de The City of Saint John
indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra Ie lundi 18
juin 2007 a 18 h dans 1a salle du conseil en apportant les modifications suivantes :
Modification des conditions de l'article 39 imposees relativement au rezonage du 24 ao11t 1998, du terrain
en question situe au 8-14, promenade simpson, et portant les NID 00300384 & 55066666 afin de
pennettre la preparation d'une proposition revisee.
RAISON DE LA MODIFICATION:
Pennettre une expansion d'environ 222 metres carn~s it un lave-auto existant.
Toute personne interessee peut examiner la modification proposee au bureau du greffier communal ou au
bureau de ]'urbanisme et du developpement it ] 'hOtel de ville situe au 15, Market Square, a Saint John, au
Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jaurs feries.
Veuillez faire part de vos objections au projet de modification par ecrit a l'attention du soussigne it l'hOtel
de ville.
J. Patrick Woods, Greffier communal
658-2862
June 15,2007
y our Worship and Councillors:
SUBJECT: Proposed Section 39 Amendment
S-14 Simpson Drive
On May 22, 2007 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its June 12, 2007 meeting.
The applicant, Mr. Richard Turner of Hughes Surveys and Consultants Inc.,
appeared before the Committee in support of the application and staff
recommendation. There were no other presentations made regarding this matter,
and no letters were received from surrounding property owners.
After some discussion regarding the flood risk abatement program pertaining to
the adjacent property at 37 Golden Grove Road, the Committee resolved to
recommend the requested Section 39 amendment.
It should be mentioned that the Committee also recommended in favour of the
applicant's request to rezone the adjoining property at 37 Golden Grove Road in
order to undertake the development of a new commercial strip mall. A separate
recommendation has been provided regarding that matter.
RECOMMENDATION:
That Common Council amend the Section 39 conditions imposed on the August
24, 1998 rezoning of the subject property located at 8-14 Simpson Drive, also
identified as PID Nos. 00300384 & 55066666 in order to permit an approximate
222 square metre (2,390 square foot) expansion to the existing car wash facility as
illustrated on the submitted site plan.
Respectfully submitted,
Stephen Horgan
Chairman
MRO
Attachments
DATE:
TO:
FROM:
FOR:
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
NBGIC:
Municipal Plan:
Zoning:
Proposal:
Type of Application:
JUNE 8, 2007
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING
MEETING OF JUNE 12, 2007
Mark O'Hearn
Planning Officer
Hughes Surveys and Consultants Inc.
(White Rose Car Wash Inc.)
Diesel Power Services Ltd. & White Rose Car Wash Inc.
37 Golden Grove Road & 8-14 Simpson Drive
55183958,00300384& 55066666
Low Density Residential
Existing:
"RS-2" One and Two Family Suburban
Residential and "B-2" General Business
Proposed:
"B-2" General Business
To undertake a commercial development consisting of a
strip mall and expansion to an existing car wash.
Rezoning and Section 39 Amendment
White Rose Car Wash Inc.
37 Golden Grove Road & 8-14 Simpson Drive
Page 2
June 8, 2007
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to
Common Council concerning proposed rezoning applications. The Committee's recommendation
will be considered by Common Council at a Public Hearing on Monday, June IS, 2007.
Common Council has also requested the views of the Committee concerning the proposed
amendment to the Section 39 conditions. Common Council will consider the Committee's
recommendation at a Public Hearing on :Monday, June IS, 2007.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land located at 37 Golden Grove Road, having
an area of approximately 5500 square metres (59,203 square feet), also identified as being
PID No. 55183958, from "RS-2" One and Two Family Suburban Residential to "B-
2" General Business.
2. That pursuant to the provisions of Section 39 of the Community Planning Act, the
proposed commercial development on the parcel of land with an area of approximately
5500 square metres (59,203 square feet), located at 37 Golden Grove Road, also
identified as being PID No. 55183958, be subject to the following conditions:
(a) The use of the subject site be restricted to the applicant's proposal to develop a
commercial strip mall and proposed drive thm car wash facility for the existing
building located at 8-14 Simpson Drive.
(b) The site be developed and maintained in accordance with an approved detailed site
plan, which would be prepared by the proponent and submitted to the
Development Officer for approval, illustrating the location of buildings, driveway
accesses, parking areas, exterior lighting, and landscaping, and that this approved
site plan be attached to the application for the required building permit(s).
(c) The driveways and parking areas for the commercial development must be paved
with asphalt and enclosed with continuous concrete curbing, and site drainage
must be in accordance with a detailed plan approved by the Chief City Engineer.
(d) Landscaping must be extended onto the street right-of-way to the existing curb,
and the proponent must constmct dropped panels at the driveway with respect to
the curbing and sidewalk along Golden Grove Road.
White Rose Car Wash Inc.
37 Golden Grove Road & 8-14 Simpson Drive
Page 3
June 8, 2007
( e) All public utilities must be provided by underground conduits from existing
facilities to any building.
3. That Common Council amend the Section 39 conditions imposed on the August 24, 1998
rezoning of the subject property located at 8-14 Simpson Drive, also identified as PID
Nos. 00300384 & 55066666 in order to permit an approximate 222 square metre (2,390
square foot) expansion to the existing car wash facility as illustrated on the submitted site
plan.
BACKGROUND:
With respect to the property located at 37 Golden Grove Road (formerly known as 31 Golden
Grove Road), on April 2, 1996 the Planning Advisory Committee considered a rezoning
application from the present landowner. The application involved the rezoning of the subject
property to "TH" Townhouse in order to permit the development of twelve (12) one-storey
townhouse units and a new private street. While staff and the Committee supported this
application, it was denied by Common Council due to concerns regarding flooding.
On January 12, 1999 the Committee considered another rezoning application from the same
property owner. The application involved the rezoning of the subject property to "B-2" General
Business in order to permit the development of two commercial buildings with a total ground
floor area of 1161 square metres (11,840 square feet). This application also involved a number of
variances relating to commercial access and reduced landscaping. The Committee resolved to
deny this application. At that time the Committee also suggested that the property be acquired by
the City and used as a retention area for storm water management. This matter was explored by
City staff, but due to the property's configuration and small area it was not considered suitable for
floodwater storage. Therefore, Common Council did not seek the acquisition of the property.
At the request of the proponent the rezoning application was eventually withdrawn, and on May
4, 1999 the Committee considered a new commercial proposal involving just one commercial
building near the centre of the subject property with parking along both sides and front of the site.
At that time staff still could not support the commercial development of a property that was
beyond the designated commercial district. There were concerns expressed by residents relating
to noise, litter, traffic, and flooding. In light of all these concerns Common Council also denied
that application.
Regarding the property at 8-14 Simpson Drive, Common Council rezoned the corner property
from "RS-2" One and Two Family Suburban Residential to "B-2" General Business on August
24, 1998 in order to permit the constmction of a multi-bay, self-serve car wash facility. A number
of Section 39 conditions were imposed on the rezoning pertaining to site development standards.
White Rose Car Wash Inc.
37 Golden Grove Road & 8-14 Simpson Drive
Page 4
June 8, 2007
On August 31, 1999 the Planning Advisory Committee granted necessary variances to allow 3
freestanding signs to remain on the property.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection to the proposed rezoning and Section
39 amendment.
However, the proposed commercial stmcture at 37 Golden Grove Road will require separate
water and sewer services, and cannot be serviced from 8-14 Simpson Drive. Municipal water is
available from Golden Grove Road, and municipal sewer is available at the rear of the property
within an easement.
All site surface water must be directed to either Marsh Creek through catch basins and piping so
as to prevent erosion of the bank, or directed to the Golden Grove Road storm sewer system.
Catch basins and associated storm piping will be required for collection and transport of the storm
water to the existing storm system on Golden Grove Road.
Concrete curbing and sidewalk must be constmcted with dropped panels at the driveway on
Golden Grove Road.
Additionally, any new development must be constmcted in accordance with the Flood Risk Area
By-law.
Building and Technical Services has indicated that the proposed commercial development must
be developed in accordance to the Flood Risk Area By-law. Detailed plans for the proposed
stmctures will be reviewed when necessary building permits are submitted for approval.
Saint John Energy has previously indicated that adequate facilities exist along Golden Grove
Road to service the proposed commercial development. The costs associated with the service
extension will be borne by the Developer.
Aliant Telecom has indicated that facilities are available from Golden Grove Road to service the
proposed development.
Rogers has been advised of this application.
Maritimes & Northeast Pipeline has no concerns with regards to this proposed commercial
development.
Fire Department has no objection regarding this proposal.
White Rose Car Wash Inc.
37 Golden Grove Road & 8-14 Simpson Drive
Page 5
June 8, 2007
Saint John Transit has no concerns with this application.
ANALYSIS:
Site and Nei2hbourhood
The subject properties are situated at the intersection of Golden Grove Road and Simpson Drive
in the Glen Falls area (see attached location map). The property at the corner (8-14 Simpson
Drive) has been developed with a self-serve car wash facility. Also included in the development is
a small restaurant. This portion of the area has been developed with an asphalt driving surface
enclosed with concrete curbing and landscaping. The remainder of the site (37 Golden Grove
Road) has remained undeveloped.
The neighbourhood is comprised of a diverse mix of land uses. Immediately to the west is the
Three Mile Entertainment Complex, and beyond that property there are a number of commercial
businesses. Across the street (Simpson Drive) from the car wash facility is a long-existing
industrial storage yard. The Marsh Creek and a City pumping station are immediately to the
north. Beyond the Creek is a residential neighbourhood. Across the street (Golden Grove Road)
to the south is the Exhibition Park horseracing track and facilities. To the east is a small
residential neighbourhood consisting of 16 residential properties (Dutch Garden! Ashton Place
area). On the other side of this neighbourhood are commercial properties containing commercial
plazas, self-storage warehousing, repair garages, and a small lounge.
Development Proposal
The proponent (White Rose Car Wash Inc.) is seeking permission to constmct a drive thm facility
to its existing car wash building at 8-14 Simpson Drive. The common property boundary would
be amended as illustrated on the submitted site plan.
The applicant is also seeking approval to undertake a commercial development on the vacant
property at 37 Golden Grove Road. This commercial project consists of a 460 square metre
(4,952 square foot) plaza situated near the car wash building (see attached site plan). Parking
areas would be developed next to the building and along the front of the property. The plan
provides for 36 off-street parking spaces. A loading facility would be situated between the
proposed car wash drive thm and this new commercial strip mall. It should be noted that the
loading area would have to be revised to provide a turnabout.
Also, while the site plan provides adequate yards and landscaping, it should be noted that the
Zoning By-law requires a minimum 2 metre (6.6 foot) width oflandscaping consisting of trees,
shmbs or hedges in a manner designed to interfere with vehicle headlights shining across the
White Rose Car Wash Inc.
37 Golden Grove Road & 8-14 Simpson Drive
Page 6
June 8, 2007
property line. This would be required between the parking area in the south eastern corner and
the adjoining residential property at 41 Golden Grove Road.
The submitted site plan can otherwise satisfy all the applicable requirements of the Zoning By-
law.
Municipal Plan and Proposed Amendments
In order to permit this commercial development the following amendments are necessary:
· Back in August 24, 1998 when the property at 8-14 Simpson Drive was rezoned, a
Section 39 condition was imposed that limited the commercial building to a maximum
ground floor area of 465 square metres (5,000 square feet). The existing building is only
354 square metres (3,813 square feet). In order to allow for the proposed drive thm car
wash facility, which would increase the total ground floor area of the new building to
approximately 576 square metres (6,200 square feet), this Section 39 condition would
have to be amended.
· The adjoining property at 37 Golden Grove Road is zoned "RS-2" One and Two Family
Suburban Residential. In order to allow for the proposed commercial development this
undeveloped property would have to be rezoned to "B-2" General Business.
The Municipal Development Plan has designated the area as Low Density Residential. The
policies of the Municipal Plan for a designation does permit the development of small-scale
commercial uses as proposed if measures can be undeliaken to prevent any nuisance or
inappropriate impacts on adjacent residential uses. The Plan does restrict commercial development
to approximately 1000 square metres (10,764 square feet).
The property to the west where the car wash is situated is on the edge of the existing Service
Corridor district, and the lands to the east and north have been designated for residential purposes
for many years. At the time when previous applications were considered for the commercial
development of the subject property (37 Golden Grove Road) the Municipal Plan did not provide
any support for its commercial use.
However, in 2002 Common Council redesignated the large property situated at 77-81 Golden
Grove Road from Low Density Residential to Service Corridor, and rezoned the same in a
manner to permit the constmction of two commercial plazas with self-storage warehousing at the
rear. This property is 210 metres (689 feet) further east along Golden Grove Road.
In light of this policy decision, and given the proximity of the subject area to existing commercial
land uses associated with the expanding commercial Regional Centre, it would now be
White Rose Car Wash Inc.
37 Golden Grove Road & 8-14 Simpson Drive
Page 7
June 8, 2007
appropriate to permit a commercial development to occur on the subject property (37 Golden
Grove Road) next to the recent car wash development.
Therefore, the requested rezoning and Section 39 amendments have been recommended for
approval. As stipulated by Plan policies with respect to small commercial developments occurring
in designated Low Density Residential areas, a number of Section 39 conditions have been
recommended to help minimize any impact that the proposed commercial plaza development may
have on the residential neighbourhood to the east.
It is anticipated that further commercialization will occur along this portion of Golden Grove
Road as the Regional Centre continues to expand. At that time it would be appropriate to
redesignate the site and a portion of the larger area to Service Corridor.
The Flood Risk Abatement Pro2:ram
The subject property is situated within the Glen Falls Flood Risk Area, and is subject to the
provisions of the Flood Risk Area By-law of the City of Saint John. The Flood Risk Abatement
Program allows for development within areas subject to flooding, provided prescribed engineering
and building techniques are followed to minimize the possible risk of damage to new
development, while at the same time reducing the risk of adversely affecting surrounding
developed properties already in the flood risk area.
Should this development be approved, all site work and constmction would also be subject to the
requirements of this By-law. Where development would reduce the flood storage capacity of a
property, a developer must provide compensating flood storage or seek to provide a payment to
the City for the development of such compensation elsewhere in the designated flood risk area.
The applicant is aware of the additional requirements imposed by the Flood Risk Area By-law.
CONCLUSION:
The applicant is requesting amendments to carryout a project involving an expansion to an
existing car wash facility and the constmction of a new commercial plaza. In light of the decision
to resdesignate a property further along Golden Grove Road to Service Corridor east of the
subject area, and given the commercial land uses in the area, the requested amendments can be
recommended for approval. Section 39 conditions have been recommended to ensure the new
commercial development is constmcted to acceptable standards, and such standards help to
minimize any impact onto the residential neighbourhood in the area.
Project No. 07-184
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
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Location: 37 Golden Grove Rd./ch. Golden Grove &
8-14 Simpson Dr./prom. Simpson
Date: May/mai 17 I 2007
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01/25/2067 15:48 1
PLANNn~G /l.!'-lD DEVELIJP
PAGE: a3/04
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~1/25/2007 15:48
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PLANNING ~D DEVELOP
PAGE 1J4/E14
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To planning & development & city council may 11/07
I john hosford would like to bring fourth a proposal for rezoning my land at
69 Russell Street, p.i.d 5518072365 I would like to ask planning & council
to rezone this property as a whole to allow a resaurantllounge & the use of a parcel
of the same land for a used car lot, the lot size of land i would like to use is 58ft. x
100ft.
( see attached )this property will be used for no more than one half dozen used
vehicles and
no outbuildings will be added to this property and in no way disturb the
resaurantllounge for as far as parking goes. the ladies j lease the licenced dining
room to
do not have any problem with my proposal for the used car lot as i do not have any
problem
with their proposal to upgrade their dining room licence to a lounge licence .i would
like to
thank planning& council for their consideration in this matter.
yours truly
john hosford
100 11.
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17" ft
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City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 11 00801 4422010
Department: Common Clerk~s Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I Fax: (506}674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
" SJT J City Information Ad
Date(s): Tuesday, May 22,2007
Tuesday, June 12,2007
.. SJT J Independent Placement
.. SJT J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
D General Notice D Tender D Proposal
~ Public Notice
Sub-Headline (if applicable):
Text:
INSER T A TT ACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
PROPOSED ZONING BY -LAW
AMENDMENT
RE: 69 RUSSELL STREET
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider amending The City of Saint John Zoning
By-law at its regular meeting to be held in the
Council Chamber on Monday, June 18, 2007 at
6:00 p.m., by:
FROJET DE MODIFICATION DE V ARRETE
SUR LE ZONAGE
OBJET: 69, RUE RUSSELL
Par les presentes, un avis public est donne par
lequel Ie conseil communal de The City of Saint
John indique son intention d'etudier la modification
suivante a I 'arrete sur Ie zonage de The City of
Saint Jolm, lors de la reunion ordinaire qui se
tiendra dans la salle du conseil Ie lundi 18 juin
2007 a 18 h :
1. Adding the following to the list of zones m 1. L'adjonction de l'element suivant a la liste de
Section 30(1): zones du paragraphe 30(1) :
"special zones SZ-22"<< zones speciales 82-22 >>
2. Adding the following as Section 740(22):
"Special Zone #22 (82#22)
a) Uses
Any land, building or structure may be
used for the purpose of, and for no other
purpose than,
i) the following uses:
a club or lounge;
all other uses permitted in Section
520(1)(a), subject to any applicable
conditions contained in Section
520(2);
ii) the following uses subject to such
tenns and conditions as may be
imposed by the Committee:
a car sales lot;
all other uses permitted in Section
520(1)(b), subject to any
applicable conditions contained in
Section 520(2);
iii) subject to Section 830, an accessory
building, structure or use, incidental to
a use, building or structure permitted in
this zone.
b) Zone Standards
Standards for development in Special Zone
#22 shall be as set out in Section 520(3),
and Section 810 to 910 where this zone
shall be considered a "B" zone, a "B-2"
zone, or a business zone, as the case may
be."
2. L'adjonction du paragraphe 740(22) qui se lit
comme suit:
<< Zone speciale nO 22 (SZ#22)
a) Usages
Tout terrain, batiment ou structure ne peut
etre affecte :
i) qu'aux utilisations suivantes :
un club au un salon-bar;
toutes les autres utilisations
permises en vertu de l'alinea
520(1 )(a), sous reserve des
conditions stipulees au paragraphe
520(2);
ii) qu'aux utilisations suivantes, sous
reserve des conditions impasees par Ie
comite :
un terrain affecte a la vente
d' automobiles;
tautes les autres utilisations
permises en vertu de l'alinea
520(1 )(b), sous reserve des
conditions stipuIees au paragraphe
520(2);
iii) sous reserve de l'article 830, qu'a une
utilisation auxiliaire ou accessoire liee
a une utilisation, un batiment au une
structure permis dans cette zone.
b) N ormes de zone
Les normes d'amenagement dans la zone
speciale n" 22 doivent etre conformes aux
dispositions du paragraphe 520(3) et des
articles 810 a 910, et la zone en question
doit etre consideree en tant que zone II B >>,
zone <<B-2 >> ou zone commerciale, selon
3. Rezoning a parcel of land with an area of 3.
approximately 1650 square metres, located at
69 Russell Street, also identified as being PID
No. 55180723, from "B-2" General Business
and "RM-l'~ Three Storey Multiple
Residential to "SZ-22" Special Zone #22.
REASON FOR CHANGE:
To permit the existing restaurant to be licensed as a
lounge, and to pennit a car sales lot.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square, Saint
John, N.B. between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays
excepted.
Ie cas. ))
Modification du zonage d'une parcelle de
terrain d'une superficie d'environ 1 650 metres
cam~s, situee au 69, rue Russell, et portant Ie
NID 55180723, de zone commerciale
generale <( B-2)> et zone d'edifices it
logements multiples de trois etages <<RM-h)
a zone speciale nO 22 << SZ-22 >>.
RAISON DE LA MODIFICATION:
Permettre au restaurant existant de devenir un
salon-bar ayant une licence de debit de boisson, et
permettre un terrain affecte a la vente
d' automobiles.
Toute personne interessee peut examiner Ie projet
de modification au bureau du greffier communal au
au bureau de 1 'urbanisme et developpement it
l'hOtel de ville au 15, Market Square, a Saint John,
au Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du
lundi au vendredi, saufles jours feries.
Written objections to the amendment may be sent Veuillez faire part de vos objections au projet de
to the undersigned at City Hall. modification par eerit a I'attention du soussigne it
I 'hOtel de ville.
J, Patrick Woods, Common Clerk
658-2862
J. Patrick Woods, Greffier communal
658-2862
PROPOSED ZONING BY-LAW AMENDMENT
RE: 69 RUSSELL STREET
Public Notice is hereby given that the Common Council of The City of Saint John intends to consider
amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber
on Monday, June 18, 2007 at 6:00 p.m., by;
1. Adding the following to the list of zones in Section 30(1):
"special zones SZ-22"
2. Adding the following as Section 740(22):
"Special Zone #22 (S2#22)
a) Uses
Any land, building or structure may be used for the purpose of, and for no other purpose than,
iv) the following uses:
a club or lounge;
all other uses permitted in Section 520(1 )(a), subject to any applicable conditions
contained in Section 520(2);
v) the following uses subject to such terms and conditions as may be imposed by the
Conunittee:
a car sales lot;
all other uses permitted in Section 520(1 )(b), subject to any applicable conditions
contained in Section 520(2);
vi) subject to Section 830, an accessory building, structure or use, incidental to a use, building or
structure permitted in this zone.
b) Zone Standards
Standards for development in Special Zone #22 shall be as set out in Section 520(3), and Section
810 to 910 where this zone shall be considered a "B" zone, a "B-2" zone, or a business zone, as
the case may be."
3. Rezoning a parcel of land with an area of approximately 1650 square metres, located at 69 Russell
Street, also identified as being PID No. 55180723, from "B-2" General Business and "RM-tt'
Three Storey Multiple Residential to "SZ-22" Special Zone #22.
REASON FOR CHANGE:
To permit the existing restaurant to be licensed as a lounge, and to permit a car sales lot.
The proposed amendment may be inspected by any interested person at the office of the Common Clerk,
or in the office of PI arming and Development, City Hall, 15 Market Square, Saint John, N.R between the
hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City HalL
J. Patrick Woods, Common Clerk
658-2862
PROJET DE MODIFICATION DE L' ARRETlt SUR LE ZONAGE
OBJET: 69, RUE RUSSELL
Par les presentes, un avis public est donne par lequel Ie conseil commWlal de The City of Saint John
indique son intention d'etudier la modification suivante a l'arrete sur Ie zonage de The City of Saint
John, lors de la reunion ordinaire qui se dendra dans la salle du consei1le lundi 18 juin 2007 a 18 h :
I. L'adjonction de I' element suivant ala liste de zones du paragraphe 30(1) :
<< zones speciales 8Z-22 >>
2. L'adjonction du paragraphe 740(22) qui se lit comme suit:
<< Zone speciale nO 22 (82#22)
a) Usages
Tout terrain, batiment ou structure ne peut etre affecte :
IV) qu'aux utilisatians suivantes :
un club au un salon-bar;
tautes les autres utilisations permises en vertu de l' alinea 520(1)( a), sous reserve des
conditions stipulees au paragraphe 520(2);
v) qu'aux utilisations suivantes, sous reserve des conditions imposees par Ie comite :
un terrain affecte a la vente d'automobiles;
toutes les autres utilisations permises en vertu de I'alinea 520(1)(b), sous reserve des
conditions stipulees au paragraphe 520(2);
vi) sous reserve de 1 'article 830, qu'a une utilisation auxiliaire au accessoire liee it une
utilisation, un batiment ou une structure permis dans cette zone.
b) Normes de zone
Les normes d'amenagement dans la zone speciale nO 22 doivent etre canformes aux dispositions
du paragraphe 520(3) et des articles 810 a 910, et la zone en question doit etre consideree en tant
que zone (( B >>, zone (< B-2 >> au zone commerciale, selon Ie cas. >>
3. Modification du zonage d'une parcelle de terrain d'une superficie d'environ 1 650 metres carres,
situee au 69, rue Russell, et portant Ie NID 55180723, de zone commerciale generale (< B-2)> et
zone d'edifices it logements multiples de trois etages <<RM-1>> a zone speciale nO 22 << SZ-22 >>.
RAISON DE LA MODIFICATION:
Permettre au restaurant existant de devemr un salon-bar ayant une licence de debit de boisson, et
permettre un terrain affecte a la vente d'automobiles.
Toute personne interessee peut examiner Ie projet de modification au bureau du greffier communal au au
bureau de J'urbanisme et developpement a l'hOtel de ville au 15, Market Square, a Saint John, au
Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, saufles jours feries.
Veuillez faire part de vas objections au projet de modification par ecrit a 1 'attention du soussigne a I 'hOtel
de ville.
1. Patrick Woods, Greffier communal
658-2862
BY-LAW NUMBER C.P.110-
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:
ARRETlt NO C.P. 110-
ARRETE MODIFIANT L' ARRETE
SUR LE 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 L'arrete sur Ie zonage de The City
Saint John enacted on the nineteenth day of of Saint John, decrete Ie dix-neuf (19)
December, A.D. 2005, is amended by: decembre 2005, est modifie par:
1. Adding the following to the list of 1. L'adjonction de l'element suivant a la
zones in Section 30(1): liste de zones du paragraphe 30(1) :
"special zones SZ-22" << zones speciales SZ-22 >>
2. Adding the following as Section
740(22):
"Special Zone #22 (SZ#22)
a) Uses
Any land, building or structure
may be used for the purpose of,
and for no other purpose than,
i) the following uses:
a club or lounge;
all other uses permitted in
Section 520(1)(a), subject
to any applicable
conditions contained in
Section 520(2);
ii) the following uses subject to
such terms and conditions as
may be imposed by the
Committee:
a car sales lot;
all other uses permitted in
Section 520(1 )(b), subject
to any applicable
conditions contained in
Section 520(2);
iii) subject to Section 830, an
accessory building, structure or
use, incidental to a use,
building or structure permitted
in this zone.
b) Zone Standards
Standards for development in
Special Zone #22 shall be as set
out in Section 520(3), and Section
810 to 910 where this zone shall be
considered a "B" zone, a "B-2"
zone, or a business zone, as the
case may be."
3. Rezoning a parcel of land with an area
of approximately 1650 square metres,
located at 69 Russell Street, also
identified as being PID No. 55180723,
from "B-2" General Business and
2. L'adjonction du paragraphe 740(22)
qui se lit conune suit:
<< Zone speciale nQ 22 (SZ#22)
a) Usages
Tout terrain, biltiment ou structure
ne peut etre affecte :
i) qu'aux utilisations suivantes :
un club ou un salon-bar;
toutes les autres utilisations
permises en vertu de l'alinea
520(1)(a), so us reserve des
conditions stipulees au
paragraphe 520(2);
ii) qu'aux utilisations suivantes,
sous reserve des conditions
imposees par Ie comite :
un terrain affecte a la vente
d'automobiles;
toutes les autres utilisations
permises en vertu de
l'alinea 520(1)(b), sous
reserve des conditions
stiputees au paragraphe
520(2);
iii) sous reserve de l'article 830,
qu' a une utilisation auxiliaire
ou accessoire Iiee a une
utilisation, un batiment ou une
structure permis dans cette
zone.
b) Normes de zone
Les normes d' amenagement dans
la zone speciale nO 22 doivent etre
conformes aux dispositions du
paragraphe 520(3) et des articles
810 a 910, et la zone en question
doit etre consideree en tant que
zone ({ B)>, zone (< B-2 )) ou zone
conunerciale, selon Ie cas. >>
3. Modification du zonage d'une parcelle
de terrain d'une superficie d'environ I
650 metres carres, situee au 69, rue
Russell, et portant Ie NID 55180723, de
zone commerciale generale {( B-2)) et
"RM-l" Three Storey Multiple
Residential to "S2-22" Special Zone
#22
- all as shown on the plan attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the * day of *, A.D. 2007
and signed by:
zone d'edifices a logements multiples
de trois etages ((RM-l>> 11 zone
speciale nO 22 (( SZ-22 II
- toutes les modifications sont indiquees sur
Ie plan ci-joint et font partie du present
arrete.
EN For DE QUor, The City of Saint John
a fait apposer son sceau communal sur Ie
present arrete Ie 2007,
avec les signatures suivantes :
Mayor/Maire
Common Clerk/Greffier communal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture
Troisieme lecture
June 13, 2007
y our Worship and Councillors:
SUBJECT: Proposed Zoning By-law Amendment
69 Russell Street
On May 22, 2007 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its May 22, 2007 meeting.
Annette Bishop, Terry Thompson and John Hosford attended the meeting on
behalf of the application. They expressed agreement with the recommendation in
the attached report and answered questions posed by the Committee with respect
to the proposal. No other persons addressed the Committee and no letters were
received. However, the Committee did receive a copy of the petition in favour of
the proposal that the applicants had submitted to Common Council as part of their
application for rezoning.
After considering the matter, the Committee resolved to adopt the
recommendation contained in the attached report.
RECOMMENDATION:
A. That Common Council amend the Zoning By-law by:
1. Adding the following to the list of zones in Section 30(1):
"special zones SZ-22"
2. Adding the following as Section 740(22):
"Special Zone #22 (SZ-22)
a) Uses
Any land, building or stmcture may be used for the purpose of, and for
no other purpose than,
i) the following uses:
a club or lounge;
all other uses permitted in Section 520(1)(a), subject to any
applicable conditions contained in Section 520(2);
ii) the following uses subject to such terms and conditions as may be
imposed by the Committee:
a car sales lot;
all other uses permitted in Section 520( 1 )(b), subject to any
applicable conditions contained in Section 520(2);
Planning Advisory Committee
June 15, 2007
Page 2
iii) subject to Section 830, an accessory building, stmcture or use,
incidental to a use, building or stmcture permitted in this zone.
b) Zone Standards
Standards for development in Special Zone #22 shall be as set out in
Section 520(3), and Section 810 to 910 where this zone shall be
considered a "B" zone, a "B-2" zone, or a business zone, as the case
may be."
3. Rezoning a parcel of land with an area of approximately 1650 square
metres, located at 69 Russell Street, also identified as being PID No.
55180723, from "B-2" General Business and "RM-l" Three Storey
Multiple Residential to "SZ-22" Special Zone #22.
B. That pursuant to the provisions of Section 39 of the COllllllunity Planning Act,
the proposed establishment of a club or lounge and a car sales lot on the parcel
of land with an area of approximately 1650 square metres, located at 69
Russell Street, also identified as being PID No. 55180723, be subject to the
following conditions:
1. The number of licensed clubs or lounges on the site is restricted to a
maximum of one.
2. The club or lounge is restricted to the existing building and a maximum of
84 seats.
3. The provision of entertainment in conjunction with the clu b or lounge is
subject to the following restrictions:
a) entertainment is restricted to the interior of the building;
b) the sound from any recorded music or live entertainment must not
be detectable outside of the building;
c) "exotic entertainment" is prohibited.
4. Any car sales lot on the property is limited to the display of a maximum of
five cars at anyone time.
5. The existing gravel portion of the parking area must be paved and the
existing paved area must be repaved with asphalt prior to the
commencement of any club, lounge or car sales operation on the site.
Respectfully submitted,
Stephen Horgan
Chairman
Attachment
Project No. 07-172
DATE:
JUNE 8, 2007
TO:
PLANNING ADVISORY COMMITTEE
FROM:
PLANNING AND DEVELOPMENT
FOR:
MEETING OF JUNE 12, 2007
Randall G. Pollock, MCIP
Planner
SUBJECT:
Name of Applicant:
Nettie & Terry's Wing House Ltd. and John Hosford
Name of Owner:
625487 N.B. Ltd. (John Hosford)
Location:
69 Russell Street
PID:
55180723
Municipal Plan:
Service Corridor
Zoning:
Existing:
"B-2" General Business and "RM-l" Three
Storey Multiple Residential
"SZ-22" Special Zone #22
Proposed:
Proposal:
To convert an existing restaurant to a lounge and to
establish a small car sales lot
Type of Application:
Rezoning and Conditional Use (car sales lot)
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to
Common Council concerning proposed amendments to the Zoning By-law. Common Council will
consider the Committee's recommendation at a public hearing on Monday, June 18,2007.
Nettie & Terry's Wing House Ltd. and John Hosford
69 Russell Street
Page 2
June 8, 2007
The provisions of the proposed "SZ-22" zone authorize the Committee to impose terms and
conditions upon the establishment and operation of a car sales lot
STAFF RECOMMENDATION TO COMMITTEE:
A. That Common Council amend the Zoning By-law by:
1. Adding the following to the list of zones in Section 3 O( 1):
"special zones SZ-22"
2. Adding the following as Section 740(22):
"Special Zone #22 (SZ-22)
a) Uses
Any land, building or stmcture may be used for the purpose of, and for no other purpose
than,
i) the following uses:
a club or lounge;
all other uses permitted in Section 520(1)(a), subject to any applicable
conditions contained in Section 520(2);
ii) the following uses subject to such terms and conditions as may be imposed by the
Committee:
a car sales lot;
all other uses permitted in Section 520( 1 )(b), subject to any applicable conditions
contained in Section 520(2);
iii) subject to Section 830, an accessory building, stmcture or use, incidental to a use,
building or stmcture permitted in this zone.
b) Zone Standards
Standards for development in Special Zone #22 shall be as set out in Section 520(3), and
Section 810 to 910 where this zone shall be considered a "B" zone, a "B-2" zone, or a
business zone, as the case may be."
3. Rezoning a parcel of land with an area of approximately 1650 square metres, located at 69
Russell Street, also identified as being PID No. 55180723, from "B-2" General Business
and "RM-l" Three Storey Multiple Residential to "SZ-22" Special Zone #22
B. That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed
establishment of a club or lounge and a car sales lot on the parcel of land with an area of
approximately 1650 square metres, located at 69 Russell Street, also identified as being PID
No. 55180723, be subject to the following conditions:
1. The number of licensed clubs or lounges on the site is restricted to a maximum of one.
Nettie & Terry's Wing House Ltd. and John Hosford
69 Russell Street
Page 3
June 8, 2007
2. The club or lounge is restricted to the existing building and a maximum of 84 seats.
3. The provision of entertainment in conjunction with the club or lounge is subject to the
following restrictions:
a) entertainment is restricted to the interior of the building;
b) the sound from any recorded music or live entertainment must not be detectable
outside of the building;
c) "exotic entertainment" is prohibited.
4. Any car sales lot on the propeliy is limited to the display of a maximum of five cars at any
one time.
5. The existing gravel portion of the parking area must be paved and the existing paved area
must be repaved with asphalt prior to the commencement of any club, lounge or car sales
operation on the site.
C. That the Planning Advisory Committee impose no additional terms and conditions upon the
establishment and operation of a car sales lot at 69 Russell Street.
BACKGROUND:
On November 22, 1977, the Planning Advisory Committee granted variances to permit an
expansion of the Vito's restaurant with the provision of 13 off-street parking spaces on the (then)
adjacent lot at 67 Russell Street, whereas the Zoning By-law required a minimum of 15 spaces on
the same lot as the restaurant. The variances were granted subject to an agreement pursuant to
Section 101 of the Community Planning Act requiring site improvements in accordance with an
approved site plan. Although not specifically itemized as a variance, the parking area to the side of
the building was permitted to abut the front lot line of the property rather than have a landscaped
setback from the sidewalk (the area directly in front of the building, which did have parking
directly off the street, was required to be converted to a landscaped front yard).
On December 18, 1979, the Committee granted a variance to permit Vito's to erect an illuminated
pole sign on condition that the Section 101 agreement be amended to provide for completion of
all previous obligations by May 15, 1980; the size, location, design, etc. of the sign being
acceptable to the Deputy Commissioner of Community Planning; and that no permit be issued for
the sign until all other conditions of the agreement have been met. A note in the file indicates that
the required site work was completed and the amendment to the Section 101 agreement was
signed on June 5, 1981.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection.
Nettie & Terry's Wing House Ltd. and John Hosford
69 Russell Street
Page 4
June 8, 2007
Building and Technical Services has been advised of the application.
Saint John Transit advises that it offers extensive service in close proximity to this location
along Rothesay Avenue. There are no concerns with the application.
Fire Department has no objection; however the applicant is reminded to ensure that display cars
do not block the access route to the main building.
Saint John Police Force has been advised of the application.
N.B. Department of Public Health and Wellness has been advised of the application.
School Board has been advised of the application.
ANALYSIS:
Site and Nei2:hbourhood
The subject site is located on the east side of Russell Street, between Rothesay Avenue and
Kane's Corner, in East Saint John. This area contains a mixture of commercial, industrial and
residential uses. Russell Street is a major arterial street that is designated as part of the East Side
Service Corridor area by the City's Municipal Plan.
The site has a frontage of approximately 54 metres (177 feet) on Russell Street and a depth of
approximately 30 metres (IOO feet). It contains a long-existing restaurant (formerly Vito's) and an
associated parking area to the side. The original portion of the parking lot is paved. It appears that
at some time in the past the previous owner expanded the parking area southward onto a
residential lot, which is now incorporated into the site. This southerly portion of the parking lot is
not paved. The owner intends to repave the existing parking lot (the asphalt is in fairly poor
condition) and, at the same time, pave the existing gravel portion if the proposal is approved.
The properties to the north of the site are all zoned and developed commercially, while those to
the south are still occupied by residential uses. The house on the property immediately south of
the site is at a higher elevation due to the excavation that was undertaken by the previous owner
for the parking area.
The property on the opposite side of Russell Street from the site is a vacant industrial parcel that
has been acquired for use in conjunction with constmction of the One Mile House highway
interchange project. At the rear of the site is a high, almost vertical, rock face, on top of which are
the rear yards of the residential properties fronting on St. Catherine Street. A 4.5-metre (I5-foot)
wide undeveloped fire lane at the top of the rock face separates these residential properties and
the subject site.
Nettie & Terry's Wing House Ltd. and John Hosford
69 Russell Street
Page 5
June 8, 2007
Proposal
There are two components to the applicants' proposal; conversion of the existing restaurant to a
lounge, and establishment of a small car sales operation on a portion of the site.
The existing restaurant, now known as Nettie & Terry's Wing House, currently operates at this
location with a Dining Room liquor licence. The licence includes an Entertainment licence that
permits karaoke singing and one-man bands. The establishment has 61 seats, but is permitted
under the Dining Room licence to have up to 84 patrons, based on the floor area, rest room
facilities and emergency exiting. A 61-seat restaurant requires a minimum of 12 off-street parking
spaces, which can easily be accommodated on the original paved parking area. The original
parking area, along with subsequent expansion area can also easily accommodate the 17 parking
spaces that would be required if the establishment provided the licence maximum of 84 seats.
The restaurant operators wish to convert their liquor licence to a Lounge in order to permit the
consumption of alcoholic beverages with or without meals. Although the food service would
continue to exist for a majority of the operating hours, they would like to have the option of
closing the kitchen at certain times. They do not propose any other changes to the existing
operation.
