2010-05-10_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaireCity of Saint John
Common Council Meeting
Monday, May 10, 2010
Location: Common Council Chamber
Supplemental to Agenda
5.21 License agreement to Operate a Horse Barn in Rockwood Park
9.3(c) Letter of Opposition for Proposed Zoning By -Law Amendment 1000 Sandy Point Road
9.4 (c) Letter of Opposition for Proposed Rezoning at 210 Lakewood Ave
10.3 Proposed Municipal Plan Amendment for 47 -51 and 63 -69 Ross Street and 72 -74 St.
James Street;
13.3 Committee of the Whole: Recommended Appointments to Committees
13.4 Committee of the Whole: I.A.F.F. Local 771 v. The City of Saint John Disability Pension
Grievance Judicial Review
City of Saint John
Seance du conseil communal
Le Lundi 10 Mai, 2010
Lieu : Salle du conseil communal
Ordre du jour supplementaire
5.21 Permis visant 1'exploitation d'une ecurie a I'interieur du parc Rockwood
9.3 (c) Lettre d'opposition au projet de modification de L'Arrete de zonage 1000 rue Sandy Point
9.4 (c) Lettres d'opposition au projet de modification de L'Arrete de zonage 210 rue Lakewood
10.3 Projet de modification du plan municipal relatif au terrain situe au 47 -51 rue Ross et 72-
74 rue St. James
13.3 Comite plenier : Recommandations de nominations pour sieger aux
Comites
13.4 Comite plenier : section locale 771 (IAFF) c. The City of Saint John dans I'affaire du
grief lie a la fin des prestations d'invalidite.
(P*--
SAINT JOHN
May 10, 2010
Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors,
Re: License to operate a Horse Barn in Rockwood Park.
At its meeting on February 15, 2010, Common Council in Committee of the
Whole resolved to make an offer to Lees Doley to enter into a License Agreement
for the operation of a Horse Barn in Rockwood Park, for the benefit of the general
public. Council resolved to give Ms. Doley 60 days to accept the offer.
In keeping with Council's direction, staff made an offer to Ms. Doley, who
accepted the City' offer. The purpose of the this report is to seek Council's
authority to enter into a License Agreement with the corporate entity known as
Turn of the Century Trolleys Inc., which is owned and operated by Ms. Doley, to
operate the Horse Barn in Rockwood Park.
RECOMMENDATION
That Common Council approve a License Agreement with Turn of the Century
Trolleys Inc. in the form and on the terms and conditions as attached for a term of
10 years and that the Mayor and Common Clerk be authorized to execute the
License Agreement.
ectfully mitted,
atrick Woods CGA
Y' Manager
P.O. Box 1971 Saint John, NB Canada E2L 40 I www saingohn.ca C.P. 1971 Saint John, NA. Canada EZL 40
THIS LICENSE made in duplicate as of the day of , 2010.
BY AND BETWEEN:
THE CITY OF SAINT JOHN having its City Hall at
15 Market Square, Saint John, New Brunswick, a body
corporate by Royal Charter, confirmed and amended by
Acts of the Legislative Assembly of the Province of
New Brunswick, hereinafter called the "Licensor"
and —
TURN OF THE CENTURY TROLLEY TOURS
INC., a body corporate under the laws of the Province of
New Brunswick, having offices in the City of Saint
John, hereinafter called the "Licensee"
-and-
LEES DOLEY, of the City of Saint John, in the County
of Saint John, and Province of New Brunswick;
hereinafter called the "Guarantor"
RECITALS:
WHEREAS the Licensor is the owner of lands bearing PID No. 52548, a portion
of which is highlighted in red on the attached Schedule "A" which forms part hereof (hereinafter
the "Lands");
AND WHEREAS situate upon the Lands is a red Horse Barn owned by the
Licensor as part of Rockwood Park (hereinafter the "Horse Barn ");
AND VMFJ EAS the Licensor has agreed to give the within License over the
Lands under the terms and conditions hereinafter set forth;
NOW THMtE•FORE IT IS AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
1. The parties hereto agree that this agreement is to be and constitutes a License,
and that the laws of the Province of New Brunswick shall apply to same.
2. By this License the Licensor hereby permits the Licensee to enter into and upon
and exit from the Lands for the sole purpose of operating the Horse Barn. on.the following terms
and conditions and subject to the terms and conditions set out in Schedule "B ", all of which the
Licensee accepts and agrees to observe, perform and abide by.
License Agma=[
The City of Seine John and Lam Doley
As of April 9, 2010
Page 2 of 12
3. The Guarantor, for her part, hereby irrevocably and unconditionally guarantees
the due and punctual performance of all of the Licensee's obligations to the Licensor under this
License Agreement, as such License Agreement may from time to time be amended, renewed,
supplemented, replaced or otherwise modified.
4. This License shall be for a period of ten (10) years, commencing June 1, 2010
and shall remain in force unless terminated as hereinafter provided.
5. The Licensee shall advise the Licensor in writing at least three months prior to
the expiry of the within granted License whether it intends to negotiate with the Licensor to enter
into another similar License upon the expiry of the within granted License.
5, The Licensee's operation of the Horse Barn shall be as follows:
(a) The Licensee shall open the Horse Barn and the compound area to the public
between May 1" and Labour Day of each year; and the Licensee, during this time,
shall allow the public access to the compound area, the horses, and the farm animals,
if any;
(b) The Licensee may close its operations one day per week;
(c) The public may have access to view the horses at any time. Full access to the horses
shall not be permitted when the Licensee's operations are closed;
(d) The public shall only be allowed to access the Horse Barn with the Licensee' consent
and any person accessing the Horse Barn shall be accompanied by Horse Hare Staff;
(e) The Licensee may offer horseback riding to the public year round on the trails
designated by the Licensor for this purpose as shown on the attached Schedule "D';
(f) The Licensee may offer sleigh rides to the public in the winter on the trails
designated by the Licensor for this purpose as shown on the attached Schedule "D ";
(g) The Licensee may offer wagon rides to the public year round on the trails designated
by the Licensor for this purpose as shown on the attached Schedule "D ";
(h) The Licensee may have access to and from the stables over the Lands with carriages
or trolleys in relation to the Licensee's operation of its "Turn of the Century Trolley
Tours Inc." business;
(i) The Licensee shall be responsible for the security of the Horse Ban and compound
area at all times and shall keep all locks in good working order at all times.
License Agreement
7bc City of Saint 3otm and Lets Doley
As of April 9, 2010
Page 3 of 12
7. The Licensee shall pay to the Licensor for the privileges herein granted the sum
of two dollars ($2.00) Dollars per year, in each year during the term hereof and the first of such
payment shall be due and payable on the I" day of June, 2010 and hereinafter yearly on the
anniversary date during the term hereof.
8. No transfer or assignment of this License or of any of the rights or privileges
herein granted shall be made, or caused or permitted to be made by the Licensee.
9. Notwithstanding any other provisions of this License, this License may be
terminated at any time by the Licensor immediately upon giving seven (7) days prior written
notice to the Licensee if, in the reasonable opinion of the Licensor, the Licensee is in default of
any of the terms and conditions of this License. Notwithstanding the foregoing, the Licensor
shall not terminate the License if, in the reasonable opinion of the Licensor, the Licensee has
corrected the default prior to the expiry of the seven (7) day notice period.
