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2006-12-18_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaire City of Saint John Common Council Meeting Monday & Tuesday, December 18 & 19, 2006 Location: Common Council Chamber Supplemental Agenda 5.1 Letter from Paul Zed regarding Saint John Harbour Bridge Authority Budget 5.12 Drury Cove Developments (Recommendation: That Council approve an amendment in the matter of Drury Cove Developments - Captain's Quarters Condominiums a portion of which formerly read".. .exterior surface of the gypsum board", to now read"... the face of the studs in the walls"). Re: 9.2 Proposed Re-zoning 53-75 Leinster Street City of Saint John Seance du conseil communal Le lundi et mardi 18 et 19 decembre, 2006 Emplacement: Salle du conseil communal L'ordre du jour supph~mentaire 5.1 Lettre de Paul Zed - Budget presente par l'Administration du pont du port de Saint John 5.12 Drury Cove Developments (Recommandation : Que Ie conseil approuve une modification relativement a la declaration de Drury Cove Developments concernant Ie lotissement d'immeubles en copropriete Captain's Quarters Condominiums, qui se lisait auparavant comme suit << ...surface exterieure de plaque de platre >>, pour se lire maintenant << ...Ie cote des poteaux aux murs) Alinea 9.2 Projet de modification de l'arrete sur Ie zonage visant Ie 53-75, rue Leinster 12/18/2005 15:08 5139474574 ft-( ), / ZED P MP Paul Zed Member of Parliament for Saint John, New Brunswick Date: December 18, 2006 To: Clerk From: Paul Zed Fax Number: (506) 674-4214 Pages: 2 total Message: Please see attached letter. Thank you. Ottawa Office: Room 655-0, Centre Block House of Commons Ottawa, Ontario KIA OA6 Tel: (613) 947-2700 Fax: (613) 947-4574 Saint John Office: 90 King Street Saint John, New Brunswick E2L 1 G4 Tel: (506) 657-2500 Fax: (506) 657-2504 PAGE 01/02 12/18/2006 15:08 6139474574 ZED P MP PAGE 02/02 Zed, Paul - M.P. From: Sent: To: Subject: Zed, Paul - M,P. Monday, December 18, 200610:06 AM 'norm .mcfarlane@saintjohn.ca' Saint John Harbour Bridge Authority Budget Dear Mayor McFarlane: I am writing to urgently ask that you reject the budget for the Saint John Harbour Bridge Authority that will come before council tonight. The Saint John Harbour Bridge Authority has called for tolls to double in 2007, and triPI~ by 2011. This was done without any public consultation, and without due consideration for the impact that this will have on citizens and businesses in Saint John, particularly West Saint John. I am not in favour of this, and I believe it is a drastic action that will have many negative consequences for our community. The Saint John Harbour Bridge has some very serious challenges and a rise in tolls is simply a band-aid solution. What we really need to consider is fInding a way to operate the bridge without having to make crushing debt payments. I believe that the Saint John Harbour Bridge Authority should ask for the debt to be forgiven in their budget submission, but the federal government should still continue to own the structure. The bridge was built at a cost of approximately $18 million, the citizens of Saint John have paid approximately $23 million towards the bridge, and there is approximately $23 million still owing. There is something seriously flawed with this model; it is like a mortgage that is impossible to repay and that keeps growing larger. As you know, the budget for the Saint John Harbour Bridge Authority cannot be finalized until it is approved by Council. We have had discussions about the Bridge in the past and in the spirit of cooperation I would like all of the community representatives to sit down and discuss long term solutions and strategies for the many issues that are facing the bridge. It is for these reasons that I ask that you reject the budget for the Saint John Harbour Bridge Authority so that we can work together to come up with a solution that allows for repairs that are necessary for the bridge, without increasing user fees, and without the citizens of Saint John being saddled with debt for generations to come. . I look forward to hearing from you; I can be reached at my office 657-2500 or on my cell at 636-1555. I view this as an urgent matter, and I am available to meet at your convenience today to discuss this matter. Kind regards, Paul Zed DEe-18-06 03:32PM FROM-BARRY SPALDING /,,\J-- ~- +5066334206 T-055 P.001/002 F-935 Barr~ SpaRling LAWyERS I r\\IClCATI saint John Office December 18, 2006 Duane M. McAfee Direct: 506.633-4203 E~Mail: drrun@barryspalding.com Mercantile Centre 55 Union Street, Suite 710 Sail'll John. Net Canada E2l 5B7 Mailing Address: P_O. Box 6010 RPO Butnswick Square Saint John, NB canada E2l4R5 telephone: 506.6:3~,4226 !