At the same time, the owner of the site wishes to establish a small car sales lot at the south end of
the site's parking area (in the area currently zoned "RM-l" Three Storey Multiple Residential).
The car sales operation would only consist of three or four cars on display at anyone time. There
would be no building associated with the sales but, rather, the cars would have signs in the
windshields with a telephone number for interested persons to call.
The existing "B-2" General Business zoning of the site does permit a club or lounge, but requires
a minimum separation from churches, schools, "R" zones and from other clubs and lounges. The
establishment cannot meet the minimum separation requirement because of the proximity of the
residentially-zoned properties to the rear of the site on St. Catherine Street. The adjacent
properties fronting on Russell Street to the south of the site are also zoned residential, although
they are designated Service Corridor by the Municipal Plan. Similarly, while the "B-2" General
Business zone permits a car sales lot as a conditional use, it is subject to the condition that the lot
be located on a provincial highway. Russell Street is not considered to be a provincial highway
and, in any event, the portion of the site where the cars are proposed to be displayed is currently
zoned "RM-l" Three Storey Multiple Residential.
Consequently, the applicants have requested that the subject site be rezoned from "B-2" General
Business and "RM-l" Three Storey Multiple Residential to a special zone ("SZ-22"). The
proposed "SZ-22" zoning contains the same permitted and conditional uses as the "B-2" General
Business zone, but does not include the minimum separation requirement for lounges or the
requirement that a car sales lot front on a provincial highway.
Nettie & Terry's Wing House Ltd. and John Hosford
69 Russell Street
Page 6
June 8, 2007
The property-owner has provided the attached rough site plan of the property to indicate the
location of the building and layout of the parking, as well as the location of the proposed car sales
area. While the submitted plan illustrates the applicants' concept in a general way, it should be
noted that, based on scaling from air photography and staff's site visit, the parking area will
realistically only accommodate up to 25 or so cars with proper manoeuvring aisle widths, stall
dimensions and provision of an accessible loading space at the rear of the building. This more
realistic amount of parking would still be enough to accommodate the parking requirements for
the proposal.
Zonin2 Bv-law and LiQuor Licences
As suggested above, the "B-2" General Business zone provisions permit a restaurant, which may
be licensed as a Dining Room. The terms of a Dining Room licence require that meals be served in
the establishment and place strict limits on the amount of sales from alcohol as a percentage of
total receipts. The serving of alcohol is, therefore, considered to be incidental to the primary
purpose of the business as an eating establishment. A club or lounge, on the other hand, is
permitted to serve drinks with no requirement that food be made available, and beer, liquor and
wine sales can constitute up to 100 percent of the total receipts of the business. It should be noted
that these latter licences also apply to large night club type establishments as well as to facilities
such as Royal Canadian Legions.
Because of the differing nature of the various licence categories, the Zoning By-law treats
facilities with only a Dining Room licence differently from those holding a Club or Lounge
licence. A club or lounge must be separated by at least 150 metres ( 500 feet) from a church,
school or residential zone on the street on which the establishment fronts, and by at least 90
metres (300 feet) in any other direction. The facility must also be separated by at least 300 metres
(1,000 feet) from any other club or lounge on the same street or within a radius of 180 metres
(600 feet) in any other direction. The Zoning By-law does not prescribe any separation
requirements for facilities with Dining Room licences, recognizing that these do not have the same
potential impact as clubs and lounges.
Proposed Rezonin2 to "SZ-22"
The Zoning By-law's separation requirements are designed to reduce the negative effects of
licensed drinking establishments, as well as to prevent an undue concentration of night clubs in
one area. Parking, traffic and noise associated with the developments are the main factors that
cause a concern. Therefore, the applicant's proposal should be considered carefully.
The Committee and Council have approved similar rezonings in the past in situations where the
club or lounge is within a large shopping centre complex with significant building setbacks and
off-street parking facilities, and/or within an established commercial corridor with some form of
physical or spatial separation from the residentially-zoned properties. In assessing these approvals,
Nettie & Terry's Wing House Ltd. and John Hosford
69 Russell Street
Page 7
June 8, 2007
the size and nature of the proposed operation are also taken into account and, if approved, the use
is usually restricted in this regard by the imposition of conditions.
In the present case, the proposed lounge would be a relatively small operation with little or no
capacity to expand without the acquisition of additional land and further rezoning. It is located
within a designated Service Corridor that, while still containing existing residential properties
fronting on Russell Street to the south, is expected and intended to continue to transform into
more of an exclusively commercial corridor in the nlture. The more permanent residential
neighbourhood (to the rear of the site) is physically separated by the major difference in elevation
and the orientation of the residential properties toward St. Catherine Street.
With regard to the proposed car sales component of the proposal, the intent of the By-law in
restricting such uses to provincial highways is to prevent car sales activities in a "B-2" General
Business zone to major thoroughfares rather than more neighbourhood-oriented commercial areas
or isolated commercial properties within residential neighbourhoods. Again, in the present case,
the subject site is located on a major arterial street within a larger designated Service Corridor.
Also, it can be noted that a similar proposal was approved at nearby 85-89 Russell Street
approximately twenty years ago.
Given the above observations, the proposed rezoning can be supported. However, conditions will
be necessary to ensure that both the lounge and the car sales operation are limited in size, as well
as to ensure that the nature of the lounge operation remains as proposed. Based on the
approximate total number of spaces available in the parking area and the seating capacity of the
existing building, it is recommended that the number of cars for sale be limited to a maximum of
five cars. The lounge should continue to have a kitchen facility and provide food services until at
least 8:00 p.m. and entertainment should be restricted to the interior of the building and the sound
not be detectable on adjacent properties.
With respect to site development, the only improvement that would appear necessary is repaving
of the parking lot. Although the parking lot does not meet present-day standards with respect to
number of entrances, curbing and separation from the front lot line, this is not a major
redevelopment of the site and, therefore, improvements in this regard are not deemed necessary in
this case.
Conditional Use
As is the case in the "B-2" General Business zone, car sales lot is a conditional use in the
proposed "SZ-22" zone; that is, it is subject to such additional terms and conditions as may be
deemed necessary by the Planning Advisory Committee. As the proposal includes rezoning of the
property, it is possible for all necessary conditions to be imposed by Common Council in the form
of a Section 39 resolution. Section 39 resolutions are filed in the Registry Office with the
rezoning. As a result, it is not necessary for the Committee to impose an additional set of
conditions.
Nettie & Terry's Wing House Ltd. and John Hosford
69 Russell Street
Page 8
June 8, 2007
CONCLUSION:
With respect to the proposed lounge, provided that the size and overall nature of the existing
operation remains the same, the change from a Dining Room to a Lounge licence should have no
additional negative impact on adjacent and nearby residential properties. The proposed display of
a few cars for sale on the property on this major commercially designated street does not create
any concerns from a planning perspective. Consequently, the proposed special zoning for the
subject site can be supported with the conditions as set out in the recommendation.
RGP/r
Project No. 07-172
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
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Location: 69, promenade Bayside Drive
Date: May 16 mai 2007
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PID(s)/NIP(s):
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05/01/2007 13:43 506-652-3596
05/01/2007 11:02 1
CREATIVE SERVICES
PLANNING AND DEVELOP
......
Application for Amendment to Section 39 Resolution or A&reement
Demaode de modification de la resolution ou de I'enteofe relative it I'article 39
Applicant Related l.fonuatioD I Renseignements snr Ie demllDdeur
Name of Applicant / Nom du demandeur 1)8/,;J}I1JlF d:1l..Ulte) /"uC./iv A~' I A J~UP.A/tJcb
Mllling Addr~5 of Applicant I Mtesse pomle du demandeur ,2.'0 )AJJ)(I5T(2 JI!l" :J}Jl.1iE
,~5'.ff/l(ff.7/jflA.J1 .tJ. e < Ptlstal Code / Code posta] p.;e I /J;~
Telephone Number INl,,\mero de telephone:
HgmeJDOr'l\lo'lle Work/travail 6tJjZ.- 3S-96--;;~j -&>}'Oct
Fax Number I Numero dlllt61eooplN ~rf4. :-35"'~f? / .
N.... of_1: O~ C;ldl_~: Nom d. "",pri,~", (.1 djff;;mrt) Jo.?4~ w- sankluocJ
IlItjJ1f1, - 'IOi) /}fJ/ZtJ,5f ~4ilJ/i..1L ""'\;11 Code J Cod<'- .
Existing Resolution I Resolution actuelle.
Dato of "Resolution to be Amended I Dale de la resolution A mod.ifier
Loc.a.ticn I EmpllCClTletl~
Civil:! No. I No de voirie
Street I Rue
Pro /NtJl
Applicant's In~rest In Pro.perty / Interet de demandel,fT$. den la propriete
What is your Proposal'll En quoi cODBi,te votT4! propos~tion?
Note: Pr9"ide a fully dimensional drawing or plan whioh iIIu3tratl:S Y01,l.r proposaL (Describe proposal in detail)
Not;l~ Fo:umler lIr1 plan ou un desain entierement r:ate iIIustrant vetre proposition. (D~cril't la prQ~jtion ell. d&lI)
7tJ /;Ui-rJU} I'IEMmJ/tL ~ It s-EtTtmJ.rr Amir;efflX:lJ ~/tfd aT
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Si(rlJ Sl2P-'" 31)(3'
G(<ApUl(:-;;,-o r~l~' tfY;tJ ()/.JC/..
~. A fll~ ofS30D.OO is. anclosed in the form ofa ctJequc or M
Ci~joint de-a ih\is de 300 $ sow fume de
Signature ofAppli~ant I Sisnllt\.ltl! du dcmande\lt
Dare
Sign.ture of the owner ml.lit be: lncluded. / L.aslgnaturc due pMprtetalre dol ~!g.q.l. ::&e." /UJ-A / I I _-d-.:... _ ./
Signat\ITl! "fOwner (iF Iflpliclble) / signature du proprletalJe (s'lI y a lieu) ~JL ~~ ~
Date
CORPORATE SIGNAGE & GRAPHICS - DESIGN, PRODUCTION, INSTALLATION
TO: Patrick Foran, Saint John City Planning Dept.
DATE: April 23/07
FROM: Robin Prin~le
PG.1 of
RE: APPLICATION FOR SECTION 39 AMMENDMENT
Patrick:
Further to our telephone and email exchanges, I enclose:
- Completed Application form
- Site Photos I Drawings
- Application Fee of $300.00
Page 2 of this memo contains information regarding the applicant,
AXA Insurance and their presence in Saint John.
Please advise if you require any additional information for this purpose
and 1 will be happy to oblige.
Thank you.
290 INDUSTRIAL DRIVE - GRANDVIEW INDUSTRIAL PARK
SAINT JOHN. NEW BRUNSWICK E~ 1A5
TEL: (506) 6524595 FAX: (506) 652..3596
e~
AXA INSURANCE IN SAINT JOHN. NEW BRUNSWICK
Early in 2005,AXA Insurance opened their first offices in Saint John, located in
Hilyard Place at 600 Main St.
Over the past two years, demand for their services have forced them to re-Iocate
in the Place 400 complex. a short distance up the street. Their current office space has
grown to 8,330 square feet in size, with a total of 32 full-time staff employed.
Operating throughout Canada, AXA offers an extensive range of services. including
personal insurance products and financial services.
AXA currently employs more than 2250 employees, serving more than 4,000 brokers
and consultants, throughout Canada.
We are respectfully requesting. in our new location. the same variance that was earlier
granted for our Hilyard Place offices. We wish to move the existing approved sign from
Hilya rd Place to Place 400. Presently our sig n is on the Portland St. elevation. facing
East. In it's new location it would be on the Portland St. elevation. facing West.
The sign size is a modest 3ft by 3ft. It displays only our company logo, nothing more.
As with our prior location, we will undertake to keep our large office windows, free of
the unregulated signage. that is common to a number of Main 5t. premises. With the
opportunity to move our existing small sign. we will feel no need for further
identification on the exterior of our bUilding.
We thank you for your consideration.
Sincerely,
Robin Pringle
For AXA Insurance
Suite 2094,400 Main St.
Saint John, NB, E2K 4N5
II
February 16,2006
To Whom It May Concern,
Dear Sir I Madame,
We hereby authorize Creative Services Inc. to appl)' for Signage pennits and variances on our
behalf, with regard to out premises at 400 Main Street, Saint John.
Thank you for your help on this and if you have any questions please call me at 877-292-4968,
ext.4132.
Sincerely,
~t~44Sr-
John Henderson
Manager, Administration
AZA INSURAIK. IU..lIlADAJ
5700 Yange S[fet.'t. SUlle 1400. N()rth York. Onlcm() .\il2 M '. K)
Tf'If'ph"n..' l-iJ77-AXI\-4YOU ;2'};',4'J60t rilX 14161 ?SO.r,fBl
'--,
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1'"'~:~;:.~ 'II! $':I,11ir'.. r...."'), 1:'''''' rn a nag e 1T18n....
'., """i >,.. ....x ..~~ '.~~ ~,~~ ';_.1-", ';'t~,~r '''~.o,n ~
CnnadA Co.
Marcil 8, 2007
N<A Insurance
Place 400
400 Main Street
Saint John, NB
Dear Janet,
RE: Building Slgnage AXA Insurance
Please be advised that Sandalwood Management authorizes AXA Insurance to install new signage at
Place 400 as per the request received February 16ltl. Providing that any damage/repairs to the building
caused by the installation/removal of the signage will be at your cost includ ing any
maintenance/operating costs incurred.
Please sign i1 the space proVided belOW as your acceptance of the terms and fax back a copy to me
for my files.
Sincerely,
Ross Carpenter
Property Manager
Sandalwood Management
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Date
Sandalwood Management
400 Main Street. Saint John, NB
E2K 1.14
Tel: 506-632.2029
Fax: 506-634-8588
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 1100801 4422010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I Fax: (506) 674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJT J City Information Ad
Date(s): Tuesday, May 22,2007
Tuesday, June 12, 2007
.. SJT J Independent Placement
.. SJTJ Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
D General Notice 0 Tender 0 Proposal
~ Public Notice
Sub-Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
I
I
, I
PROPOSED AMENDMENT OF
SECTION 39 CONDITIONS
RE: 400 MAIN STREET
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider a proposal at its regular meeting to be held
in the Council Chamber on Monday, June 18,
2007 at 6:00 p.m., by:
Amending the Section 39 conditions imposed on
the July 3, 1973 rezoning of the subject property
located at 400 Main Street, also identified as PID
Number 55006027, to permit a revised proposal.
REASON FOR CHANGE:
To permit additional fascia signage.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square,
Saint John, N.B. between the hours of 8:30 a.m.
and 4:30 p.m., Monday through Friday, inclusive,
holidays excepted.
PROJET DE MODIFICATION DE
CONDITIONS DE L' ARTICLE 39
OBJET: 400, RUE MAIN
Avis public est donne, par la presente, que Ie
conseil communal de The City of Saint John a
Pintention d\~tudier la une proposition au cours de
la reunion ordinaire du conseil prevue Ie lundi 18
juin 2007 a 18 h dans la salle du conseil:
Modification des conditions de I' article 39
imposees relativement au rezonage du 3 juillet
1973 du terrain en question situe au 400, rue Main,
et identifiee sous Ie NID 55006027, pour permettre
la preparation d'une proposition revisee.
RAISON DE LA MODIFICATION:
Pour permettre les signes additionnels de fasce.
Toute persanne interessee peut examiner Ie projet
de modification au bureau du greffier communal au
au bureau de l'urbanisme et du developpement it.
l'h6tel de ville au IS, Market Square, Saint John,
N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi,
sauf les jours feries.
Written objections to the amendment may be sent Veuillez faire parvenir vos objections au projet de
to the undersigned at City Hall. modification par ecrit a l'attention du soussigne a
l'hOtel de ville.
J. Patrick Woods, Common Clerk
658-2862
J. Patrick Woods, Greffier communal
658-2862
PROPOSED AMENDMENT OF SECTION 39 CONDITIONS
RE: 400 MAIN STREET
Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a
proposal at its regular meeting to be held in the Council Chamber on Monday, June 18, 2007 at 6:00
p.m., by:
Amending the Section 39 conditions imposed on the July 3, 1973 rezoning of the subject property located
at 400 Main Street, also identified as PIO Number 55006027, to permit a revised proposal.
REASON FOR CHANGE:
To permit additional fascia signage.
The proposed amendment may be inspected by any interested person at the office of the Common Clerk,
or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the
hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City Hall.
J. Patrick Woods, Common Clerk
658-2862
PROJET DE MODIFICATION DE CONDITIONS DE L' ARTICLE 39
OBJET: 400, RUE MAIN
Avis public est donne, par la presente, que Ie conseil communal de The City of Saint John a I'intention
d'etudier une proposition au cours de la reunion ordinaire du conseil prevue Ie lundi, 18 juin 2007 it 18 h
dans la salle du conseil:
Modification des conditions de l'article 39 imposees relativement au rezonage du 3 juillet 1973 du terrain
en question situee au 400, rue Main, et identifiee sous Ie NID 55006027, pour permettre la preparation
d'une proposition n!ivisee.
RAISON DE LA MODIFICATION:
Pour permettre les signes additionnels de fasce.
Toute personne interessee peut examiner Ie projet de modification au bureau du greffier communal ou au
bureau de I'urbanisme et du developpement it I'hOtel de ville au 15, Market Square, Saint John, N.-B.,
entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ries.
Veuillez faire parvenir vos objections au projet de modification par ecrit a ('attention du soussigne it
]'hotel de ville.
J. Patrick Woods, Greffier communal
658-2862
, I
June 13, 2007
y our Worship and Councillors:
SUBJECT: 400 Main Street - Section 39 Amendment
On May 22, 2007, Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its June 12, 2007 meeting. Mr. Robin Pringle of
Creative Services Inc. appeared to speak on behalf of the application. No one
appeared with questions or concerns related to the application and no letters were
received.
After considering the attached report and Mr. Pringle's comments the Committee
adopted the recommendation set out below.
RECOMMENDATION:
That Common Council amend the Section 39 conditions imposed on the July 3,
1973 rezoning of the subject site at 400 Main Street, also identified as PID
Number 208, to permit the proposed fascia sign on the building's Portland Street
elevation, as generally illustrated on the submitted photos.
RespectnJlly submitted,
Stephen Horgan
Chairman
SKH
Attachments
Project No. 07-179
DATE:
JUNE 8, 2007
TO:
PLANNING ADVISORY COMMITTEE
FROM:
PLANNING AND DEVELOPMENT
FOR:
MEETING OF JUNE 12, 2007
Sarah Herring, MCIP
Planner
SUBJECT:
Name of Applicant:
Creative Services Inc. for AXA Insurance
Name of Owner:
9176-2542 Quebec Inc. c/o Arthur T. Doyle
Location:
400 Main Street
PID:
208
Municipal Plan:
Business Park
Zoning:
"ID" Integrated Development
Proposal:
To permit additional fascia signage for AXA Insurance.
Type of Application:
Section 39 Amendment
JURISDICTION OF COMMITTEE:
Common Council has requested the views of the Planning Advisory Committee concerning the
proposed amendment to the Section 39 conditions. Common Council will consider the Committee's
recommendation at a Public Hearing on :Monday, June 18,2007 at 7:00 p.m.
Creative Services Inc. for AXA Insurance
400 Main Street
Page 2
June 8, 2007
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council amend the Section 39 conditions imposed on the July 3, 1973 rezoning of the
subject site at 400 Main Street, also identified as PID Number 208, to permit the proposed fascia sign
on the building's Portland Street elevation, as generally illustrated on the submitted photos.
BACKGROUND:
The subject site, as well as other lands on Main Street, Hilyard Street and Chesley Drive, was placed
in an "ID" Integrated Development zone in 1973 in order to permit the redevelopment of the area in
accordance with the North End Urban Renewal Scheme. This scheme was adopted as a "proposal"
pursuant to Section 39 of the Community Planning Act. The "ID" Integrated Development zarling of
the subject site provides for the development and operation of the hotel and office portion of the
Place 400 complex as well as the signage concept for the overall development. The concept allowed
for exterior signs identifying the name of the complex, but limited the amount of exterior tenant
slgnage.
This concept has been amended a number of times to permit additional tenants signs in conjunction
with the main office building and hotel, mainly for major tenants of the development. The most recent
amendments occurred in April of 2005 to permit a freestanding monument sign for the Holiday Inn
Express and a freestanding "cube" sign for IBM located adjacent to one of the office building
entrances on Main Street.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objections to the proposed Section 39 Amendment.
Building and Technical Services has no objection to this proposal.
ANALYSIS:
The Place 400 development includes an office complex fronting on Main Street (on the subject site)
and a Holiday Inn Express hotel on the adjacent site. The office complex has evolved since its
constmction from an office/retail/entertainment complex to primarily office uses for a wide variety of
tenants.
The applicant is proposing to locate an exterior tenant sign for AXA Insurance on the Portland Street
elevation of the subject site. The proposed sign is approximately 0.91 metres (3 feet) by 0.96 metres
(3.16 feet) in size, and would contain only the AXA logo, as shown on the attached photos.
Creative Services Inc. for AXA Insurance
400 Main Street
Page 3
June 8, 2007
As noted in the Background section of this report, the subject site is zoned "ID" Integrated
Development, tying the development of the site, including signage, to an "approved proposal"
adopted by Common Council pursuant to Section 39 of the Community Planning Act. The applicant
is requesting that Common Council amend the approved proposal to pennit the proposed sign for
AXA Insurance. AXA's office was previously located in the adjacent Hilyard Place complex, and on
Febmary 23,2005 the Planning Advisory Committee considered an application to amend the Section
39 Conditions at 560 Main Street (Hilyard Place) to permit the same sign. As AXA was then
considered to be a smaller office tenant, staff and the Committee recommended that the application be
denied. Common Council approved the application at their Febmary 28, 2005 meeting.
Following an increase in demand for AXA' s services over the past two years, the growing company
has relocated to Place 400 and currently occupies approximately 774 square metres (8,330 square
feet) of office space in the building for 32 nJll-time employees. The applicant has noted that, should
the proposed Section 39 Amendment be approved, AXA will ensure that office windows will be kept
free of unregulated signage and that no nlrther identification on the exterior of the building will be
required.
The "ID" Integrated Development zoning of the subject site requires that any new exterior signage
must be approved by Common Council and is intended to prevent a proliferation of advertising on the
exterior of this large, highly visible development. Developments within "ill" Integrated Development
zones are generally encouraged to have an overall sign concept approved as a package so that new
signage that complies with the approved proposal can proceed without nlrther approvals. In the
absence of such an approved overall concept, as is the case with the Place 400 complex, new signs
must be considered by the Committee and Common Council on a case-by-case basis. In these
situations, a limited amount of signage is considered appropriate for businesses with their own
exterior entrances and for major internal tenants.
The proposed AXA Insurance sign will identify the company's corporate presence as a major tenant
of the Place 400 Complex. The proposed sign will not detract from the quality of the development
and can be considered appropriate at the proposed location. Approval of the proposed Section 39
Amendment is therefore recommended.
SKH
Project No. 07-179
SC
1:r
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
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Subject Site/site en question:
PID(s)/NIP(s): 55006027
Location: 400, rue Main Street
Date: May 30, 2007
Scale/echelle: Not to scale/Pas a I'echelle
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FCS HOUSING
PLANNIN6 AND DEVELDP
PAGE 03/04
PAGE El4/05
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ApplieatioD for a Zoning By-law Amendm~nt
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04/18/2007 15:42 6585171
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FCS HOUSING
PI..ANl'-IING AND DEVEL.OP
PAGE 04/04
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04/18/2007 15:42
5585171
FCS HOUSING
PAGE 01/04
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FAMILY & COMMUNjTY SERVICES 1'" APR 18 2001 ~J
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This message is intended only for the use Of the a~ressee and may contain informatiDn that is'
privileged and Gonfldel'1tial. ff you are not the intend dreclpjent, you are hereby notified that any
distribution of this oommunication is strictly prohibited. If au have received this c;ommunic:ation in error,
please noti.fy us immediately by telephone. i
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IF YOU DO NOT RECEIVE IS MESSAGE IN rT$' ENTIRETY, PLEASE CALL AS SOON AS
POSSIBLE AT (506) 658-4
('/' OPERATOR:
04/18/2007
15:42
5585171
FC5 HOUSING
PROPOSED ZONING BY-LAW
AMENDMENT
RE: 10 CULLODEN COURT
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 Chamber on Monday, June 18, 2007 at
~:oo p.m., by:
Rezoning a parcel of land located at
10 Culloden Court, having an area of
approximately 133 square metres, also identified as
being a portion of Pill No. 00017897, from
"RM-2" High Rise Multiple Residential to
"IL-l" N eighbourbood Institutional.
REASON FOR CHANGE:
To permit a transition house with six temporary
residents and staff.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square,
Saint John, N.B. between the hours of 8:30 a.m.
and 4:30 p.m., Monday through Friday, inclusive,
holidays excepted.
PiOJET DE MODIFICATION DE L'ARRETlt
SUR LE ZONAGE
OBJET: 10, COUR CULLODEN
;
;
A~' s public est donne, par la presente, que Ie
c seil communal de The City of Saint John a
l'i tention ct'etudier la modification suivante de
l' ete sur Ie zonage de The City of Saint John, au
c~urs de la reunion ordinaire du conseil prevue Ie
lurdi 18 juin 2007 a 1'\h dans la salle du conseil:
I
~ezonage d'une parcelle de terrain d'une superficie
approximative de 133 metres carres, situee au
1p, cour Culloden, et identifiee a partie du
~'ID 00017897, de zone de tours d'habitations a
I gements multiples HRM-2>> a quartier a
, cation collective << IL-l )>.
RAISON DE LA MODIFICATION:
Permettre l'etablissement d'une maison de transition
hebergeant six residents temporaires et son
persotmel.
Toute personne interessee peut examiner Ie projet
de modification au bureau du greffier communal ou
au bureau de l'urbanisme et du developpement a
llhOte! de ville au 15, Market Square, Saint John,
N.~B., entre 8 h 30 et 16 h 30 du hmdi au vendredi,
sauf les jours feries.
Written objections to the amendment may be sent Veuillez faire parvenir vos objections au projet de
to the undersigned at City Hall. modification par ecrit a l'attention du soussigne a
l'hOtel de ville.
], Patrick Woods, Common Clerk
658-2862
1. Patrick Woods, Greffier communal
658-2862
PROPOSED ZONING BY-LAW AMENDMENT
RE: 10 CULLODEN COURT
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 Chamber
on Monday, June 18, 2007 at 7:00 p.m., by:
Rezoning a parcel of land located at 10 Culloden Court, having an area of approximately 133 square
metres, also identified as PID No. 00017897, from "RM-2" Higb Rise Multiple Residential to "IL-1"
N eigbbourhood Institutional.
REASON FOR CHANGE:
To pemit a transition house with six temporary residents and staff.
The proposed amendment may be inspected by any interested person at the office of the Conunon Clerk,
or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the
hours of 8:30 a,m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City HalL
J. Patrick Woods, Common Clerk
658-2862
PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE
OBJET: 10~ COUR CULLODEN
Avis public est donne, par la presente, que Ie conseil conununal de The City of Saint Jo1m a l'intention
d'etudier la modification suivante de l'arrete sur Ie zonage de The City of Saint John, au cours de la
reunion ordinaire du conseil prewe Ie lundi~ 18 juin 2007 a 1\ h dans la salle du conseil:
Rezonage d'une parcelle de terrain d'une superficie approximative de 133 metres cam~s, situ6e au
10, cour Culloden, et identifi6e a partie du NID 00017897, de zone de tours d'babitations a logements
multiples <<RM-2>> a quartier a vocation collective << IL-l )).
RAISON DE LA MODIFICATION:
Pennettre l'etablissement d'une maison de transition hebergeant SIX residents temporaires et son
personnel.
Toute personne interess6e peut examiner Ie projet de modification au bureau du greffier communal ou au
bureau de l'urbanisme et du developpement a l'hotel de ville au 15, Market Square, Saint John, N.-B.,
entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ries.
Veuillez faire parvenir vos objections au projet de modification par ecrit a l'attention du soussigne a
l'h6tel de ville.
J. Patrick Woods, Greffier communal
658-2862
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Bud et Number: 1100801 4422010
De artment: Common Clerk's Office (Accou'nt # 71206
Contact: J. Patrick Woods
Phone: (506) 658-2862
ax: (506) Q74-4214
Special Instructions (if any)::
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJT J Independent Placement
.. SJT J Classifieds
Date(s): Tuesday, May 22, 2007
Tuesday, June ts. 2007
ot.
Date(s):
,. SJT J City Information Ad
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
D General Notice 0 Tender 0 Proposal
I!I Public Notice
Sub-Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
BY-LAWNUMBERC.P.1l0-
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
ARRETIt NO C.P. 110-
ARRETE MODIFIANT L' ARRETE
SUR LE WNAGE DE THE CITY OF
SAINT JOHN
Be it enacted by The City of Saint Lors d'une reunion du conseil
Jolm in Common Council convened, as communal, The City of Saint John a
follows: deerete ce qui suit:
The Zoning By-law of The City of L'arrete sur Ie zonage de The City
Saint John enacted on the nineteenth day of of Saint Jolm, decrete Ie dix-neuf (19)
December, A.D. 2005, is amended by: decembre 2005, est modifie par:
1 Amending Schedule "A", the
Zoning Map of The City of Saint John, by
rezoning a parcel of land located at 10
Culloden Court, having an area or
approximately 133 square metres, also
identified as being a portion of PID No.
00017897, from "RM-2" High Rise
Multiple Residential to "IL-I"
Neighbourhood Institutional.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal ofthe said City to be affixed
to this by-law the * day of *, A.D. 2007
and signed by:
1 La modification de l'annexe (<A)),
Plan de zonage de The City of Saint Jolm,
permettant de modifier la designation pour
um: parcelle de terrain d'une superficie
approximative de 133 metres cam~s, situee
au 10, cour Culloden, et identifiee a partie
du NID 00017897, de zone de tours
d'habitations a logements multiples (<RM-
2)) a quartier a vocation collective ({ IL-l )).
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur Ie
present arrete Ie 2007,
avec les signatures suivantes :
Mayor/Maire
Common Clerk/Greffier conununal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture
Troisieme lecture
May 30, 2007
y our Worship and Councillors:
SUBJECT: 10 Culloden Court - Rezoning Application
On May 7, 2007 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its May 29, 2007 meeting.
Mr. Ron McNeill of the Technical Services Division of Family and Community
Services appeared to speak in support of the application, and noted that his
division has been in contact with the Saint John Fire Department and is prepared
to undertake any required fire safety upgrades for the unit at 10 Culloden Court.
Ms. Patty Donovan, the House Coordinator for Coverdale Centre also appeared in
support of the application and offered additional clarification on the intent of the
proposed transition home and the supervision and policies for the temporary
residents at 10 Culloden Court.
Following consideration of the attached report and the information provided by
Mr. McNeill and Ms. Donovan, the Planning Advisory Committee adopted the
recommendation as set out below.
RECOMMENDATION:
1. That Common Council rezone a parcel of land with an area of
approximately 183 square metres, located at 10 Culloden Court, also
identified as being a portion of PID Number 00017897, from "RM-2"
High Rise Multiple Residential to "IL-l" Neighbourhood Institutional.
2. That, pursuant to Section 39 of the Community Planning Act, the proposed
rezoning be subject to the condition that the use of the property is limited
to a community centre and grounds, a group care facility housing a
maximum of 10 persons and not including a public hospital or a jailor
similar correctional institution, a kindergarten, nursery or day care centre,
or senior citizens housing in association with a group care facility and
subject to the unit size requirements of Section 310(3)(g) of the Zoning
By-law, and further, that upon rezoning of the property, the land and
Planning Advisory Committee
June 15, 2007
Page 2
building or stmcture thereon must be developed and used in conformity
with the proposal and condition identified herein.
Respectfi.Jlly submitted,
Stephen Horgan
Chairman
SKH
Attachments
Project No. 07-150
DATE:
MAY 25, 2007
TO:
PLANNING ADVISORY COMMITTEE
FROM:
PLANNING AND DEVELOPMENT
FOR:
MEETING OF MAY 29, 2007
Sarah Herring, MCIP
Planner
SUBJECT:
Name of Applicant:
Family and Community Services - Housing
Name of Owner:
New Bnmswick Housing Corporation
Location:
10 Culloden Court
PID:
17897 (portion thereof)
Municipal Plan:
Medium Density Residential
Zoning:
current: "RM-2" High Rise Multiple Residential
proposed: "IL-l" Neighbourhood Institutional
Proposal:
To permit a transition home for 6-12 temporary residents and
staff.
Type of Application:
Rezoning.
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to
Common Council concerning proposed rezoning applications. The Committee's recommendation will
be considered by Common Council at a Public Hearing on Monday, June 18 at 6:00 p.m.
Family and Community Services - Housing
10 Culloden Court
Page 2
May 25,2007
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land with an area of approximately 183 square
metres, located at 10 Culloden Court, also identified as being a portion of PID Number
00017897, from "RM-2" High Rise Multiple Residential to "IL-l" Neighbourhood
Institutional.
2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed
rezoning be subject to the condition that the use of the property is limited to a community
centre and grounds, a group care facility housing a maximum of 10 persons and not including
a public hospital or a jailor similar correctional institution, a kindergarten, nursery or day care
centre, or senior citizens housing in association with a group care facility and subject to the
unit size requirements in Section 310(3 )(g) of the Zoning By-law, and fi.lrther, that upon
rezoning of the property, the land and building or stmcture thereon must be developed and
used in conformity with the proposal and condition identified herein; and
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objections to the proposed rezoning.
Building and Technical Services will require complete floor plans prior to approval of a Building
Pennit. There may be life safety issues requiring upgrading prior to occupancy of the building as a
transition house.
Fire Department has no objection to this application provided that:
fire rated doors (20 minutes) with appropriate door closures are installed to separate the
bedrooms;
all smoke alarms need to be hard wired and interconnected per the National Building Code
Section 9.10.18.4; and
any consideration to have more than 6 residents and staff will require an additional application.
On this note, there are substantial differences in property requirements if the number of residents
mcreases.
Saint John Police Force has been advised of this application.
ANALYSIS:
Site and Neighbourhood
The subject site is located in the New Bnmswick Housing Corporation development located between
Crown Street and Bnmswick Drive in the City's South End. The subject site, 10 Culloden Court, is a
semi-detached dwelling with four bedrooms on the second floor. The surrounding area contains
Family and Community Services - Housing
10 Culloden Court
Page 3
May 25,2007
multiple-family dwellings also owned by the New Bnmswick Housing Corporation. Parking for this
development is located in a central parking lot offBmnswick Street, and each of the COUlis in the
development can then be accessed on foot from either the parking lot or from the sidewalk on Crown
Street.
Proposal
The applicant is a non-profit organization, governed by a board of directors, which currently offers
programs and services to women including group and individual counselling, a drop-in centre where
women can find support, referrals to community services, general counselling, addiction counselling,
positive recreation, self-improvement courses and educational upgrading. Coverdale Centre also
offers programs at the Saint John Regional Correctional Centre and provides residential facilities that
offer independent living with supports and life skills training.
The applicant is now proposing to lease the subject site from the Department of Family and
Community Services for use as a transition home for 6-12 homeless women. The facility would
provide short-term housing (to a maximum of one month) with 24-hour supervision and support for
homeless women while they transition to more permanent housing arrangements. The applicant does
not plan to make any stmctural changes to the subject site and the attached internal site plan
illustrates how the dwelling unit will be arranged.
This application is similar to one which was considered for a homeless women's shelter on the West
Side in July of2003. The Committee considered the application to rezone the property at 186 Queen
Street West from "R-2" One and Two Family Residential to "IL-l" Neighbourhood Institutional to
permit an increase in the occupancy of an existing homeless women's shelter. The Committee
recommended approval of the application; however, Common Council tabled the application at their
meeting on July 21, 2003 to allow time for discussions between the applicant and concerned
residents. Following an Open House and two meetings held by the applicant in July and August,
Council denied the application for rezoning at its meeting of September 2, 2003.
On December 9,2005 the Committee considered an application to rezone the same property from "R-
2" One and Two Family Residential to "SZ-19" to permit the establishment of a group care facility for
homeless women. The Committee recommended approval of the rezoning, with a revised
recommendation that the facility be limited to a maximum of 10 homeless women and one apartment
within the same building. Common Council subsequently approved the rezoning with the
Committee's recommended Section 39 conditions.
Zoning and Municipal Plan Policies
The proposed transition home falls under the Zoning By-law's definition of a group care facility,
which is not permitted under the site's existing "RM-2" High Rise Multiple Residential zoning. Were
the proposed facility to house a maximum of 5 women, it could be permitted under the present zoning
as afamily, defined by the Zoning By-law as not more thanflve persons occupying a dwelling unit as
Family and Community Services - Housing
10 Culloden Court
Page 4
May 25,2007
a single, non-prqf7t housekeeping unit. The proposal to house between 6 and 12 women; however,
requires that the site be rezoned to "IL-l" N eighbourhood Institutional to permit a group care facility.
The subject site and surrounding area are designated as Mediul1l Density Residential by the Municipal
Plan. The Plan's policies envision that various types of residential accommodations and local
institutional uses, such as churches, schools, small clinics and nursing homes, will be permitted in
these areas. Small-scale, local institutional uses are considered to be compatible with and required in
close proximity to residential neighbourhoods. These uses are; however, required to observe suitable
standards to ensure that they do not become a nuisance or result in the depreciation of adjacent
residential uses. Basic site requirements intended to mitigate the potential impact of "IL-l"
Neighbourhood Institutional uses include increased minimum setbacks and limitations on building
height and lot coverage. These requirements are especially important for larger institutional uses,
such as large care facilities or schools.
In this case, the proposal is limited to a maximum 12-bed transition home that will be wholly
contained within an existing four-bedroom semi-detached dwelling. Although the subject site does
not meet the typical lot area, side yards or maximum lot occupancy for a freestanding building on its
own lot in the "IL-l" Neighbourhood Institutional zone, the front and rear yard and landscaping
requirements are exceeded and the proposed use does not appear to be out of context with the
surrounding neighbourhood. It is expected that the short term residents of the transition home will
fi.1l1ction largely like afamily within the dwelling unit, especially given the continuous supervision and
support services offered to these women during their residency. The subject site is similar in
appearance to the other semi-detached dwelling units in the neighbourhood, save for a small sign in a
front window, and it is expected that the exterior of the subject dwelling unit and the front and rear
yards will continue to be maintained as they are at present.
The Zoning By-law requires one off-street parking space for every six group care beds in a group
care facility. Using this formula, the proposed transition home would require 2 parking spaces if the
proposed maximum of 12 beds were provided. Parking spaces are currently provided for the
development in the central parking area offBmnswick Street, and although parking spaces are not
designated for each unit, it is not expected that parking will be a problem as likely only the staff of the
transition home will be driving to the site.