10. In the event of a natural, human, or any other catastrophe which prevents the
Licensee from performing its duties under this License, the License will be terminated.
Catastrophes include, but are not limited to, the loss of the barn, loss of life — human or animal
and bankruptcy of the Licensee.
11. The Licensee hereby covenants and agrees with the Licensor as follows:
a) That, in return for the privileges herein granted, it shall provide security services
for Rockwood Park year round. Said security services shall include, but shall not
be limited to, roaming and monitoring the park at periodic intervals, and calling
the police if need be;
b) that it shall control access to Rockwood Park by opening and closing the gates at
times specified by the Licensor year round;
c) subject to section 6 (a) hereof, that it shall be permitted to control access to the
Horse Barns and area of the Horse Barns;
d) that it shall open and close the gates to the Children's' Play Park at times
specified by the Licensor,
e) that it shall be responsible for the first Three Thousand ($3,000.00) Dollars of
costs for maintenance, repairs and improvements to the Horse Barn and other out
buildings in each calendar year, if and when required;
f) that it shall not have any claim against the Licensor-for-loss or damage of any
nature, kind or description whatsoever arising from the exercise or purported
exercise of the License herein granted, unless such loss or damage is due to the
negligence of the Licensor or its employees, servants or agents;
Lloense Agreement
The City of Saint John and Lees Doley
As of April 9, 2010
Pago 4 of 12
g) that it shall obtain and keep in force during the entire term of this License,
commercial general liability insurance for bodily injury and property damage,
which coverage shall have an inclusive limit of not less than Two Million
($2,000,000.00) Dollars. The aforesaid policy of insurance shall narne the
Licensor as an additional insured and shall contain a cross - liability clause.
And, at the time of the execution of this License and every year thereafter, it shall
provide a Certificate of Insurance to the Licensor evidencing the insurance
coverage described herein and providing that the coverage shall not be altered or
cancelled without the insurers giving thirty (30) days notice in writing to the
Licensor prior to any such alteration or cancellation;
And in the event the Licensor receives notice from the insurer that it intends to
cancel or alter the said insurance coverage, the Licensor may arrange for the
continuation of the coverage required and recover. the cost of such coverage from
the Licensee, who shall pay the Licensor for such cost immediately upon request
by the Licensor.
h) that notwithstanding any clauses herein contained, the Licensee does hereby
indemnify and save harmless the Licensor from all costs, expenses, damages,
claims, demands, actions, suits or other proceedings- by whomsoever made,
brought or prosecuted in any manner and whether in respect of property owned
by others or in respect of damage or injury sustained by others based upon or
arising out of or in connection with this License or anything done or purported to
be done in any manner hereunder;
i) that it pay all utility usage costs, including but not limited to costs in connection
with hydro and telephone which during the term of this License shall be
chargeable upon or become payable in respect to the operation of the Horse Barn;
j) that it shall pay all other charges, federal and/or provincial taxes, rates and
assessments of whatsoever description which during the term of this License
shall be chargeable upon or become payable in respect to the operation of the
Licensee;
k) that it shall be permitted to place onto the Lands a modular or mobile home to
serve as a residence for employees of the Licensee at its costs and expenses at the
location of the former City owned Mobile Home and that it shall obtain and
connect water, septic and utility services to said modular or mobile home at its
costs and expenses; and the Licensee acknowledges that the Licensor makes no
representations or warranties regarding the condition and quality of the water the
Licensor will make available to the Licensee on the Lands;
1) Should the Licensee place a modular or mobile home on the Lands, such modular
or mobile home shall be acceptable to the Licensor and shall meet the
License Agree n m
The City of Saint John mW Lars Dolay
As of April 9, 2010
Page 5 of 12
requirements of the Building Code and of any applicable by -laws and provincial
and federal legislation;
m) Should the Licensee place a modular or mobile home on the Lands, it shall be
responsible for the septic system that services said modular or mobile home and
any costs related thereto, including but not limited to repair and replacement
costs.
n) that it shall ensure that adequately trained staff are on site at all times when the
site is open to the public;
o) that it shall ensure that all vehicles used by the Licensee in connection with the
operation of the Horse Baal obey all the regulations of Rockwood Park while on
Paris premises;
p) that is shall ensure that all vehicles used by the Licensee in connection with the
operation of the Horse Barn have current motor vehicle inspections as required
by provincial legislation;
q) that it acknowledges that the main Horse Barn is on site and that it shall ensure
that the said Horse Dam remains onsite at the end of the term;
r) that it shall, no later than April 1'r of every year during the term hereof, provide
to the Licensor copies of all fees and schedules for operation for the upcoming
year;
s) That it shall only use those trails designated by the Licensor in Schedule D
attached hereto, and that it shall ensure that its Borders also only use those trails
designated by the Licensor in Schedule D attached hereto;
t) That it shall monitor those trails designated by the Licensor for the use of the
Licensee and when, in the reasonable opinion of the Licensee, it is deemed
necessary, it shall involve the local Police Force;
u) That it shall either clean up the horse manure every day between the Horse
compound and the head of each trail designated by the Licensor for the use of the
Licensee and on the paved roads used by the horses or it shall bag the horses
every time they leave the Horse Barn.
v) that it shall not conduct the retail sale of food or drink at any time from the
licensed lands saving and excepting vending machines for the supply of non-
alcoholic beverages;
License Agreement
The City of Saint John and Lees Doley
As of April 9, 2010
Page 6 of 12
12. The Licensor, for its part, covenants and agrees with the Licensee as follows:
a) that it shall permit the Licensee to place or erect a modular or mobile home to
serve as a residence for employees of the Licensee at the location of the former
City owned Mobile Home on the Lands. This modular or mobile home shall be
placed or erected by the Licensee at its costs and expenses, it shall remain the
property of the Licensee at the expiration of the License, and it shall be removed
by the Licensee at its costs and expenses prior to the expiration of the License.