=ax: 506,633-4206 VIA FACSIMILE 649-7939 www.barryspalding.com City of Saint John 8th Floor, 15 Market Square Saint John, NB Attn: Ma.yor Norm McFarlane and Members of Common Council Dear SirsIMadams: Re: Drury Cove Developments - Captain's Quarters Condominjums OUT File: 6355-30 We represent Drury Cove Developments Inc., and Captain's Quarters Condominiums- We have been working with Leo Guy Leblanc, Director of Condominium Properties for the Province of New Brunswick, and Maureen Mills, Corporate Council for Service New Brunswick, with the objective of registering an amendment to the Condominium Declarations for Captain's Quarters Condominiums prior to year end_ If the amendments are not filed prior to the year end it will in effect cost our clients tens of thousands of dollars. The amendment is very minor, it simply changes the outside dimensions of the condo units, it formerly read "...exterior surface of the gypsum board", it now reads "...the face of the studs in the walls". This has no effect whatsoever on the City of Saint John's interest in the property. Documentation is being signed in South Africa and various places throughout New Brunswick and in Nova Scotia and we will be in a position to have the documentation registered, however, as we understand this cannot be signed by the City of Saint John without going to Council prior to the Mayor and Common Clerk's signing. Given the extraordinary efforts made by a number of individuals in the Province of New Bnmswick and our client's, we cannot overstress the importance of having this dealt with at tonight's Council meeting- Essentially, the only rea,>on the City has to sign is because they are an encumbrance holder, holding an easement across the property which our clients granted to the City to allow access for a trail as well the City holds a standard municipal services easement. "While we appreciate this is a busy time for the City, it has direct significant financial implications to our clients and it is a matter that Saint John' MOllcton DEe-18-06 03:32PM FROM-BARRY SPALDING d Barry, p S~~~E:g +5066334206 T-055 P.002/002 F-935 Page 2 really should have very, very Ininirnal discussion- We tmst you can see the necessity of having this maner dealt with expeditiously. Yours very truly, -' LAWSON LAWYERS Correspondence POBox 6787, Station A Saint John NB E2L 4S2 NATHALIE L. GODBOUT PARTNER Phone (506) 633-3737 Fax (506) 633-0465 Direct (506) 633-3505 ngodbout@lawsoncreamer.com Suite 801, Harbour Building 133 Prince William Street Saint John NB E2L 2B5 info@lawsoncreamer.com VIA FAX: (5061 632-6120 December 18,2006 Mayor Norm McFarlane CITY HALL 15 Market Square P.O. Box 1971 Saint John, NB E2L 4L 1 Mayor McFarlane: RE: Lelnster Court Project - Common Council December 18, 2006 Our File Number: 2820-006 This evening, Common Council will consider an application for a special zone applicable to the Leinster Court Project, a four-storey apartment complex to be located at 53-75 Leinster Street in Saint John, N.B. Our firm acts on behalf of a group of concerned citizens who are residents or owners of property in and around the neighbourhood of Leinster Court. We write to make our written representations to you in advance of tonight's meeting, with the hope of facilitating the discussion and narrowing the issues. The Leinster Court Project is a $2.6 million "demonstration development" intended to provide quality housing options to people of all income levels, including subsidized units for lower-income housing. In that regard, the Leinster Court Project is an important project, and is certainly supported by our clients, as well as virtually all of the residents in the surrounding neighbourhood. Leinster Court is to be built on a vacant lot at 53-75 Leinster Street. This lot is surrounded by a number of older homes. Many of our clients own or reside in properties that abut the lot earmarked for Leinster Court. Throughout this process, our clients have sought simply to ensure that the heritage quality of the neighbourhood is maintained, and that the Project IS constructed and designed in such a fashion that "fits" with surrounding homes. 2 Mayor Norm Mcfarlane CITY HALL December 4, 2006 In fact, the discussions between the Developer and the neighbourhood have significantly improved the design of the Project. Everyone involved should be commended for this. The Project has benefited from: ~ Mansard-style roof ~ Dormer/gabled windows ~ roof line reduced by 3 feet ~ exterior treatments consistent with heritage neighbourhood A STAB AT A SOLUTION While some cosmetic changes have been made to the Leinster Court plans to accommodate the heritage look of the neighbourhood, one more significant change needs to be made to sustain the community's unique heritage character. The applicable Municipal Plan (Medium Density Residential) provides that, while "it is desirable to have a relatively high density residential concentration situated as close as possible to the uptown, such a focus should recognize and preserve the unique heritaQe character of the older central part of the city... redevelopment for residential uses in the Central Peninsula will be limited in extent and confined to those locations where it can be designed in a manner which is compatible with the character, scale, density, and Quality of existino residential development." With this in mind, our clients consulted with a highly-skilled and qualified Municipal Planner, Dr. Robert Shipley, to obtain his comments on the designs submitted for the Leinster Court Project. Dr. Shipley specializes in the economics of heritage, heritage tourism (a treasure in Saint John), and the property values of historic buildings. He is perfectly suited to provide some expert advice in this instance. While Dr. Shipley was of the view that the current proposal was inappropriate for the site and surrounding area, he made some constructive comments on how to best incorporate the Project into the neighbourhood while preserving its historic character. A number of his recommendations have been adopted by the Developer, with the exception of the following. Dr. Shipley recommends - and we are requesting - that the building be repositioned to the