Fire Safety Concerns
The original application received from Community and Family Services stated that only 6 residents
and staff would be housed in the proposed transition home. Subsequent discussions with the
Coverdale Centre revealed that between 6 and 10 residents would be housed, with 10 beds provided
in the upstairs bedrooms as shown on the attached site plans. The applicant also stated that should an
additional 2 persons require housing (an "overflow" situation), they would be housed on cots in the
basement.
This information was not available at the time that the Fire Department's comments were requested;
however, the comments provided noted that additional fire safety measures would be required should
Family and Community Services - Housing
10 Culloden Court
Page 5
May 25,2007
more than 6 residents be housed at the subject site. As well, it is not known whether the windows in
the basement would be acceptable to the Fire Department and the National Building Code as a means
of emergency egress. Coverdale Centre has been advised of the Fire Department's conunents and has
noted that they will contact the Department; however, it is recommended that the transition home be
limited to a maximum of 10 persons plus staff, provided that all required fire safety measures are
implemented.
CONCLUSION:
The proposed transition home appears to be a compatible institutional use in this neighbourhood,
especially given that there are no other group care facilities in close proximity to the subject site. The
rezoning of this site from "RM-2" High Rise Multiple Residential to "IL-l" Neighbourhood
Institutional to pennit a transition home for homeless women can be supported, but it is
recommended that conditions be imposed pursuant to Section 39 of the Community Planning Actto
limit the use of the site to a group care facility with a maximum of 10 beds.
SKH
Project No. 07-150
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
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Date: May 1, 2007
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Application for Amendment to Section 39 Resolution or Agreement
Demande de modification de la resolution ou de I'entente relative it I'article 39
Applicant Related Information / Renseignements sur Ie demandeur
Name of Applicant! Nom du demandeur &0 f 'J<JM YAlcJ- lj 00 # 'E}Jc..
Mailing Address of Applicant / Adresse postale du demandeur j q -.:2J Ha. Zen ftuenu e.
--..s,.L.NI-t- ~ AJj, Postal Code / Code postal &dL - .3GG;.
Telephone Number J Numero de telephone:
Home/Domicile (~) 7?3-0t?tJt? Work/travail [SO')''1/, -dlOq
Fax Number / Numero de telecopieur {StJlJ Gji.J -tJ 1 f.5
Name of Property Owner (if different) / Nom du proprh~taire (si different)
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J.-ro- ~MhuJ ~~ ~ I ~t-Sd\.A.. Postal Code/Code postal EdL"3&(,
Existing Resolution I Resolution actuelle
Date of Resolution to be Amended I Date de la resolution a modifier
Location / Emplacement / ~ Prrn (.i!J ~du.>>fd ~
Civic No. / No de voirie Street I Rue
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PID / NIP
Applicant's Interest in Property I Interet de demandeurs dan la propriete
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What is your Proposal? / En quoi consiste votre proposition?
Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail)
Nota: Fournier un plan au un dessin entierement cote ilIustrant votre proposition. (Decrire la proposition en detail)
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~ A fee of$300.00 is enclosed in the form ofa cheque or Money Order made payable to the City of Saint John.
Ci-joint des frais de 300 $ sous forme de cheque ou de mandat-poste Iibelle a I'ordre de The City of Saint John.
Signature of ~p~D~ demandeu, ?~mdA'~
fi/~RPeF'\I!D ~~~\ Date ~ ,2J'/;i!J'&/
Sig"3tu the own" must b. includ \.aSign"ur. due pcoprietair. doit etr. lncl:" f) e' - /1
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PROPOSED SECTION 39 AMENDMENT
RE: PRINCE EDWARD SQUARE
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider a proposal at its regular meeting to be held
in the Council Chamber on Monday, June 4, 2007
at 7:00 p.m., by:
Amending the proposal adopted by Council on
May 8, 1972 pursuant to Section 39 of the
Community Planning Act in conjunction with the
"ID" Integrated Development zoning of
Prince Edward Square, also identified as
PID 55158133, to permit additional exterior
signage.
PROJET DE MODIFICATION DE
L' ARTICLE 39
OBJET: PRINCE EDWARD SQUARE
Par les presentes, un avis public est donne par
lequel Ie conseil communal de The City of
Saint John indique son intention d'examiner une
proposition 10rs de la reunion ordinaire qui se
tiendra Ie lundi 4 juin 2007 a 19 h dans la salle du
conseil en apportant les modifications suivantes :
La modification de la proposition, adoptee par Ie
conseille 8 mai 1972, en vertu de l'article 39 de la
Loi sur /'urbanisme, de concert avec Ie zonage de
developpement integre <( ID >) de Prince Edward
Square, portant egalement Ie NID 55158133, pour
permettre la mise en place de panneaux d'affichage
supplementaires a l'exterieur.
REASON FOR CHANGE: MOTIFS DE LA MODIFICATION:
To permit signage for the YMCA-YWCA's new Permettre la mise en place de panneaux d'affichage
location. pour les nouveaux locaux du YMCA-YWCA.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square,
Saint John, N.S. between the hours of 8:30 a.m.
and 4:30 p.m., Monday through Friday, inclusive,
holidays excepted.
Toute personne interessee peut examiner la
modification proposee au bureau du greffier
communal ou au bureau de l'urbanisme et du
developpement a l'h6tel de ville situe au
15, Market Square, a Saint John, au
Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du
lundi au vendredi, sauf les jours feries.
Written objections to the amendment may be sent Veuillez faire part de vos objections au projet de
to the undersigned at City Hall. modification par ecrit a l'attention du soussigne a
l'hOtel de ville.
1. Patrick Woods, Common Clerk
658-2862
J. Patrick Woods, greffier communal
658-2862
PROPOSED SECTION 39 AMENDMENT
RE: MARKET SQUARE
Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a
proposal at its regular meeting to be held in the Council Chamber on Monday, June 4,2007 at 7:00 p.m.,
by:
Amending the proposal adopted by Council on May 8, 1972 pursuant to Section 39 of the Community
Planning Act in conjunction with the "10" Integrated Development zoning of Prince Edward Square, also
identified as prD 55158133, to permit additional exterior signage.
REASON FOR CHANGE:
To permit signage for the YMCA- YWCA's new location.
The proposed amendment may be inspected by any interested person at the office of the Common Clerk,
or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.H. between the
hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City Hall.
J. Patrick Woods, Common Clerk
658-2862
------------------------------------------------------------------
PROJET DE MODIFICATION DE L' ARTICLE 39
OBJET: PRINCE EDWARD SQUARE
Par les presentes, un avis public est donne par lequel Ie conseil communal de The City of Saint John
indique son intention d'examiner une proposition lars de la reunion ordinaire qui se tiendra Ie
luudi 4 juiu 2007 Ii 19 h dans la salle du conseil en apportant les modifications suivantes :
La modification de la proposition, adoptee par Ie conseille 8 mai 1972, en vertu de l'article 39 de la Loi
sur l'urbanisme, de concert avec Ie zonage de developpement integre <<ID )) de Prince Edward Square,
portant egalement Ie NID 55158133, pour permettre la mise en place de panneaux d'affichage
supplementaires a l'exterieur.
MOTIFS DE LA MODIFICATION:
Permettre la mise en place de panneaux d'affichage pour les nouveaux locaux du YMCA-YWCA.
Toute personne interessee peut examiner la modification proposee au bureau du greffier communal ou au
bureau de I'urbanisme et du developpement it l'hOtel de ville situe au 15, Market Square, it Saint John, au
Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, saufles jours feries.
Veuillez faire part de vos objections au projet de modification par ecrit a 1'attention du soussigne a I'hOtel
de ville.
J. Patrick Woods, greffier communal
658-2862
PROPOSED SECTION 39 AMENDMENT
RE: PRINCE EDWARD SQUARE
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider a proposal at its regular meeting to be held
in the Council Chamber on Monday, June 18,
2007 at"'f.:OO p.m., by:
/.g
Amending the proposal adopted by Council on
May 8, 1972 pursuant to Section 39 of the
Community Planning Act in conjunction with the
"IO" Integrated Development zoning of
Prince Edward Square, also identified as
PID 55158133, to permit additional exterior
slgnage.
PROJET DE MODIFICATION DE
L'ARTICLE 39
OBJET: PRINCE EDWARD SQUARE
Par les presentes, lUl avis public est donne par
leque[ Ie conseil communal de The City of
Saint John indique son intention d'examiner une
proposition Ion; de la relUlion ordinaire qui se
tiendra Ie lundi 18 juin 2007 a 'tt,h dans la salle
du conseil en apportant lek~ modifications
sui vantes :
La modification de la proposition, adoptee par Ie
conseille 8 mai 1972, en vertu de l'article 39 de la
Loi sur ['urbanisme, de concert avec Ie zonage de
developpement int{:gre (( 1D>> de Prince Edward
Square, portant egalement Ie NID 55158133, pour
permettre la mise en place de panneaux d'affichage
supplementaires a I'exterieur.
REASON FOR CHANGE: MOTIFS DE LA MODIFICATION:
To permit signage for the YMCA-YWCA's new Permettre la mise en place de panneaux d'affichage
location. pour les nouveaux locaux du YMCA-YWCA.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square,
Saint John, N.B. between the hours of 8:30 a.m.
and 4:30 p.m., Monday through Friday, inclusive,
holidays excepted.
T oute personne interessee peut examiner la
modification proposee au bureau du greffier
communal ou au bureau de l'urbanisme et du
developpement it l'h6tel de ville situe au
15, Market Square, a Saint Jolm, au
Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du
lundi au vendredi, sauf les jours f6ries.
Written objections to the amendment may be sent Veuillez faire part de vas objections au projet de
to the undersigned at City Hall. modification par ecrit a l'attention du soussigne a
l'hOtel de ville.
J, Patrick Woods, Common Clerk
658-2862
J. Patrick Woods, greffier communal
658-2862
PROPOSED SECTION 39 AMENDMENT
RE: PRINCE EDWARD SQUARE
Public Notice is hereby given that the Common Council of The City of Saint J aim intends to consider a
proposal at its regular meeting to be held in the Council Chamber on Monday, June 18, 2007 at 7:00
p.m., by:
Amending the proposal adopted by Council on May 8, 1972 pursuant to Section 39 of the Community
Planning Act in conjunction with the "ID" Integrated Development zoning of Prince Edward Square, also
identified as PID 55158133, to pennit additional exterior signage,
REASON FOR CHANGE:
To permit signage for the l'MCA-YWCA's new location.
The proposed amendment may be inspected by any interested person at the office of the Common Clerk,
or in the office of Planning and Development, City Hall, 15 Market Square, Saint Jalm, N.R between the
hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City Hall.
J. Patrick Woods, Common Clerk
658-2862
------------------------------------------------------------------
PROJET DE MODIFICATION DE L'ARTICLE 39
OBJET: PRINCE EDWARD SQUARE
Par les presentes, un avis public est donne par lequel Ie conseil communal de The City of Saint John
indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra Ie
lundi 18 juin 2007 a 1th dans la salle du conseil en apportant les modifications suivantes :
La modification de la proposition, adoptee par Ie conseille 8 mai 1972, en vertu de Particle 39 de la Loi
sur l'urbanisme, de concert avec Ie zonage de developpement integre <<ID>> de Prince Edward Square,
portant egalement Ie NID 55158133, pour permettre la mise en place de panneaux d'affichage
supplementaires a l'exterieur.
MOTIFS DE LA MODIFICATION:
Permettre la mise en place de panneaux d'affichage pour les nouveaux locaux du 'YMCA~ YWCA.
Toute personne interessee peut examiner 1a modification proposee au bureau du greffier communal au au
bureau de l'urbamsme et du developpement a l'hOtel de ville situe au 15, Market Square, a Saint Jo1m, au
Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries.
Veuillez faire part de vos objections au projet de modification par ecrit a l'attention du soussigne a l'hotel
de ville.
J. Patrick Woods, greffier communal
658-2862
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 1100801 4422010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods.
Phone: (506) 658-2862 I Fax: (506) 674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJT J City Information Ad
Date(s): Tuesday, May 22, Z007
Tuesday, June 12, 2007
.. SJTJ Independent Placement
.. SJTJ Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
o General Notice D Tender D Proposal
~ Public Notice
Sub-Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
Planning
Advisory Committee
P.O. Box 1971
Saint John
New Brunswick
Canada E2L 4L1
506658-2800
q . ~ C~)
May 30, 2007
Your Worship and ctunCillors:
~' City of Saint John
SUBJECT: Prop sed Section 39 Amendment -IOO Prince Edward Street
(Prin e Edward Square)
On May 7; 2007 Co on Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attach d report at its May 29; 2007 meeting. Shilo Boucher
attended the meeting d spoke in favour of the proposed amendment. No other
persons attended the eeting and no letters were received.
After considering the I' attached report, the Committee adopted the recommendation
contained therein.
RECOMMENDAT ON:
That the proposal ad pted by Common Council on May 8; 1972 pursuant to
Section 39 of the Co unity Planning Act in conjunction with the .'ID"
Integrated Developm nt zoning of Prince Edward Square be amended to permit
one additional exteri r facia sign, having a maximum area of 1.48 square metres
(16 square feet) and I cated on the southwest side of the building, facing the
entrance to the under round parking area.
I
itt,d,
I
!
PF
Attachments
Planning and Development
Urbanisme et developpement
P.O. Box/C.P. 1971
Saint John, NB/N.-B.
Canada E2L 4Ll
w'N\V.saintjohn.ca
DATE:
MAY 4, 2007
PL ING ADVISORY COMMITTEE
The City of Saint John
TO:
FROM:
ING AND DEVELOPMENT
FOR:
MEET G OF MAY 29, 2007
M~/~
· Patrick F o rail
Planning Officer
SUBJECT:
Name of Applicant:
Saint John YMCA-YWCA Inc.
Name of Owner:
Tidan Inc.
Location:
100 Prince Edward Street (Prince Edward Square)
PID:
5515813
Municipal Plan:
Uptown Regional Centre
Zoning:
"10" Integrated Development
Proposal:
To place a facia sign advertising the new location of the
Saint John YMCA-YWCA.
Type of Application:
Section 39 Amendment
JURISDICTION OF COM ITTEE:
i
Common Council has requested the views of the Planning Advisory Committee concerning the
proposed amendment to the approved development concept for Prince Edward Square. Common
Saint John YMCA-YWCA Inc.
100 Prince Edward Street
Page 2
May 25, 2007
i
Council will consider the COl~mittee's recommendation at a Public Hearing on Monday, June
18,2007. I
ST AFF RECOMMENDA T~ON TO COMMITTEE:
That the proposal adopted by ommon Council on May 8, 1972 pursuant to Section 39 of the
Community Planning Act in onjunction with the "ID" Integrated Development zoning of Prince
Edward Square be amended t permit one additional exterior facia sign, having a maximum area
of 1.48 square metres (16 squ e feet) and located on the southwest side of the building, facing
the entrance to the undergrou d parking area.
BACKGROUND:
The subject property was zon d "ID" Integrated Development in 1972 to allow the construction
of Prince Edward Square in a cordance with a development concept approved by Common
Council pursuant to Section 3 of the Community Planning Act. Several amendments to this
original scheme have been ap roved since 1972, including several signs, canopies, enclosure of a
loading dock and two additio al entrances to the building on Prince Edward Street.
The most recent sign to be apf' roved was a facia sign to advertise "H & R Block Cashback",
approved in January of 1997. i
i
INPUT FROM OTHER SOjuRCES:
I
Municipal Operations and tngineering indicates that they have no objections to the proposed
Section 39 amendment. i
!
i
!
~uilding and Technical Se1. ices advises that they have no concerns regarding the proposed
slgnage. I
ANALYSIS: I
;
The Prince Edward Square sh' pping mall is on the fringe of the Uptown and was developed in
the early 1970's. Similar to 0 er developments in the "ID" Integrated Development zone, such
as Market Square, all site im rovements (including signage) must be developed in accordance
with a plan approved by Com on Council at the time of rezoning. The approved concept for
signage included a combinati n of freestanding and facia signs to identify the name of the
development and major tenan s with their own exterior entrance. This concept is similar to the
Zoning By-law's standard for:the "SC" Shopping Centre zone. The intent of the standard is to
avoid the cluttered appearanct of a proliferation of signage on the building.
Saint John YMCA-YWCA Inc.
100 Prince Edward Street
Page 3
May 25, 2007
As noted above, a number of endments have been approved to accommodate additional signs.
Most of these have been for ajor tenants who do not have their own exterior entrance or for
smaller tenants with a separat entrance, On a number of occasions, the mall management has
been encouraged by staff to d velop a comprehensive signage scheme in order to avoid
individual applications such the present proposal. While these suggestions have been
positively received, they have not resulted in the submission of a comprehensive plan.
The present applicant is seeki g approval of one facia sign, as illustrated on the attached site plan
and drawing. The sign would ave an area of 1.5 square metres (16 square feet) and would be
located next to the main entr ce to the mall. The sign would display the logo for the YMCA-
YWCA and would not contai any other text or graphics. The purpose of the sign is to advertise
the new location of the YMC - YWCA
While the applicant is not a ajor tenant in terms of occupied floor space and does not have its
O\NU exterior entrance, the vo ume of traffic generated by this occupant would suggest that an
exterior identification is appr priate. The main entrance fayade is the appropriate location for
such signage and given that t e proposed sign is smaller than those which have been previously
erected approval of this appli ation can be supported.
PF
Project No. 07.152
PLANNING AND DE ELOPMENT/URBANISME ET DEVELOPPEMENT
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PID(s)/NIP(s}:
55158133
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Subject Site/site en q estion:
-
Location: 100, rue Pri ce Edward Street
Date: May / mai 4, 20P7
!
Scalelechelle: Not to cale/Pas a I'echelle
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't'X'J' CAE/ON PLYWOOD SIGN WITH VINYl GflAPH1CS
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De~IJl. i. ..~(
AR~~=
THIS DESlGN IS THE PROPERlY
01<' DESIGN ART SIGNS
AND MAY NOT BE REPRODUCED BY
,NY MEANS, OR SHOWN TO A COMPETITOR
WITHOUT TilE WRITIEN CONSENT
0.' DESIGN ART SIGNS
phone: 506-648-1 89J fllll: 506.648.1894
Designed F.llclusively for:
Approval:
Dale:
FlIX #:
Job#:
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PRINCE EDWARD STREET
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rince Edward Square
CORNER OF UNION & PRINCE EDWARD STREETS
SAINT JOHN, NEW BRUNSWICK
MONDAY THROUGH SATURDAY 9:30 A.M. m 9:30 PM
/l-f. j)IJrJ( etf}wrM))
Application for a Zoning By-law Amendment
Demande de modification a I'arrete sur Ie zonage
Applicant Related Information I Renseignements sur Ie demandeur
NameofApplicant/Nomdudemandeur Ill!. t!l,,(lW/:!"/iT H ER ~ SONS ~'T])
Mailing Address of applicant I Addresse postale du demandeur I. 0 I t315 'l ~ I t./ 7
.:514 I AI r do fJ /U N. B Postal Code I Code postal C a2 L- a T..s-
Telephone Number I Numero de telephone :JOb.J 634-- () 7 Y {)
Home I Domicile 9 tf 9 - /62 r? Work I Travail 6:34 -~ 7f7() dZJ 6.s~~CJOO
Fax Number I Numero de iClecopieur 6:s-~ - O~ 03
Name of Property Owner (if different) I Nom do proprietaire (si different)
1<t>t1Jtl1/VD G I1UlfL/;tj
Address I Adresse ~r() /..1/4 il (J / I r r C au It .,- Postal Code I Code postal 6" 4/-1 ~ T~
RO,Jl6SJ}i:!. Al9
Property Information I Renseignements sur la propriell '
Location I Emplacement Co (1. III Ii I.. 0 F a.s 1/ ill Kill L tI t<' E /). j) 'f- [)u f.. r C () tJ G t.-iJ
Civic # I No de voirie Street I Rue PID I NIP
Lot Area I Superficie du lot / lfe}:E -f- Street Frontage I F~e sur rue fi f 1/ flL l;U J.. ilK G ~D,
Existing Use of Property I Utilisation actuelle de la propriete AI 0 /V (;" / ~ 0 f'r
Municipal Plan land Use Designation
Designation de utilization des terres sur Ie plan municipal
Amendment Requested / Modification demandee
Present Zoning I Zonage actuel AI /J 1"" "2.1J 111 r! 1J ( fJ 4 Il r. Cut. ILl R R i- _)
r/" Change Zoning to I Modification du zonage a L I 4 HI L /fJ /J 1.1 S r ~ j fJ 1-
and/or I ou
o Text Amendment (indicate particulars) I Modification due texte (indiquez les details)
Development Proposal I Proposition d'amenagement
Description of Proposal I Description de la proposition
f1j ~ i6iltJtI~ G"
iJJ{Jf.J. LOllI< Ii "f'{) 6 alt. D
;z wll R(~/I()t/SES
You must provide a scaled site plan that illustrates
your proposal. You may also provide
photographs, building plans, elevation drawings
and any other form of information. The plan must
show the dimensions of the property, the location
of ail buildings, driveways, parking areas,
landscaping and signs. It is important that the
distance between the property boundary and
buildings are shown.
Vous devez journir un plan du site a J'echelle i/lustrant votre
proposition. Vous pouvez egalement foumir des
photographies, des plans de baiiment. des dessins de plan
d'elevation et toute autre forme de renseignement. Le plan
doit indiquer les dimensions de la propriete, l'emplacement de
la tolaMi des bdiiments, des al/ees, des aires de
stationnement, des amenagements paysagers et des panneaux
de signalisation. II est important d'indiquer la distance entre
les Umites de fa propriete et les batiments.
Provide reasons why these amendments should be approved. I Foumir tout autre renseignemeot concernant votre proposition
qui pourrait ~ approuvees.
J.j q IFr
f /1/ J:J/.I S T}!.I;Q ~ dl/ /I /?OU /ZI 1) 7/
Provide any other information about your proposal that would be helpful. I Fournir tout autre renseignement concernant votre
proposition qui pourrait !tre utile.
uJlJ(lLD Like fO ItlIL/) ,~ttJI)Pf!/I~C/SN
Signature of Applicant / Signature du demandeur'
Date
~ $400 Application Fee Enclosed / Ci.joint les frais de demaode de 400 $
If you are not the owner of the land in question
please have the owner sign below. The signature of
the owner is authorizing this application to proceed
for consideration by Common Council.
Si vous n'etes pas Ie proprietaire du terrain en question,
veuillez obtenir la signature du proprietaire dans la partie
ci-dessous. La signature au proprietaire autorisant Ie
traitement de la presente demande pour que cette derniere
(/iUg-JI: k C<>tseU co....Ml
DaIl:: ~ Y
I
Signature of Owner (if applicable)
Signature due proprietaire (s'il y a lieu)
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Map Scale I Echelle cartographique 1 : 4000
While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is
graphical representation of property boundaries which approximates the size, configuration and location of properties. It is no
a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area.
Merne si cetts carte n'est peut-atre pas librs de toute erreur au omission, toutes les precautions ont ate prises pour en assur r
la meilleure qualite possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions,
configuration et emplacement), Elle n'a aucun caraetere officiel et ne do it done pas servir a la redaction de la description
offlcielle d'un terrain nl au calcul de ses dimensions exactes ou de sa superficie.
PROPOSED ZONING BY-LAW
AMENDMENT
RE: 921 ASHBURN ROAD
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 Chamber on Monday, June 18, 2007 at
~OO p.m., by:
Rezoning a parcel of land having an area of
approximately 4000 square metres, located at 921
Ashburn Road, also identified as being a portion of
PID No. 296673, from "RF" Rural to "1-1" Light
Industrial, as illustrated below.
(INSERT MAP)
REASON FOR CHANGE:
To permit a warehouse.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square, Saint
John, N,R between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays
excepted.
PROJET DE MODIFICATION DE L' ARREnt
SUR LE ZONAGE
OBJET: 921, CHEMIN ASHBURN
Par les presentes, un avis public est donne par
lequel Ie conseil communal de The City of Saint
John indique son intention d'etudier la modification
suivante a l'arrete sur Ie zonage de The City of
Saint John, lors de la reunion ordinaire qui se
tiendra dans la salle du conseil Ie lundi 18 juin
2007 a fah:
Rezonage d'une parcelle de terrain d'une
superficie d'environ 4 000 metres carres, situee au
921, chemin Ashburn, et etant une partie du NID
296673, de zone rorale <( RF >> a zone d'industrie
legere <( 1-1 >>, comme l'indique la carte ci-
dessous.
(INSERER LA CARTE)
RAISON DE LA MODIFICATION:
Permettre un entrep6t.
Toute personne inte:ressee peut examiner le projet
de modification au bureau du greffier communal au
au bureau de l'urbanisme et du developpement it
1 'hOtel de ville situe au 15, Market Square, a Saint
John, au Nouveau-Brunswick., entre 8 h 30 et 16 h
30 du lundi au vendredi, sauf les jours feries.
Written objections to the amendment may be sent Veuillez faire part de vos objections au projet de
to the undersigned at City Hall. modification par ecrit a l'attention du soussigne a
l'hOtel de ville.
J. Patrick Woods, Greffier communal
658-2862
J. Patrick Woods, Greffier communal
658-2862
....._.r
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PROPOSED ZONING BY-LAW AMENDMENT
RE: 921 ASHBURN ROAD
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 Chamber
on Monday, June 18, 2007 at 7:00 p.m., by:
Rezoning a parcel of land having an area of approximately 4000 square metres, located at 921 Ashburn
Road, also identified as being a portion of Pill No. 296673, from "RF" Rural to "1-1" Light Industrial,
as illustrated below.
(INSERT MAP)
REASON FOR CHANGE:
To pennit a warehouse.
The proposed amendment may be inspected by any interested person at the office of the Common Clerk,
or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the
hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City Hall.
J. Patrick Woods, Greffier communal
658-2862
PROJET DE MODIFICATION DE L' ARREnt SUR LE ZONAGE
OBJET: 921, CHEMIN ASHBURN
Par les presentes, un avis public est donne par lequelle conseil communal de The City of Saint John
indique son intention d'etudier la modification suivante a l'arrete sur Ie zonage de The City of Saint John,
lors de la reunion ordinaire qui se tiendra dans la salle du conseil1e lundi 18 juin 2007 a ~h:
Rezonage d'une parcelle de terrain d'une superficie d'environ 4 000 metres carrc~s, situee au 921, chemin
Ashburn, et etant une partie du NID 296673, de zone rurale ({ RF )) a zone d'industrie legere <( 1-1 >),
conune 1 'indique la carte ci-dessous.
(INSERER LA CARTE)
RAISON DE LA MODIFICATION:
Permettre un entrep6t.
Taute persanne interessee peut examiner le projct de modification au bureau du greffier communal au au
bureau de l'urbanisme et du developpement a l'hOtel de ville situe au 15, Market Square, a Saint John, au
Nouveau-Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauflesjours feries.
Veuillez faire part de vos objections au projet de modification par 6crit a I 'attention du soussigne a 1 'hOtel
de ville.
J. Patrick Woods, Greffier communal
658-2862
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Bud2et Number: 1100801 4422010 .
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I Fax: (506) 674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJT J Independent Placement
.. SJT J Classifieds
Date(s): Tuesday, May 22, 2007
Tuesday, June 1'5.. 2007
~
Date(s):
.. SJT J City Information Ad
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
o General Notice 0 Tender 0 Proposal
~ Public Notice
Sub-Headline (if applicable):
Text:
INSERT A TT ACHED
Call to Action: J. Patrick Woods, Common ClerkJGreffier communal
Contact: I Telephone: (506) 658-2862
BY -LA W NUMBER c.P. 110-
ALA W 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, 110-
ARRETE MODIFIANT L' ARRETE
SUR LE WNAGE DE THE CITY OF
SAINT JOHN
Lars d'une reunion du conseil
communal, The City of Saint John a
decrete ce qui suit:
The Zoning By-law of The City of L'arrete sur Ie zonage de The City
Saint John enacted on the nineteenth day of of Saint John, decrete Ie dix-neuf (19)
December, A.D. 2005, is amended by: decembre 2005, est modUle par:
1 Amending Schedule "A", the
Zoning Map of The City of Saint John, by
re-zoning a parcel of land having an area of
approximately 4000 square metres, located
at 921 Ashburn Road, also identified as
being a portion of Pill No. 296673, from
"RF" Rural to "1-1" Light Industrial
_ all as shown on the plan attached hereto
and fonning part ofthis by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the * day of *, A.D. 2007
and signed by:
1 La modification de I'annexe ((A>>,
Plan de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'une superficie
d'environ 4 000 metres carres, situee au
921, chemin Ashburn, et etant une partie du
NID 296673, de zone rurale (( RF >> II zone
d'industrie legere (( I-I >>
_ toutes les modifications sont indiquees sur
Ie 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 Ie
present arrete Ie 2007,
avec les signatures suivantes :
Mayor/Maire
Common Clerk/Greffier communal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture
Troisieme lecture
Planning
Advisory Committee
P.O, Box 1971
Saint John
New Brunswick
Canada E2L 4L 1
506658-2800
Cf' 1 (0)
Your Worship and Councillors:
May 30, 2007
SUBJECT: Proposed Rezoning
921 Ashburn Road
On May 7, 2007 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its May 29, 2007 meeting.
Mr. Rowland Buckley attended the meeting on behalf of the applicant, A. C.
Fairweather & Sons Ltd., and expressed agreement with the recommendation in
the attached report. Mr. Buckley indicated he could revise his plans to comply
with the proposed Section 39 conditions.
Mr. Mac Blair also attended the meeting on behalf of Blair Construction Ltd.,
Drury Cove Developments Inc. and some residents of the Highlands of Drury
Cove subdivision. Mr. Blair indicated that he supported development of the
property, but would prefer to see it rezoned to "B-2" General Business. He also
indicated that he did not want the property to have outdoor storage adjacent to
Drury Cove Road, which is the entrance to his company's subdivision
development.
No other persons attended the meeting and no letters were received.
After considering the matter, the Committee adopted the recommendation in the
attached report.
RECOMMENDATION:
1. That Common Council rezone a parcel of land having an area of
approximately 4000 square metres, located at 921 Ashburn Road, also
identified as being a portion of PID No. 296673, from "RF" Rural to "1-1"
Light Industrial.
2. That, pursuant to the provisions of Section 39 ofthe Community Planning Act,
the development of a parcel of land having an area of approximately 4000
square metres, located at 921 Ashburn Road, also identified as being a portion
Planning Advisory Committee
May 30, 2007
Page 2
of PID No. 296673, for light industrial purposes be subject to the following
conditions:
a) The developer must pave all parking, loading, vehicle manoeuvring areas
and driveways with asphalt;
b) All paved areas must be enclosed with continuous cast-in-place concrete
curbs where deemed necessary by the Development Officer to protect
landscaping and to facilitate proper drainage;
c) Adequate site drainage facilities, including catch basins(s), where
necessary, must be provided by the developer in accordance with a
detailed drainage plan, prepared by the developer and subject to the
approval of the Chief City Engineer or his designate;
d) The development must be serviced by underground electrical power and
telephone service from the existing overhead facilities on Ashburn Road
andlor Drury Cove Road;
e) No driveway is permitted on the Drury Cove Road frontage of the site;
t) All activity, other than parking of vehicles, must be wholly contained
within a building, and there shall be no outside storage of materials,
partially finished or finished products;
g) All disturbed areas of the site not occupied by buildings, driveways,
walkways, parking or loading areas must be landscaped by the developer,
and the landscaping must extend onto the public street rights-of way to the
edge of the travelled roadway;
h) Exterior building facades shall be finished with high quality materials and
may not include on any surface:
galvanized, unfinished metal,
concrete block or panels without an architectural finish;
i) The site shall not be developed except in accordance with a detailed site
plan and building elevation plans, prepared by the developer and subject to
the approval of the Development Officer, illustrating the location and
exterior finishes of buildings, driveway access, parking area, exterior
lighting, freestanding signs, landscaping and other such site features, and
the approved site plan and building elevation plans must be attached to the
application for building permit for the development.
j) All site improvements shown on the approved site and drainage plans
must be completed within one year of the approval of the required
building permit.
Planning Advisory Committee
May 30) 2007
Page 3
k) The developer shall pay to the City a charge of $2l500. per 1,000 square
feet of building floor area in the form of a certified cheque to be delivered
to the Development Officer at the time of submission of the application for
building pennit for any building on the subject site.
Respectfully submitted,
RGP/r
Attachments
Project No. 07-155
Planning and Development
Urbanisme et developpement
P.O. Box/C.P. 1971
Saint John, NBfN.-B.
Canada E2L 4L1
www.saintjohn.ca
DATE:
MA Y 25, 2007
The City of SainI John
TO:
PLANNING ADVISORY COMMITTEE
FROM:
PLANNING AND DEVELOPMENT
FOR:
MEETING OF MAY 29, 2007
SUBJECT:
Name of Applicant:
A. C. Fairweather & Sons Ltd.
Name of Owner:
A. C. Fairweather & Sons Ltd.
Location:
921 Ashburn Road
PID:
Portion of296673
Municipal Plan:
Light Industrial
Zoning:
Existing:
Proposed:
"RF" Rural
"1-1" Light Industrial
Proposal:
To create an approximately 4000-square-metre (1 acre) lot
for a warehouse building
Type of Application:
Rezoning and Conditional Use
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to
Common Council concerning proposed amendments to the Zoning By-law. Common Council
will consider the Committee's recommendation at a public hearing on Monday~ June 18~ 2007.
A. C. Fairweather & Sons Ltd.
921 Ashburn Road
Page 2
May 25, 2007
The Zoning By-law authorizes the Committee to impose terms and conditions on the
development and operation of a warehouse customarily served by motor vehicles in excess of 8
metres (26.2 feet) in length in the "1-1" Light Industrial zone.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land having an area of approximately 4000 square
metres, located at 921 Ashburn Road, also identified as being a portion of PID No. 296673,
from "RF" Rural to "1-1" Light Industrial.
2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the
development of a parcel of land having an area of approximately 4000 square metres, located
at 921 Ashburn Road, also identified as being a portion of PID No. 296673, for light
industrial purposes be subject to the following conditions:
a) The developer must pave all parking, loading, vehicle manoeuvring areas and driveways
with asphalt;
b) All paved areas must be enclosed with continuous cast-in-place concrete curbs where
deemed necessary by the Development Officer to protect landscaping and to facilitate
proper drainage;
c) Adequate site drainage facilities, including catch basins(s), where necessary, must be
provided by the developer in accordance with a detailed drainage plan, prepared by the
developer and subject to the approval of the Chief City Engineer or his designate;
d) The development must be serviced by underground electrical power and telephone
service from the existing overhead facilities on Ashburn Road and/or Drury Cove Road;
e) No driveway is permitted on the Drury Cove Road frontage of the site;
f) All activity, other than parking of vehicles, must be wholly contained within a building,
and there shall be no outside storage of materials, partially finished or finished products;
g) All disturbed areas of the site not occupied by buildings, driveways, walkways, parking or
loading areas must be landscaped by the developer, and the landscaping must extend onto
the public street rights-of way to the edge of the travelled roadway;
h) Exterior building facades shall be finished with high quality materials and may not
include on any surface:
galvanized, unfinished metal,
concrete block or panels without an architectural finish;
A. C. Fairweather & Sons Ltd.
921 Ash bum Road
Page 3
May 25, 2007
i) The site shall not be developed except in accordance with a detailed site plan and
building elevation plans, prepared by the developer and subject to the approval of the
Development Officer, illustrating the location and exterior finishes of buildings, driveway
access, parking area, exterior lighting, freestanding signs, landscaping and other such site
features, and the approved site plan and building elevation plans must be attached to the
application for building permit for the development.
j) All site improvements shown on the approved site and drainage plans must be completed
within one year of the approval of the required building permit.
k) The developer shall pay to the City a charge of $2,500. per 1,000 square feet of building
floor area in the form of a certified cheque to be delivered to the Development Officer at
the time of submission of the application for building permit for any building on the
subject site.
3. That the Planning Advisory Committee impose no additional terms and conditions upon the
establishment and operation of a warehouse customarily served by motor vehicles in excess
of 8 metres.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection.
Building and Technical Services advises that the property is almost entirely within the flood
risk area and therefore must meet the full requirements for compensatory storage.
Saint John Transit advises that it does not provide any service in this area.
Saint John Energy has been advised of the application.
Aliant Telecom has no issues with this application. Aliant will work jointly with the developer
and Saint John Energy on this development.
Maritimes & Northeast Pipeline has no objection.
Enbridge Gas N.B. has been advised of the application.
A. C. Fairweather & Sons Ltd.
921 Ashburn Road
Page 4
May 25, 2007
Fire Department has no objection, However, the Fire Department provides the following
direction with respect to the development of an 1160-square-metre (12,500-square-foot)
warehouse facility and storage compound:
· The National Fire Code Section 3.3 provides direction for outside storage facilities and to
this regard the proposed storage compound shall adhere to the appropriate requirements,
depending on the stored material.
· National Building Code Section 3 provides for the classification of buildings according to
their major occupancy and intended use. The actual acceptance of the warehouse facility
will need to be assessed prior to the construction of the warehouse building.
· Finally the applicant is reminded to submit construction plans to the Office of the Fire
Marshal for the purpose of plans review.
School District 8 has been advised of the application.
ANAL YSIS:
Site and Neie:hbourhood
The subject site is located at the intersection of Ashburn Road and Drury Cove Road in the
northeast part of the City. This is a suburban area of commercial, industrial, residential and
institutional uses that have developed in a linear fashion along the main roads. Drury Cove Road
is also the entrance to the newly developing Highlands of Drury Cove business park and
residential area, located to the north of the site.
The subject site is part of a larger undeveloped property that extends from Drury Cove Road
almost to Jones Road. A few similar one-acre industrial properties along Ashburn Road were
rezoned and/or subdivided from this larger parcel in the 1970s, Further development in the area
has been slow to date due to the lack of municipal services. The immediate area is now fully
serviced with municipal water and sewer due to the trunk extensions that were undertaken for the
Highlands of Drury Cove development.
The site has a frontage of approximately 65 metres (215 feet) on Ashburn Road and a depth of
approximately 60 metres (200 feet). Air photography of the site indicates that outdoor storage of
boats related to the boat sales and service business on the adjacent property has spilled over onto
a portion of the site. The balance of the site, however, is currently undeveloped. As noted by the
Building Inspector, the site is located entirely within the flood risk area.