Should the modular or mobile home placed by the Licensee on the Lands not be
removed at the expiration of the License, said modular or mobile home shall
become the property of the Licensor do to with as it pleases with no recourse to
the Licensee;
b) should the Licensee place a modular or mobile home on the Lands, the Licensor
shall not provide utility, sewer or septic services to said home, and the Licensor
makes no representations or warranties regarding the quality and suitability of the
sewer or septic services available to the Licensee on the Lands;
c) should the Licensee place a modular or mobile home on the Lands, the Licensor
shall provide water to the modular or mobile home for the term of the License,
however the Licensor makes no representations or warranties regarding the
quality and suitability of the water it will provide to the Licensee on the Lands;
d) should the Licensee place a modular or mobile home on the Lands and determine
that the water provided to the Licensee by the Licensor on the Lands is not
suitable for human consumption, the Licensee shall purchase and obtain its own
potable water;
e) that it shall provide water to the Horse Barn for the term of the License, however
the Licensor makes no representations or warranties regarding the quality and
suitability of the water it will provide to the Horse Bam on the Lands;
f) that, in the event that the Licensee requests that fences be repaired., the Licensor,
at its discretion, may share the cost of repairing and maintaining the fencing on a
50150 basis with the Licensee;
g) that it does not guarantee uninterrupted roadway access to the Lands for
deliveries, visitation or patronage of the Licensee's business and the Licensee
hereby releases and forever discharges the Licensor, its officers, agents,
servants, and employees from and against any claims, demands, proceedings,
losses, damages, costs or expenses arising out of or in connection with the
interrupted or blocked access to the Lands for any amount of time;
h) that it shall work with the Licensee to develop the -list -of rules for horseback
riding in Rockwood Park;
License Agtecmcnl
The City of Saint John and Lee9 Uoley
As of April 9, 2010
Page T of 12
i) that the trails that may be used for horseback riding, sleigh trafls and wagon trails
are designated in Schedule D, and the Licensor reserves the right, upon giving
the Licensee 7 days written notice, to change or close some of those trails from
time to time;
j) that it shall make available for use by the Licensee the equipment listed in
Schedule "C" provided that replacement of equipment shall be the responsibility
of the Licensee and shall become the property of the Licensor upon termination
of the License;
k) that it shall maintain fire insurance on the Horse Barn located on the Licensed
Lands. The Licensee shall maintain adequate fur insurance for the contents of
any buildings located on the Licensed Lands, including the Horse Barn, and for
any new buildings added to the site;
1) that it hereby grants to the Licensee, its servants, agents, employees and
contractors permission and license to enter into and upon the lands of Rockwood
Park for the purpose of gaining access to and egress from the lands shown on
Schedule "A" and further it grants permission and license to the Licensee, its
servants, agent, employees, contractors and invitees in common with all other
persons legitimately using the Rockwood Park area to use the parking lots and
access roads in connection with the exercise of this License;
m) the Licensor grants permission to the Licensee to operate a Children's Petting
Farm, if they so desire, within the site as outlined in Schedule "A ";
IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
13. That the Licensor may provide ongoing input in the presentation of the site which
shall be complied with forthwith by the Licensee.
14_ That the Licensor may conduct periodic inspections of the site and any and all
deficiencies, as reasonably determined at the discretion of the Licensor, shall be remedied
forthwith by the Licensee.
15. That the Licensee and Licensor acknowledge that the operation of the Horse Ban
is seen as part of the general operation of Rockwood Park, and that any and all initiatives,
developments and program changes to the operation of the Horse Barn, must be compatible with
such general operation and must have the prior written approval of the Licensor.
License Agre=cnt
The City of Silm John and leis Doley
As of April 9, 2010
Page 9 of 12
16. Notices required under this License shall be in writing addressed to the addressee
at its address for service as set forth below:
For the Licensor: Attention: Administrative Officer
Address: Leisure Services, The City of Saint John
P.O. Box 1971
Saint John, N.B. EM 4L1
Telephone No.: (506) 658 -2908
For the Licensee: Attention: Lees Doley
Address: P.O.Box 686
Saint John, NB
E2L 4A5
Telephone No.: (506) 642 -3222
17. AND FURTHER, the parties mutually agree that
(a) subject to paragraph (b) hereof, the Licensee must comply with the Licensor's
requirement to reroute or suspend the operation of the Licensee's trail rides,
wagon rides and sleigh rides should the Licensor determine in its sole and
absolute discretion that such is warranted in order to accommodate events or
activities planned for Rockwood Park;
(b) the Licensor shall not exercise its rights identified in (a) hereof, until it has
given the Licensee seven (7) days written notice of its intention to do so, and
afforded the Licensee an opportunity to respond to that expressed intention
within the five (5) days immediately following receipt of such notice;
(c) in the event of the Licensor's exercising its rights pursuant to (a) and (b)
hereof, the Licensee hereby releases and forever discharges the Licensor , its
officers, agents, servants and employees from and against any claims, demands,
proceedings, losses, damages, costs or expenses arising out of or in connection
with the Licensor's exercising its rights hereunder.
License Agreement
The City of Saint John and Las Doley
As of April 9, 2010
Page 4 of 12
THIS LICENSE shall enure to the benefit of and be binding upon the successors and
permitted assigns of the parties hereto respectively.
SIGNED, SEALED & DELIVERED }
In the presence of: }
Val 0
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
TURN OF THE CFNTURV47[tO)LOAi'
TOURS INC. f ',;
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Per:
Lees D 1 y, President
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License Agreement
7be City of Saint John and Lees Doley
As of March I, 2010
Page 10 of 12
SC EDULL{' "B".
SPECIFIC CONDITIONS — HORSE BARN
The Licensee will provide for all maintenance, i.e. feeding, grooming, shoeing and regular
veterinary checks of its horses, and shall provide the Licensor with copies of any and all reports
with respect to the said veterinary checks.
Any and all rides from the Horse Barn or in connection therewith, must be escorted by a staff
person in the employ of the Licensee.
The Horse Barn and surrounding premises are to be kept clean and all manure will be stored on
site and removed as required.
The Licensee play, upon the prior written approval of the Licensor, perform renovations to the
Horse Barn.
The Licensee will provide pony rides at suitable times at rates set by the Licensee but shall ensure
that all staff working in connection with said pony rides are experienced and able to handle the
animals in an appropriate manner, and know how to respond to emergency situations.
Any and all staff employed by the Licensee must be experienced and able to handle animals and
large horses and know how to respond to emergency situations.
The Licensee is free to set rates for rides, but must be available weather permitting, to offer these
rides on a daily basis.
The Licensee may provide box stalls at a set rate per month each, and provide basic feed and
cleaning to privately owned horses for the stabling of said horses.
The Licensee may offer horse riding lessons to the general public provided such lessons are under
a qualified instructor.
License Agreement
The City of Saint John and Lees DoIey
As of March I, 2410
Page 11 of 12
SCFIEDULE "C"
LEISURE SERVICES INVENTORY
LOCATION: ROCKWOODPARKBARN
Quanfity Description
1 Main Barn
1 Barn -Type Tool Shed
Schedule D
ROCKWOOD PARK
Horseback Riding Trails
Sleigh / Wagon Rides
lune 1, 2010
A.
9
Legend
Horseback Riding Trails
Sleigh Rides / Wagon Rides
0 mw 600
1,1�
Norman & Sandra Robichaud
940 Sandy Point Road
To The Mayor and Council;
We received a letter dated April 19, 2010 from the Planning Advisory Committee
informing us that an application had been submitted by the Terrain Group to have
the property located at 1000 Sandy Point Road rezoned from a "RS 2" One and
Two Family Suburban Residential to a "RM 2" High Rise Multiple Residential.
This letter also provided me with the next date of the Planning Advisory
Committee's next meeting on Tuesday, May 04, 2010, which prompted me to call
Mr. Jody Kliffer on this same date regarding the rezoning application and then e-
mailing him some of my concerns prior to the meeting of, May 04, 2010, which I
attended.
We are now the sole residents in this area and I would greatly appreciate to see
the area retain its rural setting, therefore I wish to oppose the applicant's proposal
for a variance regarding the reducing of the front and rear yard setback at this
location as per the letter I received dated, April 19, 2010. 1 also oppose the
recommendation located in the report prepared April 30, 2010 by Community
Planning for the Planning Advisory Committee recommending a rezoning of this
parcel of land but denying the applicant's request for the reductions in the front
and rear yard setback and then listing it's own reductions for the front and rear
setback.