edge of the street in order that it duplicate and align with the urban 3 Mayor Norm McFarlane CITY HALL December 4, 2006 pattern in the area (buildings on King and Leisnter Streets sit almost directly on the street without setbacks). The rationale behind this recommendation is addressed in Dr. Shipley's reports dated December 11th (as presented to PAC) and December 18th (received today). He has reviewed all the existing plans, the last set provided to him by the Developer, Saint John Non-Profit Housing. In his latest report, Dr. Shipley speaks to the location of the building on the property and the proposed set-back contemplated by the Developer. He says, One of the thinas I noticed immediately in the new plan was the set back from Kino street and the proiecting winos. These same features are present in the original design and I had expected in reconsidering the layout of the building, the developer might have reconsidered these aspects.. . ... "Urban spaces should be framed by architecture and landscape desion that celebrate local history, climate, ecolooy, and buildino practice". In other words, while not necessarily imitating older buildings we should draw our design inspiration from what has "worked" in our own communities in the past. What one sees on Kino and Leinster Street neiahbourhood is buildinas which all sit almost directly on the street without setbacks. This is the urban pattern in this area of Saint John and has served well. So, in my opinion, the proposed buildina could be moved forward to address the street in a oenuine/y urban way like its neiohbours. What is the cost of this proposed change to the plan for Leinster Street? Not as much as one might expect. Indeed, although the construction phase has already begun on this project (despite a pending appeal on the zoning variances), what has been done so far can be revised with some modest cost and an actual improvement to the Proiect itself. Please find enclosed a brief report from Johnson Engineered Solutions Limited dated December 16th, 2006. It suggests the following could be accomplished with little disruption to existing work done: ~ flip the building from back to front, place it as close to the street as the existing front foundation wall; 4 Mayor Norm McFarlane CITY HALL December 4, 2006 ~ extend the underground parking level to include the revised footprint of the building, thereby creatina additional storaae spaces (as the actual storage area in the current plan is very small for a 52 unit building); ~ extend the roof for the parking garage and storage space. Cost of this redesign is estimated to be $75,000.00-$90,000.00 (including design changes by consultants and construction costs). This is reasonable, and certainly not outside the scope of a $2.6 million dollar project. FORMAL OBJECTIONS BY OUR CLIENTS We would be remiss if we failed to document our clients' formal objections to this application for a Special Zone for the Leinster Court Project. This re-zoning application should be denied for the following reasons: 1) Size of the building The Leinster Court Project will sit 56.84 feet tall, as compared to neighbouring residential properties in the range of 25 to 35 feet tall. The land in question consists of 2,770 square meters, while the zoning by-laws require a minimum lots size of 6,540 square meters. Despite this, the Project was granted a variance of the zoning by-law to allow construction to proceed, for a building that will essentially be 236% larger than standard, with insufficient surrounding parking space, and exceeding occupancy rates for such a small parcel of land. 2) Right of Appeal The Leinster Court Project was granted a variance of an existing by-law for the lot in question, to allow construction to proceed. This variance is the subject of an appeal to the Assessment Planning Appeal Board. It is also noteworthy that this application for a special zone is essentially the same as the variances sought previously. Common Council is being asked to decide the same matter twice. This application for a "special zone" is redundant, as all variances requested have been granted. The Applicant stipulates that the special zone is required in order to "address unique issues surrounding the development" and to "provide 5 December 4, 2006 Mayor Norm McFarlane CITY HALL surety on this matter". In essence, this application for a special zone is simply a mechanism to side-step a pending appeal on the previous zoning variance. If this is allowed to proceed, all the work done in the previous application will be lost. We thank you for receiving these comments and appreciate your time and consideration of this matter. Yours very truly, LAWSON & CREAMER ~M~ Nathalie L. Godbout NLG/cc cc: Members of Common Council l\~ f Johnson Engineered Solutions Limited 323 Mapl6 Row. Saint John, NB E2M 2A4 Telephone (506) 635~4996 Fax (506) 672-5185 E-Mail 6olution@nlmet.nb.ca December 16, 2006 ~ Via Fax 633-0465 I Mr. Mel Norton Lawson & Creamer PO Box 6787. Station A Saint John. NB E2l4S2 Re: Leinster Court Dear Sir: I have reviewed the construction progress on site as well as the outline plans that you provided for my review. Your heritage consultant has proposed modifying the structural fonn to move the centre of the building as close to the street as the east and west wings to provide a unifonn setback similar to the buildings on Germain Street. The project is currently partly constructed with the excavation nearly complete, more than 