ProDosal
The applicant has submitted the attached proposal to develop a two-tenant, 1160-square-metre
(12,500-square-foot) warehouse facility. It includes a driveway on Ashburn Road, parking
A. C. Fairweather & Sons Ltd.
921 Ashburn Road
Page 5
May 25,2007
between Ashburn Road and the buildingl and a 220-square-metre (2,400.square-foot) fenced
outdoor storage compound between Drury Cove Road and the building. The plan indicates that
the compound would be screened from the street by a treed buffer.
The plan also shows a "new product display" area that suggests that at least a portion of the
building may be occupied by the nearby boat business or a similar use.
Municiual Plan and Proposed Rezonine:
The west side of Ashburn Road, including the subject site, is designated Light Industrial on
Schedule 2-A of the Municipal Plan. The proposed "1-1" Light Industrial zoning and use of the
property is in conformity with this designation. However, changes that have occurred in the area
since the Plan was amended in the 1970s (most significantly the Highlands of Drury Cove
development) suggest that any new development in this area should adhere to a higher
performance standard than the minimwn requirements of the "1-1" Light Industrial zone would
provide. While the rezoning can be supported, it is recommended that restrictions similar to those
contained in the "BP" Business Park zone be applied to the site. This should include prohibition
of outdoor storage areas, underground utilities and specific standards for exterior building
finishes on the buiding facades. In addition, the access to the site should be limited to the main
thoroughfare of Ashburn Road, as illustrated on the applicant's site plan. Other site development
requirements should include paving, curbing (where deemed necessary), proper drainage
facilities and landscaping. Detailed site, drainage and building elevation plans should be required
in this regard for Development Officer approval.
Development Fees
When the trunk services were extended to this area, it was anticipated that development charges
would be applied to new developments that benefit from the extensions, in order to recover the
significant up-front expenditure that was made by the City. The Highlands of Drury Cove
development is subject to conditions requiring the payment of $2,500 for each residential lot
(payable at the time of creation of the lot) and $2,500 for each 1,000 square feet of commercial
space (payable at the time of building permit application). The development of the subject site,
which would not be possible if the trunk extensions had not been undertaken, should be subject
to the same requirement. The recommendation provides for such a payment when development
of the site is undertaken.
Conditional Use
As noted abovel a warehouse is a conditional use in the "I-I" Light Industrial zone; that is, it is
subj eet to such terms and conditions as may be deemed necessary by the Planning Advisory
I The proposed 4.8-metre (16-foot) parking setback from Ashburn road will need to be increased to a minimum of 6
metres (20 feet) in order to meet the minimum front yard landscaping requirement for the "1.1" Light Industrial zone.
It appears that there would be room to increase the setback by reducing the width of the aisle in the parking area.
A. C. Fairweather & Sons Ltd.
921 Ashburn Road
Page 6
May 25, 2007
Committee. As the proposal includes rezoning of the property, it is possible for all necessary
conditions to be imposed by Common Council in the form of a Section 39 resolution. Section 39
resolutions are filed in the RegistryILand Titles Office with the rezoning. As a result, it is not
necessary for the Committee to impose an additional set of conditions.
CONCLUSION:
The area surrounding the subject site has changed since the 1970s when the neighbouring
industrial lots were first developed. While the site is designated Light Industrial, and the
proposed rezoning can be supported, the transition of the area that is occurring suggests that
further development should be to a higher standard than has been permitted previously. The
recommendation includes conditions pursuant to Section 39 that would achieve this higher
standard.
RGP/r
Project No. 07-155
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PID(s)/NIP(s):
00296673 (portion)
Location: 921 chemin Ashburn Road
Date: May 7 mai 2007
Scale/echelle: Not to scale/Pas a I'echelle
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------
04/20/2007 13:29 1
PLANNING AND DEVELOP
PAGE 03/04
Application for a Zoning By-law Amendment
Demande de modification i I'arrete sur Ie zOD8ge
Applicant Related Information f R.eIlIeipemenb liar Ie deMaDcleur
Name of Applicant I Nom du ~ 6t:t?- .-f',"'iJ J... 6 () c 50 II ;:
Mailing Address Df~ I Addresse postale du ~ }',3? II, ~ L. C/{ c s -I If IJ
SA, 'It) -r -:r (I /l/J JV. Q, PoslaI Cede J Code postal C' J D -- J..t5.7
Telephone Number f Nwnero de teltphone ~ ~ '3 '- Lj 3 L/ J
!tome f Domicile Work I Ttav3il ~:) j - 5 95 L)
Fax Number' Numt:ro de ttleoopiem C, sf - ():2 a 3
Name of ProJlerty Owner (if di.:ffetent) I Nom ell pmprietairc ($I difl'tt'ent)
&12'11Ju L.,CI/6SQllc
Address I Adres:e 9 3 1 1/ /I..L Ci< 6"::;. f f( 'b Postal Code I Code pasta1 Cd Iv ~ .113 "1
Property IDformatioD I Renseiguaneob sur Ia propriete
Location I Emplacement J 37 Htl.L c.e ~sl lb $q;'J'f' "'S'o/ltU
Civic' {No de wirie Stred I Rue
Lot Area I Super:ficic: do lot Stn:et Frontage I F~ SOl' IllI:
Exisring Use of Property / Utirisation actuelle dt la propriett ({C5JA hL'v+ / Ai
Municipal Pian land Use DesigDa!ion
Designation de ntilizatim dc$ tems SUJ: Ie plan monk:ipal
~S-GC( 0 Qt;
PID J NIP
AlOendment Reqllested I Modifieation demandee
Present ZoDiDg I Zonage actuel R ~ /
t.. ;'C; 111" ~
Change Zoning to I M<<fification du zonage a Com m elf! c , .4 L
audlor I QU
Te~ Amendment (mdk:atc pMticulars) I Modification due textc (indiquet )es deCaiIs)
bJ
o
04/20/2007 13:29
1
PLANNING AND DEVELOP
PAGE 04/04
Development Proposal f PruPOSitiOD d'amen....e.t
DcscripCioo of Proposal I Description de la popositkm
. t<.;~ 13~.iOD- ~ J 37 /J,jj. CtfESi) smtJI /J1~ 4
'5~I3A.kt~) ~~J~~ ~ L1.J?~;, J3U~~""","",A o--u :'.~loAm.~
&." : pO pn1 /YlC7"7 . ~ *-L~ tM1tl.~ z.# /,&,O
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fort must ptTiVide Q K01t:J fite plan thoJ illustrates
JIOV' proposal You may also prvvide
photogmph.'l, bll.ilding pltlM. elevation drawings
and rmy other jomr of informatio1t. 1"he pllIIf "'"'
show the dimenSiQ"S of the profX!rty. tht location
of all building!, ~, parking fUefM.
lMldsc:opiPlK (1714 signs- It i! impol'tant that the
distunce between the pI'Ope11y Ixnmdary and
f,uildings are shown.
Vow dewz fotJmir un pltm da site do l'khelle l/Justmnt votre
proposition. VmlS potI'VeZ Igokment f()flmir tks
photogrophies, des ploru de bdtinml. des Jusj.",s de pkm
d'eMvation et toIde allt1'e~ ck ~n.seignement. Le plan
doit intJjqwer Jes dimensions de /" propritti. t~enq;lDCement dI!
III totditt des l14timml$, dEs oltks. rles aires de
$latiOllTUtRlmt. des aminogemsnu paymgers et des pannema
de sipGlisalkm. Rest impot18nt d';ndiqtl4r lD distance enh
leli/im;tes de la p1'Oprl#.tf t1 tu Mtimmts.
k
Provide any other infunnaIion about proposal that woold be helpful I Foumir toot amre renscignemeor: oonceman1 WltJ'e
proposttion qui JIOU":'it etre uti.1e.
d:o ie, a. ~ !'ll~.Ie +) ,~~ ~ .;t4;,,~......, ~
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Signarure of Applicant! Signature du dc:mandeur
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o S400 Application Fcc EnclOi!ICd I Ci-joint les ftais de deIll8lld': de 400 S
lfJlOfl are riot the mme,. ofrhe lond in questiQTf
please hfM! the owner sign below. 'I'M signatrtrE of
the Q'Pmer fs mtlhoriZing this application to proceed
jOl' co1lSi~rati{m hy COlllmMt C&Jbtcil
Signature of Owner (if appIieable)
Signamre due proprihaite (s'iJ ya lieu)
Date:
Si vmt8 ,,'ilt'l$ pD$le proprl4taJft dtt terrain en questIon,
veuilJez obtIllniJ' la :klpahU'e du fII'Oprii:Jaire dons fa parlIe
ci-dusous. La signQtlln dJJ. proprittairt! llUtM$l1nt Ie
lrtJ/tenumt de III prW/Ie"... dew.tntie pour que <<tte demim
solt n;ami1fCCl pt1r Ie wnseil Ct:JflUmlnaL
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 11008014422010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I Fax: (506}674-4214
Special Instructions (if any):
N ewspauer
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJTJ City Information Ad
Datc(s): Tuesday, May 22, 2007
Tuesday, June 12, 2007
.. SJTJ Independent Placement
.. SJT J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
D General Notice D Tender D Proposal
l!l Public Notice
Sub-Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
PROPOSED ZONING BY -LA W
AMENDMENT
RE: 937 HILLCREST ROAD
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 Chamber on Monday, June 18, 2007 at
6:00 p.m., by:
Rezoning a parcel of land located at 937 Hillcrest
Road, having an area of approximately 5490 square
metres, also identified as being Pill No. 55090526,
from "RS-l" One and Two Family Suburban
Residential to "B-2" General Business.
REASON FOR CHANGE:
To permit a motorcycle repair garage on the same
property as the applicant's residence.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square, Saint
John, N.B. between the hours of 8:30 a,m. and 4:30
p,m., Monday through Friday, inclusive, holidays
excepted.
PROJET DE MODIFICATION DE
L' ARRETE SUR LE ZONAGE
OBJET: 937, CHEMIN HILLCREST
Par les presentes, un avis public est donne par
]equel Ie conseil communal de The City of
Saint John indique son intention de modifier
l'arrete sur Ie zonage de The City of Saint John,
]ors de la reunion ordinaire qui se tiendra dans la
salle du eonseil Ie ]undi 18 juin 2007 a 18 h, en
apportant la modification suivante :
Rezonage d'une parcelle de terrain situee au
937, chernin Hillcrest, d'une superficie
approximative de 5490 metres cam~s et portant Ie
NID 55090526, afin de faire passer la classification
de zone residentielle de banlieue - habitations
unifamiliales et bifamiliales <<RS-l>> a zone
commerciale genera]e << B-2 }).
MOTIFS DE LA MODIFICATION:
Pour permettre j'amenagement d'un garage de
reparation de motocydettes sur la meme propriete
que la residence du requerant.
Toute personne interessee peut examiner la
modification proposee au bureau du greffier
communal ou au bureau de l'urbanisme et du
developpement a l'h6tel de ville situe au
15, Market Square, a Saint Jolm, au
Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du
lundi au vendredi, saufles jours feries.
Written objections to the amendment may be sent Veuillez faire part de vas objections au projet de
to the undersigned at City Hall. modification par ecnt a l'attention du soussigne it
1'h6tel de ville.
J. Patrick Woods, Common Clerk
658-2862
J. Patrick Woods, greffier communal
658-2862
PROPOSED ZONING BY-LAW AMENDMENT
RE: 937 HILLCREST ROAD
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 Chamber
on Monday, June 18, 2007 at 6:00 p.m., by:
Rezoning a parcel of land located at 937 Hillcrest Road, having an area of approximately 5490 square
metres, also identified as being PID No. 55090526, from "RS-l" One and Two Family Suburban
Residential to "B-2" General Business.
REASON FOR CHANGE:
To permit a motorcycle repair garage on the same property as the applicant's residence.
The proposed amendment may be inspected by any interested person at the office of the Common Clerk,
or in the office of Planning and Deve]opment, City Hall, 15 Market Square, Saint John, N.B. between the
hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City Hall.
J. Patrick Woods, Common Clerk
658-2862
PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE
OBJET: 937, CHEMIN HILLCREST
Par ]es pre-sentes, un avis public est donne par ]equel ]e conseil communal de The City of Saint Jolm
indique son intention de modifier I'arrete sur Ie zonage de The City of Saint Jolm, ]ors de ]a reunion
ordinaire qui se tiendra dans la salle du consei] ]e lundi 18 juin 2007 a 18 h, en apportant la modification
suivante :
Rezonage d'une parcelle de terrain situee au 937, chemine Hillcrest, d'une superficie approximative de
5 490 metres carres et portant ]e NID 55090526, afin de faire passer la classification de zone
residentiellc de banlieue - habitations unifamiliales et bifamiliales <<RS-b> a zone commerciale
generale << B-2 >>.
MOTIFS DE LA MODIFICATION:
Pour permettre l'amenagement d'un garage de reparation de motocycIettes sur la meme propriete de ]a
residence du requerant.
Toute personne interessee peut examiner ]a modification proposee au bureau du greffier communal ou au
bureau de l'urhanisme et du deve]oppement a l'hOtel de ville situe au 15, Market Square, a Saint John, au
Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries.
Veuillez faire part de vos objections au projet de modification par ecrit a l'attention du soussigne it l'hOte]
de ville.
J. Patrick Woods, greffier communal
658-2862
BY-LAW NUMBER C.P.110-
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. 110-
ARRETE MODIFIANT L' ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lars d'une reunion du conseil
communal, The City of Saint John a
decrete ce qui suit :
The Zoning By-law of The City of L'arriM sur Ie zonage de The City
Saint John enacted on the nineteenth day of of Saint John, decrete Ie dix-neuf (19)
December, A.D. 2005, is amended by: decembre 2005. est modifie par:
I Amending Schedule "A", the
Zoning Map of The City of Saint John, by
re-zoning a parcel of land located at 937
Hillcrest Road, having an area of
approximately 5.490 square metres, also
identified as being Pill No. 55090526,
from "RS-l" One and Two Family
Suburban Residential to "B-2" General
Business classification
- all as shown on the plan attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the" day of ", A.D. 2007
and signed by:
1 La modification de I'annexe {<A>>,
Plan de zonage de The City of Saint John,
permettant de modifier la designation d'une
parcelle de terrain situee au 937, chemin
Hillcrest, d'une superficie approximative de
5 490 metres carres et portant Ie
NID 55090526, afin de faire passerla
classification de zone residentielle de
banlieue - habitations unifamiliales et
bifami1iaJes (<RS-ln a zone commerciale
generale << B-2 >>.
- toutes les modifications sont indiquees sur
Ie 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 Ie
present arflete Ie 2007,
avec les signatures suivantes :
Mayor/ Maire
Common Clerk/Greffier communal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture
Troisiemc lecture
Mr. Tracy W. Simmons
330 Hillcrest Road
Saint John, N.S.
E2N 281
Junell, 2007
Mayor McFarlane and Council:
My name is Tracy Simmons and I am writing you this letter, objecting to the rezoning of
937 Hillcrest Road.
I moved to Saint John almost sixteen years ago to work for the city, in doing so I found a
wonderful new home on the Churchland Road. My wife and I really liked the peaceful
area.
My family, like most do, got bigger and we out grew our home. We located a beautiful
piece of property just around the corner on Hillcrest Road and bought it. We purchased
this property under the impression that there were several new building developments in
the works. Subdivisions were planned by Kevin Steele, Mike Dempster, and Dennis
Landry of Residential Contractors.
I though this would be great for my children, new homes, kids for them to play with.
Since spring we started a 3900 square foot home over looking a lake.
I was floored last week when I noticed a huge fluorescent si~ stating Levesque's was
moving and relocating to 937 Hillcrest Road. I thought oh great way more traffic and
motorcyles racing along this nonnally peaceful street.
I went and checked out 77 Golden Grove Road, the current location of Levesque's
motorcycle shop. I noticed a large quanity of tires and other parts behind their business.
There are also work bays and a large showroom in front with a parts counter.
It appears Mr. Levesque has a decent business operating, qualifying my concerns that
there will be more traffic coming and going from our neighborhood.
I also feel that the city will loose future tax revenue from people refusing to build new
homes across the street from a motorcycle garage. Currently Residential Contractors have
several new home building lots for sale directly across the street from this proposed
business.
Please your worship and council do not allow this property to be rezoned and ruin "our
little piece of the country in the city".
Respectfully,
~oJ
/,~~~----
Planning
Advisory Committee
P.O. Box 1971
Saint John
New Brunswick
Canada E2L 4L1
506658-2800
q. ~l 'o~
June 13, 2007
Your Worship and Councillors:
SUBJECT: Proposed Rezoning - 937 Hillcrest Road
On May 22, 2007 Common Council referred the above matter to the Planning City of Saint John
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its June 12, 2007 meeting.
The property owner, Mr. Bertin Levesque, appeared before the Committee in
support of the application. He indicated that he did not anticipate a substantial
increase in traffic due to the presence ofhi8 business and that the bulk ofthe
operations will take place inside the existing garage. A portion of the existing
compound will be used for storage but would be screened by fencing. His stated
intention was to retain the residential appearance of his property.
Mr. Mike McCaig (60 Marilyn Drive) addressed the Committee in opposition to
the proposal. He expressed concern with regard to potential noise and increased
traffic on Hillcrest Road if the rezoning were to be approved. In addition, concern
was expressed about the number of businesses, specifically vehicle repair garages,
currently operating in the residential area.
In addition to the above presentations, the Committee received a letter from Mark
Freeze (905 Hillcrest Road) expressing objections and concerns with respect to
the proposal. A copy of the letter is attached.
After considering the report, the letter and presentations, the Committee adopted
staff recommendation as set out below.
RECOMMENDATION:
That the application be denied.
PF
Attachments
Planning and Development
Urbanisme et developpement
P,O. Box/C.P. 1971
Saint John. NB/N.-B.
Canada E2 L 4 L1
www.saintjohn.ca
DATE:
JUNE 8, 2007
The City of Saint John
TO:
PLANNING ADVISORY COMMITTEE
FROM:
PLANNING AND DEVELOPMENT
FOR:
MEETING OF JUNE 12, 2007
j~~
Patrick Foran
Planning Officer
SUBJECT:
Name of Applicant:
Bertin Levesque
Name of Owner:
Bertin Levesque
Location:
937 Hillcrest Road
PID:
55090526
Municipal Plan:
Unserviced Residential
Zoning:
"RS-l" One and Two Family Suburban Residential
Proposal:
To rezone an unserviced residential property in order to
permit a motorcycle repair garage.
Type of Application:
Rezoning and conditional use.
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to
Common Council concerning proposed rezoning applications. The Committee's
Bertin Levesque
937 Hillcrest Road
Page 2
June 8,2007
recommendation will be considered by Common Council at a Public Hearing on Monday, June
IS, 2007.
The Zoning By-law authorizes the Committee to impose terms and conditions upon the
establishment and operation of a repair garage in the "B-2" General Business zone.
ST AFF RECOMMENDATION TO COMMITTEE:
That this application be denied.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objections to the proposed rezoning and
conditional use.
Building and Technical Services indicate that floor plans of the garage including provisions for
exiting and washrooms will be required as part of the permitting process.
Fire Department has reviewed the proposal and has the following concerns and comments:
· Spraying or undercoating operations, shall conform to the standards as identified in section
5.4 of the National Building Code of Canada 1995.
· Hot works (welding, etc) operations shall conform to the standard as identified in section 5.2
ofthe National Building Code of Canada 1995.
. The National Fire Code requires that Fire Extinguishers are located in Motor Vehicle
Garages.
· The National Fire Code requires that a Fire Safety Plan is on site.
· The storage of propane cylinders must conform to section 5.5 ofBI49.2-00 of The Propane
Storage and Handling Code.
. The heating system within the garage must satisfy the National Building and Fire Codes.
· The Department of Public Safety (Electrical Inspector) shall make an assessment as to the
appropriateness of the electrical system to support the garage operations.
The Saint John Fire Department's acceptance of the above rezoning application is conditional on
the above conditions being satisfied.
N.H. Department of Environment and Local Government has been advised of the application.
Bertin Levesque
937 Hillcrest Road
Page 3
June 8, 2007
ANAL YSIS:
Subject Property and Neighbourhood
The subject property is situated on the Hillcrest Road in East Saint John (see attachments). The
general area is rural in character and there are currently only approximately seven (7) other
homes within a quarter~kilometre radius of the property. There also appears to be a gravel pit to
the west of the site at 897 Hillcrest Road, approximately 85 metres (280 feet) from the boundary
of the subject site.
The property contains a dwelling set far back from the road with an existing garage located to the
west of the residence. There is a large paved driveway area separating the two buildings.
Although most of the site is screened from adjoining properties by mature vegetation the garage,
which faces east, is visible from the street when approached from that direction.
The applicant is requesting permission to establish and operate a motorcycle repair garage from
the existing accessory building on his residential property at 937 Hillcrest Road. The business is
currently in operation at 77 Golden Grove Road and the applicant has indicated that the lease at
the current location is due to expire. Because the landowner does not want to renew the lease the
applicant would like to relocate the business to his residential property.
According to the applicant, the hours of operation are normally from 9:00 a,m. until 6:00 p.m.
Mondays to Fridays and from 9:00 a.m. until 1 :00 p.m. on Saturdays. The applicant indicates that
there are usually 5-10 vehicles involved in the business at anyone time. General mechanical
work is undertaken on motorcycles although no body work or painting is performed. In addition
to the repair garage, the applicant would also have one to two all-terrain vehicles (ATVs) for sale
as well as motorcycle parts and accessories. The applicant would continue to reside in the
dwelling.
Municipal Plan and Rezoning Consideration
The general area is designated by the Municipal Development Plan as Un serviced Residential.
The Plan envisions such areas in the community as being appropriate for the development of
larger residential properties with private on-site services.
The Plan also recognizes that certain non-residential uses are appropriate for such areas. These
land uses are seen as necessary to primarily serve the needs of the local resident population, or
are compatible with residential uses. Such land uses include: elementary schools, daycare centres,
parks, churches, and neighbourhood commercial facilities such as small convenience stores.
Furthermore, the Plan encourages the exclusion from residential areas those uses that are not
compatible with these neighbourhoods with respect to the following:
Bertin Levesque
937 Hillcrest Road
Page 4
June 8, 2007
· Generation of traffic that is excessive in volume and not local in nature;
· The production of smoke, dust, fumes or noise;
· The creation of hazardous or dangerous conditions by virtue of the operation, material or
equipment used.
A motorcycle repair garage is not envisioned by the Plan as being a compatible use in residential
neighbourhoods. Indeed, the City has had to deal with a number of illegal/non-conforming repair
garage and auto body shop operations in residential neighbourhoods over the years. The traffic,
outdoor vehicle storage, contamination from automotive oils and various chemicals, as well as
the noise, dust and fumes associated with such uses can adversely affect the character of
residential neighbourhoods.
It is recognized that the scale of the proposed business is relatively small and that the garage has
a residential appearance and conforms to the residential accessory building standards. However,
although the area is sparsely populated at present, there are several rural subdivisions in the
vicinity that are in the process of being developed. A repair garage specializing in motorcycles is
not compatible with residential land use and approval of the proposal may adversely affect not
only existing residents of the neighbourhood but also reduce the desirability of lots in the
developing subdivisions.
While it is understood that the proposed scale of the business is limited, there always remains the
concern in the future that this business, perhaps under new ownership, will not operate in the
same manner. While conditions can be imposed by the City, such conditions often fail to truly
regulate the nature of the business by new operators who are less sensitive to the residential
neighbourhood.
There is also concern that this isolated commercial zoning will attract future interest for other
businesses permitted in the "B-2" General Business zone. Again, while conditions can be
imposed to limit the use of the property to this specific business, it is not unusual that other more
intensive business proposals are permitted due to the pre-existing commercial zoning.
CONCLUSION:
There have been a number of similar rezoning applications in the past for repair garages in
residential areas not supported by staff for the reasons mentioned in this report. Approval for this
motorcycle repair garage cannot be recommended.
PF
Project No. 07-176
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
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Subject Site/site en question:
-
Location: 937, ch. Hillcrest Road
Date: April/ avril 30,2007
Scalelechelle: Not to scale/Pas a I'echelle
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967
915
Mark Freeze
905 Hillcrest Road
SaintJohn, NB
E2N 267
June 6, 2007
Re: Proposed Rezoning and Conditional Use Application - 937 Hillcrest Road
IJ..
,
Planning Advisory Committee
City of Saint John
P.O. Box 1971
Saint John, NB
E2l4l1
Dear Planning Advisory Committee:
My name is Mark Freeze and I am writing in regards to the re-zoning of 937 Hillcrest Road from a
Residential to Commercial property.
I have lived on Hillcrest Road for 14 years and I've seen this area build up over the years. What was once
mostly an all wooded area has now turned into a nice urban living area with subdivisions being
constructed every few months. In the last two years, I have seen many new families move into this area,
multiple subdivisions being constructed and the roads being repaired and repaved.
I believe that with 937 Hillcrest Road being re-zoned as a commercial property, this would create an
excess of traffic as well as noise. With the roads being re paired and repaved in the last couple years, this
has created conditions to which some drivers prefer to drive fast on with their motorcycles as well as
their automobiles. Ifthis route is being taken on a regular basis by customers to this business, they may
have a tendency to drive above the speed limit. This would create much more dangerous conditions,
esp~cially where there are families with small children moving into the area each month. In the last few
weeks, I have already started to notice an increase of motorcycles entering and leaving this property at
all hours of the day and night. This has been an inconvenience to many nelghbours as well as myself. I
will presume that this will continue to increase as this business opens in this location full time, as well as
while it continues to grow.
I hope you will consider refusing this re-zonlng request. I believe it will cause a negative impact on the
community and possibly cause current residents to consider moving or cause potential residents to
move elsewhere.
Thank you for your time.
.""'1 -
JI'N ''l 1;):"\.1 ~.~
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:~ ,/.\:'
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Sincerely,
Mark Freeze
Application for a Municipal Plan and Zoning By-law Amendment
Applicant Related Information
Name of Applicant Randy Defasio. Distinctive Autobody & Collision Center Ltd.
Mailing Address of applicant 690 Grandview Avenue. Saint John. NB E2J 4M9
Telephone Number
Home Work 696-7974
Fax 969-1986
Name of Property Owner Irving Oil Limited
Address
PO Box 1421. Saint John. NB E2L 4Kl
Property Related Information
Location
1265 ~ 1285 Loch Lamond Road
PID:55054514
Lot Area
1.49 ha (3.7 ac)
Street Frontage
124 m (406 ft)
Existing Use of Property
vacant land
Present Municipal Plan Land Use Designation
Low Density Residential
Present Zoning
"'RS-2" One and Two Family Suburban Residential
Amendments Requested
Municipal Plan
Change Land Use Designation to
APJlrov~d Light Industrial Development
Zoning By~law
Change Zoning to
Special Zone
Development Proposal
The request is to have the municipal plan amended to change the designation of for this property
to allow mixed use consisting of businesses and light industrial uses. The property is
approximately 4 acres with a major NB Power easement through one side. The new property
owner wishes to
Application for a Municipal Plan and Zoning By-law Amendment
Randy Defasio, Distinctive Auto Body
1265 - 1285 Loch Lamond Road PID: 55054514
May 22, 2007
Page 2
build a building on the side of the lot nearest McAllister Drive to repair automobiles, Le.,
a collision centre. The lot and building would be arranged such that in future the lot
could be split to allow a second building with business uses. The lot is shown in the
attached sketch with the approximate building location shown and a future lot line
identified.
The presence of the power easement makes the full use of the lot for low density residential uses
inappropriate. People to not want to live under power lines. Similarly, many people would not
want to work under the power lines.
As a result, the property plan identifies the north side of the property with a building containing
an industrial use which will not impact the neighbourhood. Furthermore, a zone which also
permitted acceptable business uses would assist in creating a transition zone from the existing
business uses on both sides of Loch Lomond Road to the existing residential dwellings further up
Loch Lomond Road. A special zone designation might be appropriate which would
I. require a front yard set back of 50 feet
2. side yard setbacks of 25 feet
3. landscaping as approved by the Development Officer
4. maintain maximum building height - 4 storeys
5. maximum building area - 20,000 sq. ft.
6. minimum front yard landscaping 25' except for driveways
Potential uses
1. collision centre
2. usedJnew car sales
3. car repall'S
4. business uses
a. doctor's office
b. office building
c. strip mall
d. commercial shops
Prohibited uses
1. any residential, hotel or other human habitation purposes of any kind or density,
permanent or temporary,
Application for a Municipal Plan and Zoning By-law Amendment
Randy Defasio, Distinctive Auto Body
1265.1285 Loch Lamond Road PID: 55054514
May 22, 2007
Page 3
2. or for the sale, marketing, handing, lease, storage, placing, distribution of or other
dealing in bulk with oil, petroleum, gasoline, diesel fuel, natural gas or any other
petroleum products or derivatives therefrom of any kind whatsoever, or any
substitute for any of the foregoing,
3. or for the operation of any convenience store, or the operation of any pharmacy or
national brand drug store, or the opemtion of a restaurant or the opemtion of any
business or activity of a similar nature to any of the forgoing. including any
operation or activity involving in whole or part. the sale. lease, storage, placing or
distribution of, or other dealing in, groceries. food stuffs, confectionery, tobacco
products or sundries
The attached site plan illustrates this proposal.
Date
Signature of the Applicant
The $400 Application Fee is enclosed.
Signature of the Owner
Date
Application for a Municipal Plan and Zoning By-law Amendment
Randy Defasio, Distinctive Auto Body
1265 - 1285 Loch Lomond Road PID: 55054514
May 22, 2007
Page 4
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IRVING
'~c
May 22, 2007
TO; THE CITY OF SAiNT JOHN. AND/OR
THE PROVINCE OF NEW BRUNSWICK
Dear Sir Of Madam:
HE: Randy Defazio purchase from ITving Oil Marketing Umited
Vacant Land at 1265 Loch Lomond Road, Saint John, NB
P1D *55054514 (the "Property")
WE HEREBY AUTHOR1ZE RANDY OEF~O or his authorized agent to
make all applications required to obtain zoning for light industrial on the Property,
and any other amendments required 10 have such application approved and
effective with respect to the Property, provided that such are in addition to (as
opposed to instead of) the Property's current zoning dassffk:8tJon of A2
Residential.
We trust this is suffici&(Jt authority to allow the application to proceed.
YoursTroty
\..-tilhlJl! c()()Jl.
Miche!Je Cook
Corporate Real Estate
IRVING OJ\. UMHW
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I S06. /O~;: I" i(~!
PROPOSED MUNICIPAL PLAN
AMENDMENT
RE: 1265-1285 LOCH LOMOND ROAD
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 which would:
1. Redesignate on Schedule 2-A of the Plan, a
parcel of land with an area of approximately 1.49
hectares, located at 1265-1285 Loch Lamond Road,
also identified as being PID No. 55054514, from
Low Density Residential to Approved Light
lndustrial Development, as illustrated below.
2. Add the following to the list of Approved
Light Industrial Developments in sub-
section 2.4.7.15:
"zz) a parcel of land with an area of
approximately 1.49 hectares, located at 1265-1285
Loch Lamond Road, also identified as being PID
No. 55054514."
(INSERT MAP)
A public presentation of the proposed amendment
will take place at a regular meeting of Common
Council on Monday, June 18, 2007 in the Council
Chamber, Lobby Level, City Hall.
REASON FOR CHANGE:
To permit an auto body paint or repair shop, car
sales lot, repair garage, business offices and/or
retail stores.
Written objections to the proposed amendment may
be made to the Council, in care of the undersigned,
by July 18, 2007. Enquiries may be made at the
office of the Common Clerk or Planning and
Development, City Hall, 15 Market Square,
Saint John, N.H. between the hours of 8:30 a.m.
and 4:30 p.m., Monday through Friday, inclusive,
holidays excepted.
PROJET DE MODIFICATION DU PLAN
MUNICIPAL
OBJET: 1265-1285, CHEMIN LOCH
LOMOND
Par les presentes, un avis public est donne par
lequel Ie conseil communal de The City of
Saint John a l'intention d'etudier la modification du
plan d'amenagement municipal comme suit:
1. la reclassification, a Pannexe 2-A du plan,
d'une parcelle de terrain d'une superficie d'environ
1.49 hectares, situee au 1265-1285, chemin Loch
Lomond, et portant Ie NID 55054514, de zone
residentielle de falble densite a zone
d'amenagement approuve d'lndustrie Legere,
comme 1 'indique la carte ci-dessous.
2. }'ajout de la parcelle de terrain suivante it la
tiste d'amenagements approuves d'industries
legeres it l'alinea 2.4.7.15 :
(( zz) une parcelle de terrain d'une superficie
d'environ 1.49 hectares, situee au 1265.
1285, chemin Loch Lamond, et portant Ie
NID 55054514. ))
CINSERER LA CARTE)
Vue presentation publique du projet de
modification aura lieu 10rs de la reunion ordinaire
du conseil communal Ie Iundi 18 juin 2007 dans la
salle du conseil de l'hOtel de ville, au niveau du hall
d'entree.
RAISON DE LA MODIFICA nON:
Permettre un atelier de peinture ou de reparation de
carrosseries d 'automobiles, un terrain affecte a la
vente d'automobiles, un garage de reparation, des
bureaux d'affaires et/ou des magasins de detail.
Veuillez faire part au conseil par ecrit de vos
objections au projet de modification au plus tard Ie
18 juillet 2007 a l'attention du soussigne. Pour
toute demande de renseignements, veui11 ez
communiquer avec Ie bureau du greffier communal
ou Ie bureau de l'urbanisme ct du developpement a
l'hOtel de ville au 15, Market Square, Saint John,
N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi,
sauf les jours feries.
1. Patrick Woods, Common Clerk
658-2862
J. Patrick Woods, Greffier communal
658-2862
PROPOSED MUNICIPAL PLAN AMENDMENT
RE: 1265-1285 LOCH LOMOND ROAD
Public Notice is hereby given that the Common Council of The City of Saint Jo1m intends to consider an
amendment to the Municipal Development Plan by:
1. Redesignate on Schedule 2-A of the Plan, a parcel of land with an area of approximately 1.49
hectares, located at 1265-1285 Loch Lamond Road, also identified as being PID No. 55054514, from
Low Density Residential to Approved Light Industrial Development, as illustrated below.
2. Add the following to the list of Approved Light Industrial Developments in sub-section 2.4.7.15:
"zz) a parcel ofland with an area of approximately 1.49 hectares, located at 1265-1285 Loch Lamond
Road, also identified as being PID No. 55054514."
(INSERT MAP)
A public presentation of the proposed amendment will take place at a regular meeting of Common
Council on Monday, June 18, 2007 in the Council Chamber, Lobby Level, City Hall.
REASON FOR CHANGE:
To permit an auto body paint or repair shop, car sales lot, repair garage, business offices and/or retail
stores,
Written objections to the proposed amendment may be made to the CotUlcil, in care of the undersigned,
by July 18, 2007. Enquiries may be made at the office of the Common Clerk or Planning and
Development, City Hall, 15 Market Square, Saint Jo1m, N.B. between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays excepted.
J. Patrick Woods, Common Clerk
658~2862
------------------------------------------------------------------
PROJET DE MODIFICA nON DU PLAN MUNICIPAL
OBJET: 1265-1285~ CHEMIN LOCH LOMOND
Par les presentes, un avis public est donne par lequelle conseH communal de The City of Saint John a
l'intention d'etudier la modification du plan d'amenagement municipal comme suit:
L la reclassification, it 1'annexe 2-A du plan, d'une parcelle de terrain d'une superficie d'environ
1.49 hectares, situee au 1265-1285, chemin Loch Lamond, et portant Ie NID 55054514, de zone
residentielle de faible den site a zone d'amenagement approuve d'industrie legere, comme l'indique 1a
carte ci-dessous.
2. l'ajout de la parcelle de terrain suivante a la liste d'amenagements approuves d'industries legeres
a l'alinea 2.4.7.15 :
(( zz) une parcelle de terrain d'une superficie d'environ 1.49 hectares, situee au 1265-1285, chemin
Loch Lamond, et portant Ie NID 55054514. ))
(INSERER LA CARTE)
Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil
communal Ie 1undi 18 juin 2007 dans la salle du conseil de 1'h6tel de ville, au niveau du hall d'entree.
RAISON DE LA MODIFICATION:
Permettre un atelier de peinture au de reparation de carrosseries d'automobiles, un terrain affecte a la
vente d'automobiles, un garage de reparation, des bureaux d'affaires et/ou des rnagasins de detail.
Veuillez faire part au conseil par ecrit de vas objections au projet de modification au plus tard Ie 18 juillet
2007 a l'attention du soussigne. Pour toute demande de renseignements, veuillez communiquer avec Ie
bureau du greffier communal ou Ie bureau de l'urbanisme et du developpement a l'hOtel de ville au 15,
Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries.
J. Patrick Woods, Greffier communal
658-2862
-,'
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City of Saint John
INTERNAL INSERTION ORDER
.
For City of Saint John use only:
Budget Number: 11008014422010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I Fax: (506) 674.4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJT J City Information Ad
Dllte(s): Tuesday, June 5,2007
.. SJTJ Independent Placement
.. SJTJ CIassifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
D General Notice D Tender 0 Proposal
~ Public Notice
Sub-Headline (if applicable):
Text:
INSERT A TT ACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
BY-LAW NUMBER C.P. 105-
ALA W TO AMEND THE
MUNICIPAL PLAN BY-LAW
ARRETE NO C.P. 105-
ARRETE MODIFIANT L'ARRETE
RELATIF AU PLAN MUNICIPAL
Be it enacted by The City of Saint Lars d'une reunion du conseil
John in Common Council convened, as communal, The City of Saint John a
follows: decrete ce qui suit:
The Municipal Plan By-law of The L'arrete relatif au plan municipal de
City of Saint John enacted on the 3rd day The City of Saint John edicte Ie
of January, A.D. 2006 is amended by: 3 janvier 2006 est modifi6 par:
I Amending Schedule 2-A, the
Future Land Use Plan, by redesignating a
parcel of land with an area of
approximately 1.49 hectares, located at
1265-1285 Loch Lamond Road, also
identified as being PID No. 55054514,
from Low Density Residential to Approved
Light Industrial Development
classification.
2 Adding the following to the list of
Approved Light Industrial Developments
in sub-section 2.4.7. I 5:
"zz) a parcel of land with an area of
approximately 1.49 hectares, located at
1265-1285 Loch Lamond Road, also
identified as being PID No. 55054514."
- 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 >I< day of *, A.D. 2007
and signed by:
I la modification de l'annexe 2-A
relative au plan d'amenagement futur des
terres, afin de faire passer la designation
d'une parcelle de terrain d'une superficie
d'environ 1.49 hectares, situee au 1265-
1285, chemin Loch Lamond, et portant Ie
NID 55054514, de zone residentielle de
faible densite a zone d'amenagement
approuve d'industrie leger.