I am asking council here today to please listen to my concerns regarding the
placing of a high -rise building in this area. This proposed project concerns me
because of the potential damage to my property and the changing of the landscape
which would eliminate a natural habitat for dozens of white -tail deer whom I
would suspect would end up relocating some to other locations in Millidgeville. I
have attached a couple of photos showing the close proximity of 1000 Sandy
Point Road to 940 Sandy Point Road.
9-A!
N
FW
�74
a
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
ExecuOve Summary
INTROdUCTION
• We are the Lakewood Heights Residents Group (LHRG), seeking
rejection of the proposed rezoning and development at 210 Lakewood
Avenue
• The numbers in LHRG - Petition with 97 names, representing owners of 22
damaged homes, and having 67 families in active communication
IMMEdIATE CONCERNS
• Water Damage Via Sewerage Backup
• Water Damage Via Surface Runoff
• Traffic Dangers
• Traffic Impact To Road Conditions
• Structural Damage to Dwellings
• Noise Pollution
• Increased Taxes
• Degraded Quality of Life
AddiTIONAI CONCERNS
• Extensive evidence that the city and developer(s) want much further
development
• That the "only 10 lots" approach is a "smoke screen"
• The City has not shown success of "checks and balances" in northwest
Lakewood Heights development — why expect any different re the 210
Lakewood Avenue development area?
• This developer "doesn't know what all the fuss is about" — trivializing concerns
• Must not further degrade an old development in poor repair via adding onto it
— it will not work!
• Mr. Groody feels that further development in Lakewood Heights would be the
wrong thing to do
IN SUMMATION
• Not anti - development, but development needs to be done properly
• Developer and Planning seem "joined at the hip ", promising a few "quick hits"
to placate the residents
• But we have many valid concerns that are not so easily addressed
• By approving the application associated to 210 Lakewood Avenue, you are
saying that the concerns of a large number of residents don't matter
Request to City of Saint John Common Council
From
The Lakewood Heights Residents Group
May 10, 2010
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
INTROdUCTION
Trying to sell the community on rezoning to build more than 100 high - density homes
rang alarm bells loud and clear back in January of this year. But by adopting the strategy
of introducing very gradual change, the City and developers hope to reach their end -goal
by flying "under the radar". Who could reject an application to develop "only 10 lots "? My
initial thoughts and comments to Mr. Purinton re the reduced scope of his most recent
application were that of acceptance — I had even had a quick thought about purchasing a
small strip of buffer land, though I believe that land to now be too expensive for my
budget. But the more I thought about it, the more I researched, and the more I talked
with others in the neighborhood, I eventually came to the same conclusion as many
other residents within the community of Lakewood Heights whom I represent. This is not
good for the community and we ask you to reject this application.
LAEUi/OOd HEIQ[m RESIdENT5 GROUP
Before I go any further into this document, when I speak of "the folks I'm representing ",
we have a petition of 97 residents (see Appendix A) who °oppose the development of
the property at 210 Lakewood Avenue ". We have 22 residents who have indicated
tangible damage such as cracked foundations and /or water damage to property,
potentially due to unresolved or new environmental issues within the community. And we
have contact information for 67 households who wish to receive further communications
regarding the status of this application. Combining this into a body of concerned
residents, we have formed the Lakewood Heights Residents Group.
' "ONIY 10 LOTS' — AE URECT CONCERNS
That said, back to the meat of the document. Putting aside for a moment the extremely
strong concerns that this is just "Phase 1" of much more development yet to come,
concerns even abound regarding the application for "only 10 lots". And keep in mind, "10
lots" potentially represents 20 new families (as these lots allow 2- family homes). Based
on reliable statistics, this potentially represents 33 vehicles new to our neighborhood'
(not counting visitors). Putting this into perspective, this represents more than 50%
growth (20 new families / 37 existing families) on Lakewood Avenue. So now that we
have a better appreciation of "only 10 lots ", let me mention specific concerns:
• Water Damage Via Sewerage Backup — In recent limited canvassing of the
neighborhood, we leamed that at least 9 homes have recently experienced flooded
basements from sewerage backup, some of those for the first time in their ownership
history, with some of the homeowners being told by their insurance companies that
they will no longer be covered for water damage. It is a very costly issue that has not
Estimate of vehicles utilizing the more conservative value of 1.65 vehicles per family. This is based on
following calculation: "...this CBC article that gives some summary statistics for Canadian roads.
http:// www. cbc.ca/fifthlroadwarriors/tre... It gives a total number of passenger vehicles in Canada as 17.92
million. The article's copyright date is 2007, so let's assume that's a 2006 figure. The 2006 Canadian
population was 32.576 million. That gives .55 passenger vehicles per person. Average family size that year
was 3.0, thus average cars per household would be something like 1.65." An American study provided this
data: "TheEIA (Energy Information Administration) released a report in 2001 showing that on average
America alone has about 1.8 (1.785) cars per household."
2
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
been addressed, and by all accounts, the issue is getting worse (likely aggravated by
the upstream development in northwest Lakewood Heights). Adding more homes to
this already faulty infrastructure will increase the risk of repeated damage in homes
already having sustained contamination, and spreading to homes further up the tine.
Water Damage Via Surface Runoff — Though the developer has indicated that
there is little need for concern, that the water will be routed away from the downhill
homes, water has a way of picking its own route. And the new development would be
"upstream" of other homes on Lakewood and lower Lakeview Avenues. At present,
rain cascades down the developer's existing driveway, adding to the community's
water burden. And even if the developer succeeds in routing water away from
existing homes, surface runoff will be routed downhill toward Graham's Brook and
other provincially protected environments. Late breaking news re surface water
drainage. In PAC on May 4, the developer indicated that he may instead drain
surface water via installing storm drains. The bad new Mr. Putinton is that such a
move shifts it back to the sewerage issue. No matter where the water is diverted, it
will be an issue.
Both of these last two concerns related to water damage, would be severely
aggravated by the issue with the sewerage lift station at the bottom of David Street.
According to our research, this pumping station was installed in 1980, for an 1980
load from the north half of Lakewood Heights. Since that time, significant expansion
in Lakewood Heights has driven that lift station to full capacity. The pumps cannot
handle any additional load, and the pipes are of insufficient diameter to handle any
additional load. End result if more water - absorbing vegetation is removed and the
sewerage lines are extended - more basements will flood when the heavy rains
come. It will happen.
• Traffic Dangers — The route to the proposed new development is frequented by
many young children, people walking, biking, and playing hockey — this supported by
a committee setup by the City to encourage healthy living through exercise. Yet
sidewalks on Lakewood and Willie Avenues are non - existent, ditches are deep and
often water - filled, and these streets are narrow. Lakeview Drive has become a main
thoroughfare, has had traffic increased by development in the northwest side of
Lakewood Heights, and suffers from speeding drivers. Lakewood Avenue and
Lakeview Drive comprise a school zone, with heavy morning congestion and a lone
crosswalk just over a blind knoll. The teachers are concemed and the parents are
concemed. It absolutely does not make sense to add more traffic to this
infrastructure already at risk.