50% of the footings installed and about 25% of the foundation walls in place. In order to achieve the heritage consultant's concept. I suggest that a reasonable approach would be to 1 . flip the building above the parking level from back to front and place it as close to the street as the existing front foundation wall 2. extend the parking level to encompass the revised footprint of the building. The areas created on the parking level could become additional storage spaces. engineer!? and management con6ultants building brid~es between the pre6ent and the fut.ure Mel Norton Re: Leinster Court December 16, 2006 Page 2 of 2 1. cost of providing an additional :I: 2600 square feet of storage space 2. changes to the design of the roof of the parking structure to accommodate a revised layout fro the building 3. additional architectural and engineering fees for redesign The cost of creating the additional storage space in the centre of the building should be relatively small as three ofthe walls are in the current plans. In addition to the additional storage space in the centre of the basement, the storage space on the east side of the structure would need to be enlarged. On the east side a door would have to be cut into the foundation wall or a modified foundation system provided where the foundation wall has already been completed. On the west side of the building the additional storage space could be easily provided as these walls have not been started. The additional storage spaces require only a low level of finish. The space would be useful as the actual area of the proposed storage rooms is very small for a 52 unit building. Costs in the range of $50,000 to $70,000 should provide the additional space with littte modification to constructed elements already installed on the site. The changes in the design of the roof of the parking garage would appear to be significant but would not necessarily be very expensive. An allowance of $10,000 would be reasonable cost to account for changes in this part of the structure. Finally, the consultant team would want additional fees to make these changes. As the major changes have been discussed above and the upper part of the structure could essentially be flipped front to back, the cost of these design changes should be modest, probably in the order of $15,000. If I can be of further assistance, please call. engineers and management consultants building bridge!> between the present and the future C\} r" Robert Shipley - PhD, MCIP, RPP 2 Ellen Street East Kitchener, Ontario, N2H 1L4 December 18, 2006 Mr. Mel Norton Lawson & Creamer Suite 801 133 Prince William St. Saint John, New Brunswick, E21 2B5 Dear Me!: Re: Leinster Court Project 53-57 Leinster Street, Saint John, NB The following are statements that I hope address your questions. I) Confirm that I have seen the information provided by Mr. Lawrence... On December 15,2006 I received a communication from Mr. Lawrence of de Stecher Appraisals Ltd. which included a "new" set of drawings and plans for the subject building. I have been able to review these plans. 2) Confirm that I have been to Saint John in the past and to the Leinster Street! King Street East area. . . I have visited Saint John on many occasions in the past and at one time, while considering an offer to work at the Shipyard, I viewed one of the houses on King Street with a real estate agent. In the event I did not take the job or buy the house but I am familiar with the area. 3) Provide us with your comments about whether moving the building closer to the sidewalk would be beneficial in terms of creating a development more in keeping with the existing buildings. . . One of the things that I noticed immediately in the new plan was the set back from King Street and the projecting wings. These same features are present in the original design and I had expected in reconsidering the layout of the building the developer might have reconsidered these aspects. I am a strong proponent of what is called "New Urbanism," a movement officially begun in 1993 by architects such as Peter Katz, Elizabeth Plater- Zyberk, Andres Duany Peter Calthorpe and others. Although originating in America this approach to architecture and urban design is now embraced in many places and was recently the subject of an address given in Toronto by Mr. Hank Dittmar, Chief Executive of the UK based Prince rif Wales Foundation for the Built Environment. One of the central statements of the Charter rifNew Urbanism is that "urban places should be framed by architecture and landscape design that celebrate local history, climate, ecology, and building practice." In other words, while not necessarily imitating older buildings we should draw our design inspiration from what has "worked" in our own communities in the past. What one sees in the King and Leinster Street neighbourhood is buildings which all sit almost directly on the street without setbacks. That is the urban pattern in this area of Saint John and has served well. So, in my opinion the proposed building could be moves forward to address the street in a genuinely urban way like its neighbours. 4) Advise/ re-confirm why, if at all, that would be beneficial to Saint John... I believe such a design treatment would set a good precedent and further allow the design of this building to lead the way in contributing to development that is sensitive to and supportive of Saint John's heritage character. Yours Sincerely Robert Shipley