2 I 'ajout de la parcelle de terrain
sui vante a la liste d' amenagements
approuves d'industries legeres it. l'alinea
2.4.7.15 :
<<zz) une parcelle de terrain d'une
superficie d'environ I .49 hectares, situee au
1265-1285, chemin Loch Lamond, et
portant Ie NID 55054514. ))
- toutes les modifications sont indiquees sur
Ie plan ci-joint et font partie du present
arrete.
EN For DE QUor, The City of Saint John
a fait apposer son sceau communal sur Ie
present arrete Ie * jour de * 2007, avec les
signatures sui vantes :
Mayor/Maire
Common Clerk/Greffier communal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture
Troisieme lecture
Application for a Municipal Plan and Zoning By-law Amendment
Demande de modification au plan municipal et a I'arrete sur Ie zonage
Applicant Related Information I Renseignements sur Ie demandeur
N.me of Applicant! Nom du demond.ur A do rn P ndj{ S I-";;h er rLI ex e ;/" njha 1-1 ~ Emd'Jo
Mailing Address of applicant / Addresse postale du demandeur 3.3 (7 [.o-[ I ';;e,f l a )Le - eo {1 C/ .
oS 0-1 to' f ;;s:; A rI JLf 6 Postal Code I Code postal € () N - / u.J 7
Telephone Number /Numero de telephone
Home / Domicile
50& / h 5S -I q D L{
Work /Travail 600 / Ie ~ "3 - 'if;;;)S
Fax Number / Numero de telecopieur
:,)anu OS HboLLL>
Name of Property Owner (if different) I Nom du proprietaire (si different)
Address I Adresse
.-------
.--------
,__ __--,-.u----. ..~
Postal Code I Code postal:
Property Information I Renseignements sur la propriete
32.~- , j) J
Location J Emp lacement .3.3" La t I me ( J f1 f((; I( 60 (Y
Civic # I No de voirie Street / Rue
Q033~962 f
()O)) ] Ic))
PID / NIP
Lot Area I Superficie du lot
Street Frontage I Fa",ade sur rue
l?e9 Cllflf IdJ
Existing Use of Property I Utilisation actuelle de la propriete
Present Municipal Plan Land Use Designation
Designation actuel de utilization des terres sur Ie plan municipal
Present Zoning / Zonage actuel_R S - 2. M
Un {~~Nla~
Amendments Requested I Modifications demandees
I'1unicipal Plan I Plan municipal . I J - II
~ Change Land Use Designation to I Modifier la designation de I'utilisation des terres a~-
and/or I ou
o Text Amendment (indicate particulars on attachment) I Modification du texte (indiquez les details en annexe)
ZoJing By-law! Arrete sur Ie Zonage
0' Change Zoning to / Modification du zonage a ~
and/or I ou . ",.I\1I.E'D
Text Amendment (indicate particulars on attachment) / Modification due~ (indiquez les details en' .' xe)
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Development Proposal I Proposition dtamenagement
Description of Proposal I Description de la proposition
~ \XM.II Q,~rnp mefnl R",,~cJ,Il~ ~,osc... \'of f'~ /u:
~S Ouc.ho..S /ft/lumlf\.uf'f'\j ras;(LDPP'?('!';...o.o.d...u.c.. N~ for AJ.(~
or fu\\I~<l.. yo.Jd. 6;.\ ki a. bw \dlf~"3 fur", IfIf'S-th x 8Of+ w\c.\.€ - \ bft K: Bh 1..Uq re...
Clll ~\nlg ..leUld j;,e ~Jfcn(l92d :.frIc,illoJp:lJMJ ftd /ij/l(~ ~da:r' /iu1~(,(,(
var LU~c:1 oj <go be. ~n..u...d.:eN.
fou must provide a scaled site plan that illustrates Vous devezfournir un plan du site a Nchelle illustrant votre
your proposal. You may also provide proposition. Vous pouvez egalementfournir des
photographs, building plans, elevation drawings photographies, des plans de hdtiment. des dessins de plan
and any other form of information. The site plan. d'elevation et toute autre forme de renseignement. Le plan du
must show the dimensions of the property, the site doft indiquer les dimensions de la propriete,
location of all buildings, driveways. parking areas, l'emplacement de la totalite des bdtiments, des allees, des
landscaping and signs. It is important that the aires de stationnement, des amenagements paysagers et des
distance between the property boundary and panneaux de signalisation. II est important d'indiquer la
buildings are shown. distance entre les limites de la proprietfJ et les bdtiments.
Provide reasons why these amendments should be approved.! Fournir les raisons pour les quelles les modifications devraient
~tre approuvees.
~c.1~':) IS e..NJ\rOfYUX"tto\ltj 9c~endl~ !n..S 0.. f\D..J Solo..l\ buV;,(lcsS Clune(
\ve.a\lU, t\te (\Qed for Suc1 Dulsru.9S. dun~ 9ou.J .\..inU.s :s:> o..YCs....J,nd plc.r'09
li &x m<lJalS ~l.~ wo..:ohus Dn..tt"-~ s-\vo.e~ f(' {cl t...~ -\os sed Cf1 rea. d~ .\-D
U\eIP (td.u.a. 6uc.k yu ,";;h,
Provide any other information about your proposal that would be helpful.! Fournir tout autre renseignement concernant votre
proposition qui pourrait @tre utile.
mcu'; purp~ O.r bu:ddJtrj ~ rQ.mporc:u:1 Sh,rc~ beJwee.n P\C[U~
V~ So1~~ of'C\ ~~~N1 Or~\:-C\..\<; ~L0d wrcMSI~ Ir W.ci~\-"tlK'J ~\s
Signature of Applicant! Signature du demandeur
Date '1M.=; J 3 laoo I
o $400 Application Fee Enclosed! Ci-joint les frais de demande de 400 $
If you are not the owner of the land in question
please have the owner sign below. The signature of
the owner authorizing this application to proceed is
requiredfor consideration by Common Council,
Si vous n'iUes pas Ie proprietaire du terrain en question,
veuillez obtenir la signature du proprtetaire dans la partie
ci-dessous. La signature du proprietaire autarisan! Ie
traftement de la presente demande est requise pour que
celle derniere solt examinee par le canseil communal.
Signature of Owner (if applicable)
Signature du propri6taire (s'il y a lieu)
Date
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,., PLAN FILE 4
:f!
-< LOT BI
DARYL DICKS
OINORAH DICK~
8.e3
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+
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BSS62
McNEILL
)EFAZIO-McNEILl
PAGE 100
~OLUME 1995.
-I-
0,
CO
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J
PD 00421297 No.7S
(2 PLAN FILE 44
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PROPOSED MUNICIPAL PLAN
AMENDMENT
RE: 326-336 LATIMORE LAKE ROAD
Public Notice is hereby given that the Common
Council of The City of Saint 10lm intends to
consider an amendment to the Municipal
Development Plan which would:
L Redesignate on Schedule 2-A of the Plan, a
parcel of land with an area of approximately 4,660
square metres, located at 326-336 Latimore Lake
Road, also identified as being PID Nos. 00334862
and 00333153, from Unserviced Residential to
Approved Heavy Industrial Development.
2. Add the following to the list of Approved
Heavy Industrial Developments in sub-
section 2.4.7.11:
"i) a parcel of land with an area of
approximately 4,660 square metres, located at 326-
336 Latimore Lake Road, also identified as being
PID Nos. 00334862 and 00333153."
A public presentation of the proposed amendment
will take place at a regular meeting of Common
Council on Monday, June 18, 2007 in the Council
Chamber, Lobby Level, City Hall.
REASON FOR CHANGE:
To permit a scrap metal recycling business.
Written objections to the proposed amendment may
be made to the Council, in care of the undersigned,
by July 18, 2007. Enquiries may be made at the
office of the Common Clerk or PlaIU1ing and
Development, City Hall, 15 Market Square,
Saint John, N,S. between the hours of 8:30 a.ill.
and 4:30 p.m., Monday through Friday, inclusive,
holidays excepted.
J. Patrick Woods, Conunon Clerk
658-2862
PROJET DE MODIFICATION DU PLAN
MUNICIP AL
OBJET: 326-336, CHEMIN LATIMORE
LAKE
Par les presentes, un avis public est donne par
lequel le conseil communal de The City of
Saint Jolm a l'intention d'etudier la modification du
plan d'amenagement municipal comme suit:
1, la reclassification, a l'aIlllexe 2-A du plan,
d'une parcelle de terrain d'une superficie d'environ
4660 metres carres, situee au 326-336, chemin
Latimore Lake, poliant les NID 00334862 et
00333153, de zone residentielle non-desservi a
zone d'amenagement approuve d'industrie lourde.
2. l'ajout de la parcelle de terrain suivante a la
liste d'am€magements approuves d'industries
lourdes a l'alinea 2.4. 7,11 :
(( i) une parcelle de terrain d'une superficie
d'environ 4660 metres carres, situee au 326-
336, chemin Latimore Lake, poliant les
NID 00334862 et 00333153. ))
Vne presentation publique du projet de
modification aura lieu lors de la reunion ordinaire
du conseil communa11e lundi 18 juiu 2007 dans la
salle du conseil de 1'h6tel de ville, au niveau du hall
d'entree.
RAISON DE LA MODIFICATION:
Permcttre l' etablissement d 'une entreprise de
recyclage de ferraille.
Veuillez faire part au conseil par eerit de vos
objections au projet de modification au plus tard Ie
18 juillet 2007 a l'attention du soussigne. Pour
toute demande de renseignements, veuillez
cornmuniquer avec le bureau du greffier communal
au le bureau de l'urbanisme et du developpement a
l'Mtel de ville au 15, Market Square, Saint Jo1m,
N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi,
sauf les jours feries.
J. Patrick Woods, Greffier communal
658-2862
PROPOSED MUNICIPAL PLAN AMENDMENT
RE: 326-336 LATIMORE LAKE ROAD
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 which would:
1. Redesignate on Schedule 2-A of the Plan, a parcel of land with an area of approximately 4,660
square metres, located at 326-336 Latimore Lake Road, also identified as being PID Nos. 00334862 and
00333153, from Unserviced Residential to Approved Heavy Industrial Development.
2. Add the following to the list of Approved Heavy Industrial Developments in sub-section 2.4.7.11:
"i) a parcel of land with an area of approximately 4,660 square metres, located at 326-336 Latimore
Lake Road, also identified as being PID Nos. 00334862 and 00333153."
A public presentation of the proposed amendment will take place at a regular meeting of Common
Council on Monday, June 18, 2007 in the Council Chamber, Lobby Level, City Hall.
REASON FOR CHANGE:
To permit a scrap metal recycling business.
Written objections to the proposed amendment may be made to the Council, in care of the undersigned,
by July 18, 2007. Enquiries may be made at the office of the Common Clerk or Planning and
Development, City Hall, 15 Market Square. Saint Jo1m, N.B. between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays excepted.
J. Patrick Woods, Common Clerk
658-2862
PROJET DE MODIFICATION DU PLAN MUNICIPAL
OBJET: 326-336, CHEMIN LATIMORE LAKE
Par les presentes, un avis public est donne par lequelle conseil communal de The City of Saint John a
l'intention d'etudier la modification du plan d'amenagement municipal comme suit:
1. la reclassification, a I'anncxe 2-A du plan, d'une parcelle de terrain d'une superficie d'environ
4660 metres carres, situee au 326-336, chemin Latimore Lake, pOliant les NID 00334862 et 00333153,
de zone risidentielle non-desservi a zone d'amenagemenf approuve d'industrie lourde.
2. l'ajout de la parcelle de terrain suivante a la liste d'amenagements approuves d'industries lourdes
a l'alinea 2.4.7.11 :
<< i) une parcelle de terrain d'une superficie d'environ 4 660 metres carres, situee au 326-336, chemin
Latimore Lake, partant les NID 00334862 et 00333153. )>
Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil
communal Ie lundi 18 juin 2007 dans la salle du conseil de l'hOtel de ville, au niveau du hall d'entree.
RAISON DE LA MODIFICATION:
Permettre l'etablissement d'une entreprise de recyclage de ferraille.
Veuillez faire part au conseil par ecrit de vas objections au projet de modification au plus tard Ie 18 juillet
2007 a l'attention du soussigne. Pour toute demande de renseignements, veuillez communiquer avec le
bureau du greffier communal au Ie bureau de I'urbanisme et du developpement a l'hOtel de ville au 15,
Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauflesjours feries.
J. Patrick Woods, Greffier communal
658-2862
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 1100801 4422010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I Fax: (506) 674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJT J City Information Ad
Date(s): Tuesday, June 5, 2007
.. SJTJ Independent Placement
Date(s):
Date(s):
." SJT J Classifieds
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
D General Notice 0 Tender D Proposal
~ Public Notice
Sub-Headline (if applicable):
Text:
INSER T A TT ACHED
Call to Action: 1. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
BY-LAW NUMBER C.P.I05-
A LAW TO AMEND THE
MUNICIPAL PLAN BY-LAW
Be it enacted by The City of Saint
John in Common Council convened, as
fo Hows:
ARRETlt NO C.P. 105-
ARRETlt MODIFIANT L' ARRETE
RELATIF AU PLAN MUNICIPAL
Lors d'une reunion du consei]
communal, The City of Saint John a
decrc::te ce qui suit :
The Municipal Plan By-law of The L'arrete relatif au plan municipal de
City of Saint John enacted on the 3rd day The City of Saint John edicte ]e
of January, A.D. 2006 is amended by: 3 janvier 2006 est modifie par :
1 Amending Schedule 2-A, the
Future Land Use Plan, by redesignating a
parcel of land with an area of
approximately 4,660 square metres, located
at 326-336 Latimore Lake Road, also
identified as being PID Nos. 00334862 and
00333153, from Unserviced Residential to
Approved Heavy Industrial Deve]opment
classification.
2 Adding the following to the list of
Approved Heavy Industria] Developments
in sub-section 2.4.7.] ]:
"i) a parcel of land with an area of
approximately 4,660 square metres, located
at 326-336 Latimore Lake Road, also
identified as being PID Nos. 00334862 and
00333 ]53."
- all as shown on the plan attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the" day of ", A.D. 2007
and signed by:
1 la modification de I'annexe 2-A
relative au plan d'amenagement futur des
terres, afin de fa ire passer ]a designation
d'une parcelle de terrain d'une supemcie
d'environ 4660 metres cam~s, situee au
326-336, chemin Latimore Lake, portant
les NID 00334862 et 00333153, de zone
residentielle non-desservi it zone
d'amenagement approuve d'industrie
lourde.
2 I 'ajout de la parcelle de terrain
suivante it la liste d'amenagements
approuves d'industries lourdes a
l'alinea 2.4.7.11 :
(( i) une parcelle de terrain d'une
superficie d'environ 4660 metres carres,
situee au 326-336, chemin Latimore Lake,
portant les NID 00334862 et 00333]53. >)
- toutes les modifications sont indiquees sur
]e plan ci-joint et font partie du present
arrete.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau conununal sur Ie
present arrete Ie .. j our de .. 2007, avec les
signatures suivantes :
MayorIMaire
Common Clerk/Greffier communal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture
Troisieme lecture
Application for a Municipal Plan and Zoning By-law Amendment
Demande de modification au plan municipal et a l'arrete sur Ie zonage
Applicant Related Information I Renseignements sur Ie demandeur
Name of Applicant I Nom du demandeur Hughes Surveys & Consultants. Inc on behalf of Willow Creek
Developments Inc.
Mailing Address of applicant / Addresse postale du demandeur 575 Crown Street
Saint John. NB
Postal Code I Code postal E2L 5E9
Telephone Number / Numero de telephone
Home I Domicile
Work I Travail 634-1717
Fax Number I Numero de telecopieur 634-0759
Name of Property Owner (if different) / Nom du proprietaire (si different) Bayview Heights Holding Ltd.
Address I Adresse299 Metcalf Street
Saint John. NB
Postal Code I Code postal: E2K 1 K 7
Property Information I Renseignements sur la propriete
Location I Emplacement 103 Sussex Drive (now Technology Drive)
Civic # I No de voirie Street / Rue
51953 & 55183453
PID / NIP
Lot Area / Superficie du lot
Street Frontage J Fa~ade sur rue
Existing Use of Property I Utilisation actuelle de la propriete Vacant Land
Present Municipal Plan Land Use Designation
Designation actuel de utilization des terres sur Ie plan municipal M wi u..rr1 DLO.s H:~_Re.5i ~ ti aJl
Present Zoning / Zonage actuel RM-1 Three Storey Multiple Residential
Amendments Requested I Modifications demandees
Municipal Plan f Plan municipal
J Change Land Use Designation to / Modifier la designation de l'utilisation des terres a _'Bus; (1€!:.,S 'PW k
andfor / ou
c:? Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les details en annexe)
Zoning By-Iawl Arrete sur Ie Zonage
~ Change Zoning to / Modification du zonage a B P (Business Park)
and/or / ou
t:? Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les details en annexe)
Development Proposal/Proposition d'amenagement
Description of Proposal/Description de la proposition
The proposal is to build a one storey business office on Pill 51953. The office building is proposed to
be 80 feet x 130 feet (24.38 metres x 39.62 metres), The building is proposed to be used as offices on1v
and truck traffic would be limited to couriers.
You must provide a scaled site plan that illustrates
your proposal. You may also provide
photographs, building plans, elevation drawings
and any other fonn of information. The site plan
must show the dimensions of the property, the
location of all buildings, dn'veways, parking
areas, landscaping and signs. It is important that
the distance between the property boundary and
buildings are shown,
Vous devez fournir un plan du site it I' echelle illustrant
votre proposition. Vous pouvez egalement fournir des
photographies, des plans de biitiment, des dessins de plan
d' elevation et IOutc autre fanne de renseignement. Le plan
du site doit indiquer les dimensions de la propriete.
I' emplacement de ta totalite des bdtiments, des allees, des
aires de stationnement, des amenagements paysagers et des
panneaux de signalisation. II est important d'indiquer la
distance entre les limites de la propriete et les biltiments.
Provide reasons why these amendments should be approved. I Fournir les raisons pour les queUes les modifications
devraient etre approuvees.
Rezoning would allow an office building to be built for a local company desiring a modem facility. The
properties on the other side of Technology Drive are zoned BP and this would allow for a similar use to
that in the existing business park.
Provide any other information about your proposal that would be helpful. I Fournir tout autre renseignement concernant
votre proposition qui pourrait etre utile.
We will be applYing for a variance for front vard setback and will provide a site plan for this proposal
under separate cover. Hughes Surveys & Consultants Inc. are acting on behalf of Willow Creek
Developments Inc. for this application.
SisDature of Applicant I Signature du demand,,", 0-J2 JA' 9. j 1 J
'<?~l.~-.JJ;~' ""'"751:1<-"'" r....t->
Date tJ \ J Z. '5) 2-CJO? 1 Yt<t-)
~ $400 Application Fee Enclosed / Ci-joint les frais de demande de 400 $
If you are not the owner of the land in question
please have the owner sign below. The signature of
the owner authorizing this application to proceed is
required for consideration by Common Council.
Si vous n 'eres pas Ie proprietaire du terrain en question,
veuillez obtenir ta signature du proprietaire dans la paTtie
ci-dessous. La signature du proprietaire autorisant Ie
traitement de la presente demande est requise pour que
cette demiere soit examinee par Ie conseil communal.
Signature of Owner (if applicable)
Signature du proprietaire (s'il y a lieu) Owner's authorization will be forwarded under separate cover.
Date
~Vice New Brunswick
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Map Scale I Echelle cartographique 1 : 2529
While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a
graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not
a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area.
Meme si cette carte n'est peut-atre pas libre de toute erreur ou omission, toutes les precautions ont ete prises pour en assurer
la meilleure qualite possible. Cette carte est une representation graphique approximative des terrains (Iimites, dimensions,
configuration et emplacement). Elle n'a aucun caractere officiel et ne doit done pas servir a la redaction de la description
officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa supetiicie.
31-05-'07 12:11 FROM~Hughes Surveys
15066340759
T-250 P002/003 F-718
Application for a Municipal Plan and Zoning By~law Amendment
Demande de modification au plan municipal et it I'arrete sur Ie zonage
,
Applicant Related Information I Renseignements sur Ie demandeur
Name of Applicant / Nom du demandeur Hlli!:hes Surveys & Consultants, lne on behalf of Willow Creek
Developments IDe.
Mailing Address of a.pplicant / Addresse postaJe du demandeur 575 Crown Street
Saint John.. NB
Postal Code I Code postal E2L 5E9
Telephone Number ,I Numero de telephone
Home / Domicile
Work / Travail 634-1717
Fax Number I Numero de wlecopieur 634-0759
Name of Property Owner (if different):' Nom du proprietaire (si different) Bavview Heights Holding Ltd.
Address / Adresse299 Metcalf Street
Saint John. NB
Postal Code / Code postal:E2K 1 K7
Property Information I Renseignements sur la propriete
Location i Emplacement 103 Sussex Drive (now Technology Drive)
Civic # / No de voirie Street I Rue
51953 & 55183453
PID ; NIP
Lot Area I Supertlcie du lot
Street Frontage l Falfade sur roe
Existing Use of Property / Utilisation actuelle de la propriere Vacant Land
Present Municipal Plan Land Us.e Designation
Designation actuel de utilization des tems sm Ie plan municipal
Present Zoning i Zonage actuel RM-I Three Storey Multiple Residential
Amendments Reques,ted I Modifications demandees
Municipal Plan I Plan municipal
IZl Change Land Use Designation to I Modifier la designation de l'utiHsation des terres it
and/or! Oll
o Text Amendment (indicate particulars on attachment) / MOdification du texte (indiquez les details en annexe)
Zoning B~l-Iawl Arrete sur Ie Zonage
1&1 Change Zoning to / ModificatioD du ;c;onage a BP (Business Park)
an.d! Or / au
o Text Amendment (indicate particulars on attaclunent) ! Modification due texte (indiquez les details en annexe)
31-05-/07 12:12 FROM-Hughes Surveys
15066340759
T-250 P003!003 F-718
Development Proposal I Proposition d'amenagement
Description of Proposal I Description de Ie. proposition
The proposal is to build a one storey business office on PID 51953. The office building is proposed to
be 80 feet x 130 feet (24.38 metres :x: 39.62 metres). The building is proposed to be used as offices only
and truck traffic would be limited to couriers.
You must provide a scaled site plan that illustrates
your proposal. You may also provide
photographs, building plans, elevation dr(lWings
and an); other form of information. The site plan
must show the dimensions of the. properry. the
IUl.;uiivfJ v[ ull u~ihli"l!!,"" .Ii ~''''''''')'''' flur !",,,t, ~'I'<!U'J,
landscaping and signs. It is important that the
distance between the property boundary and
building,. an~ .s}U.JWfJ_
Vous dewufoumir un plan du site a NcheJ/e illustrant Votre
proposition_ Vow pouvez egalementfournir des
photographies, des plans de bdtiment. des dessins de plan
d'iUvation et toute autre forme de rerr..seignement. Ie plan du
site doit indiquer les dime.nsions de La propriitri,
1'':''lpl.:J.::em..!m! oil: 1~ Mt.:rUr! i& },.itfme"ts, deB o$IU.aC9, dc.9
aires de stationnemenr, des amenago:ments paysagers et des
panneaux de signalisation 11 est important d'indiquer la
dt:t~rl~~ ~1ftr~ Ir'!J limites de la proP/-Ute etles batimcnts
Provide reasons why these amendments should be approved. / Fournir les raisons pOut les queUes les modifications devraient
em approuvee;:;;.
Rezoning would allow an office building to be built for a local company desiring a modem facility_The
properties on the other side of Technology Drive are zoned BP and this would allow for a similar use to
that in the existing business park.
Provide any other infolIDation about your proposal that would be helpful. I Foumir tout autre renseignement concernant votre
proposition qui pourrait ~tre utile.
We \\'ill be applYing for a variance for front yard setback and will provide a site plan for this :groposal
WIder separate cover. Hughes Surveys & Consultants Inc. are actillQ on behalf of Willow Creek
Developments Inc. for this application.
Signature of Applicant i Signatw'e du demandeur
~t~
o $400 Application Fee Enclosed I Ci-joint Ies frais de demande de 400 $
ljyou ar~ not the owner of the land in que$tion
p"~ase have rIM owner sign below. The signature of
the owner authorizing this application to proc.ee.d is
required for consideration by Common Council.
~
~ I
Signature of Owner (if applicable)
Signature du proprietaire (s.'il y a lieu).
Date
Si vous n'Ates pas Ie proprietaire du terrain en question.
veutlle.z. Qbtenir la signature du proprietaire dans la partie
ci-de:;$ous_ La signature du proprtetaire. autorisam Ii?
traitement de La prisente demande est requise pour que
~e.tte demie~oit a nee par ie conseil communal.
-- ~J-
PROPOSED MUNICIPAL PLAN
AMENDMENT
RE: 50 TECHNOLOGY DRIVE
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 redesignate on
Schedule 2-A of the Plan, from Medium Density
Residential to Business Park, the following
property:
A parcel of land with an area of approximately
6,740 square metres, located at 50 Technology
Drive, also identified as being PID Nos. 00051953
and 55183453, as illustrated below.
(INSERT MAP)
A public presentation of the proposed amendment
will take place at the regular meeting of Common
Council on Monday, June 18,2007 in the Council
Chamber, Lobby Level, City Hall.
REASON FOR CHANGE:
To permit the development of a business office.
Written objections to the proposed amendment may
be made to the Council, in care of the undersigned,
by July 18, 2007, Enquiries may be made at the
office of the Common Clerk or Planning and
Development, City Hall, 15 Market Square, Saint
John, N,R between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays
excepted.
J. Patrick Woods, Common Clerk
658-2862
PROJET DE MODIFICATION DU
PLAN MUNICIPAL
OBJET: 50, PROMENADE TECHNOLOGY
Par les presentes, un avis public est donne par
lequel Ie couseil communal de The City of Saint
John a l'intention d'ttudicr une modification du
plan d'amenagement municipal visant a faire passer
la classification du bien-fonds suivant, a l'annexe 2-
A du plan, de zone residentielle de densite
moyenne a zone de parc commercial:
une parcelle de terrain d'une superficie d'environ 6
740 metres carres, situee au 50, promenade
Technology, et portant les NID 00051953 et
55183453, comme l'indique la carte ci-dessous.
(INSERER LA CARTE)
Une presentation publique du projet de
modification aura lieu lors de Ia reunion ordinaire
du conseil communal Ie lundi 18 juin 2007 dans la
salle du conseil, au niveau du hall d'entree, a
I 'hOtel de ville.
RAISON DE LA MODIFICATION:
Permettrc l'amenagement d'un bureau d'affaires.
V cuillez faire part au conseil par ecrit de vos
objections au projet de modification au plus tard Ie
18 juillet 2007 a l'attention du soussigne. Pour
toute demande de renseignements, veuillez
communiquer avec Ie bureau du greffier communal
ou Ie bureau de l'urbanisme et du developpement a
1'h6tel de ville au 15, Market Square, Saint John,
N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi,
sauf les jours feries.
J. Patrick Woods, Greffier communal
658-2862
PROPOSED MUNICIPAL PLAN AMENDMENT
RE: 50 TECHNOLOGY DRIVE
Public Notice is hereby given that the Common Council of The City of Saint Jo1m intends to consider an
amendment to the Municipal Development Plan that would redesignate on Schedule 2-A of the Plan, from
Medium Density Residential to Business Park, the following property:
A parcel of land with an area of approximately 6,740 square metres, located at 50 Teclmology Drive, also
identified as being PID Nos. 00051953 and 55183453, as illustrated below.
(INSERT MAP)
A public presentation of the proposed amendment will take place at the regular meeting of Common
Council on Monday, June 18, 2007 in the Council Chamber, Lobby Level, City Hall.
REASON FOR CHANGE:
To permit the development of a business office.
Written objections to the proposed amendment may be made ta the Council, in care of the undersigned,
by July 18, 2007. Enquiries may be made at the office of the Common Clerk or Planning and
Development, City Hall, 15 Market Square, Saint John, N.R between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays excepted.
J. Patrick Woods, Common Clerk
658-2862
------------------------------------------------------------------
PROJET DE MODIFICATION DU PLAN MUNICIPAL
OBJET: 50, PROMENADE TECHNOLOGY
Par les presentes, un avis public est donne par lequelle conseil communal de The City of Saint John a
I'intention d'etudier une modification du plan d'amenagement municipal visant a faire passer la
classification du bien-fonds suivant, a l'annexe 2-A du plan, de zone residentielle de densite moyenne a
zone de pare commercial:
une parcelle de terrain d'une superficie d'environ 6 740 metres CaITeS, situee au 50, promenade
Technology, et portant les NID 00051953 et 55183453, comme I'indique la carte ci-dessous.
CINSERER LA CARTE)
Vne presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil
communal Ie lundi 18 juin 2007 dans la salle du conseil, au niveau du hall d'entree, a l'hOtel de ville.
RAISON DE LA MODIFICATION:
Permettre I'amenagement d'uD bureau d'affaires.
Veuillez faire part au conseil par ecrit de vos objections au projet de modification au plus tard Ie 18 juillet
2007 a J'attention du soussigne. Pour toute demande de renseignements, veuillez communiquer avec Ie
bureau du greffier communal au Ie bureau de l'urbanisme et du developpement a l'hOtel de ville au 15,
Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries.
J. Patrick Woods, Greffier communal
658-2862
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City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Bud~et Number: 110 0801 4422010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I Fax: (506) 674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJTJ City Information Ad
Date(s): Tuesday, June 5, 2007
.. SJT J Independent Placement
.. SJT J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
o General Notice 0 Tender D Proposal
~ Public Notice
Sub-Headline (if applicable):
Text:
INSERT A TT ACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
BY-LAWNUMBERC.P.I05-
A LAW TO AMEND THE
MUNICIPAL PLAN BY-LAW
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
^ , 0
ARRETE N C.P. 105-
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 :
The Municipal Plan By-law of The L'arn.':te relatif au plan municipal de
City of Saint John enacted on the 3rd day The City of Saint John edicte Ie
of January, A.D. 2006 is amended by: 3 janvier 2006 est modifie par:
1 Amending Schedule 2-A, the
Future Land Use Plan, by redesignating a
parcel of land with an area of
approximately 6,740 square metres, located
at 50 Technology Drive, also identified as
being PID Nos. 00051953 and 55183453,
from Medium Density Residential to
Business Park classification.
- all as shown on the plan attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the'" day of "', A.D. 2007
and signed by:
1 la modification de I'annexe 2-A
relative au plan d'amenagement futur des
terres, afin de faire passer la designation
d'une parcelle de terrain d'une superficie
d'environ 6 740 metres calTl~s, situee au
50, promenade Technology, et portant les
NID 00051953 et 55183453, de zone
residentielle de densite moyenne a zone de
pare conunercial.
- toutes les modifications sont indiquees sur
Ie 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 Ie
present arrete Ie '" jour de '" 2007. avec les
signatures sui vantes :
Mayor/Maire
Conunon Clerk/Greffier communal
First Reading
Second Reading-
Third Reading -
Premiere lecture
Deuxieme lecture
Troisieme lecture
The Cily of Saint John
June 11, 2007
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Fellow Councillors,
Subject: Pedestrian Walkways
Background:
Many Cities have pedestrian walkways that have become a signature location for that City. In St John's it is
George Street, In Ottawa it is Sparks Street, In Calgary it is Stephens Lane, in Quebec City it is Artist
Alley, etc. All of these streets are distinctive with their own character and their own ambience. They are
well recognized for an area that brings people together, to shop, dine, to gaze at and purchase art as well as
enjoy the night life.
Visitors may forget much of what they have seen, however one thing is for certain they never forget these
signature streets and landmarks.
Analysis:
I have had the opportunity to discuss and receive input with certain merchants who expressed a wish and or
desire to have the street on which they operate their business converted into a pedestrian walkway.
Two such streets are Charlotte from Union Street to North King Street and the other is Prince William from
Princess to King Street. While these two examples are cited, I am certain that other streets also exist with
great potential to become pedestrian walkways.
These location(s) have the potential to serve this city well as signature streets, streets that would be vibrant,
streets that would be memorable, as attractions that would bring old and new visitors back to Saint John.
Resolution:
That the creation of pedestrian walkways in the uptown be referred to the City Manager and in consultation
with Uptown Saint John, study this matter and report back to Council in one month.
Y OUTS truly
~:41'.k_C/ -b
CC:n~or-Glen Tait
~
SAlNTJOHN
-
P.O. Box 1971 Saint John, N8 Canada ElL 4Ll I \l\MMI.saintjohn.ca I c.P. 1971 Saint John, N.-8. Canada E2L 4L1
June 11, 2007
OPEN SESSION
Mayor Norman McFarlane and
Members of Common Council
RE: Lovalist House
As Council is aware, there have been two recent articles in the Telegraph-Journal recently
regarding the issue of the upkeep of Loyalist House, located at the corner of Union and
Germain Streets. This building has been one of the City's popular tourist attractions for
many years. It is my position that while the City does not own, or operate this site, I feel
that we should do what we can to support the group of volunteers, the New Bn1l1swick
Historical Society, that do their best to keep the site up. It has been advertised that the
building is in need of cosmetic upkeep, ie: painting and maintenance of window shutters.
It is my understanding that the group themselves have raised funds towards the cost of
the work and that the Province has agreed to contribute an amount equal to 50% of the
estimated cost of approximately $17,000.00. It is my position that becau se this site is not
only a Tourist attraction, but more importantly because it is a site that holds major
historical significance to our Community that we should commit fund s to the cost of the
required work.
RECOMMENDA TION:
I move that the City Manager be directed to contact a representative of the New
Brunswick Historical Society and determine what amount is required to cover the
cost of the required work and that based on this discussion, the City commits an
amount up to $5000.00 to assist in the cost of work to Loyalist House.
Respectfully submitted,
Councillor Carl A. White,
Councillor responsible for Tourism and
second on Heritage and Culture
\
11'
'Ote City of saint John
June 12, 2007
Your Worship Norm McFarlane,
Members of Common Council
City of Saint John
Dear Mayor and Fellow Councillors:
During the FCM meeting recently held in Calgary, General Rick Hillier, our Chief of the
Defense Staff, gave the 2,100 delegates from across Canada an eye-opening view of Canada's
role around the world. He stressed the importance of recognizing the efforts of our men and
women serving in all branches of our Armed Forces. He mentioned how important the wearing
of the Red Ribbons on Friday meant to the troops serving in Afghanistan and to the families
waiting at home for a loved one to return.
We know the Laurie Greenslade, who lost her son David, is actively seeking support for
David's friends and fellow soldiers. What can we do, as a Council, to help Mrs. Greenslade and
other families who have sons and daughters serving in our military? Some suggestions are:
(1) Ask all five Greater Saint John Communities to recognize "Red Fridays" (Red ribbons,
sweaters, T-shirts)
(2) Encourage our citizens to display the Canadian Flag on their properties
(3) Planting of red flowers in our parks
Seeing five women standing on the corner of Loch Lomond Road and Westmorland
holding five Canadian Flags during David's funeral procession meant the world to the young
men and women serving our Country that day.
Respectfully submitted,
~CJ-
Ivan Court
COUNCILLOR
~.
SAINT JOHN
-
P.O. Box 1971 SaintJohn, NB Canada E2L 4L1 I www.saintjohn.ca I c.P. 1971 Saint John, N.-B. Canada ElL 4L1
\
\\.
The City of saint John
June 12, 2007
Your Worship Norm McFarlane,
Members of Common Council
City of Saint John
Dear Mayor and Fellow Councillors:
Your Worship, you and Councillor Farren recently attended a meeting of concerned
citizens over the establishment of a motto-cross race track on the west side near Ocean
Westway.
On June 7th and 9th, I received 57 calls from four locations in the general area of this
track. Citizens were concerned with the constant noise, dust and safety issues related to
parking on the highway and people entering and exiting this site.
This site is not zoned for this type of activity. I have a number of questions for staff and I
want to ask these questions in open session.
Respectfully submitted,
~~
Ivan Court
COUNCILLOR
$
SAINT JOHN
--
P.O. Box 1971 Saint John, NB Canada ElL 4L1 I www.saintjohn,ca I c.P. 1971 Saint lohn, N.-B. Canada ElL 4L1
720 RURAL (RF)
(1) Uses
Any land, building or structure may be used for the purposes of, and for no other purpose
than,
(a) the following uses:
- one-family dwelling;
- library;
- two-family dwelling;
- park or playground or wood-
lot;
- church;
- as a secondary use,
- community centre and
grounds;
'"
subject to subsection
(2)(a), farming or the
keeping of animals;
- elementary school;
- high school;
'"
fishing, but not
including processing or
sales on the premises;
- vocational school;
- subject to subsection 810(3),
a home occupation;
- subject to Section 810(1), a
group home;
(b) the following uses subject to such terms and conditions as may be imposed by the
Committee:
commercial recreational facilities including golf, tennis, boating, swimming,
skiing but not including automobile, cycle, or horse-race tracks;
subject to Section 810(2), a convenience store, with or without ancillary take-out
restaurant and dwelling accommodation;
as a secondary use to a convenience store, the sale of gasoline;
hospital for the treatment of animals;
institution of an educational or philanthropic nature;
subject to the Mobile Home Parks By-law, mobile home park;
office for one or two practitioners of medicine or dentistry;
private club, fraternity or lodge without a license under the New Brunswick
Liquor Control Act;
133
720
RF ZONE
(1 )
(b) -
subject to clauses (ii) and (iii) of subsection (2)(a), a riding stable;
wireless station;
temporary seasonal stand for the sale of fruit, vegetables, flowers, sea foods,
souvenirs, handicrafts and similar products;
subject to Section 810(11)(b), the excavation of land greater than one
metre for the purposes of preparing the site for development permitted in
the zone;
(c) subject to Section 830, an accessory building, structure or use, incidental to a use,
building or structure permitted in this Section.
(2) Conditions of Use
(a) the keeping of domestic animals is permitted only in conjunction with the residential use
of a lot and subject to the following standards and conditions:
(i) the lot is not less then 4000 square metres in area with a lot width of not less
than 60 metres;
(ii) no stable, building, enclosure or structure in which domestic animals are kept is
located within 22 metres of any property line or 15 metres of any dwelling;
(iii) any necessary approval under the Health Act is obtained;
(iv) the total number of all such animals (other than their young under the age of six
months) on a tot is limited to:
A. in the case of horses, ponies, goats or sheep,
(1) two animals, if the lot is a minimum of 4000 square metres,
(2) three animals if the lot is a minimum of 6000 square metres with a lot
width of at least 90 metres,
(3) more than three animals, if an additional 2000 square metres is
provided for each animal,
B. in the case of cows, one animal per area of 2 hectares with a lot width of at
least 180 metres.
C. notwithstanding subsection (iv) Bt a total of 30 cattle may be located on
approximately 4 ha (10 acres) at 586 Churchland Road (NBGIC Number
55020036) .