Traffic Impact To Road Conditions - Lakewood Avenue contains a number of
patches, widening cracks, heaves, and gullies. Increased traffic will further degrade
the condition of this road, especially with the flow of trucks and heavy equipment
associated to the new housing development build. Though it had been indicated at
the May 4 PAC meeting that Lakeview and Willie are scheduled for resurfacing within
the next two or three years, apparently Lakewood Avenue is not scheduled for any
short-term treatment.
• Structural Damage to Dwellings — It's currently up for debate as to whether
blasting would be required to facilitate basements in new homes and/or for water and
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
sewerage lines. The land within the vicinity of the proposed development is
inundated with veins of slate and other rock types. One needs look no further than
the current development in northwest Lakewood Heights, or under my garage, or
even in the applicant's driveway — the rock is everywhere. And should blasting be
required, the 50 year -old neighboring foundations will crack. It happened in multiple
cases near the northwest development.
Noise Pollution - My live -at -home daughter is a shift- working nurse. So too is the
woman diagonally across the street. So too likely are other people along the
Lakeview I Lakewood route to the development zone. With daily blasting or drilling,
cutting, hammering, and truck traffic associated to the build, these people are not
likely to gain much daytime sleep. In addition, seniors and babies requiring daytime
rest will almost certainly bear some burden from noise associated to the build.
Another hit to quality of life.
• Increased Taxes - New development equals increased taxes on my home - this is a
pretty consistent pattern. So I will pay more money to acquire more risk, decreased
quality of life, and lower probability of being able to sell my home. This does not
sound like a good deal for the majority of impacted homeowners.
Degraded Quality of Life — Many of these issues mentioned above would affect
quality of life and privacy of impacted residents. Lakewood Heights was designed
and intended to be a suburb of the city. As such, folks sank roots here — a place
where they could enjoy a quiet relief from the busier parts of the urban chaos. Take
away the "sub" in "suburban" and you take away the reason for many folios to be
here. People will move away.
So yes, we have concern s, plenty of concerns, even for "only 10 lots ".
Muck MORE TkAN Tkis TNomk ?!
In earlier conversations I had had with Mr. Purinton, he was going to build 5 or 6 houses.
Now we see an application to allow for the build of 10 houses, holding up to 2 families
each. But even the concerns stated above, associated to the 10 house build, are
dwarfed by the impacts of the potential development preferred by the City (stated on
public record), and likely the developers. A person can be forgiven for looking at the
public- knowledge evidence and drawing the conclusion that this area will likely become
a huge new subdivision. The evidence abounds:
• The map on page 176 of the Feb 1 Common Council Meeting Agenda, this being
part of the original application, shows not only a full build on the Purinton property;
but an extension of Lakewood and Willie Avenues into a full build on "Scott Bros"
property. (See Appendix B.)
• The Proposal on page 190 of that same document states "the applicant is seeking
to subdivide his property into approximately 930 residential lots over the long-
term..."
• The City comments on page 191 of the same document "Generally, staff considers
that the requirements set out in the `RS -9' One and Two Family Suburban
4
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
Residential zone are too suburban for the location. By rezoning the property to
more urban zones, this would assist in achieving an increase in density,
therefore maximizing the use of the land. The long term sustainability of the
City of Saint John will depend, in part, on the community's ability to facilitate
more dense urban development."
• Also, a map associated to the current application positions this proposed
development as "Phase 1 °.
• The current application is requesting a new "subdivision ". (Why not just an extension
of Lakewood Avenue, if "only 10 lots' ?)
The signs are all there. And what else would we expect? If a person buys a parcel of
land, what else would they do with it? Does Purinton or Scotts buy so that they can take
a walk in their woods? No And even IF Mr. Purinton has no current plans to develop the
full extent of his holdings, he may eventually change his mind, or even sell the property
to someone who does want to fully develop the land. The message has to be heard now,
before we are beyond the point of no return.
AbouT TRUST Auld Accouwbili
So who will protect the citizens in Lakewood Heights? The PAC, that on May 4 largely
ignored our concerns, provided a closing statement to the concerned residents,
indicating that a network of "checks and balances" will ensure we are protected.
But when the early -year application for more than 100 lots was presented at Common
Council, it was obvious that no due diligence had been applied then — no studies
completed, few answers readily available, an appearance of no real care or interest.
Even on the formal notices, back in January "Lakewood Avenue" had been referred to
as "Lakewood Drive ", and on the most recent application, the new subdivision has been
referred to as both "Lakewood Valley Subdivision" and "Lakeview Valley Subdivision".
When I had recently challenged Mr. Purinton re the "Phase 1" reference on the map in
the latest notice, his comment was "oh, that wasn't supposed to be on there ". Though
these might seem "little things" — detail, care, and due - diligence is very important. One
cannot help but feel that the City is jamming this through, "come hell or high water", with
little care or understanding.
And we need look no further than the new development in northwest Lakewood Heights
to feel unease and outrage. Foundations cracked from blasting, yards and basements
flooded by water, items falling from walls due to lack of warning of blasting. This cannot
happen — where are the "checks and balances", where is the due - diligence, where is the
follow -up by the city to ensure studies are completed and execution is being properly
managed?
The sad fact is that when push comes to shove, the City often indicates that it is the
responsibility of the developer, or worse still, says it is the homeowner's responsibility.
The applicant at 210 Lakewood has recently been quoted in the local newspaper as
saying that he "doesn't know what all the fuss is about'. Such a statement trivializing
our concerns absolutely does not bode well. We don't know what to believe or to whom
to turn when things go wrong. So yes, we absolutely dread any further development in
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
Lakewood Heights. We've seen how poorly the process works and how little we can
depend on accountability.
FORMUTA FOR SUCCESS?
Cracked foundation and flooded properties — not the greatest of success in mixing the
old with the new. The City's recipe here seems to be this: Start with a half century-old
infrastructure that had been intended for limited suburban load, stay away from applying
any real foundational upgrades to it or even fixing the existing serious issues, then
increase the load and dramatically impact the landscape and nature of the community. Is
it so hard to see that it does not work? You cannot extend the new from the old, in the
way you seem to be going. In a chat with one of your councilors about our concems, I
was told that Paul Groody — your Head of Municipal Operations — has stated that this
expansion absolutely should not happen. It will not work. It's my understanding that Mr.
Groody's responsibility is to deal with any issues driven by such an expansion, and if he
is concerned, you should be listening.
NoT "AN*DEVEIopMEFe
We are not against development in the City of Saint John. It does not take genius to see
that the city is bleeding out residents at an alarming rate. According to census figures,
"in the years between 1995 and 2005, the population of [the City at] Saint John
declined 3.6%"'. Where are the people going? Many are going to the suburbs or exurbs
— the name used for outer suburbs. Study after study backs this up * *'. So the city's
solution seems to be to dissolve it's suburbs, alienate suburbanites, and push people
further outward.
91:00(30
8000€3
/ f 11_"11:% r_.