134
720 RF ZONE
(3) Zone Standards
(a) Minimum lot area
a dwell ing . .. .. . , .. . . . .. . . . . . . , . .. . .. .. .. . , .. . . . . . , .. .. .. . .. ... .. ... .. . .4.0 hecta res
other ........,....,... ......... ......."....... ........ "." .....4,000 square metres
(b) Minimum lot width
a dwelling........................ ......... .....,.....,............. ...120 metres
other ..............."......... .......,. ........ ..................... .60 metres
(c) Minimum lot depth.......".............. .......... ....,. .................. .....38 metres
(d) Mi nimum front yard............ .....".........""...... ..........,.............9 metres
(e) Minimum rear yard....................... ............................ ......... 7.5 metres
(f) Minimum side yard
15 per cent of the width of the lot to a
maximum of 9 metres
(g) Minimum ground floor area:
(i) for a semi-detached dwelling
single storey ....................................".............99 square metres
split-level................,.,.,...........,... .....,.... ......... .79 square metres
1112,2 or 3-storey ............................................69 square metres
(ii) for a dwelling I other than a semi-detached
single storey......,."................. .....,....,........ .....74
split-level............... ........... ...........,'..... ........... .59
1~, 2 or 3-storey .........................".........." .....52
square metres
square metres
square metres
(h) Maximum height... "..... .....,,,....,,.... ............... .........."..." ". ..11
metres
135
I [ I
The City of Saint John
June 12, 2007
Your Worship Norm McFarlane
Members of Common Council
City of Saint John
Dear Mayor McFarlane and Fellow Councillors:
RE: PUBLIC TRANSIT - FUEL TAX REBATE
The government of New Brunswick recently acknowledges the role of public transportation in
their efforts to reduce the impact on the environment (reduction of greenhouse gases).
Currently, the provincial government provides no financial support to public transportation. The
costs associated with this vital service is the responsibility of the municipality.
In 2003, this initiative for rebate received broad-based and active support from labour, business,
municipal transit authorities, Cities Association, economic development organizations and the
cities of Moncton, Fredericton and Saint John.
With respect, it seems the government now has an enlightened view of the number of positives
(economic, social and environment) in relation to public transportation and will now consider a
fuel tax rebate. This rebate could be used to partially offset the significant capital costs of
replacing fleet and/or expanding services.
Supporting the use of public transit is a proven method of significantly reducing green house
gas emissions while providing essential and affordable transportation. Fuel tax rebate "would
be a real contribution to public transportation and our environment."
Motion: Request the Government of New Brunswick to rebate the tax on fuel to the
Municipal Transit Authorities.
(Copy of letter from Province dated April 11 , 2003 is attached.)
Respectfully submitted,
C. T . s
COUNCILLOR
~.
SAINT JOHN
--
P.O. Box 1971 Saint John, NB Canada ElL 4L 1 I www.saintjohn.calc.p. 1971 Saint John, N.-B. Canada ElL 4L 1
Mlrustcr
firuUlCC
Mlttistre
Fiffi1llC<''S
New ~({.... B · k
Nouveau iiii rUnSWIC
April 11, 2003
Christopher T. Titus
Councillor, City of Saint John
15 Market Square
P,O.Box 1971
Saint John, NB E2L 4Ll
Dear Mr. Titus:
This is in response to your letter of February 13, 2003 regarding your request that the
Province of New Brunswick rebate the provincial motive fuel tax to each of the three
Municipal Transit Authorities. The Premier has asked that I reply to your letter on his behalf.
I can appreciate the desire for a provincial fuel tax rebate for municipal transit services, as
well as the need to provide affordable and efficient transportation.
Currently, the Department of Finance is assessing and reviewing the information regarding
this issue. I can assure you that your views will be kept in mind as the government continues
its efforts to improve the tax system in the interests of all New Brunswickers.
Pett::r Mesheau
CC. Honourable Bernard Lord, Premier
Tcl./fclephClnl' :
(~o(,) .f5~-2451
l'ax/I'i:lccopkur :
(506) 157-1989
1'.0. \lox 6000
l'redcrklon
N,'w llrunswk~
C,mullu EjB 'HI]
Case pOS1.1l<: (,OOIJ
Frt'dcricwl1
NOli\!{ ";1 ~ .-1 'n Ul-SW iek
Canada E.~ II 5111
The City of Saint John
\ l . ~
June 13, 2007
Mayor Norm McFarlane and
Members of Common Council
Dear Mayor McFarlane and Fellow Councillors:
RE; TOWN HALL MEETING IN PARTNERSHIP WITH
SAINT JOHN ABILITY ADVISORY COMMITTEE
On May 30,2007 at the Loch Lamond Villa, the second Town Hall meeting was
held between elected municipal officials, municipal staff and members of the disabled
community. Representing the City were myself, Councillor Court and Councillor
Ferguson.
Approximately 40 members of the disabled community were in attendance. Staff
in attendance from Municipal Operations and Engineering included Paul Graody, Holly
Young, Tim O'Reilly, John Clack, Peter Hanlon, Shane Galbraith, Eric Giffin and Randy
Gerawh. Also in attendance from Leisure Services was Barry Freeze.
Town Hall meetings were established to build strang partnerships between
elected officials, city staff and the community. Based on the dialogue, careful listening
and the issues raised, a number of creative solutions and follow-up actions were
identified as result of this meeting. I believe we have achieved a strong partnership with
the disabled community and the City will be able to initiate some meaningful policy
changes in the coming months.
In closing, I would like to thank all those who attended especially Mr. Graody and
Mr. Freeze who have provided the leadership needed to create this strong partnership.
MOTION: I move that this report be received and filed.
~
SAINT JOHN
--
P.O. Box 1971 Saint John, NB Canada ElL 4L1 I W\NW.saintjohn.ca I c.P. 1971 Saintjohn, N.-B. Canada ElL 4L 1
M & C - 2007-187
June 15,2007
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposed Rezoning - 85 Hayes Avenue
BACKGROUND:
At the public hearing on May 22,2007, Common Council tabled the application
and directed staff to organize a meeting with the applicant and the residents of the
surrounding neighbourhood. The purpose of this meeting was to determine what
conditions, if any, Common Council could impose on the rezoning that would
satisfy the concerns of the neighbouring property owners. The Planning Advisory
Committee had recommended that the application be denied.
MEETING SYNOPSIS:
This special meeting was scheduled for noon on June 7, 2007. Some residents had
contacted staff indicating that they would not be able to attend but were interested
in expressing their views. They were directed to submit comments in writing and
since the notifications of the meeting were circulated several responses have been
received. Several people took the opportunity to both submit written comments
and attend the meeting. The table below indicates the area residents who
responded to the notification, their address, and the manner in which they
responded:
Name Address Manner of Response
Madonna Hatty 11 Hayes Avenue Letter & Attended Meeting
Barbara McMullin 18 Hayes Avenue Letter
Eric Doucet 19 Hayes Avenue Attended Meeting
Edna Doucet 19 Hayes Avenue Attended Meeting
Art Evans 30 Hayes Avenue Attended Meeting
RepOlt to Common Council
June 15, 2007
Page 2
Ron Arsenault 75 Hayes Avenue Attended Meeting
Edna McGaughey 85 Hayes Avenue Attended Meeting
Wayne McGaughey 85 Hayes Avenue Attended Meeting
Ken Golding 86 Hayes Avenue Letter
Mary May 95 Hayes Avenue Letter & Attended Meeting
Richard May 95 Hayes Avenue Letter & Attended Meeting
Hope Harris 96 Hayes Avenue Letter & Attended Meeting
Reg Harris 96 Hayes Avenue Letter & Attended Meeting
Heather Harriman 104-106 Hayes Avenue Letter & Attended Meeting
Connie Grant 105 Hayes Avenue Letter & Attended Meeting
Brenda Brennan 114 Hayes Avenue Letter & Attended Meeting
Gerald Brennan 114 Hayes Avenue Letter & Attended Meeting
Fifteen people, representing ten households, attended the meeting, including the
applicant, Mr. Wayne McGaughey, and his wife.
Mr. McGaughey indicated that since he purchased the subject site, property
values in the area have increased because of renovations that he, among other
property owners, have undertaken on their homes. In his opinion, the proposed
garage would not have a detrimental effect on property values in the vicinity. In
addition, because a portion of his property is being assessed at the commercial tax
rate, he believed that the repair garage was permitted.
Aside from the applicant and his wife, only two neighbours indicated that they
were not opposed to the application. The remaining attendees, as well as those
who responded in writing, were opposed to the application and could not suggest
any conditions which would satisfy their concerns. Concerns were raised
regarding:
1) The enforcement of City By-laws. As the business has been operating
illegally on the premises for the past 8-9 years, many attendees expressed
doubt that any conditions imposed by Council would be adhered to.
2) Retaining the residential character of the neighbourhood. Comments
were made that the existing garage was not compatible with the area and
rezoning the property would not only allow the expansion of the business
but also create potential for future non-compatible commercial
developments.
3) Property devaluation. Many property owners indicated they had
concerns that changing the zoning to allow the repair garage would cause
a substantial reduction in their property assessment, thereby decreasing the
resale value of their homes.
4) Nuisance/Safety Factors. Several nuisance/safety factors were raised
such as:
RepOlt to Common Council
June 15, 2007
Page 3
. the potential increase in traffic on Hayes Avenue given the street
configuration and lack of sidewalks;
. noise of the repair equipment
. possible environmental contaminants
When asked directly what conditions, if any, would satisfy their concerns, the
majority of neighbours clearly stated that they simply did not want the property
rezoned and that no conditions would be satisfactory to them.
CONCLUSION:
Given the response from the neighbourhood, there does not appear to be any
common middle-ground from which to draft a list of acceptable conditions that
would enable the property to be rezoned yet suitably address the issues raised by
area residents.
Common Council may still proceed with the proposed amendment, either with or
without conditions, or, as recommended by staff and the Planning Advisory
Committee, deny the application.
RECOMMENDATION:
That this report be received and filed and further that Council proceed with its
consideration of this application.
Respectfully submitted,
Jim R. Baird, MCIP
Commissioner
Planning and Development
Terrence Totten, F.C.A.
City Manager
PF/p
Project No. 07-130
t ~O~)
e(, } , Application for a Zoning By-law Amendment
Demande de modification a )'arrete sur Ie zonage
Applicant Related Information I Renseignements sur Ie demandeur
a2.)' "
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Postal Code I Code postal
Name of Applicant; Nom du demandeur' J :). J h PI
Mailing Address of applicant / Addresse postale du demandeur
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Telephone Number; Nmnero de telephone
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Home I Domicile Work; Tmvail
Fax Number I Numero de telecopieur (I)f) &,\ D l;.j - 632 ()
Name of Property Owner (if different); Nom du propriCtaire (si different)
(SU/'(l~~
Address I Adresse
Postal Code I Code postal
Property Information / Renseignemeots sur la propriete
Location I Emplacement
85 Hd~~
Civic # I No de e
f2JV
Street I Rue
() j ~I 6 f/ ,,~ h
PID I NIP
Lot Area I Superficie du lot
Street Frontage I Fa93de SIlt rue
Existiilg Use of Property / Utilisation actuelle de 1a propriete
Municipal Plan land Use Designation
Designation de utilization des terres sur Ie plan municipal
Amendment Requested I Modification demandie
Present Zoning / Zonage actuel T< p <:.;, " ;1 f' n + i C. I
@/ Change Zoning to ; Modification do zonage Ii . R - 2 (~ ~Jl eJ' (.1."'- 75 tL SIn es 5
and/or I ou ;..(\ () (> c. i " -r ,- ....1-)
o Text Amendment (indicate particulars) I Modification due texte (indiquez les details)
Development Proposal I Proposition d'amenagement
Description of Proposal / Description de la proposition
tr:} be t:hLc ic (to vY"lot(;W ueh,c..le..
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You must provide a scaled sUe plan that illustrates
your proposal. You may also provitk
photographs, building plans, elevation drawings
and any other form of information. The plan must
show the dimensions of the property, the location
of all buildings. driveways. parking areas,
landscaping and signs. It is important that the
distance between the property boundary and
buildings are shown.
<t I) nf'J
Pl'CPt',-t:J
I
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Vous devezfoumir un plan du sUe a /'echelle illustrant votre
proposition. Vous pouvez egalementfoumir des
photographies, des plans de bdtiment, des dessins de plan
d'elevaiion et toute autre forme de renseignement. Le plan
doit indiquer les dimensions de la propriete, l'emplacement de
/a totatite des bdtiments, des allees, des aires de
stationnement, des amenagements paysagers et des panneaux
de signalisotion. 11 est important d'indiquer la distance entre
les limites de fa propnete et les btitiments.
Provide reasons why these amendments should be approved. I Foumir tout autre renseignement concernant votre proposition
qui pourntit etre approuvees.
Provide any other infonnation about your proposal that would be helpful. I Fournir tout autre renseignement concernant votte
proposition qui pourrait !tre utile.
Signature of Applicant I Signature do demandeur '~;J-l, Cl ll!'-tldl.M
Date Y1Iai--c./V-ZI;O /'
o $400 Application Fee Enclosed I Ci-joint les frais de demande de 400 $
If you are not the owner of the land in question
please have the owner sign below. The signature of
the owner is authorizing this application to proceed
for consideration by Common Council.
Signature of Owner (if applicable)
Signatme due proprietaire (s'il y a lieu)
Si vous n'iles pas Ie prD?ielaire du terrain en question,
veuillez obten;r la signature du proprietaire dans la partie
ci-dessous. La signature du propr;etaire autorisant Ie
traitement de la presente demande pour que celie derniere
soil examinee par Ie conseil communal.
Date:
March 31, 2007
To who it may concern:
I the undersigned Wayne McGaughey would like to do motor vehicle inspections in the
repair garage at 85 Hayes Ave., Saint John, NB.
The following that accept this proposal do so by signing with their address:
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PROPOSED ZONING BY -LA W
AMENDMENT
RE: 85 HAYES 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 Chamber on Tuesday, May 22, 2007 at
7:00 p.m., by:
Rezoning a parcel of land located at 85 Hayes
Avenue, having an area of approximately 2100
square metres, also identified as being Pill No.
00408666, from "R8-2" One and Two Family
Suburban Residential to "B-2" General
Business.
PROJET DE MODIFICATION DE
L'ARRETE SUR LE ZONAGE
OBJET: 85, AVENUE HAYES
Par les presentes, un avis public est dOIUle par
lequel Ie conseil communal de The City of
Saint John indique son intention de modifier
l'arrete sur Ie zonage de The City of Saint Jo1m,
lors de la relUlion ordinaire qui se tiendra dans la
salle du conseille mardi 22 mai 2007 a 19 h, en
apport ant la modification suivante :
Rezonage d'une parcelle de terrain situee au
85, avenue Hayes, d'une superficie approximative
de 2 100 metres carres et portant Ie NID 00408666,
afin de faire passer la classification de zone
residentielle de banlieue habitations
unifamiliales et bifamiliales <<R8-2)) a zone
commerciale generale (( B-2 )>.
REASON FOR CHANGE: MOTIFS DE LA MODIFICATION:
To permit an automotive repair garage with a Permettre l'amenagement d'un garage de reparation
residence. de vehicules automobiles avec une residence.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Plarming and
Development, City Hall, 15 Market Square, Saint
John, N.R between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays
excepted.
Written objections to the amendment may be sent
to the undersigned at City Hall.
J. Patrick Woods, Common Clerk
658.2862
Toute personne interessee peut examiner la
modification proposee au bureau du greffier
communal ou au bureau de l'urbanisme et du
d6veloppement a l'hOtel de ville situe au
l5, Market Square, a Saint John, au
Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du
lundi au vendredi, sauf les jours feries.
Veuillez faire part de vos objections au projet de
modification par ecrit a l'attention du soussigne a
l'hOtel de ville.
J. Patrick Woods, greffier communal
658-2862
PROPOSED ZONING BY-LAW AMENDMENT
RE: 85 HAYES 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 ta be held in the Council Chamber
on Tuesday, May 22, 2007 at 7:00 p.m., by:
Rezoning a parcel of land located at 85 Hayes Avenue, having an area of approximately 2100 square
metres, also identified as being PID No. 00408666, from "RS-2" One and Two Family Suburban
Residential to "B-2" General Business.
REASON FOR CHANGE:
To penmt an automotive repair garage with a residence,
The proposed amendment may be inspected by any interested person at the office of the Common Clerk,
or in the office ofPlarming and Development, City Hall, 15 Market Square, Saint John, N.B. between the
hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City Hall.
J. Patrick Woods, Common Clerk
658-2862
PROJET DE MODIFICA nON DE v ARRETE SUR LE ZONAGE
OBJET: 85, A VENUE HAYES
Par les presentes, un avis public est donne par lequelle conseil communal de The City of Saint John
indique son intention de modifier l'arrete sur Ie zonage de The City of Saint John, lors de la reW1ion
ordinaire qui se tiendra dans la salle du conseille mardi 22 mai 2007 a 19 h, en apportant la modification
suivante :
Rezonage d'une parcelle de terrain situee au 85, avenue Hayes, d'une superficie approximative de
2 100 metres carn~s et port ant Ie NID 00408666, afin de faire passer la classification de zone
n!sidentielle de banlieue - habitations unifamiliales et bifamiliales <<RS-2)) a zone commerciale
generale {( B-2 )),
MOTIFS DE LA MODlFICA TION :
Permettre l'amenagement d'un garage de reparation de vehicules automobiles avec une residence.
Toute perSOIll1e interessee peut examiner la modification proposee au bureau du greffier communal au au
bureau de l'urbanisme et du deve10ppement it l'hotel de ville situe au 15, Market Square, a Saint John, au
Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jaurs feries.
Veuillez faire part de vos objections au projet de modification par ecrit a l'attention du soussigne a l'hOtel
de ville.
J. Patrick Woods, greffier communal
658-2862
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Bude.et Number: 11001801 4422010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick W Gods
Phone: (506) 658-2862 r Fax: (506) 674-4214
Special Instructions (if any):
N ewspa per
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJT J City Information Ad
Date(s): Tuesday, April 24, 2007
Tuesday, May 15,2007
.. SJT J Independent Placement
.. SJT J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
D General Notice 0 Tender 0 Proposal
~ Public Notice
Sub-Headline (if applicable):
Text:
INSERT A TT ACHED
Call to Action: 1. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
BY-LAW NUMBER C.P. 110-
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
ARRET:E NO C.P. 110-
ARRETE MODIFIANT L' ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Be it enacted by The City of Saint Lars d'une reunion du conseil
John in Common Council convened, as communal, The City of Saint John a
follows: decrete ce qui suit:
The Zoning By-law of The City of L'arrete sur Ie zonage de The City
Saint John enacted on the nineteenth day of of Saint John, decrete Ie dix-neuf (19)
December, A.D. 2005, is amended by: decembre 2005, est modifie par:
I Amending Schedule "A", the
Zoning Map of The City of Saint John, by
re-zoning a parcel of land located at 85
Hayes Avenue, having an area of
approximately 2,100 square metres, also
identified as being PID No. 00408666,
from "RS-2" One and Two Family
Suburban Residential to "B-2" General
Business classification
- all as shown on the plan attached hereto
and fonning part of this by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the * day of *, A.D. 2007
and signed by:
I La modification de l'annexe (<A)),
Plan de zonage de The City of Saint John,
pennettant de modifier la designation d'une
parcelle de terrain situee au 85, avenue
Hayes, d'une superficie approximative de 2
100 metres carres et portant Ie
NID 00408666, afin de faire passer la
classification de zone zone residentielle de
banlieue - habitations unifamiliales et
bifamiliales (<RS-2>) it zone commerciale
generale (( B-2 )).
- toutes les modifications sont indiquees sur
Ie plan ci-joint et font partie du present
arrete.
EN FOI DE QUO!, The City of Saint John
a fait apposer son sceau communal sur Ie
present arrete Ie 2007,
avec les signatures suivantes :
Mayor! Maire
Common Clerk/Greffier communal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture
Troisieme lecture
Planning
Advisory Committee
P.O. Box 1971
Saint John
New Brunswick
Canada E2L 4L1
506 658-2800
\ bJ
q,'J
May 16, 2007
SUBJECT: Proposed Rezoning - 85 Hayes Avenue
Your Worship and Councillors:
On April 23, 2007 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its May 15,2007 meeting.
The property owner, Mr. Wayne McGaughey, appeared before the Committee in
support of the application. Additional presentations in support of the application
were made by: Mrs. Michelle Logan (daughter of Urban and Brenda Carr, who
reside at 64 Hayes Avenue), Mrs. Brenda Carr (64 Hayes Avenue) and Mr. Art
Evans (30 Hayes Avenue).
Messrs. Gerald Brennan (114 Hayes Avenue), Eric Doucet (19 Hayes Avenue)
and Jonathan Sherwood (l 0 Hayes A venue) addressed the Committee in
opposition to the proposal. The speakers expressed concern with regard to
increased traffic on Hayes Avenue, decreased property values, and the potential
for other commercial uses to become established if the subject application were
approved.
In addition to the above presentations, the Committee received several letters and
a petition expressing objections and concerns with respect to the proposal. Copies
of these letters are attached. One letter in support of the application as well as a
petition in favour of allowing the applicant to perform motor vehicle inspections
on the site were also received and copies are attached. Please note that while some
people have signed both petitions, the one in favour of allowing motor vehicle
inspections did not expressly specify support for the rezoning and was circulated
prior to the mailing of the neighbour notice prepared by staff outlining the
proposal and the necessary approvals.
After considering the report, presentations and letters, the Committee adopted
staff recommendation as set out below.
RECOMMENDATION:
Planning and Development
Urbanisme et de\'eloppement
P.O. Box/C.P. 1971
Saint John, NB/N.-B.
Canada E2L 4L1
W1\'w.saintjohn.ca
DATE:
MAY 11, 2007
The City of Saint John
TO:
PLANNING ADVISORY COMMITTEE
FROM:
PLANNING AND DEVELOPMENT
FOR:
MEETmGOF~:;Ji( ~_
Patrick Foran
Planning Officer
SUBJECT:
Name of Applicant:
Wayne McGaughey
Name of Owner:
Wayne McGaughey
Location:
85 Hayes Avenue
PID:
00408666
Municipal Plan:
Low Density Residential
Zoning:
Existing:
"RS-2" One and Two Family Suburban
Residential
Proposed:
"B-2" General Business
Proposal:
To rezone a residential property in order to permit an
existing automotive repair garage and car sales lot.
Type of Application:
Rezoning and Conditional Use
Wayne McGaughey
85 Hayes Avenue
Page 2
May 11,2006
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to
Common Council concerning proposed rezoning applications. The Committee's
recommendation will be considered by Common Council at a Public Hearing on Tuesday, May
22, 2007.
The Zoning By-law authorizes the Committee to impose terms and conditions upon the
establishment and operation of an automotive repair garage and a car sales lot in the "B-2"
General Business zone.
STAFF RECOMMENDATION TO COMMITTEE:
That this application be denied.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering indicate that they have no objections to this
application.
Building and Technical Sen'ices advise that their office has a number of complaints on record
related to the garage operation. As well, an addition has been constructed on the original garage
with no permit.
Fire Department has the following concerns & comments:
· Spraying or undercoating operations, shall conform to the standards as identified in
section 5.4 of the National Building Code of Canada 1995.
· Hot works (welding, etc) operations shall conform to the standard as identified in section
5.2 of the National Building Code of Canada 1995.
· The National Fire Code requires that Fire Extinguishers are located in Motor Vehicle
Garages.
· The National Fire Code requires that a Fire Safety Plan is on site.
· The storage of propane cylinders must confonn to section 5.5 ofBI49.2-00 of The
Propane Storage and Handling Code.
· The heating system within the garage must satisfy the National Building and Fire Codes.
· The Department of Public Safety (Electrical Inspector) shall make an assessment as to the
appropriateness of the electrical system to support the garage operations.
Wayne McGaughey
85 Hayes Avenue
Page 3
May 1 I, 2006
N.R. Department of Public Health and Wellness has been forwarded a copy of the application
but has not submitted any comments.
N.R. Department of Environment and Local Government has been advised of the application.
Department of Public Safety (Motor Vehicle Inspection Program) has been forwarded a copy
of the application but has not submitted any comments.
ANAL YSIS:
Subject Property and Neighbourhood
The subject property is situated on Hayes Avenue, a short dead-end street off of Gault Road in
West Saint John. The property contains a dwelling near the road and a garage in the rear yard.
The garage is accessed by a straight gravel driveway approximately 37 metres (120 feet) in
length. The property is partially screened from adjacent properties by mature vegetation. The area
immediately surrounding the site is comprised primarily of single-family dwellings developed in
a suburban setting.
Existing Business and Necessary Approvals
The property owner is requesting permission to operate an automobile repair garage. According
to the applicant, he has been operating the repair garage for approximately nine (9) years. The
hours of operation are normally from 8:00 a.m. until 5 :00 p.m. Mondays to Fridays and 8:00 a,m.
until noon on Saturdays. There are usually 2-3 vehicles involved in the business at anyone time.
General mechanical work is undertaken on cars although no body work or painting is performed.
A site visit revealed that the property was well-maintained and no material or parts were stored
outside of the garage.
In addi tion to the repair garage, the applicant purchases vehicles from car auctions, repairs them,
and places them for sale. Typically the vehicles are sold from other locations, although
periodically a single vehicle for sale will be situated on the subject site.
The landowner is requesting to rezone the subject property from "RS-2" One and Two Family
Suburban Residential to "B-2" General Business in order to obtain a motor vehicle inspection
license and to continue legally operating the repair garage from the existing garage in the
backyard and to sell the occasional vehicle from his property. He and his family would continue
to reside in the dwelling. The applicant indicated that he has no desire to operate a commercial
auto body shop or perform automobile painting and no signs would be erected to advertise the
business.
Wayne McGaughey
85 Hayes Avenue
Page 4
May 11,2006
Municipal Plan and Rezoning Consideration
The general area is designated by the Municipal Development Plan as Low Density Residential.
The Plan envisions such areas in the community as being appropriate for the development of one
and two-family dwellings with municipal water and sewer services 1.
The Plan also recognizes that certain non-residential uses are appropriate for such areas. These
land uses are seen as necessary to primarily serve the needs of the local resident population, or
are compatible with residential uses. Such land uses include: elementary schools, daycare centres,
parks, churches, and neighbourhood commercial facilities such as small convenience stores.
Furthermore, the Plan encourages the exclusion from residential areas those uses that are not
compatible with these neighbourhoods with respect to the following:
. Generation of traffic that is excessive in volume and not local in nature;
· The production of smoke, dust, fumes or noise;
· The creation of hazardous or dangerous conditions by virtue of the operation, material or
equipment used.
An automotive repair garage, with or without incidental vehicle sales, is not envisioned by the
Plan as being a compatible use in residential neighbourhoods. Indeed, the City has had to deal
with a number of illegal/non-conforming automotive repair and auto body shop operations in
residential neighbourhoods over the years. The traffic, outdoor vehicle storage, contamination
from automotive oils and various chemicals, as well as the noise, dust and fumes associated with
such uses can adversely affect the character of residential neighbourhoods.
It is recognized that many of these issues are not present in excessive amounts in this instance.
The repair garage appears to have a low volume of customers at any given timel some of which
the applicant states aree residents of the surrounding neighbourhood. No material is stored
outside and the business does not include auto body repair work. Consequently, certain nuisance
factors (i.e., smoke, dust and fumes) should not be minimal, although noise may still be an issue.
In additionl the garage has a residential appearance and appears to conform to the residential
accessory building standards. To the rear of the site is a vacant, forested property, and the repair
garage is somewhat screened from adjacent properties by mature vegetation. There is also no
business signage associated with the repair garage.
] Hayes A venue is currently serviced by the municipal water system, however sewer services stop approximately 480
metres (1,575 feet) south of the intersection of Gault Road and Hayes Avenue.
Wayne McGaughey
85 Hayes Avenue
Page 5
May 11,2006
While it is understood that the current scale of the business is limited, there always remains the
concern in the future that this business, perhaps under new ownership, will not operate in the
same manner. While conditions can be imposed by the City, such conditions often fail to truly
regulate the nature of the business by new operators who are less sensitive to the residential
neighbourhood.
There is also concern that this isolated commercial zoning will attract future interest for other
businesses permitted in the "B-2" General Business zone. Again, while conditions can be
imposed to limit the use of the property to this specific business, it is not unusual that other more
intensive business proposals are permitted due to the pre-existing commercial zoning.
CONCLUSION:
There have been a number of similar rezoning applications in the past for repair garages in
residential areas not supported by staff for the reasons mentioned in this report. Approval for this
automotive repair garage and car sales lot cannot be recommended.
PF
Project No. 07-] 30
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
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Subject Site/site en question:
-
PID(s)/NIP(s}:
00408666
Location: 85, avo Hayes Avenue
Date: April/ avril 3D, 2007
Scale/echelle: Not to scale/Pas a I'echelle
..,5
86
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tI)
~
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::,.- 95
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'\05
May 14.2007
To: Planning Advisory Committee
Re: Rezoning for 85 Hayes Ave
I, Ronnie Arsenault, regret that I cannot attend the planning advisory committee meeting
for Wayne McGaughey of85 Hayes Ave. Do to business I am in Truro, NS.
My property 75 Hayes Ave is adjacent to the garage in question. I have no problem with
the rezoning of the property at 85 Hayes Ave.
If any question please call 645~ 1723.
RE: Rezooiol!: 85 Hans Avenue
~.
Planning Advisory Committee
City of Saint John
P. O. Box 1971
Saint John NB
E2l 4L1
We as property owners at 104 Haves Avenue do not agree with the rezoning of the above mentioned
property.. We moved into our house approximately 5 years ago, we were very surprised to see a "business"
operating on a residential street. But assumed he had the proper authorization to do so. We personally do
not know the people who live at 85 Hayes Avenue.
A couple of weeks ago Mr. McGaughey came to our door with a petition, my husband spoke with him, and
he was told that, "he needed neighbours signatures" so he could do motor vehicle inspections, my husband
signed the petition, but later speaking with various neighbours it appears that, is not the only thing he will
be doing from this site. He always has an old vehicle in front of the property with a For Sale sign on, and it
is feared that he will turn the property into a used car lot amongst other things. We feel he totally
misrepresented what the purpose of the petition was intended.
We have since signed a petition "al!ainst" any rezoning of this property.
I have never thought that a garage should be located on such a quiet residential street - we are always
seeing tow trucks bringing vehicles on to his property. Not to mention the noise coming from his garage.
If the property is rezoned, the amount of traffic on our quiet dead end street will increase.
We oppose any changes for zoning on 85 Hayes Ave, we feel this will lower our property value, and turn
our street into a commercial zone. We feel rezoning his property will have a negative impact on our street-
~c!L&
J\J\.~.- ~ \ <~
Richard Childs & Heather Harriman.Childs
to.
Item 6:
85 Hayes Avenue
The attached letters were submitted by the applicant May 14.
He wrote them in response to the letters submitted in
opposition to his application. Yau received those letters in your
kit on Friday.
/
-# j
May 13, 2007
. c..&DE
if RECEIV!D
':&4 MAY 14 2007 .,
\~)~
To Your It May Concern
Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue
To address the whole proposal of what we want is to be able to do motor vehicle
inspections. The garage has been here for about 8 years. We have had no complains
about it, many of the neighbors have had their vehicle repaired here in the past and a lot
has asked about the inspections which at present we cannot do. So we applied to the
provincial department last year to see what we had to do, we were informed that we were
to get a letter from the city. We have questioned our tax bill as we seem to pay the same
as a zoned garage in the city. At this time, we asked the city for a letter and it was
suggested that we find out the input of the neighbors if they would mind. The neighbors
we were able to talk to signed in favor so we went ahead. If there were concerns why
weren't they asked then or before we applied to the city.
What we want is to be to able to do motor vehicle inspections. The proposal we want to
city to consider is for a light commercial for a limit of 10 years or until we retire or sell
the property. Again, we do not want to sell the property as a business as we would have
the concern that it would not be kept in the condition that we have tried to keep. Other
conditions and limits may be requested: as to no signs to be placed or any cars on the
street and NO junked cars or parts. This is our resident too and we want to keep it as SQ.
The service we want to give is a change for seniors, and people that need to have a
vehicle and may not be able to afford the prices at the dealerships, so they can drive safe
well maintain vehicles. We have one person who has to go to the hospital 3 times a week
for treatments and could not do so if we did not maintain her car. We have many other
people who are seniors and the odd tourist who have problems with their car. One tow
company knows that we have in the past taken these people in and arranged for a hotel
and given them a meal if needed. This means a lot if you are out of town and having car
trouble. I would hope this would do a lot for the city's tourism industry. We have done
this for one person who still e~mails us once in awhile.
We know the neighbors has come concerns but we hope we have addressed them all
individually. If not please talk to us.
I, Wayne, am now 55 years old with no other trade but driving highway tractor and doing
mechanic work. I cannot go out to work and suppose our home. My wife has had many
illnesses and is not longer able to work outside the home do to stress. I am just asking for
the residents, council and the city of Saint John to give us a fare change to suppose our
home and have reasonable happy life style as we want for all of us.
Wayne McGaughey
85 Hayes Avenue
cc. Patrick Foran, Planning Officer
Megan Sherwood
10 Hayes Ave
Saint John, NB
May 13,2007
Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue
How can the repair garage affect your home when we were here long before you
purchased your home as our daughter owned 10 Hayes Ave at the time that we moved to
85 Hayes Ave and built the garage. She had no problem with selling 10 Hayes because
of the garage. You purchased the property with the garage being here.
How can we be responsible for people turning in your driveway when 85 Hayes is a least
1500 feet or more away and around the corner. There is no weekend hours proposed and
there is no problem with traffic now.
Have run a garage for 28 years with no chemical spills or fues. Rathburn Enterprise
takes all chemicals and oils. The cars have been and will be parked in the driveway or
behind the garage. There is and will not be any part or scrap cars at this property. This
cannot increase traffic as this is a one car garage and also only one person working. It is
impossible to look at more than 2 or 3 cars a day at the very most.
How can it decrease the value of property because when we purchased 85, we did so for
in the 40's and three ago we had it appraised at 120,000 - 150,000.
Wayne McGaughey
85 Hayes Avenue
cc. Patrick Foran. Planning Officer
May 13,2007
~'-jD~
f~RE.CE!V!IJ ~
'" MAY 14 zc:r
~ ~
"'..()F SAn-1Y-
~..-.
Madonna Hatty and Andre J Crispin
11 Hayes Ave
Saint John, NB
Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue
Letter of notification was not our responsible. No sidewalks or the conditions of
pavement again is not our responsible and has nothing to do with the garage.
Tow trucks are not here on a regular basis. They may have went elsewhere on the street.
The only company we get is James Towing and since Christmas they have been here
about 3 times. Once to pick up a car
Once for Jamie James van
And once on Sunday for a car from the States
Wayne McGaughey
85 Hayes A venue
ce. Patrick Fo~ Planning Officer
May 13,2007
~ eiDE~~
f~ "
~:.
, RECEM!D ~\
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!,;t.4 MA~ 1 4 2C~i ~
~ ~
OFSA~ ~
Barbara McMullin
18 Hayes Ave
Saint John, NB
Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue
How can you oppose when you are running a business and often times vehicle are
parking in a blind spot on.the hill.
Wayne McGaughey
85 Hayes Avenue
cc. Patrick Foran, Planning Officer
Eric & Edna Doucet
19 Hayes Avenue
Saint JOM, NB
~SLDEf~'",
. RECel\l!D 0,\
'-"~~
May 13, 2007
Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue
We have been here eight years with no complains about heavy traffic until now. Other
subdivisions do have business operating with more traffic. There is already one business
on this street with a lot of vehicles.
Wayne McGaughey
85 Hayes Avenue
cc. Patrick Foran, Planning Officer
Glenna Boddington
86 Hayes Ave
Saint John. NB
, S1. DE~
~
f RECEM!D
~ ~,\'" 14 Lac'
~ ~
Q'SA~/
~_...
May 13, 2007
Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue
In regarding to your answer, the garage has been here since 1999 when a building permit
was got for it.
As far as, your children I think it gives them a better in sight on life if they see people
working for what they get, supposing themselves and helping other people. Then to see a
home run down and people doing nothing to help themselves which are on income
assistance out of not fault of theirs. I know many people need income assistance, food
banks and other charities. Edna at present is a volunteer at the food bank, also we are
involved with a local church and other charities. I want my children and grand children
to understand that people have to work to get what they want.
Sometimes thing just happen the wrong way, not that 2 wrongs make a right.
Wayne McGaughey
85 Hayes Avenue
ce. Patrick Foran, Planning Officer
May 13,2007
Ken Golding
86 Hayes Ave
Saint John. NB
Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue
Again why would the property value go down as the value on our property has went from
the 40's to 120,000-150,000 plus. As of investing money into your home most people do
invest a lot of money in their homes. The garage was build with all permits from the city
and at the time of construction we had a highway tractor and also worked at a garage on
Rothesay Ave that went bankrupt at my age what would you do, lose your home that you
have invested a lot of work and money into or do what you can to save it. Would the
valve of your home be more it you had someone on income assistance living across the
street that do to their finance could not keep the repairs done on their home.
The reason for running a low key was not to upset the neighborhood but was the type of
business it became and I want to live on a quiet street too. Everyone in the neighborhood
known the garage was here if there was a problem why was it not addressed before. You
cannot get deliveries before 8 am or after 4:30pm as there are no suppliers open other
than these hours. Tow truck yes we know you had a complain but it was addressed at
that time. There are very few tow trucks here and we have requested that they do not
come here other than day time. If they are here at anytime after 5 it is because ofa
family member. Tow trucks do not use your driveway. Additional traffic from
customers dropping off cars would be a couple a day if that, many days there are not a
car in or out of this address. There are no additional workers only a friend that drops in
to chat and once in a while give a hand ifneeded. Noise from tools there is no more
noise from this then someone doing their lawn, carpenter which everyone does. The cars
that are parked in our yard are personal vehicle and tell me what is unsightly about a
2002 Caravan, 2001 Dodge 4x4, a motor home and an antique car.
Our proposal to the city is not to expand the business or to place any signs. The proposal
was for a letter so we can do motor vehicle inspections to lessen the running and. We are
only trying to support our home the same as anyone else. We are not all professional
people unfortunately. We have also asked the city to make a condition to limit it to 10
years or until the property would be sold which ever carne first.
Your complain about the dog has nothing to do with the garage, but now that I know it
will be corrected. We cannot tie Buddy as he would be very upset as he has been beaten
and he takes epilepsy seizures. When we were teaching him to stay in the yardt we had
neighbors calling him and feeding him. What were we to do. He is a very loving and
friendly dog now we want to keep him like this.
Sorry we don't live in Cedar Point or Monte Cristo and neither do you.