60,000
50000
R,opulc+t.on Change in the 4-"Ay al ci..nt John (1197-1-M0043)
1971 197 6 1981 1 9 36 1 X 9 1 1 99 3 21-7-i- x
We absolutely need the tax dollars. But we implore you to do it properly. Start with fresh
developments where the existing residents don't lose something, or everything, dear to
them. If you continue to act on your flawed strategy, the bleeding will continue until the
city is dead.
See: http: / /en.wikipedia.org/wiki/ Saint_ John,_New_Srunswick#Population
See: http:/l eldotelecom .blogspot.com/2bd5 /44 /population - shift -to- exurbs- has- major.html and
http://en.wikipedia.org/wiki/Suburbanization
6
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
IN SUMMATION
In summation. the residents of Lakewood Heights are very concerned w -a s
application "for only 10 lots" - concerned about water damage, about traffic dangers,
about their childrens' safety, about noise, about increased taxes, about cracked
toundations, about degraded quality of life. And they are concerned that this is indeed
lust "Phase 1" of much more to come. The city has not done a good job of ensuring that
the best interests of its citizens are being addressed - it is applying a flawed strategy of
"new onto old ", and it is doing more to discourage and chase away citizens, than to
attract them.
f he deveioper and planning committee —joined at the hip — are going to tell you grand
ano wonaertul things, about how they will pave some of the roads a few years down the
line, about a private engineering study that says that we "don't have a water sewerage
problem in Lakewood Heights ", about an observation made by the developer in which he
watched traffic over a very brief and isolated timeframe and implied that this was a
`traffic study ", about other studies they'll do and infrastructure they'll upgrade "later",
about promises that they won't have to blast through the solid rock so plentiful in our
area, and how they will keep the insistent sound of jack - hammers, chainsaws, drills,
hammers, and trucks restricted to just a daytime nightmarish noise.
But that does not come close to addressing the core problems in this neighborhood or
the concerns troubling our minds. I keep thinking back to the cold sterile statement made
by a Planner in the City's January Planning Report, mentioning "...this would assist in
achieving an increase in density, therefore maximizing the use of the land... ". This
is about people, not just facts and figures. If you approve the application, you are telling
the majority that their concerns are not important. We, the residents of Lakewood
Heights, implore you to reject this application...
Peter Waller
On Behalf of The Lakewood Heights Residents Group
Visit us at bM://sites.g—oogle.com/siteAakewoodbigLELome or email us at lakewoodhrg @gmail.com
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
Appendix A — Petition
Lakewood Heights Residents
I oppose the development of the property at 210 Lakewood Avenue...
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Request To City of Saint John Common Council
From Lakewood Heights Residents Group
Appendix A — Petition (continued)
Lakewood Heights Residents Group
I oppose the development of the pmperty at 210 Lakewood Avenue...
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Request To City of Saint John Common Council
From Lakewood Heights Residents Group
Appendix A -- Petition (continued)
Lakewood Heights Residents
I oppose the development of the property at 210 Lakewood Avenue...
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Request To City of Saint John Common Council
From Lakewood Heights Residents Group
Appendix A — Petition (continued)
Lakewood Heights Residents Group
I oppose the development of the property at 210 Lakewood Avenue...
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11
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
Appendix B — Map of Long Term Plan
12
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
Appendix C — Photo Mosaic of Issues
Blind Knoll Near Schoof Crosswalk
School Traffic — Corner of Lakewood & Lakeview
13
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
I
Lakewood Five — Patchwork Quilt
14
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
- rw�24,ti
4
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Ditch Swamp on kfid- Lakewood Ave
15
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
-- 7..r+ E-,711 4Ttl. I . j
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Dflch'Swarnp on Lower Lakewood Ave — School Side
16
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
of Lakewood & Lakeview)
4 y
Swamp on Coyer Lakeview drive
17
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
Swamp on Lower Lakev(ew Drive
Looking flown to L
Way Water Flows)
18
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
Rack in Northwest Development (Notice Rock Wafl to R#ght of Car)
19
Request To City of Saint John Common Council
From Lakewood Heights Residents Group
Chuck€ Outcrop in Applicanfs Driveway Left Side
20
May 10, 2010
His Worship Mayor Court
And Councillors
Your Worship and Councillors
SUBJECT: Proposed Municipal Plan Amendment — 47 -51 and 63 -69 Ross Street
and 72 -74 St. James Street
A Public Presentation was made on March 29, 2010 of a proposed amendment to the
Municipal Development Plan which would redesignate on Schedule 2 -A and 2 -C of the
Plan, from Medium Density Residential to Approved Commercial Development,
parcels of land with an area of approximately 1680 square metres, located at 47 -51 and
63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Nos. 00001628,
00001610, 00001594, 00001586 and 00001800 and add the said property to the list of
Approved Commercial Developments in sub - section 2.4.6.28, to permit a parking area.
The required advertising has been completed, and attached you will find a copy of the
application, public notice and insertion order of the proposed municipal plan amendment.
If Council wishes, it may choose to refer the matter to the Planning Advisory Committee
for a report and recommendation and authorize the necessary advertising with a Public
Hearing to be held on Monday, June 215, 2010 at 7:00 p.m. in the Council Chamber, or
not to proceed with the proposed amendment process, and adopt a resolution to deny
the application and receive the attached documentation for information.
Respectfully submitted,
Elizabeth Gormley
Common Clerk
Attachment
Mr
TNT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 wwwsaingohn.ca C.P. 1971 Saint John, NA. Canada EA 4L1
Application for a Municipal Plan and Zoning By -law Amendment
Demande de modification au plan municipal et a l'arrete sur le zonage
Applicant Related Information / Renseignements /sur le demandeur
Name of Applicant /Nom du demandeur �/' s7 S7 `� AIB Lid
Mailing Address of applicant / Addresse postale du demandeur
SA IA.!7 TO 4,.) , AIR
Telephone Number / Numdro de tdldphone
Home l Domicile 6U - ( 2_7
Fax Number / Numdro de tdldcopieur
696-2-216
✓1CrOR (tZA IN�
2690 LoCN L0M0A.JP I�p
Postal Code / Code postal E2 A/ 1A
Work /Travail 658 - 8 1 q V
Name of Property Owner (if different) I Nom du propridtaire (si different) V l CT-0 rZ 241-J
Address / Adresse SA HE A S Ago VF
Postal Code / Code postal:
Property Information / Renseignements sur la propriete
Location /Emplacement q7— t9 _ SOS! $T 72 -7 c% ST. .TA_,A4F5 ST.
Civic ft /No de voirie Street 1 Rue PID / NIP
Lot Area / Superficie du lot Street Frontage / Facade sur rue
Existing Use of Property / Utilisation actuelle de la propridtd /011 VE D 64 V t N G
Ate EA
Present Municipal Plan Land Use Designation �� , u � FnJ
Designation actuel de utilization des terres sur le plan municipal S ry Ac 5- 1D E.-' - /AL
Present Zoning / Zonage actuel _ gt4 — I F-
Amendments Requested / Modifications demandees
M icipal Plan /Plan municipal
Change Land Use Designation to / Modifier la ddsignation de Putilisation des terres A ApOr tv f t
and /or / ou
Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe)
Zoning By -law/ Arretd sur le Zonage
Change Zoning to 1 Modification du zonage A B 2 — 10A Me r A-7 6- Foe CO H Etc r
and /or / ou
❑ Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les ddtails en annexe)
Development Proposal l Proposition d'amenagement
Description of Proposal 1 Description de ]a proposition
_1 -�+ F- I N 7-E. A-J -T /5 "Ta 4,4 v E E x t S -r-t A G PA-r--le I,--j Cr L o rt S
2 -OAJF- 13 /A-S SuCN ! }+EV H -A-JE USFP AY 6-'n- se t,✓G
LO -r 5 F0 2 MA"jy �'FA 2S 04 #-1 D QoA -rzb6 2S T'n
8E JEFi..3" —1-0 02-ayIDE BE-r3 2 elk&ICt.aG Foe- -rW.F JfM`ral CoLCE.c
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 site 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.
Yous devez fournir un plan du site a 1'echelle illustrant votre
proposition. Vous pouvez egalement fournir des
photographies, des plans de bdtiment, des dessins de plan
d'elevation et route autre forme de renseignement. Le plan du
site dolt indiquer les dimensions de la propriete,
1'emplacement de la totalize des bdtiments, des allees, des
arras de stationnement, des amenagements paysagers et des
panneaux de signalisation. 11 est important d'indiquer la
distance entre les limites de la propriete et les bdtiments.
Provide reasons why these amendments should be approved. l Fournir les raisons pour les quelles les modifications devraient
&re approuvdes.
'TH F s E L o rS (4A of E X t S TF- b Af pi4.2 K t ,.a6 Fo 2 tiJiFE I G H-&o v rza P..r G
Pao P E2Tt E S Fa A- PIA- Y -(-EA404 , -F4£ bCA 9VIL b IA�1& S 4.JEJeF
To2E .Dat'joy AFTESZ Fr2E e..-t'c-. UP T'n P2avtAE df
ST2t<E r Part x t..a G
Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre
proposition qui pourrait titre utile.
`rt4E S F C 44 A P -J . E S To 2V S S S T. '41.1> es Sr, JfAvr
lM10ao vas Tt- r A4Z-A 0 SduT-� E ND kt-- rTiF /as
Fit a" r-.1 s t G H is a v A-1 MJ G LA,--/ D oW&) Eat S � Ric S t D c r✓ -r
Signature of Applicant/ Signature du demandeur _ V I CT o 2 ^TaA i x1
Date
E'3 . 2 6
❑ $400 Application Fee Enclosed I Ci joint les frais de demande de 400 $
2010
G F .Tv PRO tZ`'r -
e4c.. SU Pp d 12--T-
lfyou are not the owner of the land in question Si vows n'etes pas le proprietaire du terrain en question,
please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la garde
the owner authorizing this application to proceed is ci- dessous. La signature du proprietaire autorisant le
required for consideration by Common Council. traitement de la presente demande est requise pour que
cette ¢erniere soft ex minee par le conseil communal.
Signature of Owner (if applicable)
Signature du proprietaire (s'll y a lieu) V�t_,t,ti
Date
-F41 t
4 C+IA.t4
City of Saint John
ATTN: Mark Reade
Planning and Development
PO Box 1971
Saint John, NB
E21, 4L 1
February 23, 2010
RE: Rezoning of Property Owned by 514574NB Ltd. (Victor Train)
Hello Mark Reade,
As discussed in our meeting two weeks ago, three key issues need to be addressed, a fence along the
neighbouring west side of the property, the future landscaping along the sidewalk once the city
completes road and sidewalk upgrades slated for 2012, and parking to include a strip of neighbouring
property up against the building on the North side.
ITEM A
Fence along the neighbouring west side of the property.
The proposed fence is a chain link fence with grey privacy slats installed. The attached photograph,
Appendix A, shows the fence running from the corner of the car port up to the existing wooden fence.
Neighbouring properties on the other side of the building (the East side) already have the same fencing
installed and are very happy with this arrangement, see the attached photograph, Appendix A.
ITEM B
Future landscaping along the sidewalk once the city completes road and sidewalk upgrades slated
for 2012.
The proposed curbing along the sidewalk side of the property (the South side), 8 spaces in total. Will be
considered temporary until the city completes road and sidewalk upgrades presently slated for 2012.
These curbs, see attached photograph, Appendix B, will then be removed and a long planter will be
constructed from the same Allan Block Wall System presently used on the property, see attached
drawing and photograph, Appendix B.
ITEM C
Parking to include a strip of neighb ri property up against the building on the North side.
The proposed parking along the side o h neighbouring property to the North side of the parking lot,
is supported by the property owner ( obert yan), see the attached photograph and letter of support,
Appendix C.
IOU/ ItIl'ZOOV nti: e. 1 F'LAM1LNU ANU M VLLUJ PAGE 10/12
PLANNING AND DEVELOPMENTIU
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Subject Siteisite en question.,
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Location: 47 -69 Rase Street and 72 -74 St,
Street
Date: July 29, 2009
Not to scale /Pas A 1'Bchelle
ET DtVELOPPEMENT
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PIOWINIPM:
00001628, 00001610, 00001594
and 00001804
St. James Street
Future Planter
Pale
Ross Street
Future Planter
Pole
ino
I
APPENDIX "A"
Modified photograph of proposed fence running from car port to existing wooden fence.
Existing fence and retaining wall on East side of property,
APPENDIX "B"
Modified photograph of proposed ,temporary curbs at head of proposed 8 parking spaces.
Allan Block Wall System proposed for future planter along sidewalk.
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Bud et Number: 110 0801 442 2010
Department. Common Clerk's Office Account # 71206
Contact: Elizabeth Gormley
Phone: 506 658 -2862
Fax: (506 ) 674 -4214
Special Instructions (if any):
Reference: 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
- SJTJ City Information Ad
" SJTJ Independent Placement
SJTJ Classifieds
Date(s): Tuesday, March 16, 2010
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline: ❑ General Notice ❑ Tender ❑ Proposal
® Public Notice
Sub - Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale
Contact:
Telephone: (506) 658 -2862
PROPOSED MUNICIPAL PLAN
AMENDMENT
RE: 47 -51 AND 63 -69 ROSS STREET
AND 72 -74 ST. JAMES STREET
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 and 2 -C of the Plan,
from Medium Density Residential to Approved
Commercial Development, parcels of land with an
area of approximately 1880 square metres, located at
47 -51 and 63 -69 Ross Street and 72 -74 St. James
Street, also identified as PID Nos. 00001628,
00001610, 00001594, 00001586 and 00001800, as
illustrated below.
2. Add the following to the list of Approved
Commercial Developments in sub - section 2.4.6.28:
"x) parcels of land with an area of
approximately 1880 square metres, located at
47 -51 and 63 -69 Ross Street and 72 -74 St.
James Street, also identified as PID Nos.
00001628, 00001610, 00001594, 00001586
and 00001800."
[1NSERT MAP]
A public presentation of the proposed amendment
will take place at a regular meeting of Common
Council on Monday, March 29, 2010 in the Council
Chamber, Lobby Level, City Hall.
REASON FOR CHANGE:
To pen-nit a parking area.
Written objections to the proposed amendment may
be made to the Council, in care of the undersigned, by
April 28, 2010. Enquiries may be made at the office
of the Common Clerk or 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.