The proof that the city would be better is because we are paying a great deal of money in
taxes in income, property and HST. We support a local church, charities and also the food
bank. We support many suppliers in the west side and also give fare valve for what it
cost them. Many seniors, single mothers and disable people having a limited income
cannot afford a new car every few years and need to drive do to location as there are not
buses in same locations and could not afford a taxi to go to hospital, work, doctor
appointments and to do other necessity.
Wayne McGaughey
85 Hayes Avenue
cc. Patrick Foran, Planning Officer
May 13, 2007
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May May
95 Hayes A venue
Saint John, NB
Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes A venue
At the time of garage construction the city did approve it. At that time we operated a
highway tractor and worked at a garage on Rothesay A venue that went bankrupt while
working there.
As far as, your wedding photos, wasn't this a business too. Also at 95 Hayes you operated
a plant hot house which prevent us from enjoying our own backyard. The traffic and cars
parked on the street on Saturdays was unbearable. If you want to remember the reason
you stopped the wedding photos was because Mr. Richard May was very ill in hospital
and could not longer look after the property to the extent that your operation entailed.
Fare more if you are so against the garage why did Mr. May have his truck repaired and
got myselfto have it inspected when it was being sold. I do have the invoice showing this
and also the provincial department transport has record of this.
Wayne McGaughey
85 Hayes A venue
ce. Patrick Foran, Planning Officer
May 13.2007
Hope and Reg Harris
96 Hayes A venue
Saint John. NB
Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes A venue
You are very right, all we want is a permit to do motor vehicle inspections. When we
started this, we thought all we needed was a letter from the city which we felt was no
problem as we are being taxed as non-residential on part of our property.
We do not want to ever sell it as a business because we would like to keep the street the
way it is now. We do not intend to change our operation from what it has been.
I also like the quietness of the street and had we known that this would have caused any
problems. We would not have gone ahead with this. We do very much understand your
feeling and concerns and do have the same feeling.
Wayne McGaughey
85 Hayes Avenue
ce. Patrick Foran, Planning Officer
Connie Grant
105 Hayes A venue
Saint John, NB
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May 13, 2007
Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue
If you are against the garage, why did your son and daughterwinwlaw have their vehicle
repaired and got us to take them for inspection? You many times wrote the cheques to
pay for the repairs out of convenience. When the garage was built there was a building
permit from the city.
I don't think your property has decreased because of the garage because the value on this
property has went from in the 40's nine years ago to 100,000-150,000 three years ago. To
ensure your concern is not true we are in the process of having the property value looked
at again.
Wayne McGaughey
85 Hayes Avenue
cc. Patrick Foran, Planning Officer
Gerald and Brenda Brennan
114 Hayes Avenue
Saint John, NB
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May 13, 2007
Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue
I very much agree with you about wanting to live in a quiet setting with do have four
grand children that visit very often. We also like the fact that we can take a relaxing
stroll do'Ml the street on a sunny afternoon. Our garage has been here for about 8 years
now and do not want to increase traffic. We also have had no environmental, pollution or
safety problems until now. As far as, the septic systems I don't see any problems as the
garage has been for about 8 years. Most come and leave in a very short time. A lot of
the time, we go pick-up the vehicle and bring it to be repaired.
Wayne McGaughey
85 Hayes Avenue
ce. Patrick Foran, Plannin;g Officer
March 31, 2001
To who it may concem:
ltbe undersigned W oyne McGouglley would like to do motor vehicle inspections in the
repair garage at 85 Hayes Ave., Saint John. NB.
The following thai_I this proposal do so by signing with their address:
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May 8, 2007
Dear Planning Advisory Committee:
I oppose the Rezoning and Conditional Application for 85 Hayes Ave or any
address on Hayes Ave. This is a residential Street and does not need to be
changed. This street consists mostly of senior citizens and people who have
lived here in most cases for at least 30 years and many people are even more
than that. I have lived here for 40 years along with a handful of others;
therefore I believe we should have a right to oppose having a garage on our
street.
The heavy traffic (tow trucks on a regular basis) that we now receive on our
street due to a garage is not acceptable. If this is rezoned this will open any
possible new owners of 85 Hayes or any address to put other businesses on
our street. This street has no sidewalks, is seldom paved and is in dire need
of repair. With more traffic it will just cause more deterioration and noise.
Also I object to the fact that I did oot receive a letter ofootification as other
neighbors did. Why was this not mailed to all property owners on the street
as it does affect all owners not just the property owners beside or across the
85 Hayes Ave?
Regards,
11 Hayes Ave
Saint John, NB E2M 5K2
Madonna Hatty
Andre J. Crispin
May 9,2007
Planning Advisory Committee
City of Saint John
P.O. Box 1971
Saint John, N.B.
E2L 4LI
To Whom It May Concern:
As a resident of 19 Hayes Avenue. I wish to strongly oppose the rezoning and conditional
application for 85 Hayes Avenue.
I have been a resident of Hayes Avenue since 1986 and feel that I pay the same taxes as
other residents within Saint John who do not have any business opemting with their
subdivisions. therefore '-\ny should it be allowed v..'ithin ours.
We (Edna & Eric Doucet) do not agree to any business zoning in our subdivision and
wish to make this known. We both feel that the rezoning of8S Hayes Avenue will only
serve to allow heavier traffic and allow other business to operate that do not belong in our
residential area.
Sincerely,
Eric & Edna Doucet . P
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City pf Saint John
PO BOX 1971
Saint John, NB
E2L 4LI
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Planning Advisory Committee:
This letter is to address the Rezoning and Conditional
Use Application, Repair Garage - 85 Hayes Avenue. We are writing this letter to express
our opposition to the proposed rezoning. We purchased our borne to be in 8 quiet
residential ~ which is on a very narrow and dead end avenue. The value and sale
ability of our home would be drastically and negatively affected with a commercial repair
facility just around the corner. We have also remarked that non residents are using our
drive way as a turn around quite frequently, and the increased traffic with this proposal
from clients and parts & supplies deliveries, would impact the quiet and almost country
like feel of the neighbourhood. With the narrow road and the sharp, partially blind comer
it would also create an increase in accident risk, as well as make the walk to and from the
school bus and transit bus stop dangerous for the school children and adult residents
alike. The proposed weekend hours, especially Saturdays. is not what we expect as
residents of a small neighbourhood. The potential risks of chemical spills or increased
risk of fire are something that is a concern for everyone's personal safety and long term
well being, cars in need of repair would also need to be parked somewhere, and where
would these be parked? In front of the other residents' homes would not be what we want
for our property or an i.mage of this neighbomhood. The potential to have cars left of the
premises for long spans of time including the potential for parts cars and scrap would also
detract from the entire ne.gbbourhoods' property values. In addition this rezoning would
also allow the proprietor of the aforementioned business to run a provincial inspection
station which without question would cause the drastic increase in traffic discussed
above. We feel that repair garages are businesses that are best suited to industrial and
commercial areas previously zoned commercial not in the rezoning of single properties in
small residential neighbourboods.
Sincerely,
Megan Sherwood
. u:~
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__ ____ ~ May 10th, 2007
May 10th, 2007
6.
Planning Advisory Committee,
City of Saint John,
P. O. Box 1971,
Saint John, N. B.
E2L 4V1
May 9, 2007
To: Piann;n, Advisory Comm;tte~. Mr. Foran. M6vor and Council:
Re: RezOl1in~ and Cond;tiOlKJI Us~ Aoplication. Rer>oir Garaqe. 85 Hayes Avenue
Please be advised that as a resident at 95 Hayes Avenue, I am a\Zainst the rezoning being changed from
present RS-2 to B.2.
I bought my home in 1969, and I expected it to remain as a residential area. I complained when the garage
was built next door, and was told that the City had it aU looked after. The size of the garage would have
indicated to anyone, that 1t was meant for a business. If it had been a request for re-zoning at that time, I
would as welt have said "no>>. Unless I am under some kind of illusion, this business started (in a residential
area), with no request for a change in rezoning at that time. I assume there is nothing that can be done
about the size of the structure that now exists.
We used to have weddings come to our back yard for photos, but not anymore, with a two story garage
unfinished as a back drop.
I have no personal agenda or issues with Wayne and Edna, as good neighbours, and my desire not to have
this area rezoned, is with no malice to them.
I am not pleased the way this was band led in the past, so please be advised I wish no zone changes.
,~~J:(~
Mary May,
95 Hayes Avenue,
Saint John, N. B.
E2M 51<2
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Lubrico Warranty
"sed Car Appraisals
Financing Available
85 Hayes Ave., Saint John, NB
506-635-0889
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. RE:85HAYES ArE\UE
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bUe N~tict is he~bfglven thRt the Common
uncil of The City of Saint John intends to
nsideramending The City of Saint John
iZoning By-law at its regular meeting to be held
Jin the Council Chamber on Tuesday, Ma)' 22,
12007 at 7:00 p.m., by:
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MAY 11 2001 ...;;
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r Rezoning a parcel of Jandlocatea at 85 Hayes
: Avenue, having an area of approXimately"2100
; square metres, also identified as~PID
i No. 00408666,Jrom "RS-2" One and Two
FamDy Soborban Residential to."'.B-2" .General
B~.
REASON FOR CHANGE:
To permit an automotive repair prage v.>ith a
residence.
The proposed aniend.ment may be inspected
by any interested person it the office of the
Common Clerk, or in the office of Planning
and Development, CityHall, 15 Market
Square, SaintJohn, N.B.between the hours
of 8:30 A.m. arid 4:30 p.rn;; Monday through
:Friday? incJ~Ye, h~~~rs excepted.
Written objections to the amendment may be
sent_~o!.b:~~m~~-t9ity Hall. .
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PETITION TO OPPOSE
RE-zpNING OF 85 HA YES AVENUE
TO BUSINESS ZONE
05/01/2007
The purpose of this petition is to make known to the Office of Planning
& Development, City ~all, 15 Market Square, Saint John, N.B. that we,
the residents of Hayes Avenue, Saint John, N.B. oppose the re~zonjD2 of
8S Haves Avenue.
Weare aware tbat to have this residence re~zoned that it would increase
the traffic of our quiet:street and residence. Also, should we bave
business zoning in our area it would also serve to decrease the value of
our homes for future resale. Another negative aspect of having a
business district on our street is that any future business could expand
or change to any otheri type of business witbout any say whatsoever
from any of the surrounding residents.
It is also important to l10tt that a previolls petition was circulated on
our street without proper explanation of bow business re-zoning would
affect our neighbourhood.
As residents of Hayes A venue it is our right to oppose this re-zoning and
by signing this petition we will make our opinion known.
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Thank you for your tl$e and concern for our neighbourbood.
3.
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Thank you for your time and concern for our neigbbourhood.
Page 1 of 1
,.
Lockhart, Lynda
From: Golding, Kenneth [KertGolding@bell.ca]
Sent: May 2, 20079:56 AM
To: External - Planning
Subject: Rezoning of 85 Hayes Avenue
I am writing in regards to the proplPsed rezoning of 85 Hayes Avenue from residential to business,
I live at 86 Hayes Avenue and have not received any notice of this application though it is mentioned in the April
23fd Common Council agenda and apparently has been in the newspaper. As far as I know, none of the other
residence on the street has received their notice either.
Can you email me an electronic copy of the notice, plus ensure that all households on the street get their notices
delivered in the mail.
Also, please tell me how I should $ubmit my opposition to this rezoning application, when the Planning Advisory
Committee meets, when the report will be available for public viewing, and when Common council will discuss this
application,
Thank you
Ken Golding - Bell Canada
Teclmology Development (Voice & Applications)
506-694-2414 '
cell 506-647-6454
ken,golding@bell.ca
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02/05/2007
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The Planning Advisory Committee
City of Saint John
P,O. Box 1971
Saint John, N.B. \
E2L4LI \~
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I am writing in opposition to the re.zoning application of 85 Haye .,
Residential to Business. 85 Hayes A venue should not be re-zoned to
~~Di~ ~.
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Seventeen years ago, I.bought my house at 86 Hayes Aven:Je precisely because it was on
a quiet, residential strek Since that time, I have invested tens ofthousands of dollars
into my property. The value of my property, and all others on the street, wi1l decrease if
this zoning applicationi goes through. But what is more important. our quality of life will
decrease.
Mr. Wayne McGaugh~y is a friendly neighbor. but a zoning application is not based on
these things.
Mr. McGaughey knew: that 85 Hayes Avenue was zoned residential (not business) when
he purchased the prop~I1y several years ago. But that did not stop him from immediately
building a garage so that he could start his car repair business. Since that time he has had
to run his business in ~ relatively low key fashion so as not to upset his neighbors who
could have complaine~ to the city (since he was operating outside of the zoning rules).
But still we have expetienced:
Tow trucks debvering cars. including deliveries outside of his stated 8am to 5pm
business hours
Tow trucks dri~'ing into my dri\'eway so that they can back into his (our
driveways nea~ly line up)
Additional traffic from customers dropping off cars. customers looking to buy
cars. workers dr helpers coming and going. delivery trucks bringing parts. etc.
Noise from pn~umatic tools and banging metaL etc. especially when the doors to
the garage are left open
Multiple vehic~es parked throughout his property. which is unsightly in a
residential nei~hborhood.
If the property is rezomed to business. he will be able to expand his business. which I
assume is the reason ~'hy he is applying for the rezoning now. He will no longer have to
limit his business acti~..ities in order to appease his neighbors. He will be able to put a
business sign on his property. hire workers. bring in more vehicles 10 work on. leave
more vehicles on his property. set out more cars for sale. etc. This will also result in
more traffic on our st~et. including more tow trucks.
In addition, there is nO guarantee that he will not sell the property to someone else who
could set up any type bfbusiness they want. If the city is willing to change a residential
property on a residential street to business (which is a huge change). I am positive that
the city would not give lone iota of concern about neighbors' views if someone later
applied to modify somd of the restrictions applied to his business rezoning.
If Mr. McGaughey had applied for rezoning nine years ago prior to starting his business,
and neighbors had voiced their opposition, would the city have approved his rezoning
application? I would h~pe not and I assume not. Then why would you approve it now
after he ignored the rules for nine years?
Would the city approve an auto-repair business in Cedar Point subdivision, or Monte
Cristo?
Being an old city, Saim John has very few areas which are zoned exclusively residential.
There are industries and businesses throughout the city. One of the things that attracts
many people to the suburbs is the fact that they have large residential areas. Saint John
should not allow busin~sses and industries to move into the few residential areas in the
city.
Why would the city send a message to other citizens that they can ignore zoning bylaws,
and ifthey get caught. the city will change the zoning so that they are no longer in
conflict?
Based on the fact that * knov.'ingly ran a business in a residential zone for nine years (as
well as the fact that he tontinuously ignores the bylaw on keeping his dogs from roaming
the streets unleashed). 1 would ask ifhe would follow all of the conditions that the city
would apply if the city '\....ere to pennit this rezoning.
The 'burden of proof Ilies with Mr. Mt:Gaughey to prove that the city. and this
neighborhood. would ~e better off if this rezoning application is approved. The
neighbors do not have ~o pro\'e that it would be worse. It is Mr. McGaughey who is
looking to change the sJtatus quo. Silence by any neighbor should not be construed as
approval of the re-zonipg application. Many people could feel uneasy with submitting
comments that they knbw will be read by their neighbor (Mr. McGaughey).
Mr. McGaughey is reswonsible for his actions - not his neighbors and not the city. Mr.
McGaughey chose to s~t up a business in a residential zone. He later chose to apply for a
re-zoning so that he co~ld expand his business. Any consequences of his decisions are
his responsibility. i
The solution is simple.! Turn down this re-zoning request.
.--J / 4. /..... .........
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Ken~g ~---------
86 Hayes Avenue
Saint John, N.B.
E2M 5K3
b.
May 6, 2007
Dear Planning Advisory qommittee and Common Council,
It is with great dismay that I find myself writing to you today after receiving notice in the mail of the
Rezoning and Conditiona~ Use Application, Repair Garage - 85 Hayes Avenue by Wayne
McGaughey.
In the application it is stat~ that the owner indicated that he has been in business about 9 years
at his location, but r would say that figure is too high as it would mean my son was not yet bom (he
is 8). The birth of a child IS a very significant event in ones lite and I'm pretty sure the business
was not around at that time.
The property in question iJs located directly across the street from my residence and based on this .
application has obviouslyjbeen running a business outside of the zoning laws of this city as we are
currently classed residen~al (RS-2). My question to the committee and council is that how are
individuals allowed to oMrate outside the laws and why are they usually rewarded with a rubber
stamp of approval after e~tablishing themselves in residential areas by being re.zoned? We have
seen it far too often in thi, city and I am wondering when the Planning Advisory Committee and
Council are going to takeia stand and protect those in residential areas who operate within the
zoning laws and by-laws pf this city from those who don't. Again, 1 am basing these comments on
the contents of the applic$tion. By allowing this rezoning change you would in fact be rewarding
an individual for working ~utside the very zoning laws and by-laws of this city that you expect
everyone else to follow. Two wrongs don't make a right. What would ttle Planning Advisory
Committee and Council like for me to explain to my children on how the city operates and how
would you want them to ~bide by the by-laws as they grow up? Do you want me to tell them to
adhere to them? If you db, then you must do the same. It is you who set the tone and example
for others to follow. This iapplication should be denied on principle alone.
ThiS application is in factiyears (9?) late and now the intent of this rezamng bid appears to be in
I
order to expand current 9perations. Operations that are and have been outside of the zoning taws
of this city. To what extef1t? There are no details provided in this application and the fact that the
current operator obviOUSI~ (again, based on this application) didn't abide by the city's zoning laws
in the first place what ma~es you think he will now (i.e. conditional use).
The ball is now in your cqurt but the vote IS In mine.
I trust you will make the qorrect decision and respect those individuals who work within the laws,
zoning laws and by-laws pf this city. Residential means residential. There are established areas
within the city for individulals to run their businesses. It is those areas that are capable of handling
the traffic, the noise and the disposal of hazardous materials
Than k you,
~ &-tllW~~l
Glenna Boddington : 0
86 Hayes Ave
Saint John, N8
E2M 5K3
672-5242
~I>E~
J
~ f'lIJ! ....,,'" l1li\
.; "...",. _~"'r..u
f
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i:. ' r 8 ZrJJ1
To: Plannin'l Advisory Committre. Mr. Foran. Mayor and Council:
~liD~'
f RECEMIJ~
" ~\
j ~
'~ MA'i 9 2007 "'i
I I
\~ ~
..,,-~~~;
May 9, 2007
Plannlng Advisory Committee,
City of Saint John,
P. O. Box 1971,
Satnt John, N. B.
E2L 4V1
Re: Rezoninq and Conditional ~se Application. Repair Garaqe. 85 Haves Avenue
Recently we received a letter dat~d May 3, 2007, from Mr. Patrick Foran, Planntng Officer.
My family and I at 114 Hayes Ave'lue, and I would like to express my concerns hereby with reference to the
rezoning this area to 6.2 General ~usiness, from the present RS-2 zoning.
We chose this area to live primarily because of the quiet residential country setting, and we complied with
all the standards of what the Cit~ requlred of us in making this our home. We certainly wish to express our
feelings that this not be rezoned ifor a General Business area. There are a variety of concerns as to why I
would wish this area not to be rezoned, in addition to the fact stated above, that we chose this area for our
home because of the stipulations that thls was a residential area, and no businesses allowed. Once the
door is opened to one General B~iness operation if this were rezoned to a B-2 General Business area, what
would prohibit more businesses from springing up? We are so conscious of our environmental issues on a
daily basis, and' am concerned this may create a negative impact on our environment. We all have septic
systems here, and even with just tamily use, we constantly Keep control that our systems are operating as
they should. Another issue, is the devaluation of our homes with a business in the area with a business on
the street, as well as more traffic, more pollution and this becomes a safety issue.
My family was not notified when this garage was being built as to what our feelings were when this
construction was done. We shoul~ have received a notification such as this letter received from Mr. Foran.
This has no reflection on Wayne al)ld Edna who live at 85 Hayes Avenue, on a personal basis. I just feel I am
justified in my desires not to have' this Street retoned for B-2 General Business. and I am sure they would
understand that and that we would have concerns a5 to the negative impact this could have on our
residential street.
I appreciate your consideration. If you would like any further comments, you could feel free to call me.
May 9, 2007
'. MA Y ~ Z,07 1,
~ ~j
QJi'SA~ \~
Planning Advisory Committee,
City of Saint John.
P. O. Box 1971,
Saint John, N. B.
E2L 4Vl
To: Planninll Advisorr Committee. Mr. Foran. Mavor and Council:
Re: Rezonint! and! Conditional Use Application. Repair Garasze. 85
Hayes Avenue ;
This is in reference to the letter dated May 3, 2007, signed by Mr. Patrick Foran.
I live at 105 Hayes A.....enue, and do wish to express my views in this letter concerning the
rezoning this area to B-2 General Business. from the present RS-1 zoning.
When I built here in 19p8. it was very plainly expressed to me this was only a one family
residential street and th~ City were very strict in their rulings of this. This privacy and
quiet area was what ap~ealed to me in building this residence here. My desire is that this
not be rezoned for a G~neral Business area. I am concerned this wilt have a negatl\'e
impact on the value of ~lUr h0mes in this an~a.. and generate more traffic and noise and
could potentially be an lenvironmental risk. Furthermore, this particular business is one
thing, but what would prohibit it from growing to many more businesses on this Street?
I question why we did ~ot re~eive a lener such as this one when th~ garage was er~cted
many years ago. The I)eighbourhood. or at least I speak for myself. was not notified at
that time of the garage ~cing bui It. I am unsure as to hmv this all came to fruition.
I personally do not want this to reflect on Wayne and Edna as good nejghb~)urs. and hJ\c
no wish 10 impact their,quality of living. but I do feel this should not he rezoned to a B-2
General Business. ,\'hich could allow a negati\"e impact on our qUiet residential area and
could promote further business ventures by others.
Thank you for your C01siJ~ion,
S' rely,
'/
L- Connie Grant.
105 Hayes A venue.
Saint John, N. B.
E2M 5K2
REPORT TO COMMON COUNCIL
M & C 2007 - 188
June 14th, 2007
The City of Saini John
His Worship Mayor Norm McFarlane
And Members of Common Council
Your Worship and Members of Council,
SUBJECT: TOWN HALL MEETING - DISABILITY AWARENESS
PURPOSE OF REpORT
The purpose of this report is to review with Council the town hall meeting on disability
awareness, sponsored by the Saint John Ability Advisory Committee and facilitated by
Jeff Sparks, that was held on May 30th at the Loch Lomond Villa Auditorium.
BACKGROUND
Disability Awareness Week was celebrated this year from May 2ih to June 2nd, with the
theme "Disability Awareness - Education for All". In recognizing this occasion, Gordon
L. Porter, chair of the New Bmnswick Human Rights Commission, pointed out the
progress made in improving educational opportunities for students with a disability and
saluted the hard work of teachers and educational leaders. He asked that we commit to
doing even better, emphasizing that access is an important human rights issue.
Mr. Porter emphasized that the educational benefits of inclusion are well established; in
most cases, legally required by the Education Act and by human rights case law. One of
the outcomes of inclusion involves helping to meet the social needs of students with
disabilities. However, this can only be fully realized when the students feel accepted and
valued, and not harassed or bullied. All students are legally entitled (Human Rights Act)
to be free from harassment and bullying.
One of the central themes in human rights today is the duty to accommodate; that is, the
duty to avoid the discriminatory effect of policies, practices, facilities and equipment.
This duty comes into play in many ways for students with a disability, from the need for
wheelchair ramps, to teacher's assistants, to flexibility when applying attendance and
discipline policies. 1
1 From Statement of Human Rights Commission / Disability Awareness Week, May 28, 2007
Town Hall Meeting - Disability Awareness
Report to Common Council, M & C 2007 -188
Junel-lth, 2007
Saint John Abilitv Advisorv Committee
The Saint John Ability Advisory Committee provides direction, awareness and leadership
in making our community more inclusive. Its mission speaks to using diverse expertise;
to partnerships with people with disabilities, government, business and the public to
remove barriers - through information and advocacy on disability issues. The Committee
works for fair and equal access for all members of society - to participate in work,
community events, leisure services and entertainment venues.
The Committee advocates on behalf of: persons who are deaf and hard of hearing;
persons who are blind and visually impaired; people with learning disabilities; people
with intellectual disabilities; mental health consumers; and people with mobility
impairments. Its members have accomplished much, not the least of which is being
officially recognized as an advisory committee for Common Council of the City of Saint
John. Leadership has shown the way in heightening the profile of issues and building
strong relationships on behalf of a very spirited, significant part of the larger community.
The May 2007 gathering was the second such town hall meeting sponsored by the
Committee; the first having been held on May 30th, 2006. The issues in 2006 could be
summarized as follows:
~ Parking spaces reserved for handicapped citizens;
~ Visual fire alarms - City Hall and other public places;
~ Status of lead pipe removal in Saint John;
~ Street layouts, crosswalks, and sidewalk plowing;
~ Sidewalk conditions for wheelchair users;
~ Crosswalk signals for the blind;
~ Street accessibility for wheelchairs; and
~ Recreational facilities for people with disabilities.
Councillor McGuire and members of staff met with representatives of the Committee on
March 2ih to review those issues and think ahead to the upcoming town hall meeting.
ANALYSIS
This year's town hall meeting was well attended and the people there aliiculated concerns
clearly and with sincerity. The members of Council and staff who participated found the
dialogue constmctive and most useful. One member of staff described the meeting as
very enlightening as to the issues of importance to this community, and the various
constituent groups within it. Others spoke of the very positive public meeting, the valid
points raised and the focus on finding solutions, the value of the dialogue that took place,
and the importance of understanding the issues first hand as a key first step towards
making a real difference. Offer people with disabilities the same choices as you would
Page 2
Town Hall Meeting - Disability Awareness
Report to Common Council, M & C 2007 -188
Junel-lth, 2007
anyone else. Those with disabilities, visible and invisible, not only have the right to fully
participate in the larger Saint John community, they have much to contribute to its
richness and diversity.
Staff Presentations
Members of City staff made a series of short presentations, on the following topics:
Introduction
~ City of Saint John Works for You
Customer Services
~ Town Hall Meetings and Follow-Up
~ Call / Contact Us @ 658-4455
~ Prioritizing Requests for Service
Lead Pipe Removal in Saint John
~ Lead in Drinking Water
~ City of Saint J olm Program (1991-1998 / Ongoing)
Traffic Control and Engineering Standards
~ Accessible Pedestrian Systems (APS) Intersection Modifications for 2007
~ Traffic / Crosswalk Signals / Street Markings
~ Engineering Specifications: Ongoing Review
Safe Sidewalk Policy / Program
~ Program Goals
~ Sidewalk Management Standards / Field Inspections
Safe Sidewalk Inspections / Consultations
~ Consultations
~ Inspections Experiences
Rope Walk Road
~ Consultations / Findings
~ Infrastmcture Improvements - Short Term / 2008 /2009
Winter Sidewalk Service
~ Current Service / Realities / Opportunities
~ Action Plan Going Forward
Page 3
Town Hall Meeting - Disability Awareness
Report to Common Council, M & C 2007 -188
Junel-lth, 2007
Issues Hi2hli2hted
After the overviews offered in the presentations, there was a lively exchange on ideas,
concerns, priorities and, especially, issues that need attention. We will attempt to
summarize the points discussed or flowing from a very constmctive meeting. These could
involve a variety of municipal departments, as well as others, in following up. The
citizens involved simply want the same access to facilities and services that others in the
community enjoy. By meeting with them, as would be the case with any citizens group,
we come to better understand the issues that affect people's daily lives. This helps us to
refocus on our raison d'etre - service to the public, the reason why we are here.
# Issue Follow- U p
1 Rope Walk Road: lack of street lighting, narrowness of · Capital Improvements
street, high traffic and no sidewalk on lower portion (2008 project pre-
approved)
2a Davenport Avenue: winter sidewalk service, street lighting, · Snow Control Plan
curb cuts, bumps and dips in the sidewalk and street · Traffic Engineer
· Safe Sidewalk Program
2b Davenport Avenue: parking lot not plowed, hilly · Property Owner
3 Douglas Avenue / Main /i.,'treet: very high usage, bumps · Saint John Works
and dips in the sidewalk and street · Safe Sidewalk Program
4 TTY Telephone: to provide telephone access to Customer · Customer Services,
Services for people who are hearing impaired Municipal Operations
5 Accessible Pedestrian ..Systems (AP..S): to accommodate the · Traffic Engineer
pedestrian mobility needs of people who have vision loss; (implementation process
specifically, to make signal controlled intersections as underway)
accessible and safe as possible
6 Millidgeville: winter sidewalk service, especially along · Snow Control Plan
University Avenue and Millidge Avenue
7 East Shopping Area: traffic and snow clearance on Majors · Snow Control Plan
Brook Drive and McAllister Drive; signal lights; difficult to · Traffic Engineer
cross McAllister
8 Clarendon Street: snow removal, both sides, not only on · Snow Control Plan
seniors' residential side
Page -I
Town Hall Meeting - Disability Awareness
Report to Common Council, M & C 2007 -188
Junel-lth, 2007
# Issue Follow- U p
9 Waterloo "Wreet: strong odour · Harbour Clean-Up
10 Millidge Avenue: bus stop across from Charlton Place, · Traffic Engineer
signals needed to slow down traffic · SJ Police Force
11 Harbour Passage: accessible traffic signals for people in · Leisure Services
wheel chairs and for sight impaired citizens; audible tones · Waterfront Partnership
and accessible buttons
· Traffic Engineer
12 /..,'upported Living Facilities: needed for people with · Province ofNB
disabilities, as opposed to nursing homes · Housing Agencies
13 Lighting in Public Places: better lighting needed in some · Business Community
restaurants and other places serving the public · Building & Facility
Management
14 Accessibility (Residential /,.,pace): accessible apartments · Building Inspections
and other facilities, with cupboards and stove tops that can · Residential
be used; restrictive bathroom space common problem; need Constmction Industry
design guidelines and standards, with input from the
various stakeholder communities; building permits should
include an accessibility review
15 New Police / Justice Facilities: ensure provisions made for · City of Saint John and
accessibility, visual smoke / fire alarms / alert systems the SJ Police Force
· Province ofNB
16 Lily Lake Pavilion: major concern with accessibility for · Lily Lake Pavilion
disabled people, strongly articulated, suggested that the · Horticultural Assn
building should not have opened without accessibility for
all · Capital Program
17 Visual Alarms (Municipal Public Buildings): visual · Building & Facility
alarms and warning systems should be installed at the Management
North End Community Center, Forest Hills Community · SJ Fire Department
Center, City Hall and other City facilities
18 Prince Edward Square: stop signs needed, speeding traffic · Property Owner
entering onto Prince Edward Street from parking lots · SJ Police Force
Page 5
Town Hall Meeting - Disability Awareness
Report to Common Council, M & C 2007 -188
Junel-lth, 2007
# Issue Follow- U p
19 Recreation Opportunities: recreation and sports are lower · Leisure Services
on list of concerns than basic accessibility needs, but · Horticultural
assuring access to recreation facilities is important, places Association
like the Lily Lake beach and other Rockwood Park venues
· Recreation Task Force
20 Access to Businesses: there is a need for automatic door · Business Community
opening buttons at establishments such as Blockbuster, · Building Inspections
Tim Horton's and other direct access businesses
21 Employment: need for a dialogue on the workforce in the · City Manager and
community (to reflect the make-up of the community); Human Resources
employment opportunities for people with disabilities, · Business Community
young people are well educated but find it difficult to
access employment opportunities · SJ Ability Advisory
Committee
22 Sidewalk/Crosswalk Maintenance and Repair: need to · Safe Sidewalk Program
identify pedestrian hazards, act in a timely fashion to repair · Saint John Works
sidewalks and crosswalks, and work to maintain the overall
serviceability of the pedestrian system.
23 Accessibility (Public Buildings): all public buildings, · Building & Facility
including Public Works, Police and Fire facilities, need to Management
allow access for all citizens and to support utilization by a · Province ofNB
workforce that reflects the whole community
24 Servicing l1~formation: it is important for reasons of · SJ Ability Advisory
servicing to know the addresses (not names) or areas where Committee
disabled citizens reside, work or otherwise frequent; · Customer Services,
development of a database would be useful Municipal Operations
25 City Website: enhance service to the public, including · Information Systems
people in the disabled community, through Website and Support
enhancement; making the Website more interactive-
providing means for online service requests, citizen input to
infrastructure specifications, education and awareness
26 Ongoing Communication: the value of good two-way · City of Saint John
dialogue cannot be overstated; it is essential to meeting the · SJ Ability Advisory
needs of the entire community Committee
Page 6
Town Hall Meeting - Disability Awareness
Report to Common Council, M & C 2007 -188
Junel-lth, 2007
It will be important to track progress on the issues raised; in many case, concrete action
steps could take time. Some requests could be deemed impractical, in whole or in part;
while others must be incorporated into planning for services or operations. Generally
speaking, however, action can be and will be taken to correct deficiencies, improve
maintenance standards and bring the needs of the disabled community to the attention of
decision makers. Staff will maintain an ongoing dialogue with the Ability Advisory
Committee and the people it represents - to work together in ensuring effective follow-up.
INPUT FROM OTHER SOURCES
Dialogue with the public is undoubtedly the single most critical consideration in
attending to their service needs. The communications and working relationships
established over the last couple of years (and two town hall meetings) will only become
stronger as we work together in attending to the needs of the community.
FINANCIAL IMPLICATIONS
Work to be undertaken by the City of Saint John will be incorporated into Operating and
Capital budgets, as applicable, as part of the normal process of servicing the community.
TOWARDS VISION 2015 AND DISABILITY AWARENESS
Council's Vision 2015 Program of Excellence is moving the community towards what it
wants to be - a positive, vibrant, caring and inclusive community. Citizens who are
disabled are an important part of that vision.
The Saint John Ability Advisory Committee, as official advisors of Common Council, are
raising awareness, building strong relationships and working diligently on the interests of
disabled citizens and visitors to Saint John. Barriers are being eliminated, though many
remain; attitudes are changing, a "can do" mindset is taking hold. The people involved
deserve a lot of credit for what they have accomplished for the community.
RECOMMENDATION
It is recommended that Common Council recognize the work of the Saint John Ability
Advisory Committee, endorse the measures outlined herein, and receive and file this
report.
Respectfully submitted,
lM. Paul Groody, P .Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, FCA
City Manager
Page 7
REPORT TO COMMON COUNCIL
June 14t1., 2007
His Worship Mayor Norm McFarlane
And Members of Common Council
The City of SainI fohn
Your Worship and Members of Council,
SUBJECT: UNDERSTANDING THE NEED: SAFE, CLEAN DRINKING WATER
PURPOSE OF REpORT
The purpose of this report is to begin a process to raise the level of public consciousness
concerning drinking water in Saint John and to look to Council's leadership in advocating
for this essential ingredient to good health and quality of life. People need water; families
need water, considerable amounts of this wonderful liquid - pure and reasonable in price.
BACKGROUND
Saint John is very fortunate that it has two good, accessible sources of water - one East
of the city, the other West. The City has also been diligent over the years in protecting
those sources, including significant investments in acquiring watershed properties.
Water quality is tested regularly in accordance with an approved testing plan and there
is a strict protocol with the New Bmnswick Departments of Health and Environment on
that testing. Saint John Water personnel are responsible, well trained professionals; and
the water system is managed with public health and safety as foremost considerations.
Notwithstanding the positive features of Saint John's public water system, two very
serious and major deficiencies remain: first, the level of treatment provided for potable
water is limited to disinfection (chlorination); and secondly, some water infrastmcture is
very old and in poor condition. Both of these issues need timely attention.
ANALYSIS
While the challenges to providing safe drinking water are myriad and complex, they are
far from insurmountable. The types and sources of drinking-water contamination are well
documented, water treatment technology is readily available and there is relative
uniformity of opinion about the necessary legal requirements and prohibitions to protect
drinking water. The obstacle is not that we don't know what is required, but rather that
governments currently lack the political will to get there. 1
1 Canada's troubled waters (Sierra Legal Defence Fund). The Globe and MaiL January 23. 2002. pA17
Understanding the Need: ,S'(~re, Clean Drinking Water
Report to Common Council
June 1./11, 2007
Page 2
The Medical Officer of Health for Saint John has time and again reinforced the advice of
his predecessors concerning the need for improved water treatment.
"During consultation with your department J have become aware of the City's plan
to introduce a .filtration ~ystem to treat drinking water. While supporting this plan,
J urge that the timeline be as short as possible. Waterborne disease is a risk o.fall
smlace water supplies. Chlorine treatment does not eliminate this risk. Also, as you
are aware, drinking water standards' in Canada are consistently being reviewed
and revised to become more stringent. Saint John will likely have to move to
advanced water treatment to meet these standards'. ,,2
Multi-Barrier Safe2uards for Drinkin2 Water
Experts across North America have been calling for the adoption of an enforceable
'multi-barrier approach' for the protection of drinking water. The Province of New
Bmnswick has formalized a system of six (6) protective 'barriers' for drinking water:
1. Source water (watershed) protection;
2. Necessary water treatment;
3. Operations and maintenance, including training and development of utility staff;
4. Monitoring and alarms;
5. Distribution system operation and maintenance; and
6. Emergency response, including contingency planning and preparation.
Some Water Issues for Public Discussion
Provided below are a number of water issues (not all) that the public should understand.
Staff proposes starting with these and suggests that anyone may add questions, concerns
or observations to a public dialogue on drinking water that should be taking place. Saint
John Water will support members of Common Council, provide staff and facilitate the
participation of experts for discussions on these and other issues.
Staining (Corrosion) What is the green copper staining that people might see in their
bath tubs, sinks, shower curtains and, sometimes, their laundry (and even in blond hair);
the brown iron staining that discolours toilet tanks and bowls? What is the health impact
of the various metals being dissolved in our drinking water? In Saint John, the biggest
issue with corrosion is caused by internal electrochemical corrosion. From high school
chemistry "water is the universal solvent"; the purer the water is, the more it wants to
dissolve something. Our water is very "soft" - it has almost no dissolved minerals. In the
lakes, our water is not only very soft but it also has a moderately low pH (6.2 to 6.5). The
2 Enhanced Treatment of Saint John jfzlI1icipal Water Supply, C. Scott Giffin. MD. MPH, Medical Officer
of Health. Region II, NB Department of Health and Wellness. December 4.2003
y...."'n ~~)
~} Our Rusiness is Your Water. Volre eau, c'est noire affaire
.-........",
Understanding the Need: ,S'(~re, Clean Drinking Water
Report to Common Council
June 1./11, 2007
Page 3
combination of soft water at a moderately low pH in conjunction with the chlorination
process needed for disinfection leaves us with water that is considered "aggressive" - it
really wants to dissolve anything to satiate its need to "stabilize". To address this
phenomenon, the pH of finished water needs to be adjusted and "buffered" to create a
water quality that has a relatively constant pH and is measurably less "aggressive".
Water Conservation The point is not so much "saving" water as managing the demand
for water in order to minimize the cost of both water and wastewater services; and to
lessen the environmental impact of withdrawing that water and then depositing its waste
effluent back into the environment after use. Managing usage can also lessen electrical
energy charges (and the resulting effects of green house gases) related to pumping both
water and sanitary sewage and of hot water usage.
Pathogens in /..,'U1jllce Water ,-S'upplies Health related challenges are inherent to
surface water sources; some could become very real life and death issues for those who
are very young, very old or with a compromised immune system. Four primary factors
influence the risk of waterborne illness - the concentration of a pathogen in drinking
water, the human infectious dose of a pathogen, the vimlence of a pathogen and the
immune status of a host, and the volume of water ingested. Pathogens that could occur in
surface water supplies include protozoa (e.g., Giardia, Oypto!>poridillm), bacteria (e.g.,
E. coli, Salmonella, Shigella, Campylobacter, Yersinia, and Legionella) and enteric
vimses (e.g., N0l111alk virus, rotaviruses, and hepatitis A and E viruses).
Cross-Connection Cross-connection is the physical connection of a safe or potable
water supply with another water supply of unknown or contaminated quality or such that
the potable water could be contaminated or polluted. Strict control of connections to the
water system is absolutely essential to ensuring its safety for the consumers.
Trihalomethanes (THM5) Trihalomethanes are any of numerous organic compounds
named as derivatives of methane (CH4) in which three halogen atoms (chlorine, bromine,
iodine, singly or in combination) are substituted for three of the hydrogen atoms. THMs,
formed during the disinfection of water with free chlorine, have carcinogenic potential
and other possible health effects, and are regulated compounds.
Bottled Water What is the public really getting for what it pays for?
Capital Construction Program The public and particularly ratepayers of the water
utility need to understand the aggressive capital constmction program being undertaken
on their behalf; what the public sees in the coming years and how it all fits into the long
range strategy or action plan. The idea is to explain the work going on in the context of
Common Council's overall plan for drinking water; so the public understands there is a
plan and that it will take time before a major difference is noticed at the tap. The goal that
we will achieve in time, however, is a quality of drinking water that is the clearest, purest
and safest available anywhere.
y...."'n ~~)
~} Our Rusiness is Your Water. Volre eau, c'est noire affaire
.-........",
Understanding the Need: ,S'(~re, Clean Drinking Water
Report to Common Council
June 1./11, 2007
Page '"
Watershed Protection The protection of the water source is a key to the process of
ensuring the quality and safety of the water that arrives at your tap. Dealing with such
things as boating, swimming, and dumping of garbage, and the need for forest/watershed
management, are essential.
Water Testing What is Saint John Water doing to test both raw and potable water? How
often does testing occur; where, why, what do we find and what does it mean? Also,
continually changing regulations and definitions of "risk" are matters of public interest. It
would also be helpful to compare what the City does, with regulations and testing for
bottled water and private wells.
Interior Plumbing The impact of interior plumbing on water quality within a building
can be very significant; in fact, think of City Hall itself.
Three staff members have been asked to coordinate this public education responsibility:
Brent McGovern (Manager, Water and Wastewater Operations); Peter Hanlon (Chief
Water Quality Inspector); and Nicole Taylor (Operations Manager, Water Resources and
Quality). They will team up to ensure development of information pieces, support for the
Mayor and members of Council in their dialogue with the public, and coordination of
access to staff and other (external) experts for interviews.
Plain Talk About Drinkim! Water
Members of Common Council are being provided with the book entitled "Plain Talk
About Drinking Water" by Dr. James M. Symons. This 2001 publication of the American
Water Works Association is designed to provide answers to the most common questions
asked by people about the water they drink.
RECOMMENDATION
It is recommended that Common Council lead the public dialogue on understanding the
need for safe, clean drinking water and that this report be received and filed.
Respectfully submitted,
lM. Paul Groody, P .Eng.
Commissioner, for Saint John Water
Terrence L. Totten, FCA
City Manager
y...."'n ~~)
~} Our Rusiness is Your Water. Volre eau, c'est noire affaire
.-........",
REPORT TO COMMON COUNCIL
M & C - 2007
The City ofSaml John
June 15,2007
His Worship Mayor Norm McFarlane
And Members of Common Council:
SUBJECT: Award of Contract for Desi2n / Build of Skate Park
BACKGROUND:
At the regularly scheduled meeting of April 10, 2007, Common Council heard a
presentation by the Fundy Skateboard Association. This presentation served 2 purposes, the
first being to provide an update to Council on the status of the proposed skate park project.
The second purpose was to seek Council's approval to move this project forward by
requesting that Council "authorize city staff to call for proposals to design and build the
Saint John Skatepark at the fixed price of$540,000."
Council subsequently passed a resolution to adopt the recommendation of the association to
move this project to the bid stage.
Staffs of the Leisure Services Department and the Materials and Fleet Management Section
worked collaboratively with the representatives of the Fundy Skateboard Association and
their consult, Daniel K. Glenn Ltd. to develop the request for proposal documents. The
Materials and Fleet management Section then facilitated the bidding process which
included advertising and distribution of the bid documents, receipt of the proposals, the
formal bid opening process and the distribution of the responses to the associations'
evaluation team.
While several potential bidders were contact or requested copies of the bid documents as a
result of the advertising only two bidders responded by submitting proposals for
consideration. They were;
1. New Line Skateparks Inc., Maple Ridge, British Columbia, Canada
2. American Ramp Company, Joplin, Missouri,
ANALYSIS:
As a normal first step in the process, the two proposals received were reviewed
independently by each member of the six person committee. After this initial review the
committee met to compare their findings and to come to a resolve as to a possible
recommendation for award.
The Committee members were:
Bernie Morrison, Commissioner of Leisure Services
Jim Fleming, Community Police Officer, Saint John Police Force
Ross Jefferson, General Manager, Waterfront Development Partnership
Bill MacMackin, Chairperson, Saint John Waterfront Partnership
Jason McLean, President Fundy Skate Park Association
Dan Glenn, Landscape Architect
It was unanimously agreed by the committee members, after their initial review and
subsequent discussions that the proposal which best addressed the requirements and
concerns of the committee and the City was submitted by New Line Skateparks Inc.
The committee members felt that American Ramp Company did not satisfactorily respond
to the Request for Proposals and did not address a number of areas of concern in the design
build process. This company specializes in the supply only of skatepark components. It
appeared, according to their bid that it would be up to the committee to hire a designer for
the project along with the contractors and sub-contractors during the constmction phase.
These functions are, according to the Design/Built Process, the responsibility of the bidder
not the customer. In addition no price was proposed for the project.
The committee agreed, after this initial review and a subsequent conference call with the
bidder that the proposal and process submitted by New Line best addressed the terms and
conditions of the Request for Proposal in all aspects including the price. The process will
include a series of meetings with the various stakeholders to design a facility that best suits
the users, reflects the spirit of the community and is in keeping with the available funding.
Only after this process is completed will the design be finalized and constmction started.
FINANCIAL IMPLICATIONS:
As indicated in their presentation to Council at the April lOth meeting, the Fundy
Skateboarding Association has a budget of $540,000.00 for this project.
The committee, after review of their proposal and as a result of subsequent discussions with
the bidders, believes that New Line Skate Parks is committed to working with the Funding
Skateboarding Association and the City of Saint John, to deliver a world class quality
skatepark within the scope of the available funding.
2
INPUT FROM OTHERS:
The Materials and Fleet Management Section, under the direction of the City's Purchasing
Agent, has been involved both directly and indirectly with the facilitation of this proposal
call process. The City's Purchasing Agent advises that the process has been undertaken and
completed in accordance with the City's Procurement Policies and Procedures and has no
hesitation in supporting the committee's recommendations.
The Planning and Development Department advises that affected property owners have
been informed of the City's desire to develop the skateboard park in the Station Street area.
To date no formal arrangements have been reached with these land owners. It is anticipated
any and all necessary easements/licenses or land acquisitions will be completed in a timely
fashion, ensuring the City has the adequate rights to enter upon the lands to design build
and operate the skateboard park.
RECOMMENDA TION:
It is the recommendation of the Fundy Skateboarding Association that the proposal
submitted by New Line Skate Parks Ltd for the consultation, design and construction of a
new skateboard park in accordance with the proposal call, their subsequent proposal
submission and the available budget funding be accepted and further that the Mayor and
Common Clerk be authorized to sign the necessary contract documents on behalf of the
City of Saint John.
Respectfully submitted,
/3 J97l~
Bernie Morrison
Commissioner of Leisure Services
Terrence L. Totten, c.A.
City Manager
3
REPORT TO COMMON COUNCIL
M & C 2007 - 190
The City of Samllohn
June 13,2007
His Worship Mayor Norm McFarlane
and Members of Common Council
y our Worship and Members of Council,
SUBJECT: Retail Drive Upgrades
BACKGROUND
As Council is aware, Retail Drive was opened to the public on June 7, 2007. This much needed
street links Rothesay Avenue to Westmorland Road and provides direct access to the new East
Point Shopping area.
Although the street is now officially open for public, there is still work that needs to be
completed to finish this attractive new street. Asphalt seal needs to be placed when weather
conditions permit, street lights need to be placed and landscaping must be completed.
The developer would like to place a wood facing on the new guiderail to provide a higher level
of aesthetic appeal to this new development. The developer has also proposed to install a
different style and color street light standard and sign post that would match those utilized
throughout the private areas within the shopping area as well as extensive tree placement along
the sides of Retail Drive throughout most of its length. The street lights would also include a
concrete art form base and a banner ann which depicts the East Point Inc. logo.
The City received a formal request (copy attached) from the general contractor requesting on
behalf of the developer, East Point Inc., that the City fund the upgrades to the street to match the
development. The estimated net cost to fund these upgrades is approximately $146,000. They
have also requested that existing traffic signal poles located at Depot Court and Westmorland
Road, Retail Drive and Westmorland Road as well as Retail Drive and Rothesay Avenue be
changed to match the development theme.
M & C 2007-190
June 13,2007
Page 2
The cost to change the traffic signals and poles at these three locations has not been included in
the upgrade estimate above but is estimated to be approximately $50,000.
Staff does not recommend funding all the upgrades requested on behalf of the developer.
ANALYSIS
The City of Saint John now pays for the installation of aluminum cobra light standards in
developments. The cost of installing standard aluminum street lights is approximately $31,500
for this development. This amount has been shown as a credit in the developer's request leaving
a grand total of $146,000 to fund all upgrades. Aluminum poles are presently the accepted
standard and provide the acceptable level of lighting for this development. The new street light
poles proposed by the developer would cost $71,645 minus the $31,500 credit for the aluminum
poles for a net increase to install the decorative poles of $40,145. The developer has also
requested the City fund the upgrade to decorative sign posts at an estimated cost of$14,000.
The upgraded street light standard utilizes a decorative concrete art form base. These would not
be required for the standard aluminum light poles. The overall cost to add the decorative bases is
approximately $14,196. The developer also wants to add the East Point Inc. logo as a banner
arm to the light standard at a cost estimated to be $4,140.
The costs associated with upgrading the standard aluminum light standard to a decorative black
light standard including an art form decorative base and the banner arms as well as upgrading the
sign posts are not costs normally paid by the City of Saint John. The developer would be
expected to bear these costs if they wish to make the upgrades. Staff believes it is reasonable
that the City accept the upgrades and maintain them in the future.
The developer has also requested the City fund additional trees along Retail Drive consisting of
84 autumn blaze maple trees and 20 evergreens at a total cost of $37,500. Although this is also
an out of the ordinary request, these would be a welcome addition to the streetscape.
FINANCIAL IMPLICATIONS
As Council is aware, a significant financial contribution of $3.5 million was made by the City
towards the constmction of Retail Drive. The City will receive $650,000 of that investment back
when the development reaches a total of 400,000 square feet of retail space open for business.
The development presently has 123,200 square feet of retail space completed or under
constmction.
The City has made a significant financial contribution to the constmction of Retail Drive and
staff recommends that the developer fund the upgrades to street light standards, decorative art
form bases and banner arms to match the development. The City would provide $31,500 toward
the cost of these light standards which is the normal contribution that the City would pay for the
aluminum light standard. The cost to the developer for this upgrade would be $40,145. Staff also
M & C 2007-190
June 13,2007
Page 3
suggests that the addition of wood to the guiderail and addition of the decorative sign posts
should be funded by the developer at a cost of$36,000 and $14,000 respectively.
It is recommended that the City contribute the standard $31,500 for aluminum street lights as
well as approximately $37,500 for 84 autumn blaze maple trees and 20 evergreen trees to be
planted within the Retail Drive street right of way. Staff would also recommend that when
Ashburn Lake Road is reconstmcted to between Route 1 and Rothesay Avenue with a potential
realignment of Retail Drive to line up with Ashburn Lake Road, that the City consider the
concept of installing the black decorative light standards and sign posts along Ashburn Lake
Road to tie in with decorative light standards, should they be installed along Retail Drive by the
developer.
RECOMMENDA TION
It is recommended that Common Council:
1. Consider the request made by the developer of East Point Shopping Centre for upgrades
to Retail Drive as detailed in the attached letter to the City Manager.
2. Approve funding in the amount of $31,500 as the contribution towards the developer
installing decorative light standards, the said amount being the estimated cost to install
standard aluminum cobra light standards
3. Approve funding in the amount of $37,500 for the installation of 84 autumn blaze maple
trees and 20 evergreen trees by the developer within the Retail Drive street right of way
and further;
4. Approve the concept of the installation of decorative light standards along Ashburn Lake
Road when it is reconstmcted between Route 1 and Rothesay Avenue in the future to
match the decorative lights standards along Retail Drive if installed by the developer.
Respectfully submitted,
1. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
, ,
MILESTONE r:~trfJl:tiD'l' & ~~/oplfien,t ~/1c..
, 1 Ha,mpfan RoOd, ,SIIite J40
R"theSa~ 'NB E2E 5K8
1:(3!.0 (506) S4S".:.J78t;J
Fax: (506) 848-1799
May t 8. 2007
'City of Saint JOM
PO Box 1971.
SaintJohp~ NB E2L 41...J.
AttcntiQ'Q~., "Mr. TCn'Y~,!ott~n,' City'Manager
Re: Retajl Drive UJ?gt;lldes, .
Dear Mr. 'Tqtt<m; .
On behalf of our cIient~ EaSt Point Ind., we 'Wish to advise that :further. to oWrierous dis~ssi,(ins ' :
and meeting;l;) we have'mot with Eric Orl.ffln add presented the a1tael1~d' report: on Retail -Orive
upg:ta.des.' " '. "
I
- I
I , "
. Engillee~g supports the: basic iheory an,d prod~cl:S: They reco'n;unend tba~ ~(j (2) additional
complet~ Ii ght :fi}<,""turOs and' po les be purehased nn.d stor.ed by' Sait.'ftJ OM ~~n~ro' lor Spare patte,
Adqitioi1a.1ly they recommend that four (4) new'sign posts als'o b~ rmrc~~d'as they )lave a high
, degree ox damage. '"
I . I . .
As you are aWaTe~ a major cJ:iar.lgs -o~curred in the R.etaU Drive configuration wJ,j,bh greatly,
. ftnj:l1'(J'Vcd the safety f~r consi1.m~~~ by increasiJig' visibility and addt~ a ,:6fth turn Ian" as
reques1;ed by city st8ff: This change 6~:e at great cost.to tOe develOper of over S~OQ,OOO.
. I . I
, ,
rn keeping witb the upscal~ quality or~ entire 4~Velopment, we are,reque~ting ~hat the city
fund t~e upgrades to thdr. .~~et to ma~c~ the deye1.op~ent. "
. I. ., .
The attach~d May 2 report-includes the detai~s for iill upgrades. the following represents the
cost: " .. .,
J, ' Upgraded street lighting to match the dcve10Wlent
a. Re11lil Drive . , I8.poles'. . ,
b. Depot Court " , '3 poleS
c. Spares per City 2 voles, '. . , .
'23 poles & uXtutes @ $.3,115 = .
Bli11ner Arms 46' @ $90 ':;= , .
Concrete Art Form' b2l.'Jes 21 @ $676 ==
Cess oredit for city El'l1pplied Cobra
$ 71.~6.4.5 ' ,
'$' 4~140,
.. $,14.196'
<$31.~SOO >
, -
:. . contiriueclJ2
May'17,200,7
Mr. Totten
Pllge :z or 2,
'2. Ad,wtional trees'fdr RetaU Drive
, . - a. 84 Autumn Blaze Maple @ $375 '
, b. 20 Evergreens @: $300 . , '
,3. Addition of wood to 'gUideraU 720M @ $50
, . 4:_. Addition of dec;orativ~ sign posts to @ $1.000.
, Spares per city 4 @ $1;000
, Tot9.1
$ 3 t500
$ ,.6~OOO
$ ~6~OOO
$ ) 0;000
$ 4.flOQ
. $145,981
, ,
,5. Traffic Ught poles at DcPort Coliff, :ReiaiJ DdvQ snctWestmorland .aod Retail'Drive at
, " Ro~hesay Avenue. We be~eve this 'change ,to black 06Ii:1~retes,the the.m.t;! and the'cost to
the city is changing ~e exiSti.ug whioh can b~ llUlized ~15,ewh'er6 .in: the' (lily,: _
All We lll"f? faSt approaching our g:ran,d oprm.i>>:g and the' bqsy sumi,11er.touris~'season~-~' are
ptepat:ed to rneefat your convci1iertce to pursue th~e options to co~c1~sion as s6~n as possible.
. YoUt'S truly,
Ml.LESTOl'c'"E CONSTRUCTION'& DEvln.OPMENT INC.'
"
. DEP/amc
Enclo,sures '
'. ,
cc:. T. Nortbnrp~ Ea<it Point Inc.
M. Meroicrr Miles.tone
, '
.'
,"
-
REPORT TO COMMON COUNCIL
fo(~)
/1<
M&C2007-150
The City of Saint John
May 17,2007
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Memben; of Council:
SUBJECT:
Contract 2007-32: Red ~ead Road Sanitary Forcemain, Water & Sewer Mains, Slope
Stabilization and Road Reconstruction
BACKGROUND
This Contract consists of tto projects that are approved in the 2006 Water & Sewerage Capital
Program and two projects that are approved in the 2006 and 2007 General Fund Capital Program
as follows: '
I. A new 300mm wateflllain on Red Head Road from Midwood Avenue to the property of the
future Eastern Wastewater Treatment Facility.
2. A new 600 nun sanitary forcemain on Red Head Road from the intersection of Bayside
Drive to the property of the future Eastern Wastewater Treatment Facility and a new 200
mm sanitary sewer on Red Head Road from Midwood Avenue to Civic #315 Red Head
Road.
3. Reconstruction of ~e Red Head Road from Bayside Drive to the existing entrance to
Hazen Creek Sewag~ Treatment Plant.
i
4. Installation of approfimately 11,000 tonnes of armor stone in selected areas along the west
side of Red Head jad between Bayside Drive and Civic # 315 to stabilize the existing
slopes in the area.
I
I
I
i
)j,-.,."
,", f Ct./-. ;1_ ~
/'///7/ " '.1 '
r ~: _ ~
"J') .
- ~"I",-,,1f:. / r /e ~ j'
M & C 2007-150
May l7, 2007
Page 2
Contract 2007-32 identifies the minimum amount of work to be completed by the following
dates:
Prior to October 15. 2007
All slope stabilization wor~, 600mm diameter forcemain from Bayside Drive to Midwood
Avenue including temporao/ trench reinstatement with asphalt concrete base.
I
Prior to October 15.2008 i
!
All remaining pipelines, tes~ing and disinfection, street reconstruction including new guiderail
and asphalt base course, co~crete curb and sidewalk and all property restoration.
i
Prior to July 31. 2009 I
I
!
All asphalt concrete seal in~luding driveway seal.
;
TENDER RESULTS ;
i
I
i
Tenders closed on May 9, ~007, with the following results:
I
Debly EnteIjrises Ltd.
Saint John, NB
I
The Engineer's estimate fo~ the work was $4,384,891.60
!
I
ANAL YSIS
1)
Fairville Co~struction Ltd.
Saint John, 1fB
,
Galbraith Cdnstruction Ltd.
I
Saint John, l1l'B
I
Gulf operatob Ltd.
Saint John, WB
!
$3,998,853.00
$3,695,480.00
2)
$3,850,493.00
3)
4)
$5,284,582.00
I
The tenders were reviewed by staff and were found to be formal in all respects with the exception
of the Gulf Operators Ltd. I tender which contained two errors in mathematics. The math errors
were corrected in accordapce with the Tendering Procedures item 2.18(a) and the corrected
amounts are reported herein. Staff is of the opinion that the low tenderer has the necessary
resources and expertise to pF=rform the work, and recommend acceptance of their tender.
;
M & C 2007-150
May 17,2007
Page 3
FINANCIAL IMPLICA T[ONS
I
The Contract includes wor~ that is charged against four capital work projects. Assuming award of
the Contract to the low tqderer, an analysis has been completed which includes the estimated
amount of work on this pro~ect that will be performed by City forces and others.
i
The analysis concludes tha~ a total amount of $5,590,000.00 was provided in the budgets and that
the projected completion post of the projects included in the Contract are estimated to be
$3,570,366.74 including th~ City's eligible HST rebate - a $1,174,775.95 positive difference in
the Water & Sewerage Ut~ll ty Fund Capital Program and a $844,857.31 positive difference in the
General Fund Capital Pro am. Approximately $1,100,000 of the $1,174,775.95 surplus funding
identified in the Water & ewerage Utility Fundy Capital Program is to be expended under a
separate contract to be te dered for the installation of approximately 400 metres of 600 mm
sanitary forcemain along B.yside Drive between Civic #450 and the Little River Bridge when this
section of road is reconstnicted later this year. Staff will report back to Council in the coming
weeks to identify offsets tei expend the $844,857.31 surplus funding in the General Fund Capital
Program. Portions of the s~lus funding may be required to install additional armor stone under
the slope stabilization com~onent of this contract.
I
POLICY - TENDERING IOF CONSTRUCTION CONTRACTS
!
The recommendation in thi~ report is made in accordance with the provisions of Council's
policy for the tendering of 'fOnstruction contracts, the City's General Specifications and the
specific project specificatio:p's.
RECOMMENDATION
It is recommended that con~act 2007-32: Red Head Road Sanitary Forcemain, Water & Sewer
Mains, Slope Stabilization d Road Reconstruction be awarded to the low tenderer, Fairville
Construction Ltd, at the ten ered price of$3,695,480.00 as calculated based upon estimated
quantities; and further that t e Mayor and Common Clerk be authorized to execute the necessary
I
contract documents.
Terrence L. Totten, F.C.A.
City Manager
REPORT TO COMMON COUNCIL
June 14,2007
M & C 2007-192
The City of Samllohn
His Worship Mayor Norm McFarlane
and Members of Common Council
y our Worship and Members of Council:
SUBJECT:
CONTRACT 2007-32: Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope
Stabilization and Road Reconstruction
BACKGROUND
Tenders closed on May 9,2007, for Contract 2007-32: Red Head Road Sanitary Forcemain, Water &
Sewer Mains, Slope Stabilization and Road Reconstmction. City staff reviewed the tenders and
submitted a report to Council (M&C 2007-150) for the May 22, 2007 meeting recommending award
of Contract 2007-32 to Fairville Construction Ltd.
The award of Contract 2007-32 was tabled until the City of Saint John could obtain access to
private property on the west side of Red Head Road for placement and maintenance of slope
stabilization materials. On June 11, 2007 the City of Saint John received a letter from Voyageur
Properties Limited (copy attached) which grants a license to the City of Saint John to place and
maintain materials as shown on the Contract drawings.
RECOMMENDA TION
It is recommended that Common Council accept the letter from Voyageur Properties Limited
granting a license to the City of Saint John to place and maintain material along specific sections
of Red Head Road as shown hatched on the attached sketch and further that Common Council
consider awarding Contract 2007-32 as recommended in M&C 2007-150 in part B of this
Common Council agenda item.
Respectfully submitted,
1. M. Paul Groody, P. Eng.
Commissioner
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
REPORT TO COMMON COUNCIL
M & C 2007 - 150
The City of Samllohn
May 17, 2007
His Worship Mayor Norm McFarlane
and Members of Common Council
y our Worship and Members of Council:
SUBJECT:
Contract 2007-32: Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope
Stabilization and Road Reconstruction
BACKGROUND
This Contract consists of two projects that are approved in the 2006 Water & Sewerage Capital
Program and two projects that are approved in the 2006 and 2007 General Fund Capital Program
as follows:
1. A new 300mm watennain on Red Head Road from Midwood Avenue to the property of the
future Eastern Wastewater Treatment Facility.
2. A new 600 mm sanitary forcemain on Red Head Road from the intersection of Bayside
Drive to the property of the future Eastern Wastewater Treatment Facility and a new 200
mm sanitary sewer on Red Head Road from Midwood Avenue to Civic #315 Red Head
Road.
3. Reconstmction of the Red Head Road from Bayside Drive to the existing entrance to
Hazen Creek Sewage Treatment Plant.
4. Installation of approximately 11,000 tonnes of armor stone in selected areas along the west
side of Red Head Road between Bayside Drive and Civic # 315 to stabilize the existing
slopes in the area.
M & C 2007-150
May 17, 2007
Page 2
Contract 2007-32 identifies the minimum amount of work to be completed by the following
dates:
Prior to October 15,2007
All slope stabilization work, 600mm diameter forcemain from Bayside Drive to Midwood
Avenue including temporary trench reinstatement with asphalt concrete base.
Prior to October 15,2008
All remaining pipelines, testing and disinfection, street reconstmction including new guiderail
and asphalt base course, concrete curb and sidewalk and all property restoration.
Prior to July 3 L 2009
All asphalt concrete seal including driveway seal.
TENDER RESULTS
Tenders closed on May 9, 2007, with the following results:
1)
Fairville Constmction Ltd.
Saint John, NB
$3,695,480.00
2)
Galbraith Constmction Ltd.
Saint John, NB
$3,850,493.00
3)
Gulf operators Ltd.
Saint John, NB
$3,998,853.00
4)
Debly Enterprises Ltd.
Saint John, NB
$5,284,582.00
The Engineer's estimate for the work was $4,384,891.60
ANALYSIS
The tenders were reviewed by staff and were found to be formal in all respects with the exception
of the Gulf Operators Ltd. tender which contained two errors in mathematics. The math errors
were corrected in accordance with the Tendering Procedures item 2.18(a) and the corrected
amounts are reported herein. Staff is of the opinion that the low tenderer has the necessary
resources and expertise to perform the work, and recommend acceptance of their tender.
M & C 2007-150
May 17, 2007
Page 3
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against four capital work projects. Assuming award of
the Contract to the low tenderer, an analysis has been completed which includes the estimated
amount of work on this project that will be performed by City forces and others.
The analysis concludes that a total amount of $5,590,000.00 was provided in the budgets and that
the projected completion cost of the projects included in the Contract are estimated to be
$3,570,366.74 including the City's eligible HST rebate - a $1,174,775.95 positive difference in
the Water & Sewerage Utility Fund Capital Program and a $844,857.31 positive difference in the
General Fund Capital Program. Approximately $1,100,000 of the $1,174,775.95 surplus funding
identified in the Water & Sewerage Utility Fundy Capital Program is to be expended under a
separate contract to be tendered for the installation of approximately 400 metres of 600 mm
sanitary forcemain along Bayside Drive between Civic #450 and the Little River Bridge when this
section of road is reconstmcted later this year. Staff will report back to Council in the coming
weeks to identify offsets to expend the $844,857.31 surplus funding in the General Fund Capital
Program. Portions of the surplus funding may be required to install additional armor stone under
the slope stabilization component of this contract.
POLICY - TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of Council's
policy for the tendering of constmction contracts, the City's General Specifications and the
specific project specifications.
RECOMMENDA TION
It is recommended that Contract 2007-32: Red Head Road Sanitary Forcemain, Water & Sewer
Mains, Slope Stabilization and Road Reconstmction be awarded to the low tenderer, Fairville
Constmction Ltd, at the tendered price of$3,695,480.00 as calculated based upon estimated
quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary
contract documents.
Respectfully submitted,
1. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
Voyageur Properties Limited
P. O. Box 5777,300 Union Street, Saint John, New Brunswick, Canada E2L 4M3
Tel.: (506) 632-7777, Fax: (506) 658-0517 Drost.BruceA@JDlrving.com
June S, 2007
City of Saint John
P.o. Box 1971
Saint John, New Brunswick
E2L 4L1
Attention:
J. M. Paul Groody, P. Eng.
Commissioner
Municipal Operations & Engineering
Gentlemen:
Re: Red Head Road Reconstruction
I refer to your letter to me dated May 18, 2007 and to
the letter of Kendall Mason, P. Eng. to Bruce Drost dated April
12, 2007.
Voyageur Properties Limited hereby grants a license to
the City of Saint John to place and maintain material on those
locations shown on sheets 6,7 and 8 of 19 [and also shown on
sheet 10 of 19] - Slope Stabilization Plan - Red Head Road
Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization &
Road Reconstruction - File ROOS-010 for the purpose of
stabilizing the slope along the west side of Red Head Road so
that the structural integrity of Red Head Road can be maintained.
All of such work is to be done at the risk of the City. The City
will indemnify and save harmless Voyageur Properties Limited from
any claims, damages, contamination, etc that may arise out of
such work.
Yours very truly,
Voyageur Properties Limited
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ABEL LEBLANC, MLA
SAINT JOHN LANCASTER
649 MANA W AGONISH ROAD
SAlNT JOHN. Nfl F.2L ?,W4
(506) 658-6324
e-mail aleblane.mlllailnb.aibn.com
May 3ft 2007
Mayor Norman McFarlane
All CouDcil Members
c/o Common Cle..k
City of Saint J'OhDt New Brunswick
Re: Exhibition ParklExhibitioD Park Raceway
Dear l'v1a.yor McFarlane and Council Members:
I am writing today hoping to receive answers that have been asked of me
regarding the above property. You may have seen my commentary regarding the
property in an article printed in the Telegraph Journal on May 30,2007. My
questions will undoubtedly be repeated here. I have researched what has taken
place at this property and can tell 'You 1 am appalled at what I've found.
To you Mayol' McFarlunc cmd Council I am seeking llIl.5wcrs to the following
questions:
Who O'l"ffiS this land? Who put the current board members in place and whon?
Vlhy are jobs not tendered, as is the case in any other City operation? When does
the election ot" officers take place? How would a person willing to run know
when this election, if there is one, takes place? Has conflict of interest happened
at this property, Le.,jobs given to presem board. members and monies paid to
them without tender? How much money is controlled by1hese board members?
Docs the City of Saint John have any say over these monies, i.e.. how they are
expended etc? How often. if ever does the City of Saint Jolm examine the books
from this property'? Has an audit ever been conducted, ifso, by whom? How are
these board members paid. do they receive yearly honorariums, if so, how much?
Do these board members use any of these monies for trips. etc.. ..i.e., to look at
other parks with similar set .ups? How many horsepersons use this racetrack?
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I would be very interested in a meeting regarding these inquiries. 1 look forward
to hearing from you very soon.
Yours trulYl
~
Abel LeBlanc
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ABEL LEBLANC, MLA
SAINT JOHN LANCASTER
649 MANAWAGONfSH ROAD
SAINT J'OHN, NB E2L 3W4
(506) 658-6324
aleblanc.mla@nb.aibn.com
June 1.2007
Ms. Sherry Cunningham
Common Clerk
Dear Ms. Cunningham,
[would appreciate the enclosed letter being read infull at the next
Common Council meeting. Would you also please provide each
councilor with a copy o/the letter?
Many thanks.
fJL.i
Sincerely,
Abel LeBlanc, AdLA
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City Solicitor's office
Bureau de l'avocat municipal
\ S t~") 'NWW.saintjohn.ca
P,O. Box/C.P. 1971
Saint John, NB/N,-B.
Canada E2L 4L1
Section 10.2(4)(0
The City of Saint John
COMMITTEE OF THE WHOLE
June 4,2007
Common Council of
The City of Saint John
Your Worship and Councillors:
Re: Exhibition Association
This correspondence has been prepared as a result of the referral motion
adopted by Council several weeks ago to have the City Solicitor report upon
the". .. relationship between the City and the Exhibition Association".
The Exhibition Association so-called, is officially identified as the Exhibition
Association of the City and County of Saint John (the Association). It was
created as a body corporate by private legislation enacted in 1889 (the Act, C.
49 S.N.S. 32 Victoria). The objects of the Association are described in its
constituent legislation in the following terms:
"The said Association is hereby authorized and empowered ...
to hold Exhibitions and to exhibit any and every variety of thing
and being found in animal and vegetable life, to exhibit wares,
goods, merchandise, machinery, mechanical inventions and
improvements of every nature, name and kind and industrial,
agricultural, horticultural or other products either
manufactured or grown or in process of manufacture or
growth; to exhibit paintings and statuary of every nature and
kind; to exhibit and develop the points and qualities of the
several breeds of horses and other animals by such competitive
tests as may be humane and proper and as may be deemed
expedient, to hold and conduct horse race meetings, and to
make such other exhibitions as will be in conformity with the
purposes and objects of this Act .... " (Section 3)
... /2
Common Council
June 4, 2007
City Solicitor
Page 2
Re: Exhibition Association
There is express authority given to the Association by its original legislation:
.. . .. for the purpose of carrying on and maintaining the
business aforesaid and such other business as may be
hereinafter mentioned. to hold, own and acquire by lease,
purchase, gift, devise, bequest or otherwise, property real and
personal at such prices and on such terms and conditions as
may be agreed upon ... and to sell, mortgage, lease or
otherwise dispose of any property at any time held and owned
by the said Association .... " (Section 3)
Since a 1953 amendment to the Act, it has provided that the Mayor and all
Councillors of the Saint John Common Council are by virtue of their office,
members of the Association. As well the Legislation provides that:
" ... the local member of the Parliament of Canada, members of
the Legislative Assembly of the City of Saint John and of the
County of Saint John and such other persons as shall become a
registered member in accordance with the provisions of the bye-
laws of the Association shall constitute the Association."
(Section 1, Chapter 32, S.N.B. 1953).
The Act confers upon the Directors of the Association wide authority
including:
"... full power to make, alter or amend all bye-laws, rules and
regulations for the government of the Association and its
affairs, the management of its business and the care and
management of its property, the holding of elections and
everything incidental to or in any way connected with the
objects to which this Association is incorporated n' the fixing
the time for the annual meeting and the calling of general or
special and other meetings of the Association ... and in general
to do all things and make all contracts and agreements that may
be necessary to carry out the objects of, and exercise the
powers incidental to the Association all of which may be done
by the making of bye-laws or by resolution of the Board of
Directors of the Association." (Section 13)
.../3
Common Council
June 4, 2007
City Solicitor
Page 3
Re: Exhibition Association
Today the By-Laws of the Association establish a Board of Directors
comprised of nine persons with a quorum of five. Each year three Directors
are elected at the Annual Meeting for a three year term (By-Law No.3). Every
member of 19 years of age or greater is eligible to be elected as a Director at
the Annual Meeting. (By-Law No. 3.02). Consequently, each member of
Common Council is eligible to be elected to the Board of Directors of the
Association.
I understand from the Association's Secretary, Mr. Charles Swanton, that
Notices have been sent to each member of Council advising of the Annual
Meeting scheduled for March 28, 2007.
In summary, the Association is an autonomous legal entity and in the strict
sense there is no relationship between the Association and the City, i.e. there is
for example no obligation upon the City to provide funding to the Association
or for the Association to obtain City approval for any initiative adopted by the
Association. However, each member of Council is by virtue of his or her
municipal office a member of the Association. The reference of this topic to
me was in very broad terms and if there are specific questions any member of
Council has, I would be pleased to address them.
Respectfully Submitted,
John L.Nugent
City Solicitor
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~.. ROTHESAY
,.
----/
May 22, 2007
70 Hampton Road
Rothesay, NB
Canada E2E 5L5
T: 506-848-6600
F: 506-848-6677
Rothesay@rothesay.ca
www.rothesay.ca
The Mayor and Common Council
City of Saint John
P.O. Box 1971
Saint John, NB
E2L 4Ll
Attention: Mayor Norm McFarlane
Dear Mayor McFarlane:
Re: Funding For Multiplex Feasibility Analysis
This letter is to confirm and clarify the resolution of the Rothesay Council
to participate in a feasibility study of a regional recreational complex.
Rothesay Council was requested by Bob Manning, Chair of your
Multiplex Committee to participate in further analysis of multiplex
concept for the region. Rothesay Council acceded to that request based
on correspondence from Mr. Manning laying out a simple funding
formula which we believe to be fair and equitable for initial work. This
formula is noteworthy in that it incorporates Hampton and the residents
in the unincorporated areas within the Census Metropolitan Area.
Rothesay Council did not consult with any other municipalities prior to
taking its decision and were unaware of any official position of other
jurisdictions since we were advised by Mr. Manning that we were the first
of the outside municipalities to be formally asked. Any allusion to the
Rothesay action as disingenuous as reported in the media is utter
nonsense. Rothesay has done its best to support regional initiatives and
I have personally participated in many events celebrating the success of
the greater Saint John region in general and the City in particular. We
remain convinced that the prosperity of Rothesay is tied inexorably to the
success of the region and will continue to work diligently with you and
other willing parties to foster that success.
...2
Explore our past/ Explorez notre passe
Discover your future Decouvrez votre avenir
5:\14 RECREATION\3reO Faciliti..\Proposed now joinl..-enalRogional mulbplox'Mayo' McFl>1aM re m"~pl....loc
Grand Bay-Westfield . Quispamsis . Rothesay . St. Martins . Saint John
Rothesay
Mayor Norm McFarlane
Funding for Multiplex Feasibility Analysis
22/05/2007 Page 2 of 2
We congratulate Common Council on its initiative to explore
improvements to the leisure opportunities for the region. The work of the
multiplex committee to date has been provocative and deserving of the
support of all taxpayers in the CMA. Mr. Manning and his committee
have brought forward an exciting project that indicates Saint John is 'on
the move'. We don't think such a concept should be summarily
dismissed whether or not other options might meet local needs. In fact
this regional concept may best be seen in the context of a facility over
and above immediate local needs for ice time. Whether external funding
can be obtained and what location is most suitable, are among questions
to be answered by the study itself and it is premature to rush to
judgement before the analysis is conducted.
I am copying this letter to all the Mayors in the CMA in the hope that
their Councils may reconsider the request for this modest amount of
funding and move the region forward in a spirit of cooperation and
exploration.
Y~s t~ly, . .'
t0~~~~
William J. S' op ~ \
Mayor
cc. Bob Manning, Multiplex Committee
Mayor Losier, Grand Bay jWestfield
Mayor Hovey, Hampton
Mayor Huttges, St. Martins
Mayor Maloney, Quispamsis