Elizabeth Gormley, Common Clerk
658-2862
PROJET DE MODIFICATION DU PLAN
MUNICIPAL
OBJET: 47 -51 ET 63-69, RUE ROSS
ET 72 -74, RUE ST. JAMES
Par les pr6sentes, un avis public est donn6 par lequel
le conseil communal de The City of Saint John a
l'intention d'etudier ]a modification du plan
d'am6nagement municipal comme suit:
1. la reclassification, a ]'annexe 2 -A et 2 -C du plan
des parcelles de terrain d'une superficie d'environ
1880 metres carr6s, situees au 47 -51 et 63 -69, rue
Ross et 72 -74, rue St. James, et portant les NID
00001628, 00001610, 00001594, 00001586 et
00001800, de zone residentielie de densite moyenne
a zone d'antenagement commercial approuve,
comme le montre ]a carte ci- dessous.
2. Pajout des parcelles de terrain suivantes a ]a liste
des amenagements commerciaux approuvds a 1'alin6a
2.4.6.28 :
<(x) des parcelles de terrain d'une superficie
d'environ 1880 metres carres, situees au 47 -51
et 63 -69, rue Ross et 72 -74, rue St. James, et
portant les NID 00001628, 00001610,
00001594, 00001586 et 00001800. »
[INSERER LA CARTE]
Une presentation publique du projet de modification
aura lieu lors de la reunion ordinaire du conseil
communal le lundi 29 mars 2009 dans ]a salle du
conseil, au niveau du hall d`entr6e, A 116tel de ville.
RAISON DE LA MODIFICATION:
Permettre une sire de stationnement.
Veuillez faire part au conseil par 6crit de vos
objections au projet de modification au plus tard le 28
avril 2010 a 1'attention du soussign6. Pour toute
demande de renseignements, veuillez communiquer
avec le bureau du greffier communal ou le bureau de
I'urbanisme et du d6veloppement a 1'h6te1 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 f6ri6s.
Elizabeth Gormley, Greffi6re communale
658 -2862
PUBLIC NOTICE
AV IS PUBLIC
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:
L Redesignate on Schedule 2 -A and 2 -C of the
Plan, from Medium Density Residential to Approved
Commercial Development, parcels of land with an
area of approximately 1880 square metres, located
at 47 -51 and 63 -69 Ross Street and 72 -74 St. James
Street, also identified as P1D Nos. 00001628,
00001610, 00001594, 00001586 and 00001800, as
illustrated below.
2. Add the following to the list of Approved
Commercial Developments in sub - section 2.4.6.28:
"x) parcels of land with an area of
approximately 1880 square meires, located
at 47 -51 and 63 -69 Ross Street and 72 -74
St. James Street, also identified as PID
Nos, 00001628, 00001610,
00001594, 00001586 and
00001800. "
A public presentation of the
proposed amendment will take
place at a regular meeting of
Common Council on Monday,
March 29, 2010 in the Council
Chamber, Lobby Level, City
Hall.
REASON FOR CHANGE:
To permit a parking area.
Par les pr6sentes, un avis public est donne par
lequel le conseil communal de The City of Saint
John a ]'intention d'61udier la modification du plan
d'am6nagement municipal comme suit:
1. la reclassification, a I'annexe 2 -A et 2 -C du plan
des parcelles de terrain d'une superficie d'environ
1880 metres carr6s, situ6es au 47 -51 et 63 -69, rue
Ross et 72 -74, rue St. James, et portant les NID
00001628, 00001610, 00001594, 00001586 et
00001800. de zone residentielle de densW moyenne ii
zone d'amenagemeni commercial approure, comme le
montre ]a carte ci- dessous.
2. 1'ajout des parcelles de terrain suivantes a la
liste des am&nagements commerciaux approuv6s a
1'alin6a 2.4.6.28 :
u x) des parcelles de terrain d'une superficie
d'environ 1880 metres carr6s, situ6es au 47-
51 et 63 -69, rue Ross et 72 -74, rue St. James,
et portant les NID 00001628, 00001610,
00001594, 00001586 et
00001800,))
Written objections to the proposed amendment may
be made to the Council, in care of the undersigned,
by April 28, 2010. Enquiries may be made at the
office of the Common Clerk or 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.
Elizabeth Gormley, Common Clerk
658 -2862
Une presentation publique du
projet de modification aura lieu
lors de ]a r6union ordinaire
du conseil communal le lundi
29 mars 2010 dans la sake
du conseil, au niveau du hall
d'entr6e, A 116tel de ville.
RAISON DE LA MODIFICATION:
Permettre une afire de stationnement.
Veuillez faire part au conseil par 6crit de vos
objections au projet de modification au plus tard le
28 ayril 2010 a ('attention du soussign6. Pour toute
demande de renseignements, veuillez communiquer
avec le bureau du greffier communal ou le bureau de
l'urbanisme et du d6veloppement A 116tel de vilie au
15, Market Square, Saint John, N.-B., entre 8 h 30 et
16 h 30 du lundi au vendredi, sauf les jours f6ri6s.
Elizabeth Gormley, Greffi&e conununale
658 -2862
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May 10, 2010
Deputy Mayor and Councillors,
Subject: Recommended Appointments to Committees
The Committee of the Whole having met on May 10, 2010 made the following
recommendations as appointments to committees:
Municipal Plan Citizen's Advisory Committee: to appoint Ann Crozier for a three year term
from May 10, 2010 to May 10, 2013.
Saint John Transit Commission: to re- appoint Dwight Allaby and Shelly Courser each for a
three year term from May 10th, 2010 to May 10th, 2013.
Leisure Services Advisory Board: to re- appoint Bruce Latham for a three year term from May
10th, 2010 to May 10th, 2013.
Rockwood Park Advisory Board: To re- appoint John Noddin, as recommended by the Saint
John Horticultural Association, and re- appoint Councillor Carl Killen each for a one year term
from May 10th, 2010 to May 10th, 2011.
Lord Beaverbrook Rink: to re- appoint Art Van Wart and Sue Ellis Loparco each for a three
year term from May 10th, 2010 to May 10th, 2013.
Sincerely,
Ivan Court
Mayor
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SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 1 wrowv.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1
May 10, 2010
Common Council of the City of Saint John
His Worship Mayor Court, Deputy Mayor Chase and Councillors,
Subject: Committee of the Whole Closed Session — Judicial Review of Assessment
and Planning Appeal Board
The Committee of the Whole, having met on May 10, 2010 directed the Common Clerk to add
the following proposed resolution to Council's open session agenda:
"That the City Solicitor or his designate is hereby authorized and directed to commence and
proceed with an appeal of the decision of Justice Glennie of the New Brunswick Court of
Queen's Bench in the matter of Saint John (City) v. Saint John Fire Fighter's Association,
International Association of Fire Fighters, Local 771 (which is reported as 2010 NBQB 159) to
the New Brunswick Court of Appeal, and further, is hereby authorized and directed to seek a
stay of the Queen's Bench decision should I.A.F.F. Local 771 insist on the implementation of the
Award prior to the disposition of the appeal by the New Brunswick Court of Appeal."
Respectfully Submitted,
Jonathan Taylor,
Assistant Common Clerk
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SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1